HomeMy WebLinkAboutOrdinance No. 2023-001 An Ordinance of the City of Arlington, Washington Amending the Consumer Price Index Increases in the Arlington Municipal Code Chapter 13.12 Pertaining to Utility Rates and Declaring an Emergency ORDINANCE NO. 2023-001
AN ORDINANCE OF THE CITY OF ARLINGTON, WASHINGTON
AMENDING THE CONSUMER PRICE INDEX INCREASES IN THE ARLINGTON MUNICIPAL CODE
CHAPTER 13.12 PERTAINING TO UTILITY RATES AND DECLARING AN EMERGENCY
WHEREAS, the City of Arlington has the authority to set rates and charges for its
utility system; and
WHEREAS, the City of Arlington continues to examine equitable rates for water, sewer,
and stormwater service; and
WHEREAS, the City's municipal code contains a CPI adjustment factor which the City
Council wishes to reduce for 2023; and
WHEREAS, the City Council adopted Ordinance No. 2022-040 on December 5, 2022,
which ordinance amended utility rates to be effective January 15, 2023; and
WHEREAS, the City has determined that Ordinance 2022-040 contained the wrong
schedule which must be corrected; and
WHEREAS, it is necessary to adopt a corrected ordinance as an emergency so that the
correct rates will be effective at the start of the January 15, 2023 billing cycle;
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, 2024, the rates set forth for the year 2024 shall be
increased annually by the October reported percentage increase of the
consumer price index (CPI) for the Seattle-Tacoma-Bellevue area for all urban
consumers, or other measure commonly used by the city should it change; and
provided further, however, that notwithstanding any reduction in the CPI, rates
shall not decrease.
ORDINANCE 2023-001 1
(1) Minimum monthly Base Charge schedule:
Basic 2023
Charge 2022 INSIDE 2023 INSIDE CITY OUTSIDE
By CITY RATE CITY
Meter RATE
[5/8
SRATE
ize
to
3/4" $33.19 $34.19 $48.23
1" $46.42 $47.81 $67.44
1.5" $59.65 $61.44 $86.67
2" $96.09 $98.97 $139.61
3" $364.99 $375.94 $530.25
4" $464.68 $478.62 $675.08
(2) Monthly rate schedule charged for water consumption:
Consumption 2022 2023 2023
Rate per 100 INSIDE CITY INSIDE CITY OUTSIDE
cubic feet RATE RATE CITY RATE
(cf)
Included in Included in Included In
Base Base Base
Charge for Charge for Charge for
First 300 cf SFR and SFR and SFR and
Commercial Commercial Commercial
water water water
services services services
only I only only
Next 700 cf $3.04 $3.13 $4.41
Over 1,000 cf $3.20 7
$3.30 $4.65
Over 3,000 cf 1 $3.20 $3.30 $4.65
(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
ORDINANCE 2023-001 2
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 13.04.100(e). Charges for temporary use of water
shall be as follows:
Temporary Water Services Charges
Security Deposit $750.00
Monthly
Equipment Rental $50.00
Fee (%" meter)
Usage Rate
First 300 cubic Included in
feet (cf) base rate
Next 700 cubic
$3.13
feet
Over 1,000 cubic
$3.30
feet
Over 3,000 cubic $3.30
feet
(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) Beginning on January 15, 2024, 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-Bellevue 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 2. Arlington Municipal Code Section 13.12.130 shall be and hereby is amended
to read as follows:
ORDINANCE 2023-001 3
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, 2023. Beginning on January 15, 2024,the rates set forth for the
year 2023 shall be increased annually by the October reported percentage increase of the
consumer price index (CPI) for the Seattle-Tacoma-Bellevue 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 2022 RATE 2023 RATE
(sewer)
Single Family
$70.15 $72.25
Residential
Multi-Family
$54.00 $55.62
Residential
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 charges.
(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, 2023. 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 2022 RATE 2023 RATE
(sewer)
Base rate (includes $70.15 $72.25
300 cubic feet of
water consumption)
Volume rate (per 100 $7.25 $7.47
cubic feet of metered
water consumption)
ORDINANCE 2023-001 4
(b) Beginning on January 15, 2024, and on January 15th each year thereafter the
rates set forth for the year 2023 shall be increased annually by the October reported
percentage increase of the consumer price index (CPI) for the Seattle-Tacoma-Bellevue
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 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/1,
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) 2022 RATE 2023 RATE
Waste strength <250 mg/I $429.00 $441.87
(B) For an industrial user with waste strength in excess of two hundred fifty mg/I for
two months or more per year, the minimum monthly charge is as set forth below:
Sewer 2022 RATE 2023 RATE
Charges (monthly)
Waste $1715.00 $1766.45
strength >250 mg/I
ORDINANCE 2023-001 5
(C) Beginning January 15, 2024, 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-Bellevue 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:
Sewer Charges 2022 RATE 2023 RATE
(monthly)
Flow-based charge $.02051 $0.0211
(per cubic foot)
BOD charge (per $0.645 $0.664
pound BOD)
TSS charge (per $0.431 $0.444
pound TSS)
(D) Beginning January 15, 2024, 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-Bellevue 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,
ORDINANCE 2023-001 6
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:
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, 2024, the rates set forth for the year 2023 shall be
increased annually by the October reported percentage increase of the consumer price index
(CPI) for the Seattle-Tacoma-Bellevue 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.
Stormwater charges (monthly) 2022 2023
RATE RATE
Base rate per ESU $7.34 $7.56
(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/Emergency. The City Council hereby finds and declares
that an emergency exists which necessitates that this ordinance become effective immediately
in order to preserve the public health, safety, and welfare. This ordinance shall become
ORDINANCE 2023-001 7
effective immediately upon passage, provided that the rates shall be effective on the first day
of the city's regular billing cycle beginning January 15, 2023. The City Clerk is directed to
publish this ordinance at the earliest possible date.
PASSED BY the City Council and APPROVED by the Mayor this 9th day of January, 2023.
CITY OF ARLINGTON
2 /6L/
Barbara Tolbert, Mayor
Attest:
! rd-41aeaL&
Wendy Vad Der Meersche, City Clerk
Approved as to form:
Steven J. Peiffle
City Attorney
ORDINANCE 2023-001 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. 2023-001 was approved at the January 9, 2023 City Council meeting.
ORDINANCE NO. 2023-001
"AN ORDINANCE OF THE CITY OF ARLINGTON,WASHINGTON
AMENDING THE CONSUMER PRICE INDEX INCREASES IN THE ARLINGTON MUNICIPAL
CODE CHAPTER 13.12 PERTAINING TO UTILITY RATES AND DECLARING AN
EMERGENCY"
A true and correct copy of the original ordinance is attached.
Dated this 10th day of January 10, 2023
Al / L/ j?&&/S� .
Wendy Va Der Meersche
City Clerk for the City of Arlington