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HomeMy WebLinkAboutSEPA EPIC-15-89 - CITY OF TUKWILA - SURFACE WATER MANAGEMENT PLANCITY OF TUKWILA SURFACE WATER MANAGEMENT PROGRAM /UTILITY STORM & SURFACE WATER UTILITY & ADOPTION OF PLAN CITY -WIDE EPIC 15 -89 City of Tukwila PLANNING DEPARTMENT 6200 Southcenter Boulevard Tukwila, Washington 98188 (206) 433 -1849 FAX TRANSMISSION DATE /TIME• 6 -12 -89 TO: VALLEY DAILY NEWS (Name) (Company Name) DEPARTMENT OF COMMUNITY DEVELOPMENT FROM: JOANNE JOHNSON PHONE NO: 433 -1849 SUBJECT- DETERMINATION OF NON- SIGNIFICANCE PAGE(s)- 1 (+ Cover Sheet) COMMENTS: 3:30 P.M. (FAX #) FAX #: 433 -1833 PLEASE PUBLISH IN THE WEDNESDAY, JUNE 14, 1989 EDITION OF THE VALLEY DAILY NEWS. WAC 197 -11 -970 DETERMINATION OF NONSIGNIFICANCE Description of Proposal CREATION OF A STORM AND SURFACE WATER UTILITY AND FUND, AND ADOPTION OF A STORM AND SURFACE WATER UTILITY PLAN SUBJECT TO SUBSEQUENT SEPA REVIEW OF INDIVIDUAL UTILITY IMPROVEMENTS. Proponent CITY OF TUKWILA Location of Proposal, including street address, if any WITH CITY LIMITS OF TUKWILA. Lead Agency: City of Tukwila File No. EPIC-15-89 The lead agency for this proposal has determined that it does not have a probable significant adverse impact on the environment. An environmental impact statement (EIS) is not required under RCW 43.21C.030(2)(c). This decision was made after review of a completed environmental checklist and other information on file with the lead agency. This information is available to the public on request. pkThere is no comment period for this DNS [j This DNS is issued under 197 -11- 340(2). Comments must be submitted by . The lead agency will not act on this proposal for 15 days from the date below. Responsible Official Rick Beeler Position /Title Planning Director Address 6200 Southcenter Boulevard, Tuk -14 trg Phone 433 -1846 Date I „� Signature You may appeal this determination to the City Clerk at City Hall, 6200 Southcenter Boulevard, Tukwila, WA 98188 no later than 10 days from the above date by written appeal stating the basis of the appeal for specific factual objections. You may be required to bear some of the expenses for an appeal. Copies of the procedures for SEPA appeals are available with the City Clerk and Planning Department. FM.DNS SEPADRAIN MEMORANDUM TO: RICK BEELER, T TLA PLANNING DEPARTMENT SEPA OFFICIAL LW' FROM: PHIL FRASE''9 SENIOR ENGINEER DATE: 5 -25 -89 SUBJECT: CITY OF TUKWILA SURFACE WATER MANAGEMENT PROGRAM/UTILITY FORMATION ORDINANCE PURPOSE AND MISSION: THE PURPOSE OF THIS ACTION IS TO ADOPT A PLAN FOR THE MANAGEMENT OF THE STORM AND SURFACE WATER AND THE ESTABLISH A STORM DRAINAGE UTILITY FOR THE CITY. THE OBJECTIVE OF THIS UTILITY FORMATION IS TO ASSURE THAT THE LAND USE AND DEVELOPMENT AFFECTING STORM AND SURFACE WATER WILL BE REGULATED AND CONTROLLED UNDER UNIFIED MANAGEMENT OF A PUBLIC STORM AND SURFACE WATER UTILITY TO REDUCE OR CONTROL EROSION. SEDIMENTATION AND PARTICULATE AND OTHER POLLuT I JN OF WATER, DANGER AND DAMAGE TO LIFE AND PROF =RT'; . ALSO. TO ASSURE A COMPREHENSIVE STORM AND SURFACE WATER DRAINAGE PLANNING AND IMPLEMENTATION PROCESS WILL BE CARRIED OUT TO ACHIEVE THESE GOALS. !OLEO THE PAST FIFTEEN YEC ARS AN INCREASING NUMBER OF JURIEDICTIOAS, BOTH IN THE PUGET SOUND REGION AND NATIONWIDE HAVE FORMED SURFACE WATER MANAGEMENT PROGRAMS/UTILITIES AS :A DISTINCT FUNCTION OF LOCAL GOVERNMENT. WHILE SOME JLR I SD _ :T _ _jNE HAVE HAD PROGRAMS FOR SURFACE WATER IN EFFECT SINCE THE M I `_ — _ `? F' S , THE MAJORITY OF EXISTING PROGRAMS HAVE BEEN FORMED DURING r THE CITY ONE THE LAST I- �St)'S, ina= CITY OF TUKWILA 1S Os� :E OF T• _;s =i MUNICIPALITIES WITHIN THE GREENIDUWAMISH LOWER RIVER BASIN TO FORM SUCH A UTILITY. THERE ARE SEVERAL REASONS WHY A NUMBER OF JURISDICTIONS HAVE ESTABLISHED SURFACE WATER MANAGEMENT PROGRAMS AND STORM UTILITIES. MANY JURISDICTIONS HAVE FACED TREMENDOUS PRESSURES FROM THE GRASS ROOTS LEVEL TO PREVENT THE LOSS OF WATER RESOURCES OR INCREASED FLOODING AS DEVELOPMENT OCCURS. THE FORMATION OF A SURFACE BOATER PROGRAM HAS ALLOWED THE ORDERLY IMPLEMENTATION OF DESIGN STANDARDS FOR NEW DEVELOPMENT. OTHER JURISDICTIONS HAVE FACED CHRONIC FLOODING PROBLEMS, BUT HAVE LACKED THE RESOURCES TO ADDRESS THOSE PROBLEMS. ESTABLISHING A FAIR AND UNIFORM METHOD OF FUNDING 'CAPITAL I MPROVEMENTS AND ONGOING 0 AND M COSTS HAS BEEN NECESSARY. AS THE CITY OF TUKWILA EX PANDS THROUGH ANNEXATIONS AND NEW DEVELOPMENTS /REDEVELOPMENTS INTENSIFY LAND USE IN THE CITY (AND UPSTREAM JURISDICTIONS WITHIN OUR COMMON DRAINAGE BASINS), THE CITY IS RECEIVING MORE CITIZEN COMPLA I NTS OF IMPACTS OF STORM DRAINAGE TO THEIR PROPERTIES. TUKWILA IS RECOGNIZING THE NEED FOR A FINANCED STORM UTILITY TO MORE FULLY RESPOND TO COMMUNITY CONCERNS SUCH AS THESE. OVER THE PAST TWENTY —FIVE YEARS THE STORM DRAINAGE INFRASTRUCTURE THAT HAS EVOLVED THROUGH PUBLIC AND PRIVATE DEVELOPMENTS, IS IN NEED OF 0 AND M, ADDITIONAL CAPITAL IMPROVEMENTS AND EVENTUALLY, REHABILITATION AND REPLACEMENTS. THIS UTILITY CAN NO LONGER RELY ON STREET AND ROADWAY MONIES TO FINANCIALLY CARRY OUT 0 AND M AND INFRASTRUCTURE OBLIGATIONS IN THE FACE OF NEW FEDERAL AND STATE REGULATIONS AND REQUIREMENTS WHICH REQUIRE ENFORCEMENT AT THE LOCAL LEVEL. FROM A BUDGETING AND CAPITAL IMPROVEMENTS PRIORITY PERSPECTIVE, DRAINAGE NEEDS DO NOT COMPETE WELL WITH OTHER GENERAL FUND BUDGETARY LINE ITEMS SUCH AS POLICE AND FIRE. FORMATION OF A DEDICATED FUNDING SOURCE (MOST OFTEN A UTILITY) PROVIDES A PREDICTABLE SOURCE OF REVENUE FOR SURFACE WATER PROJECTS. AND 0 AND M. AN ADDITIONAL MOTIVATOR TO FORM A UTILITY HAS BEEN THE REGULATORY ACTIVITY AT THE STATE AND FEDERAL LEVELS. THE CLEAN WATER ACT CONTAINS A PROVISION WHICH WILL REQUIRE ALL CITIES WITH POPULATIONS GREATER THAN 100,000 TO APPLY FOR A STORM WATER PERMIT BY 1992. SMALL CITIES IES WILL BE SUBJECT TO THESE REGULATIONS FOLLOWING 199 ' AND THE COMPLETION OF STUDIES WITH RESPECT TO THE RELATIVE IMPACT OF SMALLER CITIES' STORM WATER QUALITY. SINCE THE REGULATIONS ARE STILL IN DRAFT FORM, THERE IS A POTENTIAL FOR 1 E} I S I LN TO THE DATES AND PROVISIONS. HOWEVER, BECAUSE O— C 1 _ R T MANDATE, i j � CERTAIN THAT H ' CLEAN WATER ACT T REQUIREMENTS WILL B ` IMPOSED • y P f THE FEDERAL GOVERNMENT IN THE CITY OF TU }rILA DURING TH E NEXT TO 10 YEARS AT THE OUTSIDE. HISTORY OF FUNDING AND PLANNING CITY'S STORM DRAINAGE NAGE SYSTEMS e HISTORICALLY, TUK :W I LA HAS FUNDED SURFACE WATER MANAGEMENT CAPITAL PROGRAMS AND MAINTENANCE AND OPERATION OF FACILITIES AS FART OF ITS STREET PROGRAM. SURFACE WATER MANAGEMENT HAS BEEN FUNDED AT INCREASING LEVELS FROM $70,000 IN 1986„ TO $113.000 IN 1987, 47581,000 I N 1988 AND $1,790,000 IN THE 1989 BUDGET. RESOURCES FOR THIS PROGRAM HAVE COME FROM REVENUE ALLOCATED TO THE CITY STREET FUND. ADDITIONALLY, STORM WATER FACILITIES HAVE BEEN CONSTRUCTED BY DEVELOPERS AS A CONDITION OF PRIVATE DEVELOPMENT. A SMALL AMOUNT OF FUNDING HAS BEEN FROM PROJECTS WITHIN COMMON DRAINAGE BASINS THAT CROSS JURISDICTIONAL LINES. LIKEWISE, T UK W I LA HAS CONTRIBUTED FUNDS AND 'ASSISTANCE TO OTHER JURISDICTIONS THROUGH THE GREEN RIVER MANAGEMENT FLAN. AS THE CIT'r EVOLv-ED OVER THE PAST SEVERAL DECADES. STORM WATER FACILITIES HAVE BEEN PROVIDED AS A RESULT OF BOTH PUBLIC AND PRIVATE PROJECTS. THE CONSTRUCTION OF 1 -5 AND 1 -405 IN THE 60'S PROVIDED SOME REGIONAL INTERCEPTOR DRAINAGE SYSTEMS. COUNTY AND CITY PUBLIC :WORK: S PROJECTS PROVIDED LIKE SYSTEMS.. ALSO. PRIVATE DEVELOPMENT IN THE O.B.D. FINANCED STORM DRAINAGE NETWORKS AND ti EXTENSIONS THROUGH BOTH PUBLIC L.I.D'S AND PRIVATE DEVELOPER EXTENSIONS. THE CITY'S RESIDENTIAL NEIGHBORHOODS -- INITIALLY SERVED BY DITCH AND CULVERT SYSTEMS -- ACQUIRED UNDERGROUND PUBLIC STORM DRAINAGE SYSTEMS THROUGH THE CITY'S "RESIDENTIAL STREET IMPROVEMENT PROGRAM" IN THE '70'S AND '8O'S. THAT PROGRAM IS NEARING COMPLETION PER THE CITY'S PRE -1987 ANNEXATION BOUNDARIES. EVEN WITH ALL THE INFRASTRUCTURE IMPROVEMENTS THAT HAVE BEEN PROVIDED IN THE PAST BY PRIVATE AND PUBLIC FINANCING ALIKE, MAJOR STORM DRAINAGE IMPROVEMENT NEEDS EXIST IN THE CITY TODAY. CURRENT PPLANNING EFFORTS HAVE IDENTIFIED $11,111,000 OF STORM WATER IMPROVEMENTS NEEDED. DURING THE PAST FOUR YEARS THE CITY HAS BEEN PREPARING DRAINAGE BASIN STUDIES TO IDENTIFY NEEDED IMPROVEMENTS IN THE MAJOR DRAINAGE AREAS WHICH ARE AS FOLLOWS: FOSTORIA, GILLIAM CREEK, CRESTVIEW, NELSEN PLAACE!LONGACRES AND MOST RECENTLY, IN THE P -17 (C.B.D. AREA ). NINETEEN CAPITAL IMPROVEMENTS TOTALLING 11,111,000 HAVE BEEN IDENTIFIED IN THE CURRENT SURFACE WATER MANAGEMENT PLAN. ADDITIONAL PLANS ARE BEING DEVELOPED FOR THE SMALL REMAINING "UNPLANNED" AREAS WITHIN TUKWILA _ 1988 CITY LIMITS AND THE NEWLY ANNEXED AREAS, ADDITIONAL CAPITAL IMPROVEMENT MAY BE ADDED ONCE THIS EXPANDED COMPREHENSIVE PLANNING EFFORT T S ACCOMPLISHED SOMETIME AROUND SEPTEMBER/OCTOBER OF 1989. FEDERAL AND STATE REGULATIONS: OF MORE IMMEDIATE I MPORTAN E IS THE ACTIVITY OCCURRING AT T_ - STATE LEVEL. THE DEPARTMENT [ EDO7 _1 Y 8 U- R r ! 4° DEV OPTNI OF ECOLOGY C! ri. -.E:�T t , EL _ REGULATIONS THAT WILL RE_4U I RE EVERY CITY AND COUNTY IN THE PUGET SOUND BASIN TO HAVE OR FORM A "BASIC STORM WATER PROGRAM". THE - MINIMUM REQUIREMENTS OF THE PROGRAM WILL INCLUDE MAINTENANCE AND OPERATION OF STORM WATER FACILITIES AT AGREED UPON LEVELS OF SERVICE, POLICIES, ORDINANCES, SYSTEM INVENTORY, WATER QUALITY RESPONSE PROGRAM, PUBLIC EDUCATION, INSPECTION, STRATEGIES FOR INTERLOCAL COOPERATION, AND OTHER MEASURES THE ADOPTION OF A STORM UTILITY ORDINANCE IS A GOOD FIRST STET IN POSITIONING THE CITY TO RESPOND TO PENDING REGULATORY REQUIREMENTS. SCHEDULE: AS EARLY AS JUNE, 1989, THE CITY COUNCIL WILL BE ASKED TO PAS THE ATTACHED ORDINANCE FORMING A STORM U T I L. TY (ORDINANCE ATTACHED). TO DATE. AS STATED ABOVE, THE CITY HAS BUT TOGETHER SEVERAL SA81i1 STUDIES. THE ATTACHED PLAN REPRESENTS THE INITIAL COMPREHENSIVE STORM PLAN FOR TUWKILA. ALSO ATTACHED IS THE INITIAL CAPITAL IMPROVEMENT PROGRAM REPRESENTING 19 STORM PROJECTS AND A FUNDING • NEED OF $11,111,000. THIS INITIAL STORM COMPREHENSIVE PLAN IS CURRENTLY BEING UPDATED. THE UPDATE OF THIS PLAN IS EXPECTED TO BE COMPLETE AROUND SEPTEMBER /OCTOBER OF 1989. WHEN THE UPDATED COMPREHENSIVE STORM PLAN BECOMES AVAILABLE INSEPTEMBER /OCTOBER, 1989, IT WILL BE SENT TO THE COUNCIL FOR ADOPTION AND REPLACEMENT OF THE CURRENT COMPREHENSIVE PLAN. FINALLY, LATER IN 1989, BUT PRIOR TO 1990, THE CITY WILL DEVELOP A FINANCIAL PROGRAM AND RATE STRUCTURE, WHICH WILL BE SENT TO THE COUNCIL FOR CONSIDERATION. BY THE IMPLEMENTATION OF THE ATTACHED STORM UTILITY FORMATION ORDINANCE THE FOLLOWING IS ACCOMPLISHED: 1. ADOPT THE INITIAL COMPREHENSIVE STORM DRAINAGE FLAN 2. ESTABLISH A STORM DRAINAGE UTILITY 7. ESTABLISH A STORM DRAINAGE UTILITY FUND 4. PROVIDE THE CITY WITH AUTHORITY TO ESTABLISH FUTURE RATES AND CHARGES IF YOU HAVE ANY QUESTIONS ^ cGARD Ii L THIS M fi T E; OR REQUIRE ADDITIONAL INPUT, DO NOT HESITATE TO CALL ME (433-0179). ATTACHMENTS ( 9 ) CAPITAOMPRpYEMEN7 PROGR. FOR CITY OF TUKWILA SURFACE WATER MANAGEMENT PROGRAM /UTILITY 0/A BASIN PROJECT RANK* EST -COST FOSTORIA ICC mom 01--1 , as' Ot ALL W/FLAP GATE C 1 -2 DITCH z cu.v T wPROVB rsrs CI-3 cIHANNEL 1MPRovE i rs C1 -4 04We E cuveM women C1-5 ou rFALL immeovEMe rrs C1-6 OUTFALL /DETENTION C 1 -7 our ALL e\L.ARGemersr R F� PIPE NETWORK - INTERURBAN 12 8 7 17 21 18 15 32 $ 58,000 37,000 329,000 38,000 15,000 107,000 152,000 1,365,000 GILLIAM NELSON PL CI 3 NEW 36" OUTFALL CI--4 48" 1:Z) F) IMF' AREAS 4x1 -4 RF' DRAINAGE: SYSTEM 10 13 16 157,000 273,000 2,309,000 4 1 2,658,950 CRESTVIEW NOTES: 2G 1Gt ' gnH,-I CH taax CUL_v�RT CI-2 DETEE NTION SITE C1-3 DETENTION. DOWN DRAIN 01 -4 FAILING Ix CMP WAS' CI -5 FAILING 12' CMP W/21' CI-6 LPGRADE DITCH 1N/DETENTION C1-7 P -17 DETENTION SITES 5 2 150,000 14 954,000 9 1,067,000 6 2 73,000 l2 250,000 11 687,000 431,000 I. COORDINATION W /UPCOMING DEVELOPMENT/IMPROVEMENTS. 2, SAFETY CONCERN. K.CM I.I111 UC - )&:T PA, a7 AHW cram • anN..i i.i'\l i.ina44 sir,,rr cQ. Q7 IHW • Purpose of Checklist: ENVIRONMENTAL CHECKLIST The State Environmental Policy Act (SEPA), chapter 43.21C RCW, requires all governmental agencies to consider the environmental impacts of a proposal before making decisions. An environmental impact statement (EIS) must be prepared for all proposals with probable significant adverse impacts on the quality of the environment. The purpose of this checklist is to provide information to help you and the agency identify impacts from your proposal (and to reduce or avoid impacts from the proposal, if it can be done) and to help the agency decide whether an EIS is required. Instruction for Applicants: This environmental checklist asks you to describe some basic information about your proposal. The City uses this checklist to determine whether the environmental impacts of your proposal are significant, requiring prepara- tion of an EIS. Answer the questions briefly, with the most precise infor- mation known, or give the best description you can. You must answer each question accurately and carefully, to the best of your knowledge. In most cases, you should be able to answer the questions from your own observations or project plans without the need to hire experts. If you really do not know the answer, or if a question does not apply to your proposal, write "do not know" or "does not apply ". Complete answers to the questions now may avoid unnecessary delays later. Some questions ask about governmental regulations, such as zoning, shore- line, and landmark designations. Answer these questions if you can. If you have problems, the City staff can assist you. The checklist questions apply to all parts of your proposal, even if you plan to do. them over a period of time or on different parcels of land. Attach any additional information that will help describe your proposal or its environmental effects. The City may ask you to explain your answers or provide additional information reasonably related to determining if there may be significant adverse impact. Use of checklist for nonproject proposals: Nonproject proposals refer to actions which are different or broader than a single site specific development project, such as plans, policies and programs. Complete this checklist for nonproject proposals, even though questions may be answered "does not apply." In addition, complete the supplemental sheet for nonproject actions (part D). For nonproject actions, the references in the checklist to the words "project," "applicant," and "property or site" should read as "proposal," "proposer," and "affected geographic area," respectively. ENVIRONMENTAL CHECKLIST Control No. Epic File No. fP /C� -/ -b-9 Fee $100.00 Receipt No. 7 A. BACKGROUND City of Tukwila Surface Water Management 1. Name of proposed project, if applicable: (SWM) Program /Utility 2. Name of applicant: City of Tukwila 3. Address and phone number of applicant and contact person: 6300 Southcenter Blvd., Tukwila, WA 98188/(206)433- 0179 /Contact: Phil Fraser, Public Works Department 4. Date checklist prepared: 5 -25 -89 5. Agency requesting Checklist: City of Tukwila 6. Proposed timing or schedule (including phasing, if applicable): This program/ utility development process is scheduled to be completed by the beginning of 1990. 7. Do you have any plans for future additions, expansion, or further activity related to or connected with this proposal? If yes, explain. Program elements may be modified in the future as dictated by surface water management needs. 8. List any environmental information you know about that has been prepared, or will be prepared, directly related to this proposal. Five drainage studies have been prepared: (1)Nelson Place /Longacres Way; (2)Fostoria; (3)Gilliam Creek; (4)Crest- view; and (5)P -17. A SEPA review is currently being conducted for capital improve- ments to the Nelson Place Drainage Basin. 9. Do you know whether applications are pending for governmental approvals of other proposals directly affecting the property covered by your proposal? If yes, explain. Development is currently underway throughout the City and applications of all types are likely pending on many of these. • 10. List any government approvals or permits that will be needed for your proposal. Federal, state and local permits and approvals will be required for capital improvement actions as they are proposed and designed in the future. However, the development of a SWM Program /Utility does not itself require these kinds of permits and approvals. 11. Give brief, complete description of your proposal, including the proposed uses and the size of the project and site. There are several questions later in this checklist that ask you to describe certain aspects of your proposal. You do not need to repeat those answers on this page. Section E requires a complete description of the objectives and alternatives of your proposal and should not be summarized here. The proposed action is the establishment of a drainage utility by passages of an ordinance with a funding base and program plan. This is part of an on mooing City- wide comprehensive program for surface water management within the City of Tukwila. Elements of this program include administration, development of regulations and k in ancing, public involvement, maintenance of existing facilities and the develop- ment of a plan for capital improvements. Specific improvement projects will be (Continued on attached separate sheet) 12. Location of the proposal. Give sufficient information for a person to understand the precise location of your proposed project, including a street address, if any, and section, township, and range, if known. If a proposal would occur over a range of area, provide the range or boundaries of the site(s). Provide a legal description, site plan, vicinity map, and topographic map, if reasonably available. While you should submit any plans required by the agency, you are not required to duplicate maps or detailed plans submitted with any permit applica- tions related to this checklist. The proposal applies to the entire City of Tukwila. 13. Does the proposal lie within an area designated on the City's Comprehensive Land Use Policy Plan Map as environmentally sensitive? Designated environmentally sensitive areas do occur within parts of the City_ covered by this program.* 11. (Continued) subject to SEPA review as they are subsequently proposed. A dedicated funding source for program implementation would be provided through the stormwater utility which will be established by ordinance. TO BE COMPLETED BY APPLICANT • Evaluation for Agency Use Only B. ENVIRONMENTAL ELEMENTS 1. Earth a. General description of the site (circle one): Flat, (11Th?, hilly, steep slopes, mountainous, other b. What is the steepest slope on the site (approximate percent slope)? Approximately 30 percent. c. What general types of soils are found on the site (for example, clay, sand, gravel, peat, muck)? If you know the classification of agricultural soils, specify them and note any prime farmland. soils vary from silty, clay loam to sandy loam, with areas of fill material. d. Are there surface indications or history of unstable soils in the immediate vicinity? If so, describe. Some isolated unstable areas may exist. e. Describe the purpose, type, and approximate quanti- ' ties of any filling or grading proposed. Indicate source of fill. Not applicable. f. Could erosion occur as a result of clearing, construction, or use? If so, generally describe. Not applicable. g. About what percent of the site will be covered with impervious surfaces after project construction (for example,.asphalt or buildings)? Not applicable. • • h. Proposed measures to reduce or control erosion, or other impacts to the earth, if any: Not applicable. 2. Air a. What types of emissions to the air would result from the proposal (i.e., dust, automobile odors, industrial wood smoke) during construction and when the project is completed? If any, generally describe and give approximate quantities if known. Not applicable. b. Are there any off -site sources of emissions or odor that may affect your proposal? If so, generally describe. Not applicable. c. Proposed measures to reduce or control emissions or other impacts to air, if any: Not applicable. 3. Water a. Surface: 1) Is there any surface water body on or in the immediate vicinity of the site (including year - round and seasonal streams, saltwater, lakes, ponds, wetlands)? If yes, describe type and provide names. If appropriate, state what stream or river it flows into. The Green River is the primary water body within the City of Tukwila. The P -17 channel, Gilliam Creek, Tukwila Pond and other undescribed water bodies occur as well. Evaluation for Agency Use Only • - Evaluation for Agency Use Only 2) Will the project require any work over, in, or adjacent to (within 200 feet) the described waters? If yes, please describe and attach available plans. Not applicable. 3) Estimate the amount of fill and dredge material that would be placed in or removed from surface water or wetlands and indicate the area of the site that would be affected. Indicate the source of fill material. Not applicable. 4) Will the proposal require surface water withdrawals or diversions? Give general description, purpose, and approximate quan- tities, if known. Not applicable. 5) Does the proposal lie within a 100 -year floodplain? If so, note location on the site plan. Portions of the City do lie within the 100 -year floodplain. (Refer to Flood Insurance Rate Map for the City of Tukwila - Federal Emer- gency Management Agency). 6) Does the proposal involve any discharges of waste materials to surface waters? If so, describe the type of waste and anticipated volume of discharge. Not applicable. • Evaluation for Agency Use Only b. Ground: 1) Will ground water be withdrawn, or will water be discharged to ground water? Give general description, purpose, and approximate quan- tities, if known. Not applicable. 2) Describe waste materials that will be discharged into the ground from septic tanks or other sour- ces, if any (for example: Domestic sewage; industrial, containing the following chemicals...; agricultural; etc.) Describe the general size of the system, the number of such systems, the number of houses to be served (if applicable), or the number of animals or humans the system(s) are expected to serve. Not applicable. c. Water Runoff (including storm water): 1) Describe the source of runoff (including storm water) and method of collection and disposal, if any (include quantities, if known). Where will this water flow? Will this water flow into other waters? If so, describe. This proposal will address, in concept, a total program for runoff control for the whole City. 2) Could waste materials enter ground or surface waters? If so, generally describe. Not applicable. d. Proposed measures to reduce or control surface, ground, and runoff water impacts, if any: Not applicable, refer to C 1) above. 4. Plants a. Check or circle types of vegetation found on the site: x deciduous tree: alder, maple, aspen, other evergreen tree: fir, cedar, pine, other shrubs x grass x pasture x crop or grain x wet soil plants: cattail, buttercup, bullrush, skunk cabbage, other x water plants: water lily, eelgrass, milfoil, other other types of vegetation b. What kind and amount of vegetation will be removed or altered? Not applicable. c. List threatened or endangered species known to be on or near the site. None are known to be in the area. Evaluation for Agency Use Only • 6. Energy and Natural Resources a. What kinds of energy (electric, natural gas, oil, wood stove, solor) will be used to meet the completed project's energy needs? Describe whether it will be used for heating, manufacturing, etc. Not applicable. b. Would your project affect the potential use of solar energy by adjacent properties? If so, generally describe. Not applicable. c. What kinds of energy conservation features are included in the plans of this proposal? List other proposed measures to reduce or control energy impacts, if any: Not applicable. 7. Environmental Health a. Are there any environmental health hazards, including exposure to toxic chemicals, risk of fire and explosion, spill, or hazardous waste, that could occur as a result of this proposal? If so, describe. Not applicable. 1) Describe special emergency services that might be required. Not applicable. 2) Proposed measures to reduce or control environ- mental health hazards, if any: Not applicable. r Evaluation for Agency Use Only Evaluation for Agency Use Only b. Noise 1) What types of noise exist in the area which may affect your project (for example: traffic, equipment, operation, other)? Not applicable. 2) What types and levels of noise would be created by or associated with the project on a short - term or a long -term basis (for example: traf- fic, construction, operation, other)? Indicate what hours noise would come from the site. Not applicable. 3) Proposed measures to reduce or control noise impacts, if any: Not applicable. 8. Land and Shoreline Use a. What is the current use of the site and adjacent properties? Uses of the area include agriculture residential, commercial, industrial and open space. b. Has the site been used for agriculture? If so, describe. Parts of the City have been used for agriculture. c. Describe any structures on the site. A wide range of structures exist within the City. • d. Will any structures be demolished? If so, what? Not applicable. *Evaluation for Agency Use Only e. What is the current zoning classification of the Site? Refer to the City of Tukwila Zoning Codes. f. What is the current comprehensive plan designation of the Site? Refer to the City of Tukwila Compre- hensive Plan. g. If applicable, what is the current shoreline master program designation of the site ?Refer to the City of Tukwila Shoreline Master Program. The SWM Program (See attached separate sheet). h. Has any part of the site been classified as an "environmentally sensitive" area? If so, specify. See A.13. above. i. Approximately how many people would reside or work in the completed project? Not applicable. j. Approximately how many people would the completed project displace? Not applicable. k. -Proposed measures to avoid or reduce displacement impacts, if any: Not applicable. 1. Proposed measures to ensure the proposal is com- patible with existing and projected land uses and plans, if any: The SWM Program will be developed in compliance with existing and projected nd uses and plans. 8.g. (Continued) will be developed in compliance with policies regarding wetlands now being finalized by the City Planning Department. Evaluation for Agency Use Only 9. Housing a. Approximately how many units would be provided, if any? Indicate whether high, middle, or low- income housing? Not applicable. b. Approximately how many units, if any, would be eli- minated? Indicate whether high, middle, or low - income housing. Not applicable. c. Proposed measures to reduce or control housing impacts, if any: Not applicable. 10. Aesthetics a. What is the tallest height of any proposed structure(s), not including antennas; what is the principal exterior building material(s) proposed? Not applicable. b. What views in the immediate vicinity would be altered or obstructed? Not applicable. c. Proposed measures to reduce or control aesthetic impacts, if any: Not applicable. Evaluation for Agency Use Only 11. Light and Glare a. What type of light or glare will the proposal produce? What time of day would it mainly occur? Not applicable. b. Could light or glare from the finished project be a safety hazard or interfere with views? Not applicable. c. What existing off -site sources of light or glare may affect your proposal? Not applicable. d. Proposed measures to reduce or control light and glare impacts, if any: Not applicable. 12. Recreation a. What designed and informal recreational oppor- tunities are in the immediate vicinity? A variety of passive and active recreational opportunities exist within the 'City. b. Would the proposed project displace any existing recreational uses? If so, describe. Not applicable. c. Proposed measures to reduce or control impacts on recreation, including recreation opportunities to be provided by the project or applicant, if any: Not applicable. • 13. Historic and Cultural Preservation a. Are there any places or objects listed on, or pro- posed for, national, state, or local preservation registers known to be on or next to the site? If so, generally describe. There are a number of City_ sites registered for preservation. b. Generally describe any landmarks or evidence of historic, archaeological, scientific, or cultural importance known to be on or next to the site. A number of cultural resources exist within the City. c. Proposed measures to reduce or control impacts, if any: Not applicable. 14. Transportation a. Identify public streets and highways serving the site, and describe proposed accss to the existing street system. Show on site plans, if any. Tukwila is served by a number of major arterials and a net- work of local streets. b. Is the site currently served by public transit? If not, what is the approximate distance to the nearest transit stop? Not applicable. c. How many parking spaces would the completed project have? How many would the project eliminate? Not applicable. •valuation for Agency Use Only • d. Will the proposal require any new roads or streets, or improvements to existing roads or streets, not including driveways? If so, generally describe (indicate whether public or private). Not applicable. e. Will the project use (or occur in the immediate vicinity of) water, rail, or air transportation? If so, generally describe. Not applicable. f. How many vehicular trips per day would be generated by the completed project? If known, indicate when peak volumes would occur. Not applicable. g. Proposed measures to reduce or control transpor- tation impacts, if any: Not applicable. 15. Public Services a. Would the project result in an increased need for public services (for example: fire protection, police protection, health care, schools, other)? If so, generally describe. City maintenance practices with regard to surface water control facilities may be altered to accommodate the new program. b. Proposed measures to reduce or control direct impacts on public services, if any. Not applicable. dllEvaluation for Agency Use Only • • 16. Utilities a. Circ - utilities urrently available at the site: 44 - - �� servic ep is sys o er. The City is current y carryingout a plann ng process to update the infrastructure of these utilities. electrici alEvaluation for Agency Use Only b. Describe the utilities that are proposed for the project, the utility providing the service, and the general construction activities on the site or in the immediate vicinity which might be needed. A program for capital improvements will be developed as part of this proposal. However, specific improve- ment activities will occur subsequent to project - specific SEPA•review. SWM Program development will (See continuation on attached sheet). C. Signature The above answers are true and complete to the best of my knowledge. I understand that the lead agency is relying on them to make s decision.. Signature: ids y� Date Submitted: ,S— .ZS-a, PLEASE CONTINUE TO THE NEXT PAGE. 16.b. (Continued) result in some changes to City utility (primarily Public Works Department) infrastructure, procedures and possible staffing. , TO BE COMPLETED BY APPLICAN• 411 Evaluation for Agency Use Only D. SUPPLEMENTAL SHEET FOR NONPROJECT ACTIONS (do not use this sheet for project actions) Because these questions are very general, it may be helpful to read them in conjunction with the list of the elements of the environment. When answering these questions, be aware of the extent the proposal, or the types of activities likely to result from the proposal, would affect the item at a greater intensity or at a faster rate than if the proposal were not imple- mented. Respond briefly and in general terms. 1. How would the proposal be likely to increase discharge to water; emissions to air; production, storage, or release of toxic or hazardous substances; or production of noise? The proposal involves developing a utility (by ordinance) and a plan to control current and antici- pated stormwater discharges and would not itself result in increases in these discharges. Proposed measures to avoid or reduce such increases are: None are necessary as a result of this proposal. 2. How would the proposal be likely to affect plants, ani- mals, fish, or marine life? Significant adverse effects are not anticipated. Proposed measures to protect or conserve plants, ani- mals, fish, or marine life are: None are necessary as a result of this proposal. . Evaluation for Agency Use Only 3. How would the proposal be likely to deplete energy or natural resources? Not applicable. Proposed measures to protect or conserve energy and natural resourses are: Not applicable. 4. How would the proposal be likely to use or affect environmentally sensitive areas or areas designated (or eligible or under study) for governmental protection; such as parks, wilderness, wild and scenic rivers, threatened or endangered species habitat, historic or cultural sites, wetlands, floodplains, or prime farmlands? No significant adverse affects are anticipated. Proposed measures to protect such resources or to avoid or reduce impacts are: None are necessary as a result of this proposal. 5. How would the proposal be likely to affect land and shoreline use, inciduing whether it would allow or encourage land or shoreline uses incompatible with existing plans? This SWM Program would be developed in compliance with and guided by local existing and antici- pated uses and plans. SEvaluation for Agency Use Only Proposed measures to avoid or reduce shoreline and land use impacts area: Iterative review of SWM Program elements, as they develop, with land and shoreline use and plans will avoid or reduce potential impacts. How does the proposal conform to the Tukwila Shoreline Master Plan? The Program, by definition, would be developed in conformance with the Tukwila Shoreline Master Plan. 6. How would the proposal be likely to increase demands on transportation or public services and utilities? The proposal will increase demands on the Finance and Public Works Department staff to administer the new SWM Program. Proposed measures to reduce or respond to such demand(s) are: Specific administration and response measures will be spelled out as part of the Program development process. 7. Identify, if possible, whether the proposal may conflict with local, state, or federal laws or requirements for the protection of the environment. The proposal is a direct response to federal and state requirements and impending laws to develop a comprehensive local program for surface water management. • Evaluation for Agency Use Only 8. Does the proposal conflict with policies of the Tukwila Comprehensive Land Use Policy Plan? If so, what poli- cies of the Plan? No. See answer to 5. above. Proposed measures to avoid or reduce the conflict(s) are: See answer to 5. above. TO BE COMPLETED BY APPLICAN• Evaluation for Agency Use Only E. SUPPLEMENTAL SHEET FOR ALL PROJECT AND NON PROJECT PROPOSALS The objectives and the alternative means of reaching the objectives for a proposal will be helpful in reviewing the aforegoing items of the Environmental Checklist. This information provides a general overall perspective of the proposed action in the context of the environmental infor- mation provided and the submitted plans, documents, suppor- tive information, studies, etc. 1. What are the objective(s) of the proposal? The objective of this proposal is to develop a comprehensive program for surface water management (SWM) to reduce adverse run- off water quality and quantity imparts within the City of Tukwila. This proposal also constitutes the City's response to a state and federal mandate to develop a local SWM Program. 2. What are the alternative means of accomplishing these Objectives? There are no.alternatives to developing a SWM PrvgramfUtility other than deferring to another jurisdiction. i.e.. King County. 3. Please compare the alternative means and indicate the preferred course of action: Local Program development is the preferred course of action. • 1 Evaluation for Agency Use Only 4. Does the proposal conflict with policies of the Tukwila Comprehensive Land Use Policy Plan? If so, what poli- cies of the Plan? Refer to D.8. above. Proposed measures to avoid or reduce the conflict(s) are: Refer to D.8. above. -23- CITY OF TUKWILA STORM AND SURFACE WATER UTILITY PLAN MAY" 1989 INDEX 1. CITY BOUNDARY AND DRAINAGE BASIN MAP (AERIAL) 2. DRAINAGE BASIN NAME MAP 1988 ANNEXATION MAP 4. CAPITAL IMPROVEMENT PROGRAM AND PRIORITY RANK: I NG SCHEDULE 4%4 4. Wit ;"- li 1 i "Pit l' 1); '.. - - .1•Xi.9 . 14 ... ' '. . ti 1.■ ' It? ; : 4 ,,r 4:s • , * ,. . a " ,, f '' • ' ' t.I.:;lk.• , ": 7, .. ,■i 't.- • ..i: rf : ; . '''.-S.W■••u, , -:._ ., 4 ,4 , . I, ..ii•fit '!.., i.}. ....: t, 1, ',Ai.' trt - ' i 4,. i t i t 1 lg.artl?,' 45 :- _ . -. 4 . - 44 1 , . ' • , r , -,- ji 11. ■ ' 414,1 , ' 4:1- "'.-. ,. ■ . t,21"' 1—,f;:! ' ' ; ‘:....1t,:t4eik # -=....0..'.:; ''t ."' • '''lcoir''' . ' —. I, 'Y", 41....._'!...:(-:.'i , :. tit/ 1" '4.t1,-1 ..:4:4...," .,,,f,..1,-;.:,z ...,f MAY 26 '89 15:04 LESOURL & PATTEN SEATTLE • AN ORDINANCE OF THE CITY OF TUKWILA, WASHINQTON, IMPLEMENTING THAT PORTION OF THE COMPREHENSIVE LAND USE POLICY PLAN RELATING TO STORM AND SURFACE WATER, ADOPTING A PLAN FOR THE MANAGEMENT OF THE STORM AND SURFACE WATER, ESTABLISHING A STORM AND SURFACE WATER UTILITY AND TRANSFERRING ALL RIGHTS AND INTERESTS NOW OWNED BY THE CITY AND PERTAINING TO STORM AND SURFACE WATER TO THE UTILITY, GRANTING AUTHORITY TO ESTABLISH RATES AND CHARGES OF STORM AND SURFACE WATER, AND ESTABLISHING AN EFFECTIVE DATE. P.2 WHEREAS, pursuant to Section 35.A.80.010 and Chapter 35.67 of the Revised Code of Washington, cities have the authwr4ty to COnutruct. condemn And purchase, acquire, add to, maintain, conduct, and operate a system of storm and surface water APwars; anA WHEREAS, pursuant to the Constitution of the State of Washington, Article 11, Section 11, cities have the power to enact regulations in the interest of the health, oafsty and welfare of ;la &ob. /deunte; and WHEREAS. no general obligation of the City will be incurred in the creation of such utility and the transfer of all Ci4y richt, and interests pertaining to storm And surface water to such utility oe is the adoption of such storm and surface water management plan and the acquiring, construction, maintenance. end operation of ouch utility aetording to Bala aLuruI dud murface water management plan to be adopted herein; and WHEREAS, by Resolution No. 1099, adopted on December 19, 1988, the City Council or the City of Tukwila, Washington (the "City ") resolved to adopt a financial planning model and capital improvement plan for Tukwila, and those plans call for $9 million.in storm and surface water system improvem®nte by 1994; and Page 1 MAY 26 '89 15 :05 LESOURD & PATTEN SEATTLE 40. WHEREAS, several policiae in the City's Comprehensive Land Use Plan address the City's need to control and manage storm and surface water, including charging fees tQ thole who henefit from a storm and eurfeoo wafer system; and P,3 WHEREAS, the City Council chooses to control and prevent flodding, eroRion, pQdi;A *niratiaa A11A rnl rr• quality degradaaioa, aria to prevent lh■ streamways and wetlands of the area within the City limits and surrounding the City in their n Aural state whArR pnasihle. and to pursuo an overall storm end surface water management plan designed Q accommodate futurA %lrhan growth and correct existing storm and surface water problems; and WHEREAS, as development in and around the City increases, the quality and quantity of surface water management becomes more important to citizens; and WHEREASt Preservation of clean water in the Green /Duwamiah river is directly related to the management br Llta survive water in Tukwila; and wHEREA5, the City Cnunnil wishes now to adopt a plan and to ereate a structure for the purpose of implementing policies and plans for storm and surface water management in the City; and WHEREAS, engineering consultants retained by the City and the technical staff of the City have made one or more presentations or reports to the City Council and a public hearing has been held; and WHEREAS, the City's SEPA responsible official has made a determination of nonsignificance; and WHEREAS, after review of the various presentations made to the City Council, and after public hearing thereon, the City Council finds specifically that land use and development affecting etoem aais muk aua water should be I'IHY Cb `by l7; Ub LLt JUK1J rH I I t1Y :7tH 1 1 Lt • • H.4 managed, regulated and controlled under unified management of a storm and surface water utility to reduce or control erosion, sedimentation, and particulate and other pollution of water, danger and damage to life and property, and to protect and encourage the use of natural and efficient man -made means to these ends, and that a comprehensive storm and surface water plan should be adopted for such purposes; and WHEREAS, it is the desire of the City to incorporate into the proposed utility all major surface water courses the title to which is now held or in the future will be held by the City; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, DO ORDAIN AS FOLLOWS: Section 1. Creation of Storm and Surface Water Utility. (a) There is hereby created and established a storm and AnrfAr• water utility of the City which shall administer the City's storm and surface water management program and shall be known as the "City of Tukwila, Washington, Storm and Surface Water Utility" (the "Utility "). (b) The City shall exercise, through the Utility, where possible, all the lawful powers necessary and appropriate to the construction, condemnation and purchase, acquisition, addition to, maintenance, conduct and operation, management, regulation and control of the storm and surface water public utility created by this section as the same may hereafter be added to, bettered or extended within or without the present and future limits of the City, including, without limitation, all the lawful powers to fix, alter, regulate and control the rates, charges and conditions for the use thereof, to purchase and condemn property on behalf of the Utility, to regulate actions taken with respect to public and private property which affect the flow of storm and surface water and the use of storm and surface water facilities, and MAY 26 '89 15:06 LESOURD & PATTEN SEATTLE • • to alter and amend the plan adopted in Section 3 hereof as necessary to implement the policies of the City pertaining to storm and surface water. Section 2. Administrator of Utility. The Director of Public Works or that official designated by the Mayor shall be administrator of the Utility and shall report directly to the Mayor. P.S Section 3. Ado -tion of Storm and Surface Water Utilit Plan. The City Council hereby approves and adopts as the original system or plan of the Storm and Surface Water Utility that report entitled "City of Tukwila Storm and Surface Water Utility Plan" dated on file with the City Clerk and City Engineer and incorporated herein by this reference as though set forth herein. This original system or plan shall include all properties, interests, and physical and intangible rights of every kind or nature owned or held by the City, however acquired, insofar as they relate to or concern storm or surface water, further including without limitations, all such properties, interests, and rights acquired by adverse possession or by prescription, directly or through another, in and to the movement, drainage or storage, or any or all of these, of storm or surface waters, or both, through, under, or over land, landforms, watercourses, sloughs, streams, ponds, lakes, and swamps, all beginning, in each case or instance, at a point where storm or surface waters first enter the storm or surface water system of the City and ending in each case or instance at a point where such storm or surface waters exit from the storm or surface water system of the City, and in width to the full extent of inundation caused by storm or flood conditions. Such plan includes various improvements and betterments of the existing facilities and extensions thereof as are described therein. Section 4. Property Transferred to Utility. The City Council expressly finds that the above - described system and plan of storm and surface water MAY 25 '89 15:07 LESOURD & PATTEN SEATTLE 1 P,5 properties, interests and physical and intangible rights transferred to the Utility is equal to the value of release from primary responsiblity therefor insofar as it relates to or concerns storm or surface waters within the City, and accordingly, all of the above - mentioned facilities for purposes of Section 43.09.210 RCW are hereby traneferred to and subject to the administration of the Utility created by this ordinance, and all other institutions and departments of the City having responsibility therefor are, to the same extent, released from such primary responsibility. Secti n Water Utilit fund. (a) There is hereby created a fund which shall be known as the "Storm and Surface Water Utility Fund ". All revenues, asseosments, and other charges collected by the Utility, or otherwise received for storm and surface water purposes or attributable to the operation and maintenance of the Utility, and all loans to or grants or funds received for its construction, improvement and operation, shall be deposited in the Storm and Surface Water Utility Fund. All disbursements for costs of planning, construction, acquiring, maintaining, operating, and improving the utility facilities, whether such facilities are natural, constructed or both, and administering the Utility, shall be made from the Storm and Surface Water Utility Fund. (b) The City may create, at such time or times as it deems appropriate, any other funds necessary to the administration of the Storm and Surface Water Utility and may designate the revenues to be placed therein and the purpose or purposes of such funds which may be the same as one, some or all of the purposes designated in this section as the purposes of the Storm and Surface Water Utility Fund created herein, and such purposes shall then be transferred to such newly created fund. Section 6. Authority to Establish Rates and Charges. The City shall have authority to establish, by ordinance of the City Council, rate classifications, service charges, system development charges, inspection and 108T Page 5 MAY 28 '89 15 :08 LESOURD & PATTEN SEATTLE 1 P.7 permitting fees, application and connection fees and such other fees and charges necessary and sufficient in the opinion of the City Council to pay for the following: (a) The costs, including debt service and related financing expenses, of the construction, reconstruction and improvement of storm and surface water facilities necessary and required for the handling of storm and surface waters within the service area, but not presently in existence, (b) The operation, repair, maintenance, improvement, replacement and reconstruction of storm and surface water facilities within the service area which presently exist; (c) The purchase of a fee or lesser interest, including easements, in land which may be necessary for the storm and surface water system in the service area including, but not limited to, land necessary for the installation and construction of storm and surface water facilities and all other facilities, including retention and detention facilities, which are reasonably required for proper and adequate handling of storm and surface waters within the service area. (d) The costs of monitoring, inspection, enforcement, and administration of the Utility including, but not limited to, water quality surveillance, private maintenance inspection, construction inspection and other activities which are reasonably required for the proper and adequate implementation of the City's storm and surface water policies; and (e) The construction and subsequent maintenance of those future facilities as required by the storm and surface water 2lan adopted in Section 3 hereof as it shall be amended from time to time. 0 T Page 6 MAY 26 '89 15:09 LESOL I fil °< PATTEN SEATTLE P,8 The fees and charges to be paid and collected pursuant hereto shall not be used for general or other governmental or proprietary purposes of the City, except to pay for the equitable share of the costs of accounting, management and government thereof incurred on behalf of the Utility. Section 7. Limitation of Liability. This ordinance, any storm and surface water code to be adopted by the City Council to implement this ordinance, and any guidelines, rules, standards,epecifications, requirements, regulations, and procedures established pursuant to any section of such code are intended to provide the authority and processes to achieve cost - effective storm and surface water management in normal conditions, including periods and events of precipitation common to the Tukwila area. No City liability shall be inferred, implied, or interpreted by the adoption and application of this ordinance, for damages which result from existing conditions or which occur subsequent to the date of this Ordinance durng that period of time necessary for the City to study the storm and surface water system of the City, to diagnose the storm and surface water problems of the City and to appropriate funds to alter the existing conditions in order to remedy certain storm and surface water problems as and in the order that the City determines to be most critical to the health and safety of the residents of the City as funds become available to remedy these problems. There shall be no liability associated with the Utility's approval of any privately constructed portion of the storm and surface water system and /or privately maintained portion of the storm and surface water system unless the City accepts the same as part of its publicly owned and /or maintained system. Section 8. Severability. If any portion of this ordinance as now or hereafter amended, or its application to any person or circumstances, is held invalid or unconstitutional, such adjudication shall --7t affect the validity of the ordinance as a *hole, or any section, provision or part thereof not adjudged to be invalid or unconstitutional, and its application to other persons or circumstances shall not be affected. 106T Page 7 F.a • • Section 9. Effective Date. This ordinance shall be in force and effect five days after publication of the attached Summary which is hereby approved. Section 10. (a) Section 5 hereof shall be codified as Section of the Tukwila Municipal Code. (b) There is hereby established a new chapter of the Tukwila Municipal Code which shall be Chapter _ "Storm and Surface Water Utility - Creation and Purpose ". Section 1(a) of this ordinance shall be codified therein as Section PASED BY THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, this day of , 1989. ATTEST /AUTHENTICATED: CITY CLERK, MAXINE ANDERSON APPROVED AS TO FORM: OFFICE OF THE CITY ATTORNEY By FILED WITH THE CITY CLERK: PASED BY THE CITY COUNCIL: PUBLISHED: EFFECTIVE DATE: ORDINANCE NO.: 1OAT MAYOR, GARY VAN DUSEN Page 8