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HomeMy WebLinkAboutOrd 1895 - Storm and Surface Water Rates (Repealed by Ord 1932) N .<J�v.IILA; r Qi :O 1908 f T ukwila it o Washington Ordinance No. 7 9 95 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, REGARDING STORM AND SURFACE WATER RATES AND CHARGES; REPEALING ORDINANCE NO. 1779; PROVIDING FOR SEVERABILITY; AND ESTABLISHING AN EFFECTIVE DATE. WHEREAS, the City Council desires to have in place an equitable and adequate rate structure to finance the operation and maintenance of the storm and surface water utility; and WHEREAS, the City needs additional revenues to adequately fund the capital improve -ment program; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, DO ORDAIN AS FOLLOWS: Section 1. Chapter 14.32 of the Tukwila Municipal Code is hereby amended to read as follows: 14.32.010 Purpose. A. The purpose of this chapter 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 chapter creates a system of rates and charges pursuant to RCW 35.67 for the storm and surface water utility. 14.32.020 Definitions. The following words, when used in this chapter shall have the meaning identified below: 1. "Billing year" means the calendar year in which bills are sent. 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 surfaces. 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. 3. "Natural land" means parcels that have not been disturbed from their natural state in the last 25 years. 100% of the parcel must be natural land for the parcel to be classified as natural land. 4. "Parcel" means 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. 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. sswrates 2000 final 11129199 1 6. "Undeveloped surface" means any surface area that is green, growing, or landscaped and supporting vegetation and shall include land which is totally submerged. 7. "Property owner of record" means the person or persons recorded by the county assessor to be the owner(s) of property and /or to whom property tax statements are directed. 8. "Rate category" means the classification of properties, based upon the estimated percentage of developed surface on the parcel, for purposes of establishing Utility Service Charges. 9. "Service charge" means 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 (1/10th of one acre). 10. "Single 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. 11. "Utility" means the City storm and surface water management utility. 14.32.030 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 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 (1 /10 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: 1. Natural (1) EFFECTIVE DECEMBER 31, 1999: 1 Service Charge Category per acre per 4,356 sq. ft. 64.20 6.42 2. 0 20% developed surface 3. 21 50% developed surface 4. 51 70% developed surface 5. 71 85% developed surface 6. 86 100% developed surface 7. Single- family residential parcels $139.40 $13.94 $255.60 $25.56 $381.40 $38.14 $459.40 $45.94 $536.00 $53.60 Service Charge per Parcel $52.00 N/A 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 30% of that which would result if the service charges were calculated according to section 14.32.030C of the Tukwila Municipal Code. E. Each annual bill will be rounded up to the nearest number of cents. The minimum annual service charge shall be $6.42. This charge is equal to the annual charge for a 4,356 square foot parcel in the lowest rate category (1, Natural). sswrates 2000 final 11/29/99 2 14.32.040 Special rates. Every person 62 years of age or older (if married, then either spouse) and every person totally and permanently disabled and who is paying directly for such separately billed surface water 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 surface water 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. In addition, the applicant must own and live on a 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. 14.32.050 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 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 calculation of the service charge; 3. The parcel or 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 chapter. 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. 14.32.060 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 the property owners during the months of January and July. D. Property owners shall be responsible for all bills not paid. 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 8% per annum, or such rate as may hereafter be authorized by law, computed on a monthly basis from the date of delinquency until paid. sswrates 2000 final 11/29/99 3 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 $16.00 or the current charges imposed by the King County Records and Elections division 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 effective for up to one year's delinquent service charges without the necessity of any writing or recording of the lien with the King County Records and Elections Division. 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. 14.32.070 Service charge revenues. All moneys obtained pursuant to this chapter shall be credited and deposited in the storm and surface water management utility fund created by Chapter 14.28. Moneys so obtained shall be spent for the purposes allowed in that chapter. Section 2. Repealer. Ordinance No. 1779 is hereby repealed. 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 shall be in full force and effect December 31, 1999, which date is more than five (5) days after publication of this ordinance or a summary thereof in the official newspaper of the City, as provided by law. PASSED BY THE CITY. COUNCIL OF ATE CITY OF TUKWILA, WASHINGTON, at a Regular Meeting thereof this 6 iii day of J i 6_,A. J 1999. ATTEST /AUTHENTICATED: J ne E. Cantu, CMC, City Clerk APPRO`TED AS TO, FARM: By Office of the City AAtt FILED WITH THE CITY CLERK: /2 9 PASSED BY THE CITY COUNCIL: 6,._ PUBLISHED: /G- EFFECTIVE DATE: i 3/-q9' ORDINANCE NO.: /59,1 Joh ),,,,v,, Rants, Mayor sswrates 2000 final 11/29/99 4 CITY OF TUKWILA SUMMARY OF ORDINANCE NO. /2' 5 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, REGARDING STORM AND SURFACE WATER RATES AND CHARGES; REPEALING ORDINANCE NO. 1779; PROVIDING FOR SEVERABILITY; AND ESTABLISHING AN EFFECTIVE DATE. On /a /6/ 1c the City Council of the City of Tukwila passed Ordinance No. /fl 9 regarding storm and surface water rates and charges including definitions, utility rates and service charges, and special rates; repealing Ordinance No. 1779; providing for severability; and establishing 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 l S 9 Published Seattle Times: /2 /G- �9 lQc Ja E. Cantu, CMC, City Clerk