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HomeMy WebLinkAbout4512 ORDINANCE ~'~'0"'/~ AN ORDINANCE amending utility regulations to extend the reimbursement period for developer on system improvements and clarifying administrative appeals from utility actions; and amending Title 15 of the Bremcrton Municipal Code. THE CITY OF BREMERTON DOES HEREBY ORDAIN: Section 1. Amendment. Section 15.01.070 of the Bremerton Municipal Code is hereby amended as follows: 15.01.070 DEVELOPER SYSTEM IMPROVEMENT - AGREEMENTS. A property owner or owners of any specified area situated within the Utility service area requiring utility service may petition the Department to construct public system improvements. The Department shall review the petition, and, subject to the Utility Comprehensive Plan, engineering and economic feasibility, and at the Department's option, construct the improvements upon execution of a System Improvement Agreement between the owner and the Department specifying the improvements. The estimated costs for said improvements shall be paid in full upon execution of the agreement. When completed and accepted by the Department in writing, the improvements shall become part of the Utility's system and shall be conveyed by Bill of Sale prior to service. If 60 % or more of the property owners of a specified area situated within the Utility service area petition the City to construct public system improvements, the City may construct said improvements upon execution of a System Improvement Agreement between the property owners and the City specifying the improvements, the terms and conditions for the improvements, and the reimbursement of all costs associated with the improvements. Reimbursement at actual cost for the improvements may be paid in full or in monthly TITLE-15.IRS - Ordinance Disk 2 - 4/11/94 1 installments plus interest at a rate set in the System Improvement Agreement with 20% of the cost due prior to installation and the balance together with interest due within thirty-six (36) months of the date from the completion and City acceptance of the improvement. Deferred payments for the construction of system improvements shall be limited to system improvements and shall exclude connection fees and general facility fees. The City may construct the improvements, on behalf of the property owners, utilizing City staff, negotiated contracts, or competitive bids subject to State statutes governing utility construction. Property owners or developers of plats or developments shall have the option of installing the plat's interior utility system and connection to the utility system at their expense, subject to Utility Development and Construction Standards. The owner or developer shall pay l_.l the current front footage eharge- fee in those cases where the plat r,:~.. :~,~.~ main installed at public expense, 2) the current front or development fronts a ~.,j ....... _ footage fee on a main installed by a developer under a System Improvement Agreement after expiration of a reimbursement agreement, or 3) charges according to the conditions of any existing reimbursement agreement for any main installed through a System Improvement Agreement. Section 2. Amendment. Section 15.01.090of the Bremerton Municipal Code is hereby amended as follows: 15.01.090DEVELOPER SYSTEM IMPROVEMENTS - REIMBURSEMENT. The City may enter into Agreements with property owners responsible for the installation of system improvements to provide for reimbursement to owners by others benefiting from the improvements and connecting to the improvements at a later time (latecomers). TITLE-15.IR5 - Ordinance Disk 2 - 4/11/94 2 Requests for reimbursement shall be made in writing prior to drafting the System Improvement Agreement and specific provisions of recovery shall be included in the Agreement. The Department shall determine the area that is subject to the cost recovery and shall identify the properties benefiting from the utility system improvements in a description or a drawing that will become part of the System Improvement Agreement. Reimbursement from each benefiting property owner shall be determined by the Department as stipulated in the System Improvement Agreement. Cost recovery payments by properties benefiting from connections to developer extensions shall be collected by the City. Reimbursement to the property owner constructing the improvement shall be limited to ten-6i03 fifteen (15) years from the date of acceptance of the improvement. The City shall retain 15 percent of the cost recovery payments for maintaining records and administration of the program and forward the remainder of the payment to the property owner who originally constructed the water system improvement. Section 3. Amendment. Section 15.06.020 of the Bremerton Municipal Code is hereby amended as follows: 15.06.020 ASSESSMENTS. (a) General Facility Fee. A General Facility Fee (GFF) shall be charged on all new or expanded service connections to the utility system pursuant to the Utility Fee Schedule established for utility service. The general facility fee shall be proportionate to the cost of providing facilities. Existing connections within the system as of the effective date of this Code shall be considered to have paid their proportionate share of the general facility fee for existing use. TITLE-15.IRS - Ordinance Disk 2 - 4/11/94 3 The calculation of the general facility fee for water and wastewater will be based on the number of Equivalent Residential Unit(s) (ERU) served and shall be apportioned and assessed as follows: Single family residence 1 ERU/Unit Two units 1 ERU/Unit Multi-Family (3 or more units) .8 ERU/Unit Commercial/Industrial (each 2000 SCl ft of structure) 1 ERU/2000 SQFT Transitory Living Units - motels/hotels .5 ERU/Unit Irrigation Systems (separately metered; each 2000 sq ft of irrigated area) .5 ERU/2000 SQFT The GFF shall be assessed and paid at the time of execution of the Utility Service Agreement for ail new service connections and prior to occupancy of the new or expanded facilities and shall be in addition to rates and other fees, assessments, and charges established for utility service. The GFF shall be adjusted on February 1 of each year, based on the Seattle Area Consumer Price Index, for all urban consumers for the year ended December of the preceding year or a rate fee study, unless otherwise adjusted by the City Council. (b) Front Footage Fee. A Front Footage Fee (FFF) shall be collected on all utility system mains which were installed or funded ~...~,j .~,~.,. TT,:U,,.,,~j .... ,~.,~'~t ..... ........ ~'""J'"'~*':~' to '~:--" ................. '~ at r>ublic expense or installed by a developer under a System Improvement Agreement following expiration of any reimbursement agreement .- tap_ursuant to the utility fee schedule established for utility service. Connection to a main subject to a current reimbursement agreement shall pay the reimbursement assessment according to the agreement in lieu of the FFF, All property owners connecting to a utility system shall contribute toward the cost of T1TLE-15.]RS - Ordinance Disk 2 - 4/11/94 4 construction of utility mains at the time they are constructed or be required to pay FFF. The calculation of the FFF shall be based on the total front footage of rectangularity shaped parcels of property under individual ownership fronting the main and served by the main at the time of connection. Properties situated on comer lots abutting utility mains on two sides shall have the front footage charge computed by averaging the two sides. Properties served which are not abutting a utility main and wherein it is undesirable to extend or install a utility main shall be assessed a FFF equivalent to fifty (50) feet of footage. Irregularly shaped parcels of property with frontage of less than fifty (50) feet of frontage abutting a utility main shall be assessed a minimum FFF equivalent to fifty (50) feet of footage. The FFF shall be assessed and paid at the time of execution of the Utility Service Agreement and shall be in addition to rates and other fees, assessments, and charges established for service. The FFF shall be adjusted on February 1 of each year on the Seattle Area Consumer Price Index, for all urban consumers for the year ended December of the preceding year, unless otherwise adjusted by the City Council. (c) Connection/Inspection Fee. A connection/inspection fee shall be charged for all service connections to the Utility system pursuant to the Utility Fee Schedule established for utility service. Additional fees may be charged if a reinspection is required as a result of the property owner/developer's failure to comply with the correction notice from T1TLF_,-15.IRS - Ordinance Disk 2- 4/11/94 5 a prior inspection, inaccessibility of facilities for scheduled inspections, or an unsafe site. In the event it should be necessary to remove and restore surface improvement, including but not limited to asphalt concrete and concrete streets and sidewalks, in order to install a service connection, an additional fee shall be levied pursuant to the fee schedule established for removal and replacement. The connection/inspection fee or deposit shall be assessed and paid at the time of execution of the Utility Service Agreement. The connection fee shall be adjusted on February 1 of each year based on the Seattle Area Consumer Price Index for all urban consumers for the year ended December of the preceding year, unless otherwise adjusted by the City Council. Section 4. Amendment. Section 15.08.020 of the Bremerton Municipal Code is hereby amended as follows: 15.08.010 APPEALS - UTILITY DEPARTMENT. A property owner, tenant or developer shall have the right to appeal matters dealing with utility accounting, billing and service termination. Complaint in the case of termination of service shall be filed in writing with the Utility within fourteen (14) days of the notice of termination. All other complaints shall be filed within thirty (30) days of notice of the action appealed. The Utility shall be required to respond in writing to the appellant within 30 days affirming or reversing its decision or requesting additional information for adjudication of the complaint. 15.08.020 APPEAL - MUNICIPAL COURT. Bremerton Municipal Court shall have jurisdiction to receive and rule on appeals from customers aggrieved by the City Utility's T1TLE-15.IRS - Ordinance Disk 2 - 4/11/94 6 decision to shut off water, or any decision regarding the amount charged for water, sewer or stormwater services after written complaint has been denied by the department under section 15.08.010. However, the Court, in its discretion, may assign the appeal to the Office of the Hearing Examiner. The administrative appeal under this chapter shall be conducted according to procedures of municipal code chapter 2.84, provided the hearing shall be set within thirty (30) days of filing and the filing fee shall be twenty-five dollars ($25.00) whether heard by the Court or Hearing Examiner. APPROVED by the City Council of the City of Bremerton this ~ day of /~~, , 1995. ~UZ PASSED by the City Council of the City of Bremerton this ~dotdt.~lay of (~ x2X.d{; ,1995. S~-ERRIL HU~BI~F~, Council President APPROVED this ( day of ~ 1995. L~NN HORTON, Mayor ATYEST: KATHLEEN McCLUSKEY, City Clerk EFFECTIVE DATE PUBLICATION DATE ORDINANCE NU ' BER