HomeMy WebLinkAbout2003-029 General 308 Irrigation System Termination ORDINANCE NO 2003- 29
AN ORDINANCE relating to public services and utilities, terminating irrigation system
service to the General 308 area, establishing new irrigation system
customer classifications, amending charges for use of the irrigation
system, and amending provisions regarding termination of service from
the irrigation system under Chapter 7 24 of the City of Yakima Municipal
Code, amending provisions for adjustment of wastewater charges to
reflect use of domestic system water for irrigation purposes under
Chapter 7 60 of the City of Yakima Municipal Code, imposing a surcharge
for use of the domestic water system under Chapter 7 68 of the City of
Yakima Municipal Code, amending Sections 7 24 010, 7 24 100,
7 24 110, 7 24 150, 7 24 160, 7 60 070, and 7 68 250 of the City of
Yakima Municipal Code, establishing a new section 7 24 045 of the City
of Yakima Municipal Code, and establishing an effective date
WHEREAS, the City of Yakima (City) owns and operates both irrigation and domestic
utility systems for purposes of providing a supply of water to the public,
WHEREAS, a portion of the City irrigation water utility system known as the General 308
System, that is, the portion of the irrigation system located within the General 308 area
designated on the map attached as Exhibit B to City Ordinance 97 -63, comprises an entire
service area subdistrict or group of subdistricts,
WHEREAS, certain betterments and improvements to either the General 308 System or
to the City domestic water system have been proposed in order to improve the provision of
water for irrigation purposes to customers within the area presently served by the General 308
System,
WHEREAS, the City provided notice of conducted public hearings on February 4, 2003
and February 18, 2003 to receive public testimony regarding the proposed improvements to the
domestic water system and termination of irrigation system service to the area served by the
General 308 System,
WHEREAS, pursuant to Section 7 24 150 of the City of Yakima Municipal Code, the
manager of the water /irrigation division made a recommendation to the council regarding
termination of irrigation utility service to the General 308 System area, and conversion of the
irrigation demand in that area to the domestic water system,
WHEREAS, in Tight of the resolution of the City's water right claims in the Acquavella
litigation, the City's domestic water system has water rights available to meet the irrigation
demands of customers presently served by the General 308 System,
WHEREAS, the domestic water system, including planned improvements, will have
adequate capacity to meet the irrigation demands of customers presently served by the General
308 System at such time as those demands are converted to the domestic system,
WHEREAS, user rate, capital cost, financial and tax considerations, taken together,
favor use of the domestic water system to meet the irrigation demands of customers currently
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served by the General 308 System and conversion will result in an overall improvement to both
the remaining irrigation system and the domestic water system,
WHEREAS, the City Council hereby finds and determines that the interests of the all
citizens of the City of Yakima would best be served by termination of irrigation utility service to
the General 308 System area, and conversion of the irrigation demand in that area to the
domestic water system,
WHEREAS, the City Council further finds and determines it is advisable that the City
make additions and betterments to the domestic water utility system as set forth in the plan
described in the April 11, 2003 transmittal memorandum and attachments thereto from the
Water /Irrigation Division Manager to the City Council, which plan contains estimated costs, in
order to meet the irrigation water needs of customers located within the General 308 System
area, thereto or extensions thereof,
WHEREAS, customers within the area served by the General 308 System and
customers served by other portions of the irrigation system are not similarly situated because
irrigation system service will be terminated only to those customers in the area served by the
General 308 System, while the City will continue to provide for capital improvements to other
portions of the irrigation system,
WHEREAS, a temporary surcharge on domestic water use is a fair and equitable means
to raise a portion of the revenues needed for capital improvements to the domestic water
system, and
WHEREAS, the City Council finds and determines that the rates and charges for utility
service set forth in this ordinance are fair, just and reasonable,
NOW THEREFORE, BE IT ORDAINED BY THE CITY OF YAKIMA.
Section 1 Water for irrigation purposes shall be supplied to customers within the
area presently served by the General 308 System through the domestic water utility system
Irrigation system service shall be terminated to the General 308 System The Manager of the
Water /Irrigation Division shall recommend, and the City Manager shall adopt and publish, a
schedule for the termination of irrigation system service to various portions of the General 308
System In any event, such termination of irrigation system service and conversion of irrigation
demand to domestic water service shall commence no earlier than January 1, 2004 and be
completed no later than December 31, 2012
Section 2 Section 7 24 010 of the City of Yakima Municipal Code is hereby
amended to read as follows
7.24 010 Definitions.
Page 2 of 10
Unless the context specifically indicates otherwise, the meaning of terms in this chapter
shall be as follows
"City" means the city of Yakima
"City manager" means the city manager of the city of Yakima or his or her designee
"Customer service division" means the division of customer service within the department
of finance and budget.
"Customer service manager" means the manager of the customer service division.
"Distribution main system" means a series of distribution mains extending from
transmission mains
"Distribution mains" mean those irrigation system pipes used to convey irrigation system
water from transmission mains to service lines
"Division" means the water /irrigation division of the city of Yakima
"Division manager" means the manager of the division, or his or her authorized agent.
"General 308 System" means the portion of the irrigation system located within the
General 308 area designated on the map attached as Exhibit B to City Ordinance 97 -63
"Irrigation improvement fund" means the irrigation improvement fund described in YMC
Chapter 3 73
"Irrigation local improvement districts" or "ILIDs" means those districts, listed on Exhibit A,
attached to Ordinance 97 -63 - - - - - - _ _ _ _ _ _ _ - and incorporated
herein by reference, created and operated pursuant to RCW 35 92.260_
"Irrigation operating fund" means the irrigation operating fund described in YMC Chapter
3 112
"Irrigation system," or "system" in a context so indicating, means the waterworks and all
other city -owned property used for the purposes described in YMC Section 7 24 030
"Irrigation system water" means water conveyed through irrigation system waterworks
and used for the purpose of irrigation
"Person" means any individual, partnership, copartnership, firm, company, corporation,
association, joint stock company, trust, estate, governmental entity, or any other legal
entity, or their legal representatives, agents, or assigns This definition includes all
federal, state, or local governmental entities
"Service area" means that area served by the irrigation system, and consisting of the
various service area subdistricts.
"Service area subdistricts" or "subdistricts" means those areas designated on the map
attached - _ _ _ _ _ _ _ - _ _ _ _ - as Exhibit B to Ordinance 97 -63, as
such map may be amended from time to time, which map is incorporated herein by
reference
The area of each subdistrict shall correspond to a unique irrigation local improvement
district, or existing subdivision thereof, created and operated by the city pursuant to RCW
35 92.260, or to such distinct area as the city may add to the irrigation system pursuant to
YMC Section 7 24 140
Page 3 of 10
"Service lines" means the pipes that extend from the distribution mains to the individual
properties to be served by the irrigation system.
"System" shall have the same meaning as "irrigation system "
"Transmission mains" mean those irrigation system pipes twenty -four inches or greater in
diameter, and related conduits, used to transmit irrigation system water to a distribution
main system.
"Utility Billing division" means the division of customer service within the department of
finance and budget.
" Utility Billing manager" means the manager of the customer service division
"Waterworks" means that system of conduits and conveyances belonging to the city and
used for the purpose of diverting, storing, conveying, moving, and otherwise controlling
the flow of water in the irrigation system. "Waterworks" includes, but is not limited to,
dams, ditches, laterals, canals, pipes, and headgates, and all appurtenances thereto
Section 3 Section 7 24 045 is hereby added as a new section to the Yakima
Municipal Code to read as follows
7.24 045 Customer Classifications
The irrigation system shall have two classes of customers for purposes of rates and
charges They are as follows
A. The "General 308 System Customers" are those customers served by the General
308 system
B The "Non -308 System Customers" are those customers of the city irrigation system
served by portions of the system other than the General 308 System
Section 4 Section 7 24 100 of the City of Yakima Municipal Code is hereby
amended to read as follows
7.24 100 Annual rates and charges
A. Annual charges for each customer class shall be calculated as a function of the total
square footage ( "TSF ") of each lot, tract, or parcel served This annual charge is
based on comprised of the following elementssempes
Operation and Maintenance ( "O &M ") charge = $0 0137 x TSF, and
Capital Improvement Program ( "CIP ") charge = $0.0050 $0 0110 x TSF
B Annual charges for General 308 System Customers shall be the product of the
Operation and Maintenance charge times the total square footage of the customer's
lot, tract, or parcel served (O &M * TSF).
Page 4 of 10
C. Annual charges for Non -308 System Customers shall be the sum of the Operation
and Maintenance and Capital Improvement Program charges, multiplied by the total
square footage of the customer's lot, tract, or parcel served ([O &M + CIP1 * TSF)
D All moneys billed and collected pursuant to this section shall be deposited in the
irrigation operating fund pursuant to YMC Section 3 112.020
Section 5 Section 7 24 110 of the City of Yakima Municipal Code is hereby
amended to read as follows
7.24 110 Effective date for rates.
The rates set forth in YMC Section 7 24 100 shall become effective on
July 1, 2003 and shall remain in effect until amended by action of the city council
Section 6 Section 7 24 150 of the City of Yakima Municipal Code is hereby
amended to read as follows
7.24 150 City termination of subdistrict irrigation system service -- Conversion to
domestic water system.
A. After all avenues for maintaining or reestablishing If the city council determines that it
is not feasible to maintain or reestablish irrigation infrastructure serving a service area
subdistrict, have been duly pursued, the city council may consider acting to- permanently
terminate irrigation system service to a service area that subdistrict and convert that
subdistrict's irrigation demand to the domestic water system.
B The division-manager-city council shall provide notice of and conduct a public hearing
to receive public testimony regarding any proposed termination of irrigation system
service to a service area subdistrict or group of subdistricts After conducting -the public
hearing has been conducted, the division manager shall submit
a report to the city council regarding termination and conversion
C The division manager's report shall address all the factors set forth in YMC
7.24.160.B. The city council may, in its discretion, deny termination and conversion
based on factors other than those set forth in YMC 7.24.160.B.
D The division manager's recommendation report and the city council's decision must
be made as to an entire service area subdistrict or group of subdistricts, and shall not be
made as to individual customers
Section 7 Section 7 24 160 of the City of Yakima Municipal Code is hereby
amended to read as follows
7.24 160 Customer termination of irrigation service -- Conversion to domestic water
system.
Page 5 of 10
A. An irrigation water service customer may request termination of irrigation water
service on the grounds that the customer lacks and cannot reasonably obtain access to
the irrigation system Such request shall be made to the division manager
B The Division Manager shall render to the customer a written response regarding the
request. In reviewing the request, the division manager shall consider factors including,
but not limited to
(i) The existence of reasonably available customer access to the irrigation
system,
(ii) The capacity of the domestic water system to accommodate the customer's
irrigation demand,
(iii) The availability of domestic system water rights to meet the customer's
irrigation demand,
(ivii) Compliance with statutory site design requirements and standards for lot
coverage (Yakima urban area zoning ordinance, Section 15 05 020),
(iv) Necessary or required design standards,
(vi) The effect of such conversion on the adequacy of flow to other irrigation
system customers,
(vii) The penetration rate within the territory served by the irrigation system,
(viii) Implications for the existing rate structure,
(ixvUi) Capital costs imposed by the proposed conversion,
(ix) Tax and related financial considerations,
(xi) Security for potential liabilities,
(xii) Consistency with applicable plans adopted under the Growth Management
Act;
(xii!) The timing of the proposed conversion relative to the irrigation season,
construction schedules, or other irrigation system activities,
(xivi1) Implications of applicable governmental permits and authority; and
(xiv) Costs associated with evaluating the proposed conversion
No conversion shall be granted where the customer has reasonably available access to
the irrigation system, or where division manager determines either that sufficient
capacity or water rights for conversion do not exist within the domestic system, or that _
where conversion will cause a lack of compliance with statutory site design requirements
Page 6 of 10
and standards for lot coverage (Yakima urban area zoning ordinance, Section
15 05 020)
C If the division manager grants the request, the customer may convert to the domestic
water system upon payment of the applicable domestic water system connection and
related fees set forth in YMC Chapters 7 50, 7 56 and 7 68
Section 8 Exhibit B to Ordinance 97 -63, which is incorporated by reference in
Section 7 24 010 of the City of Yakima Municipal Code is hereby amended to read as set forth
in Exhibit A to this Ordinance
Section 9 Section 7 60 070 of the City of Yakima Municipal Code is hereby
amended to read as follows
7 60 070 Water used for irrigation not to be charged as wastewater
It is the intent of this chapter that the portion of water used exclusively for irrigation be
not charged correspondingly not form the basis for wastewater charges Upon
application, where it can be shown to the satisfaction of the city wastewater
superintendent manager that the higher charges for wastewater during the summer
months are due to water used for irrigation, the wastewater charge for the summer
period may be adjusted to based upon the winter months' water usage charges The city
water /irrigation manager shall file such an application on behalf of customers located
within the General 308 System when the customer's irrigation demand is converted from
the irrigation water system to the domestic water system, and such application shall be
granted to the extent of the customer's irrigation demand.
Section 10 Section 7 68 250 of the City of Yakima Municipal Code is hereby
amended to read as follows
7 68.250 Water services charges
A. Commencing July 1, 2001 July 1, 2003, the charge for domestic water supplied shall
consist of a ready -to -serve charge and-a charge for water consumed, and a surcharge as
follows
Ready -to- One -Month Two -Month
Serve Period Period
Charges
Meter size
3/4" and $3 65 $3 65
smaller
1" 4.24 565
1 -1/2" 7 68 12 80
2" 14 17 26 00
3" 34 64 67 00
4" 54 57 107 00
Page 7of10
6" 95 95 190 00
8" 15655 31000
10" 238 93 475 00
12" 351 40 700 00
Following is a tabulation of applicable rates per UOC
UOC Rate Per UOC
0 - -220 1 13
13 -20 1.13
21- -250 1 00
251---- 598and above 0 75
Ova -508 05
The surcharge shall be $9 63 per connection for each two -month period, or $4 82 for any
one -month period, for all customers of domestic water service from July 1, 2003 through
July 1, 2023.
B The "one -month period" is defined as nay any period of time from one day up to and
including one month and fourteen days, and the "two -month period" is defined as any
period of time from one month and fifteen days to two months and fourteen days
Minimum ready -to -serve and consumption charges for water supplied outside the city
shall be computed by multiplying the applicable rate above by one and one -half Provided,
however, that within the -area described on the map found in Section 7.68.035 of this
code, the ready -to -serve charge and charge for water consumed shall not be subject to
any surcharge set out in this subsection.
C Home Kidney Dialysis A residential customer who undergoes kidney dialysis at his or
her home, or whose home is also the home of a different person who undergoes home
kidney dialysis, shall not be required to pay utility charges for domestic water service or
sewer service for the quantity of water that is necessary for the home dialysis In order to
be excused from utility charges under this subsection, the residential customer must
present annually to the director of finance and budget or their designee written
documentation from a recognized kidney dialysis center certifying that the person requires
dialysis and the quantity of water needed for that person's dialysis
Page 8 of 10
Section 11 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
PASSED BY THE CITY COUNCIL, signed and approved this 20tlolay of May
2003
ATTEST Place, Mayor
City Clerk
Publication Date 5 -23 -03
Effective Date 6 -22 -03
Page 9 of 10
Ordinance 2003 - Exhibit - A
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Page 10 of 10
BUSINESS OF THE CITY COUNCIL
YAKIMA, WASHINGTON
AGENDA STATEMENT
Item No /a
For Meeting of 5/20/2003
ITEM TITLE Consideration of an Ordinance related to Public Services and Utilities Providing
for the Conversion of the General -308 Irrigation System to Domestic Irrigation
Service
SUBMITTED BY Dave Brown, Water /Irrigation Engineer
Glenn Rice, Assistant City Manager
Dick Zais, City Manager
CONTACT PERSON /TELEPHONE Dave Brown / 575 -6204
SUMMARY EXPLANATION
At the meeting on May 6 the Council voted to "convert the General -308 Irrigation System to domestic
water and to rebuild the Non -308 Systems" The attached Ordinance and supporting documentation
provides the legislation to implement that vote
Resolution Ordinance _X_ Contract Other Specify)_
Mail to
Funding Source
APPROVED FOR SUBMITTAL � �-, J-
City Mana er
STAFF RECOMMENDATION
Pass the attached Ordinance
BOARD /COMMISSION RECOMMENDATION
COUNCIL ACTION Ordinance passed. ORDINANCE NO.. 2003 -29
TRANSMI TTAL
Water /Irrigation Division
2301 Fruitvale Blvd
Friday, May 16, 2003
To The Honorable Mayor and Members of the City Council
From Dueane Calvin, Water /Irrigation Manager
Dave Brown, Water /Irrigation Engineer
Glenn Rice, Assistant City Manager
Dick Zais, City Manager
Subject. Irrigation and Domestic Service Legislation
SUMMARY EXPLANATION OF PROVISIONS OF ORDINANCE
The ordinance is designed to implement the policy decision made by the City Council at its
meeting of May 6, 2003 The ordinance contains recitals and operative provisions relating
to converting the irrigation water demand of customers presently served by the City's
General 308 irrigation system to the City's domestic water system It confirms that capital
improvements will be made to the domestic system and to non - General 308 portions of the
irrigation system It creates irrigation customer classifications It adjusts rates for the
irrigation and domestic water systems It modifies the processes to be used in the future
(except for the General 308 system) for proposed conversion of an area's or a particular
customer's irrigation demand from the irrigation system to the domestic water system
Following is a section -by- section description of the provisions of the ordinance
Section 1 reflects the Council's policy decision and directs Staff to develop a schedule for
conversion of the General 308 system Conversion will occur over time from 2004 through
2012
Section 2 adds and revises certain definitions These definitions apply only to the irrigation
system portions of the municipal code They include a new definition for the General 308
system, revisions to reflect a change in terminology from "customer service" to "utility
billing ", and a reference to the updated map of the irrigation system, which eliminates the
General 308 system
Section 3 creates two customer classifications within the irrigation system Until now, there
has been only one customer classification, and all customers have paid the same rates,
including operations and maintenance (O &M) and capital improvement program (CIP)
charges, on a square -foot basis Section 3 classifies the General 308 customers separately
from other customers of he City's irrigation utility
Section 4 revises rates and charges for irrigation system customers It increases the level
of CIP charges, while retaining the current O &M charges It makes General 308 system
customers subject only to O &M charges, since there will be no further capital improvements
to that Irrigation system Other customers remain subject to both O &M and CIP charges
Section 5 sets July 1, 2003 as the effective date for the new irrigation system rates
Page 2
Section 6 makes minor revisions to the City process for future consideration of whether or
not to convert the irrigation demand of an entire subdistrict to the domestic water system
This new process will apply to conversion proposals made on or after the effective date of
the ordinance
Section 7 revises the process for City consideration of whether to grant a particular
customer's request to convert his or her irrigation demand from an irrigation water system to
the domestic water system Under the revised process, the customer will have to show that
he or she lacks and cannot reasonably obtain access to an irrigation system, in addition to
addressing the current criteria for conversion This revision is designed to ensure that
customers within an area receiving the benefits of capital improvements will continue to
share in the costs of the system
Section 8 incorporates by reference the map attached to the ordinance This map reflects
the elimination of the General 308 system from the City's irrigation utility system
Section 9 revises a portion of the municipal code governing wastewater It is designed to
ensure that customers within the General 308 system will not have their wastewater bills
increase as a result of the conversion
Section 10 imposes a surcharge on domestic water service that results in a rate of $9 63
every two months This represents a base surcharge of $8 45 plus an additional $1 18 to
cover the utility tax payable upon that $8 45 Section 10 also clarifies that the information
required of dialysis customers must be provided annually
Section 11 provides a 30 -day effective date
HISTORY OF ACTIONS RELATING TO ORDINANCE
How best to meet the irrigation water needs of customers located within the General 308
system has been an issue before the Council for a number of years The current proposed
ordinance relates most directly to actions taken from October 2002 to the present. These
actions include
• At the Council meeting of October 29, 2002, as Council considered the
Water /Irrigation Division's strategic business plan, there was discussion regarding
work on the irrigation system
• At its meeting of November 5, 2002, the Council conducted a public hearing on the
2003 Community Development Block Grant Annual Action Plan There was
discussion among Council members and Staff, and comment from nine members of
the public, regarding funding needs for the irrigation system and sources of funds
This public hearing was continued on November 26, 2002, and additional members
of the public commented
• At its meeting of January 7, 2003, the Council considered an ordinance amending
Page 3
domestic water system Base Irrigation Connection charges There was discussion
regarding potential impacts on customers within the General 308 system if that area
were to have its irrigation demand converted to the domestic system A January 21,
2003 study session and subsequent public hearing were announced
• The Council conducted special study sessions on January 21 and 28, 2003
concerning funding options related to the complete rebuild of the irrigation system, or
the conversion of the General -308 system and the rebuild of the Non -308 systems
The Council considered detailed information on relative costs and other factors
bearing on whether the General 308 system should be rebuilt, or whether instead the
irrigation demand from that area should be converted to the domestic system
• Public hearings on funding options for the irrigation system were conducted on
February 4 and 18, 2003 At these hearings, Staff made a presentation on the
history and options, then members of the public asked questions and testified
• At its meeting of March 4, 2003, the Council discussed irrigation system alternatives
and requested additional information on two new financing options Two members of
the public commented on irrigation system issues
• At its meeting of April 15, 2003, the Council received and considered the additional
information it had requested It received a recommendation from the Water /Irrigation
Manager, a transmittal memorandum summarizing information developed to date, a
summary of the future of the domestic water supply, a legal memorandum regarding
related water right issues, excerpts from the 2003 draft Water System Plan Update,
and a memorandum outlining changes to irrigation system ordinances The Council
took public comment and Staff responded to questions
• At its meeting of May 6, 2003, the Council received and considered further
information from the Water /Irrigation Division regarding the availability of funding
from various potential sources for the rebuilding and /or conversion of the General
308 system
• In 2003, 2004 and part of 2005, the revenue from the new surcharge on the
domestic water bill will be used to finance the design of the components necessary
for the conversion of the General -308 System Revenue in subsequent years will be
used for debt service on anticipated Public Works Trust Fund loans for construction