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HomeMy WebLinkAbout2954 Water System Plan 2007ORDINANCE N0.2954 AN ORDINANCE OF THE CITY OF PORT TOWNSEND ADOPTING THE CITY OF PORT TOWNSEND 2007 WATER SYSTEM PLAN AND ESTABLISHING AN EFFECTIVE DATE FINDINGS AND RECITALS. Based upon the public record before the Port Townsend City Council, the City Council of the City of Port Townsend finds as follows: In the State Board of Health Code, Chapter 43.20 RCW, the Washington State Legislature has authorized the State Department of Health to adopt rules and standazds for public water systems, including mandatory planning and system development requirements. In accordance with Chapter 43.20 RCW, and for the purpose of protection of public health and safety, the Department ofHealth, through WAC 246- 290, requires all public water utilities to prepare comprehensive water system plans consistent with the provisions of state law. In accordance with Washington law, and for the protection of public health and safety, the City has the authority to undertake necessary planning and regulatory activities regarding the City's municipal water utility. 2. On 29 July 1998 City adopted the current Water System Plan with the passage of Ordinance No. 2657. The Washington State Department of Health requires that water system plans be updated every six years. In 2005 the City initiated the process of updating of the 1998 Water System Plan. 3. The City of Port Townsend adopted its Growth Management Act Comprehensive Plan in accordance with the Washington State Growth Management Act (GMA) on July 15, 1996, Ordinance No. 2539. All findings, recitals and other provisions of Ordinance No. 2539, and all provisions of the Comprehensive Plan and the public record supporting the Comprehensive Plan are incorporated herein by this reference. Adoption of the Comprehensive Plan was an essential prerequisite to adoption of a Water System Plan, in that the GMA Comprehensive Plan provides the City with analysis and guidance in assessing and anticipating population growth and infrastructure needs for the present and future residents within the City's wafer system service areas 4. The City's Water Service Area Boundary was modified in 2001 to reflect the changes associated with the exchange of water systems with the PUD. The Water Service Area Boundary was reconfirmed by the City Council on 2 Apri12007. During this action the Council affirmed that the City would not serve new customers on the western side of the Jacob Miller Road boundary. On 10 January 2007, and afrer timely public notice, the City's SEPA Responsible Official issued adetermination ofnon-significance (DNS) in accordance with Chapter Page 1 Ordinance 2954 43.21 C RC W, the State Environmental Policy Act (SEPA), with a final DNS issued thereafter. The City did not receive an appeal of the SEPA threshold determination. 6. In accordance with Washington law, the City forwarded the draft Water System Plan to the State of Washington Department of Health for review and comment. On 23 January 2007 the Department of Health provided comments to the City's Draft Water System Plan Update. The City responded to the comments on 20 February 2007, and appropriately incorporated DOH comments into the Draft Water System Plan. Following City Council approval of the Water System Plan, the Plan will be submitted to DOH for their final approval. 7. The Port Townsend Water System Plan contains goals, policies, system maps and design standards intended to guide the development of water system facilities. Important components of the Plan include: (a) An overview and inventory of the City's water system, including an analysis of the City's water rights, existing facilities, and existing and potential regulatory requirements; (b) An analysis of existing water service area needs and conditions, including land use designations and trends having an impact on water service delivery; (c) A forecast of water system demands, based upon population trends and projected water use needs; (d) An analysis of water quality considerations, including potential organic and inorganic contaminants, and system needs to address potential contamination concerns, both for the City's surface and groundwater systems; (e) An analysis of water conservation needs and opportunities, based upon current and future system demands; (f) An analysis of current and needed water storage systems, and distribution system needs; (g) A capital facilities program, identifying system development needs to provide appropriate water service needs; (h) A financial evaluation, including funding policies and an analysis of potential revenue sources to meet system maintenance and improvement demands; and (i) An analysis of operation and maintenance program needs. The Port Townsend Water System Plan has been prepared in conformance with the requirements of Chapter 43.20 RCW and WAC 246-290, and is consistent with and compatible with the Jefferson County Coordinated Water System Plan, adopted in Page 2 Ordinance 2954 accordance with Chapter 70.116 RCW. 9. The City Council's Public Works Committee has discussed the Water System Plan in regularly noticed open, public Council Committee meetings. 10. On 20 August 2007, at its regularly scheduled open public meeting, the City Council heard public comments regarding the Water Plan. 11. Based upon the foregoing findings and recitals, the City Council finds that adoption of the 2007 Port Townsend Water System Plan is consistent with and implements the City's Water System Policies, the requirements of Washington law, and serves and advances the public health, safety and welfare of Port Townsend and Jefferson County citizens. NOW, THEREFORE, based upon the public record and the foregoing Findings and Recitals, the City Council of the City of Port Townsend does ordain as follows: SECTION 1. ADOPTION. The 2007 Port Townsend Water System Plan, including "Volume 2, Appendices," as recommended by the City Council's Public Works Committee (both the Plan and Appendices included as EXHIBIT A attached hereto), is approved in its entirety. The Council declares that the adoption of the Water System Plan through this Ordinance is necessary for the protection of public health-and public safety. The City is currently reviewing changes to utility rates. Upon final adoption of changes to utility rates, expected to occur later this year, the Council declares its intention to revise Section 9 -Financial Analysis of the adopted Water System Plan in a manner consistent with the adopted rates. SECTION 2. REPEALER. Any previously adopted Water Plans are hereby repealed in their entirety and replaced with the new 2007 Water System Plan adopted in accordance with this Ordinance. SECTION 3. PREPARATION OF FINAL WATER SYSTEM PLAN COPIES. Copies of a Final Port Townsend Water System Plan approved by the City Council shall be prepared by Port Townsend Department of Public Works staff and shall be made available for public inspection within 30 days of final approval by the State Department of Health. The Final Plan shall include as necessary all grammatical and numerical revisions and revisions. SECTION 4. FILING. The Water System Plan as approved by the City Council shall be filed with the City Clerk and shall be available for public inspection upon the effective date of this Ordinance. SECTION 5. TRANSMITTAL TO DEPARTMENT OF HEALTH. Upon completion of all final revisions, the Department of Public Works shall promptly transmit a copy of the final Port Townsend Water System Plan to the State Department of Health. SECTION 6. EFFECT OF REPEALED WATER SYSTEM PLAN(S). Upon the approval of the 2007 Water System Plan by the State Department of Health, any previously Page 3 Ordinance 294 drafted and adopted Watex Plan(s) repealed by this Ordinance shall be superseded by the 2007 Water System Plan, EXHIBIT A. If the Watef System Plan adopted pursuant to this Ordinance is at any time hereafter declared by a court of competent jurisdiction in its entirety to be invalid or of no effect, the 1998 Plan shall constitute the City's Water System Plan exclusively for Washington State DOH compliance purposes, and all water system-related planning and regulatory actions by the City of Port Townsend undertaken thereafter shall be governed by adopted City Engineering Design Standards and the 1997 CWSP, including the City's Water Utility Service Area Agreement. SECTION 7. SEVERABILITY. If any clause, sentence, paragraph, section or part of this Ordinance or the Plan adopted herein, or their 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 or Plan. To this end, the provisions of each clause, sentence, paragraph, section or part of this Ordinance and Plan are declared severable. SECTION 8. EFFECTIVE DATE. This Ordinance shall be the date on which the State Department of Health approves in writing the 2007 Water System Plan, which date is more than five days following publication of this Ordinance or a summary thereof. If DOH does not approve the Plan in its entirety, then those portions approved by DOH shall be effective, and the portions not approved by DOH shall not be included in this adoption. Adopted by the City Council of the City of Port Townsend, Washington, at a regular meeting thereof, held this fifteenth day of October, 2007. ~~ ~ ----- Mark Welch, Mayor Attest: Pamela Kolacy, CMC ~' City Clerk Approved as to Form: John P. Watts City Attorney Page 4 Ordinance 2954