Chapter 14.04 MUNICIPAL WATER SUPPLY SYSTEM

(2) “Superintendent” as used herein means the utilities superintendent of the city. Any act required or authorized to be done in this chapter by the superintendent may be done on his behalf by an authorized officer or employee of the utilities department. (Ord. 21-97 § 1, 1997; Ord. 431 § 2, 1926).

14.04.030 Collection of revenue.

All revenue due the city under this chapter including water rates, interest, penalties and reconnection charges shall be paid to and collected by the city administrator. (Ord. 21-97 § 2, 1997; Ord. 431 § 3, 1926).

14.04.050 Application required.

Any person desiring to connect to the water system shall make application therefor through the department of public works on such forms as are provided by the director. The application must be signed by the applicant and be accompanied by payment for any required charges or fees. The application is merely a written request for service and does not obligate the city to provide service. (Ord. 05-04 § 2, 2004; Ord. 431 § 5, 1926).

14.04.055 Connection – Application – Contents.

(1) Each premises shall have separate water service or services as set forth in BMC 14.04.132. Any person desiring water service for any premises shall make application as specified in BMC 14.04.050. The application shall be made on a printed form furnished by the city for that purpose. The application form shall contain the following information:

(a) Name and address of the applicant;

(b) Location and legal description of premises where water service is requested;

(d) Number of living units within the premises to be supplied;

(e) Statement that the applicant agrees to abide by the rules and regulations contained in this chapter and agreements contained in the application;

(f) Signature of owner of premises or his/her duly authorized representative or agent;

(g) Date signed;

(h) Such additional information as the director of public works shall require.

(2) Water service shall be available to individuals who submit valid, complete applications for residential or commercial building permits, mobile or manufactured home siting permits, subdivisions, short subdivisions or binding site plans which have been reviewed and approved for development within the city of Buckley.

(3) Applicants for service outside the corporate limits of the city shall sign an agreement stating that they will not oppose annexation of the area including the premises for which service is being applied.

(4) If public sewer service is not available to the premises for which application for water service is made, approval of the application shall be conditioned upon the applicant obtaining a septic system approval from the Pierce County health department, and no connection shall be made if such septic system permit is not issued.

(5) The application for water service shall contain an agreement requiring the person making the same to pay for the water applied for at the rates and in the manner specified by city ordinances; reserving unto the city the right to charge and collect the rates and to enforce the penalties provided in city ordinances and to change the rates by ordinance at any time; allowing the city to temporarily discontinue the service at any time without notice to the customer, and specifying that such agreement is subject to all the provisions of this chapter and of any ordinance of the city relating to the public water system of the city. The agreement shall provide that the city shall not be held responsible for any damage by water or other cause resulting from defective plumbing or appliances on the premises supplied with water installed by the owner or occupant of such premises, and shall provide that in the event the supply of water shall be interrupted or fail by reason of accident or any other cause whatsoever, the city shall not be liable for damages for such interruptions or failures, nor shall such failures or interruptions for any reasonable period of time be held to constitute a breach of agreement on the part of the city or in any way relieve the customer from performing the obligations of his agreement. The city shall not be held liable for damage to personal property stored in the portion of the street between the curb and the property line, nor to real property in such area, resulting from leakage or the breaking of pipes or appliances maintained by the city within that portion of the street described in this chapter. All agreements contained in the application shall take effect from the date the application is approved by the director of public works. If for any reason the director of public works does not approve the application, he shall explain the reason for disapproval in writing at the request of the applicant, and no conditions or agreements shall be in effect. If he disapproves the application, the applicant may request the city administrator to review the application and reasons for disapproval. The city administrator may, in his discretion, approve, reverse or revise the decision of the director of public works. Service charges shall be in effect as long as the water service is in an active status. In order to avoid service charges, a temporary turnoff must be made; provided, however, cessation of service for a period exceeding two months must be anticipated. (Ord. 05-04 § 3, 2004).

14.04.060 Additional fixtures.

It is unlawful for any person whose premises are supplied with city water to furnish water to additional families or premises or fixtures unless they first make application to do so in writing to the superintendent upon a printed form furnished for that purpose.

Any person violating the provisions of this section may be charged at double the rate for the time of such violation, and the service may be shut off by the superintendent. The water shall not be turned on again until all delinquent water rates and a reconnection fee of $20.00 shall be paid in full to the city administrator. (Ord. 21-97 § 4, 1997; Ord. 431 § 6, 1926).

14.04.070 Plumbers.

It is unlawful for any plumber or other person to make any connections with any service main, or branch pipe thereof, or make any repairs, additions or alterations of any stop or waste pipe, water closet, or any other fixtures connected with or designated to be connected with the city water system, unless he files a full, true and correct written report of all such connections, repairs, alterations and fixtures in the office of the city clerk within 24 hours after such work is completed. All plumbers and other persons affected by this section shall leave the curb cock shut off on all premises which are newly connected, and on all other premises the curb cock shall be left in the condition in which it was found. (Ord. 06-15 § 24, 2015; Ord. 431 § 7, 1926).

14.04.080 Connections.

The city waterline connection charge shall be established by resolution of the city council. (Ord. 13-08 § 9, 2008; Ord. 23-94 § 1, 1994; Ord. 5-92 § 1, 1992; Ord. 921 § 1, 1976; Ord. 889 §§ 2, 3, 1975; Ord. 630 § 1, 1959; Ord. 593 §§ 2, 3, 5, 1954; Ord. 431 § 8, 1926).

14.04.090 Meter placement.

(1) The city council has the right to place meters on any class of water consumers or on all consumers inside the city limits, and such service meters up to and including the size of three-fourths inch when for permanent use will be placed free of cost.

(2) Meters shall be placed on all water connections outside of the city limits. Meters placed outside of the city limits shall be paid for by the applicant or water consumer at the actual cost for the meters to the city.

(3) The charge for each such meter shall be paid by the applicant prior to the time of the installation of the service involved. (Ord. 593 § 6, 1954; Ord. 431 § 9, 1926).

14.04.100 Ownership of meters.

All meters supplied by the city at the expense of the water department shall be and remain the property of the city and be removed whenever the water department decides to do so. All meters installed at the expense of the applicant shall be and remain the property of such applicant; provided, that all meters are under the control of the water department while in use; and provided further, that meters which are the property of applicants may be, when such applicants desire to discontinue the use of water, purchased by the water department subject to an annual depreciation value of such percent as may be fixed by the council. (Ord. 431 § 10, 1926).

14.04.110 Sale of surplus water.

The city council has the right to dispose of any water remaining after the needs of the inhabitants of the city have been supplied by selling such surplus to any person outside of the city limits; provided, that in case of shortage of water, the council reserves the right to discontinue the sale of water outside of the city limits and to shut off all connections supplying water for such use. (Ord. 431 § 11, 1926).

14.04.120 Charges made against owner.

All water rates and charges made against each water tap shall be charged to the owner of the property to which the water is furnished, and shall be paid by such owner in one account. (Ord. 477 § 1, 1932; Ord. 431 § 11a, 1926).

14.04.130 Rates designated.

(1) Water rates and charges shall be listed within the fees, fines and rate schedule established by resolution of the city council.

(2) Fifteen percent of revenues from water rates shall be deposited into a capital improvement fund which may be appropriated from time to time for replacement of capital facilities or construction of new capital facilities. (Ord. 13-08 § 10, 2008; Ord. 01-08 § 1, 2008; Ord. 20-06 § 1, 2006; Ord. 25-05 § 1, 2005; Ord. 10-03 § 1, 2003; Ord. 07-02 § 1, 2002; Ord. 15-01 § 1, 2001; Ord. 17-00 § 1, 2000; Ord. 13-00 § 1, 2000; Ord. 29-99 § 1, 1999; Ord. 42-98 § 1, 1998; Ord. 54-97 § 1, 1997; Ord. 24-97 § 1, 1997; Ord. 8-96 § 1, 1996; Ord. 37-95 § 1, 1995; Ord. 17-93 § 1, 1993; Ord. 2-93 § 1, 1993; Ord. 29-92 § 1, 1992; Ord. 1062 §§ 1 – 5, 1983; Ord. 948 § 1, 1978; Ord. 896 §§ 1 – 4, 1976; Ord. 819 § 1, 1971; Ord. 712 § 1, 1965; Ord. 704 § 1, 1965; Ord. 431 §§ 13, 14, 1965).

14.04.132 Individual meter charges.

An individual meter hookup is required for each unit of a duplex or triplex. Any construction having more than three units will be required to have a minimum of one meter hookup. The charge for the meter connection shall be as set forth in BMC 14.04.080. (Ord. 54-97 § 3, 1997; Ord. 24-97 § 3, 1997; Ord. 819 § 3, 1971).

14.04.140 Computing and averaging rates.

Repealed by Ord. 05-09. (Ord. 431 § 15, 1926).

14.04.145 Meter readings – Interpretation – Fractional units.

A meter reading taken by the city shall be read in units of 100 and the charges for such usage will not be levied for any fraction of 100-cubic-foot unit. (Ord. 950 § 1, 1978).

14.04.150 Payment of fees.

(1) Any person desiring to connect to the water system shall make application therefor through the department of public works on such forms as are provided by the director. The application must be signed by the applicant and be accompanied by payment for any required charges or fees. The application is merely a written request for service and does not obligate the city to provide service.

(2) The city administrator is authorized to waive all or any portion of the penalties and interest if the administrator determines that late payment was the result of excusable neglect or extreme hardship. (Ord. 04-19 § 2, 2019; Ord. 15-10 § 2, 2010; Ord. 05-09 § 3, 2009; Ord. 15-04 § 1, 2004; Ord. 26-99 § 4, 1999; Ord. 21-97 § 5, 1997; Ord. 526 § 3, 1943; Ord. 431 § 16, 1926).

14.04.155 Voluntary discontinuance of water service.

Should the owner of any premises desire to discontinue the use of water supplied to any premises, he/she shall give the city notice in writing and pay in full all outstanding water charges on his/her account at the utility department. The water shall then be shut off. The customer should be aware that shutting off the water will not relieve him or her from paying the monthly base charge. Upon proper application/notification and payment of $25.00 turn-on charge, water service shall be turned on again. (Ord. 05-11 § 1, 2011; Ord. 15-04 § 2, 2004).

14.04.160 Delinquent charges – Lien.

All delinquent water rates and all unpaid fees and charges for water shall be a lien against the premises to which the same has been furnished. The lien shall be enforced by cutting off the water, and no change of ownership or occupancy shall affect the application of this section. (Ord. 431 § 17, 1926).

14.04.170 Shutoff for repairs.

The city reserves the right at any time, without notice, to shut off the water supply for repairs, extensions, nonpayment of rates or charges due against the premises, or for any other reason mentioned in this chapter, and the city shall not be responsible for any damage, such as bursting of boilers supplied by direct pressure, the breaking of any pipes or fixtures, stoppages or interruption of water supply, or any other damage resulting from the shutting off of water. (Ord. 431 § 27, 1926).

14.04.180 Off and on orders.

All taps shall be charged with at least the minimum rates from the time the water is turned on until the time that the order to shut off is filed in the office of the city clerk. (Ord. 06-15 § 25, 2015; Ord. 431 § 18, 1926).

14.04.210 Turn on authorization.

When the water has been shut off from any premises in accordance with this chapter, it is unlawful for any person, except an employee of the water department, to turn the water on at the city curb cock, except when authorized so to do by the superintendent. When water is unlawfully turned on, the superintendent may shut off the water at the main, or remove a portion of the service connection in the street and all costs for so doing and reinstating the water supply shall be a charge against the premises. (Ord. 431 § 21, 1926).

14.04.250 Hydrants and valves.

It is unlawful for any person, except when duly authorized by the superintendent or who is a member of the fire department, to open, operate, close, turn on, turn off, interfere with, attach any pipe, hose or make connection with, or to take any water from any fire hydrant, stop valve or stop cock belonging to the city. (Ord. 431 § 23, 1926).

14.04.280 Waste of water.

It is unlawful for any person to waste or allow water from the city mains to be wasted by imperfect or leaking stops, valves, pipes, closets, faucets, hoses, or other fixtures, or to use water closets without self-closing valves, or to allow any pipes or faucets to turn open or partly open to prevent the service from freezing, or for any other reason, or to allow other persons who are not paying for the water to take any water from any faucet or valve under the control of the occupant of the premises, or to use the water for purposes other than those named in the application upon which rates for water are based. (Ord. 431 § 25, 1926).

14.04.300 Council authority.

The city council may from time to time make such further rules and regulations relating to the water supply system of the city as it may deem necessary, and when such further rules and regulations are duly made and published in the official newspaper of the city, the same shall have the same force and effect as if a part of this chapter. The council shall have the authority to decide any question that may arise which is not fully covered by any of the provisions contained in this chapter, and its decision in such case shall be final. (Ord. 431 § 28, 1926).

14.04.310 Interfering with water system.

It is unlawful for any person, unless duly authorized by the superintendent, to disturb, interfere with, or in any manner injure any reservoir, spring, system, branch and pipes, sources of supply, machinery, tools, meters or any appliances, building or improvement belonging to, connected with or under the control of the municipal water supply system of the city. (Ord. 431 § 29, 1926).

14.04.320 Water system general facilities charge.

For each new connection to the city water system, the city shall charge and collect the reasonable connection charge determined by the city council as necessary, for the property owner shall bear their equitable share of the cost of such system, which charge shall be established by resolution of the city council. Each “equivalent residential unit” means 265 gallons per day; provided, that every use shall be assumed to be at least one equivalent residential use. Gallons per day for any use shall be established by reference to the city of Buckley sewer flow factors – BMC 14.10.016, Table 14.10.016. The general facility charges for the water system identified in this section will be automatically increased each year on January 1st, compared to the prior year, by the percentage reflected in the Seattle ENR Construction Cost Index (CCI).

For individual connections the general facility charge shall be assessed and collected prior to connection to the system. For new development the general facility charge shall be assessed and collected upon application for a building permit pursuant to BMC 3.50.035. (Ord. 07-22 § 1, 2022; Ord. 13-08 § 11, 2008; Ord. 26-06 § 1, 2006; Ord. 24-98 § 4, 1998).

14.04.325 General facility charge exemptions.

The city council may consider awarding a property owner/applicant a partial or full exemption/credit from the water system general facility charge for the value of the construction of off-site, nonfrontage, water system facilities; provided, that the facilities are identified in the list of projects used to determine the impact fee. (Ord. 08-19 § 1, 2019).

For the statutory provisions that all cities shall have power to provide for the water supply thereof, and to establish, construct and maintain a system of water supply within or without the corporate limits, and to control, regulate and manage the same, see RCW 35.21.210 and 35.27.370(3); for provisions regarding the authority of fourth-class cities to establish, construct and maintain drains and sewers and to compel all property owners on streets along which sewers are constructed to make proper connections therewith and to use the same for proper purposes, see RCW 35.27.370(5); for provisions regarding the management of a municipal water and sewage system, see Chapters 35.67, 35.91 and 35.92 RCW.