Chapter 13.08


Article I. General Provisions

13.08.010    Water utility established.

13.08.020    Authorization.

13.08.030    Notification of acquisition.

13.08.040    Rates to be charged.

13.08.060    Jurisdiction of billings or statements.

13.08.070    Statements payable.

13.08.080    Place of payment – Collection.

13.08.090    Water fund established.

13.08.100    Billings as liens.

13.08.110    Responsibility for payment – Water shut-off.

13.08.120    Right of entry.

13.08.130    Town not liable for damages.

13.08.140    Use application.

13.08.145    Abandoned service.

13.08.150    Damage to system – Prohibited.

Article II. System Development Charge

13.08.160    Repealed.

13.08.170    Repealed.

13.08.180    Repealed.

13.08.190    Repealed.

13.08.200    Repealed.

13.08.210    Repealed.

13.08.220    Repealed.

13.08.230    Repealed.

13.08.240    Meters.

13.08.245    Meter – Access and right of entry.

Article III. Municipal Airport Services

13.08.250    Purpose.

13.08.260    Definitions.

13.08.270    Water system development charge.

13.08.280    Monthly rate to be charged.

13.08.290    Penalty.

Article I. General Provisions

13.08.010 Water utility established.

The town council of the town of Concrete does herewith establish for the town of Concrete a water utility to be known as the water department. Said utility shall have all of the authority and powers granted towns under Chapter 35.92 RCW to operate and manage a water system. [Ord. 265 § 1, 1981]

13.08.020 Authorization.

Upon the effective date of the ordinance codified in this chapter, the town of Concrete be and is herewith authorized to operate and maintain, improve and add to a water works or water system within or without the limits of the town of Concrete for the purpose of furnishing the town of Concrete and its inhabitants and any other persons with an ample supply of water for all purposes, both public and private, and with full power to regulate and control the use, distribution and price thereof. [Ord. 265 § 2, 1981]

13.08.030 Notification of acquisition.

The town clerk of the town of Concrete be and is herewith authorized to notify the Washington State Utilities and Transportation Commission of the acquisition of the Baker River Power, Light and Water Company and the intention of the town of Concrete to operate said water system effective the date and time set forth above. [Ord. 265 § 4, 1981]

13.08.040 Rates to be charged.

The monthly charge for water rates for the town of Concrete shall be set by annual resolution* of the town council. [Ord. 515 § 16, 2003; Ord. 507 § 3, 2003; Ord. 506 § 2, 2003; Ord. 477 § 5, 2003; Ord. 455 § 5, 2000, Ord. 414 § 10, 1996; Ord. 404 §§ 1 and 2, 1996; Ord. 381 § 1, 1994; Ord. 330 §§ 3 and 4, 1990; Ord. 325 § 1, 1989; Ord. 320 § 1, 1988; Ord. 286, 1983; Ord. 265 § 5, 1981]

*Code reviser’s note: The resolution setting this fee is available for review at Town Hall.

13.08.060 Jurisdiction of billings or statements.

From and after January 1, 1982, the preparation, mailing and billings or statements of the town of Concrete rendered for the furnishing of water service as heretofore mentioned, shall be under the jurisdiction and subject to the direction of the office of the town clerk-treasurer. [Ord. 265 § 6, 1981]

13.08.070 Statements payable.

The clerk-treasurer shall cause to be mailed to each water user a statement showing the total amount due monthly. Said statement of charges shall be due and payable as the date of billing and if the same is not paid on or before 20 days after the date of billing, the service is subject to being disconnected. [Ord. 265 § 7, 1981]

13.08.080 Place of payment – Collection.

From and after the first day of January, 1982, all payments upon billings or statements rendered by the town of Concrete for the supply of water, all as more specifically provided hereinbefore set forth, shall be made at such place in the town of Concrete as shall be designated by the office of the town clerk-treasurer. The clerk-treasurer hereby is given jurisdiction over the collection and deposit of such payments and the issuance of receipts therefor. [Ord. 265 § 8, 1981]

13.08.090 Water fund established.

There is herewith established an account known as the water fund to which the clerk-treasurer shall deposit receipts. Said funds shall be used solely for the purpose of the operation, maintenance, repair, improvements to or extension of services of the water utility. [Ord. 265 § 9, 1981]

13.08.100 Billings as liens.

The billings of the clerk-treasurer for water services shall be a lien upon the property to which services are provided, all in accordance with the laws of the state of Washington applicable thereto. [Ord. 265 § 10, 1981]

13.08.110 Responsibility for payment – Water shut-off.

Water shall be charged against the property, as well as the owner of the property, and no change of ownership or occupancy shall affect the application of this rule. Notice must, therefore, be given in writing by owners or agents when buildings are vacated, as no allowance under claims of vacancy will be made unless the water department is properly notified and the water shut off.

The town is authorized to exercise all liens conferred by statutes of the state of Washington in connection with water systems and also all methods of enforcing payment of bills for water service in connection with collection of any and all delinquent payments.

The property owner shall be notified on delinquent accounts that water service will be terminated on a specified date without further notice. Payment of the full amount due must be made prior to service being reinstated. Should water termination be required, a charge set by annual resolution in addition to all delinquent amounts shall be charged to help defray the cost of a water department employee having to turn off the water. [Ord. 573, 2005; Ord. 556, 2005; Ord. 265 § 11, 1981]

13.08.120 Right of entry.

The town shall have the right to enter consumer’s premises at all reasonable times for all reasonable purposes in connection with supplying of water to the consumer, and the consumer will give or obtain all necessary permission so as to enable the town to install the service and care for and protect the same. [Ord. 537, 2004]

13.08.130 Town not liable for damages.

The town shall not be liable for damages for failure of service by reason of accident or otherwise. [Ord. 537, 2004]

13.08.140 Use application.

Applications for the use of water must be made on printed forms to be furnished at Town Hall. No person supplied with water from the town mains will be entitled to use it for any other purpose than those stated in his application, or to supply in any way any other person or persons or families. [Ord. 537, 2004]

13.08.145 Abandoned service.

If the town service connection has been discontinued and the building originally on the site has been removed or must be removed prior to reconstruction or construction of a new building as required by the Uniform Building Code, a reconnection fee shall be required to be paid, said fee to be set by annual resolution. [Ord. 801, 2019]

13.08.150 Damage to system – Prohibited.

It is unlawful for any person to break, deface or damage any water meter, gate, pipe or other water works appliance or fixture or in any other manner interfere with the proper operation of any part of the water system of the town. Any person found violating any of these provisions shall be guilty of a misdemeanor, and, upon conviction thereof, shall be fined not less than $10.00 nor more than $100.00 or imprisoned for a term of not less than 10 nor more than 30 days. [Ord. 536, 2004]

Article II. System Development Charge

13.08.160 Purpose.

Repealed by Ord. 591. [Ord. 414 § 1, 1996]

13.08.170 Definitions.

Repealed by Ord. 591. [Ord. 414 § 2, 1996]

13.08.180 Water system development charge.

Repealed by Ord. 591. [Ord. 515 § 7, 2003; Ord. 414 § 3, 1996]

13.08.190 Equivalent water meter factors.

Repealed by Ord. 591. [Ord. 565, 2005; Ord. 414 § 4, 1996]

13.08.200 Addition to other charges.

Repealed by Ord. 591. [Ord. 414 § 5, 1996]

13.08.210 Collection of system development charges.

Repealed by Ord. 591. [Ord. 414 § 6, 1996]

13.08.220 Review of system development rates.

Repealed by Ord. 591. [Ord. 414 § 7, 1996]

13.08.230 Penalty.

Repealed by Ord. 591. [Ord. 414 § 8, 1996]

13.08.240 Meters.

All new connections to the water system made after the effective date of this article shall be required to have installed a water meter as approved by the public works director or his designee. [Ord. 566, 2005; Ord. 414 § 9, 1996]

13.08.245 Meter – Access and right of entry.

(1) When any meter gets out of order, water will be charged for in accordance with the average consumption during the three months immediately prior to the failure of the meter.

(2) Consumers who are supplied with meters shall keep their premises adjacent to the meter free from all rubbish or materials of any kind which would prevent the employees of the public works department from having access to the meter. [Ord. 534, 2004]

Article III. Municipal Airport Services

13.08.250 Purpose.

The town council has determined that it is reasonable and in the public interest to enact and impose a “system development charge” pursuant to RCW 35.92.025 for the purpose of recovering a proportionate share of the actual capital costs of water facilities from those properties within the utility service area which, as a part of their development and use, create needs for those facilities. [Ord. 470 § 1, 2002]

13.08.260 Definitions.

(1) “Equivalent water service” means a water service connection to leased airport lot at the Concrete Airport consisting of a three-quarter-inch diameter service line. In the event the town shall require water meters to be installed, “equivalent water service” shall mean a water service connection to leased airport lot at the Concrete Airport consisting of a three-quarter inch diameter service meter.

(2) “Airport lot” means, but is not limited to, a 50-foot by 50-foot lot, 100-foot by 100-foot lot or any other size lot as designated in said lease signed by both lessee and lessor and which is located at the Concrete Municipal Airport. [Ord. 470 § 2, 2002]

13.08.270 Water system development charge.

The town council hereby finds and determines that the capital cost of the town’s water system has been borne by the town and its water system users. Such water system will be utilized by newly connecting properties, and the capital cost as applied to customers presently served is equivalent to at least the per equivalent water service as set by annual resolution of the town council or airport lot. Also there will be actual costs charged for meter and associated parts as determined by the public works supervisor. [Ord. 515 § 14, 2003; Ord. 470 § 3, 2002]

13.08.280 Monthly rate to be charged.

The town council will hereby and hereafter establish the monthly rate to be consistent with one residential unit as set by annual resolution* of the town council. [Ord. 515 § 14, 2003; Ord. 470 § 4, 2002]

*Code reviser’s note: The resolution setting this fee is available for review at Town Hall.

13.08.290 Penalty.

In the event any connection to the town water system is made without paying the fees required by this chapter, the tenants of the airport lot to which the connection is made shall be required to pay a civil penalty in the amount of $200.00.

Utility service shall be terminated until all fees and penalties owing referenced in CMC 13.08.220 and 13.08.230 have been paid. [Ord. 470 § 5, 2002]