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Home My WebLink AboutOrd 1720 - Storm and Surface Water Billing Practices and Definitions (Repealed by Ord 1779)01\ City of Tukwila Washington Ordinance No. / /02 0 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TUK- WILA, WASHINGTON, AMENDING ORDINANCE NO 1549, AS CODIFIED AT TMC 14.32.020, 14.32.030, 14.32.050 AND 14.32.060, RE- LATING TO THE STORM AND SURFACE WATER UTILITY BILL- ING PRACTICES AND DEFINITIONS, REPEALING ORDINANCE NO 1719; PROVIDING FOR SEVERABILITY, AND ESTABLISHING AN EFFECTIVE DATE. WHEREAS, by Ordinance No. 1549, passed on December 18, 1989, the City Council of the City of Tukwila adopted Sections 2, 3, 5, and 6, relating to surface water service charge adjust- ments, billing and collection procedures, and WHEREAS, in accordance with RCW 35.67.215, the City may by ordinance provide that a lien shall be effective for up to one year's delinquent service charges without the necessity of any writing or recording of the lien with the County Records and Elections Division and the City Council desires to enact this one year period pertaining to delinquent surface water service charges, and WHEREAS, the City desires to have property owners responsible for delinquent payments including recording costs for the placing and removing of liens, and WHEREAS, the consistent application of surface water service charges will be maintained through additional refinements to the definition section and those sections containing the newly defined terms, NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHING- TON, HEREBY ORDAINS AS FOLLOWS: Section 1. Ordinance No. 1549, Section 2 "Definitions" as codified at TMC 14.32.020(2) (5), (6) and (8) are amended to read as follows. 2. "Developed Surface" means those surfaces which have altered the natural infiltration or runoff patterns that are characteristic of natural land as it existed prior to development and are not green and growing, landscaped, or submerged. Such surfaces shall include hard surfaces that prevent or retard the entry of water into the soil, to include, but not limited to roof tops, asphalt or concrete paving, driveways, parking lots, patio areas, storage areas, or other compacted sur- faces. 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. 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 resulting 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. 8. "Rate Category" means the classification of properties, based upon the estimated per- centage of developed surface on the parcel, for purposes of establishing Utility Service Charges. Section 2. Ordinance No. 1549, Section 3.B. and 3.C. and TMC 14.32.030(b) and (c) is amended to read as follows. 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 (one tenth 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 developed 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. CATEGORY 1 Natural 2. 0 percent to 20 percent developed surface 3. 21 percent to 50 percent developed surface 4. 51 percent to 70 percent developed surface 5. 71 percent to 85 percent developed surface 6. 86 percent to 100 percent developed surface 7 Single Family Residential Parcels SERVICE CHARGE PER ACRE $37.20 $80.80 $148.20 $221.00 $266.40 $310.60 SERVICE CHARGE PER PARCEL SERVICE CHARGE PER 4,356 SQUARE FEET $3.72 $8.08 $14.82 $22.10 $26.64 $31.06 $30.00 NA Section 3. Ordinance No. 1549 Section 5 B.2. and 5 D , as codified at TMC 14.32.050(b)(2) and (d), are amended to read as follows. B. 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 cal- culation of the Service Charge. D All requested adjustments approved by the Director of Public Works shall be limited retro- actively to a two (2) year time period from the billing date of the last semi - annual bill. Applica- tions for service charge adjustments shall be filed within 90 days of each billing date. Section 4. Ordinance No. 1549 Section 6 C., D , and G., as codified at TMC 14.32.060 (c), (d), and (g), are amended to read as follows. 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. 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 A fee of fourteen dollars ($14.00) 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 effec- tive for up to one year's delinquent service charges without the necessity of any writing or re- cording of the lien with the King County Records and Elections Division. In the case of foreclo- sure actions to collect delinquencies, the City shall seek also to collect reimbursement of reason- able costs of collection including, but not limited to, attorney's fees, staff time and filing fees. Section 5. Repealer. Ordinance No. 1719, adopted by the City Council on November 21, 1994 is hereby repealed. Section 6. Severability If any section, sentence, clause or phrase of this ordinance should be held to be invalid or unconstitutional by a court of competent jurisdiction, such invalidity or unconstitutionality shall not affect the validity or constitutionality of any other section, sentence, clause or phrase of this ordinance. Section 7. Effective Date. This ordinance or a summary thereof shall be published in the of- ficial newspaper of the City, and shall take effect and be in full force five (5) days after passage and publication as provided by law PASSED BY THE CITY COUNCIL OF THE CITY OF UKWILA, WASHINGTON, at a o Regular Meeting thereof this t!c' day of -e-L ,1994. ATTEST /AUTHENTICATED• D'ide-e_ dti 7 Jaye E. Cantu, City Clerk APPROVED AS TO FORM. By -i' 2 A 1 Office of the City Attorney FILED WITH THE CITY CLERK. /1- Z V- q PASSED BY THE CITY COUNCIL. I/ 2 8 9%4 PUBLISHED• 4;2 -9- 9 y EFFECTIVE DATE. i 2. 7- q ORDINANCE NO i'12 o \ii. 4() ie,,,, Jo W Rants, Mayor SUMMARY OF ORDINANCE NO 1 4) AN ORDINANCE OF THE CITY OF TUKWILA, WASHINGTON, AMENDING ORDINANCE NO 1549, AS CODIFIED AT TMC 14.32.020, 14.32.030, 14.32.050 AND 14.32.060, RELATING TO THE STORM AND SURFACE WATER UTILITY BILLING PRACTICES AND DEFINITIONS; REPEALING ORDINANCE NO 1719; PROVIDING FOR SEVERABILITY, AND ESTABLISHING AN EFFECTIVE DATE. On r/ the City Council of the City of Tukwila passed Ordinance relating g storm and surface water utility, providing a two-year �iD e ear Y adjustment period limit, responsibility for payment, establishing a charge for the placing and removing of liens, extending the period for recording a lien from six months to one year with the County Records and Elections Division, refining certaining definitions, providing for severability and establishing an effective date. CITY OF TUKWILA The full text of this ordinance will be mailed without charge to anyone who submits a written request to the City Clerk of the City of Tukwila for a copy of the text. APPROVED by the City Council at its meeting of`�e7Z /y,JL- Fri/ Jane E. Cantu, 4y Clerk Published Seattle Times: Fri day, December 2 1994