HomeMy WebLinkAbout2053 Storm and Surface Water Utility and PlanORDINANCE NO.
AN ORDINANCE OF THE CITY OF PORT TOWNSEND,
WASHINGTON, ENTITLED "STORM AND SURFACE
WATERS"; ESTABLISHING THE STORM AND SURFACE
WATER UTILITY; ADOPTING THE INITIAL PLAN;
TRANSFERRING PROPERTY RIGHTS TO THE UTILITY;
ESTIMATING THE COST; PROVIDING THAT THE PRO-
VISIONS ARE SEVERABLE; AND ESTABLISHING AN
EFFECTIVE DATE.
WHEREAS, RCW 35.67 authorizes cities to establish a storm
and surface water utility, and
WHEREAS, the City has hired CH2M HILL, Inc., and Warren
Consultants, Inc., to study and make recommendations concerning
the regulation and control of storm and surface waters, and
WHEREAS, the City consultants have submitted reports,
including a comprehensive stormwater drainage plan, which is hereby
adopted as the City's Comprehensive Drainage Plan, and
WHEREAS, the City intends to provide a means for regulating
and controlling stormwater runoff and a means to pay for the costs
of certain capital projects and the operation of the drainage system,
and
WHEREAS, the City-intends to incorporste into the proposed
stormwater utility all surface water courses, title or easements
to which are held by the City, now, therefore,
THE CITY COUNCIL OF THE CITY OF PORT TOWNSEND, IN REGULAR SESSION
ASSEMBLED, DO ORDAIN AS FOLLOWS:
Section 1
A new Chapter is hereby added to the Port Townsend Municipal
Code to be entitled "Storm and Surface Waters" and to read as follows:
1.1 ..... Utility. E_s.%ablishe~.. There is hereby created and
established a storm and surface water utility. The utility shall
be administered under direction of the Mayor or designee.
1.2 Plan Adopted. The original system or plan of the
storm and surface water utility shall be as set forth in the Compre-
hensive Drainage Plan prepared by CH2M HILL, dated O o--F. I~ ...,
and attached hereto as Exhibit A and incorporated herein as if set
forth in full.
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1.3 Transfer of Prop~rty. Ail properties, property rights
and interests of every kind or nature owned or held by the City,
however acquired, insofar as they relate to or concern storm or
surface water sewage are hereby transferred to the storm and surface
water utility, including by way of examples and not limitation, all
properties, rights and interests acquired by adverse possession or
by prescription in and to the drainage and storage of storm or
surface waters over and under lands, watercourses, streams, ponds,
and sloughs to the full extent of inundation caused by the largest
storm or flood condition.
1.4 ..Cost~. Since the City now owns all the facilities,
rights and interests set forth in Section 1.2 and 1.3, there is no
estimated cost.
1.5 Budget. The City shall establish by ordinance the
budget for the storm and surface water utility as required by
state law. The City may adopt such user fee and other charges as
may be deemed necessary to provide the revenues required by the
adopted budget.
SectiOn 2 Seve rabi l_i~ty
If any section, sentence, clause, or phrase of this ordin-
ance should be held to be invalid or unconstitutional 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 3 Ef~fe~.ti~e .DAte
This ordinance shall take effect upon its passage, approval
and publication in the manner provided by law.
Read for the first, second and third times; passed by the
City Council for the City of Port Townsend, and approved by the
Mayor this 2nd day of December, 1986.
Dave Grove, City Clerk
MAYOR, Brent Shirley
Approved as to form:
Keith C. Harper, City Attorney
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