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Home My WebLink AboutOrd 2594 - Storm and Surface Water Billings and Collections Services Transferred to King CountyCot *-4 y of T 1 U11<:wiia Washington Ordinance o (, 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; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, HEREBY ORDAINS AS FOLLOWS: W: Word Processing\Ordinances\SSW Billing transferred to King County-TMC 14.32 11-27-18 PM:bjs Page 1 of 4 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 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 Director 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; 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 Director 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. W: Word Processing\Ordinances\SSW Billing transferred to King County-TMC 14.32 11-27-18 PM:bjs Page 2 of 4 Section 3. TIVIC Section 14.32.060 Amended. Ordinance Nos. 2104 §3 and 1932 §1 (part), as codified at TIVIC 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 annually based upon the rate category and acreage applicable to such parcels as of August 1 of the year prior to the billing year. 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. 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 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. F. 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 W: Word Processing\Ordinances\SSW Billing transferred to King County-TIVIC 14.32 11-27-18 PM:bjs Page 3 of 4 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. 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 COUN L OF THE CITY OF TUKWILA, WASHINGTON, at a Regular Meeting thereof this fj? V� 0 day of -(, Q, b )2018. ATTEST/AUTHENTICATED: Christy O'Plaherty, MMC, CitJerk Rachel B. Turpin, City Attorney Verna Seal, Mayor Pro Tempore Filed with the City Clerk: Passed by the City Council: Published: Effective Date: f V 0 (f L (2A) L4 Ordinance Number:" W: Word Processing\Ordinances\SSW Billing transferred to King County-TMC 14.32 11-27-18 PM:bjs Page 4 of 4 City of Tukwila Public Notice of Ordinance Adoption for Ordinances 2594-2597. On December 3, 2018 the City Council of the City of Tukwila, Washington, adopted the following ordinances, the main points of which are summarized by title as follows: Ordinance 2594: 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, Ordinance 2595: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, RENEWING A SIX-MONTH MORATORIUM WITHIN THE TUKWILA INTERNATIONAL BOULEVARD STUDY AREA IN THE CITY OF TUKWILA ON THE DEVELOPMENT OF CERTAIN USES SUCH AS HOTELS, MOTELS, EXTENDED -STAY FACILITIES, OR AUTO -ORIENTED USES; SETTING A DATE FOR A PUBLIC HEARING ON THE MORATORIUM RENEWAL; PROVIDING FOR SEVERABILITY; AND ESTABLISHING AN EFFECTIVE DATE. Ordinance 2596: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, AMENDING ORDINANCE NO. 2515, WHICH ADOPTED THE CITY OF TUKWILA'S BIENNIAL BUDGET FOR THE 2017-2018 BIENNIUM, TO ADOPT AN AMENDED YEAR-END BUDGET; PROVIDING FOR SEVERABILITY; AND ESTABLISHING AN EFFECTIVE DATE. Ordinance 2597: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, ADOPTING THE BIENNIAL BUDGET OF THE CITY OF TUKWILA FOR THE 2019-2020 BIENNIUM; PROVIDING FOR SEVERABILITY; AND ESTABLISHING AN EFFECTIVE DATE. The full text of this ordinance will be provided upon request. Christy O'Flaherty, MMC, City Clerk Published Seattle Times: December 6, 2018