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HomeMy WebLinkAbout2609 Water and Sewer Main Extensions/Latecomer Agreements/Irrigation Meter Fee ExtensionOrdlnanee No. AN ORDINANCE OF THE CITY OF PORT TOWNSEND AMENDING THE PORT TOWNSEND MUNICIPAL CODE, TITLE 13, CHAPTERS/SECTIONS AS FOLLOWS: TO CLARIFY CODE PROVISIONS RELATED TO WATER AND SEWER MAIN EXTENSIONS AND LATECOMER AGREEMENTS, AND TO EXTEND THE DATE FOR CHARGING IRRIGATION METERS A MONTHLY BASE FEE TO SEPTEMBER 1, 1998 WHEREAS, in April of 1997, the City Council adopted a new Title I3 to the Port Townsend Municipal Code; and WHEREAS, the City Council desires to clarify the meaning of the word "premises" in the definitions section of the code in order to better reflect its original intent in adopting Title 13; and WHEREAS, the City Council desires to clarify the code requirements related to water and sewer main extensions where a customer owns multiple lots or parcels, in order to give flexibility to property owners to reduce the infrastructure costs of development, while at the same time protect the integrity of the City's utility system and the health and safety of the public by ensuring that utility lines do not cross fights-of-way, and by disallowing service connections via a system of substandard "spaghetti lines"; and WHEREAS, the City Council desires to clarify the code provisions related to latecomer agreements and the notice requirements of RCW 65.08.170; and WHEREAS, the City Council desires to extend the date for requiting that irrigation meters are to be charged a monthly base fee regardless of whether service is turned on or off, except for premises also served by a domestic tap, for one year, in order to give the Public Works and the Utility Finance departments time to gather more information regarding the number and uses of irrigation taps in the City's water service area, the impact of the code change on customers and utility finances, and to work out administrative procedures for associating irrigation taps with domestic water taps so as to be able to charge accounts correctly; and WHEREAS, the Utilities Committee unanimously recommended such code changes at the Utilities Committee meeting on October 2, 1997, NOW, THE~RE, the City Council of the City of Port Townsend ordains as follows: SECTION 1. Chapter 13.01, PROCEDURES FOR UTILITY DEVELOPMENT, Section 13.01.020, Detrmifions, of the Port Townsend Municipal Code is hereby mended to read as follows: 13.01.020 Dermitions. "Premises" means a home, building, parcel of property, lot(s), mulfifamily service, or group of adjacent buildings utilized under one ownership and under a single control with respect to use of the city's water or sewer system and responsibility for payment therefor. The term "premises" may be used interchangeably with the term "premise." Multiple lots or parcels under single ownership and control may also be considered one premise for the purpo_ scs of this rifle, provided that the lots or parcels are contiguous and are not separated by any fight-of-way, and except as further provided in sections 13.14.010 ~) and 13.23.010(B) of this Tire 13. (Ord. § 1, 1997; Ord. 2579 § 1, 1997). SECTION 2. Chapter 13.04, UTILITY LATECO~ AGREEMENTS, Section 13.04.080, Utility latecomer agreement must be recorded, is hereby amended to read as follows: 13.04.080 Utility latecomer agreement must be recorded. A. In order to become effective, a utility latecomer agreement must be recorded with the Jefferson County auditor. After the agreement has been signed by all parties, the city shall record the agreement, with a notice to title legally describing all properties within the benefit area, which shall constitute the notice ,.,,, ~,... },,u~,y w-urn, u,, ~.v.~, ~.~. a~e Jeh'%r~n C, OUii[-y- audi;or, ~ required by RCW 65.08.170. (Ord. § 2, 1997; Ord. 2579 § 1, 1997; Ord. 2515 § 1, 1996). SECTION 3. Chapter 13.05, UTILITY RATES AND CHARGES, Section 13.05.030, Monthly water rates, subsection C(3) is hereby amended to read as follows: 13.05.030 Monthly water rates. The following monthly rates shall be charged by the city and collected by the treasurer (for the purposes of this chapter, treasurer means the city treasurer or his or her designee) for the use and furnishing of water service, all such rates and charges to be made and paid on a monthly basis: A. Meter Charge. All water used, except for closed connection for fire protection, shall be metered. Monthly service charges and standby fees shall be based on meter size and the quantity of water provided to the customer and shall be paid regardless of whether the service is on or off. The meter charge shall be based on the following schedule: 2 Ord. Inside Adjacent to Outside-of-City City (per City (per (Tri-Area) Meter Size Month) Month) (Per Month) 3/4~ meter $12.00 $15.00 $16.05 1" meter 27.95 34.95 37.40 1-1/4~ meter42.00 52.50 56.25 1-1/2~ meter56.00 70.00 75.00 1-3/4' meter72.90 91.15 97.60 2' meter 89.60 112.00 120.00 3" meter 168.05 210.05 225.00 4" meter 280.05 350.05 375.00 6" meter 560.20 700.25 750.10 8" meter 896.30 1,120.40 1,200.15 A manifold meter installed for irrigation purposes only shall not be subject to a meter charge in addition to the charge for the main service meter. B. Where meters for residential customers larger than five-eighths inch or three-quarter inch have been installed for the convenience of the city, the customer shall be assessed a meter charge only for the three-quarter-inch rate. C. Volume Charges and Summer Use Surcharges. All water use for customews within the city shall be charged a volume rate of $1.75 per 1,000 gallons or portions thereof, customers adjacent to the city limits will be charged a volume rate of $2.20 per 1,000 gallons or portions thereof, and all water use for customers in the outside-of-city (Tri-Area) service area shall be charged a volume rate of $2.35 per 1,000 gallons or portions thereof, except as provided below: 1. For single-unit residential and duplex customers with individual meters, inside the city the volume charge shall be $1.75 per 1,000 gallons plus an additional $0.88 per 1,000 gallons for water use in excess of 11,000 gallons per month during the summer use period. For single-unit residential and duplex customers with individual meters, adjacent to the city limits, the volume charge shall be $2.20 per 1,000 gallons plus an additional $1.10 per 1,000 gallons for use in excess of 11,000 gallons per month during the summer use period. For single-unit residential and duplex customers with individual meters, outside-of-city (Tri-Area) service area, the volume charge shall be $2.35 per 1,000 gallons plus an additional $1.18 per 1,000 gallons for use in excess of 11,000 gallons per month during the summer use period. The summer use period shall be the meter reading periods for usage during June, July, August and September which will appear on bills dated July 1st, August 1st, September 1st and October 1st of each year. 2. For duplex customers with a joint meter and multifamily customers with three or more units inside the city, an additional $0.88 per 1,000 gallons will be assessed for water used in excess of an average of 11,000 gallons per unit for the summer use period. For duplex customers with a joint meter and mulfifamily customers with three or more units adjacent to the city, an additional $1.10 per 1,000 gallons will be assessed for water used in excess of an average of 3 Ord. 11,000 gallons per unit for the summer use period. For duplex customers with a joint meter and multifamily customers with three or more units outside-of-city (Tfi-Area) service area, an additional $1.18 per 1,000 gallons will be assessed for water used in excess of an average of 11,000 gallons per unit for the summer use period. The additional charge shall be based on the total meter reading for all meters used to serve the customer. 3. For irrigation meters, inside the city, the meter charge shall be based on meter size with a volume charge of $1.75 per 1,000 gallons. For irrigation meters adjacent to the city, the meter charge shall be based on meter size with a volume charge of $2.20 per 1,000 gallons. For irrigation meters outside-of-city (Tri-Area) service area, the meter charge shall be based on meter size with a volume charge of $2.35 per 1,000 gallons. Beginning September 1, 199-78, all irrigation meters shall be charged a monthly base fee regardless of whether service is on or off, except those when an irrigation ~ serves a premises that axe is also served by a domestic tap, in which ease a monthly base fee will only be charged when the ~ is turned on. 4. Should there be a period during which meter readings cannot be obtained under a normal reading schedule, the volume charge shall be calculated by averaging the prior consumption for the two months immediately preceding the period for which a meter reading cannot be obtained. Charges for the next month during which acm_al meter reading is taken shall be adjusted for the difference between the average and the actual metered volume for the two-month period involved together with the appropriate meter rate. Where there is a circumstance which, in the reasonable judgment of the treasurer, would make the volume charge calculation erroneous, the volume charge shall be established under such other method as the treasurer deems reasonable and fair. D. Water Charge Method. Meter reading shall be done on a monthly basis. E. Private Fire Protection. Monthly service charges for private fire protection systems shall be as follows: A~acentto Inside City Tri-Area City Limits 2" $10.10 $12.63 $12.63 4" $17.05 $21.31 $21.31 6" $34.38 $42.98 $42.98 F. Commercial and Contract Customers. The monthly meter charges for commercial and contract customers inside the city shall be the same as provided in subsection A of this section with an additional volume charge of $1.75 per 1,000 gallons used unless a current contract specifically provides for an alternative rate schedule. Commercial and contract customers located adjacent to the city limits shall be charged a volume charge of $2.20 per 1,000 gallons used unless a current contract specifically provides for an alternative rate schedule. Commercial and contract customers located outside the city limits fi'ri-Area) shall be charged a volume charge of $2.35 per 1,000 gallons used unless a current contract specifically provides for an alternative rate schedule. 4 Ord. (Ord. ~ § 3, 1997; Ord. 2579 § 1, 1997; Ord. 2496 § 1, 1995; Ord. 2488 § 1, 1995; Ord. 2445 § 1, 1995; Ord. 2434 § 2, 1994; Ord. 2389 § 1, 1993; Ord. 2381 § 1, 1993; Ord. 2341 § 1, 1993; Ord. 2289 § 2, 1992; Ord. 2068 § 2, 1987; Ord. 1979 § 4, 1983; Ord. 1941 § 2, 1982; Ord. 1830 § 1, 1979; ord. 1789 § 2, 1977; Ord. 1601 § 4, 1970; ord. 1471 § 1, 1965; Ord. 1372 § 1, 1959; Ord. 1172 § 1, 1944; Ord. 1110 § 22, I939). SECTION 4. Chapter 13.14, WATER MAIN EXTENSIONS, REPLACEMENTS AND OTHER SYSTEM IMPROVEMENTS, Section 13.14.010, General requirements, is hereby amended to read as follows: 13.14.010 General requirements. A. When Required. A main extension, main replacement, or other system improvement (e.g., hydrants, valves, appurtenances) may be required for any of the following reasons to mitigate the direct impacts of the proposed development: 1. Whenever a customer requests service and the premises to be served does not abut a water main; 2. Whenever the existing water main(s) is not adequate to provide the necessary water pressure or flow requirements (including fireflow); 3. Whenever system looping is necessary or where other components of the water system are inadequate to handle the increased water demands; 4. Whenever necessary to protect public health and safety; or 5. Where indicated by the city's water system plan. B. Extension R~uirements Where Customer Owns Multiple Contiguous Lots or Parcels. Multiple lots or parcels which meet the definition of Upremises' set forth in chapter 13.01.020 and which do not fall under Section 13.14.010A(1) - (5) above, will not require a main extension provided that the following conditions are met. First, some portion of the property to be develo_m~l must abut a main, which ma.v require binding the lots or parcels with a restrictive covenant to run with the land. Any such restrictive covenant must be in a form ac~ptable to the city. attorne.v and must ensure that in the event of any further development of the lots or parcels, all premises to be served will abut a main. Second, the customer/developer must be able to meet all uniform plumbing code. fireflow, engineering design standards and/or lae~alth d~artment requirements without a main extension. B C. Right-of-Way Acquisition. When sufficient right-of-way does not exist, the customer shall provide sufficient right-of-way or utility easements where necessary to serve the needs of the development and for the maintenance and orderly growth of the system. 5 Ord. C D. Hydraulic modeling. The developer shall perform, or pay for the cost of the city to perform, any water system hydraulic modeling necessary to determine the adequacy of the existing system and size of proposed improvements. The directOr shall determine when modeling is required. t9 F.,. Mitigation Costs. 1. The customer shall be required to bear the full costs of all main extensions, replacements, hydrants, valves and other system improvements required by this chapter where reasonably necessary to mitigate the direct impacts of the development. 2. Development Occurring in Tier 1 Areas. Where the installation of these facilities will benefit existing structures and customers already connected to the system, the developer will only be required to pay a proportionate share of the cost of the utility system improvements, defined as that portion fronting the lot(s) owned by the developer and any lots currently unserved and not participating in the construction of the improvements. It will be the city's obligation to fund a pro rata share of utility improvements based on the percentage of lot frontage properties already connected to the system. Undeveloped lots may be included in a benefit assessment area subject to a utility latecomer agreement pursuant to Chapter 13.04 PTMC. However, in the case of developed properties, there is no duty on the part of the city to make connections to the new system. 3. Development Occurring in Tier 2 Areas. Where the installation of these facilities will benefit existing structures and customers already connected to the system, the city will contribute to the cost of the improvements consistent with the city's currently adopted six-year capital improvement plan (uCIP"). In determining proportionate share, the developer will only be required to pay a proportionate share of the cost of the utility system improvements, defined as that portion fronting the lot(s) owned by the developer and any lots currently unserved and not participating in the construction of the improvements. It will be the city's obligation to fund a pro rata share of utility improvements based on the percentage of lot frontage of properties already connected to the system. Undeveloped lots may be included in a benefit assessment area subject to a utility latecomer agreement pursuant to Chapter 13.04 PTMC. However, in the case of developed properties, there is no duty on the part of the city to make connections to the new system. 4. Development in Tier 3. The developer shall pay for the full costs of the installation of these facilities. 5. Oversizing costs. Oversizing costs must be paid in accordance with the criteria established in PTMC 13.14.060. (Ord. § 4, 1997; Ord. 2579 § 1, 1997). SECTION 5. Chapter 13.23, SEWER MAIN EXTENSIONS, REPLACEMENTS, PUMP STATIONS AND OTHER SYSTEM IMPROVEMENTS, Section 13.23.010, General requirements, is hereby amended to read as follows: 6 Ord. 13.23.010 General requirements. A. When Required. A main extension, main replacement, pump station, maintenance hole, force main or o~.r system improvement may be required for any of the following reasons to mitigate the direct impacts of the proposed development: 1. Whenever a customer requests service and the premises to be served does not abut a sewer main; 2. Whenever the existing sewer main(s) is not adequate to provide the neces~ service; 3. Whenever the development cannot be served by a gravity system; 4. Where other components of the sewer system are inadequate to handle the increased wastewater discharges; 5. Whenever necessary to handle wastewater from the development; or 6. Whenever necessary to protect public health and safety. B. Extension Requirements Where Customer Owns Multiple Contiguous Lots or Parcels. Multiple lots or parcels which meet the definition of ~premises' set forth in chapter 13.01.020 and which do not fall under Section 13.23.010A(1) - (6) above: will not require a main extension provided that the following condifons are met. First; some portion of the property to be develo.tw, xl must abut a main_, which may require binding the lots or parcels with a restrictive covenant to run with the land. Any such restrictive covenant must be in a form acceptable to the city. attorney and must ensure that in the event of any further development of the lots or p~cels: all premises to be served will abut a main. Second: the customer/developer must be able to meet all uniform plumbing code; engineering design standards and/or Department of Health alld Department of Ecology requirements without a main extension. B C. Right-of-Way Acquisition. When sufficient right-of-way does not exist, the customer shall provide sufficient fight-of-way or utility easements where necessary to serve the needs of the development and for the maintenance and orderly growth of the system. e D. Mitigation Costs. 1. The customer shall be required to bear the full costs of all main extensions, replacements, hydrants, valves and other system improvements required by this chapter where reasonably necessary to mitigate the direct impacts of the development. 2. Development Occurring in Tier I Areas. Where the installation of these facilities will benefit existing stmc~ and customers already connected to the system, the developer will only be required to pay a proportionate share of the cost of the utility system improvements, defined as that portion fronting the lot(s) owned by the developer and any lots currently unserved and not participating in the construction of the improvements. It will be the city's obligation to fund a pro rata share of utility improvements based on the percentage of lot frontage properties already connected to the system. Undeveloped lots may be included in a benefit assessment area subject to a utility latecomer agreement pursuant to Chapter 13.04 PTMC. However, in the case of 7 Ord. developed properties, there is no duty on the part of the city tO make connectiOns tO the new system. 3. Development OccUrring in Tier 2 Areas. Where the installation of these facilities will benefit existing structures and customers already connected to the system, the city will contribute to the cost of the improvements consistent with the city's currently adopted six-year capital improvement plan ("CIP"). In determining proportionate share, the developer will only be required tO pay a proportionate share of the cost of the u~ty system improvements, defined as that portion fronting the lot(s) owned by the developer and any lots currently unserved and not participating in the construction of the improvements. It will be the city's obligation tO fund a pro rata share of utility improvements based on the percentage of lot frontage of properties already connected to the system. Undeveloped lots may be included in a benefit assessment area subject to a utility latecomer agreement pursuant to Chapter 13.04 PTMC. However, in the case of developed properties, there is no duty on the part of the city to make connections tO the new system. 4. Development in Tier 3 Areas, The developer shall pay for the full costs of the installation of these facilities. 5. Oversizing costs. Oversizing costs must be paid in accordance with the criteria established in PTMC 13.14,060, (Ord. § 5, 1997; Ord. 2579 § 1, 1997). SECTION 6. Severability. If any clause, sentence, paragraph, section or part of this Ordinance or its application tO any person or circumstance is held to be invalid or unconstitutional by a court of competent jurisdiction, such order or judgment shall not affect the validity or constitutionality of the remainder of any part of this Ordinance. To this end, the provisions of each clause, sentence, paragraph, section or pm of this law are declared severable. This ordinance shall take effect and be in force five days after thc date of its publication in the manner provided by law. Read for the first, second, and third times and passed by the City Council of the City of Port Townsend, Washington, at a regular meeting thereof, held this 20th day of October, 1997. SUlie ~d/cCulloch, MaYor Attest: ~/fY3 ~ lerk Pam Kolacy, ci~ Clerk~~ Approved as to Form: AttOrney s Ord, 10/14/97 [Titlel3] Ord\{T-13rev.doc} 9 Ord.