Chapter 12.15 WATER SYSTEM*

All rates and charges for furnishing water service shall be based on the total monthly water consumption, measured in cubic feet. [Ord. 425 § 2, 1976.]

12.15.030 Monthly rates and service charges.

All rates and charges for furnishing water service shall be made on a monthly basis. The total monthly charge shall consist of a meter charge plus a volume charge.

(1) Minimum Monthly Meter Charges. The monthly charge for the three-quarter-inch meter size shall be the “base” charge. Increases in the base charge after calendar year 2024 shall not exceed eight percent in any year regardless of the actual CPI. Charges for meters larger than three-quarter-inch shall be multiples of the “base” charge, as follows:

Meter Size	Monthly Base Charge	Effective
3/4" or smaller (base)	$46.82	1/1/2024
	2024 Base + (5% + CPI)	1/1/2025
	2025 Base + (5% + CPI)	1/1/2026
1"	2 x base	1/1/2024
1-1/2"	3 x base	1/1/2024
2"	5 x base	1/1/2024
3"	12 x base	1/1/2024
4"	25 x base	1/1/2024
6"	By negotiation	1/1/2024

(2) Volume Charge. Increases in the volume charge after calendar year 2024 shall not exceed eight percent in any year regardless of the actual CPI.

Water Volume Rate Schedule
Description	Rate	Effective
Volume Charge per CF	$0.0683	1/1/2024
	2024 rate + (5% + CPI)	1/1/2025
	2025 rate + (5% + CPI)	1/1/2026

(3) Charges for shut-off and turn-on services for existing meters to be $75.00 for all services.

(4) Water Service New Installation Charges. These charges are for the materials, labor and equipment to set a new meter and do not include the applicable general facilities charge set forth in LCMC 12.15.140.

Service Size	Charge
3/4"	$3,360.00
1"	$3,590.00
1-1/2"	$6,855.00
2"	$7,010.00
Larger than 2"	Actual cost for materials, labor, and equipment plus a 15 percent administrative charge.

(5) Wholesale Water Charges. Sale of water to another water system shall be charged per the terms of the applicable agreement as approved by the town council. [Ord. 1238 § 3, 2023; Ord. 1223 § 2, 2023; Ord. 1220 § 2, 2022; Ord. 1206 § 1, 2021; Ord. 1182 § 2, 2019; Ord. 1149 § 2, 2017; Ord. 1136 § 2, 2016; Ord. 1114 § 2, 2014; Ord. 1103 § 2, 2013; Ord. 1095 § 2, 2013; Ord. 1056 § 3, 2010; Ord. 1021 § 11, 2009; Ord. 990 § 2, 2007; Ord. 733 § 1, 1998; Ord. 663, 1995; Ord. 540 § 1, 1986; Ord. 445 § 1, 1978; Ord. 425 § 3, 1976.]

12.15.035 Interim base water rate increase.

Repealed by Ord. 1021. [Ord. 820 §§ 1 – 3, 2001.]

12.15.040 Mandatory connection.

It is necessary for the protection of the health of the people of La Conner that all owners of property situated in the town which can be served by the town water system be, and they are, required and shall be compelled to connect to the town water system, and it shall be unlawful for any property owner to fail or refuse to make such connection. [Ord. 425 § 4, 1976.]

12.15.045 Inflation adjustment of rates.

The town shall periodically review and establish rates for each calendar year. For any year that the town has not established rates, the rates listed under LCMC 12.15.030(1) and (2) shall be automatically adjusted annually by an amount equal to the Consumer Price Index (CPI-U Seattle). Such adjustment shall commence as of April 1st of each year (for water usage in March) based on the prior year CPI index ended December 31st. [Ord. 1021 § 13, 2009; Ord. 733 § 3, 1998.]

12.15.050 Billing.

Property owners are responsible for notifying the utilities clerk in writing when there is a change of tenants. In any event, the property owner is responsible for all delinquent accounts if the tenant fails to pay the amount due. [Ord. 803, 2001; Ord. 425 § 5, 1976.]

12.15.055 Senior citizen discount.

Upon presentation of the Skagit County assessor form so stating, senior citizens who participate in the property tax exemption program will not be charged the minimum monthly service charge (base charge) set forth in LCMC 12.15.030(1). [Ord. 1021 § 14, 2009; Ord. 733 § 4, 1998.]

12.15.060 Resolution of council.

Regulations for the manner, time and place of payment of all rates and charges under this chapter shall be provided by resolution of the town council. [Ord. 425 § 6, 1976.]

12.15.070 Delinquency.

All delinquent rates and charges under this chapter shall bear interest at the rate of eight percent per annum from the date of delinquency. Delinquency shall be determined as 45 days from date of billing.

(1) If the delinquent account remains unpaid for a period of 60 days from date of billing, then the public works director, at the direction of the administrator, shall shut off and padlock the water meter serving the premises. The public works director shall post on the door of the premises, 24 hours prior to shutting off service, a notice demanding payment be made at Town Hall of the total account balance, including accrued interest. The reconnection fee shall be $75.00. Reconnection may be made by town staff Monday through Friday, excluding holidays, from 8:00 a.m. to 2:30 p.m.

(2) A fee will be charged for returned checks in accordance with LCMC 3.60.003. The amount of the nonsufficient funds check plus the fee must be paid by cash or cashier’s check. If the returned check was received as the result of a 24-hour disconnect notice, the payer will be notified that service will be disconnected if payment is not received by 2:30 p.m. that day. If a disconnect notice was not issued the payer will have three days from the time of notice to pay in full or water service will be disconnected.

(3) Leaks. The detection and repair of any leak downstream (owner side) of the water meter is the responsibility of the property owner or tenant, as applicable. When a leak is detected by the property owner or tenant, the public works director must be notified and verify the leak. An owner or tenant desiring a billing adjustment must make a written request to the finance director requesting an adjustment. Adjustments may be made to billings for sanitary sewer services only, subject to the following criteria:

(a) No bill shall be adjusted unless it exceeds the prior four months’ average billings by 100 percent or more.

(b) Billings will be not adjusted for more than three months prior to verification of the leak by the public works director.

(c) No adjustment shall be made for leaks downstream (owner side) of the water meter, unless it is determined that the leak did not contribute to the sanitary sewer system.

(d) No adjustment for future sewage system use shall be allowed after a leak has been verified by the public works director.

Upon approval by the finance director, the customer shall be charged the four-month average billing for water and sewer (exclusive of the drainage fee), plus 30 percent of the difference between the four-month average billing for water and the amount billed for water (no additional amount for sewer).

An aggrieved property owner or tenant may appeal the finance director’s decision to the town council for review and final action.

(4) Disputed Meter Accuracy. If a property owner or tenant believes that the water meter is not working properly, then the property owner/tenant shall notify the administrator in writing and request that the meter be removed and checked. The public works director, at the direction of the administrator, shall remove the meter and have it tested. If the meter is found to be working properly, the property owner/tenant shall be billed for the actual cost of removal and testing.

(5) Notwithstanding any provision to the contrary, the provisions of subsection (1) of this section shall be suspended during such time that a public emergency has been declared to exist by the governor of the state of Washington, and a proclamation issued that would prevent that subsection, or any actions taken pursuant to that subsection, from being effectuated. In particular, no residential customer shall be disconnected and no late fees or other charges shall be imposed if prohibited by a proclamation or similar order issued by the governor of the state of Washington.

(6) Pursuant to Washington State Constitution Article VIII, Section 7, and RCW 35.92.020, the finance director is authorized to establish a repayment agreement with any low-income customer for the repayment of past due water accounts. For the purposes of this section, a “low-income customer” is defined as an individual who qualifies for a property tax exemption in accordance with RCW 84.36.383 et seq., or who is enrolled in the Supplemental Nutrition Assistance Program as maintained by the Washington State Department of Social and Health Services. Such repayment plans shall not require monthly payments in excess of six percent of the customer’s monthly income.

(7) Notwithstanding any provision of this section to the contrary, no disconnection of a residential user shall occur during a qualifying heat-related event. For the purpose of this section, a “qualifying heat-related event” is any specific day (or a period of days) for which the National Weather Service (NWS) has issued or has announced that it intends to issue a heat-related alert – including by example an excessive heat warning, a heat advisory, an excessive heat watch, or a similar alert – for the geographic area including the town of La Conner. In the event a residential user has already been disconnected for nonpayment when a heat-related alert is issued, the town shall make a reasonable attempt to reconnect a residential user at no charge at the customer’s request, and disconnect the user again when the heat-related event concludes. Any disconnection notice must contain clear and specific information about how the user may make such a request, including instruction on how to contact the town of La Conner. [Ord. 1229 § 1, 2023; Ord. 1190 § 1, 2020; Ord. 1021 § 15, 2009; Ord. 859 §§ 1, 2, 2002; Ord. 803, 2001; Ord. 425 § 7, 1976.]

12.15.080 Lien – Foreclosure.

The town of La Conner shall have a lien against the property to which water service has been furnished for the delinquent and unpaid rates in the amount allowed by law and foreclosable as allowed by law. [Ord. 825 § 1, 2001; Ord. 425 § 8, 1976.]

12.15.090 Multiple connections.

It shall be unlawful for any person or enterprise to make multiple connections from one water service to furnish water to more than one residence or enterprise without first receiving permission to do so from the superintendent of the water works. [Ord. 425 § 9, 1976.]

12.15.100 Police power.

This article is hereby declared to be an exercise of the police power of the town of La Conner and is enacted under such police power. [Ord. 425 § 10, 1976.]

12.15.110 Violation – Civil penalty.

Any person violating any provision of this chapter requiring connection with or use of the water service of the town of La Conner shall be guilty of a civil infraction and subject to a civil penalty as set forth and established in Chapter 1.15 LCMC. [Ord. 839 § 26, 2001; Ord. 425 § 11, 1976.]

Article II. Water General Facilities Charges

12.15.140 Charges.

The following water general facilities charge shall apply for any new connection to the water system of the town of La Conner:

Charge per RCE $1,010

The factors used to determine the RCE (residential customer equivalent) shall be the same as for sewer charges. These factors can be found at LCMC 12.10.010. [Ord. 733 § 2, 1998; Ord. 612 § 1, 1992.]

12.15.150 Refunds.

There shall be no refunds of general facilities charges for termination or reduction of service. [Ord. 612 § 2, 1992.]

12.15.160 Requirements.

The imposition of the general facilities charge does not alter or diminish any requirements of an applicant for new or expanded service to provide or expand local facilities necessary to connect to the existing water system, determined in accordance with standard town policy. [Ord. 612 § 3, 1992.]

12.15.170 Effective.

The general facilities charge shall be effective for all new water connections or service expansions installed after June 23, 1992. [Ord. 612 § 4, 1992.]

12.15.180 Funds.

The funds derived as system development fees shall be accounted for on the town books as, and expended solely for, water system development and/or improvements. [Ord. 612 § 5, 1992.]

Article III. Seasonal Connections for Agricultural Uses

12.15.200 Purpose.

The purpose of this chapter is to establish regulations for the connections for agricultural irrigation within the town’s designated water service area. [Ord. 1108, 2013; Ord. 818, 2001.]

12.15.210 Application – Policy.

(1) Hydrant Meters.

(a) Application for temporary connection to a hydrant meter shall be made in writing to and on forms specified by the town’s public works director. The public works director shall approve a temporary connection only when he or she concludes that the demand placed on the existing system by the requested connection will not diminish the supply of water to adequately meet existing and anticipated demand, or exceed the town’s annual water allocation from the city of Anacortes. The public works director shall, in the event an impact to existing service occurs due to an approved connection, immediately revoke the temporary service.

(b) Each approved connection to a hydrant meter shall be subject to intermittent review for compliance every two weeks (14 days).

(c) Each recipient of water from a temporary connection to a hydrant meter shall be charged a $167.12 monthly base fee and a usage water rate of $1.61 per 100 cubic feet of water or portion thereof.

(d) The public works director may apply conditions to the approval of a temporary connection for agricultural irrigation as are reasonably necessary.

(2) Permanent Seasonal Meters.

(a) Application for permanent seasonal meter connection shall be made in writing to and on forms specified by the town’s public works director. The public works director shall approve the connection only when he or she concludes that the demand placed on the existing system by the requested connection will not diminish the supply of water to adequately meet existing and anticipated demand, or exceed the town’s annual water allocation from the city of Anacortes. The public works director shall, in the event an impact to existing service occurs due to an approved connection, immediately revoke the temporary service.

(b) Each recipient of water from a permanent seasonal meter connection shall be charged a $167.12 monthly base fee (during seasonal use) for a three-inch meter and a usage water rate of $1.61 per 100 cubic feet of water or portion thereof.

(c) The public works director may apply conditions to the approval of a seasonal agricultural irrigation connection as are reasonably necessary. [Ord. 1115 § 1, 2014; Ord. 1108, 2013; Ord. 818, 2001.]