CITY OF PROSSER, WASHINGTON ORDINANCE NO

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1 CITY OF PROSSER, WASHINGTON ORDINANCE NO AN ORDINANCE REPEALING ORDINANCES 2438, 2359, 2304, 2175, 2103, 2043, 1977, 1894 AND PROSSER MUNICIPAL CODE CHAPTER AND ENACTING PROSSER MUNICIPAL CODE CHAPTER TO BE KNOWN AS IRRIGATION WATER RATES AND REGULATIONS. THE ORDINANCE SETS RATES FOR IRRIGATION WATER AND MAKES CERTAIN VIOLATIONS OF THE ORDINANCE CIVIL INFRACTIONS WITH A MONETARY PENALTY OF $ THE ORDINANCE ALSO MAKES CONNECTION TO THE CITY'S IRRIGATION SYSTEM MANDATORY AND PROVIDED A PENALTY EQUAL TO THE AMOlJNT OF THE SERVICE RATE ESTABLISHED IN THE ORDINANCE AS A PENALTY FOR SUCH FAILURE TO CONNECT TO THE PROSSER IRRIGATION DISTRIBUTION SYSTEM. THE ORDINANCE ALSO MAKES THE PROVISIONS OF CHAPTER SEVERABLE FROM ONE ANOTHER. THE ORDINANCE ALSO MAKES THE PROVISIONS OF THE ORDINANCE SEVERABLE FROM ONE ANOTHER, AND SETS FORTH THE EFFECTIVE DATE OF THE ORDINANCE AS JANUARY 1, Whereas, the City of Prosser and the Sunnyside Valley Irrigation District (SVID) have entered into a billing agreement where the City pays for all irrigation assessments for all property within the boundary of SVID; and Whereas, without the billing agreement parcels within the boundary of SVID would have been assessed and billed by SVID for irrigation water; and Whereas, it is fair and equitable and a reasonable rate to charge all parcels within the City Limits of the City of Prosser and within the boundaries of SVID a base rate roughly equivalent to the amount of the SVID assessment to the City of Prosser divided by total square footage of parcels both within the City of Prosser and within the boundaries of SVID; and Whereas, it is fair and reasonable to charge all parcels which are connected to the City's irrigation distribution system a service rate equivalent to the cost of the city to maintain and administer the irrigation distribution system based upon the square footage of each parcel; and Whereas, the City is committed to conservation of its potable water supply; and Whereas, the City will conserve potable water by requiring all parcels with access to irrigation water to connect to the City's irrigation distribution system; and Whereas, it is reasonable to assess a penalty to persons who have access to irrigation water but refuse to connect to the City's irrigation distribution system a penalty

2 equal to the amou11t of the service rate charged to parcels which are connect to the City's irrigation distribution system; and Whereas, the imposition of such penalty is intended to encourage owners of parcels which have access to irrigation water to connect to the City's irrigation distribution system; NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF PROSSER, WASHINGTON, DO ORDAIN AS FOLLOWS: Section 1. Ordinances number 2438, 2359, 2304, 2175, 2103, 2043, 1977, 1894, and Prosser Municipal Code Chapter are hereby repealed in their entirety. All delinquent charges assessed under such ordinances shall continue to be collected by the City of Prosser, Washington, in accordance with the provisions of such repealed ordinances. All penalties assessed under the repealed ordinances shall continue be valid and collectable by the City of Prosser, Washington. Section 2. Prosser Municipal Code Chapter is hereby established to be known as Prosser Irrigation Rates and Regulations. Section 3. Prosser Municipal Code Section s hereby established to read as Definitions. For purposes of this chapter the following definitions shall apply: "Access" means a parcel which is com1ected by a pipe or conduit to the city irrigation water distribution system or which can be connected to the city irrigation water distribution system mainline which is located in an adjoining public right-of-way. "Parcel" means a unit of land located within the city limits of the City of Prosser and having a separate legal description and number on record with the Benton County Assessor's Office. "Parcel with an irrigation water right" means a parcel which would be assessed irrigation water charges by the Suill1yside Valley Irrigation District if such parcel was not located in the city limits of the City of Prosser, Washington, whether or not such parcel has access to irrigation water. "Parcel without an irrigation water right" means a parcel which would not be assessed irrigation water charges by the Sunnyside Valley Irrigation District even if such parcel was not located in the city limits of the City of Prosser, Washington, whether or not such parcel has access to irrigation water. "PMC" means the Prosser Municipal Code.

3 "Year" shall mean from January I, to December 31. Section 4. Prosser Municipal Code Section IS hereby established to read as Parcels required to pay the Base Rate----Fec. All parcels with an irrigation water right shall pay the base rate. The base rate for each year shall be based on the square footage of the parcel and shall be calculated at the rate of $ per square foot. The square footage for each parcel shall be the same as the square footage determined by the Benton County Assessor's Office for that parcel. Section 5. Prosser Municipal Code Section is hereby established to read as Parcels required to pay the Service Ratc---Fee-Mandatory Hook up-- Penalty. In addition to the base rate, all parcels with an irrigation water right and with access to irrigation water shall pay the service rate, provided they are directly connected to the City of Prosser irrigation water distribution system. The service rate for each year shall be based on the square footage of the parcel and shall be calculated at the rate of $ per square foot. The square footage for each parcel shall be the same as the square footage determined by the Benton County Assessor's Office for that parcel. All parcels with access to irrigation water are required to connect to the City of Prosser' s irrigation system, unless they are connected directly to the Sunnyside Valley Irrigation District's water distribution system. Any owner of a parcel with access to irrigation water, and whose parcel is not connected directly to the Sunnyside Valley Irrigation District water distribution system, shall be assessed a civil penalty equal to the amount of the service rate. Such penalty shall be due and payable at the same time and in the same manner as the service rate would have been paid had the parcel been directly connected to the City of Prosser's irrigation water distribution system. Section 6. Prosser Municipal Code Section is hereby established to read as Parcel with no water right which uses irrigation water-rate. Any parcel with no irrigation water right, but which uses irrigation water, shall be charged the base rate in accordance with PMC and the service rate in accordance with PMC Section 7. Prosser Municipal Code Section is hereby established to read as Connection fees.

4 There shall be assessed and collected, prior to connection to the City of Prosser irrigation water distribution system, the sum of two hundred fifty dollars per connection. Section 8. Prosser Municipal Code Section is hereby established to read as Parcel not entitled to water right-denial of water. The City expressly reserves unto itself the right and power to withhold or withdraw water service to any parcel without an irrigation water right. Section 9. Prosser Municipal Code Section ts hereby established to read as Wastewater on City streets deemed nuisance. A. The rum1ing of irrigation wastewater upon the streets, alleys or public ways of the City by any person, except under the direction of the City, is declared to be a public nuisance and it is unlawful for any person to allow or permit any irrigation wastewater to run upon the streets, alleys or public ways of the City. B. In addition to other legal remedies available to the City, any person who violates the provisions of this section shall be issued a civil infraction in the amount of $ Civil infractions shall be issued and processed in accordance with PMC through PMC Section 10. Prosser Municipal Code Section is hereby established to read as Charges payable. The annual irrigation charges for each parcel shall be pro-rated and shall become due and payable in twelve equal monthly payments which shall be billed and collected as part of the owner's customary monthly utility bills as issued by the City. Section 11. Prosser Municipal Code Section is hereby established to read as Remedies. In the event an owner fails to pay the irrigation charge on a parcel owned by him, the City shall have the authority to terminate domestic water service to such property. Termination of such water service shall not limit other remedies available to the City. Section 12. Prosser Municipal Code Section is hereby established to read as

5 Use of water following disconnection deemed misdemeanor-penalty. Any person taking or using water after the service has been disconnected or who in any manner interferes with the locks or taps maintained by the City shall be issued of a civil infraction in the amount of $ Civil infractions shall be issued and processed in accordance with PMC through PMC Section 13. Prosser Municipal Code Section is hereby established to read as Severability. If any section, subsection, sentence, clause, paragraph, phrase, or word of this chapter should be held to be invalid or unconstitutional by a court of competent jurisdiction, such invalidity or unconstitutionality thereof shall not affect the validity or constitutionality of any other section, subsection, sentence, clause, paragraph, phrase or word of this chapter. Section 14. SEVERABILITY. The provisions of this ordinance are hereby declared to be severable. If any section, subsection, sentence, clause, or phrase of this ordinance or its application to any person or circumstance is for any reason held to be invalid or unconstitutional, the remainder of this ordinance shall not as a result of said section, subsection, sentence, clause, or phrase be held unconstitutional or invalid. Section 15. This Ordinance shall become effective at the latter of January 1, 2009 or 5 days after passage and publication as provided for by law PASSED by the City Council and APPROVED by the Mayor, this 9th day of December, ATTEST: CITY ATTORNEY Date of Publication: I r)./ 11 / J.oo g ' I