Chapter 8.38
WATER SYSTEM CODE
Sections:
8.38.030 Service connections and charges.
8.38.040 Turn ons and turn offs.
8.38.070 Mains and main extensions.
8.38.080 Latecomer agreements.
8.38.010 Definitions.
A. Interpretation of Definitions. For the purpose of this chapter the following words or phrases have the meaning set forth herein, unless context indicates otherwise.
“City council” or “council” means the city council of the city of Rock Island.
“Clerk-treasurer” means the city clerk-treasurer of the city of Rock Island.
“Cost of construction” means those costs incurred, including but not limited to costs for design, engineering, acquisition of right-of-way and/or easements, construction, materials, installation and contract administration required in order to create an improvement which complies with city standards. Until such time as Chapter 35.91 RCW is amended to expressly authorize inclusion of interest charges or other financing costs, such expenses shall not be included in the calculation of construction costs. In the event of a disagreement between the city and the applicant concerning the cost of the improvement, the city clerk-treasurer’s determination shall be final.
“Cross-connection” means cross-connection as defined in Chapter 8.30 RIMC.
“Customer” means all persons obtaining water service from the water supply system of the city of Rock Island.
“Department” means the public works department of the city of Rock Island.
“Director” means the public works maintenance supervisor of the city of Rock Island.
“Industrial services” means the water service connections to a business enterprise engaged in the manufacture of products, materials, equipment, machinery and supplies on a substantial or major scale.
“Latecomer agreement” means a written contract between the city and one or more property owners providing for construction of water facilities and for partial reimbursement to the party causing such improvements to be made of a portion of the costs of such improvements, as more specifically described in Chapter 35.91 RCW, as the same now exists or as it may hereafter be amended.
“Main” means a water line designed or used to serve more than one premises.
“Multiple dwelling units” means duplexes, apartment buildings, condominiums, mobile home parks and trailer courts.
“Permanent main” means a main of PVC, cast iron, asbestos-cement or other materials as approved by the public works superintendent which are constructed to Uniform Plumbing Code Standards as adopted in Chapter 15.02 RIMC, as now exist or as may be hereafter amended.
“Person” means natural persons of either sex, and associations, partnerships and corporations, whether acting by themselves or by a servant, agent or employee.
“Premises” means a private home, building, apartment house, condominium, trailer court, mobile home park, a group of adjacent buildings or property utilized under one ownership and under a single control with respect to use of water and responsibility for payment therefor.
“Residential service” means a water service connection to a single-family dwelling unit.
“Service installation,” “service connection,” or “connection” means all piping and fittings from the main to the property owner’s side of the water meter assembly.
“System” means all water source and supply facilities, transmission pipelines, and storage facilities, pumping plants, distribution mains and appurtenances, and materials storage facilities.
“Temporary main” means mains which do not conform to city standards with respect to size, location, type of material and/or method of installation.
“Water facilities” means improvements and shall have the meaning specified in RCW 35.91.020 as the same exists now or may hereafter be amended.
“Water service area” means that area consisting of the corporate limits of the city of Rock Island and those areas that have been or may be designated for water service by the city council. (Ord. 04-071 § 1).
8.38.020 General provisions.
A. Purpose. The purpose of this chapter is to establish fees for service, and general rules and regulations for the service and extension of service from the water system of the city of Rock Island; and to promote the public health, safety, and general welfare of the users of the water system, in accordance with standards established by the city, county, state and federal governments.
B. Applicability. The provisions of this chapter shall apply to all water services provided by and to all work performed by the department.
C. Exclusive Water Provider. The city of Rock Island shall be the exclusive provider of water within the city limits.
D. Inspection.
1. Authorized employees of the city, properly identified, shall have access, at reasonable hours of the day, to all parts of a premises to which water is supplied by the city, for the purpose of assuring conformity to these regulations.
2. Whenever the owner of any premises to which water is supplied by the department restrains authorized city employees from making such necessary inspections, water service may be refused or discontinued.
E. Unlawful Acts Defined.
1. Any person causing damage to any property belonging to the city shall be liable to the city for any and all damages resulting either directly or indirectly therefrom including costs and attorneys’ fees.
2. It shall be unlawful for any person to willfully disturb, break, deface, damage or trespass upon any property belonging to or connected with the water system of the city of Rock Island, in any manner whatsoever.
3. It shall be unlawful for any person to store, maintain or keep any goods, merchandise, materials or rubbish within a distance of five feet of or to interfere with the access or operation of any water meter, gate valve, fire hydrant, or other appurtenance in use on any water service connection, water main, or fire protection service.
F. Hydrants – Authorized Use. It shall be unlawful for any person, other than authorized employees of the fire and public works departments of the city, to operate fire hydrants and hose outlets, unless proper arrangements have been made for payment thereof and permission has been granted by the department.
G. Emergency Interruption of Service.
1. In case of emergency, or whenever the public health, safety, or the equitable distribution of water so demands, the director may authorize the department to change, reduce or limit the time for or temporarily discontinue the use of water. Water service may be temporarily interrupted for purposes of making repairs, extension or doing other necessary work. The city reserves the right to shut off the water without notice in the case of an emergency.
2. Except as set forth in subsection (G)(1) of this section, before so changing, reducing, limiting or interrupting the use of water, the department shall notify, insofar as practicable, all water consumers affected. For the purposes of this section, notice may be given by local radio broadcast, printed in the city’s official newspaper, mailed or served in writing.
3. The city shall not be responsible for any damages resulting from interruption, change or failure of the water supply system.
H. Cross-Connections – Regulations. Cross-connection regulations are set forth in Chapter 8.30 RIMC, as the same exists now or may hereafter be amended. To the extent any conflict exists between the provisions of this chapter and the provisions of Chapter 8.30 RIMC, the more stringent applicable provisions shall apply.
I. City Not Liable for Damages. The city shall not be liable for damages, including costs and attorneys’ fees, nor will allowances be made for loss of production, sales or service, in case of water pressure variations, or in case the operation of the city’s source of water supply or means of distribution fails or is curtailed, suspended, interrupted or interfered with, for any reason. Such pressure variation, failure, curtailment, suspension, interruption or interference shall not be held to constitute a breach of contract on the part of the city, or in any way affect any liability for payment for water made available or for money due on or before the date of such occurrence.
J. Discontinuance of Service.
1. The city may discontinue service by reason of a failure to pay a bill for service or the failure to comply with the terms of this chapter, in accordance with the procedures established pursuant to RCW 35.21.290 and 35.21.300, as now exist or as may be hereafter amended.
2. Service to any premises upon which a private water supply system is used or operated contrary to the provisions of this chapter may be discontinued or refused.
K. Administration.
1. The director and the city clerk-treasurer may make such administrative determinations for the proper operation of this chapter as are not inconsistent with its provisions.
2. The director shall establish and enforce such customer service policies and related additional rules as may be deemed necessary from time to time to encourage and facilitate the use of water, pursuant to city council ordinances and resolutions approving the same.
L. Violations – Penalty. Any person who violates any of the provisions of this chapter shall be guilty of a civil infraction, and shall be subject to a monetary penalty of up to $500.00. Each day of a continuing violation shall subject the person to a separate fine of up to $500.00 per day. (Ord. 04-071 § 1).
8.38.030 Service connections and charges.
A. Application for Service.
1. An application shall be made for all service connections, for the use of fire hydrants, and for work to be performed by the department. Such application shall be on forms provided by the department.
2. An application shall be accompanied by all fees required by this chapter.
3. The application shall provide all information required by this chapter and Chapter 8.30 RIMC, as well as all other information determined by the director to be necessary for consideration and action upon the application.
4. The application, when approved by the director or city clerk-treasurer, shall constitute an agreement whereby the applicant agrees to conform to the provisions of this chapter, as now enacted or hereafter amended.
5. A change of use of the served premises shall require a new application for service as set forth in subsections (B)(8) and (9) of this section.
B. Conditions Applicable to All Water Service Connections.
1. No application shall be accepted or approved without being accompanied by a current valid building permit for the premises to which water service is requested.
2. All service connections shall be metered.
3. Except as provided below within this subsection (B)(3), each served premises must have a separate connection to a main, unless otherwise approved by the city council when impossible or impractical and as recommended by the director. Two lots located immediately adjacent to one another and fronting the same right-of-way where the water main is located may be served by a single service connection to a shared water meter box located on the common property boundary between the two lots. In these instances, the single service connection to the water main shall be split in a manner approved by the director so that each lot is served by a separate water meter located in the shared water meter box.
4. Except as permitted in subsection (B)(3) of this section, water will not be provided to more than one customer or dwelling through a single service connection, and separate service applications are required for each dwelling. When two customers are being served by a single service connection on the effective date of city Ordinance 04-071, the director may require the installation of a new service, when necessary, for efficient operation of the system, at the cost of the customer.
5. When the premises for which service is sought does not abut a main with sufficient pressure and capacity to provide the required flow at the property line, the application for service shall be rejected, unless a private booster pump is installed at the customer’s expense.
6. No application for water service shall be accepted or approved for locations outside of the city water service area.
7. The furnishing of water by a customer to premises other than that serviced by the customer’s service is prohibited, except as may be approved by the director and except during emergencies; provided, that emergency service cannot continue for more than 30 days and an application for emergency service shall be made to the department within 48 hours of the onset of the emergency.
8. A request for a change in the size of service connection shall be treated as a request for a new service installation.
9. A change of use of the served premises will require a new service connection, unless the existing service is adequate for the changed use, as determined by the director.
C. Conditions Applicable to All Connections.
1. All water service connections shall be made by the department.
2. The cost of such connections shall be paid by the customer at the time of application.
3. The fees established by this chapter are for the water service connection only. Where special conditions exist, including but not limited to the inability to bury service lines, the actual cost of installation shall be charged to the customer in addition to any engineering and administrative fees and water service connection fees and such charges shall be a lien upon the premises and property served.
4. When buildings are replaced by new buildings, the existing water service connection shall not be used if the director determines that such connection is not acceptable. In such instance, the customer shall be required to install a new service connection, in accordance with the terms of this chapter.
D. Service Connection Fees. The fees for new water service connections, including the meter, shall be as established and amended from time to time by city council resolution.
E. Ownership of Permanent Facilities.
1. The ownership of all water mains and service connections in public rights-of-way shall be solely vested in the city.
2. The ownership and responsibility for the maintenance of individual service pipe extensions from the meter to the premises served shall be that of the owner of the premises served and the city shall not be liable for any part thereof.
F. Owner’s Service Piping Specifications.
1. All water service piping leading from the water main to the meter and from the meter to the premises shall be laid not less than 36 inches below the surface of the ground.
2. Water service pipes or any underground water pipes shall not be laid in the same trench with building sewer or drainage piping.
3. Water service pipes, parallel to building sewers or drainage piping, shall be installed pursuant to the most current applicable Uniform Plumbing Code as adopted by the city in Chapter 15.02 RIMC, as now exists or as may be hereafter amended.
4. Shutoff valves of approved full-flow pattern with key or hand wheel shall be installed before any branch connections in the water service pipe leading from the city meter to the building, within the premises served, in accordance with the most current applicable Uniform Plumbing Code as adopted by the city in Chapter 15.02 RIMC, as now exists or as may be hereafter amended. Shutoff valves where buried shall be properly enclosed in a minimum six-inch pipe, or box, of concrete, plastic, or iron with an approved cover, protected from freezing and readily accessible.
5. Valves or customer-owned equipment are not permitted to be installed within the city’s meter box.
6. Service connections and extension pipes laid underground shall be sized in conformance with the applicable provisions of the most current applicable International Building Code as adopted by the city in Chapter 15.02 RIMC, as now exists or as may be hereafter amended.
7. Service connection and extension pipes shall be constructed of standard weight galvanized iron or steel pipe, cast or ductile iron pipe, copper tubing, or nonmetallic material as approved by the director.
8. The department may require any customer to install a pressure reducing valve, backflow preventative device, pressure relief valve or similar device at any location where the director determines a need, to protect the department’s facilities and in accordance with Chapter 8.30 RIMC, as the same exists now or may hereafter be amended.
9. The customer shall provide and install copper tubing type “K,” Schedule 80 PVC, CTS Poly, or such other material as approved by the director as a service line from the meter to the structure to be served.
G. Plumbing Specifications.
1. All persons installing fixtures or appliances to be supplied with water from the city water mains shall be subject to the requirements of the most current applicable Uniform Plumbing Code adopted by the city in Chapter 15.02 RIMC, as now exists or as may be hereafter amended. Persons installing plumbing in new buildings shall leave the valve at the meter in the “off” position upon completion of their work.
2. Persons making additions or repairs to existing plumbing systems shall not operate the valve at the meter.
3. The director shall have the right to refuse water service or discontinue water service in any situation where it is discovered that applicable code sections or federal, state or city standards have not been complied with in making the installations.
H. Lawn Sprinkler Specifications.
1. A lawn sprinkler system connected to a domestic or commercial connection shall be equipped with a vacuum breaker and/or backflow preventer, placed between the sprinkler stop and waste valve and the first sprinkler outlet. The approved vacuum breaker shall be placed at a height as provided in the most current applicable Uniform Plumbing Code adopted by the city in Chapter 15.02 RIMC, as now exists or as may be hereafter amended. The stop and waste valve and vacuum breaker shall be in the sprinkler line after it branches from the water service pipe or the building plumbing.
2. The stop and waste valve for a lawn sprinkler system shall be at the same depth as the water service pipe; however, the lawn sprinkler system proper may be laid to a lesser depth at the option of the owner.
3. Such additional stop and waste valves as are required to properly drain the sprinkler piping shall also be installed.
4. All sprinkler piping shall be inspected by the director or his designee prior to backfilling the trenches.
5. Water service may be refused on existing lawn sprinkler systems which are not equipped with a stop and waste valve and an approved vacuum system.
I. Fire Protection Service.
1. A water service connection to be used solely for fire protection purposes may be installed to service any premises, subject to the provisions of this section.
2. Fire protection systems shall be provided in accordance with the most current applicable International Fire Code adopted by the city in Chapter 15.02 RIMC and in accordance with the National Fire Protection Association Standards, as now exist or as may be hereafter amended.
3. A plan of the proposed required fire protection system showing the general installation detail shall be required and shall be approved by the director and the fire chief prior to construction.
4. Service of more than one premises by a fire protection service shall not be permitted.
5. Fire protection systems shall be installed and maintained by the customer in a manner approved by the director and the system shall contain an approved, tested backflow prevention device.
6. Fire protection systems shall be installed with a detection check meter of a size and type approved by the director.
7. Indications of unauthorized use of water through a detector check meter more than once per calendar year shall be cause for installation of a fire line meter at the expense of the customer.
8. Delinquency in payment of expense for fire protection service or failure of the customer to make changes in meter installation as herein provided, after reasonable notice from the department, shall be sufficient cause for filing a lien on the property and/or discontinuance of the service. (Ord. 16-143 § 1; Ord. 04-071 § 1).
8.38.040 Turn ons and turn offs.
A. Turn On – New Installation. When new water service connections are installed by the department for any premises, the valve at the meter shall be turned to the “off” position and remain off until a “turn on” is applied for and an order shall be issued by the department upon written application therefor by the owner of the premises to be supplied after inspection and approval by the department, and after the director has issued a certificate indicating compliance with all applicable plumbing code provisions.
B. Turn Off – No Charge. After written application or verbal request, any water service will be turned off without charge where such turn off can be accomplished at a time convenient to the department.
C. Special or Emergency Turn On or Turn Off Fees. Whenever a request is made of the department for a special or emergency turn off or turn on or temporary discontinuance of water service to any premises which necessitates immediate action, charges shall be assessed as established by city council resolution and from time to time amended for the following:
1. Emergency/special turn off, turn on during regular working hours.
2. Emergency/special turn off, turn on outside of regular working hours.
D. General Requirement as to Fees.
1. Emergency turn on charges shall not be prorated for services started during a billing period.
2. All unpaid water service charges and penalties against the premises shall be paid at the time of application for turn on and before water is supplied to the premises.
E. Turn On – Unauthorized.
1. It shall be unlawful for any person, except duly authorized employees of the city, to turn on the water supply to the premises after a turn off is made at the meter by the city.
2. A water service to any premises turned on by an unauthorized person, after said water supply has been turned off by the department, may, upon discovery, be disconnected by the city from the water main in the street, and shall not be connected again until all fees due as a result of the disconnecting and reconnecting of such service are paid.
F. Turn On – Liability Disclaimer. The city shall not be liable for any damage, including costs and attorneys’ fees, to persons or property resulting from a properly performed and authorized turn off or turn on of the water service including, but not limited to, situations where water service is left on between a change of customers occupying the premises, at the request of one of the customers, or the water service is disconnected for nonpayment.
G. Disconnection of Service – Condemned Buildings. Whenever a premises supplied with water has been found by the proper authorities to be dangerous to human life and unfit for human habitation, and notice of such finding has been received by the department from said authorities, the director shall cause the water service to such premises to be turned off. Water service to such premises shall not be restored until the customer has secured a release or clearance from the proper authorities. (Ord. 04-071 § 1).
8.38.050 Water meters.
A. Meter Ownership and Installation. All meters installed on water service connections by the department shall be and remain the property of the city and shall be removed only by the department.
B. Meters – Exchange and Reinstallation.
1. Whenever the owner of any premises desires to change the size of a meter an application shall be made to the department, as provided for in RIMC 8.38.030(B)(8), and upon approval, the exchange will be made at the expense of the owner. Whenever the relocation of a permanent main is necessitated, all existing customer meters will be reinstalled and connected to the new or relocated permanent main at no expense to the customer. Any expenses incurred to connect the premises to the newly installed meter shall be borne by the customer.
2. Whenever demand periodically exceeds the rated capacity of a meter to the extent that the meter may be damaged, the department shall notify the owner of this fact. After evaluating the owner’s requirements, the department shall advise what size meter is necessary to give proper service without damage to the meter. The estimate of cost covering such change shall be furnished by the department, upon request by the owner, without charge. If the owner does not make the required deposits for the installation of the larger meter within 30 days after the date of the notice, then the department shall install the proper size meter, charging the total cost to the owner, or the department may discontinue service.
C. Meter – Maintenance and Repair.
1. The department shall maintain and repair all domestic, commercial and industrial service meters and shall replace meters periodically, when necessary, if rendered unserviceable by ordinary use.
2. When replacement or repairs to any meter are made necessary due to the intentional or negligent acts of the owner or occupant of the premises, all expenses of such replacement, including but not limited to engineering fees, costs and attorneys’ fees, shall be borne by the owner or occupant of the premises.
D. Meter Tests and Adjustment of Bill.
1. Upon request from a customer, based upon a complaint that the water bill for any period has been excessive, the department shall have the meter re-read.
2. Should the customer then request that the meter be tested for accuracy, the customer shall make a deposit with the city clerk-treasurer in the amount estimated by the director to pay for the entire cost of a meter test, including engineering fees. The customer shall be notified and permitted to be present when such test is made. If the test discloses an error of more than three percent in favor of the city, the deposit shall be refunded to the customer, a correct registering meter shall be installed, and the customer’s account shall be credited as approved by the director. If the test discloses either no error or an error of three percent or less, the amount deposited shall be retained by the department to cover a portion of the cost of such test. The customer shall pay the city the balance required, if any, to reimburse the city for the entire actual cost for the meter test, including all engineering fees. (Ord. 04-071 § 1).
8.38.060 Water rates.
A. Monthly Rates. The monthly water fees shall be established and amended from time to time by city council resolution.
B. Rates – Temporary Water Use.
1. For billing purposes where two or more premises are served on a single meter, each shall be considered a separate premises for base rate purposes.
2. The use of water for construction purposes shall be allowed, where available, to construct or reconstruct any building or structure or settle trenches or fills. Before commencing such usage, application therefor shall be made to the department and a fee, established by city council resolution, paid. Water used shall be paid for at rates established by city council resolution.
C. Service Charge. Whenever the department responds to a request outside of regular working hours for assistance to investigate a deficiency in water service to any premises and it is determined that the deficiency is the result of improper operation or maintenance of the customer’s plumbing, a charge equal to the actual cost of the call-out shall be charged to the customer.
D. Reading of Water Meters. All water meters will be read monthly, weather permitting. The base rate established by city council resolution will be charged during months the meters cannot be read. Any excess use charges shall be charged the next time the meters can be read.
E. Estimate of Charges upon Failure of Meter. When a meter is determined to be malfunctioning by the director based upon inaccuracies in the meter information, water usage shall be charged for in accordance with the water usage during the previous year for the same months.
F. Discontinuance of Water Services. The city may discontinue or refuse water service to any customer, without notice or hearing, for any of the following reasons:
1. When the customer so requests;
2. When it is determined by the director or his/her designee, fire department or police department that the continuance of water service constitutes a dangerous condition presenting a likely immediate threat to health or safety of persons or to property on or near the customer’s premises.
G. The city may discontinue or refuse water service to any customer, following compliance with the notice and hearing requirements of RIMC 8.46.020, for the following reasons:
1. Nonpayment of utility bills and charges as provided in Chapter 8.46 RIMC.
2. When the customer misrepresents his or her identity or otherwise intentionally provides false information for the purpose of obtaining water services from the city.
H. The city may discontinue or refuse water service to any customer, following notice to the customer and legal owner, for any of the reasons set out in this subsection. The customer shall have the right to a hearing within a reasonable time, not to exceed 10 days.
1. When the customer refuses to grant the department access to equipment installed upon the premises of the customer for the purpose of inspection, meter reading, maintenance and replacement.
2. When the customer violates any rule, regulation or ordinance of the city pertaining to water services, which violation adversely affects the safety of the customer or other persons, or the integrity of the city’s water services delivery system.
3. When the customer attempts, causes or permits unauthorized interference, diversion, theft, tampering, damage or use of water services or the water services delivery system situated or delivered on or about the customer’s premises.
I. Utility Billing and Collection. Utility billings and collections shall be conducted in the manner set forth in Chapter 8.46 RIMC, as it exists or is hereafter amended.
J. Properties for which city records indicate there is a water service connection, but for which monthly water service charges established by city council resolution adopted pursuant to subsection A of this section are not paid, shall be subject to a reserve water service system development charge in the amount of 50 percent of the minimum monthly water service charge for the size of the water meter that is inactive and serves the property or, if no meter exists, for a five-eighths-inch water meter, as such water meter charges are established by city council resolution from time to time. As an alternative to the payment of the monthly system development charge set forth in this subsection, the property owner may elect to surrender the connection to the city by executing a form provided by the city, and approved in writing by the mayor, which form will document surrender of the water connection and meter associated therewith to the city. Following surrender of the water service connection and/or meter to the city pursuant to the procedure outlined in this subsection, the property may only be reconnected to the city water system upon application for a water service connection and payment of the full water service connection fee in effect at the time of connection. This continuation of water services to the property by surrender of the connection pursuant to this subsection relinquishes the right of the property owner to have any priority for receipt of water services in the future. (Ord. 13-125 § 1; Ord. 11-119 § 1; Ord. 11-113 § 1; Ord. 04-071 § 1).
8.38.070 Mains and main extensions.
A. When Required. A main extension shall be required whenever a customer requests service and the property to be served does not abut a city right-of-way or city easement containing a water main, or the existing water main is not adequate to provide the necessary water pressure for flow characteristics. Customers are not permitted to connect to the city water system without first extending the city main to the customer’s property.
B. Applications.
1. The person desiring a main extension shall apply to the director requesting permission to extend the city’s water system.
2. The director shall review the application, and if the requested extension is determined to be a proper extension of the water system, shall provide the petitioner with the design requirements for the extension. If the requested main extension is determined to be an improper extension of the water system, the application shall be denied.
C. Preparation of Plans and Specifications. Upon receipt of the design requirements from the department, the petitioner shall cause plans and specifications to be submitted in accordance with APWA standards adopted by the department as now exist or as may be hereafter amended. The completed plans and specifications, having a valid professional engineer’s (licensed in Washington state) seal and endorsement, shall be submitted to the department for review and approval.
D. Inspection – Fee – Deposit Required. After approval of the plans and specifications, the department shall provide the petitioner with an estimate of the construction inspection fee. A permit for construction will be issued after the inspection fees and estimated main connection charges have been deposited with the city clerk-treasurer. At such time as the director determines the remaining funds are not adequate to provide necessary inspection for project completion, the petitioner shall be notified of such and an estimate of additional inspection fees required will be provided. The additional fees shall be deposited with the city clerk-treasurer prior to depletion of the funds on deposit. All moneys unexpended from the inspection deposit upon completion of the project shall be returned to the petitioner.
E. Construction of Main Extensions.
1. Main extensions may be made by private contract, through local improvement district procedure, or by department forces.
2. Any main extension done other than by the department’s forces shall be done by a licensed and bonded contractor of the state of Washington.
3. Extension of the city mains shall be at the expense of the person requesting construction of the main.
4. All main extensions must be constructed on public rights-of-way or on the city’s frontage of the applicant’s property and such property shall be dedicated by deed or easement to the city in the form requested by the city.
F. Acceptance of Main Extensions.
1. The city reserves the right to reject any installation not inspected and approved by the department.
2. Upon satisfactory completion of all required tests and acceptance of the main extension, the department shall cause the extension to be connected to the city system. All costs incurred in such connection(s) including engineering fees, legal fees, city staff time, overhead, and administrative charges shall be the responsibility of the petitioner. An adjustment on the actual cost of installation because of variance between the estimate and the actual cost shall be adjusted by refund upon completion of the job by the petitioner, or by payment by the petitioner to the city of any additional expense above the estimate.
3. No main extension shall be charged other than for test purposes by duly authorized personnel until the main extension has been accepted by the city and all fees and charges have been paid. If charging a main is necessary to restore service to existing customers, fire hydrants will not be activated until acceptance of the main extension.
G. Construction Drawings.
1. Upon completion of a main extension, the petitioner shall provide the department a reproducible mylar drawing that accurately indicates the main extension and appurtenances as actually installed in plan and profile.
2. No main extension will be accepted until satisfactory “as built” drawings are provided to the city.
H. Main Extensions Deeded to City.
1. The permit holder shall provide the city with a deed of conveyance for all main extensions as a condition of acceptance of the main extension by the city.
2. The transfer of any main to the city shall be on the condition that the owner, district, company, constructor, or contributor shall transfer or provide for any necessary and proper franchise.
I. Temporary Mains.
1. No temporary mains shall be permitted to be installed as a part of the city’s water system.
2. Temporary mains and main extensions, however, may be acquired, maintained and operated by the department where provisions have been made by the owners of such mains to standardize such installations, in compliance with the standards for permanent mains, under the terms of an agreement entered into with the city as approved by the city council. Where necessary, said agreement may provide for a surcharge rate or charge to be levied by the city for a specified period of time to provide sufficient revenues to assure compliance with city standards. The director shall, before recommending the acceptance, delineate the temporary mains included in such installations, which are to be brought up to the city standards, on a map to be included as an exhibit under the aforementioned agreement. (Ord. 04-071 § 1).
8.38.080 Latecomer agreements.
A. Purpose. The purpose of this section is to prescribe rules and regulations for the exercise of the authority to enter into water facilities latecomer agreements authorized by Chapter 35.91 RCW, as the same now exists or as it may hereafter be amended.
B. Application Eligibility.
1. Whenever a developer is required to construct water facilities as a result of the application of this chapter or a determination of the director or city council and the water facilities benefit nonparticipating properties, the developer may apply for a latecomer agreement to establish a reimbursement area that includes other properties benefiting from the improvements. Such application shall be filed with the city clerk-treasurer within 60 days of the date of completion and final acceptance of the water facilities by the city.
2. In order to be eligible for a latecomer agreement, the cost of the improvement must not be less than $4,000. The cost of the improvement shall be determined, based upon a review of the actual construction costs for the project, as certified by the developer’s engineer.
C. Application Contents.
1. Applications for establishment of an assessment reimbursement area through a latecomer’s agreement shall be accompanied by a nonrefundable application fee in an amount set by resolution of the city council to reimburse the city for expenses in processing the application.
2. An application shall be considered complete upon submission of the fee to the city clerk-treasurer along with a written application that includes all of the following items:
a. Legal description of the applicant’s property.
b. Detailed “as-built” construction plans and drawings of the entire project prepared and stamped by a licensed civil engineer.
c. Itemization of all costs of construction of the project. Such construction costs shall be signed and stamped by a licensed civil engineer.
d. Scaled and clearly reproducible vicinity drawings, stamped by a licensed civil engineer or licensed land surveyor depicting the improvements, their location, the proposed benefit area (assessment reimbursement area) including dimensions and county assessor’s numbers for each tax parcel, size of parcels, and proposed method and evaluation for determining benefit.
e. A proposed assessment roll containing the county auditor’s tax lot numbers, a certified list of record owners, legal descriptions and proposed assessment for each separate parcel within the proposed assessment reimbursement area as determined as set forth in subsection D of this section.
f. Such other information as the director or city clerk-treasurer determines is necessary to properly review the application.
D. Determination of Benefited Area Boundaries and Assessments. An assessment reimbursement area shall be based upon a determination of which parcels did not contribute to the original cost of the water facility and who may subsequently tap into or use the same, including not only those who may connect directly thereto, but also those who may connect to laterals or branches connecting thereto. The amount of the assessment shall be established so that each property will be assessed an equitable share of the cost of the construction of the water facilities.
E. Duration of Agreement. No latecomer agreement shall provide for reimbursement for a period longer than 15 years from the date of final acceptance of the water facility by the city.
F. Resolution of Preliminary Determination – Public Hearing.
1. The director shall examine applications submitted in accordance with this chapter and make recommendations to the city council at a public meeting. The public meeting before the city council shall be held within 30 days of receipt of the developer’s complete application by the city clerk-treasurer. The city clerk-treasurer shall provide 10 days’ written notice to the developer of the date, time and place of the public meeting. The city council may accept, modify or deny the developer’s proposal. Any action to accept or modify the developer’s proposal shall require the adoption of a resolution of preliminary determination and shall be based on a finding that the properties within the reimbursement areas are benefited from the development improvements, and that the method of assessment equitably distributes the cost of installation between all benefited parties. The resolution of preliminary determination shall include the following:
a. A map showing the geographical boundaries of the assessment area.
b. The assessments for the assessment area property.
c. Notification to property owners within the assessment area of a public hearing to be held to consider final adoption of the preliminary determination within 40 days of the date of the passage of the preliminary determination resolution.
d. Notification to property owners within the assessment area that the city council at the public hearing may reduce the size of the assessment area, increase or decrease the final assessments to assessment area property owners, or otherwise modify the terms of the preliminary determination resolution without further notification to the assessment area property owners; provided, that any increase in the assessment to an individual assessment area parcel shall not modify the amount set forth in the resolution of preliminary determination by more than 10 percent.
e. Notification that the city council’s decision following the public hearing is determinative and final.
f. Notification that the city council may contract with the developer to carry out the preliminary determination resolution provisions or any modification thereof consistent with the terms of this chapter made at the public hearing on the preliminary determination resolution and such contract shall be binding on all assessment area property owners.
2. In reviewing the director’s recommendations, the city council shall apply the criteria set forth in this chapter and Chapter 35.91 RCW as it now exists or as it may be hereafter amended. The city council may adopt, reject or modify the director’s determination.
G. Notification to Assessment Area Property Owners. Within 10 days of adoption of a resolution making a preliminary determination as provided in subsection F of this section, the city clerk-treasurer shall send, by certified mail, a copy of the resolution to all property owners of record within the assessment area.
H. City Council Public Hearing. The city council’s determination to approve a latecomer agreement following the public hearing shall be based on a finding that the properties within the reimbursement area are benefited from the development improvements, and that the method of assessment equitably distributes the costs of installation between all benefited parties. The city council may adopt, reject or modify the preliminary determination resolution. The determination of the city council following any such hearing is final.
I. Final Determination Ordinance – Written Agreement. Following the final determination of the city council after the public hearing, a latecomer agreement in a form prepared by the city attorney shall be presented to the city council containing the final determination of the assessment reimbursement area and the pro rata share of reimbursable costs. The latecomer agreement shall contain a provision that the city shall not be responsible for the costs of enforcement of the latecomer agreement and shall not under any circumstances be liable to the party requesting the latecomer agreement for any of the costs of constructing the water facilities that are the subject of the latecomer agreement. Upon approval by the city council, the city clerk-treasurer shall acquire the signatures of all other parties and record the latecomer agreement as required by subsection K of this section.
J. Costs and Fees – Developer Responsibility.
1. Developers petitioning the city council to establish a reimbursement area shall pay all of the city’s costs and fees for professional services incurred in establishing or attempting to establish a latecomer agreement with the developer. The city’s costs and fees for professional services shall include, but shall not be limited to, the costs for mailing notices, auditor’s filing fees, fees for the city’s professional engineering services or other consultant services, and reasonable attorneys’ fees incurred by the city.
2. In the event that costs incurred by the city as set forth in subsection (J)(1) of this subsection exceed the amount of the application fee established pursuant to subsection C of this section, the city clerk-treasurer shall so advise the city council and the city council’s approval of the latecomer agreement shall be conditioned upon the prior receipt of payment by the applicant of an amount sufficient to compensate the city for its costs in excess of the application fee.
K. Latecomer Agreement Must Be Recorded. In order to become effective, a latecomer agreement must be recorded with the office of the Douglas County auditor after the latecomer agreement is signed by all parties.
L. Collection of Assessments.
1. Subsequent to the recording of a latecomer agreement, the city shall not permit connection of the assessment area properties to any water facility constructed pursuant to the latecomer agreement, unless the share of the costs of such facilities required by the latecomer agreement is first paid to the developer as evidenced by the certificate of payment and release of assessment recorded as set forth in subsection N of this section.
2. Upon receipt of any reimbursement fees, the city shall deduct a six percent administrative fee and remit the balance of the reimbursement fees to the party entitled to the fees pursuant to the latecomer agreement. In the event that through error, the city fails to collect a required reimbursement fee prior to approval of connection to a water facility, the city shall make diligent efforts to collect such fee, but shall under no circumstances be obligated to make payment to the party entitled to reimbursement, or in any other way be liable to such party.
3. In the event the city becomes a party to any litigation arising out of the city’s attempted enforcement of a latecomer agreement against an assessment area property owner, the city shall be entitled to recover from the developer its reasonable attorneys’ fees and costs, which fees and costs shall constitute a lien upon all funds due the developer pursuant to the latecomer agreement.
M. City – Not Liable. The city shall not be liable under a latecomer agreement or otherwise to pay for any of the costs of the water facilities constructed by a developer.
N. Release of Assessments. When total reimbursement is received for each parcel subject to the latecomer agreement, the developer shall record a certificate of payment and release of assessment as to the real property owned by the party paying a latecomer assessment within 60 days of receipt of the funds. (Ord. 04-073 § 1; Ord. 04-071 § 1).