HomeMy WebLinkAbout3312 Related to System Development Fees and Amending Section 13.03.080 and Repealing Section 13.03.090 of the Port Townsend Municipal CodeOrdinance 3312
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ORDINANCE NO. 3312
AN ORDINANCE OF THE CITY OF PORT TOWNSEND, WASHINGTON, RELATED
TO SYSTEM DEVELOPMENT FEES AND AMENDING SECTION 13.03.080 AND
REPEALING SECTION 13.03.090 OF THE PORT TOWNSEND MUNICIPAL CODE
WHEREAS, the City of Port Townsend collects system development charges (SDC) for
the water and wastewater utilities that contribute to the capital costs of system expansion; and
WHEREAS, the City code is silent as to SDCs for abandoned or discontinued service
and so has charged new SDCs regardless of how long the service is discontinued; and
WHEREAS, the City code also mandates an annual CPI adjustment to SDCs that the
City has not followed since SDCs are calculated based on specific legal formulas;
NOW, THEREFORE, the City Council of the City of Port Townsend ordains as
follows:
Section„ 1. µAmendment. Section 13.03.080 of the Port Townsend Municipal Code is
amended as set forth below:
13.03.080 System development charge credit.
A. The owner or previous owner of a property that has been assessed through a local
improvement district or through a special assessment for water or sewer general facilities shall be
given a credit towards payment of the SDC calculated under this chapter. The credit shall be
determined by prorating the current SDC as the required share against the previously paid
assessment for identified general facilities. The ENR index for each time period shall be the
method of establishing the value of the amount previously paid.
B. For existing customers that upgrade or expand their system ERU requirements, the customer
shall receive credit for the previous ERU for which an SDC was paid. No credit for reducing an
ERU demand will be granted.
C.. ,_:r pr crey hasAisconriected water or_..wastewater services for more than..f.ve.yeIrs W_tlre�l
...�.
customer will be charged for SDCs forthetotal number of estimated ERUs prior to resuming
rater, or wastewater sgKKtc, tegar(lcss of whether the f�t��frerty ismredevelcllle�l �rr,trot.
Section m„2, i; ;el� gi. Section 13.03.090 is repealed as set forth below:
,
•1-3 03�.!0�'Systm..++�la�me`rt,..lar� �rd,rrrrtrr�t.
l::l� �” i t lr 1re lirrsto l.. rr l fir -on -J marry 1, c r frrrg..t tl e.,S tt1 r�r l r�rrtr ti rirr g
l�lw:s 1..�'r� �<ir:r...�'ost�-lmr�dex-f1-�N11,,-tr��lrMrtl°rer�sis-sjrrste l�s�l rr..r��v:�r.l�t��rtirrr�
Section 3......ev:erabii.ity. If any sentence, clause or phrase of this ordinance should be held
to be invalid or unconstitutional by a court of competent jurisdiction, such invalidity or
Ordinance 3312
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unconstitutionality shall not affect the validity or constitutionality of any other section, sentence,
clause or phrase or work of this ordinance.
Section 4. Notwithstanding any provisions to the contrary in Chapter 1.01.015 of the
Port Townsend Municipal Code, staff and the Code Reviser are authorized to update and
incorporate changes adopted in the Port Townsend Municipal Code. Staff and the Code Reviser
are further authorized to make non -substantive edits related to numbering, grammar, spelling,
and formatting consistent with this Ordinance.
Section 5. Effective Date. This ordinance shall take effect and be in force five days after
the date of its publication in the manner provided by law. Publication of this ordinance shall be
by summary thereof consisting of the title.
ADOPTED by the City Council of the City of
meeting thereof, held this 17"' day of April 2023.
Townsend, Washington, at a regular
Mayor
Approved as to Form:
--T,Oti6reen yooci
City Attorney