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ORD 07-571 ORDINANCE NO. 07-571 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF FEDERAL WAY, WASHINGTON, AMENDING THE RATE STRUCTURE FOR STORM AND SURFACE WATER UTILITY TO EXEMPT ALL PUBLIC ROADWAYS FROM SURFACE WATER MANAGEMENT FEES. (Amending Ordinance Nos. 90-32,91-117,96-277,02-433, and 06-544.) WHEREAS, RCW 35.67 authorizes the City to establish a Storm Water Utility; and WHEREAS, the City of Federal Way established a Strom 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 rats to exempt all public roadways from surface water fees effective January 1, 2008. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF FEDERAL WAY, WASHINGTON, DO 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 # 07-571 , PAGE 1 Class Percentage Rate/Parcel (P) Utility Tax (7.75%) or Acre (A)N ear Residential (R)* NA $79.03 (P) $6.12(P) Very light (VL) o - 10% $79.03 (P) $ 6.12 (P) Light (L)** 10 - 20% $178.98 (A) $ 13.87 (A) Moderate (M)** 20 - 45% $366.41 (A) $ 28.40 (A) Moderately heavy (MH)** 45 - 65% $706.96 (A) $ 54.79 (A) Heavy (H)** 65 - 85% $891.19 (A) $ 69.07 (A) Very heavy (VH)** 85 -100% $1,166.06 (A) $ 90.37 (A) City or county roads NA $261.13NA $20.47NA 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 $ 85.15/parcellyear (utility tax included). The maximum annual service charge for mobile home parks shall be $ 34.40 (utility tax included) times per the number of mobile home spaces. *** The rate charged to the state department of transportation will be determined in accordancewithRCW 90.03.525. (Ord. No. 90-32, ~ 6(C), 2-13-90; Ord. No. 91-117, ~ I, 12-10-91; Ord. No. 96-277, ~ I(C), 12-3-96; Ord. No. 02-433, ~ 1, 11-19-02; 06-544, ~ 12-19-06) Section 2. Severability. The provisions ofthis ordinance are declared separate and severable. The invalidity of any clause, sentence, paragraph, subdivision, section, or portion of this ordinance ORD # 07-571 , PAGE 2 or the invalidity ofthe application thereofto any person or circumstance, shall not affect the validity ofthe remainder ofthe ordinance, or the validity of its application to other persons or circumstances. Section 3. Ratification. Any act consistent with the authority and prior to the effective date of this ordinance is hereby ratified and affirmed. Section 4. Corrections. The City Clerk and the codifiers ofthis ordinance are authorized to make necessary corrections to this ordinance including, but no limited to, the correction of scrivener/clerical errors, references, ordinance numbering, section/subsection numbers and any references thereto. Section 5. Effective Date. This ordinance shall take effect January 1, 2008. PASSED by the City Council of the City of Federal Way this 1ft-- day of ru'QJJt9-d' , 2007. CITY OF FEDERAL WAY ~~/L - MAYOR, C ARK ATTEST: ORD # 07-571 , PAGE 3 APPROVED AS TO FORM: "0tt. 11r~ CI Y ATTORNEY, PATRICIA A. RICHARDSON FILED WITH THE CITY CLERK: PASSED BY THE CITY COUNCIL: PUBLISHED: EFFECTIVE DATE: ORDINANCE NO.: K:\ordinance\2007\swm fees exempt roads ORD # 07-571 , PAGE 4 11/70/07 12/04/07 12/08/07 01/01/08 07-571