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Washington
Ordinance No. 7 7 9
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
TUKWILA, WASHINGTON, REGARDING STORM AND SURFACE
WATER RATES AND CHARGES; REPEALING ORDINANCE NOS.
1549 AND 1720; 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
improvement program;
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF TUKWILA,
WASHINGTON, HEREBY ORDAINS 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. The first billing year
shall be from January 1, 1990 through December 31, 1990.
(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.
SSWMRATE.DOC 1117196 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-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.
(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) Effective January 1, 1997: (2) Effective January 1, 1999:
Service Charge Service Charge
Category per acre per 4,356 Category per acre per 4,356
sq. ft. sq. ft.
1. Natural $41.00 $4.10 1. Natural $45.80 $4.58
2. 0 20% $89.00 $8.90 2. 0 20% $99.60 $9.96
developed surface developed surface
3. 21 50% $163.00 $16.30 3. 21 50% $182.60 $18.26
developed surface developed surface
4. 51 70% $243.20 $24.32 4. 51 70% $272.40 $27.24
developed surface developed surface
5. 71 85% $293.00 $29.30 5. 71 85% $328.20 $32.82
developed surface developed surface
6. 86 100% $341.80 $34.18 6. 86 100% $382.80 $38.28
developed surface developed surface
Service Charge per Service Charge per
Parcel Parcel
7. Single- family 7. Single- family
residential parcels $33.00 N/A residential parcels $37.00 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 subsection (c) of this section.
(e) Each annual bill will be rounded up to the nearest number of cents. The minimum
annual service charge shall be $4.10 effective January 1, 1997 and $4.58 effective January 1,
1999. This charge is equal to the annual charge for a 4,356 square foot parcel in the lowest rate
category (1, Natural).
SSWMRATE.DOC 11/7/96 2
14.32.040 Low Income credit.
To be eligible for a low- income, senior citizen or disabled person credit, applicants must be
City residents and meet the criteria established in Chapter 14.16. 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.
(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.
SSWMRATE.DOC 11/7/96 3
Section 2. Repealer. Ordinance Nos. 1549 and 1720 are hereby repealed.
Section 3. 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 4. Effective Date. This ordinance shall be in full force and effect January 1, 1997,
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 COUNgl OF THE CI Y OF TUKWILA, WASHINGTON, at a
Regular Meeting thereof this /.c? day of .c (hJ 1996.
ATTEST /AUTHENTICATED:
(n.
ne E. Cantu, City Clerk
APPROVED AS TO FORM:
v v
Office of the City Attorne
FILED WITH THE CITY CL F
PASSED BY THE CITY COUNCIL: N-/e-, (o
PUBLISHED: 1/- Z a
EFFECTIVE DATE: q7
ORDINANCE NO.: 7 7
SSWMRATE.DOC 11/7/96 4
CITY OF TUKWILA
SUMMARY OF ORDINANCE NO. 7 7
AN ORDINANCE OF THE CITY OF TUKWILA,
WASHINGTON, REGARDING STORM AND SURFACE WATER
RATES AND CHARGES; REPEALING ORDINANCE NOS. 1549
AND 1720; PROVIDING FOR SEVERABILITY; AND
ESTABLISHING AN EFFECTIVE DATE.
On /1 /121 f6 the City Council of the City of Tukwila passed Ordinance
No./ 7 71' establishing an equitable and adequate rate structure to finance the operation
and maintenance of the storm and surface water utility and providing additional revenues to
adequately fund the capital improvement program; 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 fora copy of the text.
APPROVED by the City Council at its meeting of
Published Seattle Times: 0 /f‘
E. Cantu, City Clerk