TOCPREVNEXT


Chapter 13.04
Water

Sections:

Article I. General Provisions

13.04.000 Title.

13.04.020 Water Fund.

13.04.030 Rates – Regulations.

13.04.040 Equipment – Projects – Minor Expenditures.

13.04.050 Applications.

13.04.0502 Applications for Connection.

13.04.0504 Application Information.

13.04.0506 Applicant to Furnish Building Permit.

13.04.0508 Building Construction or Repair – Report from Building Official.

13.04.0510 Effect of Application.

13.04.0512 Changes in Service.

13.04.060 Meter Required.

13.04.0602 Meter Supply.

13.04.0604 Authority Over Meters and Valves.

13.04.0606 Inspection of Meters.

13.04.0608 Testing Meters – Expense.

13.04.070 Materials – Removal for Nonpayment.

13.04.080 Construction Specifications.

13.04.0802 Separate Service.

13.04.0804 Unauthorized Extensions Unlawful.

13.04.0806 Service Pipes – Cocks.

13.04.0808 Standpipe and Sprinkler Connections.

13.04.0810 Charge for Standpipe or Sprinkler.

13.04.0812 Actual Connections to Be Made by Department.

13.04.0814 Purpose.

13.04.0816 Definitions.

13.04.0818 Cross-connections Prohibited – Nuisance Declared.

13.04.0820 Director’s Authority.

13.04.0822 Inspection and Testing – Customers to Cooperate.

13.04.0824 No Duty – Ratification.

13.04.090 Water LID Waiver Agreement.

13.04.100 Protection of Service Facilities – Owner’s Obligations.

13.04.1002 Service Pipes and Connections within Private Property – Repair and Protection From Freezing – Hot Water Damage.

13.04.1004 Securing Meters and Pipes Against Damage, Strain, or Settling.

13.04.1006 Driveways – Removal or Protection of Service Pipes.

13.04.1008 Valves and Outlets Sealed – Fire Inspections.

13.04.110 Repairs on Private Property.

13.04.120 Entry of Premises – Testing.

13.04.130 Use of Fire Hydrants – Stop Valves and Stopcocks.

13.04.140 Responsibility for Water Supply – Mains.

13.04.1402 Specific Municipal Disclaimer – Damage Prevention Devices.

13.04.150 Water Supply.

13.04.1502 Temporary Hookup.

13.04.1504 Interruption or Restriction of Service.

13.04.1506 Locale of Shutoff.

13.04.1508 Refusal of Service – No Rights Created.

13.04.160 Payment – Liens.

13.04.1602 Appointment of Agent for Multiple-Dwelling Units.

13.04.170 Time of Commencement.

13.04.180 Abatement of Public Nuisance.

13.04.190 Prohibitions.

13.04.1902 Leaking Fixtures – Waste of Water.

13.04.1904 Stealing Water.

13.04.1906 Call Ins.

13.04.1908 Tampering.

13.04.1910 Unauthorized Keys.

13.04.1912 Bathing – Fishing.

13.04.1914 Contamination.

13.04.1916 Duty to Report Contamination.

13.04.1918 Obstructing Fire Hydrants.

13.04.1920 Miscellaneous Prohibitions.

13.04.1922 Outside the City Water Service.

Article II. Rates

13.04.2002 City Residence Rates.

13.04.2004 City Commercial and Industrial Rates.

13.04.2006 Small Meter – Multi-Meter.

13.04.2008 Construction Rates.

13.04.2010 Water for Private Fire Protection.

13.04.2012 Outside City Residence Rates.

13.04.2014 Outside City Rate to Other Purveyors.

13.04.2016 Outside City Commercial and Industrial Rates.

13.04.2018 Major Fraction.

13.04.2020 Remote Reading Equipment Installation.

13.04.2022 Turning Water On or Off – Other Charges.

13.04.2024 Hydrant Fees.

13.04.2026 Small Taps and Meters.

13.04.2028 Large Taps and Meters.

Article III. Water General Facilities Charge

13.04.2040 Water GFC General Provision – Long Connection.

13.04.2042 Water General Facilities Charge – Schedule of Charges.

Article IV. Violation – Penalty

13.04.300 Penalty.

Article I. General Provisions

13.04.000 Title.

This chapter may also be referred to as the “water code.”

Cross Reference: SMC ch. 13.01.

13.04.020 Water Fund.

Payments for City water utility service and/or any other payment or charge, including labor and materials, are made to the city treasurer and by him placed to the credit of the water fund, as provided in SMC 7.08.400.

13.04.030 Rates – Regulations.

A.  The director of the water and hydroelectric services department, subject to the approval of the city council, fixes a schedule of prices to be charged and paid for water service from the City or for related services provided by the City. He may assess a reasonable charge for items or services not encompassed in the fee schedule.

B.  The director of the water and hydroelectric services department, subject to the approval of city council, makes such rules and regulations concerning matters covered by this chapter and as may be required for the proper operation of the City water and hydroelectric services department.

C.  Approved rates, rules and regulations shall be published in one issue of the Official Gazette and shall then have the effect of law. Changes to the rates, rules and regulations are accomplished in the same way.

Cross Reference: SMC 8.02.073.

13.04.040 Equipment – Projects – Minor Expenditures.

A.  To the maximum extent permitted by law, the City may acquire such equipment, engage in projects, enter into contracts, and perform such functions as may enable it to carry out its water supply, management and conservation responsibilities and such other purposes as the city council may direct. These powers shall be broadly construed to accomplish their intended purpose.

B.  The city council approves departmental expenditures of funds for equipment and projects, which may be funded by the water fund, by grant, or by appropriation from federal, state, or local resources as the city council may authorize, subject to the requirements of law.

C.  Any expenditure of less than two thousand five hundred dollars may be made without city council approval, except all such expenditures shall be from the water fund.

13.04.050 Applications.

See SMC 13.04.0502 through 13.04.0512.

13.04.0502 Applications for Connection.

A.  Connections or installations with the City water system are permitted only upon submission of a proper application, on a form approved by the director of water and hydroelectric services, and payment of required fees.

B.  Except as otherwise specifically allowed, the service applicant shall be the property owner or an authorized agent. The director of water and hydroelectric services may require permission of or notice to the property owner for connection or change if the service applicant is not the owner.

[Ord. C32762; Passed: 12/11/2000]

13.04.0504 Application Information.

The applicant shall provide such information as required by the director of water and hydroelectric services, which may include:

A.  all the purposes for which the water shall be used;

B.  the number of service pipes desired;

C.  whether there is to be more than one structure or building, or more than one separate parcel or property, supplied by the one service connected with the City main, and the number and kind of buildings and properties so supplied;

D.  the number of flats or apartments in the building;

E.  if it be a flat or an apartment building, whether the applicant will furnish his own or have the City supply the meter;

F.  the location where the City main is to be tapped, and the size of the tap to be made; and

G.  the location of the property by lot, block, addition and street number.

[Ord. C32762; Passed: 12/11/2000]

13.04.0506 Applicant to Furnish Building Permit.

Any person desiring to have premises connected with the water supply system of the City of Spokane shall present a copy of the building permit or furnish such comparable information as required by the director of water and hydroelectric services.

[Ord. C32762; Passed: 12/11/2000]

13.04.0508 Building Construction or Repair – Report from Building Official.

The director of water and hydroelectric services may request the building official to report to him the beginning of construction or repairs of all buildings in the city, including a copy of the building permit issued, containing a general description of the building to be erected or repaired, the name of the owner and contractor thereof, the official house number and street name, the lot, block and addition.

[Ord. C32762; Passed: 12/11/2000]

13.04.0510 Effect of Application.

All applicants and their successors shall be required, and shall be deemed to have agreed, to comply with all the rules and regulations of the water and hydroelectric services department and the provisions of this chapter, to pay the cost of making the connection and supplying and installing the meter, and to pay for all water used on the premises, at the rate provided in said rules.

13.04.0512 Changes in Service.

Service connections may be removed or changed on request to the director of the water and hydroelectric services by approved application furnished by the director, and upon payment of applicable tapping and inspection fees, subject to all other requirements for new connections.

[Ord. C32762; Passed: 12/11/2000]

13.04.060 Meter Required.

Connections shall be made only through a water meter or other device approved by the director of water and hydroelectric services.

[Ord. C32762; Passed: 12/11/2000]

13.04.0602 Meter Supply.

A.  Water meters may be supplied by the water and hydroelectric services department or procured by the service applicant. They must be of a standard size and design approved by the director of water and hydroelectric services.

B.  Costs of the water meter and installation must be paid by the service applicant, in addition to any testing and/or inspection fees required by the director of water and hydroelectric services.

C.  All meters shall, before installation, be examined and approved by the director of water and hydroelectric services. They must have necessary valves and be set in a manner approved by the director of water and hydroelectric services.

[Ord. C32762; Passed: 12/11/2000]

13.04.0604 Authority Over Meters and Valves.

A.  So long as water service is connected or available to the premises, all meters, valves, or other such devices up stream from the meter and including the meter shall remain subject to the strict regulation of the department and no person may tamper with, repair, or replace any such items.

B.  Meters and other such devices of a particular type or capacity shall be deemed fungible and the department, in the course of maintenance and repair of meters and other such devices, may replace the same with others of equal condition and value.

C.  This section shall not be construed to create any obligation on the part of the City to make repairs nor create liability or responsibility for acts or omissions of the property owner or any third party.

13.04.0606 Inspection of Meters.

Meters shall at all times be accessible to the meter inspector of the department, and where it is necessary for the property owner or lessee to place the meter under lock and key, a key shall be furnished to the meter inspector. Except as hereafter required, meter tests are to be paid for by the party requesting them.

13.04.0608 Testing Meters – Expense.

A.  Where the accuracy of record of a water meter is questioned, it may be removed at the customer’s request and tested in the shops of the water and hydroelectric services department by means of the apparatus there provided or other reasonable means, and a report thereon will be duly made.

B.  It shall be the privilege of the customer to be present at the department shops and witness such test. Both parties to the test must accept the findings so made.

C.  If the test discloses an error against the customer of more than three percent on the meter’s registry, the department will bear the entire expense of the test. Where no such error is found, the person who has requested the test shall pay the charge fixed for such test.

D.  The director of water and hydroelectric services may require a reasonable deposit, sufficient to secure the costs of removal and testing, prior to the test, to be refunded if an error against the customer is discovered as above provided.

[Ord. C32762; Passed: 12/11/2000]

13.04.070 Materials – Removal for Nonpayment.

Materials, including meters supplied by the City at the request of a service applicant, may be removed at the service applicant’s sole expense and liability where the applicant fails to make full payment therefor, promptly as billed.

13.04.080 Construction Specifications.

A.  Every service pipe shall be provided with a stop and waste cock for each recipient, easily accessible, placed inside the foundation wall, beyond damage from frost, and so situated that the water can be conveniently shut off and drained from the pipes.

B.  All water pipes in buildings shall be so arranged as to drain toward the stop and waste cock or drain cocks placed for that purpose.

C.  All water pipe shall be soft annealed type K copper water pipe or approved equal as provided in the director’s regulations.

D.  All service pipes inside property lines shall hereafter be laid to a depth of at least four and one-half feet below the surface of the ground.

E.  All service pipes laid inside the property line on any premises shall be left exposed in the trench until inspected by the water service inspector, and when they have passed inspection and have been approved, the pipes shall be properly covered by the property owner.

Cross Reference: SMC ch. 11.09.

13.04.0802 Separate Service.

A.  Each building served must have a separate connection and separate meter unless otherwise specifically authorized by the director of water and hydroelectric services, but such privilege may be revoked at any time by the director for any reason. He may waive the requirement in cases of two or more adjacent buildings under a common ownership or for other good reasons consistent with the public health and safety (e.g., no accessible water main on abutting streets).

B.  The director of water and hydroelectric services may further require the property owner to execute and record at his expense an easement appurtenant to and for the benefit of premises crossed by the service main on a form supplied by the director of water and hydroelectric services, allowing perpetual access to said service main by all premises crossed and mutually covenanting to maintain said service main for the enjoyment of all such premises. Said easement shall not be subject to revocation without the written approval of the director of water and hydroelectric services. The City shall have no repair or maintenance obligations as to any such service main.

C.  Where the requirement is waived because of common ownership, the waiver expires automatically when premises or buildings are separately owned, unless affirmatively extended by the director of water and hydroelectric services.

D.  Exceptions to the requirement of separate connection may be revoked without cost or liability to the City and the premises/ building served shall thereafter be required to make a separate connection and install a separate meter at the property owners sole expense and liability.

[Ord. C32762; Passed: 12/11/2000]

13.04.0804 Unauthorized Extensions Unlawful.

Extensions of City utilities services from any building or premises to other buildings or premises without submitting written application on forms provided by the director of water and hydroelectric services, payment of required fees, and the director’s approval, are unlawful.

[Ord. C32762; Passed: 12/11/2000]

13.04.0806 Service Pipes – Cocks.

A.  All service pipes from the City mains or from other service pipes to the property line, including a service cock, are to be placed at the property line. Except where restricted by law, said items may be installed by the City, but the cost of installing the same shall be paid by the property owners.

B.  Where areas have been excavated under the sidewalk, the service pipes shall be laid by the City only to the inside of the area wall. The property owner must install and maintain at his own expense all service pipes and all plumbing within his own premises, subject to inspection and approval of the water and hydroelectric services department.

C.  Multiple service pipes are not permitted without specific approval from the director of water and hydroelectric services.

[Ord. C32762; Passed: 12/11/2000]

Cross Reference: SMC 13.04.0812, 13.04.130.

13.04.0808 Standpipe and Sprinkler Connections.

A.  Connections with the City mains for standpipe and sprinkler service to be used for protection in case of fire are subject to the same requirements as other service connections unless otherwise determined by the director of water and hydroelectric services.

B.  In all cases, the applicant shall provide such valves, meters, or other devices as approved by the director at the applicants sole cost and liability.

C.  Such connections may be made entirely separate from regular service taps, the complete installation to be made under the supervision of the water and hydroelectric services department.

[Ord. C32762; Passed: 12/11/2000]

13.04.0810 Charge for Standpipe or Sprinkler.

A.  To cover the costs of carrying a supply of water under pressure in such service, inspection and possibility of leakage and waste, an annual or other charge for standpipe or sprinkler service connections may be assessed at the rates to be provided in the rules of the director.

13.04.0812 Actual Connections to Be Made by Department.

All actual connections to the City water system, whether to mains or to service stubs, shall be accomplished by the department of water and hydroelectric services and not by any private agency.

Cross Reference: SMC 13.04.0806.

13.04.0814 Purpose.

The purpose of the City of Spokane cross-connection control program is to establish and codify a municipal cross-connection control program to protect the public health and safety, consistent with WAC 246-290-490. In implementing this program the director is guided by the manual of Accepted Practice and Procedure in Cross-Connection Control – Pacific Northwest Section – American Waterworks Association.

[Ord. C31957; Passed: 7/28/1997]

13.04.0816 Definitions.

For purposes of the cross-connection control program, the following definitions apply:

A.  “Backflow” is the flow of water or other liquids, fluids, gases, or any substance whatsoever, from a source outside the public water supply back into the public water supply. Backflow or reversed flow may occur due to either back pressure (pushing) or back siphonage (pulling).

B.  “Backflow” prevention device is a device or assembly approved by the director or health officer designed and tested to counteract back pressure and back siphonage.

C.  “Containment” is a method of backflow prevention requiring the installation of a backflow prevention assembly or device at the point a water service line enters the premises served.

D.  “Contamination” is the entry into or presence in the public water supply of any substance which the director or health officer determines will or might adversely affect the public health or the aesthetic qualities of the water (appearance, taste, or odor). “Contaminated water” is water with contamination.

E.  “Cross-connection” is any physical arrangement whereby the public water supply of the City of Spokane is connected, directly or indirectly, or in the judgement of the director or health officer has a risk of becoming connected, to a source of contamination as a result of backflow. Sources of contamination might include but are not limited to any other public or private water supply system, tank or storage reservoir, sewer line, sewer drain, conduit, pool, or any plumbing or fixture whatsoever which contains or might contain contaminated water, sewage, or other waste liquid of unknown or unsafe quality.

F.  “Cross-Connection Control Manual” or “Manual” is the latest edition of “Accepted Practice and Procedure in Cross-Connection Control” promulgated by the Pacific Northwest Section of the American Waterworks Association. A copy of the manual is available for public inspection at the department of water and hydroelectric services offices.

G.  “Cross-connection control program” is the City of Spokane’s effort to prevent and control cross-connections, as required by WAC 246-290-490, expressed in the Cross-Connection Control Manual, SMC 13.04.0814 through 13.04.0824, and any regulations or orders issued by the director in implementation of said program.

H.  “Customer” is any person or other entity at premises reflected in the departments files as an authorized connection to the City’s public water service system.

I.  “Director” is the director or administrative head of the department of water and hydroelectric services.

J.  “Isolation” is a method of backflow prevention where a backflow prevention assembly or device is located at a point of a cross-connection, rather than the premises or property line.

K.  “Service connection” or “service line” is the connection between the public water supply system to a customers premises or customer-operated distribution system.

[Ord. C31957; Passed: 7/28/1997]

13.04.0818 Cross-connections Prohibited – Nuisance Declared.

A.  No person or entity may install, maintain, or permit a cross-connection in violation of the cross-connection control program requirements. Consistent with the definition of cross-connection herein, this prohibition is specifically intended to include potential sources or risks of contamination through backflow to the public water system. Any such cross-connection shall be immediately removed by the customer, or the department may do so and bill the costs to the customer and/or other responsible parties, as determined by the director.

B.  The installation or maintenance of a cross-connection condition is declared a public nuisance, subject to immediate abatement or removal by the City at the customer’s sole risk and liability.

[Ord. C31957; Passed: 7/28/1997]

13.04.0820 Director’s Authority.

A.  The director or an authorized representative of the department may require any customer or occupant of premises to cooperate in providing any information, access to premises or any building, or testing or inspection requested relating to the enforcement of the City’s cross-connection control program. Failure to cooperate with any such request, in addition to being a violation of this chapter, is grounds for denial or termination of water service, with or without further notice.

B.  In addition to the specifications in the Cross-Connection Control Manual the director may issue regulations or, in a specific case, an order, to implement the City’s cross-connection control program and may assess additional fees or charges to customers and/or other responsible persons for inspections, tests, equipment, or other items furnished in the course of implementing the City’s cross-connection control program. Such regulations or orders may address:

1.   minimum cross-connection control operating policies,

2.   backflow-prevention-device installation practices, containment and isolation requirements, and

3.   backflow-prevention-device testing procedures and records-keeping requirements.

[Ord. C31957; Passed: 7/28/1997]

13.04.0822 Inspection and Testing – Customers to Cooperate.

A.  Customers are required to cooperate fully with the City in implementing the cross-connection control program. Customers may be required to provide satisfactory evidence of cross-connection control to the department, and to allow inspection, testing, or other examination, including inspection and testing of backflow prevention devices, all as deemed necessary to implement the City’s cross-connection control program.

B.  The department shall have access to all service connections, premises and buildings served by the City’s public water system during regular business hours for inspection and testing purposes to ascertain the need to eliminate or control cross-connections, or at any time in case of emergency.

C.  Compliance with the City’s cross-connection control program requirements are additional terms and conditions under which the City of Spokane supplies water service to its customers. The department may terminate service by any means, with or without prior notice, for failure to comply with the City’s cross-connection control program. This specifically includes installation and maintenance of backflow prevention devices required by the department.

[Ord. C31957; Passed: 7/28/1997]

13.04.0824 No Duty – Ratification.

A.  Notwithstanding any other provision, no duty on the part of the City of Spokane, its officers, agents, or employees is created. Any duty nonetheless deemed to arise is declared to be a duty to the general public only and not to any particular person, group, class, or entity.

B.  All actions taken by City departments or officials pursuant to the provisions of WAC chapter 246-290 and the Cross-Connection Control Manual are hereby ratified and confirmed.

[Ord. C31957; Passed: 7/28/1997]

13.04.090 Water LID Waiver Agreement.

A.  Where an owner of property seeks to connect to the public water supply and the city engineer determines the premises concerned are or may be in need of additional water main or other facilities construction to be financed by means of a local improvement district mechanism, such owner shall obtain from the division director of engineering services and execute, as a condition of connection, a water waiver agreement for a local improvement district (LID) water assessment.

B.  Said agreement shall provide the signatory waives the right to protest the establishment of any local improvement district for the installation of a public water main which may be proposed and/or to claim lack of benefit or less benefit than the amount of the assessment and to join in said LID petition creating said district. Said owner shall file said waiver and pay all filing fees required for the recording of said agreement with the county auditor.

13.04.100 Protection of Service Facilities – Owner’s Obligations.

See SMC 13.04.1002 through 13.04.1008.

13.04.1002 Service Pipes and Connections within Private Property – Repair and Protection From Freezing – Hot Water Damage.

A.  The service pipe connections and other apparatus within any private premises must be kept in good repair and protected from freezing at the expense of the owner or lessee, who will be responsible for all damages resulting from leaks and breaks.

B.  The repairs of any meter damage by hot water shall be charged to the owner of the property for which such meter was installed. The deformation or warping of a metered disc or a register figure disc or other comparable device of any meter shall be held to be prima facie evidence of such damage having been caused by the action of heat.

C.  In case of neglect to promptly repair any service or fixture, or make any changes or alterations required in this chapter, the director of water and hydroelectric services shall have authority, when deemed necessary, to go on the premises and make or cause to be made such changes, alterations or repairs, and charge the same against the premises and the owner thereof.

13.04.1004 Securing Meters and Pipes Against Damage, Strain, or Settling.

Whenever a meter is to be or has been installed within that portion of the street lying between the curbline and the property line and in which an areaway exists, the director of water and hydroelectric services shall cause the erection of such bases, supports, or barriers as will reasonably secure the meter and pipes connected therewith against any damage or strain or settlement. The cost of the erection of such bases, supports, or barriers shall be charged against the property for which the meter was installed and to the owner thereof.

[Ord. C32762; Passed: 12/11/2000]

13.04.1006 Driveways – Removal or Protection of Service Pipes.

A.  Whenever a driveway or crossing, to be used for vehicular traffic, is constructed within that portion of a city street lying between the curb line and the property line, the director of water and hydroelectric services shall cause the removal and relocation of any water service connection or any part thereof which may be within the lines of such driveway or crossing; provided, however, that instead of such removal of water service connection the director may, if he deems it advisable, cause the construction and placing of an iron or masonry box or chamber of sufficient strength to withstand the stress of vehicular traffic.

B.  The cost of removal, relocation, or maintenance of water service connections as provided in this section shall be charged against the property for which the driveway or crossing was constructed and to the owner thereof.

[Ord. C32762; Passed: 12/11/2000]

13.04.1008 Valves and Outlets Sealed – Fire Inspections.

A.  Every valve or outlet must be sealed. Seals may be broken only in case of fire, and in such case prompt notification must be made to the water and hydroelectric services department, and the valve will be resealed.

B.  The premises upon which any such fire protection service is installed shall be open to the inspection of any authorized representative of the department at all times, and the owner or tenant shall give such representative all reasonable facilities for making the inspection and any information he may require. The owner or tenant can test the apparatus at any time by notifying the department that such a test is desired, and a time will be fixed for the test to be made.

13.04.110 Repairs on Private Property.

A.  Unless specifically authorized by the director of water and hydroelectric services, all repairs to any portion of a facility or the water supply system located on private property are the responsibility of the property owner and in the event the director orders such repairs to be performed by City crews or others for the protection of the system and/or public health and safety, such repairs shall be paid for by the property owner as a condition of continued service.

B.  This section shall not be construed to create any obligation on the part of the City to make repairs.

[Ord. C32762; Passed: 12/11/2000]

13.04.120 Entry of Premises – Testing.

The water and hydroelectric services department reserves the right to enter at any reasonable time any premises where City water is used, for the purpose of making an examination of the premises, or a reading or test of the meter, or for any other reasonable purpose related to utility service, and it also reserves the right to remove the meter from the premises for examination and test when necessary.

13.04.130 Use of Fire Hydrants – Stop Valves and Stopcocks.

A.  It is unlawful for any person, except when duly authorized by the director of water and hydroelectric services, and except a member of the fire department, to open, operate, close, turn on, turn off, interfere with, attach any pipe or hose to, or connect anything with, any fire hydrant, stop valve, or stopcock belonging to the City.

B.  Any person, other than employees of the fire department, requiring the use of any hydrant, stopcock, or valve belonging to the City must make written application for the same in advance to the director of water and hydroelectric services. The director shall then send a hydrant inspector to open such hydrant, stopcock, or valve, and the time of such inspector shall be charged to the person making application for the use of such hydrant, stopcock, or valve.

C.  Should it be necessary for the inspector to remain at the hydrant, stopcock, or valve until the person using the same has secured the necessary supply of water, the full time consumed by the inspector shall be charged to the person securing such service. The director of water and hydroelectric services may require a deposit in advance as a condition for supply of such water.

D.  The director of water and hydroelectric services may also permit qualified plumbers, licensed and bonded in accordance with state laws, to open and shut the street cock in order to make the necessary repairs or to test their work, and in every such case such persons shall leave the stop cock as they found it. They shall be responsible for any damage, losses, or liabilities of the City or third parties arising from their acts, errors, or omissions.

[Ord. C32762; Passed: 12/11/2000]

Cross Reference: SMC 13.04.0806, 13.04.0812.

13.04.140 Responsibility for Water Supply – Mains.

A.  The City assumes no responsibility whatsoever for any private water pipes, mains, devices, fixtures, or appurtenances not located upon public property or the public right-of-way. This lack of City responsibility applies to costs of construction, repair, and/or maintenance and liability for losses, claims, damages, or injuries arising directly or indirectly from the use or existence of said nonpublic pipes and fixtures.

B.  Except as required by the general laws of this state, the City assumes no additional responsibilities for the maintenance, pressure, or supply of water and this code shall not be construed to expand such responsibilities.

13.04.1402 Specific Municipal Disclaimer – Damage Prevention Devices.

A.  The City specifically disclaims all liability for damage to property or injury to persons accruing from temporary or permanent shutoff of water for necessary repairs, in time of emergency, or for other good cause, or because of breakage of any pipe or fixture of the City water supply system, or due to high or low pressure or changes in pressure, this nonliability being a condition of accepting service from the City, except as otherwise required by the laws of this state.

B.  Water consumers who have any machinery, material, process or plant which requires a constant supply of water shall install upon their premises such water storage facilities as will prevent any damage in case the City water supply may, for any reason, be interrupted or discontinued.

13.04.150 Water Supply.

See SMC 13.04.1502 through 13.04.1508.

13.04.1502 Temporary Hookup.

The director may allow temporary connections to the City water supply directly or through current authorized recipients of City water. He shall furnish applications therefor and require such inspections and fees as he deems necessary for the protection of the public health and safety, the needs of the system, and to insure proper payment for enjoyment of its benefits. Except as thus permitted, all connections are prohibited.

13.04.1504 Interruption or Restriction of Service.

A.  Service may be interrupted or terminated, restricted, rationed, or curtailed, with or without notice, as the director shall determine, for all necessary repairs, construction, or alterations and in case of emergency, threat, or danger to the public health or safety.

B.  In case of severe dry weather, fire, or other disaster or calamity, the director shall be authorized to restrict, ration, or curtail the public use of water when he finds it necessary to do so to protect the public health and safety.

C.  Service to any premises may be suspended for nonpayment of accounts. Such suspension shall not relieve the person owing such account from the duty of complying with the provisions of this chapter. Such suspension shall render the premises where such service is suspended subject to condemnation for sanitary reasons and/or exercise of municipal power to abate a public nuisance at the risk and expense of the owner of the premises and/or other responsible persons.

Cross Reference: SMC 4.02.160(D).

13.04.1506 Locale of Shutoff.

A.  The director determines the method and location of shutoffs. In general, shutoff locations shall be at the curb cock, placed at the property line.

B.  No person may turn on water shut off by the department without the director’s consent or approval. The director sets fees for shutoff and turn on.

13.04.1508 Refusal of Service – No Rights Created.

A.  Water service may be refused or reconnection denied where the provisions of this chapter or the rules or regulations of the director are violated. This section includes failure to obtain all inspections, perform proper installations due to localized contamination or health hazards, or failure to pay all fees required.

B.  This chapter shall not create rights to require construction of public works mains or supply facilities, to make connection thereto, or otherwise to receive water service from the City on the part of any person. The City reserves all rights to deny, limit, or curtail service consistent with federal and state laws.

13.04.160 Payment – Liens.

A.  All charges for the services rendered, including utility service, special jobs, and labor and materials, are payable to the city treasurer.

B.  If such charges are not paid, upon delinquency the amount thereof shall become a lien against the premises receiving water service as provided in RCW 35.21.290 and 35.21.300 and any other applicable laws.

C.  All additional lien and enforcement rights by statute and at common law are reserved by the City of Spokane.

Cross Reference: SMC ch. 4.02.

13.04.1602 Appointment of Agent for Multiple-Dwelling Units.

In cases of hotels, motels, mobile home parks, condominiums, apartment houses, other multiple-dwelling unit arrangements, or any other areas whatsoever requiring water service, the director of water and hydroelectric services may in his discretion require multiple tenants or property owners to appoint an agent responsible and accountable to the department for making payment for City water service when the director deems multiple billings unreliable or inconvenient. Failure of an agent to discharge any duty imposed by this section shall not relieve any property owner or any other person of any legal obligation imposed herein and the City reserves all rights and remedies at contract and law.

[Ord. C32762; Passed: 12/11/2000]

13.04.170 Time of Commencement.

Rates will be charged for service from the day the premises are connected to the City water supply and the water turned on.

13.04.180 Abatement of Public Nuisance.

A.  Notwithstanding any other provision of this chapter, and in addition thereto, the maintenance of any condition inimical to the public health and safety or creating or tending to create a risk to the public health and safety, specifically including the public water supply system, shall constitute a public nuisance and, in the discretion of the director of water and hydroelectric services, or other authorized official, shall be subject to immediate abatement by the City at the premises owner’s and/or responsible person’s expense and liability.

B.  Abatement of any nuisance as above defined may be billable as utility service furnished to the premises wherein the condition arose or exists.

C.  This section shall not limit the premises owner’s or other party’s rights to seek recovery against other responsible persons.

[Ord. C32762; Passed: 12/11/2000]

13.04.190 Prohibitions.

See SMC 13.04.1902 through 13.04.1920.

13.04.1902 Leaking Fixtures – Waste of Water.

A.  No water recipient or owner of premises served may permit unnecessary waste or use of water because of leaking faucets or fixtures.

B.  No water recipient or owner of premises served may waste or permit the waste of water or use an amount in excess of that actually needed for domestic, irrigation, or other lawful purposes.

13.04.1904 Stealing Water.

No person may take water or permit water to be taken from the water supply of the City through any means unauthorized by the water and hydroelectric services department, or use or permit the use of said water without making payment therefor.

13.04.1906 Call Ins.

No person may call in false or erroneous meter readings.

13.04.1908 Tampering.

No person may:

A.  open or shut any street cock or in any way tamper with or injure any meter, hydrant, valve, or service pipe connecting any premises or building with the City water supply, or

B.  tap or in any manner tamper with any fire line unless such person be a regular employee of the City and have authority to do so, or as otherwise provided herein.

13.04.1910 Unauthorized Keys.

No unauthorized person may knowingly have and keep in his possession or under his control any curb cock key, valve key, or hydrant wrench to the City water supply system, and no person may without authority make, construct, buy, sell, or in any wise dispose of to any person, any curb cock key, valve key, or hydrant wrench to the City water supply system.

13.04.1912 Bathing – Fishing.

No person may bathe in, fish in, or throw any substance into any reservoir or standpipe, or to place any foreign substance upon any grounds belonging to or under the control of the water supply system of the City.

13.04.1914 Contamination.

No person may contaminate, pollute, or endanger in any way, directly or indirectly, the water supply system of the City or permit others to do so. A contaminant is any substance introduced without specific authorization of the City.

13.04.1916 Duty to Report Contamination.

Every person, upon knowledge of the facts, is required to report immediately to the director of water and hydroelectric services any contamination, pollution, or introduction of any unauthorized substance into the water supply system of the City. This duty applies to accidental, careless, or intentional incidents, regardless of the agency or means of introduction or the person or persons responsible therefor.

[Ord. C32762; Passed: 12/11/2000]

13.04.1918 Obstructing Fire Hydrants.

No person may:

A.  obstruct the access to any fire hydrant by placing around, thereon, or within twenty feet thereof, any stone, brick, lumber, dirt, rubbish, or other material, or

B.  open or operate any fire hydrant, or

C.  draw or attempt to draw water therefrom, or

D.  willfully or carelessly injure the same, or

E.  fill up or cover over any valve box, or

F.  in any manner tamper with or injure the same.

13.04.1920 Miscellaneous Prohibitions.

Every person who, with intent to injure or defraud, shall:

A.  break, move, disturb, or deface the seal of any water meter or any other seal applied to any other device by water and hydroelectric services department employees; or

B.  obstruct, alter, injure, or prevent the action of any meter or other instrument used to measure or register the quantity of water supplied to the consumer thereof; or

C.  Bypassing Meter.

1.   make or permit any connection by means of a pipe, or otherwise, with any main or pipe used for the delivery of water, in such manner as to take or permit the taking of water from said main or pipe without its passage through the meter or other instrument provided for registering the amount or quantity consumed, or

2.   use any water so obtained; or

D.  make any connection or reconnection with such main or pipe, or turn on or off, or in any manner interfere with any valve, stop cock, or other appliance connected therewith; or

E.  prevent by the erection of any device or construction, or by any other means, free access to any meter or other instrument for registering or measuring the amount of water consumed, or interfere with, obstruct or prevent, by any means, the reading or inspection of such meter or instrument, by any of the officers or authorized employees of the City;

commits a misdemeanor.

[Ord. C31589; Passed: 3/25/1996]

13.04.1922 Outside the City Water Service.

A.  City water utility service is initially intended to provide for the needs of the residents of the City of Spokane. The city reserves the right to decline to serve any area outside the city, or to condition such service upon entry into a written contract, upon such additional terms and conditions as may be determined at the time service is requested or thereafter, as municipal needs may require, considering additional expenses imposed or burdens created by outside the city service.

B.  Pursuant to authority granted by RCW 35.92.020, the director of water maintenance is authorized to enter into agreements for and on behalf of the city with owners of property beyond the city limits permitting connection of such property to the city’s water utility service upon the terms and conditions and subject to the payments prescribed in this article when, in his/her judgment, such connection will not overload or imperil the city’s water system, including domestic and fireflow pressure, supply resources and municipal water rights, all as may be needed by current or future city customer needs, and as further subject to any other applicable laws or restrictions.

C.  In the event all aspects of service are not specifically addressed by contract or otherwise specifically provided, any other portions of this chapter or SMC chapter 13.01 may be applied by the director of water maintenance, where deemed necessary, as terms and conditions of service to outside the city customers.

[Ord. C33363 § 15; Passed: 12/22/2003]

Article II. Rates

13.04.2002 City Residence Rates.

A.  

1.   Within the city limits, the service charge for each single-family residence shall be $7.51 (2004), $7.74 (2005), $7.97 (2006) per month that the water is on, as reflected in the records of the City of Spokane general services department. For two or more single-family residences on one meter, the above service charge shall apply for each residence.

2.   For purposes of this chapter, a “single-family residence” designation applies to each self-contained, stand alone living unit with:

a.   at least one kitchen or cooking area room, which must include a sink; and

b.   at least one bathroom, which must include a toilet, bathtub and sink or a toilet, shower and sink.

B.  Within the city limits, each one hundred cubic feet, or major fraction (approximately seven hundred fifty gallons) of water used, there will be a charge of 64¢ (2004), 66¢ (2005), 68¢ (2006).

C.  No vacancy allowance will be made on any house in a group served by one meter unless all houses served by one meter are vacant and the water is shut off at the city valve by the department of water and hydroelectric services upon proper request in writing.

D.  Family day-care homes shall be billed at the single-family rate. For purposes of this provision, “family day-care homes” shall mean a day-care facility furnishing care, supervision and guidance for persons twelve years of age or younger for more than four, but less than twenty-four, hours in a day, licensed as such by the state department of social and health services, and which regularly provides such care during part of a twenty-four-hour day for no more than twelve children in the dwelling of the person(s) in charge.

E.  Any water meter not having a remote reading device will be charged a meter reading charge of $5.68 (2004), $5.85 (2005), $6.03 (2006) each month it is scheduled to be read and billed water usage.

[Ord. C33363 § 1; Passed: 12/22/2003]

Cross Reference: SMC 13.03.1202(B), Wastewater Rates.

13.04.2004 City Commercial and Industrial Rates.

A.  These rates apply to commercial and industrial customers and to all other customer premises not specifically identified on city utilities billing records as single-family residences. The rates are for service inside the city limits of the City of Spokane.

B.  Service Charge.

Size of Service

Service Charge per Month

 

2004

2005

2006

1" or less

$10.27

$10.58

$10.90

1 1/2"

$18.79

$19.35

$19.93

2"

$27.30

$28.12

$28.96

3"

$44.68

$46.02

$47.40

4"

$62.13

$63.99

$65.91

6"

$88.50

$91.16

$93.89

8"

$183.03

$188.52

$194.18

10"

$268.02

$276.06

$284.34

C.  Consumption.

Amount of Water Used

Charge Rate per 100 Cubic Feet

 

2004

2005

2006

All Amounts

64¢

66¢

68¢

[Ord. C33363 § 2; Passed: 12/22/2003]

13.04.2006 Small Meter – Multi-Meter.

When meters smaller than the service are used, the size of the meter shall control the service charge. The meter shall not be less than one standard pipe size smaller. Two or more accounts on multiple metering under one ownership in the same complex shall take the commercial rate plus service charge of each meter.

[Ord. C33118 § 3; Passed: 12/9/2002]

13.04.2008 Construction Rates.

A.  Rates for water used during construction will be charged per month, or fractional part thereof, in accord with the following table, until the meter is set. Worksite will be inspected at least every ninety days to determine meter status. The meter installation will be made at the earliest possible date.

B.  Construction Charge Table.

Size of Service

Service Charge per Month

 

2004

2005

2006

1" or less

$10.27

$10.58

$10.90

1 1/2"

$18.79

$19.35

$19.93

2"

$27.30

$28.12

$28.96

3"

$44.68

$46.02

$47.40

4"

$62.13

$63.99

$65.91

6"

$88.50

$91.16

$93.89

8"

$183.03

$188.52

$194.18

10"

$268.02

$276.06

$284.34

[Ord. C33363 § 3; Passed: 12/22/2003]

13.04.2010 Water for Private Fire Protection.

A.  For inside the City of Spokane metered and unmetered connection on the city’s water mains supplying hydrants, standpipes or automatic sprinklers for private fire protection to the premises, charges will be made in accord with the following table:

Size of Connection

Service Charge per Month

 

2004

2005

2006

3" or smaller

$11.64

$11.99

$12.35

4"

$17.07

$17.58

$18.11

6"

$24.37

$25.10

$25.85

8"

$29.82

$30.71

$31.63

10"

$35.95

$37.03

$38.14

B.  For outside the City of Spokane metered and unmetered connection on the City’s water mains supplying hydrants, standpipes or automatic sprinklers for private fire protection to the premises, charges will be made in accord with the following table:

Size of Connection

Charge per Month

 

2004

2005

2006

3" or smaller

$16.30

$16.79

$17.29

4"

$23.90

$24.62

$25.36

6"

$34.12

$35.14

$36.19

8"

$41.74

$42.99

$44.28

10"

$50.32

$51.83

$53.38

[Ord. C33363 § 4; Passed: 12/22/2003]

13.04.2012 Outside City Residence Rates.

Outside the city, for single-family residence, a service charge of $10.76 (2004), $11.08 (2005), $11.41 (2006) per month, plus $1.28 (2004), $1.32 (2005), $1.36 (2006) per one hundred cubic feet, or major fraction, of water used. For two or more residences on one meter the above service charge shall apply for each residence.

[Ord. C33363 § 5; Passed: 12/22/2003]

13.04.2014 Outside City Rate to Other Purveyors.

The charge to other purveyors for water use outside the city’s service area shall be at the rate of 89¢ (2004), 90¢ (2005), 93¢ (2006) per one hundred cubic feet of water used unless modified by separate agreement.

[Ord. C33363 § 6; Passed: 12/22/2003]

13.04.2016 Outside City Commercial and Industrial Rates.

Outside City Commercial and Industrial Rates.

A.  These rates apply to commercial and industrial customers and to all other customer premises not specifically identified as single-family residences. The rates are for service outside the city limits of the City of Spokane.

B.  Service Charge (Outside City).

Size of Service

Service Charge per Month

 

2004

2005

2006

1" or less

$13.98

$14.40

$14.83

1 1/2"

$25.53

$26.30

$27.09

2"

$37.09

$38.20

$39.35

3"

$61.09

$62.92

$64.81

4"

$84.93

$87.48

$90.10

6"

$120.05

$123.65

$127.36

8"

$250.18

$257.69

$265.42

10"

$366.31

$377.30

$388.62

C.  For water used, the following rate shall apply: Consumption (Outside City):

Amount of Water Used

Charge Rate per 100 Cubic Feet

 

2004

2005

2006

All Amounts

$1.28

$1.32

$1.36

[Ord. C33363 § 7; Passed: 12/22/2003]

13.04.2018 Major Fraction.

All charges assessed based upon stated consumption units (e.g., per hundred cubic feet) shall be billed based upon the major unit fraction (e.g., fifty cubic feet or more billed as the next one hundred cubic feet).

[Ord. C33118 § 9; Passed: 12/9/2002]

13.04.2020 Remote Reading Equipment Installation.

Charge for installation of remote reading equipment is $52.61. This is a one-time charge and can be paid at one time or at the rate of $2.00 per month for thirty months.

[Ord. C33363 § 8; Passed: 12/22/2003]

13.04.2022 Turning Water On or Off – Other Charges.

The fee for a visit to shut off water, sometimes referred to as “collect or turn-off” is $28.59. The director of water and hydroelectric services assesses a reasonable charge for items not otherwise specifically encompassed herein.

[Ord. C33363 § 9; Passed: 12/22/2003]

13.04.2024 Hydrant Fees.

Hydrant fees are as follows:

A.  Hydrant Permit Fees:

Hydrant Permit Daily

$40

Hydrant Permit Monthly

$126

Hydrant Permit Yearly

$313

Valve Rental Fee Daily

$18

Valve Rental Fee Monthly

$46

Valves can be rented for a maximum of thirty calendar days. Failure to return the valve within thirty calendar days will result in forfeit of the deposit. Large users may not be eligible for the yearly rate. They will be charged at the monthly rate.

B.  Hydrant Flow Tests:

Hydrant Flow Test

$143

C.  Construction Estimates:

Construction Estimate

$285

[Ord. C33363 § 10; Passed: 12/22/2003]

13.04.2026 Small Taps and Meters.

The following fees apply to small taps and meters and are firm prices:

A.  Reserved.

B.  Street:

1" Tap

 

All

$260

C.  Street:

2" Tap

 

All

$495

D.  Meter Fees:

3/4" – Domestic

$410

3/4" – Irrigation

$425

1" – Domestic

$475

1" – Irrigation

$490

1 1/2" – Domestic

$765

1 1/2" – Irrigation

$855

2" – Domestic

$875

2" – Irrigation

$950

2" – Fire, with DCVA

$1,080

2" – Fire, No DCVA

$905

24" Concrete Box

$480

Install – No Excavation

 

E.  Prices do not include processing fee; costs incurred in processing, including staff time costs, are added on.

[Ord. C33363 § 11; Passed: 12/22/2003]

13.04.2028 Large Taps and Meters.

The following fees apply to large taps and meters and are estimates only, subject to change based on costs and expenses to the water department:

A.  Tap Fees:

4" Tap

$1,600

6" Tap

$1,605

8" Tap

$2,000

12" Tap

$3,075

B.  Meter Fees:

3" Domestic – with DCVA

$4,235

3" Domestic – No DCVA

$3,685

3" Irrigation – with DCVA

$2,650

3" Irrigation – No DCVA

$1,960

4" Domestic – with DCVA

$5,470

4" Domestic – No DCVA

$4,730

4" Fire – with DCDVA

$1,805

4" Fire – No DCDVA (vault)

$760

4" Fire – No DCDVA (bldg. – bypass only)

$470

4" Fire/Dom. – with DCVA

$7,845

4" Fire/Dom. – No DCVA

$7,045

4" Irrigation – with DCVA

$3,770

4" Irrigation – No DCVA

$2,865

6" Domestic – with DCVA

$7,940

6" Domestic – No DCVA

$6,870

6" Fire – with DCDVA

$2,125

6" Fire – No DCDVA (vault)

$805

6" Fire – No DCDVA (bldg. – bypass only)

$470

6" Fire/Dom. – with DCVA

$10.765

6" Fire/Dom. – No DCVA

$9,575

6" Irrigation – with DCVA

$6,485

6" Irrigation – No DCVA

$5,250

8" Fire – with DCDVA

$3,195

8" Fire – No DCDVA (vault)

$865

8" Fire – No DCDVA (bldg. – bypass only

$470

8" Fire/Dom. – with DCVA

$15,215

8" Fire/Dom. – No DCVA

$13,185

10" Fire – with DCDVA

$4,430

10" Fire – No DCDVA (vault)

$885

10" Fire – No DCDVA (bldg. – bypass only)

$470

10" Fire/Dom. – with DCVA

$21,665

10" Fire/Dom. – No DCVA

$18,345

C.  Prices do not include processing fee; costs incurred in processing, including staff time costs, are added on.

[Ord. C33363 § 12; Passed: 12/22/2003]

Article III. Water General Facilities Charge

13.04.2040 Water GFC General Provision – Long Connection.

A.  There is hereby imposed a water general facilities charge (GFC). The GFC is a utility rate surcharge assessed at the time of connection or service upgrade. Its purpose is to defray costs created by new system demand, such as costs of providing increased system capacity for new or increased demand and other capital costs. Nothing in the GFC program affects LIDs.

B.  The GFC charge is collected at the time of connection or other time as deemed most administratively convenient by the director and shall be considered a contribution to capital and not a cost of providing service. The amount of the water general facilities charge for water utility connections will be based on water tap size for water service to the premises.

C.  Long Connection Option.

1.   Where a customer near an area with existing utility service desires to connect to such service because lines have not yet been extended for direct service to the customer’s area (a “long connection”), the director may allow a long connection to existing facilities. The decision to allow a long connection is discretionary, considering the needs of the existing customers, the limits of the current system or any other appropriate factors.

2.   As a condition of a long connection, the customer must satisfy any conditions imposed by the director, including obtaining any necessary easements, payment of all costs of additional installations, and payment of a nonrefundable charge determined by the director based on engineering principles estimated to be what the customer would be required to pay if connection were deferred until direct service became available. Such charge may be accepted as a nonrefundable prepayment for the size of the connection furnished. This option may also be applied to upgrades.

[Ord. C33363 § 13; Passed: 12/22/2003]

13.04.2042 Water General Facilities Charge – Schedule of Charges.

A.  Findings – GFC Charge. The city council finds:

1.   Under the previous system providing for collection of latecomer connection charges under RCW chapter 35.91 or special connection changes under RCW 35.92.025, customers happening to connect in certain areas must pay extra costs, although the primary benefit of access to the public water system is the same to a new customer, whether the customer is within or outside an area subject to such special connection charges. Additionally, upgraded customers moving from a smaller to a larger connection capacity gain additional system benefits, but may otherwise escape paying a special connection or latecomer charge, once having connected and paid an initial connection charge based on a smaller size connection.

2.   Undue administrative burdens and costs are created in administering various connection and latecomer charges, each of which may have differing trigger dates and which may also have differing limits in terms of allowable interest accruing on such payments as well as the period or periods such charges may be collected.

3.   There is a system-wide benefit, served by a uniform, adjustable GFC, in encouraging system growth through infilling certain unserved areas and considering that expanding the overall customer ratebase and customer densities will reduce fixed costs which must otherwise be spread over all classes of ratepayers.

4.   It is in the public interest to provide for a more uniform rate structure and to replace individual area connection or latecomer fees with a single GFC rate, except only as may be distinguished by the size of connection or connection upgrade, as provided hereafter.

5.   It is further in the public interest that those adding additional costs or burdens to the City water system by creating need and demand for new system growth and infill needs in the City water system should pay a GFC therefor. Such customers should be treated and classified in common with customers formerly also subject to a special connection or latecomer connection charge, so that only one uniform GFC should be paid by all customers with new or upgraded utility service.

B.  Findings – Empowerment Zone. The city council finds:

1.   Washington State’s Growth Management laws, including RCW 36.70A.110, encourage development first within existing urban areas before moving to other areas.

2.   The City of Spokane’s Comprehensive Plan and state growth management policies encourage the “infilling” of developed areas that still have some growth capacity. A consequence of not doing this is sprawling development out in long corridors or scattered areas, making the extension of needed urban services more expensive and less efficient for the public.

3.   Costs of encouraging development in more densely populated areas already served by existing utility lines is lower than extending new lines to more remote undeveloped areas. Existing utility lines are installed and designed to serve the full growth potential of an area, so it is an unwise use of resources to continue extending lines where some growth can still occur in developed areas.

4.   The empowerment zone established herein is in the category of a more densely populated area rather than a more remote, undeveloped area. The savings that city sewer and water utilities realize by encouraging development in the empowerment zone, through not assessing a GFC to customers located there, is roughly proportional to the loss of the GFC revenues.

5.   Properties within the empowerment zone are identified as generally of lower value investment than other areas served. The opportunity for new development in the empowerment zone to recover acceptable investment value is of a more marginal, doubtful and unlikely character than customers connecting in areas outside the empowerment zone. Adding a GFC charge to the class of customers in the empowerment zone would make it significantly more difficult for further development or new connections in such areas. This result is contrary to public policy, Growth Management laws, and responsible utility system management for the overall benefit of the ratepayers. Encouraging development in the empowerment zone will benefit the city sewer and water utilities by new customer revenues, which would otherwise be lost if a GFC were assessed because such development would be less likely to occur.

6.   The empowerment zone as an area substantially deficient in development and heavily populated with low income and fixed income, poor or elderly customers.

7.   There is a reasonable basis to classify customers seeking connections to premises in an empowerment zone not to be subject to GFC charge.

C.  Empowerment zone boundaries are:

All that property located within the following described area:

Census tracts 1, 2, 4, 14, 15, 16, 20, 23, 24, 25, 26, 27, 28, 30, 31, 33, 34, 35, 36, 40 according to the U.S. Census Bureau 1990 TIGER census data. Situate in the City of Spokane, Spokane County, Washington.

The director of public works is authorized to adjust this boundary consistent with the findings and purpose of this section. A copy of the empowerment zone map shall be maintained on file with the director of public works for public inspection.

D.  Customers seeking connection inside empowerment zone: No charge.

E.  Customers seeking connection outside empowerment zone:

1.   For new connections or new upgrades of connections to the City water system, a water general facilities charge is assessed as provided hereafter. The charge will be based upon the tap size required for the facility. If the size of a previous connection is upgraded to a larger connection, only the difference between the charges for the size of a connection, as shown at the time of connection, is charged.

Water General Facilities Charge Schedule

Type

Water Tap Size

2004 (33%)

2005 (67%)

2006 (100%)

House*

NA

$407

$825

$1,232

Duplex

NA

$813

$1,651

$2,464

Multifamily**

2" or less

$1,150

$2,335

$3,485

Multifamily

3"

$2,113

$4,289

$6,402

Multifamily

4"

$3,253

$6,604

$9,857

Multifamily

6"

$5,976

$12,132

$18,108

Multifamily

8"

$9,200

$18,678

$27,878

Multifamily

10"

$12,857

$26,104

$38,961

Multifamily

12"

$16,901

$34,315

$51,216

Commercial

1" or less

$407

$825

$1,232

Commercial

2"

$1,150

$2,335

$3,485

Commercial

3"

$2,113

$4,289

$6,402

Commercial

4"

$3,253

$6,604

$9,857

Commercial

6"

$5,976

$12,132

$18,108

Commercial

8"

$9,200

$18,678

$27,878

Commercial

10"

$12,857

$26,104

$38,961

Commercial

12"

$16,901

$34,315

$51,216

* In a PUD, each house is charged individually the rate listed for “house.”

** Multifamily represents three or more living units.

2.   The water general facilities charge is intended to supersede all prior special connection capital charges assessed to defray an equitable share of the cost of the city water system for persons seeking to connect thereto, except for such charges the city may be bound to continue pursuant to RCW chapter 35.91 (developer latecomer charges), or which the city remains legally bound to collect. Except for such charges, it is the intent of the city council to supersede all previous special connection capital charges of any form or nature, replacing all such charges with a single water general facilities charge for any new connections or connection upgrades to the city water system at any location served by said system. The general facilities charge is to be used to finance new system growth and infill needs created by new or upgraded customers. In the case of latecomer contracts entered into under RCW chapter 35.91 and the like, the GFC charge herein supersedes the amount to be collected from a party seeking connection. However, any GFC charge collected does not increase or decrease amounts the city may previously have contracted to reimburse to a third party at the time of allowing a connection, said parties to be paid by the city as provided under the preexisting contract. Hereafter, consistent with this chapter, the director may make provision for reimbursement of third parties for facility construction costs, but hereafter, the amount of reimbursement per connection shall not exceed the GFC amount collected, which may change from year to year as the city council may adjust the GFC.

3.   Adjustments. The charge for a water connection can be adjusted upon a showing of prior payment of similar charges, or for other sound considerations of fairness, as determined by the water department director. To be eligible for such adjustment, a party required to pay a water general facilities charge must submit a written application to the director, together with any supporting materials and explanation. The director must receive such materials no later than the time of connection of the subject premises. No adjustment may exceed the amount of the water general facilities charge applicable to the connection requested.

4.   The water general facilities charge applies, in addition to all other noncapital connection, permit or other fees required by this code or elsewhere. The charge is due and payable in full at or before the time of connection or as otherwise ordered by the director.

5.   The water department director may record appropriate notice with the county auditor concerning areas subject to the water general facilities charge pursuant to the requirements of RCW 65.08.170 and 65.08.180, as applicable, reserving the possibility of upgrade charges.

[Ord. C33363 § 14; Passed: 12/22/2004]

Article IV. Violation – Penalty

13.04.300 Penalty.

Any person violating any of the provisions of this chapter, or the rules and regulations of the director of water and hydroelectric services, except for those violations designated infractions in SMC 1.05.190, commits a misdemeanor. Each day of a continuing violation shall constitute a new and separate violation unless otherwise specified. (Formerly SMC 13.04.200.)

[Ord. C32762; Passed: 12/11/2000]


Code Publishing Company
Code Publishing's website
Voice: (206) 527-6831
Fax: (206) 527-8411
E-mail Code Publishing
TOCPREVNEXT