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HomeMy WebLinkAboutOrdinance No. 2017-020 Amending Arlington Municipal Code Chapter 13.12 Pertaining to Utility Rates i ORDINANCE NO. 2017-020 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 ` 2015- 2016 to determine the cost of service to provide water and wastewater services to single family residential (SFR), multi- family residential (MFR), and commercial entities (COM), with a goal to assure equity to all of Arlington's utility customers; and WHEREAS, based on the analysis completed, the City proposes to (a) maintain the current 2017 rates for 2018 for all customer classes; (b) modify the water and sewer billing structure for multi- family residential services; and (c) modify the water and sewer billing structure for commercial services, with no proposed changes to the SFR billing structure; and WHEREAS, the City Council considered this amendment at their workshop on November 27, 2017 and at their regular meeting held on December 4, 2017, 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 13.12.020 shall be and hereby is amended to read as follows: 13.12.020 - Classifications defined. (a) Single Family Residential (SFR) Unit. A single-family residential building, or a single-family detached dwelling unit, that is designed for, permitted for, and occupied exclusively by one family, and includes manufactured homes and mobile homes, and is served by a single metered water meter. Each single family residential unit shall be charged a minimum of one Base Charge based on the meter size, as hereinafter defined, plus a charge based on the amount of water consumption. (b) Multi-Family Residential (MFR) Unit. A multifamily residential unit, also referred to as a multidwelling unit, is a classification of housing where multiple separate housing units designed and permitted for residential inhabitants are contained within one building, or several buildings within one complex, and are served by a single water meter. These structures may include duplexes, triplexes, quadplexes, apartments, townhouse, condominiums, and mobile home parks. ORDINANCE NO. 2017-020 1 Each multifamily residential metered water service shall be charged a minimum of one Base Charge based on meter size, as hereinafter defined, plus a charge based on the amount of water consumption. (b) Commercial Units or Industrial Units. A commercial unit or industrial unit consists of any public or private premises not defined as a SFR unit or MFR unit, that has a metered water service and as hereinafter defined: (1) Premises designed, permitted and occupied by only one business or activity or tenant shall be deemed a separate commercial unit. Each such commercial unit or industrial unit shall be charged one Base Charge, as hereinafter defined, based on the meter size,plus a charge based on the amount of water consumption. (2) In case of multiple-occupancy commercial or industrial facilities served by a single water meter, the individual/entity to whom the water account is registered shall be charged one Base Charge based on actual meter size, plus a charge based on amount of water consumption. Section 2. Arlington Municipal Code Section 13.12.030 shall be and hereby is amended to read as follows: 13.12.030—Water service charges defined. (a) The Base Charge shall be the minimum monthly charge for metered water service based on the water meter size and as set forth in Section 13.12.040. (b) The Consumption Charge is a charge for all metered water in excess of the amount of water included in the Base Charge, if any. The consumption water rate is based on a tiered rate structure as hereinafter defined in Section 13.12.040. Section 3. 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, 2019, the rates set forth for the year 2018 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, 2012 to January 14, 2019; and provided further, however, that notwithstanding any reduction in the CPI, rates shall not decrease. ORDINANCE NO. 2017-020 2 (1) Minimum monthly Base Charge schedule: Basic Charge By Meter Size 2018 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 2018 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 f 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 (1/4" $50.00 meter) Usage Rate ORDINANCE NO. 2017-020 3 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, 2012 to January 14, 2019, and provided further, however, that notwithstanding any reduction in the CPI, rates shall not decrease. Section 4. Arlington Municipal Code Section 13.12.110(g) shall be and hereby is amended to read as follows: (g) "Residential classification." That classification conforming to a Single Family Residential (SFR) Unit or a Multi-Family Residential (MFR) Unit as defined in Section 13.10.020. Section 5. Arlington Municipal Code Section 13.12.120 shall be and hereby is amended to read as follows: 13.12.120 - Residential classifications. Single Family Residential (SFR) Unit shall be as defined in Section 13.10.020. Multi-Family Residential (MFR) Unit shall be as defined in Section 13.10.020. Section 6. 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. ORDINANCE NO. 2017-020 4 The effective dates for the following sewer rates will be based on the city's billing cycle for use beginning on January 1, 2018. Beginning on January 15, 2019, the rates set forth for the year 2018 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) 2018 RATE Single Family Residential $70.15 L Multi-Family Residential $54.00 Section 7. 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, 2018. 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) 2018 RATE Base rate (includes 300 cubic feet of $70.15 water consumption) Volume rate (per 100 cubic feet of $7 25 metered water consumption) 7 (b) Beginning on January 15, 2019, and on January 15th each year thereafter the rates set forth for the year 2018 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. ORDINANCE NO. 2017-020 5 Section 8. 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/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) 2018 RATE Waste strength<250 mg/1 $429.00 (B) For an industrial user with waste strength in excess of two hundred fifty mg/l for two months or more per year,the minimum monthly charge is as set forth below: Sewer Charges (monthly) 2018 RATE Waste strength>250 mg/l $1,715.00 (C) Beginning January 15, 2019, 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 ORDINANCE NO. 2017-020 6 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: Sewer charge (monthly) 2018 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, 2019, 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 ORDINANCE NO. 2017-020 7 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 9. Arlington Municipal Code Section 13.12.200 shall be and hereby is amended to read as follows: 13.12.200 - Utility and lien search and special water meter reading requests. The City of Arlington provides utility and lien searches and special meter readings for the closing totals for real estate transactions occurring in Arlington. The cost of providing a utility and lien search and special meter readings shall be paid in advance by those making the request. (1) For each request for service received by the city of Arlington the following listed fee(s) shall be charged and imposed: Services Fees 1. Utility and lien search request $30.00 2. Special water meter reading request $50.00 (2) For the purpose of this chapter "special water meter reading" shall be defined as a reading of a customer's water meter occurring on any day other than the day the city has established as the property's regular scheduled water meter reading. (3) Every request received by the City of Arlington, whether by mail, fax or electronically will be either charged the above fee for an estimated closing amount or the above fee for a special meter reading and an actual closing amount. The fees will be added to the closing amount given to the escrow company. Section 10. Arlington Municipal Code Section 13.12.540 shall be and hereby is amended to read as follows: 13.12.540 - Initial service charge ram. 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, 2019, the rates set forth for the year 2018 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 ORDINANCE NO. 2017-020 8 provided further, that notwithstanding any reduction in the CPI, rates shall not decrease. Stormwater charges (monthly) 2018 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 11. 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 12. 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 or on January 1, 2018, whichever occurs later. PASSED BY the City Council and APPROVED by the Mayor this L/4- day of December, 2017. CITY OF RLINGTON Barbara Tolbert, Mayor Attest: its ' Banfield, C ty Clerk Approved as to form: Ste en J. i e, y Attorney ORDINANCE NO. 2017-020 9 CERTIFICATION OF ORDINANCE I, Kristin Banfield, being the duly appointed and acting Clerk of the City of Arlington, Washington, a municipal corporation, do hereby certify that the following Ordinance No. 2017-020 was approved at the December 4, 2017 City Council meeting. ORDINANCE NO. 2017-020 "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 8th day of December, 2017. Krist�ih Banfield City Clerk for the City of Arlington