Loading...
HomeMy WebLinkAbout12/13/2011 09 6% Utility Tax Increase Implementation for 2012 0 ;,'-:.. 1 - " ir --. 1> C \ i. , .,- [r 1 I; � DA BUSINESS OF THE CITY COUNCIL YAKIMA, WASHINGTON AGENDA STATEMENT Item No. For Meeting of: December 13, 2011 ITEM TITLE: Ordinances enacting rate adjustments in the various utilities to implement a 6% increase in the utility tax per Ordinance No. 2011 -59 approved December 6, 2011 SUBMITTED BY: Michael Morales, Assistant City Manager, 575 -6040 CONTACT Dave Brown, Water & Irrigation Manager, 575 -6204 PERSON /TELEPHONE: Nancy Fortier, Refuse and Recycling Manager, 576 -6421 Scott Schafer, Wastewater Division Manager, 249 -6815 SUMMARY EXPLANATION: 40 A. Ordinance Adjusting Water Rates. On December 6, 2011 Council approved an increase in the Utility tax. The utility tax is part of the water rate. An ordinance is attached that increases the water rate to include the additional utility tax bringing the rate to 20 %. This increase of 6% is $440,000 per year. So this amount can be collected, the ready to serve charge has been increased by $3.91 for the two month billing period, or $1.96 per month or $23.46 per year. B. Ordinance amending the Yakima Municipal Code, Chapter 4.16 relating to 2012 Refuse rates. The City Council approval of a Utility tax increase from 9% to 15% for the Refuse Division will require a rate increase for all refuse services. This increase of 6% will be approximately $306,500 annually. The attached ordinance contains revisions to Section 4.16.140 of the Yakima Municipal Code and includes a 6% rate adjustment on residential automate refuse service, bin service, extra refuse charges and yard waste collection. C.Ordinance adjusting wastewater rates. City Council has directed staff to increase the Utility Tax by 6 %. This equates to just over $970,000 per year to be contributed to the General Fund from Wastewater. This increase has been incorporated into the Ready -to -Serve charge and will increase such charge by $3.45 per month or $6.90 per billing period. Resolution Ordinance X Other (specify) Contract: Mail to: Contract Term: Amount: Expiration Date: • Insurance Required? No • Funding Source: Phone: APPROVED FOR �4,/ SUBMITTAL: City Manager III L I • STAFF RECOMMENDATION: BOARD /COMMISSION RECOMMENDATION: ATTACHMENTS: Click to download ❑ Water rate ordinance -- clean version Water rate ordinance track change version ❑ Refuse rate revision clean version • ❑ Refuse rate revision track change [1 WW revision clean Cl WW revision Track changes 11 Ordinance 2011 -59 • ORDINANCE NO. 2011 - AN ORDINANCE establishing rates, charges, terms and conditions for domestic water system service; amending section 7.68.250 of chapter 7.68 of the City of Yakima Municipal Code; and providing for an effective date. WHEREAS, RCW 35.92.010 authorizes cities to own and operate water utilities, and to regulate and control the use, distribution, and price for water utility service; and WHEREAS, Article IX, Section 1 of the City Charter of the City of Yakima authorizes the City Council to provide by ordinance rules and regulations for the control, management and operation of all public utilities owned and operated by the City; and WHEREAS, the City Council has established rates and charges for domestic water service through the enactment of Yakima Municipal Code (YMC) chapters 7.68 and 7.75; and WHEREAS, the City Council finds and determines that the rates, charges, terms and conditions for domestic water utility service set forth in this ordinance are fair, just and reasonable; and WHEREAS, the City Council finds and determines that adoption of this ordinance is in the public interest; now, therefore, ® BE IT ORDAINED BY THE CITY OF YAKIMA: • Section 1. Section 7.68.250 of Chapter 7.68 of the City of Yakima Municipal Code is hereby amended to read as follows: "7.68.250 Water services charges. A. From February 1, 2008 through December 31, 2008, the charge for domestic water supplied within the City of Yakima shall consist of a ready -to -serve charge and a charge for water consumed. Ready to serve charges are as follows: Ready -to -Serve Charges: Meter size Charge per Two - Month Period ' " and smaller $9.18 1" 12.67 1-1/2" 22.26 2" 33.30 Page 1 of 4 pages • 3" 59.06 4" I 95.83 6" 187.74 8" 371.62 10" 555.46 12" 812.88 Charges for water consumed are as follows, expressed in rates per UOC, where "UOC" means Unit of Consumption and equals 100 cubic feet of water: UOC Rate Per UOC 0-250 1.26 Over 250 1.18 B. For calendar years 2009 and beyond, the charge for domestic water supplied within the City of Yakima shall consist of a ready -to -serve charge and a charge for water consumed, as follows: Ready -to -Serve Charges per Two -Month Period Meter size 2009 2010 2011 2012 Jan 1 Jan 1 Jan 1 Feb 1 and beyond 3/4" and smaller 9.79 10.42 11.04 15.91 1" 13.57 14.47 15.33 20.09 1 -1/2" 22.94 24.52 25.95 31.24 2" 34.24 36.62 38.74 44.67 3" 60.60 64.89 68.62 76.03 4" 98.25 105.26 111.30 120.82 6" 192.31 206.09 217.90 232.70 8" 380.52 407.89 431.22 453.59 10" 568.68 609.62 644.47 680.41 I 12" 832.15 892.09 943.08 993.82 Page 2 of 4 pages Charge for Water Consumed per UOC UOC 2009 2010 2011 2012 Jan 1 Jan 1 Jan 1 Jan 1 and beyond 0 -250 1.29 1.36 1.44 1.51 Over 250 1.29 1.36 1.44 1.51 C. A one -month period is defined as water service from one day up to thirty one days. A two - month period is defined as water service for thirty two days to two months. D. The minimum charge for domestic water for a one month period for all meter sizes except ' inch shall be one half the two -month Ready -to -Serve charge above plus the charge for three (3) UOC at the 0 —250 UOC rate above. The 3 / inch meter size minimum charge for domestic water for a one month period shall be the 3 inch two month Ready -to -Serve charge above plus the charge for three (3) UOC at the 0 —250 UOC rate above. The minimum charge for domestic water for a two month period for all meter sizes shall be the two -month Ready -to -Serve charge above plus the charge for six (6) UOC at the 0 —250 UOC rate above. E. All charges for water supplied outside the city shall be computed by multiplying the applicable rates set forth in paragraphs A through D of this section by one and one -half. F. Home Kidney Dialysis. A residential customer who undergoes kidney dialysis at his or her home, or whose home is also the home of a different person who undergoes home kidney dialysis, shall not be required to pay utility charges for domestic water service or sewer service for the quantity of water that is necessary for the home dialysis. In order to be excused from utility charges under this subsection, the residential customer must present to the director of finance and budget or their designee written documentation annually from a recognized kidney dialysis center certifying that the person requires dialysis and the quantity of water needed for that person's dialysis." Section 2. If any section, subsection, paragraph, sentence, clause or phrase of this ordinance is declared invalid or unconstitutional for any reason, such decision shall not affect the validity of the remaining portions of this ordinance. Section 3. 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. Page 3 of 4 pages PASSED BY THE CITY COUNCIL at a regular meeting and signed and approved this 13th day of December, 2011. Micah Cawley, Mayor ATTEST: Deborah Moore, City Clerk Publiication Date: 12/ /11 (ordinance certification) Effective Date: • Page 4 of 4 pages ORDINANCE NO. 2011 - AN ORDINANCE establishing rates, charges, terms and conditions for domestic water system service; amending section 7.68.250 of chapter 7.68 of the City of Yakima Municipal Code; and providing for an effective date. WHEREAS, RCW 35.92.010 authorizes cities to own and operate water utilities, and to regulate and control the use, distribution, and price for water utility service; and WHEREAS, Article IX, Section 1 of the City Charter of the City of Yakima authorizes the City Council to provide by ordinance rules and regulations for the control, management and operation of all public utilities owned and operated by the City; and WHEREAS, the City Council has established rates and charges for domestic water service through the enactment of Yakima Municipal Code (YMC) chapters 7.68 and 7.75; and WHEREAS, the City Council finds and determines that the rates, charges, terms and conditions for domestic water utility service set forth in this ordinance are fair, just and reasonable; and WHEREAS, the City Council finds and determines that adoption of this ordinance is in • the public interest; now, therefore, BE IT ORDAINED BY THE CITY OF YAKIMA: Section 1. Section 7.68.250 of Chapter 7.68 of the City of Yakima Municipal Code is hereby amended to read as follows: "7.68.250 Water services charges. • A. From February 1, 2008 through December 31, 2008, the charge for domestic water supplied within the City of Yakima shall consist of a ready - to - serve charge and a charge for water consumed. Ready to serve charges are as follows: Ready -to -Serve Charges: Meter size Charge per Two - Month Period 3 /4" and smaller $9.18 1" 12.67 1-1/2" 22.26 2" 33.30 Page 1 of 4 pages 0 3" 59.06 4" 95.83 16" 187.74 18" 371.62 10" 555.46 12" 812.88 Charges for water consumed are as follows, expressed in rates per UOC, where "UOC" means Unit of Consumption and equals 100 cubic feet of water: UOC Rate Per UOC 0 -250 1.26 Over 250 1.18 B. For calendar years 2009 and beyond, the charge for domestic water supplied within the City of Yakima shall consist of a ready -to -serve charge and a charge for water consumed, as follovvs: • Reaciy -to -Serve Charges per Two -Month Period Meter size 2009 2010 2011 2012 Jan 1 Jan 1 Jan 1 Jan -Feb 1 and beyond '/<" and smaller 9.79 10.42 11.04 12.0015.91 1" 13.57 14.47 15.33 1 16.1820.09 1 -1/2" 22.94 24.52 25.95 27.3331.24 2" 34.24 36.62 38.74 40.7644.67 3" 60.60 64.89 68.62 72.1276.03 4" 98.25 105.26 111.30 116.91120.82 6" 192.31 206.09 217.90 228.79232.70 8" 380.52 407.89 431.22 14152.68453.59 10" 568.68 609.62 644.47 6:60680.41 12" 832.15 892.09 943.08 989.91993.82 • Page 2 of 4 pages 110 Charge for Water Consumed per UOC UOC 2009 2010 2011 2012 Jan 1 Jan 1 Jan 1 Jan 1 and beyond 0 -250 1.29 1.36 1.44 1.51 Over 250 1.29 1.36 1.44 1.51 C. A one -month period is defined as water service from one day up to thirty one days. A two - month period is defined as water service for thirty two days to two months. D. The minimum charge for domestic water for a one month period for all meter sizes except 3 /4 inch shall be one half the two -month Ready -to -Serve charge above plus the charge for three (3) UOC at the 0 —250 UOC rate above. The 3/ inch meter size minimum charge for domestic water for a one month period shall be the 3/ inch two month Ready -to -Serve charge above plus the charge for three (3) UOC at the 0 —250 UOC rate above. The minimum charge for domestic water for a two month period for all meter sizes shall be the two -month Ready -to -Serve charge above plus the charge for six (6) UOC at the 0 —250 UOC rate above. E. All charges for water supplied outside the city shall be computed by multiplying the applicable rates set forth in paragraphs A through D of this section by one and one -half. • F. Home Kidney Dialysis. A residential customer who undergoes kidney dialysis at his or her home, or whose home is also the home of a different person who undergoes home kidney dialysis, shall not be required to pay utility charges for domestic water service or sewer service for the quantity of water that is necessary for the home dialysis. In order to be excused from utility charges under this subsection, the residential customer must present to the director of finance and budget or their designee written documentation annually from a recognized kidney dialysis center certifying that the person requires dialysis and the quantity of water needed for that person's dialysis." • Section 2. If any section, subsection, paragraph, sentence, clause or phrase of this ordinance is declared invalid or unconstitutional for any reason, such decision shall not affect the validity of the remaining portions of this ordinance. Section 3. 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. Page 3 of 4 pages F'ASSED BY THE CITY COUNCIL at a regular meeting and signed and approved this 13th day of December, 2011. Micah Cawley, Mayor ATTEST: Deborah Moore, City Clerk Publication Date: 12/ /11 (ordinance certification) Effective Date: • Page 4 of 4 pages • ORDINANCE NO. 2011 - AN ORDINANCE relating to health and sanitation; concerning containers for and storage of garbage and yard waste for collection by the City of Yakima, and amending Section 4.16.140 of the City of Yakima Municipal Code accordingly. , BE IT ORDAINED BY THE CITY OF YAKIMA: Section 1. Section 4.16.140 of the City of Yakima Municipal Code is hereby amended to read as follows: "4.16.140 Classification of premises— Charges. A. For the purpose of regulating the collection of garbage and refuse in the city of Yakima there are established two classifications: one to be known as the "residential classification," and the other as the "business classification." The residential classification shall include all premises occupied as a single - family housekeeping unit, either in dwelling houses, apartments, or other multiple residences. "Residential unit" as used herein, is defined as a unit in which all persons reside together as a single family, whether in single or multiple dwellings. The business classification shall include all other premises. Provided, property owned by the city may be served by city equipment and crews independently of the classifications and rates established by this chapter; provided further, the rules and regulations established by this chapter pertaining to receptacles and to the preparation, storage, and collection of garbage, refuse and debris shall be applicable to all property within the city, including that owned by the city. B. The collection of all refuse in the business classification shall be made only by licensed collectors, hereinafter provided for, at rates to be set by the Washington Utilities and Transportation Commission. C. The collection of all refuse in the residential classification shall be conducted by the City of Yakima equipment and personnel and financed by garbage and refuse collection fees hereinafter set forth. The City of Yakima shall not collect refuse from apartments or multiple units in excess of four units except upon the request of the owner or operator thereof. The following collection fees and practices shall apply for all garbage collection services conducted by the City of Yakima. 1. There are hereby imposed for refuse collection in the residential classification the following charges for each single - family dwelling and for each residential unit in any multiple dwelling: Average 9 Type of Residential Monthly Weekly Refuse Collection Service Charge Charge At Curb or Alley Each 32- gallon cart $10.00 $2.31 Each 96- gallon cart $17.02 $3.93 Carry-Out Collection Each 32- gallon cart $19.36 $4.47 Each 96- gallon cart $28.10 $6.49 An overfill fee of two dollars and thirty -five cents shall be imposed each time an automated cart is filled past its visible full limit or the cart lid will not close due to overfilling. A call -back charge of twelve dollars and six cents shall be imposed each time a customer requests refuse collection service at a time other than the regularly scheduled time. Metal Ibin service charges shall be as follows: • Average Type of Residential Bin Monthly Weekly Service Charge Charge 2 -Yard Each bin, collected weekly $81.75 $18.88 Each additional bin $81.75 $18.88 Each additional pickup per bin $49.02 $11.32 4 -Yard Each bin, collected weekly $130.77 $30.20 Each additional bin $130.77 $30.20 Each additional pickup per bin $98.03 $22.64 6 -Yard Each bin, collected weekly $179.82 $41.53 Each additional bin $179.82 $41.53 Each additional pickup per bin $147.09 $33.97 An overfill fee of twelve dollars and twenty -six cents shall be imposed each time a bin is filled past its visible full limit or the bin lid will not close due to overfilling. 0 Temporary 2 -Yard Bin Accounts: Initial Delivery/Rental Fee $40.87 Pickup Charge $10.22 Daily Service Fee $0.34 Temporary 4 -Yard Bin Accounts: Initial Delivery/Rental Fee $65.39 Pickup Charge $16.34 Daily Service Fee $0.54 Temporary 6 -Yard Bin Accounts: Initial Delivery/Rental Fee $89.91 Pickup Charge $22.48 Daily Service Fee $0.75 2. In addition to the charges imposed by subsection (C)(1) of this section, a separate charge, to be known as the "yard service charge," is imposed on each residential unit that elects to receive yard material collection service from the city during the nine - month period of each year commencing March 1st and ending November 30th. Such service shall utilize 0 one sixty- four - gallon cart or one or more ninety- six - gallon carts owned and provided by the city. The yard service charges shall be as follows: Average Type of Residential Yard Monthly Weekly Waste Service Charge Charge Each 64- gallon cart $7.01 $1.62 Each 96- gallon cart $12.82 $2.96 Each additional 96- gallon cart $6.41 $1.48 The appropriate charge shall be billed to each residential unit that elects to receive this service at the time and as a part of the billings rendered for other city services applicable for that nine -month period. A call -back charge of twelve dollars and six cents shall be imposed each time a customer requests yard material collection service at a time other than the regularly scheduled time. 3. All of the charges for garbage and refuse collection provided in subsections (C)(1) and (C)(2) of this section shall be billed for and paid at the same time and for the same period as billings and payments are made for other city utility services; or, in the event a customer is served by the refuse division but is not served with another city utility, garbage and refuse collection charges shall be billed and paid for according to the schedule which would be applicable to such customer were he so served with another city utility service. 0 Accounts shall become delinquent if not paid within the time specified by YMC 7.50.080 for payment of water service charges. 4. Garbage and refuse collection charges will be suspended for any customer upon advance notice to the office of the division of utility accounts that a particular premises served will be unoccupied and such charges will be resumed on notice to such office to resume service. No such suspension of charges for garbage and refuse collection service will be made for any premises served with any other city utility unless all city utility service to such premises is likewise suspended. Application for resumption of service to a new customer shall be made to the office of the division of utility accounts on forms provided for that purpose which shall contain the name of the customer and the street address and number of units of the premises to be served. 5. Collection service may be suspended for nonpayment of accounts, but such suspension shall not relieve the person owing such account from the duty of complying with the provisions of this chapter or other ordinances pertaining to garbage, refuse, or sanitation. Such suspension of service shall render the premises where such collection service is suspended subject to condemnation for lack of sanitary requirements, and the owner or person in charge or in possession of said premises shall be subject to prosecution for maintaining a nuisance thereon, as well as enforcement of all other applicable laws. (3. Upon failure to pay such charges and upon delinquency, the amount thereof shall become a lien against the property from which the garbage collection service shall have been rendered. Such lien shall be made effective by filing a notice thereof specifying the charges, the period covered by the charges and giving a legal description of the premises at which the service was rendered. Such lien shall be filed with the same official and within the time and shall be foreclosed within the time and manner prescribed by law for filing and foreclosing liens for labor and material, and shall be superior to encumbrances filed subsequent to the filing of such lien, but shall be subject to all general taxes and local improvement assessments, whether levied prior or subsequent thereto. D. The yard material collection service, for which the yard service charge is imposed by subsection (C)(2) of this section, shall include the weekly collection of yard material from automated sixty- four - gallon or ninety- six - gallon carts furnished by the city department of public works during the nine -month period for which the yard service charge is billed to any particular premises. For collection purposes, the total weight of each cart including yard material deposited therein may not exceed two hundred pounds. Yard material larger than four inches in diameter or too long to fit within a yard waste cart when covered by its lid shall not be placed in a cart for collection, but may, upon proper request, be collected as special haul material. • E. In addition to the regulations adopted and charges imposed by subsections C and D of this section, further charges are imposed in the following types of service: 1. A charge of two dollars and thirty -five cents, in addition to the surcharge for collecting refuse and yard material, shall be made for each extra container, bag, box or bundle of tree or shrub trimmings, collected from any particular residential premises. 2. For a special garbage pickup, actual cost shall be charged to the customer. Actual cost shall include the city's actual cost for labor, equipment rental, and landfill fees. The minimum charge for this service shall be twenty -five dollars." Section 2. This ordinance shall be in full force and effect 30 days after its passage, approval, and publication as provided by law and by the City Charter. PASSED BY THE CITY COUNCIL, signed and approved this 13th day of December, 2011 ATTEST: Micah Cawley, Mayor By City Clerk Publication Date: Effective Date: ORDINANCE NO. 2011 - AN ORDINANCE relating to health and sanitation; concerning containers for and storage of garbage and yard waste for collection by the City of Yakima, and amending Section 4.16.140 of the City of Yakima Municipal Code accordingly. BE IT ORDAINED BY THE CITY OF YAKIMA: Section 1. Section 4.16.140 of the City of Yakima Municipal Code is hereby amended to read as follows: "4.16.140 Classification of premises— Charges. A. For the purpose of regulating the collection of garbage and refuse in the city of Yakima there are established two classifications: one to be known as the "residential classification," and the other as the "business classification." The residential classification shall include all premises occupied as a single - family housekeeping unit, either in dwelling houses, apartments, or other multiple residences. "Residential unit" as used herein, is defined as a unit in which all persons reside together as a single family, whether in single or multiple dwellings. The business classification shall include all other premises. Provided, property owned by the city may be served by city equipment and crews independently of the classifications and rates established by this chapter; provided further, the rules and regulations established by this chapter pertaining to receptacles and to the preparation, storage, and collection of garbage, refuse and debris shall be applicable to all property within the city, including that owned by the city. B. The collection of all refuse in the business classification shall be made only by licensed collectors, hereinafter provided for, at rates to be set by the Washington Utilities and Transportation Commission. C. The collection of all refuse in the residential classification shall be conducted by the City of Yakima equipment and personnel and financed by garbage and refuse collection fees hereinafter set forth. The City of Yakima shall not collect refuse from apartments or multiple units in excess of four units except upon the request of the owner or operator thereof. The following collection fees and practices shall apply for all garbage collection services conducted by the City of Yakima. 1. There are hereby imposed for refuse collection in the residential classification the following charges for each single - family dwelling and for each residential unit in any multiple dwelling: Type of Residential Average Refuse Collection Monthly Weekly Service Charge Charge At Curb or Alley Each 32- gallon cart $9:4610.00 $2 -82.31 Each 96- gallon cart $46.0517.02 $3,743.93 Carry-Out Collection Each 32- gallon cart $15.2919.36 $4,224.47 Each 96- gallon cart $26.5228.10 $6-436.49 An overfill fee of two dollars and twenty othirty -five cents shall be imposed each time an automated cart is filled past its visible full limit or the cart lid will not close due to overfilling. A call -back charge of eleven-twelve dollars and thirty cightsix cents shall be imposed each time a customer requests refuse collection service at a time other than the regularly scheduled time. Metal bin service charges shall be as follows: Average Type of Residential Monthly Weekly Bin Service Charge Charge 2 -Yard Each bin, collected $77281.75 $17118.88 weekly Each additional bin $ $1-7,8418.88 Each additional pickup $462649.02 $49:6811.32 per bin 4 -Yard Each bin_ $4237130.77 $28:4930.20 weekly Each additional bin $4- 2637130.77 $2-8,4930.20 Each additional pickup $92 -5498.03 $24-3622.64 per bin 6 -Yard Each bin_ collected $169:63179.82 $39,4841.53 weekly Each additional bin $4693179.82 $39:4841.53 Average Type of Residential Monthly Weekly Bin Service Charge Charge Each additional pickup $438.7 7147.09 $32,9633.97 per bin 1 An overfill fee of eleven twelve dollars and fifty ccvcn twenty -six cents shall be imposed each time a bin is filled past its visible full limit or the bin lid will not close due to overfilling. Temporary 2 -Yard Bin Accounts: Initial Delivery/Rental Fee $38-5640.87 Pickup Charge $9410.22 Daily Service Fee $0.3234 Temporary 4 -Yard Bin Accounts: Initial Delivery/Rental Fee $6-1- 6965.39 Pickup Charge $15A216.34 Daily Service Fee $0.6454 Temporary 6 -Yard Bin Accounts: Initial Delivery/Rental Fee $81.8289.91 Pickup Charge $21.2122.48 Daily Service Fee $0.7475 2. In addition to the charges imposed by subsection (C)(1) of this section, a separate charge, to be known as the "yard service charge," is imposed on each residential unit that elects to receive yard material collection service from the city during the nine -month period of each year commencing March 1st and ending November 30th. Such service shall utilize one sixty- four - gallon cart or one or more ninety- six - gallon carts owned and provided by the city. The yard service charges shall be as follows: Average Type of Residential Yard Monthly Weekly Waste Service Charge Charge Each 64- gallon cart $6,-697.01 $1, 581.62 Each 96- gallon cart $12,4912.82 $2,7-92.96 Each additional 96- gallon $6-966.41 $1- 401.48 cart The appropriate charge shall be billed to each residential unit that elects to receive this service at the time and as a part of the billings rendered for other city services applicable for that nine -month period. A call -back charge of twelve dollars and thirty cightsix cents shall be imposed each time a customer requests yard material collection service at a time other than the regularly scheduled time. 3. All of the charges for garbage and refuse collection provided in subsections (C)(1) and (C)(2) of this section shall be billed for and paid at the same time and for the same period as billings and payments are made for other city utility services; or, in the event a customer is served by the refuse division but is not served with another city utility, garbage and refuse collection charges shall be billed and paid for according to the schedule which would be applicable to such customer were he so served with another city utility service. Accounts shall become delinquent if not paid within the time specified by YMC 7.50.080 for payment of water service charges. 4. Garbage and refuse collection charges will be suspended for any customer upon advance notice to the office of the division of utility accounts that a particular premises served will be unoccupied and such charges will be resumed on notice to such office to resume service. No such suspension of charges for garbage and refuse collection service will be made for any premises served with any other city utility unless all city utility service to such premises is likewise suspended. Application for resumption of service to a new customer shall be made to the office of the division of utility accounts on forms provided for that purpose which shall contain the name of the customer and the street address and number of units of the premises to be served. 5. Collection service may be suspended for nonpayment of accounts, but such suspension shall not relieve the person owing such account from the duty of complying with the provisions of this chapter or other ordinances pertaining to garbage, refuse, or sanitation. Such suspension of service shall render the premises where such collection service is suspended subject to condemnation for lack of sanitary requirements, and the owner or person in charge or in possession of said premises shall be subject to prosecution for maintaining a nuisance thereon, as well as enforcement of all other applicable laws. 6. Upon failure to pay such charges and upon delinquency, the amount thereof shall become a lien against the property from which the garbage collection service shall have been rendered. Such lien shall be made effective by filing a notice thereof specifying the charges, the period covered by the charges and giving a legal description of the premises at which the service was rendered. Such lien shall be filed with the same official and within the time and shall be foreclosed within the time and manner prescribed by law for filing and foreclosing liens for labor and material, and shall be superior to encumbrances filed subsequent to the filing of such lien, but shall be subject to all general taxes and local improvement assessments, whether levied prior or subsequent thereto. D. The yard material collection service, for which the yard service charge is imposed by subsection (C)(2) of this section, shall include the weekly collection of yard material from automated sixty- four - gallon or ninety- six - gallon carts furnished by the city department of public works during the nine -month period for which the yard service charge is billed to any particular premises. For collection purposes, the total weight of each cart including yard material deposited therein may not exceed two hundred pounds. Yard material larger than four inches in diameter or too long to fit within a yard waste cart when covered by its lid shall not be placed in a cart for collection, but may, upon proper request, be collected as special haul material. E. In addition to the regulations adopted and charges imposed by subsections C and D of this section, further charges are imposed in the following types of service: 1. A charge of two dollars and- twothirty -five cents, in addition to the surcharge for collecting refuse and yard material, shall be made for each extra container, bag, box or bundle of tree or shrub trimmings, collected from any particular residential premises. 2. For a special garbage pickup, actual cost shall be charged to the customer. Actual cost shall include the city's actual cost for labor, equipment rental, and landfill fees. The minimum charge for this service shall be twenty -five dollars." Section 2. This ordinance shall be in full force and effect 30 days after its passage, approval, and publication as provided by law and by the City Charter. PASSED BY THE CITY COUNCIL, signed and approved this 8th -13th day of December, X92011 ATTEST: David EdlcrMicah Cawley, Mayor By City Clerk Publication Date: Effective Date: 410 - - ORDINANCE NO. 2011 - AN ORDINANCE revising wastewater ready -to -serve charges to incorporate the 6% Utility _ • Tax increase directed by City Council; and amending Sections 7.60.020 and 7.60.025 of the Yakima Municipal Code; and providing related matters. WHEREAS, the City of Yakima (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 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 determines that the rates, fees, and charges contained in this Ordinance are fair, just and reasonable; and NOW, THEREFORE, BE IT ORDAINED BY THE CITY OF YAKIMA Section 1. Section 7.60.020 of the Municipal Code is amended to read as follows: 7.60.020 Owner (inside city) retail wastewater service charge. A. Wastewater Service Charge. There shall be charged to and collected from all premises within the city served by the city wastewater system a wastewater service charge composed of a ready -to -serve charge and a volume charge based on either the quantity of water supplied to the premises or, if metered, the quantity of wastewater discharged into the wastewater sewer system; provided, that in no event shall the total wastewater service charge be Tess than the minimum charge indicated below: Minimum Minimum Minimum charge charge charge effective effective effective January 13, January 1, January 1, 2012 2013 . 2014 $18.99 /month $19.79 /month $20.62 /month $0.6243/day $0.6506 /day $0.6779/day (1) Wastewater Service Charge - Schedules. The wastewater service charge shall be calculated and charged according to the following schedules: (a) Ready -to -Serve Charges. For all customers other than multiple -unit residential customers: Charges effective Charges effective Charges effective January 13, 2012 January 1, 2013 January 1, 2014 Water Meter Monthly Bimonthly Monthly Bimonthly Monthly Bimonthly Size (Inches) Charge Charge Charge Charge Charge Charge 3/4 $18.99 $37.98 $19.79 $39.58 $20.62 $41.24 1 $23.19 $46.38 $24.19 $48.38 $25.25 $50.50 1 -1/2 $28.95 $57.90 $30.25 $60.50 $31.61 $63.22 2 $44.49 $88.98 $46.58 $93.16 $48.78 $97.56 3 $158.89 $317.78 $166.82 $333.64 $175.15 $350.30 4 $201.33 $402.66 $211.42 $422.84 $222.03 $444.06 6 $300.35 $600.70 $315.49 $630.98 $331.40 $662.80 8 $413.22 $826.44 $434.12 $868.24 $456.09 $912.18 10 $822.95 $1,645.90 $864.74 $1,729.48 $908.67 $1,817.34 Daily rates for meters larger than three - quarters inch shall be calculated by dividing the monthly • charge by thirty. For multiple -unit residential customers, the monthly ready -to -serve charge shall be based on the number of accounts plus the number of dwelling units, according to the following: Ready -to -serve Ready -to -serve Ready -to -serve charges effective charges effective charges effective January 13, 2012 January 1, 2013 January 1, 2014 $11.53 /account $11.95 /account $12.38 /account + $7.46 /unit + $7.84 /unit + $8.24 /unit (b) Volume Charge. For all customers, the volume charge shall be determined by the following: Volume charge Volume charge Volume charge effective January 13, effective January 1, effective January 1, 2012 2013 2014 $2.72 per 100 cubic $2.86 per 100 cubic $3.01 per 100 cubic feet of water feet of water feet of water consumption or, if consumption or, if consumption or, if metered, quantity metered, quantity metered, quantity discharged discharged discharged • B. Strong Waste Surcharge. For customers located inside the city discharging wastewater which contains more than three hundred parts per million of biochemical oxygen demand (BOD) and /or total suspended solids (TSS), there shall be a surcharge, in addition to the ready -to- serve charge and the volume charge, which shall be calculated utilizing the national average values of BOD and TSS concentrations typical to each classification under the Standard Industrial Code or by actual concentrations verified by the city. If the customer chooses, at its expense, to install a sampling station, the strong waste charge shall be calculated based upon actual concentrations. Any testing done by the city may be charged at the rates set forth in YMC 7.60.105. The following formula shall be utilized to calculate the strong waste charge: Monthly surcharge = (unit costs per pound of BOD or TSS) times (weight of one gallon of water) times (customer's monthly volume in one hundred cubic feet divided by one thousand three hundred thirty- seven) times (customer's concentration of BOD or TSS in parts per million per [the national average values] or [verified concentrations] minus three hundred). In the foregoing formula, the applicable values are as follows: Effective Effective Effective January January 1, January 1, 13, 2012 2013 2014 • Unit . cost per pound for BOD $0.422 $0.464 $0.489 Unit cost per pound for TSS $0.424 $0.466 $0.491 Unit cost per pound for FOG $0.276 $0.276 $0.276 Weight of one gallon of water 8.34 pounds 8.34 pounds 8.34 pounds (Ord. 2009 -49 § 6, 2009: Ord. 2007 -65 § 3, 2007: Ord. 2005 -23 § 1, 2005: Ord. 2003 -75 § 3, 2003). Section 2. Section 7.60.025 of the Municipal Code is amended to read as follows: 7.60.025 Nonowner (outside city) retail wastewater service charge. A. Wastewater Service Charge. There shall be charged to and collected from all premises outside the city served by the city wastewater system a wastewater service charge composed of a ready -to -serve charge and a volume charge based on domestic water consumption; provided, that in no event shall the total wastewater service charge be less than the minimum charge indicated below: Minimum Minimum Minimum charge charge charge effective effective effective January 13, January 1, January 1, 2012 2013 2014 $26.68 /month $27.86 /month $29.11 $0.877'1/day $0.9159/day $0.9570 /day . (1) Wastewater Service Charge - Schedules. The wastewater service charge shall be calculated and charged according to the following schedules: (a) Ready -to -Serve Charge. For all customers other than multiple -unit residential customers: Charges effective Charges effective Charges effective January 13, 2012 January 1, 2013 January 1, 2014 Water Meter Monthly Bimonthly Monthly Bimonthly Monthly Bimonthly Size (Inches) Charge Charge Charge Charge Charge Charge 3/4 $26.68 $53.36 $27.86 $55.72 $29.11 $58.22 1 $32.95 $65.90 $34.46 $68.92 $36.04 $72.08 1-1/2 $41.54 $83.08 $43.48 $86.96 $45.52 $91.04 2 $64.77 $129.54 $67.89 $135.78 $71.18 $142.36 3 $235.72 $471.44 $247.57 $495.14 $260.02 $520.04 4 $299.13 $598.26 $314.21 $628.42 $330.06 $660.12 6 $447.09 $894.18 $469.71 $939.42 $493.49 $986.98 8 $615.72 $1,231.44 $646.95 $1,293.90 $679.76 $1,359.52 10 $1,227.98 $2,455.96 $1,290.43 $2,580.86 $1,356.07 $2,712.14 Daily rates for meters larger than three - quarters inch shall be calculated by dividing the monthly charge by thirty. For multiple -unit residential customers, the monthly ready -to -serve charge shall be based on the number of accounts plus the number of dwelling units, according to the following: Ready -to -serve charges Ready -to -serve charges Ready -to -serve charges effective January 13, 2012 effective January 1, 2013 effective January 1, 2014 $15.53 /account $16.14 /account $16.79 /account + $11.15 /unit + $11.72 /unit + $12.32 unit Daily rates for multiple -unit residential customers shall be calculated by dividing the monthly charge by thirty. (b) Volume Charge. For all customers, the volume charge shall be determined by the following: Volume charge Volume charge Volume charge effective effective Effective January 13, January 1, January 1, 2012 2013 2014 $4.14 per 100 $4.35 per 100 $4.57 per 100 • • cubic feet of cubic feet of cubic feet of water water water consumption or, consumption consumption if metered, or, if metered, or, if metered, quantity quantity quantity discharged discharged discharged B. Strong Waste Surcharge. For customers located outside the city discharging wastewater which contains more than three hundred parts per million of biochemical oxygen demand (BOD) and /or total suspended solids (TSS), there shall be a surcharge, in addition to the ready -to- serve charge and the volume charge, which shall be calculated utilizing the national average values of BOD and TSS concentrations typical to each classification under the Standard Industrial Code or by actual concentrations verified by the city. If the customer chooses at its expense to install a sampling station, the strong waste charge shall be calculated based upon actual concentrations. Any testing done by the city may be charged at the rates set forth in YMC 7.60.105. The following formula shall be utilized to calculate the strong waste (SW) charge: Monthly surcharge = (unit costs per pound of BOD or TSS) times (weight of one gallon of water) times (customer's monthly volume in one hundred cubic feet divided by one thousand three hundred thirty- seven) times (customer's • concentration of BOD or TSS in parts per million per [the national average values] or [verified concentrations] minus three hundred). In the foregoing formula, the applicable values are as follows: Effective Effective Effective January 13, January 1, January 1, 2012 2013 2014 Unit cost per pound for BOD $0.487 $0.535 $0.564 Unit cost per pound for TSS $0.477 $0.524 $0.552 Unit cost per pound for FOG $0.290 $0.290 $0.290 Weight of one gallon of water 8.34 pounds 8.34 pounds 8.34 pounds (Ord. 2009 -49 § 7, 2009: Ord. 2007 -65 § 4, 2007: Ord. 2003 -75 § 4, 2003). Section 3. Section 7.60.035 of the Municipal Code is amended to read as follows: 7.60.035 Septage and exceptional wastewater disposal charges. A. Septage Wastewater Disposal Charge. For septage wastewater disposed pursuant to Chapter 7.63, the following charge shall apply: Charge effective Charge effective Charge effective III January 13, 2012 January 1, 2013 January 1, 2014 $0.399 /gallon $0.420 /gallon $0.435 /gallon B. Exceptional Wastewater Disposal Charge. For exceptional wastewater disposed pursuant to Chapter 7.63, the charge shall be calculated by reference to the following formula: Exceptional Wastewater Charge = (Treatment Costs) + (Receiving Costs) + (Testing Costs) (1) Treatment Costs. Treatment costs shall be determined by reference to the following formula: Treatment Costs = [(UBOD/TSS) x (WW) x (V/1,337) x (CBOD/TSS)] + [(UV) x (V)] where: V = Volume discharged (in one hundred cubic feet); CBOD/TSS = Concentration of BOD or TSS (in parts per million); and the remaining values are as follows: Value effective January Abbreviation Meaning 14, 2008 UBOD/TSS Unit cost per pound of BOD or TSS $0.470 (BOD) $0.467 (TSS) WW Weight of one gallon of water 8.34 pounds UV Unit cost per one hundred cubic feet of volume $0.368 (2) Receiving Costs. Receiving costs shall be calculated by the wastewater manager and based on actual or estimated staff time, materials, and related costs incurred in connection with receiving the particular waste at issue. (3) Testing Cost. The costs of any testing are set forth in YMC 7.60.105. The wastewater manager shall have final authority over what tests shall be required for any discharge. C. The amount of the disposal fee, at the rate specified in subsection A or B of this section, shall be based upon the actual quantity measured and discharged. Measurement shall be through methods and instruments as determined by the city. (Ord. 2007 -65 § 6, 2007: Ord. 2003 -75 § 6, 2003). Section 4. Section 7.60.105 of the Municipal Code is amended to read as follows: 7.60.105 Rates, charges and fees for pretreatment program. A. It is the purpose of this section to provide for the payment of rates, charges and fees for certain discharges to the wastewater system, to compensate the city for the cost of administration of the pretreatment program established in Chapter 7.65. Connection charges for dischargers subject to Chapter 7.65 are as set forth in Chapter 7.68 of this code. 4110 B. Rates, Charges and Fees to Be Published. The wastewater manager shall maintain a schedule of current rates, charges and fees, shall post such schedule conspicuously, and shall make copies available to interested persons. Upon request, the wastewater manager shall prepare an estimate of annual fees for a significant industrial user. C. Significant Industrial Users (SIUs). Commencing on the effective date of the ordinance codified in this section, SIU permit fee amounts shall be set at ninety percent of that amount identified in the industrial facility categories of WAC 173 - 224 -040. The permit fee shall cover the costs of administering the SIU wastewater discharge permit program including inspections, technical assistance, education, and compliance administration. Costs associated with any sampling and testing shall be in addition to the permit fee. This annual fee is based on the state's fiscal year (July 1st —June 30th). D. Base Fee for Minor Industrial Users (MIUs). Commencing on the effective date of the ordinance codified in this section and until amended pursuant to subsection F of this section, minor industrial users (as defined in Chapter 7.65) shall pay a base fee for pretreatment service. Charge Charge. Charge Effective Effective Effective January 13, January 1, January 1, 2012 2013 2014 MIU base $102.32/ MIU base $102.32/ MIU base $102.32/ fee month fee month fee month Owner at 80% $81.86/ Owner at 85% $86.97/ Owner at 90% $92.09/ (Inside City) month (Inside City) month (Inside City) month The daily rate for MIUs shall be the monthly rate divided by thirty. Significant industrial users shall not be subject to a base rate. E. Charges and Fees for Related Services. Commencing on the effective date of the ordinance codified in this section and until amended pursuant to subsection F of this section, significant industrial users shall pay the sampling and laboratory testing charges and fees provided below for those specific services described or listed below. All customers shall also be subject to the sampling, laboratory testing, and flat rate charges and fees provided below, in addition to any base rate provided for in subsection D of this section, but only for those services requested by the customer or provided as part of a required compliance inspection. (1) Sampling Charge. The sampling charge includes sampler set -up, pick -up, and statistical analysis, as well as billing program charges from the customer service t manager. The sampling fee is based on the length of the sampling period, pursuant to the following schedule: Charge Effective November 2, Sampling Period 2009 First day $222.60 Each subsequent day in the same $91.47 sampling period (2) Laboratory Testing Fees. A laboratory testing fee is assessed for each type of test conducted on each sample. Fees are assessed pursuant to the following schedule: Charge Effective Test November 2, 2009 BOD-- Biochemical Oxygen Demand $48.25 TSS- -Total Suspended Solids $48.25 — pH $24.12 BOD Soluble $72.37 COD $48.25 COD Soluble $72.37 TDS $48.25 Alkalinity (Carbonate) $24.12 Ammonia (Ion Selective Probe) $24.12 Chlorine Residual (Colorimetric) $24.12 Dissolved Oxygen (Azide) $24.12 Dissolved Oxygen (Membrane) $24.12 Fecal Coliform $72.37 FOG - -Fats, Oils and Grease $96.50 MPN $482.50 Nitrate $48.25 Nitrite $48.25 Organic/Volatile Acids $24.12 • Total Volatile Solids $48.25 BNA (b) Semivolatiles Outside Market Costs • BTEX (b) $294.48 Metals $368.11 Metals Graphite Furnace $515.35 Pesticides /PCBs $809.83 BTEX (b) Outside Market Costs Notes: • (a) This testing is conducted by an outside laboratory. The actual fee will be based on the actual cost of the test performed, plus any related costs and taxes incurred. (b) Glossary: BNA: Base Neutral Acids (Semivolatile Organic Compounds). BTEX: Benzene, Toluene, Ethylbenzene, and Xylene (Highly Volatile Hydrocarbons). TPH: Total Petroleum Hydrocarbons (includes oils, gasoline, diesel, and other fuels). (3) Other related service fees are assessed on each of certain transactions or • services, pursuant to the following schedule: Charge Effective November 2, 2009 Transaction or Service Discharge authorization (a) LS $503.93 Compliance inspection HR $132.87 Dye testing HR $132.87 Smoke testing HR $132.87 TVing (location) HR $190.96 TV new construction (we do) LF $2.02 TV new construction (they do) LF $1.33 Notes: (a) Includes only the first 50,000 gallons of flow. See Chapter 7.65. F. Amendment of Base Rates, Charges and Fees. (1) The base rate or rates ( "rates" for purposes of this subsection) set forth in subsection D of this section may be amended from time to time by ordinance of the city council. Any such amendment shall be based upon changes in the city's cost of providing wastewater 410 pretreatment service as reflected in the city's annual budget. The base rates set forth in subsection D of this section are to be billed at eighty (80 %) percent beginning in 2012, eighty - five (85 %) percent beginning in 2013, and ninety (90 %) percent beginning in 2014 for customers located within the city limits. Other customers will be billed at one hundred percent of base rates. These percentages may be amended by ordinance of the city council. (2) The charges and fees set forth in subsection E of this section may be amended from time to time by ordinance of the city council upon recommendation of the wastewater manager. Such amendments shall be based on changes in the costs of providing sampling, laboratory and miscellaneous wastewater pretreatment services. In determining whether there has been a change in the costs of providing service, the city council may consider the city's expenses associated with obtaining services from private laboratories and other third persons, and the city's own administrative and other costs. The charges and fees set forth in subsection E of this section are to be billed at eighty (80 %) percent beginning in 2012, eighty -five (85 %) percent beginning in 2013, and ninety (90 %) percent beginning in 2014 for customers located within the city lirnits. Other customers will be billed at one hundred percent of the charges and fees set forth in subsection E. These percentages may be amended by ordinance of the city council. G. Money to Be Credited to Wastewater Operating Fund. All moneys collected pursuant to this section shall be paid into and credited to the wastewater operating fund as provided in Chapter • 3.101. (Ord. 2009 -49 § 9, 2009: Ord. 2007 -65 § 14, 2007: Ord. 2003-75§ 14., .2003). Section 5. This ordinance shall be in full force and effect thirty (30) calendar days after its passage, approval and publication as provided by law and by the City Charter. PASSED BY THE CITY COUNCIL at a regular meeting and signed and approved this 13 day of December, 2011. ATTEST: Micah Cawley, Mayor Deborah Kloster, City Clerk Publication Date: Effective Date: • ORDINANCE NO. 2011 - AN ORDINANCE revising wastewater ready -to -serve charges to incorporate the 6% Utility Tax increase directed by City Council; and amending Sections 7.60.020 and 7.60.025 of the Yakima Municipal Code; and providing related matters. WHEREAS, the City of Yakima (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 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 determines that the rates, fees, and charges contained in this Ordinance are fair, just and reasonable; and NOW, THEREFORE, BE IT ORDAINED BY THE CITY OF YAKIMA Section 1. Section 7.60.020 of the Municipal Code is amended to read as follows: 7.60.020 Owner (inside city) retail wastewater service charge. A. Wastewater Service Charge. There shall be charged to and collected from all premises within the city served by the city wastewater system a wastewater service charge composed of a ready -to -serve charge and a volume charge based on either the quantity of water supplied to the premises or, if metered, the quantity of wastewater discharged into the wastewater sewer system; provided, that in no event shall the total wastewater service charge be less than the minimum charge indicated below: Minimum ` Minimum Minimum Minimum ( Formatted: Not Highlight charge charge charge charge ( Formatted Table effective effective effective effective Nov.. er 2 , January 13,,, _ January 1 January 1 _ (Formatted: Font: Bold, Not Highlight 9 2012 2013 2014 - Formatted: Not Highlight $14.79 /month ,$18.99 /month $19.79 /month 520.62 /month Formatted: Font: Bold, Not Highlight Formatted: Not Highlight j $0.4862/day §0.6243/day $0.6506/day $0.6779/dax_ _ _ _ ( Formatted: Not Highlight (1) Wastewater Service Charge - Schedules. The wastewater service charge shall be calculated and charged according to the following schedules: (a) Ready -to -Serve Charges. For all customers other than multiple -unit residential customers: I Chargesoffestive Charges effective Charges effective Charges( Formatted: Centered ) January 13, 2012 January 1, 2013 Janua Formatte T Water Meter Monthly Bimonthly _ Monthly Bimonthly Monthly ,Bimonthly monthly (Formatted: Not Highlight ) Size (Inches) Charge Charge Charge Charge Charge Charge Charge ( Formatted: Not Highlight 3/4 $14,7-8 ,$2.9,58 62 Formatted: Not Highlight ' Formatted: Not Highlight $29,58 $18.99 $37.98 $19.79- - - - $39.58 ) rm 1 $a-8 8 $37-7b6 $23.19 $46.38 $24.19 $48.38 $25.25' Formatted: Not Highlight ) 1-1/2 $2 31.61 ' Formatted: Ce ntered 1,4-8 h $28.95 $57.90 _ _ _ $30.25 $60 _ 1 2 $39-06 $78.10 $44.49 $88.98 $46.58 $93.16 $48.78 Formatted: Not Highlight Formatted: Not Highlight ) 3 $147.98 $28589 $ 158.89_ _ $317.78 _ _ $166.82_ - _$333.64 - - 175.15 Formatted: Not Highlight ) 4 $188 -28 6 $201.33 - $402.66 $211.42 $422.84 $222.03 Formatted: Not Highlight ) 6 $282:49 $561.98 $300.35- - $600.70 _ - $315.49_ _ - $630.98 $331.40 Formatted: Not Highlight ) Formatted: Not Highlight 1 8 $389.86 $779.72 _ - $413.22_ - - $826.44 _ _ $434.12_ _ _$868.24 $456.09 Formatted: Not Highlight ) 10 $77 -9.73 $1,650. $822.95 $1.645.90 $864.74 $1,729.48 $908 67 Formatted: Not Highlight I • Daily rates for meters larger than three - quarters inch shall be calculated by dividing the monthly Formatted: Not Highlight J charge by thirty. Formatted: Not Highlight ) For multiple -unit residential customers, the monthly ready -to -serve charge shall be based on the number of accounts plus the number of dwelling units, accordingto the following: Ready -te -serve Ready -to -serve _ _ ,Ready-to-serve Ready-to -serve ( Formatted: Not Highlight ) chafg°°2 charges effective charges effective charges effective ormatted: Not Highlight November-2, 2009 January 1 3, 2012, _ January 1, 2013 January 1, 2014 ( Formatted: Not Highlight ( Formatted: Not Highlight ) $7.60 /account $11.53 /account $11.95 /account $12.38 /account ( Formatted: Font: Bold, Not Highlight ) + $7.10 /unit + $7.46 /unit + $7.84 /unit + $8.24 /unit ( Formatted: Font: Bold, Not Highlight ( Formatted: Not Highlight Section 2. Section 7.60.025 of the Municipal Code is amended to read as follows: 7.60.025 Nonowner (outside city) retail wastewater service charge. A. Wastewater Service Charge. There shall be charged to and collected from all premises outside the city served by the city wastewater system a wastewater service charge composed of a ready -to -serve charge and a volume charge based on domestic water consumption; provided, that in no event shall the total wastewater service charge be less than the minimum charge indicated below: Minimum Minimum Minimum Minimum ( Formatted: Not Highlight eharge charge charge charge effective effective effective effective Nov°av mba`" -r -c�' ^� 2 , January 13,, January 1, January 1, - - - -( Formatted: Not Highlight 1 2-089 2012 2013 2014 $22.10 /month $26.68 /month $27.86 /month $29.11 ( Formatted: Not Highlight I $0.7266/day §0.8771 /day, $0.9159/day $0.9570/day, ( Formatted: Not Highlight 1 (1) Wastewater Service Charge - Schedules. The wastewater service charge shall be calculated and charged according to the following schedules: (a) Ready -to -Serve Charge. For all customers other than multiple -unit residential customers: r efract.we Charges effective Charges effective Charges{ Formatted: Not Highlight 1 November-2,2849 January 13., 2012 January 1, 2013 Januar Formatted: Not Highlight I Water Meter Monthly &monthly Bimonthly - Monthly Bimonthly Monthly Bimonthly Monthly ( Formatted: Not Highlight 1 Size (Inches) Charge Charge Charge, Charge Charge Charge Charge Charge 3/4 $22.10 - - $44.20 - $26.68 $53.36 $27.86 $55 72 $29.11 i Formatted: Not Highlight 1 $ 2-8, 07 $6614 $32.95 $65.90 $34.46 $68.92 $36.04 i Formatted: Not Highlight I 1 -1/2 $36.21 - $72748 $41.54 $83.08 $43.48 $86.96 $45.52 c Formatted: Not Highlight 2 $08734 $1 -16.68 $64.77 $129.54 $67.89 $135.78 $71.18 Formatted: Not Highlight ' Formatted: Not Highlight 3 ,$221.00 $442.00 $235.72 $471.44 $247.57 _ $495.14 $ 260 . 02 F ormatted: N o t Highlight 4 $281.33 $862666 $299.13 $598.26 $314.21 $628.42 $330.06 Formatted: Not Highlight 6 $4221 $844722 $447.09 $894.18 $469.71 $939.42 $493.49 Formatted: Not Highlight Formatted: Not Highlight 8 $582.56 $1,165.12 $615.72 $1,231.44 $646.95 $1,293.90 $679.76 g i Formatted: Not Highlight 10 $1.165.11 $2,330.22 $1.227.98 $2,455.96 $1,290.43 $2,580.86 $1.356.07 i Formatted: Not Highlight 1 Daily rates for meters larger than three - quarters inch shall be calculated by dividing the monthly charge by thirty. For multiple -unit residential customers, the monthly ready -to -serve charge shall be based on the number of accounts plus the number of dwelling units, according to the following: R t -ser charges Ready -to -serve charges Ready-to -serve charges Ready-to -serve Formatted Table ____J eff N ovem b e r 0 2009 effective January 13, effective January 1, 2013 effective Januar, Formatted: Not Highlight 1 2012 Formatted: Not Highlight 1 I $11.10 /account 315.53 /account $16.14 /account $16.79/account ( Formatted: Not Highlight $10.61 /unit + $11 15 /unit + $11.72 /unit + $12.32 unit Daily rates for multiple -unit residential customers shall be calculated by dividing the monthly charge by thirty. Section 3. This ordinance shall be in full force and effect thirty (30) calendar days after its passage, approval and publication as provided by law and by the City Charter. PASSED BY THE CITY COUNCIL at a regular meeting and signed and approved this 13 day of December, 2011. ATTEST: Micah Cawley, Mayor Deborah Kloster, City Clerk Publication Date: Effective Date: • ORDINANCE NO. 2011 -59 AN ORDINANCE regarding "in lieu" utility tax revenue; increasing the "in lieu" utility tax rates for water, wastewater and refuse and adding an "in lieu" utility tax assessment for stormwater assessments in the amount of six percent per annum per utility; and amending Chapter 7.64 and Sections 4.16.180 and 5.50.060 of the Yakima Municipal Code. BE IT ORDAINED BY THE CITY OF YAKIMA: Section 1. Chapter 7.64 of the Yakima Municipal Code is amended to read as follows: Chapter 7.64 WATER, WASTEWATER, STORMWATER AND REFUSE REVENUE TAX Sections: 7.64.010 Purpose and findings. 7.64.020 Water and wastewater tax. 7.64.030 Refuse tax. 7.64.040 Stormwater tax 7.64.050 When payable. 7.64.060 Source of taxes Section 2. Section 7.64.020 of the Yakima Municipal Code is amended to read as follows: 7.64.020 Water and wastewater tax. A. For the provision of water and wastewater services, there is levied a tax against the total gross revenue of the water operating fund and the wastewater operating fund derived from domestic water, wastewater, pretreatment, food processing wastewater, septage and exceptional wastewater disposal, diverted flow, and connection charges. The rate of the tax for calendar year 2012 and the following years shall be as follows: All service charges 20% B. 1. The water and wastewater tax shall not be applied against that portion of the total gross revenue of the wastewater operating fund which is collected as debt coverage for the wastewater debt. 2. Commencing on the effective date of the ordinance codified in this chapter, the water and wastewater tax shall not be applied against that portion of the total gross revenue of the water operating fund which is collected as debt coverage for water debt issued after the effective date of said ordinance. For use in this chapter, "debt coverage" shall mean that revenue collected specifically to meet the requirements of bonded debt coverage and state revolving loan coverage. C. The water and wastewater tax shall not be applied against that portion of the total gross revenue of the wastewater operating fund which constitutes payment by the Terrace Heights 1 sewer district or the city of Union Gap of charges imposed under the agreement dated February 23, 1976 or the settlement agreement dated September 9, 1997. Section 3. Section 7.64.030 of the Yakima Municipal Code is amended to read as follows: 7.64.030 Refuse tax. For the provision of refuse services, there is levied a fifteen(15) percent tax against the total gross revenue of the refuse fund derived from refuse collection and disposal service charges. Section 4. Section 7.64.040 is added as a new Section to read as follows: 7.64.040 Stormwater Tax. For the provision of stormwater compliance and stormwater collection services there is levied a tax against the total assessments collected from annual stormwater assessment charges. Commencing January 1, 2012, and effective annually thereafter, the rate of the tax shall be six (6) percent. Section 5. Section 7.64.040 of the Yakima Municipal Code is amended to read as follows: 7.64.050 When payable. The taxes provided by this chapter shall be due and payable on or before the fifteenth day of each month on the basis of gross revenues billed for the last preceding calendar month. Section 6. Section 7.64.050 of the Yakima Municipal Code is amended to read as follows: 7.64.060 Source of taxes. The taxes provided by this chapter shall be paid by a transfer of funds from the wastewater operating fund, the water operating fund, stormwater operating fund and the refuse fund, respectively, to the current expense fund of the city of Yakima, and the city finance director is authorized and directed to make such transfers each month as are necessary to accomplish payment and collection of the taxes levied by this chapter. Section 7. Section 4.16.180 of the Yakima Municipal Code is amended to read as follows: 4.16.1 80 Collection of garbage in business class— License and tax — Regulations. A. License Required. No person, association or corporation shall engage in the business of collecting and hauling garbage, refuse or debris within the city or in gathering the same within the city for disposal at some point or area outside of the city without obtaining a license therefor and complying with the regulations of this section. B. Application— Fee —Bond. Written application for the licenses or renewals thereof on forms provided by the city clerk shall be accompanied by payment of a yearly basic license fee of ten dollars, payable on or before January 1st of each year. The term of the license shall commence on January 1st of each year. In the event of an application for a license for a period of less than one year, the basic fee shall nevertheless be paid in full. The basic fee of ten dollars shall be 2 credited against the license tax provided for by subsection C of this section. Upon notification to the city clerk, licenses may be transferred to purchasers or assigns of the licensee's equipment or business. No basic fee shall be refunded. At the time of making application, the applicant shall furnish a bond in the amount of five thousand dollars, issued by a surety company authorized to do business in the state of Washington, the form of which bond shall be conditioned on the faithful compliance by the applicant with the provisions of this chapter, and further conditioned that the collection, transportation and disposal of garbage, refuse and debris shall be carried on by applicant according to the laws of the state of Washington, the ordinances of the city of Yakima and the rules and regulations of the Yakima County Health District. C. License Tax Imposed— Amount. (1) Commencing February 1, 1991, and effective until December 31, 1992, there is levied upon every person, association or corporation holding a license for the collection and hauling of garbage, refuse or debris within the city or in gathering the same within the city for disposal at some point or area outside of the city, a tax for the privilege of doing so, such tax to be equal to eight percent of the cash receipts from all customers within the city served by the license holder. Such tax shall be due and payable in quarterly installments, for quarters ending with the last days of March, June, September and December of each year, and remittance therefor shall be made on or before thirty days after the end of the quarterly period for which it is due. • (2) Commencing January 1, 1993, and effective until December 31, 1993, there is levied upon every person, association or corporation holding a license for the collection and hauling of garbage, refuse or debris within the city or in gathering the same within the city for disposal at some point or area outside of the city, a tax for the privilege of doing so, such tax to be equal to ten (10) percent of the cash receipts from all customers within the city served by the license holder. Such tax shall be due and payable in quarterly installments, for quarters ending with the last days of March, June, September and December of each year, and remittance therefor shall be made on or before thirty days after the end of the quarterly period for which it is due. (3) Commencing January 1, 1994 and effective thereafter, there is levied upon every person, association or . corporation holding a license for the collection and hauling of garbage, refuse or debris within the city or in gathering the same within the city for disposal at some point or area outside of the city, a tax for the privilege of doing so, such tax to be equal to ten (10) percent of the cash receipts from all customers within the city served by the license holder. Such tax shall be due and payable in quarterly installments, for quarters ending with the last days of March, June, September and December of each year, and remittance therefor shall be made on or before thirty days after the end of the quarterly period for which it is due. (4) Commencing January 1, 2012 and effective thereafter, there is levied upon every person, association or corporation holding a license for the collection and hauling of garbage, refuse or debris within the city or in gathering the same within the city for disposal at some point or area outside of the city, a tax for the privilege of doing so, such tax to be equal to sixteen (16) percent of the cash receipts from all customers within the city served by the license holder. Such tax shall be due and payable monthly and • 3 remittance therefore shall be made on or before thirty days after the end of the last • preceding calendar month for which it is due. D. Manner of Payment —Audit of Records of Licensee. Payment of the tax imposed by subsection C of this section shall be made to the office of the treasurer of the city of Yakima accompanied by a report of the licensee of the amount of gross cash receipts from customers within the city for the period for which the tax is paid, which report shall contain such information as may be deemed necessary or desirable by the treasurer to administer the collection of such tax. License holders shall afford access at all reasonable times to their books and records for inspection and audit by the city finance officer or other auditor appointed by the city manager or engaged by the city for that purpose, for the purpose of verifying the accuracy of reports and the amounts of tax payments made to the city treasurer pursuant to this section. E. Rules and Regulations. There are established the following rules and regulations for the collection and hauling of garbage, refuse and debris in the business classification, as defined by Section 4.16.140: 1. The beds of all trucks used by licensee within the city shall be of metal construction and completely watertight. Truck beds must be kept clean and free of any accumulation of garbage or other refuse. 2. All licensed collectors, after loading trucks, must leave all alleys and streets in a clean and sanitary condition. Such collectors shall not permit any material to be dropped or spilled from trucks in or upon any of the public ways of the city. 3. The charge for collection in the business class shall be paid by the owner or person in • charge of the place from which such garbage or refuse shall be removed. Such charge shall be agreed upon between such person and the collector. Each licensed collector shall furnish to the city of Yakima semiannually a list of all accounts and frequency of collection thereof. 4. The owner or person in control or charge of each building in the business class shall maintain for refuse storage and disposal metal containers of good and watertight construction with no dents of not more than thirty - gallon capacity with a handle on each side thereof and tightfitting lids, the gross weight of which container when full shall not exceed seventy -five pounds. In lieu of such containers, the premises may be served with dropoff bins; provided, bins with a capacity of 1.5 cubic yards (40.5 cubic feet) or greater shall not be stored within five feet of combustible walls, openings or combustible roofline eaves. Refuse containers shall be placed on the premises in such a manner and at such a location so as to be readily accessible for collection and shall not be kept on the street, alley, sidewalk or other public place; provided, that garbage cans or other approved containers may be placed on a platform or rack in the alley in back of the premises in a location approved by the code administration manager with the lids for the cans or containers chained and locked or otherwise secured to the platform or rack. Lids shall not be removed except while refuse is being placed in or removed from the receptacles. F. Revocation of License. A license issued pursuant to this section is subject to revocation by the city manager on a hearing conducted by him, after notice of such hearing given to the licensee no less than five days prior to the date of such hearing, on the finding by the city • 4 • manager that a licensee has failed to comply with any provision of this section or with any city ordinance applicable to the conduct of the business of the licensee. In the event of the revocation of a license by the city manager as provided herein, the licensee shall have the right to a hearing on the matter by the city council on the filing with the city clerk of a written notice of appeal within ten days after the city manager's revocation of the license. The decision of the city council on such appeal shall be final and conclusive. G. Purpose of Section. This section is enacted to provide regulation of the business of garbage collection within the city and to provide revenue for the operation of necessary city functions. Section 8. Section. 5.50.060 of the Yakima Municipal Code is amended to read as follows: 5.50.060 Water businesses. There is levied and shall be collected as an annual license fee or tax against persons on account of business activities, in the amount to be determined by application of the rates herein prescribed, as follows: 1. Commencing January 1, 1990, and effective until December 31, 1990, upon every person engaging in or carrying on the business of selling or furnishing potable water, a fee or tax equal to six percent of the total gross revenue derived from such business in the city of Yakima. • 2. Commencing January 1, 1991, and effective until December 31, 1992, upon every person engaged in or carrying on the business of selling or furnishing potable water, a fee or tax equal to twelve percent of the total gross revenue derived from such business in the city of Yakima. 3. (a) Commencing January 1, 1993, and effective until December 31, 1993, upon every person engaged in or carrying on the business of selling or furnishing potable water, a fee or tax equal to fourteen percent of the total gross revenue derived from such business in the city of Yakima. (b) Commencing January 1, 1994, and effective thereafter, upon every person engaged in or carrying on the business of selling or furnishing potable water, a fee or tax equal to fourteen percent of the total gross revenue derived from such business in the city of Yakima. 4. Commencing January 1, 2012, and effective thereafter, upon every person engaged in or carrying on the business of selling or furnishing potable water, a fee or tax equal to twenty (20) percent of the total gross revenue derived from such business in the city of Yakima. The city of Yakima shall not be subject to the license fee or tax imposed by this section. Section 9. If any section, subsection, paragraph, sentence, clause or phrase of this ordinance is declared invalid or unconstitutional for any reason, such decision shall not affect the validity of the remaining portions of this ordinance. 5 • Section 10. This ordinance shall be in full force and effect 30 days after its passage, approval, and publication as provided by law and by the City Charter. PASSED BY THE CITY COUNCIL, signed and approved this 6 day of December, 2011. /s/ Micah Cawley ATTEST: Micah Cawley, Mayor /s/ Deborah Kloster City Clerk Publication Date: December 9, 2011 Effective Date:, January 8, 2012 411 6 RA //) MEMORANDUM To • Honorable Mayor and Members of the Yakima City Council From: Dave Ettl, Council Member Date: December 12, 2011 Re: budget proposal Hello fellow City Council persons. I have a pre -LAST- meeting -of- the -year proposal for your consideration. I plan to make a motion at tomorrow's meeting and because of its potential impact on the future; I didn't want it to catch you off guard. As it stands now we have approved a 6% utility tax increase that will raise $2 million a year and will basically just maintain the status quo in terms of service to City residents. I am of the belief that such an increase in tax, without an upgrade in service, should be voted on by the public. I believe Bill Lover expressed a similar concern at the last meeting. Rick Ensey has indicated his interest in overturning the vote next year because he doesn't believe the people want it or can afford it. We hear over and over "live within your means ". Rick has indicated he has Sara Bristol's agreement. Is Rick right? Is that what people want? I am willing to find out. Will the residents be willing to vote to overturn the utility tax increase for no increase in service? I believe they will. I think most of us believe that such a vote would fail at the polls. I don't know if I would join a Council vote to overturn the tax or not because I PREFER a citywide vote on the issue as I have said from the beginning. So, if Rick trusted City residents to vote no, and thus was willing to put it up to a vote in the new year, I could certainly support that. If Bill and Sara agree, which I assume they would, the tax increase with its six police officers dangling in the balance would go back to City voters. Then we would all know for sure how voters feel about the current Priorities of Government (POG) model budget reinstatements. If Rick is wrong, and the public votes yes and nothing changes, then we get what we have. If he is right, and the public votes no, then that will result in no tax increase and the loss of six police officers. This would come at a time when the Congressional Quarterly has just reinforced what we already know about Yakima's crime and gang problem. Yakima is ranked as one of the 10 worst cities for crime in the nation for a city of our size The questions to consider are: 1. Is this what's best for the city at this time? 2. Do you believe that Rick will really move to rescind the vote after Dave Edler is off the council? 3. Is a public vote a risk that Maureen, Kathy, Dave Edler and Micah (four of the five original "yes" votes) are prepared to take? Now, to my point. At the last meeting I made a motion for a 5% increase with the money funding 10 police and reserves. As you will recall, this motion was voted down. In retrospect a "yes" vote would have done much needed good to law enforcement and would have negated the threat of an overturn. Hey, even the Yakima Herald Republic editorial board wrote that I had a point when it quoted me as saying we missed a huge opportunity to bolster police and fight crime. So, tomorrow I will make a new motion. I ask you to consider its merit in Tight of our crime fighting needs, the likelihood of the current tax being overturned, and the important messages we need to send to our community, criminals, and gangs. I will move that we reallocate the 6% utility tax distribution from reinstating P.O.G. model cuts to substantially investing in fighting our crime problem. In essence that motion will: 1.) Make the P.O.G cuts and the supplemental cuts as outlined by the City Manager sending a message to the residents of Yakima that we are prepared to suck it up, make tough million -plus dollar cuts to the general budget, and position ourselves to better "live within our means ". 2.) Insure the implementation of the 6% utility tax which would be used to hire, train, and outfit 12 police officers, preserve the prosecuting attorney's secretarial capability, hire a Gang Free Initiative Coordinator, set money aside for a Gang Free Initiative (GFI) program implementation, and set aside some money to offset anticipated cuts in State shared revenue to the City. This would send a message to the criminals and gangs that we are serious and proactive about our number one community priority of Public Safety. It would also send a message to our residents that we acknowledge that extreme times, such as our current criminal climate, call for extreme measures such as a utility tax increase. We would take additional steps above and beyond what we are doing now to create a safer community where ultimately business and prosperity will feel safe in returning. We say it all the time . "until we get a handle on gangs and crime... blah blah blah ". Now it's time to step up. 3.) In addition, we already made a sizeable investment in time, money and community effort in the GFI which has more or less stalled out due to lack of funding. This can be an important weapon in the war on gangs and had to be implemented or we risk losing all interest, momentum, and the value of past investment. 4.) Yes, we are open to unions going after the money But yes, we are still open to that even without additional money being raised Generally speaking, the money breaks down this way. Cost for 12 additional police officers per year $1,100,000* Cost to outfit and train (one time) $500,000 ** * *These costs will be phased in over the course of 15 months -- hiring can be regulated not to exceed $1.3 million in year one ** Secretarial help for Prosecutor $80,000 Gang Free Coordinator $80,000 Gang Free program Implementation $140,000 Money set aside to offset anticipated state cuts $400,000 Total $2,000,000 After the initial training and outfitting, as we continue to fight gangs and crime in subsequent years, the $500,000 can be used for other law enforcement needs and proven effective GFI programs. If there is support for this plan with even three of the four votes that passed the original utility tax, I think it is safe to say it will hold up in the new year and will pay dividends to our City's safety for years to come. If there isn't enough support for it to pass there is a pretty good chance the emotion of tax burdened voters will decide the future direction of our City and its safety I prefer my plan but I can live with either. Thanks for your consideration in the difficult matter of taxation in tough times versus the need for public safety Call if you have any questions. 949 -6931 J ■Shri ed t21�3 1) /1 MEMORANDUM To Honorable Mayor and Members of the Yakima City Council From Don Cooper, City Manager Date December 13, 2011 Re Crime statistics As you are discussing the 2012 budget and proposed utility tax increase today, I thought it would be helpful to review some of the history on increased taxes and additional police officers In November 2006, voters rejected increasing the City's utility tax rate on private utilities by 1 5% to fund enhancements to the City's criminal justice system which included hiring 22 new officers The projected revenue was $3 35 million At the time, Part 1 crimes (homicide, rape, robbery, aggravated assault, burglary, theft, auto theft and arson) reached an all -time high at 9,078 The population then was 82,867 and the City had 126 officers which represented 1.52 officers per thousand people. In 2007 the Council considered a modified plan that would have added 11 new officers at a cost of approximately $1 6 million. In 2008, a modified Safe Community Action Plan was implemented using the $745,800 from the Library Property Tax Gain of 2007 and other general fund revenues. The funds were dedicated specifically to criminal justice. This funding allowed the hiring of six new officers, promoting one officer to sergeant, adding a crime analyst, hiring one court clerk, hiring a crime free rental housing program assistant, and provided funds for other non - personnel costs. In 2008 Yakima's part 1 crimes dropped to 7,664. In 2009 they dropped again to 6,878 In 2009, part 1 crimes were at 7,273. The population in 2011 is at 91,067 and the City has 139 officers (including six unfilled positions), which represents 1 53 officers per thousand people Without the six vacant officer positions filled, the officer per thousand ratio would be 1 46. About two months ago (latest information available), part 1 crimes were down approximately 3% compared to 2010 figures. If you decide to place the utility tax increase before a vote of the people, the cost for a special election would be approximately $70,000. Election costs would, of course, need to be added to the budget.