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"Working for Better Water"
By-Laws
Adopted January 18, 2007
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We, the Board of Water Commissioners of Whitworth Water District No. 2,
(the District) do hereby certify that this is a true, correct and complete
copy of the amended Bylaws duly adopted by the District on the 18th day of
January, 2007. |
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Pursuant to the authority given it by RCW 57.12.010, Laws of the State of
Washington, the Board of Commissioners of Whitworth Water District No. 2,
Spokane County, Washington, does hereby adopt, establish and ordain the
following Bylaws, Rules and Regulations for the government and management of
the District and the operations of its water distribution system,
superseding the Rules and Regulations of the District as heretofore adopted
and previously published. |
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The Board of Commissioners of Whitworth
Water District No. 2 shall have the authority to repeal, modify or add to
these Bylaws, Rules and Regulations at any meeting called by the President
or three or more members of the Board and such amendment shall take effect
at the expiration of 10 days thereafter upon immediately posting notice of
such amendment at the office of the District.
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A. Office
District office hours for payment of bills and any other business
pertaining to the operations of the water system will be between the
hours of 7:30 a.m. and 4:00 p.m. daily except Saturdays, Sundays and
legal holidays.
B. Regular Meetings
Regular meetings are scheduled for the first and third Thursday of
the month at 4:30 p.m. and may be held as often and at such times and
dates as shall be determined by resolution of the Board of
Commissioners, a copy of which resolution shall be posted in the
District office. Other meetings may be arranged by a quorum of the
Board of Commissioners whenever it is necessary.
C. Annual Meetings
The Board of Commissioners may hold one meeting per year for the
purpose of making a report to the water users of the District, said
meeting to be held on a date set by the Board.
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A. Establishment
Rates to be charged for water received will be established by the
Board of Commissioners and periodically reviewed and/or adjusted by
resolution of the Board, said resolution to be incorporated within the
Bylaws of the District and be binding following passage of the
resolution. For each fiscal year the Board shall fix rates which
will provide an estimated income to equal expenses and debt service
relating to water bonds or when an emergency declared by the Board
requires additional revenue.
After a petition signed by at least one hundred District water users
is filed with the Board clerk asking the Board to review said rates or
for any changes or alterations thereto, the Commissioners shall place
the matter on the agenda at the next regular meeting. At the time
appointed for hearing objections to the establishment of the revision of
rates, the Board shall hear all objections which have been filed and
shall determine the correctness of the rates, and this determination
shall be final.
B. Rate Equity
Each property owner must pay equal rates for the same class of
service and must also pay his bill in the time allotted by the Board of
Commissioners as set forth in the schedule of rates. In defining
the various classes of service, the Board may consider the difference in
cost of service to the various customers and the location of various
customers within and without the District, the difference in cost of
maintenance, operation and replacement of the various parts of the
system, the different character of the service furnished various
customers, and capital contribution made to the system, including, but
not limited to, assessments and any other matters which present a
reasonable difference as a ground for distinction in arriving at a
different class of service.
C. Construction Water
While any new construction is under way and the property is not
metered, the Commissioners may, in their discretion, charge a reasonable
amount for the use of water, which charge should not be less than the
basic rate then being charged. The District may require that all
costs including the connection charges and anticipated costs as set
forth in the rate schedule be paid before any water is served to the
premises.
D. Fire Protection
No charge shall be made for water used by the Fire District in
extinguishing fires within the District.
E. Deposits
The Commissioners shall have the right to require a deposit of such
sum as they deem necessary to insure the payment of water charges as
they become due. This deposit will be returned to the depositor
when the service has been discontinued and all accrued charges have been
paid.
F. Owner Responsibility
Property owners who rent their property shall be responsible for all
water charges and water will be turned on only by written order of said
owner or his agent to the District Billing Department.
G. Returned Checks
The District shall have the right to charge a reasonable fee for
processing insufficient fund checks, no-account checks and postdated
checks when such checks are received in payment of charges for water by
the District.
H. Other Charges
1. All labor, material and miscellaneous charges borne by
the District will be passed on to the property receiving the service.
2. After hours call outs will be billed out at a two hour
minimum regardless of the amount of time spent at the residence.
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A. General
The District Manager or his agent may make adjustments or refunds
where it is deemed necessary for the proper conduct of District
business. A full explanation of the reason for the adjustment or
refund must be filed within the office records.
B. Adjustment
Where a leak exists in the water system on the property side of the
meter and it has been repaired, the District Manager or his agent may
allow an adjustment of the bill based on the extenuating circumstances
if the leak has been repaired in a timely manner.
A. Late Charges
All water charges are payable at the District office on or before 15
days after the bill is issued and if not paid in 40 days from the
billing date then all connection charges and/or rates and charges shall
be considered as delinquent, and there shall become due an additional
charge of 10% on each delinquent charge.
B. Liens
Forty days after the billing date, the person responsible for an
unpaid bill will be notified in writing of the delinquency, and should
that account not be paid in full within the next 20 days after being
sent the delinquency notice, a lien may be filed against the property
(RCW 57.08.081).
C. Service Shut Off
After connection service fees or various water charges have been
delinquent for 30 days, water to the property may be completely or
partially shut off and will remain off until said account's accrued
charges, penalties and interest are paid in full. The District may
also bring a suit for foreclosure at the time (RCW 57.08.081(3).
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All water service by the District is subject to temporary interruptions
resulting from breakdowns of the District's system or shutoffs required in
connection with the making of the necessary repairs to the District's
system or extensions or improvements thereof or other necessary purposes.
The District does not guarantee a continuous supply of water in all
events and any water user who requires a constant supply of water should
install upon his premises such water storage facilities as would prevent
damage in case water service from the District is temporarily interrupted
for any reason.
The District will endeavor to prevent breakdowns and to maintain the
system in proper working condition at all times, subject to causes beyond
its control. Likewise, subject to causes beyond its control, the
District will furnish water of the pressure, quantity and quality required
by the Washington State Department of Health Minimum Standards to water
users within the District. However, if it is predetermined that an
in-line booster is necessary to satisfy this, the customer will pay for
the cost of installing this on the service line after the meter.
Water meters will generally be read during the same day of
each month and must be accessible at all reasonable times to Meter Readers.
During the winter months, however, only those meters that it is suspected
will register more than the minimum provided under the schedule of rates
will be read and meters not read will be charged the basic rate per month under
the schedule of rates. Any necessary adjustment of charges will be
made with the next meter reading. The water month extends from the
first day of the month to the first day of the next month.
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The District reserves the right, in times of emergency
declared by a majority of the Board, to adopt a Water Conservations and
Emergency Water Use Policy restricting water usage to the extent necessary
to provide a fair distribution of available water.
A. Illegal Turn-On
It shall be a violation for any person or persons not employed by
Whitworth Water District to open or shut any main valve or to tamper
with or damage any portion of the water system. Any violator of
this provision shall be subject to an assessment of $150.00 plus the
cost of repairing the main valve or meter.
B. Application to Turn On Water
Requests to turn on water must be made to the District Maintenance
Department. The owner or his designee must be on-site when the
water is turned on.
C. Private Provisions of District Water
No owner or lessee of property shall furnish water to any other
person or property without first obtaining permission to do so from the
District Superintendent. In the event of a violation the
District may turn off the water. On and off charges, illegal turn
on assessments and other per connection charges will be made in
accordance with the current water rate schedule.
D. Temporary Shutoffs
A property owner or lessee will have the right to temporarily
discontinue District domestic water service upon notifying the Billing
Department in writing to that effect. Thereupon, the Maintenance
Superintendent shall immediately shut off the water connection to the
property involved, provided that such discontinuation of service shall
not relieve the property owner or lessee of his liability to pay all
accrued prorated water charges, or the amount of water consumed as shown
by a meter reading and not already paid for. Thereafter, no charge
will be made against such property for the water service until the water
service is again connected to said property.
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All expenses of operation and upkeep of the water system of
the District, including the mains in the street, roads alleys and land, for
which an easement has been granted the District, shall be paid by the
District; however, when expenses are incurred for the special benefit of a
property owner or lessee, they shall be paid by the owner or lessee of the
property served. The District shall be responsible for maintenance and
repair and replacement of pipes up to the meter including maintenance and
repair of the meter. The foregoing shall apply except in those
instances where the meter is located in the house or dwelling or building;
in that case the District shall be responsible for maintenance, repair and
replacement of the pipe up to and including the shutoff valve nearest to the
connection with the main.
A. Main Extensions
The District may require any customer wishing to receive service to
install main extensions as a condition of receiving water so that the
new area to be served will have adequate water service and sufficient
water for fire protection. Mains are to be installed across the
front of the property, corner to corner. If a corner lot, the main
shall be installed around the corner to the end of the property.
B. Water Rights
The District, depending on water
availability circumstances at the time, may require a person who is
developing property to provide the District with sufficient water rights
to serve their proposed development. This is not done through a
monetary contribution to the District but through actual acquisition of
the rights by the Developer.
C. Developer
All expenses of installation, including labor and material, pipes,
meters, valves, meter boxes and other necessary accessories for a
private property connection with the water main or lateral in the
street, road or alley shall be paid by the owner or lessee of the
property served.
D. Connection
In addition to the foregoing cost, a connection fee shall be charged
for the privilege of attaching to the system and receiving water from
the District, which fee shall be set out in the
basic rate schedule. Connection
fees shall be adjusted periodically in the same manner as the water
rates as set out in Section 5 herein.
E. ULID Formation
The language contained in the foregoing provisions shall not prevent
the Commissioners or the landowners from instituting either a local
improvement district or utility local improvement district procedure
where the property is assessed in accordance with the benefit received.
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A. Tampering
It is unlawful for any person to operate, alter, change, remove,
disconnect, connect with or interfere in any manner with any fire
hydrant owned or used by the District without first obtaining a Hydrant
Use Permit and/or permission to do so from the Maintenance
Superintendent.
B. Permitted Use
Fire hydrants are available for use of the Fire Department in the
suppression of fire within the District. The District may permit
short term use of specified hydrants for activities such as street
cleaning, pool filling and ditch settling; however, in each instance a
permit is required. Backflow protection will be required on all
potential hazards to the public water supply as determined by the
Maintenance Superintendent or Water Quality Specialist.
C. Installation
A contractor shall install fire hydrants as part of his subdivision
at his expense in accordance with Fire Department Standards and District
Specifications and will turn these over to the District at such time as
the mains and appurtenances are accepted by the District to become part
of the District's system. A connection fee shall be charged for
each hydrant installed in accordance with the current
rate schedule.
D. Maintenance
The district is responsible for the maintenance of all fire hydrants
connected to its system except for private hydrants.
E. Accessibility
Fire Department Standards (Sec. 10.105) require that there be a clear
area around the hydrant of not less the 36" as measured from the outside
edge of a barrel or port. Also, if a hydrant is located behind a
fence, an unlocked gate is required in order to provide easy access to
it. If a Whitworth employee repairs a hydrant that does not
conform to this Standard because it is blocked by items such as bushes,
shrubs or mailboxes, he must remove these obstructions in accordance
with the Fire Standards.
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All backflow installation practices, devices and testing
procedures will be in accordance with the District backflow prevention
policy and State Drinking Water Regulations. Copies of this policy and
the State Regulations are available from the Whitworth Water District
Office.
A. Cross Connection Inspection
To the extent permitted by Law, employees of the District, with
proper identification, shall have access during reasonable hours of the
day, to all parts of buildings and premises for the purpose of
inspecting the condition of water pipes and plumbing to determine
whether cross connections exist and the manner in which the water is
being used. If access is denied or a cross connection exists,
water service to the premises shall be discontinued (WAC 246.290.490).
B. Meter Maintenance and Repair
To the extent permitted by Law, properly identified employees of the
District shall have access at reasonable hours of the day for
maintaining and repairing a meter or installing an ARB.
Whenever the owner of any premises supplied water by Whitworth Water
District prohibits a District employee from reading or repairing a meter
or installing an ARB unit, water service to the premises may be
discontinued 60 days after access has been denied. If, however,
prohibiting access could be detrimental to the health, safety and
welfare of the remaining District customers, the water to those premises
may be shut off immediately and the Department of Health will be
notified.
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A. District
1. The District owns and controls all of the water mains
and laterals laid in the street, roads, and alleys or on land for which
an easement has been granted to the District. The planning of the
water mains and laterals is the responsibility of the Board of Water
Commissioners and the District's Engineer and the District may at its
discretion determine which lines, mains or laterals are service lines.
2. Titles to the meters shall remain with the District.
B. Property Owner
A property owner owns everything after the District's shut off valve
located inside the property line except the water meter. The
property owner is responsible for the care, maintenance and replacement
thereof. If repairs of the water property are not taken care of by
the property owner or lessee immediately upon notification, the District
may make the necessary repairs or, at its option, shall have the water
shut off until the owner makes said repairs. If District charges
for these repairs are not paid within 60 days after the completion of
the work, the water will be shut off to the property and an additional
charge, as set forth in the water rate
schedule, will be added to the account for turning the water off and
on.
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A. Service to Property
1. When a party or parties petition the District to have
their property served with water, the Board of Commissioners may impose
within their actual or implied power any reasonable prerequisite as a
condition precedent to the property in question being served with water.
2. For all property that anyone wishes to have served
with water, within or without the boundaries of the District, the owner,
developer, or their agents must present to the District a map or plat
that shows the location of the property to be served and the number of
customers they hope to serve. With this information the District
can advise the interested party how to proceed. Approval to extend
and connect to the system shall depend upon the adequacy of both the
existing water system and the projected water system and on the
sufficiency and availability of water.
3. Whenever the District's water system is extended by
the owner or property or a development and said system is then connected
to the existing system of the District, the following shall be required
before water to the property is turned on:
 | Bill of Sale |
| Complete set of as builts |
| Cost Sheet |
| Easements |
| Performance Bond |
| Billing Department certification that all outstanding charges,
including penalties, have been paid. |
4. All mains, laterals, service lines and connections
shall comply with the Comprehensive Plan and the Specifications that
have been adopted by the District.
B. Service Size
1. Service lines on an owner's or lessee's property
leading from the mains or laterals shall be laid not less than four and
one-half feet beneath the surface of the ground and must be inspected by
the District's Maintenance Department personnel before it is covered.
No water service will be furnished to said property unless the
installation is approved by the Maintenance Superintendent or designee.
2. Service lines from the main to the building or
residence shall be a minimum of one inch diameter.
C. Approval for Installation and Removal of Water Service
An owner or lessee shall not connect his pipe with the water main in
the street, road or alley, except by permission of the Superintendent of
the District and under his supervision. Any expense incurred by
the District in making such connection with the water main shall be paid
by the owner or lessee of the property connected with the water main and
an application or contract must be signed in advance of the service.
D. Installation of Service from Meter to Building Served
A separate service line shall be required for each dwelling, house or
business building; however, in the case of multi-family units the
District may require one or more meters for each multi-family unit, and
charges shall be in accordance with the then existing rate schedule.
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A. Installation
1. Every service connection shall have a water meter
which will include all necessary accessories, and shall be furnished and
installed by the District under the supervision of the District's
Superintendent. Meters will be installed inside dwellings or
buildings unless an outside installation is approved by the Maintenance
Superintendent or his designee. All outside meters must be in a
good and sufficient meter box installed under the District
Superintendent's supervision.
2. A separate meter shall be required for each dwelling,
house or business building; however, in the case of multi-family units,
the District may require one or more lines and/or one or more meters for
each multi-family unit, and charges shall be in accordance with the then
existing
rate schedule.
3. The District has the right to install the meter any
time after the system connection has been made.
B. Installation Costs
A fee to cover the cost of the meter and its installation shall be
charged to and paid for by the applicant before water is turned on.
C. Meter Ownership
Title to the meters shall remain with the District.
D. Meter Maintenance and Outside Repair
1. A meter that is suspected of registering incorrectly
will be removed for inspection and if found to be defective because of
normal wear will be replaced at the expense of the District. If
found to be defective due to tampering or negligence on the part of the
owner or lessee, the cost for removing and reinstalling the meter, plus
the cost of meter repair will be paid by the owner or lessee.
2. If a customer requests his meter be pulled to check
its accuracy and the meter is accurate, the customer will pay for the
test; if the test shows the meter is inaccurate, then the District will
absorb the test cost.
3. The District maintains the meter for accuracy and
leaking; however, the customer shall be responsible for damage to the
meter due to freezing or vandalism or damage due to a faulty or missing
meter lid or meter box.
4. The customer/owner is the owner of the meter box and
meter lid and is responsible for all repair and maintenance of the meter
box and meter lid. If the meter is damaged due to a faulty meter
box or lid or the failure of the customer/owner to repair or maintain
the same, the customer/owner shall be responsible for the cost of repair
or replacement of the meter.
5. If, upon inspection or observation, it comes to the
District's attention that a meter box or meter lid is in need of repair
or replacement, the District may notify the customer/owner of the need
for such repairs and will give the customer/owner five (5) working days
to complete such repairs. If such repairs are not timely made, the
District may perform such repairs as are necessary to safeguard its
meter and shall bill the customer/owner for the cost of such repairs.
6. The owner or lessee of the property is responsible for
insulating the meter pit in the winter to prevent freezing of the meter
and for cleaning the meter pit so it is free of debris. If the
meter freezes, whether inside of outside the house, the owner will be
charged for repairs to the meter.
7. If water is running and the District is called to shut
if off by someone other than the owner/lessee and the owner/lessee
cannot be located, the owner/lessee will be charged for the shut off
and/or repair to the meter even though the shut off or repair was not
authorized by them.
8. Irrigation deduct meters will be installed after the
District's meter at the owner's expense.
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A. District customers should carefully review their bills
for over charges or errors. The District retains account records for
three years; thus refunds or credits are limited to a time period going
back three years.
B. Billing errors are adjusted by the Whitworth Water
District Manager and are made by way of a credit to the customer's account
with the District.
C. Where, upon reasonable examination, a party receiving or
responsible for a District bill should have discovered an error or
overcharge, or where the overcharge is made because of erroneous
information not the result of District errors, refunds may be denied.
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Return to Home Page |
Newsletter |
Board Meetings |
Conservation |
Kids |
Rate Schedule
|
By Laws |
Specifications |
Contact Us |
Preventing Pollution |
Links |