HomeMy WebLinkAboutReg 2018-12-03 Item 4D - Ordinance - Change Billing and Collecting of Storm and Surface Water Services to King County COUNCIL AGENDA SYNOPSIS
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ITEM INFORMATION
STAFF SPONSOR: PEGGY MCCARTHY ORIGINAL AGENDA DATE: 12/3/18
AGENDA ITEM TITLE Approve ordinance revising TMC 14.32 for transition of surface water billing to King
County
CATEGORY 0 Discussion E Motion 0 Resolution Z Ordinance E Bid Award 0 Public Hearing 0 Other
Mtg Date Mtg Date Altg Date Mg Date 12/3/18 Mfg Date Mtg Date Mtg Date
SPONSOR ECounci l ilMayor E 1 IR ODCD ZFinance E Fire OTS EP&R OPoli ce DPW Court
SP ONSOR'S Per Council's approval on September 17 to transfer the surface water billing to King
SUMMARY County, approve revisions to TMC 14.32 to align with new surface water billing policy and
procedures.
Ri:,VIEVA,;D BY E C.O.W. Mtg. E CDN Comm Z Finance Comm. E Public Safety Comm.
El Trans &Infrastructure E] Arts Comm. 1:11 Parks Comm. C] Planning Comm.
DATE: 11/20/18 COMMITTEE CHAIR: QUINN
RECOMMENDATIONS:
SpoNsoR/ADmiN. Finance Department
COMMITTEE Unanimous approval; forward to Regular Meeting Consent
COST IMPACT / FUND SOURCE
EXPENDITURE REQUIRED AMOUNT BUDGETED APPROPRIATION REQUIRED
$ $ $
Fund Source:
Comments:
MTG. DATE RECORD OF COUNCIL ACTION
MTG. DATE ATTACHMENTS
12/3/18 Informational Memorandum dated 11/14/18
Draft Ordinance
Minutes from the Finance Committee meeting on 11/20/18
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4,WILA h,
o Jr, „ Qsz City of Tukwila
ow ovIr
o Allan Ekberg, Mayor
19os INFORMATIONAL MEMORANDUM
TO: Finance Committee
FROM: Peggy McCarthy, Finance Director
BY: Richard Takechi, Fiscal Specialist
CC: Mayor Ekberg
DATE: November 14, 2018
SUBJECT: Revise Tukwila Municipal Code Chapter 14.32, Storm and Surface Water
Rates and Charges, for transition of billing and collection responsibilities
to King County, effective January 1, 2019
ISSUE
Approve updates to the Tukwila Municipal Code (TMC), Chapter 14.32, Storm and Surface Water
Rates and Charges, for changes in billing and collection processes resulting from the transition
of these responsibilities to King County, effective January 1, 2019.
BACKGROUND
On September 17, 2018, the City Council authorized the Mayor to sign an interagency agreement
with King County whereby King County would become the City's billing and collection agent for
City-provided storm and surface water services, effective on January 1, 2019. Certain changes
to the TMC Chapter 14.32, Storm and Surface Water Rates and Charges, are required to conform
the code to the new billing process. Changes have been made to section 14.32.060, Billing and
Collecting, and to section 14.32.040, Special Rates, accordingly.
DISCUSSION
The proposed code changes for billing process and special rates are necessary to align it with
the interagency agreement with King County.
RECOMMENDATION
The Finance Committee is being asked to approve the proposed changes to the TMC Chapter
14.32 and forward this item to the December 3, 2018 Regular meeting Consent agenda.
ATTACHMENTS
Draft Ordinance
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AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
TUKWILA, WASHINGTON, AMENDING ORDINANCE NOS.
2104 §2 AND §3 AND 1932 §1 (PART), AS CODIFIED AT
TUKWILA MUNICIPAL CODE SECTIONS 14.32.040, 14.32.050,
14.32.060, AND 14.32.070, TO CHANGE THE BILLING AND
COLLECTING OF STORM AND SURFACE WATER SERVICE
CHARGES PURSUANT TO THE DESIGNATION OF KING
COUNTY AS THE CITY OF TUKWILA'S AGENT FOR BILLING
AND COLLECTING; PROVIDING FOR SEVERABILITY; AND
ESTABLISHING AN EFFECTIVE DATE.
WHEREAS, the City of Tukwila's Finance Department is responsible for billing and
collecting all storm and surface water service charges and maintaining the storm and
surface water account data, which includes ownership changes; mailing/site address and
contact information changes; changes in rate classifications; and area changes due to short
plats, consolidations and boundary line adjustments; and
WHEREAS, the number of surface water accounts on August 31, 2018 totaled 5,286;
and
WHEREAS, the Mayor's Office and the Public Works Department, in addition to the
Finance Department, field questions and complaints from the public regarding the bills and
the Surface Water Utility in general; and
WHEREAS, the entire process of billing, receipting and maintaining the customer
accounts and interacting with the public takes significant resources and time for the City;
and
WHEREAS, transferring the billing and receipting to King County will allow City
personnel to devote time and resources to other duties;
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NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF TUKWILA,
WASHINGTON, HEREBY ORDAINS AS FOLLOWS:
Section 1. TMC Section 14.32.040 Amended. Ordinance Nos. 2104 §2 and 1932
§1 (part), as codified at TMC Section 14.32.040, "Special Rates," are 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
couple, from all sources is less than $32,000 per y ar, shall pay a rate equal to 50% of
their affidavit that he or she is qualified to be charged the special rate. Such affidavits are
if deemed necessary. In addition, the
applicant must own and live on a single family parcel subject to the utility charge. Only
pplicant 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.
The charge for a residential parcel that is owned by and is the personal residence of
a person or persons determined by the King County Assessor as qualified for a low
income senior citizen rate adjustment or a low income disabled citizen rate adjustment
pursuant to RCW 84.36.381, or as the same may hereafter be amended, shall be 50% of
the residential rate set forth in TMC Section 14.32.030.
Section 2. TMC Section 14.32.050 Amended. Ordinance No. 1932 §1 (part), as
codified at TMC Section 14.32.050, "Service Charge Adjustments," is hereby amended
to read as follows:
14.32.050 Service Charge Adjustments
A. Any person receiving a utility service charge may apply in writing to the
tifi-tyDirector of Public Works of the City of Tukwila 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 parcel is incorrect;
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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 terms of this
chapter.
C. Application for adjustments may be made to the utilityDirector of Public Works of
the City of Tukwila. 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 of the
billing date.
E. The Director of Public Works of the City of Tukwila shall establish processes and
procedures for reviewing requests for adjustments.
Section 3. TMC Section 14.32.060 Amended. Ordinance Nos. 2104 §3 and 1932
§1 (part), as codified at TMC Section 14.32.060, "Billing and Collecting," are hereby
amended to read as follows:
14.32.060 Billing and Collecting
A. Pursuant to an interagency agreement, King County is designated as the City's
agent for the purpose of billing and collecting storm and surface water service charges
from City property owners and disbursing funds to the City. A copy of the interagency
agreement shall be available in the office of the City Clerk for use and examination by the
public. All parcels subject to a service charge shall be billed twice a year annually based
upon the rate category and acreage applicable to such parcels as of November 1 August
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.
B. For all parcels, except those owned by the City, condominium complexes or the
Washington State Department of Transportation for public highways, roads and rights-of-
way, the service charge shall be included on the annual King County Property Tax
Statement, which shall be sent in the manner established by state law and county
ordinance. One-half of the total annual service charge applicable to the parcel shall be
due on April 30 and the other half shall be due on October 31, consistent with the due
date of the King County Property Tax bill. Any payment not received by the due date
shall be considered delinquent.
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C. For parcels owned by the City; condominium complexes; or those of the
Washington State Department of Transportation for public highways, roads and rights-of-
way, bills shall be sent to the property owners by the City in January of each year and
shall be due in full within 60 days of the date of the bill. After that period the bill shall be
considered delinquent.
D. Property owners shall be responsible for all bills not paid. The City may pursue
collection of any delinquent bills outstanding on January 1, 2019. King County, as the
City's agent, shall pursue collection of any bills that become delinquent after January 1,
2019.
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.
FE. 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.
GF. 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 all liened 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.
Section 4. TMC Section 14.32.070 Amended. Ordinance No. 1932 §1 (part), as
codified at TMC Section 14.32.070, "Service Charge Revenues," is hereby amended to
read as follows:
14.32.070 Service Charge Revenues
All moneys obtained by the City 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.
Section 5. 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.
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Section 6. 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 7. 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 January 1,
2019.
PASSED BY THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, at
a Regular Meeting thereof this day of , 2018.
ATTEST/AUTHENTICATED:
Christy O'Flaherty, MMC, City Clerk Allan Ekberg, Mayor
APPROVED AS TO FORM BY: Filed with the City Clerk:
Passed by the City Council:
Published:
Effective Date:
Rachel B. Turpin, City Attorney Ordinance Number:
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Finance Committee Minutes November20,2018
C. Ordinance: 2018 Budget Amendment
Staff is seeking Council approval of an ordinance to amend the 2017-2018 Biennial Budget. Staff
provided an overview of the changes, categorized as existing service levels, revenue backed,
carryovers,initiatives,and Public Safety Plan.These types of budget amendments are not legally
required but staff policy is to implement them for greater transparency and record-keeping.
UNANIMOUS APPROVAL. FORWARD TO NOVEMBER 26,2018 COMMITTEE OF THE WHOLE.
D. Ordinance: Storm and Surface Water Billing
Staff is seeking Council approval of an ordinance that would amend Tukwila Municipal Code
Chapter 14.32, Storm and Surface Water Rates and Charges, for changes in billing and collection
processes resulting from the transition to King County effective January 1,2019.The City Council
authorized the interagency agreement with King County on September 17, 2018. UNANIMOUS
APPROVAL. FORWARD TO DECEMBER 3, 2018 REGULAR CONSENT AGENDA.
III. MISCELLANEOUS
Adjourned at 6:22 p.m.
Committee Chair Approval
Minutes by LH
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