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HomeMy WebLinkAbout2953 Utility Rates and ChargesOrdinance No. 2953 AN ORDINANCE OF THE CITY OF PORT TOWNSEND AMENDING THE PORT TOWNSEND MUNICII'AL CODE CHAPTER 13.05 UTILITY RATES AND CHARGES AND ESTABLISHING AN EFFECTIVE DATE FINDINGS AND RECITALS 1. In 2003, the City determined that it would be appropriate and prudent to retain a qualified independent economic financial consulting firm that specializes in water and sewer rate studies to study the City's revenue needs for the years 2004 through 2009 in some detail. The time for an independent study seemed appropriate because the City is facing the need to finance significant utility capital improvements over the next six years, and it now has a smaller customer base to recover all operating and capital costs from given the sale of the outside service area referred to as the Tri Area to the Jefferson County PUD #1. 2. In August, 2003, the City after a competitive consultant selection process retained Financial Consulting Solutions Group, Inc ("FCS"), Redmond, WA to perform a water and sewer rate study and cost of service (COS) analysis to determine if city utilities aze equitably chazging utility services to commercial, industrial, governmental and residential utility customers. 3. FSC produced a report entitled "City of Port Townsend Water and Sewer Rate Study - Revenue Requirements Report (December 2003)" ("FCS Revenue Report"). 4. Among other factors, FSC reviewed cost drivers from capital projects that were not anticipated when the utility rates were set in 1997: • Morgan Hill Pump Station: $1,220,000 (water) • Jacob Miller road Water Improvements: $396,000 (water) • F Street Reconstruction: $580,000 ($500,000 water $80,000 sewer) • San Juan Avenue Rehabilitation: $135,000 ($95,000 water $40,000 sewer) Total: $2,331,000 5. FCS also reviewed that current rates assumed projected interest earnings of 5%. The actual average earnings yields are listed below. City staff estimated the lost interest revenue impact at more than $400,000. • 2000: 6.18% • 2001: 4.19% • 2002: 1.79% • 2003: 1.18% Page 1 Ordinance 2953 6. The FCS Revenue Report documents rate revenue requirements needed for the study period for capital financing, debt fmancing and cash funding, and makes certain recommendations: • Given the anticipated shortfalls in both utilities, do not implement the planned rate reduction of 2 percent in 2004. • Implement the proposed fiscal policies presented in the Study and implement a schedule of rates sufficient to recover the indicated 10 percent water and 3 percent sewer rate revenue shortfalls beginning in 2004. • Update the System Development Chazge calculation to include a future facilities cost component and consider implementation of the updated water and sewer SDC's at that time. • Complete cost-of-service analysis and cost-of-service based rate design in 2004 for implementation before fiscal year-end 2004 to determine if there is a justifiable shift of cost recovery between one or more classes of customers. • Update the model analyses on a regulaz basis (annual or biennial), to ensure that the most recent financial, operational, and customer data is used. In time, City staff should be able to do the revenue requirement update, perhaps with some guidance from FCS Group. • That the City initiates funding of depreciation for the eventual repair and replacement of the existing water and sewer infrastructure. While there aze advantages to fully funding depreciation, FCS proposes starting funding at 10%. 7. In 2004, the City Manager, and Finance Director, recommended that the City Council adopt the recommendations of FCS partially for two years: • Water rate increases for 2004 amounting to 10%, and 2005 amounting to 10% • Sewer rate increases for 2004 amounting to 10%, and 2005 amounting to 6% • Adopt a prospective rate increase, not retroactive to the first of the yeaz • Complete the cost of service analysis (COSA) portion of the utility rate study for further recommendations to the city council for implementing in the third yeaz (2006) • Consider implementing a wholesale water rate • Seek grants-in-aid to reduce the debt burden of the utilities 8. Based on the FCS recommendation, and the recommendation of the City Manager and Finance Director, the City Council in Ordinance 2851 (Febniary 17, 2004) implemented water rate increases for 2004 amounting to 10%, and 2005 amounting to 10%, and sewer rate increases for 2004 amounting to 10%, and 2005, amounting to 6%. 9. On July 12, 2007, FCS presented the results of its utility rate study and COS analysis and recommendation for future utility rates (which has been substantially incorporated into this ordinance). The recommended utility rates do not propose an increase in overall utility rates, but a change to the rate allocation of various utility classes to reflect the cost of service and Page 2 Ordinance 2953 provide for equitably charging utility services to commercial, residential, governmental and residential utility customers. 10. As part of this study, FCS has recommended four new utility classes: Commercial A Commercial B -under 800,000 gallons consumption per month Commercial B -over 800,000 gallons consumption per month Government 11. Following public heazing held September 17, 2007, and after consideration of the recommendation of FSC, the City Council determines to implement amendments to water and sewer rates as set forth in this ordinance. NOW THEREFORE, the City Council of the City of Port Townsend ordains as follows: Section 1. Amendment. Chapter 13,05 of the Port Townsend Municipal Code is amended as follows (underline is added, strike is deleted). SEE ATTACHED EXHIBIT A (AND TABLES) Section 2. Severability. If any provision of this ordinance or its application to any person or circumstance is held invalid, the remainder of the ordinance, or the application of the provision to other persons or circumstances is not affected. Section 3. Effective Date. This ordinance shall take effect January 1, 2008, which is more than five days after its passage, approval and publication in the form and manner provided by law. Adopted by the City Council of the City of Por[ Townsend, Washington, at a special meeting thereof, held this twenty-ninth day of October, 2007. ~_ Matk Wel h, Mayor Attest: Pamela Kolacy, C, City Clerly / Approved as to Form: ,F _ ,~`"~ _ l/ ~-` L ' ~ John P. Watts, City Attorney Page 3 Ordinance 2953 EXHIBIT A Chapter 13.05 UTILITY RATES AND CHARGES Sections: 13.05.010 Purpose. 13.05.020 Property owner liable for accounts. 13.05.030 Monthly water rates. 13.05.040 Monthly sewer rates. 13.05.050 Monthly stormwater rates. 13.05.060 Repealed. 13.05.070 Commercial and industrial accounts -Deposits. 13.05.080 Bills -Preparation, delivery. 13.05.090 Utility bills -When delinquent -Late payment charge established. 13.05.100 Utility charges are a lien against property -Water shut-off -Notice and appeal provisions. 13.05.110 Termination of utility service to rented dwellings -Tenant's rights and obligations. 13.05.120 Satisfaction of unrecorded utility liens upon the sale of real property. 13.05.130 Deferred payment. 13.05.140 Partial payment to be prorated. 13.05.150 Contracts for use in special cases. 13.05.160 Payment of base rate -Abandonment of meter. 13.05.170 Customer leak repair and bill adjustment. 13.05.010 Purpose. The purpose of this chapter is to identify rates for water, sewer and stormwater service, provide effective methods and remedies for dealing with cases of nonpayment or late payment of utility bills and to update the city's billing procedures, to thereby protect the financial resources of the city and the rate-paying public. (Ord. 2579 § 1, 1997). 13.05.020 Property owner liable for accounts. Except as provided in PTMC 13.05.110, in all cases of utility service to residential or commercial rental property, the property owner shall be liable for the payment of the utility account, and the property owner shall be listed as the customer to whom service is provided, except that accounts may be billed to the tenant if the landlord so requests in writing. In such cases, the landlord remains responsible in the event of nonpayment by the tenant and any unpaid charges remain a lien on the premises. (Ord. 2579 § 1, 1997). 13.05.030 Monthly water rates. The following monthly rates shall be charged by the city and collected by the finance director for the use and furnishing of water service, all such rates and charges to be made and paid on a monthly basis. These rates will be for water usage starting on January 1.2008 ""~~,.,a, ~o.,T'-~T, and billed in subsequent months: A. Meter Charge. All water used, except for closed connection for fire protection, shall be metered. Monthly service charges and standby fees shall be based on meter size 1 Exhibit A -Ordinance 2953 EXHIBIT A and the quantity of water provided to the customer and shall be paid regardless of whether the service is on or off. The meter charge shall be based on the following schedule: SEE ATTACHED TABLE-~'m 2 Exhibat A - Ordanance 29.13 EXHIBIT A A manifold meter installed for irrigation purposes only shall not be subject to a meter charge in addition to the charge for the main service meter. B. Where meters for residential customers larger than five-eighths inch by three- quarters inch have been installed for the convenience of the city, the customer shall be assessed a meter charge only for the three-quarters inch rate. (` \! 1 (`h.. All ~.++er a fr.r .. .cMmnrc ~. u+h:n +h.. n:fii ohnll ho nhnrn nrl ~ ~. TITP v...... ~. vv. ... ..-.-~. .-..v .~. ~-.~.~... ._. .... _..~ _._~ _..-... .._.. J -. I ..+ f Q7 na 'I nnn n.. ilnno n .. rF'n nc +hnrnnF~ nffnn+i..n Inn, nn. ~ 7nnG r.. .,,,... ... rte.,, ,. r,-,. .,___ J~.._.._ _. ~_... _.._ _._.__., _..___.._ _~..__..~ ., -___, }ham .~~~.... Y+.. i @9 7F »~+n mnm n +_;.J 4hn ifii n nnr..+o Gm:+_ _dll ho nh., r...+r+ nr ,..I. ... r..+.. ..F @O 77 .. 7 nnn ....Il....c n nr+:nnc +h.-.rnnf• nffnn+6.n I-,n ,.gyn. ~ ~nnc #hn ....I. ,..... rn#n is N9 AA , , ' 7 C .. -.#' '# r o:An ihn n:+.. +h.. r..oinr nhnrnn ch.~ll hn hnc.oA n mn+nr '+h .+ .r.l„r..r. ..h.....n of N7 na n r ~ nnn nnllnnc. nrF'n c +hn nnf~ nffnn+'.. h 7 ~nnc +h~a ....I ~ rn+n :~ C9 7C: ~ C..r 'min ~4:nn mn+erc nn+o'rln +hn n:+v +h .. mn n+nr nh..rnn nh..ll hn h.+cn.+ nn mn+or •.i#h n . nL rmn nh.~rnn of @O 77 n r ~• nnn nrc..,~ ..~. .yam ... ...... .... ....... `.... .... ......... ..._`- ...... .,. ._._..... .,.. J_ _. _.__ ~_. ,__,. .+Ilnnc. n nr+:nne. +hnrnnF nffnn+'v L+n . 1 ~nn~ 4hn ..nL,.v.n rn+n .n @9 dA ~_r ~_.__ __._.__ ___ 2. Should there be a period during which meter readings cannot be obtained under a normal reading schedule, the volume charge shall be calculated by averaging the prior consumption for the two months immediately preceding the period for which a meter reading cannot be obtained. Charges for the next month during which actual meter readings are taken shall be adjusted for the difference between the average and the actual metered volume for the two-month period involved together with the appropriate meter rate. Where there is a circumstance which, in the reasonable judgment of the finance director, would make the volume charge calculation erroneous, the volume charge shall be established under such other method as the finance director deems reasonable and fair. D. Water Charge Method. Meter reading shall be done on a monthly basis. E. Private Fire Protection. Monthly service charges for private fire protection systems I - I ~oaa 12ooa I Gees I Exhibit A -Ordinance 2953 EXHIBIT A for customers outside the city corporate limits shall be the same as inside city (per month) rate. C 1. _.y.y,.....:..1 ......J r+.... L.-....L !+~ ~..1.. ... TL,.. ... ..Fhl.. . .F..r ..h.. r..... . F..r n nl }h' }' 'Fh .. ...Je1'F' .+I Lrm e nh.+rn .. 0 f N9 na n 0 r ~ nnn ~.n ll..r.e. r ..r n .rf'.. nc „ , Fh ,,~,~,~,~.. ...... ..... .....,...,. f~ ff }' h ...._. ._. _.. ~ onn~ +h ._ _.. .~_ _ e awl ~ r . T-.__ _ ..+e is @O 7 . ,___ ~_. F• nlec.c. n .._.._ - __ rron+ nn . _. _.._ n+ro n+ @9 7 7 ~ nnn n..ll..nc. ~ri'~no + he er.f• effe n+ive Ion o ni ~ ~nnG }ho .,^I .~ '^F r ~ (Ord. Ord. Ord. Ord. Ord. Ord. Ord. 2851 § 1, 2004; Ord 2719 § 1, 1999; Ord. 2609 § 3, 1997; Ord. 2445 § 1,-1995; Ord. 2341 § 1, 1993; Ord. 1941 § 2, 1982; Ord. 1471 § 1, 1965; Ord. . 2846 § 1, 2003; Ord. 2803 § 1, 2002; Ord. 2756 § 1, 2710 § 1, 1999; Ord. 2658 § 1, 1998; Ord. 2622 § 1, 2579 § 1, 1997; Ord. 2496 § 1, 1995; Ord. 2488 § 1, 2434 § 2, 1994; Ord. 2389 § 1, 1993; Ord. 2381 § 1, 2289 § 2, 1992; Ord. 2068 § 2, 1987; Ord. 1979 § 4, 1830 § 1, 1979; Ord. 1789 § 2, 1977; Ord. 1601 § 4, 1372 § 1, 1959; Ord. 1172 § 1, 1944; Ord. 1110 § 22, 1 2001; 1997; 1995; 1993; 1983; 1970; 939). 13.05.040 Monthly sewer rates. The following monthly rates shall be charged by the city and collected by the finance director for the use and furnishing of sewerage service, all such rates and charges to be made and paid on a monthly basis: SEE ATTACHED TABLE-~„~'rT ~ C'nnle I In'F Oenir lenF'nl nnr! fl nlcv (`~ c+r~r r~erc The mnn}hhi ro+e f..r vorh cinnl Q f I..n 7 ~nnG the ___, _.._ erl ~ nnn .+Il..n vne n ....I r..F __._...._ .__ c. The .. m o in i1Q 1n .. _ -. _ -_,-_ r nFhl.. rnFe f..r _._ __ ..r,. nn+h i mr. r.Fhl _.._. .h nle ~ niF cin ~ ......F..r .. mr.Fi.~ . ~i.lo., r... r fli~ir.le.. o .. ' C ' .+IL..... .. r.hi..n Fh ~ ere..F .,ffen . a L,n~ .. . ~ # nn . n Fhe ...L .... r o r.~+o A4 17 .. c ~ Q.. e !"ham. non ' C.. IF'f omil ~ ~.iar. o i+h thr~° ni+c +he h~~e ` ~__ _ . __ _, , ,,,,__ _ Exhibit A -Ordinance 2953 EXHIBIT A Fates ets;-=oi~ ~n .v.,,ItiFa...,l~ ~teme u,,..,e.,e~ ~,,.,,~ersia 14 7A ~TAA!' ~-cc-r--rrm~ D. Industrial and Contract Customers. The city may establish rates and charges for industrial and large user customers that have unique or special use characteristics. The rates and charges shall be based on existing contract conditions,. costs of service, including waste volume and strength, and such other factors deemed relevant in establishing reasonable rates and services in the judgment of the director of public works. E. For all classes of users subject to metered rates, should there be a period during which meter readings cannot be obtained under a normal reading schedule, the volume charge shall be calculated by averaging the prior consumption for the two months immediately preceding the period for which a meter reading cannot be obtained. Charges for the next month during which the actual meter reading is taken shall be adjusted for the difference between the average and the actual metered volume for the two-month period involved together with the appropriate meter rate. Where there is a 5 Exhibit A -Ordinance 2953 EXHIBIT A circumstance which, in the reasonable judgment of the finance director, would make the volume charge calculation erroneous, the volume charge shall be established under such other method as the finance director deems reasonable and fair. (Ord. 2851 § 1, 2004; Ord. 2846 § 1, 2003; Ord. 2719 § 2, 1999; Ord. 2622 § 2, 1997; Ord. 2579 § 1, 1997; Ord. 2556 § 1, 1996; Ord. 2489 § 1, 1995; Ord. 2434 § 1, 1994; Ord. 2382 § 1, 1993; Ord. 2342 § 1, 1993; Ord. 2302 § 1, 1992; Ord. 2287 § 2, 1992; Ord. 2063 § 1, 1987; Ord. 2055 § 1, 1986; Ord. 2026 § 1, 1986; Ord. 1980 § 2, 1983; Ord. 1942 § 3, 1982; Ord. 1872 § 1, 1980; Ord. 1791 § 1, 1977; Ord. 1657 § 1, 1973; Ord. 1508 § 3, 1967). .~-- t iM ~ 14 { i 7nnr. ..~ 4n the .+m~ r.i ..i rmicn~ o ~h2-E6F1HEi~ Q7n nnn I I + .+ f 11 L. Z1 7nnA 4Men 4..r 7nnG /.,...J rem~i.,~.,.. in cffcc~4 41+ i4 \ 41~ 4 rl ..F 1+..11 he .~di...FeiJ ~ti~~ie 4hc 1 n ncrne~..i ....+T~Q / i i N { 4h li! h ti 'LI+ # IM L... n in 4L.e nrcr7'M n nrom //lrr7 7CG7 1: 13.05.050 Monthly stormwater rates. A. Single-Family Residential Fees. The monthly service fee for each single-family dwelling shall be $7.25; provided, that the impervious surface on the lot shall not exceed 3,000 square feet. If the impervious surface exceeds 3,000 square feet, the rate established in subsection B of this section shall apply. B. Commercial/Multifamily and All Other Fees. The monthly fee for all other property within the city not covered by subsection A of this section shall be according to the following formula: (Impervious area/3,000 sq. ft.) xsingle-family rate =monthly fee. C. State Highway Charge. Pursuant to RCW 90.03.525, the city may charge a monthly fee for state highway right-of-way. (Ord. 2934 § 1, 2006; Ord. 2622 § 3, 1997; Ord. 2579 § 1, 1997; Ord. 2274 § 1, 1991; Ord. 2071 § 2, 1987; Ord. 2065 § 1, 1987; Ord. 2054 §§ 2, 4, 1986). 13.05.060 Stormwater reserve capacity charges. Repealed by Ord. 2708A. (Ord. 2579 § 1, 1997; Ord. 2054 § 8, 1986). 13.05.070 Commercial and industrial accounts -Deposits. A. At the time a commercial or industrial account is requested and before it is authorized, the city finance director Re~~may require the person requesting services to make a deposit with the city. B. Such deposit will normally be based on one month estimated utility charges for the business type for which services are requested. 6 Exhibit A -Ordinance 2953 EXHIBIT A C. Nothing in this chapter shall prevent the city requiring additional or new deposits when conditions such as chronic delinquencies warrant. This additional deposit will cause the total deposit to equal twice the customer's highest bill. D. A deposit, once established, may be refunded in whole or in part to the person or credited to the account of that person upon receipt by the city of the person's prior utility credit rating deemed suitable by the city finance director-tfeasl~er or designee to assure with certainty that the account with the city will not become delinquent. In the absence of such assurance, the deposit may be retained by the city until a customer discontinues service. The city will apply such deposit to fully pay any remaining charges on the account. Under no circumstances shall any part of the deposit be used as payment for charges until an account has been finalized and all services have been discontinued. If circumstances such as timely payment history warrant, the city finance director tfeasurer may, by determining that the city is assured with certainty that an account will not become delinquent, release all or part of the deposit to the depositor upon request prior to discontinuance of service; provided, however, that no such refund will occur without the customer having a good payment history with the city for at least 12 months from the time of deposit. (Ord. 2579 § 1, 1997). 13.05.080 Bills -Preparation, delivery. A. The city finance director t~sasm~ shall establish and maintain a monthly system of billing for utilities provided or billed by the city. The billing shall be a consolidated billing for all utilities. B. Once prepared, this bill shall be delivered to the customer, by deposit in the United States mail, addressed to the address shown on the application for utility service submitted by the customer to the city or on any change of address submitted by the consumer to the city. C. Deposit in the United States mail pursuant to subsection B of this section shall be deemed full and complete notice to the consumer of the nature and amount of any particular utility billing. D. All utility bills are due and payable without further notice, when properly deposited by the city in the United States mail. E. When service is discontinued, the customer is responsible for payment of all outstanding utility bills. F. The city finance director pis authorized to promulgate rules and policies for the implementation of this chapter. (Ord. 2579 § 1, 1997). 13.05.090 Utility bills -When delinquent -Late payment charge established. A. Utility bills for which payment is not filed and received by the twentieth of the month shall be considered delinquent. °ar^ ~^^' '^ °~'^' '.1~.o7o,Payment by the customer occurs when the payment is filed and received. Payment is deemed filed and received by the city on the date shown by the post office cancellation mark stamped on the envelope. Delinquent accounts will be assessed a minimum penalty of 5 or shame sf-1.5 percent of the outstanding balance per month. B. In all cases the city finance director ttias~~ has the discretion to consider a deferred payment plan in accordance with PTMC 13.05.130. (Ord. 2579 § 1, 1997). 13.05.100 Utility charges are a lien against property -Water shut-off -Notice and appeal provisions. 7 Exhibit A - Ordinance 2953 EXHIBIT A A. Lien and Collection Rights. Except as otherwise provided in this chapter, all utility rates shall be charged against the premises for which the service is installed. All utility charges which become delinquent and unpaid shall be a lien against the premises for which the service is installed. This lien may be enforced by all means available at law or equity. In addition, the city can collect the money owed by using all legal means available for the collection of a debt, including but not limited to a use of a collection agency, or by filing a collection action in small claims court or superior court. B. Water Shut-Off Notice. Pursuant to state law (RCW 35.21.290 through 35.21.300) the city may terminate water utility service to a customer who is delinquent in paying his or her water bill. Prior to termination of service, the city shall send the customer a water shut-off notice, stating that if all delinquencies are not paid by the date identified in the notice, the city will discontinue water service without further notice on or affer a date certain to be stated in the notice. The water shut-off notice shall further state that if the customer has questions or concerns concerning the utility bill, he or she may request an informal hearing before the city finance director tfeasarer, at the address and telephone number stated in the notice, and shall inform the customer of any appeal rights of the decision of the city finance director tfeasurer. Any request for an informal hearing before the city finance director t;za~ must be made at least seven days prior to the date of the shut-off notice. 1. The city finance director shall have the authority to review the facts, to correct any errors in the billing, and to arrange for credit terms pursuant to Chapter 13.05 PTMC. 2. The city finance director's treas~+ref decision may be appealed pursuant to Chapter 1.14 PTMC; provided, however, that no appeal filing fee shall be charged. 3. Restoration of Water Service to the Premises. Except as otherwise provided in this chapter, water service shall not be reconnected until all arrears, delinquent and unpaid charges, late payment fees, the water turn-on fee, and any required deposits are paid; provided, however, that pursuant to RCW 35.21.290 and 35.21.300, water service must be restored to the premises if the last four months of water bills are paid. All other remedies available at law or equity may be used to collect the remainder of delinquent charges. C. Delinquent Sewer and stormwater Charges. The city shall have and may exercise all of those powers for collection of delinquent sewer and stormwater charges as set forth in the sewer lien foreclosure statutes, RCW 35.67.200 through 35.67.280. As an additional and concurrent method of enforcing such liens, the city may also shut-off water to the premises to which such sewer and stormwater service was furnished in order to enforce payment of a delinquent sewer and stormwater bill, as further set forth and under the authority of RCW 35.67.290. D. City Finance Director ~ Authority. The city finance director treasafer is authorized to promulgate further rules and policies for the implementation of this section. (Ord. 2579 § 1, 1997). 13.05.110 Termination of utility service to rented dwellings -Tenant's rights and obligations. A. Notice of termination of utility service, whether voluntary (requested by property owner) or involuntary (for nonpayment of utility charges), shall be provided to both the owner and occupant of the premises, if the owner does not reside there. Notice to the S Exhibit A -Ordinance 2953 EXHIBIT A occupant may include, at the city's discretion, mailed notice to the occupant of the premises or posted notice. B. When a rented dwelling for which a delinquent utility bill is owed is occupied by a tenant, but the utility account is in the landlord's name and the account is not billed to the tenant for payment, pursuant to PTMC 13.05.020, no termination of water service will occur unless the tenant is first provided an opportunity to place the account in his or her own name without incurring any liability for the landlord's delinquent bill. If service is terminated before the tenant has exercised this right, the tenant can have water restored without liability for the delinquent bill by applying to place the account in his or her name for future service, and by paying usual reconnect charges. C. A new tenant shall not be refused water service because of a prior tenant's failure to pay a utility bill. D. A tenant's unpaid balance from an existing account may be transferred to a new account if the tenant moves to an address within the city's utility service area; provided, however, that the transferred balance remains a lien against the premises where the liability was incurred and not on the new premises. (Ord. 2579 § 1, 1997). 13.05.120 Satisfaction of unrecorded utility liens upon the sale of real property. Effective January 1, 1997, upon the sale of property with unpaid charges, the city's lien rights shall be as specified in Chapter 60.80 RCW. That law generally provides that closing agents must request a final billing from all defined utilities, which includes the city utilities. The city is required to provide ~--the closing agent with an estimated or actual final billing within a specified time frame. If the city fails to provide the requested information in a timely manner, any unrecorded lien for charges incurred prior to the closing date is extinguished and the utility city may not recover the unpaid charges from the purchaser of the property. The city's retains the right to recover unpaid charges from the seller, as more fully set forth in Chapter 60.80 RCW. (Ord. 2579 § 1, 1997). 13.05.130 Deferred payment. If the customer is unable to pay the full amount of utility charges due because of temporary financial difficulties or other hardship, the city finance director may accept a deferred payment agreement; provided, however, that the city will be under no obligation to enter into any deferred payment agreement with any consumer who has not fully and satisfactorily complied with terms of any previous agreement. (Ord. 2579 § 1, 1997). 13.05.140 Partial payment to be prorated. Any partial payment shall be prorated to the various utilities (water, sewer, stormwater and garbage). (Ord. 2579 § 1, 1997; Ord. 2062 § 11, 1987; Ord. 1110 § 26, 1939). 13.05.150 Contracts for use in special cases. The city may enter into special contracts for the use of water, sewer or stormwater service in extraordinary cases when the same do not conflict with the terms of this chapter. Further, nothing in this chapter shall affect apre-existing rate agreement between a customer and the city for the term of such agreement(s). (Ord. 2579 § 1, 1997; Ord. 1110 § 28, 1939). 13.05.160 Payment of base rate -Abandonment of meter. 9 Exhibit A -Ordinance 2953 EXHIBIT A All premises, whether occupied or vacant, shall be charged a base rate, based on meter size, for reservation of capacity. A customer may request that a meter be totally abandoned, in which case the city will permanently remove the meter. The owner will no longer be considered a current customer, and upon application for water service in the future will be required to pay all applicable fees and charges, including but not limited to SDCs, connection, and drop-in fees. (Ord. 2579 § 1, 1997). 13.05.170 Customer leak repair and bill adjustment. When excessive meter registration is caused by broken or leaking water service pipes from the water meter into the structure or water pipes under the structure, including any crawl space or other structural components of the structure, without the knowledge of the customer, an adjustment to the water and wastewater bills may be made upon written application and satisfactory proof showing where the leak or break occurred and that a repair has been made. The adjustment would be for up to two months' billing cycles. The basis for adjustment shall be the normal consumption under similar operating conditions. The billing adjustment shall not exceed $500.00. The average winter water use (AWWU) calculation for sewer rates shall be established in accordance with PTMC 13.05.040. (Ord. 2579 § 1, 1997). 10 Exhibit A - Ordinance 29.13 TABLE UTILITY- SEWER RATES 1 Monthl Base Char a -All Classes 2008 2009 2 Residential Under 3,000 gallons use per month $34.70 $33.85 Over 3,000 gallons use per month $42.70 $41.85 Low Income Under 3,000 gallons use per month $23.72 $23.72 Over 3,000 gallons use per month $28.74 $28.74 3 Multi-Family/Commercial Size 5/8" to 3/4" $30.00 $30.00 1" $45.00 $45.00 1-1/4" $60.00 $60.00 1-1/2" $75.00 $"75.00 1-3/4" $90.00 $90.00 2" $115.00 $115.00 3" $385.00 $420.00 4" $470.00 $470.00 6" $700.00 $700.00 8" $960.00 $960.00 Volume Charge ~ (Rates are based on 1,000 gallons or portions thereof) Multi-Family/1,000 gallons $3.45 $3.45 Commercial A/1,000 gallons $4.20 $4.65 Commercial B/1,000 gallons $3.05 $3.05 Government/1,OOOgailons $3.85 $4.55 1 2009 rate continues in effect after 2009 2 Includes duplex 3 For multifamily residences with three or more units, the base monthly charge shall be based on the water meter size. Exhibit tI Table -Ordinance 79.13 TABLE UTILITY -WATER RATES Outside Monthly Base Charge -All Classes Inside City City I I Size 2008 2009 2008 2009 5/8" to 3/4" $14.35 $14.15 $15.80 $15.60 1" $35.88 $35.38 $39.50 $39.00 1-1/4" $47.79 $47.12 $52.61 $51.95 1-1/2" $71.75 $70.75 $79.00 $78.00 1.-314" $93.28 $91.98 $102.70 $101.40 2" $114.80 $113.20 $126.40 $124.80 3" $215.25 $212.25 $237.00 $234.00 4" $358.75 $353.75 $395.00 $390.00 6" $717.50 $70750 $790.00 $780.00 8" $1,148.00 $1,132.00 $1,264.00 $1,248.00 6 Private Fire Frotection-2" $11.55 $11.55 6 Private Fire Frotection-4" $19.80 $19.80 6 Private Fire Frotection-6" $39.60 $39.60 Low Income - 5/8" to 3/4" $7.55 $7.55 $9.21 $9.21 Volume Charges (Rates are based on 1,000 gallons or portions thereof) Class 2 Single Family Residential $2.05 $2.00 $2.21 $2.16 3 Multi-FamilyResidential $1.70 $1.55 $1.84 $1.67 4 Commercial A $2.26 $2.30 $2.44 $2.48 Commercial B $2.92 $3.47 Government $2.65 $3.00 5 Irrigation -Winter $2.00 $2.40 $2.20 $2.64 5 Irrigation -Summer $3.50 $4.20 $3.85 $4.62 Low Income $2.05 $2.00 $2.21 $2.1.6 1 2009 rate continues in effect after 2009 2 Includes duplex 3 For multifamily residences with three or more units, the base monthly charge shall be based on the water meter size. 4 Meters of two inch or under only. All larger meters are Commercial B. 5 Summer months defined as May -October. 6 Private fire protection tap fees expire on December 31, 2008 (Ord. 2953) 1 Exhibit ATable -Ordinance 2953