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Home My WebLink About2007-016 Wastewater Rates, Fees, Charges; YMC Amendment 7.58.030 and 7.58.090 ,r l ORDINANCE NO. 2007 -16 AN ORDINANCE of the City of Yakima relating to wastewater rates, fees, and charges, adjusting certain wastewater connection charges, amending Sections 7 58 030 and 7 58 090 of the Yakima Municipal Code, establishing an effective date 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 connection of a governmentally -owned public facility that has been relocated from a nearby lot generally represents the relocation of a use rather than the addition of a use and would not require payment of any connection fee if the relocation were made within a single parcel; and WHEREAS, the City Council finds that the relocation of an existing governmentally - owned public facility to a nearby lot generally differs from the relocation of other types of customers because wastewater discharge from the former lot will likely be substantially diminished or eliminated, and WHEREAS, adoption of this Ordinance will promote the legislative goal of ensuring that public facilities, such as schools, necessary to support development are adequate, and WHEREAS, the City Council determines that it is in the best interests 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 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 58 030 of the Municipal Code is 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 -1- B The Wastewater Connection Charge for any facility located on a lot that has participated in a local improvement district (L.1 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 1 (inside City) the Wastewater Connection Charge shall be waived for any 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 The owners of such parcels remain obligated for all LID charges D 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 Y.M.C. or the final assessment of the LID plus interest." Section 2. Section 7 58.090 of the Municipal Code is amended to read 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 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, -2- 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 3. 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 rd PASSED BY THE CITY COUNCIL, signed and approved this 3 day of April , 2007 ATTEST David Edler, Mayor City Clerk Publication Date 4 - - 2007 Effective Date 5 - - 2007 K025739 \0004ZETET N23DU -3- BUSINESS OF THE CITY COUNCIL YAKIMA, WASHINGTON AGENDA STATEMENT Item No Q For Meeting Of April 3, 2007 ITEM TITLE. Consideration of Proposed Revisions to the Wastewater Connection Charge Ordinance SUBMITTED BY Douglas Mayo, Wastewater Manager Dave Zabell, ACM CONTACT PERSON/TELEPHONE Douglas Mayo 575 -6077 SUMMARY EXPLANATION. The Yakima Municipal Code, as currently adopted, does not allow the transfer of wastewater discharge authorization from lot to lot. Staff recognizes that certain govemmentally- owned public facilities, specifically schools, may be relocated to a nearby lot. The current plans for the new, funded, West Valley High School and plans for potential Yakima School District construction would be affected by this issue Staff believes that adoption of the enclosed ordinance that may allow the transfer of authorization to discharge from a lot to a nearby or adjacent lot would promote the legislative goal of ensuring that public facilities necessary to support development are adequate Resolution _ Ordinance X Other (Specify) Contract Mail to (name and address) Phone Funding Source APPROVED FOR SUBMITTAL. (7 City Manager STAFF RECOMMENDATION Staff respectively requests that the City Council approve the attached Ordinance BOARD /COMMISSION RECOMMENDATION COUNCIL ACTION Ordinance passed. ORDINANCE NO. 2007-16