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Ord 91-117 ORDINANCE NO. 91-117 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF FEDERAL WAY, WASHINGTON, AMENDING ORDINANCE NO. 90-32 BY AMENDING THE RATE STRUCTURE FOR STORM AND SURFACE WATER UTILITY. WHEREAS, RCW 35.67 authorizes the City to establish a Storm Water utility; and WHEREAS, the City of Federal Way had previously established a storm and Surface Water Utility by ordinance No. 90-32; and WHEREAS, surface water management is an increasingly important function of the City's protection of the health, safety and welfare of its citizens; and WHEREAS, the existing rate structure of the City's Storm and Surface Water Utility is not adequate to support the necessary ~aintenance, operations, and capital improvements of the surface and storm water management system, given the increased surface and storm water runoff within the City of Federal Way; and WHEREAS, under the utility's present rate schedule the total anticipated revenues for 1992 are expected to fall short of the anticipated necessary maintenance, operation and capital expenditures by over one million dollars; and WHEREAS, the deficiencies between the anticipated revenues and necessary maintenance, operation and capital expenditures are expected to increase annually thereafter, indicating an inability of the existing rate structure to adequately support the storm water management program necessary for the City of Federal Way; NOW, THEREFORE, COpy THE CITY COUNCIL OF THE CITY OF FEDERAL WAY, WASHINGTON, DOES HEREBY ORDAIN AS FOLLOWS: section 1. Ordinance No. 90-32, Section 6. Rate Structure, is amended as follows: Section 6. Rate Structure. A. The services charges shall be based on the relative contribution of increased surface and storm water runoff from a given parcel to the surface and storm water management system. The percentage of impervious surfaces on the parcel and the total parcel acreage will be used to indicate the relative contribution of increased surface and storm water runoff from the parcel to the surface and storm water management system. The relative contribution of increased surface and storm water runoff from each parcel determines that parcel's share of the service charge revenue needs. The service charge revenue needs of the utility are based upon all or any part, as determined by the Council, of the cost and expense within the service area of maintaining and operating storm water control facilities, all or any part of the cost and expense of planning, designing, establishing, acquiring, development, constructing, and improving -2- c. any of such facilities, or to payor secure the payment of all or any portion of any issue of general obligation or revenue bonds issued for such purpose. B. The Public Director Works shall determine the service charge for each parcel within the service area by the following methodology: Residential and very light non-residential parcels shall receive a flat rate service charge for the reasons set forth in section 5. Parcels shall be classified into the appropriate rate category in subsection C of this section by their percentage of impervious surface coverage. Land use codes and data collected from parcel investigations will be used to determine each parcel's impervious percentage of surface coverage. After a parcel has been assigned to the appropriate rate category, the service charge for the parcel will be calculated by multiplying the total acreage of the parcel times the rate for that category. There is hereby imposed all developed upon properties in the service area annual service charges as follows: -3- Impervious Surface Class Percentaae Rate Residential (R)* NA $70.39 ~2£.98/parcel/year Very Light (VL) 0 - 10% $70.39 $26.97/parcel/year Light (L) ** 10 - 20% $164.24 ~/acre/year Moderate (M)** 20 - 45% $340.23 $126.91/acre/year Moderately Heavy (MH)** 45 - 65% $659.99 $243.33/acre/year Heavy (H) ** 65 - 85% $832.98 $39S.51/acre/year Very Heavy (VH)** 85 -100% $1091.07~4e4.19/acre/year City and County Roads NA $244.19 ~ 99. 44/acre/year state Highways 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, then the parcel shall be exempt from the service charge and the annual flat rate charge set forth in D. of this section. -4- ** The minimum service charge shall be ~ $70. 39/parcel/year. The maximum annual service charge for mobile home parks shall be $29.89 times per the number of mobile home spaces. *** The rate charged to the Washington state Department of Transportation will be determined in accordance with RCW 90.03.525. D. An additional flat rate charge of $3.82 per year will be added to each service charge bill to pay for the operation of the billing system. E. The Council by ordinance may supplement or alter charges within specific basins and sub-basins of the service area so as to charge properties or parcels of one basin or sub-basin for improvements, studies, or maintenance which the Council deems to provide service or benefit the property owners of one or more basin(s) or sub-basin(s). section 2. Ratification. Any act consistent with the authority and prior to the effective date of this ordinance is hereby ratified and affirmed. -5- section 3 . Severabilitv. 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 be effective five (5) days after passage and publication of an approved summary of this ordinance. PASSED by the City Council of the City of Federal Way this 10th day of December , 1991. CITY OF FEDERAL WAY a~/1 , ~ YOR, DEBRA ERTE FILED WI H THE CITY CLERK: PASSED BY THE CITY COUNCIL: PUBLISHED: 12/13/91 EFFECTIVE DATE: 12/18/91 ORDINANCE NO. 91-117 12/10/91 12/10/91 caV......12-10-91 -6-