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HomeMy WebLinkAboutOrd 1549 - Storm and Surface Water Rates (Repealed by Ord 1779) 04 A 1906 CITY OF TUM/ILA WASHINGTON iAQ,Ad d v 9 ORDINANCE NO. AN ORDINANCE OF THE CITY OF TUKWILA WASHINGTON SETTING II 1 RATE CLASSIFICATIONS AND RATES FOR THE STORM AND SURFACE WATER MANAGEMENT UTILITY AND FIXING AN EFFECTIVE DATE. WHEREAS, by Ordinance No. 1523, passed on July 17, 1989, the City Council of the City of Tukwila, Washington (the "City adopted a plan for management of the storm and surface water, established a Storm and Surface Water Utility and granted authority to establish rates and charges for storm and surface water; and WHEREAS, by Ordinance No. 1523, Section 6, the City established the authority to establish, by ordinance of the City Council, rate classifications, service charges, system development charges, inspections and permitting fees, application and connection fees and other such fees and charges necessary and sufficient in the opinion of the City Council to pay for the following: (a) The costs, including any future debt service and related financing expenses, of the construction, reconstruction and improvement of storm and surface water facilities necessary and required for the handling of storm and surface waters within the service area, but not presently in existence; (b) The operation, repair, maintenance, improvement, replacement and reconstruction of storm and surface water facilities within the service area which presently exist; (c) The purchase of a fee or lesser interest, including easement, in land which may be necessary for the storm and surface water system in the service area including, but not limited to, land necessary for the installation and construction of storm and surface water facilities and all other facilities, including retention and detention facilities, which are reasonably required for proper and adequate handling of storm and surface waters within the service area; (d) The costs of monitoring, inspection, enforcement, and administration of the Utility including, but not limited to, water quality surveillance, private maintenance inspection, construction inspection and other activities which are reasonably required for the proper and adequate implementation of the City's storm and surface water policies; and (e) The construction and subsequent maintenance of those future facilities as required by the storm and surface water plan. The fees and charges to be paid and collected pursuant hereto shall not be used for general or other governmental or proprietary purposes of the City, except to pay for the equitable share of the costs of accounting, management and government thereof incurred on behalf of the Utility; WHEREAS, the City, through a consulting firm, visually inspected all non- single family parcels within the City limits and initially determined the extent to which these parcels were covered with impervious surfaces. WHEREAS, the City, through a consulting firm, notified property owners of the tentative classification of their parcels and reviewed requests for adjustments, notifying property owners of such adjustments; WHEREAS, the City established a storm and surface water advisory committee to review development of the Storm and Surface Water Comprehensive Plan and to review the basis for establishing definitions, rate categories, and actual rates; WHEREAS, by Ordinance No. 1522, adopted on December 18, 1989, the City Council adopted the 1990 Budget of the City including the budget for the Storm and Surface Water Management Utility (the "Utility and this budget assumed that certain available fund balances would be credited to the Utility and that certain revenues to be generated by charging the Utility's customers would be available for Utility purposes. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, DO HEREBY ORDAIN AS FOLLOWS: Section 1. Purpose A. The purpose of this ordinance is to provide for revenue to construct, reconstruct, replace, improve, operate, repair, maintain, manage, administer, inspect, enforce facilities and activities for the Storm and Surface Water Utility Plan and Utility. B. This ordinance creates a system of rates and charges pursuant to RCW 35.67 for the Storm and Surface Water Utility. Section 2. Definitions The following words, when used in this ordinance shall have the meaning identified below: Billing Year shall mean the calendar year in which bills are sent. The first billing year shall be from January 1, 1990 through December 31, 1990. City shall mean the City of Tukwila. Impervious Surface shall mean those hard surfaces which prevent or retard the entry of water into the soil in the manner that such water entered the soil under natural conditions pre- existent to development, grading or alteration of the land. Such surfaces include, but are not limited to, roof tops, asphalt or concrete paving, driveways, parking lots, walkways, patio areas, storage areas, compacted surfaces, or other surfaces which similarly affect the natural infiltration or runoff patterns existing prior to development. Natural Land shall mean parcels that have not been disturbed from their natural state in the last 25 years. One hundred percent of the parcel must be natural land for the parcel to be classified as natural land. Parcel shall mean the smallest separately segregated unit or plot of land having an identified owner(s), boundaries, and area as defined by the King County Assessor and recorded in the King County Assessor's Real Property File or in the King County Assessor's maps. Percent Impervious Surface shall mean the quotient of the total area of impervious 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. Pervious Surface shall be any surface area that is green, growing, or landscaped and supporting vegetation and shall include land which is totally submerged. Property Owner Of Record shall be the person or persons recorded by the King County Assessor to be the owner(s) of property and /or to whom property tax statements are directed. Rate Category shall mean the classification of properties, based upon the estimated percentage of impervious surface on the parcel, for purposes of establishing Utility Service Charges. Service Charge shall be that charge imposed on all parcels within the City by the Storm and Surface Water Utility and shall be the Rate Category to which the parcel is assigned multiplied times the total area of the parcel rounded to the nearest 4,356 square feet (one tenth of one acre). Single Family Residential Parcel shall mean any parcel which contains one, two or three single family units. A duplex is equal to two single family units. A triplex is equal to three single family units. Utility shall mean the City of Tukwila Storm and Surface Water Management Utility. Section 3. Utility Rates and Service Charges A. A Utility Rate and Service Charge is imposed on every parcel within the City, and the owner(s) thereof. This includes but is not limited to parcels owned by the City, by the State, by the County, and all other parcels. B. The Rate Category established herein shall be based upon the contribution of surface and storm water runoff from a parcel to the system. The amount of contribution to the system shall be measured by the estimated percentage of impervious 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 impervious 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: SERVICE CHARGE SERVICE CHARGE PER CATEGORY PER ACRE 4,356 SQUARE FEET 1. Natural $37.20 $3.72 2. 0 percent to 20 percent impervious $80.80 $8.08 3. 21 percent to 50 percent impervious $148.20 $14.82 4. 51 percent to 70 percent impervious $221.00 $22.10 5. 71 percent to 85 percent impervious $266.40 $26.64 6. 86 percent to 100 percent impervious $310.60 $31.06 SERVICE CHARGE PER PARCEL 7. Single Family Residential Parcels $30.00 NA D. Pursuant to RCW 90.03.525, all parcels owned by the State Department of Transportation shall be subject to Service Charges that are equal to thirty percent of that which would result if the Service Charges were calculated according to section 3. C. above. E. Each annual bill will be rounded up to the nearest even number of cents. The minimum annual Service Charge shall be $3.72. This charge is equal to the annual charge for a 4,356 square foot parcel in the lowest rate category (1. Natural). Section 4. Low Income Credit. A. To be eligible for a low income, senior citizen or disabled person credit, applicants must be City residents and meet the criteria established in City Code, Chapter 14. In addition the applicant must own and live on the single family parcel subject to the Utility Charge. Only one parcel owned by an applicant 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. Section 5. Service Charge Adjustments. A. Any person receiving a Utility Service Charge may apply in writing to the Utility 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 impervious 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 impervious surface on the parcel places it in a Rate Category different than that used for calculation of the Service Charge. 3. The parcel or a 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 ordinance. 3 C. Application for adjustments may be made to the Utility. 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 shall establish processes and procedures for reviewing requests for adjustments. Section 6. Billing and Collecting A. All parcels subject to a Service Charge shall be billed twice a year based upon the rate category and acreage applicable to such parcels as of November 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. C. Bills will be sent to property owners or their assignees, approximately during the months of February and August. D. Property owners shall be responsible for all bills not paid by their assignees. 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. F. The Service Charge or any part thereof which becomes delinquent shall bear interest as provided in RCW 35.67.200 at the rate of eight percent per annum, or such rate as may hereafter be authorized by law, computed on a monthly basis from the date of delinquency until 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. The lien shall have superiority as established by RCW 35.67.200 and shall be foreclosed in the manner provided in RCW 35.67.210 through RCW 35.67.290. 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 7. Service Charge Revenues All monies obtained pursuant to this ordinance shall be credited and deposited in the Storm and Surface Water Management Utility Fund created by Ordinance No. 1523. Monies so obtained shall be spent for the purposes allowed in said ordinance. Section 8. Study of Credits to Reduce Charges During 1990, the City, with the help of the Surface Water Management Citizens Advisory Committee will develop a system of rate credits which will reduce service charges applicable to any non single family parcel based upon mitigative measures taken by property owners which reduce the City's costs of storm and surface water management. Section 9. Severability. If any portion of this ordinance as now or hereafter amended, or its application to any person or circumstances, is held invalid or unconstitutional, such adjudication shall not affect the validity of the ordinance as a whole, or any section, provision or part thereof not adjudged to be invalid or unconstitutional, and its application to other persons or circumstances shall not be affected. Section 10. 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 (5) days after passage and publication as provided by law. q PASSED BY THE CITY COUNCIL OF TH CITY F TUKWILA, WASHINGTON, at a Regular Me ther th' R gt day of./ 1989. Ga'rrL. Van busen, Mayor ATTEST /AUTHENTICATED: ai;di/(A-" 'Makin nderson, City Clerk APPROVED AS TO FORM: OFFIC 3 F THE CITY ATTORNEY: By i FIL WITH THE eITY CLERK: /0 /8 8 9 PASSED BY THE CITY COUNCIL; /.2- /8 8 9 PUBLISHED: /a a 7 89 EFFECTIVE DATE: 1- 9 ORDINANCE NO.: 46-4/9 SUMMARY OF ORDINANCE NO. /-5 AN ORDINANCE OF THE CITY OF TUKWILA, WASHINGTON, SETTING RATE CLASSIFICATIONS AND RATES FOR THE STORM AND SURFACE WATER MANAGEMENT UTILITY AND FIXING AN EFFECTIVE DATE. On ,9p,(►„ /8 1989, the City Council of the City of Tukwila, Washington, passed Ordinance No. /S4/9 which provides as follows: Provides for revenue to construct, reconttruct, replace, improve, operate, repair, maintain, manage, administer, inspect, enforce facilities and activities for the Storm and Surface Water Utility Plan and Utility; creates a system of rates and charges pursuant to RCW 35.67 for the Storm and Surface Water Utility; and fixing an effective date. 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 7,21_,. f'` 8 1989. C. 7 Maxi e,Anderson, City Clerk. PUBLISH: VALLEY DAILY NEWS DECEMBER 27, 1989 SENT BY FAX THURSDAY, DECEMBER 21, 1989 TRANSMITTAL: FAX NUMBER: 854 -1006 FROM: CITY OF TUKWI_LA Maxine Anderson, City Clerk. 6200 Southcenter Blvd. Tukwila, WA 98188 433 -1800 0