08 13 2024 Yelm City Council Agenda PacketEST. 1924
WASHINGTON
CITY COUNCIL AGENDA
August 13, 2024 6:00 PM
Yelm City Council meetings are held in-person at 106 2^d St SE Yelm, WA 98597 and virtually on Zoom. Registration is
required to attend virtually, please use the link below to register.
httPS7//usO6web.zoom.us/webinar/register/WN Tu83E9XHSESQmJizzilm2g
1. CALL TO ORDER/ROLLCALL
2. AG EN DA APPROVAL
3. SPECIAL PRESENTATIONS — NONE SCHEDULED
4. PUBLIC COMMENT --COMPLETE A BLUE SPEAKERS CARD OR RAISE HAND VIRTUALLY
5. CONSENTAGENDA
a) July 2, 2024 Study Session Minutes, July 23, 2024 Regular Meeting Minutes, and August 6, 2024
Study Session Minutes
6. NEW BUSINESS
a) ORDINANCE NO. 1119 —SPECIAL IRREVOCABLE POWER OF ATTORNEY AND WAIVER OF
ANNEXATION FOR WATER
Motion to approve Ordinance No. 1119 special irrevocable power of attomey and waiver of annexation
for water.
b) ORDINANCE NO. 1120 —SPECIAL IRREVOCABLE POWER OF ATTORNEY AND WAIVER OF
ANNEXATION FOR SEWER
Motion to Approve Ordinance No. 1120 special irrevocable power of attomey and waiver of
annexation for sewer.
c) ORDINANCE NO. 1121 —SPECIAL IRREVOCABLE POWER OF ATTORNEY AND WAIVER OF
ANNEXATION FOR RECLAIMED WATER
Motion to approve Ordinance No. 1121 special Irrevocable power of attorney and waiver of annexation
for reclaimed water.
d) PROFESSIONAL SERVICE AGREEMENT FOR CEMP/COOP PLAN DEVELOPEMENT AND
COMPLETION
Motion to authorize Mayor DePinto to sign the Professional Service Agreement with Erika Katt to
develop and complete the City of Yelm's Comprehensive Emergency Management plan at the cost of
$15,000.
e) RESOLUTION NO. 648
106 2^d ST SE • Yelm, WA 98597 • 360.458.3244 • www.yelmwa.gov
The City of Yelm is an equal opportunity employer and provider
Motion to approve Resolution No. 648 declaring city -owned property surplus and allowing the sale
thereof.
7. OLD BUSINESS - NONE SCHEDULED
8. STANDING COUNCIL COMMITTEE REPORTS
a) Public Safety Committee
b) Public Services Committee
c) Finance Committee
9. MAYOR/CITY ADMINISTRATOR/STAFF REPORTS
10. COUNCILMEMBER REPORTS
11. EXECUTIVE SESSION - NONE SCHEDULED
12. ADJOURN
MEETING INFORMATION
All regular Yelm City Council meetings are recorded. Meetings can be viewed at www.velmwa.¢ov or a copy
may be purchased by contacting the City Clerk's office at 360.458.8816.
It is the City of Yelm's policy to provide reasonable accommodations for people with disabilities. If you require
reasonable accommodations to participate at a City Council meeting, please contact the City Clerk's office at
360.458.8816 at least four (4) working days prior to meeting. Information on the Americans with Disabilities
Act and the Title VI Statement is available at www.yelmwa.gov/human-resources.
*The public comment portion of the agenda is an opportunity for the public to address the Council for items
that are not on the published agenda. Comments are limited to three minutes and five speakers. Comment on
matters listed on the published agenda are welcomed as part of the normal agenda.
Public Comment Guidelines: The City reserves up to five members of the public to address the Council at the
beginning of regular business meetings on topics that are not on the agenda. Each speaker will be given 3
minutes and may be asked follow up questions by the Mayor or Council. Further public comment may be
allowed on agenda topics as time permits. We ask that speakers use respectful language and remember they
are speaking to fellow citizens of Yelm who are committed to listening and responding appropriately to
citizens' concerns.
Members of the public engaging in disruptive behavior may be removed or blocked from the meeting.
Page 2 of 2
*,,ity ®f Yelm
HST. 1924
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iAi WASHINGTON
CITY COUNCIL STUDY SESSION MEETING MINUTES
VIRTUAL AND IN PERSON
TUESDAY, July 2, 2024
Call to Order: Mayor Pro -Tem Joshua Crossman called the meeting to order at 6:00
p.m.
Roll Call: Tracey Wood, Joseph Richardson, Joshua Crossman, Stephanie
Kangiser, Brian Hess, Terry Kaminski, and Joe DePinto.
Absent: Trevor Palmer
Staff Present: City Administrator Todd Stancil, City Clerk Kathy Linnemeyer, Public
Services Director Cody Colt, City Engineer Pat Hughes
DISCUSSION ITEMS
Kidder Mathews Introductions — Blair Howe and Ryan Haddock with Kidder Mathews
introduced themselves and informed Council of the process for the consulting phase for the
640 acres property and decisions that Council will be asked to make upon completion of the
consulting phase.
Capital Projects Updates — City Engineer Pat Hughes gave a summary of current and
upcoming capital projects.
YMCA Funding Discussion — Mayor DePinto led a discussion on funding options to build a
YMCA in Yelm and stated that there will be two readings on a Resolution on whether to
place a $10,000,000 bond on the November ballot.
Mayor Report — Mayor DePinto thanked Council for their discussions.
COUNCIL INITIATIVES
Tracey Wood — Announced that he will not be at the next meeting.
ADJOURNMENT
The meeting adjourned at 7:29 p.m.
Joe De Pinto, Mayor
Kathy Linnemeyer, City Clerk
EST. 1924
WASHINGTON
CITY COUNCIL MEETING MINUTES
VIRTUAL AND IN PERSON
TUESDAY, July 23, 2024
Call to Order: Mayor Joe DePinto called the meeting to order at 6:00 PM.
Roll Call: Tracey Wood, Joseph Richardson, Joshua Crossman, Stephanie
Kangiser, Brian Hess, Trevor Palmer, Terry Kaminski, and Mayor Joe
DePinto.
Staff Present: City Administrator Todd Stancil, City Clerk Kathy Linnemeyer, and
Public Services Director Cody Colt.
Mayor DePinto requested that Council amend the agenda to remove
Ordinance No. 1118.
APPROVAL OF THE Motion by Stephanie Kangiser to approve the agenda with
AGENDA: removing Item D, Ordinance No. 1118.
Seconded by Terry Kaminski
Motion carried 7-0 with a roll call vote.
PUBLIC COMMENT: Brad Brim spoke about considerations in making a decision prior to
making a motion for a public vote. He urged Councilmembers not to
make a decision tonight on Ordinance No. 1118.
CONSENT AGENDA: a) July 9, 2024, Regular Meeting Minutes
b) May 2024 Check Register & Position Summary
Motion by Brian Hess to approve the consent agenda.
Seconded by Trevor Palmer
Motion carried 7-0
NEW BUSINESS: Resolution No. 649 — Accept two Federal Highway Administration
grants from the Washington Department of Transportation for
Rhoton Road
Motion by Trevor Palmer to approve Resolution No. 649 accepting
two Federal Highway Administration grants from the Washington
Department of Transportation for the Rhoton Rd NW reconstruction
project.
Seconded by Tracey Wood
Motion carried 7-0
Interlocal Agreement between Thruston County and City of Yelm to
participate and receive funds under the Federal Community
Development Block Grant Program
Motion by Brian Hess to approve the Interlocal Agreement between
Thurston County and City of Yelm to participate and receive funds
under the Federal Community Development Block Grant Entitlement
program.
Seconded by Stephanie Kangiser
Motion carried 7-0
Memorandum of Understanding for Governance, Decision Making
and Administration of the Community Development Block Grant
program.
Motion by Tracey Wood to approve the Memorandum of
Understanding for governance, decision making and administration of
the Community Development Block Grant program.
Seconded by Trevor Palmer
Motion carried 7-0
STANDING COUNCIL COMMITTEE REPORTS:
Public Services Committee- Councilmember Crossman announced that the Public Services
Committee met and discussed bridge updates, development updates, and budget requests.
General Government Committee - Councilmember Kangiser reported that the General
Government Committee met and reviewed Chapters 1-2 of the Mayor/Councilmember
Protocol Manual.
MAYOR/CITYADMINISTRATOR/STAFF REPORTS:
City Administrator Stancil — Police Department participated in active shooter training,
Finance Department is working with the State Auditors on the annual audit, Public Services
is preparing for the BBQ Rally, IT Department is working to complete the new reader board,
and the HR Department is working on labor negotiations.
Mayor DePinto —The City will hold an open house at the Community Center for projects on
August 14, 2024, at 6:00 PM
COUNCILMEMBER REPORTS:
Councilmember Kangiser—Attended the General Government Committee meeting and the
SE Thurston Fire Authority meeting.
Councilmember Hess — Attended the Intercity Transit Authority meeting, thanked the
administration for adding information about the 640 Acres to the website and asked if
Council contact information could be added to the page. He is looking forward to the BBQ
Rally this weekend.
Councilmember Kaminski — Attended the Nisqually River Council and the Law & Justice
meetings.
ADJOURNMENT: Motion by Joshua Crossman to adjourn the meeting at 6:26 PM.
Seconded by Trevor Palmer
Motion carried 7-0
Joe DePinto, Mayor
Kathy Linnemeyer, City Clerk
*,,ity ®f Yelm
EST. 1924
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iAi WASHINGTON
CITY COUNCIL STUDY SESSION MEETING MINUTES
VIRTUAL AND IN PERSON
TUESDAY, August 6, 2024
Call to Order: Mayor DePinto called the meeting to order at 6:00 p.m.
Roll Call: Tracey Wood, Joseph Richardson, Stephanie Kangiser, Brian Hess,
Trevor Palmer, Terry Kaminski, and Joe DePinto.
Absent: Joshua Crossman
Staff Present: City Administrator Todd Stancil, City Clerk Kathy Linnemeyer, Public
Services Director Cody Colt
DISCUSSION ITEMS
Experience Olympia & Beyond — Annette Pitts gave a presentation on the Thurston County
10 -Year Destination Master Plan Overview.
Veterans Memorial Presentation — Public Services Director, Cody Colt gave a presentation
on a Yelm Veterans Memorial park and shared a site plan photo.
Activated Alley -Way Discussion — Public Services Director, Cody Colt gave a presentation on
an Activated Alley -Way and shared conceptual photos.
640 Acres Consulting and Real Estate Updates — City Administrator, Todd Stancil gave
Council a n update on the status of the consulting and real estate process for the 640 Acres.
Mayor Report —The City will host an Open House on August 14, 2024, at 6:00 PM to give
the public an opportunity to learn about ongoing projects and ask questions about them.
The Open House will be held at the Community Center. Mayor DePinto encouraged
everyone to turn in their ballots and thanked those who attended National Night Out.
COUNCIL INITIATIVES
Tracey Wood — Would like to start having conversations about building a pool.
Brian Hess — Requested that potential upcoming projects be added to the website Learn
About City Projects FAQ page.
Trevor Palmer—Asked when lines will be painted on streets.
ADJOURNMENT
The meeting adjourned at 7:21 PM
Joe De Pinto, Mayor
Kathy Linnemeyer, City Clerk
WASHINGTON
EST. 1924
Meeting Date: 08/10/2024
CITY COUNCIL AGENDA ITEM SUMMARY
City ofYelm, Washington
AGENDA ITEM: ORDINANCE NO. 1119—SPECIAL IRREVOCABLE POWER OF ATTORNEY
AND WAIVER OF ANNEXATION FOR WATER
PROPOSED MOTION:
Motion to approve Ordinance No. 1119 to SPECIAL IRREVOCABLE POWER OF ATTORNEY AND
WAIVER OF ANNEXATION FOR WATER
KEY FACTS AND INFORMATION SUMMARY:
The Yelm Municipal Code currently lacks a specific application process for providing water
services to properties in Yelm's Urban Growth Area (UGA). Consequently, to facilitate the
establishment of new water connections for properties located outside the corporate limits of the City
but within the UGA, it is necessaryto introduce revised language into Chapter 13.04 of the ordinance. This
amendment wil I address and accommodate the requirements for extending water services to these areas.
ATTACHMENTS:
ORDINANCE NO. 1119
SPECIAL IRREVOCABLE POWER OF ATTORNEY AND WAIVER OF ANNEXATION
YMC Chapter 13.04 Track Changes
Respectfully Submitted:
J2= L-'
Reza R. Roukerd
Civil Review Engineer
11 Page
CITY OF YELM
ORDINANCE NO. 1119
AN ORDINANCE OF THE CITY OF YELM, WASHINGTON, AMENDING CHAPTER 13.04.330 WATER
SYSTEM ANNEXATION REQUIREMENTS, OF THE YELM MUNICIPAL CODE.
WHEREAS, the current annexation requirements do not specify premises for consumers
requesting water service must be located within the Yelm urban growth area; and
WHEREAS, the current annexation requirements do not specify how payment will be
made for water extension; and
WHEREAS, the Yelm City Council has determined that a special irrevocable power of
attorney and waiver of annexation must be signed in order to specify the procedure for receiving
water service in the Yelm urban growth area; now, therefore,
BE IT ORDAINED BY TH E COUNCIL OF THE CITY OF YELM AS FOLLOWS:
Chapter 13.04 Water System, Section 13.04.330 is hereby amended
13.04.330 Annexation requirements.
A. Premises lying within the Yelm urban growth area (UGA) shall annex to the City as a
condition of water connection. Alternately, the City may elect to defer annexation and require
execution of an agreement described in subsection B of this section.
B. Premises not annexed as a condition of water service may receive such service only upon
entering into an appropriate agreement with the City containing a waiver of protest to
annexation and/or power of attorney authorizing annexation at such time as the City
determines the premises is to be annexed to the City.
1. Application fees as established by the City Council must be paid upon the submittal
of a signed agreement requesting water service for premises outside the City;
2. The cost of the water extension must be borne in whole by the applicant for such
services, subject to any provisions in effect at the time of connection for latecomer
reimbursement;
3. The agreement may not be executed prior to the time formal application is made for
approval of the project for which utilities are requested. The term of said agreement
shall terminate at the time any project application or approval expires or is revoked for
any reason. A new agreement is required for any extension of project applications or
approvals or when in the opinion of the Director of Public Services, a substantial change
or addition is made to the project.
C. Following execution, such agreement must be recorded by the City in the chain of title for
such premises in the records of the Thurston County Auditor.
Adopted by the Yelm City Council at the regular meeting this 13' day of August 2024.
Joe DePinto, Mayor
ATTEST:
Kathy Linnemeyer, City Clerk
PUBLISHED:
EFFECTIVE DATE:
SPECIAL IRREVOCABLE POWER OF ATTORNEY
AGREEMENT TO ANNEX (UGA PRIVATE)
THIS AGREEMENT is made and executed by and between the City of Yelm, a municipal
corporation, hereinafter referred to as "City" and hereinafter referred to
as "Owner".
WHEREAS, Owner holds record title of the following described Property (the "Property')
located within Thurston County, Washington:
SEEATTACHMENT'A
WHEREAS, said Property lies within the City urban growth area, thereto, and
WHEREAS, it is the desire of the Ownerthat said Property be served with water, reclaimed
water, and/or sewer service from the City of Yelm and hereby makes application therefore, or is
already served by City utilities, and
WHEREAS, Section(s) of the Yelm Municipal Code requires that an
Agreement executed whereby the owner of the above described Property covenants that they
would annex said Property to the City of Yelm at such time as the Property becomes contiguous
to the corporate limits of the City of Yelm, or is otherwise eligible for annexation to Yelm, and
WHEREAS, it is appropriate that the Owner grant to the Yelm Public Services Director a
special power of attorney to effect said annexation at the time the Property becomes contiguous
to Yelm or is otherwise eligible for annexation to Yelm.
IT IS AGREED BETWEEN THE PARTIES as follows:
1. That Yelm hereby provides water, reclaimed water, and/or sewer service to the above
described Property in accordance with Title 13 of the Yelm Municipal Code
2. In consideration of Yelm providing said utility service, the Owner hereby grants and conveys
to the Yelm Public Services Director or his successor in interest or designee a Special Power
ofAttorneyto exercise any and all rights said Owner, their heirs or assigns and any successors
in interest to said Owner, including any purchasers, mortgage holders, lien holders or other
persons who may claim an interest in said Property hereinafter referred to as "Successors in
Interest" to accomplish the following:
(a) To petition to Yelm for annexation of any part or all of the Property described above, which
petition shall conform to the provisions of paragraph (b) herein.
(b) To accomplish all steps necessary or proper for the annexation of said Property under
RCW 35A.14 and the ordinances and regulations of the City of Yelm for annexation of
Page 1 of 3
Property to the City of Yelm with zoning consistent with the ordinances of the City of Yelm
and with the condition that Owner or its Successors in Interest will be required to assume
no more than a fair share of Yelm's bonded indebtedness.
(c) To sign any and all letters, petitions, and other documents necessary to accomplish said
annexation on behalf of any successors in interest as defined above.
(d) This Power of Attorney shall be considered a power coupled with an interest and may not
be terminated except at such time as the above described Property is no longer served
by water, reclaimed water, and/or sewer service through Yelm or Yelm's utility facilities.
3. If the City of Yelm resolves to annex the above-described Property pursuant to RCW
35A.14.295-.299, the Owner or its Successor in Interest covenants not to challenge same by
referendum or other methods. This Agreement and Power of Attorney touches and concerns
the real Property described above and so long as the said Property is served by water,
reclaimed water, and/orsewer service from the City of Yelm through the Yelm water, reclaimed
water, and/or sewer system, shall bind the land and shall run with the land, binding the
Owner's assigns, heirs, transferees, Successors in Interest and all who derive an interest
therein.
4. This agreement is effective upon the date of the last signature of both the grantor and grantee.
THIS AGREEMENT shall be recorded in the Thurston County Auditor's Office and shall be
referenced upon any deed or other instruments conveying an interest in said Property.
Dated in Yelm, Washington this day of 20
go
(Owner) CITY OF YELM
(Signature)
(Title)
BY:
(Signature)
ITS:
(Title)
Page 2 of 3
STATE OF WASHINGTON )
) ss
COUNTY OFTHURSTON )
On this day of 20_, personally appeared before me
, known to be the individual(s)
described, and who executed the foregoing instrument and acknowledged that they signed the
same as their free and voluntary act and deed for the uses and purposes therein mentioned.
WITNESS my hand and official seal the day and year first above written.
Notary Public in and for the State of Washington,
residing in
My commission expires
STATE OF WASHINGTON )
) ss
COUNTY OFTHURSTON )
On the day of , 20_, before me, a Notary Public in and for
the State of Washington, duly commissioned and sworn, personally appeared
, to me known to be the Public Services Director of the City
of Yelm, a municipal corporation, who executed the foregoing instrument and acknowledged the
said instrument to be the free and voluntary act and deed of said municipal corporation for the
uses and purposes therein mentioned and on oath states that is authorized to execute the
said instrument.
WITNESS my hand and official seal the day and year first above written.
Notary Public in and for the State of Washington,
residing in
My commission expires
Page 3 of 3
Chapter 13.04
WATER SYSTEM*
Sections:
13.04.010 Regulations generally.
13.04.020 Definitions.
13.04.025 Use of municipal water.
13.04.040 Comprehensive plan.
13.04.050 Design standards.
13.04.060 Ownership of mains and service connections.
13.04.090 Inspection of premises.
13.04.095 Damaging or interferingwith water system.
13.04.096 Wasting water prohibited.
13.04.097 Water shortageprovisions.
13.04.100 Service -Application.
13.04.110 Service - Connection - General requirements.
13.04.115 Expired.
13.04.120 Service -Connection -System development charge and meter charge.
13.04.130 Service - Connection -Temporary.
13.04.140 Service - Connection - Master meter.
13.04.150 Construction cost assessment.
13.04.160 Construction chargepayment.
13.04.170 Substandard mains.
13.04.180 Service - Connection - Installation of main.
13.04.190 Main extension charge.
13.04.200 Water meters.
13.04.210 Service - Reconnection.
13.04.220 Cross -connection and backflow control program.
13.04.230 Unauthorized turn -on.
13.04.240 Turn-off fees.
13.04.250 Water consumption rates.
13.04.255 Adjustment of utility bills.
13.04.260 Revealed.
13.04.270 Service.
13.04.280 Billing and payments.
13.04.285 Utilitv contracts.
13.04.300 Repealed.
13.04.310 Repealed.
13.04.315 System development charge and meter charge waiver and deferral -Established.
13.04.320 Rate reductions and system development and meter charges waiver and deferrals
-Application procedure.
13.04.330 Annexation requirements.
13.04.340 Violations -Penalties.
*Prior legislation: Ord. 166 as amended by Ords. 183, 195, 205, 262, 273 and 331.
For statutory authority for towns to provide forwater supplies and to control, regulate and manage
the same, see RCW 35.21.210 and 35.27.370(3).
13.04.010 Regulations generally.
The rates and regulations set out in this chapter are established for the control of the municipal
water supply system of the city. (Ord. 337, 1987).
13.04.020 Definitions.
Whenever used in this chapter:
A. "City" meansthe city of Yelm, Washington, or as indicated bythe context, may mean the water
department, water superintendent, city clerk/treasurer, engineer or other employee or agent
representingthe city in the discharge of his duties.
B. "City engineer" meansthe professional engineer regularly employed or retained bythe city.
C. "Comm ercialwater service" means water service provided top rem isesutilized for business or
industrial purposes.
D. "Consumer" means an individual dwelling unit or individual business which receiveswater
through an individual meter or master meter.
E. "Council" means the city council of the city of Yelm.
F. "Disabled citizen" means a permanently disabled head of household whose income from all
sources whatsoever does not exceed the median income as established or amended by resolution
of the city council.
G. "Mains" means waterlines designed or used to serve more than one premises.
H. "Master meter" means a meter of any size serving more than one consumer.
I. "Person," "customer," "owner" and "occupant" include natural persons of either sex,
associations, copartnerships and corporations, whether acting individually or by a servant, agent or
employee; the singular number shall be held to include the plural and the masculine pronoun to
include the feminine.
J. "Premises" means a continuous tract of land, building or group of adjacent buildings under a
single controlwith respect to use of water and responsibility for payment therefor. Subdivisions of
such use or responsibility shall constitute a division into separate premises as defined in this
chapter.
K. "Public works director" meansthe public works director, or his/her delegated representative in
charge of the city of Yelm department of public works.
L. "Residential water service" means domestic water service (including lawn and garden sprinkling)
provided to a residential living unit.
M. "Senior citizen" means a head of household over the age of 65 who is retired and is below the
median income as established bythe city.
N. "Service connection" means that portion of the citywater supply system connectingthe supply
system on the premisesto the citywater distribution main includingthe tap into the main, the water
meter and appurtenances and the service line from the main to the meter and from the meterto the
property line. "Service connection" includes connections for fire protection as well as for domestic,
commercial and industrial uses.
O. "Standard or permanent mains" means mainswhich conform to the standard specifications of
the citywith respectto materials and minimum diameters.
P. "Standard specifications" meansthe specifications set forth in the current volume of "Standard
Specifications for Road, Bridge, and Municipal Construction" prepared and distributed jointly bythe
Washington State Department of Transportation (WSDOT) and bythe Washington State Chapter of
the American Public Works Association (APWA) and the current "Standards" of the American Water
Works Association (AWWA).
Q. "Substandard or temporary mains" means mains which do not conform to the standard
specifications of the city with respect to materials and/or minimum diameter.
R. "Superintendent" means the person duly appointed by the mayor of the city as the
superintendent of the water department and who is in responsible charge of all day-to-day
activities. (Ord. 868 § 1, 2007; Ord. 778 § 1, 2003; Ord. 512 § 1, 1994; Ord. 337, 1987).
13.04.025 Use of municipal water.
A. It shall be unlawful for any person to construct a well within the city of Yelm's retail water service
area, except that a well may be constructed for the purpose of:
1. Providing potable water to a single dwelling unit on a lot legally created prior to 1992 when the
nearest water and sewer mains are located over 200 feet from the closest property line; or
2. Providing potable water to any development when the well and water system is approved by the
city of Yelm as a satellite water system.
B. Upon connection to the city of Yelm water system, all existing wells serving the property
connecting to the water system shall be abandoned and decommissioned pursuant to
Chapter 18,104 RCW.
C. The city shall have the right to consolidate water rights for exemptwells abandoned pursuant to
subsection B of this section accordingto RCW 90.44.105.
D. It shall be unlawfulfor any person to construct a newwell on any propertywhich contained a
well previously decommissioned pursuant to subsection B of this section. (Ord. 920 § 1, 2010).
13.04.030 Service types defined.
Whenever used in this chapter:
A. "Regular service" means performance bythe city of the following: tapping of the main,
installation of the service pipe from the main to the yoke, installation of the yoke, the meter, the
meter box and installation of necessaryvalves and appurtenances.
B. "Duplex service" means performance bythe city of the following: regular service as defined
above and in addition thereto, a pipe of sufficient size to serve two meters, installations of two
meters, two meter boxes, two yokes and two sets of necessaryvalves and appurtenances.
C. "Pretapped and preplumbed service" means performance bythe city of the following: placement
of the meter in the meter yoke.
D. "Pretapped only service" means performance by the city of the following: installation of the
valves, meteryokes, meter and meter box. (Ord. 337, 1987).
13.04.040 Comprehensive plan.
A comprehensive water system plan shall be prepared forthe city bythe city engineer and three
copies of the same shall be maintained on file in the office of the city clerk/treasurer. The
comprehensive plan shall be submitted to and approved bythe Department of Social and Health
Services. Such plan shall contain, as a minimum, the location and specifications of the existing
facilities of the system, recommendations for correction of existing deficiencies and for
improvement of the existing system, and proposed locations, standards and specifications of
facilities if the system is expanded in the future. The comprehensive water system plan shall be
reviewed and updated as deemed necessary bythe council but in any event not less than once
every five years. (Ord. 337, 1987).
13.04.050 Design standards.
The design standards shall be adopted from time to time bythe council upon the recommendation
of the water superintendent and the city engineer and three copies of the same shall be maintained
on file at the office of the city clerk/treasurer. (Ord. 337, 1987).
13.04.060 Ownership of mains and service connections.
A. The ownership of all mains, service connections and appurtenances in the public street or utility
rights-of-way shall be vested fully in the city and the person responsible forthe construction of
such mains shall relinquish, by bill of sale, or other appropriate instrument of conveyance, all
interest in the ownership of such mains upon acceptance bythe city; provided, however, that all
private systems existing at the time of the passage of the ordinance codified herein shall remain
under private ownership unless dedicated to the city provided the private system is constructed to
the minimum standards of the city underthe provisions of this chapter.
B. The city shall operate, control and maintain all approved and accepted components of the city
water system in the public streets or utility rights-of-way up to and includingthe meter, but shall not
be responsible beyond the meter. The owner of the property served shall be responsible for
maintenance of all pipe and fittingsfrom the meterto his premises. No alteration shall be made to
any connection nor shall any connection be made to the citywater system without the approval of
the superintendent. All connections or alterations shall be made bythe citywater department or by
contract supervised bythe superintendent. (Ord. 337, 1987).
13.04.070 Abandonment of connection.
Any connection remaining unused for a period of five years is deemed abandoned and a new
connection shall be applied forwhen renewal of service is requested. Where such reconnection
requires new construction from the property line to the main, but in the same location, the fee for
such service shall bathe same as identified in YMC 13.04.120. (Ord. 337, 1987).
13.04.080 Administration and enforcement.
A. The public works director or designated representative is charged with administration and
enforcement of this chapter. Water service to any premises served bythe citywater system may be
discontinued for anyviolation or abridgement of the provisions of this chapter after due notice
thereof.
B. In the event water service is discontinued for failure to comply with provisions of this chapter it
shall remain terminated forthe duration of such noncompliance. (Ord. 778 § 2, 2003; Ord. 337,
1987).
13.04.090 Inspection of premises.
Authorized employees of the water department, properly identified, shall have free access at
reasonable hours of the day, to all premises served bythe citywater system forthe purpose of
ascertaining conformityto this chapter. (Ord. 337, 1987).
13.04.095 Damaging or interfering with water system.
It is unlawfulfor any person to wilfully disturb, break, deface, or damage anyfire hydrant, water
meter, gate valve, water pipe or otherwaterworks appurtenance togetherwith the buildings,
grounds and improvements thereon belongingto or connected with the water system of the city in
any manner whatsoever.
It is unlawfulfor any person to open, close, turn or interfere with, or attempt to, orto connect with
anyfire hydrant, valve, or pipe belongingto the city unless authorized bythe superintendent in
writing; provided, that this rule shall not applyto members of the city department or such otherfire
department duly authorized to operate fire hydrants while acting in such capacity.
It is unlawfulfor any person to throw refuse or any substance into any city reservoir orto throw any
deleterious matter in or upon any part of the city'swatershed orwater supply system. (Ord. 337,
1987).
13.04.096 Wastingwater prohibited.
It is unlawfulfor any person to allowwaterto be wasted at any point beyond the curb -cock or meter
by imperfect, faulty or leaking stop -cocks, valves, pipes, closets, faucets or otherfixtures and
appliances orto use water closetswithout self-closing valves orto allow anyfixtures or appliances
to run open for lack of repairs, to permit freezing or to use waterfor any other purpose otherthan
that set forth in the application upon which charges forwater are based, or to use water in violation
of the rules and regulations as set forth in this chapter. (Ord. 778 § 3, 2003).
13.04.097 Water shortage provisions.
The city reserves the right in the case of shortage of waters, or for any other cause, to make any
order regulating, forbidding or restrictingthe use of waterfor irrigation or sprinkling or any other
nonessential outside usage. (Ord. 778 § 4, 2003).
13.04.100 Service—Application.
A. All applications forwater service shall be made at the office of the city clerk/treasurer or at such
other place as the council may hereafter designate by resolution and upon such form as may be
prescribed by the superintendent.
B. Every such application shall be made bythe owner of the propertyto be furnished, or by its
authorized agent, and the applicant shall state fully and truly allthe purposes for which the water
may be required. (Ord. 337, 1987).
13.04.110 Service — Connection — General requirements.
A. Except as otherwise provided for herein, no premises shall be connected to the water supply
system of the city after the effective date of the ordinance codified in this chapter unless there is a
standard main owned by the city in the public right-of-way adjacent thereto.
B. When a permit has been obtained forth installation of water service, the superintendent shall
cause the premises described in the application to be connected with the water system by a
service pipe extending from the main to the property line and a stopcock and water meter placed
within the right-of-way. Every separate premises shall have its own separate meter.
C. Service connections shall be installed bythe city at the expense of the property owner, which
shall be the prevailing cost of such installation at the time thereof. In case of replacement of new
service, no service smallerthan three-fourths inch shall be installed.
D. All connections to city service shall conform to the standard specifications and regulations of
the city. (Ord. 337, 1987).
13.04.115 Water service — Limitations on connections.
Expired. (Ord. 931 § 1, 2010).
13.04.120 Service — Connection — System development charge and meter charge.
A. All persons connecting to the water system of the city shall pay, in advance of connection to the
water system, a system development charge and meter charge in accordance with the schedule set
forth below in this section. In every case, title to the water meter, meter box and service connection
lines shall be and remain with the city.
1. The system development charge shall be $5,036 per equivalent residential unit as calculated in
subsection C of this section. The system development charge shall be adjusted every January 1 st
by the most recent edition of the Engineering News Record Construction Cost Index (ENR -CCI).
2. The meter charge shall be as follows:
Meter
Size
Regular*
Duplex*
Pretapped
and
Preplumbed
5/8 x
3/4"
$600.00
$750.00
$300.00
1"
760.00
985.00
400.00
1-1/2"
1,600.00
650.00
2"
2,500.00
1,000.00
3"
Cost, plus 15%
Meter
Size
Regular*
Duplex*
Pretapped
and
Preplumbed
4"
Cost, plus 15%
6"
Cost, plus 15%
8"
Cost, plus 15%
*Includes installation of meter box, water meter and service connection line from a water main in
the water system to a meter site on or in the public right-of-way adjacent to the propertyto be
served which is not more than 50 feet distant from the water main. Where the water meter site lies
more than 50 feet distantfrom the water main, the charge set forth above shall be increased by
$25.00 for each additionalfoot of service line required.
B. A charge for street crossings will be added to the above fees as determined bythe city.
C. "Equivalent residential unit (ERU)" means the unit of measurement determined bythat quantity
of flow associated with a single residential household defined as follows:
1. ERU measurement shall be an equivalent flow of 875 cubic feet, or less, per month, based on
water meter in -flow.
2. With respect to each residential structure, the number of ERUs and associated "base flow"
(figured in cubic feet) will be based on Table 1.
Table 1
No.
Base
Type of Unit
ERUs/unit
Flow
Single-family
1.00
875cf
residence
Duplex dwelling unit
1.00
875cf
Triplex dwelling unit
0.90
788cf
Fourplex dwelling
0.80
700cf
unit
Residential
0.75
657cf
structures
> four units
3. With respect to uses other than residential, one ERU shall be designated fore a ch 875 cubic feet
or less of water consumed per month.
4. Awater capital improvement fund shall be maintained where collected system development
charges will be placed to be utilized for emergency repairs, capital improvement projects and
acquisition of water rights.
D. Irrigation Meters. If a meter is installed separately and solelyforthe purpose of irrigation, the
established water connection fee (ERU) will apply plus the cost of the meter will be paid at the time
of application. Monthly base fees will applywhen the meter is active and readyfor use, regardless
of consumption duringthis period. The meter will be read and billed on a monthly basis and
charged accordingto the established water rates as set bythe city council. Irrigation meters shall
be locked bythe city at the end of the irrigation season as determined bythe city. Service shall be
restored by requesting utility service at the start of the irrigation season. Irrigation meters shall have
a double checkvalve assembly, approved bythe city, and approved for installation in Washington
State. (Ord. 988 § 1, 2014; Ord. 927 § 1, 2010; Ord. 926 § 1, 2010; Ord. 778 §§ 5, 6, 2003; Ord. 748 §§
3, 5-8, 2001; Ord. 645 § 1, 1999; Ord. 553 § 1, 1995; Ord. 504 §§ 1 —3, 1994; Ord. 337, 1987).
13.04.130 Service — Connection —Temporary.
A. Water service may be supplied to premises on a temporary basis during the construction of a
building thereon or during the construction of a standard main to service such premises.
Applications for temporary service shall state fully the purposes for which temporary service is
requested. All water shall be metered, and costs required for installation and removal of such
temporary service shall be paid by the applicant prior to approval of such application.
B. Upon cessation of the need for which the temporary service was requested, the owner shall
immediately notify the superintendent thereof and such temporary service shall forthwith be
terminated or converted to permanent service. The meter shall be read and the owner of the
temporary service shall be billed accordingly for the water used. (Ord. 778 § 7, 2003; Ord. 337,
1987).
13.04.140 Service — Connection — Master meter.
A. The public works director or designated representative may authorize water service to a
community or group of individual consumers to be furnished through a common master meter
upon findingthat service through individual meters is not practicable. Where service through a
common master meter is authorized, the master meter shall thereafter be maintained, owned and
controlled by the city.
B. Application for water service under the provisions of this section shall be made on the forms
furnished by the city for that purpose, which shall include as a minimum, a detailed description of
the premises to be served, the name and nature of the person or entity to be responsible for the
service and connection charges, the circumstances precluding service by individual meters and
such other information asthe council may deem necessary.
C. Detailed plans of all communitywater systems to be served by a master meter, and all
modifications thereof, shall, prior to connection, be submitted for review bythe city engineer.
D. Community water service as provided for in this section shall be limited to those premises
described in the application therefor. Service to additional premises shall require a separate
application and approval.
E. The ownership, operation and maintenance of a communitywater system beyond the master
meter shall be vested in and the responsibility of the members of such group so serviced.
F. Monthly charges as currently established or hereafter amended shall be applied to each
compound ortraditional meter serving as a master meter and shall include for each account the
following monthly fees:
1. One service fee correspondingto the size of the master meterfrom the monthly base rate
charges table in YMC 13.04.250(A), shall be applied monthlyto each master meter; and
2. One monthly service fee shall be applied to each built dwelling or individual business unit
connected to the water line served bythe master meter. The monthlyfee shall be applied at the rate
charged forthe smallest diameterwater line listed in the base rate table in YMC 13.04.250(A); and
3. Water use charges shall be applied to the registered consumption or usage amount for each
master meterfrom the monthly consumption chargestable in YMC 13.04.250(B). (Ord. 832 § 1,
2005; Ord. 778 § 8, 2003; Ord. 337, 1987).
13.04.150 Construction cost assessment.
A. Each premisesto be served bythe water supply system shall be assessed its proportionate share
of the cost of design and construction of a standard main in the street right-of-way, or easement,
abutting such property.
B. Priorto approval of an application forwater service, the city clerk/treasurer shall determine
whetherthe premises have previously contributed or been assessed their proportionate share of
the construction costs. If such assessment or contribution has not previously been paid, the
applicant shall paythe same prior to the approval of the application. (Ord. 337, 1987).
13.04.160 Construction charge payment.
The standard main construction charge may be paid either in cash at the time of application or
pursuant to a deferred payment contract with the city in such form as may be approved bythe
council. Such contract may provide for interest on any unpaid balance, for discontinuance of
service in the event of default in payment, and for the creation of a lien upon the premises covered
thereby. (Ord. 337, 1987).
13.04.170 Substandard mains.
No substandard or temporary mains shall be installed and connected to the water supply system
after the effective date of the ordinance codified in this chapter. Existing substandard mains shall
not be extended to service additional customers. (Ord. 337, 1987).
13.04.180 Service — Connection — Installation of main.
A. Whenever application is made for water service to premises with no main in the adjacent street,
a standard main must be installed prior to connection. The installation of such standard mains
shall conform to the comprehensive water plan fort he city.
B. A standard main maybe installed by and at the expense of the owner(s) of the premises to be
served thereby, pursuant to plans reviewed by the superintendent and approved by the city
engineer. In such cases the city will contract with the owner(s) to provide for reimbursement of the
costs of design and construction of such main over a period not to exceed 15 years pursuant to the
provisions of Chapter 35.92 RCW. The actual cost must be approved by the city showing the
method of determining benefit cost. The contract shall be recorded in the office of the county
auditor upon acceptance of construction of them a in by the council
C. The owner may elect to have a standard main installed by the city upon making payment to the
city of the appropriate main extension charges as provided for in this chapter. (Ord. 337, 1987).
13.04.190 Main extension charge.
Whenever a main is installed within the corporate limits of the city as provided in this chapter, the
main extension charge to be paid bythe owner(s) of the premises so served shall be determined by
the council on the advice of the city engineer based upon the actual costs for design of the
necessary material, labor and equipment required, and in accordance with current practices and
the comprehensive water plan, based upon the acreage orfront footage to be served or a
combination of acreage and the front footage to be served. (Ord. 337, 1987).
13.04.200 Water meters.
A. All service connections to the city system shall be metered. Water meters shall be sized to
provide adequate domestic water to the customer. Minimum water meter sizes shall ordinarily be
determined from the number of units served as follows:
All water meters shall be American Water Works Association (AWWA) approved
1. 1 unit 3/4" meter
2. 2units 1"meter
3. 3-10 units 1-1/2" meter
4. 11 —20 units 2" meter
B. All requests for service to more than 20 units through a single meter shall be subject to approval
bythe council upon review and recommendation of the city engineer.
C. Water meters for services larger than 20 units shall be sized by developer's engineer and
reviewed bythe superintendent and approved bythe city engineer. (Ord. 337, 1987).
13.04.210 Service — Reconnection.
A. A service reconnection initiated by application of an owner desiringto increase the size or
change the location of an existing connection shall be deemed an original connection and the cost
thereof shall be borne by the owner of the premises served by such connection.
B. A service reconnection necessitated by the installation of anew main in the vicinity of a premises
served by an existing main shall be made by the superintendent after notifying the owner or tenant
thereof, without charge to the owner served by such connection and at the same time the old
service connection shall be removed. (Ord. 337, 1987).
13.04.220 Cross -connection and backflow control program.
The purpose of this section is to protect the health of the user and the potability of the water in the
water system, by requiringthe inspection and regulation of all actual or potential cross -
connections between potable and nonpotable water systems in order to minimize the danger of
contamination or pollution of the public water supply. Controlling and preventing cross -connection
is accomplished by either installing an approved backflow prevention assembly or removingthe
cross -connection.
A. Authority.
1. The Federal Safe Drinking Water Act of 1974 and the statutes of the State of Washington RCW
Title 43 and Chapter 248-54 WAC require purveyors to "protect public water systems from
contamination due to cross -connections."
2. This section prohibits the presence of cross -connections.
3. The city of Yelm's water comprehensive plan includes cross -connection requirements.
B. Definition of Responsibilities. The city shall require the installation of backflow prevention
devices on any premises being served by the water system when in the judgment of the public
works director or designated cross -connection control specialist the nature and extent of activities
on the premises would present an immediate and/or dangerous hazard to health should a cross -
connection occur
C. Definitions. The followingterms are defined for purposes of this chapter
1. "Air gap separation" means the physical vertical separation between the free flowing discharge
end of a potable water supply pipe line and the open or nonpressure receiving vessel. The air gap is
to be twice the diameter of the supply piping measured verticallyfrom the overflow rim of the
receiving vessel.
2. "Approved backflow prevention assembly" means an assemblywhich has been approved bythe
state of Washington and the city of Yelm for preventing backflow.
3. "Atmospheric vacuum breaker" (also known as an "anti -siphon valve") means a device
consisting of a single check valve in the supply line that opens to the atmosphere when the
pressure in the line drops to atmospheric.
4. "Auxiliary water supply" means any supply of water used to augment the supply obtained through
the purveyor's water system which serves the premises in question.
5. "Backflow" means the flow of water or other fluids in the direction opposite to the normal flow
6. "Backflow prevention assembly tester" means an individual who is certified by the state of
Washington and approved by the city of Yelm to test backflow prevention assemblies.
7. "Check valve" means a valve that permits flow in only one direction.
8. "Contaminant" mean any physical, chemical, biological, or radiological substance or matter in
waterwhich may renderthe water nonpotable, accordingto Washington State regulations.
9. "Cross -connection" means any link or channel between pipingwhich carries potable drinking
water and the pipingfixtures which carry nonpotable water or other substances.
10. "Cross -connection control program" means a program included in the overallwater
comprehensive plan which fulfillsthe requirements of the state of Washington cross -connection
regulations and is approved bythe city of Yelm.
11. "Cross -connection specialist" means an individual certified bythe state of Washington and
approved bythe city of Yelm to inspect for cross -connections.
12. "Customer system" means all plumbing, piping, and appurtenances on the customer's side of
the point of metering or connection.
13. "Public works director" means the public works director, or his/her designated representative.
14. "Double checkvalve assembly" means an assembly of two independently acting checkvalves
with a shut-off valve on each side of the two checkvalves. The assembly also hastest ports for
checking the watertightness of each checkvalve. Backflow prevention assemblies must be
approved for installation in Washington State.
15. "Double detector checkvalve assembly" means the same as a double checkvalve assembly
with the addition of a water meter and an additional double checkvalve assembly bypassingthe
main line assemblyforthe purpose of measuring low or proportional flow. Backflow prevention
assemblies must be approved for installation in Washington State.
16. "Facility survey" means an on-site review of the water source, facilities, equipment, operation,
and maintenance forthe purpose of evaluatingthe hazardsto the drinkingwater supply.
17. "Owner" means any person who has legaltitle to or license to operate or occupy a property
upon which a cross -connection inspection will be made or upon which a cross -connection is
present.
18. "Pressure vacuum breaker assembly" means a mechanical assembly consisting of one spring
loaded checkvalve in the supply line and a spring loaded air inlet on the downstream side of the
checkvalve which will open to atmosphere when the pressure in the assembly drops below one
pound per square inch. The complete assembly consists of two shut-off valves and two test ports
for checking watertightness of the checkvalve. Backflow prevention assemblies must be approved
for installation in Washington State.
19. "Reduced pressure backflow prevention assembly (RP)" means an assemblyfor preventing
backflow incorporating two checkvalves, a differential relief valve located between the two check
valves, two shut-off valves, one oneach end of the assembly, test ports for checking water
tightness of the checkvalves and the operation of the relief valve. Backflow prevention assemblies
must be approved for installation in Washington State.
20. "Reduced pressure detector assembly (RPD)" meansthe same as RP assemblywith the
addition of a water meter and an additional RP assembly bypassingthe main line assemblyforthe
purpose of measuring low or proportional flow. Backflow prevention assemblies must be approved
for installation in Washington State
21. "Safe drinking water (potable water)" means water which has sufficiently low concentrations of
microbiological, inorganic chemical, organic chemical, radiological or physical substances so that
individuals drinkingwater at normal levels of consumption will not be exposed to disease
organisms or other substances which may produce harmful physical effects.
22. "Secondary contaminant" means a contaminant which at levels generallyfound in drinking
water does not present unreasonable risksto health, but does adversely affect taste, odor, and
color.
23. "Service connection" means the point of delivery of water at or nearthe property line, generally
at the water meter.
D. Cross -Connection Program Requirements. The city will operate a cross -connection control
program which fulfills the requirements of the state of Washington cross -connection regulations
and is approved by the city of Yelm.
1. The owners shall allow their property to be inspected for possible cross -connections and shall
follow the provisions of the city's program if a cross -connection is permitted.
2. If the city requires that the public supply be protected by containment, the owner shall be
responsible for water quality and for thermal expansion protection beyond the outlet end of the
containment device and should utilize fixture outlet protection for that purpose. Fixture outlet
devices shall be installed in accordance with the Uniform Plumbing Code. A plumbing permit and
inspections may be required.
3. On new installations the citywill provide on-site evaluation and/or inspection of plans in orderto
determine the type of backflow preventor, if any, that will be required. In any case, a minimum of a
meter setter checkvalve will be required on any new construction.
4. For premises existing priorto the start of this program, the citywill perform evaluations and
inspections of plans or premises and inform the owner by letter of any corrective action deemed
necessary, the method of achievingthe correction, and the time allowed forthe correction to be
made.
Premises will be inspected on or afterthe expiration date of required action to correct a cross -
connection. Premises failingto comply with the city's request shall receive written notice that water
service to the premises will be terminated within a period not to exceed 30 calendar days. In the
event the owner informs the city of extenuating circumstances as to whythe correction has not
been completed, the city may grant a time extension up to 30 days.
5. The city will not allow any cross -connection to remain unless it is protected by an approved
backflow preventorfor which a permit has been issued and which will be regu [arty tested to ensure
satisfactory operation.
6. If the city determines at any time that a threat to the public health exists, the water service will be
terminated immediately.
7. The city shall perform inspection of all backflow devices. Inspection shall include the on-site
reviews of existing installations, after any repairs or maintenance, and after any relocation. The
owner is required to submit to the city a copy of the initialtest report, as well as annualtesting
reports completed by a certified backflow assemblytester.
8. When the initial installation or annualtest identifies an improperly operating backflow device, the
owner shall correct the malfunction as directed bythe city. The owner shall contact the city after
correctingthe malfunction for inspection.
E. Owner. The owner shall be responsible forthe elimination or protection of all cross -connections
on their premises.
1. The owner, followingthe receipt of a letterfrom the city, shall, at their own expense, install any
and all backflow preventors requested.
2. The owner shall correct any malfunction of the backflow preventorwhich is revealed by periodic
citytesting.
3. The owner shall inform the city of any proposed or modified cross -connections and also any
existing cross -connections of which owner is aware.
4. The owner shall install only city -approved backflow preventors
5. Any owner having a private well or other private water source shall not cross -connect to the city's
system.
6. The owner shall provide access to premises to the city at the city's request. Failure to provide
accessto inspect facilities shall be grounds fortermination of water service.
7. The owner shall be responsible forthe payment of allfees for permits, annual or semi-annual
device testing, retesting in the case that the device fails to operate correctly, and any reinspections
for noncompliance with city requirements.
F. Failure to Comply. Any person, firm or corporation who willfully violates any provisions and
requirements of the cross -connection control manual shall be guilty of a misdemeanor and further
shall be subject to discontinuance of supply of waterto the premises. Discontinuance of the city
potable water supplyto the premises shall remain in effect until corrective action as required bythe
public works director is completed, tested, and approved.
G. Installation and Testing. Installation and testing of all backflow protection devices shall be in
accordance with the American Water Works Association Cross -Connection Control Manual
accepted procedures and practices. The latest edition shall be used.
1. In addition, all backflow protection shall be installed at a location that is easily accessible for
inspection and testing. Devices located in vaults shall have adequate clearances and depths to
allow the city to inspect and test. Devices that cannot be easily and readily inspected shall be
required to be relocated and replum bed as required by the city. The owner shall contact the city for
applicable installation requirements and standards.
H. Applicability. The city recognizes there are varying degrees of risks associated with different
types of uses and will considerthis when determining if a cross -connection exists and applicable
backflow prevention devices.
I. Existing Backflow Prevention Devices. Any existing backflow protection device in use can
continue to be used providing:
1. The devices are functioning properly based on inspection and approved test reports received by
the city.
2. The degree of protection is satisfactory for protection of the city's potable water system as
determined bythe public works director or designated cross -connection control specialist.
3. Backflow devices that do not meet the above conditions shall be replaced with new approved
devices. (Ord. 778 § 9, 2003).
13.04.230 Unauthorized turn -on.
Should the owner or occupant of any premises turn on the water or suffer or cause the same to be
turned on after it has been shut off at the curb cock bythe water department, water service may
again be turned off bythe water department and a penalty of $60.00 shall be accessed. Thereafter,
a reconnect fee of $50.00 shall be assessed before restoration of service can be made. (Ord. 897
§ 1, 2008; Ord. 748 § 9, 2001; Ord. 337, 1987).
13.04.240 Turn-off fees.
When a verbal or written request is made which may be responded to during regular working hours
for any discontinuance of water service to a premises for the convenience of the occupant or
owner, the response thereto shall be classified as special service, and no charge shall be made.
Such service outside regular working hours shall be at the rate of $50.00 per call. (Ord. 778 § 10,
2003; Ord. 337, 1987).
13.04.250 Water consumption rates.
A. Monthly Base Rate Charges. The monthly base rate charges for all consumers will be:
2021-2022 Rate Table
Meter Size
Meter Charge
5/8 inch (Typical Residential)
$37.84
1inch
$94.61
2021-2022 Rate Table
Meter Size
Meter Charge
1-1 /2 inch
$189.20
2inch
$302.72
3inch
$605.45
4inch
$946.01
6inch
$946.01
5/8 inch (Outside City Limits)
$61.30
Senior/Low Income
$18.93
Irrigation Meter
$37.84
Reclaimed Irrigation Meter
$37.84
It is recommended that city council reviews the water utility base rates in September of 2022 during
the budget planning process and every subsequent September in tandem with the biennium
budget.
B. Monthly Consumption Charges. The monthly consumption charges for all commercial,
residential and irrigation meters will be:
2021-2022 Rate Table
Water Usage (Cubic Feet)
included in Base
Charge
Tier 1
Tier 2
0-400
401-1,500
1,501+
Residential (units in cubic feet)
$0.00
$4.31 per 100 CF
$6.46 per 100 CF
Commercial (units in cubic feet)
$9.41 per 100 CF
Irrigation (units in cubic feet)
$15.24 per 100 CF
It is recommended that city council reviews the water utility consumption charge in September of
2022 duringthe budget planning process and every subsequent September in tandem with the
biennium budget.
C. Automatic Fire Sprinkler Systems. All buildings with an automatic fire sprinkler system
connected to the citywater distribution system shall paythe ready -to -serve charge based on the
pipe size as substituted for equal meter size in the rate schedule. No water shall be used through
such connections or sprinkler system except for actualfire control. If the consumer is found using
waterthrough an unmetered specialfire or sprinkler service connection for otherthan fire
protection, then each such connection shall be equipped with a conventional -type meter at the
expense of the property owner.
D. Outside City Corporate Limits. Charges for the use of water outside the corporate limits of the
city shall be the meter rate identified in the "outside" schedule.
E. Temporary Water Service. Temporary water service for construction of any building, street, utility
or similar project shall be provided at the rate identified in the rate schedule in subsection A or B of
this section dependent upon location of project. A construction meter shall be required and
application shall be made at the office of the public works director identifying location and reason
for use of water. A deposit of $800.00 for each construction meter shall be collected. Upon
completion of the project, return of construction meter and charges for consumed water paid for,
return of deposit shall be made to consumer. (Ord. 1070 § 1, 2020; Ord. 1024 § 3, 2018; Ord. 1036
§ 1, 2017; Ord. 988 § 1, 2014; Ord. 963 § 1, 2013; Ord. 920 § 2, 2010; Ord. 918 § 1, 2010; Ord. 905
§§ 1, 2, 2009; Ord. 891 § 1, 2008; Ord. 778 §§ 11 —15, 2003; Ord. 748 § 1, 2001; Ord. 593 § 1, 1997;
Ord. 337, 1987).
13.04.255 Adjustment of utility bills.
A. The city administrator, or his designee, is empowered to resolve billing disputes upon receipt of
request to do so from a city utility customer. Upon receipt of such notice from the customer, the
city administrator, or his designee, shall reviewthe billwith the customerto see if the amount is
justly owed. The customer shall have the right to have a meetingto bringforth reasons and
evidence why such bill should not be due and owing.
B. When any customer in any given billing period has used, accordingto the water meter, a quantity
of waterwhich is more than double the average amount of water used on such premises in similar
billing periods in prioryears, and the water consumption is solely caused by a broken water pipe on
the user's premises, the customer may make an application to the treasurer in writingfor a
reduction of the billing.
1. If the application states a broken pipe on the customer's premises caused a large consumption
of water, the existence of a broken pipe shall be verified by inspection bythe public works
employees. If it is established by presenting acceptable documentation demonstratingto the city
that such broken pipe has been repaired, a reduction of the water billto an amount that isthe
average of the priorfour months plus one-half of the difference between the average and the
existing disputed bill.
2. The reduction provided for in this section shall not be allowed if such excess water consumption
is due to a customer's neglect or failure to repair the broken pipe. A reduction in billing shall not be
permitted if such excess consumption is due simply to lea kyfaucets or other plumb ingfixtures.
C. Irrigation systems are specifically excluded from any adjustments due to leakage.
D. In newly developed property which does not have a prior service record, the appropriate water
service charge will be based upon the charges for a simi[artype of water service and occupancy for
the preceding year.
E. The application by the customer shall be on the forms provided by the city. (Ord. 809§ 1, 2004).
13.04.260 Fire hydrants.
Repealed by Ord. 778. (Ord. 337, 1987).
13.04.265 Sprinkling during fires prohibited.
It is unlawfulfor any person to knowingly use waterfor a lawn or garden sprinkling or irrigating
purposes on any premises duringthe progress of a fire or disasterwithin the citywater system.
(Ord. 337, 1987).
13.04.270 Service.
Water consumers shall be required to complete an application for utility service and provide photo
identification with the city clerk/treasurer's office to start service forwater at the address listed on
their application. (Ord. 897 § 1, 2008).
13.04.280 Billing and payments.
Monthly statements of chargesforwater service shall be due and payable at the office of the city
clerk/treasurer or at such other place or places designated by him/her on or before the fifteenth of
the month and are deemed delinquent thereafter. Statements shall cover service chargesforthe
period shown thereon and the water consumption charges from the meter readingforthe period
from last meter read. Statements shall be forwarded to the customer as soon as practicable after
each service period. (Ord. 897 § 1, 2008; Ord. 566 § 1, 1995; Ord. 384 § 1, 1990).
13.04.285 Utility contracts.
A. In cases of high water consumption as defined by the city finance department policy, which
results in a large utility bill making it difficult to pay the full amount of the current bill, the finance
department ("department") shall have the discretion of reinstating or continuing service to a
delinquent account upon receipt and department approval of a satisfactory deferred installment
payment plan forthe payment of the overdue amount. Notwithstandingthe foregoing, the
department is under no obligation to enter into any installment plan with any customerwho has not
fully and satisfactorily complied with terms of any previous installment plan.
B. A deferred installment payment program shall be based upon a number of factors, including but
not limited to:
1. The dollar amount of the delinquent account;
2. The time the bill has been owed;
3. The customer's ability to pay;
4. The utility payment history of the customer;
5. Other relevant factors presented bythe customer.
C. A deferral shall:
1. Be on such terms and may include such security (including recorded restrictive covenant or
other security) as determined bythe city administrator that protects the payment of the fee;
2. Not exceed a period of deferral of more than one year, or sale of property, whichever occurs first;
3. Not include deferral of any costs of notices, publications, and other costs to the city;
4. Include repayment in fullwith interest thereon at a rate of two percent computed annually on the
unpaid balance as a prerequisite to enter into the contract. Interest calculated pursuant to this
section shall not be compounded. (Ord. 1025 § 1, 2017).
13.04.290 Nonpayment of charges.
A. Water service terminated for nonpayment shall not be restored to the nonpaying occupant until
all delinquent charges, together with a service fee of $50.00 for restoring services, are paid. The city
will not refuse to turn on a discontinued service to a new tenant in any building due to the
nonpayment of a prior tenant. Upon completion of a utility service application and proof of
identification, the new service shall be restored. Restoration of service shall in no way comprise the
existing debt or the responsibility of the owner for payment.
B. Water service to commercial and non -owner -occupied units shall be contracted for by the owner
(landlord) of the premises served. The city will agree to divide services among a number of units
and to bill the owner for each of the designated units separately. Liability for all bills to rental units
shall be joint and several between the tenant, the owner of the premises, and any other party
identified on the original service request.
C. The citytreasurer or authorized representative shall have the authorityto refer delinquent
accounts of the citywater utility and refuse collection system to an agencyfor collection and to
write off accounts that are over one year old in an amount not to exceed $500.00 per account. This
write-off option shall be utilized only after it has been determined bythe treasurerthat the account
is uncollectible and is not referable to a collection agency. The city may also elect to referthe
matterto counselfor collection through an appropriate civil action. In either event, all costs of
collection shall be paid bythe defaulting party. (Ord. 897 § 1, 2008; Ord. 778 § 17, 2003; Ord. 566
§ 2, 1995).
13.04.300 Rate reduction — Established.
Repealed by Ord. 1024. (Ord. 337, 1987).
13.04.310 Rate reduction — Eligibility.
Repealed by Ord. 1024. (Ord. 868 § 2, 2007; Ord. 512 § 2,1994; Ord. 337, 1987).
13.04.315 System development charge and meter charge waiver and deferral — Established.
A. The system development charge and meter charge imposed byYMC 13.04.120 shall be deferred
for low-income families where:
1. The total maximum household income of the residents of the dwelling unit shall not exceed 50
percent of the most recent Thurston County median household annual income, as determined by
the United States Housing and Urban Development Department.
2. The dwellingtype is a detached, single-family residential unit.
3. The dwelling is occupied bythe owner of the property.
4. The property owner submits a deed restriction in a form approved bythe city attorneyto be
recorded with the Thurston County auditor guaranteeing fulfillment of the criteria set forth in this
section.
5. The property owner submits a deed restriction in a form approved bythe city attorneyto be
recorded with the Thurston County auditor requiringthe deferred system development charge and
meter charge be repaid to the city in the event the property is sold within 10 years of the date of the
deferral. If the property is not sold within the 10 -year deferral period, the deferral shall convert to a
waiver.
B. Amortization of system development charge may be authorized bythe city administrator if a
business with high water usage of more than three equivalent residential units can show that the
connection charges are a barrier to economic development. Upon authorization of amortization of
system development charges, the business owner and property owner must enter into a repayment
agreement with the city. The agreement must:
1. Have a term of no more than 24 months with equal monthly payments.
2. Require the property ownerto grant and record a lien against the property in favor of the city in
the full amount of the amortized system development charges.
3. Include interest at a rate established bythe finance director.
4. Include an administrative fee to coverthe cost of administration of the contract, as established
bythe finance director. (Ord. 1026 § 3, 2018; Ord. 979 § 1, 2013).
13.04.320 Rate reductions and system development and meter charges waiver and deferrals —
Application procedure.
To qualifyfor the reduction in water service charges orwaiver and deferral of system development
charges and meter charges set forth in this chapter, every eligible subscriber (or if married, then
either spouse) shallfile with the city clerk/treasurer his or her statement, under oath, on such form
as may be prescribed bythe city clerk/treasurer, that he, she orthey meet the eligibility
requirements set forth in YMC 13.04.310 or 13.04.315 and that such applicant or applicants
promise to forthwith notifythe city of any circumstances or change in conditions which would make
the applicant or applicants ineligible to receive the reduction. (Ord. 979 § 2, 2013; Ord. 337, 1987).
13.04.330 Annexation requirements.
A. Premises lying within the Yelm urban growth area (UGA) shall annex to the City as a condition of
reclaimed water connection. Alternately. the City may elect to defer annexation and require
execution of an agreement described in subsection B of this section.
B. Premises not annexed as a condition of reclaimed water service may receive such service only
upon entering into an appropriate agreement with the City containing a waiver of protest to
annexation and/or a special irrevocable power of attorney authorizing annexation at such time as the
City determines the premises is to be annexed to the City.
2. The cost of the reclaimed water extension must be borne in whole by the applicant for such
services, subject to any provisions in effect at the time of connection for latecomer
reimbursement;
3. The agreement may not be executed priorto the time formal application is made for approval
of the project for which utilities are requested. The term of said agreement shall terminate at
the time anyproiect application or approval expires or is revoked for any reason. A new
agreement is required for any extension of project applications or approvals or when in the
opinion of the Director of Public Services, a substantial change or addition is made to the
project
Following execution. such agreement must be recorded bvthe Citv in the chain of title for such
0. .0 ViolatioTs — PeTalties.
A. Civil Penalties
1. Any person who shall violate any provision of this chapter shall be liable to the city for any
expense, loss, damage, cost of inspection or cost of correction incurred by the city by reason of
such violation including any cost to the city incurred in collection from such person such loss,
damage, expense, cost of inspection or cost of correction, including necessary reasonable
attorney's fees and court costs.
2. Any person who shall make an unauthorized connection to the city's water system shall be
charged a minimum fine of $250.00, or such other fines and penalties as may be adopted from time
to time by city ordinance, for each unauthorized connection.
B. Criminal Penalties.
1. Any person, firm or corporation who willfully violates any of the provisions of this chapter shall be
subject to discontinuance of supply of citywaterto the premises. Discontinuance of the city
potable water supply shall remain in effect until corrective action as required bythe public works
director is completed. Furthermore, any willful violation by a person, firm, or corporation shall be
guilty of a misdemeanor. (Ord. 778 § 18, 2003).
WASHINGTON
EST. 1924
Meeting Date: 08/10/2024
CITY COUNCIL AGENDA ITEM SUMMARY
City ofYelm, Washington
AGENDA ITEM: ORDINANCE NO. 1120—SPECIAL IRREVOCABLE POWER OF ATTORNEY
AND WAIVER OF ANNEXATION FOR SEWER
PROPOSED MOTION:
Motion to approve Ordinance No. 1120 to SPECIAL IRREVOCABLE POWER OF ATTORNEY AND
WAIVER OF ANNEXATION FOR SEWER
KEY FACTS AND INFORMATION SUMMARY:
The Yelm Municipal Code currently lacks a specific application process for providing sewer
services to properties in Yelm's Urban Growth Area (UGA). Consequently, to facilitate the
establishment of new sewer connections for properties located outside the corporate limits of the City
but within the UGA, it is necessary to introduce new language into Chapter 13.08 of the ordinance. This
amendment will address and accommodate the requirements for extending sewer services to these
areas.
ATTACHMENTS:
ORDINANCE NO. 1120
SPECIAL IRREVOCABLE POWER OF ATTORNEY AND WAIVER OF ANNEXATION
YMC Chapter 13.08 Track Changes
Respectfully Submitted:
1=L WP -
Reza R. Roukerd
Civil Review Engineer
11 Page
CITY OF YELM
ORDINANCE NO. 1120
AN ORDINANCE OF THE CITY OF YELM, WASHINGTON, ADDING A NEW SECTION 13.08.108
ANNEXATION REQUIREMENTS, TO CHAPTER 13.08 SEWER SYSTEM OF THE YELM MUNICIPAL
CODE.
WHEREAS, Chapter 13.08 does not currently contain a provision outlining annexation
requirements for consumers requesting sewer service; and
WHEREAS, there is currently no application process outlined in the ordinance by which
premises within the Yelm Urban Growth Area may obtain sewer services; and
WHEREAS, the Yelm City Council has determined the Yelm Urban Growth Area can be
serviced with a sewer connection after signing a waiver of protest to annexation by the City and
a special irrevocable power of attorney; and
WHEREAS, the Yelm City Council has determined the following ordinance will be added to
Chapter 13.08 SEWER SYSTEM of the Yelm Municipal Code; now, therefore,
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF YELM AS FOLLOWS:
Section 13.08.108 is hereby added to the Yelm Municipal Code as follows:
Section 13.08.108 Annexation requirements.
A. Premises lying within the Yelm urban growth area (UGA) shall annex to the City as a condition
of sewer connection. Alternately, the City may elect to defer annexation and require execution of
an agreement described in subsection B of this section.
B. Premises not annexed as a condition of sewer service may receive such service only upon
entering into an appropriate agreement with the City containing a waiver of protest to annexation
and/or a special irrevocable power of attorney authorizing annexation at such time as the City
determines the premises is to be annexed to the City.
1. Application fees as established by the City Council must be paid upon the submittal of
a signed agreement requesting sewer service for premises outside the City.
2. The cost of the sewer extension must be borne in whole by the applicant for such
services, subject to any provisions in effect at the time of connection for latecomer
reimbursement.
3. The agreement may not be executed prior to the time formal application is made for
approval of the project for which utilities are requested. The term of said agreement shall
terminate at the time any project application or approval expires or is revoked for any
reason. A new agreement is required for any extension of project applications or approvals
or when in the opinion of the Public Services, a substantial change or addition is made to
the project.
C. Following execution, such agreement must be recorded by the City in the chain of title for
such premises in the records of the Thurston County Auditor.
Adopted by the Yelm City Council at the regular meeting this 13' day of August 2024.
Joe DePinto, Mayor
ATTEST:
Kathy Linnemeyer, City Clerk
PUBLISHED:
EFFECTIVE DATE:
SPECIAL IRREVOCABLE POWER OF ATTORNEY
AGREEMENT TO ANNEX (UGA PRIVATE)
THIS AGREEMENT is made and executed by and between the City of Yelm, a municipal
corporation, hereinafter referred to as "City" and hereinafter referred to
as "Owner".
WHEREAS, Owner holds record title of the following described Property (the "Property')
located within Thurston County, Washington:
SEEATTACHMENT'A
WHEREAS, said Property lies within the City urban growth area, thereto, and
WHEREAS, it is the desire of the Ownerthat said Property be served with water, reclaimed
water, and/or sewer service from the City of Yelm and hereby makes application therefore, or is
already served by City utilities, and
WHEREAS, Section(s) of the Yelm Municipal Code requires that an
Agreement executed whereby the owner of the above described Property covenants that they
would annex said Property to the City of Yelm at such time as the Property becomes contiguous
to the corporate limits of the City of Yelm, or is otherwise eligible for annexation to Yelm, and
WHEREAS, it is appropriate that the Owner grant to the Yelm Public Services Director a
special power of attorney to effect said annexation at the time the Property becomes contiguous
to Yelm or is otherwise eligible for annexation to Yelm.
IT IS AGREED BETWEEN THE PARTIES as follows:
1. That Yelm hereby provides water, reclaimed water, and/or sewer service to the above
described Property in accordance with Title 13 of the Yelm Municipal Code
2. In consideration of Yelm providing said utility service, the Owner hereby grants and conveys
to the Yelm Public Services Director or his successor in interest or designee a Special Power
ofAttorneyto exercise any and all rights said Owner, their heirs or assigns and any successors
in interest to said Owner, including any purchasers, mortgage holders, lien holders or other
persons who may claim an interest in said Property hereinafter referred to as "Successors in
Interest" to accomplish the following:
(a) To petition to Yelm for annexation of any part or all of the Property described above, which
petition shall conform to the provisions of paragraph (b) herein.
(b) To accomplish all steps necessary or proper for the annexation of said Property under
RCW 35A.14 and the ordinances and regulations of the City of Yelm for annexation of
Page 1 of 3
Property to the City of Yelm with zoning consistent with the ordinances of the City of Yelm
and with the condition that Owner or its Successors in Interest will be required to assume
no more than a fair share of Yelm's bonded indebtedness.
(c) To sign any and all letters, petitions, and other documents necessary to accomplish said
annexation on behalf of any successors in interest as defined above.
(d) This Power of Attorney shall be considered a power coupled with an interest and may not
be terminated except at such time as the above described Property is no longer served
by water, reclaimed water, and/or sewer service through Yelm or Yelm's utility facilities.
3. If the City of Yelm resolves to annex the above-described Property pursuant to RCW
35A.14.295-.299, the Owner or its Successor in Interest covenants not to challenge same by
referendum or other methods. This Agreement and Power of Attorney touches and concerns
the real Property described above and so long as the said Property is served by water,
reclaimed water, and/orsewer service from the City of Yelm through the Yelm water, reclaimed
water, and/or sewer system, shall bind the land and shall run with the land, binding the
Owner's assigns, heirs, transferees, Successors in Interest and all who derive an interest
therein.
4. This agreement is effective upon the date of the last signature of both the grantor and grantee.
THIS AGREEMENT shall be recorded in the Thurston County Auditor's Office and shall be
referenced upon any deed or other instruments conveying an interest in said Property.
Dated in Yelm, Washington this day of 20
go
(Owner) CITY OF YELM
(Signature)
(Title)
BY:
(Signature)
ITS:
(Title)
Page 2 of 3
STATE OF WASHINGTON )
) ss
COUNTY OFTHURSTON )
On this day of 20_, personally appeared before me
, known to be the individual(s)
described, and who executed the foregoing instrument and acknowledged that they signed the
same as their free and voluntary act and deed for the uses and purposes therein mentioned.
WITNESS my hand and official seal the day and year first above written.
Notary Public in and for the State of Washington,
residing in
My commission expires
STATE OF WASHINGTON )
) ss
COUNTY OFTHURSTON )
On the day of , 20_, before me, a Notary Public in and for
the State of Washington, duly commissioned and sworn, personally appeared
, to me known to be the Public Services Director of the City
of Yelm, a municipal corporation, who executed the foregoing instrument and acknowledged the
said instrument to be the free and voluntary act and deed of said municipal corporation for the
uses and purposes therein mentioned and on oath states that is authorized to execute the
said instrument.
WITNESS my hand and official seal the day and year first above written.
Notary Public in and for the State of Washington,
residing in
My commission expires
Page 3 of 3
Chapter 13.08
SEWER SYSTEM
Sections:
13 08 040 STEP sewer connection permit
13.08.050 Collection lines.
13 08 060 Inspections and compliance with standards
13.08.070 Unlawful acts.
13.08.080 Prohibited uses.
13.08.090 Sewer service charges. system developmen
13.08.095 Monthly sewerfees.
13 08 105 Adjustment of sewer bill
13.08.107 System development charge and inspection fee waiver and deferral.
13 08 108. Annexation requirements _ Formatted: Hyperlink, Font: Bold, Complex Script Font
Bold
13.08.010 Definitions
"As -built" or "as -built drawing" means a drawing showing the horizontal and vertical location ofthe
improvements as actually constructed; showing invert elevations, slopes of pipes, location of the
pipes, tanks, controls, valves, depths of cover, type of material and any other feature different than
shown on the design drawing.
"Assess" means to establish an amount or rate for the value of required improvements, fees or
charges that are duefor services provided which may become a lien on the property receiving such
improvements or services.
"BOD" is the abbreviation for "biochemical. oxygen demand"which means the quantity of oxygen
utilized in the biochemical oxidation of organic matter under standard laboratory procedure in five
days at 20 degrees centigrade, expressed in parts per million by weight; provided, that, in the event
an alternative definition is utilized by orwithin theterms of a permit issued by a governmental
agency underwhich the treatment system is required to operate, then such definition shall be
deemed incorporated herein by reference.
"City of Yelm department of public works" or"public works" means the sewer function of the city
and the rules, regulations, boundaries, etc., relating to such sewer function. See "director."
"City standards" means the official design and engineering specifications of the city adopted by the
city council and applyingto the construction of facilities underthe city's jurisdiction.
"Collection lines" means a pressure or gravity sewage conveyance line and appurtenances as
defined from time to time by the city standards.
Commercial Waste. See "industrial/commercial waste."
"Cover" means the depth of earth material lying between the top of the sewer and the finished
grade immediately above it.
"Director," when utilized within this chapter, refers to the director of public works/health officer or
his/her designee.
"Disabled citizen" means a permanently disabled head of household whose combined income
from all sources does not exceed income levels as established or amended by resolution of the city
council.
"Down spout" means the leader, whether pipe, chain or otherwise, above ground which is installed
to conduct water from the roof gutter.
"Drain" means anytype of conduction of waste or surplus liquids.
"Equivalent residential unit" or"ERU" means the unit of measurement determined bythat quantity
of flow associated with a single residential household as defined by YMC 13.08.095.
"Garbage" means solid waste which includes, but is not limited to, matter originating from the
preparation, cooking and dispensing of food; from handling, sale and storing of produce; from
public places orfrom private ownership.
"Health officer" means the official responsible for the public health ofthe citizens of Yelm or
his/her designee. See "director."
"House drain" or "building drain" means the pipe used for conveying sewagefrom the buildingto
the clean-out arta a pointtwo and one-halffeet beyond the outer line of anyfooting, piling, building
support or porch underwhich it may run; whether such drain consists of one line extendingfrom
the building or oftwo or more such lines.
"Ind ustrial/com mercia l waste" meansthewastes from an industrial or commercial process, as
distinguished from sanitary sewage.
"Licensed sewer contractor" means any contractor licensed by the state of Washington who is duly
registered as a specialty contractor or a general contractor, and as such is licensed to construct,
install, repair, reconstruct or excavate any sewers and to connect any building sewer to such public
sewers, and who possesses a valid city business license.
Maintenance Manager. See "director."
"Municipal sewer service area" or "sewer service area" means the geographic area defined in the
city's comprehensive sewer plan in which sewer service is currently available and planned to be
served with sewer service in the future.
"Municipal sewer system" means the city's sewer system and includes collectively: the STEP
system, collection lines, treatment plant, discharge piping and outfall piping.
"NP DES" is an abbreviation for National Pollution Discharge Elimination System which is a federal
wastewater discharge permitting system that establishes discharge limits for facilities discharging
wastewater to waters oft he United States of America.
"Occupant" means any person in physical possession of the building or structure to which sewer
service is available, whether the owner, tenant or other person holding a possessory interest.
"On-site" means that the majority of the component parts of a wastewater cc Motion or soil
absorption system are located on the private property where the wastewater is generated.
"Owner" means any person who holds fee title to the subject property.
"Person" means any individual, firm, company, association, society, corporation or group.
"pH" means the logarithm of the reciprocal of the weight of hydrogen ions in grams per liter of
solution.
"Pretreatment ordinance" means an ordinance adopted by the city addressing the type or level of
treatment that maybe required prior to the disc h arge of sanitary sewage into the STEP system.
"Primary treated wastewater" means wastewater that has been treated by the septic tank.
"Public place" or "public area" means any space dedicated to or acquired for the use of the general
public or utilized with the permission of the owner or occupant on a continuing basis by the general
public.
"Rate reduction application procedure" means the application procedure set forth in
YMC 13.04.320.
"Sanitary sewage" means the combination of the water-carried wastes from residences, business
buildings, institutions, commercial and industrialestablishments, which wastes contain polluted
matter subject to treatment at the sewage treatment plant, i.e., sanitary sewer.
"Sanitary sewer system" means an integrated system of piping, pumps, valving and related
structures constructed for the purpose of collecting and conveying domestic wastewater from
sources to points of treatment.
"Septic tank" means a tank designed to provide primary treatment of the wastewater, and sized
according to the city's Technical Specifications STEP Onsite System. See "STEP tank."
"Sewer" means a pipe or conduit for conveyance of wastewater, and may be either gravity or
pressureflow.
Sewer Collection System. See "sanitary sewer system."
Sewer Service Area. See "municipal sewer service area."
"Sewer system" means the treatment plant, outfall, collection lines and STEP system as defined
herein.
Shall—May. For purposes of this code, "shall" shall be deemed to be mandatory and "may"
permissive, unless the circumstances of the utilization thereof mandate otherwise.
"Side sewers" means the sewer pipe from the buildingd rain to the STEP or septic tank serving the
particular building, beginning at a single discharge point two and one-half feet outside the
foundation wall, or at the clean-out if closerthan two and one-half feet outside the found ation wall
but still outside the foundation wall and ending at the inlet to the STEP or septic tank.
"Site plot" or "site map" means a map of the side sewer location retained by the city in conjunction
with any permit; the site plot or site map shall serve as a record of all matters pertaining to such
permit.
"Slug" means any discharge of water, sewage or cc mmerciaVindustrialwastewaterwhich, for any
period longer than 15 minutes, has a flow rate or concentration of any given constituent that
exceeds more than five times the average 24-hour flow rate or concentration of normal operation.
"Soil absorption system" means a system designed to percolate primary treated wastewater into
so ilthrough the use of ad rainfied, mound system or other land disposal system approved by the
Thurston County health department.
"Standard participation contract" means the form of contract required bythis codeto be entered
into before properties which have not yet been connected to or assessed for sewers or do not
otherwise q ualify fo r sewer service may nevertheless use the public sewers of the city.
"STEP system" means allfacilities from the buildingdmin to the sewer collection lines including:
the STEP tank, pump, screens, controls, alarms, electrical breakers, the effluent line, includingthe
pipe, valves and valve box, and all miscellaneous appurtenances from the STEP tankto the sewer
collection line.
"STEP tank" means a septic tank effluent pump tank and appurtenances as defined bythe city
standards.
"Suspended solids" means solidsthat either float on the surface of or are in suspension in water,
sewage or other liquids, and which are removable by the application of a treatment process.
"Treatment plant" means the structures, equipment and facilities required to receive, treat and
reclaim wastewater, includingthe outfall piping and structures. (Ord. 868 § 3, 2007; Ord. 505 § 1,
1994).
13.08.020 Use of municipal sewer.
A. It is unlawfulfor any person to place, deposit or permitto be placed or deposited, any human or
animal excrement, sanitary sewage or other o bjectic nab le waste, by any naturalor nonnatural
means in any manner, upon property of the city or private propertywithin the city sewer boundaries,
or in any area under the jurisdiction ofthe city, except through the city's sewage collection system
or through an approved on-site system as provided in this chapter.
B. Except as provided in this chapter, it is unfawfu Lto constructor maintain any privy, privyvauLt,
cesspool or other facility intended or used for the dis posal. of sewage and to install or use any on-
site soil absorption systems in such cases where the city's sewer collection system is available for
service as provided herein. For purposes of this code, the sewer collection system shall be deemed
available when the premises are within 200 feet of the city's collection lines; provided, that the
city's treatment plant holds sufficient unused capacity to treat the expected sewage from the
premises. The 200 -foot distance shall be calculated by measuring from the lot line closest to the
existing portion ofthe city's collection system.
C. For the purpose of this code, when the sewer is not available as defined in this section, primarily
treated wastewater may bed is posed of on-site with a treatment and disposal system that meets
the approval of the health officer. All components shall be designed and constructed to meet the
city's STEP system standards. The city shall establish the standards under which all components of
the system will be constructed, including: side sewers, tanks, pumps, pump controls and
associated appurtenances for both the municipal system and on-site soil absorption systems that
will be converted for use in the transport of effluent to the YeLm municipal cc flection system at such
time as sewer is avaiLabLe.
D. The owner(s) of any premises upon which any building is Located within the city's sewer service
area shaLL connect to the city's municipal. sewer system if: (1) the city's sewer co Loction system is
available to the premises, as defined in subsection A ofthis section; (2) the Thurston County health
department has determined thatthe interests of public health and safety require a connection to
the city's municipal. sewer system. W here the sewer co Loction system is available and as such, a
property owner is required to connectto such system, such connection shaLL be made within the
Lesser of: (1) two years from May 1, 1994, or (2) when in the opinion of the health officer, the on -the -
site system on the premises requires repair or replacement. Such connections shaLL be made at the
safe expense of the owner within 30 days after notification by the city that service is available. This
section shaLL appLyto new buildings constructed within the city on or after the effective date of the
ordinance codified in this chapter.
E. The director may authorizethe connection of more than one structure on the premises, whether
residential, commercial. or industriaLto a single septictankor STEP system instal ation servingthe
property. Any muLtipfe connection must receive priorwritten approvaLfrom the director before a
construction permitwiLL be issued.
F. In the eventthat property is nottimeLy connected to the municipal. coLLection system within the
time period prescribed by subsection B of this section, the director is authorized and directed to
make such a connection to the system and to notifythe city cork/treasurer ofthe total. costthereof.
Thereupon, awarrant shaLL be issued and drawn upon the city's sewer fund for payment of such
total. cost. A statement of such total cost shaLL be filed with the auditor ofthe county of Thurston, as
weLL as the treasurer ofthe county of Thurston, and such amount, together with interest at the rate
as mayfrom time to time be established for judgments on thetotal. amount ofthe costs, shaLL be
assessed against the property and shaLL become a Lien thereon as provided in this chapter.
G. Any building hereafter constructed or made availablefor human occupation and use, or parcel of
real estate to which the sewer collection system is available as provided in subsection A of this
section, shall, within 60 days after an application for aside sewer permit is received by the city, or
prior to occupancy of the premises, whichever event first occurs, be connected to the municipal
sewer system of the city.
H. The owners of property within the corporate limits of the city, which property has not been
connected to sewers, may, with the city's consent, connect to the municipal sewer system of the
city and obtain sewer service by entering into an assessment agreement provided for by
YMC 13.08.040(A). Property located outside the corporate limits of the city shall not be permitted to
connect to the city's municipal sewer system at anytime unless:
1. The property is included within the boundaries of the sewer service area; and
2. Either the property is annexed to the city or the owners thereof enter into a binding agreement
with the city, agreeing the property shall be annexed to the city at such time as the city may request,
and that the property owner waives any protest to the annexation. (Ord. 505 § 2, 1994).
13.08.030 Application for sewer service.
A. Properties that are located within the city's sewer service area, as that area may from time to
time be modified, and are not connected to the municipal sewer system and otherwise do not
qualify for sewer service under the terms of this chapter, may be eligible to be connected to the
city's municipal sewer system and be served thereby when the owner thereof executes an
application for sewer service and the city concurs therewith. Upon the concurrence by the city, the
application and all of its terms become a binding contract on all parties named therein. The
application shall be filed and recorded with the Thurston County auditor.
B. The application for sewer service shall contain such terms, conditions and requirements as may
be from time to time established by the public works director. At a minimum, it shall provide the
following:
1. That the property owner warrants that he/she is the owner of that property with full authority to
bind the property with the covenants and conditions contained in the application;
2. That the property owner shall subject his/her property to the terms of the application and shall
use the city's mu nicipal sewer system in accordance with the rules and regulations of the city as
they may be amended from time to time, and that the property shall be subject to the regular
schedule of sewer service charges of the city as may from time to time be fixed by the city for its use
classification, including, if the city so provides, a reasonable split or special rate for properties in
particular areas;
3. That the property described in the application shall be the only property served with sewer
service pursuant to the terms in the application;
4. That the property subject to the application shall be subject to liens, penalties and interest for
nonpayment of sewer service charges to the same extent as any other property served by the city;
5. Thatthe property owner and his/her successors in interest shall not objectto any annexation to
the city or the formation of any utility local improvement district, the areas of which may include the
property subject to the a pplicatio n;
6. That owners haLLprovide all necessary easements prior to the commencement of installation of
collection lines on-site and all collection and STEP system materials and equipment shall be
approved by the city and the ownership of such equipment and materials shall meet the
specifications and approval of the city, including, but not limited to, atransfer of ownership to the
city at the city's request;
7. The owner shall agree to pay, prior to connection, any connection fee which may from time to
time be assessed, as well as any monetary amount that maybe expended by the city pursuant to
this chapter and YMC 13.08.095. Such charges shall constitute a lien upon the properties and be
subject to collection as provided in YMC 13.08.020(F).
C. Charge in Lieu of Assessment. The property owner must pay to the city, in addition to any
connection fee, application fee or other charge which maybe due, an amount of money which shall
constitute a charge in-lieu of assessment which maybe determined by the use of an assessment
formula used by the city. The charge in-lieu of assessment must be paid in full before connection to
the city's municipal sewer system is permitted. This charge in-lieu of assessment shall be deemed
to take into consideration, among other factors, the reduction incapacity of the collection system
and/or treatment plant, resulting from the connection, which shall be in such amount as may from
time to time be established by the director pursuant to the provisions of YMC 13.08.100.
D. Other Terms. To protect the interests of the city, the city may require that other conditions and
provisions be inserted into the application for sewer service as the individual case may warrant.
E. Develo per Agreement. In addition to authority provided in this chapter, the city may also enter
into contracts with the owners of real estate to the extent allowed by law. (Ord. 505 § 3, 1994).
13.08.040 STEP sewer connection permit.
A. It is unlawfulfor any person to make connection to the city's municipal sewer system without
cc mplying with all of the provisions of this code and having first procured a permit to do so from the
city.
B. Applications for the STEP sewer connection permit shall be obtained from the office of the public
works director and shall be fi led therewith. The application shall be on such form as may from time
to time be established by the public works director and shall require such information as from time
to time maybe established by the public works director, including, but not limited to, the name and
address of the owner or owners, the correct address and proper legal description of the property to
be served, the anticipated use of the property to be served, and the name, address and contractor's
number of the contractor who will be doing the work. The director or his/her designee may meet
with the owners of the property o r their representatives to approve the proposed location of the
STEP tank and manner of connection. The application will then be submitted to the city along with
such fee as may from time to time be established, forfinal consideration. The permit shall not be
issued until the application has been approved by the director or his/her designee. No sewer
connection shall be made untilsuch STEP sewer connection permit has been issued.
C. No contractor shall commence sewer work within the corporate limits of the city or the sewer
service area as defined by the latest sewer comprehensive plan, engineering report or facility plan,
until proof has been submitted to the citythatthe contractor is a licensed contractor as defined in
YMC 13.08.010.
D. Upon completion of the installation of the STEP system, tank and associated appurtenances, the
owner shall be responsiblefor ensuring that the contractor provides to the city an as -built drawing
to the satisfaction of the director. The as -built drawing shall be prepared on a site map showing the
Location of the STEP tank, the point of connection with the house or building, the grade of the side
sewer, the location of all piping and electricalwiring and such other information as shall be deemed
pertinent by the director. Records of all sewer connections, as -bunts and inspection reports of
completed work shall be kept on file in the city public works office, along with the STEP sewer
connection permits.
E. Upon approvalof an application for a STEP sewer connection permit, and any drawing related
thereto, it is unlawfulto installthe permitted improvements in any manner otherthan as provided
for in the permit, without the priorwritten approvalof the director. Duringthe course of
construction ofthe improvements, the installation shall be inspected and approved bythe director
or his/her designee, both before the installation is covered and upon final completion. Newark
other than that covered bythe permit shall be done withoutthe prior approval of the city. The
installation or repair of any portion ofthe STEP system between the house drain and the sewer
collection system shall be considered to be an installation pursuantto this chapter.
F. It is unlawful for any person to break, alter or tamper with any city sewer collection line, except
that property owner or his or her representative or contractor may con nect to an existing wye,
saddle or tee which exists for that specific purpose, with the prior approvalof the director;
provided, that any such connection shall be inspected and approved bythe approvalof the director
before the installation is covered.
G. It is unlawfulto disconnect any side sewer, STEP system or other connection to the city's sewer
collection system or remove any portion of a STEP system without securing priorwritten approval
bythe director. The discontinued service shall be turned off or sealed in such a manner as may be
acceptable to the director, whether at the curbstop cr otherwise. All expenses for disconnecting
from the sewer collection system shall be borne bythe property owner.
H. The approvalof the design and installation of a STEP system are city sewer collection system by
the city shall not relievethe property owner ofthe responsibility for obtaining such other permits or
Licenses as may be required bythe city, county, state cr other agency, nor shall it be deemed to be a
statement by the city that the installation was performed without defect in workmanship, parts or
material. It shall bathe responsibility of the sewer contractor to contact other utility service
providersto determine the location of other utilityfacilities before commencing work and they shall
have the responsibilityfor protectingsuch other facilities duringthe course of construction.
I. The property owner shall, prior to issuance ofthe STEP system connection permit, provide an
easementto the cityforthe purpose of operation and maintenance ofthe STEP system, in a form as
may from time to time be required by the director. (Ord. 505 §4, 1994).
13.08.050 Collection lines.
A. The director shall not allow any substandard or temporary collection lines to be installed or
connected to the city's sewer collection system.
B. Whenever application is made for sewer service to premises with no collection line in the
adjacent street, a collection line must be installed prior to connection. The installation of such lines
shall conform to the comprehensive sewer plan for the city. A collection line shall be installed by,
and at the expense of, the owner(s) of the premises to be served thereby, pu rsuant to plans
approved by the director. In such cases, the city may contract with the owner(s) to provide for
reimbursement of the costs of design and construction of such collection lines in a manner
consistent with Chapter 35.91 RCW. The owner(s) may elect to request that the collection line be
installed by the city u Pon making payment to the city of the appropriate collection line extension
charges, as provided by this chapter.
C. Whenever a collection line is installed within the city's sewer service area as provided in this
chapter, the collection line extension charge to be paid by the owner(s) of the premises so served
shall be determined by the city council on the advice of the director, based u Pon the actual costs
for design, and the cost of the necessary material, labor and equipment required for the
construction in accordance with current standards and the comprehensive sewer plan. The charge
shall be based upon the acreage or front footage of the property to be served or a combination of
acreage and the front footage of properties to be served, or on the basis of equivalent residential
units (ERUs) as defined in YMC 13.08.095. (Ord. 505 § 5, 1994).
13.08.060 Inspections and compliance with standards
A. The director and his/her assistant and the city council, bearing proper credentials and
identification, shall be permitted to enter upon all and any premises at all reasonable times for the
purpose of inspection, observation, measurements, samplings, testing of sewers and sewage
waste and performing all other acts or duties required by the provisions of this code. It is unlawful
for any person to prevent any such entrance or obstruct or interfere with any such officer or
employee so engaged.
B. Allwork performed pursuant to any permit granted as provided by this chapter, includingthe
quality of materialand manner of construction, shall be subjectto the inspection and approvalof
the director.
C. No excavation undertaken for purposes of the installation, connection, repair or replacement of
a collection tank, side sewer or other portion of the STEP system or any collection line shall be
back-filled or any sewer covered until the work has been inspected and approved by the director or
his/her designee.
D. It shall be the responsibility of the person performingwork underthe authorization of a permit
issued pursuamto the provisions of this chapterto notifythe directorwhen the workwill be ready
for inspection and that person shallspecify in such notification the location ofthe premises. The
director or his/her designee shall make such inspection within 48 hours after receipt of the notice,
excluding Saturday, Sunday and holidays.
E. When such work authorized by a permit pursuant to this chapter is performed by a contractor,
either the contractor or competent representative shall be available to meet the city representative
on the premises when so directed.
F. If the director or respective designee finds that anywork or materials used are not in accordance
with any applicable code, ordinance, rule, specification or regulation, the director or designee shall
notify the person doing the work and also the owner or occupant of the premises by posting a
written notice, and such posted notices haLL be all the notice required to be given with regard to
defects in the work or materials found in such inspection.
G. All work within the limits of any public area shall be prosecuted to completion with due
diligence. If any excavation is left open beyond a time reasonably necessary to back -fill the same,
the city may cause the same to be back-filled and the public area restored forthwith at the expense
of the property owner, occupant, or contractor, as the case maybe. Any such work shall be
protected by appropriate warning signs and barricades. The director may, if deemed necessary and
appropriate to insure the completion of work, require the posting of a bond in favor of the city in
such form as may from time to time be approved by the director in such amount as maybe equal to
one and one-half times the value of the work to be done.
H. Under any of the circumstances set forth in subsection I of this section, and after written notice
has been provided by the director, or his/her designee, the contractor, owner or person doing the
work, as the case maybe, shall properly corrects uch work by performing the necessary
construction or repair, or by otherwise taking the steps necessary to remedy the circumstances,
within the time specified in the notice. In the event the contractor, owner or responsible person fails
to properly correct such work within the specified time, then the city may perform such work as
maybe necessary to remedy such circumstances, and the cost of such work so done shall be
charged to the property owner, occupant or contractor, as the case maybe, and shall become
immediately payable to the city upon written notice of such being delivered to such owner,
occupant or contractor or charged against the construction bond as provided for herein. Any
Licensed sewer contractor, and any contractor performing work pursuant to a permit issued under
this chapter, who refuses to modify, remove, replace or complete any portion of the work when so
instructed by the director, shall by such refusal, forfeit his or her city license for construction of
sewers or drains in the city.
I. The circumstances under which the provisions of this section shall apply areas follows
1. When any work performed in the construction, installation, repair or modification of a sewer is
not performed in accordance with the provisions of any applicable code, includingth is chapter, or
any plans, specifications or permits approved by the city;
2. When the health officer or responsible city official determines that a collection system, STEP
system or other portion of the sewage disposal system is obstructed, broken or inadequate and is a
menace to the public health or is likely to cause damage to either public or private property;
3. The provisions of YMC 13.08.070 have been violated by no ncompletion;
4. The STEP system serving any property has been shut-off from its service of electrical power as a
result of delinquent payment for such service, or any other reason.
J. Any moneys expended by the city pursuant to the taking of any action by the city under the
provisions of this section shall be subject to a lien and enforcement as provided in
YMC 13.08.020(F). (Ord. 505 § 6, 1994).
13.08.070 Unlawful acts.
A. No person shall d ischarge or cause to be discharged any stormwater, surface water, ground
water, roof runoff, subsurface drainage, coolingwater or unpolluted commercial/industrial process
water to a connection, STEP system, or any portion of the collection system, and no yard drains, or
any exterior drains of any type shall be connected to the sanitary sewers in any manner.
B. It is unlawfulto drain large volumes of waste directly into the sewer and thereby cause surcharge
of sewer lines withoutthe prior approval of the director. Swimming pools, public or private, shall not
be directly connected to the sewer. Only upon authorization of the director, swimming pools may be
drained into the sewer system by a pumped discharge. To prevent surcharges or excessive flows in
the sewer line, the director may require reduced pumping rates, the utilization of smaller discharge
pipe and/or throttled valves, and/or limited times of the day when pumping will be allowed.
C. It is unlawfulto tamperwith the municipalsewer system, arta break, damage, destroy, deface,
alter ortamperwith any structure, appurtenance or equipmentwhich is part of the municipal sewer
system, or without authority from the city, to break, damage, destroy or deface any public walk,
curb or pavement, arta make openings or excavations in a public area for the purpose of
connecting to the city municipal sewer system.
D. It is unlawfulto disconnect or cause to be disconnected the electrical power source from the
STEP tank, whether such tank is designed to serve multiple buildings or a single building, whilethe
buildingor buildings are occupied and subjectto continuing utilization orwhile the plumbing
facilities in any of the connected structures are in use subjectto continuing use. This prohibition
shall not apply to gravity tanks that do not require electrical power for conveyance of the effluent.
Nor shall it be deemed to applyto the sections ofthe electrical utility providing powerto thetank,
when such disconnection is necessitated by a failure of the responsible person to pay the electrical
charges, orwhen the utility determinesthat such disconnections are necessary for the public
safety. (Ord. 505 §§ 7.01 — 7.04, 1994).
13.08.080 Prohibited uses
A. No person shall d ischarge or cause to be discharged any of the following described waters or
wastes to any city sewers:
1. Any gasoline, benzene, naphtha, fuel oil or other flammable or explosive or liquid, solid or gas;
2. Anywaters orwastes containingtoxic or poisonous solids, liquids or gases in sufficient quantity,
either singly or by interaction with other wastes, that injure or interfere with any sewage treatment
process, constitute a hazard to humans or animals, create a public nuisance, or create any hazard
in the receiving waters of the waters of the sewage treatment plant, including, but not limited to,
cyanide in excess of two mg/Las CN in the wastes as discharged to the city sewer system;
3. Any waters or wastes having a pH lower than 5.5 or in excess of 9.5 or having any other corrosive
property capable of causing damage or hazard to structures, equipment and personnel of the
sewage works;
4. Solid or viscous substances in quantities or of such size capable of causing obstruction to the
flow in sewers, or other interference with the proper operation of the sewage works such as, but not
Limited to, ashes, cinders, sand, mud, straw, shavings, metal, glass, rags, feathers, tar, plastics,
wood, unground garbage, whole blood, paunch manure, hair and fleshings, entrails, paper dishes,
cups or milk containers, either whole or ground by garbage grinders.
B. No person shall discharge or cause to be discharged the following described substances,
materials, waters or wastes if it appears likely, in the opinion of the director, that such wastes can
harm either the sewers, sewage treatment process (lagoons) o r equipment, have an adverse effect
on the receiving stream, or can otherwise endanger life, limb, public property or constitute a
nuisance. In forming his opinion as to the acceptability of these wastes, the director will give
consideration to such factors as the quantities of such wastes in relation to flows and velocities in
the sewers, materials of construction of the sewers, nature of sewage treatment lagoons, degree of
treatability of wastes in the lagoons, and other pertinent factors. The substances prohibited are:
1. Any liquor or vapor having a temperature higher than 150 degrees Fahrenheit (65 degrees
centigrade);
2. Any water or waste containing fats, wax, grease or oils, whether emulsified or not, in excess of
300 mg/l or containing substances which may solidify or become viscous at temperatures between
32 and 150 degrees Fahrenheit (zero and 65 degrees centigrade);
3. Any garbage that has not been properly shredded to meet such specifications as may from time
to time be established by the director. The installation and operation of any garbage grinder
equ ipped with a motor of three-fourths horsepower (0.76 hp metric) or greater shall be su bject to
the review and approval of the director;
4. Any waters or wastes containing strong acid iron pickling wastes or concentrated plating
solutions whether neutralized or not;
5. Any waters or wastes containing heavy metals including, but not limited to, iron, chromiu m,
copper, zinc and similar objectionable or toxic substances; or wastes exerting excessive chlorine
requirements to such degree that any such material received in the composite sewage at the water
reclamation facility exceeds the limits established by the city for such materials;
6. Any waters or wastes containing phenols or other taste- or odor-producing substances, in such
concentrations exceeding limits which may be established by the director as necessary after
treatment of the composite sewage to meet the req uirements of state, federal, or other public
agencies or jurisdiction for such discharge to the receiving waters;
7. Any radioactive wastes or isotopes of such half-life or concentration as may exceed limits which
may be established by the director in compliance with the applicable state or federal regulations;
8. Materials which exert or cause:
a. Concentrations or inert suspended solids (such as, but not limited to, Fuller's earth, lime slurries
and lime residues) or of dissolved solids (such as, but not limited to, sodium chloride and sodium
sulfate),
b. Excessive discoloration (such as, but not limited to, dye wastes and vegetable tanni ng solutions),
c. Excessive BOD, chemical oxygen demand or chlorine requirements in such quantities as to
constitute a significant load on the sewage treatment works,
d. Unusualvolu me of fewer concentration of wastes constituting"slugs" as defined herein;
9. Waters or wastes containing substanceswhich are not amenable to treatment or reduction by
sewage treatment processes employed; or
10. Any discharge that would be a violation of the city's NP DES permit. (Ord. 1026 § 1, 2018; Ord.
505 § 7.05, 1994).
13.08.090 Sewer service charges, system development charge, and inspection fee.
A. All persons connectingto the sewer system ofthe city shall pay, in advance of connection to the
sewer system, a system development charge and inspection fee in accordance with the schedule
set forth below in this section. In every case, title to the STEP tank, valve boxes, and service
connection lines shall be and remain with the city.
1. Sewer system development charges (SDC) charges are hereby established as follows:
a. Sixthousand three hundred ninety-four dollars per equivalent residential unitfor development
outside local improvement district No. 1.
b. Three thousand two hundred sixty-nine dollars per equivalent residential unitfor development
inside local improvement district No. 1.
2. An inspection fee of $145.00 per equivalent residential unit.
B. Service Rates. Service rates, billings and collection procedures shall be governed bythe
applicable provisions ofthis code, as now existingor hereafter amended or supplanted.
C. Delinquent Charges. All delinquent chargesfor sewer service, for electrical service paid for by
the city, and for the costs of sewer system connection, together with the penalties and interest
thereon as provided in this chapter, shall be a lien upon the property upon which such connection
is made or sewer or electrical service furnished, superior to all other liens or encumbrances except
those for generaltaxes and special assessments. Enforcement of such lien or liens shall be in the
manner provided bythis chapter and by other laws forthe enforcement of the same and for
delinquent sewer service and electrical service charges. (Ord. 981 § 1, 2013; Ord. 979 § 3, 2013;
Ord. 505 § 8, 1994).
13.08.095 Monthly sewer fees.
A charge for sanitary sewage d isposal shall be levied against all accounts and premises connected
to a sewer line at the rate established by this section or as amended hereafter.
A. Sewer Charge. There is established and charged a monthly sewer fee to be collected by the city
using the following procedures and rates.
B. Definitions.
"Base flow" means the flow associated with an equivalent residential unit.
"Equivalent residential unit (ERU)" means the unit of measurement determined bythat quantity of
flow associated with a single residential household, defined as follows:
1. ERU measurement shall be an equivalent flow of 875 cubic feet, or less, per month, based on
water meter in -flow, or sewer effluent meter when installed by owner with approval of the Yelm
sewer department.
2. With respectto each residentialstructure, the number of ERUs and associated "base flow"will
be based on Table 1.
Table 1
Type of Unit
No.
ERUs
Base
Flow
Single-family residence
1.00
875 of
Duplex dwelling unit
1.00
875 of
Triplex dwelling unit
0.90
788 of
Fou rplex dwelling unit
0.80
700 of
Residential structures > four
units
0.75
657 of
3. With respect to uses other than residential, one ERU shall be designated for each 875 cubic feet
of water consumed per month or sewage discharged as measured at source; provided, that for
volumes in excess of 875 cubic feet per month, the service charge shall be computed at the rate
established on Table 2.
4. With respect to accounts consisting of both residential and nonresidential uses, or combination
thereof, the residential uses shall be charged as in Table 2 of this section and each nonresidential
connection shall be charged an additional ERU plus a charge, as established in subsection C of this
section, for each cubic foot of flow over the base flow.
C. Sewer Rates and Structure. The sewer rate for the city is established per the rates as identified in
Table 2.
Table 2
Established Sewer Rate per Unit
Years 2018 to 2020
Table 2-2018 Rates
City -Owned
Electrical Meter
Private Electrical Meter
With Meter
No Meter
Type of Unit
One single-family on onetank
$64.56
$63.97
$64.56
Two single-family on one tank
$64.56
$63.38
$64.56
Three single-family on one tank
$64.56
$62.78
$64.56
Duplex units
$64.56
$63.38
$64.56
Triplex units
$58.10
$57.51
$58.10
Fourplex units
$51.65
$51.05
$51.65
Residentialwith morethan four
units
$48.41
Nonresidential units
$64.56+0.0717 per cubic footforflow in excess of 875 cubic feet
per month
Table 2-2019 Rates
City -Owned
Electrical Meter
Private Electrical Meter
with Meter
No Meter
Type of Unit
One single-family on one tank
$70.53
$69.89
$70.53
Two single-family on onetank
$70.53
$69.24
$70.53
Three single-family on one tank
$70.53
$68.59
$70.53
Duplex units
$70.53
$69.24
$70.53
Triplex units
$63.47
$62.83
$63.47
Table 2-2020 Rates
City -Owned
Private Electrical Meter
Table 2-2019 Rates
No Meter
Type of Unit
Electrical Meter
with Meter
No Meter
Type of Unit
$76.35
$77.05
Two single-family on onetank
Fourplex units
$56.43
$55.78
$56.43
Residentialwith more than four
$52.89
units
Duplex units
Nonresidential units
$70.53+0.0783 per cubic footforflow in excess of 875 cubic feet
$77.05
per month
Table 2-2020 Rates
City -Owned
Electrical Meter
Private Electrical Meter
with Meter
No Meter
Type of Unit
One single-family on one tank
$77.05
$76.35
$77.05
Two single-family on onetank
$77.05
$75.64
$77.05
Three single-family on one tank
$77.05
$74.93
$77.05
Duplex units
$77.05
$75.64
$77.05
Triplex units
$69.34
$68.64
$69.34
Fourplex units
$61.65
$60.94
$61.65
Residentialwith more than four
units
$57.78
Nonresidential units
$77.05+0.0856 per cubic footforflow in excess of 875 cubic feet
per month
Unless otherwise abrogated bythe city council, beginning January 1, 2021, and each year
thereafter, the sewer utility rates levied in 2020 shall continue with an annual adjustment each year
in January by an inflationary factortied to the Consumer Price Index, All Urban Consumers (CPI -U),
Seattle -Tacoma -Bellevue index. The inflationary factor shall be calculated and rates shall be
adjusted by the finance director in September of each year using 12 prior months of Consumer
Price Index data.
D. Payment of Sewer Bills. The rates, fees and/or charges shall bed ue and payable at the office of
the city clerk/treasurer for the city, on the fifteenth day of the month following use of Yelm's sewer
system. Any payments not paid as specified herein shall be considered delinquent.
E. Application for Service. Sewer customers shall be required to complete an application for utility
service and provide photo identification with the city clerk/treasurer's office to startservice for
sewer at the address listed on their application. (Ord. 1024§ 4, 2018; Ord. 1034§ 1, 2017; Ord. 978
§§ 1, 2, 2013; Ord. 933 § 2, 2011; Ord. 927 § 2, 2010; Ord. 915 § 1, 2009; Ord. 810 § 1, 2004; Ord. 719
§ 1, 2000; Ord. 683§ 1, 1999; Ord. 567§ 1, 1995; Ord. 547§ 1, 1995; Ord. 527§§ 1 —3,1995; Ord.
506 §§ 1 —5,1994).
13.08.100 Operational authority.
A. In addition to the authority granted to the director to make rules and regulations, the city council
may make rules and regulations implementingthe provisions of this chapter and may amend the
same from time to time, but not in a manner inconsistent with the provisions of this code. In the
event of an inconsistency between a rule or regulation established bythe director and one
established bythe city council pursuant to the provisions ofthis section, the rule or regulation
established bythe city councilshall be deemed to control.
B. The director shall be authorized to issue such rules or regulations as he or she mayfrom time to
time determine appropriate in relation to matters of methodology, standards, techniques and
materials to be utilized in relation to the connection, repair and replacement of systems upon
individual properties. The authority granted bythis section shall be deemed supplementalto any
authority granted to the director pursuamto any other ofthe provisions of this chapter.
C. The director is authorized to establish by rule or regulation, such construction standards, rules
and regulations as may be necessary to govern the installation, improvement, repair, replacement
or operation of the sanitary sewer system of the city. The standards may include, but are not limited
to, specification of materials and installation requirements, limitations upon materialsto be
permitted to enter the sewer system from a building served bythe system, collection system and
treatment plant capacity and such other matters as may be deemed necessary bythe director.
D. Any proposed rule or regulation to be issued bythe director shall be submitted to the council
priorto its implementation. The council shall have 21 days followingthe date of its initial
submission to the councilat a regular meetingto approve, disapprove or modify any proposed rule
or regulation. In the eventthe council does in fact so act, such action shall be deemed to be
effective immediately upon approvalor modification bythe council. In the event of no action bythe
city council, unless the time period established by this section is extended by affirmative action of
the council, the proposed rule or regulation shall become effective upon thetwenty-second day
following date of submission. (Ord. 644 § 1, 1998; Ord. 505 § 9, 1994).
13.08.105 Adjustment of sewer bill.
A. The city administrator, or her designee, is empowered to resolve billing disputes upon receipt of
request to do so from a city sewer utility customer. Upon receipt of such noticefrom the customer,
the city administrator, or her designee, shall reviewthe billwith the customerto see if the amount is
justly owed. The customer shall have the right to have a meeting to bring forth reasons and
evidence why such bill should not be due and owing.
B. When any customer in any given billing period has used, according to the customer's water
meter or metered sewer effluent, a quantity of water or effluentwhich is more than double the
average amount of water used or effluent discharged on such premises in similar billing periods in
prior years, and the water consumption or effluent is solely caused by a broken water pipe on the
user's premises, the customer may make an application to the treasurer in writing for a reduction of
the billing.
1. If the application states a broken pipe on a customer's premises caused a large consumption or
Large discharge of effluent, the existence of a broken pipe shall beverified by inspection by public
works employees. If it is established by presenting acceptable documentation demonstratingto the
city that such broken pipe has been repaired, a reduction of the sewer utility billto an amountthat
isthe average of the prior four months plus one-half ofthe difference between the average and
existing disputed billshall be made.
2. The reduction provided for in this section shall not be allowed if such excess effluent discharge is
due to the customer's neglect orfailure to repairthe broken pipe. A reduction in billingshall not be
permitted if such excess discharge is due simply to leaky faucets or other plumbingfixtures
releasingwastewater through the system.
3. This section only appliesto those customers otherthan flat-rate sewer customers.
4. In newly developed propertywhich does not have a prior service record, the appropriate sewer
utility chargewill be based upon the charges for a similartype of sewer service and occupancyfor
the precedingyear.
5. The application by the customer shall be on the forms provided by the city. (Ord. 921 §§ 1, 2,
2010).
13.08.107 System development charge and inspection fee waiver and deferral.
A. The system development charge and inspection fee imposed by YMC 13.08.090 shall be deferred
for low-income families where:
1. Thetotal maximum household income of the residents ofthe dwelling unit shall not exceed 50
percent ofthe most recent Thurston County median household annual income, as determined by
the United States Housingand Urban Development Department.
2. The dwellingtype is a detached, single -family residential unit.
3. The dwelling is occupied bythe owner ofthe property.
4. The property owner submits a restrictive covenant in a form approved by the city attorney to be
recorded with the Thurston County auditor guaranteeing fulfillment of the criteria setforth in this
section.
5. The property owner submits a restrictive covenant in a form approved by the city attorney to be
recorded with the Thurston County auditor requiringthe deferred system development charge and
meter charge be repaid to the city in the event the property is sold within 10 years of the date of the
deferral. If the property is not sold within the 10 -year deferral period, the deferral shall convert to a
waiver.
B. To qualify for the waiver and deferral of system development charges and inspection fee set forth
in this chapter, every eligible subscriber (or if married, then either spouse) shallfile with the city
clerk his or her statement, under oath, on such form as maybe prescribed by the city clerk, that he,
she or they meet the eligibility requirements set forth in this section and that such applicant or
applicants promise to forthwith notify the city of any circumstances or change in conditions which
would make the applicant or applicants ineligible to receive the reduction.
C. Amortization of system development charge maybe authorized by the city administrator if a
business with high water usage of more than three equivalent residential units can show that the
connection charges area barrier to economic development. Upon authorization of amortization of
system development charges, the business owner and property owner must enter into a repayment
agreement with the city. The agreement must:
1. Have a term of no more than 24 months with equal monthly payments.
2. Require the property owner to grant and record a lien against the property in favor of the city in
the full amount of the amortized system development charges.
3. Include interest at a rate established by the finance director.
4. Include an administrative fee to cover the cost of administration of the contract, as established
by the financed irector. (Ord. 1026 § 2, 2018; Ord. 979 § 3, 2013).
13.08.108 Annexation requirements.
A Premises l in within the Yelm urban growth area MGM shall annex to the City as a condition of
sewer connection. Alternately. the City may elect to defer annexation and require execution of an
agreement described in subsection B of this section
B. Prem) ses not annexed as a condltl On Of sewerserylcc may race Ne such seryl cc Only upon enter ng
into an appropriate agreement with the City containing a waiver of protest to annexation and/or a
special irrevocable powerof attorney authorizing annexation at such time as the City determines the
premises is to be annexed to the City.
1. Application fees as established by the Cily Council must beap id upon the submittal of a
signed agreement requesting sewer service for premises outside the Citv.
subject to any provisions in effect atthe time of connection for latecomer reimbursement
3. The agreement may not be executed prior to the time formal application is made for approval
agreement is required for any extension of pro ect applications or approvals or when in the
opinion ofthe Public Services. a substantial change or addition is made to the project.
Follow i ngexecutionsuch agreement must be recorder
premises in the records of the Thurston County Auditor
13.08.110 Violations—Penalties.
A. Civil Penalties.
1. Any person who shallviolate any provision ofthis code orthe city's NPDES permit, or cause such
NPDES permit to be violated, shall be liable to the city for any expense, loss, damage, cost of
inspection or cost of correction incurred bythe city by reason of such violation including any costto
the city incurred in collectingfrom such person such loss, damage, expense, cost of inspection or
cost of correction, including necessary reasonable attorney's fees and court costs.
2. Any person who shall make an unauthorized connection to the city's municipal sewer system
shall be charged a minimum fine of $250.00, or such otherfines and penalties as may be adopted
from timeto time by city ordinance, for each unauthorized connection.
3. Any person found to be violating any provision of this chapter shall be served bythe citywith
written notice statingthe nature of the violation and providing a reasonable time limit for the
satisfactory correction thereof. The offender shall, within the period of time stated in such notice,
permanently cease allviolations and make all necessary corrections.
4. Any person who shall continue any violation beyond thetime limit provided in such notice shall
be disconnected from use of the city's municipal sewer system until such violation has been
corrected and certified bythe director or his/her designee. Such discontinuance of sewer service
will be reported to the Thurston County health department and a reconnection fee of $250.00 will
be assessed againstthe property.
B. Criminal Penalties. Any person violating a provision of this chapter shall, in addition to any other
penaltywhich may be imposed pursuantto the chapter, be subjectto, upon conviction of such
violation, a penalty as provided in this code. The first citation within any 12 -month period issued a
person alleging any particularviolation shall be deemed to be an infraction. The person, upon a
findingthatthe violation was committed, shall be subjectto the allowable penalties, up to $250.00.
Any second or subsequent violation within any 12 -month period issued to a person for a particular
violation shall constitute a criminalviolation and be deemed to be a misdemeanor. (Ord. 505 § 10,
1994).
WASHINGTON
EST. 1924
Meeting Date: 08/10/2024
CITY COUNCIL AGENDA ITEM SUMMARY
City ofYelm, Washington
AGENDA ITEM: ORDINANCE NO. 1121—SPECIAL IRREVOCABLE POWER OF ATTORNEY
AND WAIVER OF ANNEXATION FOR RECLAIMED WATER
PROPOSED MOTION:
Motion to approve Ordinance No. 1121 to SPECIAL IRREVOCABLE POWER OF ATTORNEY AND
WAIVER OF ANNEXATION FOR RECLAIMED WATER
KEY FACTS AND INFORMATION SUMMARY:
The Yelm Municipal Code currently lacks a specific application process for providing reclaimed water
services to properties in Yelm's Urban Growth Area (UGA). Consequently, to facilitate the establishment
of new reclaimed water connections for properties located outside the corporate limits of the City but
within the UGA, it is necessary to introduce new language into Chapter 13.24 of the ordinance. This
amendment will address and accommodate the requirements for extending reclaimed water services to
these areas.
ATTACHMENTS:
ORDINANCE NO. 1121
SPECIAL IRREVOCABLE POWER OF ATTORNEY AND WAIVER OF ANNEXATION
YMC Chapter 13.24 Track Changes
Respectfully Submitted:
L==41 424-q
A
Reza R. Roukerd
Civil Review Engineer
11 Page
CITY OF YELM
ORDINANCE NO. 1121
AN ORDINANCE OF THE CITY OF YELM, WASHINGTON, ADDING A NEW SECTION 13.24.090
ANNEXATION REQUIREMENTS, TO CHAPTER 13.24 RECLAIMED WATER, OF THE YELM
MUNICIPAL CODE.
WHEREAS, Chapter 13.24 does not currently contain a provision outlining annexation
requirements for consumers requesting reclaimed water service; and
WHEREAS, there is currently no application process outlined in the ordinance by which
premises located within the Yelm urban growth area may obtain reclaimed water; and
WHEREAS, the Yelm City Council has determined the Yelm urban growth area can be
serviced with reclaimed water after signing a waiver of protest to annexation by the City and a
special irrevocable power of attorney; and
WHEREAS, the Yelm City Council has determined the following ordinance will be added to
Chapter 13.24 RECLAIMED WATER of the Yelm Municipal Code; now, therefore,
BE IT ORDAINED BY TH E COUNCIL OF THE CITY OF YELM AS FOLLOWS:
Section 13.24.090 is hereby added to Chapter 13.24 of the Yelm Municipal Code as
follows:
Section 13.24.090 Annexation requirements.
A. Premises lying within the Yelm urban growth area (UGA) shall annex to the City as a condition
of reclaimed water connection. Alternately, the City may elect to defer annexation and require
execution of an agreement described in subsection B of this section.
B. Premises not annexed as a condition of reclaimed water service may receive such service only
upon entering into an appropriate agreement with the City containing a waiver of protest to
annexation and/or a special irrevocable power of attorney authorizing annexation at such time as
the City determines the premises is to be annexed to the City.
1. Application fees as established by the City Council must be paid upon the submittal of
a signed agreement requesting reclaimed water service for premises outside the City;
2. The cost of the reclaimed water extension must be borne in whole by the applicant
for such services, subject to any provisions in effect at the time of connection for
latecomer reimbursement;
3. The agreement may not be executed prior to the time formal application is made for
approval of the project for which utilities are requested. The term of said agreement shall
terminate at the time any project application or approval expires or is revoked for any
reason. A new agreement is required for any extension of project applications or approvals
or when in the opinion of the Director of Public Services, a substantial change or addition
is made to the project.
C. Following execution, such agreement must be recorded by the City in the chain of title for
such premises in the records of the Thurston County Auditor.
Adopted by the Yelm City Council at the regular meeting this 13' day of August 2024.
Joe DePinto, Mayor
ATTEST:
Kathy Linnemeyer, City Clerk
PUBLISHED:
EFFECTIVE DATE:
SPECIAL IRREVOCABLE POWER OF ATTORNEY
AGREEMENT TO ANNEX (UGA PRIVATE)
THIS AGREEMENT is made and executed by and between the City of Yelm, a municipal
corporation, hereinafter referred to as "City" and hereinafter referred to
as "Owner".
WHEREAS, Owner holds record title of the following described Property (the "Property')
located within Thurston County, Washington:
SEEATTACHMENT'A
WHEREAS, said Property lies within the City urban growth area, thereto, and
WHEREAS, it is the desire of the Ownerthat said Property be served with water, reclaimed
water, and/or sewer service from the City of Yelm and hereby makes application therefore, or is
already served by City utilities, and
WHEREAS, Section(s) of the Yelm Municipal Code requires that an
Agreement executed whereby the owner of the above described Property covenants that they
would annex said Property to the City of Yelm at such time as the Property becomes contiguous
to the corporate limits of the City of Yelm, or is otherwise eligible for annexation to Yelm, and
WHEREAS, it is appropriate that the Owner grant to the Yelm Public Services Director a
special power of attorney to effect said annexation at the time the Property becomes contiguous
to Yelm or is otherwise eligible for annexation to Yelm.
IT IS AGREED BETWEEN THE PARTIES as follows:
1. That Yelm hereby provides water, reclaimed water, and/or sewer service to the above
described Property in accordance with Title 13 of the Yelm Municipal Code
2. In consideration of Yelm providing said utility service, the Owner hereby grants and conveys
to the Yelm Public Services Director or his successor in interest or designee a Special Power
ofAttorneyto exercise any and all rights said Owner, their heirs or assigns and any successors
in interest to said Owner, including any purchasers, mortgage holders, lien holders or other
persons who may claim an interest in said Property hereinafter referred to as "Successors in
Interest" to accomplish the following:
(a) To petition to Yelm for annexation of any part or all of the Property described above, which
petition shall conform to the provisions of paragraph (b) herein.
(b) To accomplish all steps necessary or proper for the annexation of said Property under
RCW 35A.14 and the ordinances and regulations of the City of Yelm for annexation of
Page 1 of 3
Property to the City of Yelm with zoning consistent with the ordinances of the City of Yelm
and with the condition that Owner or its Successors in Interest will be required to assume
no more than a fair share of Yelm's bonded indebtedness.
(c) To sign any and all letters, petitions, and other documents necessary to accomplish said
annexation on behalf of any successors in interest as defined above.
(d) This Power of Attorney shall be considered a power coupled with an interest and may not
be terminated except at such time as the above described Property is no longer served
by water, reclaimed water, and/or sewer service through Yelm or Yelm's utility facilities.
3. If the City of Yelm resolves to annex the above-described Property pursuant to RCW
35A.14.295-.299, the Owner or its Successor in Interest covenants not to challenge same by
referendum or other methods. This Agreement and Power of Attorney touches and concerns
the real Property described above and so long as the said Property is served by water,
reclaimed water, and/orsewer service from the City of Yelm through the Yelm water, reclaimed
water, and/or sewer system, shall bind the land and shall run with the land, binding the
Owner's assigns, heirs, transferees, Successors in Interest and all who derive an interest
therein.
4. This agreement is effective upon the date of the last signature of both the grantor and grantee.
THIS AGREEMENT shall be recorded in the Thurston County Auditor's Office and shall be
referenced upon any deed or other instruments conveying an interest in said Property.
Dated in Yelm, Washington this day of 20
go
(Owner) CITY OF YELM
(Signature)
(Title)
BY:
(Signature)
ITS:
(Title)
Page 2 of 3
STATE OF WASHINGTON )
) ss
COUNTY OFTHURSTON )
On this day of 20_, personally appeared before me
, known to be the individual(s)
described, and who executed the foregoing instrument and acknowledged that they signed the
same as their free and voluntary act and deed for the uses and purposes therein mentioned.
WITNESS my hand and official seal the day and year first above written.
Notary Public in and for the State of Washington,
residing in
My commission expires
STATE OF WASHINGTON )
) ss
COUNTY OFTHURSTON )
On the day of , 20_, before me, a Notary Public in and for
the State of Washington, duly commissioned and sworn, personally appeared
, to me known to be the Public Services Director of the City
of Yelm, a municipal corporation, who executed the foregoing instrument and acknowledged the
said instrument to be the free and voluntary act and deed of said municipal corporation for the
uses and purposes therein mentioned and on oath states that is authorized to execute the
said instrument.
WITNESS my hand and official seal the day and year first above written.
Notary Public in and for the State of Washington,
residing in
My commission expires
Page 3 of 3
Chapter 13.24
RECLAIMED WATER
Sections:
13.24.010 Findings.
13.24.020 Water reclamation policx
13.24.030 Definitions.
13.24.050 Use of reclaimed water.
13.24.060 User agreements.
13.24.070 Reclaimed water service, hookup and meter charge.
13.24.080 Legal requirements.
13.24.090 Annexation requirements.
13.24.010 Findings.
The policies described above are in the best interest of the city of Yelm. This chapter is necessary to
protect the water supply of the region, which is vital to public health and safety, and to prevent
endangerment of public and private property. The city of Yelm is dependent on ground water
sources and limited water rights. The abilityto obtain additionalwater rights in the future is
uncertain. Developing and utilizing reclaimed water can reduce the need for additional potable
water. In light of these circumstances, certain uses of potable water may be considered where
reclaimed water is available or production of potable water is unduly impaired. To encourage the
use of reclaimed water in lieu of potable water the city desires to sell the reclaimed water at a
fraction of the established potable water rates. (Ord. 720 § 1, 2000; Ord. 684 § 1, 1999).
13.24.020 Water reclamation policy.
It is the policy of the city of Yelm to reclaim 100 percent of the wastewater generated by the city and
that reclaimed water shall be used within the jurisdiction wherever its use is economically justified,
financially and technically feasible, and is consistent with legal requirements of
Chapter 90.46 RCW, for the preservation of public health, safety and welfare, and the protection of
the environment. (Ord. 720 § 1, 2000; Ord. 684 § 2, 1999).
13.24.030 Definitions.
The followingterms are defined for purposes of this chapter:
"Agronomic rate" means the amount of water required to sustain and promote plant and vegetation
growth without saturation of the underlying soils.
"Agricultural purposes" means and includes the growing of field and nursery crops, row crops,
trees, and vines and the feeding of fowl and livestock.
"Beneficial use" means the use of reclaimed water, which has been transported from the point of
production to the point of use without an intervening discharge to waters of the state, for a
beneficial purpose.
"City" means the city of Yelm, Washington, or as indicated bythe context, may mean the public
works director, treatment plant operator, water department, water superintendent, city
clerk/treasurer, engineer or other employee or agent representingthe city in the discharge of his
duties.
"City engineer" means the professional engineer regularly employed or retained bythe city.
"Commercial office buildings" means any buildingfor office or commercial uses with water
requirements which include, but are not limited to: landscape irrigation, fire protection, toilet and
urinalflushing and decorative fountains.
"Commercial water service" means reclaimed water service provided to a premises utilized for
business or industrial purposes.
"Council" means the council of the city of Yelm.
"Department" meansthe Washington State Departments of Ecology and Health.
"Greenbelt areas" includes, but is not limited to, golf courses, cemeteries, parks and landscaping.
"Infiltration basins" means a basin, pond or area specifically designed forthe controlled
application of reclaimed water by surface percolation forthe purpose of replenishing ground water.
"Irrigation" means watering by sprinkling or dripping through orifices at normal agronomic rates.
"Industrial process water" meanswater used by any industrial facility with process water
requirements which include, but are not limited to, rinsing, washing, cooling and circulation, or
construction process.
"Nonrestricted recreational impoundment" means a body of reclaimed water in which no
limitations are imposed on body-contact water sports activities. Examples may include but are not
limited to recreational lakes, waterfeatures, ponds and fishponds.
"Off-site facilities" means reclaimed waterfacilities from the source of supplyto the point of
connection with the on-site facilities, normally up to and includingthe water meter.
"On-site facilities" means reclaimed waterfacilities underthe control of the owner, normally
downstream from the reclaimed water meter.
"Plan" means the city of Yelm's facility plan or comprehensive water reclamation plan.
"Potable water" means ground waterthat is used or intended to be used as, or is suitable for, a
source of a water supplyfor domestic purposes and has been classified as a source of drinking
water bythe Department of Health.
"Reclaimed water" means effluent derived in any part from sewage from a wastewater treatment
system that has been adequately and reliably treated, so that as a result of that treatment, it is
suitable for a beneficial use or a controlled use that would not otherwise occur and is no longer
considered wastewater. As used herein, reclaimed water shall be classified as Class A reclaimed
water as defined in Chapter 90.46 RCW and the Water Reclamation and Reuse Standards.
"Reclaimed water distribution systems" means a piping system intended for the delivery of
reclaimed water separate from and in addition to the potable water distribution system.
"Reclaimed water user agreement" means a binding agreement between the city of Yelm and the
owner of a use area outliningthe conditions for use of reclaimed waterto ensure that construction,
operation, maintenance and monitoring meets all requirements of the Washington Departments of
Ecology and Health and the city.
"Reuse" means the use of reclaimed water, in compliance with Washington Departments of
Ecology and Health regulations, for a beneficial use.
"Residential service" means reclaimed water service for lawn and/or vegetable garden irrigation
provided to a residential living site.
"Service connection" means that portion of the city's reclaimed water supply system connecting
the city's reclaimed water distribution main includingthe tap into the main, the water meter and
appurtenances and the service line from the main to the meter and from the meter to the user's
property line. "Service connection" includes connections for fire protection as well as for irrigation,
commercial and industrial uses.
"Spray irrigation" meansthe application of reclaimed waterto land by spraying it from sprinklers of
orifices in piping.
"Standard specifications" meansthe specifications set forth in the current volume of "Standard
Specifications for Road, Bridge, and Municipal Construction" prepared and distributed jointly bythe
Washington State Department of Transportation (WSDOT) and bythe Washington State Chapter of
the American Public Works Association (APWA) and the current "Standards" of the American Water
Works Association (AWWA).
"Surface percolation" meansthe controlled application of waterto the ground surface for the
purpose of replenishing ground water.
"Use area" means anyfacility, building, or area approved for use of reclaimed water as evidenced
by an executed user agreement.
"Water reclamation and reuse standards" means standards developed bythe Washington State
Departments of Ecology and Health dated September 1997 and as may be amended from time to
time. (Ord. 720 § 1, 2000; Ord. 684 § 3, 1999).
13.24.040 Comprehensive water reclamation plan.
A. General. The city of Yelm has prepared and adopted a Water Reuse Facilities Plan pursuant to the
requirements of the Growth Management Act (GMA) and the Washington State Department of
Ecology as part of the city's update of the wastewater treatment facilities and implementation of
the reuse plan.
Updates to the facilities plan shall be prepared in the form of a comprehensive water reclamation
plan. The city engineer shall prepare the plan for the city and three copies of the same shall be
maintained on file in the office of the city clerk/treasurer. The plan shall be submitted to and
approved bythe Departments of Ecology and Health.
B. Uses of Reclaimed Water. The facilities plan identified any use that meets the standards for
Class A reclaimed water as a planned or potential use of reclaimed waterwithin the city's service
area. Reclaimed water uses may include, but are not limited to, the irrigation of food and nonfood
crops, landscape irrigation, impoundments, fish hatchery basins, decorative fountains, flushing of
sanitary sewers, street cleaning, dust control, fire fighting and protection, toilet and urinalflushing,
washing aggregate and concrete production, industrial cooling and industrial processes. Referto
Table 1 * for additional uses and regulations pertainingto those uses.
C. Contents of the Reclamation Plan. The comprehensive water reclamation plan shall be updated
from time to time as deemed necessary bythe city council, but in any event not less than everyfive
years. The plan shall include the following:
1. Plants and Facilities. Proposed location and size of the reclamation treatment plant, distribution
pipelines, pump stations, reservoirs, and other related reuse facilities.
2. Reclaimed Water Service Areas. A designation of the boundarywithin the city of Yelm service
area that can or may in the future use reclaimed water in lieu of potable water, including reuse
areas and ground water recharge infiltration basins. An evaluation of reuse sites, estimated volume
of waterto be reused, means of application, application rates, water balance, expected agronomic
uptake, potentialto impact ground water or surface water at the site, background water quality and
hydrogeological information necessaryto evaluate potentialwater quality impacts shall be
addressed in the plan.
Contingency Plans. The plan shall address a contingency plan to ensure that no untreated or
inadequately treated wastewater will be delivered to a use area.
4. Cross -Connection Control. The plan shall discuss cross -connection control and inspection
program, includingwho will be responsible for compliance and testing of cross -connection control
devices.
5. Design Standards. The plan shall identify design standards, which shall be adopted from time to
time bythe council and three copies of the same shall be maintained on file at the office of the city
clerk/treasurer. (Ord. 720 § 1, 2000; Ord. 684 § 4, 1999).
*Code reviser's note: Table 1 is on file in the city clerk/treasurer's office
13.24.050 Use of reclaimed water.
A. Identification of Pipe and Appurtenances. All reclaimed water pipelines, valves, outlets, and
other appurtenances, including all irrigation systems pipelines, valve and control boxes shall be
color -coded purple (Pantone 622 or other shades of purple acceptable to the city). The piping shall
be embossed or integrally stamped or marked "Caution: Reclaimed Water— Do Not Drink," and be
installed with a purple (Pantone 512 or other shades of purple acceptable to the city) identification
tracertape. The pipe and tape shall have the warning stamped on opposite sides of the pipe and
tape and be repeated every three feet or less. Identification tracer tape shall be consistent with the
Water Reclamation and Reuse Standards. Signs for notification of reclaimed water connections
shall read "Reclaimed Water— Do Not Drink." Signs for notification of irrigation use areas shall read
"For Water Conservation, This Property Is Irrigated with Reclaimed Water — Do Not Drink." Signs
shall be color -coded purple (Pantone 522 or other shades of purple acceptable to the city) with
black lettering. Sleeves over standard water pipe will not be permitted.
B. Ownership of Mains and Service Connections. The ownership of all mains, service connections
and appurtenances in the public street or utility rights-of-way shall be vested fully in the city and
the person responsible forthe construction of such mains shall relinquish, by bill of sale, or other
appropriate instrument of conveyance, all interest in the ownership of such mains upon
acceptance by the city.
The city shall operate, control and maintain all approved and accepted components of the city
water reuse system in the public streets or utility rights-of-way up to and includingthe meter, but
shall not be responsible beyond the meter. The owner of the property served shall be responsible
for maintenance of all pipe and fittingsfrom the meterto his premises. No alteration shall be made
to any connection nor shall any connection be made to the city's reclaimed water system without
the approval of the city. All connections or alterations shall be made bythe city's public works
department or by a contractor supervised bythe city.
C. Cross -Connection Control. There shall be no cross -connections between the reclaimed water
and potable water systems. The city shall coordinate with the water department to establish and
obtain approvalfrom the Washington State Department of Health a cross -connection control and
inspection program pursuant to WAC 246-290-490. Where both reclaimed water and potable water
are supplied to a reclaimed water use area, a "reduced pressure principle backflow" prevention
device, or an approved "air gap separation" shall be installed at the potable water service
connection to the reuse area.
The cost of such device and the installation thereof shall be borne bythe owner of the premises
affected. The installation and periodic testing shall conform to the provisions of WAC 248-54-500.
No interconnection with private wells is allowed and inspection bythe cityto verify disconnection is
required for continued reclaimed water service. An independent testing laboratory shall submit a
test report indicatingthe backflow prevention device has been tested and is in conformance with
this section. Annualtesting and reporting shall be required.
D. Dwelling Unit. Reclaimed water shall not enter a dwelling unit or a building containing a dwelling
unit except as specifically provided in the Water Reclamation and Reuse Standards.
E. Automatic Fire Sprinkler Systems. All buildingswith an automatic fire sprinkler system
connected to the city's reclaimed water system shall paythe same fees and rates as identified in
the water ordinance. No reclaimed water shall be used through such connections or sprinkler
system except for actual fire control.
F. Temporary Water Service for Construction. Temporary reclaimed water service from a reclaimed
waterfire hydrant for construction of any building, street, utility or similar project shall be provided
at 80 percent of the lowest potable water rate tier as established bythe city or as amended from
time to time. A construction meter shall be required and application shall be made at the office of
the public works department identifying location and reason for use of the reclaimed water. A
deposit shall be collected as identified in the water ordinance. Upon completion of the project,
return of construction meter and charges for consumed reclaimed water are paid for, return of the
deposit shall be made to consumer.
The city shall provide a separate "purple meter" for connection to the reclaimed water system.
Information shall be provided with the meter indicating the use of reclaimed water pursuant to the
requirements of the reclaimed water and reuse standards.
Temporary connections to the reclaimed water system otherthan directlyto a reclaimed waterfire
hydrant shall not be allowed.
G. Tank Trucks. Tanktrucks and other equipment used to distribute reclaimed water shall be clearly
identified with advisory signs. The tanktrucks used to transport reclaimed water shall not be used
to transport potable water that is used for drinking or other potable purposes. The tanktrucks used
to transport reclaimed water shall not be filled through on -board piping or hosesthat may
subsequently be used to filltankswith waterfrom a potable water supply. Tanktrucks used to
transport reclaimed water shall be inspected and approved for such use bythe city priorto
transporting reclaimed water.
H. Mandatory Reclaimed Water Use. The facilities plan update and subsequent comprehensive
water reclamation plan identifies existing and planned reuse areas for consumptive beneficial use
and ground water recharge areas. This information shall be used by city off icialsto mandate
construction of reclaimed water distribution systems or otherfacilities in new and existing
developments for current orfuture reclaimed water use as a condition of any development
approval or continued potable water service if future reclamation facilities are proposed in the
facilities plan indicating reclaimed water could adequately serve the development.
I. Conversion of Existing Potable Water System. Based upon the comprehensive water reclamation
plan the city may require an existing potable water userto convert their irrigation and/or other
nonpotable uses of waterto the use of reclaimed waterfor potable water conservation purposes.
J. Implementation. Should a determination be made to convert an existing potable water use to
reclaimed water, cityversus user costs associated with the required connection shall be identified
in the required execution of the user agreement. Once connected, the user shall paythe cost of
reclaimed water consumed based on the terms of this chapter.
K. Objections — Appeals. The water customer may file a notice of objection with the city within 30
days after any notice of determination to comply is delivered or mailed to the customer, and may
request reconsideration of the determination or may request a modification of the proposed
conditions or schedule for conversion. The objection must be in writing and specifythe reasons for
the objection. The preliminary determination shall be final if the customer does not file a timely
objection. The city administrator or designee shall reviewthe objection with the objector, and shall
confirm, modify or abandon the preliminary determination. Such decision may be appealed to the
city councilwithin 30 days.
L. Conditions. Upon application by a developer, owner or water customer (herein referred to as
"applicant") for a land use approval, or other development project as defined by this code, staff
shall reviewthe facilities plan and any subsequent reclaimed water comprehensive plan and make
a preliminary determination whether the subject property is required to be served with reclaimed
water or to include facilities designed to accommodate the use of reclaimed water in the future.
Based upon such determination, use of reclaimed water and provisions of a reclaimed water
distribution system or other facilities for the use of reclaimed water, and an application for a user
agreement for such use shall be required as a condition of approval of any such application, in
addition to any other conditions of approval.
M. Alterations and Remodeling. On a case-by-case basis, upon application for an alteration or
remodeling of multifamily, commercial or industrial structures (including, for example, hotels), staff
shall reviewthe facilities plan or subsequent comprehensive water reclamation plan update and
make a preliminary determination whetherthe subject property shall be required to be served with
reclaimed water orto include facilities designed to accommodate the use of reclaimed water in the
future. Based upon such determination, use of reclaimed water and provision of reclaimed water
distribution systems or otherfacilities forthe use of reclaimed water, and application for a user
agreement for such use, may be required as a condition of approval of the application. (Ord. 779
§§ 11 2, 2003; Ord. 720 § 1, 2000; Ord. 684 § 5, 1999).
13.24.060 User agreements.
A. Requested Service. On a case-by-case basis, upon application for a user agreement to use
reclaimed water on a property not covered byYMC 13.24.050, staff shall review the facilities plan
and any subsequent comprehensive water reclamation plan and make a determination whether the
subject property shall be served with reclaimed water. Based upon such determination, the
application forthe user agreement shall be accepted and processed.
B. User Agreement Conditions. The user agreement shall specifythe design, construction,
operation, maintenance and monitoring requirements forthe applicant's planned use, based on the
rules and regulations adopted pursuant to this chapter and shall require compliance with the
Washington State Departments of Ecology and Health requirements (see Chapter 90.46 RCW), and
requirements of the Water Reclamation and Reuse Standards.
The staff shall review plans forthe reclaimed and nonreclaimed water distribution systems forthe
parcel and a field inspection conducted before the user agreement is granted. Reclaimed water
shall not be supplied to a property until inspection by staff determines that the applicant is in
compliance with the user agreement conditions.
C. Application. All applications for reclaimed water service shall be made at the office of the city
public works department or at such other place as the council may thereafter designate by
resolution and upon such form as may be prescribed by the city. Every such application shall be
made by the owner of the property to be furnished reclaimed water, or by its authorized agent, and
the applicant shall state fully and truly all the purposes for which the reclaimed water may be used.
Reclaimed water service shall only be granted for use meeting the water reclamation and reuse
standards and upon the execution of a reclaimed water user agreement.
D. Reclaimed Water User Agreement Process. Upon completion of the reuse agreement conditions,
the agreement shall be scheduled for city council consideration.
E. Connection — General Requirements. When a permit has been obtained forthe installation of
reclaimed water service, the city shall cause the premises described in the application to be
connected with the reclaimed water system by a service pipe extendingfrom the reclaimed water
main to the property line and a shutoff valve and reclaimed water meter placed within the right-of-
way. Every separate user and premises shall have its own separate meter
All connections to city's reclaimed water service shall conform to the standard specifications and
regulations of the city.
F. Temporary Use of Potable Water. At the discretion of the city, potable water may be made
available on a temporary basis until reclaimed water is available. Before the applicant receives
temporary potable water, a water reclamation user agreement must be obtained for all reuse
facilities. Prior to commencement of reclaimed water service, an inspection of the on-site facilities
will be conducted to verify that the facilities have been maintained and are in compliance with the
reclaimed water user agreement and current requirements for service. Upon verification of
compliance, reclaimed water can be served to the parcel for the agreed upon use. If the facilities
are not in compliance, the applicant shall not receive potable or reclaimed water service.
Priorto making reclaimed water available, the potable water connection shall be removed and the
on-site distribution system field tested to verify no cross -connections with the potable water
system exist.
G. Installation of Main. Whenever application is made for reclaimed water service to a premises
with no reclaimed water main in the adjacent street, a standard reclaimed water main must be
installed priorto connection. The installation of such standard mains shall conform to the
comprehensive reclaimed water plan.
A reclaimed water main shall be installed by and at the expense of the owner(s) of the premisesto
be served thereby, pursuant to plans reviewed bythe city and approved bythe city engineer. In such
casesthe citywill contract with the owner(s) to provide for reimbursement of the costs of design
and construction of such main over a period not to exceed 15 years pursuant to the provisions of
Chapter 35.92 RCW. The actual cost must be approved bythe city showingthe method of
determining benefit cost. The council shall record the contract in the office of the county auditor
upon acceptance of construction of the main.
The owner may elect to have a reclaimed water main installed bythe city upon making payment to
the city of the appropriate main extension charges as provided for in the water ordinance.
H. Water Meters. All service connections to the city reclaimed water system shall be metered.
Reclaimed water meters shall be sized to provide adequate flow of reclaimed waterto the
customer. Minimum water meter sizes shall ordinarily be determined from the maximum flow
requirements for the user as determined by an engineering study. Allwater meters shall be
American Water Works Association (AWWA) approved. (Ord. 779 § 3, 2003; Ord. 720 § 1, 2000; Ord.
684 § 6, 1999).
13.24.070 Reclaimed water service, hookup and meter charge.
A. Reclaimed Water Rate. The rate charged for reclaimed water shall be set at 80 percent of the
lowest potable water rate tier as established bythe city or as amended from time to time. Special
circumstances may betaken into consideration to allowfor a different rate. Such special
circumstances and rates shall be identified in the user agreement and approved bythe city council
B. To encourage use of reclaimed water in lieu of potable water and to advance the use of reclaimed
water throughout the city service area, there is no equivalent residential unit/hookup fee to the
reclaimed water system, except the user shall paythe appropriate meter charge as identified in the
city's water ordinance. Monthly base fees will applywhen the meter is active and readyfor use,
regardless of consumption duringthis period. The meterwill be read and billed on a monthly basis
and charged accordingto the established water rates as set bythe city council. Irrigation meters
shall be locked bythe city at the end of the irrigation season as determined bythe city. Service shall
be restored by requesting utility service at the start of the irrigation season. In every case, title to the
reclaimed water meter, meter box and service connection lines shall remain with the city.
C. Billing and Payments. Monthly statements of charges for reclaimed water service shall be due
and payable at the office of the city clerk/treasurer or at such other place or places designated by
him/her on or before the fifteenth of the month and are deemed delinquent thereafter. Delinquent
accountswill be assessed a penalty as identified in the water ordinance. Statements shall cover
service charges forthe period shown thereon and shall be forwarded by mail to the customer as
soon as practicable after each service period.
D. Nonpayment of Charges. Reclaimed water service terminated for nonpayment shall not be
restored to the nonpaying user until all delinquent charges, togetherwith a service fee as identified
in the water ordinance for restoring services, are paid. (Ord. 988 § 1, 2014; Ord. 779 § 4, 2003; Ord.
720 § 1, 2000; Ord. 684 § 7, 1999).
13.24.080 Legal requirements.
A. Rules and Regulations. The city administrator is charged with administration and enforcement of
this chapter. Reclaimed water service to any premises served bythe city reclaimed water system
may be discontinued for anyviolation or abridgement of the provisions of this chapter orthe user
agreement, after due notice thereof. In the event reclaimed water service is discontinued for failure
to complywith provisions of this chapter it shall remain terminated forthe duration of such
noncompliance.
B. Inspection of Premises. Authorized employees of the public works department, properly
identified, shall have free access at reasonable hours of the day, to all premises served bythe city's
reuse system forthe purpose of ascertaining conformityto this chapter, the Water Reclamation and
Reuse Standards and the city's NPDES permit.
C. Sprinkling During Fires Prohibited. It is unlawfulfor any person to knowingly use reclaimed water
for a lawn or garden sprinkling or irrigating purposes on any premises during the progress of a fire or
disasterwithin the area served bythe city's reclaimed water system.
D. Damaging or Interfering with Water System. It is unlawful for any person to wilfully disturb, break,
deface, or damage any reclaimed water fire hydrant, reclaimed water meter, gate valve, water pipe
or other reclaimed waterworks appurtenance togetherwith the buildings, grounds and
improvements thereon belonging to or connected with the reclaimed water system of the city in any
manner whatsoever, including all reclaimed water features located at Cochrane Memorial Park. It is
unlawful for any person to open, close, turn or interfere with, or attempt to, or to connect with any
reclaimed water fire hydrant, valve, or pipe belonging to the city unless authorized by the city in
writing; provided, that this rule shall not apply tome mbers of the city department or such other fire
department duly authorized to operate fire hydrants while acting in such capacity.
It is unlawful for any person to throw refuse or any substance into any city reclaimed water
reservoir, feature or system or to throw any deleterious matter into or upon any part of the city's
reclaimed water treatment system, reclaimed water supply system or water reuse system,
including Cochrane Memorial Park.
E. Public. The use of reclaimed water by any person or entity in any manner in violation of this
chapter or of any user agreement issued hereunder is subject to prosecution for a misdemeanor.
F. Injunction. Whenever a discharge of wastes or use of reclaimed water is in violation orthreatens
to cause a violation of this chapter, the city attorney may seek injunctive relief as maybe
appropriate to enjoin such discharge or use.
G. User Agreement Revocation. In addition to any other statute or rule authorizing termination of
reclaimed water service, the city may revoke a reclaimed water user agreement issued hereunder if
a violation of any provision of this chapter isfound to exist or if a discharge of wastes or use of
reclaimed water causes orthreatens to cause violation of this chapter.
H. Penalty. Any owner and/or operatorwho violates this chapter shall, for each day of violation, or
portion thereof, be subject to a fine not exceeding$ 1,000. In addition, reclaimed water and potable
water service to the property may be discontinued. (Ord. 720 § 1, 2000; Ord. 684 § 8, 1999).
13.24.090 Annexation requirements.
A. Premises lyingwithin the Yelm urban growth area (UGA) shall annex to the City as a condition of
reclaimed water connection Alternately, the City may elect to defer annexation and require
execution of an agreement described in subsection B of this section
B. Premises not annexed as a condition of reclaimed water service may receive such service only
upon entering into an appropriate agreement with the City containing a waiver of protest to
annexation and/or a special irrevocable power of attorney authorizing annexation at such time as
the City determinesthe premises is to be annexed to the City.
1. Application fees as established bythe City Council must be paid upon the submittal of a signed
agreement requesting reclaimed water service for premises outside the City;
2. The cost of the reclaimed water extension must be borne in whole bythe applicant for such
services, subject to any provisions in effect at the time of connection for latecomer reimbursement:
3 The agreement may not be executed prior to the time formal application is made for approval of
the project for which utilities are requested The term of said agreement shallterm inate at the time
any oroiect application or approval expires or is revoked for any reason. A new agreement is
required for any extension of project applications or approvals orwhen in the opinion of the
Director of Public Services, a substantial change or addition is made to the project.
C. Following execution, such agreement must be recorded bythe City in the chain of title for such
premises in the records of the Thurston County Auditor
City of Ye!
IST. 1924
WASHl l N T6N
Meeting Date: August 13, 2024
CITY COUNCIL AGENDA ITEM SUMMARY
City ofVelm, Washington
AGENDA ITEM: PROFESSIONAL SERVICES AGREEMENT FOR CEMP/COOP PLAN
DEVELOPEMENT AND COMPLETION.
PROPOSED MOTION:
Motion to authorize Mayor De Pinto to sign the Professional Services Agreement which would
allow Erika Katt to develop and complete the City of Yelm's CEMP/COOP plan at the cost of
$15,000.
KEY FACTS AND INFORMATION SUMMARY:
The authorization of Mayor DePint's signature would allow Erika Katt to develop and complete
the City of Yelm's Comprehensive Emergency Management Plan. The Comprehensive
Emergency Management Plan is to guide city organizational behavior before, during, and after
a disaster. It develops and describes a comprehensive program that defines who does what,
when, where and how in order to mitigate, prepare for, respond to , and recover from the
effects of natural, technological and human caused hazards.
Erika Katt developed and completed the City of Yelm's CEMP/COOP plan in 2019 which is
reaching it's 5 year expiration date of December 31st, 2024. With the completion of the
updated plan, it would be good until December 31st, 2029.
Attachment:
Professional Services Agreement for CEMP/COOP plan
Respectfully Submitted:
a
Rob Carlson
Chief of Police
11Page
City of Yelm
POLICE DEPARTMENT
206 McKenzie Ave. SE Yelm, WA 48547-8831 • (360) 458-5701 • (360) 458-3188 fax
PROFESSIONAL SERVICES AGREEMENT FOR
CEMP/COOP Plan Development and Completion
This Professional Services Agreement ("Agreement") is made between the City of Yelm, a Washington municipal
corporation ("City"), and Erika Katt ("Contractor"). The City and Contractor (together "Parties") are located and do business
at the below addresses which shall be valid for any notice required under this Agreement:
ERIKA RENEE KATT
Erika Katt
2132 Little Hanaford Rd
Centralia. WA 98531
360-870-5353
Erika. katt�a,gmail.com
The Parties agree as follows:
CITY OF YELM
Rob Carlson
206 Mckenzie Ave SE
Yelm, WA 98597
360-458-5513
360-485-7301
robcia.velmwa._-ov
TERM. The term of this Agreement shall commence upon the effective date of this Agreement, which shall be the date of
mutual execution, and shall continue until the completion of the Work, but in any event no later than December 31, 2024
("Term"). This Agreement may be extended for additional periods of time upon the mutual written agreement of the City
and the Contractor.
SERVICES. The Contractor shall perform the services more specifically described in Exhibit "A", attached hereto and
incorporated by this reference ("Services"), in a manner consistent with the accepted professional practices for other similar
services within the Puget Sound region in effect at the time those services are performed, performed to the City's satisfaction,
within the time period prescribed by the City and pursuant to the direction of the Mayor or his or her designee. The
Contractor warrants that it has the requisite training, skill, and experience necessary to provide the Services and is
appropriately accredited and licensed by all applicable agencies and governmental entities, including but not limited to
obtaining a City of Yelm business registration. Services shall begin immediately upon the effective date of this Agreement.
Services shall be subject, at all times, to inspection by and approval of the City, but the making (or failure or delay in
making) such inspection or approval shall not relieve Contractor of responsibility for performance of the Services in
accordance with this Agreement, notwithstanding the City's knowledge of defective or non -complying performance, its
substantiality or the ease of its discovery.
TERMINATION. Either party may terminate this Agreement, with or without cause, upon providing the other party thirty
(30) days written notice at its address set forth above. The City may terminate this Agreement immediately if the Contractor
fails to maintain required insurance policies, breaches confidentiality, or materially violates Section 12; and such may result
in ineligibility for further City agreements.
City of Yelp) is an equal opportunity employer
City of Yelm
1Ci�J11C�1'�f�7�lE��C�1f►i�L�i��M
206 McKenzie Ave. SE Yelm, WA 98597-8831 • (360) 458-5701 • (360) 458-3188 fax
COMPENSATION.
4.1 Amount. In return for the Services, the City shall pay ° the Contractor an amount not to exceed a maximum
amount, according to a rate or method as delineated in Exhibit `B", attached hereto, and incorporated by this reference. The
Contractor agrees that any hourly or flat rate charged by it for its services contracted for herein shall remain locked at the
negotiated rate(s) for the Term. Except as otherwise provided in Exhibit "B", the Contractor shall be solely responsible for
the payment of any taxes imposed by any lawful jurisdiction as a result of the performance and payment of this Agreement.
4.2 Method of Payment. On a monthly basis, the City will pay the Contractor an equal amount, divided by the
entire agreed upon amount over a 5 -month period. This payment shall take place by the fifth of each month begriming
September 5, 2024 and commencing January 5, 2025. The City may withhold payment for such work until the work meets
the requirements of the Agreement.
4.3 Non -Appropriation of Funds. If sufficient funds are not appropriated or allocated for payment under this
agreement for any future fiscal period, the City will not be obligated to make payments for Services or amounts incurred
after the end of the current fiscal period, and this Agreement will terminate upon the completion of all remaining Services
for which funds are allocated. No penalty or expense shall accrue to the City in the event this provision applies.
INDEMNIFICATION AND INSURANCE REOUIREMI.XrS.
5.1 Contractor Indemnification. The Contractor agrees to release, indemnify, defend, and hold the City, its
elected officials, officers, employees, agents, representatives, insurers, attorneys, and volunteers harmless from any and all
claims, demands, actions, suits, causes of action, arbitrations, mediations, proceedings; judgments, awards, injuries,
damages, liabilities, taxes, losses, fines, fees, penalties expenses, attorney's fees, costs, an .or litigation expenses to or by
any and all persons or entities, including, without limitation, their respective agents, licensees, or representatives; arising
from, resulting from, or in connection with this Agreement or the acts, errors or omissions of the Contractor in performance
of this Agreement, except for that portion of the claims caused by the City's sole negligence. Should a court of competent
jurisdiction determine that this Agreement is subject to RCW 4.24.115, then, in the event of liability for damages arising
out of bodily injury to persons or damages to property caused by or resulting from the concurrent negligence of the
Contractor and the City, the Contractor's liability, including the duty and cost to defend, hereunder shall be only to the extent
of the Contractor's negligence. Contractor shall ensure that each sub -contractor shall agree to defend and indemnify the
City, its elected officials, officers, employees, agents, representatives, insurers, attorneys, and volunteers to the extent and
on the same terns and conditions as the Contractor pursuant to this paragraph. The City's inspection or acceptance of any
of Contractor's work when completed shall not be grounds to avoid any of these covenants of indemnification.
5.2 Industrial Insurance Act Waiver. It is specifically and expressly understood that the Contractor waives any
immunity that may be granted to it under the Washington State industrial insurance act, Title 51 RCW, solely for the
purposes of this indemnification. Contractor's indemnification shall not be limited in any tivay by any limitation on the
amount of damages, compensation or benefits payable to or by any third party under workers compensation acts, disability
benefit acts or any other benefits acts or programs. The Parties acknowledge that they have mutually negotiated this waiver.
City of Yelm is an equal opportunity omployor
City of Yelm
206 McKenzie Ave. SE Yelm, WA 98597-8831 • (360) 458-5701 • (360) 458-3188 fax
5.3 City Indemnification. The City agrees to release, indemnify, defend and hold the Contractor, its officers,
directors, shareholders, partners, employees, agents, representatives, and sub -contractors harmless from any and all claims,
demands, actions, suits, causes of action, arbitrations, mediations, proceedings, judgments, awards, injuries, damages,
liabilities, losses, fines, fees, penalties expenses, attorney's fees, costs, and/or litigation expenses to or by any and all persons
or entities, including without limitation, their respective agents, licensees, or representatives, arising from, resulting from
or connected with this Agreement to the extent solely caused by the negligent acts, errors, or omissions of the City.
5.4 Insurance - Assumption of Risk
5.4.1 Asa farther consideration in determining compensation amounts, the Consultant shall procure and maintain, during
the life of this Agreement, such insurance as shall protect Consultant under this Agreement from claims for
damages from bodily injury, including death, resulting therefrom as well as from claims for property damage
which may arise under this Agreement, whether arising from operations conducted by the Consultant, any
subcontractor, or anyone directly or indirectly employed by either of them.
5.4.2 Consultant agrees to defend, indemnify and hold barm less the City of Yelm, its appointed and elective officers and
its employees from and against any and all suits, claims, actions, losses, costs, penalties and damages of whatever
kind and nature, including attorney fees and costs by reason of any and all claims and demands on it, its officers
and employees, arising from the negligent acts, errors or omissions by the Consultant in the performance of the
Consultant's professional services.
CONFIDENTIALITY. All information regarding the City obtained by Contractor in performance of this Agreement shall
be considered confidential subject to applicable laws. Breach of confidentiality by the Contractor may be grounds for
immediate termination. The Contractor will safeguard all records submitted by the City to the Contractor. The Contractor
will fully cooperate with the City in identifying, assembling, and providing records in case of any public records disclosure
request.
WORK PRODUCT. All originals and copies of work product, including plans, sketches, layouts, designs, design
specifications, records, files, computer disks, magnetic media or material that may be produced or modified by Contractor
while performing the Work shall belong to the City upon delivery. The Contractor shall make such data, documents, and
files available to the City and shall deliver all needed or contracted for work product upon the City's request. At the
expiration or termination of this Agreement, all originals and copies of any such work product remaining in the possession
of Contractor shall be delivered to the City.
BOOKS AND RECORDS. The Contractor agrees to maintain books, records, and documents that sufficiently and properly
reflect all direct and indirect costs related to the performance of the Work and maintain such accounting procedures and
practices as may be deemed necessary by the City to assure proper accounting of all funds paid pursuant to this Agreement.
These records shall be subject, at all reasonable times, to inspection, review or audit by the City, its authorized
representative, the State Auditor, or other governmental officials authorized by law to monitor this Agreement.
INDEPENDENT CONTRACTOR. The Parties intend that the Contractor shall be an independent contractor and that the
Contractor has the ability to control and direct the performance and details of its work, the City being interested only in the
results obtained under this Agreement. The City shall be neither liable nor obligated to pay Contractor sick leave, vacation
pay or any other benefit of employment, nor to pay any social security or other tax that may arise as an incident of
employment. Contractor shall take all necessary precautions, shall be responsible for the safety of its employees, agents,
City of Yolrn is an equal opportunity employer
City of Yelm
POLICE DEPARTMENT
206 McKenzie Ave- SE Yelm, WA 98597-8831 • (360) 458-5701 • (360) 458-3188 fax
and subcontractors in the performance of the contract work, and shall utilize all protection necessary for that purpose. All
work shall be done at Contractor's own risk, and Contractor shall be responsible for any loss of or damage to materials,
tools, or other articles used or held for use in connection with the work. The Contractor shall pay all income and other taxes
due except as specifically provided in Section 4. Industrial or any other insurance that is purchased for the benefit of the
City, regardless of whether such may provide a secondary or incidental benefit to the Contractor, shall not be deemed to
convert this Agreement to an employment contract. If the Contractor is a sole proprietorship or if this Agreement is with an
individual, the Contractor agrees to notify, the City and complete any required form if the Contractor retired under a State
of Washington retirement system and agrees to indemnibi any losses the City may sustain through the Contractor`s failure
to do so.
CONFLICT Oh I N ER EST. It is recognized that Contractor may or will be performing professional services during the
Term for other parties; however, such performance of other services shall not conflict with or interfere with Contractor's
ability to perform the Services. Contractor agrees to resolve any such conflicts of interest in favor of the City. Contractor
confirms that Contractor does not have a business interest or a close family relationship with any City officer or employee
who was, is, or will be involved in the Contractor's selection, negotiation, drafting, signing, administration, or evaluating
the Contractor's performance.
EOUAL OPPORTUNITY EMPLOYER. In all services, programs, activities, hiring, and employment made possible by
or resulting from this Agreement or any subcontract, there shall be no discrimination by Contractor or its subcontractors of
any level, or any of those entities` employees, agents, subcontractors. or representatives against any person because of sex,
age (except minimum age and retirement provisions), race, color, religion, creed, national origin, marital status, or the
presence of any disability, including sensory, mental or physical handicaps. unless based upon a bona fide occupational
qualification in relationship to hiring and employment. This requirement shall apply,, but not be limited to the following:
employment, advertising, layoff or termination, rates of pay or other forms of compensation, and selection for training,
including apprenticeship. Contractor shall comply with and shall not violate any of the terms of Chapter 49.60 RCW, Title
VI of the Civil Rights Act of 1964, the Americans With Disabilities Act, Section 504 of the Rehabilitation Act of 1973, 49
CFR Part 21, 21.5 and 26, or any other applicable federal, state, or local law or regulation regarding non-discrimination.
GENERAL PROVISIONS.
12.1 I rntcrpi chi tion anti % oti i I i Lai ion. This Agreement, together with any attached Exhibits, contains all of the agreements
of the Parties with respect to any matter covered or mentioned in this Agreement and no prior statements or agreements,
whether oral or written, shall be effective for any purpose. Should any language in any Exhibits to this Agreement conflict
with any language in this Agreement. the terms of this Agreement shall prevail. The respective captions of the Sections of
this Agreement are inserted for convenience of reference only and shall not be deemed to modify or otherwise affect any of
the provisions of this Agreement. Any provision of this Agreement that is declared invalid, inoperative, null and void, or
illegal shall in no way affect or invalidate any other provision hereof and such other provisions shall remain in full force
and effect. Any act done by either Party prior to the effective date of the Agreement that is consistent with the authority of
the Agreement and compliant with the terms of the Agreement, is hereby ratified as having been performed under the
Agreement. No provision of this Agreement, including this provision, may be amended, waived, or modified except by
written agreement signed by duly authorized representatives of the Parties.
12.2 Assignment and Beneficiaries. Neither the Contractor nor the City shall have the right to transfer or assign, in whole
or in part, any or all of its obligations and rights hereunder without the prior written consent of the other Party. if the non -
City ofYelm is an equal opportunity employer
City of Yelm
POLICE DEPARTMENT
206 McKenzie Ave. SE Yelm, WA 98597-8831 • (360) 458-5701 • (360) 458-3188 fax
assigning party gives its consent to any assignment, the terms of this Agreement shall continue in full force and effect and
no further assignment shall be made without additional written consent. Subject to the foregoing, the rights and obligations
of the Parties shall inure to the benefit of and be binding upon their respective successors in interest, heirs and assigns. This
Agreement is made and entered into for the sole protection and benefit of the Parties hereto. No other person or entity shall
have any right of action or interest in this Agreement based on any provision set forth herein.
12.3 (nnnli,in" cilli I ,m , The Contractor shall comply with and perform the Services in accordance with all
applicable federal, state, local, and city laws including, without limitation, all City codes, ordinances, resolutions,
regulations, rules.. standards and policies, as now existing or hereafter amended, adopted, or made effective. If a violation
of the City's Ethics Resolution No. 91-54, as amended, occurs because of the formation or performance of this Agreement,
this Agreement may be rendered null and void, at the City's option.
12.4 Enforcement. Time is of the essence of this Agreement and each and all of its provisions in which performance is
a factor. Adherence to completion dates set forth in the description of the Services is essential to the Contractor's
performance of this Agreement. Any notices required to be given by the Parties shall be delivered at the addresses set forth
at the beginning of this Agreement. Any notices may be delivered personally to the addressee of the notice or may be
deposited in the United States mail, postage prepaid, to the address set forth above. Any notice so posted in the United States
mail shall be deemed received three (3) days after the date of mailing. Any remedies provided for under the terms of this
Agreement are not intended to be exclusive, but shall be cumulative with all other remedies available to the City at law, in
equity or by statute. The failure of the City to insist upon strict performance of any of the covenants and agreements
contained in this Agreement, or to exercise any option conferred by this Agreement in one or more instances shall not be
construed to be a waiver or relinquishment of those covenants, agreements or options, and the same shall be and remain in
full force and effect. Failure or delay of the City to declare any breach or default immediately upon occurrence shall not
waive such breach or default. Failure of the City to declare one breach or default does not act as a waiver of the City's right
to declare another breach or default. This Agreement shall be made in, governed by, and interpreted in accordance with the
laws of the State of Washington. If the Parties are unable to settle any dispute, difference or claim arising from this
Agreement, the exclusive means of resolving that dispute, difference, or claim, shall be by filing suit under the venue, rules
and jurisdiction of the Thurston County Superior Court, Thurston County, Washington, unless the parties agree in writing
to an alternative process. If the Thurston County Superior Court does not have jurisdiction over such a suit, then suit may
be filed in any other appropriate court in Thurston County, Washington. Each party consents to the personal jurisdiction of
the state and federal courts in Thurston County, Washington and waives any objection that such courts are an inconvenient
forum. If either Party brings any claim or lawsuit arising from this Agreement, each Party shall pay all its legal costs and
attorney's fees and expenses incurred in defending or bringing such claim or lawsuit, including all appeals, in addition to
any other recovery or award provided by law; provided, however, however nothing in this paragraph shall be construed to
limit the Parties' rights to indemnification under Section 5 of this Agreement.
12.5 Execution. Each individual executing this Agreement on behalf of the City and Contractor represents and warrants
that such individual is duly authorized to execute and deliver this Agreement. 'This Agreement may be executed in any
number of counterparts, each of which shall be deemed an original and with the same effect as if all Parties hereto had
signed the same document. All such counterparts shall be construed together and shall constitute one instrument, but in
City of Ya ; an equal opportunity employer
City of Yelm
POLICE DEPARTMENT
206 McKenzie Ave. SE Yelm, WA 98597-8831 • (360) 458-5701 • (360) 458-3188 fax
making proof, hereof it shall only be necessary to produce one such counterpart. The signature and acknowledgment pages
from such counterparts may be assembled together to form a single instrument comprised of all pages of this Agreement
and a complete set of all signature and acknowledgment pages. The date upon which the last of all the Parties have executed
a counterpart of this Agreement shall be the "date of mutual execution" hereof.
3. Business License and B&O Taxes.
The Contractor shall obtain a City of Yelm Business License prior to execution of this agreement and shall maintain such
Business License throughout the terms of this agreement. The Contractor shall also file and pay any B&O Taxes due from
income earned while performing for the City of Yelm.
[Signature page follows]
City of Yelm is an equal opportunity employer
City of Yelm
POLICE DEPARTMENT
206 McKenzie Ave. SE Yelm, WA 98597-8831 • (360) 458-5701 • (360) 458-3188 fax
IN WITNESS, the Parties execute this Agreement below, effective the last date written below.
CITY OF YELM
ATTEST:
Joe DePinto, Mayor
City Clerk, Kathy Linnemeyer
DATE:
APPROVED AS TO FORM:
City Attorney, Brent Dille
ERIKA RENEE KATT
By:
Printed Name:
Title:
Date:
Individual:
STATE OF WASHINGTON)
) ss.
COUNTY OF }
On this day personally appeared before me, to me known to be
the individual described in and who executed the foregoing instrument, and on oath swore that he/she/they
executed the foregoing instrument as his/her/their free and voluntary act and deed for the uses and purposes
therein mentioned.
GIVEN my hand and official seal this day of 120
(typed/printed name of notary)
Notary Public in and for the State of Washington.
My commission expires
City of Yelm is an equal opportunity employer
City of Yelm
POLICE DEPARTMENT
206 McKenzie Ave. SE Yelm, WA 98597-8831 • (360) 458-5101 • (360) 458-3188 fax
EXHIBIT "A"
SERVICES
The Contractor shall do or provide the following:
The contractor will be finishing the City of Yelm CEMP (Comprehensive Emergency Management Plan), and
have it approved by State Emergency Operations Center (SEOC), by December 31, 2024. In addition,
Contractor will also complete the City of Yelm COOP (Continuity of Operations Plan) in conjunction with the
CEMP. Contractor will work closely with the SEOC through this process, assuring that the City of Yelm
CEMP/COOP plans are being developed and completed to the highest of standards set by the SEOC.
2. Required Deliverables:
The finished product, due on December 31, 2024, will be a final and approved CEMP for the City of Yelm. In
addition, the plan will also include a finished COOP written for the city of Yelm.
City of Yelm is an equal opportunity employer
City of Yelm
POLICE DEPARTMENT
206 McKenzie Ave. SE Yelm, WA 98597-8831 • (360) 458-5701 • (360) 458-3188 fax
EXHIBIT "B"
COMPENSATION
1. Total Compensation: In return for the Services, the City shall pay the Contractor an amount not to
exceed $15,000.00 (Fifteen thousand dollars)
2. Method of Compensation: The City of Yelm shall pay the Contractor an equal amount over a 5 month
period that will total the agreed upon $15,000.00. Beginning September 5, 2024 and commencing January 5,
2025 the city shall pay $3,000 to the contractor. Actual work period will be from August 1, 2024 to December
31, 2024.
City of Yelm is an equal opportunity employer
City ®f Yelm
EST 1114
WASHINGTON
Meeting Date: 13 August 2024
CITY COUNCIL AGENDA ITEM SUMMARY
City of Yelm, Washington
AGENDA ITEM: RESOLUTION NO. 648
PROPOSED MOTION:
Move to approve Resolution No. 648 declaring city -owned property surplus and allowing the
sale thereof.
KEY FACTS AND INFORMATION SUMMARY:
Six city owned vehicles are beyond their usable life. The money from the sale of these vehicles
will be used to lower the costs of new and replacement vehicle purchases.
ATTACHMENTS:
• Resolution No. 648
Respectfully Submitted:
Dean Norton
Operations Manager
11 Page
Resolution NO. 648
A RESOLUTION OF THE CITY OF YELM, WASHINGTON TO DECLARE SURPLUS CERTAIN
CITY -OWNED PROPERTY AND ORDERING THE SALE THEREOF
WHEREAS, the City of Yelm intends to surplus and sell said property listed on
ATTACHEMENTA through Enterprise Fleet Management Services and Sourcewell, and
WHEREAS, RCW 39.33.010 allows the Cityto surplus real propertythat is deemed
no longer useful to the City,
NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of Yelm,
Washington, having fully considered the proposition, finds that said City -owned Vehicles
are not required for City purposes and that the public will benefit by declaring said vehicles
surplus pursuant to RCW 39.33.010
Approved this 13 day of August, 2024
Joe DePinto, Mayor
Attest:
Kathy Linnemeyer, City Clerk
EXHIBITA
VIN #
YEAR
MAKE
MODEL
DEPT.
MILEAGE
1FT7X2A64KED54666
2019
FORD
F-250
WATER
33,919
1C6RR6FG7HS765248
2017
RAM
1500
PARKS
28,848
1FTRF12W19KB36068
2009
FORD
F-150
PARKS
32,181
1 FTFX1 EF4EKE10949
2014
FORD
F-150
STREETS
21,272
1 FTES1 E51 KKE52350
2019
FORD
F-150
WATER
34,143
1GCEC19C17Z570045
2007
CHEVROLET
1500
PARKS
53,960
SPEAKERS CARD
DATE:
NAME:Gl�1'1YY1
I am a resident of (a) the City of Yelm
)Thurston County
(please circle one)
residing
I wish to comment on —44 � t J
.....___ ........
(Subject)
SPEAKERS CARD
DATE;
NAME:
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T urston County
(please circle one)
residing
I wish to comment on 6 VK c3e Vl t D' /,
(Subject)