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Home My WebLink AboutReg 2005-11-21 Item 7A.1 - Ordinance - Storm and Surface Water Rates C UNCIL A GENE_ SYNOPSIS t k AAP s y InetzaIs ITEM NO. j Ake 9 11leetzng Date Prepared by Mayor's review 1 Council review a: f" r 0 11/14/05 1 3M ,A.40-- I a w�> 11/21/05 1 1 it 1-n c ;t ITEM INFORMATION CAS NUMBER: 05-147 I ORIGINALAGENDA DATE. NOVEMBER 14, 2005 AGENDA ITEM TITLE Resolution for Public Works Fee Schedule,' Amend Ordinance No. 1932 for Storm and Surface Water Rates and Charges. CATEGORY Discussion Motion Resolution Ordinance ['Bid Award Public Heating Other Mfg Date Mtg Date Mtg Date 11/14/05 Mtg Date 11/14/05 Mtg Date Mtg Date Mtg Date: SPONSOR Council Mayor Adm Svcs DCD Finance Fire Legal P&R Police PW/ SPONSOR'S This City's sewer rate was last increased in 2004 and a rate change is needed to meet SUMMARY operational and capital expenditures. The monthly residential flat rate will increase from $7.00 to $8.00. The Storm and Surface Water Fund last had an increase in 2000. Again a rate change is needed for operating budget and capital expenses. The annual single family residential rate will increase from $52.00 to $62.00. The ordinance will change the rate structure so that it is included in the Public Works Fee Schedule Resolution. REVIEWED BY B COW Mt CA &P Cmte El F &S Cmte ['Transportation Cmte Utilities Cmte Arts Comm. Parks Comm. Planning Comm. DATE. 11/08/05 (Utilities) 11/14/05 (COW) RECOMMENDATIONS: SPONSOR /ADI,viIN Approve PW Fee Resolution and Storm Surface Water Ordinance. COMMIrIEE Forward to COW and then Regular with approval of resolution and ordinance. COST IMPACT FUND SOURCE EXPENDITURE REQUIRED AMOUNT BUDGETED APPROPRIATION REQUIRED Fund Source: 402 Sewer and 412 Storm Surface Water Comments MTG. DATE 1 RECORD OF COUNCIL ACTION 11/14/05 Both items discussed at COW and forwarded to 11/21/05 Regular Meeting for final action. MTG. DATE I ATTACHMENTS 11/14/05 Information Memo dated November 1, 2005 with Rate Matrix TMC Chapter 14.32 Storm and Surface Water Rates Charges Ordinance Resolution Utilities Committee Meeting Minutes from November 8, 2005 11/21/05 Ordinance and Resolution in final form. \TUK2 \VOLI\PUBWORKS \USERS Gail \GAIL \CASISewer SSWM Fee Resolution Ordin 11- 14- 05.doe City of Tukwila Washington Ordinance No. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, AMENDING ORDINANCE NO. 1932, AS CODIFIED AT SECTION 14.32 OF THE TUKWILA MUNICIPAL CODE, RELATING TO STORM AND SURFACE WATER RATES AND CHARGES; PROVIDING FOR SEVERABILITY; AND ESTABLISHING AN EFFECTIVE DATE. WHEREAS, the City Council desires to have in place an equitable and adequate rate structure to finance the operation and maintenance of the storm and surface water utility; and WHEREAS, the City needs additional revenues to adequately fund the storm and surface water utility and capital improvements; NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, DO ORDAIN AS FOLLOWS: Section 1. Ordinance No. 1932, 9-S codified at TMC 14.32.030, is hereby amended to read as follows: 14.32.030 Utility Rates and Service Charges A. A utility rate and service charge is imposed on every parcel within the City and the owner(s) thereof. This includes but is not limited to parcels owned by the City, by the State, by the County, and all other parcels. B The rate category established herein shall be based upon the contribution of surface and storm water from a parcel to the system. The amount of contribution to the system shall be measured by the estimated percentage of developed surface area on the parcel. The service charge imposed on each parcel shall be equal to the rate category into which the parcel fits multiplied times the total area of the parcel rounded to the nearest 4,356 square feet (1/10 of one acre) Single-family residential parcels are grouped together into one rate category and will pay one service charge per parcel. This rate category and service charge is determined by estimating the average developed percent surface and the average total area of all single-family parcels in the City C. Utility rate categories and annual service charges shall be charged in accordance with the fee schedule to be adopted by motion or resolution of the Tukwila City Council. D Pursuant to RCW 90.03.525, all parcels within a limited access highway owned by the State Department of Transportation shall be subject to service charges that are equal to 30% of that which would result if the service charges were calculated according to section 14.32.030C of the Tukwila Municipal Code. E. Each annual bill will be rounded up to the nearest number of cents. The minimum annual service charge shall be equal to the annual charge for a 4,356 square foot parcel in the lowest rate category (1, Natural) C:iDocuments and SeningslAlI Users\DesktoplKelly'u'l.1SDA T A\OrdinanceslStonn and Surface Water Rates.doc RL:ksn 1111712005 Page 1 of3 Section 2. Ordinance No 1932, as codified at TMC 14.32.040, is hereby amended to read as follows: 14.32.040 Special Rates Every person 62 years of age or older (if married, then either spouse) and every person totally and permanently disabled and who is paying directly for such separately billed surface water service either as owner, purchaser or renter and whose individual disposable income, if a single person, or whose combined disposable income, if a married couple, from all sources is less than $32,000 per year, shall pay a rate equal to 50% of surface water service charges. Every such person shall file with the Finance Department their affidavit that he or she is qualified to be charged the special rate. Such affidavits are to contain information as required by the Finance Director in order to establish eligibility Each affidavit will also include an unqualified promise to inform the City of any changes in financial condition that would disqualify the person for special rates. The Finance Director may require affidavits on an annual basis if deemed necessary In addition, the applicant must own and live on a single-family parcel subject to the utility charge. Only one parcel owned by an applicant may receive a low- income, senior citizen or disabled person credit. If eligible for a credit, the applicant shall be billed at one-half of the service charge applicable to each single-family residential parcel. Section 3. Ordinance No. 1932, as codified at TMC 14.32.060, is hereby amended to read as follows: 14.32.060 Billing and Collecting A. All parcels subject to a service charge shall be billed twice a year based upon the rate category and acreage applicable to such parcels as of November 1 of the year prior to the billing year . . , B. Each bill shall be equal to one-half of the total annual service charge applicable to the parcel. C. Bills will be sent to the property owners during the months of January and July D Property owners shall be responsible for all bills not paid. E. The total amount of the bill shall be due within 60 days of the date of the bill. After that period the bill shall be considered delinquent. F The service charge or any part thereof which becomes delinquent shall bear interest as provided in RCW 35.67.200 at the rate of 8% per annum, or such rate as may hereafter be authorized by Im.v, computed on a monthly basis from the date of delinquency until paid. G. The City shall have a lien for all delinquent and unpaid service charges, including interest thereon, against any parcel for which the service charges are delinquent, as provided by RCW 35.67.200. The current charges imposed by the King County Records and Elections division shall be charged to allliened parcels to recover the cost of placing and removing the lien on the parcel. Pursuant to RCW 35.67.215, the lien is effective for up to one year's delinquent service charges without the necessity of any writing or recording of the lien with the King County Records and Elections Division. In the case of foreclosure actions to collect delinquencies, the City shall seek also to collect reimbursement of reasonable costs of collection including, but not limited to, attorney's fees, staff time and filing fees. C:\Documents and ScttingslAlI Users\Des~"tOp\Kelly\!V!SDAT A\OrdinanceslStorm and Surface Water Rates.doc RL:ksn IIIl7n005 Page 2 of3 Section 4. 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 5. 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 on January 1, 2006. PASSED BY THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, at a Regular Meeting thereof this day of . . 2005 ATIESTj AUTHENTICATED' Steven M. Mullet, Mayor Jane E. Cantu, CMC City Clerk Office of the City Attorney Filed with the City Clerk: Passed by the City Council. Published: Effective Date: Ordinance Number: APPROVED AS TO FORM BY. . . 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