HomeMy WebLinkAbout2054 Storm Water Utility RatesORDINANCE NO. 2054
AN ORDINANCE OF THE CITY OF PORT TOWNSEND, WASHINGTON,
ESTABLISHING STORM WATER UTILITY RATES; DEFINING TERMS;
ESTABLISHING A RATE OF $5.00 PER MONTH FOR SINGLE-
FAMILY AND DUPLEX; ESTABLISHING A COMMERCIAL RATE;
ALLOWING A CREDIT FOR COMPLIANCE WITH ORDINANCE 1957;
IMPOSING A STATE HIGHWAY CHARGE; PROVIDING FOR BILLING;
AUTHORIZING A LIEN FOR UNPAID SERVICE, AND ESTABLISHING
A MARCH 1st, 1987, BILLING EFFECTIVE DATE.
WHEREAS, the City Council of the City of Port Townsend enacted
Ordinance No. 2053 on the 2nd day of December, 1986, which estab-
lished a stormwater utility, and
WHEREAS, state law authorizes a City to establish rates for
stormwater utility services, and
WHEREAS, the City has employed consulting engineers to address
this issue, and
WHEREAS, all residents of the City share the common use of the
streets and public areas of the City and benefit equally from the
availability of a storm drainage system within the City and
WHEREAS, on the basis of the consulting engineer's recommenda-
tions, now therefore,
THE CITY COUNCIL OF THE CITY OF PORT TOWNSEND IN REGULAR SESSION
ASSEMBLED, DO ORDAIN AS FOLLOWS:
Section 1. ~De.fini~tiQns.
this chapter:
The following definitions shall apply to
"Single Family Unit" shall include all individual dwelling
units and each half of all duplex dwelling units.
"Commercial/Multiple Property" shall include all property
zoned or used for multifamily, commercial, or retail uses.
"Impervious Area" means any part of any parcel of land
that has been modified by the action of persons to reduce the land's
natural ability to absorb and hold rainfall. This includes areas
that have been cleared, graded, paved, or compacted. Excluded,
however, are all lawns and landscaped areas.
"Property" shall include all lands, real estate and devel-
opment, public and private, including road, street, and highway rights-
of-way and all governmental, tax-exempt, and other property within
the city limits of the City of Port Townsend or such other areas as
the City drainage system may serve.
-1-
Seqtion .2' FDg..Imposed. The owners of all real property in the
City which contributes drainage water to or that benefits from the
City's stormwater utility, shall pay a monthly fee as set forth in
this chapter.
Section 3,..Sin_g_l~.-FamilY. and D~p!e~ ~D~s~.deD~tia_~.F~$~. The monthly
service fee for each single-family and duplex residential dwelling
shall be $5.00, provided that the ratio of impervious to pervious
surface on the lot shall not exceed 50 percent. If the ratio of
impervious to pervious surfaces exceeds 50 percent, the rate
established in Section 4 shall apply.
Sectign 4 Comm. erci~l/M~!~iplg. ~Ds.. The monthly fee for all
commercial/multiple property shall be according to the following
formula:
(Impervious area ~ 3,000 sq. ft.) x single family
and duplex rate = monthly fee
Section 5~ C~r~it A~lo~e~. Property that has met the drainage
requirements established by Ordinance 1957 may request a reduction
in the service fee based on the actual runoff from the property.
The determination of the reduction shall be made by the City Public
Works Director based on criteria to be established relating the run-
off from said property to the runoff from an equivalent single
family unit. The credit shall apply only to the capital portion
(if any) of the monthly user fee. In no case shall the monthly fee
to any property be less than $2.00 per month for single family and~
duplexes or $2.00 per month for each 3,000 square feet of impervious
areas of commercial/multiple property.
Section 6 Rates fo~ ~0~ _Income Senior_C.%%~.zens. Low income senior
citizens as defined in Section 13.04.035 of the Port Townsend City
Code, shall upon application and proof of their status to the city
clerk, be subject to a monthly storm sewer charge of $3.00.
Section 7 Sta~e Highway Charge. Pursuant to RCW 90.03.525, the
monthly fee for state highway right-of-way shall be thirty percent
(30%) of the fee provided in Section 4, unless the City and state
agree to a different rate or unless a court of competent jurisdic-
tion holds otherwise.
Section 8 _.Res~_rve...C.apac~.t~ ~h.~r~es. For properties developed
after the effective date of the first billing of the fees imposed
by this Ordinance, the City shall levy a charge for connection to
-2-
the City's stormwater drainage system. This charge reflects the
City's investment in stormwater drainage facilities either through
prior investment or bonding, The charge, to be known as the
"Reserve Capacity Charge," shall be computed as follows:
Reserve Capacity Charge = $3.00 x Number of months
since first stormwater
billing under Ordinance
No. 2054
Sec~ioni9 ~i.13~iD~g.. The fees imposed by this chapter shall be
billed in conjunction with the service customer's water and sanitary
sewer bill or by means of a separate bill if no other utility billing
is made to the property. Such fees shall be due and payable as pro-
vided in the ordinances governing water and sewer service and shall
be subject to the penalties imposed therein.
Section 10 .... ~emDd.~es-TTe.rmin~.t..ioD.~.~ Wjate~ ~Seryi~ce. The Mayor or
designee is authorized to terminate water service to any customer
who fails to pay the stormwater utility fees imposed by this chapter
in the same manner as delinquent water bills. Termination of such
water service shall not limit other remedies available to the City.
Section 1~1. Lien..f~or..se~vi_c~e.T,~In~tereost. Pursuant to RCW 35.67.200,
et seq., the City shall have a lien for delinquent and unpaid storm-
water sewer charges. Enforcement and foreclosure of said lien shall
be as provided by law. Interest on the unpaid balance shall be
eight percent (8%) per annum or higher rate as authorized by law.
Section 12.. Seve~ab!lit¥. If any section, sentence, clause, or
phrase of this Ordinance should be held to be invalid or unconstitu-
tional by a court of competent jurisdiction, such invalidity or
unconstitutionality shall not affect the validity or constitutionality
Of any other section, sentence, clause, or phrase of this Ordinance.
Section 13 ~Effec~tiyD..~te. This Ordinance shall take effect upon
its passage, approval and publication in the manner provided by law.
The monthly fees imposed herein shall be effective on and after
March 1, 1987, with the first billing to be made April 1, 1987.
Passed by the City Council for the City of Port Townsend
and approved by the Mayor this 2nd da~of.Dece~ber~ ~986~
A~e~~ MAYOR, Brent Shirley ~
Dave G~ove, City Clerk
Keith C~~'~rper~, City Attorney -3-