Chapter 12.16
POTABLE WATER AND SEWER SERVICE AND RATES*

Sections:

12.16.005    Connection mandatory.

12.16.010    Water and sewer utility applications.

12.16.020    Deposit.

12.16.030    Individual connections.

12.16.040    Meter relocation.

12.16.050    Owner’s responsibility on private service.

12.16.060    Minimum monthly service charge.

12.16.070    Volume charge.

12.16.080    Water billings.

12.16.090    Joint users charges.

12.16.110    Private uses of city fire hydrants.

12.16.120    Standby service.

12.16.130    Service outside city limits.

12.16.140    Rereading meter charge.

12.16.145    Family apartment.

12.16.150    Separate family residences.

12.16.155    Churches and noncommercial meeting facilities.

12.16.180    Schools.

12.16.190    Commercial single occupancy users.

12.16.200    Commercial buildings with multiple units.

12.16.220    Motels.

12.16.230    Industries with no industrial discharge.

12.16.240    Certification of payroll.

12.16.250    Permit—Lien on real property.

12.16.260    Turning water off and on—When charged.

12.16.270    Sewer utility billings.

12.16.280    Charge schedule for future utility connections.

12.16.285    Main connection charges—General.

12.16.287    Main connection charges.

12.16.290    Side sewer connections by public works department.

12.16.300    Payments from current expense fund.

12.16.310    Payments on domestic service due.

12.16.320    Lien.

12.16.330    Enforcement of lien.

12.16.340    Payment of accounts—Dispute resolution.

*    City or town authorized to contract to provide water service, see RCW 35.91.020.

12.16.005 Connection mandatory.

The city municipal water system is the water system for the city and connection to the system for all water service is mandatory. No other purveyor of water service, potable or otherwise, shall be permitted to provide water service within the city; provided, withdrawals of public water in compliance with Chapter 12.30 will be permitted; and, provided further, that use of other sources of irrigation water may be permitted from time to time by the city council for such periods and upon such terms as the council shall determine. (Ord. 1028 § 1 (part), 1999: Ord. 982 § 1, 1996).

12.16.010 Water and sewer utility applications.

(a)    All applications for water and sewer service shall be made at the Othello City Hall on forms furnished by the city. The applicant shall supply such information as is deemed necessary. All applications shall be made by the owner of the property to be served or the owner’s authorized agent.

(b)    Joint Charging. All charges for water, sewer and garbage payments due the city shall be billed jointly on one statement. All payments received from a user shall be credited first to charges for garbage service, second to charges for sewer service, and third to charges for water service. (Ord. 1478 § 1 (part), 2016: Ord. 1028 § 1 (part), 1999: Ord. 224 § 601.00, 1959: Ord. 164 § 601, 1955).

12.16.020 Deposit.

A deposit of twenty dollars shall be made to the city clerk for water and sewer service when the responsibility for payment of such charges falls upon a tenant rather than the owner of the real property, which deposit shall be paid when the tenant applies for water and/or sewer service, provided no such deposits shall be made or accepted after June 16, 1999. Such deposits shall be returned by the city clerk upon the tenant vacating the premises and ordering the water turned off, and all charges for the use of water and/or sewer services have been paid by the depositor in full, or if the tenant shall have paid on a current and timely basis all utility charges for a period of eighteen months, the clerk shall refund the tenant’s deposit. Should the water and/or sewer bill be in the name of the owner of the real property, no deposit shall be required. The owner of real property shall not be relieved of claim of lien accruing upon such property for delinquent payments for water and/or sewer service arising from his delinquency or the delinquency of his tenant(s). (Ord. 1028 § 1 (part), 1999: Ord. 646 § 1, 1981: Ord. 474 § 2, 1974: Ord. 224 § 601.01, 1959: Ord. 164 § 6.01, 1955).

12.16.030 Individual connections.

In making all future connections with the domestic water system, each residence, residential unit, individual business, business enterprise, or business unit, or industrial enterprise or unit, shall be considered an individual consumer and shall be supplied through a separate service connection except as provided for in Section 12.16.090; provided, that the term “future connections” shall be deemed to include any and all connections hereafter made, or modification of existing connections, such as the installation of water meters onto domestic supply lines in those instances where such meters have not been installed. (Ord. 1400 § 5 (part), 2014: Ord. 164 § 602, 1955).

12.16.040 Meter relocation.

When it is necessary for the convenience of the city because of the installation of new water mains, or for any other reason, to change an existing domestic water meter, or domestic water service location, such new location shall be made at the cost and expense of the water department, except that the property owner shall reinstall his domestic water service pipes to connect with the water main meter as relocated at his own expense. (Ord. 164 § 603, 1955).

12.16.050 Owner’s responsibility on private service.

Owners of services are responsible for all leaks or damage on account of leaks from privately owned services. Privately owned services shall be deemed to include all domestic service lines between the meter and consumer’s property, and all domestic service lines lying, on or under the consumer’s property. All water meters shall be and remain the property of the city, and the responsibility of the city. The meters may be removed, replaced or changed as to size and type by the water department whenever deemed necessary. (Ord. 164 § 605, 1955).

12.16.060 Minimum monthly service charge.

Single-family residences, multiple-family residences, commercial and industrial customers inside the city limits, including all commercial single and multiple occupancy buildings and businesses, motels, inns, institutions and schools, and excluding industrial customers with contracted water service agreements, shall be subject to the following monthly service charges.

Effective December 16, 2019, the minimum monthly service charge shall be as listed in the column titled “2020 Minimum Monthly Service Charge”; then on December 16, 2020, the minimum service charge shall be as listed in the column titled “2021 Minimum Monthly Service Charge”; then on December 16, 2021, the minimum service charge shall be as listed in the column titled “2022 Minimum Monthly Service Charge.”

 

Meter Size

Multiplication Factor for Meters Over One Inch

2020 Minimum Monthly Service Charge

2021 Minimum Monthly Service Charge

2022 Minimum Monthly Service Charge

1" or less

1.00

$37.06

$37.89

$38.74

1-1/2"

3.33

$123.40

$126.17

$129.01

2"

5.33

$197.50

$201.94

$206.48

3"

10.00

$370.55

$378.89

$387.42

4"

16.66

$617.38

$631.27

$645.47

6"

33.33

$1,235.10

$1,262.89

$1,291.30

8"

53.33

$1,976.22

$2,020.68

$2,066.15

10"

76.66

$2,840.75

$2,904.67

$2,970.02

(Ord. 1537 § 1 (part), 2019: Ord. 1481 § 1 (part), 2016: Ord. 1392 § 1 (part), 2013: Ord. 1329 § 1 (part), 2010: Ord. 1266 § 1 (part), 2008: Ord. 1235 § 1 (part), 2007: Ord. 1168 § 1 (part), 2003; Ord. 1028 § 1 (part), 1999: Ord. 985 § 1 (part), 1996: Ord. 839 § 1, 1990: Ord. 819 § 1, 1990; Ord. 792 § 1, 1989: Ord. 746 § 1, 1986: Ord. 741 § 4, 1985: Ord. 692 § 3, 1984; Ord. 646 § 3, 1981: Ord. 530 § 2, 1977: Ord. 474 § 4, 1974: Ord. 403 § 2, 1970: Ord. 375, 1968: Ord. 224 § 701.02, 1959: Ord. 162 § 701 (part), 1955).

12.16.070 Volume charge.

Effective December 16, 2019, the volume charge for all metered water consumption shall be as listed in the row titled “2020,” then on December 16, 2020, the volume charge for all metered water consumption shall be as listed in the row titled “2021,” then on December 16, 2021, the volume charge for all metered water consumption shall be as listed in the row titled “2022”:

Volume Charge/2020—2022 

Meter Size

Multiplication Factor for Meters Over One Inch

First Block of Water

Second Block of Water

Third Block of Water

1" or less

1

8 units

20 units

Total used less 28 units

1-1/2"

3.33

26 units

66 units

Total used less 92 units

2"

5.33

42 units

106 units

Total used less 148 units

3"

10.00

80 units

200 units

Total used less 280 units

4"

16.66

133 units

333 units

Total used less 466 units

6"

33.33

266 units

666 units

Total used less 932 units

8"

53.33

426 units

1,066 units

Total used less 1,492 units

10"

76.66

613 units

1,533 units

Total used less 2,146 units

2020

Price per unit delivered inside the city limits

$0.85

$0.99

$1.12

2020

Price per unit delivered outside the city limits

$1.27

$1.49

$1.69

2021

Price per unit delivered inside the city limits

$0.87

$1.01

$1.15

2021

Price per unit delivered outside the city limits

$1.30

$1.52

$1.73

2022

Price per unit delivered inside the city limits

$0.89

$1.04

$1.18

2022

Price per unit delivered outside the city limits

$1.33

$1.56

$1.76

1 unit = 100 cubic feet of water

For billing periods where the residential meters are unable to be read due to weather or other disruptions and more than one billing cycle is included in the reading, the residential customer shall only be billed the first block rate for all water consumed during the period.

INDUSTRIAL BULK WATER RATE

Volume Charge/2020—2022

Year

 

Per Unit Charge for First 50,000 Units

Per Unit Charge for Units Used Greater Than 50,000

2020

Price per unit delivered inside the city limits

$0.97

$1.06

2020

Price per unit delivered outside the city limits

$1.46

$1.60

2021

Price per unit delivered inside the city limits

$0.99

$1.09

2021

Price per unit delivered outside the city limits

$1.49

$1.63

2022

Price per unit delivered inside the city limits

$1.02

$1.11

2022

Price per unit delivered outside the city limits

$1.52

$1.67

1 unit = 100 cubic feet of water

(Ord. 1537 § 1 (part), 2019: Ord. 1481 § 1 (part), 2016: Ord. 1392 § 1 (part), 2013: Ord. 1329 § 1 (part), 2010: Ord. 1266 § 1 (part), 2008: Ord. 1258 § 1, 2007: Ord. 1235 § 1 (part), 2007: Ord. 1168 § 1 (part), 2003; Ord. 1116 § 1 (part), 2002: Ord. 1038 § 1, 1999: Ord. 1028 § 1 (part), 1999: Ord. 985 § 1 (part), 1996: Ord. 839 § 2, 1990: Ord. 793 § 1, 1989: Ord. 746 § 1, 1986: Ord. 741 § 4, 1985: Ord. 692 § 3, 1984: Ord. 646 § 3, 1981: Ord. 530 § 2, 1977: Ord. 474 § 4 1974: Ord. 403 § 2, 1970: Ord. 224 § 701.02, 1959: Ord. 162 § 701 (part), 1955).

12.16.080 Water billings.

Monthly water service billings shall run from the sixteenth of one month to the fifteenth of the next month and shall be billed on the last working day of each month.

A user requesting new water service after the sixteenth of the month, or discontinuance of an existing service prior to the fifteenth of the month, shall be billed for a full month’s service based on the applicable “Monthly Service Charge” and “Water Use” schedules.

Charges for multiple-family dwellings and multiple commercial occupants shall be billed to a single applicant for the entire complex and consist of the applicable “Monthly Service Charge” and “Water Use” schedules, and shall include all units, whether the unit is occupied or not, whenever the water is on to the entire complex. (Ord. 646 § 4, 1981: Ord. 224 § 701.03, 1959: Ord. 164 § 701 (part), 1955).

12.16.090 Joint users charges.

Where two or more individual unit customers are served by a single meter, and such service has been authorized by the public works director, and if individual water bills are computed, the water bills shall be computed as follows:

(a)    A minimum monthly service charge shall be made, based upon the meter size and equally divided by the number of accounts that are served by the individual meter;

(b)    All water usage charges shall be divided equally to each individual customer and billed in accordance with the applicable rate schedule. The volume charge shall be equally divided by the number of accounts that are served by the individual meter. In all such cases, all such individual users shall be jointly and severally liable for all water used and be jointly affected by any prohibition herein as to use by others and in case of delinquency of one such joint user, the city shall have the same remedy as though all such joint users were delinquent. (Ord. 1400 § 5 (part), 2014: Ord. 1225 § 1, 2006: Ord. 692 § 5, 1984: Ord. 164 § 701 (part), 1955).

12.16.110 Private uses of city fire hydrants.

Private uses of city fire hydrants must be approved by the municipal services coordinator or the mayor’s designee. The user of the city fire hydrant must register with the city’s utility billing department and shall pay a refundable deposit of three hundred dollars for a one-inch meter and five hundred dollars for a three-inch meter prior to the public works department issuing the city’s meter/backflow device. The registration shall include the identification of an active water account in good standing which shall be responsible for any charges not paid by the user in connection with the use of this meter. This account must remain active and in good standing for all times the user has possession of the city’s meter. At the time of application to use the meter, the user shall state the date by which it will be returned to the city. If arrangements have not been made with the city public works department to extend that time, the user will be deemed to have purchased the meter and the cost to the city of a replacement meter plus fifteen percent will be charged to the user’s water account identified at the time of registration. Upon return of the city’s property and inspection of the property to ensure that it is intact and in full working order, and the utility bill paid in full, the deposit shall be returned to the user by a check issued by the city’s finance department. The user shall be charged fifty dollars for metering each month plus the minimum water volume charge established by ordinance for all users inside city limits for all water metered. The user shall permit monthly reading of the meter by a city employee to establish the amount used for monthly billing purposes. Any action to impair the city’s ability to read the meter will result in the immediate return of the meter to the city and the user will not be permitted to make use of a city meter again for six months. A failure to return the meter will be deemed to be a purchase of the meter as described above. Privately owned meters are not permitted to be used to withdraw water from city hydrants and any water withdrawn by private meter is deemed a theft of water. (Ord. 1336 § 1, 2011: Ord. 1116 § 3, 2002).

12.16.120 Standby service.

The charge for fire protection service for any user shall be based on the riser or pipe size connection to the water main, and the charge shall be one dollar per diameter inch per month. No charge shall be made for water used in fire protection and the use of water through a fire protection connection for any other purpose shall be prohibited unless a meter has been installed. (Ord. 646 § 6, 1981: Ord. 530 § 3, 1977: Ord. 474 § 7, 1974: Ord. 403 § 4, 1970: Ord. 224 § 701.06, 1959: Ord. 164 § 701 (part), 1955).

12.16.130 Service outside city limits.

For all water and/or sewer service by users located outside the city limits, excluding customers with contracted water and/or sewer service agreements that specifically provide for such charges, the charge shall be one hundred fifty percent of the applicable rate charged within the city limits, including standby or fire protection service. (Ord. 1116 § 1 (part), 2002: Ord. 403 § 3, 1970: Ord. 224 § 701.07, 1959: Ord. 164 § 701 (part), 1955).

12.16.140 Rereading meter charge.

(a)    Obstructed Meter. Whenever it is necessary for the meter reader to return to any meter to read the same because of the fact that the meter is covered with debris, dirt or other material, or otherwise obstructed by material not placed into position by the city, making access to the meter difficult, then and in that event a service charge of five dollars shall be charged each time the meter reader must return to the premises, and the meter reader shall leave a notice with the occupant of the premises, and shall not return more often than each five days. (Ord. 1028 § 1 (part), 1999: Ord. 224 § 701.08, 1959: Ord. 164 § 701 (part), 1955).

12.16.145 Family apartment.

(a)    Whenever an apartment unit is constructed or exists as an extension of a single-family dwelling with common water and sewer service for the express purpose of housing family members or guests, the apartment and single-family dwelling will be considered a single unit for the purpose of determining utility rates; provided, that the following has been observed:

(1)    The owner or primary occupant does not receive moneys in any form for apartment rental.

(2)    The owner or primary occupant places on file with the city clerk a statement to the fact that the apartment is for the express use of family members and or guests, and that no moneys are received by the owner or primary occupant from the apartment occupant.

(b)    In the event that the city determines that the apartment unit is being used as an apartment rental, the city shall have the right to back-bill the owner or primary occupant for six months’ back service as a multiple unit and such utilities shall be subject to collection and shut-off as provided for in the Othello Municipal Code.

(c)    The owner or primary occupant shall be responsible for notifying the city in the event that the family apartment unit becomes an apartment rental, and thereby subject to multiple utility billings. Once the apartment has become an apartment rental, it shall remain on the city books as a multiple unit regardless of whether the unit is occupied or not, until such time as separate utility service is provided. (Ord. 689 § 2, 1983).

12.16.150 Separate family residences.

The sewer rate for the first unit of a separate family residence and for multiple-family residences, including each unit of an apartment, trailer court, duplex, triplex and all multi-dwellings, shall be as set forth in Appendix S to this chapter per month for the first unit or occupant and as set forth in Appendix S to this chapter for each additional unit or occupant thereafter. (Ord. 958-B § 1 (part), 1995: Ord. 773, 1988: Ord. 772 § 2 (part), 1988: Ord. 741 § 3 (part), 1985: Ord. 646 § 8 (part), 1981: Ord. 591 § 3, 1979: Ord. 474 § 8, 1974: Ord. 224 § 702.01, 1959: Ord. 164 § 702 (part), 1955).

12.16.155 Churches and noncommercial meeting facilities.

The sewer rates for churches and noncommercial meeting facilities wherein no commercial activity is regularly engaged, including sales of food or beverages, services for a fee or sales of goods, shall be as set forth in Appendix S to this chapter per month. (Ord. 958-B § 1 (part), 1995: Ord. 772 § 2 (part), 1988: Ord. 741 § 3 (part), 1985: Ord. 646 § 8 (part), 1981: Ord. 591 § 3, 1979: Ord. 574 § 1, 1978: Ord. 474 (part), 1984).

12.16.180 Schools.

The sewer rate for schools shall be as set forth in Appendix S to this chapter for each school, plus a charge for each student and each employee per month as set forth in Appendix S to this chapter. The number of students and employees, for billing purposes, shall be based upon enrollment figures obtained on October 1st for the regular school year and July 1st for summer school. The figures shall be obtained from the school office. (Ord. 1240 § 1, 2007: Ord. 958-B § 1 (part), 1995: Ord. 772 § 2 (part), 1988: Ord. 741 § 3 (part), 1985: Ord. 646 § 8 (part), 1981: Ord. 591 § 6, 1979: Ord. 224 § 702.04, 1959: Ord. 164 § 702 (part), 1955).

12.16.190 Commercial single occupancy users.

The sewer rates for commercial single occupancy water users shall be as set forth in Appendix S to this chapter per month for up to one thousand cubic feet of water used, plus a charge as set forth in Appendix S to this chapter for each additional one hundred cubic feet of water used. (Ord. 958-B § 1 (part), 1995: Ord. 772 § 2 (part), 1988: Ord. 741 § 3 (part), 1985: Ord. 646 § 8 (part), 1981: Ord. 591 § 7, 1979: Ord. 474 § 11, 1974: Ord. 224 § 702.05, 1959: Ord. 164 § 701 (part), 1955).

12.16.200 Commercial buildings with multiple units.

The sewer rate for a commercial building with multiple units where one water meter is installed for use by all units in the building, such units shall be classified as a multiple commercial unit. Charges for multiple commercial units shall be billed to a single applicant for the entire complex, and the sewer rate shall be as set forth in Appendix S to this chapter for first unit, plus a charge as set forth in Appendix S to this chapter for each additional unit. The sewer rate shall include all units, whether any unit is occupied or not, whenever the water is on to the entire building. (Ord. 1400 § 5 (part), 2014: Ord. 958-B § 1 (part), 1995: Ord. 772 § 2 (part), 1988: Ord. 741 § 3 (part), 1985: Ord. 646 § 8 (part), 1981: Ord. 591 § 8, 1979: Ord. 474 § 12, 1974: Ord. 224 § 702.06, 1959: Ord. 164 § 702 (part), 1955).

12.16.220 Motels.

The sewer rate for motels, hotels and inns shall be as set forth in Appendix S to this chapter per month for each establishment for up to one thousand cubic feet of water used, plus a charge as set forth in Appendix S to this chapter for each additional one hundred cubic feet of water used. (Ord. 958-B § 2 (part), 1995: Ord. 771 § 2 (part), 1988: Ord. 741 § 3 (part), 1985: Ord. 646 § 9, 1981: Ord. 620 § 1, 1980: Ord. 591 § 10, 1979: Ord. 474 § 13, 1974: Ord. 287 § 702.35, 1963: Ord. 164 § 702 (part), 1955).

12.16.230 Industries with no industrial discharge.

The sewer rate for industries with no industrial discharge, but connected to the municipal sewer system for the disposal of human excrement and other waste, shall be as set forth in Appendix S to this chapter per month plus a charge as set forth in Appendix S to this chapter per employee per month over three employees, based on the current payroll of the user each year. (Ord. 1400 § 5 (part), 2014: Ord. 958-B § 2 (part), 1995: Ord. 772 § 2 (part), 1988: Ord. 741 § 3 (part), 1985: Ord. 646 § 8 (part), 1981: Ord. 591 § 11, 1979: Ord. 474 § 14, 1974: Ord. 263 § 702.50, 1962: Ord. 164 § 702 (part), 1955).

12.16.240 Certification of payroll.

Sewer users covered by the rates in Section 12.16.230 regarding industries with no industrial discharge shall certify to the finance department, upon request, their current employee count and remit in full the monthly charges for the sewer service based upon the sewer use rate schedule. (Ord. 1400 § 5 (part), 2014: Ord. 1222 § 2, 2006: Ord. 263 § 702.60, 1962: Ord. 164 § 702 (part), 1955).

12.16.250 Permit—Lien on real property.

In consideration of the city granting a permit to any user, under Section 12.16.230, such user does grant to the city as a condition to the furnishing of the service, a lien upon the real property to which the connections are made or served, for any unpaid charges as provided herein, and the user, its successors, or assigns, shall be bound by all of the terms and conditions of this title, or any other ordinance, regulations, statutes or laws of the city, Adams County, state of Washington, or of the United States, governing, affecting or pertaining to the service rendered by the terms hereof, or the foreclosure of the lien, or the termination of the service. (Ord. 263 § 702.61, 1962: Ord. 164 § 702 (part), 1955).

12.16.260 Turning water off and on—When charged.

Customers shall be charged for turning water on and/or off as follows:

(a)    When the water is ordered turned on and service then discontinued in less than thirty days, a full month’s service charge will be made to cover the additional expense of turning on and shutting off;

(b)    When the water is ordered discontinued and supply ordered renewed by the same consumer in less than thirty days, a full month’s service charge will be made to cover the additional expense of turning on and shutting off;

(c)    After-hours (after three-thirty p.m.) call-out requests for public works to turn a water meter on or turn off will be charged an after-hours call-out rate (based on current cost to the city) per call-out. This call-out rate may be adjusted by union contract terms;

(d)    The fees as described in subsection (c) of this section may be waived, as determined by the public works director, when the water meter is turned on and turned off for repairs only;

(e)    When the water is turned off and on for seasonal request, the fee will be fifteen dollars to turn the water off, and fifteen dollars to turn the water on. (Ord. 1457 § 1 (part), 2015: Ord. 1400 § 5 (part), 2014: Ord. 164 § 703, 1955).

12.16.270 Sewer utility billings.

Monthly sewer service billings shall run from the sixteenth of one month to the fifteenth of the next month and shall be billed on the last working day of each month.

No charge will be made for sewer service to an account that is discontinued between the sixteenth of one month to the fifteenth of the next month; however, one full month’s sewer service charge shall be charged during the month that water and sewer service is ordered turned on for an occupant or owner.

Multiple industrial sewer connections to the city collection system serving a single complex shall be billed per the applicable rate schedule for each connection, as provided for in Appendix S to this chapter; except that only one connection shall be billed for the number of employees per month.

Multiple commercial sewer connections to the city collection system serving a single complex shall be billed per the applicable rate schedule for each connection, as provided for in Appendix S to this chapter, except that only one connection shall be billed for the water consumption.

Single-family dwellings billed under Section 12.16.150 are for a single sewer connection to the city collection system, and each additional service, not connected to the user’s side sewer, shall be billed as an additional service at the applicable rate for residences. (Ord. 1400 § 5 (part), 2014: Ord. 1226 § 1, 2006: Ord. 646 § 11, 1981: Ord. 164 § 704, 1955).

12.16.280 Charge schedule for future utility connections.

(a)    Water System.

(1)    Definitions.

“ccf” means one hundred cubic feet.

“Equivalent residential unit” means a volume of water equivalent to an average water consumption of twenty-one ccf per month.

(2)    Water utility general facilities charge for single-family residential, multiple-family residential, single unit commercial, and multiple unit commercial connections, including all commercial single and multiple occupancy buildings and businesses, motels, inns, institutions, and schools. The general facilities charge shall be paid to the city by the person desiring to make the connection, and shall be payable at the time the application is made for the permit to perform the work and make the connection.

Effective November 1, 1996, the water general facilities charge shall be as follows, plus applicable state taxes:

Meter Size

General Facilities Charge

1 inch

$1,200.00

1-1/2 inches

2,380.00

2 inches

3,820.00

3 inches

7,630.00

4 inches

11,930.00

6 inches

23,860.00

(3)    Water utility general facilities charge for industrial users, including handlers or processors of agricultural products, but excluding industrial customers with contracted water service agreements. New industrial customers shall be offered the opportunity to enter into a water service agreement upon terms determined by the council to be in the best interest of the water utility. If a new industry elects not to enter into a water service agreement, then the provisions of this section shall apply.

Effective November 16, 1996, the general facilities charge shall be seven hundred sixteen dollars per ERU, and shall be calculated per the following formula, plus applicable state taxes:

GFC = $716 *average water use (per ccf per month)/21 (per ccf per month)

If the water use for the industrial user exceeds the average water use for which the industrial user has paid a general facilities charge by more than five percent for two consecutive years, the industrial user shall purchase additional capacity in the city’s water system by paying an additional general facilities charge calculated by the above formula.

(4)    The owner shall provide all labor, equipment, material, and restoration costs associated with the installation, and the city shall provide and install the radio read meter and perform an inspection of the connection to the main line to ensure that proper procedures were followed. All work shall be to public works design standards current at the time of construction.

(5)    All funds collected as water utility general facilities charges, fire protection connection fees, and main connection charges shall be placed into the water account for use on capital projects of the utility.

(b)    Sewer System—Sewer General Facility Charges and Sewer Site Facility Charges.

(1)    Definitions.

“Sewer” refers to the city wastewater utility system including both sewage and storm-sewer (aka runoff/storm water/storm wastewater).

(2)    Sewer general facilities charges shall be as follows:

(A)    Sewer connections within the corporate limits and such other connections which will cause the discharge of sewerage through the existing sewer collection system but excluding the Cunningham Road trunk sewer, the general facilities charge shall be:

 

First Unit

Each Additional Unit

Residential

 

 

For each separate family residence or unit as defined in Section 12.16.150

$350.00

$40.00

Commercial, Schools and Institutions

 

 

For each separate occupancy as defined in Sections 12.16.180, 12.16.190, 12.16.200, 12.16.220 and 12.16.230

$350.00

$40.00

(B)    Sewer connections outside of the corporate city limits not using or receiving benefits from the existing in-town sewer collection system, but connecting to the Cunningham Road trunk sewer for treatment at the municipal sewer treatment plant, the general facilities charge shall be one hundred fifty percent of the applicable rate charged within the city limits.

(3)    Sewer site facilities charge shall be as follows:

(A)    Six-inch and smaller lateral side connections for a fee of two hundred fifty dollars.

(B)    Sewer site facilities charge for side sewers greater than six inches in diameter shall be based on actual cost to the city for the installation, but in no case shall it be less than two hundred fifty dollars per connection.

(4)    All funds collected as sewer general facility charges, site facility charges, and main connection charges shall be placed into the sewer account for use on capital projects of the utility.

(c)    Fire Protection.

(1)    The cost for fire protection connections and/or for a domestic service, referred to as a “wet tap,” shall be a minimum of one hundred fifty dollars or as established by the public works director. (Ord. 1532, 2019: Ord. 1478 § 1 (part), 2016: Ord. 1400 § 5 (part), 2014: Ord. 1151 § 1, 2003; Ord. 1116 § 1 (part), 2002: Ord. 1011 § 1, 1998; Ord. 998 § 1, 1997: Ord. 985 § 1 (part), 1996: Ord. 875, 1992; Ord. 820 § 1, 1990: Ord. 694 § 1 (part), 1984; Ord. 663 § 2, 1982; Ord. 646 § 10, 1981: Ord. 635 § 1, 1981: Ord. 591 § 12, 1979: Ord. 530 § 4, 1977: Ord. 474 § 15, 1974: Ord. 375, 1968: Ord. 290: Ord. 238: Ord. 164 § 705, 1955).

12.16.285 Main connection charges—General.

(a)    There shall be two types of water and sewer facility development projects, referred to:

(1)    Private subdivider- or developer-installed utilities; or

(2)    Publicly funded installed utilities. These shall be maintained and repaired by the city. All costs and expense of connecting the service line to the main and installing meters shall be borne by the property owner requesting utility services.

(b)    Where utilities have been installed at the expense of the private parties through or adjacent to property not within the boundaries of the project for which the utility was required, the developer may request to enter into a reimbursement agreement with the city as provided by state law. If such an agreement is entered into, the city shall not permit other property owners to connect to that installed main without payment of the compensation set forth in that agreement for the term of that agreement.

(c)    Where utilities have been installed with public funds through or adjacent to platted areas, the property through which the mains are extended or which are adjacent thereto shall be permitted a connection to the city main only after a payment or satisfactory arrangements for payment has been made to the city in accordance with the schedules established in this chapter.

(d)    Where utilities have been installed with public funds through or adjacent to unplatted areas, the platter of those unplatted areas shall be required, as part of the platting procedure, to reimburse the city for that portion of the main through or adjacent to the property to be platted. That reimbursement shall be in accordance with the schedules established in this chapter.

(e)    Payment Schedule.

(1)    Where utilities have been installed with public funds through unplatted areas, payment of the latecomers main connection charge shall be at the time of connection to the utility or upon platting unless an alternative schedule is arranged through a developers agreement approved by the council.

(2)    Where utilities have been installed with public funds through platted areas, the payment of the latecomers main connection charge shall be at the time the property is developed; building construction occurs; or when a change of use occurs, whichever is first. (Ord. 1478 § 1 (part), 2016: Ord. 1368 § 1, 2012: Ord. 1001 § 1 (part), 1997).

12.16.287 Main connection charges.

(a)    The city has elected to make the following publicly funded utilities as defined in Section 12.16.285. The city will seek reimbursement for such facilities by creating a right of reimbursement for such charges. Pursuant to Section 12.16.285, the city council has determined the city is entitled to assess the reimbursement associated with each such publicly funded utility as described in this section.

(b)    Main Connection Charges—Installed along South Broadway Avenue. Water main (sixteen-inch) installed by the city along South Broadway Avenue between Bench Road and Curtis Street shall cost twenty-five dollars per front foot for each side for property to be subdivided or served by a water connection. That per-front-foot reimbursement rate shall be adjusted upward commencing on June 1, 1999, by the change in the January to January All West Coast Cities CPI-W Index issued in 1999, and shall be so adjusted each June 1, thereafter using the same index or its successor.

(c)    Main Connection Charges—Installed along Fourteenth Avenue and Lee Street. Water main (sixteen-inch) installed by the city along Fourteenth Avenue between Olympia Street and Lee Street and along Lee Street between Fourteenth Avenue and Broadway Avenue shall cost twenty-five dollars per front foot for each side for property to be subdivided or served by a water connection. That per-front-foot reimbursement rate shall be adjusted upward commencing on June 1, 1999, by the change in the January to January All West Coast Cities CPI-W Index issued in 1999, and shall be so adjusted each June 1st thereafter using the same index or its successor.

(d)    Main Connection Charges—Installed along South 10th Avenue and Scootney Street Extended. Water main (twelve-inch) installed by the city south of McFarland Middle School and along 10th Avenue between Scootney Street Extended and Ash Street shall cost twelve dollars and eighty-three cents per front foot for each side for property to be subdivided or served by a water connection. The reimbursement allocation between property owners existing at the time of the installation of this water main based on frontage was:

(1)    The Othello School District as the owner of McFarland Middle School, with a frontage of one thousand three hundred ninety feet, seventeen thousand eight hundred thirty dollars and ninety two cents;

(2)    The Othello School District as the owner of Lutacaga Elementary School, with a frontage of one thousand feet, twelve thousand eight hundred twenty-eight dollars; and for the Michel Family Trust with an agreed frontage of two thousand three hundred ninety feet, thirty thousand six hundred sixty-two dollars and two cents. That per-front-foot reimbursement rate shall be adjusted upward commencing on June 1, 2003, by the change in the January to January All West Coast Cities CPI-W Index issued in 2003, and shall be so adjusted each June 1, thereafter using the same index or its successor.

(e)    Main Connection Charges—Installed along Columbia Street and SR 26. A ten-inch water main installed in April 2008 by the city of Othello from the east property line of the Burger King restaurant to an existing waterline located within the 7th Avenue right-of-way located at the City Well No. 5 property for a total of one thousand five hundred forty feet shall cost thirty-one dollars and sixty-six cents per front foot for property to be subdivided or served by a water connection. That per-front-foot reimbursement rate shall be adjusted upward commencing on June 1, 2011, by the change in the January to January All West Coast Cities CPI-W Index issued in 2011, and shall be so adjusted each June 1st thereafter using the same index for a period of ten years.

(f)    Main Connection Charges—Installed along Main Street and SR 17. A sixteen-inch water main extension installed as an emergency action by the city of Othello from the existing water in Main Street east to SR 17 then north and east to the wellsite for city of Othello Well No. 9. The reimbursement allocation between property owners existing at the time of the installation of this main:

 

Cost Per Foot

Proportional

Parcel Number

Length

Cost

2100450830100

$77.21

425

$32,814.25

1529030680048

$77.21

110

$8,493.10

1529030680647

$77.21

106

$8,184.26

2100450800100

$77.21

1,042

$80,452.82

1529030680009

$77.21

654

$50,495.34

1529030680008

$77.21

615.5

$47,522.76

1529030682515

$77.21

387

$29,880.27

1529030682520

$77.21

1,929

$148,938.09

1529032820003

$77.21

1,260

$97,284.60

2100450760100

$77.21

310.5

$23,973.71

2100450780100

$77.21

310.5

$23,973.71

(1)    That per-front-foot reimbursement rate shall be adjusted upward commencing on June 1, 2017, by the change in the January to January All West Coast Cities CPI-W Index in 2017, and shall be so adjusted each June 1st thereafter using the same index.

(g)    Main Connection Charges—Installed along Main Street and SR 17. A six-inch sewer forcemain extension installed by the city of Othello from the existing sewer main in Main Street east to the east side of SR 17. The reimbursement allocation between property owners existing at the time of the installation of this main:

 

Cost Per Foot

Proportional

Parcel Number

Length

Cost

2100450830100

$48.56

1,800

$87,408.86

2100450860100

$48.56

600

$29,136.29

2100450800100

$48.56

1,042

$50,600.02

1529030680048

$48.56

240.5

$11,678.80

1529030680647

$48.56

106

$5,147.41

1529030680009

$48.56

654

$31,758.55

1529030680008

$48.56

615.5

$29,889.98

1529030682515

$48.56

387

$18,792.91

(1)    That per-front-foot reimbursement rate shall be adjusted upward commencing on June 1, 2017, by the change in the January to January All West Coast Cities CPI-W Index in 2017, and shall be so adjusted each June 1st thereafter using the same index.

(h)    Main Connection Charges—Installed along Columbia Street on Parcel 1529030680156, described as Tax No. 156. A twelve-inch water main installed in 2018 from 7th Avenue east to the west boundary of Sagestone 8th Addition Major Plat, a total distance of 808.87 feet at a cost of fifteen dollars and fifty-four cents per front foot for each side of the street for property to be subdivided or served by a water connection. The per-front-foot reimbursement rate shall be adjusted upward commencing on June 1, 2020, by the change in the January to January All West Coast Cities CPR-W index issued in 2020, and shall be so adjusted each June 1st thereafter using the same index for a period of fifteen years from February 25, 2019, after which the reimbursement shall expire per RCW 35.91.020(2) and Section 16.52.010. (Ord. 1528 § 1, 2019; Ord. 1480 § 1, 2016; Ord. 1479 § 1, 2016; Ord. 1478 § 1 (part), 2016; Ord. 1294 § 1, 2009; Ord. 1119 § 1, 2002: Ord. 1001 § 1 (part), 1997).

12.16.290 Side sewer connections by public works department.

All new and replacement connections of lateral building sewer lines to the municipal sewer system shall be performed by a licensed and bonded contractor, under the supervision of the public works director. The contractor will be responsible for the purchase and installation of the riser, saddle or other connecting parts being attached to the municipal sewer line. As part of the new sewer line connection fee, the city shall furnish the saddle (on new connections only). All excavation, trench shoring, piping, bedding, backfill and restoration shall be performed by the applicant for such service in a manner approved by the public works department of the city. The city shall inspect and approve the connection before the contractor backfills the trench. (Ord. 1400 § 5 (part), 2014: Ord. 1116 § 1 (part), 2002: Ord. 646 § 12, 1981: Ord. 238 § 705.03, 1960: Ord. 164 § 705, 1955).

12.16.300 Payments from current expense fund.

The city shall pay to the water and sewer department from the current expense fund, the following amounts:

(a)    For each city fire hydrant connected to the water mains of the city, two dollars and fifty cents per month;

(b)    For all water and sewer service used in public buildings and parks, an amount figured at regular rates for each service installed. (Ord. 1400 § 5 (part), 2014: Ord. 709, 1984; Ord. 530 § 5, 1977: Ord. 164 § 706, 1955).

12.16.310 Payments on domestic service due.

All charges for domestic water and sewerage service shall be due and payable at the office of the city clerk on or before the tenth day after the bill has been issued, and shall become delinquent after the tenth day. The domestic water and sewage bill shall cover a period of one month and shall be issued upon a single statement. All payments and collections for domestic water service, and sewerage service shall be paid into the water and sewer revenue fund. (Ord. 164 § 707, 1955).

12.16.320 Lien.*

All charges for water and sewer connections and service, and all service charges, provided in this chapter, or as may be hereafter amended, together with penalties and interest thereon, shall be a lien upon the property with which such connections are made or to which such sewerage service or domestic water service is rendered, superior to all other liens and encumbrances whatsoever, except for general taxes and local special assessments. Enforcement of such lien or liens shall be in the manner provided by law. (Ord. 164 § 708, 1955).

*    Utility service lien, see RCW 35.21.290.

Sewerage system service lien, see RCW 35.67.200.

12.16.330 Enforcement of lien.

(a)    It is the intent of the city that all utility deliveries, whether water, sewer, garbage or some combination thereof, shall be deliveries of services and/or utilities to the property served. All such delivery of utilities and/or services shall be a claim against the property and a claim against the owner of that property served or furnished utilities and/or services. It shall be the responsibility of each property owner served by city utilities to determine the extent of utility services and deliveries being made and/or furnished to the owner’s property. It shall be the responsibility of the property owner to pay all claims, charges, penalties and/or costs imposed by the city for the furnishing and/or delivery of utilities and/or services to the owner’s property. The property owner’s responsibility shall exist independent of any claim of lien the city may have or make pursuant to any statute, rule or regulation. The fact that the owner has directed or allowed the billings for utilities furnished and/or services delivered to the owner’s property to be delivered to a tenant or other third person does not in any way reduce or extinguish the property owner’s responsibility for water, sewer and/or garbage billings, charges, costs or penalties imposed by the city. Upon a failure to pay the charges for water service, the amount thereof shall become a lien against the real property furnished the service as provided by law.

(b)    Payment for water service for any property shall become due and payable on the tenth day of the month following the month within which the service was rendered. If any amount becomes delinquent for more than thirty days after the original due date of the tenth of the month, the finance department shall give notice in writing to the owner or owner’s agent as officially listed in the city records, or the best address available, of such delinquency, advising that the water service shall be discontinued at the expiration of ten days thereafter unless the account is paid in full.

(c)    If the finance department determines it is necessary to terminate the utility service for nonpayment, a notice shall be posted on the service location allowing seven days prior to termination of service. The charge for this posting is twenty dollars, which shall be added to the water service account balance and billed simultaneously with the water/sewer/garbage billing for that month. In the event the city should proceed to terminate water service to any property which has failed to bring its account current after delivery of a written notice to the premises, the employee of the city dispatched to disconnect the water service shall make a reasonable effort to inform the user that water service is being terminated. The city employee may not accept payment of the delinquent amount or other fees from the user, but the employee shall not terminate water service to the property until the user has been afforded an opportunity of not less than thirty minutes in length to reach the City Hall and arrange to bring the account current. In the event the water service to a property is terminated for nonpayment of service charges, the service shall not be reconnected except after the account is paid in full and a turn on charge of forty dollars is paid.

(d)    Residential Rental Units and Tenant Accounts. In the event the city should proceed to terminate water service to any residential rental property which has failed to bring its utility account current after mailing of a written notice to the property owner, the employee of the city dispatched to notify the tenants of the impending termination of water service shall make a reasonable effort to inform the users that water service is being terminated. This notice will allow seven days prior to termination of water service. This is to allow time for the tenant(s) to resolve the delinquency with his or her landlord or to arrange for continued service. If requested, the city shall provide water, sewer, and garbage services to an affected tenant(s) on the same terms and conditions as other residential utility customers. At the end of this seven-day notice of pending disconnection of water service for nonpayment has been provided, if payment has not been made in full, the city shall deliver a thirty-minute notice of the intent to terminate water service. This notice shall be delivered by a city employee in a timely manner that would allow the tenant opportunity to satisfy the account during regular business hours. Included in the notice of the intent to terminate water service shall be information that the lack of running hot and cold water is in violation of the laws of the city related to use of a building for human occupancy and is grounds for eviction from the premises. Any expense, including reasonable attorney fees incurred by the city, as a result of termination of water service, shall become a water service charge against the account. The city employee providing such notice(s) may not accept payment of the delinquent amount from the user. (Ord. 1457 § 1 (part), 2015; Ord. 1400 § 5 (part), 2014: Ord. 1325 § 1, 2010: Ord. 1165 § 1, 2003; Ord. 1049 § 1, 1999: Ord. 1028 § 1 (part), 1999: Ord. 530 § 6, 1977: Ord. 288 § 1, 1963; Ord. 164 § 709, 1963).

12.16.340 Payment of accounts—Dispute resolution.

(a)    Water/sewer/utility charges shall be the responsibility of, and billed directly to the property owner of the address designated by the owner in writing. They shall be due and payable on the tenth day of the month following the month in which the service was rendered. If any account becomes delinquent more than thirty days, the city shall give notice in writing to the owner or the address the owner designated as listed in the city utility records, or the best address available, of such delinquency, advising that the city will exercise its statutory right as authorized by this chapter and state law to terminate water service to the premises in question at the expiration of ten days thereafter unless the account is paid in full. Such notice shall indicate that the delinquent user may contact the city or other responsible city official at City Hall during business hours to make arrangements to bring the account current. In the event the city should terminate water service to any property which has failed to bring its account current after mailing of written notice, the employee of the city dispatched to turn off the water service shall make a reasonable effort to inform the user that water service is being terminated. The city employee may not accept payment of the delinquent amount from the user, but the employee shall not terminate water service to the property until the user has been afforded an opportunity of not less than thirty minutes in length to reach the City Hall and arrange to bring the account current.

(b)    In the event the water supply is turned off, the same shall not be turned on again until all delinquent utility charges have been paid in full. The account shall be charged the sum provided by city ordinance as a water service turn on charge.

(c)    The city shall have a lien against the premises for unpaid water/sewer/utility charges as provided for by state law for unified utility billings.

(d)    The city shall inform all customers of the water/sewer/garbage utility of the city of the availability of a dispute resolution system in the event of a disputed water/sewer/garbage utility billing. Such notification shall occur via a notice on each billing that the customer may dispute the correctness of that billing by contacting the city finance office.

(e)    Customer Dispute.

(1)    At any time before the date of termination of water service for nonpayment of the amount shown on a water/sewer/utility bill, or a notice of termination, a customer may dispute the correctness of all or part of the amount shown in accordance with the provisions of this section.

(2)    The procedure for customer disputes shall be as follows:

(A)    Before the date of termination, the customer shall notify the finance office, in writing, that the customer disputes all or part of the amount completely as possible the basis for the dispute.

(B)    If the city administrator’s office determines that the present dispute is untimely or that the customer previously disputed the correctness of all or part of the amount shown, the finance office shall mail to the customer a notice stating that the present dispute is untimely or invalid. The city shall then proceed as if the customer had not notified the city of the present dispute.

(C)    If the city determines that the present dispute is not untimely or invalid under this section, the city, within three days after receipt of the customer’s notice, shall arrange an informal meeting between the customer and the finance office.

(D)    Based on the city’s records, the customer’s allegations and all other relevant materials available to the finance office, the administrator shall resolve the dispute, attempting to do so in a manner satisfactory to both the city and the customer.

(E)    Within five days of completion of the meeting, the finance office shall mail to the customer a copy of its decision resolving the dispute.

(F)    That decision shall be final and binding on the customer.

(3)    Utilization of this dispute procedure shall not relieve a customer of his obligation to timely and completely pay all other undisputed charges and/or installments and surcharges, and the undisputed portion of the amount which is the subject of the present dispute. Notwithstanding this section, failure to timely and completely pay all such undisputed amounts shall subject the customer to termination of water service in accordance with the provisions of this section.

(4)    Until the date of the decision of the city administrator’s office, the city shall not terminate the water service of this customer and shall not issue a notice of termination to this customer solely for nonpayment of the disputed amount. If it is determined that the customer must pay some or all of the disputed amount, the city shall promptly mail to, or personally serve upon the customer, a notice of termination, which shall contain the following:

(A)    The amount to be paid;

(B)    The date of the notice of termination;

(C)    The date of termination, which shall be at least ten days after the date of the notice of termination is issued;

(D)    Notice that unless the city receives complete payment of the past due amount shown prior to the date of termination, water service shall be terminated;

(E)    An informational telephone number. (Ord. 1400 § 5 (part), 2014: Ord. 1002 § 1, 1997).

 

Appendix S to Chapter 12.16 

Effective December 16, 2021, December 16, 2022, and December 16, 2023, the monthly sewer charges shall be as follows:

 

2022

2023

2024

Category

Effective December 16, 2021: Monthly Charge Inside City Limits

Effective December 16, 2021: Monthly Charge Outside City Limits

Effective December 16, 2022: Monthly Charge Inside City Limits

Effective December 16, 2022: Monthly Charge Outside City Limits

Effective December 16, 2023: Monthly Charge Inside City Limits

Effective December 16, 2023: Monthly Charge Outside City Limits

Separate family residence

$64.78

$97.16

$64.78

$97.16

$64.78

$97.16

Per additional residential unit or occupant

$60.97

$91.45

$60.97

$91.45

$60.97

$91.45

Churches and noncommercial meeting facilities

$64.78

$97.16

$64.78

$97.16

$64.78

$97.16

Schools

$64.78

$97.16

$64.78

$97.16

$64.78

$97.16

Schools—Per student and employee

$1.99

$2.98

$1.99

$2.98

$1.99

$2.98

Commercial single occupancy users for up to 1,000 cubic feet

$64.78

$97.16

$64.78

$97.16

$64.78

$97.16

Commercial single occupancy users—Each additional 100 cubic feet of water used over 1,000 cubic feet

$2.62

$3.92

$2.62

$3.92

$2.62

$3.92

Commercial—Multiple occupants—First occupant

$64.78

$97.16

$64.78

$97.16

$64.78

$97.16

Commercial—Multiple occupants—Each additional occupant

$54.20

$81.30

$54.20

$81.30

$54.20

$81.30

Commercial multiple occupancy users—Each additional 100 cubic feet of water used over 1,000 cubic feet

$2.62

$3.92

$2.62

$3.92

$2.62

$3.92

Motels—First 1,000 cubic feet of water used

$64.78

$97.16

$64.78

$97.16

$64.78

$97.16

Motels—Each additional 100 cubic feet of water used

$2.62

$3.92

$2.62

$3.92

$2.62

$3.92

Industries with no industrial discharge

$64.78

$97.16

$64.78

$97.16

$64.78

$97.16

Industries with no industrial discharge—Each additional employee over three

$1.99

$2.98

$1.99

$2.98

$1.99

$2.98

(Ord. 1570 § 1, 2021; Ord. 1519 § 1, 2018: Ord. 1443 § 1, 2015: Ord. 1376 § 1, 2012: Ord. 1314 § 1, 2009: Ord. 1224 § 1, 2006: Ord. 1116 § 1 (part), 2002: Ord. 1075 § 1, 2000: Ord. 1039 § 1, 1999: Ord. 1029 § 1, 1999: Ord. 958-B (part), 1995).