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Home My WebLink About2003-043 YMC amendments 7-24.010, 7.24.100, 7.24.110, 7.24.150, 7.24.160, 7.60.070, 7.68.250 & repealing 7.24.045AN ORDINANCE ALTERNATIVE 1 ORDINANCE NO. 2003- 43 relating to public services and utilities; repealing Ordinance No. 2003-29; 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; repealing section 7.24.045 of the City of Yakima Municipal Code; and establishing an effective date. WHEREAS, the City of Yakima (City) adopted Ordinance No. 2003-29 on May 20, 2003 relating to the City's irrigation and domestic water utility systems; WHEREAS, the City Council hereby finds and determines that the interests of the citizens of the City of Yakima would best be served by a repeal of Ordinance No. 2003-29 in its entirety and a return to the provisions of City ordinances as they existed prior to their amendment by Ordinance No. 2003-29; WHEREAS, the City Council finds and determines that the rates and charges for utility service that will apply upon the effectiveness of this ordinance are fair, just and reasonable; NOW THEREFORE, BE IT ORDAINED BY THE CITY OF YAKIMA: Section 1. Ordinance No. 2003-29 is hereby repealed in its entirety and shall be of no further force or effect after the effective date of this ordinance. Page 1 of 2 [repealer] • Section 2. 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 day of 2003. ATTEST: City Clerk Publication Date: '"1- (-1-'07). Effective Date: $— 3 " v 3 K:\25739\00027\ET\ET N21XY Mary Place, Mayor ../SC( Page 2 of 2 draft - repealer AN ORDINANCE ALTERNATIVE 2 ORDINANCE NO. 2003 - relating to public services and utilities; repealing Ordinance No. 2003-29; re-enacting portions of Ordinance No. 2003-29; 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; repealing and reenacting section 7.24.045 of the City of Yakima Municipal Code; and establishing an effective date. WHEREAS, the City of Yakima (City) adopted Ordinance No. 2003-29 on May 20, 2003 relating to the City's irrigation and domestic water utility systems; WHEREAS, the City Council hereby finds and determines that the interests of the citizens of the City of Yakima would best be served by a repeal of Ordinance No. 2003-29 in its entirety and a return to the provisions of City ordinances as they existed prior to their amendment by Ordinance No. 2003-29; WHEREAS, the City Council further finds and determines that the interests of the citizens of the City of Yakima would best be served by the Council either making provisions for the City's irrigation and domestic water utility systems that differ from the provisions of Ordinance No. 2003-29 between the present time and January 1, 2004; or in the event that no such alternative provisions are made, re-enacting the provisions of Ordinance No. 2003-29 effective January 1, 2004; WHEREAS, the City Council finds and determines that the rates and charges for utility service that will apply upon repeal of Ordinance No. 2003-29 and subsequently upon the effectiveness of the rate provisions of this ordinance are fair, just and reasonable; NOW THEREFORE, BE IT ORDAINED BY THE CITY OF YAKIMA: Page 1 of 4 [Suspension] Section 1. Ordinance No. 2003-29 is hereby repealed in its entirety and shall be of no further force or effect after the effective date of this ordinance except as expressly provided herein. Section 2. Sections 1, 2, 3, 4, 6, 7, 8, and 9 of Ordinance No. 2003-29 are hereby reenacted effective January 1, 2004. Section 3. 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, 1999 January 1. 2004 and shall remain in effect until amended by action of the city council. Section 4. 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 January 1, 2004, the charge for domestic water supplied shall consist of a ready -to -serve charge, aha charge for water consumed, and a surcharge as follows: Ready -to- One -Month Two -Month Serve Period Period Charges: Meter size 3/4" $3.65 $3.65 and smaller 1" 4.24 5.65 1-1/2" 7.68 12.80 2" 14.17 26.00 3" 34.64 67.00 4" 54.57 107.00 6" 95.95 190.00 8" 156.55 310.00 Page 2 of 4 draft - Suspension 10" 238.93 475.00 12" 351.40 700.00 Following is a tabulation of applicable rates per UOC: UOC Rate Per UOC 0--1220 1.13 13 20 1.13 21--250 1.00 251 500and above 0.75 Over 500 9-75 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. 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 3 of 4 draft - Suspension Section 5. 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. 2003. PASSED BY THE CITY COUNCIL, signed and approved this _ day of ATTEST: City Clerk Publication Date: Effective Date: K \25739 \ 00027NET \ ET N21 XZ Mary Place, Mayor Page 4 of 4 draft - Suspension BUSINESS OF THE CITY COUNCIL YAKIMA, WASHINGTON AGENDA STATEMENT Item No. 1 0 For Meeting of 7/1/03 ITEM TITLE: Consideration of Legislation re Public Services and Utilities Providing for the Conversion of the General 308 Irrigation System to Domestic Irrigation Service A. Repeal Ordinance #2003-29 B. Suspend Ordinance #2003-29 SUBMITTED BY: Glenn Rice, Assistant City Ma 4"! CONTACT PERSON/TELEPHONE: Glenn Rice/575-6040 SUMMARY EXPLANATION: The Council requested legislation to repeal the irrigation ordinance at its meeting on June 24. Legal Counsel has prepared two options to accomplish this objective and has prepared a more detailed legal opinion on these choices. OPTION A --Repeal only. The first draft ordinance would simply repeal Ordinance No. 2003-29 in its entirety. The repeal would be effective 30 days from publication of this ordinance. Rate changes made by Ordinance No. 2003-29 would be in effect from July 1, 2003 until the effective date of the repealer ordinance. OPTION B --Repeal, reenact, suspend. The second draft ordinance would likewise repeal Ordinance No. 2003-29 in its entirety. Further, it would reenact Ordinance No. 2003-29 effective January 1, 2004, providing the Council with time to make alternative provisions for the water/irrigation system should it wish to do so. Resolution Ordinance Contract Other (Misc. Information) Funding Source APPROVED FOR SUBMITTAL -`�; ��- city Manager STAFF RECOMMENDATION: No recommendation—this is a council policy issue. BOARD/COMMISSION RECOMMENDATION: COUNCIL ACTION: Ordinance passed. ORDINANCE NO. 2003-43 PrestonlGateslEllis LLP MEMORANDUM TO: FROM: DATE: SUBJECT: Honorable Mayor and Members of the City Council of the City of Yakima Elizabeth Thomas June 26, 2003 Draft Ordinances to Repeal, or Suspend, Irrigation Ordinance Introduction The Council adopted Ordinance No. 2003-29 on May 20, 2003, relating to the water/irrigation system. Ordinance No. 2003-29 became effective 30 days after its passage, approval and publication, except for the rate provisions, which will become effective on July 1, 2003 pursuant to Sections 5 and 10 of Ordinance No. 2003-29. We assume Ordinance No. 2003-29 was published on May 23, and accordingly became effective on June 22, 2003. We understand that the Council may wish to consider repealing or perhaps suspending Ordinance No. 2003-29. The first enclosed draft ordinance would simply repeal Ordinance No. 2003-29. The second enclosed draft ordinance would essentially suspend Ordinance No. 2003- 29 until January 1, 2004, providing the Council with time to make alternative provisions for the water/irrigation system should it wish to do so. Repealer Ordinance This ordinance would repeal Ordinance No. 2003-29 effective 30 days from its passage, approval and publication. At that time (i.e., approximately August 3, 2003), the ordinances would revert to their status immediately prior to passage of Ordinance No. 2003-29. From a practical standpoint, the only portion of Ordinance No. 2003-29 that would have to be implemented between the present and the effective date of the repealer ordinance would be the rate provisions that are to take effect on July 1, 2003. Under the filed rate doctrine, a municipal utility must charge whatever rates are applicable to customers at a particular time. See Housing Authority of King County v. Northwest Lake Washington Sewer and Water District, 56 Wn. App. 589 (Div. 1, 1990). However, as an administrative matter, in order to avoid making a set of rate changes at the beginning of July and then undoing the rate changes at the beginning of August, it would probably be acceptable for the City to use a deferral account to track rates applicable to , A LAW FIRM ( A LIMITED LIABILITY PARTNERSHIP INCLUDING OTHER LIMITED LIABILITY ENTITIES 925 FOURTH AVENUE SUITE 2900 SEATTLE, WA 98104.1158 TEL: (206) 623.7580 FAX: {206} 623-7022 WWW.PRESTONGATES.COM Anchorage Coeur d'Alene Hong Kong Orange County Portland San Francisco Seattle Spokane Washington, DC MEMORANDUM June 26, 2003 Page 2 different customer classes during July and August, and to collect the difference between current rates and July -August rates in conjunction with the City's next rate change. Repealer -Suspension Ordinance The second ordinance is similar to the first in that it would repeal Ordinance No. 2003-29 effective 30 days from publication. At that time (e.g. August 3, 2003), the ordinances would revert to their status immediately prior to passage of Ordinance No. 2003-29. However, if the Council did not enact other legislation relating to options for the water/irrigation system by the end of 2003, this ordinance would also re-enact the substance of Ordinance No. 2003-29 with an effective date of January 1, 2004. The Council might want to consider this ordinance if it wished to maintain the policies reflected in Ordinance No. 2003-29 as a default position or to limit the time period for further consideration. (Under the Acquavella settlement, water rights available at Nelson drop substantially 10 years from the Court's order approving the settlement, providing an incentive to complete construction on any rebuild option prior to that time.) Through this ordinance, the Council could use the next six months for further information gathering and evaluation, but if it decided it did not want to change the policy direction established by Ordinance No. 2003-29, it would not have to take any further action. As with the simple repealer ordinance, under the repealer -suspension ordinance, the new rates established by Ordinance No. 2003-29 would, as a legal matter, be effective from July 1 through August 3, 2003, but not from August 4 — December 31, 2003. Again, however, as an administrative matter, if the City wished to avoid multiple rate changes, the difference in rates due for the month of July could probably be tracked through a deferral account and later recovered from appropriate customer classes. ET:et cc: Richard A. Zais, Jr. Ray Paolella Dave Brown Dueane Calvin Nancy Neraas K:\25739\00027\ET\ET M21Y0