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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: Page 2 of 3 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 Page 3 of 3 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