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HomeMy WebLinkAboutOrd 1714 - 1995 City Metro Rates for Sanitary Sewer Service 1776 1979 1838 2026 2314 §1 (part) 1880 2138 1929 2212 §1 (part) AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, AMENDING CHAPTER 14.16 OF THE I�(Z� TUKWILA MUNICIPAL CODE, TO RAISE THE CITY /METRO RATE FOR SANITARY SEWER SERVICE DUE TO AN INCREASE BY THE METROPOLITAN KING COUNTY COUNCIL, AND TO INCREASE b 1 3 g DISPOSABLE INCOME CRITERION FOR SENIOR CITIZENS AND DISABLED PERSONS TO QUALIFY FOR REDUCED SEWER RATES; REPEALING ORDINANCE NOS. 341; 376; 405; 462; 587; 666; 857; 913; 934; 935; 1007; 1144; 1249; 1352; 1380; 1402, SECTION 3; 1407, SECTION 4; 1540; 1541; 1612; AND 1667; AND SETTING AN EFFECTIVE DATE. WHEREAS, the Metropolitan King County Council has notified the City of its intent to increase its monthly charges to the City for sanitary sewage disposal from the present $15.90 per month per residential equivalent to $17.95 per month per residential equivalent, said increase to be effective January 1, 1995, and WHEREAS, it is necessary for the City to pass this increase on to customers of the City sewer system, and WHEREAS, RCW 74.38.070 authorizes cities and towns to provide utility service to low income senior citizens at reduced rates; and WHEREAS, RCW 84.36.381(5a) sets the rate for combined disposable income at twenty six thousand dollars or less, and WHEREAS, the City wishes to raise the disposable income level criterion of qualified senior /disabled Tukwila residents; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, HEREBY ORDAINS AS FOLLOWS: Section 1. Tukwila Municipal Code Chapter 1416 Sewer Charges, is hereby amended to read as follows. 14.16.010 Definitions. (a) "Commercial and industrial sewage service" means sewage collection and/or sewage disposal service, furnished or available to the use of premises used or engaged in the selling, manufacturing, processing, and/or dispensing of products or services, or otherwise catering to the public. (b) "Dwelling unit" means a unit in an apartment house, rooming house, trailer court, motel, hotel, building or space for human habitation having plumbing facilities for preparation of food, washing dishes, etc., and/or for bathing, and for toilet purposes, for the exclusive use of the individual or individuals occupying the dwelling unit. (c) "Multiple dwelling (permanent type) sewage service" means sewage collection and/or sewage disposal service, furnished or available to the use of premises used for renting of apartments, rooms, other dwelling units with water connections, providing for human habitation on a permanent basis. (d) "Multiple dwelling (transient type) sewage service" means sewage collection and/or sewage disposal service, furnished or available to the use of premises used for renting of motels, hotels, trailer space, and any other building and space providing for human habitation on a transient basis. (e) "Recipient of service" All property owners within the City, within the area served by the sewerage system of the City, are hereby required and shall be compelled to connect their private drams and sewers with the sewerage system of the City; and it is unlawful for any property owner to fail or refuse to make such connections. ORDINANCE Page 2 (f) "Residential sewage service" means sewage collection and/or sewage disposal, furnished or available to the use of premises used primarily for human habitation, excluding those premises used for the renting of rooms, apartments, and trailer space. (g) "Sanitary side sewer" means a sanitary sewer laid generally perpendicularly from a main sanitary sewer in a public right -of -way to the property line of the property to be served by the sewage collection and/or sewer disposal service. (h) "School sewage service" means sewage collection and/or sewage disposal service, furnished or available to the use of premises used for public and/or private schools. (i) "Sewage collection system" means the collection and carrying of sewage through the City's system of sanitary sewers. (j) "Sewage disposal service" means the disposition of sewage by purification in a sewage treatment plant. (k) "Multiple tenant commercial and /or industrial unit sewage service" means sewage collection and/or sewage disposal service, furnished or available to the use of premises used for renting, leasing, subleasing or sale to more than one tenant within a single structure for the purpose of retail or wholesale sales, commercial or industrial use for the manufacture, processing, assembly, disassembly or other related use of similar nature. 14.16.020 Date of commencement for service charge. Charges shall be made for all sewage collection service and/or sewage disposal service furnished, or available for use, from November 30, 1961 Service and charges shall be on a monthly basis, from the 28th of one month to and including the 27th of the next month. All charges shall be billed on the first day of the month following the service month preceding, and shall be payable on or before the tenth day of the month in which the billing is made, and shall be delinquent after that date. All charges shall be billed to the recipient premises, or to the person charged for water furnished by the City, if other than the owner 14.16.030 Schedule of charges. Rates and charges for sewer service furnished and available for use shall be paid by the owner of the property, and shall be as follows. (1) Residential Sewage Service (single dwelling unit) A flat rate of $4.00 per month for each single family residence shall be charged. Every person 62 years of age or older (if married, then either spouse) and every person totally and permanently disabled residing in a sepa- rately metered dwelling and who is paying directly for such separately billed service either as owner, purchaser or renter and whose individual disposable income, if a single person, or whose combined disposable income, if a married couple, from all sources is less than $26,000 per year, shall pay a rate equal to 50% of sewer service charges. Every such person shall file with the Finance Department their affidavit that he or she is qualified to be charged the special rate. Such affidavits are to contain information as required by the Finance Director in order to establish eligibility Each affidavit will also include an unqualified promise to inform the City of any changes in financial condition that would disqualify the person for special rates. The Finance Director may require affidavits on an annual basis if deemed necessary (2) Residential Sewage Service (multiple dwelling unit, permanent type) A flat rate of $4.00 per month for each dwelling unit shall be charged. (3) School Sewage Service The rate shall be the commercial/industrial sewage rate. (4) Commercial and Industrial Sewage Service Each account will be charged a flat rate of $8.00 In addition, the charge for sewage service on premises using more than 750 cubic feet of water per month shall be at the rate of $8.00 per 750 cubic feet. (5) Penalty charge There shall be a penalty charge of $2.00 per month on sewer accounts more than 30 days in arrears. 14.16.040 Special rates. (a) Nothing herein shall be construed to prevent the charging of special rates under agreement between the City and commercial and/or industrial recipient. (b) For the properties complying with this subsection, the charges for sewer services outside the corporate limits of the City shall be the same as those charged within the City, provided that the parties seeking the service shall have paid for the construction of their sewer by a local improvement district or by and at their sole expense in accordance with applicable ordinances, regulations, specifications and comprehensive sewage plans of the City Prior to the connection of the sewer service outside the City limits, a written sewer service contract shall be made and executed between the City and the customer (c) For those properties outside the City corporate limits requesting sewer service who do not comply with the provisions of subsection (b) above, the charges for sewer service shall be two times the amount chargeable under Section 14 16.030, if the service was provided within the corporate limits of the City Prior to the connection of the sewer service outside the City limits, a written sewer service contract shall be made and executed between the City and the customer ORDINANCE Page 3 (d) The connection of service outside the City limits shall be solely at the discretion of the City Council. 14.16.050 Responsibility of owner to pay. Rates and charges herein provided for sewer charges shall be paid by the owner of the property served. 14.16.060 City /METRO agreement charges. In addition to those charges set forth in Section 14 16.030, there shall be charged each month those charges as set forth and defined in Section 5 of the Tukwila/METRO agreement as adopted by Ordinance 461 14.16.065 City /METRO rate. (a) Regular Rate The City/METRO charges as provided in Section 14 16.060 and as required by the agreement for sewage disposal between METRO and the City is set at the sum of $17.95 per month per residential customer and per residential customer equivalent as now defined or hereafter amended in the agreement for sewage disposal between METRO and the City of Tukwila. (b) Reduced Rate Every person 62 years of age or older (if married, then either spouse) and every person totally and permanently disabled residing in a separately metered dwelling and who is paying directly for such separately billed service either as owner, purchaser or renter, and whose individual disposable income if a single person or combined disposable income, if a married couple, from all sources is less than $26,000 per year shall pay a rate equal to 50% of the City/METRO charge. Every such person shall file with the Finance Department their affidavit that he or she is qualified to be charged at the special rate. Such affidavits are to contain information as required by the Finance Director in order to establish eligibility Each affidavit will also include an unqualified promise to inform the City of any changes in financial condition that would disqualify the person for the special rate. The Finance Director may require affidavits on an annual basis if deemed necessary 14.16.070 Regular connection charge. In addition to the permit fees required by Chapter 14 12, the property owner seeking connection to the sewerage system of the City, in order that such property owner shall bear his equitable share of the cost of the City's entire sewer system, shall pay, prior to connection to a City sewer, a regular connection charge in accordance with the following schedule (1) The fee for each single dwelling house shall be $10.00. (2) The fee for multiple dwelling structures such as duplex houses, bungalow courts, apartment buildings, trailer and auto courts or motels or similar structures, shall be $150. 00 for the first dwelling unit and $5.00 for each additional dwelling unit. (3) The fee for any hotel, office building, store, church, school, college, university, commercial, hospital or industrial structure shall be computed by the City engineer at the rate of 1/2 cent per square foot of floor space of said building or structure, for the first 100,000 square feet, and 1/4 cent per square foot for any remaining area in excess of 100,000 square feet, to a maximum fee limit of $1,500. The minimum fee for connecting any such building or structure to a public sewer shall be $150.00. 14.16.072 Special connection charge. In addition to the regular connection charge imposed under Section 14 16.070, a special connection charge shall be paid by the owners of properties which have not been assessed or charged or borne an equitable share of the cost of the City sewerage system. Such charge shall be paid prior to connection to the City, sewer and shall be in an amount to be computed under Section 14 15 074 14.16.074 Special connection charge Computation. The special connection charge imposed by Section 14 16.072 shall be paid to the water and sewer fund and shall be computed as follows: (1) For lateral sewers The number of units of property furnished to be served by the sewer determined in the manner prescribed in RCW 35 44 030 and 35 44.040 for determining "assessable units of frontage" shall be multiplied by the average five -year local improvement assessment per unit of frontage for lateral sewers in the City of Seattle for the five -year period in which the property is to be connected was constructed and accepted as completed, as follows. Year I 1955 -59 1 1960 -64 1 1965 -69 I 1970 1 Sewer Rate $5.26 $8 11 $10 97 $12.00 ORDINANCE Page 4 The lateral sewer charge shall be waived by the City, providing the owner, developer or applicant constructs at his own expense a sanitary sewer to serve his property, and providing that the sewer is in compliance with the comprehensive sewage plan and specifications and requirements of the City The City shall also waive the area or trunk sewer charge if the owner, developer or applicant constructs at his sole expense a sanitary sewer so as to serve other properties, and is over -sized to accept sewage generated from other properties, which properties are not contributing to the construction cost of the over sizing. The construction shall be in accordance with the comprehensive sewage plan and specifications and requirements of the City (2) For trunk sewers The number of square feet of property area to be served by the sewer shall be multiplied by the average local improvement assessment per square foot for trunk sewers in the City of Seattle for the five -year period in which the trunk sewer to which the lateral sewer serving the property is to be connected was constructed and accepted, as follows. Year I 1955 -59 1 1960 -64 1 1965 -69 1 1970 Sewer Rate per Sq. Ft. 0160 0195 0200 0200 Such special connection charge for property abutting on a street, in which a sewer can be constructed or extended to serve such property, shall be computed as if the sewer were so constructed or extended, and the special connection charge for property located back from the margin of the street in which the sewer exists and outside of the assessment district created therefor shall be made giving consideration to the distance of the property from the street margin. In no case shall credit be allowed for the cost of extra length of side sewer required for connection to the City's sewerage system. Provided, that in cases where application of the foregoing formula to a particular property results in a charge which because of unusual conditions is in excess of charges to similar properties, the City supervisor with express approval of the City Council is authorized to reduce the special connection charge to the amount charged to properties similarly situated. 14.16.076 Special connection charge Inclusion of property in local improvement district Credit. If the property for which a special connection charge has been paid is subsequently included in a local improvement district for the construction of sewers of a similar nature, the amount so paid shall be credited to the assessment against such property, and such amount shall be paid from the water and sewer fund to such local improvement district fund. 14.16.078 Side sewer stub installation. If the side sewer stub has not been installed to the property line where the property owner elects to connect, it shall be his responsibility to acquire the necessary permits and bear the cost of all necessary construction to provide the required side sewer stub connection to the sanitary sewer Any property served by the sewer stub connection which has been installed, but which was never assessed nor paid for, shall pay the sum of $150.00 prior to connection to or for the stub. 14.16.080 Conformance to comprehensive sewage plan Lateral and trunk sewer dedication. No sewer shall be connected to the City system which does not conform to the comprehensive sewage plan. Prior to being accepted by the City and connected to the City sewer system, all lateral and trunk sewers shall be dedicated to the City pursuant to a developer's agreement or similar agreement satisfactory to the City 14.16.090 Lien for unpaid charges. The City shall have a lien against the property to which sewer service has been furnished for the delinquent and unpaid rates and charges therefor, together with interest thereon at the rate of 8% per year from date of delinquency, and all costs and fees of foreclosing the same; and the City shall and is required to enforce said liens and foreclose the same in the manner provided by law 14.16.100 Police power. It is declared to be necessary for the protection of the health of the people of Tukwila that all property within the City within the area served by said sewerage system be connected therewith; and this chapter is declared to be an exercise by the police power of the City 14.16.110 Penalty for violation. Any violation of any provision, or failure to comply with any of the requirements of this chapter, shall be subject to the terms and conditions of Chapter 8.45 Section 2. Repealer. City of Tukwila Ordinance Nos. 341, 376; 405, 462; 587, 666; 857, 913, 934, 935, 1007, 1144, 1249; 1352, 1380; 1402, Section 3, 1407, Section 4, 1540; 1541, 1612, and 1667 are hereby repealed. ORDINANCE Section 3. Severabilitv. 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 4. Effective Date. This ordinance shall take effect and be in full force January 1, 1995 PASSED BY THE CITY,OUNCIL F THE CITY OF TUKWILA, WASHINGTON, at a Regular Meeting thereof this J day of 1994 uC Steve Mullet, Mayor Pro Tem ATTEST/AUTHENTICATED I L E C61 (r,f" ne E. Cantu, City Clerk APPROVED AS TO FORM. OFFICE OF THE CITY ATTORNEY 131/( P �cf FILED WITH THE CITY CLERK. PASSED BY THE CITY COUNCIL. S S 9 PUBLISHED• s- 2 9 EFFECTIVE DATE. i— ORDINANCE NO 7/y Page 5 CITY OF TUKWILA SUMMARY OF ORDINANCE NO 7 AN ORDINANCE OF THE CITY OF TUKWILA, WASHINGTON, AMENDING CHAPTER 14.16 OF THE TUKWILA MUNICIPAL CODE, TO RAISE THE CITY /METRO RATE FOR SANITARY SEWER SERVICE DUE TO AN INCREASE BY THE METROPOLITAN KING COUNTY COUNCIL, AND TO INCREASE DISPOSABLE INCOME CRITERION FOR SENIOR CITIZENS AND DISABLED PERSONS TO QUALIFY FOR REDUCED SEWER RATES, REPEALING ORDINANCE NOS. 341, 376, 405; 462, 587, 666, 857, 913, 934, 935, 1007, 1144, 1249, 1352, 1380; 1402, SECTION 3, 1407, SECTION 4, 1540; 1541, 1612, AND 1667, AND SETTING AN EFFECTIVE DATE. On g— S- 9 i` the City Council of the City of Tukwila passed Ordinance No. 7/ '1 increasing charges for sanitary sewage disposal from the present $15 90 per month per residential equivalent to $17 95 per month per residential equivalent; raising the disposable income level criterion of qualified senior /disabled Tukwila residents to qualify for reduced sewer rates, providing for severability and establishing an effective date of January 1, 1995. 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 ()S-e /6^ /977 Published Seattle Times: 8- 2 (o -9 L/ e E. Cantu, City Clerk