010-05 - Ordinance - Amending Chapter 13.04 to Amend Regulations for Use of Public and Private Water and Sewer SystemsORDINANCE
The following is a summary of an Ordinance approved by the Port Orchard City Council at their regular
Council meeting held May 23'2OOG.
Copies ofOrdinance No. O10-05are available for review at the office of the City Clerk of the City ofPort
Orchard. Upon written request a statement of the full text of the Ordinance will be mailed to any
interested person without charge. Thirty days after publication, copies of Ordinance No. 010'05wiU be
provided atanominal charge.
City ofPort Orchard
Michelle Merlino
Deputy Clerk
Publish: Port Orchard Independent
FOLLOWS:
AN ORDINANCE OF THE CITY OF PORT ORCHARD, WASHINGTON
AMENDING PORT ORCHARD MUNICIPAL CODE 13.04 TO AMEND
REGULATIONS PROVIDING FOR THE CONTROL, MANAGEMENT,
MAINTENANCE AND USE OF PUBLIC AND PRIVATE WATER AND SEWER
SYSTEMS AND PROVIDING RATES FOR CONNECTION AND USE OF SUCH
SYSTEMS.
THE CITY COUNCIL OF THE CITY OF PORT ORCHARD, WASHINGTON DOES ORDAIN AS
SE 11CIN I. Effective Date. This ordinance shall be effective July 1, 2005.
SECIION2. Port Orchard Municipal Code 13.04.010 is amended to read as
13.04.010 Bimonthly Water Rates. Water rates are based on a monthly rate and are billed on a
bimonthly schedule. The water rates, as calculated bimonthly, are shown below:
(1) BASIC CHARGE (cost for the first 5,000 gallons bimonthly)
SIZE CE SERVICE_BIMONTHI Y RATE
3/4" $15.00
1" $16.00
1 1/2 $19.00
2° $22.00
3" $28.00
4" $40.00
6" $58.00
8" $82.00
1011 $106.00
(2) CONSUMPTION CHARGE (cost above basic consumption)
RATE 1 0 to 5,000 gallons Basic Charge
RATE 2 5,000-50,000 gallons
RATE 3 50,001- 100,000 gallons
RATE 4 1001001- 150,000 gallons
RATE 5 In excess of 150,000 gallons
(3) FIRE HYDRANT SERVICE
Schools
Private Service
(4) TEMPORARY CONSTRUCTION
"� One Day Service
RATE 1
plus $ 1.65/1,000 gal
RATE 1 plus RATE 2
plus $ 1.75/1,000 gal
RATE 1 plus RATE 2 plus RATE 3
plus $ 1.85/1,000 gal
RATE 1 plus RATE 2 plus RATE 3
plus RATE 4 plus $1.95/1,000 gal
$10.00 per hydrant
$20.00 per hydrant
$ 1.65/1,000 gallons or $15.00
whichever is greater
Ordinance No. 010-05
Page 2 of 8
Construction Account
0-50,000 gallons
50,001-100,000 gallons
100,001-150,000 gallons
In excess of 150,000 gallons
As Metered
$1.65/1,000 gallons
$1.75/1,000 gallons
$1.85/1,000 gallons
$1.95/1,000 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 of the basic charge is determined by the number of
customers multiplied by the rate of $15.00. The consumption charge will be computed by subtracting
the amount equal to the number of customers multiplied by 5,000 gallons from the total gallonage
consumed. The rate of the consumption above the basic will be $ 1.65 per 1,000 gallons up to 50,000
gallons, $1.75 per 1,000 gallons from 50,001 to 100,000 gallons, $1.85 per 1,000 gallons from 100,001
to 150,000 gallons and $1.95 per 1,000 gallons in excess of 150,000 gallons.
(6) PROPERTIES OUTSIDE CITY LIMITS: Properties served outside the city limits
shall have a 50% surcharge on the monthly rate.
13.04.020 Bimonthly Sewer Rates.
(1) Sewer rates are based on a monthly rate and are billed on a bimonthly schedule.
The sewer rates, as calculated bimonthly, are shown as follows:
DESCRIPTION CLASS
Single Family residence
1
Mobile Home on single parcel
1
Business
2
Professional
2
Churches
3
Hotels, Motel
4
Rest Homes, Care Centers
4
Kitsap County Jail
4
Apartments
5
Mobile Home Parks
5
Schools
6
Kitsap County Courthouse (Main Complex)
7
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 & 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
Ordinance No. 010-05
Page 3 of 8
(2) BIMONTHLY RATES:
Class 1 $ 72.00
Class 2
$ 72.00 for each business with a fixture
$ 18.00 for each business, with an employee present, without a
fixture
$ 72.00 for each floor of an office building or retail complex that
has a public or community bathroom
Class 2 shall be subject to the following surcharge, based on store/office interior
size:
SuGciaarge
Categoq Size ofstoxe�nfface
Small Less that 15,000 s.f. None
Medium 15,000 to 30,000 s.f. $72.00
Large More than 30,000 s.f. $144.00
Class 3
$ 72.00 for the church, plus
$ 72.00 for the rectory, plus
$ 72.00 for the annex
*Class 6 for educational parochial schools
Class 4
Base fee of $72.00 plus $ 18.00 per unit
Class 5
$ 72.00 per dwelling unit
Class 6
$ 2.70 for each pupil, teacher, maintenance and administrative
person
Class 7
$ 2,808.00
Class 8
Based on the seating capacity as determined by the Building
Official
Seating Rate
Descd-Ption rapacity
Espresso Bar Not Applicable $ 72.00
Deli 0 $108.00
Small 1 to 50 $216.00
Medium 51 to 150 $324.00
Large More than 150 $432.00
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 $36.00 plus $18.00 per washing machine
Laundromats with less than 4 washing machines are considered
Class 2. Dry Cleaners without washing machines are Class 2.
Class 10 $ 180.00
Class 11 $72.00 for sales and administrative office, plus $ 72.00 for
service department, plus
$72.00 for car washing when the water is used to determine cost
sharing for the sewer treatment plant.
Class 12 $252.00
Ordinance No. 010-05
Page 4 of 8
Class 13 Basic Fee of $36.00 plus the following surcharges:
Description Surcharge
Basic Store $ 36.00
Bakery $ 36.00
Wetted Down Produce $ 72.00
Food Disposal $ 72.00
Meat Cutting Area $ 144.00
Class 14 Base Fee of $36.00 plus $36.00 for each Equivalent Residential
Unit (ERU) as determined for the cost sharing formula for the
sewer treatment plant.
Class 15 Base Fee of $36.00 plus $108.00 per car washing bay.
Class 16 $72.00
Class 17 Basic Fee of $144.00 plus the following surcharges:
Description Surcharge
Less than 5 children -0-
6 to 25 children $72.00
More than 25 children Class 6 rates
Class 18 $72.00 for gasoline retail, which could include service bay
$72.00 for non -automotive retail
Class 19 Base fee of $72.00 plus
$72.00 per unit with private kitchen
$18.00 per unit without private kitchen, studio apartment
Special Notes: (a) Home occupations will not be charged additional sewer fee.
(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 monthly rate.
(d) Water accounts, which serve a marina 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 any facility or
pump station that is connected to the sewer system. For billing
purposes, live -a -boards will not be considered as a dwelling unit.
(e) Properties served which are outside the city limits shall have a
50% surcharge on the monthly rates.
Ordinance No. 010-05
Page 5 of 8
SFCTTOUA. port Orchard Municipal Code 13.04.030 is amended to read as
follows:
13.04.030 Water Fees.
(1) Connection Fees: Connection fees are designed to mitigate the impact of new
water demands on the existing water system. Connection fees apply to new construction, changes in use,
and building modifications that increase the total number of ERU's. The Connection Fee shall be the
larger of the two calculation methods:
(a) Fixture Count Method:
For a single-family residence and apartments, the connection fee is
$1,562.13 per dwelling unit.
For commercial units, offices, motels, convalescent centers and other
nonresidential uses, the connection fee is $1,562.13 per ten fixtures or
portion thereof.
For all other structures that are served by municipal water, the
connection fee is $1,562.13 per ten fixtures or portion thereof.
A fixture is any fixture as defined in the Uniform Plumbing Code except
water heaters, floor drains used for emergency overflows only, drinking
fountains if non -continuous flows and extra fixtures attached to existing
or regular fixtures such as bed pan washers, showers over tubs and
hose attachments on sinks.
(b) Water Consumption Method:
For a single-family residence and apartments, the connection fee is
$1,562.13 per dwelling unit.
For non-residential accounts, connection fee is $1,562.13 per ERU. The
ERU is defined as 180 gallons per day of metered water consumption.
The ERU consumption is based upon metered water consumption or
comparison to similar accounts when metered water consumption data is
not readily available.
The Water Connection Fee shall be adjusted on November 1 of each year to reflect
inflation based on the CPI-U of Seattle.
(2) INSTALLATION FEE: Installation fees are designed to reimburse the utility for
the cost required to connect the new service to the water main.
The labor installation fee is a flat fee plus sales tax based on the size of the water meter
for service lines less than 25 feet:
Installed by city employees:
METER SIZE
FEE
3/4"
$ 1,000 + cost of meter and associated materials
1"
$ 1,200 + cost of meter and associated materials
1 1/2"
$ 1,500 + cost of meter and associated materials
2"
$ 2,000 + cost of meter and associated materials
Larger Meters
Estimated on a case by case basis
If the water service line exceeds 25 feet, or if the proposed construction is unusually difficult the
Ordinance No. 010-05
Page 6of8
If the service is connected by other than city employees, the inspection fee of $50 per meter will
be charged. 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. If the
installation is satisfactory, the city shall connect the meter if it is 1" or less in size. Larger meters
shall be installed by the contractor.
(3) FEES IN LIEU OF ASSESSMENT: Fees in lieu of assessment shall be charged on
new accounts unless exempted as explained below:
(a) The property has previously participated in a water local improvement
district and there are records to verify this.
(b) The City Council exempts the property from the fees in lieu of
assessment because improvements on the property have substantially improved
the water system.
(c) The Agreement for Purchase and Sale of Assets of McCormick Water
Company, Inc. waives the city fee in lieu of assessment for water services.
These are the services within McCormick Woods, Campus Station and McCormick
620.
Fees in lieu of assessment shall be based on the zone and termini method, as
prescribed by law, used in Local Improvement District #63.
(4) PAYMENT: All installation fees and fees in lieu of assessment shall be paid in full
prior to any issuance of permits and the physical connection of the private service line to the water
system.
SELI Qh S. Port Orchard Municipal Code 13.04.040 is amended to read as
follows:
13.04.040 Sewer Capital Facility Charge.
(1) Sewer Capital Facility Charge is designed to mitigate the impact of new demands
on the existing sewer system and to require new users to pay their fair share of the value of the sanitary
sewer system. The Sewer Capital Facilities Charge applies to new construction, changes in use, and
building modifications that increase the total number of equivalent residential units (ERU's). An ERU is
180 gallons per day for nonresidential connections. 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. The ERU consumption is based upon metered water
consumption or comparison to similar accounts when metered water consumption data is not readily
available
(2) The Sewer Capital Facility Charge consists of two components; the General
Facility Fee, and the Wastewater Treatment Facility Fee. The General Facility Fee is $2,770.00 per ERU.
The Wastewater Treatment Facility Fee is $3,230.00 per ERU. Provided, however, the properties within
Divisions 1 through 10, inclusively, of the McCormick Woods Land Company shall have a Wastewater
Treatment Fee of $791.25 per ERU.
(3) The Sewer Capital Facility Charge shall be paid before connecting to the City
Sanitary Sewer System, or before changing the use, or increasing the total ERU count above the amount
for which a Sewer Capital Facility Charge has been paid. If work is to be done that requires a Sewer
Capital Facility Charge, it shall be paid before a permit shall be issued.
(4) If, after connection of a nonresidential service, the actual sewer usage has
increased or the property use expanded so that there is a greater number of ERU's being used on the
property than for which the Sewer Capital Facility Charge was paid, the property owner shall pay to the
City an additional Sewer Capital Facility Charge based upon the new or expanded use. The additional
Ordinance No. 010-05
Page 7 of 8
Sewer Capital Facility Charge shall be based upon the charge rate in effect at the time the increased use
is requested and/or detected, whichever first occurs.
(5) A credit against the Sewer Capital Facilities 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 Sewer Capital Facilities Charge. The credit
shall be equal to the amount of the property owner's principal assessment, not including interest and
penalties. The credit shall be applied at the time of payment of the Sewer Capital Facilities Charge and
shall not be used to reduce any assessments in the local improvement district.
(6) A credit against the Sewer Capital Facilities 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 Sewer Capital Facilities 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 latecomer's
agreement that are directly applicable to the construction of the improvements that are a basis for the
value of the Sewer Capital Facilities Charge; or
b. That proportionate amount of the Sewer Capital Facilities Charge that is
attributable to the sewer facilities either constructed by the property owner or paid through a latecomer's
fee.
(7) The above provisions notwithstanding, the amount of credit shall not exceed the
amount of the Sewer Capital Facilities Charge for the property to which the credit is being applied.
(8) At the time the Sewer Capital Facilities Charge is paid, an inspection fee shall be
paid. The inspection fee is $50 per lateral connection to the main.
(9) 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.
o_ •,
1+ 1 i
(1) The water and/or sewer charges shall be billed by the City Treasurer bimonthly
on the last day of the bimonthly period, to the property owner. The charges and rates shall be due to the
Treasurer, who is authorized and empowered to collect and receipt for such payments, on the first day of
the month following the receipt of services.
(2) Charges remaining unpaid 30 days after the due date shall be considered
delinquent and shall be subject to an additional charge of ten percent of the unpaid balance as a penalty.
(3) When a water and/or sewer bill shall become delinquent and a city employee
must go to the premise during normal working hours for the purpose of hanging a written notice on the
door, there shall be a ten -dollar charge added to the account.
(4) If the delinquent water and/or sewer charges remain unpaid over a period of
thirty days after the due and payable date, service will be discontinued by turnoff. Service will not
resume thereafter until the delinquent charges and penalties, together with a turn-off fee, have been paid
in full. The turn-off fee shall be $20.00, unless the same account should become delinquent during a
twelve-month period. On a second occurrence, the turn-off fee shall be $30.00. On the third occurrence
and each subsequent occurrence, the turn-off fee shall be $40.00.
Ordinance No. 010-05
Page 8 of 8
(5) Where both water and sewer delinquent charges are involved, the customer shall
not be billed double penalties.
13.04.055 Miscellaneous Charges.
(1) The charge for turning on or shutting off service, other than the regular City Hall
business hours, and anytime on weekends or holiday, shall be $75.00.
(2) In order for a landlord to shut-off a tenant's water, the landlord must be the
responsible party for the account, the landlord must sign a hold harmless agreement, and pay a $10.00
service charge. The City will give advance notice at the service address of at least 8 hours, or such
greater time as is required by law.
(3) When a closing agent requests, by law, a final billing of utility services to real
property being sold, the utility shall provide the requesting party with a written estimated or actual final
billing. There will be a service fee of $20.00 charged for each request.
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SFrTrnN A_ Savings Clause. Port Orchard Municipal Code 13.04, which is amended
by this ordinance, shall remain in force and effect in its present format until the effective date of this
ordinance.
SECEIQN 10. Severability. If any section, subsection, sentence, clause, or phrase of
this ordinance or amendment thereto, or its application to any person or circumstances is held invalid, the
remainder or application to other persons or circumstances shall not be affected.
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 23rd day of May 2005.
ATT T:
Carol Etg , City Cl <
A, PROVE , FORM °`
y ,
oren Combs, City Attorney
Kim Abel, MAYOR
SPONSORED BY:
Ron Rider Councilmember