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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 Page 1 of 2 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