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HomeMy WebLinkAboutReg 2013-02-04 Item 6B - Ordinance - Utility Leak Adjustment PolicyCOUNCIL AGENDA SYNOPSIS Initials Meetin. Date Preiared b �' or's review Council review 01/28/13 PMC WAWA MBc U 11' 02/04/13 PMC ❑ Bid Award Mtg Date ❑ Public Hearing Mtg Date ❑ Other Mtg Date CATEGORY ►1 Discussion I I Ordinance Mtg Date Mtg Date 02/04/13 SPONSOR ❑ Counci l ❑ Mayor ❑ HR ❑ DCD /1 Finance ❑ Fire ❑ IT ❑ P &R ❑ Police ❑ PW ITEM INFORMATION ITEM No. 6.B. 89 STAFF SPONSOR: PEGGY MCCARTHY ORIGINAL AGENDA DATE: 01/28/13 AGENDA ITEM TITLE Repeal Ordinance No. 2313 Section Ordinance No. 2314 Section 3 1 as it relates as it relates to to water bill leak adjustments and sewer bill leak adjustments. 01/28/13 ❑ Motion Mtg Date ❑ Resolution Mtg Date ❑ Bid Award Mtg Date ❑ Public Hearing Mtg Date ❑ Other Mtg Date CATEGORY ►1 Discussion I I Ordinance Mtg Date Mtg Date 02/04/13 SPONSOR ❑ Counci l ❑ Mayor ❑ HR ❑ DCD /1 Finance ❑ Fire ❑ IT ❑ P &R ❑ Police ❑ PW SPONSOR'S Repeal Ordinance No. 2313 Section 1 as codified at TMC Section 14.04.245 and Ordinance SUMMARY No. 2314 Section 3 as codified at TMC Section 14.16.055 to remove language related to water and sewer bill leak adjustments REVIEWED BY ❑ COW Mtg. ❑ CA &P Cmte ❑ Utilities Cmte ❑ Arts Comm. DATE: 01/23/13 ►/ F &S Cmte ❑ Transportation Cmte Comm. ❑ Planning Comm. CHAIR: ROBERTSON ❑ Parks COMMITTEE RECOMMENDATIONS: SPONSOR /ADMIN. COMMTTTEE Finance Unanimous Approval, Forward to Committee of the Whole COST IMPACT / FUND SOURCE EXPENDITURE REQUIRED AMOUNT BUDGETED APPROPRIATION REQUIRED $0 $0 $0 Fund Source: Comments: MTG. DATE RECORD OF COUNCIL ACTION 01/28/13 Forward to next Regular Meeting MTG. DATE ATTACHMENTS 01/28/13 Informational Memorandum dated 01/14/13 Ordinance in Draft Form Current Leak Adjustment Policy No. 300 -14 with changes tracked Ordinance No. 2313 Ordinance No. 2314 Minutes from Finance and Safety Committee meeting of 01/23/13 2/4/13 Ordinance in final form 89 90 City of Tukwila Washington Ordinance No. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, REPEALING ORDINANCE NO. 2313, §1 (PART), AS CODIFIED AT TMC SECTION 14.04.245; ORDINANCE NO. 2314, §3 (PART), AS CODIFIED AT TMC SECTION 14.16.055; AND THE REMAINING SECTIONS OF ORDINANCE NO. 2252 ( §3 AND §4) RELATING TO THE CITY'S UTILITY LEAK ADJUSTMENT POLICY; PROVIDING FOR SEVERABILITY; AND ESTABLISHING AN EFFECTIVE DATE. WHEREAS, Ordinance Nos. 2313 and 2314 set forth a procedure for approval, calculation, and adjustment of water, sewer, and sewage treatment charges where excessive water consumption can be attributed to a water leak; and WHEREAS, Ordinance Nos. 2313 and 2314 require that amendments to the leak adjustment policy be approved by the Finance & Safety Committee; and WHEREAS, this process is in conflict with the regular and usual practice of the City Council to set policies as the entire Council; and WHEREAS, it has been determined that the leak adjustment policy is strictly administrative in nature and those above - referenced sections of Ordinance Nos. 2313 and 2314 should be repealed; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, HEREBY ORDAINS AS FOLLOWS: Section 1. Repealer. Ordinance Nos. 2313 §1 (part), as codified at TMC Section 14.04.245, "Water Bill Leak Adjustments;" and Ordinance No. 2314, §3 (part), as codified at TMC Section 14.16.055, "Sewer Bill Leak Adjustments;" are hereby repealed. As the remaining sections of Ordinance No. 2252 ( §3 and §4) are no longer applicable, they are also repealed, thereby completing the repeal of Ordinance No. 2252 in its entirety. W: Word Processing \Ordinances \Repeal ordinance relating to utility leak adjustment policy 12 -27 -12 VC:bjs Page 1 of 2 91 92 Section 2. 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 3. 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 4. 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 five days after passage and publication as provided by law. PASSED BY THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, at a Regular Meeting thereof this day of , 2013. ATTEST /AUTHENTICATED: Christy O'Flaherty, MMC, City Clerk APPROVED AS TO FORM BY: Shelley M. Kerslake, City Attorney Jim Haggerton, Mayor Filed with the City Clerk: Passed by the City Council: Published: Effective Date: Ordinance Number: W: Word Processing \Ordinances \Repeal ordinance relating to utility leak adjustment policy 12 -27 -12 VC:bjs Page 2 of 2