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HomeMy WebLinkAbout4096 Ordinance ORDINANCE NO. (-16.1 AN ORDINANCE of the City of Pasco, Washington, unifying and revising the City procedures for utility billing with amendments to Title 3 "Revenue and Finance" and Title 13 "Water and Sewer" WHEREAS, the City operates several utility services including water, sewer, stormwater, irrigation and ambulance service utilities which have heretofore had separate procedures for application,billing and collections; and WHEREAS, changes in the City's financial systems and procedures and definitions under the Generally Accepted Accounting Principles (GAAP) warrant changes in the City's Code to update its Code and provide for consistency in the utility billing system; and WHEREAS, unifying utility billing systems will provide a more efficient means of administering the City's utilities and provide a more convenient and equitable system for the City's utility customers;NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF PASCO, WASHINGTON, DO ORDAIN AS FOLLOWS: Section 1. That the following Sections of the Pasco Municipal Code shall be and hereby are repealed in their entirety: A) Section 13.04.080 entitled"Liability for Water and Sewer Charges." B) Section 13.16.030 entitled"Billing." C) Section 13.16.035 entitled"Utility Deposits." D) Section 13.16.040 entitled "Failure to Receive Mail Change in Address or Ownership." E) Section 13.16.050 entitled"Delinquent Bills." F) Section13.16.060 entitled"Back Bills Payment Required." G) Section 13.16.070 entitled "Acceptance of Contract." H) Section 13.16.090 entitled"Miscellaneous Charges." I) Section 13.16.100 entitled"Change of Occupancy and Fractional Months." J) Section 13.16.120 entitled "Unauthorized Turn On." K) Section 13.20.040 entitled"Other Minimum Monthly Rates." L) Section 13.24.020 entitled"Accounting of Readings." M) Section 13.40.050 entitled"Other Minimum Monthly Rates." N) Section 13.48.010 entitled"Lien for Water Sewer Charges." 0) Section 13.60.080 entitled"Stormwater Management Fund." P) Section 13.60.085 entitled"Sewer Utility Funding Source." Q) Section 13.60.090 entitled"Billing." R) Section 13.60.100 entitled"Remedies.," S) Section 13.61.090 entitled"Unauthorized Turn On." 1 T) Section 13.61.200 entitled"Irrigation Water Fund." U) Section 13.61.210 entitled`Billing." V) Section 13.61.220 entitled "Remedies." W) Section 13.60.120 entitled"Liens." X) Section 13.61.090 entitled"Unauthorized Turn On." Y) Section 13.61.250 entitled"Liens." Section 2. That Section 3.05.026 entitled"Collection of Monthly Utility Service Fee" of the Pasco Municipal Code, regarding the "Ambulance Service Fund" shall be and hereby is amended to read as follows: 3.05.026 COLLECTION OF MONTHLY UTILITY SERVICE FEE. The ambulance utility service fees shall be collected on a monthly basis at the rate designated in Chapter 3.07 and be billed as part of the city's combined monthly utility billing process as contained in Chapter 3.200 from each owner of a residential dwelling unit (for the "family residential" classification and for the "multi- family residential" classification to the extent that each unit is separately billed for utilities) and from the owner of each commercial /business or industrial facility (for classifications other than "family residential" and separately billed "multi- family residential"units). The City Manager, or his designee, shall be responsible for the billing and collection of the utility service fee. Payment of the utility service fee shall be due and owing thirty(30) days after Section 3. That Section 3.05.027 entitled "Responsibility for Utility Service Fee" of the Pasco Municipal Code regarding the "Ambulance Service Fund" shall be and hereby is amended to read as follows: 3.05.027 RESPONSIBILITY FOR UTILITY SERVICE FEE. The customer for ambulance utility service shall be personally liable for all utility charges applicable to the property for which service is rendered from the time the service begins until the service to that customer is terminated or the account is closed. The owner of each commercial /business and industrial facility shall be jointly and severally responsible and liable for the utility service fee. billed. In the event the utility service fee is included in the billing for water and /or sewer charges, any payments received shall be deemed to be first applied against the ambulance utility service fee applied in the priority provided in section 3.200.030 (B). Section 4. That Section 3.07.150 entitled "Fee Summary — Utilities - Billing" of the Pasco Municipal Code, shall be and hereby is amended to read as follows: 2 3.07.150 UTILITIES—BILLING: Fee/Charge Reference ■ A) Account Set UpApplication Fee $25.00 1 11 Service to new connection $15.00 13.16.010 21 Service to existing connection $15.00 3.200.140 (A) Utility Deposit Water Consumption Factor $75.00 3.200.040 CB) Recon./delinquent service before 1:30 $50.00 13.16.0903.200.14 p m Disconnect Collection Fee 0(C) al Field Service 11 Field Service Fee $15.00 3.200.140(D) 2) After Hours Fee $75.00 3.200.140(E) 3) After Hours Fee/Collection $25.00 3.200.140(F) I i ED) Unauthorized turn on (any repairs east $50.00 3.200.11013.16.12 1 alditient*Reconnect Penalty 0 FE) Late Ppay Ppenalty $105.00 13.16.050 R. 13.16.090(B)3.200 .140(B) GI Collection Notification Fee $10.00 3.200.140(B) III Debit Card Convenience Fee (Counter) $0.50 3.200.140(G) D Debit/Credit Card Convenience Fee (Web) $1.50 3.200.140(G) 1) Online Processin Assistance Fee $3.00 3.200.140(H) K) Phone No Assist Payment Fee $2.00 3.200.140(H) EL) Meter test (accuracy test of meter) $60.00 13.24.030 GM) Fire Line—per month $8.00 13.28.060 SIN) Meter repair $100.00 plus 13.24.100 time/material TO) Sewer tap and inspection (In/Out City) $75.00 13.52.140 1P) Water tap application fee (each) $150.00 3 1 Section 5. That a new Chapter 3.200 entitled "Utility Billing Management" of the Pasco Municipal Code, shall be and hereby is created and shall read as follows: Chapter 3.200 UTILITY BILLING MANAGMENT Sections: 3.200.010 Definitions, 3.200.020 Application for Utility Service - Existing Connection: 3.200.030 Acceptance of Contract.- 3.200.040 Deposits 3.200.050 Accounting of Readings.- 3.200.060 Billing Frequency.- 3.200.070 Change of Occupancy and Fractional Months: 3.200.080 Delinquency.- 3.200.090 Failure to Receive Mail - Change in Address or Ownership.- 3.200.100 Back Bills - Payment Required- 3.200.110 Unauthorized Reconnection- 3.200.120 Lien for Utility Charges, 3.200.130 Liability for Utility Charges/Release of Lien, 3.200.140 Miscellaneous Utility Charges.- 3.200.150 Senior Discount: 3.200.160 Hearing and Appeal: 3.200.010 DEFINITIONS. For the purpose of this Chapter, certain terms or words shall be interpreted or defined as follows. Except as defined in this section all words in this title shall carry the customary meanings. Words used in the present tense include the future and the future includes the present and the plural includes the singular and the singular includes the plural. A) "Application" means an application for utility services at a designated service location by written, telephonic, or electronic request and verified by the applicant as accurate. The application is a request for service and does not, in itself, bind the City to provide utility service. The City's acceptance of the application by providing access to the utility shall constitute a contract between the applicant and the City incorporating the terms and responsibilities of this Title. B) "Bill", "billing", "utility bill" means the accounting to utility customers of all monthly recurring charges, payments received, adjustments and balances for activity relating to the ambulance, water, sewer, stormwater and irrigation systems. C) "Customer" means any person or entity to whom utility services are provided by the City, including the owner, occupants, spouses, domestic partners, and other non-dependent residing in the residential properties receiving benefit from the utility and, all owners and occupants of commercial and industrial properties receiving a benefit from the utility. 4 D) "Field service business hours" means Monday through Friday from 8:00 a.m. to 4:30 p.m. excluding holidays where city offices are closed. E) "Field service nonbusiness hours" means any other days and time outside of field service business hours. F) "Manager" means the Finance Manager, and his or her designee. G) "Office business hours" means Monday through Friday from 8:00 a.m. to 5:00 p.m. excluding holidays where city offices are closed. H) "Office nonbusiness hours" means any days and hours not included in office business hours. I) "Owner" and "Property Owner" means the legal owner of record as listed by Franklin County or other legal documentation and shall include a person purchasing real estate under a recorded land purchase contract so long as the person warrants that he or she has the authority under the terms of the contract to commit for utility services to with the property in such manner. J) "Owner account" means a utility account for a service location for which the owner is responsible for payment. K) "Paid" means payment that has been received, processed and posted to the customer's utility account. L) "Service — existing connection" means any request for service provided through an existing water system, irrigation system, stormwater system or existing sewer system service connection. M) "Service — new connection" means any request for service that requires an additional connection to the water system, irrigation system, stormwater system or the sewer system. N) "Tenant" means anyone who is not the property owner and who has permission from the owner to reside or occupy a service location whether rent is involved or not. 0) "Tenant account" means a utility billing account for which the tenant is responsible for payment. P) "Utility billing office" means the office inside City Hall, which is located at 525 N 3rd Ave Pasco, WA where the cashiering and billing takes place. It specifically excludes the drop box located at City Hall or any other location. 5 Q) "Utility charges" means any and all charges, fees, penalties and interest processed through the city utility billing system. 3.200.020 APPLICATION FOR UTILITY SERVICE - EXISTING CONNECTION. Utility services shall only be provided upon an application for utility services for an existing utility connection or for obligations for new utility connections through the City utility billing office. The applicant shall: A) Provide the applicant's name and indicate whether the applicant: 1) Is the legal property owner of record or is purchasing the property under a recorded land purchase contract and thereby requests an owner account, or 2) Is applying for service as a tenant and thereby requests a tenant account. Written proof that the applicant has permission from the property owner of record or the person purchasing the property under a recorded land purchase contract (whichever is applicable)to make the application must accompany the application; B) Give the names of their spouse and all non-dependents residing on or using the property; C) Agree to conform to all ordinances, rules and regulations now in existence and as hereafter amended or supplemented governing the utilities, including but not limited to, agreement that only authorized employees of the City shall be permitted to turn the water on; D) Agree that the City shall have the right to shut off the water supply at any time without prior notice for repairs, extensions, nonpayment of rates, or for other good cause, and that the City shall not be responsible for any damage caused by breaking, bursting or collapsing of any boilers, pipes or fixtures, or by the stoppage or interruption of the water supply, or any damage whatever resulting directly or indirectly from the shutting off of the water; as a condition precedent to receiving water service; E) Provide proof of identification. F) Provide a local phone number for collection notifications. 3.200.030 ACCEPTANCE OF CONTRACT. A) If utility service is provided as a result of an application being accepted, the application shall be considered a contract in which the applicant agrees to abide by such rates, rules and regulations as are in effect at the time of signing the application, or as may be adopted or modified thereafter by the City, and to pay all bills promptly. B) Payments received to the City for utility services shall be applied against outstanding utility charges in the following order: 6 1) Late fees. 2) Unpaid utility accounts commencing with application of the oldest balances due to the newest and most current charges. 3) Payments shall be applied to accounts sharing the same due date in the following order: a) Ambulance utility service fee. b) Stormwater utility fee. c) Irrigation d) Water e3) Sewer 3.200.040 DEPOSITS. Owner accounts are exempt from the deposit requirements of this section. A) Deposits Required on Initial Service. At the time of application for utility service, the manager; shall require an applicant for city utility services to deposit with the City an amount of money to be held as security for the payment of all bills and claims for such utility service. Such deposit shall be an amount equivalent to three times the base fees for all services applicable to an occupied unit at the service location (excluding City irrigation system service) the total to which an additional water consumption factor amount as specified in PMC 3.07.150 B) will be added if the location is served by the City domestic water system. Applicable surcharges to outside City service rates shall also apply to the deposit calculation. A customer shall make a deposit or satisfy the credit policy described in subsection B of this section before utility services will be provided. B) Deposit Waiver. Accounts opened prior to February 28, 2013 and for which the deposit was waived shall continue to be waived until the account is closed or until such time as required by subsection C) to be paid. 1) The account has been assessed a Disconnect Process Collection Fee. C) Deposits on Continued Service. Any utility customer that has a tenant account that was opened prior to February 28, 2013 shall pay a deposit at the then current rate if the customer has: (1) Within a 12-month period, had two or more defaulted or delinquent payments; or 7 (2) The customer, having filed bankruptcy, request continuing utility services by making the deposit as adequate assurance of payment for utility services, or in such other deposit amount as may the Bankruptcy Court may order. (3) The account has been assessed a Disconnect Process Collection Fee. D) Interest on Deposits. Deposits collected under this section shall not bear interest. E) Refund of Deposit. The deposit, or any portion thereof not utilized for the payment of charges required by this title may: 1) Be refunded to the customer upon termination of utility services; or 2) Upon termination of utility services at one location, be transferred to a new utility customer service location within the City; 3.200.050 ACCOUNTING OF READINGS. The Finance department will keep an accurate account on its books of the readings of meters, and such accounts so kept shall be prima facie evidence of the use of water service by the customer and shall be the basis on which all bills are calculated for metered service. 3.200.060 BILLING FREQUENCY. The City Manager shall establish utility billing on a basis whereby each customer will receive a billing approximately once a month. 3.200.070 CHANGE OF OCCUPANCY AND FRACTIONAL MONTHS. Each customer about to vacate any premises, or who desires utility service discontinued for any other reason, shall give written notice of his desire, specifying the date service is to be discontinued; the meter will be read and a bill rendered. 3.200.080 DELINQUENCY. A) All utility charges shall be due immediately upon billing and become delinquent if not paid in full twenty days after the date of billing. Late fees, penalty fees and collections fees are considered delinquent when assessed. B) Notice of delinquency shall be sent on the subsequent monthly bill informing the customer that a late pay penalty fee has been added and if payment for all delinquent charges is not received by the date, time and location listed on the notice, additional fees will be incurred and water service may be stopped without further notice. Delinquent charges for which payment has not been received by ten days past the subsequent monthly bill date shall be sent a phone notification to the designated local phone number on file stating the date and time by which payment must be received in order to be excluded from the disconnect collection process. Delinquent charges for which payment has not been received by twelve days past the subsequent monthly bill date shall be subject to disconnection of water service until payment has been received for all delinquent charges unless the manager and the customer establish a written and signed payment arrangement to provide for payment of all charges billed and expected to be 8 billed by the last payment date of the arrangement. Payment arrangements are not automatic and are to be based on a written policy established by the City Manager and administered by the manager. Failure to adhere to the written arrangement will result in additional fees as specified in Chapter 3.07 and disconnection of water service without further notice. If an account is processed through the disconnect collection process for two consecutive months or any three times within the last twelve months, the manager may require payment for all current as well as delinquent charges be received prior to reconnecting water service. C) A separate delinquent notice, in addition to the notice pursuant to paragraph (B) shall be delivered to the service location of multi-family properties at least seven days prior to scheduled disconnection of service to provide tenants the opportunity to contact the landlord or to arrange payment prior to the disconnection of service. D) In the event of a turn-off for non-payment of a delinquent account, the water shall remain turned off until the delinquency and all resulting charges are paid in full unless: 1) The property has been released from responsibility for utility charges pursuant to Section 3.200.130, in which event it shall remain turned off until a subsequent application for service is accepted; provided, that the subsequent applicant and any other person residing on or using the property is not liable for any utility charges owing on the property or some other property served by the city utilities; or 2) The manager and the customer establish a written and signed payment arrangement pursuant to the payment arrangement policy referred to in 3.200.080(B) above. Failure to adhere to the written arrangement will result in additional fees as specified in Chapter 3.07 and disconnection of water service without further notice. 3.200.090 FAILURE TO RECEIVE MAIL - CHANGE IN ADDRESS OR OWNERSHIP. Failure to receive mail shall not be recognized as a valid excuse for failure to pay utility bills when due. Change in ownership of property and change in mailing address must be made in writing at the office designated by the City Manager. All bills and notices, including delinquency and water turn-off notices, shall be sent to the customer's billing address provided the City. 3.200.100 BACK BILLS-PAYMENT REQUIRED. An applicant who has been a customer of the City utilities at the property or some other property and is liable to the City for material, labor, service or other utility charges shall be required to pay all outstanding bills and shall be required to establish his or her credit to the satisfaction of the City prior to receiving any utility service. The above shall apply if any other person residing on or using the property that is liable to the City for any utility charges. Service shall be denied any person or persons who use any deceptive, unlawful, or misleading means or device whatsoever to avoid or minimize the payment for services or other charges owed. 3.200.110 UNAUTHORIZED RECONNECTION. It is a breach of the contract between the City and the property owner for any property owner, occupant or any unauthorized person to consent, direct, permit, or turn water on or off at the curb cock, or in the meter box, or 9 to receive, obtain, or use any water therefrom after the water has been shut off by an authorized agent of the Water Department and before the water is turned on by an authorized agent of the Water Department or to tamper, modify or damage any water meter or associated valves and piping. All costs of repair, replacement, connection or disconnection, resulting from a violation of this section, and a penalty, as set forth in Chapter 3.07 of this code to be known as the "Unauthorized Reconnect Penalty", shall be assessed against the water services customer and included as additional costs in the regular service billing. Failure to pay the assessed costs may result in a lien being assessed against the real property served by the connection. The assessed costs shall be included on the customer billing. Separate notice of the assessed costs and penalty together with their right to a hearing to contest the assessment and penalty as provided below shall be mailed to the account holder. There is hereby created a presumption that the customer is responsible for all breaches of the above-referenced contract in violation of this section. 3.200.120 LIEN FOR UTILITY CHARGES/RELEASE OF LIEN. All unpaid water, sewer, stormwater and irrigation charges penalties and collection fees shall become liens against the property to which they apply as provided in RCW 35.21.290, 35.21.300, 35.67.200 through 35.67.290 or as hereafter amended or supplemented. The City shall have the authority to terminate domestic and nondomestic water service to said property or customer. Termination of such water service shall not limit other remedies available to the City under state law. The property shall be released from lien in the case of a closed tenant account with unpaid charges. 3.200.130 LIABILITY FOR UTILITY CHARGES. The customer for utility service shall be personally liable for all utility charges applicable to the property for which service is rendered from the time the service begins until the service to that customer is terminated or the account is closed. When a tenant account is closed and there is no new customer tenant account to start the same day, an owner account will be created the same day, applicable services will be billed to the owner account and the owner shall be the customer. 3.200.140 MISCELLANEOUS UTILITY CHARGES. A) There shall be a charge, to be known as "Application Fee — Service to new connection" as set forth in Chapter 3.07 of this code, to-process an application for service and to establish a utility billing account. This fee shall be waived in the case where: 1) A new account (owner) is created at the same time a tenant account is closed; and 2) The closing account and the new account (owner) both remain in full service; and 3) The existing (owner) customer information already exists and does not require updating. B) There shall be a penalty known as the "Late Pay Ppenalty" as set forth in Chapter 3.07 of this code, if a bill is not paid in full within twenty-five days of the date of billing. The manager is hereby authorized to waive this fee once in a rolling twelve calendar month period if 10 the customer acknowledges understanding of and future compliance with the utility payment and collection policies. If the charges remain unpaid at eleven days past the past due bill date then the account shall incur a collection fee to be known as the "Collection Notification Fee" as set forth in Chapter 3.07 of this code. The Collection Notification Fee applies to all accounts that meet the stated criteria. Failure by the customer to provide a current phone number, failure to notify the utility billing department of changes in phone number, or failure to receive the phone message shall not be recognized as a valid excuse to waive this fee. The manager is hereby authorized to waive this fee once per account in a rolling twelve calendar month period if the customer acknowledges understanding of and future compliance with the utility payment and collection policies. C) In the event delinquent charges and related fees are not paid in full by the date specified in the delinquent notice required by 3.200.080 (B) there shall be a charge known as the "Disconnect Collection Fee", as set forth in Chapter 3.07 of this code. The Disconnect Collection Fee is a bundled charge and covers administrative costs as well as related one-time costs of service to disconnect and to reconnect the meter if needed to enforce payment for delinquent charges. The manager is hereby authorized to waive this fee once during the duration of the account, if the account is paid to zero before being reconnected and the account is signed up to have future payments processed automatically through the city's Autopay program. D) There shall be a charge as set forth in Chapter 3.07 of this code to be known as the "Field Service Fee" for providing field service which resulted from dispatching personnel to the property location. There shall be an exception to this fee one time in twelve consecutive months pursuant to a customer request to verify a previously obtained meter read. There shall also be an exception to this fee for the cost of service to re-read a meter if the new read clearly indicates the past read was in error as well as in the case where there is a request for emergency service to shut-off water due to a broken pipe or valve. E) There shall be a charge as set forth in Chapter 3.07 of this code to be known as the "Field Service After Hours Fee" for the service to turn water off and a charge to turn water on during field service nonbusiness working hours which takes into account the cost of service covered by the fee authorized in subsection C) above. F) There shall be a separate, lower charge as set forth in Chapter 3.07 of this code to be known as the "Field Service After Hours Fee/Collection" to reconnect water service pursuant to the payment of the Disconnect Collection Charge required in 3.200.140 C) during field service nonbusiness working hours. G) There shall be a charge as set forth in Chapter 3.07 of this code to be known as the "Debit Card Convenience Fee (Counter)" for payments made by debit card and processed at the utility payment counter. There shall be a charge as set forth in Chapter 3.07 of this code to be known as the "Debit/Credit Card Convenience Fee (Web)" for payments made by debit/credit card and processed via the on-line web payment system. 11 H) There shall be a charge as set forth in Chapter 3.07 of this code to be known as "On-line Processing Assistance Fee" for payments made over the phone that utilize office personnel to process the transaction via the on-line or phone payment system. I) Interest on the unpaid balance shall be eight percent (8%) per annum or such higher rate as authorized by state law. Additionally, there shall be a penalty known as the "Turnover Penalty" a one-time penalty of five percent (5%) of the unpaid, account balance outstanding at 41 days from account close date shall be assessed. 3.200.150 SENIOR DISCOUNT. A) Dwelling units qualifying as set forth below shall be charged a monthly rate equal to one-third of the otherwise applicable rate for the minimum monthly water and sewer rates. All consumption shall be charged at the regular rate. To qualifyl_each dwelling unit where a person residing therein shall show satisfactory proof under oath in writing to the manager the following: 1) That he or she is sixty-two years of age or older; 2) That he or she is a single occupant of or the head of a household all of whose members have a combined annual income from all sources that is not greater than the United States Federal Poverty Level. Such poverty level shall be determined by the "Very Low Income Limits" and updated annually by the manager; 3) The person must be the customer ofer the water service and must be directly responsible for the payment of the water bill; 4) The person must have resided at such place for a period of not less than ninety consecutive days prior to the effective date of the rate set forth below and must intend to remain at such place. 5) The person must state under oath that he or she will inform the City in writing if there is any change in their or the household's status as it relates to the requirements set forth above. B) The manager may require the person demonstrating satisfactory proof for a household that qualifies for the rates set forth in this section to make an updated application at any time. "Head of the household" means the person owning or having control of the dwelling unit. In the case of a husband and wife, either person shall be considered the "head of the household." 3.200.160 HEARING AND APPEAL. Any person aggrieved by the assessment of any utility charge, fee, or penalty, including termination of utility services, may, within ten (10) days of receipt of the City's billing to which they are objecting, or not later than five (5) days prior to the date of termination of services, in writing, upon a form provided by the City, request an informal administrative hearing before the manager. Utility services shall not be terminatedien while this hearing is pending. The manager hearing this dispute, shall be 12 authorized to correct any errors to the utility customer's billing. The appeal hearing shall be scheduled by the manager at City Hall and conducted during regular business hours within seven (7) business days of receipt of the appeal. A written decision shall be delivered to the customer at the address designated on the appeal within ten (10) days of the hearing. Section 6. That a new Chapter 3.147 entitled "Water/Sewer Fund" of the Pasco Municipal Code, shall be and hereby is created and shall read as follows: Chapter 3.147 WATER/SEWER FUND Sections: 3.147.010 Created/Use. 3.147.010 CREATED/USE. There is created a fund to be known as the Water/Sewer Utility Fund into which shall be paid all revenues received from the operations of the Water/Sewer Utility created by 13.12.010 or from the sale of bond proceeds and out of which will be paid all expenses for the purchase, improvement and extension of Water/Sewer Utility and all expenses in connection with the operation and maintenance of the same. Section 7. That Section 13.12.010 entitled "Water/Sewer Utility Created - Responsibilities" of the Pasco Municipal Code shall be and hereby is amended and shall read as follows: 13.12.010 WATER/SEWER UTILITY CREATED - RESPONSIBILITIES. There is hereby created and established a utility to be known as the "Water/Sewer Utility." This utility contains the water system, irrigation system, sewer system, stormwater system and process water reuse system. The Water/Sewer utility shall be administered and enforced by the Director of Public Works, or his/her duly authorized designee. The Director is hereby authorized to specify such water/sewer utility operation, maintenance and performance standards, in the public right- of-ways of the City, as necessary to implement the requirements of this code and carry out the duties of the Director. Each system shall maintain separate books and records of system costs, revenues, assets, liabilities, deferred inflows, deferred outflows and fund balances. CREATED. There is created a fund to be known as the City Water Department Fund into which maintenance of the same. Section 8. That Section 13.16.010 entitled "Connection to Water System or Initiation of Customer Application" of the Pasco Municipal Code shall be and hereby is amended and shall read as follows: 13 13.16.010 CONNECTION TO WATER SYSTEM OR INITIATION OF CUSTOMER SERVICE-APPLICATION. Any person desiring to have premises connected with the water supply system of the City shall make application for an initial or additional connection to the water service system (as provided in Chapter 13.36 or as hereafter amended) er whe desires to have water service shall make application at the office designated by the City Manager on the forms provided. provided in Chapter 13.36 or as hereafter amended), Tthe applicant shall provide: (a) The name of the record owner of the property; If the application shall be by a person other than the record owner of the property, (b) PP � Y p p p Y, written proof that the applicant has permission from the record owner of the property to make the application; (c) The name of any person purchasing the property under a recorded land purchase contract; (d) If the application shall be by a person other than the person in (c) above in the event (c) is the case, written proof that the applicant has permission from the person in (c) above to make the application. This subsection (d) shall not apply if the applicant is the record owner of the property. Subsequent owners or purchasers of the property shall be responsible for providing written evidence of their interest in the property. Every applicant must: (1) State fully and truly all the purposes for which the water may be required; (2) Demonstrate that they have permission to occupy or use the property; (3) Give the names of their spouse and all non-dependents residing on or using the property; (4) Provide proof of identification;. (5) Provide a local phone number for collection notificationsi- (6) Agree to conform to all ordinances, rules and regulations now in existence and as hereafter amended or supplemented governing the water-sewer utility; (7) Agree that the City shall have the right to shut off the water supply at any time without prior notice for repairs, extensions, nonpayment of rates, or for other good cause, and that the City shall not be responsible for any damage caused by breaking, bursting or collapsing of any boilers, pipes or fixtures, or by the stoppage or interruption of the water supply, or any damage whatever resulting directly or indirectly from the shutting off of the water; as a condition precedent to receiving water service. The application must be signed by the applicant and be accompanied by payment for any charges due in advance before water service will be connected or provided. The application is merely a written request for service and does not, in itself, bind the Water 14 Department to serve. Only authorized employees of the City shall be permitted to turn the water on. Section 9. That Section 13.16.160 entitled "Access to Premises" of the Pasco Municipal Code shall be and hereby is amended and shall read as follows: 13.16.160 ACCESS TO PREMISES. The Water Superintendent or his duly authorized representatives shall be allowed free access at all reasonable hours to all parts of buildings or premises supplied with water from the municipal water system for the purpose of inspecting the condition of pipes and fixtures and noting the amount of water used and the manner in which it is used. If access to the meter is located outside a building but is blocked by a locked gate, then the customer shall pay the cost to relocate the meter to outside the fenced area pursuant to 13.24.080 or shall utilize a lock provided by the city to secure the gate. The owner shall be provided a key to the lock and the meter readers shall have access through a master key. It shall be the responsibility of the customer to keep the area of the meter free of rubbish, debris, rock, soil and vegetation and to keep the meter free of obstruction at all times for the purpose of meter reading. -If any owner or occupant of any premises shall violate any provision of this rule the Water Superintendent may shut off such service and such owner or occupant shall be required to pay any and all unpaid charges against such premises together with a charge, per Section 13.16.090(C), for shutting off and turning on such service before the same shall be again turned on. Section 10. That Section 13.24.090 entitled "No Rent Charged by Customer" of the Pasco Municipal Code shall be and hereby is amended and shall read as follows: II 13.24.090 NO RENT CHARGED BY CUSTOMER. No rent or other charge whatever shall be made by the customer against the Water Department for placing or maintaining meters upon the customer's premises. a Section 11. That Section 13.60.020 entitled "Stormwater Management Utility Created - Responsibilities" of the Pasco Municipal Code shall be and hereby is amended and shall read as follows: 13.60.020 STORM WATER MANAGEMENT UTILITY CREATED - RESPONSIBILITIES . There is hereby created and established,pursuant to Chapters 35.67 and 35A.80.010 RCW, a storm and surface water utility to be known as the"Stormwater Management Utility.-"-as a component of the - . • • .- - • • - Water/Sewer Utility. All references to "the utility"in this chapter refer to the Stormwater Management Utility. The utility shall be administered and enforced by the Director of Public Works, or his/her duly authorized designee. The Director is hereby authorized to specify such stormwater facility operation,maintenance and performance standards, in the public rights-of-ways of the City, as necessary to implement the requirements of this code and carry out the duties of the Director. 15 Section 12. That Section 13.61.020 entitled "Irrigation Water Utility Created - Responsibilities" of the Pasco Municipal Code shall be and hereby is amended and shall read as follows: 13.61.020 IRRIGATION WATER UTILITY CREATED - RESPONSIBILITIES. There is hereby created and established, and irrigation water service utility to be known as the "Irrigation Water Utility.-" as a component of the This utility is a component of the Water/Sewer Utility. The utility shall be administered and enforced by the Director of Public Works, or his/her duly authorized designee. The Director is hereby authorized to specify such irrigation water facility operation, maintenance and performance standards, in the public rights-of-way, or such other public utility easements existing in the City, as necessary to implement the requirements of this code and carry out the duties of the Director. Section 13. That Section 13.61.070 entitled "Connection to Irrigation Water or Initiation of Customer Service-Application" of the Pasco Municipal Code shall be and hereby is amended and shall read as follows: 13.61.070 CONNECTION TO IRRIGATION WATER SYSTEM OR INITIATION OF CUSTOMER SERVICE-APPLICATION. Any person desiring to have their premises connected with the irrigation water service system of the City, or who desires to have irrigation water service shall make application in the same manner as provided for in Sections 3.200.020 and 13.16.010 of this Code. Section 14. This Ordinance shall take effect 5 days after passage and publication by law. PASSED by the City Council of the City of Pasco at a regular meeting the 19th day of February, 2013. layer Kebccca. Fr44e ATTEST: APPROVED AS TO FORM: Al �. T era L. C ark, City Cler Leland B. Kerr, City Attorney 16