HomeMy WebLinkAbout2666 Creating a Special System Development Charge Fund and Establishing a System Development Charge Low Income Deferral AccountOrdinance No. 2666
AN ORDINANCE OF THE CITY OF PORT TOWNSEND CREATING A SPECIAL
"SYSTEM DEVELOPMENT CHARGE" (SDC) FUND; ESTABLISHING A "SYSTEM
DEVELOPMENT CHARGE LOW INCOME DEFERRAL ACCOUNT" IN THE
SYSTEM DEVELOPMENT CHARGE FUND; APPROPRIATING THE SUM OF
$15,000 TO THE SYSTEM DEVELOPMENT LOW INCOME DEFERRAL
ACCOUNT; AMENDING THE 1998 BUDGET; MAKING FINDINGS AND
DECLARING AN EMERGENCY
SECTION 1. FINDINGS
THE CITY COUNCIL OF THE CITY OF PORT TOWNSEND, UPON REVIEW OF
THE 1998 BUDGET, MAKES THE FOLLOWING FINDINGS:
1. Pursuant to Chapter 13.03 PTMC, the City of Port Townsend has determined that it is
reasonable and in the public interest to collect water and wastewater system development charges
for the purpose of recovering a proportionate share of the actual and projected costs of water and
wastewater facilities from those properties which, as a part of their development and use, create
the need for those facilities. The SDC provisions of City code enable the City to appropriately
allocate system costs to those parties who create system development needs, thereby mitigating
the impact of system development costs which would otherwise be imposed upon existing rate
payers. The City Council deems it necessary to establish a separate special fund for the deposit
of SDC revenues, to enable the best accounting and tracking of these funds, including the
appropriate expenditures of SDC funds in accordance with Chapter 13.03 PTMC, the City
Budget, and Washington law; and
2. At the City Council's regularly scheduled Council meeting held on the second day of
November, 1998, the City Council adopted Ordinance No. 2667 adopting a new
Section 13.03.110 PTMC, establishing a program allowing the deferral of system development
charges (SDCs) for low-income single family housing projects, and enabling the City of Port
Townsend to allow deferred payment of system development charges for qualified applicants; and
3. Ordinance No. 2667 requires that the City establish a separate account within the SDC
Fund, to be known as the "System Development Charge Low Income Deferral Account," for the
purpose of paying deferred SDCs from General Fund revenues, transferring payments from the
SDC Low Income Deferral Account into the System Development Charge Fund; and
and
The Findings adopted in Ordinance No. 2667 are incorporated herein by this reference;
5. The above Findings are due to events which could not reasonably have been anticipated at
the time of adoption of the 1998 Budget; and
6. On November 2, 1998, at the City Council's regularly scheduled meeting, the City Council
held a public hearing for the purpose of receiving and considering public comments regarding the
amendment of the 1998 Budget as proposed by this Ordinance; and
7. Pursuant to Chapter 35A.33 RCW, the City Council desires to supplement the 1998
Budget,
NOW, THEREFORE, the City Council of the City of Port Townsend does ordain as
follows:
SECTION 2.
ESTABLISHMENT OF SYSTEM DEVELOPMENT CHARGE FUND
There is hereby established a special fund, to be known as the "System Development Charge
(SDC) Fund," for the purpose of collecting and depositing all water and wastewater System
Development Charge revenues charged and collected pursuant to Chapter 13.03 PTMC. The
fund shall be maintained as an ongoing fund for the purpose of the deposit and expenditure of
SDC revenues, collected and expended in accordance with Washington law and Chapter 13.03
PTMC. All monies deposited in the SDC Fund and not expended in any given year shall remain in
the fund from year to year. SDC Fund revenues shall be transferred to such other funds and
expended for such lawful purposes as provided in the City Budget.
SECTION 3.
ESTABLISHMENT OF SYSTEM DEVELOPMENT CHARGE FUND
There is hereby established a special account, to be known as the "System Development Charge
Low Income Deferral Account," established in the SDC Fund, for the purpose of paying sums
deferred by the City Council in accordance with the City's low-income system development
charge deferral program, pursuant to PTMC 13.03.110. The Account shall be funded by General
Fund revenues, and not from funds received from payment of SDCs or other water or wastewater
rates (other than taxes assessed thereon). The Account shall be maintained as an ongoing account
for the purpose of reimbursing the appropriate SDC fund for all deferred SDCs approved by the
City Council in accordance with PTMC 13.03.110. All monies deposited in the SDC Low
Income Deferral Account and not expended in any given year shall remain in the Account from
year to year, and shall not be transferred to any other fund or expended for any purpose, except as
provided herein and as provided in PTMC 13.03.110.
SECTION 4.
APPROPRIATION OF SYSTEM DEVELOPMENT LOW INCOME
DEFERRAL ACCOUNT
The sum of FIFTEEN THOUSAND and NO/100 DOLLARS ($15,000.00) is hereby
appropriated from the City's General Fund current fund balance, as adopted in the 1998 Budget,
2 Ord. 2666
for deposit in the System Development Charge Low Income Deferral Account, as established by
this Ordinance.
SECTION 5.
EMERGENCY DECLARED
There is hereby found and declared to be an emergency requiring the foregoing appropriation and
supplemental to the 1998 Budget.
SECTION 6.
SEVERABILITY
If any provision of this ordinance or its application to any person or circumstance is held invalid,
the remainder of the ordinance, or the application of the provision to other persons or
circumstances is not affected.
This ordinance shall take effect and be in force five days after the date of its publication in
the mapmer provided by law.
Read for the first, second, and third times and adopted by the City Council of the City of
Port Townsend, Washington, at a regular meeting thereof, held this 2nd day of November, 1998.
,4ttest:
Pam Kolacy, Cit~ CIe~rk
11/03/98 Ord\{SDCfund.doc}
Ju 'e I~ulloch, Mayor
3 Ord. 2666