973_00001ORDINANCENO.9]Q5
ANORDINANCERELATINGTOTHE COLLECTIONOF WATERANDSEWERREVENUES,AMENDINGMOSESLAKEMUNICIPALCODESECTIONS13.12.060 AND13.12.080 ANDADDINGNEWSECTIONSTOCHAPTER13.12 OF THEMOSESLAKEMUNICIPALCODE
THE CITY COUNCILOF THECITY OF MOSESLAKE,WASHINGTONDOORDAINAS FOLLOWS:
Section 1.There are added to the Moses Lake Municipal Code Chapter 13.12 theifollowingnewsections:
13.12.051 Water and Sewer Billing:A water and sewer bill shall be mailed everymonthtoeverycustomerforwaterandsewerservicesuppliedduringthetimeperiodshownonthebill.Each water and sewer bill shall containthefollowinginformation:
A.The charge and/or installment and surcharge due.
B.The date of the bill.
C.The bills due within ten days from the date of the bill.
D.Notice if bill is based on an estimated measurement of the amountofservicesupplied.
E.Notice that failure to timely and completely pay the amount shownonthebillshallresultinterminationofwaterservice.
F.A telephone number to call in order to obtain information.
13.12.052 Customer Dispute:
A.At any time before the date of termination of water service fornon-payment of the amount shownon a water and sewer bill,or ainoticeoftermination,a customer may dispute the correctness ofallorpartoftheamountshowninaccordancewiththeprovisionsofthissection.A customer shall not be entitled to dispute thecorrectnessofallorpartoftheamountifallorpartoftheamountwasthesubjectofapreviousdisputeunderthissection.
B.The procedure for customer disputes shall be as follows:
1.Before the date of termination,the customer shall notify theFinanceDepartmentinwriting,that he disputes all or part oftheamountshownonawaterandsewerbilloranoticeoftermination,stating as completely as possible the basis forthedispute.
2.If the Finance Department determines that the present disputeisuntimelyorthatthe.customer previously disputed the cor-rectness of all or part of the amount shown,the Finance Depart-ment shall mail to the customer a notice stating that the pre-sent dispute is untimely or invalid.The cit.y shall thenproceedasiftheTaustomerhadnotnotifiedthecityofthepresentdispute.
3.If the city determines that the present dispute is not untimelyorinvalidunderthissection,the city,within three (3)daysafterreceiptofthecustomer's notice,shall arrange an in-I formal meeting between the customer and the Finance Department.
4.Based on the city's records,the customer's allegations and allotherrelevantmaterialsavailabletotheFinanceDepartment,the Finance Department shall resolve the dispute,attempting todosoinamannersatisfactorytoboththecityandthecustomer.
Ord.973:Page 2
5.Within five (5)days of completion of the meeting,the Finance
Department shall mail to the customer a copy of its decision
resolving the dispute.
6.The decision shall be final and binding on the customer.
C.Utilization of this dispute procedure shall not relieve a customerofhisobligationtotimelyandcompletelypayallotherundisputedchargesand/or installments and surcharges,and the undisputed
portion of the amount which is the subject of the present dispute.Notwithstanding this section,failure to timely and completely payallsuchundisputedamountsshallsubjectthecustomertotermina-tion of water service in accordance with the provisions of thisordinance.
D.Until the date of the Finance Department's decision the city shall
not terminate the water service of this customer and shall not
issue a notice of termination to him solely for non-payment of thedisputedamount.If it is determined that the customer must pay
some or all of the disputed amount,the city shall promptly mail
to,or personally serve upon the customer,a notice of termination,which shall contain the following:
1.The amount to be paid.
2.The date of the notice of termination.
3.The date of termination,which shall be at least ten (10)days
after the date of the notice of termination.
4.Notice that unless the city receives complete .payment of theamountshownpriortothedateoftermination,water serviceshallbeterminated.
13.12.053 Wate Se
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enumber.
A.The provisions of this section shall govern all terminations of
water service for non-payment of city charges and/or installments
and surcharges.
B.If by the payment date shown on a water and sewer bill,the city
has not received complete payment of the amount shownon the bill
or the notice,the city shall mail to,or personally serve upon,the customer a notice of termination at least three (3)days after
the payment date.
C.The notice of termination shall contain the following:
1.The amount to be paid.
2.The date of the notice of termination.
3.The date of termination,which shall be at least ten (10)days
from the date of the notice of termination.
4.Notice that unless the city receives complete payment of the
amount shown prior to the date of termination,water service
shall be terminated.
5.Notice that in lieu of paying the entire amount shown,a custo-
mer,prior to the date of termination,may notify the city thathedisputesthecorrectnessofallorpartoftheamountshown,
if all or part of the amount shownwas not the subject of apreviousdispute.
6.An informational telephone number.
Ord.#973 :Page 3
D.If,prior to the date of termination,
1.The city has not received complete payment of the amount shownonthenoticeoftermination;or
2.The customer has not notified the city that he disputes thecorrectnessofallorpartoftheamountshownonthenotice oftermination,
then the city shall terminate water service provided to the custo-I mer on the date of termination.
E.If the city receives payment of the entire amount shown on thenoticeofterminationpriortothedateoftermination,such pay-ment shall be considered a timely and complete payment for purposesofthisordinance.
13.12.054 Limitations on Termination of Water Service:
A.The city shall terminate water service for non-payment of water andsewerchargesand/or installments and surcharges only during thehoursof9a.m.to 3 p.m.Monday through Thursday.No terminationsshallbepermittedonalegalholidayoronthedaybeforealegalholiday.
B.In the event the city should proceed to terminate water service toanypropertywhichhasfailedtobringitsaccountcurrentafterdeliveryofwrittennotice,the employee of the city dispatched todisconnectthewaterserviceshallmakeareasonableefforttoinformtheuserthatwaterserviceisbeingterminated.The cityemployeemaynotacceptpaymentofthedelinquentamountfromtheuser,but the employee shall not terminate water service to thepropertyuntiltheuserhasbeenaffordedanopportunityofnotlessthan1hourinlengthtoreachthecityhallandarrangetobringtheaccountcurrent.I 13.12.055 Joint Charging:All charges for water,sewers and garbage payments duethecityshallbebilledjointlyononestatement.All payments re-ceived from a customer shall be credited first to overdue charges forwater,sewer,and garbage service on a prorata basis.
13.12.056 Utility Tax Passthrough:
A.Section 3.28.050 provides in part for the collection of a utilitytaxuponeveryperson,including the city,who engages in thesellingorfurnishingofsewerandwater,or a service of sewer andwater,or the providing of facilities for sewer and water.As aresultoftheoperationofitswaterandsewersystem,the city issubjecttotheutilitytaximposedbySection3.28.050.
B.The city is authorized to collect the percentage of gross incomeportionoftheutilitytaximposedb.y Section 3.28.050 from theusersofthecity's water and sewer system by including on eachuser's billing the sum the city would be liable to pay as a utilitytaxonthatbasis.
Section 2.Section 13.12.060 is amended to read as follows:
13.12.060 Payment of Accounts:
A.Water and sewer bills shall be the responsibility of and billeddirectlytothepropertyowner,and the same shall be due andpayablewithin10daysofthebillingdate.The billing datesforutilityaccountsshallbeasfollows:
Routes 1 through 15 on the 20th of each monthRoutes16through29onthe30thofeachmonthRoutes50through60,70,and 71 on the 10th of each month
Ord.#973:Page 4
B.The property owners of commercial accounts and governmental agen-cies may sign agreements requesting that their monthly stamentsbemailedtoserviceaddresses.
C.The city reserves the right to cut off the water supply from thepremises.The water supply may be cut off if either the waterchargeorthesewerchargeisdelinquent,or both,and should thewatersupplybeturnedoffforfailuretopaythesewercharge
and/or water charge when due,the water supply shall not be turned
on until all .delinquent charges have been paid in full.The sum offifteendollars($15)as a turn-on charge shall be added to the
amount due and payable.
D.The city shall have a lien against the premises for unpaid waterandsewerchargesasprovidedbythelawsofthestate.
Section 3.Section 13.12.080 (B)is amended to read as follows:
13.12.080 Temporarily Vacant or Unoccupied Premises:
B.When utility services are resumed or commenced during the last
fifteen days of the billing cycle,sewer shall be charged for only
a half of a month.Water shall be charged based on consumption
and billed at the rates provided for by ordinance.
Section 4.This ordinance shall take effect and be in force five (5)days afteritspassageandpublicationasprovidedbylaw.
PASSEDby the City Council of the City of Moses Lake,Washington and APPROVEDby
its Mayor this 28th day of October ,1980.
ATTEST:
City CT k
Publish:11/4/80
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