HomeMy WebLinkAbout3082 Amending PTMC 13.05 Utility Rates and Charges and Adding a New Section 13.05.055 Boat Haven - Exemption from Stormwater Fees Ordinance 3082
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Ordinance No. 3082
AN ORDINANCE OF THE CITY OF PORT TOWNSEND AMENDING
THE PORT TOWNSEND MUNICIPAL CODE CHAPTER 13.05 UTILITY
RATES AND CHARGES AND ADDING A NEW SECTION 13.05.055
BOAT HAVEN—EXEMPTION FROM STORMWATER FEES
RECITALS:
A. The City Council held a public hearing, following due notice, on July 16, 2012 on several
matters that implement an Agreement dated June 13, 2012 between the City and the Port.
The Agreement is based on A Joint Resolution of the City Council of the City of Port
Townsend, Washington and the Commission of the Port of Port Townsend (city
resolution no. 12-022 and Port Resolution No. 575-12, May 21, 2012), and provides for a
tentative settlement agreement of matters of mutual concern to the City and the Port,
including, on closing, the transfer of the Port's interest in property in the vicinity of Kali
Tai Lagoon to the city.
B. One of the matters is providing an exemption for stormwater fees for Boat Haven. This
exemption recognizes that the Port's stormwater system is independent of the City's
system, and the fact that the City system does not handle stormwater which originates on
the Port property. In the June 13, 2012 Agreement, the Port has agreed to maintaining and
continuing to commit an appropriate level of funding for the operation and maintenance
of its existing and separate Boat Haven stormwater system consistent with legal
requirements.
C. The exemption also resolves a legal issue raised by the Port, and disputed by the City, that
the City cannot legally subject the Port's property to stormwater fees because the Port
doesn't contribute any burden(stormwater) to the City system (citing cases including
Tukwila Sch. Dist. No. 406 v. City of Tukwila, 140 Wn. App. 735 (2007).
D. For the foregoing reasons, the City Council determines it appropriate to exempt Boat
Haven from stormwater fees.
NOW,THEREFORE,The City Council of the City Of Port Townsend Ordains as
follows:
SECTION 1. Chapter 13.05 UTILITY RATES AND CHARGES is amended by adding
a new Section 13.05.055 BOAT HAVEN—EXEMPTION FROM STORMWATER FEES to
read as follows:
13.05.055. Boat Haven—Exemption From Stormwater Fees. Because the Port at Boat
Haven has its own stormwater system that is independent of the City's system, and the
City's system does not handle stormwater which originates on the Port property from the
Port or its tenants, and because the Port is required to maintain its separate Boat Haven
stormwater system consistent with legal requirements, the Port's Boat Haven property
and its tenants at Boat Haven are exempt from the City's stormwater utility fees. "Boat
Haven"means property that is zoned M-II(A) (Boat Haven) Marine-Related Uses.
SECTION 2. Severability. If any provision of this ordinance or its application to any
person or circumstance is held invalid, the remainder of the ordinance, or the application of the
provision to other persons or circumstances, is not affected.
SECTION 3. This Ordinance shall take effect upon its passage, approval and publication
in the form and manner provided by law, Provided, the Clerk shall not publish the Ordinance
until the City Manager and City Attorney certify to the Clerk that the terms of an Agreement
dated June 13, 2012 between the City and the Port, including the closing of the transfer of the
Port's Kah Tai property to the City, have been met or are assured of being met.
Adopted by the City Council of the City of Port Townsend, Washington, at a regular
meeting thereof, held this 6th day of August 2012.
c
David King, Mayor
Attest: Approved as to Form:
Pamela Kolacy, MMC, City Clerk '` John P. Watts, City Attorney