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HomeMy WebLinkAbout1997-063 Irrigation / Water Conservation / Water Rationing ORDINANCE NO. 97 -63 An Ordinance of the City of Yakima providing for the management and operation of the Irrigation System of the City; providing that all existing irrigation local improvement districts be placed on inactive status; providing for rates and charges for irrigation water service; establishing policies for the maintenance and operation of such system; providing for domestic water system connection charges; repealing Chapters 7.24 and 7.56; reenacting Chapters 7.24 and 7.56; adding Chapters 3.73 and 3.112; amending Chapter 7.50 and Section 7.78.020; and providing for related matters. WHEREAS, the City of Yakima, Washington ( "City ") now owns and operates an Irrigation System, hereinafter defined, the assets of which were acquired, constructed and installed through the formation of Irrigation Local Improvement Districts pursuant to RCW 35.92.260 ( "ILIDs "); and WHEREAS, maintaining water rights and promoting the best and highest use of natural resources compels maintenance of the irrigation canals and their associated delivery sytems; and WHEREAS, irrigated landscaping throughout the City provides aesthetic benefits; and WHEREAS, the absence of irrigated landscaping is a source of dust and fine particulate airborne particles which are a nuisance and a source of respiratory health problems; and WHEREAS, lawns and gardens, by virtue of their evaporative cooling, and trees, by virtue of their shade, promote energy conservation by reducing the need for air conditioning; and -1- WHEREAS, the City has a leadership position in the community of local water users; and WHEREAS, many portions of the system now require extensive reconstruction and improvement; and WHEREAS, the management and administration of such system through the mechanism of the existing ILIDs is inefficient, fragmented, and needlessly expensive; and WHEREAS, the City is authorized by RCW 35.92.010 to own, operate and maintain water supply and distribution systems to provide water for all purposes; and WHEREAS, the City is authorized by RCW Title 35 to provide financing'for water supply and distribution systems, and to establish rates, fees, and charges therefor; and WHEREAS, the City Council has determined that the rates, fees, and charges contained in this Ordinance are fair, just, and reasonable; and WHEREAS, after due investigation of the possible alternatives, due public notice, and the holding of a public hearing thereon, and after thorough consideration by the City Irrigation Committee, the City Council has determined that the best interests of the citizens of the City and the customers of the existing Irrigation System will, in the future, be served by managing and operating the irrigation water utility as a single water utility system which shall be separate and apart from any other utility system of the City; NOW, THEREFORE, BE IT ORDAINED BY THE CITY OF YAKIMA: -2- • Section 1. Chapter 3.73. is added to the Municipal Code, such new Chapter to read as follows: Chapter 3.73 IRRIGATION IMPROVEMENT FUND 3.73.010 Fund created — Purposes There is hereby created a special fund to be known as the Irrigation Improvement Fund. The purpose of such fund is to receive revenue from the Irrigation System and other sources, and pay for expenses of engineering services, land acquisition, and construction, and for other expenses incidental to the planning and construction of additions and improvements to, and new facilities for, the acquisition of irrigation water, its transmission, and distribution, all for the Irrigation System of the City of Yakima, as described in YMC Chapter 7.24 (as enacted pursuant to Section 4 of this Ordinance) . 3.73.020 Source of funds The Irrigation Improvement Fund shall consist of the following sources of revenue: (1) all moneys billed and collected pursuant to YMC Section 7.24.100 and identified therein as the Capital Improvement Project (CIP) charge; and (2) any other revenue, including but not limited to loans and grants, that may be directed by the Council. All sources of revenue for the Irrigation Improvement Fund shall first be deposited into the Irrigation Operating Fund described in YMC Chapter 3.112, and shall be transferred to the Irrigation Improvement Fund only at the direction of Council. 3.73.030 Expenditures from fund Expenditures from the Irrigation Improvement Fund shall be made only for the purposes specified in YMC Section 3.73.010., No expenditure shall be made from such fund unless the Yakima City Council shall approve such expenditure by -3- • passing an ordinance appropriating money within the fund for the purpose for which the expenditure is to be made, or by • including an appropriation for such purpose in the budget. Section 2. Chapter 3.112 is added to the Municipal Code, such new Chapter to read as follows: Chapter 3.112 IRRIGATION OPERATING FUND • 3.112.010 Fund created — Purpose There is created a special fund to be known as the Irrigation Operating Fund. The purpose of such fund is to receive revenue from the Irrigation System and other sources, and to pay all operating and maintenance costs incurred by the City in operating and maintaining the Irrigation System described in YMC Chapter 7.24 (as enacted pursuant to Section 4 of this Ordinance). 3.112.020 Source of funds The Irrigation Operating Fund shall consist of the following sources of revenue: (1) all revenue of the System; and (2) any other revenue that may be directed by the Council. All revenue of the System, and all other sources of revenue for either the Irrigation Improvement Fund (described in YMC Chapter 3.73) or the Irrigation Operating Fund (described in this Chapter), shall be deposited directly into the Irrigation Operating Fund. 3.112.030 Expenditures from fund Expenditures from the Irrigation Operating Fund shall be made only for the purpose specified in YMC Section 3.112.010. Expenditures shall be made from such fund only on the enactment by the City Council of an ordinance appropriating money within such fund for the purpose for which the expenditure is to be made, or by including an appropriation for such purpose in the budget. -4- Section 3. Chapter 7.24 of the Municipal Code is hereby repealed, effective January 1, 1998. Section 4. Effective January 1, 1998, Chapter 7.24 of the Municipal Code is hereby reenacted, such reenacted Chapter to read as follows: - i Chapter 7.24 IRRIGATION SYSTEM Part 1. Definitions 7.24.010 Definitions Unless the context specifically indicates otherwise, the meaning of terms in this Chapter shall be as follows: "City" shall mean the City of Yakima. "City Manager" shall mean the City Manager of the City of Yakima or his or her designee. "Customer Service Division" shall mean the division of customer service within the Department of Finance and Budget. "Customer Service Manager" shall mean the manager of the Customer Service Division. "Distribution Mains" mean those Irrigation System pipes used to convey Irrigation System water from Transmission Mains to Service Lines. "Distribution Main System" means a series of Distribution Mains extending from Transmission Mains. "Division" shall mean the Water /Irrigation Division of the City of Yakima. -5- "Division Manager" shall mean the manager of the Division, or his or her authorized agent. "Irrigation Improvement Fund" shall mean the Irrigation Improvement Fund described in YMC Chapter 3.73. "Irrigation Operating Fund" shall mean the Irrigation Operating Fund described in YMC Chapter 3.112. "Irrigation System," or "System" in a context so indicating, shall mean the waterworks and all other City - owned property used for the purposes described in YMC Section 7.24.030. "Irrigation System water" shall mean water conveyed through Irrigation System waterworks and used for the purpose of irrigation. "Irrigation Local Improvement Districts" or "ILIDs" shall mean those districts, listed on Exhibit A, attached hereto and incorporated herein by reference, created and operated pursuant to RCW 35.92.260; "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" shall mean that area served by the Irrigation System, and consisting of the various Service Area Subdistricts. "Service Area Subdistricts" or "Subdistricts" shall mean those areas designated on the map attached hereto as Exhibit B, which is incorporated herein by reference. -6- 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. "Service Lines" shall mean 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 24 inches or greater in diameter, and related conduits, used to transmit Irrigation System water to a Distribution Main System. "Waterworks" shall mean 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. Part 2. Purpose and Operation of the System 7.24.020 Irrigation System • The Irrigation System shall be maintained, operated, and administered by the City as a single irrigation water utility system. The System shall consist of the existing water rights, shares in water companies, water • transmission and distribution lines and canals, pipes, valves, pump stations, vehicles, equipment, and all irrigation water utility properties, rights and assets, -7- real or personal tangible and intangible now owned or operated by the City and used or useful in the supply and distribution of water through the System within or without the City. The System shall include all properties, rights, and assets real and personal, tangible and intangible hereafter constructed or acquired by the City as additions, betterments, improvements, or extensions to said System properties and declared by the City Council to be a part of the System. The System does not include any assets of the City that are a part of the domestic water system of the City, but includes all funds now held as operation and maintenance reserves for the existing ILIDs.; Provided, however, that such reserve funds shall be applied to no purpose other than the continued operation and maintenance of the System. 7.24.030 Purpose and general authority The Irrigation System shall be maintained and operated for the purpose of furnishing water for irrigation purposes. The City retains full power to regulate and control the use, distribution, and price of, as well as the charges for, the Irrigation System and Irrigation System water. 7.24.040 Management of the System The City Manager shall have full power to regulate the use, operation, and maintenance of the Irrigation System and Irrigation System water, including, but not limited to, the power to enforce this Chapter, control waterworks, and assess and collect the charges set forth in this Chapter. 7.24.050 Authority to impose conservation measures During periods of emergency, as determined by the City Council, when the Irrigation System has an -8- inadequate supply of water, the City Manager may require System customers to implement one or more of the following measures to reduce consumption of water: a) Alternate day limitations; b-) Time of day limitations; c) Proration; d) Limitation of uses; and /or e) Suspension of irrigation service. 7.24.060 Fiscal year The .fiscal yearr of the Irrigation System shall commence on the first day of January and end on the last day of December each year. 7.24.070 Bi- annual report to Council Not less often than every two years, the Division Manager shall report and make recommendations to the Council based on a review of Irrigation System rates and rate structures, compliance with bond covenants, compliance with policies relating to debt coverage ratios and the capital improvement program, the physical condition of the System, and compliance with state and federal law. Part 3. Irrigation Local Improvement Districts 7.24.080 Inactive status A. The existing ILIDs of the City shall be placed in inactive status effective January 1, 1998. As of that date, .annual assessments shall no longer be levied within the ILIDs for the payment of the expenses of maintenance, operation, rehabilitation, or reconstruction of the System until the ILIDs, or any of them, are again placed on active status by the City Council. Until such time, -9- , such expenses shall be funded through a schedule of rates and charges levied by the City. Be Notwithstanding Subsection A of this Section, upon failure of any person owning any property within the limits of any ILID to pay any assessment levied prior to January 1, 1998, the City Council may direct that the water be shut off and all water service withheld from any such person for use on his or her premises until said assessment(s) and any and all interest thereon and costs, charges, or penalties in connection therewith, are paid. 7.24.090 Assets All assets of the City providing irrigation water service are declared a part of the System pursuant to YMC Section 7.24.020. Funds and accounts receivable credited to the operation and maintenance account of each ILID shall be transferred to the Irrigation Operating Fund. It is hereby found and determined that, to the extent that such transfers are deemed transfers between departments, public improvements, undertakings, institutions, or public service industries of the City, such transfers are supported by full and fair value in the form of the commitment of the City, hereby made, to continue to provide water for irrigation purposes within the territory of the ILIDs for not less than two years and to apply such moneys to the continued maintenance and operation of the System. Part 4. Rates, Charges, and Billing 7.24.100 Annual rates and charges 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: -10- Operation and Maintenance ( "O &M ") charge = $ 0.0129 x TSF; and Capital Improvement Program ( "CIP ") charge = $0.0059 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. 7.24.110 Effective date for rates • The rates set forth in YMC Section 7.24.100 shall become effective on January 1, 1998 and shall remain in effect until amended by action of the City Council. 7.24.120 Maintenance of accounts All accounts shall be kept on the books of the Customer Service Division by the house and street number and under the account number assigned thereto and the name of the owner or of the customer. All bills and notices sent out by the Customer Service Division shall be sent to the house and street number of the property. If nonresident owners or agents desire personal notice sent to a different address, they shall file an application therefor with the Customer Service Division. Any error in address shall be promptly reported to the Customer Service Division. 7.24.130 Bi- monthly billing Effective January •1, 1998, a bill for each customer shall be generated every two months for Irrigation System rates and charges incurred during the preceding two -month period. For purposes of this bi- monthly billing, the annual rates and charges set forth in YMC Section 7.24.100 shall be divided into six (6) equal amounts. In the alternative, a bill may be rendered monthly, in -11- twelve (12) equal amounts. The bill shall be rendered as part of the bill for other services rendered by the City, such as domestic water, wastewater, and refuse collection All payments for Irrigation System rates and charges shall be due and payable to the office of the Director of Finance and Budget on or before the fourteenth day after the bill therefor is rendered. Part 5. Areas included in the System 7.24.140 Adding new areas to the Irrigation System It is intended that this ordinance serve in maintaining the existing irrigation infrastructure throughout the City, meeting the needs that additional ILIDs would have had to serve prior to the enactment of this ordinance. The City Council may approve additions to or extensions of the Service Area upon such terms and conditions as the Council may determine are appropriate. The City Manager may establish procedures and criteria relating to consideration of requests for such addition of areas. Areas with a clear need to maintain or re- establish irrigation infrastructure will be given priority. 7.24.150 City termination of Subdistrict Irrigation System service — conversion to domestic water system A. After all avenues for maintaining or re- establishing irrigation infrastructure have been duly pursued, the City Council may consider acting to permanently terminate Irrigation System service to a Service Area Subdistrict, and convert that Subdistrict's irrigation demand to the domestic water system. B. The Division Manager 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, the -12- Division Manager shall make a recommendation to the City Council regarding termination. The Division Manager's recommendation and 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. 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. 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 capacity of the domestic water system to accommodate the customer's irrigation demand; (ii) the availability of domestic system water rights to meet the customer's irrigation demand; (iii)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; (v) the effect of such conversion on the adequacy of flow to other Irrigation System customers; (vi) the penetration rate within the territory served by the Irrigation System; (vii)implications for the existing rate structure; -13- (viii)capital costs imposed by the proposed conversion; (ix) tax and related financial considerations; • (x) security for potential liabilities; (xi) 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; (xiii)implications of applicable governmental permits and authority; and (xiv)costs associated with evaluating the proposed conversion. No conversion shall be granted where the Division Manager determines either that sufficient capacity or water rights do not exist within the domestic system, or that 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. • -14- Part 6. Delinquency 7.24.170 Lien —Right to shut off domestic water service A. All domestic water service and /or irrigation water service may be suspended to any premises for which the irrigation water service charge remains unpaid for a period of twenty -one days after the due date, PROVIDED that no domestic water service or irrigation water service shall be suspended until a written notice has . been served upon or mailed to the customer, as least seven days prior to suspending service. Such notice shall state the date on which domestic water service and /or irrigation water service is to be suspended, the amount of delinquent charges, and that a customer may request in writing a hearing before the Customer Service Manager, or his or her designee, to contest the suspension, PROVIDED that such request is received by the Customer Service Manager or his or her designee before the suspension date set in the notice of suspension. B. Upon timely receipt of a request for a hearing, the Customer Service Manager or his or her designee shall conduct a hearing, and the customer requesting the hearing shall be notified in writing by the Customer Service Manager or his or her designee of the date, time and place of such hearing. Pending the outcome of such hearing, no domestic water service or irrigation water service to the customer's premises shall be suspended. C. In the event of a delinquency in the payment of charges for irrigation water service to any premises, the City may exercise its remedies pursuant to RCW 35.21.290- . .300, or other statutory authority, against such premises by discontinuing domestic water service and /or irrigation water service thereto, and such service shall not be reinstated until all delinquencies and unpaid charges -15- • against such premises for irrigation water service have been paid. Part 7. Connections to the system 7.24.180 Service lines The City may install a single Service Line from a Distribution Main to the property line, of sufficient size to supply two or more separate properties. The installation of Service Lines extending from a Distribution Main to the property line, together with the necessary labor and materials for such construction, shall be made by the Division, PROVIDED that, at the discretion of the Division Manager, Service Lines extending from a Distribution Main to the property line may be installed by private contractors according to Division Manager- approved plans and. specifications. 7.24.190 Ownership of extensions and Service Line A. The ownership of all Transmission Main and Distribution Main extensions, Service Lines, and appurtenant equipment maintained by the City shall be vested in the City, and in no case shall the owner of any property or premises have the right to claim or reclaim any part thereof. B. In case of privately owned waterworks and services, and where there is no responsible organization or individuals as owners of such waterworks and services, work done as an accommodation shall not place ownership in the City. 7.24.200 Plumbing regulations Any person desiring to connect property to the Irrigation System shall, before such connection may be made, first comply with all plumbing regulations of the - -16- City, including those contained in YMC Chapter 11.44. Any person desiring to make such a connection outside the City limits shall secure a permit as provided in YMC Chapter 11.44, and pay the fees therein provided and be subject to the inspection therein provided, the same as though said property were located within the City limits. No person shall hereafter connect property to the Irrigation System until such person has fully complied with all the provisions of this Chapter, and it shall be unlawful for the Division Manager to give any such person irrigation water service from the Irrigation System or to connect the plumbing of said person thereto, until this Chapter shall have been complied with by such person. At the time application is made to the Division Manager, such person shall present evidence demonstrating compliance with this Chapter. 7.24.210 Shut -off valve By April 1, 2001, the property owner shall install a shut -off valve or a stop and waste cock at his or her expense on the Service Line into each property served, PROVIDED that if., at any time, the Irrigation System water is shut off from any property that is not provided with a valve or a stop and waste cock or with one that is not in good condition, the property owner shall install, repair, or replace such valve or stop and waste cock before the water is turned on again. No branch pipe, bibb, or fixture of any kind shall be connected to the Service Line upstream of the location of the valve or stop and waste cock on the Service Line. The valve or stop and waste cock shall be: (a) installed and maintained by the property owner; (b) for his or her use in making extensions and repairs of the plumbing upon the property; and (c) accessible at all times. Where necessary, a suitable box and key shall be provided. • -17- 7.24.220 Persons debarred from doing plumbing work Plumbers or other persons failing to perform their work according to established rules and regulations or executing it unskillfully or to the damage of the City may be debarred temporarily or permanently from making connections or doing any work on fixtures or pipes connected with or leading from the City's Waterworks. 7.24.230 Service installation charges A service installation charge shall be determined by the Division Manager, based on his or her estimate of time and materials necessary for such installation. Payment of the bill for such charge shall be due to the - Customer Service Manager or his or her designee prior to the commencement of any work on such installation. 7.24.240 Deposit Service installation shall be subject to the requirements of YMC Chapter 7.50. Part 8. System maintenance and ancillary services 7.24.250 Access for service and repairs Employees of the Division properly. identified shall have free access at proper hours of the day, or when summoned by the appropriate owner or resident, to parts of property and premises necessary to inspect the condition of the Irrigation System waterworks and connections thereto, to service and repair the waterworks, and to inspect the manner in which Irrigation . System water is used. The property owner shall maintain rights of way clear of barriers to access. -18- 7.24.260 Interruption and resumption of service A. The City may at any time shut off Irrigation System water service for the purposes of making emergency repairs. B. Irrigation System service to any premises will be suspended on the telephonic or personal request of the customer made to the Division. Irrigation System service to such premises will be resumed on the request of the customer made in the same manner as the request for suspension of service. A shut -off fee of twenty -five dollars ($25) shall be charged to and collected from such customer pursuant to YMC Section 7.24.270. If a request for resumption of Irrigation System service is made by someone other than the customer who requested suspension of service, an application for Irrigation System service should be made in accordance with YMC Chapter 7.50. 7.24.270 'Fees Fees, if any, for services ancillary to but not included in the usual rates and charges for Irrigation System service, shall be assessed and collected from the customer on a subsequent bi- monthly bill. The Division Manager shall provide the customer with a notice of cost for all such requested services. The City Manager or his or her designee shall maintain a schedule of such fees and make the schedule available for public inspection. No fee shall be assessed for blowing out customer irrigation lines with compressed air. The City Manager shall revise the fees included on the fee schedule, and not dictated by this Chapter, every two years. -19- Part 9. Prohibitions 7.24.280 Using Irrigation System water for potable or drinking purposes Water from the Irrigation System shall be used exclusively for irrigation purposes. Under no circumstances may any person use Irrigation System water for human consumption. Water.for human consumption is available through the City as provided in YMC Chapter 7.68. 7.24.290 Waste It is unlawful for any person to waste Irrigation System water willfully. Waste shall be determined by the Division Manager through reference to the actual need for irrigation water on the premises and the methods of use, delivery, and application of Irrigation System water by others in the vicinity. The Division Manager shall issue a notice of determination of waste to the property owner by registered mail to the billing address. The property owner shall have fourteen (14) days (excluding Sundays and legal holidays) from the date of mailing of such notice to terminate the waste. Within 180 days of the effective date of this ordinance, the Division Manager shall make a recommendation to the Council regarding standards for the determination of waste. 7.24.300 Altering or interfering with waterworks It is unlawful for any person to interfere in any way with any portion of the waterworks. Interference includes, but is not limited to, cutting, breaking, filling up, obstructing, defacing or otherwise tampering or damaging portions of the waterworks, obstructing the flow of irrigation water through the waterworks, or diverting or drawing water from the waterworks without the consent of the City Manager. -20- 7.24.310 Penalties • Any person, firm, or corporation violating any of the provisions of this YMC Sections 7.24.280, 7.24.290, or 7.24.300 shall, upon conviction thereof, be punished by a fine of not exceeding three hundred dollars ($300.00) or-by imprisonment in the City jail for a period not exceeding ninety (90) days, or by both such fine and imprisonment, PROVIDED, however, that no person shall be convicted of violating YMC Section 7.24.290 unless that person has first received notice of the waste from the Division Manager and, after having a reasonable opportunity to terminate such waste, has not terminated such waste. Section 5. Chapter 7.50 of the Municipal Code is hereby amended to read as follows: 7.50.010 Application for utility service. A. Domestic water, irrigation water, sanitary sewer and refuse service furnished by the city of Yakima are not deemed by the city of Yakima to be a customer's right or entitlement. B. Application for domestic water, irrigation water, sanitary sewer and refuse service, or any combination of services, shall be made to the division of utility accounting of the department of finance and budget by the owner of the premises to be served, his duly authorized agent, or by a tenant or occupant of the premises to be served. Such application shall be made in person or by letter. 7.50.020 Deposits. A. Deposits Required. At the time of application for utility service the director of the department of -21- finance and budget, hereafter called director, or his designee shall require an applicant for domestic water service, irrigation water, sanitary sewer service, refuse service or any single or combination of these services, who is someone other than the owner of the premises to be served, to deposit with the city of Yakima an amount of money to be held as security for the payment of all bills and claims for such utility service. Such deposit shall be an amount equivalent to a four -month domestic water, irrigation water, sanitary sewer and refuse service charge at the premises based upon an average of the preceding twelve months. An applicant, other than the owner of the premises to be served, shall make a deposit or satisfy the credit policy described in subsection B of this section before utility service will be furnished. The city may disconnect the customer's domestic water service for failure to pay a deposit when required pursuant to subsection C of this section. B. Deposit Criteria. An applicant, who is someone other than the owner of the premises to be served shall make a money deposit with the city whenever the director or his designee determines there is a possibility of financial risk to the city through an extension of utility services. Such determination shall be made based upon the financial status or utility service record of a non -owner applicant and shall be based upon the following criteria: 1. The applicant had prior utility service with the city of Yakima during the previous twenty - four consecutive months and for at least twelve months during which service was rendered the applicant received no more than one suspension notice; or -22- 2. The applicant gives to the director or his designee_ written proof of utility service in another jurisdiction for the same period as required in subsection B1 of this section with proof of a satisfactory payment record of the same level as required in subsection B1 of this section for the same twelve month period. The director or his designee may temporarily commence water service pending payment of a deposit or verification of deposit criteria. C. Customer Deposits. A customer, other than the owner of the premises served, shall pay a deposit as provided in this section when the customer's water service has been disconnected for nonpayment twice in any twelve -month period; or the customer has filed for bankruptcy so as to have required the city of Yakima to file its proof of claim for utility services, except for Chapter 13 wage earner plans. D. Customer Hearing. At least ten days prior to the termination of a customer's utility service for failure to pay a deposit where service has been established, the customer service manager or his designee shall mail a written notice to the customer at his mailing address shown on his application for utility service informing him of the date of termination of service, the reasons therefor and his right to a hearing before the customer service manager or his designee prior to such termination of utility service, in the even such acustomer makes a request for hearing prior to the actual termination of utility service, the customer service manager or his designee shall conduct a hearing and notify the appellant, in writing, of the time, date, and place of such hearing. Pending the outcome of such hearing, utility service shall not be suspended. The -23- customer service manager or his designee may hold the hearing as provided herein at the same time as the hearing provided in Section 7.68.025 of the city of Yakima Municipal Code. E. Deposits In Interest Accounts. The director shall place all deposits in an interest - bearing account. A final bill for domestic water service, irrigation water service, sanitary sewer service, and /or refuse service, as the case may be, shall be deducted from such deposit and any surplus, plus six percent simple interest upon the original deposit amount from the date the deposit was received by the city, shall be paid to the customer. F. Refund of Deposit. A customer who has paid a deposit shall be entitled to a refund of such deposit, plus six percent simple interest from the date the deposit was received by the city, under the following circumstances. 1. The customer makes a written request to the customer services manager or his designee; 2. The customer proved his identity to the satisfaction of the customer services manager or his designee; and 3. The customer has achieved a twelve consecutive month or longer utility service history at the premises for which the deposit was made and during the previous twelve -month period he has received no more than one delinquency notice concerning which utility service was and terminated. Section 6. Chapter 7.56 of the Municipal Code is hereby repealed. -24- Section 7. Chapter 7.56 of the Municipal Code is hereby reenacted, such reenacted Chapter to read as follows: Chapter 7.56. DOMESTIC WATER SYSTEM CONNECTION CHARGE 7.56.010 Purpose of Chapter The purpose of this Chapter is to allocate an equitable share of the cost of the existing domestic water system ( "equitable share "), and a reasonable estimate of the actual cost of connection (including costs associated with expanding the domestic water system) ( "actual cost "), to persons who connect lots or facilities to the domestic water system. This Chapter recognizes that using the domestic water system 'for irrigation purposes imposes capacity - related costs on the domestic system in addition to those imposed by using the domestic water system solely for domestic purposes. 7.56.020 Definitions Unless the context specifically indicates otherwise, the meaning of terms in this Chapter shall be as follows: 1. "Domestic water" shall mean water conveyed by the domestic water system. 2. "Domestic water system" shall mean that system of publicly -owned waterworks that is the subject of YMC Chapter 7.68. 3. "Domestic water treatment plant" shall mean that portion of the domestic water system used for treatment of domestic water. 4. "Distribution mains" shall mean those domestic water system pipes used to convey domestic water from transmission mains to service lines. -25 5. " Distribution main system" shall mean a series of distribution mains extending from transmission mains. 6. "Division Manager" shall mean the manager of the Water /Irrigation Division of the City, or his or her • authorized agent. 7: "Irrigation system" shall mean the waterworks and all other City -owned property used for the purposes described in YMC Section 7.24.020 (as reenacted by Section 4 of this Ordinance). 8. "Irrigation system water" shall mean water conveyed through irrigation system waterworks and used for the purpose of irrigation. 9. "Lot" shall have the same meaning as in YMC Chapter 15.02. 10. "Lot area" shall have the_same meaning as in YMC Chapter 15.02. 11. "Parcel" shall have the same meaning as "lot." 12. "Parcel area" shall-have the same meaning as "lot area." 13. "Service lines" shall mean the pipes that extend from the Distribution Mains to the individual properties to be served. 14. "SFD" or "single- family dwelling" shall each have the same meaning as "dwelling, single- family" or "single- family dwelling" in YMC Chapter 15.02. 15.. "Transmission mains" shall mean those domestic water system pipes 24 inches or greater in diameter,•and related conduits, used to receive domestic water from the domestic • -26- • • water treatment plant and transmit it to a distribution main system. 16. "Water meter size" shall be determined by reference to the criteria in the American Water Works Association Standards. 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 7.24.150. 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), 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 Section 7.24.160. 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 classes of connections subject to such a charge: -27- Connection Class Charge(s) 1. New domestic water system connection where the lot or facility is also connected to an irrigation system, and for which water from the domestic water Domestic Charge system will therefore be drawn for domestic purposes only: 2. New domestic water system connection where the lot or facility is not connected to an irrigation system or for which irrigation system water service is Domestic Charge + unavailable, and for which water Base Irrigation from the domestic water system Charge will therefore be drawn for both domestic and irrigation purposes: 3. New domestic water system Charge Established by connection made pursuant to YMC Council, Not to Section 7.78.020: Exceed Base Irrigation Charge 4. Existing domestic water system connection where the lot or facility owner requests Base Irrigation termination of irrigation system • Charge water service pursuant to YMC Section 7.24.160: where: -28- "Domestic Charge" is a charge calculated pursuant to YMC Section 7.56.050; "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: 1. City Services Charge in the amount of six percent (6%) assessed on the applicable charge or the sum of the applicable charges; 2. Engineering Charge in the amount of $25.00 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 this ordinance 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 -29- City Council. Such amendments shall become effective no earlier than 30 days after publication. 7.56.050 Domestic Charge The Domestic Charge shall include both an equitable share of the cost of the existing facilities related to the supply, treatment, transmission, storage and pumping of domestic water and a reasonable estimate of the actual cost of connection of domestic water demand to the domestic water system (including costs associated with expanding the system). The amount of this charge is a function of the amount of water flowing to the facility to be connected, and shall be determined pursuant either to Subsection (A) or Subsection (B) of this Section. A. The Domestic charge shall be determined by the size of the water meter to be installed. The Domestic Charge for a particular facility shall be determined by reference to the following chart: Meter Size Domestic Charge 3/4" $474 1" $790 1.5" $1,580 2" $2,528 3" $4,740 4" $7,900 The Domestic Charge for water meter sizes not listed above shall be established by the Division Manager based upon the same methodology and data as the charges listed above. B. For any facility to be served by a water meter that is larger than 4 inches in diameter, the Division Manager shall calculate a recommended Domestic Charge -30- pursuant to this Subsection (B). The recommended Domestic Charge shall be calculated according to the methodology employed to calculate the rates listed in Subsection (A). The Division Manager shall forward the recommended Domestic Charge to the City Council. The Council shall establish the Domestic Charge for the facility. 7.56.060 Base Irrigation Charge The base irrigation charge includes both an equitable share of the cost of the existing domestic water system and a reasonable estimate of the actual cost of connection of irrigation demand to the domestic water system (including costs associated with expanding the system). This charge is a function of the size of the lot to be connected. The base irrigation charge shall be determined by multiplying the lot area (measured in square feet (sf)) by a rate of $0.09 /sf. 7.56.070 Charge Established by Council If the City Council approves a transfer from a private domestic water supply to the domestic water system pursuant to YMC Section 7.78.020, whether pursuant to an individual application or to a contract with a private domestic water supply company, the Council may modify the charge for the resulting connection. In no event shall this modification result in a charge greater than the amount that would otherwise apply to the lot or facility by direct application of YMC Section 7.56.040. 7.56.080 Time of payments- -Lien. A. The applicable water connection charges shall be paid in full at or before the time a building permit is obtained, provided, however, that in the case of termination of irrigation system service to an existing domestic water system customer, any charge for connection -31- of that customer's irrigation demand to the domestic system shall be paid at or before the time of such termination. B. 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. 7.56.090 Recalculation of Charges A. Improvement, change in use. In the event any facility, lot, tract, or parcel is improved, or the use thereof is changed or intensified so as to increase the number or size of water meter(s), then the amount of the connection charge is subject to recalculation and . increase according to YMC Section 7.56.040. Credit shall be allowed for the size of any existing meter(s) removed by virtue of this change or intensification, 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 YMC Section 7.56.080. B. Additional subdivision of lots. At such time that any existing lot connected to the domestic water system is subdivided, a domestic water 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 water meter size is involved. Any additional charges due as a result of subdivision shall be determined as set forth in paragraph A of this • Section. -32- 7.56.100 Money to be credited to domestic water operating fund. All moneys collected pursuant to this Chapter shall be paid into and credited to the water operating fund as provided in YMC Chapter 3.100. Section 8. Section 7.78.020 of the Municipal Code is hereby amended to read as follows: 7.78.020 Transfer of water service authorized. Any domestic water consumer served by a private domestic water supply company may discontinue such private domestic water service and connect to and be served by the city of Yakima domestic water system upon the approval, by resolution of the city council, of an application to the manager of the Water /Irrigation Division of the City, or his or her authorized agent, by the owner of the property served, for the transfer of service. The manager of the Water /Irrigation Division shall forward the application for transfer of service to the city council with a recommendation regarding the application. The city council may authorize the execution of a contract, or contracts, with any private domestic water supply company providing for transfer of service to domestic water consumers within an area or along routes specified in such contract. The city council's approval of such transfer of service, whether pursuant to individual application or to a contract with a private domestic water supply company, may be conditional and subject to requirements which the city council may specify in any particular instance, and may be approved by the city council either with or without a requirement that the consumer pay a connection charge pursuant to YMC Section 7.56.070, notwithstanding this code or any ordinance of the ' city of Yakima which may otherwise require such fees to be paid. • -33- Section 9. . The provisions 'of this ordinance are severable, and if any provision of this ordinance, or the application of any provision of this ordinance to any circumstance, is held invalid, . the application of such provision to other circumstances, and the remainder of this ordinance, shall not be affected thereby. Section 10. This ordinance shall be effective thirty (30) days after its adoption and publication as provided by law. PASSED BY THE CITY COUNCIL, signed and approved this 21st day of October , 1997. CITY OF YAKIMA, WASHINGTON. B/ / . nn Buchanan, Mayor ATTEST: 1?._& - Karen Roberts, City Clerk Publication Date: 10 -24-97 Effective Date: 11 -23-97 • -34- CERTIFICATE I, the undersigned, clerk of the City of Yakima, Washington (the "City ") and keeper of the records of the City Council (the "Council ") DO HEREBY CERTIFY: 1. That the attached ordinance is a true and correct copy of Ordinance No. 97 -63' of the Council (hereinafter called the "Ordinance "), duly passed at a regular meeting thereof held on the 21st day of October , 1997. 2.. That said meeting was duly convened and held in all respects in accordance with law, and to the extent required by law, due and proper notice of such meeting was given; that a legal quorum was present throughout the meeting and a legally sufficient number of members of the Council voted in the proper manner for passage of said Ordinance; that all other requirements and proceedings incident to the proper passage of said Ordinance have been duly fulfilled, carried out and otherwise'observed; and that I am authorized to execute this certificate. • IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal of the City this 21st day of October 1997. • • Karen Roberts, City Clerk • • • -35- . • Exhibit A List of Irrigation Local Improvement Districts. Dist. 661 Fruitvale No. District Name 664 Lenox 666 Arlington 98 Larson Lots 688 Englewood 253 MaClaren 689 North 4th Street . 259 Capitol Hill 692 Lincoln Heights 279 Nob Hill 712 Jefferson 308 General 715 South Glenn Drive 342 Loma Vista 717 33rd Avenue 371 Hillcrest 748 28th Avenue South 375 Hiilcrest Sub 758 Park Lane 378 Buena Vista 793 23rd Avenue South 395 West Yakima 795 28th Avenue South 450 19th Avenue Sot 799 37th Avenue South 454 Bonnie Doone 817 Clinton Way 503 Washington St 822 Glenview 508 Lundy Land 837 King Street 510 Park Avenue 842 Chestnut Park 512 10th Avenue 851 Rolling Green 521 Walker 852 36th Avenue South 527 30th Avenue 857 Swan Tracts 528 Leamings 858 29th Avenue South 529 9th Avenue South 861 24th Avenue South 530 Broadway 996 Richey Road 531 Johnsons 534 West Chestnut 538 26th Avenue 542 Pitcher St 556 Chase Hill 563 Ridgeview 567 Glenn Drive 572 8th Avenue So 579 W. Chestnut 585 Mayfair 594 Lawsons 600 Grandview /Summitview 601 25th Avenue South 616 Central Park 618 Bracked Park 621 North Hillcrest 624 Deatley Park Dist. No. District Name 650 Browne Avenue 658 West Walnut -36- • Exhibit B Map of Subdistricts. -37- 4 410 BUSINESS OF THE CITY COUNCIL YAKIMA, WASHINGTON AGENDA STATEMENT Item No. For Meeting of October 21, 1997 ITEM TITLE: An Ordinance to Create and Implement an Irrigation Utility. The ordinance will bring about the consolidation all of the Irrigation Assessment Districts currently operated by the City into to a single irrigation utility, transfer all assets and liabilities of the LIDs to the Utility, create an Operation and Maintenance Fund, set the rate for charges for the Operation and Maintenance Program, create an Capital Improvement Fund, and set the rate for charges for the Capital Improvement Program. SUBMITTED BY: Dueane Calvin, Water /Irrigation Manager Glenn Rice, Assistant City Manager John Hanson, Director of Finance and Budget CONTACT PERSON /TELEPHONE: Dueane Calvin 576 -6480 410 SUMMARY EXPLANATION: Preparation and development of this ordinance was initiated in 1995 when the Washington Legislature enacted legislation which permitted the City of Yakima to consolidate its Irrigation Assessment Districts into fewer systems and to collect funds for the creation of a Capital Improvement Program. In 1996 the Council established a Council Committee to study and evaluate the irrigation system problems of the City. Council extended an invitation to various members of the community to participate in the study process with them. That study process, spanning almost two years, brought forward several recommendations to Council at the Irrigation Assessment Rate hearing in April of 1997. . . . . continued . . . . Resolution _ Ordinance _ Contract _ Other (Specify) Funding Source APPROVED FOR SUBMITTAL: City Manager STAFF RECOMMENDATION: Pass ordinance at October 21, 1997 Council meeting. 4110 COUNCIL ACTION: First, was the recommendation to consolidate the LIDs into a single utility, and second was the recommendation that a Capital Improvement Program be established along with a rate to generate the funding necessary to pay for reconstruction of the irrigation mains and distribution system. Originally it was recommended that the funding of the Capital Improvement Program be accomplished by collecting $50 per account from the 10,688 irrigation customers. However, upon further consideration it was deemed more practical to collect the funds ($534,400 equals $50 times the 10,688 accounts) by assessing each parcel by the historically accepted per square foot method. This rate was then calculated to be $0.0059 per square foot ($534,400 divided by 90,576,271 square feet). Council acted on these recommendation and directed that legislation be prepared to implement the irrigation utility effective January 1, 1998. Staff and legal Counsel in concert with the Council /Citizen . Irrigation Study Committee have developed that legislation, and today have placed it before you for your consideration and adoption. 4 110 410 • .. • - - TRANSMITTAL to October 14, 1997 • TO: Honorable Mayor, Members of City Council and City Manager FROM: Dueane, Calvin, Water /Irrigation Manager Glenn Rice, Assistant City Manager r, John Hanson, Director of Finance and Budget SUBJECT: Transmittal of Recommended Irrigation Ordinance This memorandum transmits the recommended form of the proposed Irrigation Ordinance for Councils consideration, and adoption. There are several changes that have been made to this document as a result of the study session with Council on October 7, 1998, and those changes are summarized below. Section 3.73.020 - Source of Funds (Irrigation Improvement Fund), and Section 3.112.020 Source of Funds (Irrigation Operation Fund), and Section 7.24.100 Annual rates and charges have been reworded to more clearly reflect the follow - • The only funds earmarked for the Improvement Fund are the CIP component of the charge (7.24.100) and anyy other funds (such as grants and loans) that the Council might direct for the Improvement Fund . 0 • All other system revenues remain earmarked for the Operating Fund, either explicitly (as in the O &M component of the charge (7.24.100) or as a default. • All funds, whether ultimately destined for the Improvement or Operating Fund, are to be deposited first into the Operating Fund. • Funds are to be transferred from the Operating to the Improvement Fund only at the direction of Council. Section 7.24.210 - Shut -off Valve has been reworded so that the owner installed shut- off valves are recommended, in -lieu of the owner frequently being charged the $25 shut -off charge for the City to shut- off service for repairs now specified in Section 7.24.260 - Interruption and resumption of service. Section 7.24.280 - Using Irrigation System water for potable or drinking purposes has been reworded as follows: Water from the Irrigation System shall be used exclusively for irrigation purposes. Under no circumstances may anv person use Irrigation System water for human consumption. Water for human consumption is available through the City as provided in YMC Chapter 7.68. , ® . Councilman Barnett asked what parameters are to be used for the definition of waste in Section 7.24.290. . .o Section 7.24.290 - Waste has been reworded and now includes reference to the Washington Irrigation Guide which can be used to establish a basis for what constitutes waste. This guide is accepted throughout the irrigation industry as being reputable, even to the point that it has been utilized for determinations of water needs in the Acquavella proceedings. Changes /additions are underlined in the following paragraph: "It Is unlawful for any person to waste Irrigation System water after receiving notice of and an opportunity to terminate such waste. Waste shall be determined by reference to the actual need for irrigation water on the premises and the methods of use, delivery, and application of Irrigation System water by others in the vicinity. The basis for determination of actual need for irrigation water shall be 'Washington Irrigation Guide- WA2110VIWAIG, as amended November 1. 1990', compiled by Washington State University and the US Department of Agriculture. Councilman Barnett stated that he has a great deal of concern with the proposed ordinance (Section 7.24.150) if customers have to pay a connection fee when Council requires that the conversion take place. Several other Councilmen expressed similar concerns with this concept. Section 7.24.150, A - City termination of Subdistrict Irrigation System service — conversion to domestic water system has been rewritten so that there is no connection charge unless Council elects to establish such a charge. • " the Council may consider acting to permanently terminate Irrigation System service to a Service Area Subdistrict, convert that Subdistrict's irrigation demand to the domestic water system and at it's discretion and pursuant to YMC Chapter 7.56 070, may establish a connection charge for customers within that Subdistrict " Councilman Barnett expressed concern that the Water Tax Charge defined in Section 7.56.040,A(3) as written, would be inappropriately applied to the accumulative total of charges, due to the inclusion of the City Service Charge set forth in Section 7.56.040,A(1). Section 7.24.310 Penalties Councilman Barnett expressed a concern about fining and /or incarcerating people for a delinquent irrigation bill. We wish to makeit clear that no person will be fined and /or incarcerated for delinquent irrigation bills. Delinquent accounts may, have•all water shut off to the premises and /or have a lien filed as provided for in Section 7.24.170. The Penalties (7.24.310) Section only applies to Sections 7.24.280 (Using Irrigation System water for potable or drinking purposes), 7.24.290 (Waste) and 7.24.300 (Mitering or interfering with waterworks). 411 d • Section 7.56.040,A(3) Water Tax has been modified to read as follows: "Water Tax pursuant to YMC Chapter 7.64, and any other applicable tax, shall be assessed on the sum of all charges, except the City Services Charge and the Engineering Charge." The above listed changes reflects what is believed to be the last bit of fine tuning of the proposed ordinance, and it is therefore being transmitted to Council for consideration and adoption. • • • •