Ord 02-433ORDINANCE NO.
02-433
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
FEDERAL WAY, WASHINGTON, AMENDING ORDINANCE
NO. 96-277, ORDINANCE NO. 90-32, AND ORDINANCE NO.
91-117 BY AMENDING THE RATE STRUCTURE FOR
STORM AND SURFACE WATER UTILITY BY 6.5%.
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; and
WHEREAS; the Federal Way City Council amended the rate structure of the Storm
and Surface Water Utility by Ordinance No. 91-117 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 amended the rate structure of the Storm
and Surface Water Utility by Ordinance No. 96-277 to include a utility tax by Ordinance No. 95-25
to fund a transportation bond levied on all provisions of utility services within the City except fo
water and sewer; and
WHEREAS; in response to the Endangered Species Act listing of Chinook salmon as
threatened, the City Storm Water Utility and Community Development Department conducted an
evaluation of existing regulation, programs, and practices to determine if changes need to be made tc
better meet the City's legal obligations under the Endangered Species Act, and the evaluatior
recommended some changes and program adaptations; and
ORD # 02-433 , PAGE 1
WHEREAS; the evaluation also recognized the need to comply with the federal Clem
Water Act requirements for application in 2003 for a National Pollutant Discharge Eliminatio~
System (NPDES) Phase II Permit and recommended additional staffing for the Storm Water Utility
and
WHEREAS; the City Storm Water Utility conducted an evaluation of the rat~
structUre in 2002 and determined the current structure does not adequately support the necessar,
maintenance, operation, and capital improvements of the surface and storm water managemer
system; and
WHEREAS, the Federal Way City Council finds it is in the best interest of th~
citizens to increase the utility rates by 6.5% and to provide for any adjustments in the utility tax rat~
being contemplated by the City Council effective January 1,2003 to fully and adequately support th{
City's Storm Water Utility needs;
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 hereb,
amended to read as follows:
16-123
Service area annual service charge.
There is hereby imposed upon all developed properties in the service area annm
service charges as follows:
, vt3 xx~xx,,, x, · ~/
~ 1 [IOA
ORD ~ .:02-633 , PAGE 2
(~QQ~ /hA £1OO~7%. {~Q"7A ~'2 [1 flflQ\ £A\
Rate/Parcel (P)
Class Percentage Acre (A)/Year Utility Tax (6%)
Residential (R)* NA $79.03 (P) $4.74
Very_ Light (VL) 0-10% $79.03(P) $4.74
Light (L)** 10 -20% $178.98 (A) $10.74
Moderate (M)** 2045% $366.41 (A) $21.99
Moderately Heavy (MH)** 45-65% $706.96 (A) $42.42
Heavy (H)** 65-85% $891.19 (A) $53.47
Very Heavy (VH)** 85d00% $1,166.06 (A) $69.96
City or County Road NA $264.13 (A) $15.85
State Highways NA *** NA
* Parcel is owned by and is the personal residence ora person or persons determine,
by the public works director as qualified for a low income senior citizen property tax exemptio:
under RCW 84.36.381, the parcel shall be exempt from the service charge and tke apmua! flat rat
** The minimum
service charge shall be $74.87
$83.77/parcel/year (utility tax included). The maximum annual service charge for mobile home park
ORD #_ 02-6t3 , PAGE 3
shall be $21 79 t~ oo-~. ¢-~ -~Q t~ oc~Q%
· ~ .... j ....... ~ ....j $34.00 (utility tax included) times per the number of mobile
home spaces.
*** The rate charged to the state department of transportation will be determined ir
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, § I(C), 12-3-96)
Section 2. Chapter 16, Article III, Section 16-124 of Federal Way City Code is hereb'
amended to read as follows:
16-124 Additional flat rate charge.
, ....~, ....;~ ~h .... ~,;,, · ..... c~ ,,~ ' ^ct*-~ ~';";-~ ~stem. The flat rate charge
................... ~, .......
previously added to each bill to pay for the operation of the billin~ system is now included in the
rates reflected in FWCC 16-123..(Ord. No. 90-32, § 6(D), 2-13-90; Ord. No. 91-117, § 1, 12-10-
91; Ord. No. 96-277, § I(D),
Section 3. Chapter 16, Article III, Section 16-127(5) of Federal Way City Code is
hereby amended to read as follows:
16-127 Request for rate adjustments-Conditions for approval.
Requests for rate adjustment may be ~anted or approved by the public works director
only when one of the following conditions exists:
(1) The parcel is owned 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
authorized under RCW 14.36.351~ parcels qualifying hereunder shall be exempt from all charnel
imposed in FWCC 16-121 through 16-125~
ORD #_ _~-&Wt , PAGE 4
(2) The acreage of the parcel charged is in error;
(3) The parcel is nonresidential and the actual impervious surface coverage of the parcel
charged places it in a different rate category than the rate category assigned by the public works
director;
(4) The parcel is nonresidential and the parcel meets the definition of open space in
FWCC 16-36. Property qualifying under this article will be charged only for the area of
impervious surface and at the rate which the parcel is classified under using the total parcel
acreage;
(5) The parcel is served by one or more retention/detention facilities required pursuant to
the provisions of Chapter 21 FWCC, or can be demonstrated by the property owner to provide
detention/retention of stormwater to the standards set forth in FWCC 21-26 et seq. and
maintained at the expenses of the parcel owner to the standards required by the city;
nonresidential parcels except in the light rate category qualifying under this article shall be
charged at the rate of one lower rate category than it is classified by its percentage of impervious
surface coverage. Nonresidential parcels in the light category qualifying under this article shall b
charged at the rate of $23.9070.34 per acre per year (plus utility tax)plus the flat rate charge.
Residential parcels and parcels in the very light category qualifying under this article shall be
charged $-t-3~439.51 per parcel per year (plus utility tax)plus *~'~ n~* ~'~*~ -*' .....
(6) A parcel contains a stream, creek, lake, pond or wetland that has been identified in an
adopted drainage basin plan as an important stormwater control facility; provided, that the parcel
owner provides annual maintenance to the standard required by the city. Parcels qualifying
hereunder shall be granted a discount in the manner set forth in.subsection (5) of this section.
ORD # , 112 _62t.t_, PAGE 5
However, parcels qualifying under subsections (5) and (6) of this section shall receive only one
rate class discount, whichever is the greater;
(7) A parcel is divided by the boundary of the service area and the impervious surfaces of
the parcel are outside of the service area. Property qualifying hereunder shall be exempt from the
rates and charges of the ordinance;
(8) A parcel is divided by the boundary of the service area and the impervious surfaces of
the parcel are outside of the service area; parcels qualifying hereunder shall be charges as
otherwise provided herein on the basis of the lands and impervious surfaces which drain into the
service area;
(9) The rate or service charge is otherwise erroneous in applying the terms of this article;
(10) A parcel is served by a stormwater treatment facility which holds a current national
pollutant discharge elimination system (NPDES) permit under the authority of the Clean Water
Act of 1982, Section 402, specifically for the treatment of stormwater from the parcel and such
system discharges directly into Puget Sound, without in any way utilizing any other stormwater
conveyance or storage facilities. Parcels qualifying hereunder will be charged only for the area ot
impervious surface not served by the stormwater treatment facility and at the rate based upon the
unserved portion of the parcel;
(11) A parcel is owned or leased by a public school district which provides activities
which directly benefit the surface water management utility. The activities may include
curriculum specific to the issues and problems of surface water management, and student
activities in the community to expose students to the efforts required to restore, monitor or
ORD ~ ~02-433 , PAGE 6
enhance the surface water management system. The amount of the rate adjustment shall be
determined by the public works director based upon the cost of the activities to the school district
but not to exceed the value of the activity to the surface water management utility. The rate
adjustment for the school district activity may be applied to any parcel in the service area which
is owned or operated by the school district. (Ord. No. 90-32, § 7(B), 2-13-90)
Section 4. 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 affecl
the validity of the remainder of the ordinance, or the validity of its application to other persons o
circumstances.
Section 5. Ratification. Any act consistent with the authority and prior to th~
effective date of this resolution is hereby ratified and affirmed.
Section 6. Effective Date. This ordinance shall take effect January 1, 2003.
PASSED BY THE CITY COUNCIL OF THE CITY OF FEDERAL WAY
WASHINGTON, this /~/_~ day of November 2002.
CITY OF FEDERAL WAY
CITYtCLERK, N. CHRISTINE GREEN, CMC
ORD #_ 02-433 , PAGE 7
APPROVED AS TO FORM:
CITY ATTORNEY, PATRICIA A. RICHARDSON
FILED WITH THE CITY CLERK:
PASSED BY THE CITY COUNCIL:
PUBLISHED:
EFFECTIVE DATE:
ORDINANCE NO.
10/30/02
11/19/02
11/23/02
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o2-433
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