Chapter 13.08 WATER SERVICE OUTSIDE CORPORATE LIMITS*

This chapter shall apply to the furnishing of water by the city to premises located outside the corporate limits of the city. It shall not apply to premises located within the corporate limits of the city. (Ord. 489 §1, 1969).

13.08.020 Application for connection--Submittal to clerk--Referral to council.

Applications for connection to the city’s water system shall be made in writing to the city clerk-treasurer, who shall present the same to the city council at its next regular meeting when such application is properly completed. (Ord. 489 §2, 1969).

13.08.030 Application for connection--Contents.

A properly completed application shall contain:

A. The proper legal description of the real property to be served. A "tax number" as fixed by the county assessor is not a proper legal description;

B. The type of use proposed for the premises, such as single-family residence, duplex, apartment house, motel, condominium, mobile home rental park, commercial (and the nature thereof) industrial (and the nature thereof), together with a statement of the number of living units to be served thereon;

C. The estimated monthly water consumption volume to be used;

D. The size of meter desired and the size of pipe requested to be installed between the meter and existing city water line;

E. A statement that applicant agrees to comply fully with all ordinances of the city, both present and future, pertaining to the city’s water system, and to pay the rates and charges before delinquency as the same may be fixed from time to time;

F. The name and address of applicant;

G. The signature of the applicant, and the signature of the applicant’s spouse, if married. (Ord. 489 §3, 1969).

13.08.040 Application for connection--Separate applications required.

Every single-family dwelling house and every building containing more than one living unit shall be the subject of a separate application, regardless of whether more than one is owned by any particular applicant, and regardless of whether they are on the same premises for which application is or has been made. (Ord. 489 §14, 1969).

13.08.050 Applicant to pay for labor and materials--Meter and certain piping to remain city property.

A. The applicant shall pay all costs of labor and materials for the furnishing and installing of the meter and lines connecting the meter to the city’s existing lines. The city shall furnish the labor and materials, at the expense of the applicant, for installing the meter and connecting the meter to the existing city lines. All meters and water pipe so installed shall be and remain the property of the city, regardless of the payment therefor by the applicant.

B. Applicant shall furnish all labor and materials for connecting the meter to the applicant’s premises. (Ord. 489 §4, 1969).

13.08.060 Compliance with certain city standards and restrictions required.

The applicant’s pipes, fittings and fixtures shall comply with the standards required inside the corporate limits of the city. The applicant shall not waste water, and shall comply with all sprinkling restrictions and use restrictions as may be fixed from time to time for premises within the city limits. (Ord. 489 §6, 1969).

13.08.070 Use of water for certain purposes prohibited.

The applicant, his successors and assigns shall not use water supplied by the city for any purpose or use not permitted for premises inside the corporate limits of the city, nor for any purpose or use not stated in the application. (Ord. 489 §5, 1969).

13.08.080 Successors and assigns of applicant to be bound by terms of chapter--Grounds for termination of service.

The applicant’s successors and assigns shall be bound by the terms of this chapter to the same extent as the applicant; upon failure to comply with the terms of the ordinance codified in this chapter or any other applicable ordinance by the applicant, his successors and assigns, or upon failure to pay the monthly rates and charges before delinquency, the city may permanently terminate water service to such premises and may remove the water meter. (Ord. 489 §7, 1969).

13.08.100 Application for connection--Withdrawal procedure.

An applicant may withdraw his application at any time before materials are ordered or work commenced by the city, whichever event occurs first, by giving written notice of withdrawal to the city clerk-treasurer, signed by the applicant, and shall be entitled to a refund of one-half the connection charge and all of the deposit for labor and materials upon voucher prepared by the clerk and approved by the city council. In any case of withdrawal, the city shall be entitled to retain one-half of the proper connection charge as compensation for processing the application. (Ord. 489 §19, 1969).

13.08.110 Water to be furnished only through meter.

No water shall be furnished by the city except through a meter. (Ord. 489 §7A, 1969).

13.08.120 Application for connection--Clerk’s duties.

The duties of the city clerk-treasurer with respect to any application are as follows:

The clerk shall receive all applications, and when satisfied that an application complies with the requirements of Section 13.08.030 shall present the same to the city council at its next regular meeting; the clerk shall number all applications received and keep them safely. The clerk shall note upon each application the date it was received by the clerk and the date it was presented to the city council, and shall attach to the application a written statement of the terms, requirements and conditions which may be imposed by the council as a condition for granting the same, together with the date of approval or rejection of the application by the council and, if approved, the amount of the connection charge and the amount of the deposit for labor and materials as fixed by the council. When such charge and deposit have been made by the applicant, the clerk shall note the same upon the application. The clerk shall give the necessary notices and billings required by the ordinance codified in this chapter and other ordinances of the city, and note upon each application the date and means by which any application is withdrawn or terminated; and shall generally perform all things necessary to keep and maintain an accurate record of proceedings with respect to each application. (Ord. 489 §21, 1969).

13.08.130 Action required before commencement of work by city.

No connection shall be made, no meter installed, and no work done by the city until the application has been approved by the city council and any terms and conditions imposed by the council have been accepted in writing by the applicant and the connection charge has been fully paid and the required deposit fully made. (Ord. 489 §10, 1969).

13.08.140 Attachment of additional conditions--Connection of other applicants--City option to install larger size line.

A. The city council may attach additional terms, requirements and conditions to any application as a condition for granting the same, provided that in such event the application shall not be deemed granted until the applicant approves and accepts such terms, requirements and conditions in writing filed with the city clerk-treasurer.

B. Notwithstanding any payment made by any applicant, the city may permit other applicants to connect to the city’s water lines.

C. The city council may, considering the possibility of future connection applications for other premises, direct that a line of larger size than requested be installed, but in such event an applicant shall be charged only for the size pipe deemed by the council as adequate to service applicant’s needs. (Ord. 489 §11, 1969).

13.08.150 Determination of costs and charges--Billing procedure.

A. Upon presentation of an application to the city council, the council, when granting the application, shall estimate the cost of labor and materials to be furnished by the city and determine the applicable connection charge, and shall fix the amount of deposit to be required of applicant before the city commences any work to make such connection, which deposit shall consist of the connection charge plus seventy-five percent of the estimated cost of labor and materials to be furnished by the city.

B. When the furnishing of labor and materials by the city has been completed, the water superintendent shall deliver to the city clerk-treasurer an itemized list of the charges therefor, and the clerk shall promptly bill the applicant for any amount due over and above the deposit made, which bill shall be due and payable within thirty days from date of the clerk’s billing. In the event the deposit made by the applicant exceeds the proper charges, the applicant shall be entitled to a refund of the excess upon voucher prepared by the clerk and approved by the council. (Ord. 489 §16, 1969).

13.08.160 Failure of council to approve within certain time deemed rejection--Failure of applicant to pay deposit within certain time deemed withdrawal.

A. Any application not approved by affirmative action of the council within forty-five days after the same is presented shall be deemed rejected.

B. Failure of the applicant to pay the deposit required within thirty days after notice of acceptance shall be deemed as a withdrawal of the application. (Ord. 489 §17, 1969).

13.08.170 Council may refuse to grant application without giving reason.

The city council may refuse to grant any application without stating any reason for such refusal. (Ord. 489 §20, 1969).

13.08.180 Water deemed turned on after ninety days--Extension.

Water meters of applicants shall be deemed turned on, connected and ready for use and the monthly rates shall commence on the ninetieth day following approval of the application by the city council, unless the actual turn-on and use is done earlier. A single ninety-day extension of time may be granted by the city council provided a written request therefor is filed by the applicant with the clerk-treasurer during office hours on or before the end of the ninetieth day following approval of such application by the city council. (Ord. 489 §18, 1969).

13.08.190 Application required for additional living units or water uses--Subject to connection charge--Waiver of connection charge.

No applicant shall add living units or other water uses not set forth on the original application without first making application therefor as provided in Section 13.08.020. Such application shall be treated as an original application and shall be subject to a connection charge as though it where an original application; provided, that the city council may waive all or an equitable portion of the connection charge when the application under this section is to replace one type of water use with another, and does not involve any additional work by the city. (Ord. 489 §9, 1969).

13.08.200 Sale of less than entire premises described in application--Transfer of water connection.

In the event of a sale of or a contract to sell less than the entire premises described upon any application, the seller shall elect whether the portion of the premises sold or the portion of the premises retained shall have the benefit of the water connection and shall forthwith notify the city clerk-treasurer in writing of such election, which writing shall contain the legal description of the premises to have the benefit of such water connection, and the city shall be entitled to rely thereon despite any agreement between seller and buyer contrary thereto. In event of failure of the applicant-seller to notify the city clerk-treasurer of such election within ten days after date of such sale or contract to sell, the city council may make the election as to which portion of the premises described in the original application shall continue to receive water service or, in the alternative, may discontinue water service to all portions of the premises, temporarily or permanently. (Ord. 489 §13, 1969).

13.08.210 Applicant responsibilities.

It is the sole duty and responsibility of the applicant to prepare a proper application for water service; to pay all costs and charges; and to promptly make additional application if and when required by Section 13.08.190; and to inform himself of the provisions of the city ordinances. (Ord. 489 §12, 1969).

13.08.220 Property owner responsibility for payment of charges.

The property owner is responsible for paying all rates and charges, and is not excused therefrom by failure of a tenant or anyone else to pay. The city is not required to continue furnishing water to any premises for which monthly charges are delinquent, regardless of the health or sanitary needs of the occupants thereof. (Ord. 489 §15, 1969).

13.08.230 Franchise for water lines on county roads--City to apply.

The city shall apply for any franchises to install water lines upon county roads, at the expense of the city. (Ord. 489 §22, 1969).

13.08.240 Franchise for water lines on county roads--City not obligated to continue to furnish water under certain conditions--Relocation of water lines required by county.

The city shall not be obligated to continue to furnish water to any person or premises when any franchise has been terminated or not renewed by Grays Harbor County when such franchise is necessary in order to keep or maintain or use the lines to such premises. In the event Grays Harbor County requires the city to relocate any water lines, the cost of labor and materials for such relocation shall be borne by the city and the water customers on such lines in equal shares; for example, in the event of three customers receiving water through the lines to be relocated, the city would pay one-fourth and each customer one-fourth. (Ord. 489 §23, 1969).

13.08.250 Limits of city liability.

The city shall not be liable for any temporary interruption in water service, nor shall any deduction on the monthly billing be made for such interruption; neither shall the city be liable for any shortage in the water supply. By granting any application, the city agrees only to furnish water as it is available from existing wells for a period of thirty years from date of granting each application, and after the expiration of such thirty-year period until terminated by affirmative action by the legislative body of the city. (Ord. 489 §24, 1969).