ORDINANCE NO. _______

AN ORDINANCE AMENDING BELLINGHAM MUNICIPAL CODE SECTION 15.08.250 RELATING TO WATER USE RATES AND INCREASING THE RATE UP TO $5.00 PER MONTH FOR UNMETERED SINGLE-FAMILY USERS AND A PROPORTIONATE AMOUNT FOR METERED USERS TO FUND LAND ACQUISITION AND OTHER LAND PRESERVATION ACTIVITIES IN THE LAKE WHATCOM WATERSHED AND AUTHORIZING ESTABLISHING ESTABLISHMENT OF AN ADVISORY BOARD TO GUIDE THE ACQUISITION PROCESS.

 

WHEREAS, the protection of the Lake Whatcom Reservoir, the drinking water source for the City of Bellingham and others, is of utmost public health importance to the citizens of Bellingham and others who obtain water from the lake; and

WHEREAS, the City, County, and Water District 10 Joint Resolution No. 92-68, signed in 1992, recognized the importance of protecting Lake Whatcom and its watershed as a reservoir and the major drinking source for the County; and

WHEREAS, the City's Comprehensive Plan requires that before-the-fact prevention take precedence over after-the-fact mitigation or treatment; and

WHEREAS, a Citizen's Task Force of the Lake Whatcom Reservoir Management Program is currently developing criteria to prioritize land for protection, determining options for preserving and enhancing high priority lands, and mechanisms for integrating these options with identified priority areas; and

WHEREAS, recognizing that a truly comprehensive program of education, land use regulation and enforcement, monitoring, and review as well as land acquisition and preservation is essential to preserving water quality in the Lake Whatcom Reservoir, and the City Council will continue its active support and encouragement of the Lake Whatcom Reservoir Management Program with Whatcom County and Water District 10; and

WHEREAS, an increase in the water use rate is an appropriate funding source for the acquisition of land and other land preservation activities within the Lake Whatcom Watershed; and

WHEREAS, an Advisory Board will need needs to be established to provide citizen input, advice, and oversight regarding the potential acquisition of land within the watershed,

NOW, THEREFORE, THE CITY OF BELLINGHAM DOES ORDAIN:

 

Section 1.   Section 15.08.250 of the Bellingham Municipal Code shall be amended to read as follows:

15.08.250_Water Rates and Charges

A.   The rates charged for each shut-off or turn-on are:

   (1)   During normal work hours:   $15.00 each; and

   (2)   After normal work hours:   $50.00 each.

B.   The hydrant fee assessed for each lineal foot of main extension or portion thereof is: $3.00.

C.   Demand charges are as follows:

   (1)   For a new or exchanged service:

         Type of Service   Charge

         Residential      $300

         " meter      $500

         1" meter      $833

         1-1/2" meter      $1,667

         2" meter      $2,667

         3" meter      $5,000

         4" meter      $8,333

         5" meter      $16,667

         6" meter      $26,667

   

(2)   A charge of 16 cents per square foot is imposed on all buildings where new or additional floor space is constructed.

(3)   For all services located outside the corporate limits of the City, the demand charge is computed in the same fashion, except that an additional surcharge of 50% is imposed.

D.   Water use rates are:

   (1)   Flat rate, single family residences:

      

      2000   $18.00 per month

      2001   $23.00 per month

   (2)   Flat rate, unmetered duplexes:

      2000   $36.00 per month

      2001   $46.00 per month

   

   (3)   Metered:

2000   $18.00 per month plus $0.95 per 100 cubic feet of water consumed in excess of 1,200 cubic feet; and

2001   $23.00 per month plus $1.22 per 100 cubic feet of water consumed in excess of 1200 cubic feet;

(4)   Industrial Water

a.   For consumption of the first 40,000 hundred cubit feet (ccf) per day the charge shall be $0.095 per ccf.

b.   For consumption between 40,001 and 42,000 ccf the charge shall be $0.10 per ccf.

c.   For consumption between 42,001 and 44,000 ccf the charge shall be $0.105 per ccf.

d.   For consumption between 44,001 and 46,000 ccf the charge shall be $0.11 per ccf.

e.   For consumption between 46,001 and 48,000 ccf the charge shall be $0.115 per ccf.

f.   For consumption between 48,001 and 50,000 ccf the charge shall be $0.120 per ccf.

g.   For consumption between 50,001 and 52,000 ccf the charge shall be $0.125 per ccf.

h.   For consumption between 52,001 and 54,000 ccf the charge shall be $0.13 per ccf.

i.   For consumption between 54,001 and 56,000 ccf the charge shall be $0.135 per ccf.

j.   For consumption between 56,001 and 58,000 ccf the charge shall be $0.14 per ccf.

k.   For consumption between 58,001 and 60,000 ccf the charge shall be $0.145 per ccf.

l.   For consumption between 60,001 and 62,000 ccf the charge shall be $0.15 per ccf.

m.   For consumption between 62,001 and 64,000 ccf the charge shall be $0.155 per ccf.

n.   For consumption between 64,001 and 66,000 ccf the charge shall be $0.16 per ccf.

o.   For consumption between 66,001 and 68,000 ccf the charge shall be $0.165 per ccf.

p.   For consumption between 68,001 and 70,000 ccf the charge shall be $0.17 per ccf.

(5)   The late-payment penalty is $1.00 or 1% per month of the amount owing, whichever is greater.

E.   The standby fire protection service rate is $25.00 per year.

F.   The tampering fee is $50.00 per occurrence.

H.   The water rate increase provided for in 15.08.250 (D) (1), (2) and (3) shall be used to fund the land acquisition program and preservation activities in the Lake Whatcom Watershed.

Section 2.   A new Chapter 2.90 shall be added to Title 2 -- Administration of the Bellingham Municipal Code to read as follows:

2.90.010   Established -- Membership Watershed Acquisition Advisory Board Authorized

A.   There is established authorized a Watershed Advisory Board to provide citizen advice and oversight regarding potential acquisition of land preservation measures within the watershed to protect and improve the quality of the City's water supply.

B.   The Advisory Board shall consist of seven members who shall be appointed by the Mayor, subject to confirmation by a majority of the City Council. The membership of the Board should reflect a broad range of community interests, experience and backgrounds. be constituted by joint legislative action of the City, Whatcom County, and Water District 10. Size of Board The number of Board members shall be established in such joint legislative action.

2.90.020   Terms of Appointment

Each city member shall serve for a period of three years, provided that the initial members shall be assigned staggered terms: three members with three year terms, two members with two year terms, and two members with one year terms. Members may serve no more than two consecutive terms. Any vacancy in the membership of the Board shall be filled in the same manner as the original appointment, with the replacement serving the remainder of the unexpired terms.

2.90.030   Compensation -- Conflicts of Interest

Members shall serve without compensation from the City, or from any trust, donation or legacy to the city for their services as such members; but this limitation shall not preclude a member or his/her firm receiving compensation from the city under contract or otherwise for services rendered outside his/her duties as a commissioner; provided, that any member having an interest or who contemplates acquiring an interest in any particular transaction, contract, or project must disqualify himself/herself from any official action contributing towards an official recommendation to the City on that subject.

2.90.050 040   Authority and Duties

A.   The Board shall advise the City Council, Mayor, and City Departments regarding acquisition of property within the watershed. The Board shall meet monthly or at such times as shall be determined by the Board or the Mayor. The Board shall advise the City, Whatcom County and Water District 10 regarding recommended land acquisition and land protection activities.

B.   The Board shall provide recommendations to the Mayor and City Council regarding proposed land acquisitions, planning and programs, at least annually. The board shall undertake its functions based upon the selection criteria adopted by the City, Whatcom County, and Water District 10, which is anticipated to occur in early 2001.

C.   The Board's first task shall be to develop a plan for orderly acquisition and subsequent use of watershed properties using the methods currently being developed by the special land acquisition Citizen's Task Force, formed under the auspices of the Lake Whatcom Reservoir Management Program. This task force's recommendations will be used to form the basis for the City's acquisition priorities and policy. This plan shall be presented to the City Council for approval and shall be updated as needed upon recommendation of the Board and approval of the City Council.

D.   The Board shall have such other duties as shall be assigned by the Mayor or a majority of the Council.

E. C.   Acquisitions or other land protection activities and prioritization of acquisitions such, and allowed uses and improvements to acquired property shall be determined by the City Council after receiving recommendations of the Watershed Advisory Board, in accordance with procedures established by joint legislative action of the City, Whatcom County and Water District 10.

F. D.   Acquisition and other land protection activities of property shall be funded by an increase in the water rate as provided in BMC 15.08.250 (D)(1), (2) and (3). Funds generated by the water rate increase may also be used for repayment and debt service on bonds or other financing instruments used to further the objectives of the watershed acquisition program.

PASSED by Council this day of , 2000.

 

                  ____________________________________

                     Council President

 

APPROVED by me this day of , 2000.

                  ____________________________________

                     Mayor

ATTEST:   

 

__________________________________

Finance Director

APPROVED AS TO FORM:

 

__________________________________

Office of the City Attorney

Published:   ______________________