HomeMy WebLinkAbout2003-047 Irrigation rebuild / Termination of Irrigation Service ORDINANCE NO. 2003- 47
AN ORDINANCE relating to capital improvement charges for rebuild, and to procedures for
termination of service from, the irrigation water system under Chapter
7.24 of the City of Yakima Municipal Code; and relating to charges for
connection of irrigation demand to the domestic water system under
Chapter 7.56 of the City of Yakima Municipal Code; amending Sections
7.24.100, 7.24.110, 7.24.150, 7.24.160, 7.56.030 and 7.56.040 of the City of
Yakima Municipal Code; and establishing an effective date.
WHEREAS, the City of Yakima (City) owns and operates both an irrigation water utility
system and a domestic water utility system (collectively, the "water /irrigation system ") for
purposes of providing a supply of water to the public;
WHEREAS, the City contemplates making capital improvements to rebuild the
irrigation systems;
WHEREAS, additional revenues from the water /irrigation system will be required to
help cover the costs of such improvements as well as ongoing costs of operations and
maintenance;
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;
WHEREAS, under certain circumstances and using certain procedures customer
_ demand for a supply of water for irrigation purposes may be shifted from the irrigation water
utility to the domestic water utility; and
WHEREAS, capital improvements to the irrigation system will help the City improve the
efficiency of its irrigation system in order to comply with the reduction in the City's Nelson
diversions ordered by the Court in the Acquavella proceeding, which in turn will be an element
of the City's implementation of its conservation obligations under chapter 5, laws of 2003
( "House Bill 1338 "); and
WHEREAS, the City Council finds and determines that such circumstances and
procedures should be amended as set forth in the Ordinance;
NOW THEREFORE, BE IT ORDAINED BY THE CITY OF YAKIMA:
Section 1. 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.
Page 1 of 6
Annual charges shall be calculated as a function of the total square footage ( "TSF ") of
each lot, tract, or parcel served. This annual charge is comprised of the following
components:
Operation and Maintenance ( "O &M ") charge = $0.0137 x TSF; and
Capital Improvement Program ( "CIP ") charge = $0.0059$0.0140 x TSF.
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 2. 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 March 16,
• ' 999September 1, 2003 and shall remain in effect until amended by action of the city
council.
Section 3. 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 . - .4- 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 . - the public
hearing has been conducted, the division manager shall make a recommendation to the
city council regarding termination and conversion.
C. The division manager's recommendation shall address all the factors set forth in YMC
7.24.160.B. The city council shall deny termination and conversion if the customer has
reasonably available access to the irrigation system; or if sufficient capacity or water
rights for conversion do not exist within the domestic system; or if conversion will cause
a lack of compliance with statutory site design requirements and standards for lot
coverage. The city council may, in its discretion, also deny termination and conversion
based on other factors.
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D. The division manager's recommendation 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 4. 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.
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;
(ixvii -i) Capital costs imposed by the proposed conversion;
(ix) Tax and related financial considerations;
(xi) Security for potential liabilities;
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(xii) Consistency with applicable plans adopted under the Growth Management
Act;
(xiii) The timing of the proposed conversion relative to the irrigation season,
construction schedules, or other irrigation system activities;
(xivii) 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
inrigation system: or where »' - < - : - - - - - - 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 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 5. Section 7.56.030 of the City of Yakima Municipal Code is hereby amended
to read as follows:
7.56.030 Connection to the domestic water system for domestic and irrigation
purposes -- Connection charge imposed.
A. A connection charge is imposed on the owner of any lot or facility to be connected to
the domestic water system, when the owner of the lot or facility to be so connected has
not paid a domestic water connection charge for connecting such lot or facility to the
domestic water system — except when such conversion is directed pursuant to YMC
Section 7.21.150. Payment of the connection charge does not convey any ownership
interest in the domestic water system. Payment of the connection charge authorizes
connection only to the designated lot or facility and is not transferable to any other lot or
facility.
B. Notwithstanding subsection A of this section, a connection charge is also imposed on
the owner of any lot or facility to which irrigation system water service is terminated
pursuant to YMC Sections 7.24.150 or 7.24.160.
Section 6. Section 7.56.040 of the City of Yakima Municipal Code is hereby amended
to read as follows:
Page 4 of 6
7.56.040 Elements of the domestic water connection charge.
A. Classifications. The following chart lists the elements of the domestic water
connection charge applicable to the various classes of connections subject to such a
charge:
Connection
Class Charge(s)
1. New domestic water system connection Domestic charge
where the lot or facility is also
connected to an irrigation system, and
for which water from the domestic
water system will therefore be drawn
for domestic purposes only.
2. New domestic water system connection Domestic charge plus
where the lot or facility is not connected base irrigation charge
to an irrigation system or for which
irrigation system water service is
unavailable, and for which water from
the domestic water system will
therefore be drawn for both domestic
and irrigation purposes.
3. New domestic water system connection Charge established by
made pursuant to YMC Section council, not to exceed
7.78.020. base irrigation charge
4. Existing domestic water system Base irrigation charge
connection where irrigation system
water service to the lot or facility owner
requests termination of irrigation
system water service is terminated
pursuant to YMC Section 7.24.150 or
7.24.160.
5. New domestic water system connection Distribution connection
- .. a to a lot, tract or charge
facility for which no there has been no
payment of has not been previously
centric. - a - e -e cost of the
distribution system costs through a
local improvement district, developer
contributions or other direct
contributions.
where:
"Domestic charge" is a charge calculated pursuant to YMC Section 7.56.050;
"Distribution connection charge" is a charge calculated pursuant to YMC Section
7.56.055;
"Base irrigation charge" is a charge calculated pursuant to YMC Section 7.56.060; and
"Charge established by council, not to exceed base irrigation charge" is any charge
established by the city council upon conversion pursuant to YMC Section 7.56.070.
All such connections and charges are subject to the following additional elements:
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1. City services charge in the amount of six percent assessed on the applicable
charge or the sum of the applicable charges;
2. Engineering . charge in the amount of twenty -five dollars per lot, in addition to
any required inspection, permit, or plan review fees; and
3. Water tax, pursuant to YMC Chapter 7.64, and any other applicable tax,
assessed on the sum of all charges except the city services charge and the
engineering charge.
B. Charges to be Published. The city engineer shall maintain a schedule of current base
charges, shall post such schedule conspicuously, and shall make copies available to
interested persons.
C. Initial Charges. Commencing on the effective date of the ordinance codified in this
chapter and until amended pursuant to subsection D of this section, domestic water
connection charges shall be calculated as set forth by this chapter.
D. Amendment of 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.
Section 7. This ordinance shall be in full force and effect 60 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 15 day of July, 2003'.
// 7
ry Place, Mayor
ATTEST:
City Clerk
Publication Date: 7/18/03
Effective Date: 9/16/03
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BUSINESS OF THE CITY COUNCIL
YAKIMA, WASHINGTON
AGENDA STATEMENT a'
Item No.
For Meeting of 7/15/2003
ITEM TITLE: Consideration of an Ordinance related to Public Services and Utilities Providing
for the Rebuild of all of the Irrigation Systems
SUBMITTED BY: Dave Brown, Acting Water /Irrigation Manager
Glenn Rice, Assistant City Manager
Dick Zais, City Manager
CONTACT PERSON/TELEPHONE: Dave Brown / 575 -6204
SUMMARY EXPLANATION:
At the meeting on July 1st, the Council directed staff to prepare legislation that implements the "Rebuild
of all of the Irrigation Systems" including a financing plan. The attached Ordinance and supporting
documentation provides the legislation to implement that vote.
Resolution Ordinance _X_ Contract Other Specify)
Mail to:
Funding Source 479
APPROVED FOR SUBMITTAL: -�, a -
City Maner
STAFF RECOMMENDATION:
This is a Council Policy Issue
BOARD /COMMISSION RECOMMENDATION:
COUNCIL ACTION:
•
TRANSMITTAL
Water/Irrigation Division
2301 Fruitvale Blvd.
Friday, July 11, 2003
•
To: The Honorable Mayor and Members of the City Council
From: Dave Brown, Acting Water /Irrigation Manager
Glenn Rice, Assistant City Manager
Dick Zais, City Manager
Subject: Irrigation Changes
SUMMARY EXPLANATION OF PROVISIONS OF ORDINANCE
This ordinance increases irrigation rates to generate additional revenue for
improvements and debt service. Staff anticipates that an ordinance relating to system
financing will be presented for Council consideration in the near future. The enclosed
ordinance also modifies the procedures used 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 increases the capital improvement element of irrigation rates from $0.0059 to
$0.0081 per square foot. Section 2 makes the rate increase effective September 1,
2003. This utility is not subject to the utility tax.
Section 3 makes minor revisions to the process for City consideration of whether to
convert the irrigation demand of an entire subdistrict from the irrigation water system to
the domestic water system. This new process will apply to conversion proposals made
on or after the effective date of the ordinance (roughly August 20, 2003).
Section 4 revises the process for City consideration of whether to grant a particular
customer's request to convert his or her irrigation demand from the 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 the 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 5 revises portions of the municipal code governing domestic system connection
fees. It is designed to ensure that customers who convert irrigation demand from the
irrigation water utility to the domestic water utility pay a connection charge. •
•
Page 2
Section 6 amends customer classifications for purposes of domestic water connection
charges to (1) impose a connection charge on customers who convert irrigation
demand to the domestic system regardless of whether the conversion is made on a
subarea or individual basis; and (2) clarify ambiguous language.
Section 7 provides a 60 -day effective date for the customer "Opt -Out" provision rather
than the normal 30 -days.
Rebuild Financing Documents
The attached "Irrigation Utility Rebuild CIP Financing" document and a memo from
Finance outlines the process for financing the rebuilding of ALL of the Irrigation
systems (the General -308 and the Non -308 Systems). This is the same plan that was
presented at the final "Public Meeting" held at the Yakima Valley Museum called
"Alternative la ".
The major elements are:
• A 30 -year Revenue Bond for $10,000,000 (see memo from Finance for details)
• Use of Community Development Block Grant Funds at $200,000 per year for 10
years
• Use of a portion of existing CIP rates for both rebuild and debt payment at
$400,000 per year
• Use of the excess money collected for the required debt coverage estimates at
1.6% and generating approximately $425,000 per year
• Use of existing reserves for half of the required "1.25% reserve deposit" at
$440,000 per year
• Use of new CIP rates to rebuild the Non -308 systems as a "pay -as- you -go plan"
after the rebuild of the General -308 System is completed at an average increase
of $11.95 per customer every two months or $0.0081 per square foot
•
o i Y;� a
-� 1 DE PARTMENT OF NANCE &BUDGET
^ 'x'rt 129 North Second Street
V '�' Yakima, Washington 98901
To: Hon. Mayor and Members of the City Council
Dick Zais, City Manager
From: Rita Anson, Finance Director* ,
Tim Jensen, Treasury Services Office
RE: Irrigation System Rebuild Financing
The objective of this financing is to issue revenue bonds to raise $10 Million for the
purpose of rebuilding Irrigation System 308, and use cash from bond coverage to provide
money for a pay as you go program to rebuild the other Irrigation Systems in the City.
The City has just issued $5.6 Million in LTGO bonds that it declared, "bank qualified ",
and is preparing to close this month on a lease of $500,000 and a line of credit draw of
approximately $100,000 that have also been deemed bank qualified. (Bank qualification
• makes municipal securities more attractive for banks to invest in thereby making them
less expensive to issue because they appeal to a larger market). IRS regulations limit a - -
municipality to issuing $10 Million in bank qualified debt per calendar year.
Therefore to maintain bank qualification for the Irrigation bonds, Staff recommends
issuing only a maximum of another $3.8 Million in tax - exempt debt in 2003. Irrigation
Division officials have indicated that the full $10 Million is not needed this year for
design and construction. Therefore,Finance proposes splitting the issuance of the bonds -
to a maximum of $3.8 Million this year and issue the balance at a future date to be
determined by construction needs and market conditions.
•
• Yakima
Incersi
'IIII
Customer Service (509) 575 -6080 • Finance (509) 575 -6070 • Information Systems (509) 575 -6098 1994
Page 1 of 4
CITY OF YAKIMA, WASHINGTON
IRRIGATION UTILITY REBUILD CIP FINANCING •
•
The following is the financing package for the Irrigation System "REBUILD" that
was presented at the April 15, 2003 Council Meeting.
•
• Alternative la: Rebuild all of the Irrigation Systems. Using a 30 -Year
Revenue Bond. General -308 System construction would be the first
priority.
Alternative la: Rebuild Original General 308 Irrigation System and the Non -308
Systems
30- Year Revenue Bond — Debt Coverage — CDBG Funds
General System improvements ($13,450,000) would be fully funded with a 30
year revenue bond, cash from future debt service coverage for the "pay as you
go" portion and funds from Community Development Block Grant (CDBG funds.
This Utility does not qualify for low interest loans for the Public Works Trust Fund
loan program. We are proposing the use of conventional "revenue bonds" which
require has a 2% issuance expense including insurance, a debt reserve account
equal to 1.25 times the annual debt service and debt coverage equal to 1.6 times
the annual debt service.
Several conditions will apply to this funding package. These conditions are —
necessary as this is a relatively new utility (formed in 1997) and has not issued
debt in public markets. Our Investment Bankers has advised us the these
conditions will need to be in place in order to make the bond marketable.
Conditions:
• Ensure customers could not opt out of the irrigation utility to avoid paying
the increased cost due to the revenue bond, YMC 7.24.160 "Customer
termination of irrigation service — Conversion to domestic water system"
will need to be modified Proposed ordinance change is attached which
includes a 60 days notice for the "opt -out" provision.
• To ensure the integrity of the system the City must enforce the existing
ordinance provisions that allows for suspension of domestic water --
irrigation water and/or the filing of liens for delinquent charges.
' CDBG Community Development Block Grant spending.
2 CDBG Community Development Block Grant spending_ Approximately $200,000 per year for 10 years, for
a total of approximately $2,000,000. For qualified citizens for specific projects by application for on property
work of for mains that serve qualified properties.
3 This modification includes a 60 day period for a last chance "opt- out ".
•
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30 — Year Bond Assumptions
• Number of customers: 10,200
• Construction Completion Schedule: 7 -10 Years
Terms:
Final Maturity: 30 years
Interest Rate: 5.75 percent
Issuance Expense: 2.0 percent
• Reserve Deposit 1.25 times the annual debt service
Coverage: 1.6 times annual debt service
Results:
Issue Amount: $10,000,000
Less: Issue Expense: ($200,000)
• Reserve Deposit: ($440,000)
Net Proceeds: $9,360,000
Payment Calculation:
Annual Payment $707,162
Debt Coverage @ 1.6 $424,297
Total Annual Payment $1,121,460
Contribution from CIP ($400,000)
Net Rate Increase $731,460
Rate Impact:
Number of Customers: 10,200
Number of Bills: 6 (bi- monthly billing)
Formula: Annual Debt Service Divided by Number of Customers Divided by
Number of Bills
Bi- Monthly CIP Billing: $731,460 / 10,200 / 6 = $11.95
•
This is an average net Increase in the Bi- Monthly Bill to the customer.
4 It is anticipated that up to 5% of the customer base could `opt -out" during the 60 day last chance period,
this reduces the total customers from 10,700 to 10,200.
5 Half of the reserve deposit is proposed to be from existing irrigation utility CIP reserves and half from the
new bond.
6 Because this is a relatively new utility the Investment Bankers are advising that the debt coverage would
be 1.6 times the average annual debt service.
7 Reserve deposit required equal to 1.25 times the average annual debt service or approximately $880,000,
$440,000 from Bond and $440,000 from existing Irrigation CIP reserves. •
8 Existing rates. •
.
Page 3 of 4
•
•
Completion of Project:
•
• With an average of $200,000 per year from CDBG
•
•
•
Project Cost $13,450,000.
Bond Proceeds $ 9,360,000
Revenue from CDBG $ 2,000,000
Cash from Debt Coverage $ 2,779,210
Total Revenue $14,139,210
•
•
Total Rate Impact of Alternative la •
Proposed Revenue Bond: $11.95
Total increase to Bi- Monthly CIP Billing: $11.95 ($0.0081 per square foot)
This is an average net Increase in the,Bi - Monthly Bill to the customer.
All irrigation customers would pay an average of $11.95 every 2 months toward the
cost to rebuild of the Irrigation Systems. See Rebuild Non -308 Systems section •
below.
•
•
•
•
•
•
•
•
8 The Value of Six (6) years of debt coverage invested in year two through year seven (7) of the revenue
bond. This number represents the "Future Value" of the payments with an anticipated interest rate return of .
3.5 %.
10 Actual cost increases by lot size are reflected on the summary sheets. Actual cost increases may. be
calculated by [ lot size in square feet times $0.0081 per square foot divided by 6 bi- monthly payments = bi-
monthly cost increase ] . New total cost would be calculated by adding this cost increase to your current bi-
monthly cost.
•
Page 4 of 4
Rebuild Non -308 Irrigation Systems
Estimated Net Capital Cost: $6,500,000 •
"Pay -As- You -Go" & Debt Coverage from Alternative la
• Number of Customers: 10,200 (if 308 rebuild selected)
• Construction Completion Schedule: 18 Years
• Non -308 system improvements•($6,500,000) would be funded with
$100,000 per year from current CIP rates and from the debt coverage
collected on the 30 -year revenue bond in Alternative la.
Results:
Existing CIP Rates14 $1,440,000
Cash from Debt Coverage $4,997,595
Total collected $6,437,595
• This option would not have an additional rate impact; rate impacts
calculated in Alternative la above include completing the rebuild of the
N'on-308 Systems.
• Depending on how CDBG funds are use in the General -308 rebuild
this project could take up to four (4) additional years to complete or
could be completed in less time than projected.
• CDBG funds are not allocated to this portion of Alternative la as most
of the areas served by the Non -308 Systems are not eligible for CDBG
funds.
•
"New Total Rate":
• Current CIP Rate $0.0059 per square foot
• Current O &M Rate $0.0137 per square foot
• Total Existing Rate $0.0196 per square foot
• Additional CIP need for rebuild $0.0081 per square foot
• Total "NEW" Rate CIP + O &M $0.0277 per square foot
Note this is the full amount of the project cost, reserves will be used to establish a reserve deposit for the
30 year bond in Alternative Ia.
12 It is anticipated that up to 5% of the customer base could "opt -out" during the 60 day last chance period,
this reduces the total customers. from 10,700 to 10,200.
13 To begin after completion of General -308 System Rebuild. •
14 $80,000 per year from existing CIP rates for 18 years.
15 The value of ten (10) years of debt coverage invested in year eight (8) through year seventeen (17) of
the revenue bond. This number has been adjusted to the "Future Value" with and anticipated interest rate
return of 3.5 %.
Summary
IRRIGATION UTILITY REBUILD CIP FINANCING
Description Individual Customer Cost'
Average increase of $11.95 every two months or $71.70 annually.
Or an increase of $0.0081 per square foot.
Alternative la Lot Size in Square Bi-Monthly Cost of Annual Cost of Total Annual Cost at
Feet Increased Rate of Increased Rate of New Total Rate of
Rebuild All of The City's irrigation $0.0081 per sq. ft. $0.0081 per sq. ft. $0:0277 per sq. ft.
7,000 $9.45 • $56.70 $193.90
Systems. 8,000 $10.80 $64.80 $221.60
Project Cost 9,000 $12.15 $72.90 $249.30
Total Cost $15,200,000 12,000. $16.20 $97.20 $332.40
Work Completed ($ 1,450,000) 14,000 $18.90 $113.40 $387.80
Available Funding (reserves) ($ 300,000)
308 Systems Total $13,450,000
Non -308 Systems $ 6,500,000
Net Cost $19,950,000 •
•
Irrigation Square Foot Fees
• Alternate la Fxild All
Current as d Jan. 2003 Irrigation Systerrs
0 $0.0137 $0.0137
CIP $0.0059 $0.0140
Total $0.0196 $0.0
Increase NIA $0.0081
Alternate la Increase for All Irrigation Customers
Lot Sze in Square Feet Alternate la Annual Increased Alternate la Every Two Maiths
t Increased Cost
7,700 $62.37 $10.40
8,000 $64.80 $10.80
9,000 $72.90 $1215
12,000 $97.20 $16.20
14,000 $113.40 $18.90
Alternate la Total Two North Cost at New Total Rate of $0.0277 per sq. It.
Lot Sze in Square Feet Alternate la Neenr Total Rate Alternate la Every Two Months
NON Cat
7,700 $35.55
8,000 $36.93
9,000 $0.0277 $41.55
12000
14,000 : $64.x
•
Alternate la Total Annual Cost at New Total Rate of $0.02T7 per sq. ft
Lot Sze in Square Feet Alternate la N3N Tatal Rate Alternate la Annual Ni e Cost
7,700 $213.29
8,000 $221.60
9,000 $0.0277 $249.30
12,000 $33240
14,000 $387.80