064-21 - Ordinance - Water Capital Facility ChargeORDINANCE NO. 064-21
AN ORDINANCE OF THE CITY OF PORT ORCHARD, WASHINGTON, RELATING
TO THE WATER CAPITAL FACILITY CHARGE (CFC); AMENDING ORDINANCE
NO. 058-21 AND PORT ORCHARD MUNICIPAL CODE (POMC) SECTION
13.04.025 TO REMOVE CONSUMER PRICE INDEX ADJUSTMENT; PROVIDING
FOR SEVERABILITY; AND ESTABLISHING AN EFFECTIVE DATE.
WHEREAS, the City of Port Orchard charges a Water Capital Facility Charge (Water 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 recently updated the City's Sewer CFC and Water CFC rates following
detailed rate studies in Ordinance No. 058-21; and
WHEREAS, consistent with POMC 13.04.065, on October 1, 2021, all capital facility charges,
connection fees, and fees in lieu of assessment, but excluding water and sewer rates, were
automatically adjusted based upon the All Urban Consumers Price Index (CPI) for the Seattle -Tacoma -
Bremerton area as published by the U.S. Department of Labor, Bureau of Labor Statistics, forthe prior
June, and by this Ordinance that rate adjustment is memorialized in POMC 13.04.025; and
WHEREAS, pursuant to POMC 13.04.065, because the City's Water CFC rates were adjusted by
the City Council in the six-month period prior to October 1, 2021, those rates were exempt from the
automatic CPI adjustment and staff did not implement a CPI increase for those rates on October 1,
2021; and
WHEREAS, the City Council finds that the amendments herein are necessary to clarify the
Water CFC rate to remove the CPI adjustment included in error, and to ratify Staff's actions consistent
with the POMC; and
WHEREAS, the City Council finds that this amendment is 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 CITY COUNCIL OF THE CITY OF PORT ORCHARD, WASHINGTON, DO ORDAIN AS
FOLLOWS:
SECTION 1. Ordinance No. 058-21 at Section 1 and Section 13.04.025 of the Port Orchard
Municipal Code is hereby amended to read as follows:
13.04.025 Fee schedule.
(1) The fees set forth below are referenced in POMC 13.04.030, 13.04.033, 13.04.035 and
13.04.040.
Ordinance No. 064-21
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Water Sewer Connection Fees
Water Capital
POMC
Facility Charge
13.04.030(1)(a)
Per ERU (except
$11,571
irrigation)
Irrigation — Per meter
$11 571
SECTION 2. The Council hereby ratifies all actions take prior to this Ordinance that are
consistent with the authorization set out in this Ordinance.
SECTION 3. 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 4. Corrections. Upon the approval of the city attorney, the city clerk and/or
code publisher is authorized to make any necessary technical corrections to this Ordinance,
including but not limited to the correction of scrivener's/clerical errors, references, Ordinance
numbering, section/subsection numbers, and any reference thereto.
SECTION 5. Effective Date. This ordinance shall be posted and published as required by
law and shall be effective and in full force five (5) days following publication. A summary of this
ordinance may be published in lieu of publishing the ordinance in its 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 2111 day of December 2021.
ATTEST:
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Brandy Rinearson, MMC, City Clerk
��A,glaerfU,,utaansuu, Mayor
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APPROVED AS TO FORM:
Charlotte A. Archer, City Attorney
PUBLISHED: December 26, 2021
EFFECTIVE DATE: December 31, 2021
Ordinance No. 064-21
SPONS
Shawn Cucciardi, Councilmember
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