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HomeMy WebLinkAboutOrdinance No. 2021-003 An Ordinance of the City of Arlington, Washington Amending Arlington Municipal Code Chapter 13.12 Pertaining to Utility Rates ORDINANCE NO. 2021-003 AN ORDINANCE OF THE CITY OF ARLINGTON, WASHINGTON AMENDING ARLINGTON MUNICIPAL CODE CHAPTER 13.12 PERTAINING TO UTILITY RATES WHEREAS, the City of Arlington has the authority to set rates and charges for its utility system; and WHEREAS, the City's Public Works department conducted a utility billing analysis in 2018 to determine the cost of service to provide water and wastewater services to Arlington's utility customers; and WHEREAS, based on further analysis completed by staff in 2020, the City proposes to maintain the current 2020 rates for 2021 for all customer classes; and WHEREAS, the City Council considered this amendment at their workshop on January 11, 2021 and at their regular meeting held on January 19, 2021, and determined approving the amendment was in the best interest of the City and its citizens; NOW, THEREFORE, the City Council of the City of Arlington do hereby ordain as follows: Section 1. Arlington Municipal Code Section 13.12.040 shall be and hereby is amended to read as follows: 13.12.040 - Water rates and charges. Applicable state and city utility taxes are included in the following rates and charges for water service. The total monthly water charges for every service shall include the Base Charge, and the consumption charge, as set forth below. Beginning on January 15, 2022, the rates set forth for the year 2021 shall be increased annually by the October reported percentage increase of the consumer price index (CPI) for the Seattle-Tacoma-Bremerton area for all urban consumers, or other measure commonly used by the city should it change; provided, however, that no CPI adjustment shall be made for the period from January 15, 2021 to January 14, 2022; and provided further, however, that notwithstanding any reduction in the CPI, rates shall not decrease. ORDINANCE NO. 2021-003 1 (1 Minimum monthly Base Charge schedule: Basic Charge By Meter Size 2021 RATES 5/8 "—3/4" $32.15 1" $44.96 1.5" $57.78 2" $93.07 3" $353.50 4" $450.05 (2) Monthly rate schedule charged for water consumption: Consumption Rate per 2021 RATES 100 cubic feet(cf) $2.94 Note -Included in Base First 300 cf Charge for SFR and Commercial water services only Next 700 cf , $2.94 Over 1,000 cf $3.10 Over 3,000 cf $3.10 (3) Fair and equitable minimum rates for water consumers having meters larger than four inches shall be fixed by the city council and written agreements shall be entered with the users setting forth said rates. The city council may enter into contracts with water users deviating from such rates where special circumstances dictate; provided that, such rates shall not be discriminatory. (4) Temporary water service. Temporary water service for construction purposes, or for any other purpose temporary in nature that will not require a permanent service installation must be obtained through a Fire Hydrant Use Permit as stipulated in AMC 13.04.1 00(e). Charges for temporary use of water shall be as follows: Temporary Water Services Charges Security Deposit $750.00 Monthly Equipment Rental Fee ('/4" $50.00 meter) ORDINANCE NO. 2021-003 2 Usage Rate First 300 cubic feet (cf) Included in base rate Next 700 cubic feet $2.94 Over 1,000 cubic feet $3.10 Over 3,000 cubic feet $3.10 (A) The security deposit shall be refunded to the customer after the equipment has been returned and inspected for any damages; customer shall be solely responsible for all damages. Customers shall be billed on a monthly basis for monthly equipment rental charges and usage fees from the date of temporary service installation. (B) The usage rates set forth for temporary water service shall be increased annually by the October reported percentage increase of the consumer price index (CPI) for the Seattle-Tacoma-Bremerton area for all urban consumers, or other measure commonly used by the city should it change; provided, however, that no CPI adjustment shall be made for the period from January 15, 2021 to January 14, 2022, and provided further, however, that notwithstanding any reduction in the CPI, rates shall not decrease. Section 2. Arlington Municipal Code Section 13.12.130 shall be and hereby is amended to read as follows: 13.12.130 - Residential sewer rates and charges. Applicable state and city utility taxes are included in the following rates and charges for sewer service. The total monthly sewer charges for every SFR and MFR service shall be a flat fee and not based on metered water consumption. The effective dates for the following sewer rates will be based on the city's billing cycle for use beginning on January 1, 2021. Beginning on January 15, 2022, the rates set forth for the year 2021 shall be increased annually by the October reported percentage increase of the consumer price index (CPI) for the Seattle-Tacoma-Bremerton area for all urban consumers, or other measure commonly used by the city should it change; provided, however, that notwithstanding any reduction in the CPI, rates shall not decrease. Monthly charge (sewer) I 2021 RATE Single Family Residential $70.15 Multi-Family Residential $54.00 ORDINANCE NO. 2021-003 3 Section 3. Arlington Municipal Code Section 13.12.140 shall be and hereby is amended to read as follows: 13.12.140 - Commercial sewer rates and char. (a) All sanitary sewer services connected to any public or private premises that are defined as "Commercial classification" in Section 13.12.110 shall be charged for sanitary sewer service upon the basis of water consumption. State and city utility taxes are included in the following rates and charges for sewer service. The effective dates for the following rates will be based on the city's billing cycle for use beginning on January 1, 2021. Each user shall pay a minimum monthly charge of one base rate plus a volume rate for all consumption over three hundred cubic feet per month. Monthly charge (sewer) 2021 RATE Base rate (includes 300 cubic feet of $70.15 water consumption) Volume rate (per 100 cubic feet of $7 25 metered water consumption) (b) Beginning on January 15, 2022, and on January 15th each year thereafter the rates set forth for the year 2021 shall be increased annually by the October reported percentage increase of the consumer price index (CPI) for the Seattle- Tacoma-Bremerton area for all urban consumers, or other measure commonly used by the city should it change, provided, however, that notwithstanding any reduction in the CPI, rates shall not decrease. Section 4. Arlington Municipal Code Section 13.12.150 shall be and hereby is amended to read as follows: 13.12.150 - Industrial user classification and charges. The rates and charges for industrial users, as defined in Sections 13.08.240, 13.08.250, and Chapter 13.36, shall be as follows: (1) All user charges shall be based upon equitable unit charges established for flow BOD (biochemical oxygen demand) loading and TSS (total suspended solids) loading, based upon the average BOD, TSS and other parameter(s) concentrations (as established by the public works director) monitored for the industrial user and the flow recorded in the monitoring manhole ORDINANCE NO. 2021-003 4 or water use. (2) A minimum monthly charge will be established by the city to cover the basic sewer costs and monitoring of the industrial user's wastewater discharge, and in the event the monthly sewer bill does not exceed this amount the industrial user shall agree to pay the estimated minimum monthly charge. This charge shall be reviewed from time to time and adjusted to ensure the charge is covering the monitoring services and sewer costs provided and must be reviewed every two years. Initially, the monthly charges shall be based on the following, unless otherwise established in the negotiated discharge permit: (A) For an industrial user with waste strength less than two hundred fifty mg/l, measured as five-day BOD and TSS, and other parameters within limits established in Sections 13.08.240, 13.08.250, [and Chapter] 13.36, and whose discharge does not require regular monitoring other than flow,the minimum monthly charge is as set forth below: Sewer Charges (monthly) 2021 RATE Waste strength<250 mg/1 $429.00 (B) For an industrial user with waste strength in excess of two hundred fifty mg/1 for two months or more per year, the minimum monthly charge is as set forth below: Sewer Charges (monthly) 2021 RATE Waste strength>250 mg/1 —7—$1,715.00 (C) Beginning January 15, 2022, and each January 15th thereafter, the charges set forth in subsections (1)(A) and (1)(B), shall be increased annually, by the October reported percentage increase of the consumer price index (CPI) for the Seattle-Tacoma-Bremerton area for all urban consumers, or other measure commonly used by the city should it change; provided, however, that notwithstanding any reduction in the CPI, rates shall not decrease. (3) Until such time as a sewer user charge analysis can be conducted to establish equitable charges under a negotiated discharge permit between the city and the industrial user, the following shall be used as the basis for industrial user charges: (A) Flow based charge per cubic foot of wastewater discharged; (B) BOD charge per pound of BOD discharged; and (C) TSS charge per pound of TSS discharged, pursuant to the following table: ORDINANCE NO. 2021-003 5 Sewer charge (monthly) 2021 RATE Flow-based charge (per cubic foot) $0.02051 BOD charge (per pound BOD) $0.645 TSS charge (per pound TSS) $0.431 (D) Beginning January 15, 2022, and each January 15th thereafter, the charges set forth in subsection (c), shall be increased annually, by the October reported percentage increase of the consumer price index (CPI) for the Seattle-Tacoma-Bremerton area for all urban consumers, or other measure commonly used by the city should it change; provided, however, that notwithstanding any reduction in the CPI, rates shall not decrease. (4) Flow shall be based upon one hundred percent of the water consumption or rate of flow of wastewater discharge into the sewer (measured in an industrial user installed flow measurement and recording equipment installed in control manhole, pursuant to Chapter 13.36). Strength of wastewater discharged shall be established based upon twenty-four-hour composite samples made by the city at the control manhole and tested by the city's wastewater treatment plant laboratory or state certified testing laboratory. All testing shall be in accordance with the latest edition of"Standard Methods for Examination of Water and Wastewater," APHA, AWWA and WPCF. BOD and TSS, pounds per day, shall be calculated based upon concentration of composite samples and established flow rates. (5) Appeal. (A) If any user believes that a portion of the user's metered flow, larger than ten percent, is not discharged into the sewer system (when flow measurement is not provided in the control manhole), the user should make written application to the public works director for review of the user's flow of wastewater. If the public works director agrees that charges for the user should be adjusted, they shall so notify the city council, which may approve such change, or direct a recomputation of the user's sewer rates. (B) If the public works director does not agree to the adjustment of user charges, the user may further appeal to the city council, which may direct further study or take other appropriate action. Section 5. Arlington Municipal Code Section 13.12.540 shall be and hereby is amended to read as follows: ORDINANCE NO. 2021-003 6 13.12.540 - Initial service charge rates. In accordance with the rate structure established herein, there is hereby levied upon all developed real property within the boundaries of the utility, the following service charges: (1) State and city utility taxes are included in the following rates and charges for stormwater service. See Table 3. (2) Beginning on January 15, 2022, the rates set forth for the year 2021 shall be increased annually by the October reported percentage increase of the consumer price index (CPI) for the Seattle-Tacoma-Bremerton area for all urban consumers, or other measure commonly used by the city should it change; provided, however, that no annual increase shall exceed two percent; and provided further,that notwithstanding any reduction in the CPI, rates shall not decrease. Stormwater charges (monthly) 2021 RATE Base rate per ESU $6.89 (3) For all other developed property including multifamily, condominiums and mobile home parks within the boundaries of the utility, except as specified under Section 13.28.130, the monthly service charge shall be based on the above table (Table 3) per month multiplied by the number of equivalent service units determined by the utility to be contained in such parcel. For all single-family property owners qualifying for the senior low-income utility discount established in Section 13.12.140, the discount shall apply to stormwater service charges. Section 6. Severability. Should any section,paragraph, sentence, clause or phrase of this Ordinance, or its application to any person or circumstance, be declared unconstitutional or otherwise invalid for any reason, or should any portion of this Ordinance be preempted by state or federal law or regulation, such decision or preemption shall not affect the validity of the remaining portions of this Ordinance or its application to other persons or circumstances. Section 7. Effective Date. This Ordinance or a summary thereof shall be published in the official newspaper of the City. The Ordinance shall take effect and be in full force five (5) days after the date of publication. ORDINANCE NO. 2021-003 7 PASSED BY the City Council and APPROVED by the Mayor this 19th day of January, 2021. CITY OF ARLINGTON Twzwr-6— Barbara Tolbert, Mayor Attest: Jv4iz,-,� Wendy Van 15er Meersche, City Clerk Approved as to form: Stev PeWc City Attorney ORDINANCE NO. 2021-003 8 CERTIFICATION OF ORDINANCE I, Wendy Van Der Meersche, being the duly appointed City Clerk of the City of Arlington, Washington, a municipal corporation, do hereby certify that the following Ordinance No. 2021-003 was approved at the January 19, 2021 City Council meeting. ORDINANCE NO. 2021-003 "AN ORDINANCE OF THE CITY OF ARLINGTON,WASHINGTON AMENDING ARLINGTON MUNICIPAL CODE CHAPTER 13.12 PERTAINING TO UTILITY RATES" A true and correct copy of the original ordinance is attached. Dated this 20th day of January, 2021. JQ v1i 7A-�� Wendy Van er Meersche City Clerk for the City of Arlington