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HomeMy WebLinkAboutOrd 1523 - Storm and Surface Water Comprehensive Plan CITY OF TUKWILA WASHINGTON ORDINANCE NO. 1523 AN ORDINANCE OF THE CITY OF TUKWILA, WASHINGTON, IMPLEMENTING THAT PORTION OF THE COMPREHENSIVE LAND USE POLICY PLAN RELATING TO STORM AND SURFACE WATER, ADOPTING A PLAN FOR THE MANAGEMENT OF THE STORM AND SURFACE WATER, ESTABLISHING A STORM AND SURFACE WATER UTILITY AND TRANSFERRING ALL RIGHTS AND INTERESTS NOW OWNED BY THE CITY AND PERTAINING TO STORM AND SURFACE WATER TO THE UTILITY, GRANTING AUTHORITY TO ESTABLISH RATES AND CHARGES OF STORM AND SURFACE WATER, AND ESTABLISHING AN EFFECTIVE DATE. WHEREAS, pursuant to Section 35.A.80.010 and Chapter 35.67 of the Revised Code of Washington, cities have the authority to construct, condemn and purchase, acquire, add to, maintain, conduct, and operate a system of storm and surface water sewers; and WHEREAS, pursuant to the Constitution of the State of Washington, Article 11, Section 11, cities have the power to enact regulations in the interest of the health, safety and welfare of its residents; and WHEREAS, no general obligation of the City will be incurred in the creation of such utility and the transfer of all City rights and interests pertaining to storm and surface water to such utility or in the adoption of such storm and surface water management plan and the acquiring, construction, maintenance, and operation of such utility according to said storm and surface water management plan to be adopted herein; and WHEREAS, the City Council of the City of Tukwila finds it necessary to manage the quantity and quality of storm and surface water runoff so as to prevent degradation of the human and wildlife environment; and WHEREAS, by Resolution No. 1099, adopted on December 19, 1988, the City Council of the City of Tukwila, Washington (the "City resolved to adopt a financial planning model and capital improvement plan for Tukwila, and those plans call for storm and surface water system improvements by 1994; and WHEREAS, the Tukwila City Council in response to the King County Boundary Review Board resolved to create a storm water utility; and WHEREAS, several policies in the City's Comprehensive Land Use Plan address the City's need to control and manage storm and surface water, including charging fees to those who benefit from a storm and surface water system; and WHEREAS, the City Council chooses to control and prevent flooding, erosion, sedimentation -and water quality degradation, and to prevent the streamways and wetlands of the area within the City limits and surrounding the City in their natural state where possible, and to pursue an overall storm and surface water management plan designed to accommodate future urban growth and correct existing storm and surface water problems; and Page 1 106 T3 WHEREAS, as development in and around the City increases, the quality and quantity of surface water management becomes more important to citizens; and WHEREAS, preservation of clean water in the Green /Duwamish river is directly related to the management of the surface water in Tukwila; and WHEREAS, the City Council wishes now to adopt a plan and to create a structure for the purpose of implementing policies and plans for storm and surface water management in the City; and WHEREAS, engineering consultants retained by the City and the technical staff of the City have made one or more presentations or reports to the City Council and a public hearing has been held; and WHEREAS, the City's SEPA responsible official has made a determination of nonsignificance; and WHEREAS, after review of the presentations made to the City Council, and after public hearing thereon, the City Council finds specifically that land use and development affecting storm and surface water should be managed, regulated and controlled under unified management of a storm and surface water utility to reduce or control erosion, sedimentation, and particulate and other pollution of water, danger and damage to life and property, and to protect and encourage the use of natural and efficient man -made means to these ends, and that a comprehensive storm and surface water plan should be adopted for such purposes; and WHEREAS, it is the desire of the City to incorporate into the proposed utility all major surface water courses the title to which is now held or in the future will be held by the City; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, DO ORDAIN AS FOLLOWS: (a) There is hereby created and established a storm and surface water utility of the City which shall administer the City's storm and surface water management program and shall be known as the "City of Tukwila, Washington, Storm and Surface Water Utility" (the "Utility (b) The City shall exercise, through the Utility, where possible, all the lawful powers necessary and appropriate to the construction, condemnation and purchase, acquisition, addition to, maintenance, conduct and operation, management, regulation and control of the storm and surface water public utility created by this section as the same may hereafter be added to, bettered or extended within or without the present and future limits of the City, including, without limitation, all the lawful powers to fix, alter, regulate and control the rates, charges and conditions for the use thereof, to purchase and condemn property on behalf of the Utility, to regulate actions taken with respect to public and private property which affect the flow of storm and surface water and the use of storm and surface water facilities, and to alter and amend the plan adopted in Section 3 hereof as necessary to implement the policies of the City pertaining to storm and surface water. Section 2. Administrator of Utility. The Director of Public Works or that official designated by the Mayor shall be administrator of the Utility and shall report directly to the Mayor. Section 3. Adoption of Storm and Surface Water Utility Plan. The City Council hereby approves and adopts as the original system or plan of the Storm and Surface Water Utility that report entitled "City of Tukwila Storm and Surface Water Utility Plan" dated May 23, 1989, on file with the City Clerk and City Engineer and incorporated herein by this reference as though set forth herein. This original system or plan shall include all properties, interests, and physical and intangible rights of every kind or nature owned or held by the City, however acquired, insofar as they relate to or concern storm or surface water, further including without limitations, all such properties, interests, and rights acquired by adverse possession or by prescription, 106T3 Section 1. Creation of Storm and Surface Water Utility. Page 2 directly or through another, in and to the movement, drainage or storage, or any or all of these, of storm or surface waters, or both, through, under, or over land, landforms, watercourses, sloughs, streams, ponds, lakes, and swamps, all beginning, in each case or instance, at a point where storm or surface waters first enter the storm or surface water system of the City and ending in each case or instance at a point where such storm or surface waters exit from the storm or surface water system of the City, and in width to the full extent of inundation caused by storm or flood conditions. Such plan includes various improvements and betterments of the existing facilities and extensions thereof as are described therein. Section 4. Property Transferred to Utility. The City Council expressly finds that the above described system and plan of storm and surface water properties, interests and physical and intangible rights transferred to the Utility is equal to the value of release from primary responsiblity therefor insofar as it relates to or concerns storm or surface waters within the City, and accordingly, all of the above mentioned facilities for purposes of Section 43.09.210 RCW are hereby transferred to and subject to the administration of the Utility created by this ordinance, and all other institutions and departments of the City having responsibility therefor are, to the same extent, released from such primary responsibility. Section 5. Storm and Surface Water Utility Fund. (a) There is hereby created a fund which shall be known as the "Storm and Surface Water Utility Fund All revenues, assessments, and other charges collected by the Utility, or otherwise received for storm and surface water purposes or attributable to the operation and maintenance of the Utility, and all loans to or grants or funds received for its construction, improvement and operation, shall be deposited in the Storm and Surface Water Utility Fund. All disbursements for costs of planning, construction, acquiring, maintaining, operating, and improving the utility facilities, whether such facilities are natural, constructed or both, and administering the Utility, shall be made from the Storm and Surface Water Utility Fund. (b) The City may create, at such time or times as it deems appropriate, any other funds necessary to the administration of the Storm and Surface Water Utility and may designate the revenues to be placed therein and the purpose or purposes of such funds which may be the same as one, some or all of the purposes designated in this section as the purposes of the Storm and Surface Water Utility Fund created herein, and such purposes shall then be transferred to such newly created fund. Section 6. Authority to Establish Rates and Charges. The City shall have authority to establish, by ordinance of the City Council, rate classifications, service charges, system development charges, inspection and permitting fees, application and connection fees and such other fees and charges necessary and sufficient in the opinion of the City Council to pay for the following: (a) The costs, including 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 easements, 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, 106T3 Page 3 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 adopted in Section 3 hereof as it shall be amended from time to time. 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. Section 7. Limitation of Liability. This ordinance, any storm and surface water code to be adopted by the City Council to implement this ordinance, and any guidelines, rules, standards, specifications, requirements, regulations, and procedures established pursuant to any section of such code are intended to provide the authority and processes to achieve cost effective storm and surface water management in normal conditions, including periods and events of precipitation common to the Tukwila area. No City liability shall be inferred, implied, or interpreted by the adoption and application of this ordinance, for damages which result from existing conditions or which occur subsequent to the date of this Ordinance durng that period of time necessary for the City to study the storm and surface water system of the City, to diagnose the storm and surface water problems of the City and to appropriate funds to alter the existing conditions in order to remedy certain storm and surface water problems as and in the order that the City determines to be most critical to the health and safety of the residents of the City as funds become available to remedy these problems. There shall be no liability associated with the Utility's approval of any privately constructed portion of the storm and surface water system and /or privately maintained portion of the storm and surface water system unless the City accepts the same as part of its publicly owned and /or maintained system. Section 8. Severabilitv. 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 9. Effective Date. This ordinance shall be in force and effect five days after publication of the attached Summary which is hereby approved. day of PASSED BY THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, this _,P7- ATTEST /AUTHENTICATED: *CITE a ERK, MAXINE ANDERSON 1989. APPROVED AS TO FORM: OFFICE OF THE CITY ATTORNEY BY (/a^/ FILED WITH THE CITY CLERK: 7- /7- P 9 PASSED BY THE CITY COUNCIL: 7../ 7 s'9 PUBLISHED: 7-.21-77 EFFECTIVE DATE: 7- .Z P 9 ORDINANCE NO.: /,S' 106T3 Page 4 GARY VAN DUSEN FROM: SUMMARY OF ORDINANCE NO. AN ORDINANCE OF THE CITY OF TUKWILA, WASHINGTON, IMPLEMENTING THAT PORTION OF THE COMPREHENSIVE LAND USE POLICY PLAN RELATING TO STORM AND SURFACE WATER, ADOPTING A PLAN FOR THE MANAGEMENT OF THE STORM AND SURFACE WATER, ESTABLISHING A STORM AND SURFACE WATER UTILITY AND TRANSFERRING ALL RIGHTS AND INTERESTS NOW OWNED BY THE CITY AND PERTAINING TO STORM AND SURFACE WATER TO THE UTILITY, GRANTING AUTHORITY TO ESTABLISH RATES AND CHARGES OF STORM AND SURFACE WATER, AND ESTABLISHING AN EFFECTIVE DATE. On J 1989, the City Council of the City of Tukwila passed Ordinan Md. 5.23 which provides for the adoption of a storm and surface water management program, authorizes the implementation of a rate schedule, creates a fund for handling receipts and disbursements, transfers certain City assets to the utility created, and establishes 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 4 1989. PUBLISH: VALLEY DAILY NEWS July 21, 1989 SENT BY FAX TRANSMITTAL: July 19, 1989 FAX NUMBER: 854 -1006 CITY OF TUKWILA MAXINE ANDERSON, City Clerk 6200 Southcenter Blvd. Tukwila, WA 98188 433 -1800 7 -7 (PiteCe-•`° 1 MAXI /ANDERSON, CITY CLERK