Ord 96-277
ORDINANCE NO.
96-277
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY
OF FEDERAL WAY, WASHINGTON, AMENDING
ORDINANCE NO. 90-32 AND ORDINANCE NO, 91-117 BY
AMENDING THE RATE STRUCTURE FOR STORM AND
SURFACE WATER UTILITY TO INCLUDE UTILITY TAX
AS ENACTED IN ORDINANCE 95-257 AS AMENDED BY
ORDINANCE NO, 96-277.
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, the Federal Way City Council has 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 improvements of the surface and storm water management system; and
WHEREAS, the citizens of the City of Federal Way approved a transportation bond in the
amount of $7,5 million, which was enacted by the Federal Way City Council through Ordinance No. 95-
256 and Ordinance No. 96-263; and
WHEREAS, the Federal Way City Council approved a utility tax by Ordinance No. 95-
257 to fund the transportation bond to be levied on all provisions of utility services within the City except
for water and sewer; and
WHEREAS, the tax on the surface water utility was not included in the 1996 billing; and
WHEREAS, the 1997 rate will include the increase of 1.37% for 1996 as well as the 5%
for 1997, collecting the increased tax amount for two years; and
WHEREAS, the rates for the years 1998 through 2005 will reflect only the 5% increase to
collect for a single year's tax; and
C(Q)~1f
WHEREAS, the Federal Way City Council would increase the rate of the utility tax from
1.37% to 5% as of January I, 1997 in support of overlays and other capital projects; NOW,
THEREFORE,
THE CIlY COUNCIL OF THE CIlY 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 surfuce 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 ITom the parcel to the surface and
storm water management system. The relative contribution of increased surfuce
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 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 Works Director 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
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rate category in subsection C of tlús 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 percentage of impervious 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.
C.
There is hereby imposed upon all developed properties in the service area
annual service charges as follows:
Impervious Surface
ClaSs
Residential (R)*
Percental!e
NA
Very Light (VL)
Light (L)"
Moderate (M)"
0-10%
10 - 20%
20 - 45%
Moderately Heavy (MH)**
Heavy (H)"
45.65%
65 - 85%
Yery Heavy (VH)"
City and County Roads
85 - 100%
NA
NA
State Highways
Rate/Parcel (P) or Acre (A)/Year
~ $74.8711997)- $73.91 11998) (P)
~ $74.8711997)' $73.91 11998) (P)
~ $174.7011997)' $172.45 11998) (A)
~ $361.9011997)- $357.2411998) (A)
~ $702.0311997)' $692.9911998) (A)
~ $886.04 11997)' $874.6311998) (A)
WJ9M+ $1160.5611997)' $1145.6211998) (A)
~ $259.7511997)- $256.4011998) (A)
*oo
. 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
tlús section.
.. The minimum service charge shall be ~ $74.87 (1997)' $73,91
(1998)/parcellyear. The maximum annual service charge for mobile home parks
shall be ~ $31.79 (1997); $31.38 (1998) times per the number of mobile
home spaces.
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... The rate charged to the Washington State Department of Transportation will be
determined irt accordance with RCW 90,03.525.
D.
An additional flat rate charge of ~ $4.06 (1997)' $4,01 (1998) 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 affinned,
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.
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 ofFederal Way this ~ day of '~Cefl1¡'er .
1996.
CI1Y OF FEDERAL WAY
,~¿¿A f?~
MAYOR, MARLON PRIEST
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ATTEST:
)
APPROVED AS TO FORM:
~~~
FILED WITH TIIE CITY CLERK:
PASSED BY TIIE CITY COUNCIL:
PUBLISHED:
EFFECTIVE DATE:
ORDINANCE NO. -
11-19-96
12-03-96
12-07-96
12-12-96
96-277
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