HomeMy WebLinkAboutR-2004-181 2004 Wastewater Connection Charge StudyRESOLUTION NO. R-2004- 181
A RESOLUTION Adopting the 2004 Wastewater Connection Charge Study as revised, for the City
of Yakima, Washington
WHEREAS, a financing plan is one element necessary under RCW 36.70A.070(3) to provide for
the wastewater needs of the area for the health, safety and well being of the people, as well as complying
with State and Federal environmental laws and regulations; and
WHEREAS, the City of Yakima is required to identify the financial plan necessary to implement
the projected growth capital needs of its wastewater service area and this is accomplished in the attached
document titled "2004 Wastewater Connection Charge Study", hereafter known as the "Study"; and
WHEREAS, The City of Yakima is authorized to acquire, operate, manage and fix the price for service
from a system of sewerage under RCW 35.67.020, RCW 35.92.020 and Article IX of the Charter of the
City of Yakima; and
WHEREAS, members of the City Council, through deliberation, have suggested changes in and
additions to such Study all of which are incorporated into such Study and Attachments as are adopted by
this Resolution; and
WHEREAS, staff will continue to work with members of the business and development community
to explore alternative policies and methods of payment.
WHEREAS, the City Council finds and determines that adoption of the Study will promote the
goals of the Growth Management Act, RCW Chapter 36.70A, that the conclusions of the Study are fair,
just and reasonable, and that adoption of the Study will serve the public interest; now therefore
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF YAKIMA:
1. The document entitled "2004 Wastewater Connection Charge Study", a true copy of which
Study and Attachments are on file in the City Clerk's Office and are incorporated by reference herein, is
hereby adopted by the City of Yakima.
2. The policies recommended by such Study are hereby adopted by the City of Yakima,
including without limitation the following policy regarding reimbursable agreements. Wastewater
Reimbursable Agreements are limited to projects that, as determined by the Wastewater Manager, build
infrastructure that conforms to the Wastewater Comprehensive Plan. The terms and conditions for all
Reimbursable Agreements must be established prior to the construction of a project.
ADOPTED BY THE CITY COUNCIL this 16th y of Nemj2004
teY"
Paul P. George, Mayo
ATTEST:
City Clerk
BUSINESS OF THE CITY COUNCIL
YAKIMA, WASHINGTON
AGENDA STATEMENT
Item No. / 7
For Meeting Of November 16, 2004
11'EM TIl'LE: Consideration of Resolution Adopting 2004 Wastewater Connection
Charge Study and of Ordinance Revising Wastewater Connection Rates
and Charges.
SUBMI FIEll BY: Dick Zais, City Manager
Glenn Rice, ACM
Doug Mayo, Wastewater Division Manager
CONTAC1 PERSON/ LH .FPHONE: Doug Mayo/ 575-6077
SUMMARY EXPLANATION:
A report entitled 1997 Wastewater Connection Charge Study dated May 20, 1997, proposed that
the then existing Capital Cost Recovery Charge (CCRC) and Sewer Connection Charge (SCC)
be updated and combined into a single Wastewater Connection Charge (WCC). The 1997
Study was adopted by resolution R-97-83. Ordinance 97-38 was enacted setting related WCC
rates and policies. Although rates have been periodically adjusted due to cost increases, there
has been no comprehensive review of the rates and policies since the 1997 Study.
(...continued...)
Resolution X Ordinance X Contract _Other (Specify) 2004 Wastewater Connection
Charge Study.
Funding Source Revenues from this program are directed to the wastewater operating
fund (473). From there they are allocated to either the wastewater collection system project
fund (476) or the wastewater facilities project fund (478)
APPROVED FOR SUBMITTAL:
City Manager
STAFF RECOMMENDATION:
Staff respectfully requests that the City Council:
1) adopt, by attached resolution, the 2004 Wastewater Connection Charge Study; and
2) approve the attached ordinance revising the wastewater connection rates and charges.
BOARD/ COMMISSION RECOMMENDATION:
COUNCIL ACTION:
(A) Resolution adopted. RESOLUTION NO. R-2004-181
(B) Ordinance passed. ORDINANCE NO. 2004-69
(...continued. from front page...)
Review of the 1997 Study and current rate structure identified several reasons why an updated
otuuy is 1 y a1LLA uauuL.u.
• The recently completed 2004 Wastewater Facility Plan (Plan) provides updated
information anticipated customer Orowth and growth-related system expenses;
11LLV111LaL1Vll on both �..1Vu��.K growth �+. b�� system ----
• A recent ruling of the State Supreme Court has assisted clarifying the future of the
growth of Wastewater service within the Yakima Urban Growth Area. The 1997
analysis must be modified to reflect recent annexations which have shifted the burden
of some infrastructure, due to growth, from Outside City (Zone 2) to Inside City (Zone
1) future customers; and
• The existing rate structure does not adequately assess the economic impact on the
capacity of the wastewater system from connection of non-residential domestic or non-
domestic customers in relation to the amount or strength of the wastewater they
discharge.
® The existing rate structures for the Trunkage and Collection Elements are related only
to parcel size. An allocation of some of the cost responsibility to flow is justifiable.
City Council recently adopted the mandated 2004 Wastewater Facility Plan. This Plan identifies
the capital and operations and maintenance requirements of the wastewater system to serve
the area historically served by the City, including anticipated growth, for the next 20 years.
The Plan further allocates anticipated capital expenses into categories driven by regulations,
renewal/ safety, or growth. The growth element is further divided by the growth anticipated
within the Yakima Urban Area, as established in 1976, and growth anticipated outside of this
boundary but inside the Yakima Urban Reserve. However, it should be noted that neither the
, of 1 �.,.. any.ter-1...,....,,...,,,,� of L.;., report
development a connection charge within this report nor other aspect this
constitutes a representation that the City will allow connections from any area. Council
policies outside the scope of this report govern authorization to connect.
Under current City policy, those costs for capital improvements that are driven by regulations
and renewal / safety are included in the monthly service charges. Costs caused by growth are
allocated to the new customers through the Wastewater Connection Charge.
In summary, items reviewed which affected revisions in the attached report and rate
ordinance included:
1) updated projection of anticipated facility loading based upon 2004 Wastewater Facility Plan;
2) updated projection of future connected area based upon adopted City Comprehensive Plan;
3) updated City's Equity portion of historic Cost;
4) revised capacity of existing treatment facility per 2004 Wastewater Facility Plan;
5) updated future "Treatment" expense due to NPDES mandates and 2004 Wastewater Facility
Plan requirements;
6) re-allocation between zones of future and existing trunks due to most recent annexations;
7) update of connected acreage per current infoifnation;
8) allocation of Trunkage and Collection costs to flow; and
9) development of appropriate cost for units of hydraulic, biochemical oxygen demand and
total suspended solids.
HISTORY:
The 1987 Comprehensive Plan for Sewerage System recognized the inadequacy of the existing
Capital Cost Recovery Charge. That report recommended that 1) the charge be extended to
"all properties connecting to the sewer system", and 2) the rate be adjusted to accommodate
trunk sewer construction to future sub basins. Neither of these recommendations was acted
on at that time.
The adopted 1994 Cost of Service and Rate Study proposed and, subsequent to Council
approval in December of 1994, implemented a rate setting philosophy, which reduced existing
City Retail customer subsidies of other user classes. This updated study continues that
philosophy by assigning, where appropriate, the capital costs of necessary system growth to
new customers.
The Wastewater Connection Charge Ordinance (#97-38), approved in June of 1997,
consolidated the existing Capital Cost Recovery Charge (CCRC) and Sewer Connection
Charge systems codified in the Yakima Municipal Code into a single connection charge based
on 1) the volume of wastewater estimated to be generated by a new connection, and 2) the
area of the lot connecting the wastewater system. Rates were established for each of three
geographical zones.
The intent of Ordinance #97-38 was to ensure that new customers shoulder a more equitable
share of the cost of the system and reduce City retail customers' current and future subsidy
burden. Those revenues not sufficiently recovered from a connection charge program will
ultimately come from another source -- monthly City user rates. City Retail ratepayers had
historically borne the burden of the financial under -performance of the past CCRC and
Connection Charge systems.
Current City policy directs that there be minimal subsidy of future growth by the citizens of
Yakima. While we pursue funding for capital needs, these sources are very limited and uses
restricted. Accordingly, growth must pay for itself.
NOl'E: The recent annexations shifted the burden of considerable new infrastructure
demand (trunks/interceptors and collection pipes) from Zone 2 to Zone 1. This is reflected in
the significant increase in Zone 1 rates.
Proposed Policy Issue Revisions:
1) Method of Assessment
Currently, charges for the Trunkage and Collection elements of the WCC are based only upon
parcel size (Method A). It has been suggested that these rates be assessed on flow (Method B).
The Study recommends a 50%-50% compromise (Method C).
2) Allocation of Cost of Growth
Current City policy directs that there be minimal, if any, subsidy of future growth by the
existing wastewater ratepayers of Yakima; Growth pays for Growth.
3) Domestic Strength Accounts
Under ti Ls current rate O1 t11 tai ice, \.... J1u Lec o1L Charges are established by 11LC average amount
tt
of flow discharged by the size of a facility's water meter. The Study recommends an initial
WCC should be developed for each new non-residential account discharging only domestic
wastewater based upon anticipated flow from that account. Such initial charge should be
subject to adjustment and final payment after a "prove -up" period. Each discharger would be
authorized to discharge only up to the flow reflected by its charge. The customer may obtain
additional discharge authority through payment of additional connection fees and complying
with any applicable requirements for facility expansion.
4) Non -Domestic Strength Accounts
Under the current rate Ordinance, Connection Charges for non-domestic (commercial)
accounts are established the average amount of flow discharged by a water meter the size of a
facility's. The Study recommends that the WCC be based upon both the actual amount of flow
from each account and the strength of this discharge. In this way, connection charges will
more fairly reflect the actual impact on the treatment system. In addition to the Trunk and
Collection components, a business' charge would include historical cost and future cost
components for the Treatment Facility for the following constituents:
A) Hydraulic Flow
B) Biochemical Oxygen Demand (BOD)
C) Total Suspended Solids (TSS)
The initial charge would be calculated and collected, subject to adjiustment and final payment
after a "prove -up" period. Each discharger would be authorized to discharge only up to the
amount of each constituent reflected in its charge. The customer may seek additional
discharge authority through payment of additional connection fees and compliance with any
applicable requirements for facility expansion.
5) Reimbursable Agreements
The Study recommends that the City adopt a policy limiting Wastewater Reimbursable
Agreements to projects that, as determined by the Wastewater Manager, build infrastructure
that conforms to the Wastewater Comprehensive Plan. The Study further recommends that
only the cost of infrastructure that is in excess of that required for the development be eligible
for consideration under a Reimbursable Agreement. Limiting potential reimbursement to the
cost of excess capacity is reasonable because the developer remains responsible for costs that
must be incurred in order for the development to obtain sewer service, but the developer has
the potential to be reimbursed for installing capacity that is greater that what was required for
that particular development. The Study further recommends that the City adopt a policy that
requires terms and conditions for all future Reimbursable Agreements to be established prior
to the construction of a project.
6) Local Improvement Districts (LIDs)
The Study recommends establishing the policy whereby the Wastewater Connection Charge
for any facility located on a lot that has participated in a local improvement district for
wastewater facilities and has fully executed an Outside Utility Agreement, if applicable, shall
not exceed that charge which was in effect at the time the final assessment roll was passed,
provided the Wastewater Connection Charge is fully paid within one year of time the final
assessment roll was passed.
The Study further recommends establishing that the Future Collection element of the
Wastewater Connection Charge for any facility located on a lot within the boundaries of a
local improvement district for wastewater facilities that does not participate in said local
improvement district be the greater of the WCC established by the applicable Y.M.C. or the
Final Assessment of the L.I.D. plus interest. Parcels participating in the LIDs will still be subject
to all elements of the WCC except the Future element of the collection element.
7) Waivers
The Study recommends allowing a waiver of the "Actual cost" element of applicable charges
under certain circumstance; usually the construction of infrastructure. The existing ordinance
allows for waiver of the "Actual cost" and the "Historic" element. The rationale for the change
is that flow from new developments will utilize some "historic" infrastructure as it is conveyed
to treatment.
8) "Prove -Up"
The Study makes a recommendation for both non-residential domestic and non-domestic
dischargers: the anticipated effluent flow and any other characteristics upon which the initial
WCC is based would be estimated based upon available water meter or sewage flow meter
data or from information provided by the potential discharger. The City could also establish
such estimates by reference to Table G2-1 of the "Criteria for Sewage Works Design,"
published by the Washington State Department of Ecology. These estimates would be used to
calculate an initial WCC and to establish the customer's maximum discharge. At the end of the
first year, the City would calculate the final WCC based on actual discharge, and would invoice
or refund any difference between the initial and final WCC. Thereafter, the customer would
be authorized to discharge in the amounts reflected by the final WCC.
9) Recalculation of Charges
YMC 7.58.090(A) presently provides in part, "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". This
Study proposes that recalculation of the WCC also be triggered (a) for non-residential
domestic accounts by an increase in flow; and (b) for non-domestic accounts by an increase in
flow, BOD, or TSS discharged. These increases could trigger recalculation of the WCC even
without a meter change. Each such account would be "grand -fathered" at, and receive a
wastewater discharge authorization for, the highest actual recorded flow (in average gallons
per day per billing period) and BOD, and TSS levels (in average pounds per day per billing
period) over the past two years. If no strength data were available, the 90th percentile of the
measured strength from businesses with the same 6 -digit SIC code and the business's
measured flow would be used to establish an upper limit of authorized discharge for each such
account. Once the authorized discharge was established, any customer whose discharge
exceeded limits thus set would either be required to pay for authorization to use additional
treatment capacity, if available, in accordance with Sections '7.58.040 - .050, or be subject to
pe1L UL1CJ c1 ACL 1V1 L.1L by 7.65 11V1'..
Summary of Study Recommendations:
1) Charges for the Trunkage and Collection elements be based upon a 50%-50% weighting
(Method C) of parcel size and flow.
2) There be minimal, if any, subsidy of future growth by the existing wastewater
ratepayers of Yakima: Growth nays for Growth.
3) An initial WCC be developed for each new non-residential account discharging only
domestic wastewater based upon anticipated flow from that account.
4) An initial WCC for non-domestic accounts be based upon both the actual amount of
flow from each account and the strength of this discharge.
5) Costs and projects eligible for Wastewater Reimbursable Agreements be limited.
6) Connection Charges for parcels participating in LIDs be fixed.
7) A waiver of the "Actual cost" element of applicable charges be allowed under certain
circumstance, usually the construction of infrastructure.
8) At the end of the first year, the City would calculate the final WCC based on actual
discharge, and would invoice or refund any difference between the initial and final WCC.
9) A recalculation of Connection Charge could be triggered by an increase in flow, BOD,
or TSS discharged.
Previous Action:
During the Council meeting of November 2, 2004, this study and these recommendations
were discussed. Council agreed with the above recommendations. Per the request of the
development community, staff will continue to work with them to explore alternative policies
and methods of payment. a
The enclosed table "Attachment 1; Wastewater Connection Charge Comparison" provides a
comparison between 1997 adopted rates as adjusted for inflation and currently in effect, and
the proposed rates for a single dwelling unit.
Attachment 1
Wastewater Connection Charge Comparison
Existing v. Proposed
x Future collection element WAIVED
lot size (sf.) Zone 1 Zone 2 Zone 3
Existing 8,000 $ 1,144.43 $ 2,763.79 $ 4,224.47
Method A 8,000 $ 1,996.59 $ 3,090.99 $ 4,129.24
Method B 8,000 $ 2,173.51 $ 3,958.93 $ 5,815.53
Method C 8,000 $ 2,085.21 $ 3,525.36 $ 4,967.67
"C" -Existing $ increase $ 940.78 $ 761.57 $ 743.20
% increase 82% 28% 18%
Existing 12,000 $ 1,327.76 $ 3,756.79 $ 5,558.66
Method A 12,000 $ 2,572.59 $ 4,214.19 $ 5,622.04
Method B 12,000 $ 2,173.51 $ 3,958.93 $ 5,815.53
Method C 12,000 $ 2,373.21 $ 4,086.96 $ 5,711.67
"C" -Existing $ increase $ 1,045.45 $ 330.17 $ 153.01
% increase 79% 9% 3%
Existing 20,000 $ 1,694.40 $ 5,742.80 $ 8,227.03
Method A 20,000 $ 3,724.59 $ 6,460.59 $ 8,907.64
Method B 20,000 $ 2,173.51 $ 3,958.93 $ 5,815.53
Method C 20,000 $ 2,949.21 $ 5,210.16 $ 7,199.67
"C" -Existing $ increase $ 1,254.81 $ (532.64) $ (1,027.36)
% increase 74% -9% -12%
Future collection element INCLUDED
lot size (sf.) Zone 1 Zone 2 Zone 3
Existing 8,000 $ 1,938.83 $ 5,646.04 $ 8,053.90
Method A 8,000 $ 7,948.59 $ 9,042.99 $ 10,081.24
Method B 8,000 $ 8,759.29 $ 10,544.71 $ 12,401.31
Method C 8,000 $ 8,354.10 $ 9,794.25 $ 11,236.56
"C" -Existing $ increase $ 6,415.27 $ 4,148.21 $ 3,182.66
% increase331 % 73% 40%
Existing 12,000 $ 2,519.36 $ 8,080.17 $ 11,302.80
Method A 12,000 $ 11,500.59 $ 13,142.19 $ 14,550.04
Method B 12,000 $ 8,759.29 $ 10,544.71 $ 12,401.31
Method C 12,000 $ 10,130.10 $ 11,843.85 $ 13,468.56
"C" -Existing $ increase $ 7,610.74 $ 3,763.68 $ 2,165.76
% increase 302% 47% 19%
Existing 20,000 $ 3,680.41 $ 12,948.43 $ 17,800.60
Method A 20,000 $ 18,604.59 $ 21,340.59 $ 23,487.64
Method B 20,000 $ 8,759.29 $ 10,544.71 $ 12,401.31
Method C 20,000 $ 13,682.10 $ 15,943.05 $ 17,932.56
"C" -Existing $ increase $ 10,001.69 $ 2,994.62 $ 131.96
% increase 272% 23% 1%
October 5, 2004
ORDINANCE NO. 2004- 69
AN ORDINANCE of the City of Yakima relating to wastewater rates, fees, and
charges; adjusting various wastewater rates, fees and charges;
amending Sections 7.58.020, 7.58.030, 7.58.040, 7.58.050,
7.58.060, 7.58.070, 7.58.080, 7.58.085, and 7.58.090, and adding a
new Section 7.58.095, of the Yakima Municipal Code; and
providing for related matters.
WHEREAS, the City Of Yakima (the "City") is authorized by Title 35 RCW to
acquire, construct, own operate, and provide financing for waterworks and systems of
sewerage, and to establish rates, fees, and charges therefore; and
WHEREAS, the City Council fords and determines that it is in the best interests
of the citizens of the City that ordinances related to such systems of sewerage,
wastewater rates, fees, charges, and related matters be amended as set forth in this
Ordinance; and
WHEREAS, the City Council finds and determines that the rates, fees, and
charges contained in this Ordinance are fair, just and reasonable; and
WHEREAS, the City Council finds and determines that the provisions of this
ordinance relating to reimbursable agreements establish reasonable rules and regulations
for such agreements;
NOW, THEREFORE, BE IT ORDAINED BY THE CITY OF YAKIMA
Section 1. Section 7.58.010 of the Municipal Code reads as follows:
7.58.010 Purpose of chapter.
The purpose of this chapter is to allocate an equitable share of the cost of the existing
wastewater system (" historic costa "), and a reasonable estimate of the
actual cost of connection (including costs associated with expanding the wastewater
system) ("actual cost"), to persons who connect facilities to the wastewater system.
Section 2. Section 7.58.020 of the Municipal Code is amended to read as follows:
7.58.020 Definitions.
Unless the context specifically indicates otherwise, the meaning of terms in this chapter
shall be as follows:
1. "Collection pipes" mean those wastewater system pipes less than twelve inches in
diameter used to collect waste -water from adjacent properties' building sewers.
2. "Collection pipe system" means a series of collection pipes extending from a common
connection point to a trunk/interceptor.
3. "Discharge authorization" shall have the same meaning as in Chapter 7.65.
4. "Discharger - industrial discharger or user" shall have the same meaning as in Chapter
7.65.
5. "Domestic discharger or user" shall have the same meaning as in Chapter 7.65.
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Page 1 of 14
6. "Domestic wastewater" shall have the same meaning as in Chapter 7.65.
7. "Lot" shall have the same meaning as in Chapter 15.02.
8. "Lot area" shall have the same meaning as in Chapter 15.02.
9. "Low- or moderate -income facility owner" means a person who owns a single-family
residential facility and whose annual income is at or below eighty percent of the median
income of the Yakima metropolitan statistical area. Where more than one person has an
ownership interest in a residential facility, the term refers to those persons whose
combined annual income is at or below eighty percent of the median income of the
Yakima metropolitan statistical area. The median income of the Yakima metropolitan
statistical area shall be determined by reference to data published by the United States
Department of Housing and Urban Development.
10. "Parcel" shall have the same meaning as "lot."
11. "Parcel area" shall have the same meaning as "lot area."
12. "Sewer" shall have the same meaning as in Chapter 7.65.
13. "SDU," "single dwelling unit," "SFD" or "single-family dwelling" shall all have the
same meaning as "dwelling, single-family" or "single-family dwelling" in Chapter 15.02.
14. "Trunks/interceptors" mean those wastewater system pipes twelve inches or greater in
diameter, and related conduits, used to receive wastewater from collection pipes and
transport it to the wastewater treatment plant.
15. "Wastewater" shall have the same meaning as in Chapter 7.65. For purposes of this
chapter, "wastewater" does not include "food processing wastewater" defined in Chapter
7.12.
16. "Wastewater system" shall have the same meaning as "POTW" or "publicly owned
treatment works" in Chapter 7.65 and includes all sewers, pipes, and wastewater
treatment plants. For purposes of this chapter, "wastewater system" does not include
"food processing wastewater system" defined in Chapter 7.12.
17. "Wastewater treatment plant" shall have the same meaning as in Chapter 7.65. For
purposes of this chapter, "wastewater treatment plant" does not include "food processing
wastewater treatment plant" defined in Chapter 7.12.
18. "Water meter size" shall be determined by reference to the criteria in the Uniform
Plumbing Code or Uniform Building Code as the city may adopt from time to time,
provided that any facility not served by the city water division shall determine "water
meter size" by the criteria established in AWWA Manual M 22 Sizing Water Service
Lines and Meters.
19. "Zone 1" means the area within the city limits of the city of Yakima at the time the
connection charge established by this chapter is paid.
20. "Zone 2" means the area within the urban area established by the 1976 Agreement for
Wastewater Treatment and Disposal Service, as amended, excluding Zone 1.
21. "Zone 3" means the area outside Zone 1 and Zone 2 but within the Yakima urban
growth area boundary, established by the 1997 Yakima urban area comprehensive plan,
as that boundary may be revised from time to time.
Section 3. Section 7.58.030 of the Municipal Code is amended to read as follows:
7.58.030 Connection to the wastewater system --Connection charge imposed.
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Page 2 of 14
A connection charge is imposed on the owner of any facility to be connected to the
wastewater system when the owner of the facility to be so connected has not paid a
wastewater connection charge for connecting such facility to the wastewater system,
subject to the provisions below. Payment of the connection charge does not convey any
ownership interest in the wastewater system. Payment of the connection charge
authorizes connection only to the designated lot and is not transferable to any other lot.
A. Any facility located on a lot that has participated in a local improvement district for
wastewater facilities, the fmal assessment roll of which was passed prior to September 3,
1997, shall be assessed the capital cost recovery charge which was in effect at the time
the final assessment roll was passed in lieu of a connection charge;
B. A connection charge shall not be imposed against any facility located on a lot that has
participated in a local improvement district for wastewater facilities and has paid or is
paying the capital cost recovery charge as part of its local improvement district facility
assessment; and
C. If prior to December 10, 1996, the owner or developer of a lot has entered into an
agreement with the city providing for deferral of the payment of the capital cost recovery
charge for said lot, said owner or developer may pay on or before June 23, 1998, the
capital cost recovery charge that was in effect at the time such agreement was entered. If
such payment is not made on or before June 23, 1998, the amount of the connection
charge shall be determined by reference to Sections 7.58.040 through 7.58.090.
D. The Wastewater Connection Charge for any facility located on a lot that has
participated in a local improvement district for wastewater facilities and has fully
executed an Outside Utility Agreement, if applicable, shall not exceed that in effect at the
time the preliminary assessment roll was passed, provided the Wastewater Connection
Charge is fully paid within one year of time the final assessment roll was passed.
E. The "Actual Cost" Collection element of the Wastewater Connection Charge for any
facility located on a lot within the boundaries of a local improvement district for
wastewater facilities that does not participate in said local improvement district shall be
the greater of the WCC established by the applicable Y.M.C. or the final assessment of
the L.I.D. plus interest.
Section 4. Section 7.58.040 of the Municipal Code is amended to read as follows:
7.58.040 Calculation of the wastewater connection charge.
A. The wastewater connection charge within Zones 1, 2, and 3 shall be calculated based
on information and rates existing at the time when payment will be made pursuant to
Section 7.58.080 or when a local improvement district fmal assessment is authorized by
the city council. The connection charge within Zones 1, 2, and 3 shall be equal to the sum
of the following elements:
1. Base treatment plant charge (calculated pursuant to Section 7.58.050);
2. Base trunks/interceptors charge (calculated pursuant to Section 7.58.060);
3. Base collection pipes charge (calculated pursuant to Section 7.58.070);
4. City services charge in the amount of six percent assessed on the sum of the first three
elements;
5. Engineering Administration charge in the amount of twe ty-fi efifty ($50.00) dollars
per lot, in addition to any required inspection, permit, or plan review fees; and
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Page 3 of 14
6. Wastewater tax, and any other applicable tax, assessed on the sum of the first three
elements (pursuant to Chapter 7.64).
B. Charges to be Published. The city cngineer Code Administration and Planning
Manager shall maintain a schedule of current charges within Zones 1, 2, and 3, shall post
such schedule conspicuously, and shall make copies available to interested persons.
C. Initial Base Charges. Commencing on the effective date of the ordinance codified in
this chapter and until amended pursuant to subsection D of this section, wastewater
connection charges shall be based upon charges set by this chapter.
D. Amendment of Base 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.
E. Connection charge for properties not within Zones 1, 2, and 3. Any person wishing to
connect facilities located on property outside Zones 1, 2, and 3 shall contact the
wastewater intondentmanager. Such properties may be connected only upon the
written approval of the city manager, and only upon payment of a connection fee
established in an amount sufficient to allocate to the applicant an equitable share of the
cost of the existing wastewater system and a reasonable estimate of the actual cost of
connection (including costs associated with expanding the system).
Section 5. Section 7.58.050 of the Municipal Code is amended to read as follows:
7.58.050 Base treatment plant charge.
The base treatment plant charge includes both an equitable share of the cost of the
existing wastewater treatment plant ("historic cost") and a reasonable estimate of the
actual cost of connection to the wastewater treatment plant (including costs associated
with expanding the plant) ("actual cost").
A. For accounts discharging "domestic wastewater", the amount of this charge is a
function of the amount of water flowing to the facility to be connected and the zone in
which the facility is located. The treatment plant charge for single dwelling units (SDUs)
is uniform within each zone. The treatment plant charge for non-residential accounts shall
be determined by applying the unit cost listed below to the customer's authorized
discharge flow. No charge shall be imposed for any water
meter installed for the sole purpose of irrigation or fire flows. The base treatment plant
charge for a particular facility shall be determined by reference to the following chart:
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Page 4 of 14
DOMESTIC WASTEWATER
From Effective Date through Dec. 31, 2005
M e eCategory
SDUSFD "
duplex (@ 3/4")
residential 2-4 units
triplex (@ 3/4")
residential 5+ units
Non-residential 3/4"
(per gallon)
all uses 1"
all uses 1.5"
all uses 2"
all uses 3"
all uses 4"
all uses 6"
CategoryMnictcr- e
SFD SDU(-3-W)
duplex (@ 3/4")
residential 2-4 units
triplex (@ 3/4")
residential 5+ units
Non-residential 3/4"
(per gallon)
all uses 1"
all uses 1.5"
all uses 2"
all uses 3"
all uses 4"
all uses 6"
11/10/04
Zone 1
$ 591.31
$662.16
886.97
529.73 per unit
1,182.62
423.78 per unit
384.72
2.498
1,384.98
4,151.95
no�i6
8,079.07
10,387.38
13,849.83
Zone 2
$ 591.31
$662.16
886-97
529.73 per unit
1,182.62
423.78 per unit
384.72
2.498
1,384.98
4,151.95
6,463.26
8,079.07
10,387.38
13,849.83
From Jan. 1 to Dec. 31, 2006
Zone 1
$ 609.05
$682.02
913.57
545.62 per unit
1,218.10
436.50 per unit
396.26
2.573
1,126.53
4,279.60
616
8,321.14
10,699.00
14,265.32
Zone 2
$ 609.05
$682.02
913.57
545.62 per
i3O
436.50 per
306.26
2.573
1,426.53
4,279.60
6,657.16
8,321.11
@699-00
14,265.32
Page 5 of 14
unit
unit
Zone 3
$ 1,202.67
$911.37
1,804.01
729.10 per unit
2,405.31
583.28 per unit
782.42
3.437
2,816.71
8,450.13
13,111.64
16,430.80
21,125.31
28,167.08
Zone 3
$ 1,238.75
$938.71
1,858.13
750.97 per unit
�n�0
600.78 per unit
885-89
3.540
2,901.21
8,703.63
13,538.98
16,923.72
21,759.07
29,012.09
CategorvMeterSize
SFD SDU "
duplex (@ 3/4")
residential 2-4 units
triplex (@ 3/4")
residential 5+ units
Non-residential 3/4"
(per gallon)
all uses 1"
all uses 1.5"
all uses 2"
all uses 3"
all uses 4"
all uses 6"
Effective Jan. 1, 2007
Zone 1
$ 627.32
$702.48
940.98
561.99 per unit
1,251.61
449.60 per unit
408.15
2.650
1,469.33
4,107.99
6,856.87
8,571.09
11,019.97
11,693.28
Zone 2
$ 627.32
$702.48
94.0798
561.99 per
1,251.64
449.60 per
408.15
2.650
1,169.33
4,107.99
6,856.87
8,571.09
11,019.97
14,693.28
unit
unit
Zone 3
$ 1,275.91
$966.87
1,913.87
773.50 per unit
2,551.83
618.80 per unit
830.07
3.646
2,988.25
8,961.71
13,945.15
17,131.14
22,411.84
29,882.16
For Non-residential Domestic Wastewater customers, the Base Treatment Plant charges
shall be established by the wastewater
abevemanager using the unit price listed above and the amount of water (hydraulic flow),
discharged by the facility as allowed by its Discharge Authorization. Refer to YMC 7.65.
B. For Non-domestic Discharger accounts, the amount of this charge is a function of the
amount of water (hydraulic flow), Biochemical Oxygen Demand (BOD), and Total
Suspended Solids (TSS) discharged by the facility as allowed by its Discharge
Authorization. Refer to YMC 7.65.
NON-DOMESTIC WASTEWATER
From Effective Date through Dec. 31, 2005
Constituent
Hydraulic (gal/ av
day -max mn)
BOD (lb/av day -max
mn
TSS (lb/av day -max
mn
11/10/04
Zone 1
$0.456
421.30
344.08
Zone 2
$0.456
421.30
344.08
Page 6 of 14
Zone 3
$0.628
609.30
509.24
Effective January 1 to December 3L 2006
Constituent Zone 1 Zone 2 Zone 3
Hydraulic (gal/ av
day -max mn) $0.470 $0.470 $0.647
BOD (lb/av day -max
mn) 433.94 433.94 627.58
TSS (lb/av day -max
mn) 354.40 354.40 524.52
Effective January 1, 2007
Constituent Zone 1 Zone 2 Zone 3
Hydraulic (gal/ av
day -max mn) $0.480 $0.480 $0.666
BOD (lb/av day -max
mn 446.96 446.96 646.41
TSS (lb/av day -max
mn 365.03 365.03 540.26
Section 6. Section 7.58.060 of the Municipal Code is amended to read as follows:
7.58.060 Base trunk/interceptors charge.
The base trunks/interceptors charge includes both an equitable share of the cost of the
existing trunks/interceptors ("historic cost") and a reasonable estimate of the actual cost
of connection to the trunks/interceptors (including costs associated with expanding the
trunks/interceptors system) ("actual cost"). This charge is the sum of two separate
calculations. The first calculation is a function of the size of the lot to be connected. The
"parcel size" portion of the base trunks/interceptors charge shall be determined by
multiplying the lot area (measured in square feet (sf)) by the rate given in Table A-
(Trunk/parcel size) for the zone in which the lot is located. The second calculation is a
function of the flow from each connection. The "flow" portion of the base
trunks/interceptors charge shall be determined by multiplying the customer's authorized
flow (measured in gallons per day (gpd)) by the rate given in Table B-(Trunk/flow) for
the zone in which the lot is located.
The wastewater manager may waive the actual cost element of the base
trunks/interceptors charge if the lot owner or developer extends a trunk/interceptor from
the existing trunk/interceptor through or along the entire length of the lot as required by
the sewer comprehensive planning analysis for the area.
11/10/04
Page 7 of 14
Table A-(Trunk/parcel size)
Times square feet
Zone 1 Zone 2
Zone 3
1998 $07036 $0.195 $0.263
From Effective Historic $0.006 $0.010 $0.020
Date through Actual 0.022 0.091 0.133
Dec. 31, 2005: Total 0.028 0.101 0.153
From Jan. 1 to Historic 0.006 0.010 0.021
Dec. 31, 2006: Actual 0.023 0.094 0.137
Total 0.029 0.104 0.158
Effective Jan. 1, Historic 0.006 0.011 0.021
2007: Actual 0.023 0.097 0.141
Total 0.030 0.107 0.162
1999 0.037 07201 0.2-70
2000 0.038 0.207 0.278
Table B-(Trunk/flow)
Times gallons per day
Zone 1 Zone 2 Zone 3
From Effective Historic $0.172 $0.235 $0.355
Date through Actual 0.853 4.308 6.954
Dec. 31, 2005: Total 1.025 4.543 7.309
From Jan. 1 to Historic 0.177 0.242 0.366
Dec. 31, 2006: Actual 0.879 4.437 7.163
Total 1.056 4.679 7.528
Effective Jan. 1, Historic 0.182 0.249 0.377
2007: Actual 0.905 4.570 7.377
Total 1.087 4.820 7.754
11/10/04
Page 8 of 14
Section 7. Section 7.58.070 of the Municipal Code is amended to read as follows:
7.58.070 Base collection pipes charge.
The base collection pipes charge includes both an equitable share of the cost of the
existing collection pipes ("historic cost") and a reasonable estimate of the actual cost of
connection to the collection pipes (including costs associated with expanding the
collection pipes system) ("actual cost"). This charge is the sum of two separate
calculations. The first calculation is a function of the size of the lot to be connected. The
"parcel size" portion of the collection pipe charge shall be determined by multiplying the
lot area (measured in square feet (sf)) by the rate given in Table C-(Collection/parcel
size) for the zone in which the lot is located. The second calculation is a function of the
flow from each connection. The "flow" portion of the base collection pipe charge shall
be determined by multiplying the customers' authorized flow (measured in gallons per
day (gpd)) by the rate given in Table D-(Collection/flow) for the zone in which the lot is
located.
provide& The wastewater manager may waive the actual cost element of the base
collection pipes charge may if: (a) the lot is served by a collection pipe system installed
and paid for by the developer of the lot; (b) the lot owner extends a collection pipe from
the existing collection pipe system through or along the entire length of the lot as
required by the sewer comprehensive planning analysis for the area; or (c) the lot is
connected to a collection pipe system originally financed by local improvement district
assessments to which contribution was made for the lot:
Table C-(Collection/Darcel size)
Times square feet
Zone 1 Zone 2 Zone 3
From Effective Historic $0.032 $0.016 $0.002
Date through Actual 0.310 0.310 0.310
Dec. 31, 2005: Total 0.342 0.326 0.312
From Jan. 1 to Historic 0.033 0.016 0.002
Dec. 31, 2006: Actual 0.319 0.319 0.319
Total 0.352 0.336 0.321
Effective Jan. 1, Historic 0.034 0.017 0.002
2007: Actual 0.329 0.329 0.329
Total 0.363 0.346 0.331
11/10/04
Page 9 of 14
From Effective
Date through
Dec. 31, 2005:
From Jan. 1 to
Dec. 31, 2006:
Effective Jan. 1.,
2007:
Historic
Actual
Total
Historic
Actual
Total
Historic
Actual
Total
Table D-(Collection/flow)
Times gallons per day
Zone 1 Zone 2
$1.065
10.355
11.420
1.097
10.666
11.763
1.130
10.986
12.115
$0.355
10.355
10.710
0.366
10.666
11.031
0.377
10.986
11.362
Zone 3
$0.037
10.355
10.392
0.038
10.666
10.704
0.039
10.986
11.025
Section 8. Section 7.58.075 of the Municipal Code reads as follows:
7.58.075 Maximum lot size.
A maximum lot size of twenty thousand square feet shall be utilized in calculating
charges under Sections 7.58.060 and 7.58.070 for single -dwelling units.
Section 9. Section 7.58.080 of the Municipal Code is amended to read as follows:
7.58.080 Time of payments--Lien--Suspension of service.
A. For Domestic Dischargers, wastewater connection charges shall be paid in full at or
before the time a side sewer permit is obtained.
B. For Non -Domestic Dischargers, wastewater connection charges, based upon their
initial Discharge Authorization, shall be paid in full at or before the time a side sewer
permit is obtained. Any fees due from recalculation of charges (7.58.090) shall be paid
within 30 days of receiving notice. 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.
11/10/04
Page 10 of 14
Section 10. Section 7.58.085 of the Municipal Code is amended to read as follows:
7.58.085 Alternative, periodic payment method.
A. At any time prior to connection of a facility to the wastewater system, the owner of
that facility may apply to the engineering code administration and planning division for
periodic payment of the applicable connection charge, provided that: (1) the facility
owner is a low- or moderate-income facility owner; (2) the facility is the facility owner's
primary and legal residence; (3) a certificate of occupancy has been issued for the facility
and that certificate remains valid; (4) the facility is connected to a private septic system
or some system of sewerage other than the wastewater system; and (5) the connection
charge applicable to the facility is equal to or greater than one thousand dollars. This
periodic payment method shall be an alternative to payment of the full connection charge
prior to connection pursuant to YMC 7.58.080(A).
B. To apply for the periodic payment method provided by this section, the facility owner
must execute a request form to be provided by the engineering code administration and
planning division. The request form shall be in the form of a contract between the facility
owner and the city, and the general form of the request form shall be approved by the city
attorney and city manager.
C. At the time of delivery to the facility owner, the request form shall state the amount of
the applicable connection charge and the number and amount of quarterly payments. The
code administration and planningengifieffing division shall determine the amount of the
connection charge by reference to Sections 7.58.040 through 7.58.090. The code
administration and planning engineering division shall also calculate a substantially
equal, quarterly payment amount sufficient to pay the entire principal amount of the
connection charge, together with interest thereon at an annual interest rate equal to the
prime rate as quoted in the Wall Street Journal on the last business day of the month
preceding preparation and delivery of the request form to the facility owner, within three
years of the date of connection if the applicable connection charge is less than or equal to
five thousand dollars, or within five years of the date of connection if the applicable
connection charge is more than five thousand dollars. The first quarterly payment shall be
due three months after the date of connection.
D. The facility owner shall provide the remaining information required by the request
form and execute the request form.
E. The city shall not accept or execute the original or any updated request form unless:
(1) the facility owner qualifies as a low- or moderate-income facility owner; (2) the form
is first executed by the facility owner; (3) the applicable connection charge has not
changed from that stated on the request form; (4) the prime rate as quoted in the Wall
Street Journal on the last business day of the month preceding presentation of the
executed Request Form by the facility owner has not changed; and (5) the facility owner
has paid a one hundred dollar administrative fee for processing the request form and
administering the installment payment program.
F. If either the applicable connection charge or the prime rate as quoted in the Wall Street
Journal on the last business day of the month preceding presentation of the executed
request form by the facility owner has changed, the city Code Administration and
Planning Managercngineer shall revise the terms and quarterly payment amount to reflect
such changes, and shall return an updated request form to the facility owner, who may
11/10/04
Page 11 of 14
execute the updated request form and return it to the city Code Administration and
Planning Manager engineer for acceptance and execution by the city.
G. Once the city has executed the request form, the connection charge, interest rate, and
periodic payments applicable to the subject property shall not be changed from that
amount stated in the request form for a period of ninety days from the date of final
execution by the city. In the event that the facility owner fails to complete the connection
within ninety days from the date of final execution by the city, the facility owner must
request, complete, and submit a new request form, which shall be subject to the
requirements of this section.
H. Nothing in this section shall be construed to limit the city's authority to collect any
delinquent connection charge payment or payments, including the city's authority to
impose a lien or shut off water service as provided in Chapter 35.67 RCW. For purposes
of a lien imposed pursuant to Chapter 35.67 RCW, any delinquency of four quarterly
payments shall constitute a delinquency of one year's charges subject to a sewerage lien
and that lien shall be effective without the necessity of any writing or recording of the
lien.
Section 11. Section 7.58.090 of the Municipal Code is amended to read as follows:
7.58.090 Recalculation of charges.
A. Improvement, Change in Use. In the event any Domestic facility, lot, tract or parcel is
improved, or the use thereof or discharge therefrom is changed or intensified so as to
• • - . •• : - . - -• - , then the amount of the connection charge
is subject to recalculation and increase according to Sections 7.58.040 through 7.58.075.
Credit shall be allowed for the size of any existing meter(s) removed by virtue of this
•previously established flow, provided that, in no case shall the
credit exceed the cost of the charge. Any such increase shall be paid in the time and
manner specified by Section 7.58.080.
B. Additional Subdivision of Lots. At such time that any existing lot connected to the
wastewater system is subdivided, a wastewater connection charge shall be assessed
against each new lot formed. No additional charge shall be imposed upon the lot where
the facilities that were originally connected are located, unless an increase in flow or
intensity of use water meter size is involved. Any additional charges due as a result of
subdivision shall be determined as set forth in subsection A of this section and shall be
paid in the time and manner specified in Section 7.58.080.
C. Altered Discharge. In the event discharge from any Non-domestic facility, lot, tract or
parcel is altered, or the use thereof is changed or intensified then the amount of the
applicable wastewater connection charge is subject to recalculation according to Sections
7.58.040 through 7.58.075. Credit shall be allowed for the facility's existing Authorized
or Permitted Discharge, provided that in no case shall the credit exceed the cost of the
recalculated charge. Any such increase shall be paid in the time and manner specified by
Section 7.58.080.
D. As an additional and concurrent method of collection of any such delinquent
wastewater connection charges, the customer service manager may suspend the water
service or supply to the premises under the same authority provided in Section 7.60.100.
11/10/04
Page 12 of 14
Section 12. A new Section 7.58.095 is added to the Municipal Code to read as
follows:
7.58.095 Reimbursable Agreements.
Wastewater reimbursable agreements may be available to an owner of newly connecting
wastewater facilities when such owner, as determined by the City Engineer, builds
collection and/or trunks/interceptors infrastructure that both conforms to the Wastewater
Comprehensive Plan and also provides collection and/or trunks/interceptor facilities that
are in excess of the facilities required to serve the owner's facilities. Reimbursable
agreements shall provide for payment to the owner of a fair pro rata share of the cost of
facilities that are in excess of the facilities needed to serve the owner's facilities. Any
such payment will be derived from connection fees paid by any owner of real estate who
did not contribute to the initial owner's original cost of such wastewater facilities but who
subsequently taps into or uses such facilities. The terms and conditions of any proposed
reimbursable agreement must be established prior to the construction of a project and are
subject to review and approval by the City Council. The duration of a reimbursable
agreement shall not exceed 15 years.
Section 13. Section 7.58.100 of the Municipal Code reads as follows:
7.58.100 Money to be credited to wastewater operating fund.
All moneys collected pursuant to this chapter shall be paid into and credited to the
wastewater operating fund as provided in Chapter 3.101.
Section 14. 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. A certified copy of
this ordinance shall be recorded by the clerk of the City Council in the office of the
Yakima County Auditor.
11/10/04
Page 13 of 14
PASSED BY THE CITY COUNCIL at a regular meeting and signed and
approved this 16th day of November, 2004.
ATTEST:
City Clerk
Publication Date: 11-19-2004
Effective Date: 12-19-2004
11 /10/04
Page 14 of 14
Paul P. George, Mayor