Ordinance No. 1119 - Amending CH 13.03.330 Water System Annexation RequirementsCITY 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 THE 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 13th day of August 2024.
ATTEST:
Kat y Linnem yer, City Clerk
PUBLISHED: M 1aqz-)H
EFFECTIVE DATE: 6%j F-61c�y
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:
SEE ATTACHMENT `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/or sewer 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
(Owner)
BY: BY:
(Signature)
(Title)
ITS:
Page 2 of 3
CITY OF YELM
(Signature)
(Title)
STATE OF WASHINGTON )
) ss
COUNTY OF THURSTON )
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 OF THURSTON )
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:
7.3 UIM—RegaettionsgeneTally.
13.04.020—efi nition s
13.04.025 Usa-qf muniia4m W410j.
13 04,_030 S TyieE_typea_ efined,
13.04.040 Co nprehensive_plan,
13 04 050 f?esign_standards.
%3 -04 -0 -60 ---Ownership of mains and service connections.
13.04.070 Abandonme.nt.of_asnnerVon,.
13,04.080 Administration_amdenf_orcemerLt.
13.04.090 InspecticnoftLremiaes
13.04.095_ maging or interfering with water system
t"A,09fL--Wgasting-watatV hi itt'd.
13,044.097 Wateashortage-PrO-vM0.0s.
13.b4.10Q ServiCe�Anpii=i0n.
13.04.110 Service-ConneFtign Czeneralreduitorn n1%
13..44.115 _Expired.
13.04.120 Service-Connection-Systemsieveloprne.nt_chargeandmetercharge.
1x.04.110 Service-Connectio_O—T_emporar.y.
1304140 Service -Connection -Master meter.
-t&OA 1,5Q -Co structtsln Cost assessment,
1-104--U-LConstructi0n_ciwrge paymen#,
13 04 170 Substandard mains.
13 04 180 Service -Connection _- Installation of main.
>3.0AJ21�7ain extenlsi_pn charge.
13 04 200 Water meters,
13.04.210 Service -Reconnection,
13,Q4.220 Cross-connection-anicLbaoJMA w-p-ontroiw-ogr-m,
13 04 230 Unauth ZOJC turn-on.
13.04.240 Turn-off fees
1-3—W-ate.r_consumoti4nCates,
.t3<0A.Z5 _Acljus_trneni9fYtil[ty bills.
13&C2&Q-ispe.it"
13 04 265 Sprinkling du ring fres,pt0M. be-(L
13 04 270 Servi&m.
13.04.280 _51111iAg_and oeyLnent_s
13.04.2$S�1 SiLcontras
13 04.290 N9_upayment of charges,
13. . QQ Repe&!_eA
13.04.310 Repezilesd..
13.04.315 System deyelont gnt charge and meter oharge waiver and deferral- Established.
13,09.329_.Bam r€riu fflPns ar Am—stemslAn"Off
- Ap l-D ICBtio-n-Rcocedur_e.
13 04.33Q Ann=diQnLnQ;Aiiem_emAs.
13,09M—�BAWons-Pen liLtles
*Prior legislation: Ord. 166 as amended by Ords. 183, 195, 205, 262, 273 and 331.
For statutory authority for towns to provide for water supplies and to control, regulate and manage
the same, see RCW 3521.210 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" means the 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" means the professional engineer regularly employed or retained by the city.
C. "Commercial water service" means water service provided to premises utilized for business or
industrial purposes.
D. "Consumer" means an individual dwelling unit or individual business which receives water
through an individual meter or master meter.
E. "Council" means the city council of the city of Yetm.
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 control with 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" means the 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 betowthe
median income as established by the city.
N. "Service connection" means that portion of the city water supply system connectingthe supply
system on the premises to the city 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
property tine. "Service connection" includes connections forfire protection as well as for domestic,
commercial and industrial uses.
O. "Standard or permanent mains" means mains which conform to the standard specifications of
the city with respect to materials and minimum diameters.
P. "Standard specifications" means the 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 retailwater 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 priorto 1992 when the
nearest water and sewer mains are located over 200 feetfrom 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 Ye[m 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 exempt wells abandoned pursuant to
subsection B of this section accordingto RCW 90.44.105.
D. It shall be unlawful for any person to construct a newwell on any propertywhich contained a
wet[ 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 by the 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 necessary valves 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 necessaryva[ves and appurtenances.
C. "Pretapped and preplumbed service" means performance by the city of the following: placement
of the meter in the meteryoke.
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 shalt 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 by the 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 atthe 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 sate, 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 fittings from the meter to his premises. No alteration shall be made to
any connection nor shall any connection be made to the city water system without the approval of
the superintendent. All connections or alterations shall be made by the city water department or by
contract supervised by the 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 for when 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 be the same as identified in YMC .13 04.ta. (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 by the city water system may be
discontinued for any violation 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 for the duration of such noncompliance. (Ord. 778 g 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 by the city water system forthe purpose of
ascertaining conformity to this chapter. (Ord. 337, 1987).
13.04.095 Damaging or interfering with water system.
It is unlawful for any person to wilfully disturb, break, deface, or damage anyfire hydrant, water
meter, gate valve, water pipe or other waterworks appurtenance together with the buildings,
grounds and improvements thereon belongingto or connected with the water system of the city in
any manner whatsoever.
It is unlawful for any person to open, close, turn or interfere with, or attempt to, orto connect with
any fire hydrant, valve, or pipe belonging to the city unless authorized by the superintendent in
writing; provided, that this rule shall not apply to members 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 reservoir orto throw any
deleterious matter in or upon any part of the city's watershed or water supply system. (Ord. 337,
1987).
13.04.096 Wasting water prohibited.
It is unlawful for any person to allow water to be wasted at any point beyond the curb -cock or meter
by imperfect, faulty or leaking stop -cocks, valves, pipes, closets, faucets or other fixtures and
appliances or to use water closets without self-closing valves or to allow any fixtures or appliances
to run open for lack of repairs, to permit freezing or to use water for any other purpose other than
that set forth in the application upon which charges for water 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 restricting the use of water for irrigation or sprinkling or any other
nonessential outside usage. (Ord. 778 § 4, 2003).
13.04.100 Service—Application.
A. All applications for water service shalt 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 by the owner of the property to be furnished, or by its
authorized agent, and the applicant shalt 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 shalt 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 forthe 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 extendingfrom 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 by the city at the expense of the property owner, which
shalt be the prevailing cost of such installation at the time thereof. In case of replacement of new
service, no service smatlerthan three-fourths inch shalt be installed.
D. Att 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. At[ persons connecting to the water system of the city shalt 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
tines shalt be and remain with the city.
1. The system development charge shalt be $5,036 per equivalent residential unit as calculated in
subsection C of this section. The system development charge shalt 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 shalt be as follows:
Meter
Size
Regular*
Duplex*
Pretapped
and
Preplumbed
5f8 x
314"
$600.00
$750.00
$300.00
1"
760.00
985.00
400.00
1-1 J2"
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 property to be
served which is not more than 50 feet distant from the water main. Where the water meter site ties
more than 50 feet distant from the water main, the charge set forth above shall be increased by
$25.00 for each additional foot of service tine required.
B. A charge for street crossings will be added to the above fees as determined by the city.
C. "Equivalent residential unit (ERU)" means the unit of measurement determined by that 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
ERUsiunit
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 for each 875 cubic feet
or less of water consumed per month.
4. A water capital improvementfund 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 soletyfor the 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 apply when the meter is active and ready for use, regardless
of consumption during this period. The meter will be read and billed on a monthly basis and
charged according to the established water rates as set by the city council. Irrigation meters shall
be locked by the 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 by the 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 shalt 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 forwater service underthe provisions of this section shall be made on the forms
furnished bythe 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 entityto be responsible forthe
service and connection charges, the circumstances precluding service by individual meters and
such other information as the council may deem necessary.
C. Detailed plans of all community water systems to be served by a master meter, and all
modifications thereof, shall, prior to connection, be submitted for review by the 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 or traditional meter serving as a master meter and shall include for each account the
following monthly fees:
1. One service fee corresponding to the size of the master meter from the monthly base rate
charges table in YMC J -3-0-4.25-0(A), shalt be applied monthly to 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 by the master meter. The monthly fee shalt be applied at the rate
charged for the smallest diameter water tine listed in the base rate table in YMC 13.04.250(A); and
3. Water use charges shat[ be applied to the registered consumption or usage amount for each
master meter from the monthly consumption charges table in YMC 13.04.250(8). (Ord. 832 § 1,
2005; Ord. 778 § 8, 2003; Ord. 337, 1987).
13.04.150 Construction cost assessment.
A. Each premises to be served by the 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
whether the 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 pay the 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 forth e 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 a5,92 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 by the owner(s) of the premises so served shalt be determined by
the council on the advice of the city engineer based upon the actual costs for design of the
necessary material, tabor and equipment required, and in accordance with current practices and
the comprehensive water plan, based upon the acreage or front 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 shalt 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. 2 units 1" meter
3. 3-10units 1-112" meter
4. 11 -20 units 2" meter
B. All requests for service to more than 20 units through a single meter shalt be subject to approval
by the 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 desiring to 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 a new 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 protectthe health of the user and the potability of the water in the
water system, by requiring the 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 removing the
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 24$=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 following terms 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 verticatlyfrom the overflow rim of the
receiving vessel.
2. "Approved backflow prevention assembly" means an assembly which has been approved by the
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 assembtytester" 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
water which may render the water nonpotable, according to Washington State regulations.
9. "Cross -connection" means any Link or channel between pipingwhich carries potable drinking
water and the piping fixtures which carry nonpotable water or other substances.
10. "Cross -connection control program" means a program included in the overaltwater
comprehensive plan which fulfills the requirements of the state of Washington cross -connection
regulations and is approved by the city ofYelm.
11. "Cross -connection specialist" means an individual certified by the state of Washington and
approved by the city of Yetm 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 check valve assembly" means an assembly of two independently acting check valves
with a shut-off valve on each side of the two checkvalves. The assembly also has test 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 check valve assembly
with the addition of a water meter and an additional double check valve 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 for the purpose of evaluating the hazards to the drinking water supply.
17. "Owner" means any person who has legal title 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 check valve 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 water tightness of the check valve. Backflow prevention assemblies must be approved
for installation in Washington State.
19. "Reduced pressure backflow prevention assembly (RP)" means an assembly for preventing
backflow incorporating two check valves, a differential relief valve located between the two check
valves, two shut-off valves, one on each end of the assembly, test ports for checking water
tightness of the check valves and the operation of the relief valve. Backflow prevention assemblies
must be approved for installation in Washington State.
20. "Reduced pressure detector assembly (RPD)" means the same as RP assemblywith the
addition of a water meter and an additional RP assembly bypassingthe main tine assembly forthe
purpose of measuring low or proportional flow. Backflow prevention assemblies must be approved
for installation in Washington State.
21. "Safe drinkingwater (potable water)" means waterwhich has sufficiently low concentrations of
microbiological, inorganic chemical, organic chemical, radiological or physical substances so that
individuals drinking water 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 generally found in drinking
water does not present unreasonable risks to health, but does adversely affect taste, odor, and
color.
23. "Service connection" means the point of delivery of water at or near the property tine, 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 city will 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 check valve will be required on any new construction.
4. For premises existing prior to the start of this program, the city will perform evaluations and
inspections of plans or premises and inform the owner by letter of any corrective action deemed
necessary, the method of achieving the correction, and the time allowed forthe correction to be
made.
Premises will be inspected on or after the expiration date of required action to correct a cross-
connection. Premises failing to comply with the city's request shalL receive written notice that water
service to the premises will be terminated within a period notto exceed 30 calendar days. In the
event the owner informs the city of extenuating circumstances as to why the correction has not
been completed, the city may grant a time extension up to 30 days.
S. The city wilt 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 regularly tested to ensure
satisfactory operation.
6. If the city determines at anytime 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 initiattest report, as well as annual testing
reports completed by a certified backflow assembly tester.
8. When the initial installation or annualtest identifies an improperly operating backflow device, the
owner shall correct the malfunction as directed by the 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 letter from the city, shall, at their own expense, install any
and alt backflow preventors requested.
2. The owner shall correct any malfunction of the backflow preventorwhich is revealed by periodic
city testing.
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
access to inspect facilities shalt be grounds fortermination of water service.
7. The owner shall be responsible for the payment of all fees 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 water to the premises. Discontinuance of the city
potable water supply to the premises shall remain in effect until corrective action as required by the
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 cityto inspect and test. Devices that cannot be easily and readily inspected shall be
required to be relocated and replumbed as required by the city. The owner shalt 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 by the 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 by the water department, water service may
again be turned off by the 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 regutarworking hours shalt 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
518 inch (Typical Residential)
$37.84
1 inch
$94.61
2021-2022 Rate Table
Meter Size
Meter Charge
1-112 inch
$189.20
2 inch
$302.72
3 inch
$605.45
4 inch
$946.01
6 inch
$946.01
518 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
01-1,500
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 during the 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 Lathe city water distribution system shall pay the 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 actual fire control. If the consumer is found using
waterthrough an unmetered specialfire or sprinkler service connection for other than 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 shalt 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 shalt be made atthe 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 bitting 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 review the bit[ with the customerto see if the amount is
justly owed. The customer shall have the right to have a meeting to 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 water which is more than double the average amount of water used on such premises in similar
bitting 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 writing for a
reduction of the bitting.
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 by the 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 bill to an amountthat is the
average of the prior four months plus one-half of the difference between the average and the
existing disputed bill.
2. The reduction provided for in this section shalt 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 leaky faucets or other plumbingfixtures.
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 wilt be based upon the charges for a similar type of water service and occupancy for
the precedingyear.
E. The application bythe customer shall be on the forms provided by the city. (Ord. 809 § 1, 2004).
13.04.260 Fire hydrants.
Repeated by Ord. 778. (Ord. 337, 1987).
13.04.265 Sprinkling during fires prohibited.
It is unlawful for any person to knowingly use waterfor a lawn or garden sprinkling or irrigating
purposes on any premises duringthe progress of afire or disasterwithin the city water 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 for water atthe address listed on
their application. (Ord. 897 § 1, 2008).
13.04.280 Billing and payments.
Monthly statements of charges for 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. Statements shall cover service charges forthe
period shown thereon and the water consumption charges from the meter reading for the 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. Notwithstanding the foregoing, the
department is under no obligation to enter into any installment plan with any customer who 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 by the customer.
C. A deferral shall:
1. Be on such terms and may include such security (including recorded restrictive covenant or
other security) as determined by the 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 full with 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 shalt not be compounded. (Ord. 1025 g 1, 2017)
13.04.290 Nonpayment of charges.
A. Water service terminated for nonpayment shalt not be restored to the nonpaying occupant until
at[ 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 shalt 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 bit[ the owner for each of the designated units separately. Liabilityfor all bills to rental units
shalt be joint and several between the tenant, the owner of the premises, and any other party
identified on the original service request.
C. The city treasurer or authorized representative shall have the authorityto refer delinquent
accounts of the citywater utility and refuse collection system to an agency for 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 by the treasurer that the account
is uncollectible and is not referable to a collection agency. The city may also elect to referthe
matter to counsel for collection through an appropriate civil action. In either event, all costs of
collection shall be paid by the defaulting party. (Ord. 897 g 1, 2008; Ord. 778 g 17, 2003; Ord. 566
§ 2, 1995).
13.04.300 Rate reduction— Established.
Repeated by Ord. 1024. (Ord. 337, 1987).
13.04.310 Rate reduction — Eligibility.
Repealed by Ord. 1024. (Ord. 868 § 2,2007; Ord. 512 g 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 by YMC 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 attorney to 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 by the city attorney to be
recorded with the Thurston County auditor requiring the 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 by the city administrator if a
business with high water usage of more than three equivalent residential units can showthatthe
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 by the finance director.
4. Include an administrative fee to cover the cost of administration of the contract, as established
bythe finance director. (Ord. 1026 g 3, 2018; Ord. 979 5 1, 2013).
13.04.320 Rate reductions and system development and meter charges waiver and deferrals —
Application procedure.
To qualify for 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) shall file 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 1_3,Q4_3_1_Q or 13.94. 5 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. (Ord. 979 § 2, 2013; Ord. 337, 1987).
13.04.330 Annexation requirements.
A, Premises lying within the Yelm urban growth area (UGA) shall annex- othe Gity_as a condition— f
renlaimed_.water connection, Alternately, the Qty -may. eteot to -defer-annexation---and require
execution of_in agreement described in subsection B of this section.
B. Premises not_annexed.as..a coulditign_QErecla.inted 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 attoroeyauthorizing_annexat on.atsuchtime 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 suhmittal_of a
signed agre_e_m_ent 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 agreemnent may not be executed priorto thetime 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 protect application_ or approval expires oris [evoked for any reason. A new
agreement is required for any extension_of_project_applioations or approvals or when in the
opinion of the_plroawr-of Public Services, a substantial change or addition is. .made bo the
project..
Following exec.ution,such agreement must be recorded bythe City i.n the Chain of title for such
premises in the ec�PTfiurston County Auditor.
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13.04.340 Violations - Penalties.
A. Civil Penalties
1. Any person who shalt violate any provision of this chapter shalt 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 toss,
damage, expense, cost of inspection or cost of correction, including necessary reasonable
attorney's fees and court costs.
2. Any person who shalt 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).
ty
EST. 1924
WASHINGTON
Meeting Date: 0811012024
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 will address and accommodate the requirements for extending water servicesto these areas.
ATTACHMENTS:
ORDINANCE NO. 1119
SPECIAL IRREVOCABLE POWER OF ATTORNEY AND WAIVER OF ANNEXATION
YMC Chapter 13.04 Track Changes
Respectfully Submitted:
Reza R. Roukerd
Civil Review Engineer
1IPage