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HomeMy WebLinkAbout1979-2359 IMPOSING A SANITARY SEWER CAPITAL COST RECOVERY CHARGE; SPECIFYING RATE & TIME OF PAYMENT. ORDINANCE NO. AN ORDINANCE relating to public services and utilities; imposing a sanitary sewer capital cost recovery charge; speci- fying the rate and time of payment of such charge; and enacting Chapter 7.58, "Sanitary Sewer Capital Cost Recovery Charge", and Sections 7.58.010, 7.58.020, 7.58.030, 7.58.040, 7.58.050 and 7.58.060 as a new chapter and new sections of the City of Yakima Muni- cipal Code. BE IT ORDAINED BY THE CITY OF YAKIMA: Section 1. Chapter 7.58, "Sanitary Sewer Capital Cost Recovery Charge", and various sections thereof are hereby enacted as a new chapter and new sections of the City of Yakima Municipal Code, and shall read as follows: "Chapter 7.58 SANITARY SEWER CAPITAL COST RECOVERY CHARGE 7.58.010 PutTose of chapter. The purpose of this chapter is to provide for the recovery of canital expen- ditures, including costs of administration and financing, made by the City for the expansion of and improvements to the city sewer treatment plant and for the installation of and extensions to the City's sanitary sewer system, as those expenditures have been and will be incurted by the City specifically to afford sanitary sewer service to certain geographical areas outside the city boundaries as they existed on July 1, 1978, which affected geo- graphical areas are designated in this chapter. The recovery charge provided by this chapter is a charge in addition to local improvement district assessments, or connection charges provided by Chapter 7.56 of the City of Yakima Municipal Code. 7.58.020 Capital cost recovery charge imposed. A capital cost recovery charge is hereby imposed on the owner of any lot, tract or parcel of real property con- nected to or served by the city sanitary sewer system, where such real nroperty so connected or served is situate in, or partially in, any of the geographical areas depicted as the 'West Valley Area', 'Fruitvale Area', 'Broadway Area' or 'rairview-Sumac Area' on the map identified as 'Sanitary Sewer Capital Cost Recovery Areas', dated December 18, 1979 filed in the of the Yakima City. Clerk, which map is by this reference incorporated herein, and which map may be amended from time to time by resolution of the City Council. 7.58.030 Computation of charge--Rate--Limitation. A. Basic charge--Principal charge Subject to the provisions of Subsection D of this section, the capital cost recovery charge against any particular lot, tract or parcel of land shall consist of a basic charge com- puted according to the schedule of basic charge rates specified in Subsection B of this section, to which basic charge shall be added interest at the annual rate of 7% from and after January 1, 1979. The basic charge, together with interest as provided herein, shall constitute the principal sanitary sewer capital cost recovery charge. B. Basic charge rates. Subject to the maximum charge as limited by the provisions of Subsection C of this section, the basic capital cost recovery charge imposed by this chapter shall be computed according to the following schedule of rates: 1. West Valley Area: $0.0226 per square foot 410 for each lot, tract or parcel, or any portion thereof, situate in the West Valley Area. 2. Fruitvale Area, 0.0101 per square foot for Broadway Area and each lot, tract or Fairview-Sumac parcel, or any por- Area: tion thereof, situate in any such designated area. C. Limitation of charge. Property occupied solely for residential purposes shall be charged at the appropriate rate, specified by Subsection B of this section, up to a maximum area of 12,000 square feet for each residential dwelling unit on the property. Property used for any commercial or industrial purpose shall be charged for the entire area of the property, with9ut any limitation as to the maximum area of the property. D. Applicability of basic charge---Alternate charge. (1) General Application. The provisions of Subsec- tions A, B and C of this Section 7.58.030 apply only to property from which the volume of waste discharge is or will be equivalent to or less than that from property developed to accommodate a population density equivalent to 14 persons or less per net residential acre, regardless of whether the property is or will be developed for resi- dential, commercial or industrial purposes. (2) Alternate charge--Residential. In the event any property is or will be developed for residential use to accommodate more than 14 persons per net residential acre, then the amount of the capital cost recovery,charge shall be computed according to the number of persons the residential property is or will be developed to accommodate, with such computations to be made by the City based on information available from the most recent United States census data. In such event, the capital cost recovery charge shall be determined by multiplying the number of persons to be accommodated by the amount of $70.25 per per- son for property in the West Valley Area, and by the amount of $31.45 per person for the other areas referred to in Section 7.58.020 of this chapter. (3) Alternate charge--nonresidential. In the event any property is or will be developed for any nonresiden- tial purpose which will discharge a volume of waste in excess of 1,190 gallons per acre per day, then the capital cost recovery charge shall be 83O per gallon in the West Valley Area, and 37¢ per gallon in the other areas, as computed by the City on estimated maximum daily flows. 7.58.040 Manner and time of payment. The principal sanitary sewer capital cost recovery charge, determined according to Section 7.58.030 of this chapter, shall be paid at the time application is made to the City for a plumbing permit for the sewer connection, or at the time -2- of approval of an outside utility service application, whichever event earlier occurs; provided, such charge may be paid pursuant to an agreement executed by the property owner to provide for payment of the principal charge in equal annual installments over a ten year period (with a provision to allow prepayment of all or any amount of the unpaid balance without penalty), together with interest • on the unpaid principal at the rate of 7% per annum. The form of such an installment agreement shall be subject to approval from time to time by resolution of the Yakima City Council, In the event a connection was made, or approval given for outside utility service, prior to the effective date of this chapter, the interest on the basic charge as pro- vided by Subsection 7.58.030 A of this chapter shall be charged only to the date of such connection or date of appro- . val, whichever date was earlier. 7.58.050 Recalculation of charge. In the event any lot, tract or parcel is improved, or the use thereof is changed or intensified, so as to increase the volume of waste discharged from the property, then the amount of the capital cost recovery charge is subject to recalcula- tion and increase according to the provisions of Subsec- tion 7.58.030 D of this chapter. Any such increase shall be paid in the time and manner specified by Section 7.58.040 of this chapter. 7.58.060 Money to be credited to sewer construction fund. All moneys collected pursuant to the provisions of this chapter shall be paid into and credited to the Sewer 'Construction Fund of the City of Yakima to be subsequently expended for purposes provided by Chapter 3.60 of the City Of Yakima Municipal Code." Section 2. This ordinance shall be in full force and effect thirty days after its passage, approval and publication as pro- vided by law and by the City Charter. PASSED BY THE CITY COUNCIL, signed and approved this )day of kfLA, 1975 . • (0, ,W ( Mayor ATTEST: - C y Cler 111 -3-