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023-21 - Ordinance - Water Capital Facility Charge, CFC'soRDtNANCE NO.023-21 AN ORDINANCE OF THE CITY OF PORT ORCHARD, WASHINGTON, RELATING TO THE WATER CAPITAL FACILITY CHARGE (CFC); AMENDING PORT ORCHARD MUNtCtpAL CODE (POMC) SECTTON L3.O4.O25, FEE SCHEDULE; PROVIDING FOR SEVERABILITY; AND ESTABLISHING AN EFFECTIVE DATE. WHEREAS, the City of Port Orchard charges a Water Capital Facility Charge (CFC), levied upon new connections, changes in use, and building modifications which increase the total number of ERUs connected to the City's water utility; and WHEREAS, the City has prepared a Water System Plan Update, which includes an updated Water System Capital lmprovement Plan (ClP), which form the basis for calculation of the City's Water CFC; and WHEREAS, while the City's larger Water System Plan Update is awaiting approval by the Washington State Department of Health (DOH) prior to final adoption, the City Council adopted the 2021 Water System CIP on May 1-1, 2021. due to the City's urgent need to update the City's Water CFC can more accurately reflect current needs and costs; and WHEREAS, prior to adoption of the Water System ClP, the City Council began discussion of a Water System CIP and Water CFC Update at the October 20,2020 Utility Committee Meeting; and WHEREAS, the City Council deliberated on a Water System CIP and CFC Update following a presentation by Katy lsaksen & Associates, lnc. at the April 20, 202LWork StudySession and a follow-up presentation at the April27,2021 Regular City Council Meeting by city staff, and again on May 1-1-, 2O2L at a Regular City Council Meeting, and the May L8, 202L Work Study Session, and finally at the May 25, 202L Regular City Council Meeting; and WHEREAS, the Port Orchard City Councildesires to amend the codified Water CFC, set out at Port Orchard Municipal Code Chapter 13.04 to provide for a Water Capital Facility Charge (CFC) Update to respond to the updated Water System CIP; and WHEREAS, two (2) duly noticed Public Hearings were held on the Water CFC Update on May t1,,2O2L and May 25,2O2L before the City Council; and WHEREAS, the City Council finds that the amendments herein to POMC 13.04.025 are consistent with goals and policies of the City's Comprehensive Plan and related regulations, and serve the public health, safety, and general welfare of the citizens of Port Orchard; now, therefore, THE C|TY COUNCTL OF THE C|TY OF PORT ORCHARD, WASHTNGTON, DO ORDATN AS FOLLOWS: Ordinance No.023-21 Page 2 of 8 SECTION 1. Port Orchard Municipal Code L3.04.025 is hereby amended to read as attached at Exhibit A hereto. SECTION 2. lf 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 3. This ordinance shall be posted and published as required by law, and shall be effective and in full force beginning on June L4, 2O2L, provided, however, that any project for which a building permit application was accepted by the City on or before March t,20.zLshallonly be required to pay the applicable water capital facility charges that existed immediately prior to the adoption of this ordinance (unless the building permit expires or the application is cancelled), provided further this exemption shall only be available if those charges are paid in full by the applicant no later than close of business on August 3I,202I. Upon the effective date of this ordinance: (1) any applicant with a pending application for a building permit that was not accepted by March L,2O2L shall be charged the charges established in this ordinance; and (2) any applicant with an application for building permit that was accepted by March L,202L but the charges are not paid before close of business on August 3L, 2O2L shall pay the charges established in this ordinance. Asummaryofthisordinancemaybepublishedinlieuof publishingtheordinanceinits entirety. 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 May 202L. Robert Putaansuu, Mayor ATTEST:RPO SEAI Brandy nearson, MMC, City Clerk APPROVED AS TO FORM SPONSOR Charlotte A. Archer, City Attorney Cindy Lucarelli, Councilmember Ordinance No.023-21 Page 3 of8 PUBLISHED: May 28,2021 EFFECTIVE DATE: June L4, 2O2t Ordinance No. 023-21 Page 4 of 8 Exhibit A 13.04.025 Fee schedule. (1)The fees set forth below are referenced in POMC 13.04.030, L3.04.033, 13.04.035 and 1_3.04.040. Water Sewer Connection Fees Water Capital Facility Charge POMC 13.04.030(1)(a) Residential- Per ERU 'LL,s7L Water Capital Facility Charge Nonresidential- Based on Meter Size POMC 13.04.030(1xb) 3/4"iLr,s7L 1I StgFzq t-L/2"S38,53i. 2il 561,,673 3il Stts,zto 4"Si.92,889 lrrigation No connection fee Water lnspection Fee pbmc 13.04.030(7) and 13.04.033(3) Per Meter s 111_.37 Connection Fees/Labor lnstallation Fees pbruc rr.04.033(1) 314"5t,tt3.t3 LI S1,33G.49 Ordinance No. 023-21 Page 5 of 8 Water Sewer Connection Fees 1,-1,/2"St,ozo.ot 2"52,227.48 Larger Estimated case by case Water in Lieu of Assessment POMC 13.04.03s Per Front Foot s 11L.37 Sewer lnspection Fee POMC 13.04.040(8) Per Lateral Connection s111.37 (2)The fees set forth below are referenced in POMC 1-3.04.050, 13.04.055, and L3.04.L20. Billing and Miscellaneous Charges Billing Charges POMC 13.04.050 Water/Sewer Delinquency Notice at Location Si.o.oo Sewer Capital Facility Charge, consisting of both: POMC t3.04.04012l. Sewer Wastewater Treatment Facility Fee POMC 13.04.040(2) Per ERU SE,sgl.Et McCormick Land Co Div. 1-L0 Per ERU Sasr.zs General Facility Fee POMC 13.04.040(2) Per ERU SB,szs Ordinance No. 023-21 Page 6 of 8 Water Shutoff Fee S+o.oo Meter Turn-Off Violations (as Determined by City) Szso.oo Damaging the Utility System POMC t3.O4.L20 Violation Fine (as Determined by the City) s2s0.00 Miscellaneous Charges POMC 13.04.0ss After Hours Turn- On/Shutoff Szs.oo Notification to Tenant of Water Shutoff Per Hold Harmless Agreement Sro.oo Service Fee for Estimated or Final Billing Closing Requests $zo.oo (3)The fees set forth below are referenced in PoMc i.3.04.031 and 13.04.045 Water Plan Review Fees Review POMC 13.04.031 Main Extension Review Per lineal foot of main So.go Pump Station Review Sgoo.oo Significant Facility Review* Consultant fee** plus LO% Ordinance No.023-21 Page 7 of 8 Sewer Plan Review Fees Review POMC 13.04.045 Main Extension Review Per lineal foot of main 5o.go Pump Station Review S3oo.oo Significant Facility Review* Consultant feex* plus LO% Water lnspection Fees lnspection POMC 13.04.031 Main Extension lnspection Per linealfoot of main $r.zs Pump Station lnspection Sooo.oo Significant Facility lnspection* Consultant fee** plus rc% Sewer lnspection Fees lnspection POMC 13.04.045 Main Extension lnspection Per lineal foot of main Sr.so Pump Station lnspection $ooo.oo Significant Facility lnspectionx Consultant feexx plus L0o/o Ordinance No. 023-21 Page 8 of 8 * Significant facilities include improvements such as sewer lift station construction or enlargement, force main construction, water system storage tanks, well construction, and water treatment facilities. ** This review and inspection shall be performed by the city's water or sewer consultant under contract with the city for services of this type.