Ordinance No. 2023-02 Relating to Adjustments to City Sewer and Water Fees (Adopted 011023)Page 1 of 3
ORDINANCE NO. 2023-02
AN ORDINANCE of the City of Bainbridge Island, Washington,
revising Bainbridge Island Municipal Code Section 13.16.060.A
relating to water and sewer fees to include an increase beginning
with the first billing cycle in 2023 with the June annual percentage
increase in the United States Consumer Price Index, Seattle area
(“CPI-U”), of the preceding year.
WHEREAS, RCW 82.02.020 authorizes the collection of reasonable fees to cover the
costs to the City for certain activities; and
WHEREAS, on March 22, 2022, the City Council enacted Ordinance No. 2022-05
relating to the process of updating certain fees and charges, and that ordinance, in relevant part,
subjects all City fees and charges to an adjustment beginning with the first full billing period of
2023 and each year thereafter equal to the annual percentage increase in the United States
Consumer Price Index, Seattle area (“CPI-U”) for June of the preceding year as shown in the
release from the Bureau of Labor Statistics; and
WHEREAS, Section 5 of Ordinance No. 2022-05 specifies that should any section,
paragraph, sentence, clause, or phrase of that ordinance conflict with the terms of any prior
ordinance or resolution, including terms related to fee or charge adjustments, the terms of
Ordinance No. 2022-05 shall control; and
WHEREAS, on July 12, 2022, the City Council enacted Ordinance No. 2022-15 relating,
in relevant part, to corrections to certain City fees, and amending Ordinance No. 2022-05 to
exclude transportation impact fees from the annual percentage increase in the United States
Consumer Price Index, Seattle area (CPI-U); and
WHEREAS, the United States Consumer Price Index, Seattle area (CPI-U), for June of
2022 was equal to ten and one tenth percent annually; and
WHEREAS, BIMC 13.16.060.A specifies that water and sewer utility charges shall be
subject to an adjustment beginning with the first full billing period of 2022 and each year
thereafter through 2024 equal to two percent annually; and
WHEREAS, the City desires to uniformly and annually adjust all charges authorized
through state law, including RCW 82.02.020, based on the United States Consumer Price Index,
Seattle area (CPI-U), in accordance with Ordinance No. 2022-05.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF BAINBRIDGE
ISLAND, WASHINGTON, DOES ORDAIN AS FOLLOWS:
Section 1. Section 13.16.060.A of the Bainbridge Island Municipal Code is hereby
amended as follows:
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A. All water and sewer rates shall be subject to an adjustment beginning with the first
full billing period of 2022 and each year thereafter through 2024 equal to two percent
annually 2023 and each year thereafter equal to the annual percentage increase in the
United States Consumer Price Index, Seattle area (“CPI-U”) for June of the preceding
year as shown in the release from the Bureau of Labor Statistics, unless the City
Council determines by December 31st of any year that the adjustment shall be
another amount or shall not occur for the next year. The City’s Finance Director is
responsible for the adjustment process.
B. In calculating the annual adjustment, the city shall round off all final calculations to
the nearest cent where the rate provides for cents and to the nearest dollar where the
rate does not provide for cents.
Section 2. Should any section, paragraph, sentence, clause, or phrase of this ordinance
conflict with the terms of any prior ordinance or resolution, including terms related to fee or
charge adjustments, the terms of this ordinance shall control.
Section 3. 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 4. This ordinance shall take effect and be in force five (5) days from its passage
and publication as required by law.
PASSED by the City Council this 10th day of January, 2023.
APPROVED by the Mayor this 10th day of January, 2023.
Brenda Fantroy-Johnson, Mayor
ATTEST/AUTHENTICATE:
Christine Brown, MMC, City Clerk
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FILED WITH THE CITY CLERK: January 5, 2023
PASSED BY THE CITY COUNCIL: January 10, 2023
PUBLISHED: January 20, 2023
EFFECTIVE DATE: January 25, 2023
ORDINANCE NUMBER: 2023-02