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HomeMy WebLinkAbout1989-3179 ABOLISHING UTILITY CONNECTION AGREEMENT INSTALLMENT CONTRACTS ORDINANCE NO. 3179 AN ORDINANCE relating to public services and utilities; abolishing utility connection agreement installment contracts for water and sewer service; increasing the capital cost recovery charge for sewer connections; limiting installment payment of the sewer capital cost recovery charge, limiting interest and the amount of the water and sewer connection charge and amending Subsection 7.56 040 A, Section 7.58.030, 7.58.040 and enacting a new Subsection7.56.030 E all of the City of Yakima Municipal Code. BE IT ORDAINED BY THE CITY OF YAKIMA: Section 1. Subsection 7.56.040 A of the City of Yakima Municipal Code is hereby amended to read as follows: "7.56.040 A Time of payments -- Lien -- Termination of water service. • A. Connection charges provided for by this chapter shall be paid in full at the time a sewer construction permit is obtained or at the time a request is made for water meter installation, as the case may be. Utility connection agreement installment contracts which have been previously authorized by this section and executed before August 1, 1989 shall remain in full force and effect. On and after August 1, 1989 no new such contracts are authorized nor shall be executed." Section 2. Section 7.58.030 of the City of Yakima Mdnicipal Code is hereby amended to read as follows "7.58.030 Computation of Charge -- Rate -- Limitation. A. Basic charge -- Principal char9e. 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 consists of a basic charge computed 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. Provided, that the interest charged shall not exceed the basic 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 for each lot, tract or parcel, or any portion thereof, situate in the West Valley Area. $0.0368 on and after August 1, 1989, per square foot for each lot, tract or parcel, or any portion thereof, situate in the West Valley Area. • - 1 - DLEGII A3 2. Fruitvale Area, Broadway Area and Fairview-Sumac Area: $0,O101 per square foot for each lot, tract or parcel, or any portion • thereof, situate in the designated area. $0.0165 on and after August 1, 1989 per square foot for each lot, tract or parcel, or any portion thereof, situate in the designated area. C. Limitation of charge. Property occupied solely for rpsiden- tial 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, without any limitation as to the maximum area of the property. D. A»oliC8bilit of basic charses -- Alternate chmr"e, (1) General Application. The provisions of Subsections 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 residential, 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 $114.37 per person for property in 'the West Valley Area, and by the amount of t51.20 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 nonresidential purpose which will dis- charge a volume of waste in excess of 1,190 gallons per acre per day, then the capital cost recovery charge shall be $1.35 per gallon in the West Valley Area, and $'00 per gallon in the other areas, as computed by the City on estimated maximum daily flows " Section 3. Section 7,58.040 of the City of Yakima Municipal Code is hereby amended to read as follows: "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 of approval of an outside utility service application, whichever event was earlier. In the event of any property which shall be developed for a substantially commercial or industrial use, then such charge may be paid pursuant to an agreement executed by the property owner Provided, that such agreement shall only apply to such property for which the entire such charge is five thousand dollars or more. Such agreement shall provide for payment of the principal charge in equal annual installments over a ten year period (with a provision to allow ^ - 2 - DLEGII A4 prepayment of all or any amount of the unpaid balance without penalty), together with interest on the unpaid principal at a rate of one percent above that rate which the City could expect to obtain from investment of the same amount of money for the same term as determined by the Director of Finance and Budget. From time to time the form of the installment agreement shall be subject to approval 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 in the basic charge as provided by Subsection 7.58.030 A of this chapter shall be charged only to the date of such connection or date of approval, whichever date was earl ier. " Section 4. Subsection 7.56.030 E of the City of Yakima Municipal Code is hereby enacted as a new subsection to read as follows: "7.56.030 Computation of charge. E. The maximum amount of interest charged under this section shall not exceed the connection charge nor shall the annual rate exceed ten percent per year." • Section 5. This ordinance shall be in full force and effect thirty days after its passage, approval and publication as provided by law and by the City Charter. PASSED BY THE CITY COUNCIL, signed and approved this 6TH day of JUNE , 1989. M'YIR ATTEST- , LERK Publication Date 06/09/89 Effective Date 07/09189 -3-. DLEGII A5