021-09 - Ordinance - Amending Chapter 13.04 Water and SewersIntroduced by:
Public Works Director
Requested by:
Public Works Director
Drafted by:
Public Works Director
Introduced:
August 25, 2009
Adopted:
August 25, 2009
ORDINANCE NO.021-09
AN ORDINANCE OF THE CITY OF PORT ORCHARD,
WASHINGTON, AMENDING PORT ORCHARD MUNICIPAL
CODE CHAPTER 13.04 "WATER AND SEWERS" BY
INCREASING THE WATER AND SEWER RATES
WHEREAS, the recent annexation of the McCormick Urban Village has resulted in
the loss of considerable water and sewer revenue because the fifty percent surcharge on
properties that are served outside City limits no longer applies to the McCormick Urban
Village; and
WHEREAS, the City has calculated the amount of lost revenue and the impact on
the water and sewer utilities' financial viability given the utilities' future Capital
Improvement Program needs; and
WHEREAS, the City Council desires to keep water and sewer rates reasonable but
must also balance the need to generate sufficient revenue to fund operations, maintenance,
and future capital improvements; and
WHEREAS, the City Council held properly noticed public hearings on August 11
and August 25, 2009 for the purpose of receiving public comment regarding the proposed
rate increases; now, therefore,
THE CITY COUNCIL OF THE CITY OF PORT ORCHARD, WASHINGTON,
DO ORDAIN AS FOLLOWS:
SECTION 1. Effective Date. This ordinance shall be effective October 1, 2009.
SECTION 2. Port Orchard Municipal Code 13.04.010 is hereby amended to read
as follows:
13.04.oio Bimonthly water rates.
Water rates are billed on a bimonthly schedule. The water rates, as
calculated bimonthly, are shown below:
(1) Cost for the first 5,000 gallons, bimonthly.
Size of Service Bimonthly Rate
Ordinance No. 021-09
Pace 2 of 10
1"
$
23.50
1-1/2"
$
26.50
2"
$
29.50
3"
$
35.50
4"
$
47.50
6"
$
68.50
8"
$
89.50
10"
$
113.50
(2) Consumption Charge
RATE 1
o to 3,000 gallons
$18.50
RATE 2
3,001 to 5,000 gallons
$22.50
RATE 3
5,001— 30,000 gallons
Rate 2 plus
$2.10/1,000 gal
RATE 4
30,001— 50,000 gallons
Rate 2 plus Rate 3 plus
$2.20/1,000 gal
RATE 5
50,001— roo,000 gallons
Rate 2 plus Rate 3 plus
Rate 4 plus
$2.30/1,000 gal
RATE 6
100,001 — 150,000 gallons Rate 2 plus Rate 3 plus
Rate 4 plus Rate 5
plus $2.40/1,000 gal
RATE 7 In excess of 150,000 gallons
(3) Fire Hydrant Service.
Schools
Private Service
(4) Temporary Construction.
One -Day Service
Rate 2 plus Rate 3 plus
Rate 4 plus
Rate 5 plus Rate 6 plus
$2.50/1,000 gal
$12.00 per hydrant
$22.00 per hydrant
$2.20/1,000 gallons or $22.50
whichever is greater
Construction Account As metered:
Ordinance No. 021-09
Page ,� of 10
o — 50,000 gallons $2.20/1,000 gallons
50,001— 1oo,000 gallons $2.30/1,000 gallons
100,001— 150,000 gallons $2.40/1,000 gallons
In excess of 15o,000 gallons $2.50/1,000 gallons
(5) Multiple Connections. Multiple connections are where more than one
customer is being served through a master meter and the billing is based on
the flow through such master meter. The minimum bimonthly billing is
determined by the number of customers multiplied by a rate of $22.5o. The
consumption charge will be computed by subtracting the amount equal to the
number of customers multiplied by 5,000 gallons from the total gallons
consumed. The rate of the consumption above 5,000 gallons will be $2.10
per i,000 gallons up to 30,000 gallons, $2.20 per 1,000 gallons from 30,001
to 50,000 gallons, $2.30 per 1,000 gallons from 50,001 to 1oo,000 gallons,
$2.40 per 1,000 gallons from 100,001 to 150,000 gallons and $2.50 per
r,000 gallons in excess of r5o,000 gallons.
(6) Properties Outside City Limits. Properties served outside the city
limits shall have a 50 percent surcharge on the monthly rate.
(7) Hydrant Meter Rentals. All persons renting a hydrant meter shall pay
a refundable deposit. The following rental fees shall apply to all persons
renting a hydrant meter: the first 6o days, no charge; the next 12o days, $250
for each 3o day period; in excess of 18o days, $500 for each 3o day period.
SECTION 3. Port Orchard Municipal Code 13.04.020 is hereby amended to read
as follows:
13.04.02o Bimonthly sewer rates.
(i) Sewer rates are billed on a bimonthly schedule. The sewer
rates, as calculated bimonthly, are shown as follows:
Description
Class
Single-family residences
1
Mobile home on single parcel
1
Business
2
Professional
2
Churches
3
Hotels, motels
4
Rest homes, care centers
4
Kitsap County jail
4
Apartments
5
Mobile home parks
5
Schools
6
Ordinance No. 021-09
Page 4 of 10
Kitsap County courthouse (main
7
complex)
Restaurants
8
Laundromats
9
Taverns
10
Car dealerships
11
Post office
12
Grocery stores
13
Bowling alley
14
Boat marina
14
Health maintenance organizations
14
Work release and juvenile facilities
14
Kitsap County public works building
14
Car washes
15
Beauty shops and barber shops
16
Day care
17
Gas stations
18
Assisted living units
19
Bed and breakfasts
20
(2) Bimonthly Rates
Class 1 $79.50
Class 2 $79.50 for each business with a fixture.
$19.90 for each business, with an employee present, without a
fixture.
$79.50 for each floor of an office building or retail complex that has
a public or community bathroom.
interior size:
Class 2 shall be subject to the following surcharge, based on store/office
Category
Size of Store/Office
Surcharge
Small
Less than 15,000 sf
None
Medium
15,000 to 30,000 sf
$79.50
Large
More than 30,000 sf
$159.00
Class 3 $79.50 for the church, plus*
$79.50 for the rectory, plus*
$79.50 for the annex.
*Class 6 for educational parochial schools.
Class 4 Base fee of $79.50 plus $19.90 per unit.
Ordinance No. 021-09
Page 5 of 10
Class 5 $79.50 per dwelling unit.
Class 6 $3.00 for each pupil, teacher, maintenance and administrative
person.
Class 7 $3,100.50
Class 8 Based on the seating capacity as determined by the building
official
Description Seating Capacity Rate
Espresso Bar Not Applicable $79.50
Deli 0 $119.25
Small 1 to 50 $238.50
Medium 51 to 150 $357.75
Large More than 150 $477.00
The classification of espresso bar includes similar food preparation businesses
which do not require the cooking of food or the maintenance of kitchen equipment.
Class 9 Base fee of $39.75 plus $19.90 per washing machine.
Laundromats with less than four washing machines are considered Class 2.
Dry cleaners without washing machines are Class 2.
Class io $199.00
Class 11 $79.50 for sales and administrative office, plus $79.50 for service
department, plus $79.50 for car washing when the water is used to determine cost sharing
for the sewer treatment plant.
Class 12 $278.25
Class 13 Basic fee of $39.75 plus the following surcharges:
Description Surcharge
Basic Store $39.75
Bakery $39.75
Wetted -Down Produce $79.50
Food Disposal $79.50
Meat Cutting Area $159.00
Class 14 Basic fee of $39.75 plus $39.75 for each equivalent residential unit
(ERU) as determined for the cost -sharing formula for the sewer treatment plant.
Ordinance No. 021-09
Page 6 of 10
Class 15 Basic fee of $39.75 Plus $119.25 per car washing bay.
Class 16 $79.50
Class 17 Basic fee of $159.00 plus the following surcharges:
Description Surcharge
Less than 5 children -0-
6 to 25 children $79.50
More than 25 children Class 6 rates
Class 18 $79.50 for gasoline retail, which could include service bay.
$79.50 for nonautomotive retail.
Class 19 Base fee of $79.50 plus $79.50 per unit with private kitchen;
$19.90 per unit without private kitchen, or studio apartment
Class 20 Base fee of $79.50 plus $7.95 per rentable bedroom
Special Notes:
(a) Home occupations will not be charged additional sewer fees.
(b) For a combination of classes in one business, the highest rate will be
selected.
(c) In the event that an established rate class does not accurately reflect
the impact on the sewer system, the city engineer may determine the specific mondhlyrate.
(d) Water accounts which serve a marine pier and do not have a connection
to the sewer shall not be charged a sewer bill. A sewer bill will be charged and based on
winter consumption if the water meter serves both the marina pier and anyfacilityorpump
station that is connected to the sewer system. For billing purposes, live-aboardswillnot be
considered as a dwelling unit.
(e) Properties served which are outside the city limits shall have a 50
percent surcharge on the monthly rates.
SECTION a. Port Orchard Municipal Code 13.04.030(7) is hereby amended to
read as follows:
13.04030 Water capital facility charge — extension of
water.
(r) The water capital facility charge is designed to mitigate
the impact of new demands on the existing water system and to
require new users to pay their fair share of the value of the
water system including, but not limited to, water supply,
treatment, transmission, storage and distribution facilities. The
Ordinance No. 021-09
Page 7 of 10
water capital facility charge applies to new construction,
changes in use, and building modifications which increase the
total number of equivalent residential units (ERUs). An ERU is
18o gallons per day for nonresidential connections. Prior to
connecting to the city's water system the property owner shall
pay, in addition to other applicable charges, the applicable
water capital facility charge.
(a) The water capital facility charge for a residential
connection is $4,500 per ERU. An ERU for this purpose shall
be computed based on the water meter size and shall be
calculated according to the average flow factor of a
displacement type meter where a three -quarter -inch meter
shall have a flow factor equal to one ERU. An ERU for
residential connections is one single-family dwelling unit,
whether detached or attached and configured as an apartment
unit, condominium unit, townhouse unit, or any other
configuration.
(b) The water capital facility charge for a nonresidential
connection shall be calculated based on meter size as set forth
below:
Capital Facility
Meter Size
Charge
3/4"
$4,500
1"
$7,505
1-1/2"
$14,965
2"
$23,953
3"
$47,906
4
$75,870
(2) If, after connection of a nonresidential service, the
actual water usage has increased or the property use expanded
so that there are a greater number of ERUs being used on the
property than for which the water capital facility charge was
paid, the property owner shall pay to the city an additional
water capital facility charge based upon the new or expanded
use. The additional water capital facility charge shall be based
upon the charge rate in effect at the time the increase in use is
requested and/or detected, whichever first occurs.
Ordinance No. 021-09
Page 8 of 10
(3) Water Capital Facility Charge — Exception. The
following exception applies to the assessment of the water
capital facility charge. All four elements of the below -listed
requirements must be present to qualify for the exception:
(a) A nonresidential account paid the water capital
facility charge at the time the property connected to the city's
water system;
(b) Sometime after the original connection, the property
owner decides to construct a new building, change the original
use, or modify the original building;
(c) After the building improvements are completed, the
total water usage for the nonresidential account will be equal to
or less than the usage of the time of the original connection;
and
(d) The new construction, change in use, or building
modification has not resulted in an additional direct connection
to the city's water system or the establishment of an additional
water account.
(4) A credit against the water capital facility charge may be
applied for those property owners that paid their assessments
in full through a local improvement district formed by the city
where such local improvement district is formed to finance the
construction of any of the improvements that are a basis for
calculating the value of the water capital facility charge. The
credit shall be equal to that portion of the property owner's
principal assessment, not including interest and penalties,
which is directly applicable to the construction of the
improvements that are a basis for calculating the value of the
capital facility charge. The credit shall be applied at the time of
payment of the water capital facility charge and shall not be
used to reduce any assessments in the local improvement
district.
(5) A credit against the water capital facility charge may be
applied for those property owners that construct at their own
expense any of the improvements that are a basis for
calculating the value of the water capital facility charge or for
those property owners that pay a latecomer's fee toward those
same improvements. The credit shall be the smaller of the
following:
(a) That portion of the design and construction costs of
the latecomer's agreement that are directly applicable to the
Ordinance No. 021-09
Page 9 of ro
construction of the improvements that are a basis for the value
of the water capital facility charge; or
(b) That proportionate amount of the water capital
facility charge that is attributable to the water facilities either
constructed by the property owner or paid through a
latecomer's fee.
(6) The above provisions notwithstanding, the amount of
any credit shall not exceed the amount of the water capital
facility charge for the property to which the credit is being
applied.
(7) At the time the water capital facility charge is paid, an
inspection fee shall be paid. The inspection fee is $ioo.00 per
meter.
(8) All materials shall comply with the requirements of the
city. If the city supplies any materials, the cost of these plus
overhead and sales tax will be paid by the customer or property
owner.
(9) If a property owner requests a credit or exemption as
described above, the director of public works shall make an
administrative determination regarding the applicability and
amount of the credit or exemption. The director's decision may
be appealed to the hearing examiner.
(ro) The exceptions and credits described above shall not
apply to any costs of construction incurred or payments made
to the city for improvements that are a basis for the value of the
capital facility charge and that were made 15 years or more
prior to the date the property owner requests the exception or
credit.
SECTION 5. Port Orchard Municipal Code 13.04.o65 is hereby amended to read
as follows:
13.04.o65 CPI adjustment.
(r) Commencing November r, 20o9, and on November rst of
each successive year thereafter, unless otherwise adjusted by
the city council during the previous six-month period, all
capital facility charges, connection fees, and fees in lieu of
assessment set forth in this chapter, but excluding water and
sewer rates, shall be automatically adjusted based upon the All
Urban Consumers Price Index for the Seattle — Tacoma —
Bremerton area as published by the U.S. Department of Labor,
Ordinance No. 021-09
Page io of io
Bureau of Labor Statistics, for the prior June; but in no event
shall the adjustment be less than zero.
(2) The city council shall review the water and sewer rates
annually and shall adjust them as it deems appropriate.
SECTION 6. Savings Clause. Those sections of Port Orchard Municipal Code
Chapter 13.04 that are amended by this ordinance shall remain in full force and effect until
the effective date of this ordinance.
SECTION 7. If any section, sentence, clause or phrase of this ordinance should be
held to be invalid or unconstitutional by a court of competent jurisdiction, such invalidity or
unconstitutionality shall not affect the validity of constitutionality of any other section,
sentence, clause or phrase of this ordinance.
SECTION 8. After posting and publication, this ordinance shall be in full force and
effect on the date set forth above in Section 1. A summary of this Ordinance may be
published in lieu of the entire ordinance, as authorized by State Law.
PASSED by the City Council of the City of Port Orchard, APPROVED by the Mayor and
attested by the Clerk in authentication of such passage this 25th day of August 2009/
ATTEST:
Lq
Patricia J. Kirk atrick, CMC, City Clerk
APPROVED AS TO FORM:
Gregory <Jaby, i Attorney
Sponsored by:
Rob Putaansuu, Councilmember