Chapter 13.18


13.18.010    Purpose.

13.18.020    Contracts authorized.

13.18.025    Water utility tax.

13.18.030    Raw water rates and use limitations.

13.18.040    Water meters.

13.18.050    Water supply limitations.

13.18.060    Water supply interruptions.

13.18.070    Water quality.

13.18.080    Resale of water.

13.18.090    Discontinuation of water service.

13.18.010 Purpose.

The city owns the Olympic Gravity Water System which delivers untreated raw water from the Quilcene Watershed to the city of Port Townsend and Quimper Peninsula. The provisions of this chapter apply to the sale of raw water to regional wholesale water purveyors or private industrial users. The city does not incur the cost of filtering or treating the raw water and therefore a separate customer classification is created under the provisions of this chapter. (Ord. 3279 § 1 (Exh. A), 2021).

13.18.020 Contracts authorized.

The city may contract for the sale and delivery of raw water through its Olympic Gravity Water System for regional wholesale use or industrial purposes. Contracts shall specify allowable uses, usage limitations, and rates. The power of the council to enter into any such contract for the city shall be deemed to be permissive and wholly at the discretion of the council. In construing the mandate of this chapter, the right of contract shall be deemed precatory and not mandatory. In the case of conflicts between this code and a contract, the contract shall prevail. (Ord. 3279 § 1 (Exh. A), 2021).

13.18.025 Water utility tax.

When a contract for the sale and delivery of raw water includes an administrative or overhead fee that reimburses the city for the reasonable costs of administering the contract, the revenue generated from the contract will be excluded from the water utility gross revenue prior to calculating the tax imposed by Chapter 5.84 PTMC. (Ord. 3279 § 1 (Exh. A), 2021).

13.18.030 Raw water rates and use limitations.

All raw water rates and charges for city water service to regional wholesale and industrial customers shall be as set forth by council resolution, except as provided in a contract between the city and a customer. When the contract between a customer and the city provides for rates and charges based on the amount of committed volume or flow rate of water for delivery by city to the customer, the city shall have no obligation for water delivery to a contract customer in excess of committed volume or flow unless otherwise agreed between the city and customer. (Ord. 3279 § 1 (Exh. A), 2021).

13.18.040 Water meters.

All water sales shall be based on metered water. The city shall own and maintain all water meters. The customer may request meters to be tested and recalibrated. If the meter is accurate, the customer will pay for the cost of the test; but if the test reveals an inaccuracy of more than one point zero percent, all billings for water from one year prior or the date of the preceding calibration whichever is less will be adjusted. The adjustment will be for the full amount in excess of one point zero percent. If metered water use is incomplete or inaccurate for a monthly billing period, the city may bill the customer for such period based on estimated water use for any missing metered days. The city may estimate use based on the average day demand for the preceding month multiplied by the days in operation. (Ord. 3279 § 1 (Exh. A), 2021).

13.18.050 Water supply limitations.

The city may, through its administrative officials, regulate the use of water and may limit the use of water in the event of shortage. Water supply priority shall be for city municipal system first with wholesale and industrial raw water users having junior priority. The city shall have the authority to install water flow control valves to regulate flow if necessary. The city shall not be responsible for any damages caused to the customer by reason of decreased water supply. (Ord. 3279 § 1 (Exh. A), 2021).

13.18.060 Water supply interruptions.

In case of emergency, or whenever the public health, safety, or the equitable distribution of water so demands, the public works director may authorize changes to reduce or limit water delivery, or temporarily discontinue the delivery of water. Water service may be temporarily interrupted for purposes of making repairs, water system improvements or doing other necessary work. Before so changing, reducing, limiting or interrupting the use of water, the public works department shall notify, insofar as practicable, all water consumers affected. The city shall not be responsible for any damage resulting from interruption, change or failure of the water supply system. (Ord. 3279 § 1 (Exh. A), 2021).

13.18.070 Water quality.

The city shall not be liable to any customer of raw water or to any person using the same, on account of the use of such water for any purpose for which the same is unsuitable because of lack of filtration or treatment. (Ord. 3279 § 1 (Exh. A), 2021).

13.18.080 Resale of water.

Resale of raw water shall be prohibited unless expressly approved by the city by agreement. (Ord. 3279 § 1 (Exh. A), 2021).

13.18.090 Discontinuation of water service.

The city shall not be liable for discontinuation of water service due to uncontrollable circumstances. (Ord. 3279 § 1 (Exh. A), 2021).