HomeMy WebLinkAbout02/17/2015 05E Water Utilities Municipal Code Changes; YMC Amendment 7.68.095BUSINESS OF THE CITY COUNCIL
YAKIMA, WASHINGTON
AGENDA STATEMENT
Item No. 5.E.
For Meeting of: February 17, 2015
IIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIII
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 for a penalty when warranted. The attached amendment to the
code provides that direction with the penalty provisions already contained in the code.
Resolution:
Other (Specify):
Contract: Contract Term:
Start Date: End Date:
Amount:
Ordinance: X
Item Budgeted: NA
Funding Source/Fiscal
Impact:
Strategic Priority:
Insurance Required? No
Mail to:
Phone:
APPROVED FOR
Improve the Built Environment
City Manager
SUBMITTAL:
RECOMMENDATION:
Pass Ordinance
ATTACHMENTS:
Description Upload Date
Red Line Ordinance 2/3/2015
Clean Ordinance 2/3/2015
Type
Ordinance
Ordinance
AN ORDINANCE
ORDINANCE NO. 2015 -
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 vosted 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.
2015.
PASSED BY THE CITY COUNCIL, signed and approved this day of
ATTEST: Micah Cawley, Mayor
City Clerk
Publication Date:
Effective Date:
AN ORDINANCE
ORDINANCE NO. 2015 -
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.
2015.
PASSED BY THE CITY COUNCIL, signed and approved this day of
ATTEST: Micah Cawley, Mayor
City Clerk
Publication Date:
Effective Date: