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Home My WebLink About2015-005 Water Utilities Municipal Code Changes; YMC Amendment 7.68.095 ORDINANCE NO. 2015 -005 AN ORDINANCE relating to water utility service ownership; clarifying the type of water utility lines, meters, equipment and fixtures owned by the City and specifically barring non -city personnel from tampering with, modifying, connecting into or using City -owned water utility lines, meters, equipment and fixtures, and amending Section 7.68.095 of the City of Yakima Municipal Code. WHEREAS, the City Council has previously adopted ordinances establishing ownership and operation of city water and irrigation utility services, water lines, property, meters and fixtures, all as codified at Chapter 7.68 YMC; and WHEREAS, the current provisions of YMC 7.68.095 state that ownership of all city water /irrigation "main extensions, service pipes and appurtenances" is vested in the city, but do not clearly state that no person may modify, tamper with, access or use such city -owned facilities without the city's prior written authorization and permission; and WHEREAS, the City Council finds and determines that YMC 7.68.095 should be amended to clarify the scope of city -owned water utility main lines, service pipes and appurtenances, and to specifically provide that no person may modify, tamper with, access or use such city -owned facilities without prior written authorization and permission of the city; and WHEREAS, the City Council finds and determines that such amendment is in the best interests of residents of the City of Yakima and the public water /irrigation utility and will promote the general health, safety and welfare; now, therefore BE IT ORDAINED BY THE CITY OF YAKIMA: Section 1. Section 7.68.095 of the City of Yakima Municipal Code is hereby amended to read as follows: 7.68.095 Ownership of water mains, meters, extensions, service pipes, appurtenances and fixtures — No tampering, access or modification without prior city authorization. The ownership of all water mains, extensions, service pipes, fixtures and appurtenant equipment, including but not limited to water meters, maintained by the water /irrigation division shall be vested in the city of Yakima, and in no case shall the owner of any premises have the right to claim or reclaim any part thereof. No person, firm or corporation shall use, operate, modify or tamper with, access, or connect to water mains, service pipes, appurtenant equipment or fixtures, including but not limited to water meters, owned and maintained by the city of Yakima, without prior specific written authorization and permission of the water /irrigation division of the city. In case of privately owned mains and services and where there is no responsible organization or individuals as owners of such mains and services, work done as an accommodation shall not place ownership in the city of Yakima. Section 2. This ordinance shall be in full force and effect 30 days after its passage, approval, and publication as provided by law and by the City Charter. PASSED BY THE CITY COUNCIL, signed and approved this 17 day of February, 2015. ATTEST: Micah Cawle , Mayor \ 122_,Q____,..--• t ai.0 ` Clerk " .,: • , +., ' xi ti * w ,4 Publication Date: February 20, 2015 ' ti; . `� Effective Date: March 22, 2015 • BUSINESS OF THE CITY COUNCIL YAKIMA, WASHINGTON AGENDA STATEMENT Item No. 5.E. For Meeting of: February 17, 2015 ITEM TITLE: Ordinance relating to water utility service ownership; clarifying the type of water utility lines, meters, equipment and fixtures owned by the City and specifically barring non -city personnel from tampering with, modifying, connecting into or using City - owned water utility lines, meters, equipment and fixtures, and amending Section 7.68.095 of the City of Yakima Municipal Code SUBMITTED BY: Debbie Cook, Director Utilities and Engineering David Brown, Water /Irrigation Manager, 575 -6204 SUMMARY EXPLANATION: Over the last few months individuals have been illegally accessing the City -owned and operated drinking water system. In most cases we have asked them to stop and they have stopped, however, we determined it was necessary to have a clear policy that is derived from the Yakima Municipal Code with a provision fora penalty when warranted. The attached amendment to the code provides that direction with the penalty provisions already contained in the code. Resolution: Ordinance: X Other (Specify): Contract Contract Term: Start Date: End Date: Item Budgeted: NA Amount: Funding Source/Fiscal Impact: Strategic Priority: Improve the Built Environment Insurance Required? No Mail to: Phone: City Manager APPROVED FOR SUBMITTAL: An RECOMMENDATION: Pass Ordinance ATTACHMENTS: Description Upload Date Type ❑ Red Line Ordinance 2/3/2015 Ordinance ❑ Clean Ordinance 2/3/2015 Ordinance ORDINANCE NO. 2015 - AN ORDINANCE relating to water utility service ownership; clarifying the type of water utility lines, meters, equipment and fixtures owned by the City and specifically barring non -city personnel from tampering with, modifying, connecting into or using City -owned water utility lines, meters, equipment and fixtures, and amending Section 7.68.095 of the City of Yakima Municipal Code. WHEREAS, the City Council has previously adopted ordinances establishing ownership and operation of city water and irrigation utility services, water lines, property, meters and fixtures, all as codified at Chapter 7.68 YMC; and WHEREAS, the current provisions of YMC 7.68.095 state that ownership of all city water /irrigation "main extensions, service pipes and appurtenances" is vested in the city, but do not clearly state that no person may modify, tamper with, access or use such city -owned facilities without the city's prior written authorization and permission; and WHEREAS, the City Council finds and determines that YMC 7.68.095 should be amended to clarify the scope of city -owned water utility main lines, service pipes and appurtenances, and to specifically provide that no person may modify, tamper with, access or use such city -owned facilities without prior written authorization and permission of the city; and WHEREAS, the City Council finds and determines that such amendment is in the best interests of residents of the City of Yakima and the public water /irrigation utility and will promote the general health, safety and welfare; now, therefore BE IT ORDAINED BY THE CITY OF YAKIMA: Section 1. Section 7.68.095 of the City of Yakima Municipal Code is hereby amended to read as follows: 7.68.095 Ownership of water mains, meters, extensions = - an4 service pipes, appurtenances and fixtures — No tampering, access or modification without prior city authorization. The ownership of all water mains extensions, service pipes, fixtures and appurtenant equipment, including but not limited to water meters, maintained by the water /irrigation division shall be vested in the city of Yakima, and in no case shall the owner of any premises have the right to claim or reclaim any part thereof. No person, firm or corporation shall use, operate, modify or tamper with, access, or connect to water mains, service pipes, -er appurtenant equipment or fixtures, including but not limited to water meters, owned and maintained and vostod by the city of Yakima, without prior specific written authorization and permission of the water /irrigation division of the city. In case of privately owned mains and services and where there is no responsible organization or individuals as owners of such mains and services, work done as an accommodation shall riot place ownership in the city of Yakima. Section 2. This ordinance shall be in full force and effect 30 days after its passage, approval, and publication as provided by law and by the City Charter. PASSED BY THE CITY COUNCIL, signed and approved this day of , 2015. ATTEST: Micah Cawley, Mayor City Clerk Publication Date: Effective Date: