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Home My WebLink AboutOrd 2104 - Storm and Surface Water Rates and Charges Cover page to Ordinance 2104 The full text of the ordinance follows this cover page. Ordinance 2104 was amended or repealed by the following ordinances. AMENDED REPEALED Section(s) Amended Amended by Ord # Section(s) Repealed Repealed by Ord # 2, 3 2594 City of Tukwila Washington ORDINANCE NO 2104 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, AMENDING ORDINANCE NO. 1932, AS CODIFIED AT SECTION 14.32 OF THE TUKWILA MUNICIPAL CODE, RELATING TO STORM AND SURFACE WATER RATES AND CHARGES; 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 storm and surface water utility and capital improvements; NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, DO ORDAIN AS FOLLOWS: Section 1. Ordinance No. 1932, as codified at TMC 14.32.030, is hereby amended to read as follows: 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 developed percent surface and the average total area of all single family parcels in the City. C. Utility rate categories and annual service charges shall be charged in accordance with the fee schedule to be adopted by motion or resolution of the Tukwila City Council. D. Pursuant to RCW 90.03.525, all parcels within a limited access highway 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 equal to the annual charge for a 4,356 square foot parcel in the lowest rate category (1, Natural). C. \Documents and Settings \AII lJsers\ Desktop\ Kelly \MSDATA \Ordinances\Storm and Surface Water Rates.doc RL:ksn 11/17/2005 Page 1 of 3 Section 2. Ordinance No. 1932, as codified at TMC 14.32.040, is hereby amended to read as follows: 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 $32,000 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. Section 3. Ordinance No. 1932, as codified at TMC 14.32.060, is hereby amended to read as follows: 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. 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. C: \Documents and Settings\All Users\ Desktop \Kelly \MSDATA \Ordinances \Storm and Surface Water Rates. doe RL:ksn 11/17/2005 Page 2 of 3 Section 4. 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 5. 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 and effect on January 1, 2006. PASSED BY THE CITY COUNCIL OF THE CITY OF( TUKWILA, WASHINGTON, at a Regular Meeting thereof this 21ST DAY OF NOVEMBER, 2005. ATTEST AUTHENTICATED: Jane E. Cantu, CMC, City Clerk APPROVED AS TO FORM BY: Office of the City Attorney Steven M. Mullet, Mayor Filed with the City Clerk: I I a'•05_ Passed by the City Council: j_1 05_ Published: I I Effective Date: 0I-01.010_ Ordinance Number: 210 C: \Documents and Settings\AII Users\ Desktop \Kelly \MSDATA \Ordinances \Storm and Surface Water Rates. doe RL:ksn 11/17/2005 Page 3 of 3 SUMMARY OF ORDINANCE No. 2104 City of Tukwila, Washington On November 21, 2005, the City Council of the City of Tukwila, Washington, adopted Ordinance No. 2104, the main points of which are summarized by its title as follows: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, AMENDING ORDINANCE NO. 1932, AS CODIFIED AT SECTION 14.32 OF THE TUKWILA MUNICIPAL CODE, RELATING TO STORM AND SURFACE WATER RATES AND CHARGES; PROVIDING FOR SEVERABILITY; AND ESTABLISHING AN EFFECTIVE DATE. THE FULL TEXT OF THIS ORDINANCE WILL BE MAILED UPON REQUEST. Approved by the City Council at their Regular Meeting of November 21, 2005. Published Seattle Times: 11 -25 -05 e- mailed: bbaker 11 -21 -05 9:35 p.m. L k 1 i 9 A Jane E. Cantu, CMC, City Clerk