HomeMy WebLinkAbout2007-066 Wastewater Rates, Fees, Charges Adjustments; YMC Amendments ORDINANCE NO 2007 -66
AN ORDINANCE relating to wastewater rates, fees and charges, adjusting various
wastewater rates, fees and charges, amending Sections,
7 58 020, 7 58 030, 7 58 040, 7 58 050, 7 58 060 and 7 58 070 of
the City of Yakima Municipal Code, and providing for related
matters
WHEREAS, the City Of Yakima (the "City ") is authorized by Title 35 RCW to
acquire, construct, own operate and provide financing for waterworks and systems of
sewerage, and to establish rates, fees and charges therefore, and
WHEREAS, RCW 35 67 020 and RCW 35 92.020(2) authorize the City Council
to consider certain factors in classifying customers served or service and facilities
furnished by such system of sewerage, and
WHEREAS, the City Council has considered said factors, and
WHEREAS, the City Council finds that the City has grown to such a size to justify
a second Zone within the City limits, and
WHEREAS, the City Council finds and determines that it is in the best interest of
the citizens of the City that ordinances related to such systems of sewerage, wastewater
rates, fees, charges and related matters be amended as set forth in this Ordinance, and
WHEREAS, the City Council finds and determines that the rates, fees and
charges contained in this Ordinance are fair, just and reasonable, Now, Therefore,
BE IT ORDAINED BY THE CITY OF YAKIMA
Section 1. Section 7 58 010 of the City of Yakima Municipal Code reads as follows
7 58 010 Purpose of chapter
The purpose of this chapter is to allocate an equitable share of the cost of the existing
wastewater system ( "historic cost "), and a reasonable estimate of the actual cost of
connection (including costs associated with expanding the wastewater system) ( "actual
cost "), to persons who connect facilities to the wastewater system
Section 2. Section 7 58 020 of the City of Yakima Municipal Code is hereby
amended to read as follows
"7 58 020 Definitions.
Unless the context specifically indicates otherwise, the meaning of terms in this chapter
shall be as follows
1 "Collection pipes" mean those wastewater system pipes less than twelve inches in
diameter used to collect wastewater from adjacent properties' building sewers
2 "Collection pipe system" means a series of collection pipes extending from a common
connection point to a trunk/interceptor
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3 "Discharge authorization" shall have the same meaning as in Chapter 7 65
4 "Discharger - industrial discharger or user" shall have the same meaning as in
Chapter 7 65
5 "Domestic discharger or user" shall have the same meaning as in Chapter 7 65
6 "Domestic wastewater" shall have the same meaning as in Chapter 7 65
7 "LID waiver" means a waiver of the entire Wastewater Connection Charge for the first
residential connection (SDU or equivalent flow) per parcel for pre- existing residences in
an LID Other new connectors (pre- existing multiple - residential or pre- existing
industrial /commercial) pay treatment, trunkage, and collection for authorized discharges
greater than an SDU However, in the case of other new connectors, the entire actual
collection (lot size) element would be waived
8 "Lot" shall have the same meaning as in Chapter 15 02
9 "Lot area" shall have the same meaning as in Chapter 15 02.
10 "Low- or moderate - income facility owner" means a person who owns a single - family
residential facility and whose annual income is at or below eighty percent of the median
income of the Yakima metropolitan statistical area Where more than one person has an
ownership interest in a residential facility, the term refers to those persons whose
combined annual income is at or below eighty percent of the median income of the
Yakima metropolitan statistical area The median income of the Yakima metropolitan
statistical area shall be determined by reference to data published by the United States
Department of Housing and Urban Development.
11 "Parcel" shall have the same meaning as "lot."
12 "Parcel area" shall have the same meaning as "lot area."
13 "Sewer" shall have the same meaning as in Chapter 7 65
14 "SDU," "single dwelling unit," "SFD" or "single- family dwelling" shall all have the
same meaning as "dwelling, single - family" or "single- family dwelling" in Chapter 15 02
15 "Trunks /interceptors" mean those wastewater system pipes twelve inches or greater
in diameter, and related conduits, used to receive wastewater from collection pipes and
transport it to the wastewater treatment plant.
16 "Wastewater" shall have the same meaning as in Chapter 7 65 For purposes of this
chapter, "wastewater" does not include "food processing wastewater" defined in Chapter
7 12
17 "Wastewater system" shall have the same meaning as "POTW" or "publicly owned
treatment works" in Chapter 7 65 and includes all sewers, pipes, and wastewater
treatment plants For purposes of this chapter, "wastewater system" does not include
"food processing wastewater system" defined in Chapter 7 12.
18 "Wastewater treatment plant" shall have the same meaning as in Chapter 7 65 For
purposes of this chapter, "wastewater treatment plant" does not include "food processing
wastewater treatment plant" defined in Chapter 7 12
19 "Water meter size" shall be determined by reference to the criteria in the Uniform
Plumbing Code or Uniform Building Code as the city may adopt from time to time,
provided that any facility not served by the city water division shall determine "water
meter size" by the criteria established in AWWA Manual M 22 Sizing Water Service
Lines and Meters
20 "Zone 1A" means the area within the city limits of the city of Yakima lying east of 40
Avenue at the time the connection charge established by this chapter is paid
21 "Zone 1 B" means the area within the city limits of the city of Yakima lying west of 40
Avenue at the time the connection charge established by this chapter is paid
22. "Zone 2" means the area within the urban area established by the 1976 Agreement
for Wastewater Treatment and Disposal Service, as amended, excluding Zone 1
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23 "Zone 3" means the area outside Zone 1 and Zone 2 but within the Yakima urban
growth area boundary, established by the 1997 Yakima urban area comprehensive plan,
as that boundary may be revised from time to time "
Section 3. Section 7 58 030 of the City of Yakima Municipal Code is hereby
amended to read as follows
"7 58 030 Connection to the wastewater system -- Connection charge
imposed
A. A connection charge is imposed on the owner of any facility to be connected to the
wastewater system when the owner of the facility to be so connected has not paid a
wastewater connection charge for connecting such facility to the wastewater system,
subject to the provisions below Payment of the connection charge does not convey any
ownership interest in the wastewater system Payment of the connection charge
authorizes connection only to the designated lot and is not transferable to any other lot
except as provided in Section 7 58 090 D
B The Wastewater Connection Charge for any facility located on a lot that has
participated in a local improvement district (L.I D ) for wastewater facilities and has fully
executed an Outside Utility Agreement, if applicable, shall not exceed that in effect at the
time the preliminary assessment roll was passed, provided the Wastewater Connection
Charge is fully paid within one year of time the final assessment roll was passed,
provided however,
C Within Zone 1A or 1B (inside City) the entire Wastewater Connection Charge shall be
waived (see LID waiver) for any single residential unit located on a parcel that has
participated in a local improvement district (LID) for wastewater facilities for which the
Final Assessment Roll was passed after May 3, 2005 or the LID was initiated after May
3, 2005 and prior to the effective day of this ordinance The owners of such parcels
remain obligated for all LID charges
D In order to preserve their right to an LID waiver, all parcels that participate in a local
improvement district (LID) for wastewater facilities initiated after the effective date of this
ordinance must, within one year from the recording of the final assessment roll of such
LID, either (1) connect a facility on the parcel to the wastewater system for purposes of
regular wastewater service, or (2) have a "placeholder" wastewater account established
for the parcel Customers with a "placeholder" account shall be billed at a flat rate of ten
dollars ($10 00) per month ($20 bi- monthly) In the event that an owner fails to make
timely payments on a placeholder account, the parcel shall become permanently
ineligible for a LID waiver for that parcel
E Any participants of an LID that is initiated after the effective date of this ordinance that
fail to commence either an active or "placeholder" wastewater account within the time
requirement set forth shall, when paying their connection charge, enjoy only a waiver of
the parcel size and one SDU equivalent flow toward their actual collection element.
F Parcels that participate in an LID for wastewater facilities either (1) outside of the City
Limits (Zones 2 and 3), or (2) within the City limit (Zones 1A and 1 B) for which the Final
Assessment Roll was passed prior May 3, 2005, shall enjoy only a waiver of the parcel
size and one SDU equivalent flow toward their actual collection element.
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t
G The "Actual Cost" Collection element of the Wastewater Connection Charge for any
facility located on a lot within the boundaries of a local improvement district for
wastewater facilities that does not participate in said local improvement district shall be
the greater of the WCC established by the applicable provision of the Municipal Code or
the final assessment of the LID plus interest."
Section 4. Section 7 58 040 of the City of Yakima Municipal Code is hereby
amended to read as follows
"7 58 040 Calculation of the wastewater connection charge
A. The wastewater connection charge within Zones 1A, 1B, 2, and 3 shall be calculated
based on information and rates existing at the time when payment will be made pursuant
to Section 7 58 080 or when a local improvement district final assessment is authorized
by the city council The connection charge within Zones 1A, 1 B, 2, and 3 shall be equal
to the sum of the following elements
1 Base treatment plant charge (calculated pursuant to Section 7 58 050),
2 Base trunks /interceptors charge (calculated pursuant to Section 7 58 060),
3 Base collection pipes charge (calculated pursuant to Section 7 58 070),
4 City services charge in the amount of six (6 %) percent assessed on the sum of the
first three elements,
5 Administration charge in the amount of fifty ($50 00) dollars per lot, in addition to any
required inspection, permit, or plan review fees, and
6 Wastewater tax, and any other applicable tax, assessed on the sum of the first three
elements (pursuant to Chapter 7 64)
B Charges to be Published The city Code Administration and Planning Manager shall
maintain a schedule of current charges within Zones 1A, 1 B, 2, and 3, shall post such
schedule conspicuously, and shall make copies available to interested persons
C Initial Base Charges Commencing on the effective date of the ordinance codified in
this chapter and until amended pursuant to subsection D of this section, wastewater
connection charges shall be based upon charges set by this chapter
D Amendment of Base Charges The base charges set forth in this chapter may be
amended by ordinance of the city council Such amendments shall become effective no
earlier than thirty days after publication
E Connection charge for properties not within Zones 1A, 1B, 2, or 3 Any person wishing
to connect facilities located on property outside Zones 1A, 1 B, 2, or 3 shall contact the
wastewater manager Such properties may be connected only upon the written approval
of the city manager, and only upon payment of a connection fee established in an
amount sufficient to allocate to the applicant an equitable share of the cost of the
existing wastewater system and a reasonable estimate of the actual cost of connection
(including costs associated with expanding the system) "
Section 5. Section 7 58 050 of the City of Yakima Municipal Code is hereby
amended to read as follows
"7 58 050 Base treatment plant charge.
A. The base treatment plant charge includes both an equitable share of the cost of the
existing wastewater treatment plant ( "historic cost ") and a reasonable estimate of the
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actual cost of connection to the wastewater treatment plant (including costs associated
with expanding the plant) ( "actual cost ").
B For accounts discharging "domestic wastewater ", the amount of this charge is a
function of the amount of water flowing to the facility to be connected and the zone in
which the facility is located The treatment plant charge for single dwelling units (SDUs)
is uniform within each zone The treatment plant charge for non - residential accounts
shall be determined by applying the unit cost listed below to the customer's authorized
discharge flow No charge shall be imposed for any water meter installed for the sole
purpose of irrigation or fire flows The base treatment plant charge for a particular facility
shall be determined by reference to the following chart:
SDU Zone 1A Zone 1B Zone 2 Zone 3
From Jan 14, Historic $193 02 $193 02 $193 02 $487 89
2008 to Dec 31, Actual $533 18 $533 18 $533 18 $533 18
2008 Total $726 20 $726.20 $726 20 $1,021 07
From Jan 1, Historic $258 11 $258 11 $258 11 $598 64
2009 to Dec 31, Actual $532 12 $532.12 $532 12 $532 12
2009 Total $790 23 $790 23 $790 23 $1,130 76
Effective Jan 1, Historic $265 85 $265 85 $265 85 $616 60
2010 Actual $548 08 $548 08 $548 08 $548 08
Total $813 94 $813 94 $813 94 $1,164 68
C The charge for multi -unit housing on a single parcel shall be converted to "single
dwelling units" or SDUs by the following scale
2 -4 units per parcel = 0 8 SDU per unit
5 or more units per parcel =0 64 SDUs per unit.
Multi -unit includes trailer park spaces on single parcels
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Non - residential Zone 1A Zone 1B Zone 2 Zone 3
From Jan 14, Historic $0 728 $0 728 $0 728 $1 840
2008 to Dec 31, Actual $2 012 $2.012 $2 012 $2 012
2008 Total $2 740 $2.740 $2 740 $3 852
From Jan 1, Historic $0 974 $0 974 $0 974 $2.259
2009 to Dec 31, Actual $2.008 $2 008 $2 008 $2 008
2009 Total $2.982 $2 982 $2 982 $4 267
Effective Jan 1, Historic $1 003 $1 003 $1 003 $2 327
2010 Actual $2 068 $2 068 $2 068 $2 068
Total $3 071 $3 071 $3 071 $4 395
D For Non - residential Domestic Wastewater customers, the Base Treatment Plant
charges shall be established by the wastewater manager using the unit price listed
above and the amount of water (hydraulic flow), discharged by the facility as allowed by
its Discharge Authorization Refer to YMC 7 65
E For Non - domestic Discharger accounts, the amount of this charge is a function of the
amount of water (hydraulic flow), Biochemical Oxygen Demand (BOD), and Total
Suspended Solids (TSS) discharged by the facility as allowed by its Discharge
Authorization Refer to YMC 7 65
Non - Domestic Zone 1A Zone 1B Zone 2 Zone 3
Hydraulic
From Jan 14, Historic $0 142 $0 142 $0 142 $0 356
2008 to Dec 31, Actual $0 385 $0 385 $0 385 $0 385
2008 Total $0 527 $0 527 $0 527 $0 741
From Jan 1, Historic $0 195 $0 195 $0 195 $0 452
2009 to Dec 31, Actual $0 402 $0 402 $0 402 $0 402
2009 Total $0 597 $0 597 $0 597 $0 854
Effective Jan 1, Historic $0 201 $0 201 $0 201 $0 466
2010 Actual $0 414 $0 414 $0 414 $0 414
Total $0 615 $0 615 $0 615 $0 880
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Non - domestic Zone 1A Zone 1B Zone 2 Zone 3
BOD
From Jan 14, Historic $132 540 $132 540 $132.540 $337 800
2008 to Dec 31, Actual $302 235 $302 235 $302.235 $302 235
2008 Total $434 775 $434 775 $434 775 $640 035
From Jan 1, Historic $168 580 $168 580 $168 580 $391 100
2009 to Dec 31, Actual $279 670 $279 670 $279 670 $279 670
2009 Total $448 250 $448 250 $448 250 $670 770
Effective Jan 1 Historic $173 637 $173 637 $173 637 $402 833
2010 Actual $288 060 $288 060 $288 060 $288 060
Total $461 698 $461 698 $461 698 $690 893
Non - domestic Zone 1A Zone 1B Zone 2 Zone 3
TSS
From Jan 14, Historic $137 305 $137 305 $137 305 $345 170
2008 to Dec 31, Actual $272 740 $272 740 $272.740 $272 740
2008 Total $410 045 $410 045 $410 045 $617 910
From Jan 1, Historic $189 830 $189 830 $189 830 $440 400
2009 to Dec 31, Actual $286 180 $286 180 $286 180 $286 180
2009 Total $476 110 $476 110 $476 110 $726 580
Effective Jan 1, Historic $195 525 $195 525 $195 525 $453 612
2010 Actual $294 765 $294 765 $294 765 $294 765
Total $490 290 $490 290 $490 290 $748 377
Section 6. Section 7 58 060 of the City of Yakima Municipal Code is hereby
amended to read as follows
"7 58 060 Base trunk/interceptors charge
A. The base trunks /interceptors charge includes both an equitable share of the cost of
the existing trunks /interceptors ( "historic cost ") and a reasonable estimate of the actual
cost of connection to the trunks /interceptors (including costs associated with expanding
the trunks /interceptors system) ( "actual cost ") This charge is the sum of two separate
calculations The first calculation is a function of the size of the lot to be connected The
"parcel size" portion of the base trunks /interceptors charge shall be determined by
multiplying the lot area (measured in square feet (sf)) by the rate given in Table
(Trunk/parcel size) for the zone in which the lot is located The second calculation is a
function of the flow from each connection The "flow" portion of the base
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trunks /interceptors charge shall be determined by multiplying the customer's authorized
flow (measured in gallons per day (gpd)) by the rate given in Table B- (Trunk/flow) for the
zone in which the lot is located
B The wastewater manager may waive all or a portion of the actual cost element of the
base trunks /interceptors charge if the lot owner or developer extends a trunk/interceptor
from the existing trunk /interceptor through or along the entire length of the lot as required
by the sewer comprehensive planning analysis for the area
Table A- (Trunk/parcel size)
Times square feet
Zone lA Zone 1B Zone 2 Zone 3
From Jan 14, Historic $ 007 $ 010 $ 011 $ 029
2008 to Dec 31 Actual $ 013 $ 021 $ 090 $ 126
2008 Total $ 020 $ 031 $ 101 $ 155
From Jan 1, Historic $ 007 $ 014 $ 010 $ 037
2009 to Dec 31 Actual $ 002 $ 018 $ 083 $ 110
2009 Total $ 009 $ 032 $ 093 $ 147
Effective Jan 1, Historic $ 007 $ 014 $ 010 $ 038
2010 Actual $ 002 $ 019 $ 085 $ 113
Total $ 009 $ 033 $ 095 $ 151
Table B- (Trunk/flow)
Times gallons per day
Zone lA Zone 1B Zone 2 Zone 3
From Jan 14, Historic $ 190 $ 279 $ 383 $1 16
2008 to Dec 31 Actual $ 578 $ 989 $4 835 $7 068
2008 Total $ 768 $1 268 $5 218 $8 228
From Jan 1, Historic $ 197 $ 375 $ 517 $1 943
2009 to Dec 31 Actual $ 251 $1 073 $5 099 $6 759
2009 Total $ 448 $1 448 $5 616 $8 702
Effective Jan 1, Historic $ 203 $ 386 $ 533 $2 001
2010 Actual $ 259 $1 105 $5.252 $6 962
Total $ 462 $1 491 $5 785 $8 963
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Section 7. Section 7 58 070 of the City of Yakima Municipal Code is hereby
amended to read as follows
"7 58 070 Base collection pipes charge.
A. The base collection pipes charge includes both an equitable share of the cost of the
existing collection pipes ( "historic cost ") and a reasonable estimate of the actual cost of
connection to the collection pipes (including costs associated with expanding the
collection pipes system) ( "actual cost ") This charge is the sum of two separate
calculations The first calculation is a function of the size of the lot to be connected The
"parcel size" portion of the collection pipe charge shall be determined by multiplying the
lot area (measured in square feet (sf)) by the rate given in Table C- (Collection /parcel
size) for the zone in which the lot is located The second calculation is a function of the
flow from each connection The "flow" portion of the base collection pipe charge shall be
determined by multiplying the customer's authorized flow (measured in gallons per day
(gpd)) by the rate given in Table D- (Collection /flow) for the zone in which the lot is
located
B The wastewater manager may waive all or a portion of the actual cost element of the
base collection pipes charge if (a) the lot is served by a collection pipe system installed
and paid for by the developer of the lot; (b) the lot owner extends a collection pipe from
the existing collection pipe system through or along the entire length of the lot as
required by the sewer comprehensive planning analysis for the area, (c) the lot is
connected to a collection pipe system originally financed by local improvement district
assessments to which contribution was made for the lot; or (d) within Zone 1A, or1 B, the
lot is served by an existing collection pipe system installed by the City or other
governmental agency and is within City of Yakima census tract: 01, 02, 03, 05, 06, 07,
12, 13, 14, 15, 16 or 17
C Within Zone 1A, or 1 B, the wastewater manager may waive fifty percent (50 %) of the
actual cost element of the base collection pipes charge if the lot is served by a collection
pipe system installed and paid for by a developer other than the developer of the lot.
Table C- (Collection /parcel size)
Times square feet
Zone 1A Zone 1B Zone 2 Zone 3
From Jan 14, Historic $ 030 $ 038 $ 018 $ 003
2008 to Dec 31, Actual $ 351 $ 351 $ 351 $ 351
2008 Total $ 381 $ 389 $ 369 $ 354
From Jan 1, Historic $ 026 $ 041 $ 019 $ 004
2009 to Dec 31, Actual $ 372 $ 372 $ 372 $ 372
2009 Total $ 398 $ 413 $ 391 $ 376
Effective Jan 1, Historic $ 027 $ 042 $ 020 $ 004
2010 Actual $ 383 $ 383 $ 383 $ 383
Total $ 410 $ 425 $ 403 $ 387
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Table D- (Collection /flow)
Times gallons per day
Zone 1 A Zone 1B Zone 2 Zone 3
From Jan 14, Historic $ 976 $1 087 $ 493 $ 081
2008 to Dec 31, Actual $11 813 $11 813 $11 813 $11 813
2008 Total $12 789 $12 900 $12 306 $11 894
From Jan 1, Historic $ 821 $1 044 $ 609 $ 122
2009 to Dec 31, Actual $12 640 $12.640 $12 640 $12 640
2009 Total $13 461 $13 684 $13.249 $12.762
From Jan 1, Historic $ 846 $1 075 $ 627 $ 126
2010 Actual $13 019 $13 019 $13 019 $13 019
Total $13 865 $14 094 $13 646 $13 145
Section 8. Section 7 58 075 of the City of Yakima Municipal Code reads as follows
7 58 075 Maximum lot size
A. For single - dwelling units, a maximum parcel size of twelve thousand square feet
(12,000 sf) shall be utilized in calculating charges under Sections 7 58 060 and
7 58 070
B For facilities other than single - dwelling units (i e multi -unit residential, industrial or
commercial facilities), the maximum parcel size utilized in calculating charges under
Sections 7 58 060 and 7 58 070 shall be of the greater of fifty thousand square feet
(50,000 sf) or one hundred -ten percent (110 %) of the footprint of the connected
buildings "
Section 9. Section 7 58 080 of the City of Yakima Municipal Code reads as follows
7 58 080 Time of payments -- Lien -- Suspension of service
A. For Domestic Dischargers, wastewater connection charges shall be paid in full at or
before the time a side sewer permit is obtained
B For Non - Domestic Dischargers, wastewater connection charges, based upon their
initial Discharge Authorization, shall be paid in full at or before the time a side sewer
permit is obtained Any fees due from recalculation of charges (7 58 090) shall be paid
within thirty (30) days of receiving notice Unpaid charges shall constitute a lien against
the connected property Such lien shall be prior to all liens and encumbrances filed
subsequent to its filing with the county auditor, except the lien of general taxes and local
improvement assessments whether levied prior or subsequent thereto
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Section 10. Section 7 58 085 of the City of Yakima Municipal Code reads as follows
7 58 085 Alternative, periodic payment method
A. At any time prior to connection of a facility to the wastewater system, the owner of
that facility may apply to the code administration and planning division for periodic
payment of the applicable connection charge, provided that: (1) the facility owner is a
low- or moderate - income facility owner; (2) the facility is the facility owner's primary and
legal residence, (3) a certificate of occupancy has been issued for the facility and that
certificate remains valid, (4) the facility is connected to a private septic system or some
system of sewerage other than the wastewater system, and (5) the connection charge
applicable to the facility is equal to or greater than one thousand ($1,000) dollars This
periodic payment method shall be an alternative to payment of the full connection charge
prior to connection pursuant to YMC 7 58 080(A)
B To apply for the periodic payment method provided by this section, the facility owner
must execute a request form to be provided by the code administration and planning
division The request form shall be in the form of a contract between the facility owner
and the city, and the general form of the request form shall be approved by the city
attorney and city manager
C At the time of delivery to the facility owner, the request form shall state the amount of
the applicable connection charge and the number and amount of quarterly payments
The code administration and planning division shall determine the amount of the
connection charge by reference to Sections 7 58 040 through 7 58 090 The code
administration and planning division shall also calculate a substantially equal, quarterly
payment amount sufficient to pay the entire principal amount of the connection charge,
together with interest thereon at an annual interest rate equal to the prime rate as quoted
in the Wall Street Journal on the last business day of the month preceding preparation
and delivery of the request form to the facility owner, within three years of the date of
connection if the applicable connection charge is less than or equal to five thousand
($5,000) dollars, or within five (5) years of the date of connection if the applicable
connection charge is more than five thousand ($5,000) dollars The first quarterly
payment shall be due three (3) months after the date of connection
D The facility owner shall provide the remaining information required by the request
form and execute the request form
E The city shall not accept or execute the original or any updated request form unless
(1) the facility owner qualifies as a low- or moderate - income facility owner; (2) the form is
first executed by the facility owner; (3) the applicable connection charge has not
changed from that stated on the request form, (4) the prime rate as quoted in the Wall
Street Journal on the last business day of the month preceding presentation of the
executed Request Form by the facility owner has not changed, and (5) the facility owner
has paid a one hundred ($100) dollar administrative fee for processing the request form
and administering the installment payment program
F If either the applicable connection charge or the prime rate as quoted in the Wall
Street Journal on the last business day of the month preceding presentation of the
executed request form by the facility owner has changed, the city Code Administration
and Planning Manager shall revise the terms and quarterly payment amount to reflect
such changes, and shall return an updated request form to the facility owner, who may
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execute the updated request form and return it to the city Code Administration and
Planning Manager for acceptance and execution by the city
G Once the city has executed the request form, the connection charge, interest rate,
and periodic payments applicable to the subject property shall not be changed from that
amount stated in the request form for a period of ninety (90) days from the date of final
execution by the city In the event that the facility owner fails to complete the connection
within ninety (90) days from the date of final execution by the city, the facility owner must
request, complete, and submit a new request form, which shall be subject to the
requirements of this section
H Nothing in this section shall be construed to limit the city's authority to collect any
delinquent connection charge payment or payments, including the city's authority to
impose a Tien or shut off water service as provided in Chapter 35 67 RCW For purposes
of a lien imposed pursuant to Chapter 35 67 RCW, any delinquency of four quarterly
payments shall constitute a delinquency of one year's charges subject to a sewerage
lien and that lien shall be effective without the necessity of any writing or recording of the
lien
Section 11. Section 7 58 090 of the City of Yakima Municipal Code reads as follows
7.58 090 Recalculation of charges.
A. Improvement, Change in Use In the event any Domestic facility, lot, tract or parcel is
improved, or the use thereof or discharge therefrom is changed or intensified, then the
amount of the connection charge is subject to recalculation and increase according to
Sections 7 58 040 through 7 58 075 Credit shall be allowed for the previously
established flow, provided that, in no case shall the credit exceed the cost of the charge
Any such increase shall be paid in the time and manner specified by Section 7 58 080
A parcel for which the Capital Cost Recovery Charge (CCRC) has been paid or that has
participated in an LID but has not yet connected to the wastewater system shall be
credited with the current value of a Single Dwelling Unit (SDU) connection
B Additional Subdivision of Lots. At such time that any existing lot connected to the
wastewater system is subdivided, a wastewater connection charge shall be assessed
against each new lot formed No additional charge shall be imposed upon the lot where
the facilities that were originally connected are located, unless an increase in flow or
intensity of use is involved Any additional charges due as a result of subdivision shall be
determined as set forth in subsection A of this section and shall be paid in the time and
manner specified in Section 7 58 080
C Altered Discharge In the event discharge from any Non - domestic facility, lot, tract or
parcel is altered, or the use thereof is changed or intensified then the amount of the
applicable wastewater connection charge is subject to recalculation according to
Sections 7 58 040 through 7 58 075 Credit shall be allowed for the facility's existing
Authorized or Permitted Discharge, provided that in no case shall the credit exceed the
cost of the recalculated charge Any such increase shall be paid in the time and manner
specified by Section 7 58 080 B As an additional and concurrent method of collection of
any such delinquent wastewater connection charges, the customer service manager
may suspend the water service or supply to the premises under the same authority
provided in Section 7 60 100
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r
D Relocation of Public Facility In the event that an existing, governmentally- owned,
public facility, as defined by RCW 36 70A.030, is moved from one lot to another adjacent
or nearby lot, the wastewater manager may in his discretion provide a credit against the
wastewater connection charge due at the new lot as follows
1 A determination of the flow and intensity of wastewater historically used prior
to January 2005, or for which a connection charge has already been paid at the
current location of the facility
2 A determination the flow and intensity of wastewater that is expected to
remain being discharged at current location of the facility after the facility has
been moved to the new lot.
3 A determination the flow and intensity of wastewater that is expected to be
discharged at the new location of the facility
4 The difference between #1 and #2 determines what flow /loading may be
available for transfer to the new lot.
5 The Connection charge shall be determined by utilizing the difference
between the flow /loading for the new lot as found by #3 and that transferred from
the current lot as found by #4
The division manager may require, as a condition precedent to the issuance of
any credit, that the Discharger and the owners of the current lot and the new lot
execute, acknowledge and record, a Notice of Wastewater Connection Fees
specifying the terms and conditions upon which additional charges may be due "
Section 12. Section 7 58 095 of the City of Yakima Municipal Code reads as follows
7.58 095 Reimbursable Agreements.
Wastewater reimbursable agreements may be available to an owner of newly connecting
wastewater facilities when such owner, as determined by the City Engineer, builds
collection and /or trunks /interceptors infrastructure that both conforms to the Wastewater
Comprehensive Plan and also provides collection and /or trunks /interceptor facilities that
are in excess of the facilities required to serve the owner's facilities Reimbursable
agreements shall provide for payment to the owner of a fair pro rata share of the cost of
facilities that are in excess of the facilities needed to serve the owner's facilities Any
such payment will be derived from connection fees paid by any owner of real estate who
did not contribute to the initial owner's original cost of such wastewater facilities but who
subsequently taps into or uses such facilities The terms and conditions of any proposed
reimbursable agreement must be established prior to the construction of a project and
are subject to review and approval by the City Council The duration of a reimbursable
agreement shall not exceed fifteen (15) years
2007 WCC
12/11/07 Page 13 of 14
Section 13. Section 7 58 100 of the City of Yakima Municipal Code reads as follows
7.58.100 Money to be credited to wastewater operating fund.
All moneys collected pursuant to this chapter shall be paid into and credited to the
wastewater operating fund as provided in Chapter 3 101
Section 14. This ordinance shall be in full force and effect 30 days after its passage,
approval, and publication as provided by law and by the City Charter A certified copy of
this ordinance shall be recorded by the clerk of the City Council in the office of the
Yakima County Auditor
PASSED BY THE CITY COUNCIL at a regular meeting and signed and
approved this 11th day of December, 2007
David Edler, Mayor
ATTEST
n-cn
City Clerk
Publication Date 12 -14 -07
Effective Date 1 -13 -08
2007 WCC
12/11/07 Page 14 of 14
BUSINESS OF THE CITY COUNCIL
YAKIMA, WASHINGTON
AGENDA STATEMENT
Item No. 2-1
For Meeting Of December 11, 2007
ITEM TITLE: Request for Council Action on:
A) the 2007 Wastewater Cost of Service and Rate Study; and
B) the 2007 Wastewater Connection Charge Study.
SUBMI i 1 ED BY: Dick Zais; City Manger
Dave Zabell; Assistant City Manger
Rita Anson; Finance Director
Doug Mayo; Wastewater Manager
CONTACT PERSON/TELEPHONE: Doug Mayo 575 -6077
SUMMARY EXPLANATION: The 2007 Wastewater Cost of Service and Rate Study and the 2007
Wastewater Connection Charge Study were the subject of a Council Study Session held October 30, 2007.
Both items were presented as Policy Issues in the 2008 budget. An Open Record Public Hearing on budget
Policy Issues was held November 20, 2007. City Council again discussed these policies as part of the
Wastewater Division's budget review on November 27, 2007.. On December 4 2007, Council adopted the
policies as amended from public comments and directed the preparation of adopting legislation.
The proposed ordinances also include some minor language adjustments for clarification and compatibility
with other City ordinances.
Please refer to the following transmittals and memo.
Resolution 2 Ordinance 2 Other (Specify)
Contract Mail to (name and address): Phone
Funding Source All wastewater customer classes and new customers
APPROVED FOR SUBMITTAL:
City Manager
STAFF RECOMMENDATION: Staff respectfully requests City Council to:
A -1) adopt, by resolution, the 2007 Wastewater Cost of Service and Rate Study; and
A -2) enact, by ordinance (YMC 7.60), the 2007 Wastewater Cost of Service recommendations as approved
by Council; and
B -3) adopt, by resolution, the 2007 Wastewater Connection Charge Study; and
B-4) enact, by ordinance (YMC 7.58), the 2007 Wastewater Connection Charge Study recommendations as
approved by Council.
BOARD /COMMISSION RECOMMENDATION:
COUNCIL ACTION:
2001 COS agenda
17ff;d'17
MEMORANDUM
TO: Honorable Mayor, Members of the City Council
FROM: Dick Zais, City Manager
Dave Zabel!, Assistant City Manager
Doug Mayo, Wastewater Manager
SUBJECT: Wastewater Rate Proposal - Strong Waste Alternative
DATE: December 4, 2007
Mayor Edler and staff met with representatives of Del Monte Foods on November 27 to
discuss their concerns regarding the wastewater rate increase policy issue, or more
specifically, the proposed strong waste increase. Del Monte Foods is far and away the
City's largest strong waste generator. In previous correspondence and during the
meeting, Del Monte Foods have expressed concern with the financial impact to their
business should the three annual increases of 10% each be adopted by Council as
proposed in the Wastewater Utility Cost of Service Study.
As background, the rate increases as proposed would reduce the existing strong waste
cost share with city retail customers from over 40% to less than 10 %. The goal of
reducing the cost share to a level less than 0% while appropriate is nonetheless
somewhat arbitrary. The primary objective in reducing the cost share was to correct a
shift that has occurred over time by making a significant shift of the cost to treat strong
waste more directly on the strong waste generators. The amount of cost share is
appropriately a legislative determination.
Based on our discussions with Del Monte representatives, and staff follow up to the
information provided, staff is submitting as an alternative for Council consideration, a
revised proposal that would increase the strong waste rate 7% for each of the next
three years. Del Monte officials indicated that they were hopeful of a significant
decrease in the strong waste rate proposal, ionetheless if the City Council ultimately
were to adopt the rate as proposed they would strive to work with it.
While this revised proposal does not lower the cost share as much as the previous
proposal, it does significantly lower the cost share from over 40% to a level of 15 -18 %.
This revised proposal would reduce estimated strong waste revenues by approximately
$157,000. Staff considers the 7% per annum altemative as fiscally viable and consistent
with the objective of reducing what is currently an imbalance in the cost share for strong
waste.
(REVISED)
COUNCIL STUDY SESSION
TRANSMITTAL
October 30, 2007
To: Honorable Mayor, Members of the City Council
From: Dick Zais, City Manager
Dave Zabell, Assistant City Manager
Doug Mayo, Wastewater Manager
Subject: Transmittal of Mandated 2007 Wastewater Cost of Service and
Rate Study
OPENING:
This memorandum transmits the accompanying 2007 Wastewater Cost of
Service and Rate Study (COS). The need for this COS update was outlined in a
Council Information Item of October 4, 2006 titled Wastewater Utility
Improvement Planning (see Attachment "A "). This COS is presented for your
review, analysis, and comment. This COS and its recommendations shall be
presented as a policy issue with the 2008 budget. Your final deliberation and
action will come during the deliberation of the 2008 budget policy issues. The
COS analyzes the mandated requirements and financial condition of the
Wastewater Operating and Capital Funds and recommends action and adjusted
wastewater rates to meet those conditions.
In October 2004, Council adopted the 2004 Mandated Wastewater Facility Plan
(Facility Plan). This Plan identified over $26.1 million of capital improvements
required within the first 6 years (2004 -2010) to maintain our ability to serve
the community. Of this, $20.2 million (77 %) is due to the City's legal,
mandated. and contractual obligations. We have completed several of the
identified projects and others are under construction. However, due to rapidly
escalating construction costs. the current cost estimate to complete these
projects is over $23 million.
The Facility Plan also identifies the need for an additional $39.5 million of
capital improvements during the years 2011-2016, and $20.2 million of capital
improvements during the years 2017 -2024. The total financial obligation over
the next 17 years (2007 -2024) equals over $70 million in expenses. in addition
to existing programs., for Wastewater Facility operations.
2007 COS
REVISED Transmittal page 1
11/30/07
On October 4, 2006, Council was transmitted for Council information a white -
paper titled Wastewater Utility Improvement Planning. This document outlined
the Division's progress and position toward meeting the mandates outlined in
the 2000 Wastewater Facilities Plan and the 2004 Wastewater Facility Plan.
This paper concludes "The Wastewater budget is fully obligated and spending on
any new or non - emergency projects is on hold for at least 15 Months. In addition.
the City's level of participation in collection system expansion and participation in
non - emergency projects will need to be reevaluated as there are many existing
lines in need of replacement and /or repair. Growth needs to pay for growth.
However, the City's assistance in this area has been a powerful tool for economic
expansion. Both of these efforts will require significant funding ". This paper also
states as "Long Term Funding Strategies: Alternatives to fund mandated
improvements to the WTF include a cost of service evaluation including connection
fees (to be completed in 2007), low interest loans, and additional revenue bonds
depending on capacity available for debt service. For instance; one loan
repayment will be complete in 2008, this will unlock debt service capacity for a
revenue bond of approximately $4,500,000, which could be obtained as early as
2007 with first payments due in 2008. The current dept service is approximately
19.2% of our current budget. The maximum of the budget allowed is 25% ".
The Wastewater Division's ability to meet the needs of the environment and
community continue to face a very expensive future. There will be grave
consequences to the City's ability to meet regulatory and community demands
if these challenges are not adequately met.
REFLECTION:
Staff reviewed the predictions and proposals made in the 2001 Cost of Service
Plan. During the period 2001 through 2006, Operation and Maintenance (0 &M)
expenses for the Wastewater Division showed a cumulative savings of $2.0
million (4.7 %) ($40.9 v. $42.9) from that predicted and revenue showed an
increase of $5.6 million (7.5 %) ($81.1 v. $75.4). However, Capital Transfers
showed an increase of $7.8 million (38.5 %) ($27.9 v. $20.2). Of the increased
transfers, $1.9 million went toward Treatment Facility projects; a portion of the
remaining $5.9 million was invested in the expansion of the collection system.
This investment is a plays a critical role in enabling economic development
throughout the community and to bring much needed service to previously
unsewered existing City neighborhoods.
2007 cos
REVISED Transmittal page 2
11/30/07
{
Staff also reviewed staffing levels during the period 2002 to that recommended
in this COS for 2008. Staffing levels for the entire Wastewater Division decrease
1.52 FTEs. Treatment Facility Operations and Maintenance show a decrease of
1.22 FTE. Increases of 0.03 FTE are shown in Collection Maintenance (in
addition to assisting on projects for several other City divisions, our service area
has increased significantly) and the Pretreatment program that became
delegated during this period increased 1.95 FTE.
During this same period (2002 -2008) our payroll expenses have increased 3.7%
annually compared to an annual increase of 8.5% for our other O &M expenses.
These other expenses include utilities. chemicals. fuel. and other private sector
furnished items required by our operation. Overall, during the period 2002
actual through our 2008 projection, our total expenses, including debt service
and capital transfers, have increased at an annual rate of 6.36 %.
As indicated on TABLE 1 -4, for 2008, the system's expenses are budgeted
to be:
1) Operation and Maintenance Expense % of Total
a) Labor + benefits $4,747,720 (28.6 %)
b) Other * $4,015,599 (24.2 %)
2) Capital Transfers $2,431,850 (14.7 %)
3) Capital Debt Service $3,477,845 (21.0 %)
4) Utility Tax $1.918,150 (11.6 %)
TOTAL $16,591,164
* Chemicals, utilities, fuel, etc.
REQUIREMENTS FOR SEWER RATE ADJUSTMENTS:
This study makes recommendations to adjust the current rate and fee
schedules to accommodate the demands outlined in the 2004 Facility Plan and
satisfy the City's legal, mandated, and contractual obligations.
An accompanying 2007 Update to the Wastewater Connection Charge Study
has also been prepared and is under your consideration. Any adjustment in
Connection rates and charges will have an effect on the rates in this report.
Each $130,000 worth of revenue from any other source translates to a 1%
savings to City retail customers.
2007 COS
REVISED Transmittal page 3
11/30/07
e As a prior recipient of Federal grant assistance, the City is required to:
"Generate sufficient revenue to pay the total operation and maintenance
costs necessary to the proper operation and maintenance (including
replacement) of the treatment works." 40 CFR 35.929 -2(b) (2).
o "The user charge system must be designed to produce adequate revenues
required for operation and maintenance (including repl It shall
provide that each user which discharges pollutants that cause an increase in
the cost of managing the effluent or sludge from the treatment works shall
pay for such increased cost." 40 CFR 35.2140.
The City of Yakima is responsible for securing adequate collection, treatment,
and administrative programs to meet Federal, State, and local wastewater
obligations. In general, those obligations are public health, regulatory
compliance, financing, and community growth. Today there are no more Federal
Grants. However. as a prior recipient of earlier Federal and State grants. the
City remains bound to the terms of the Federal requirements cited above. The
City's financing choices are loans. revenue bonds. or cash. All choices are
entirely supported by wastewater customer rates.
The Proposed Rates Increases are driven by:
o Federal NPDES Permit /Clean Water Act: Failure or delay to
authorize the Plan and rate increase recommendations could lead to
violations of the City's NPDES permit which could mean fines and other
civil and criminal penalties against the City of Yakima and make the City
vulnerable to third party lawsuits. (See Appendix I for existing NPDES
permit.)
® Mandates /Contractual Obligations: Federal and State laws,
Regulatory Agencies, and Contractual Obligation of the City including
obligations of the 4 -Party Agreement and maintaining debt coverage
requirements on existing bonded debt. (See Appendix I for Regulations,
Rules and Citations.)
® Capacity: Without improvements, the capacity of the treatment facility
and some of our trunk pipes will soon be fully utilized.
2007 COS
REVISED Transmittal page 4
11/30/07
® Service: Our ability to provide adequate, professional service to the
community and to new customers of our area is diminishing annually.
O Declining Reserves: In spite of a drop in actual and budgeted
expenditures, all Wastewater funds are experiencing declining reserves
levels. The reserves are declining at over $700,000 per year. This
situation cannot be allowed to continue. If all new construction activity
was halted, and NONE of the Facilities Plan recommendations were
enacted the operating reserve would still fall to ZERO within four years.
CONCLUSION:
If the City does not take decisive action and obtain the resources necessary for
the future, the following consequences could arise:
® The capacity of the Treatment Facility and of several of our major
interceptors will soon be exhausted. A Moratorium on new services
(residential, commercial, and industrial) will likely be required within
ten years or Tess effectively stopping development;
® The City's ability to remain in compliance with all elements of our
Federal NPDES Permit would be in severe jeopardy;
• The City would be unable to meet existing contractual agreements
together with new obligations within our service area limiting
development to the area already served; and
® The City could be unable to meet adequate debt coverage /bond
covenant requirements. This could put the City's credit rating and
ability to borrow money at risk.
2007 COS
REVISED Transmittal page 5
11/30/07
RECOMMENDATIONS:
The following recommendations of rate adjustments are provided to adjust
current rate and fee schedules to generate a target revenue increase required
to meet the 2010 funding requirements of the Wastewater Division's existing
programs and the 2004 -2010 phase of the Updated 2004 Wastewater Facility
Plan ($26.1 million over 6 years). The recommendations for all customer
classes are for a phased rate adjustment beainnina Spring 2008. This option
would allow some reserve capacity to transfer into the second phase 2011-
2016 of the Facility Plan capital requirements.
Implementation of the recommendations in this "cost of service evaluation" will
increase the average City retail customer's bill, over three years, a total of
$3.95 per month (10.8%). During the same period (2008- 2010), rates paid to
the Division from all customers will cumulatively increase $4,010,290. This
increase will predominately be used to meet our obligations to provide
wastewater service to existing City neighborhoods.
Summary of the net effect of the additional revenue (REVISED)
2008 2009 2010 Cumulative
$453,096 1/148,779 2,108,115 /1,010,290
Additional Revenue revised $434,954 1,396,289 2,012,956 3,853,199
Increased Capital Transfers: 000 950,000 1,600,000 2,550,000
Increased 173 Reserve: $453,096 321,926 255,405 1,033,127
Increased 473 Reserve revised: $434,954 272,436 168,946 876,336
2007 COS
REVISED Transmittal page 6
11/30/07
The proposed level rate adjustments of major user groups
being:
User Group 2008 2009 2010 Cumulative
Pretreatment Program 5.5% 5.5% 5.5% 17.4%
County Retail 5.5% 5.5% 5.5% 17A%
Wholesale Municipal Adjustment per 1976 agreement
City Retail Strong Waste 10.0% 10.0% 10.0% 33.1%
City Retail 3.5% 3.5% 3.5% 10.8%
Pretreatment - Section 6
Outside City
Current Rate: $70.91 $53.18
Proposed Rate:
Phase One (13 %)/ (5.5 %) $80.13 $56.11 (includes 40% cost share)
Phase Two (13 %)/ (5.5 %) $90.54 $59.19 (includes 40% cost share)
Phase Three (13 %)/ (5.5 %) $102.32 $62.45 (includes 40% cost share)
Cumulative Increase % 45.3% 17.4%
The large percentage increase is due to the requirement to add a permit writer to staff.
Proposed adjustments of Sampling and Testing Fees and SIU Permit Fees are listed in Section 6.
2007 COS
REVISED Transmittal page 7
11/30/07
City Strong Waste Retail Customers (REVISED) - Section 10
BOD /Ib. TSS /Ib. FOG /Ib.
Current Rate: $0.332. $0.339 none
Proposed Rate:
Phase One (10.0 %) $0.3-65 $0.373 $0.276
Phase One (7.0 %) $0.355 $0.363 $0.276
Phase Two (10.0 %) $0.102 $0.410 $0.276
Phase Two (7.0 %) $0.380 $0.388 $0.276
Phase Three (10.0 %) $0.442 451 Sn 27a
Phase Three (7.0 %) $0.407 $0.415 $0.276
° 33.1% 33.1% l
Cumulative Increase % 22.5% 22.5% n/a
Large increase in rate for BOD and TSS due to considerably less loading than anticipated in previous COS. FOG
charge is initiated with this Study. Even with these adjustments, there remains a subsidy by City retail ratepayers of
approximately 10% 15 -18 %. Note that businesses have control over reducing these charges by good management
practices to reduce loadings.
Working on the hypothesis that the above outlined adjustments are substantially approved by
City Council, the following adjustments to City retail customers are recommended.
® City Retail Customers - Section 11
Ready to Serve Volume /UOC Increase @10 UOC $ Increase
Current Rate: $13.34 $2.34 $36.74
Proposed Rate:
Phase One (3.5 %) $13.81 $2.42 $38.01 $1.27
Phase Two (3.5 %) $14.29 $2.51 $39.39 $1.38
Phase Three (3.5 %) $14.79 $2,59 $40.69 $1.30
Cumulative Increase % 10.9% 10.7% 10.75% $3.95
2007 COS
REVISED Transmittal page 8
11/30/07
REQUESTED ACTION:
Staff respectfully requests City Council review and analyze this study, which will
be submitted as a policy issue with the 2008 budget for action during the
budget process. A Public Hearing on this issue will be held on November 20,
with Council Action scheduled for early December. In the interim, staff will
schedule meetings with council committees and with various community groups
to discuss the Study's recommendations.
2007 COS
REVISED Transmittal page 9
11/30/07
2007 Wastewater Connection
Charge Study
RESOLUTION NO. R -2007-
A RESOLUTION Adopting the 2007 Wastewater Connection Charge Study as revised, for
the City of Yakima, Washington
WHEREAS, a financing plan is one element necessary under RCW 36.70A.070(3) to
provide for the wastewater needs of the area for the health, safety and well being of the people,
as well as complying with State and Federal environmental laws and regulations; and
WHEREAS, the City of Yakima is required to identify the financial plan necessary to
implement the projected growth capital needs of its wastewater service area and this is
accomplished in the attached document titled "2007 Wastewater Connection Charge Study ",
hereafter known as the "Study"; and
WHEREAS, The City of Yakima is authorized to acquire, operate, manage and fix the
price for service from a system of sewerage under RCW 35.67.020, RCW 35.92.020 and Article
IX of the Charter of the City of Yakima; and
WHEREAS, members of the City Council, through deliberation, have considered changes
in and additions to such Study all of which are incorporated into such Study and Attachments as
are adopted by this Resolution; and
WHEREAS, the City Council finds and determines that adoption of the Study will promote
the goals of the Growth Management Act, RCW Chapter 36.70A, that the conclusions of the
Study are fair, just and reasonable, and that adoption of the Study will serve the public interest;
now therefore
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF YAKIMA:
1. The document entitled "2007 Wastewater Connection Charge Study ", a true copy
of which Study and Attachments are on file in the City Clerk's Office and are incorporated by
reference herein, is hereby adopted by the City of Yakima.
2. The policies recommended by such Study are hereby adopted by the City of
Yakima, including without limitation the following policy regarding the establishment of
"placeholder" accounts that allow new LID participants to preserve their "LID waiver" if they do
not connect within one year of a certain time.
ADOPTED BY THE CITY COUNCIL this day of December, 2007
Y ,
David Edler, Mayor
ATTEST:
City Clerk
ORDINANCE NO. 2007 -
AN ORDINANCE relating to wastewater rates, fees and charges; adjusting various
wastewater rates, fees and charges; amending Sections,
7.58.020, 7.58.030, 7.58.040, 7.58.050, 7.58.060 and 7.58.070 of
the City of Yakima Municipal Code; and providing for related
matters.
WHEREAS, the City Of Yakima (the "City ") is authorized by Title 35 RCW to
acquire, construct, own operate and provide financing for waterworks and systems of
sewerage, and to establish rates, fees and charges therefore; and
WHEREAS, RCW 35.67.020 and RCW 35.92.020(2) authorize the City Council
to consider certain factors in classifying customers served or service and facilities
furnished by such system of sewerage; and
WHEREAS, the City Council has considered said factors; and
WHEREAS, the City Council finds that the City has grown to such a size to justify
a second Zone within the City limits; and
WHEREAS, the City Council finds and determines that it is in the best interest of
the citizens of the City that ordinances related to such systems of sewerage, wastewater
rates, fees, charges and related matters be amended as set forth in this Ordinance; and
WHEREAS, the City Council finds and determines that the rates, fees and
charges contained in this Ordinance are fair, just and reasonable; Now, Therefore,
BE IT ORDAINED BY THE CITY OF YAKIMA
Section 1. Section 7.58.010 of the City of Yakima Municipal Code reads as follows:
7.58.010 Purpose of chapter.
The purpose of this chapter is to allocate an equitable share of the cost of the existing
wastewater system ( "historic cost "), and a reasonable estimate of the actual cost of
connection (including costs associated with expanding the wastewater system) ( "actual
cost "), to persons who connect facilities to the wastewater system.
Section 2. Section 7.58.020 of the City of Yakima Municipal Code is hereby
amended to read as follows:
"7.58.020 Definitions.
Unless the context specifically indicates otherwise, the meaning of terms in this chapter
shall be as follows:
1. "Collection pipes" mean those wastewater system pipes less than twelve inches in
diameter used to collect wastewater from adjacent properties' building sewers.
2. "Collection pipe system" means a series of collection pipes extending from a common
connection point to a trunk/interceptor.
2007 WCC
12/6/071216'07 Page 1 of 1646
3. ''Discharge authorization" shall have the same meaning as in Chapter 7.65.
4. "Discharger - industrial discharger or user" shall have the same meaning as in
Chapter 7.65.
5. "Domestic discharger or user" shall have the same meaning as in Chapter 7.65.
6. "Domestic wastewater" shall have the same meaning as in Chapter 7.65.
7. "LID waiver' means a waiver of the entire Wastewater Connection Charge for the first
residential connection (SDU or equivalent flow) per parcel for pre - existing residences in
an LID. Other new connectors (pre - existing multiple- residential or pre - existing
industrial /commercial) pay treatment, trunkage. and collection for authorized discharges
greater than an SDU. However, in the case of other new connectors. the entire actual
collection (lot size) element would be waived.
78. "Lot" shall have the same meaning as in Chapter 15.02.
69. "Lot area" shall have the same meaning as in Chapter 15.02.
910. "Low- or moderate - income facility owner" means a person who owns a single - family
residential facility and whose annual income is at or below eighty percent of the median
income of the Yakima metropolitan statistical area. Where more than one person has an
ownership interest in a residential facility, the term refers to those persons whose
combined annual income is at or below eighty percent of the median income of the
Yakima metropolitan statistical area. The median income of the Yakima metropolitan
statistical area shall be determined by reference to data published by the United States
Department of Housing and Urban Development.
1-011. "Parcel" shall have the same meaning as "lot."
X412. "Parcel area" shall have the same meaning as "lot area."
1213. "Sewer" shall have the same meaning as in Chapter 7.65.
1314. "SDU," "single dwelling unit," "SFD" or "single- family dwelling" shall all have the
same meaning as "dwelling, single - family" or "single- family dwelling" in Chapter 15.02.
1-415. "Trunks /interceptors" mean those wastewater system pipes twelve inches or
greater in diameter, and related conduits, used to receive wastewater from collection
pipes and transport it to the wastewater treatment plant.
1516. 'Wastewater" shall have the same meaning as in Chapter 7.65. For purposes of
this chapter, "wastewater" does not include "food processing wastewater" defined in
Chapter 7.12.
1-617. 'Wastewater system" shall have the same meaning as "POTW" or "publicly owned
treatment works" in Chapter 7.65 and includes all sewers, pipes, and wastewater
treatment plants. For purposes of this chapter, "wastewater system" does not include
"food processing wastewater system" defined in Chapter 7.12.
1718. 'Wastewater treatment plant" shall have the same meaning as in Chapter 7.65.
For purposes of this chapter, "wastewater treatment plant" does not include "food
processing wastewater treatment plant" defined in Chapter 7.12.
1-g19. "Water meter size" shall be determined by reference to the criteria in the Uniform
Plumbing Code or Uniform Building Code as the city may adopt from time to time,
provided that any facility not served by the city water division shall determine "water
meter size" by the criteria established in AWWA Manual M 22 Sizing Water Service
Lines and Meters.
1-920. "Zone 1A" means the area within the city limits of the city of Yakima lying east of
40 Avenue at the time the connection charge established by this chapter is paid.
21. "Zone 18" means the area within the city limits of the city of Yakima lying west of 40
Avenue at the time the connection charge established by this chapter is paid.
2-322. "Zone 2" means the area within the urban area established by the 1976
Agreement for Wastewater Treatment and Disposal Service, as amended, excluding
Zone 1.
2007 WCC
12/61071216/0 Page 2 of 166
2123. "Zone 3" means the area outside Zone 1 and Zone 2 but within the Yakima urban
growth area boundary, established by the 1997 Yakima urban area comprehensive plan,
as that boundary may be revised from time to time."
Section 3. Section 7.58.030 of the City of Yakima Municipal Code is hereby
amended to read as follows:
"7.58.030 Connection to the wastewater system -- Connection charge
imposed.
A. A connection charge is imposed on the owner of any facility to be connected to the
wastewater system when the owner of the facility to be so connected has not paid a
wastewater connection charge for connecting such facility to the wastewater system,
subject to the provisions below. Payment of the connection charge does not convey any
ownership interest in the wastewater system. Payment of the connection charge
authorizes connection only to the designated lot and is not transferable to any other lot
except as provided in Section 7.58.090.D.
B. The Wastewater Connection Charge for any facility located on a lot that has
participated in a local improvement district (L.I.D.) for wastewater facilities and has fully
executed an Outside Utility Agreement, if applicable, shall not exceed that in effect at the
time the preliminary assessment roll was passed, provided the Wastewater Connection
Charge is fully paid within one year of time the final assessment roll was passed;
provided however,
C. Within Zone 1A or 1B (inside City) the entire Wastewater Connection Charge shall be
waived (see LID waiver) for any single residential unit(s) located on a parcel that has
participated in a local improvement district (LID) for wastewater facilities for which the
Final Assessment Roll was passed after May 3, 2005 or the LID was initiated after May
3, 2005 and prior to the effective day of this ordinance. The owners of such parcels
remain obligated for all LID charges.
D. In order to preserve their right to an LID waiver, all parcels that participate in a local
improvement district (LID) for wastewater facilities initiated after the effective date of this
ordinance must, within one year from the recording of the final assessment roll of such
LID, either (1) connect a facility on the parcel to the wastewater system for purposes of
regular wastewater service; or (2) have a " placeholder" wastewater account established
for the parcel. Customers with a "placeholder" account shall be billed at a flat rate of ten
dollars ($10.00) per month ($20 bi- monthly). In the event that an owner fails to make
timely payments on a placehoider account, the parcel shall become permanently
ineligible for a LID waiver for that parcel.
E. Any participants of an LID that is initiated after the effective date of this ordinance that
fail to commence either an active or "placeholder" wastewater account within the time
requirement set forth shall, when paying their connection charge, enjoy only a waiver of
the parcel size and one SDU equivalent flow toward their actual collection element.
F. Parcels that participate in an LID for wastewater facilities either (1) outside of the City
Limits (Zones 2 and 3); or (2) within the City limit (Zones 1A and 1 B) for which the Final
Assessment Roil was passed prior May 3, 2005, shall enjoy only a waiver of the parcel
size and one SDU equivalent flow toward their actual collection element.
2007 WCC
12/6/0712.'6107 Page 3 of 164-
G. The '`Actual Cost" Collection element of the Wastewater Connection Charge for any •
facility located on a lot within the boundaries of a local improvement district for
wastewater facilities that does not participate in said local improvement district shall be
the greater of the WCC established by the applicable provision of the Municipal Code or
the final assessment of the LID plus interest."
Section 4. Section 7.58.040 of the City of Yakima Municipal Code is hereby
amended to read as follows:
"7.5$.040 Calculatinn of the wa c ch
A. The wastewater connection charge within Zones 1A, 1 B, 2, and 3 shall be calculated
based on information and rates existing at the time when payment will be made pursuant
to Section 7.58.080 or when a local improvement district final assessment is authorized
by the city council. The connection charge within Zones 1A, 1 B, 2, and 3 shall be equal
to the sum of the following elements:
1. Base treatment plant charge (calculated pursuant to Section 7.58.050);
2. Base trunks /interceptors charge (caicuiated pursuant to Section 7.58.060);
3. Base collection pipes charge (calculated pursuant to Section 7.58.070);
4. City services charge in the amount of six (6 %) percent assessed on the sum of the
first three elements;
5. Administration charge in the amount of fifty ($50.00) dollars per lot, in addition to any
required inspection, permit, or plan review fees; and
6. Wastewater tax, and any other applicable tax, assessed on the sum of the first three
elements (pursuant to Chapter 7.64).
B. Charges to be Published. The city Code Administration and Planning Manager shall
maintain a schedule of current charges within Zones 1A, 1 B, 2, and 3, shall post such
schedule conspicuously, and shall make copies available to interested persons.
C. Initial Base Charges. Commencing on the effective date of the ordinance codified in
this chapter and until amended pursuant to subsection D of this section, wastewater
connection charges shall be based upon charges set by this chapter.
D. Amendment of Base Charges. The base charges set forth in this chapter may be
amended by ordinance of the city council. Such amendments shall become effective no
earlier than thirty days after publication.
E. Connection charge for properties not within Zones 1A, 1 B, 2, and-or 3. Any person
wishing to connect facilities located on property outside Zones 1A. 1 B, 2, a-n4 -or 3 shall
contact the wastewater manager. Such properties may be connected only upon the
written approval of the city manager, and only upon payment of a connection fee
established in an amount sufficient to allocate to the applicant an equitable share of the
cost of the existing wastewater system and a reasonable estimate of the actual cost of
connection (including costs associated with expanding the system)."
Section 5. Section 7.58.050 of the City of Yakima Municipal Code is hereby
amended to read as follows:
"7.58.050 Base treatment plant charge.
A. The base tr eatlilel It plant charge includes both 11 al I equitable share of the Lost of 111e
existing wastewater treatment plant ( "historic cost ") and a reasonable estimate of the
actual cost of connection to the wastewater treatment plant (including costs associated
with expanding the plant) ( "actual cost ").
2007 WCC
12/6/07121T07 Page 4 of 16-1 -6
B. For accounts discharging "domestic wastewater ", the amount of this charge is a
function of the amount of water flowing to the facility to be connected and the zone in
which the facility is located. The treatment plant charge for single dwelling units (SDUs)
is uniform within each zone. The treatment plant charge for non - residential accounts
shall be determined by applying the unit cost listed below to the customer's authorized
discharge flow. No charge shall be imposed for any water meter installed for the sole
purpose of irrigation or fire flows. The base treatment plant charge for a particular facility
shall be determined by reference to the following chart:
DOMESTIC WASTEWATER
C-a-tesery Zone 1 Zone 2 Zone 3
$66246 886248 $911.37
residential 2 4 units 529.73 por unit 529.73 per unit 729.10 per unit
o� +
- -.} 423.78 per unit 423.78 per unit 583.28 per unit
_ o . - ' - -
Non residential
( aI on-} 2-.498 2.198 3.137
.._
C egoy Zone 1 Zone 2 Zone 3
$88-2,8-2 86$2-4 84
,- - 545.62 per urit 54~.62 per unit 780 97 per 'unit
residential 5+ units 488,80--per unit 436.50 per unit 600.78 per unit
Aden+- residential
{per gallon) 2.573 2.573
SDU Zone 1A Zone 1B Zone 2 Zone 3
From Jan 14. Historic $193.02 $193.02 $193.02 $487.89
2008 to Dec 31, Actual $533.18 $533.18 $533.18 $533.18
2008 Total $726.20 $726.20 $726.20 $1,021.07
From Jan 1. Historic $258.11 $258.11 $258.11 $598.64
2009 to Dec 31, Actual $532.12 $532.12 $532.12 $532.12
2009 Total $790.23 $790.23 $790.23 $1.130.76
Effective Jan 1, Historic $265.85 $265.85 $265.85 $616.60
2010 Actual $548.08 $548.08 $548.08 $548.08
Total $813.94 $813.94 $813.94 $1.164.68
2007 WCC
1216/0712!6/07 Page 5 of 16-1g
C. The charge for multi -unit housing on a single parcel shall be converted to "single
dwelling units" or SDUs by the following scale:
2-4 units per parcel = 0.8 SDU per unit
5 or more units per parcel =0.64 SDUs per unit.
Multi -unit includes trailer park spaces on single parcels.
Effcctiv Jan. 1, 2007
'
7e '
t'�4�a9ia � nc i yule r1
crag sort' i a v z
S -.57 -0-48 48 $9
- - 4 _. 561.99 p er unit 561.99 per unit 773.50 per unit
residential 5+ units 149.60 per unit 449.60 per unit 6 -1-8 -8-0-iper--u-n-it
2.650 2,550 3`..646
Non - residential Zone 1A Zone 1B Zone 2 Zone 3
From Jan 14, Historic $0.728 $0.728 $0.728 $1.840
2008 to Dec 31. Actual $2.012 $2.012 $2.012 $2.012
2008 Total $2.740 $2.740 $2.740 $3.852
From Jan 1, Historic $0.974 $0.974 $0.974 $2.259
2009 to Dec 31, Actual $2.008 $2.008 $2.008 $2.008
2009 Total $2.982 $2.982 $2.982 $4.267
Effective Jan 1. Historic $1.003 $1.003 $1.003 $2.327
2010 Actual $2.068 $2.068 $2.068 $2.068
Total $3.071 $3.071 $3.071 $4.395
OD. For Non - residential Domestic Wastewater customers, the Base Treatment Plant
charges shall be established by the wastewater manager using the unit price listed
above and the amount of water (hydraulic flow), discharged by the facility as allowed by
its Discharge Authorization. Refer to YMC 7.65.
DE. For Non- domestic Discharger accounts, the amount of this charge is a function of
the amount of water (hydraulic flow), Biochemical Oxygen Demand (BOD), and Total
Suspended Solids (TSS) discharged by the facility as allowed by its Discharge
Ai fhnri7atinn P fPr to YA/ r 7 Ac
Fr9m Eff --' 9 -. -tt a- -
Constituent Zone 1 Zone 2 Zone 3
2007 WCC
12/6/071215/07 Page 6 of 163
Hydraulic (gal/ 3v day
max m n) $0-456 $0-456 $0.-62
BOO (lblav day max
} /121.30 /121.30 68 0
TSS (lblav day max
rte} 344-06 344.08 509.21
Non- Domestic Zone 1A Zone 1B Zone 2 Zone 3
Hydraulic
From Jan 14, Historic $0.142 $0.142 $0.142 $0.356
2008 to Dec 31. Actual $0.385 $0.385 $0.385 $0.385
2008 Total $0.527 $0.527 $0.527 $0.741
From Jan 1, Historic $0.195 $0.195 $0.195 $0.452
2009 to Dec 31. Actual $0.402 $0.402 $0.402 $0.402
2009 Total $0.597 $0.597 $0.597 $0.854
Effective Jan 1, Historic $0.201 $0.201 $0.201 $0.466
2010 Actual $0.414 $0.414 $0.414 $0.414
Total $0.615 $0.615 $0.615 $0.880
Non - domestic Zone 1A Zone 1B Zone 2 Zone 3
BOD
From Jan 14. Historic $132.540 $132.540 $132.540 $337.800
2008 to Dec 31. Actual $302.235 $302.235 $302.235 $302.235
2008 Total $434.775 $434.775 $434.775 $640.035
From Jan 1, Historic $168.580 $168.580 $168.580 $391.100
2009 to Dec 31. Actual $279.670 $279.670 $279.670 $279.670
2009 Total $448.250 $448.250 $448.250 $670.770
Effective Jan 1 Historic $173.637 $173.637 $173.637 $402.833
2010 Actual $288.060 $288.060 $288.060 $288.060
Total $461.698 $461.698 $461.698 $690.893
Non- domestic Zone 1A Zone 1B Zone 2 Zone 3
TSS
From Jan 14, Historic $137.305 $137.305 $137.305 $345.170
2008 to Dec 31. Actual $272.740 $272.740 $272.740 $272.740
2008 Total $410.045 $410.045 $410.045 $617.910
2007 WCC
12/6/071216/07 Page 7 of 1646
From Jan 1, Historic $189.830 $189.830 $189.830 $440.400
2009 to Dec 31. Actual $286.180 $286.180 $286.180 $286.180
2009 Total $476.110 $476.110 $476.110 $726.580
Effective Jan 1, Historic $195.525 $195.525 $195.525 $453.612
2010 Actual $294.765 $294.765 $294.765 $294.765
Total $490.290 $490.290 $490.290 $748.377"
Effective January 1 to December 31, 2006
Conctitucnt Zonc 1 Zonc 2 Zonc 3
Hydraulic (gall av day
max mn) $0.'170 $9 -47-0 $0.647
BUD (ib /av day max
433.91 494 627-68
TS tav day max
m**) 351./10 35.1.40 524.52
Co stitucnt Zone 1 2 Zone 3
Hydraulic (gall aV day
ia - $8-4 50.180 $8-66e
prom !i ! i 2: mYV
116.96 446-96
TSS (Ib, av day max
FP-R4 365.03 3 546-26
Section 6. Section 7.58.060 of the City of Yakima Municipal Code is hereby
amended to read as follows:
"7.58.060 Base trunk/interceptors charge.
A. The base trunks /interceptors charge includes both an equitable share of the cost of
the existing trunks /interceptors ( "historic cost ") and a reasonable estimate of the actual
cost of connection to the trunks /interceptors (including costs associated with expanding
the trunks /interceptors system) ( "actual cost "). This charge is the sum of two separate
calculations. The first calculation is a function of the size of the lot to be connected. The
"parcel size" portion of the base trunks /interceptors charge shall be determined by
he ce_ rate given the lot area (measured in square feet (sf)) by the given in Table T.,hlo e A_
(Trunk/parcel size) for the zone in which the lot is located. The second calculation is a
function of the flow from each connection. The "flow" portion of the base
trunks /interceptors charge shall be determined by multiplying the customer's authorized
flow (measured in gallons per day (gpd)) by the rate given in Table B- (Trunk/flow) for the
zone in which the lot is located.
2007 wcc
1216107121E107 Page 8 of 64
B. The wastewater manager may waive all or a portion of the actual cost element of the
base trunks /interceptors charge if the lot owner or developer extends a trunk/interceptor
from the existing trunk/interceptor through or along the entire length of the lot as required
by the sewer comprehensive planning analysis for the area.
Table A- (Trunk parcel size)
Times square feet
Zone 1 Zone 2 Zone 3
c'.- ,Historic $0-006 - $-Q41- $0-020
Date Through Actual 0.022 0.091 03
Doc. 31, 2005: Total 0-028 0.101 0.153
From Jan. 1 to Historic 0.006 0 -0-1 -0 0.021
Dec. 31, .006: Actual 0-023 04-94 0.137
T otta1 0429 0.101 0.15B
Effective Jan. 1, Historic 0 -006 0.011 0.021
2007 :Actual 0-023 0.097 0.111
Tetal 0-080 0.107 0.152
Zone 1 A Zone 18 Zone 2 Zone 3
From Jan 14. Historic $.007 $.010 $.011 $.029
2008 to Dec 31. Actual $.013 $.021 $.090 $.126
2008 Total $.020 $.031 $.101 $.155
From Jan 1, Historic $.007 $.014 $.010 $.037
2009 to Dec 31, Actual $.002 $.018 $.083 $.110
2009 Total $.009 $.032 $.093 $.147
Effective Jan 1 Historic $.007 $.014 $.010 $.038
2010 Actual $.002 $.019 $.085 $.113
Total $.009 $.033 $.095 $.151
:_
Times gallons per day
Zone 1 Zonc 2 Zone 3
From Effocti\do Historic $0--1 35 $0.355
Data throug Actual 0.853 4.306 6.95
Dec. 31, 2005: Total 1.025 '1.513 7-309
2007 WCC
12/6/0715/07 Page 9 of 16-1-6
Frcr Jan. 1 to .H-i-sta4c 0.177 0.242 0-3-66
Dec,‘. 31, 2006: Acttua; 9-89 4.137 7.153
Tota4 1.056 4.679 7.525
Effectivo- an. 1. Historic 0.182 0.219 0.377
2007: Actun4 0 4 . 570 7.77
Total 1.087 4.8 -243 7.751
Table B- (Trunk/flow)
Times gallons per day
Zone l A Zone 18 Zone 2 Zone 3
From Jan 14, Historic $.19 $.279 $.383 $1.16
2008 to Dec 31 Actual $.578 $.989 $4.835 $7.068
2008 Total $.768 $1.268 $5.218 $8.228
From Jan 1, Historic $.197 $.375 $.517 $1.943
2009 to Dec 31 Actual $.251 $1.073 $5.099 $6.759
2009 Total $.448 $1.448 $5.616 $8.702
Effective Jan 1, Historic $.203 $.386 $.533 $2.001
2010: Actual $.259 $1.105 $5.252 $6.962
Total $.462 $1.491 $5.785 $8.963
Section 7. Section 7.58.070 of the City of Yakima Municipal Code is hereby
amended to read as follows:
"7.58.070 Base collection pipes charge.
A. The base collection pipes charge includes both an equitable share of the cost of the
existing collection pipes ( "historic cost ") and a reasonable estimate of the actual cost of
connection to the collection pipes (including costs associated with expanding the
collection pipes system) ( "actual cost "). This charge is the sum of two separate
calculations. The first calculation is a function of the size of the lot to be connected. The
"parcel size" portion of the collection pipe charge shall be determined by multiplying the
lot area (measured in square feet (sf)) by the rate given in Table C- (Collection /parcel
size) for the zone in which the lot is located. The second calculation is a function of the
flow from each connection. The "flow" portion of the base collection pipe charge shall be
determined by multiplying the customers authorized flow (measured in gallons per day
(gpd)) by the rate given in Table D- (Collection /flow) for the zone in which the lot is
located.
B. The wastewater manager may waive all or a portion of the actual cost element of the
base collection pipes charge if: (a) the lot is served by a collection pipe system installed
and paid for by the developer of the lot; (b) the lot owner extends a collection pipe from
the existing collection pipe system through or along the entire length of the lot as
2007 WCC
12/6/0712,t5.107 Page 10 of 161-6
•
required by the sewer comprehensive planning analysis for the area; (c) the lot is
connected to a collection pipe system originally financed by local improvement district
assessments to which contribution was made for the lot; or (d) within Zone 1A, or1 B, the
lot is served by an existing collection pipe system installed by the City or other
governmental agency and is within City of Yakima census tract: 01, 02, 03, 05, 06, 07,
12, 13, 14, 15, 16 or 17.
C. Within Zone 1A, or 1 B, the wastewater manager may waive fifty percent (50 %) of the
actual cost element of the base collection pipes charge if the lot is served by a collection
pipe system installed and paid for by a developer other than the developer of the lot.
manager may waive ::,evcnty five p rccnt (75 %) oft - _ -- - -. _ - __ -
Table C- (Collcctionlparccl Cize)
Times square feet
Zone 1 Zone 2 Zone 3
From Effective Historic $0.032 $0 -0=1 -6 $0 -002
Data through Actual 0.310 0.310 0,3-1 -0
Dec. -T , 2005: Total 0.312 8-326 0.312
From Jan. 1 to Historic 0.033 0.01 -6 0.002
Dec. 31, 2006: Actual 0.3199 -39 0.319
Total 0.352 036 0.321
Effective Jan. 1, Historic 0-034 0.017 0.002
2007: Actual 0.320 09 0.329
Total 0.362. 0-346 0.331
Table C- (Collectionlparcel size)
Times square feet
Zone 1 A Zone 1 B Zone 2 Zone 3
From Jan 14. Historic $.030 $.038 $.018 $.003
2008 to Dec 31, Actual $.351 $.351 $.351 $.351
2008 Total $.381 $.389 $.369 $.354
From Jan 1, Historic $.026 $.041 $.019 $.004
2009 to Dec 31, Actual $.372 $.372 $.372 $.372
2009 Total $.398 $.413 $.391 $.376
2007 WCC
12/6/0712.`5/07 Page 11 of 16
Effective Jan 1, Historic $.027 $.042 $.020 $.004
2010: Actual $.383 5.383 $.383 $.383
Total $.410 $.425 $.403 $.387
Zone 1 Zone 2 Zonc 3
From Effective Historic $1.045 $8-355 50.037
Date through Actual 10.355 10.355 10.355
Doc. 31, 2005: Total 11.120 10.710 10.392
From Jan. 1 to Historic 1.097 0,364 0,038
Dec. 31 2006: Actual 1-0,g6-6 1- 0-.665. 10
Total 11.763 11.031 10.701
Effective Jan. 1, Historic 1.130 0.377 0,0-3,9
2007: AGtua-I 40,986 10.986 14.986
Total 12.115 11.362 11.025
Table D- {Collection /flow!
Tim es galion per da y
Zone lA Zone I Zone 2 Zone 3
From Jan 14. Historic $.976 $1.087 $.493 $.081
2008 to Dec 31, Actual $11.813 $11.813 $11.813 $11.813
2008 Total $12.789 $12.90 $12.306 511.894
From Jan 1. Historic $.821 $1.044 $.609 $.122
2009 to Dec 31, Actual $12.640 $12.640 $12.640 $12.640
2009 Total $13.461 $13.684 $13.249 $12.762
From Jan 1, Historic $.846 $1.075 $.627 $.126
2010 Actual $13.019 $13.019 $13.019 $13.019
Total $13.865 $14.094 $13.646 $13.145
2007 WCC
1216/0712.'6. Page 12 of 1621-6 I
Section 8. Section 7.58.075 of the City of Yakima Municipal Code reads as follows:
7.58.075 Maximum lot size. •
A. For single - dwelling units, a maximum parcel size of twelve thousand square feet
(12,000 sf) shall be utilized in calculating charges under Sections 7.58.060 and
7.58.070.
B. For facilities other than single - dwelling units (i.e. multi -unit residential, industrial or
commercial facilities), the maximum parcel size utilized in calculating charges under
Sections 7.58.060 and 7.58.070. shall be of the greater of fifty thousand square feet
(50,000 sf) or one hundred -ten percent (110 %) of the footprint of the connected
buildings."
Section 9. Section 7.58.080 of the City of Yakima Municipal Code reads as follows:
7.58.080 Time of payments -- Lien -- Suspension of service.
A. For Domestic Dischargers, wastewater connection charges shall be paid in full at or
before the time a side sewer permit is obtained.
B. For Non - Domestic Dischargers, wastewater connection charges, based upon their
initial Discharge Authorization, shall be paid in full at or before the time a side sewer
permit is obtained. Any fees due from recalculation of charges (7.58.090) shall be paid
within thirty (30) days of receiving notice. Unpaid charges shall constitute a lien against
the connected property. Such lien shall be prior to all liens and encumbrances filed
subsequent to its filing with the county auditor, except the lien of general taxes and local
improvement assessments whether levied prior or subsequent thereto.
Section 10. Section 7.58.085 of the City of Yakima Municipal Code reads as follows:
7.58.085 Alternative, periodic payment method.
A. At any time prior to connection of a facility to the wastewater system, the owner of
that facility may apply to the code administration and planning division for periodic
payment of the applicable connection charge, provided that: (1) the facility owner is a
low- or moderate - income facility owner; (2) the facility is the facility owner's primary and
legal residence; (3) a certificate of occupancy has been issued for the facility and that
certificate remains valid; (4) the facility is connected to a private septic system or some
system of sewerage other than the wastewater system; and (5) the connection charge
applicable to the facility is equal to or greater than one thousand ($1,000) dollars. This
periodic payment method shall be an alternative to payment of the full connection charge
prior to connection pursuant to YMC 7.58.080(A).
B. To apply for the periodic payment method provided by this section, the facility owner
must execute a request form to be provided by the code administration and planning
division. The request form shall be in the form of a contract between the facility owner
and the city, and the general form of the request form shall be approved by the city
attorney and city manager.
C. At the time of delivery to the facility owner, the request form shall state the amount of
the applicable connection charge and the number and amount of quarterly payments.
The code administration and planning division shall determine the amount of the
connection charge by reference to Sections 7.58.040 through 7.58.090. The code
administration and planning division shall also calculate a substantially equal, quarterly
payment amount sufficient to pay the entire principal amount of the connection charge,
together with interest thereon at an annual interest rate equal to the prime rate as quoted
2007 WCC
12/6/0712/6/07 Page 13 of 1
in the Wail Street Journal on the last business day of the month preceding preparation
and delivery of the request form to the facility owner, within three years of the date of
connection if the applicable connection charge is less than or equal to five thousand
($5,000) dollars, or within five (5) years of the date of connection if the applicable
connection charge is more than five thousand ($5,000) dollars. The first quarterly
payment shall be due three (3) months after the date of connection.
D. The facility owner shall provide the remaining information required by the request
form and execute the request form.
E. The city shall not accept or execute the original or any updated request form unless:
(1) the facility owner qualifies as a low- or moderate- income facility owner; (2) the form is
first executed by the facility owner; (3) the applicable connection charge has not
changed from that stated on the request form; (4) the prime rate as quoted in the Wall
Street Journal on the last business day of the month preceding presentation of the
executed Request Form by the facility owner has not changed; and (5) the facility owner
has paid a one hundred ($100) dollar administrative fee for processing the request form
and administering the installment payment program.
F. If either the applicable connection charge or the prime rate as quoted in the Wail
Street Journal on the last business day of the month preceding presentation of the
executed request form by the facility owner has changed, the city Code Administration
and Planning Manager shall revise the terms and quarterly payment amount to reflect
such changes, and shall return an updated request form to the facility owner, who may
execute the updated request form and return it to the city Code Administration and
Planning Manager for acceptance and execution by the city.
G. Once the city has executed the request form, the connection charge, interest rate,
and periodic payments applicable to the subject property shall not be changed from that
amount stated in the request form for a period of ninety (90) days from the date of final
execution by the city. In the event that the facility owner fails to complete the connection
within ninety (90) days from the date of final execution by the city, the facility owner must
request, complete, and submit a new request form, which shall be subject to the
requirements of this section.
H. Nothing in this section shall be construed to limit the city's authority to collect any
delinquent connection charge payment or payments, including the city's authority to
impose a lien or shut off water service as provided in Chapter 35.67 RCW. For purposes
of a lien imposed pursuant to Chapter 35.67 RCW, any delinquency of four quarterly
payments shall constitute a delinquency of one year's charges subject to a sewerage
lien and that lien shall be effective without the necessity of any writing or recording of the
lien.
Section 11. Section 7.58.090 of the City of Yakima Municipal Code reads as follows:
7.58.090 Recalculation of charges.
A. Improvement, Change in Use. In the event any Domestic facility, lot, tract or parcel is
improved, or the use thereof or discharge therefrom is changed or intensified, then the
amount of the connection charge is subject to recalculation and increase according to
rn 0i0 through 5 o 07c Cred ha ll b d for previously
Sections 7.58.040 �nruugn 7.58.075. Credit shall be allowed the previously
y
established flow, provided that, in no case shall the credit exceed the cost of the charge.
Any such increase shall be paid in the time and manner specified by Section 7.58.080.
A parcel for which the Capital Cost Recovery Charge (CCRC) has been paid or that has
participated in an LID but has not yet connected to the wastewater system shall be
credited with the current value of a Single Dwelling Unit (SDU) connection.
2007 WCC
12/6/074216/07 Page 14 of 16;-6
B. Additional Subdivision of Lots. At such time that any existing lot connected to the
wastewater system is subdivided, a wastewater connection charge shall be assessed
against each new lot formed. No additional charge shall be imposed upon the lot where
the facilities that were originally connected are located, unless an increase in flow or
intensity of use is involved. Any additional charges due as a result of subdivision shall be
determined as set forth in subsection A of this section and shall be paid in the time and
manner specified in Section 7.58.080.
C. Altered Discharge. In the event discharge from any Non - domestic facility, lot, tract or
parcel is altered, or the use thereof is changed or intensified then the amount of the
applicable wastewater connection charge is subject to recalculation according to
Sections 7.58.040 through 7.58.075. Credit shall be allowed for the facility's existing
Authorized or Permitted Discharge, provided that in no case shall the credit exceed the
cost of the recalculated charge. Any such increase shall be paid in the time and manner
specified by Section 7.58.080.B. As an additional and concurrent method of collection of
any such delinquent wastewater connection charges, the customer service manager
may suspend the water service or supply to the premises under the same authority
provided in Section 7.60.100.
D. Relocation of Public Facility. In the event that an existing, governmentally- owned,
public facility, as defined by RCW 36.70A.030, is moved from one lot to another adjacent
or nearby lot, the wastewater manager may in his discretion provide a credit against the
wastewater connection charge due at the new lot as follows.
1. A determination of the flow and intensity of wastewater historically used prior
to January 2005, or for which a connection charge has already been paid at the
current location of the facility.
2. A determination the flow and intensity of wastewater that is expected to
remain being discharged at current location of the facility after the facility has
been moved to the new lot.
3. A determination the flow and intensity of wastewater that is expected to be
discharged at the new location of the facility.
4. The difference between #1 and #2 determines what flow /loading may be
available for transfer to the new lot.
5. The Connection charge shall be determined by utilizing the difference
between the flow /loading for the new lot as found by #3 and that transferred from
the current lot as found by #4.
The division manager may require, as a condition precedent to the issuance of
any credit, that the Discharger and the owners of the current lot and the new lot
execute, acknowledge and record, a Notice of Wastewater Connection Fees
specifying the terms and conditions upon which additional charges may be due."
Section 12. Section 7.58.095 of the City of Yakima Municipal Code reads as follows:
7.58.095 Reimbursable Agreements.
Wastewater reimbursable agreements may be available to an owner of newly connecting
wastewater facilities when such owner, as determined by the City Engineer, builds
2007 WCC
12/6/0712/5107 Page 15 of 164-5
collection and /or trunks /interceptors infrastructure that both conforms to the Wastewater
•
Comprehensive Plan and also provides collection and /or trunks /interceptor facilities that
are in excess of the facilities required to serve the owner's facilities. Reimbursable
agreements shall provide for payment to the owner of a fair pro rata share of the cost of
facilities that are in excess of the facilities needed to serve the owner's facilities. Any
such payment will be derived from connection fees paid by any owner of real estate who
did not contribute to the initial owner's original cost of such wastewater facilities but who
subsequently taps into or uses such facilities. The terms and conditions of any proposed
reimbursable agreement must be established prior to the construction of a project and
Council. _:� Tom_ The duration ,.a:tio,. .. of a ., reimbursable
are subject to review and approval by the City Coup cil. ran f r ei i ibui sable
agreement shall not exceed fifteen (15) years.
Section 13. Section 7.58.100 of the City of Yakima Municipal Code reads as follows:
7.58.100 Money to be credited to wastewater operating fund.
All moneys collected pursuant to this chapter shall be paid into and credited to the
wastewater operating f as p ro v ided in Chapter 1.1 (11
wastewater vj�ci a � fund �u a� provided v �......+ ... ....
Section 14. This ordinance shall be in full force and effect 30 days after its passage,
approval, and publication as provided by law and by the City Charter. A certified copy of
this ordinance shall be recorded by the clerk of the City Council in the office of the
Yakima County Auditor.
PASSED BY THE CITY COUNCIL at a regular meeting and signed and
approved this 11th day of December, 2007.
David Edler, Mayor
ATTEST:
Deborah Moore
City Clerk
Publication Date:
Effective Date:
2007 WCC
12/6/071216107 Page 16 of 164-6
BUSINESS OF THE CITY COUNCIL
YAKIMA, WASHINGTON
TRANSMITTAL MEMO
FOR October 30, 2007
COUNCIL STUDY SESSION
ITEM TITLE: Proposed Revisions to the Wastewater Connection Charge (WCC) Study
and Subsequent Revisions to Wastewater Connection Rates and
Charges.
SUBMITTED BY: Dick Zais, City Manager
Dave Zabell, ACM
Doug Mayo, Wastewater Division Manager
CONTACT PERSON/TELEPHONE: Doug Mayo /575 -6077
SUMMARY EXPLANATION:
Jnder current City policy, costs for capital improvements that are driven by regulations and
renewal /safety are included in the monthly service charges. Costs caused by growth are
allocated to the new customers through the Wastewater Connection Charge (WCC).
The WCC serves two important functions within the Wastewater revenue stream.
1) The equitable share of existing facilities ( "Historic Cost ") element of this charge is the
method through which the City is partially reimbursed for prior investments made to
construct existing wastewater facilities to be used by new customers.
2) The actual (including future) connection costs element of this charge will be the method
through which the City generates the revenue necessary to construct new wastewater
facilities required to accommodate the additional waste stream from new customers.
A report entitled 1997 Wastewater Connection Charge Study dated May 20, 1997, was
adopted by resolution R- 97 -83. Ordinance 97 -38 was enacted setting related WCC rates and
policies. Resolution 2004 -181 adopted a major update, done in 2004. Ordinance 2004 -69
was enacted setting related WCC rates and policies. In May of 2005, Council reconsidered a
select few issues and passed Ordinance 2005 -22 that supplemented and clarified the
connection rates and charges.
Ordinance 2004 -69 set rates for a three -year period. Rates were set with a 3% annual
scalator, the last adjustment being January 2007. Review of the 2004 Study and current
WCC 2007 Update
rate structure has identified the following reasons why an updated Study is necessary and
justified:
1) Since the 2004 Study, construction costs have escalated beyond what was
anticipated;
2) This report proposes the creation of a second Zone within the City. 1A being
that area of the City lying east of 40 Avenue and Zone 1B being west of 40 Avenue.
Recent annexations shifted the burden of considerable infrastructure (interceptors),
from Outside City (Zone 2) to Inside City (Zone 1) future customers. This proposal will
lift the burden for this infrastructure from those east of 40 which lowers their rates.
However, it concentrates this burden on the area west of 40 effectively increasing
their rates.
In summary, items reviewed which affected revisions in the attached report and rate
ordinance included:
1) reviewed projection of anticipated facility loading based upon 2004 Wastewater Facility
Plan;
2) updated projection of future connected area based upon adopted City Comprehensive
Plan;
3) updated City's Equity portion of historic Cost
4) reviewed capacity of existing treatment facility per 2004 Wastewater Facility Plan;
5) updated future "Treatment" expense due to NPDES mandates and 2004 Wastewater
Facility Plan requirements;
6) re- allocation between zones of future and existing trunks due to most recent annexations;
7) update of connected acreage per current information;
8) updated appropriate cost for units of hydraulic, biochemical oxygen demand and total
suspended solids.
9) reviewed waivers to include only "Future" element of applicable charge.
This proposal continues Council policy to allow a waiver of the "Future" element of
applicable charges under certain circumstance; usually the construction of infrastructure.
This proposal continues Council policy that proposed rates will look both at the actual
amount of flow from each account and at the strength of this discharge. Thereby, connection
charges will more fairly reflect the actual impact on the treatment system.
This proposal continues Council policy that Wastewater Reimbursable Agreements be limited
to projects that, as determined by the Wastewater Manager, build infrastructure that conforms
to the Wastewater Comprehensive Plan. The terms and conditions for all Reimbursab'
Agreements must be established prior to the construction of a project.
WCC 2007 Update
ATTACHMENT 1 compares the existing WCC and the proposed WCC for two sized parcels
(8,000sf and 12,000sf) in each Zone. The proposed increase on any individual customer
would depend on several variables including the size of their parcel and any waivers. This
sheet illustrates the impact of concentrating the burden of the new City infrastructure on
Zone 1B.
The estimated rate adjustment a Single Dwelling Unit (SDU) within each Zone is as follows:
Zone 1A - 22%
Zone 1B 11%
Zone 2 5%
Zone 3 5%
At Council's direction, staff will prepare legislation to enact the herein described
adjustments in two phases. Phase 1 to be in effect in early 2008 will adjust each Zone to
one -half the change indicated. Phase 2 in January of 2009 will complete the adjustment. In
January of 2010 rates will be increased an additional 3% for escalation of construction
costs.
REQUESTED ACTION:
Staff respectfully requests City Council review and analyze this study, which will be submitted
as a policy issue with the 2008 budget for action during the budget process. A Public
Hearing on this issue will be held on November 20, with Council Action scheduled for early
December. In the interim, staff will schedule meetings with council committees and with
various community groups to discuss the Study's recommendations.
WCC 2007 Update