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Home My WebLink About08/05/2019 06H Water Division Bulk Water Use; YMC Amendment 7.68.251 to\'4\lyy tbxk ik 1 PPP +� PPP d g. P A PP g 1 d PPi ittYlltYlt.\ta. BUSINESS OF THE CITY COUNCIL YAKIMA, WASHINGTON AGENDA STATEMENT Item No. 6.H. For Meeting of:August 5, 2019 ITEM TITLE: Ordinance amending the Water Division Bulk Water Use Yakima Municipal Code Section 7.68.251 SUBMITTED BY: David Brown, Water/Irrigation Manager, 509-575-6204 Scott Schafer, Public Works Director SUMMARY EXPLANATION: The Water/Irrigation Division rents water meters to the public so they might temporarily obtain water from a fire hydrant for many uses like construction activities or fundraising car wash events. Over the last few years we have had contractors keeping meters for a year or more, even when not in use. This has presented several issues: • Meters not being available for rent • Meters being damaged • Meters getting out of calibration • Lost meters Revisions to the Yakima Municipal Code includes changes to the Title of the Section to more accurately reflect the purpose of the Section, limits the rental period to 30 days, increases the rental fee and establishes a late fee if not returned within 30 days. Having the meters returned every 30 days or less allows the Water Division to keep track of water use more closely, assist in making sure there is no unlawful use of water, insures meters are not damaged and calibration stays current. ITEM BUDGETED: NA STRATEGIC PRIORITY: Public Trust and Accountability APPROVED FOR SUBMITTAL: fr City Manager STAFF RECOMMENDATION: 2 Pass Ordinance BOARD/COMMITTEE RECOMMENDATION: ATTACHMENTS: Description Upload Date Type D Redlire Ordinance 71812019 Ordnance D Clean ordnance 7/8/2019 Ordnance 3 ORDINANCE NO. 2019- AN ORDINANCE amending Yakima Municipal Code section 7.68.251: Bulk Rate. WHEREAS, RCW 35.92.010 authorizes cities to own and operate water utilities, and to regulate and control the use, distribution, and price for water utility service; and WHEREAS, Article IX, Section 1 of the City Charter of the City of Yakima authorizes the City Council to provide by ordinance rules and regulations for the control, management and operation of all public utilities owned and operated by the City; and WHEREAS, the bulk rate section should be updated to add additional provisions and rental fees for water meter rental and to add clarity to the language of the ordinance; and WHEREAS, such updates will provide clear language that those wishing to use fire hydrant water must rent a water meter from the City, and must pay daily late fees in the event the meter is not turned in as directed; and WHEREAS, the City Council finds and determines that adoption of this ordinance amending the bulk rate section, Yakima Municipal Code section 7.68.251 in the public interest and in the best interest of the City and its residents; now, therefore, BE IT ORDAINED BY THE CITY OF YAKIMA: Section 1. Yakima Municipal Code Section 7.68.251 shall be amended to read as follows: 7.68.251 Bulk rate 1 Fire Hydrant Water Meter Assembly Rental. A. The charge for water supplied through fire hydrants, when the water is used by either the city or a private person for any use authorized by the water/irrigation division, shall be the same as the highest UOC charge set forth in YMC 7.68.250. No charge shall be made for water supplied through fire hydrants when the water is used for fire suppression or for maintenance and operation purposes by the city. B. All water served through a fire hydrant shall comply with YMC 7.68.300. C. Water served through a fire hydrant shall have an authorized water meter assembly as provided by the lwater/irri anon division. Such water meter assembly shall be rented throuch the Olt of Yakima water/irrigation division. D. Water meter assemblies shall not be rented for more than 30 consecutive days.Water meter assemblies shall be returned to the water/irrigation division for a meter reading and inspection at the end of the rental period.A late fee of$50.00 per day will be assessed for water meter assemblies kept longer than 30 days. GE. Daily water meter assembly use charge for temporary water service shall be as follows: 4 Daily Water Meter Use Charge January 11, January 1, January 1, January 1, January 1, 2019 2020 2021 2022 2023 $4.20 $4 406.00 $46.65 $46.85 $67.10 The minimum water meter assembly use charge shall be equal to the daily water meter assembly charge. Section 2. Severability. If any section, sentence, clause or phrase of this Ordinance should be held to be unconstitutional, unlawful or invalid by a court of competent jurisdiction, such invalidity or unconstitutionality shall not affect the validity or constitutionality of any other section, sentence, clause or phrase of this Ordinance. Section 3. Effective Date. 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 5'h day of August, 2019. Kathy Coffey, Mayor ATTEST: Sonya Clear Tee, City Clerk Publication Date: Effective Date: 5 ORDINANCE NO. 2019- AN ORDINANCE amending Yakima Municipal Code section 7.68.251: Bulk Rate. WHEREAS, RCW 35.92.010 authorizes cities to own and operate water utilities, and to regulate and control the use, distribution, and price for water utility service; and WHEREAS, Article IX, Section 1 of the City Charter of the City of Yakima authorizes the City Council to provide by ordinance rules and regulations for the control, management and operation of all public utilities owned and operated by the City; and WHEREAS, the bulk rate section should be updated to add additional provisions and rental fees for water meter rental and to add clarity to the language of the ordinance; and WHEREAS, such updates will provide clear language that those wishing to use fire hydrant water must rent a water meter from the City, and must pay daily late fees in the event the meter is not turned in as directed; and WHEREAS, the City Council finds and determines that adoption of this ordinance amending the bulk rate section, Yakima Municipal Code section 7.68.251 in the public interest and in the best interest of the City and its residents; now, therefore, BE IT ORDAINED BY THE CITY OF YAKIMA: Section 1. Yakima Municipal Code Section 7.68.251 shall be amended to read as follows: 7.68.251 Bulk rate/ Fire Hydrant Water Meter Assembly Rental. A. The charge for water supplied through fire hydrants, when the water is used by either the city or a private person for any use authorized by the water/irrigation division, shall be the same as the highest UOC charge set forth in YMC 7.68.250. No charge shall be made for water supplied through fire hydrants when the water is used for fire suppression or for maintenance and operation purposes by the city. B. All water served through a fire hydrant shall comply with YMC 7.68.300. C. Water served through a fire hydrant shall have an authorized water meter assembly as provided by the water/irrigation division. Such water meter assembly shall be rented through the City of Yakima, water/irrigation division. D. Water meter assemblies shall not be rented for more than 30 consecutive days. Water meter assemblies shall be returned to the water/irrigation division for a meter reading and inspection at the end of the rental period. A late fee of$50.00 per day will be assessed for water meter assemblies kept longer than 30 days. E. Daily water meter assembly use charge for temporary water service shall be as follows: 6 Daily Water Meter Use Charge January 11, January 1, January 1, January 1, January 1, 2019 2020 2021 2022 2023 $4.20 $6.00 $6.65 $6.85 $7.10 The minimum water meter assembly use charge shall be equal to the daily water meter assembly charge. Section 2. Severability. If any section, sentence, clause or phrase of this Ordinance should be held to be unconstitutional, unlawful or invalid by a court of competent jurisdiction, such invalidity or unconstitutionality shall not affect the validity or constitutionality of any other section, sentence, clause or phrase of this Ordinance. Section 3. Effective Date. 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 5'h day of August, 2019. Kathy Coffey, Mayor ATTEST: Sonya Clear Tee, City Clerk Publication Date: Effective Date: