1027_00001ORDINANCENO.1027
AN ORDINANCERELATINGTO CHAPTER13.12 OF THEMOSESLAKEMUNICIPALCODEENTITLED"WAÍERANDSEWERRATES"BY AMENDINGCERTAINSECTIONSANDADDINGNEWPROVISIONSTOCERTAINSECTIONSOFCHAPTER13.12
THE CITY COUNCILOF THE CITY OF MOSESLAKE,WASHINGTONDOORDAINAS FOLLOWS:
I Section 1.Chapter 13.12 of the Moses Lake Municipal Code entitled "Water andSewerRates"is hereby amended to read as follows:
13.12.005 Definitions:
A.City Water System means any water system operated by the City ofMosesLake.
B.City Sewer System means any sewer system operated by the City ofMosesLake.
13.12.010 Residential Water Rates:
A.The following shall be the monthly rate charge for water from thecitywatersystemforallresidentiallivingunits:
Amount Used(in cubic feet)Water Rate
0-500 $5.85per month501-3,000 $.49 per 100 cu.ft.or portion thereofOver3,000 $0.25 per 100 cu.ft.or portion thereof
B.The following shall be the minimum monthly amounts charged accord-ing to each meter in service:
Water DeliveredMeterSizeMinimumChargeforMinimum(in inches)per Calendar Month (in cubic feet)
3/4 or smaller .$5.85 50018.30 1,0001½15.65 2,500235.60 10,000
C.Unmetered residential water services shall be based upon the fol-lowing rate schedule:
Billing Cycle Flat Rate
November through March $7.35per monthAprilthroughOctober14.65 per month
13.12.015 Duplex Water Rates:
A.The following shall be the monthly rate charged for water from thecitysystemforduplexeswithonlyonemeterservingtwolivingunitsorfortwohousesonasinglelotservedbyonemeter:
Amount Used
I (in cubic feet)Water Rate
0-1,000 $11.70per month1,001-6,000 $0.49 per 100 cu.ft.or portion thereofOver6,000 $0.25per 100 cu.ft.or portion thereof
Ord.1027/Page 2
B.The following shall be the minimum monthly amounts charged accord-ing to the size of each meter in service to duplexes with only onemetertothelivingunitsorfortwohousesonasinglelotservedbyonemeter:
Water DeliveredMeterSizeMinimumChargeforMinimum(in inches)per Calendar Month (in cubic feet)
3/4 or smaller $11.70 1,000116.60 2,0001½31.20 5,000270.20 20,000
13.12.020 Commercial Water Rates:
A.The following shall be the monthly rate charged for water from thecitywatersystemforcommercialusersanddwellingswiththreeormorelivingunitsservedbyonemeter:
Amount Used(in cubic feet)Water Rate
0-500 $9.45per month501-3,000 $0.49 per 100 cu.ft.or portion thereofOver3,000 $0.25per 100 cu.ft.or portion thereof
B.The following shall be the minimum monthly amount charged accordingtoeachmeterinservice:
Water DeliveredMeterSizeMinimumChargeforMinimum(in inches)per Calendar Month (in cubic feet)
3/4 or smaller $9.45 500119.25 2,500
1½26.70 5,000239.20 10,000364.20 20,000
4 101.70 35,0006139.20 50,000
8 239.20 90,000
10 389.20 150,000
13.12.030 Residential Sewer Rates:The following shall be the monthly ratechargedcustomersresidingwithinthecorporatelimitsofthecity and
outside the corporate limits of the city except for the area commonlyknownastheformerLarsonAirBaseareaforsewerservicefromthecitysewersystemforsingle-family dwellings and each unit of a duplex
with separate meters:flat rate,$6.20per month.
The following shall be the monthly rate charged customers residing
outside the corporate limits of the city in the area commonlyknown astheformerLarsonAirBaseareaforsewerservicefromthecitysewersystemforsingle-family dwellings and each unit of a duplex with
separate meters:flat rate,$10.57per month.
13.12.035 Duplex Sewer Rates:The following shall be the monthly rate charged
customers residing within the corporate limits of the city and outside
the corporate limits of the city except for the area commonlyknown astheformerLarsonAirBaseareaforsewerservicefromthecitysewersystemforduplexeswithonlyonemeterservingtwolivingunitsorfor
two living units on a single lot served by one meter:flat rate,$12.35per month.
The following shall be the monthly rate charged customers residing
outside the corporate limits of the city in the area commonlyknown astheformerLarsonAirBaseareaforsewerservicefromthecitysewersystemforduplexeswithonlyonemeterservingtwolivingunitsorfor
two living units on a single lot served b.y one meter:flat rate,
$21.14per month.
Ord.1027/Page #3
13.12.040 Commercial Sewer Rates:
A.The following shall be the monthly rate charged customers residingwithinthecorporatelimitsofthecityandoutsidethecorporatelimitsofthecityexceptfortheareacommonlyknownastheformerLarsonAirBaseareaforallchargeablewaterdischargedintothecitysewersystembycommercialusersanddwellingswiththreeormorelivingunitsservedbyonemeter:
Amount Used(in cubic feet)Sewer Rate10-1,000 $5.85per month minimum1,001-30,000 $0.41per 100 cu.ft.or portion thereofOver30,000 $0.25per 100 cu.ft.or portion thereof
The following shall be the monthly rate charged customers residingoutsidethecorporatelimitsofthecityintheareacommonlyknown
as the former Larson Air Base area for all chargeable water dis-charged into the city sewer system by commercial users and dwell-ings with three or more living units served by one meter:
Amount Used(in cubic feet)Sewer Rate
0-1,000 $9.75per month minimum1,001-30,000 $0.74per 100 cu.ft.or portion thereofOver30,000 $0.57per 100 cu.ft.or portion thereof
B.For purposes of calculating sewer charges,chargeable water shallbedefinedasfollows:Chargeable water shall be measured by thewaterconsumedonthepremises,whatever the source of such water,and the samewill be metered either by a public utility meter oroneinstalledandmaintainedbytheownerofthepremisesathis
own expense and approved by the city.Where the use of water is
i such that a portion of all the water used does not flow into thesewersystem,but is lost by evaporation,irrigation,sprinkling orisusedinmanufacturingorinamanufacturedproduct,and thepersonincontrolprovidesproofofthisfactandinstallsameterorothermeasuringdeviceapprovedbythecitytomeasuretheamountofwatersousedandsolost,this water may be deductedfromtheactualwaterconsumptionusedincalculatingthesewercharge.
The sewer charges for triplexes and apartments,mobile home parks,schools,hospitals and other commercial establishments with in-creased usage for irrigation,only if their landscaping exceedsfivethousandsquarefeet,shall be computed on the average con-sumption during the previous non-irrigation season,unless the userelectstoinstall,at his expense,an approved measuring device tomeasurewaternotenteringthesewersystem.When a user has aswimmingpoolorcoolingunitsdischargingtothesanitarysewer,he must install an approved meter to determine the amount of waterexemptfromsewerchargesduringtheirrigationseason.The ir-rigation season shall be defined as the period in which statementsaremailedfortheAprilthroughOctoberbillingcycles.
C.Sewer rates for commercial uses discharged into the sewer systemmaybeseparatelydeterminedbytheCityCouncil,based upon bothvolumeandchemicalcharacteristicsofthesewage.The City Coun-I cil reserves the privilege to require pre-treatment of any materialdischargedintotheseweragesystem,or to prohibit discharge intothesystemofindustrialwastesthat,because of either volume orconcentration,will overload existing sewerage facilities.
D.All air-conditioning and refrigeration units that are installed,replaced or that have capacity increased after the effective dateoftheordinancecodifiedinthischaptershallberequiredtoinstallrecirculatingunits.Disposal may not be accomplished bydischargingintothesanitarysewersystem.
Ord.1027/Page 4
13.12.050 Surcharge:
A.In addition to the charge for water and sewer services as set forthinthischapteratwenty-five percent surcharge shall be assessedforwaterserviceandsewerservicefurnishedoutsidethecitylimitstodefraytheadditionalexpenseincurredinservicingtheaccountexcepttheareacommonlyknownastheformerLarsonAirBasearea.
B.There shall be no surcharge imposed or collected from any municipalcorporationorgovernmentagencyforwaterorsewerservicefur-nished outside the city limits.The municipal corporation orgovernmentalagencyshallpayforwaterandsewerserviceinaccordancewiththescheduleofchargessetforthinthischapter.
C.Sewer rates for industrial or processing plants may be separatelydeterminedbytheCityCouncil,based upon both volume and chemicalcharacteristicsofthesewage.
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.
B.The date of the bill.
C.The bills are due within thirty days from the date of the bill.Past due amounts are due immediately upon receipt of a bill.
D.Notice if bill is based on an estimated measurement of the amountofservicesupplied.
E.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 anoticeoftermination,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 for
the dispute.
2.If the Finance Department determines that the present dispute
is untimely or that the 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 city shall thenproceedasifthecustomerhadnotnotifiedthecityofthepresentdispute.
3.If the city determines that the present dispute is not untimely
or invalid under this section,the city,within three (3)days
after receipt of the customer's notice,shall arrange an in-
formal meeting between the customer and the Finance Department.
4.Based on the city's records,the customer's allegations and all
other relevant materials available to the Finance Department,
the Finance Department shall resolve the dispute,attempting todosoinamannersatisfactorytoboththecityandthecusto-
mer.
Ord.1027/Page 5
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 payIallsuchundisputedamountsshallsubjectthecustomertotermina-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 cit.y 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)daysafterthedateofthenoticeofterminationisissued.
4.Notice that unless the city receives complete payment of thepastdueamountshownpriortothedateoftermination,waterserviceshallbeterminated.
5.An informational telephone number.
13.12.053 Water Service Termination Procedure:
A.The provisions of this section shall govern all terminations ofwaterservicefornon-payment of city charges and/or installmentsandsurcharges.
B.If by the payment date shown on a water and sewer bill,the cit.yhasnotreceivedcompletepaymentoftheamountshownonthebillthecityshallmailto,oripersonally serve upon,the customer anoticeoftermination.The notice of termination shall be sentwiththecurrentmonth's bill.The notice shall indicate theamountpastdue.
C.The notice of termination shall contain the following:
1.The amount past due and the amount of the current month'sbilling.
2.The date of the notice of termination.
3.The date of termination,which shall be no less than ten (10)days from the date of the notice of termination.
4.Notice that unless the city receives complete payment of theiamountpastduepriortothedateoftermination,water serviceshallbeterminated.
5.Notice that tn 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 shown was not the subject of apreviousdispute.
Ord.1027/Page 6
6.Notice that $15will be assessed as a turn-on charge.
7.An informational telephone number.
D.If,prior to the date of termination.
1.The city has not received complete payment of the past due
amount shown on the notice of termination;or
2.The customer has not notified the city that he disputes thecorrectnessofallorpartoftheamountshownonthenotice of .termination,
then the city shall terminate water service provided to the custo-
mer on the date of termination.
E.If the city receives payment of the past due amount shown on thenoticeofterminationpriortothedateoftermination,suchpaymentshallbeconsideredatimelyandcompletepaymentfor
purposes of this ordinance.
13.12.054 Limitations on Termination of Water Service:
A.The city shall terminate water service for non-payment of past due
water and sewer charges and/or installments and surcharges only
during the hours of 9 a.m.to 3 p.m.Monday through Thursday.No
terminations shall be permitted on a legal holiday or on the daybeforealegalholiday.
B.In the event the city should proceed to terminate water service to
any property which has failed to pay a past due amount after deliv-
ery of written notice,the employee of the city dispatched todisconnectthewaterserviceshallmakeareasonableefforttoinformtheuserthatwaterserviceisbeingterminated.The city
employee may not accept payment of the delinquent amount from the
user,but the employee shall not terminate water service to thepropertyuntiltheuserhasbeenaffordedanopportunit.y of notlessthan1hourinlengthtoreachthecityhallandarrangetobringtheaccountcurrent.
13.12.055 Joint Charging:All charges for water,sewer,and garbage payments due
the city shall be billed jointly on one statement.If water and sewerchargesarebilledinconjunctionandsimultaneouslywithstatementsissuedbythecityforrefusecollectionanddisposal,all payments
received from a customer shall be credited first to past due garbage
charges,then the remainder,if there be any,first to past due sewerchargesthentopastduewatercharges.Payments on current accounts
shall be credited first to garbage charges then the remainder,if therebeany,to sewer charges then to water charges.
13.12.056 Utility Tax Passthrough:
A.Section 3.28.050 provides in part for the collection of a utility
tax upon every person,including the city,who engages in thesellingorfurnishingofsewerandwater,or a service of sewer and
water,or the providing of facilities for sewer and water.As aresultoftheoperationofitswaterandsewersystem,the city is
subject to the utility tax imposed by Section 3.28.050.
B.The city is authorized to collect the percentage of gross income
portion of the utility tax imposed by Section 3.28.050 from the
users of the city's water and sewer system by including on the
billing of each user residing within the corporate limits of the
city,the sum the city would be liable to pay as a utility tax onthatbasis.
Ord.1027/Page 7
13.12.060 Payment of Accounts:
A.Water and sewer bills shall be the responsibility of and billeddirectlytotheowneroftherealestate,unless the owner of therealestatewishesthebillsenttoanotheraddress,the same shallbedueandpayablewithin30daysofthebillingdate.If theowneroftherealestatewishesthebillsenttoanotheraddress,the owner of the real estate first must execute a form provided bytheCit.y of Moses Lake indicating his desires.The form shallcontainataminimum,the owner of the real estate's name andaddress,the address to which he wishes the bill sent,and a state-I ment that if the person at the address to which the bill is sentmovesandleavesanunpaidbalance,the owner of the real estaterecogni2eshisresponsibilit.y for the bill.The billing dates forutilityaccountsshallbeasfollows:
Routes 1 through 15 on the 20th of each monthRoutes16through29onthe30thofeachmonthRoutes50through60,70,and 71 on the 10th of each month
B.The property owners of commercial accounts and governmental agen-cies may sign agreements requesting that their monthly statementsbemailedtoserviceaddresses.The statements will contain thesameinformationreferredtoinSubsectionA.
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 thewatersupplybeturnedoffforfailuretopaythesewerchargeand/or water charge when due,the Water supply shall not be turnedonuntilalldelinquentchargeshavebeenpaidinfull.The sum offifteendollars($15)as a turn-on charge shall be added to theamountpastdueandwillbebilledonthenextmonth's statement.
D.The city shall have a lien against the premises for unpaid water
i and sewer charges as provied by the laws of the state.
E.Advance payments may be made on any garbage,water,or sewer account.
F.Water service will not be terminated if there is a past due waterorsewerchargeof$4.50 or less,subject to Subsection G.
G.No water or sewer bills shall be allowed to be more than 60 dayspastdueregardlessofthepastdueamount.If a water or seweraccountistobecome60dayspastdue,water service shall be
..sterminated as provided herein before the 60th day ends.
H.No garbage,water,or sewer account will be transferred to anotherperson,partnership,corporation,or other entity unless the accountisbroughtcurrentpriortotherequestedtransfer.
I.Property served by more than one meter must keep all accountscurrentinaccordancewiththischapterinordertoavoidwaterservicebeingterminatedtoallmetersservingtheproperty.
13.12.070 Application for New Water and Sewer Service:Application for water andsewerserviceshallbemadeuponformsprescribedbytheFinanceDirec-tor.The water charge shall begin to run from the date water is turnedonandthesewerchargeshallstartafterthesewerlinehasbeen
13.12.080 ep
etaer
ly Vacant or Unoccupied Premises:
A.The minimum water and/or sewer service shall continue until anorderinwritingtodiscontinueservicehasbeengiven.The watershallnotbeturnedonoroffuntilarequestinwritingisgiven,on forms furnished by the city,for the turning on or off of theservice.The sum of six dollars as a service charge shall be addedforeachturn-on or for each change of service to another occupant.
Ord.1027/Page 8
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 andbilledattheratesprovidedforbyordinance.
13.12.090 Hydrant Rental:The city shall pay from its current expense fund tothewaterandsewerfundthesumoftwodollarsperhydrantperyear in
payment to the city Water Department for water used through the fire
hydrants in the city.
12.13.100 Fire Protection Charges:
A.Those agencies or firms that control property within the areaservedbythewatersystemwillbechargedthesumof$20perhydrantperyearinpaymenttothecitywaterdepartmentasreim-
bursement to the city for excess water facilities required toprovidefireprotectionservicesandtopayfortestingandmain-
tenance of fire hydrants.Water used through fire hydrants in the
event of fire will be estimated and billed to the agencies for
which water was used in accordance with the commercial rate struc-ture.The city reserves the right to deactivate those hydrants
located in open areas where no buildings can be served from thehydrant,in which event the fire protection charge will also be
waived.
B.Metering shall not be required for fire protection lines running
directly to buildings when used solely for furnishing water tosprinkler,deluge or other fire protective systems.Water flow
alarms shall be provided in all fire protection sprinkler instal-lations.Such alarms shall be either water motor or electric
gongs,except where alternate devices are specifically approved by
the city.
C.Water supplied to underground tanks or other private systems from
which water is pumped for fire protection service shall be metered
and payment shall be made in accordance with the established rate
for commercial accounts.
Section 2.This ordinance shall take effect and be in force with billing dates
after September 1,1981.
PASSEDby the City Council of the City of Moses Lake,Washington and APPROVEDby
its Mayor this 11th day of August,1981.
Rayor Pro Tem
ATTEST:
ORM:
City Attorn
i
Publish:August 24,1981