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HomeMy WebLinkAboutReg 2013-11-18 Item 5E - Ordinance - Payment by the City for Water Furnished to Fire Hydrants (TMC Section 14.04.320)COUNCIL AGENDA SYNOPSIS Initia/s MeeliqDale Prepared by Mayor's review diVA_ Council review ce9_j 11/12/13 PMC 11/18/13 PMC — Motion Mg Date n Resolution MtsDate _Bid Award MtsDate ] Public Hearing Mt Date Other MtsDate CATEGORY Discussion ITEM INFORMATION ITEM No. 5.E. 71 STAFF SPONSOR: PEGGY MCCARTHY ORIGINAL AGENDA DATE: 11/12/13 AGENDA ITEM Trn.r.: Repeal Ordinance No. 2313 Section language related to payment by 1 as codified the City for at TMC Section 14.04.320 to remove water furnished to fire hydrants. 11/12/13 — Motion Mg Date n Resolution MtsDate _Bid Award MtsDate ] Public Hearing Mt Date Other MtsDate CATEGORY Discussion PI Ordinance M rg Date Mtg Date 11/18/13 SPONSOR — Council fl Mayor 7 PIR _ DCD Finance — Fire — IT — P&R Ti Police Ti AU SPONSOR'S Repeal Ordinance No. 2313 Section 1 as codified at TMC Section 14.04.320 to remove SUMMARY language related to payment by the City for water furnished to fire hydrants. REVIEWED BY — COW Mtg. CA&P Cmte fl F&S Cmte Ti Transportation Cmte Cmte Arts Comm. fl Parks Comm. 17 Planning Comm. COMMITTEE CHAIR: DUFFIE VA Utilities DATE: 11/04/13 RECOMMENDATIONS: SPONSOR/ADMIN. Commyrim Finance and Public Works Unanimous Approval, Forward to Committee of the Whole COST IMPACT / FUND SOURCE EXPENDITURE REQUIRED AMOUNT BUDGETED APPROPRIATION REQUIRED $0 $0 $0 Fund Source: Comments: MTG. DATE RECORD OF COUNCIL ACTION 11/12/13 Forward to next Regular Meeting MTG. DATE ATTACHMENTS 11/12/13 Informational Memorandum dated 11/01/13 Ordinance No. 2313 Ordinance in Draft Form Minutes from Utilities Committee meeting of 11/04/13 11/18/13 Ordinance in final form 71 72 City of Tukwila Washington Ordinance No. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, REPEALING ORDINANCE NO. 2313, §1 (PART), AS CODIFIED AT TUKWILA MUNICIPAL CODE SECTION 14.04.320, RELATING TO PAYMENT BY THE CITY FOR WATER FURNISHED TO FIRE HYDRANTS; PROVIDING FOR SEVERABILITY; AND ESTABLISHING AN EFFECTIVE DATE. WHEREAS, Ordinance No. 2313 set forth a procedure for the City to pay the Tukwila water department a monthly fee for water furnished to each fire hydrant in the City in accordance with a fee schedule to be adopted by motion or resolution of the Tukwila City Council; and WHEREAS, Substitute House Bill (SHB) 1512 allows "a purveyor to allocate and recover costs of fire suppression and services from all customers as costs of complying with state laws and regulations "; and WHEREAS, Substitute House Bill 1512, which pertains to fire suppression water facilities and services provided by municipal and other water purveyors was signed by the Governor on May 3, 2013 and made effective on July 28, 2013; and WHEREAS, it has been determined that water customers directly benefit from the availability of fire hydrants and adequate fire flow and that to include this cost in the customer's water rates will be a more equitable allocation of recovering public fire suppression costs; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, HEREBY ORDAINS AS FOLLOWS: Section 1. Repealer. Ordinance No. 2313 §1 (part), as codified at Tukwila Municipal Code (TMC) Section 14.04.320, "Payment by City for Fire Hydrant Supply," is hereby repealed, thereby eliminating TMC Section 14.04.320. W: Word Processing \Ordinances \Repeal ordinance relating to fire hydrant monthly fee 10 -24 -13 VC:bjs Page 1 of 2 73 Section 2. Corrections by City Clerk or Code Reviser. Upon approval of the City Attorney, the City Clerk and the code reviser are authorized to make necessary corrections to this ordinance, including the correction of clerical errors; references to other local, state or federal laws, codes, rules, or regulations; or ordinance numbering and section /subsection numbering. Section 3. Severability. If any section, subsection, paragraph, sentence, clause or phrase of this ordinance or its application to any person or situation should be held to be invalid or unconstitutional for any reason by a court of competent jurisdiction, such invalidity or unconstitutionality shall not affect the validity or constitutionality of the remaining portions of this ordinance or its application to any other person or situation. Section 4. Effective Date. This ordinance or a summary thereof shall be published in the official newspaper of the City, and shall take effect and be in full force and effect January 1, 2014. PASSED BY THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, at a Regular Meeting thereof this day of , 2013. ATTEST /AUTHENTICATED: Christy O'Flaherty, MMC, City Clerk APPROVED AS TO FORM BY: Shelley M. Kerslake, City Attorney Jim Haggerton, Mayor Filed with the City Clerk: Passed by the City Council: Published: Effective Date: Ordinance Number: W: Word Processing \Ordinances \Repeal ordinance relating to fire hydrant monthly fee 10 -24 -13 VC:bjs 74 Page 2 of 2