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HomeMy WebLinkAbout4824 Ordinance - Amending PMC 3.35.160 and 13.45.060 Codifying of Water RightsOrdinance – Amending PMC 3.35.160 and 13.45.060 - 1 Version 1.8.2026 ORDINANCE NO. 4824 AN ORDINANCE OF THE CITY OF PASCO, WASHINGTON, AMENDING PASCO MUNICIPAL CODE SECTION 3.35.160 WATER UTILITY, ADJUSTING THE WATER RIGHTS ACQUISITION FEE; AND SECTION 13.45.060 ASSIGNMENT OF WATER RIGHTS-EXTENSION OF CITY WATER SERVICES BEYOND CITY LIMITS; PROVIDING SEVERABILITY AND ESTABLISHING AN EFFECTIVE DATE. WHEREAS, water rate studies and fees of utility systems are generally conducted on periodic intervals to ensure they provide adequate revenue for the utilities, and to ensure rates, charges, and fees are, and continue to be, in conformance with State law; and WHEREAS, it is increasingly more difficult for the City to acquire water rights at the current market price as landowners recognize the increased market value of water rights and the City's lack of sufficient funds collected from the current Water Rights Acquisition Fee; and WHEREAS, City adopted Ordinance 4701A increasing the City Water Rights Acquisition Fee as well as other significant changes to its Water Rights Program; and WHEREAS, in June 2024, the City adopted Ordinance 4716 which removed the ten years look back period for transfer of water rights from the property to apply surcharged in lieu fees which had been previously adopted in Ordinance 4701A; and WHEREAS, Council directed staff to grandfather in lieu fee to $1,750 per acre foot for completed preliminary plat applications effective on or before November 27th, 2023 that was not coded within City’s municipal code; and WHEREAS, in February 2026 Council directed staff to codify the grandfathering of the completed preliminary plat applications effective on or before November 27th 2023 and clarified the grandfathering is applicable to in lieu fees only; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF PASCO, WASHINGTON DO ORDAIN AS FOLLOWS: Section 1. PMC Section 3.35.160 Water utility effective January 1, 2022 is hereby replaced as of March 1, 2026 and shall read as follows: Fee/Charge Reference 2026 2027 2028 2029 Ordinance – Amending PMC 3.35.160 and 13.45.060 - 2 Version 1.8.2026 Inside city: Consumption – per 100 cubic feet: Residential/com mercial $1.35 $1.63 $1.97 $2.16 13.20.050 Bulk – per 1,000 gallons $2.22 $2.68 $3.24 $3.55 13.20.080 Residential – single- family base fees: 3/4 and 5/8 inch – per month $31.48 $38.01 $45.90 $50.26 13.20.020 1 inch – per month $47.19 $56.98 $68.80 $75.34 13.20.020 Senior reduced/low income: 3/4 and 5/8 inch – per month $10.44 $12.61 $15.23 $16.68 3.65.150 1 inch – per month $15.77 $19.04 $22.99 $25.18 3.65.150 Commercial – base fees: 3/4 inch – per month $44.38 $53.58 $64.70 $70.85 13.20.030 1 inch – per month $64.88 $78.34 $94.60 $103.5 3 13.20.030 Ordinance – Amending PMC 3.35.160 and 13.45.060 - 3 Version 1.8.2026 1-1/2 inch – per month $124.98 $150.9 1 $182.2 2 $199.5 3 13.20.030 2 inch – per month $200.42 $242.0 1 $292.2 2 $319.9 9 13.20.030 3 inch – per month $273.75 $330.5 6 $399.1 5 $437.0 7 13.20.030 4 inch – per month $394.44 $476.2 9 $575.1 2 $629.7 5 13.20.030 6 inch – per month $615.69 $743.4 5 $897.7 1 $983.0 0 13.20.030 8 inch – per month $853.22 $1,030. 26 $1,244. 04 $1,362. 23 13.20.030 10 inch – per month $1226.49 $1480. 99 $1,788. 30 $1958. 19 13.20.030 Fee/Charge Reference Fire hydrants: Meter rental: Refundable deposit Not to exceed 110% of Cost, as determined by the Director of Finance 13.20.080 Nonrefundable removal fee $30.00 13.20.080 Monthly base rental fee $62.00 Late payment and not returning meter after 48 hrs. (per day) $50.00 Ordinance – Amending PMC 3.35.160 and 13.45.060 - 4 Version 1.8.2026 Hydrant rental – outside corporate limits, per year $20.00 13.20.070 Charges for water meters and services: Meter and service costs equal to average cost to City based on prior year 13.45.010 Move meter for owner Cost + 15% 13.30.060 Change meter size Cost + 15% 13.30.050 Water system capital expansion/replacement charges effective through December 31, 2026 Inside City limits: 3/4-inch meter $6,148 13.25.010 1-inch meter $10,267 13.25.010 1-1/2-inch meter $20,472 13.25.010 2-inch meter $32,767 13.25.010 3-inch meter $65,596 13.25.010 4-inch meter $100,392 13.25.010 6-inch meter $204,902 13.25.010 8-inch meter $327,856 13.25.010 10-inch meter $471,323 13.25.010 Ordinance – Amending PMC 3.35.160 and 13.45.060 - 5 Version 1.8.2026 Outside City limits: 3/4 – 10-inch meter 90% surcharge 13.25.020 Front footage (per foot): Residential: In and out City limits $20.00 13.45.020 Commercial: In and out City limits $25.00 13.45.020 Square Footage (per sq. ft.): Residential: In and out City limits $0.0388 13.45.020 Commercial: In and out City limits $0.0426 13.45.020 Water system capital expansion/replacement charges effective January 1, 2027 Inside City limits: 3/4-inch meter $360.00 13.25.010 1-inch meter $601.00 13.25.010 1-1/2-inch meter $1,198 13.25.010 2-inch meter $1,918 13.25.010 3-inch meter $3,599 13.25.010 Ordinance – Amending PMC 3.35.160 and 13.45.060 - 6 Version 1.8.2026 4-inch meter $5,999 13.25.010 6-inch meter $11,995 13.25.010 8-inch meter $19,192 13.25.010 10-inch meter $27,591 13.25.010 Water rights acquisition fee – per acre foot $4,150.00 13.45.060(2) 21.05.120(2) Base water rights acquisition fee – per residential unit ($4,150.00 per acre foot x potable use factor .30) (Any preliminary plats deemed complete by the City as of November 23, 2023 shall pay the water rights in lieu fees in effect at the time of the City’s determination of completeness.) $1,245.00 13.15.030(1) Potable water irrigation fee (no irrigation water available) Equal to 50% of the area of the lot or parcel to be served expressed in acres or portion of acres x 3.5 acre feet of water x $4,150.00 (per acre foot) 13.15.030(1) Water rights transfer fee $1,000.00 13.15.030(5) Section 2. That Section 3.45.060 entitled " Assignment or transfer of water rights – Provision of City water services within and beyond City limits” of the Pasco Municipal Code shall be and hereby is amended and shall read as follows: Ordinance – Amending PMC 3.35.160 and 13.45.060 - 7 Version 1.8.2026 13.45.060 Assignment or transfer of water rights – Provision of City water services within and beyond City limits. (1) As a condition for the provision of City water service within or beyond the City limits as a primary source of City water for potable or irrigation uses within a residential subdivision or other development, any property owner or developer of such property shall assign or transfer by deed to the City any certificate, permit, or claim to a water rights for the withdrawal of ground or surface waters, or such other water rights as may be appurtenant to such property, including permit exempt well water rights in the quantity and manner set forth in PMC 13.15.030. This The assignment and transfer for the amount of water rights for irrigation water specified in PMC 13.15.030(1) shall not apply to properties which receive sufficient irrigation water services provided under a perfected water right from Franklin County Irrigation District or other a non- City-approved public or private irrigation water service provider acceptable to the City. Prior to accepting such assignment or transfer, the City is entitled to evaluate the likely validity and transferability of rights offered for transfer, and to receive technical assistance from the Department of Ecology on same. The City may decline the acceptance of such assignment or transfer if it believes, following such evaluation and/or technical assistance, that such rights are unlikely to be successfully transferred for use by the City. (2) In the event there are no water rights represented either by certificate, permit, claim, or other right for withdrawal appurtenant to the real property benefited in subsection (1) of this section or the quantity of water rights available to transfer are insufficient to serve the property, the property owner or developer shall pay to the City, in lieu thereof, a water rights acquisition fee as established in the City fee summary ordinance, Chapter 3.35 PMC. Section 3. Severability. If any section, subsection, sentence, clause, phrase or word of this ordinance should be held to the invalid or unconstitutional by a court of competent jurisdiction, such invalidity or unconstitutionality thereof shall not affect the validity or constitutionality of any other section, subsection, sentence, clause phrase or word of this ordinance. Section 4. Corrections. Upon approval by the city attorney, the city clerk or the code reviser are authorized to make necessary corrections to this ordinance, including scrivener’s errors or clerical mistakes; reference to other local, state, or federal laws, rules, or regulations; or numbering or referencing of ordinances or their sections and subsections. Section 5. Effective Date. This ordinance shall take full force and effect five (5) days after approval, passage and publication as required by law. Ordinance – Amending PMC 3.35.160 and 13.45.060 - 8 Version 1.8.2026 PASSED by the City Council of the City of Pasco, Washington this 16th day of March, 2026. Charles Grimm Mayor ATTEST: APPROVED AS TO FORM: _____________________________ ___________________________ Krystle Shanks Ogden Murphy Wallace, PLLC Deputy City Clerk City Attorney Published: March 22, 2026