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HomeMy WebLinkAbout3147.,,.. ~ ORDINANCE NO. ' AN ORDINANCE relating to the Municipal Water Supply and Sewage Disposal System of the City '" ' of Bremerton providing for the sale of water and sewage disposal services; fixing the price or rate thereof and providing a method of billing and collecting for the services; providing penalties for violations of this Ordinance; and repealing Chapter 15.04 and Chapter 15.06 of 'Title 15 of the Bremerton Municipal Code. TIlE CITY OF BREMERTON DOES ORDAIN: SECTION I: That Chapter 15.04 and 16.06 of Title 15 of the Municipal Code of the City of Bremerton be and the same are hereby repealed. SECTION II. Definitions: A. ;'Backflow" - The flow other than in the intended direction of flow of any foreign liquids, gases, or substances into the distribution system of a public water supply. B. "BackflOw prevention device" - A device to counteract back pressure or prevent back siphonage. C. "Class A Connection" A connection made 4:o a gravity trunk or lateral sanitary sewer constructed prior to January 1, 1968. D. "Class B Connection - A connection made to a sanitary sewer other than a waterfront sanitary sewer constructed after January 1, 1968. E-. "Class C Connection" = A connection made lo a waterfront sewer line built after January 1, 1968. F. "Commercial" Ail business premises and other premises not otherwise ~eparately defined herein. G. "Connection ,,.Charge" - Charges made for permission to connect to the City Sanitary Sewage System and for inspection of the connection. A connection charge does not include costs for tapping the main, installing the lateral and restoring the surface. H. "Construction CHarge" That charge made by the City to cover its unreimbursed construction costs for laying pressure lines, installing lift stations and other work not covered by sewer service charges. I. "Cross~Connection'' In accordance with State of l~ashington Administrative Code, any physical arrangement whereby a public water supply is connected directly or indirectly with any other water supply system, sewer, drain, conduit, pool, storage reservoir, plumbing fixture, or other device which contains or may contain contaminated water, sewage, or other waste or liquids of unknown or unsafe quality which may be capable of imparting contamination to the public water supply as a result of backflow. Bypass arrangements, jumper connections, removable sections, swivel or change-over devices and other temporary or permanent devices through which or because of which backflow could occur are considered to be cross-connections. J. "Extended Line" - A privately financed sewer line constructed with the written approval of the City. K. "Floor Space" - The entire area of all floors in square feet contained within the exterior walls of each floor including halls, stairways, restrooms and closets. L. "Governmental" - Any agency or department of Federal, State, County or ~tunicipal Government. M. "Gravity Line" - A sewer line conveying sewage to a point of collection without pumping. N. "Late Connection" - A connection made to a sanitary sewer, after all construction of the sewer is completed and accepted, from property which was unoccupied at the time of completion and acceptance of the sewer line by theeCity. O. "Late Connection Charge" A charge which shall not exceed four hundred dollars for late connections, computed at the rate of ten dollars per quarter or portion thereof following completion of the sewer line. 'Quarters commence on January 1, Al~ril 1, July 1 and October 1 of each year, and terminate on March 51, June 30, Sepeember 30 and December 31 of each year. P. "Multiple Family Dwelling" - Any premises housing more than a single family group including mobile home parks. Q. "Occupied Property" Real property on which a structure exists that is being served by an existing temporary sanitary sewage facility. R. "Premises" - A continuous tract of land, a building or a group of adjacent buildings under a single control with respect to the use of water and/or sewage services and responsibility for payment therefor. S. "Pressure Line" - A sanitary sewer line through which sewage must be forced by pumping to a point of collection. T. "Reimbursement Agreement" - An agreement entered into between the installer of a sanitary sewage facility and the City for the purpose of reimbursing the installer for all or part of the costs of an extended line. U. "Sewer" - Sanitary sewer. V. "Sewer Service Charges" - A monthly charge for maintaining, operating, and improving the sanitary sewer system. lq. "Single Family Dwelling" - Premises housing a single family group which itself is not part of a contiguous group under a single control. X. "Standard Construction Costs" - Total cost of installation of a standard trunk sewer or a standard lateral sewer including the cost of all manholes and incidental work necessary to place the sewer in service. Y. "Standard Lateral Sewer" - A sanitary lateral sewer not less than six inches in diameter, constructed within a public right of way in accordance with current City standards. Z.'~ "Standard Trunk Sewer" - ~' sanitary trunk sewer not less than eight inches in diameter and constructed in accordance with current City standards. AA.. "Unocclapied Property" - Real property wn which no structure requiring sanitary sewage disposal exists. AB. "Temporary Mains" - Existing mains serving areas outside the C~y Limits which are other than cast iron or approved equal and are less than four inches in diamter. SECTION III. Water Service. A. Applications for Connection with City System. Any person living withintor outside the City and desiring to have premises connected with the water supply system of the City, shall make application therefor, upon a printed form to be furnished for that purpose, which application shall contain the name of owner, description of the lot, block and addition, and the official house number of the premises together with the size of the service pipe, and shall be signed by the owner of the premises to be served, or his duly authorized agent, and shall be filed in the office of the water department, and at the time of filing such application the applicant shall pay the fees for installation of water services hereinafter provided. B. Contract - Provisions. The application described in Section III, Paragraph A shall contain a contract on the part of the person making the same to pay for the water applied for at the rate and in the manner specified in such con- tract, and shall reserve to the City the right So charge and collect the rates and enforce the penalties provided in this chapter, to temporarily discontinue the service at any time without notice to the consumer and to install a meter or meters to register the water consumed, and shall specify that the contract is subject to all the provisions of this chapter and af any ordinance of the City relating to the subject, hereafter passed. It shall further provide that the City shall not be held responsible for any damage by water or other cause resulting from defective _plumbing or -4- appliances on the premises, and the fact that the agents of the City or County have inspected the plumbing and appliances shall not be pleaded as a basis of recovery in case of damage to premises, and shall provide in case the supply of water shall be interrupted or £ail by reason o£ accident or any other cause whatsoever, that the City shall not be liable for damages for such interruption o5 failure, not shall be held to constitute a breach of contract on the part of the City or in any way relieve the consumer from performing the obligation of his contract. C. Effective Day of Contract. All contracts shall take effect from the day they are signed, and rates shall bd charged from the day the premises are connected with the water supply and the water ~urned on. D. Fees. All fees for the installation of water services and taps shall be paid as follows: 1. The fee for making a tap and installing water service within the city limits shall be as follows: Three-fourths inch tap and connection - One hundred 'dollars. One inch tap and connection - One hundred sixty dollars. 2. The fee for making a tap and installing a water service in areas outside the city limits shall be as follows: Three-fourths inch tap and connection - One hundred fifty dollars. One inch tap and connection - Two hundred forty dollars. 5. Taps and service connections 'larger iin size than one inch in the city shall be charged for, actual material, labor~ and other costs thereof including overhead charges. For areas outside the City, materials, labor~ and other costs shall be priced '5- fifty percent higher than in the City. For the purpose of computing these costs, the main to which it is proposed to make such connection shall be considered as being located in the center of the street, or right-of-way or alley, whether or not such may be the actual case. Before such tap and meter is installed the applicant therefor will be required to deposit an amount equal to the estimated cost thereof. If, upon completion of the installation, the cost computed as above described should be more than the amount of the deposit, the applicant will be required to pay the difference between such cost and the amount of the dep~mit; provided, however, that if the amount of the deposit is more than actual cost, computed as above described, such excess amount to be refunded to the applicant. The City may enter into agreements for the payment of tapping and service connections as provided for in this section upon application and the payment of twenty percent down and not less than five dollars per month or within twelve months, aaid deferred payments to include interest at the rate set by City Council on the unpaid balance of said charges. 4. In the event it should be necessary to break pavement in order to install a tap and service connection, an additional charge of four dollars per square foot but not less than fifty dollars shall be made for breaking and replacing such street, in case of concrete, and one dollar and twenty-five cents per square foot, but not less than twenty-five dollars in the case of blacktop. 5. In the event it should be necessary to set the meter box for such service connection in a concrete sidewalk, an additional charge of ten dollars shall be made. 6. The size of each water service and tap shall be determined in accordance with the provisions of the plumbing code of the City now in effect, or which may be formulated at some future date. In the absence of such provisions, the -6- Uniform Plumbing Code shall govern. 7. Where a dependable water supply cannot be assured to any premises because of low pressure during periods of peak demands for water, or where property is situated at such an elevation that it cannot be assured of dependable service, the owner may, at his expense, install an auxiliary storage tank or pump to furnish an auxiliary supply. 8. A general facilities fee shall be charged on all new service connections to the water system: a. The general facilities fee for single family dwellings within the City limits shall be based upon the property description submitted with the service application by the owner and shall be 3/4¢ per square foot or seventy-five dollars ($75.00) per unit, whichever is greater. The fee for Hotels-Motels shall be a maximum charge not to exceed 3/4¢ per square foot or $75.00, whichever is greater, per unit up to 10 units under one roof. The fee for multiple dwelling units such as condominiums, apartments, duplexes, etc. shall pay the general facilities fee of 3/4¢ per square foot or seventy-five dollars per unit, whichever is greater; the computation of area within said parcel shall include greenbelts, parking and other aesthetic, collateral building uses including publicly owned streets and roads. b. The general facilities fee for single family dwellings outside the City limits shall be based upon the property description submitted with the service application by the owner and shall be 1 1/4¢ per square foot or one hundred twenty- five dollars, whichever is greater. The fee for multiple dwelling units, such as condominiums, apartments, duplexes, etc., shall pay the general facilities fee of 1 1/4 ¢ per square foot or one hundred twenty-five dollars per unit, whichever is greater; the computation of area within said parcel shall include green-belts, parking and other aesthetic, collateral building uses including - 7 - publicly owned streets and roads. c. Owners or developers of approved plats within the City limits shall pay the general facilities fee of 3/4¢ per square foot or seventy-five dollars ($7S.00) per approved lot, whichever is greater; the computation of the area within said plat shall include green-belts, parking and other aesthetic collateral and accessory building uses and shall include publicly owned roads and streets and rights-of-way. Owners or developers shall have the alternatives of installing the plat's interior water system at his expense and to the City's specifications, or the City installing the interior water system and the developer or owner paying the standard front foot charge. Developers or owners of plats or subdivisions of plats, ten acres or less, shall pay the total general facilities fee at the time of conveyance of the interior wafer system to the City. Developers or owners of plats larger than ten acres shall pay the general facilities fee for ten acres at the time of conveyance with the balance of payment, if so desired by the owner or developer, to be paid on a contract not to exceed one year. Any fire hydrants installed in the plat shall be ~t the developer's expense. d. Owners or developers of approved plats outside the City limits shall pay the general facilities fee of 1 1/43 per square foot within the plat served or one hundred twenty-five dollars ($12S.00) per lot, whichever is greater; the computation of the area within said plat shall include green- belts, parking and aesthetic, collateral and accessory building uses and shall include publicly owned streets and rights-of-way. Owners or developers shall have the alternatives of installing the plat's interior water system at their expense and to the City's specifications, or the City installing the interior water system with the owner or developer paying the standard front footage charge. Any fire hydrants installed in the plat shall be at the developer's expense. Plats or subdivisions of plats, ten acres or -8- less shall pay the. total general facilities fee at the time of conveyance of the interior water system to the City. Developers or owners of plats larger than ten acres shall pay the general facilities fee for ten acres at the time of conveyance with the balance of payment, if so desired by the developer or owner, to be paid on a contract not to exceed one year. e. The general facilities f~e herein provided shall be in addition to raees, tapping fees and other charges established for water service. f. The general facilities fee shall be adjusted on January 1 of each year based on the Consumer Price Index for November of the year preceding for all items as reported in "Economic Indicators" prepared by the Council of Economic Advisers. The CPI for the rates herein published is 137.§ based on the report for t~ovember 1973. 9. a. The installation or maintenance of a cross-connection which will endanger the water quality of the potable water supply of the City of Bremerton is prohibited. Any cross-connection now existing or hereafter installed is hereby declared a nuisance and shall be abated. The control or elimina- tion of cross-connections shall be in accordance with the State of Washington Administrative Code or subsequent revisions together with any future manuals of standard practice pertaining to cross- connection control approved by the Director of the State of Washington, Department of Social and HealtheServices. The water supply will be discontinued to any premise for failure to comply with the provisions of this section. b. Service from the City of Bremerton Water supply system to any premise upon which a private water supply system is used or operated contrary to the provisions of the rules and regulations of the State Board of Health regarding public water supplies may be discontinued or refused. -9- c. Furnishing of any service shall be contingent upon the installation of a backflov prevention device approved by the State of Washington Department of Social and Health Services for the protection of the City water supply from backflov. 10. The City reserves the right to enter or go upon any premises to make a reasonable inspection of installation and maintenance of cross connections to inspect backflov prevention devices and to make any inspection to prevent contamination of the public water supply. E. Premises. 1. ~/hen two or more buildings on the same premises are being served unsatisfactorily by one water service connection, the water department shall haVe the right to require the installation of additional service connections from the water main to the premises already served. 2. When additional water service connections are provided for any premises, _all water service to such premises shall be metered and installed at the empense of the owner. 3. ~nenever excessive consumption periodically overloads the capacity of a meter supplying service to any premises, the water department shall notify the owner and after determining the size of the service pipe from the main and the size of the meter ne.cessary to give proper service without damage to the meter, the owner will be notified and requested to change the size of service and meter at his expense. Failure on the part of the owner to comply with the request within thirty days will cause the water to be shut off and not turned on again until such change has been made. F. Consumer's Utility Deposit. At the time an applicant signs the application for water service, the applicant shall deposit with the City Treasurer a consumer's utility deposit which shall not bear interest to secure payment of water and utility charges for services furnished to any such applicant, as follows: 1. Within the City Limits: 1/2 to 3/4 inch meters ............ $$25.00 1 inch meters ..................... 53.00 1 1/4 inch meters ................. 56.00 i 1/2 inch meters ................. 67.00 2 inch meters ..................... 100.00 2. Outside the City Limits: 1/2 to $/4 inch meters ............ $ 30.00 1 inch meters ..................... 37.50 1 1/4 inch meters ................. 60.00 I 1/2 inch meters ................. 75.00 2 inch meters ..................... 120.00 3. Nothing herein contained shall prevent the water department from requiring that such consumer's deposits shall equal "' two and one-half times the estimated consumption of water £or one billing, at the time such application is received, multi- plied by the rate herein provided; and, further provided that, if at the end of any two billing periods the actual consumption o£ water should exceed the estimated consumption at the time of such application for water and se~[age disposal service, by more than ten percent, then the applicant may be required to add such amount to his constmer's deposit as may be necessary to make up such de£iciency. In the event of his failure to comply with this pro- vision, the water accounting department may add such amount to his water bill and enforce collection thereof in the manner provided by this and existing ordinances. The consumer's deposits herein provided shall be held by the City Treasurer until severance of the contract, and shall be paid to the consumer after all claims against the premises for water or -11- other services shall be fully paid; provided that the water accounting department except as hereinafter provided may waive the requirements of such deposits or reimpose the requirement of a deposit once waived if it is deemed advisable by said water accounting department. G. Rate for Service Through a Five-Eighths by Three-Quarter Inch Meter. After an application for water service has been duly executed, signed, approved and service started as hereinabove provided, the charge /or such service through a five*eighths by three-fourths inch meter shall be as follows for one month and double the volume at the same price per one hundred' cubic feet for bimonthly periods: 1. Meter Rates Within the City Limits: 500 cubic feet or less ..................... $2.75 The next 4,500 cubic feet @m ................. 55 The next 15,000 cubic feet @ ................ 30 In excess of 20,000 cubic feet @ ............ 20 2. Meter Rates ~)utside the City Limits: 500 cubic feet or less ..................... $$.15 The next 4,500 cubic feet @ ................. The next 15,000 cubic feet @ ................ 45 In excess of 20,000 cubic feet @ ............ 5. The rate for a fractional month shall be computed by the accounting department in such manner as to be equitable and fair to both the consumer and the water department. 4. Where two or more separate buildings or pre~l&AB$ under separate ownership or management, are now supplied with water through one meter, the minimum rate for each such separate building, regardless of the size of the meter, shall be two dollars and seventy-five cento per month within the City limits and four dollars and fifteen cents per month outside the City limits. The payment of such amounts shall entitle each separate building to five hundred cubic feet of water per month per unit. The rates provided by this subsection shall apply to places of business, residences, house trailers, tourist cabins serving as permanent family units, and any other such premises used for permanent human occupancy by the same family or tenant for periods of more than one month. The provisions of this subsection shall apply to each unit of duplexes and similar buildings where the respective units thereof are separately or jointly owned by more than one family or business. .~, S. Where two or more places of business or family units, under a single roof, or under single ownership or management, are now supplied with water through a single meter, the minimum rate per month shall be at the City or CounCy rate prescribed herein for the size of the meter serving such premises. Water in excess of five hundred cubic feet per month shall be at the rate prescribed. The rates in this subsection shall apply to apartment houses, residences renting apartments, and any other building or premises so used. H. Minimum Meter Rate. Unless otherwise specified in writing by the Commissioner of Public Works and Utilities stating The reasons therefor, the minimum rate per month for meters of sizes below indicated and used in supplying water shall be as follows and computed to the nearest amount ending in zero or five: 1. Minimum Meter Rates Within the~iCtty: Limits Per Month for Five Hundred Cubic Feet or Less: S/8 to 3/4 inch meter ................... $ 2.7S 1 inch meter ............................ 4.15 1 1/2 inch meter ........................ 6.20 2 inch meter ............................ 8.2S $ inch meter ............................ 12.40 6 inch meter ............................ 20.65 6 inch meter ............................ 55.00 -15- 8 inch meter ...................... $ 49.50 12 inch meter ...................... 66.00 2. Minimu~ Meter Rates OUtside the City Limits Per Month For Five Hundred Cubic Feet or Less: 5/8 to 5/4 imch meter ............. $ 4~15 1 inch meter ...................... 6.Z5 1 1/2 inch meter .................. 9.50 2 inch meter ...................... 12.40 3 inch meter ...................... 18.60 4 inch meter ...................... 31,00 6 inch meter ...................... 49.~0 8 inch meter ...................... 74.25 12 inch meter ...................... 99.00 3. All water consumed in excess of five hundeed cubic feet per month shall be charged for as in Section III, para- graph G. I. Industrial Rates. Consumers using in excess of forty thousand cubic feet per month may make application for industrial rates on forms to be supplied for such purposes, which industrial rates shall be a minimum fixed charge of eighty-two dollars and fifty cents per month for water up to forty thousand cubic feet and twenty cents per one hundred cubic feet in excess of forty thousand cubic feet per month. J. Special Irrigation Rates. 1. A special rate for sprinkling or irrigating tracts of land shall be available to single family residencesa~xld duplexes for a five-month period beginning with mid-April meter rea~ing date and shall be five dollars and fifty cents for the first two thousand five hundred cubic feet or less per month and thirty cents per one hundred cubic feet per month in excess of two thousand five hundred cubic feet. 2. Irrigation rates will be automatically applied to the accounts of eligible customers. If water consumption -14- for a billing cycle during irrigation rate periods is less than 128S cubic feet per month, normal rates will apply. If water consumption is equal to or greater than 1285 cubic feet per month, irrigation rates will apply. K. Fire Hydrants. 1. The water department shall install and maintain all necessary fire hydrants within the City and shall charge the fire department a yearly rental of twenty-seven dollars and fifty center per hydrant. 2. Upon proper application fire hydrants may be installed outside the. City by individuals, water, or fire districts. All such fire hydrants shall be installed in accordance with the standard specifications of the City and the entire cost of all labor and mSterial necessary to install and maintain such hydrants shall be paid by the applicant who in addition shall pay a regular service charge of one dollar and eighty-five cents per month per hydrant. L. Fire Protection Service. 1. Ail existing and new water service connections, except automatic sprinkler {wet and combination standpipe) systems, used for fire protection shall be metered at the expense of the owner, lessee or.°ccupant. Payment for metering service connections for fire protection p~lposes which are not now metered, shall be made'within ninety days after receiving notice from the water department or in accordance with a satisfactory arrangement made for payment of such charges. Any delinquency in payment of the expense for fire protection service shall be deemed sufficient cause for discontinuance of the fire services by turning off such ~lervices to the premises. 2. All automatic sprinkler (wet and combination standpipe) systems used for fire protection shall be or shall have installed therewith an outside water motor alarm gong or other warning device approved by the fire inspector and the superintendent of the water department. 3. Service Charges. The rates for water supply, for fire protection purposes exclusively, shall be termed service charges and shall be for any one month or fractional part thereof as follows: SIZE OF SERVICE FIRE SERVICE CHARGE 2 inches $2.75 3 inches 3.45 4 inches 4.80 6 inches 6.90 8 inches 8.25 4. The service charges hereinabove set forth shall be granted only during such times as there is no appreciable registration by meters maintained by the City for such fire pro- tection service. Water used for any other purpose than for extinguishing fires through a fire protection service ~ shall be charged at a rate not less than double the domestic rate provided by this ~-it~te~I~ M. Question of Meter Accuracy. 1. Where the accuracy of the reading of a water meter is questioned, it shall be removed at the consumer's request and shall in his presence be tested in the shops of the water department by means of the apparatus there provided, and a report thereon duly made. Both parties must accept the findings so made. If the test discloses an error against the consumer of more than three percent in the meter's registry, the excess of the consumption on the three previous readings shall be credited to the coasumer's meter account, and the water department will bear the entire cost of the test, and the deposit required as hereinafter prescribed shall be returned. W~ere no such error is found, the -I6- person who has requested the test shall pay the cost of such test, and make up any deficiency in the deposit in cases where the cost exceeds such deposit. Before making a test of any meter the person requesting such test shall, at the time of filing his request, make a deposit of the cost or estimated cost of such test subject to the conditions herein stated, which costs for testing are fixed as follows: SIZE COST 5/4 inch .............................. $ 2.$0 1 inch ................................ S. $0 1 1/4 inch ............................ 4.00 1 1/2 inch ............................ 5.00 2 inch ................................ 6.00 Larger ................................ Actual 2. No meter shall be removed or in any way distmmbed, except by or in the presence of a representative of the water department. N. Meter or Service Removal. 1. When it is desired to have a meter removed or reinstalled, the owner of the premises supplied or to be supplied by such meter shall file an application in the office of the water department on forms provided for that purpose, and shall pay the actual cost for such removal or reinstallation plus twenty percent for overhead and accounting. 2. The regulations governing the removal and reinstallation of a meter shall govern in cases requiring the removal and reinstallation of a fire hydrant and/or any other facility or appurtenance of the system. S. The charges referred to herein shall not make the person paying such charges the owner of the meter or hydrant installed which shall at all times be and remain the property o£ the City. O. Conne ct ion. 1. Upon the payment of installation fees and the execution of the contract as hereinbefore provided, the premises described in the application, if the same abuts on a street on which there is a City water main, shall be connected with the City water main by a service pipe and stop-cock extending at right angles from the main to a place within the lines of the street curb, which connection shall thereafter be maintained by and kept within the exclusive control of the City. In cases where the premises do not abut on a street in which there is a City water main, the City will lay its connections from the main toward the premises for a distance equal to the distance from the main to the curbline; the distance in no case to exceed forty feet, arid permit connections therewith by means of a union and pipes laid at the expense and maintained by the owner of the service, or may in the discretion of the superintendent upon the payment of actual cost thereof, extel~d the service to the premises of the applicant along and beneath any public street or alley of the City but not otherwise; where there is a water main in front of any premises; every house under separate ownership supplied with City water must install its own separate service connection with the City main, and the premises so supplied will not be allowed to supply water to any other premises, provided that mmch restrictions shall not apply mo services already installed except as herein provided, unless in the judgment of the superintendent for the good of the service or to settle disputes, it is found necessary to enforce such provisions as to connections already made. P. Request for Service. 1. Whenever the owner or occupant of any premises connected with the City's wa&er supply system desires to use water, he shall notify the water department and request that water be turned on at the premises. Q. Shut-Off Valve. 1. Each and every building, place of business, tourist cabin,.duplex, house trailer and separate dwelling, when connected to one meter, must be provided with separate shut-off valves in good working order so that such unit may be shut off without disturbing service to the remaining units. Failure to provide such valve, or to shut off the water at such unit when unoccupied, will be consider sufficient reason to deny any adjustment in the water bill in the event of leakage due to these causes. Every such separate service not already equipped with a shut-off valve as herein provided must be so equipped at the ownerf~s expense as soon as the defect is found to exist. R. Delin~[uency - Collection Charge. 1. A collection charge of twenty-five cents or one percent of the unpaid balance, whichever is greater, shall be added monthly to each and every water bill which is not paid on or before such bill becomes delinquent. The water department shall have the right at its option to turn off the water serving the premises on which the bill is delinquent. 2. If as a result of such delinquency, the water department sends an employee to a premises during normal working hours for the purpose of turning off the water, a charge of $7.S0 shall be added to the water bill for the premises. S. If as a result of a turn-off for such delinquency, the customer requests a turn-on outside of normal working hours or on holidays or weekends, the customer shall be informed that an additional $20.00 will be added to the water bill for this service. S. Delinquency- Lien 1. All water rates shall be charged against the premises for which the service was installed. Any and -19- charges provided for in this section, when the same becomes delinquent and unpaid, shall constitute a lien against the premises to which the same has been furnished. Enforcement of the lien and collection of the lien shall include but not be limited to the right to stop service and deny service thereafter to any and all owners and/or occupants or tenants of the premises until the bill for service has been paid in full. 2. In cases where the occupant of a premises moves to another location within the system and applies for water at the new location, services may be denied at such location until and unless any bill for service against the first location is fully paid, or the amount due is transferred to his account at the new location and paid. T. Division of City Into Zones for Accounting. 1. It is the duty of the accounting depart- ment to keep accounts with all consumers of water and to enter on such accounts all charges and penalties applicable, and to render bills to all consumers of water from time to time as herein provided. 2. For accounting purposes and. the payment of water bills, the territory served by the water department of the City may be divided into zones. Such di¥isibn shall be made with the approval of the Commissioner of Finance and m~y be revised as required to maintain the number of accounts in each zone as nearly equal as possible. U. Adjustments. 1. In the event of excessive registration of water meters, caused by broken or leaking water service pipe within or abutting upon the premises of any customer, without -20- knowledge or fault of the customer, an adjustment may be made upon written application during any period of twelve months and after repairs have been made. The basis of such adjustment shall be the normal consumption under similar operating conditions. V. Using Water During Fire. 1. It is unlawful for any person to knwwingly use water for lawn or garden sprinkling and irrigating purposes on any premises receiving water from the Bremerton water system during the progress of a disastrous fire within theeCity limits. W. Meter Failing to Register Properly. 1. All meters shall be and remain the property of the City and will not be removed unless the use of water on the premises is to be entirely stopped or the service connection dis- continued or abandoned. In the event of the meter getting out of order or failing to register properly the consumer shall be charged on an estimate of the average monthly consumption during the last three months that the same was in good order, or from what may be considered the most reliable data or method by the water accounting department. X. Control of Wse of Water During Emergency. 1. Whenever an emergency exists affecting the water supply of the City and it becomes necessary to curtail the use of water through regulation and control of the use thereof, notice of such emergency shall be published in the daily newspapers by the water department, setting forth rules under which water shall be used, providing for such zones for use of the waeer as may be necessary or advisable, and setting forth hours during which sprinkling for lawn or garden irrigation may be done, and setting forth any other restrictions on the use of water as may be deemed necessary for the welfare of theiahabitants of the City and other users of City water. Such notices and the regulations established -21- thereby shall be subject to change and shall be in full force and effect throughout the emergency and shall continue until notice is published that the emergency has passed, and any changes in such regulations as published shall likewise be so published before taking effect. Y. Discontinuation of Service During Short Emergency. 1. Water service in an emergency of short duration may be temporarily discontinued, without notice to the customers, for the purpose of making repairs, extensions or any other necessary work, and the City shall not be held responsible for any damage resulting from interruption of service or the failure of the water supply, or failure to give water users notice thereof. Whenever possible, and in cases where it has advance knowledge thereof, the water department shall notify all customers to be affected by any interruption of service in the official City newspaper or by a canvass of areas affected by employees of the water department. Z. Operation of Fire Hydrants. 1. No persons, other than properly authorized employees of the City, shall operate fire hydrants unless proper arrangements have been made with the Commissioner of Public Works and Utilities~ for payment for such water, and permission has been granted by the Commissioner. Persons desiring water service from a fire hydrant or hose connection shall make application therefor to the water department and make a deposit in the sum of one hundred dollars with the City Treasurer~ to protect the City against possible damage of the hydrant or appurtenant equipment. 2. When it is deemed necessary, the water department will furnish an inspector to operate a fire hydrant, or hose connection:~ to avoid damage and to obtain the necessary infor- mation for computing the volume of water consumed. Water supplied -22° together with the expense for the service of the inspector and equipment furnished is classified as special service. In no case shall the charge be less than fifteen dollars. AA.Obstructing Access to Fire Hydrant or Meter. 1. It is unlawful for any person to obstruct the access to any fire hydrant or water meter by placing around or thereon any stone, brick, lumber, dirt, or other material, or to park or stand vehicles or any obstruction within fifteen feet of any fire hydrant, or draw or attempt to draw any water therefrom, or to wi]Jfully or carelessly injur~ the same. AB. Constructinn of New Mains in Areas NotSS~r~dd. 1. When the inhabitants or property owners of any specified area desire to connect directly with the municipal water supply, and water mains or main extensions are necessary in order to connect to such municipal water supply, they may petition the City to construct such new mains and/or main extensions p providing they jointly and severally agree to reimburse the City for the cost thereof at the following rates per front foot of property abutting such new mains and/or main extensions. Properties situat~dn on corners with abutting water mains on two sides shall have the footage charge computed by using the average footing of the two sides. Areas within City limits - per front foot, two dollars . Areas outside the City limits - per front foot, tht~e dollars and twenty-five cents. 2. For owners of irregular shaped area, the charge shall be two dollars per hundred square feet of area within the City limits and three dollars and twenty-five cents per hundred square feet of area outside the City. If the properties to be served are not abutting the water main, the owners of such properties shall be required to pay one hundred dollars within -23- the City, and one hundred fifty dollars outside the City to apply on the constructions of permanent mains to serve such area at some future date. 3. If xixty percent of the property owners of any specified area have signed the petition, as provided in 1, the City may enter into agreements with them providing for such new main construction and the payment therefor either in cash or at the rate of ten dollars or more per month with interest at six percent per year on unpaid balances; provided that at lmast t~enty percent shall be paid as a down payment at the time of installation and that the term of such installations shall not exceed thirty-six months from the date of the initial install- ment. Such payments shall be in additionato all other rates, tapping fees and other charges established by this or any other ordinances for water service now in effect. 4. Ail mains constructed under the provisions hereof shall be of cast iron pipe or other approved material not less than six inches in diameter; provided pipe four inches in diameter may, in discretion of the water department, be installed of such length that any given point on the same is not more than three hundred fifty feet from a main whose diameter is six inches or more, and further provided if in the discretion of the water department temporary mains would be more advantageous for a time; in that event, such temporary mains may be installed by the City; and, in that event, the property owners who contributed to the cost of permanent mains shall not be required to pay any additional cost involved in the abandonment, retirement and the replacement of such temporary mains with the permanent mains at some future date. In the event at a later date it should be decided to install such permanent mains by formation of a local improvement district, -24- then, in such event, all payments made by reason of any ~ontract as herein provided shall be credited toward the payment of any assessments levied by the local improvement district. 5. When mains are installed, as provided herein, and not all property owners, or property, shall contribute towards the cost of such construction at the time they are constructed, they and the property so omitted shall be required to pay two dollars per front foot of property within the City limits fronting such mains before they will be permitted to connect to said mains. 6. In the case of property outside the City limits, the front footage charge shall be three dollars and twenty-five cents per front foot. 7. The front footage charge herein provided shall be in addition to rates, tapping fees and other charges established for water service. AC. New Buildings. 1. l~hen new buildings are to be erected on the site of the old ones and it is desired to increase the size or change the location of the old service connection, or when the service connection to any premises is abandoned or no longer used, the water department may cut out or remove such service connections, after which should a service connection be required to said premises a new service shall be placed only after the owner makes an application and pays for a new tap in the regular manner. ~/hen a new main is laid in any street, owners of premises on said street ~r within one-half block on side streets, who are being supplied with City water from a private main or connection to a private service, shall make application for a tap and shall connect up with a separate service connection to the City main in front of their premises. -25- AD. Disconnection by O~ner. 1. No person or owner of any premises connected with the City's water supply system shall disconnect the water on said premises unless he shall first file on forms provided a written request that water service to the premises be discontinued, and shall pay all arrearages on water rates for said premises. AH. Flat Rate - Waste. 1. No person or owner on "flat rates" shall waste water, or allow it to be wasted, by imperfect or leaking stops, valves, pipes, closets, faucets or other fixtures, or to use the water for purposes other than those named in the applica- tion. AF. Violation Shut°Off. 1. If any person violates any of the pro- visions of Section III, Paragraph AB. 1., the water department may without notice cut off the water supply~ and it shall not be turned on again until delinquent and unpaid charges have been paid and a meter has been installed in accordance with this ordinance. AG. P. mployees Access to Premises. 1. Authorized employees of the water depart- ment, properly identified, shall have free access at proper hours of the day. to all part of the premises or within buildings thereon to which water is supplied from city water mains for the purpose of checking conformity to these regulations and to the ordinances of the City. AH. Refusal to Permit Inspection. 1. In the event the owner or occupant of any premises connected with the City water mains restrains or prevents authorized city employees from making city inspections, water service shall be discontinued until such inspection is completed. Al. Failure to Comply with Health or Building Regulations. 1. Whenever any water user fails or refuses to comply with directives or regulations of the department of health, or to obtain a building permit, the water service to such premises will be shut off. AJ. Mains Outside City Limits. 1. In areas outside the City limits all mains and services must be installed in accordance with plans and specifications approved by the City and the County Health Department and at the expense of the applicant. 2. Applications for extensions and services to temporary mains may be disapproved wherever pressure and capacity are considered inadequate for additional service. In. areas outside the City where consumers are now connected to temporary mains, the City may require them to contribute towards the cost of permanent mains, as herein provided, by giving written notice to all consumers involved that ninety days from the date thereof the City will cease to supply water to such temporary mains. Such notice may be by publication, or by direct notice to all consumers, or both. Upon receipt of such notice, the consumers involved shall start making arrangements with the water department for the construction of permanent mains; consumers who have heretofore contributed towards the cost o£ existing temporary mains shall be allowed a credit of fifty cents per front:~ foot of temporary mains on the cost of the permanent mains. AK. Water Districts - Sale of Surplus Water. 1. Where water districts shall have been regularly organized, pursuant to the laws of the state, and desire to purchase water from the City, surplus water may be sold to such regularly organized water districts pursuant to contract, under such terms and under such conditions as shall be deemed fair and -27- '~,... equitable by the Cf ' Council; provided, howev , that written contracts must be read and approved by the City Council in session. AL. Water Districts Pressure Zones. 1. In cases where it is necessary to operate either single or multiple booster pumps to serve the area covered by any water district, such area may be divided into pressure zones and such zones be required to pay different rates as compensation for the extra cost occasioned by the operation of such booster pumps in supplying water to each area. 2. A low pressure zone shall be considered as any area where water is supplied without the aid of booster pumps. 3. An intermediate pressure zone shall be considered as any area where water is supplied with the aid of one set of booster pumps. 4. A high pressure zone shall be considered as any area where water is supplied with the aid of multiple sets of booster pumps. A~. Water Districts - Rates. The rates for water supplied to incorporated water districts through master meters, shall be as follows for one month or £rac~onal part thereo£: 1. Rates in Lower Pressure Zones: For six hundred cubic £eet per month per user two 'dollars and fifty-five cents. Over six hundred cubic feet per month per user, per one hundred cubic feet o twenty- five cents. 2. Rates in Intermediate Pressure Zones: For six hundred cubic feet per month per user - t~e dollars and ninety- five cents. Over six hundred cubic feet per month per user, per one hundred cubic feet - twenty-five cents. $. High Pressure Zones: For six hundred cubic feet per month per user - three dollars and forty-five cents. Over six hundred cubic feet per month per user, per one hundred cubic feet - thirty cents. AN. Commissioners to Represent City - Appeal. 1. The Commissioner of Finance in the case of rates and charges, and the Commissioner of Public Works and Utilities in all other cases shall have the authority to decide on behalf of the City any questions that may arise through the necessity of interpretation of this chapter or other ordinances of the City relating to the water department, and his decision in such case shall be final, subject to the right of the person aggrieved thereby to appeal from such decision to the City Council, by giving written notice of such appeal within ten days from the date such person is notified of such decision. AO. Enforcement. 1. It shall be the duty of the employees of the police, fire, engineers and streets and w.mter departments to give vigilant aid in the enforcement of the provisions of this chapter and sha~l report all violations hereof which come to their knowledge to the office of the superintendent. AP. Unlawful for Unauthorized Person to Tamper with Water Equipment. 1. It is unlawful for any person, unless duly authorize~ to disturb, interfere with, or damage any water main, water pipe, machinery, tools,mmeters or any other appliances, buildings, improvements, or other appurtenances belonging to, connected with, or under the control of the municipal water supply system of the City. AQ. Unlawful to Bathe in or Throw Objects into Reservoir. 1. It is unlawful for any person to bathe in, fish in or throw any substance into any reservoir, or place any foreign substance upon any grounds belonging to, connectdd with or under the control of the municipal water supply system o£ the City. AR. Statements. 1. Statements for charges shall be sent monthly or bimonthly, as may be determined by the City Council and shall become delinquent if not paid by the consumer within fifteen days after date thereof. AS. Shut-Off by City - City Not Responsible for Damage. 1. The water department reserves the right at any time, without notice, to shut off the water supply for repairs, extensions, nonpayment of rates, or any other reason and the City shall not be responsible for any damage such as bursting boilers supplied by direct pressure, the breaking of any pipe or fixtures, stoppages or the interruption of water supply or any other damage resulting from the shutting off of water. AT. Miscellaneous Purposes. 1. Water for all other purposes not herein enumerated shall be furnished and charged for at either meter : rates or flat rates to be fixed by the water superintendent with the approval of the City (buncil. SECTION IV. Sewer Service A. Installation within the City Limits: 1. Whenever any area within the City not presently served by sewer shall request such service; the person or persons making such request shall provide for the payment of the standard construction costs by means of local improvement dis- tricts in the manner provided by law or by direct installation under the specifications and supervision of the City Engineer. In the event the City shall require the installation of trunks -30- or laterals of sizes in excess of those heretofore defined as standard, the actual additional cost of the sewer pipe in excess of that for the standard size shall be paid for from the sewer construction fund. Whenever the City shall determine that an area within the City is in need of sewer service and no request is made therefor, the City Council may provide for the installation thereof and payment of the standard construction costs by means of local improvement districts or in the manner hereinafter pro- vided. Whenever any area within the City not presently served by a sewer facility shall request such service and the request is such that the financial burden to be borne by the City is determined by the City to be excessive, then the person or persons making such request shall provide for payments in excess of the amount provided for in this chapter and in the manner provided by law. B. Services Beyond City Limits. 1. Any parcel of property that is contiguous to existing City limits must support annexation to the City as a condition of receiving City sewer services. 2. Requests for extensions of City sewer services to property not contiguous to existing City limits shall be presented to City Council for consideration. In the event City Council approves such requests, the City Council may attach conditions to the extension of sewer services as it may deem advisable under the circumstances surrounding the request. 3. Rates and charges for service outside the corporate limits of the City of Bremerton shall be 150% of the charges hereinafter set for services within the City limits. C. Delayed Benefit Charges. 1. Whenever a sanitary sewer is extended through an undeveloped area within the City to provide service to a newly developed area, the property abutting such facility shall - 31- be subject to a delayed benefit charge when application for connection is made. Such delayed benefit charge shal! be equa! to the applicable front foot charge which would be determined under this Section in paragraph H.3. £ollowing. Payment of such delayed benefit charges sha~! exempt the property for which pay- ment is made from any subsequent iota! improvement district assessments for sanitary sewer facilities. Delayed benefit charges, connection charges~ and late connection charges may be paid' at the time of application or in monthly installments over a period not to exceed ten years from date of connection with interest as specified by the City Council on the unpaid balance. Unpaid balances shall be a lien upon the property to which connection is made~ superior to all other liens and encumbrances except those for general taxes and special assessments. They may be foreclosed in the same manner provided by law for the fore- closure of delinquent local improvement district assessment liens. The agreement shall be recorded in the Office of the Kitsap County auditor at the expense of the property owner and upon payment in full, a release of the said lien shall be executed by the City. D. Reimbursement Agreements. 1. The City may enter into reimbursement agreements to partially repay developers for the costs of constructing "extended lines". Such agreements shall be approved by the City Council. 2. Plans and specifications for a proposed extensions shall be first approved in writing by the City Engineer. The specifications shall include bonding and insurance for the builder, shall hold the City harmless, and shall provide a guarantee on workmanship and materials for a period of one year from the date of accp~tance by the City. 3. The developer shall secure all necessary easements or rights-of-way at no cost to the City. Such instruments shall be to the benefit of the City and shall include continuing rights for operation, maintenance and replacement. Title to the completed improvement shall be in the City. 4. The cost of an "extended line" shall be the "fair cost" estimate as determined by the City Engineer based on current costs for similar types of construction. 5. The amount of any reimbursement shall be limited to the connection charges to others actually accruing to the City for direct connections to the extended line, and to construction charges applicable to the developed area, and shall in no case exceed the "fair cost" estimate. E. City Responsibility for Sewer Lines. 1. The City shall operate, maintain and replace, as may be necessary, all City sewer lines within the street rights-of-way. F. Unlawful Discharge into City Sewer System. 1. It shall be unlawful for any person, firm or corporation to discharge the contents of any septic tank, cesspool or chemical toilet into the City sewer System except at places and times designated by the Commissioner of Public Works and Utilities, at the sewage disposal plant. G. Discharge at Sewage Disposal Plants. 1. Any person, firm or corporation desiring to discharge sewage discussed in Paragraph F above at the sewage disposal plants of Bremerton, shall first pay an annual fee of fifty dollars, to the City Treasurer, and shall present the receipt to the City Clerk, who shall issue a license authorizing that person, firm or corporation to discharge such sewage in accordance with rules and regulations of the Commissioners promulgated under the authority of this ordinance. Such discharge 33 - shall be permitted only to those persons, firms or corporations living or doing business within the City of Bremerton, or City of Bremerton agencies. H. Rates and Charges. 1. The rates to be charged for sanitary sewer service shall be as hereinafter provided, and shall be adequate to provide for the costs of bond redemption, bond interest charges, maintenance and operation of the City sewer system, and replacement and extzm~ions to the system. 2. Sewer Service Charges. a. Sewer service charges are payable from the date that sewer service is made available to occup&ed property. This date is the date that the public sewer constructe~d to serve the said property is accepted by the City or the date the property is connected to the sewer whichever is earliest. b. Sewer service charges will be levied when possible on the basis of water metered to the premises at forty- five cents per one hundred cubic feet per month up to the minimum cubic feet specified in the chart below, and at thirty-five cents per one hundred cubic feet thereafter. ~VATER METER SIZE MINIMUM CUBIC FEET 5/8 to 3/4 inch ............................... S00 1 inch ........................................ 1000 1 1/Z inch .................................... 1S00 2 inch ........................................ 2500 3 inch ........................................ 4 inch ........................................ 7S00 § inch ........................................ 1S000 8 inch ........................................ 30000 10 inch ....................................... S0000 12 inch ....................................... 72000 -34- c. The Commissioner of Public Works and Utilities may establish a ceiling on sewer service charges to commercial premises when the user substantiates to the satisfaction of the Commissioner that a significant portion of the water metered to the premises is not returned to the sewer system. d. Sewer service charges to premises eligible for irrigation rates during periods when irrigation rates are in effect shall not exceed the charges based on average monthly water consumption when irrigation rates are not in effect. e. Those premises within the City limits served by the Bremerton sewer system, but not served by the Bremerton water system shall pay the same monthly sewer service charge as the other City residents upon the receipt of the Water Usage furnished by the Independent Water District, and if this information is not available, those customers shall pay a monthly service charge of $2.95. At such time as these premises may commence to be served by the Bremerton water system, sewer service charges will be levied on the basis of water metered to the premises. 3. Connection Charges will be determined by the City Engineer on the basis of the following: a. Class A Connections (1) Single family dwellings - Two hundred seventy-five dollars per lateral service connection including inspection and permit fees. (2) Multiple family dwellings - Twenty-five dollars per residential unit but not less than two hundred seventy-five dollars per lateral service connectiOn including inspection and permit fees. (3) Commercial buildings - $.025 per square foot of floor space but not less than two hundred seventy- five dollars per lateral service connection including inspection and permit fees. (4) Unoccupied property - No charges. b. Class B Connections (1) Single family dwellings - Seven - 35 - dollars per construction front foot of property fronting on the sewer line but nOt less than two hundred seventy-five dollars per lateral service connection to the property. (2) Multiple family dwellings - Seven dollars per construction front foot of property fronting on the sewer line bm twenty-five dollars per residential unit whichever is greater but not less than two hundred seventy-five dollars per lateral service connection to the property. (5) Commercial buildings - Seven dollars per construction front foot of property fronting on the sewer line or $.025 per square foot of floor space whiehever is greater but not less than two hundred seventy-five dollars per lateral service connection to the property. (4) "Unoccupied Property". At the time that structures requiring sanitary sewer service are constructed on unoccupied property the construction charge which is in addition to the Late Connection Charge will be determined as provided in subparagraph (1) , (2) , or (5) above. c. Class C Connections (1) Single family dwellings - Eighteen dollars per waZerfront construction front foot but not less than nine hundred dollars for the first lateral connection and two hundred seventy-five dollars for each additional lateral connection to the property. (2) Multiple family dwellings - Eighteen dollars per waterfront construction front foot or fifty dollars per residential unit whichever is greater, but not less than nine hundred dollars for the first lateral connection and two hundred seventy-five dollars for each additional lateral connection to the property. (3) Commercial buildings - Eighteen dollars per waterfront construction front foot or $.05 per square foot of floor space whichever is greater, but not less than nine hundred dollars for the first lateral connection and two hundred seventy-five dollars for each additional lateral connection to the property. (4) Unoccupied property. At the time that structures requiring sanitary sewer service are constructed on unoccupied property the construction charge which is in addition to the Late Connection Charge will be determined as provided in subparagraph (1), (2), or ($) above. d. Other Connection Charges. The connection charge for those sewer facilities that are not constructed by a local improvement district and not constructed by a private party as an extended service shall be established by special ordinance covering said facilities. e. Connection charges shall be adjusted 6n January 1 of each year based on the Consumer Price Index for November of the year preceding for all items as reported in "Economic Indicators" prepared by the Council of Economic Advisers. The CPI for the rates herein published is 157.5 based on the report for November 1975. 4. Construction Charges. a. Construction charges are payable from the date that sewer service is made available to occupied property, but no later than the date the sewer installation serving the property is complete and accepted by the City. b. Construction charges for those sewer facilities not constructed by a private party as an extended service shall be established by a special ordinance covering said facilities. Starting and ending dates' for the construction charges will be specified in the special ordinance. c. Construction charges being levied as of the date this ordinance becomes effective shall continue in effect until present sewer system revenue bond indebtedness is -37- retired unless sooner cancelled by separate ordinance. d. Construction charges levied subsequent to the date of this ordinance shall continue in effect until the revenue bond indebtedness at the date of the levy shall be retired. e. Rates: Class A Sewer Line Connections - No charge. Class B and C Sewer Line Connections - Three dollars per month per lateral connection serving the premises. 5. Other Charges. a. Occupied lm~lperties that connect to a sewer less than 50 days after its completion and acceptance by theCCity shall be charged in addition to connection charges, any additional costs of street restoration, but are not required to pay an inspection fee. b. Unoccupied properties that connect to a sewer more than 60 days after its completion and acceptance by the City shall be charged, in addition to connection charges, the costs of street restoration, a twenty-five dollar inspection fee and a late charge of ten dollars per quarter not to exceed forty quarterss For purposes of this paragraph, quarters begin on the first day of January, April, July, and October and end on the last day of March, June, September and December. I. Water Shut-Off for Non-Payment of Sewer Charges. 1. Sewer service charges, connection charges, construction charges together with any other charges levied in accordance with this ordinance shall be a lien on the property to which the sewer service has been made available, which lien shall be superior to all other liens and encumbrances except those for general taxes .and local and special assessments. -58- 2. Any such charge not paid before delin- quency shall give the City the right, and the water superintendent the duty, to shut off the water service to the premises for which such charge is delinquent. J. Each building or co~mercial structure served by the Bremerton sewer system sh~ll have a separate lateral. K. All plans and specifications for change or addition to the sanitary sewer Fl~stem shall be first approved by the City Engineer. SECTION V. Penalty for Violations. A. Any person, firm or corporation violating any provision of this ordinance shall be guilty of a misdemeanor and on conviction thereof shall be punished by a fine in a sum not exceeding three hundred dollars or by imprisonment in the City jail for a period not exceeding ninety days, or both. APPROVED l~y the City Council on the first reading this 17th day of July, 1974. PASSED by the City Council of the City of Bremerton signed by the Mayor and attested by the City Clerk in authentication of such passage this ~'~//day of July, 1974. ATTEST: G -~. YEAc~,- St~'., dity Clerk · ~ -39-