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ORD 06-544ORDINANCE NO. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF FEDERAL WAY, WASHINGTON, AMENDING THE RATE STRUCTURE FOR STORM AND SURFACE WATER UTILITY TO REFLECT AN INCREASE IN UTILITY TAX FROM 6% TO 7.75% (AMENDING ORDINANCE NOS. 90 -32, 91 -117, 96 -277, AND 02 -433) WHEREAS, RCW 35.67 authorizes the City to establish a Storm Water Utility; and WHEREAS, the City of Federal Way established a Storm and Surface Water Utility by Ordinance 90 -32 to adequately support the necessary maintenance, operations, and capital improvement of the surface and storm water management system; and WHEREAS, the Federal Way City Council finds it in the best interest of the citizens to increase the Surface Water utility rates to reflect an increase in the utility tax rate from 6% to 7.75% in accordance with Proposition 1 approved by the citizens of Federal Way on November 7`h, 2006 and effective January 1, 2007. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF FEDERAL WAY, WASHINGTON, DOES HEREBY ORDAIN AS FOLLOWS: Section 1. Chapter 16, Article III, Section 16 -123 of Federal Way City Code is hereby amended to read as follows: 16 -123 Service area annual service charge. There is hereby imposed upon all developed properties in the service area annual service charges as follows: ORD # -S , PAGE 1 FHSRAC 11 -28 -06 C -2 Class Residential (R)* Very light (VL) Light (L)** Moderate (M) ** Percentage NA 0-10% 10-20% 20 -45% Moderately heavy (MH) ** 45-65% Heavy (H) ** 65-85% Very heavy (VH) ** 85-100% City or county roads NA Rate/Parcel (P) or Acre (A)/Year $79.03 (P) $79.03 (P) $178.98 (A) $366.41 (A) $706.96 (A) $891.19 (A) $1,166.06 (A) $264.13 (A) Utility Tax (7.75 %) $4:74 6.12 (P) $4 .74— 6.12 (P) $10.74 13.87 (A) $21.99 28.40 (A) $42.42 54.79 (A) $33.47 69.07 A $69.36 90.37 (A) $15.83 20.47 A State highways NA * ** NA * Parcel is owned by and is the personal residence of a person or persons determined by the public works director as qualified for a low income senior citizen property tax exemption under RCW 84.36.381, the parcel shall be exempt from the service charge. ** The minimum service charge shall be $83.77 85.15 /parcel/year (utility tax included). The maximum annual service charge for mobile home parks shall be $24-00 34.56 (utility tax included) times per the number of mobile home spaces. * ** The rate charged to the state department of transportation will be determined in accordance with RCW 90.03.525. (Ord. No. 90 -32, § 6(C), 2- 13 -90; Ord. No. 91 -117, § 1,12- 10 -91; Ord. No. 96 -277, § 1(C), 12 -3 -96; Ord. No. 02 -433, § 1, 11- 19 -02) ORD # -90 ,PAGE 2 FHSRAC 11 -28 -06 C -3 Section 2. Severability. The provisions of this ordinance are declared separate and severable. The invalidity of any clause, sentence, paragraph, subdivision, section, or portion of this ordinance or the invalidity of the application thereof to any person or circumstance, shall not affect the validity of the remainder of the ordinance, or the validity of its application to other persons or circumstances. Section 4. Effective Date. This ordinance shall take effect January 1, 2007. PASSED by the City Council of the City of Federal Way this i9 �" day of D- +v �u! , 200k. CITY OF FEDERAL WAY ATTEST: CIT CLERK, LA ATHAWAY, CMC APPROVED AS TO FORM: 2 4�('. CITY ATTORNEY, PATRICIA A. RICHARDSON FILED WITH THE CITY CLERK: 1$ PASSED BY THE CITY COUNCIL: 14 f 1 D 0 PUBLISHED: l�, '-q3 d EFFECTIVE DATE: '7 ORDINANCE NO.: d- KAordinance\2006\swum utility tax 2 ORD # Lp " 5q-4-,PAGE 3 FHSRAC 11 -28 -06 C -4