ORD 14-775ORDINANCE NO. 14 -775
AN ORDINANCE of the City of Federal Way, Washington, amending
the rate structure for storm and surface water utility by 12% and adding
an annual CPI adjusted rate increase thereafter. (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; 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 -257
to fund a transportation bond levied on all provisions of utility services within the City except for
water and sewer; and
WHEREAS; the Federal Way City Council amended the rate structure of the Storm and
Surface Water Utility by Ordinance No. 02 -433 to adequately support the necessary maintenance,
operation, and capital improvements of the surface and storm water management system; and
WHEREAS; in response to the need to continue complying with Federal Clean Water Act
requirements, the National Pollutant Discharge Elimination System (NPDES) Phase II Permit
and State mandated utility locate requirements; and
WHEREAS, the City Storm Water Utility conducted an evaluation of the rate structure in
2014 and determined the current rate structure does not adequately support the necessary
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maintenance, operation, and capital improvements of the surface and storm water management
system; and
WHEREAS, the Federal Way City Council finds it is in the best interest of the citizens to
increase the utility rates by 12% effective January 1, 2015 and include a CPI adjusted rate
increase each year thereafter, to fully and adequately support the 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. Section 11.45.030 of Federal Way Revised Code is hereby amended to read as
follows:
11.45.030 Service Area Annual Service Charge.
There is hereby imposed upon all developed properties in the service area an annual
service charges for 2015 as follows:
Class
Resider tial (re)*
Residential (R)*
Light (L)**
Moderate (M) **
Moderate (M)**
Moderately heat/
Ordinance No. 14 -775
Rate /Parcel
(P) or Acre
Utility Tax
Percentage
(A)/Year
(7.7591o)
NA
$79.03 (P)
$ R)
NA
$88.51 P
$6.86(P)
0-- 10%
$79- 03-(P)
$6-12 (P)
0-10%
88.51 P
6.86 P
10 20%
$13
10-20%
$200.46 (A)
$15.54 A
200
$366. A)
$29.40 (A)
20-45%
$410.38 (A)
$31.80 (A)
4 — 6�0
$706.96 -(A)
$54.79 -(A)
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**
Moderate) heavy
45-65%
$791.80 (A)
$61.36 A
MH **
Heavy (H)**
65 ---85%
.07 (A)
Heavy (H) **
65-85%
$998.13 (A)
$77.36 (A)
Very heavy (VH) **
85 !00%
$1,166.06.
:37(A)
Very heavy (VH) **
85-100%
$1,305.99
$101.21
City or county roads
NA
NA
NA
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 for 2015 shall be $95.37 /parcel /year
(utility tax included). The maximum aRR al service charge for 2015 for mobile home
parks shall be $34.49 $38.53 (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.
Beginning in 2016 and each year thereafter, the annual service charge shall increase
by the June CPI of the preceding year.
Section 2. Section 11.45.070 of Federal Way Revised Code is hereby amended to read as
follows:
11.45.070 Request for Rate Adjustments — Conditions for Approval.
Requests for rate adjustment may be granted 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
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property tax exemption authorized under RCW 84.36.381; parcels qualifying hereunder
shall be exempt from all charges imposed in FWRC 11.45.010 through 11.45.050;
(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
FWRC 11.05.010. Property qualifying under this division 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 FWRC Title 16, or can be demonstrated by the property owner to
provide detention /retention of stormwater to the standards set forth in FWRC Title 16
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 division
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 division shall be charged 40- percent of the
current light category rate, per acre per year (plus utility tax). Residential parcels and
parcels in the very light category qualifying under this division shall be charged $39.51
50- percent of the current per parcel per year rate (plus utility tax);
(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. 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
division;
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(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 of 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 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.
Section 3. 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. Corrections. The City Clerk and the codifiers of this ordinance are authorized
to make necessary corrections to this ordinance including, but not limited to, the correction of
scrivener /clerical errors, references, ordinance numbering, section/subsection numbers and any
references thereto.
Section 5. Ratification. Any act consistent with the authority and prior to the effective date of
this ordinance is hereby ratified and affirmed.
Section 6. Effective Date. This ordinance shall be effective five (5) days after passage and
publication as provided by law.
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PASSED by the City Council of the City of Federal Way this 16th day of September, 2014.
CITY OF FEDERAL WAY
M IM FERRELL
ATTEST:
1;**1wi' 6?AM-0--)
tLERK, STEPHANIE C URTNEY, CMC
APPROVED AS TO FORM:
-aa4 1i" -a
CITY ATYqkNEY, AMY JO PEARSALL
FILED WITH THE CITY CLERK: 08 -26 -2014
PASSED BY THE CITY COUNCIL: 09 -16 -2014
PUBLISHED: 09 -19 -2014
EFFECTIVE DATE: 09 -24 -2014
ORDINANCE NO.: 14 -775
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