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Home My WebLink AboutCOW 2005-11-14 Item 4E.1 - Ordinance - 2006 Storm and Surface Water Rates and Charges r w`.. GO UNCIL AGENDA SYNOPSIS f S%' Inrtral� ITEM No. t �1 6 I Meeting Date 1 Prepared by 1 Mayor's review Council review u, 1 11/14/05 JM a 7908 I 1 1 ITEM INFORMATION CAS NUMBER. 05-147 I ORIGINAL AGENDA 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 Mtg Date Mtg Date Mtg Date 11/14/05 Mtg Date 11/14/05 itftg Date Mtg Date Mtg Date: I SPONSOR Council illa Adm Svcs DCD Finance Fire Legal P&R El Police PTY/ 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 COW Mtg CA &P Cmte F &S Cmte Transportation Cmte Utihttes Cmte Arts Comm. Parks Comm. Planning Comm. DATE. 11/08/05 RECOMMENDATIONS: SPONSOR /ADMIN Approve PW Fee Resolution and Storm Surface Water Ordinance. CONMIIFIEE 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 1 MTG. DATE I RECORD OF COUNCIL ACTION 11/14/05 1 MTG. DATE I ATTACHMENTS 11/14/05 I 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 VTUK2WOL1\ PUBWORKS \USERS1Gai11GAIL \CAS\Sewer SSW 3.4 Fee Resolution Ordin 11- 14- 05.doc INFORlvIATION l\1EMO To: From: Date: Subject: Mayor Mullet Public W arks Directo~ November 1, 2005 Sewer & Surface Water Rates for 2006 ISSUE Adopt an updated utility fee schedule that would include rate increases for both sewer and surface water to become effective January 1, 2006. BACKGROUND The last sewer rate increase was adopted under Resolution No. 1531, which became effective January 1, 2004. The Public Works Department has analyzed sewer and surface water rates in order to meet both operational and capital needs through the year 201 O. The rate model information (table attached) has a gradual sewer increase each year starting in 2006. The residential sewer rate would increase from $7,00 to $8,00 per month (the residential equivalent fee also has the Metro pass-through of $25.60). Surface water annual fees would increase from $52.00 to $62.00. An increase in surface water would occur every two years. Tukwila's surface water rate is still nearly the lowest among comparable cities in King County. Normandy Park recently formed a Surface Water Utility just a year ago and charges $10.00/month, or $120,OO/year. The information used to assemble the rate model includes data from treatment and operational needs as well as providing the funds necessary to keep the Capital Improvement Program on track. Some of this is to service the debt load for the low interest loans from the Public Works Trust Fund that will fulfill the completion of the Allentown & Foster Point Sewer Project. RECOlVIMENDATION Adopt the Surface Water Ordinance and the Public Works Fee Schedule Resolution. attachments: Rate Comparison Rate Matrix TMC 14,32 Surface Water Ordinance Public Works Fee Schedule Resolution (P:alice\UC 110805 Sewer & SSWM Rates 2(06) Sewer Rates for selected Neighboring Jurisdictions: Name of Community Single Family (monthly) Renton $ 39.03 Auburn 34.85 Seattle 34,22 Tukwila ($1.00 increase) 33.60 Kent 33.47 Val Vue Sewer District 32,60 Tukwila (Current)' 32,60 Friday Harbor $ 71.36 Surface Water Rates for selected Western Washington Cities: Name of Community Annual Rate Monthly Rate Bellevue $ 156,00 $ 13,00 Everett 138.00 11,50 Seattle 121,64 10.14 Tacoma 120.00 10,00 Normandy Park 120,00 10,00 Puyallup 108.00 9,00 Covington 108.00 9,00 King County 102,00 8,50 Des Moines (KC) 102,00 8,50 Kirkland (KC) 102 00 8,50 Mill Creek (KC) 102,00 8,50 Woodinville (KC) 102.00 8,50 Lakewood 9600 8.00 Edmonds 72,00 6.00 Mountlake Terrace 72.00 600 Tumwater 72,00 6.00 Kent 60,00 5,00 Tukwila 52.00 to 62.00 4.33 Algona 36,00 3,00 Lynnwood 30,00 2,50 (P:alice\UC 110805 Sewer & SSV&1 Rate Comparisons) PROPOSED UTILITY RATE INCREASES MONTHLY FEES FOR RESIDENTIAL CUSTOMERS Chapter 1432 STORl\1 Al'JD SURFACE WATER RATES A.l'\J"D CHARGES Sections: l4.32,010Purpose 14.32.020 Definitions 14.32,030UtilIty Rates and ServIce Charges 14,32,040 Special Rates 14.32,050 Service Charge Adjustments 14.32,060Billing and Collectmg 14.32,070 Service Charge Revenues C 14.32 14.32.010Purpose A. The purpose of this chapter is to provide for revenue to construct, reconstruct, replace, improve, operate, repair, maintain, manage, administer, inspect, enforce facilities and activities for the stonn and surface water utility plan and utility. B. This chapter creates a system of rates and charges pursuant to RCW 35.67 for the stonn and surface water utility. (Ord, 1932 ~ l(part), 2000) 14.32.020 DefInitions The following words, when used in TMC Chapter 14,32 shall have the meaning identifIed below: 1. "Billing year" means the calendar year in which bills are sent, 2, "Developed Swface" means those surfaces whIch have altered the natural infiltratIOn or runoff patterns that are charactenstic of natural land as it existed prior to development and are not green and growing, landscaped, or submerged, Such surfaces shall mclude hard surfaces that prevent or retard the entry of water into the sOlI; to mclude, but not limIted to' roof tops, asphalt or concrete paving, driveways, parking lots, patio areas, storage areas, or other compacted surfaces, Such surfaces shall further include porous surfaces WhICh may accelerate the infiltration or transfer of surface or ground water; to include, but not limited to' infiltration pits, piles of rock or quarry spalls, constructed surface water drainage channels, or similar surfaces, 3, "Natural land" means parcels that have not been disturbed from theIr natural state in the last 25 years. 100% of the parcel must be natural land for the parcel to be classIfied as natural land, 4, "Parcel" means the smallest separately segregated unit or plot of land havmg an identified owner(s), boundaries, and area as defmed by the King County assessor and recorded in the Kmg County assessor's real property file or in the King County assessor's maps, 5, "Percent developed surface" means the quotient of the total area of developed surface on a parcel divided by the total area of the parcel. For purposes of determining the rate category, the resultmg percentage shall be rounded to the nearest whole percent. 6. "Undeveloped surface" means any surface area that is green, growing, or landscaped and supporting vegetation and shall include land which is totally submerged, 7. "Property owner of record" means the person or persons recorded by the county assessor to be the owner(s) of property and/or to whom property tax statements are dIrected, 8 "Rate category" means the classification of properties, based upon the estImated percentage of developed surface on the parcel, for purposes of establishing UtIlIty Service Charges, 9, "Service charge" means that charge Imposed on all parcels within the CIty by the storm and surface water utility, and shall be the rate category to which the parcel IS assIgned multiplIed times the total area of the parcel rounded to the nearest 4,356 square feet (lIlOth of one acre) P:\Ryan L\TMC 14.32 Updated 2005,doc 10. "Singlejamily residential parcel" shall mean any parcel which contams one, two or three smgle-family UllltS. A "duplex" is equal to two single-family UllltS A "tnplex" is equal to three smgle- family units, 11. "Utility" means the City storm and surface water management utility. (Ord. 1932 ~ 1 (part), 2000) 14.32,030Utility 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 percent devel- oped surface and the average total area of all single-family parcels in the City, C. Utility rate categories and annual service charges shall be as follows, charged in accordance with the fee schedule to be adopted by motion or resolution of the Tukwila City Council, Servicc Charge Category per acre per 1,356 sq. f+.. 1. Natural $61.20 ~ 2. 0 20% $139.10 $13.91 , . . ~ 3. 21 50% $255,60 $25.56 . , , '" 1. 51 70% $381.10 $38.11 . . 1 ~ ~~ 5, 71 85% $159.10 $15.91 . , , '" ~ 6. 86 100% $536.00 $53.60 , , , '" ~~ ,n --rn ,n, ~1 b 7. Singlc family . , , $52.00 NIA D. Pursuant to RC\V 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 ifthe 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 $6.'12. This charge is equal to the annual charge for a 4,356 square foot parcel in the lowest rate category (1, Natural). (Ord, 1931 ~ 1 (part), 2000) P,\Ryan L\TMC 14.32 Updated 2005 doc 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 smgle person, or whose combined disposable income, if a married couple, from all sources is less than $26,000 $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 infonnation as required by the Fmance Director in order to establIsh eligibility, Each affidavit will also include an unqualified promise to infonn 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 J,llust own and live on a single-family parcel subject to the utility charge. Only one parcel o\ovned by an applicant may receive a low-income, semor 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. (Ord, 1932 ~ I (part), 2000) 14,32.050Service Charge Adjustments A. Any person receivmg a utility service charge may apply in writing to the utility for a service charge adjustment. Filing such a request does not extend the period for payment of the charge. Requests for adjustments on delinquent accounts will not be acted upon until paid in full. B. A request for a billing adjustment may be based on one or more of the following' 1. The total area of the non-single-family residential parcells Incorrect; 2. The percent of developed surface on the non-single-family resIdential parcel(s) for the billing year for which the servIce charge is imposed is incorrect and the actual percent of developed surface on the parcel places it in a rate category different than that used for calculation of the service charge; 3. The parcel or portion of it is outside the CIty and the service charge is calculated on that portion outside the City; 4, The service charge calculated IS erroneous In applying the tenns of this chapter. C, Application for adjustments may be made to the utility. The burden of proof shall be on the applicant to show that the rate adjustment sought should be granted. All decisions of the Director of Public Works shall be final. D, Applications for service charge adjustments shall be filed within 90 days ofthe billing date. E. The Director of Public Works shall establish processes and procedures for reviewing requests for adjustments. (Ord. 1932 ~I(part:), 2000) 14.32.060Billing 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 I ofthe 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. P:\Ryan L\TMC 14.32 Updated 200S.doc 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 law, computed on a monthly basis from the date of delinquency until paid, Q, 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. /... fee of$16,OO or The current charges imposed by the King County Records and Elections division shall be charged to allliened parcels to recov.er the cost of placing and removing the lien on the parcel. Pursuant to RCW 35.67.215, the hen is effective for up to one year's delinquent service charges without the necessIty of any writing or recordmg 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. (Ord. 1932 ~ I (part). ~OOO) 14.32.070 Service Charge Revenues All moneys obtained pursuant to TMC Chapter 14,32 shall be credited and deposited in the storm and surface water management utility fund created by TMC Chapter 14.28. Moneys so obtained shall be spent for the purposes allowed in that chapter. (Ord. 1932 ~ 1 (part), 2000) P,\Ryan L\TMC 14.32 Updated 2005 doc fO!rQjmR~ [lU Ud L~ tr u 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, as 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 (I, Natural). C:IDocuments and Seuings\All UsersIDesktop\Kelly\!vfSDATA\Ordinances\Storm and Surface Water Rates.doc RL:ksn 1111012005 Page 1 of 3 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 $~2,000 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 ftnancial 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 law, 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:iDocuments and SettingsWI Users\Des~~op\Kell}'\MSDATA\Ordinances\Stonn and Surface Water Rates.doc RL:ksn 1111012005 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 ATTEST / AUTHENTICATED. Steven M, Mullet, Mayor Jane E, Cantu, CMC, City Clerk Filed with the City Clerk: Passed by the City Council, Published, Effective Date: Ordinance Number APPROVED AS TO FORM BY Office of the City Attorney C:IDocuments and Seuings\A1I UsersIDesklop\Kelly\MSDATA\OrdinanceslSlOnTI and Surface Weter Retes.doc RL:ksn \III 012005 Page 3 of 3