Chapter 13.04
WATER SYSTEM POLICY
Sections:
13.04.050 Replacement cost responsibility.
13.04.060 Initial connection cost.
13.04.070 New installations inside city.
13.04.080 Installation through undeveloped area.
13.04.090 Delayed benefit charge.
13.04.100 New installations outside city.
13.04.010 Purpose.
To ensure the orderly growth of the water system of the city, and to create consistent standards to water infrastructure installed within the water service area. (Ord. 2124 § 1 (Exh. A), 2024)
13.04.020 Intent.
It is the express intent of the city council that the water department shall be a self-supporting utility operated without drawing upon the general funds of the city. (Ord. 2124 § 1 (Exh. A), 2024)
13.04.030 Definitions.
Whenever the following terms are used in this chapter they shall be construed to mean as follows:
“Latecomer agreement” is an agreement between the city and a real property owner for the construction or improvement of water facilities that the owner elects to install at the owner’s expense, subject to RCW 35.91.020, as it exists or as hereafter amended.
“Latecomer fee” means a charge collected by the city for providing access to the water system against a real property owner who connects or uses the water system subject to a latecomer agreement.
“Main” means water lines constructed of cast iron, or an equivalent material, designed or used in the water system to serve more than one premises.
“Owner/operator” means the person or persons with an ownership interest in the subject premises or any person or persons controlled by or affiliated with the owner responsible for operating the premises served by a water service connection. Except as specifically set forth herein, the owner/operator shall not include a tenant or other occupant of the premises that is not controlled by or affiliated with the true owner of the premises receiving water service.
“Premises” means a residence, building, lot, parcel, apartment complex, condominium, trailer court, hotel/motel, office, multifamily residence, garage, shop, structure, mobile or manufactured home park, group of adjacent buildings, or other property utilized by or under an owner/operator with respect to use or supply of water and responsibility for payment therefor.
“Standard commercial water mains” means mains that measure a minimum of six inches in diameter.
“Standard construction costs” means the cost of the pipe for either the standard residential water mains or standard commercial water mains, whichever is to be installed, plus the total cost of all tees and junctions and the total cost of all installation and incidental work necessary to place the water pipe in service regardless of its size, excepting, however, the cost of fire hydrants and extensions thereto which shall be paid out of the revenues of the water department.
“Standard residential water mains” means mains that measure a minimum of six inches in diameter.
“Water design construction standards” means the city’s water system design standards.
“Water system” means that water and the water system in which it is carried from the city’s water supply source in the water system area.
“Water system area” means area of city limits and urban growth area (UGA) that the city serves or will serve water utility to. (Ord. 2124 § 1 (Exh. A), 2024)
13.04.040 Specifications.
All specifications for extensions, expansions, additions, betterments and replacements to the existing water system shall be determined by the water design construction standards. The water superintendent shall be allowed to deviate from applicable standards on a case-by-case basis if extenuating circumstances are present. Any deviation, as determined by the water superintendent, shall be communicated in writing. (Ord. 2124 § 1 (Exh. A), 2024)
13.04.050 Replacement cost responsibility.
Whenever any main for water service, now or hereafter installed, requires replacement due to obsolescence, inadequacy, or deterioration, the cost of the replacement shall be paid for out of the revenues of the water department; however, any property abutting on any such main which has never been connected, or which has not previously been assessed, shall be required to connect and pay the appropriate costs to connect as set forth in the current fee schedule. If the property has, prior to the effective date of the ordinance codified in this chapter, been connected to the water system and has been paying the established water rates, the property shall be exempt from the provisions of this section. (Ord. 2124 § 1 (Exh. A), 2024)
13.04.060 Initial connection cost.
If there is an established latecomer agreement or local improvement district where a water connection has been requested, these fees will need to be paid prior to connection. If there has been any land division from an original parcel named as responsible, the property owner of the new parcels will be responsible for the proportional payment. (Ord. 2124 § 1 (Exh. A), 2024)
13.04.070 New installations inside city.
Whenever any area or areas within the city which are not now served by the water system requests such service, the person or persons making the request shall provide for the payment of the standard construction costs by means of local improvement districts in the manner provided by law or by direct installation in compliance with the specifications of the water design construction standards and under the supervision of the water superintendent. In the event the city requires the installation of mains in excess of those defined in the water design construction standards, the actual additional cost of the main in excess of the standard size shall be paid for out of the revenues of the water system. (Ord. 2124 § 1 (Exh. A), 2024)
13.04.080 Installation through undeveloped area.
Whenever the services of the water system are required to be extended through an undeveloped area within the city, in order to provide such service to a newly developed area and where in the opinion of the city council it is not feasible to finance the improvement by the formation of a local improvement district in the manner provided by law to pay the standard construction costs as defined in NMC 13.04.030, the property in the undeveloped area directly abutting on the water service extension shall be subject to a delayed benefit charge, which shall be paid by the owner or owners of the abutting property within the undeveloped area at the time they request such service and prior to their receiving it. The amount of the delayed benefit charge shall be the property’s proportionate share of the standard construction costs based on the front foot method of assessment as determined from the books and records of the city which paid for the total original cost of the installation. The delayed benefit charge shall be in addition to any and all connection charges provided for the service by other ordinances of the city; provided, however, the payment of any such delayed benefit charge shall exempt the property for which the payment was made from any subsequent local improvement district assessment for water facilities of any nature. (Ord. 2124 § 1 (Exh. A), 2024)
13.04.090 Delayed benefit charge.
Whenever provision is made throughout this chapter for the payment by any property owner of a delayed benefit charge, the delayed benefit charge may be paid in cash or in annual installments over a five-year period from date of connection. If any such property owner elects to make payments on the annual basis, he/she shall execute a contract in such form as shall be prescribed by the city attorney, which contract shall contain the provision that any unpaid balance may be paid in full on the date of any annual payment and the further provision that interest shall be paid on the deferred balances at the rate of five percent per year. The contracts shall be made a covenant running with the land and shall provide that the unpaid balances shall be a lien upon the property to which the connection is made, superior to all other liens and encumbrances except those for general taxes and special assessments, which may be foreclosed in the same manner provided by law for the foreclosure of delinquent local improvement district liens. The contract shall be recorded in the office of the county auditor at the expense of the property owner, and upon payment in full a release of the lien shall be executed by the mayor and attested by the city clerk/treasurer. The contract shall further provide that in the event of delinquency in the payment of any installment thereunder the water superintendent, or his employees, may disconnect the city’s water service from and refuse to supply water for the premises in default until the delinquent payments are paid in full, this remedy to be concurrent with and in addition to the city’s right to foreclose the lien as provided in this section. (Ord. 2124 § 1 (Exh. A), 2024)
13.04.100 New installations outside city.
Whenever water service is requested by any person or persons residing outside the corporate limits of the city, and within the state, the following provisions shall apply:
A. An assessment of the current water rights and demand will be done by city staff or consultants to show adequate water supply for residents within city limits can be maintained.
B. Only areas within the current urban growth area of the city will be considered to be serviced.
C. All rates for water furnished outside the limits of the city shall be uniform.
D. Any person desiring water service outside the city limits shall pay the applicable connection charge as established by ordinance or resolution.
E. Any person developing property outside the city limits and desiring city water service shall pay the total cost of all mains to be installed within the area being developed, including all costs of installation. All requirements of the water design construction standards shall be met.
F. That cost of all reservoirs, storage tanks, pumps, pumping stations and incidental piping for such reservoirs or storage tanks to the area to be served shall be paid for by the person requesting such service, based on the estimated cost, as determined by the city engineer, prior to the installation of the service; provided, however, that the cost to be paid by the person shall not exceed that proportion of the total costs of the facilities which the newly developed area bears to the total area which may be served by the facilities. The person requesting the facilities and paying the cost thereof may enter into a latecomer agreement identifying which parcels will be assessed and the appropriate costs using the front foot method.
G. The delayed benefit charges as provided in the preceding sections of this chapter shall apply equally to areas beyond the limits of the city; provided, however, the total cost of the delayed benefit charges shall be paid prior to allowing any person beyond the limits of the city to connect to the water utility service. (Ord. 2124 § 1 (Exh. A), 2024)