HomeMy WebLinkAbout3279 Relating to Regional Wholesale and Industrial Water Service and Adding Chapter 13.18 to the Port Townsend Municipal Code Ordinance 3279
ORDINANCE NO. 3279
AN ORDINANCE OF THE CITY OF PORT TOWNSEND, WASHINGTON, RELATING
TO REGIONAL WHOLESALE AND INDUSTRIAL WATER SERVICE AND ADDING
CHAPTER 13.18 TO THE PORT TOWNSEND MUNICIPAL CODE
RECITALS:
1. The City of Port Townsend and the Port Townsend Paper Company are negotiating a
water supply contract.
2. The Port Townsend Municipal Code is silent on water supply contracts,
3. This ordinance outlines the terms by which the City will supply wholesale or industrial
raw, or untreated, water.
NOW, THEREFORE,the City Council of the City of Port Townsend ordains as
follows:
Section 1. A new Chapter 13.18 Regional Wholesale and Industrial Water Service of
the City of Port Townsend Municipal Code is hereby added to the Port Townsend Municipal
Code as shown on Exhibit A. This ordinance amends Chapter 13 of the PTMC to add a new
Chapter 13.18.
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. Publication. This Ordinance shall be published by an approved summary
consisting of the title.
Section 4. Effective Date,. This Ordinance shall take effect and be in force five days
after the date of its publication in the manner provided by law.
ADOPTED by the City Council of the City of Port Townsend at a special business
meeting thereof, held this 13th day of December 2021.
Michelle Saridov
Mayor
Attest: Approved as to form:
...........................
Joanna Sanders, MMC Ilei i. Gree wootI
City Clerk City Attorney
Ordinance 3279 Exhibit A
Page 1 af'3
EXHIBIT A
CHAPTER 13.18
REGIONAL WHOLESALE AND INDUSTRIAL WATER SERVICE
13.18.010 Purpose
13.18.020 Contracts Authorized
13.18.025 Water Utility Tax
13.18.030 Raw Water Rates and Use Limitations
13.18.040 Water Meters
13.18.050 Water Supply Limitations
13.18.060 Water Supply Interruptions
13.18.070 Water Quality
13.18.080 Resale of Water
13.18.090 Discontinuation Water Service
13.18.010 Purpose.
The city owns the Olympic Gravity Water System which delivers untreated raw water from the
Quilcene Watershed to the city of Port Townsend and Quimper Peninsula. The provisions of this
chapter apply to the sale of raw water to regional wholesale water purveyors or private industrial
users. The city does not incur the cost of filtering or treating the raw water and therefore a
separate customer classification is created under the provisions of this Chapter.
13.18.020 Contracts authorized.
The city may contract for the sale and delivery of raw water through its Olympic Gravity Water
System for regional wholesale use or industrial purposes. Contracts shall specify allowable uses,
usage limitations, and rates. The power of the Council to enter into any such contract for the city
shall be deemed to be permissive and wholly at the discretion of the council. In construing the
mandate of this chapter, the right of contract shall be deemed precatory and not mandatory. In
the case of conflicts between this code and a contract, the contract shall prevail.
13.18.025 Water utility tax.
When a contract for the sale and delivery of raw water includes an administrative or overhead fee
that reimburses the city for the reasonable costs of administering the contract, the revenue
generated from the contract will be excluded from the water utility gross revenue prior to
calculating the tax imposed by Chapter 5.84 of the Port Townsend municipal code.
13.18.030 Raw Water Rates and Use Limitations.
Ordinance 3279 Exhibit A
Page 2 of 3
All raw water rates and charges for city water service to regional wholesale and industrial
customers shall be as set forth by council resolution, except as provided in a contract between the
city and a customer. When the contract between a customer and the city provides for rates and
charges based on the amount of committed volume or flow rate of water for delivery by city to
the customer, the city shall have no obligation for water delivery to a contract customer in excess
of committed volume or flow unless otherwise agreed between the city and customer.
13.18.040 Water Meters.
All water sales shall be based on metered water. The city shall own and maintain all water
meters. The customer may request meters to be tested and re-calibrated. If the meter is accurate,
the customer will pay for the cost of the test; but if the test reveals an inaccuracy of more than
1.0 percent, all billings for water from one year prior or the date of the preceding calibration
whichever is less will be adjusted. The adjustment will be for the full amount in excess of 1.0
percent. If metered water use is incomplete or inaccurate for a monthly billing period, the city
may bill the customer for such period based on estimated water use for any missing metered
days. The city may estimate use based the on the Average Day Demand for the preceding month
multiplied by the days in operation.
13.18.050 Water Supply Limitations.
The city may, through its administrative officials, regulate the use of water and may limit the use
of water in the event of shortage. Water supply priority shall be for city municipal system first
with wholesale and industrial raw water users having junior priority. The city shall have the
authority to install water flow control valves to regulate flow if necessary. The city shall not be
responsible for any damages caused to the customer by reason of decreased water supply.
13.18.060 Water Supply Interruptions.
In case of emergency, or whenever the public health, safety, or the equitable distribution of water
so demands, the Public Works Director may authorize changes to reduce or limit water delivery,
or temporarily discontinue the delivery of water. Water service may be temporarily interrupted
for purposes of making repairs, water system improvements or doing other necessary work.
Before so changing, reducing, limiting or interrupting the use of water, the Public Works
Department shall notify, insofar as practicable, all water consumers affected. The city shall not
be responsible for any damage resulting from interruption, change or failure of the water supply
system.
13.18.070 Water Quality.
Ordinance 3279 Exhibit A
Page 3 of 3
The city shall not be liable to any customer of raw water or to any person using the same, on
account of the use of such water for any purpose for which the same is unsuitable because of lack
of filtration or treatment.
13.18.080 Resale of Water.
Resale of raw water shall be prohibited unless expressly approved by the city by agreement.
13.18.090 Discontinuation Water Service.
The city shall not be liable for discontinuation of water service due to uncontrollable
circumstances.