974_00001ORDINANCENO._9_7_4
AN ORDINANCERELATINGTO THE COLLECTIONOF WATERANDSEWERREVENUES,AMENDINGMOSESLAKEMUNICIPALCODESECTIONS13.16.050 and 13.16.070 ANDADDINGNEWSECTIONSTO CHAPTER13.16 OF THEMOSESLAKEMUNICIPALCODE
THE CITY COUNCILOF THE CITY OF MOSESLAKE,WASHINGTON00 ORDAINAS FOLLOWS:
Section 1.There are added to the Moses Lake Municipal Code Chapter 13.16 thefollowingnewsections:i 13.16.041 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.
13.16.042 Customer Oispute:
A.At any time before the date of termination of water service fornon-payment of the amount shown on 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 disputeisuntimelyorthatthecustomerpreviouslydisputedthecor-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 city shall thenproceedasifthecustomerhadnotnotifiedthecityofthepresentdispute.
3.If the city determines that the present dispute is not untimelyorinvalidunderthissection,the city,within three (3)daysafterreceiptofthecustomer's notice,shall arrange an in-formal meeting between the customer and the Finance Department.
4.Based on the cit.y's records,the customer's allegations and allotherrelevantmaterialsavailabletotheFinanceDepartment,the Finance Department shall resolve the dispute,attempting todosoinamannersatisfactorytoboththecityandthecustomer.
Ord.#974;Page 2
5.Within five (5)days of completion of the meeting,the FinanceDepartmentshallmailtothecustomeracopyofitsdecisionresolvingthedispute.
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 undisputedportionoftheamountwhichisthesubjectofthepresentdispute.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 shallnotterminatethewaterserviceofthiscustomerandshallnotissueanoticeofterminationtohimsolelyfornon-payment of thedisputedamount.If it is determined that the customer must paysomeorallofthedisputedamount,the city shall promptly mailto,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.
13.16.043 Wate Se
vni
e
Termnm
at on
ePr hedoerenumber.
A.The provisions of this section shall govern all terminations of
water service for non-payment of city charges and/or installmentsandsurcharges.
B.If by the payment date shown on a water and sewer bill,the cityhasnotreceivedcompletepaymentoftheamountshownonthebill
or the notice,the city shall mail to,or personally serve upon,the customer a notice of termination at least three (3)days afterthepaymentdate.
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 serviceshallbeterminated.
5.Notice that in lieu of paying the entire amount shown,a custo-
mer,prior to the date of termination,may notify the city that
he disputes the correctness of all or part of the amount shown,
if all or part of the amount shownwas not the subject of apreviousdispute.
6.An informational telephone number.
Ord.bl4 ,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.
13.16.044 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 13.16.045 Joint Charging:All charges for water,sewer,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.
13.16.046 Utility Tax Passthrough:
A.Section 3.28.050 provides in part for the coll,ection 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 incomeportionoftheutilitytaximposedbySection3.28.050 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 13.16.050 is amendedto read as follows:
13.16.050 Payment of Accounts:
I 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.#974,Page 4
B.The property owners of commercial accounts and governmental agen-cies may sign agreements requesting that their monthly statementsbemailedtoserviceaddresses.
C.The city reserves the right to cut off the water supply from thepremises.The water supply maybe 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 sumof
fifteen dollars ($15)as,a turn-on charge shall be added to theamountdueandpayable.
D.The city shall have a lien against the premises for unpaid water
and sewer charges as provided by the laws of the state.
Section 3.Section 13.16.070 (B)is amendedto read as follows:
13.16.070 Temporarily Vacant or Unoccupied Premises:
B.When utility services are resumed or commencedduring 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 after
its passage and publication as provided by law.
PASSEDby the City Council of the City of Moses Lake,Washington and APPROVEDby
its Mayor this 28th day of October .1980.
ATTEST:
/City C1e
APPR AS TOFORM:
C y Attorney
Publish:11/4 /80
i