13-153

No. 13-153

TOWN OF CATHLAMET

ORDINANCE #565-13

AN ORDINANCE OF THE TOWN OF Cathlamet, WASHINGTON, ADDING CHAPTER 13.85 TO THE Cathlamet MUNICIPAL CODE (CMC) TITLE 13, PROVIDING FOR HONORING OF THE INTERLOCAL WATER SUPPLY CONTRACT WITH PUBLIC UTILITY DISTRICT NO. 1 OF WAHKIAKUM COUNTY FOR THE PUGET ISLAND WATER SYSTEM THROUGH DECEMBER 31, 2037, AND NONRENEWAL THEREAFTER.

WHEREAS, the Town of Cathlamet (“Town”) owns and operates a drinking water treatment plant and distribution system to serve customers within Town limits and surrounding areas pursuant to applicable federal and state statutes; and

WHEREAS, the Town also utilizes its plant and distribution system to deliver water to Public Utility District No. 1 of Wahkiakum County (“PUD”) which the PUD distributes and resells to customers of its Puget Island Water System (“PIWS”); and

WHEREAS, the Town must prudently maintain the fiscal health of its water utility to ensure its ability to continue to deliver safe, reliable drinking water to its existing customers, and provide capacity for future development within its immediate service area; and

WHEREAS, the Town has been advised by the Washington State Department of Health Office of Drinking Water (“Office of Drinking Water”) to avoid overreliance on its single water source in the Elochoman River and should work to identify and develop a secondary water source, preferably in a different watershed; and

WHEREAS, the Town has also been advised by the Office of Drinking Water that the Town should establish a maximum quantity limitation of the amount of water it sells to the PUD; and

WHEREAS, the Town and PUD have been attempting to renegotiate the current contract governing the Town’s sale of water to the PUD, but have not yet reached agreement with respect to contract terms; and

WHEREAS, the Town and PUD will each need many years of planning time to develop alternate water sources, facilities and plans in the event that the contract is not successfully renegotiated, or is for any other reason not renewed beyond its current term; and

WHEREAS, both the Town and PUD are best served by having clear notice of the Town’s intent not to renew the contract to enable both entities to engage in such planning activities in sufficient time to provide for the efficient provision of water to their respective customers; and

WHEREAS, the current contract governing the Town’s sale of water to the PUD for the PIWS expires December 31, 2037;

NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE TOWN OF Cathlamet AS FOLLOWS:

CMC Title13 – PUBLIC UTILITIES, Chapter 13.85 is hereby added as follows:

Chapter 13.85 Nonrenewal of Interlocal Water Supply Contract

13.85.010 Nonrenewal of Water Supply Contract Beyond Current Term.

The Interlocal Water Supply Contract between the Town and Public Utility District No. 1 of Wahkiakum County dated October 21, 1996, as amended, shall be honored until the end of its current term, December 31, 2037, after which it shall not be renewed.

This ordinance shall be in full force and take effect January 1, 2014.

Passed first reading: September 16, 2013

Passed second reading: October 21, 2013

Passed third and final reading: November 18, 2013

APPROVED:

GEORGE WEHRFRITZ

George Wehrfritz, Mayor

HANNAH BOOTH-WATTS

Hannah Booth-Watts, Council Position #1

WALTER WRIGHT

Walter Wright, Council Position #2

RICHARD SWART

Richard Swart, Council Position #3

ROBERT RENDLER

Robert Rendler, Council Position #4

RUTH A. DOUMIT

Ruth A. Doumit, Council Position #5

ATTEST:

TINA SCHUBERT

Tina Schubert, Clerk/Treasurer

Approved as to form:

HEIDI L. HEYWOOD

Heidi L. Heywood

Town Attorney

Publish November 28, 2013