HomeMy WebLinkAboutUtilities 2013-11-04 Item 2A - Ordinance - Repeal Ord #2313 Section 14.04.320 City Payment for Fire Hydrant SupplyTO:
City of Tukwila
Jim Haggerton, Mayor
INFORMATIONAL MEMORANDUM
Mayor Haggerton
Utilities Committee
FROM: Peggy McCarthy, Finance Director
BY: Vicky Carlson, Deputy Finance Director
DATE: November 1, 2013
SUBJECT: Repeal Ordinance 2313, Section 14.04.320
Payment by City for Fire Hydrant Supply
ISSUE
Repeal Ordinance 2313, Section 14.04.320, which involves the City paying a monthly fee,
currently $20 per public fire hydrant, to the Water Department.
BACKGROUND
City -owned (public) fire hydrants and its service lines are maintained by the Water Department.
To recoup the cost of operations and maintenance, the General Fund (out of the Fire
Department's budget) transfers $8,640.00 per month, or $103,680.00 annually to the Water
Fund. Any privately owned fire hydrants and fire protection lines in the City's water jurisdiction
are billed a fire line charge on the customer's monthly water bills based on the size of the line.
DISCUSSION
Substitute House Bill (SHB) 1512, which pertains to fire suppression water facilities and
services provided by municipal and other water purveyors, was signed by the Governor on May
3, 2013 and made effective on July 28, 2013. SHB 1512 allows "a purveyor to allocate and
recover the costs of fire suppression water facilities and services from all customers as costs of
complying with state laws and regulations, or from customers based on service to, benefits
conferred upon, and burdens and impacts caused by various classes of customers, or both."
Several statutes and state regulations mandate fire hydrants as a prerequisite to providing water
service. The State laws and regulations specifically being referred to in SHB 1512 include "The
Public Water System Coordination Act, chapter 70.116 RCW; the design of public water
systems and water system operations requirements, chapter 246 -290 WAC Group A Public
Water Supplies, Parts 3 and 5; the State Building Code, chapter 19.27 RCW; and the
International Fire Code." The public fire hydrants which benefit the City's water customers are
currently being paid out of the General Fund, as opposed to the water customers paying for the
service.
Water customers directly benefit from the availability of fire hydrants and adequate fire flow.
Additional benefits to the water customer include higher property values and lower casualty
insurance rates. To include this cost in the customer's water rates will be a more equitable
allocation of recovering public fire suppression costs. Simplicity and ease of administration will
also be City benefits.
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INFORMATIONAL MEMO
Page 2
FINANCIAL IMPACT
The General Fund monthly transfer of $8,640.00 from the Fire Department to the Water Fund
will be discontinued effective January 1, 2014 and the General Fund will realize annual savings
of approximately $103,680.00. The Water Fund will have to absorb this change in 2014 and
may need to adjust water rates to recover the costs of the public fire suppression facilities in
2015. At this time there are sufficient reserves in the Water Fund to cover the changes for 2014.
The 2014 Public Works Fee Resolution currently proposed to Council on October 28 and
November 4, 2013 has removed the monthly public fire hydrant fee.
RECOMMENDATION
The Council is asked to repeal Ordinance 2313, Section 14.04.320 and remove the transfer of
public fire hydrant charges and consider this item at the November 12, 2013 Committee of the
Whole and subsequent November 18, 2013 Regular Meeting.
ATTACHMENTS
Draft Ordinance
Copy of Ordinance No. 2313
Z:IFinancellnfo Memo - Fire Hydrant Repeal Ord.docx
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AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
TUKWILA, WASHINGTON, REPEALING ORDINANCE NO.
2313, §1 (PART), AS CODIFIED AT TUKWILA MUNICIPAL
CODE SECTION 14.04.320, RELATING TO PAYMENT BY
THE CITY FOR WATER FURNISHED TO FIRE HYDRANTS;
PROVIDING FOR SEVERABILITY; AND ESTABLISHING AN
EFFECTIVE DATE.
WHEREAS, Ordinance No. 2313 set forth a procedure for the City to pay the
Tukwila water department a monthly fee for water furnished to each fire hydrant in the
City in accordance with a fee schedule to be adopted by motion or resolution of the
Tukwila City Council; and
WHEREAS, Substitute House Bill (SHB) 1512 allows "a purveyor to allocate and
recover costs of fire suppression and services from all customers as costs of complying
with state laws and regulations"; and
WHEREAS, Substitute House Bill 1512, which pertains to fire suppression water
facilities and services provided by municipal and other water purveyors was signed by
the Governor on May 3, 2013 and made effective on July 28, 2013; and
WHEREAS, it has been determined that water customers directly benefit from the
availability of fire hydrants and adequate fire flow and that to include this cost in the
customer's water rates will be a more equitable allocation of recovering public fire
suppression costs;
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF TUKWILA,
WASHINGTON, HEREBY ORDAINS AS FOLLOWS:
Section 1. Repealer. Ordinance No. 2313 §1 (part), as codified at Tukwila
Municipal Code (TMC) Section 14.04.320, "Payment by City for Fire Hydrant Supply," is
hereby repealed, thereby eliminating TMC Section 14.04.320.
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Section 2. Corrections by City Clerk or Code Reviser. Upon approval of the
City Attorney, the City Clerk and the code reviser are authorized to make necessary
corrections to this ordinance, including the correction of clerical errors; references to
other local, state or federal laws, codes, rules, or regulations; or ordinance numbering
and section /subsection numbering.
Section 3. Severability. If any section, subsection, paragraph, sentence, clause or
phrase of this ordinance or its application to any person or situation should be held to be
invalid or unconstitutional for any reason by a court of competent jurisdiction, such
invalidity or unconstitutionality shall not affect the validity or constitutionality of the
remaining portions of this ordinance or its application to any other person or situation.
Section 4. Effective Date. This ordinance or a summary thereof shall be published
in the official newspaper of the City, and shall take effect and be in full force and effect
January 1, 2014.
PASSED BY THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, at
a Regular Meeting thereof this day of , 2013.
ATTEST/AUTHENTICATED:
Christy O'Flaherty, MMC, City Clerk
APPROVED AS TO FORM BY:
Shelley M. Kerslake, City Attorney
Jim Haggerton, Mayor
Filed with the City Clerk:
Passed by the City Council:
Published:
Effective Date:
Ordinance Number:
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Ci of Tukwila
Washington
Cover page to Ordinance 2313
The full text of the ordinance follows this cover page.
AN ORDINANCE OF TItE CITY wuNat oF THE CITY OF TUKWILA,.
WASHINGTON, .REPEALING VARIOUS ORDINANCES AS CODIFIED Al'
TUKWILA MUNICIPAL CODE CHAPTER 1104 AND 1106 RFIA„TING TO
THE UPDATING AND EXPANDING OE THE REGULATIONS RELATING
TO WATER. RATES AND RACK:FLOW PREVENTION ASSEMBLIES
Wfl HEN EH[ crrY;. PROVIDING OR SEVERABIIITY; AND
ESTABLISHING AN EFFECTIVE DATE,
Ordinance 2313 was amended or repealed by the
following ordinances.
AMENDED BY: REPEALED BY:
2395 §1 (part)
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City of Tukwila
Washington
Ordinance No. 1.3
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TUKWILA,
WASHINGTON, REPEALING VARIOUS ORDINANCES AS CODIFIED AT
TUKWILA MUNICIPAL CODE CHAPTER 14.04 AND 14.06 RELATING TO
THE UPDATING AND EXPANDING OF THE REGULATIONS RELATING
TO WATER RATES AND BACKFLOW PREVENTION ASSEMBLIES
WITHIN THE CITY; PROVIDING FOR SEVERABILITY; AND
ESTABLISHING AN EFFECTIVE DATE.
WHEREAS, the City Council desires to have in place an equitable and adequate rate
structure to finance the operation and maintenance of the water utility; and
WHEREAS, the City Council desires to continue the pass - through rate increases
received from the City's water supplier; and
WHEREAS, the City needs additional revenues to adequately fund the Capital
Improvement Program for the water utility; and
WHEREAS, the administrative cost of servicing the water utility accounts increase
annually; and
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF TUKWILA,
WASHINGTON, HEREBY ORDAINS AS FOLLOWS:
Section 1. Regulations established. "Water Management Fees and Regulations," to
be codified at Tukwila Municipal Code (TMC) Chapter 14.04, are hereby established to
read as follows:
14.04.010 Definitions.
A. "Director," wherever used in TMC Title 14, means the Director of Public Works
or his or her designee.
B. "Department," wherever used in TMC Title 14, means the Department of Public
Works.
C. "Person," wherever used in TMC Title 14, means and includes natural persons of
either sex, associations, partnerships, or corporations, whether acting by themselves or
by a servant, agent or employee; the singular number includes the plural and the
masculine pronoun includes the feminine.
14.04.020 Application to Connect Required. Any person desiring to be connected
with the City water supply system shall make application therefor to the Department.
Applications shall be made upon a printed form furnished for that purpose, which
application shall contain a description of the property where such water supply is
desired, the size of the service pipe, and shall be signed by the owner of the property to
be served or his duly authorized agent.
14.04.030 Contents of Application. The application provided for in Section
14.04.020 shall contain a contract on the part of the person making the same to pay for
the water applied for at the rate and in the manner specified in such contract, and shall
reserve to the City the right to charge and to collect the rates and enforce the penalties
provided for in this chapter, in the manner herein provided; to change the rates at any
time by ordinance; to temporarily discontinue the service at any time without notice to
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the consumer; and shall specify that said contract is subject to all the provisions of this
chapter and of any ordinance of the City relating to the subject hereafter passed; and
shall provide that the City shall not be held responsible for any damage by water or
other cause resulting from defective plumbing or appliances in the property supplied
with water, installed by the owner or occupant of said property; and shall provide that
in case the supply of water shall be interrupted or fail by any reason, the City shall not
be held liable for damages for such interruption or failure, nor shall such interruptions
or failures for any reasonable period of time be held to constitute a breach of contract on
the part of the City or in any way relieve the consumer from performing the obligations
of his contract.
14.04.040 Effective Date of Contracts. All contracts shall take effect from the day
they are signed and rates shall be charged from the day the property is connected with
the City water supply.
14.04.050 Connection Procedure. Upon the presentation to the Director of the
receipt for the installation fees, the Director shall cause the property described in the
application to be connected with the City's water main by a service pipe extending at
right angles from the main to the property line and including a stopcock placed within
the lines of the street curb, which connection shall thereafter be maintained and kept
within the exclusive control of the City.
14.04.060 Installation and Apparatus Standards and Specifications. The current
requirements of the Tukwila Municipal Code, the Tukwila Public Works Department,
the Tukwila Fire Department, the Rules and Regulations of the Washington State
Department of Health, the Uniform Plumbing Code, American Water Works
Association Standards, and the American Public Works Association Standards shall be
met and apply to any and all water main installations, extensions, service connection,
irrigation sprinkler connections, hydrant connection, fire sprinkler and fire main
connections, and branches hereinafter installed in the City. Detailed criteria and permit
requirements are available through the City of Tukwila Infrastructure and
Development Standards.
14.04.070 Connection Installation Fees. The water meter shall be installed by the
City water utility. The water meter installation fee shall be payable at the time of
application for connection. Whenever the fee is not sufficient to cover the total expense
for labor, materials, and overhead, the deficit shall be charged to the property for which
installation was made and to the owner thereof. Any excess payment shall be returned
to the person applying for the installation.
14.04.071 Regular Connection Charge. In order that property owners shall bear
their equitable share of the cost of the City's entire water system, the property owner
seeking connection to the water system of the City shall pay, prior to connection to a
City water system, a regular water meter installation charge in accordance with the fee
schedule to be adopted by motion or resolution of the Tukwila City Council.
14.04.072 Special Connection Charge. In addition to the regular connection charge
imposed under TMC Section 14.04.071, a special connection charge shall be paid by the
owners of properties that have not been assessed or charged or borne the cost of private
development of mains or laterals or borne an equitable share of the cost of the City
water system. The special connection charge shall be computed as provided in TMC
Section 14.04.074 in the absence of latecomers' agreements, Local Improvement
Districts, or special assessment ordinances.
14.04.074 Computation of Special Connection Charge.
A. The special connection charge imposed by TMC Section 14.04.072 shall be paid to
the water fund and shall be computed in accordance with RCW 35.44.030 and 35.44.040.
B. If the property for which a special connection charge has been paid is
subsequently included in a Local Improvement District for the construction of water
mains or lateral lines of a similar nature, the amount so paid shall be credited to the
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assessment against such property and such amount shall be paid from the water fund to
such Local Improvement District fund.
14.04.076 Regional Capital Facilities Charge. In addition to the regular connection
charge imposed under TMC Section 14.04.071 and any special connection charges under
TMC Section 14.04.072, a regional system growth fee known as the Regional Capital
Facilities Charge (RCFC) shall be paid for all new residential, multi - family housing, or
commercial service connections on or after January 1, 2003, for regional capital costs
associated with new supply and transmission of water. Property owners shall pay the
RCFC prior to permit issuance for connection to a City water system. The fee for this
expense shall be established by the Cascade Water Alliance and passed through without
additional markup.
14.04.080 Connection Notification. Whenever the owner or occupant of any
property connected with the City water supply system desires to use the water, he shall
notify the Director and request that the water be turned on to the property. The owner
shall leave his portion of the service exposed in the trench until it has been inspected
and the water turned on, when he shall immediately cover the pipe.
14.04.090 Connection to Water Main. All water used for any purpose other than fire
protection service shall be supplied through a meter. Every house or building supplied
by City water must install its own separate service connection with the City main, and
the house or building so supplied will not be allowed to supply water to others, except
temporarily where there are no mains in the street. When a new main is laid in any
street, owners of property on the street who are being supplied with City water from a
private main or a connection to a private service shall make application for a tap and
shall connect up with a separate service connection to the main in front of the property.
14.04.110 Change in Size or Location of Connection. A change in the size or
location of a service connection shall be paid for by the owner on the basis of the cost of
materials and labor involved in making said change, plus administrative overhead.
14.04.120 Application to Discontinue Water - Fee to Turn Water Meter On.
Whenever any water customer desires to discontinue the use of water for a period of
not less than one month, he shall make written application to have the water turned off
and pay all arrears in full. A charge in accordance with the fee schedule to be adopted
by motion or resolution of the Tukwila City Council will be assessed to turn water on.
No reduction of rates will be made for less than one month, or without the application
prescribed in this section. Work performed outside of normal working hours, due to
customer request, will receive an additional charge in accordance with the fee schedule
to be adopted by motion or resolution of the Tukwila City Council
14.04.122 Special Meter Read. Whenever a water customer desires to have the
water meter read outside the water department's normal meter reading schedule, a
written application shall be submitted specifying the requested read date. A fee will be
charged for this meter reading service in accordance with the fee schedule to be
adopted by motion or resolution of the Tukwila City Council.
14.04.125 Charge for Shut -off Notices for Delinquent Water Service Billings.
A. When water service customers are 60 days in arrears, a shut -off notice shall be
mailed or posted. There shall be a service charge on water accounts for all shut -off
notices in accordance with the fee schedule to be adopted by motion or resolution of the
Tukwila City Council. This fee will be applied first before regular service charges are
credited.
B. All monies in arrears, which is defined as the amount owing eleven days after
the billing date, are due upon receipt of a shut -off notice. To avoid water shut -off,
arrangements for payment may be made with the Finance Director.
C. When water is used after the meter has been turned off and locked for non-
payment, an unauthorized water turn -on fee will be charged in accordance with the fee
schedule to be adopted by motion or resolution of the Tukwila City Council.
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14.04.130 Cost of Shutoff and Turn -on by City. When water has been shut off by
the City for any cause and is turned on again or allowed or caused to be turned on by
the owner without written application, no remission of rates will be made on account of
its having been shut off, and the Director may then shut off the water at the main or
remove a portion of the service connection in the street, and shall charge the actual cost
of cutting out and reinstating the water supply to the owner of the property
14.04.150 Water Utility Billing. All accounts for water shall be the responsibility of
the owner of the property for which the service was installed regardless of whether the
property has a tenant and /or third -party paying agents. A fee will be charged for the
administrative cost of updating the utility records for changes in owners, tenants, and
third party paying agents in accordance with the fee schedule to be adopted by motion
or resolution of the Tukwila City Council.
14.04.160 Chapter Compliance Required. It is unlawful for any person to make any
connection with any service or branch pipe thereof, or to make any repairs, additions,
or alterations of any pipe, stop, or waste, or any fixtures connected or designed to be
connected with the City water system, except in compliance with this chapter.
14.04.165 Water Shortage Response Plan. A water shortage response plan is
required by the wholesale water supplier, the Cascade Water Alliance, and by the
public welfare to effect conservation of water during water emergencies. A water
shortage response plan for the Tukwila water system, as required by WAC 246- 290 -42,
shall be updated by the Council as required.
14.04.170 Emergency Change in Water Use.
A. Upon finding that an emergency situation exists, the Director shall:
1. Immediately seek to communicate with the Mayor and Council through the
fastest means feasible to advise them of this emergency situation and the reason for
such restrictions.
2. Immediately take steps to notify the public within the service area affected
through the media and other means to advise said water users of such emergency water
conservation measures and the necessity thereof.
3. Implement such measures and regulations as may be necessary to implement
water use restrictions under this ordinance and the plan adopted in TMC Section
14.04.165.
B. The Mayor, upon finding that an emergency situation exists which threatens to
seriously disrupt or diminish the municipal water supply, may order restrictions on
water use so as to distribute the available supply on a just and equitable basis to all
customers, including residential, industrial and commercial users who purchase water.
C. Upon declaration of a water supply emergency by the Mayor, no water shall be
used for nonessential outdoor uses including, but not limited to, irrigation of lawns, the
washing of cars, driveways or other outdoor surfaces by any customer at any residence,
apartment building, commercial building, or property or structure except at such times
and under those conditions as specified by the Director. These restrictions are to be
implemented even though more restrictive than the plan provisions and shall in no way
limit indoor rationing provisions of the plan.
14.04.175 Violations.
A. The Director shall be authorized to impose sanctions and /or surcharges upon
those customers within the affected area who refuse or otherwise fail to comply with
the emergency conservation measures directed by levying a surcharge in accordance
with the fee schedule to be adopted by motion or resolution of the Tukwila City Council
and /or disconnecting water service to said customers.
B. The restrictions and surcharge shall not compromise the health, safety or welfare
of the public. Exemption from the imposition of a surcharge may be granted by the
Mayor or Director in the Mayor's absence, upon written request, if it is found that a
surcharge will constitute an undue burden on the customer.
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14.04.180 Water Falling on Street or Sidewalk. It is unlawful for any person
willfully to place any automatic sprinkling device in a wasteful manner or willfully to
place or to hold any hose in such position or manner that water falls on any person
while on any public street or sidewalk.
14.04.190 Violation of TMC Section 14.04.180. If any person violates any provision
of TMC Section 14.04.180, the City shall shut off the water furnished to the property
upon which such violation is made, and shall charge a fee for turning on the water in
accordance with the fee schedule to be adopted by motion or resolution of the Tukwila
City Council.
14.04.200 City Control of Water Use. The City reserves the right in case of a
shortage of water from any cause to make an order forbidding or suspending the use of
water for sprinkler or irrigation, or to fix the hours during which the same may be
done, by proper notice. Any person violating such order shall have his water shut off
by the City and shall pay a fee for having the water turned on again as in accordance
with the fee schedule to be adopted by motion or resolution of the Tukwila City
Council.
14.04.210 Use of Water Restricted During Fire. It is unlawful for any person to use
water for irrigation or sprinkling during the progress of any fire in the City, unless for
the protection of property; and all irrigation and sprinkling shall stop when an alarm of
fire is sounded, and shall not begin again until the fire is extinguished.
14.04.220 Right of City to Shut Off Supply. The City reserves the right at any time,
without notice, to shut off the water supply for repairs, extensions, nonpayment of
rates, or any other reason, and the City shall not be responsible for any damage such as
bursting of boilers supplied by direct pressure, the breaking of any pipe or fixtures,
stoppages or interruptions of water supply, or any other damage resulting from the
shutting off of water.
14.04.230 Meter Ownership and Maintenance. All meters on services of consumers
shall be and remain the property of the City. In all cases where meters are lost, injured
or broken by carelessness or negligence of owners or occupants, and in the case of
nonpayment, the water shall be shut off and will not be turned on until such fee and the
charge for turning on the water are paid. In event of the meter getting out of order or
failing to register properly, the consumer shall be charged on an estimate made by the
Director on the average monthly consumption during the last three months that the
same was in good order or from what he may consider the most reliable data at his
command.
14.04.240 Rates for Metered Water.
A. The rates for metered water supplied within the City for commercial/ industrial
customers, in one -month increments or any fractional part thereof, shall be in
accordance with the fee schedule to be adopted by motion or resolution of the Tukwila
City Council.
B. Single - family customers (one dwelling unit): Each single - family residence shall
be charged in accordance with the fee schedule to be adopted by motion or resolution of
the Tukwila City Council.
C. Multi- family customers (more than one dwelling unit): Each dwelling unit shall
be charged in accordance with the fee schedule to be adopted by motion or resolution of
the Tukwila City Council.
D. Every person 62 years of age or older (if married, then either spouse) and every
person totally and permanently disabled residing in a separately metered dwelling and
who is paying directly for such separately billed service either as owner, purchaser or
renter and whose individual disposable income if a single person, or whose combined
disposable income, if a married couple, from all sources is less than $32,000 per year,
shall pay a rate equal to 50% of all water service charges. Every such person shall file
with the Finance Department their affidavit that he or she is qualified to be charged the
special rate. Such affidavits are to contain information as required by the Finance
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Director in order to establish eligibility. Each affidavit will also include an unqualified
promise to inform the City of any changes in financial condition that would disqualify
the person for the special rates. The Finance Director may require affidavits on an
annual basis if deemed necessary.
E. Tukwila's current fee schedule will be reviewed annually and at such time the
City may amend the water rates to reflect the City's increased costs.
14.04.245 Water Bill Leak Adjustments. City Administrative Policy No. 300 -14,
"Utility Leak Adjustment Policy," is hereby adopted and incorporated into this chapter
by reference as if fully set forth herein. The Finance Director is required to maintain the
administrative leak adjustment policy. Changes to the policy require approval of the
City Council Finance and Safety Committee.
14.04.250 Fire Protection.
A. Any service connection to the main for a fire sprinkler system shall be approved
in advance by the City, and shall be installed at the expense of the owner, and fitted
only with such fixtures as are needed for fire protection and must be entirely
disconnected from those used for other purposes.
B. Any service connection other than fire sprinkler installed on private property for
fire protection, and fitted with fire hydrants, stand pipes or other outlets for fire
protection, shall be approved in advance by the City.
C. It is unlawful for any person to fail, neglect or refuse to give the Director or his
duly authorized representative free access at all reasonable hours to all parts of
premises supplied with water from the City mains for the purpose of inspecting the
condition of pipes and fixtures and noting the amount of water being used and the
manner in which it is used.
D. The rates for water supplied for fire protection purposes exclusively shall be
deemed service charges and shall be, for any one month or fractional part thereof,
charged in accordance with the fee schedule to be adopted by motion or resolution of
the Tukwila City Council.
E. Water used for any other purpose than for fire protection service shall be
deemed as theft and the owner will be made liable for the cost of water used and a
meter shall be required on any fire protection service connection.
14.04.260 Rates Outside City Limits. The rates for water supplied to consumers not
within the City limits shall be as follows: The same rate schedule as provided in TMC
Sections 14.04.240 and 14.04.250 shall apply. The above rates to consumers outside the
City limits are subject to the same rates to consumers inside the City limits, provided
that nothing in this section shall prevent the City Council from fixing other and
different rates for the sale of water to water districts, provided that all meters for
measuring water to outside consumers are installed within the City limits or within the
limits of easements, franchises, or rights -of -way belonging to the City.
14.04.270 Payment of Charges - Delinquency. All water charges and related fees
shall be due and payable on the first day of each and every month for the water
consumed and the services provided during the previous month and shall be paid to
the Finance Department. In all cases when the water bill becomes delinquent, the
Director may shut off the water and shall not turn it on again until all arrearages have
been paid. All bills will become delinquent on the eleventh day of the month following
the month that the water was consumed. Interest will be charged on delinquent
balances 30 days in arrears in accordance with the fee schedule to be adopted by motion
or resolution of the Tukwila City Council.
14.04.280 Failure to Receive Bill. Failure to receive a bill will not be recognized as a
valid excuse for failure to pay fees when due. Change of ownership of property and
change in mailing address must be filed in writing with the Finance Director.
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14.04.290 Bathing or Discarding Substance in City Water System. It is unlawful for
any person to bathe in or to throw any substance into any reservoir, water tank, or
impounding dams of the City water system.
14.04.300 Connection Without Permission. It is unlawful for any person to make
connections with any fixtures or to connect any pipe with any water main or water pipe
belonging to the water system or to open or to close any valves in the system without
first obtaining permission from the Director.
14.04.310 Supervisor Authority - Appeal to Council. The Director shall have
authority to decide any question that may arise and that is not fully covered in this
chapter, and his decision shall be final unless an appeal is made to the City Council. In
such a case, the decision of the Council shall be final.
14.04.320 Payment by City for Fire Hydrant Supply. The City shall pay to the
Tukwila water department a monthly fee for water furnished to each fire hydrant in the
City in accordance with a fee schedule to be adopted by motion or resolution of the
Tukwila City Council.
14.04.330 Temporary Water Meters.
A. Temporary water meters are available on a rental basis from the Public Works
Department, with the rental deposit amount charged in accordance with the fee
schedule to be adopted by motion or resolution of the Tukwila City Council.
B. Meters are to be used only for the designated project.
C. Meters are to be returned promptly upon completion of the project or at the end
of 60 days, whichever comes first.
D. Meters are to be returned in the same condition as when rented. The user is
responsible for meter damage and shall pay all costs related to repair. Lost or stolen
meters are the responsibility of the renter and renter shall pay all costs associated with
replacement of the meter, shall forfeit the rental deposit and shall pay for an estimated
amount of water used.
E. Meters may be moved from one hydrant to another within the same project
providing:
1. Water Department is notified in advance of proposed relocation;
2. Hydrant wrenches are used in making all connections and disconnections.
F. Rates for water usage through temporary meters shall be charged in accordance
with the June through September Commercial /Industrial fee schedule to be adopted by
motion or resolution of the Tukwila City Council.
Section 2. New Regulations Established. Provisions for "Backflow Prevention
Assemblies," to be codified at Tukwila Municipal Code Chapter 14.06, are hereby
established to read as follows:
14.06.010 Purpose of Chapter. The purpose of this chapter is to protect the public
water system from contamination due to backflow through cross - connections, and
eliminate or control cross - connections between the public water system and any private
water supply.
14.06.020 Authority.
A. The Public Works Director, or his or her designee, shall administer this chapter.
The Director's authority includes the establishment of regulations and procedures,
enforcement, and implementation of measures necessary to carry out the intent of this
chapter.
B. The Director promulgates and implements the City's policy on cross - connection
control for the operation of the Cross - Connection Control Program. The Cross -
Connection Control Program policy shall be enforced under the requirements of this
Chapter.
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14.06.030 Definitions.
A. "Backflow" means undesirable reversal of flow of water or other substances
through a cross - connection into the public water system or customer's potable water
system.
B. "Approved backflow prevention assembly" means a Reduced Pressure Principle
Assembly (RPPA), Reduced Pressure Detector Assembly (RPDA), Double Check Valve
Assembly (DCVA), Double Check Detector Assembly (DCDA), Pressure Vacuum
Breaker Assembly (PVBA), or a Spill- Resistant Vacuum Breaker Assembly (SVBA) that
is approved by the Washington State Department of Health (DOH). Assemblies that
will be approved will appear on the current approved backflow prevention assemblies
list developed by the University of Southern California Foundation for Cross -
Connection Control and Hydraulic Research or other entity acceptable to the DOH.
C. "Cross- connection" means any physical connection whereby a public water supply
is connected, directly or indirectly, with any other water supply system, sewer, drain,
conduit, pool, storage reservoir, plumbing fixture or other device which contains or
may contain contaminated water, sewage or other wastes or liquids of unknown or
unsafe quality, which may be capable of imparting contamination to a public water
supply as a result of backflow.
14.06.040 Cross - Connections Declared Unlawful. The installation or maintenance
of a cross - connection, which in the opinion of the Director, or his or her designee, will
endanger the water quality of the potable water supply of the City, is unlawful.
14.06.050 Approved Backflow Prevention Assemblies. Approved backflow
prevention assemblies, when required to be installed in the opinion of the Public Works
Director, or his or her designee, shall be installed and maintained by the service
customer on any service connection to the City's water supply system where said
approved backflow prevention assemblies are necessary for the protection of the City's
water supply.
14.06.060 Regulation of Private Water Supplies. Use or operation of a private water
supply system, contrary to the provisions of the ordinances of the City, or the laws of
the State, or the rules and regulations of the DOH regarding public water supplies
where said private system is served by the City public water supply, is unlawful.
14.06.070 Adoption of State Regulations. DOH rules and regulations regarding
public water supplies, entitled "Cross- Connection Control Regulation in Washington
State" codified at WAC 246 -290 -490, and the American Water Works Association,
Pacific Northwest Sections' Second Edition of "Accepted Procedure and Practice in
Cross - Connection Manual" as they presently exist or are hereafter amended, are
adopted by this reference as if set forth in full and are on file in the office of the City
Clerk.
14.06.080 Abatement of Unlawful Cross- Connections and Installation of
Approved Backflow Prevention Assemblies - Procedure. Cross - connections declared
in TMC Chapter 14.06 to be unlawful, whether presently existing or hereinafter
installed, and /or services requiring backflow prevention assemblies and /or unlawful
use or operation of a private water supply system served by the City public water
supply system are public nuisances, and in addition to any other provisions of this code
or the ordinances of the City where abatement of public nuisances shall be subject to
abatement in accordance with the following procedure:
1. In the event that the Public Works Director determines that a nuisance as herein
provided does exist, written notice shall be sent to the person in whose name the water
service is established under the records of the City water department, or alternatively, a
copy of such written notice shall be posted on the premises served.
2. The notice shall provide that the nuisance described herein shall be corrected
within 30 days of the date said notice is mailed or posted on the premises.
3. In the event said nuisance is not abated within the prescribed time, water service
to said premises shall be discontinued.
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4. In the event that the nuisance, in the opinion of the Public Works Director, or his
or her designee, presents an immediate danger of contamination to the public water
supply, service from the City water supply system to the premises may be terminated
without prior notice, provided, however, notice will be posted on the premises in the
manner heretofore provided at the time said service is terminated.
14.06.090 Penalties. Any violation of any provision, or failure to comply with any of
the requirements of TMC Chapter 14.06, shall be subject to the terms and conditions of
Chapter 8.45 ( "Enforcement ").
Section 3. Repealer. Ordinance Nos. 951 §1 (part), 1770 (part), 1766 §1 (part),
1798 §2, 2001 §1, 2187 (part), and 2252 §1 (part) are hereby repealed.
Section 4. Severability. If any section, subsection, paragraph, sentence, clause or
phrase of this ordinance or its application to any person or situation should be held to
be invalid or unconstitutional for any reason by a court of competent jurisdiction, such
invalidity or unconstitutionality shall not affect the validity or constitutionality of the
remaining portions of this ordinance or its application to any other person or situation.
Section 5. Effective Date. This ordinance or a summary thereof shall be published
in the official newspaper of the City, and shall take effect and be in full force and effect
five days after passage and publication as provided by law.
PASSED BY THE CITY COUNCIL OF THE CITY OF TKWILA, WASHINGTON, at a
Regular Meeting thereof this / S 7N day of I/ 011 Q eel b-k! , 2010.
ATTEST / AUTHENTICATED:
���It /nagger ayor
Christy O'Flal{erty, CMC, City Clerk
iled with the City Clerk: - -I 0
APPR• QED AS ' •RM BY: Passed by the City Council: i 5 -
Published:
Effective Date: 11-4/0 -
Offi •f the C. ! Att•� ney Ordinance Number: Li
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City of Tukwila Public Notice of Ordinance Adoption for Ordinances 2313 -2315.
On November 15, 2010 the City Council of the City of Tukwila, Washington, adopted
the following ordinances, the main points of which are summarized by title as follows:
Ordinance 2313: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
TUKWILA, WASHINGTON, REPEALING VARIOUS ORDINANCES AS CODIFIED
AT TUKWILA MUNICIPAL CODE CHAPTER 14.04 AND 14.06 RELATING TO
THE UPDATING AND EXPANDING OF THE REGULATIONS RELATING TO
WATER RATES AND BACKFLOW PREVENTION ASSEMBLIES WITHIN THE
CITY; PROVIDING FOR SEVERABILITY; AND ESTABLISHING AN EFFECTIVE
DATE.
Ordinance 2314: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
TUKWILA, WASHINGTON; REPEALING VARIOUS ORDINANCES AS CODIFIED
AT TUKWILA MUNICIPAL CODE CHAPTERS 14.08, 14.12 AND 14.16
RELATING TO THE UPDATING AND EXPANDING OF THE REGULATIONS
RELATING TO SEWER RATES AND DISCHARGE WITHIN THE CITY;
PROVIDING FOR SEVERABILITY; AND ESTABLISHING AN EFFECTIVE DATE.
Ordinance 2315: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
TUKWILA, WASHINGTON, AMENDING TUKWILA MUNICIPAL CODE CHAPTER
5.04 "BUSINESS LICENSES AND REGULATIONS" TO UPDATE THE ISSUING
DEPARTMENT AND TO CLARIFY PROCEDURES FOR DENIAL OR
REVOCATION; REPEALING VARIOUS ORDINANCES AS CODIFIED AT
TUKWILA MUNICIPAL CODE CHAPTERS 5.04, " BUSINESS LICENSE AND
REGULATIONS, 5.16, "CARD AND POOL ROOMS," AND 5.40, "MASSAGE
ESTABLISHMENTS "; PROVIDING FOR SEVERABILITY; AND ESTABLISHING
AN EFFECTIVE DATE.
The full text of these ordinances will be provided upon request.
Christy O'Flaherty, CMC, City Clerk
Published Seattle Times: November 18, 2010
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