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027-11 - Ordinance - Amending Chapter 13.04 Water and SewersIntroduced by: Requested by: Drafted by: Reviewed by: Introduced: Adopted: ORDINANCE NO. 027-11 Public Works Director Public Works Director City Attorney Public Works Director December 13, 2011 December 13, 2011 AN ORDINANCE OF THE CITY OF PORT ORCHARD, WASHINGTON, AMENDING PORT ORCHARD MUNICIPAL CODE CHAPTER 13.04 "WATER AND SEWERS" BY INCREASING CERTAIN WATER AND SEWER CHARGES AND FEES IN ACCORDANCE WITH INCREASES IN THE CONSUMER PRICE INDEX AND BY CORRECTING CERTAIN SCRIVENER'S ERRORS WHEREAS, Section 13.04.o65 of the Port Orchard Municipal Code provides that, separate and apart from the City Council's consideration of rate increases, certain water and sewer charges and fees shall be modified to reflect annual changes in the All Urban Consumers Price Index for the Seattle — Tacoma — Bremerton area, unless said charges and fees have been adjusted by the City Council during the previous six month period; and WHEREAS, the City Council has not modified the sewer and water charges and fees set forth in the body of this ordinance in the past six months; and WHEREAS, the City's Finance Department has calculated the changes to the sewer and water charges and fees based on the changes to the applicable consumer price index; and WHEREAS, certain scrivener's errors are also in need of correction; now, therefore, THE CITY COUNCIL OF THE CITY OF PORT ORCHARD, WASHINGTON, DO ORDAIN AS FOLLOWS: SECTION 1. Port Orchard Municipal Code Section 13.04.020 is hereby amended to read as follows: 13.04.02o Bimonthly sewer rates. (1) Sewer rates are billed on a bimonthly calculated bimonthly, are shown as follows: Description Single-family residences Mobile home on single parcel Business Professional Churches Hotels, motels schedule. The sewer rates, as Class 3 4 Ordinance No.027-11 Paee 2 Of 13 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 and juvenile facilities 14 Kitsap County public works building 14 Car washes 15 Beauty shops and barbershops 16 Day care 17 Gas stations r8 Assisted living units 19 Bed and breakfasts 20 (2) Bimonthly Rates. Class 1 $98.00 Class 2 $98.00 for each business with a fixture. $19.90 for each business, with an employee present, without a fixture. $98.00 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: Category Size of Store/Office Surcharge Small Less than 15,000 sf None Medium 15,000 to 30,000 sf $98.00 Large More than 30,000 sf $196.00 Class 3 $98.00 for the church, plus* $98.00 for the rectory, plus* $98.00 for the annex. *Class 6 for educational parochial schools. Class 4 Base fee of $98.00 plus $19.90 per unit. Ordinance No.027-11 Pave z of rq Class 5 $98.0o per dwelling unit. Class 6 $3.00 for each pupil, teacher, maintenance and administrative person. Class 7 $3,822.00 Class 8 Based on the seating capacity as determined by the building official. Description Seating Capacity Rate Espresso Bar Not Applicable $98.00 Deli o $147.00 Small 1 to 50 $294.00 Medium 51 to 150 $441.00 Large More than 150 $586.53 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 $49.00 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 ro $245.31 Class 11 $98.0o for sales and administrative office, plus $98.0o for service department, plus $98.0o for car washing when the water is used to determine cost sharing for the sewer treatment plant. Class 12 $343.00 Class 13 Basic fee of $49.00 plus the following surcharges: Description Surcharge Basic Store $49.00 Bakery $49.00 Wetted -Down Produce $98.00 Food Disposal $98.00 Meat Cutting Area $196.00 Class 14 Base fee of $49.00 plus $49.00 for each equivalent residential unit (ERU) as determined for the cost -sharing formula for the sewer treatment plant. Ordinance No.027-11 Page 4 of 13 Class 15 Base fee of $49.00 plus $147.00 per car washing bay. Class 16 $98.00 Class 17 Basic fee of $196.00 plus the following surcharges: Description Surcharge Less than 5 children $0.00 6 to 25 children $98.00 More than 25 children Class 6 rates Class 18 $98.00 for gasoline retail, which could include service bay. $98.00 for nonautomotive retail. Class 19 Base fee of $98.00 plus $98.00 per unit with private kitchen; $19.90 per unit without private kitchen, or studio apartment. Class 20 Base fee of $98.00 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 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-aboards will not be considered as a dwelling unit. (e) Properties served which are outside the city limits shall have a 50 percent surcharge on the bimonthly rates. SECTION 2. Port Orchard Municipal Code Section 13.04.030 is hereby amended to read as follows: 13.04.030 Water capital facility charge — Extension of water. (1) 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 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 Ordinance No.027-11 Page ,5 of i,q 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 $4644.00 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 Meter Facility Size Charge 3/4" $4,644.00 1" $7,745.16 1-1/2" $15,443.88 2" $24,719.50 3 $49,438.99 4 $78,297.84 (c) Per Resolution No. 1666, the City Treasurer is authorized to waive the Connection Fee of the water systems which do not impact the fire flow storage requirements of the City. All other fees, charges and expenses shall be paid as in accordance with this Chapter 13.04. Examples of these connections are irrigation systems, fire protection systems, and relocating service lines which cross private property. (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. (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) Some time 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 Ordinance No.027-11 Page 6 of 13 (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 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 $103.20 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. (io) 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 3. Port Orchard Municipal Code Section 13.04.033 is hereby amended to read as follows: Ordinance No.027-11 Page 7 of 13 13.04.033 Connection fees. (1) Connection 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" $1,032 + cost of meter + associated materials and sales tax. 1" $1,238.40 + cost of meter + associated materials and sales tax. 1-1/2" $1,J48 + cost of meter + associated materials and sales tax. 2" $2,o64 + cost of meter + associated materials and sales tax. Larger meters Estimated on a case -by -case basis (2) If the water service line exceeds 25 feet, or if the proposed construction is unusually difficult, the connection fee will be based on an estimate completed by the city for the required labor and material. (3) If the service is connected by other than city employees, the inspection fee of $103.20 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 set the meter if it is one inch or less in size. Larger meters shall be installed by the contractor. (4) All new construction, residential and commercial, on property which is located within 200 feet of a water main of the city shall be required to extend the water to and across the entire frontage of their property and connect to the city water system prior to the occupancy of the building. No new wells except municipal wells shall be constructed and no expansions of existing wells, except municipal wells, shall be permitted on properties that can be served, within 200 feet of a water main of the city, or are now served by the city water system. SECTION a. Port Orchard Municipal Code Section 13.04.035 is hereby amended to read as follows: 13.04.035 Water main fees in lieu of assessment. (1) Where all or a portion of the premises to be served has not been previously assessed or contributed its share towards the cost of installing a permanent main to serve such premises, or the property does not abut a water main, water service shall be provided upon payment of a water main fee as provided for in this section, in addition to the water capital facility charge set forth in POMC 13.04.03o and the connection fee set forth in POMC 13.04.033• (2) The water main fee shall be based on the frontage of the property served, as determined by the public works director. Properties situated on corner Ordinance No.027-11 Page 8 of i:; lots abutting utility mains on two sides shall have the front footage charge computed by averaging the two sides. The fee shall be $103.20 per front foot. (3) Water main fees in lien of assessment shall be charged on new accounts unless exempted as explained below: (a) The property has previously paid its share of a local water main as part of a water local improvement district and there are records to verify this; (b) The property has extended the local water main as required by the city and paid all costs associated with the extension; (e) The property has paid its equitable share of the cost of a previously installed local water main pursuant to a latecomer's agreement; or (d) 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, Kenmore Court, and McCormick 620. (4) If a property owner requests an exemption as described above, the director of public works shall make an administrative determination regarding the applicability and amount of the exemption. The director's decision may be appealed to the hearing examiner. (5) The exemptions described above in subsections (3)(a) through (c) of this section 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 water main fee in lieu of assessment and that were made 15 years or more prior to the date the property owner requests the exemption. SECTION 5. Port Orchard Municipal Code Section 13.04.040 is hereby amended to read as follows: 13.04.040 Sewer capital facility charge — Extension of sewer. (1) The 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 (ERUs). An ERU is i8o 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. (a) Sewer Capital Facility Charge — Exception. The following exception applies to the assessment of the sewer capital facility charge. All four elements of the below -listed requirements must be present to qualify for the exception: (i) A nonresidential account paid the sewer capital facility charge at the time the property connected to the city's sewer system; Ordinance No.027a1 Page q of 1.-4 (ii) Sometime after the original connection, the property owner decides to construct a new building, change the original use, or modify the original building; (iii) After the building improvements are completed, the total sewer usage for the nonresidential account will be equal to or less than the usage of the time of the original connection; and (iv) The new construction, change in use, or building modification has not resulted in additional direct connection to the city's sewer system or the establishment of an additional sewer account. (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 $2,858.64 per ERU. The wastewater treatment facility fee is $3,333.36 per ERU; provided, however, the properties within Divisions r through io, inclusively, of the McCormick Woods Land Company shall have a wastewater treatment fee of $816.57 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 are a greater number of ERUs 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 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 a latecomer's agreement that is directly applicable to the construction of the improvements that are a basis for the value of the sewer capital facilities charge; or Ordinance No.027-11 Pace io of i2 (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 $103.20 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. (ro) Extension of Sewer to Property Contiguous to the City Shall Annex — Exception. Property lying within the urban growth boundary and contiguous to the Port Orchard city limits shall annex to the city as a condition of sewer connection. In the alternative, the city may elect to defer annexation and require the owner to execute a utility extension agreement as described in subsection (u) of this section. (u) Requirement for Utility Extension Agreement. (a) Property lying within the urban growth area which is not contiguous to the Port Orchard city limits shall be permitted water and/or sewer connection only upon entering into an appropriate agreement with the city containing a waiver of protest to annexation/limited power of attorney authorizing annexation at such time as the city determines the property should be annexed to the city. Application for extension of utilities is subject to the following provisions: (i) Application fees as established by the city council shall be paid upon the submittal of a signed utility extension agreement (UEA) requesting water and/or sewer for property outside the city, but located within the urban growth area; (ii) The applicant will bear the entire cost of water and/or sewer connection pursuant to this chapter, as written or hereafter amended, subject to any provision in effect at the time of connection for latecomer reimbursement; (iii) The applicant will be subject to all applicable provisions of this chapter, as written or hereafter amended, for extension of city utilities, the payment therefore, and all enforcement provisions therein; and (iv) The UEA shall not be executed prior to the time formal application is made for approval of the project for which utilities are requested. The term of said agreement shall terminate at the time any project application or approval expires or is revoked for any reason. A new agreement shall also be required for any extension of project application or approvals or when the director of planning determines that a substantial change or addition has been made to the project. (b) The city may disconnect the utilities for failure of the applicant or his/her successors or assigns, for violation of this chapter, or for violation of the terms and conditions of the UEA. Ordinance No.027-11 Page n of iz (c) Following execution, such agreement shall be recorded by the city clerk in the chain of title for such property in the records of the Kitsap County auditor. SECTION 6. Port Orchard Municipal Code Section 13.04.050 is hereby amended to read as follows: 13.04.05o Billing. (r) 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 25 days after the due date shall be considered delinquent and shall be subject to an additional charge of to 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 premises during normal working hours for the purpose of hanging a written notice on the door, there shall be a $ro.00 charge added to the account. (4) If the delinquent water and/or sewer charges remain unpaid over a period of 3o 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 turnoff fee, have been paid in full. The turnoff fee shall be $20.00, unless the same account should become delinquent during a 12- month period. On a second occurrence, the turnoff fee shall be $30.00. On the third occurrence and each subsequent occurrence, the turnoff fee shall be $40.00. (a) It is unlawful for the owner or occupant of the premises to turn on/off the water, cause damage, or cause it to be turned on, after it has been shut off or locked by the city. The above charges under section (4) will apply if the city has to return to re -shut off an account that is supposed to be turned off at the meter for non-payment. (5) Where both water and sewer delinquent charges are involved, the customer shall not be billed double penalties. SECTION 7. Port Orchard Municipal Code Section 13.04.o6o is hereby amended to read as follows: 13.04.o6o Liens. The city treasurer is directed to prepare and file a lien against any property where water and/or sewer charges or water and/or sewer connection fees remain unpaid for four months as provided in RCW 35.21.290 and 35.67.200. The fee to be applied to the account will be based on the current charges as established by the county auditor when the lien is filed. The remedy provided in this section shall be in addition to any other remedy now and Ordinance No.027-11 Page 12 of 1R hereafter provided by law. All charges, together with penalties and interest which may be provided by this chapter, shall be a lien upon the property to which such service is furnished. Water and/or sewer charges or sewer connection liens shall be superior to all other liens and encumbrances whatsoever, except those for general taxes and local and special assessments. The liens shall be enforced by the city in the manner provided by law. The additional and concurrent method of enforcing the lien of the city for the delinquent and unpaid charges by turning off the water and/or sewer service from the premises shall not be exercised after two years from the date of recording the lien notice, as provided by law. One exception to this is to enforce payment of six months' charges for which no lien notice is required by law to be recorded. SECTION 8. Port Orchard Municipal Code Section 13.04.100 is hereby amended to read as follows: 13.04.100 Cross connections. The installation or maintenance of any cross connection which would endanger the water supply of the City of Port Orchard is prohibited. Such cross connections are declared to be a public health hazard and shall be abated. The control or elimination of cross connections shall be in accordance with WAC 246 290 49o. The policies, procedures and criteria for determining appropriate levels of protection shall be in accordance with the Accepted Procedure and Practice in Cross Connection Control Manual — Pacific Northwest Section — American Water Works Association, Fourth Edition, or any superseding edition. It shall be the responsibility of the city to protect the potable water system from contamination or pollution due to cross connections. Water service to any premises shall be contingent upon the customer providing cross connection control in a manner approved by the city engineer. Backflow prevention assemblies required to be installed shall be a model approved by the Kitsap County health department. The city engineer, or his designated representative with proper identification, shall have free access at reasonable hours of the day to all parts of the premises or within the building to which the water is supplied. Water service may be refused or terminated to any premises for failure to allow necessary inspections. SECTION 9. Savings Clause. The fees and charges currently set forth in Port Orchard Municipal Code Chapter 13.040shall remain in full force and effect through December 31, 2011. SECTION io. 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. Ordinance No.027-11 Page ig of i� SECTION ii. This ordinance shall be in full force and effect five (5) days after posting and publication as required by law. 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, APPRO D by the Mayo and attested by the City Clerk in authentication of such passage this i3t ad DeserC ii. A ST: tricia J. Kleatri6ki MMC, City Clerk APPROVED AS TO FORM: Gregory A. Jac y, City A to ney Sponsored by: k: J Rob Putaansuu, Councilmember NOTICE OF CITY OF PORT ORCHARD ORDINANCE The following is a summary of an Ordinance approved by the Port Orchard City Council at their regular Council meeting held December 13, 2011. ORDINANCE NO. 027-11 AN ORDINANCE OF THE CITY OF PORT ORCHARD, WASHINGTON, AMENDING PORT ORCHARD MUNICIPAL CODE CHAPTER 13.04 "WATER AND SEWERS" BY INCREASING CERTAIN WATER AND SEWER CHARGES AND FEES IN ACCORDANCE WITH INCREASES IN THE CONSUMER PRICE INDEX AND BY CORRECTING CERTAIN SCRIVENERS ERRORS Copies of Ordinance No. 027-11 are available for review at the office of the City Clerk of the City of Port 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. 027-11 will be provided at a nominal charge. City of Port Orchard Patti Kirkpatrick City Clerk Publish: Kitsap Sun December 16, 2011