ORD 86-27 STORM & SURFACE WATER0045.20005
WDT:jE
10/2/86
ORDINANCE NO. 86-27
AN ORDINANCE OF THE CITY OF WINSLOW, WASHINGTON,
ADDING A NEW CHAPTER 13.24 ENTITLED "STORM AND
SURFACE WATERS; ESTABLISHING THE UTILITY, ADOPTING
THE INITIAL PLAN; TRANSFERRING PROPERTY RIGHTS TO
THE UTILITY; ESTIMATING THE COST; PROVIDING THAT
THE PROVISIONS ARE SEVERABLE; AND ESTABLISHING AN
EFFECTIVE DATE.
WHEREAS, RCW 55.67 authorizes cities to establish a
storm and surface water utility, and
WHEREAS, the City has hired Gardner Engineers, 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 storm water dralnage plan, which has
been adopted pursuant to Resolution No. 85-17 , and
WHEREAS, the City intends to provide a means for
regulating and controlling storm water runoff and a means to pay
for the costs of certain capltal projects, and
WHEREAS, the City intends to incorporate into the
proposed stormwater utllity all surface water courses, title or
easements to which are held by the City, now, therefore,
THE CITY COUNCIL OF THE CITY OF WINSLOW, WASHINGTON, DO
ORDAIN AS FOLLOWS:
Section 1. A new Chapter 13.24 is hereby added to the
Winslow Municipal Code to be entitled "Storm and Surface Waters"
and to read as follows;
13.24.010 Utility Established. There is hereby
created and established a storm and surface water
utility. The utillty shall be administered under
direction of the mayor or designee.
15.24.020 Plan Adopted. The origlnal system or
plan of the storm and surface water utillty shall
be as set forth on figures 1 and 6 of the plan
prepared by Gardner Engineers, Inc., and Warren
Consultants, Inc., dated July 22, 1985, and
adopted by the City Council on August 15, 1985
which figures and plan are incorporated by this
reference as if set forth in full.
15.24.0S0 Transfer of Property. All 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.
13.24,040 Cost. Since the City now owns all the
facilities, rights and interests set forth in
Section 15.24.20 and 15.2~.050, there is no
estimated cost.
13.2~.200 Severability. If any section,
sentence, clause or phrase of this chapter should
be held to be invalid or unconstitutional by a
court of competent jurisdiction, such invalidity
or unconstitutionality shall not affect the vali-
dity or constitutionality of any other section,
sentence, clause or phrase of this ordinance.
Section 2. This ordinance or a summary thereof
consisting of the title shall be published in the official news-
paper of the City, and shall take effect and be in full force
five (5) days after publication.
APPROVED:
MAYOR , ALICE B . TAWRES~/
ATTEST/AUTHENTICATED:
CITY ~L~j~', DONNA JEA~BUXTON~
APPROVED AS TO FORM:
OFFICE OF THE CITY ATTORNEY:
BY ~~
FILED WITH THE CITY CLERK: October 2, 1986
PASSED BY THE CITY COUNCIL: October 16, 1986
PUBLISHED: October 29, 1986
EFFECTIVE DATE: November 3, 1986
ORDINANCE NO. R6-27
- 2 -
RIGOr OF ~ DEED - S1]~E~.T KNDW~,~ AS KNECHTEL ~,~Y N.E. ~--*
KNOW ALL MEN BY THF~SE PRESENTS- THAT LANDMARK PARTNERSHIP, 724 Ericksen Avenue
N. E., Winslow, of the County of Kitsap, in the State of ~ashington, in
consioeration of the ~enefits and other valuable considerations has granted,
bargained, sold and conveyed, and by these presents do grant, bargain, sell and
convey unto the City of Winslow the following described parcel of land situated
in the City of Winslow, Kitsap County, State of Washington, to wit:
The South 20 feet of the following described property:
That portion of the South half of the Northwest quarter, Section 26,
Township 25 North, Range 2 Fast, W.M., described as follows: Beginning
at a point on the ~orth line of said subdivision 660 feet E~st of the
N. ~. corner thereof; thence Fast 330 feet; thence South 660 feet;
thence West 330 feet; thence North 660 feet to the point of keginning;
EXCEPT the North 50.0 feet, the Fast 30.0 feet, and the South 20.0 feet
thereof;
EXCEPT t~hat portion thereof lying within the following described tract
of larld:
[~i~.~.inning at a point N 00028'58'' nest 662.53 feet and N 89~28'39''
East 815.22 feet from the West quarter corner of said Section; thence
N 00c31'21'' West 150.0 feet; thence N 89~28'39'' Fast 50.0 feet;
thence S 00~31'21'' East 150.0 feet; thence S 89e28'39'' ~est 50.0 feet
to the point of keginning;
Situate in Kl~sao County, State of ~ashington.
Ti~ Grantors hereby agree to the establishment of said street as above
described, and to the perpetual ~Bintenance of the saire as a City Street, and
waive all claim for damages of whatever kind which rmy be occ~sioned to
adjacent land by the location, establish,Tent, construction, drainage and
maintenance of said street, and agree and consent to the right of the City of
Winslow to make all Decessary slopes for cuts anO fills whenever they extend
beyond the right-of-way line, upon above mentioned road, all in conformity with
standard practices of City street construction, and to the same extent and
purpose as if the rights herein granted had been acquired by condemnation
proceedings under F~ninent Domain Statutes of the State of Washington.
Said covenants shall run with the land and be binding upon the grantors and
successors or assigns.
TO HAVE AND ~ID HOlD the same, unto the City of Winslow for the purpose of a
~, E. Jo , Pa net
llen D. [ia , ~
Par[net
~Lkqan [~.. ~arader, Part~er
STATE OF WASHINGTON, ss.
County of King
I, CindV E.Paulsen, a Notary P. blic i d for the State of Washington,
do hereby certify that on this~ay o~Dru~r°/, 1 86, ersonall 'appeared
E.Ha~ader, Edward E. Johnson~ Tanya H. Johnson,Donald W. Mowat & Kathr~
to me known to be the individ~]s described in and who executed the within Mo~
instr~nent, and acknowledged that they signed and sealed the same as their free
and voluntary act and deed, for the purpose therein mentioned.
Given under my. hand and official seal this
[~day of~986.
Notary Public in and for the
State of ~ '~
Residing
STATE OF WASHINGTON, ss.
County of King
I~indy E.Paulsen , a Notary P ic in nd for the State of Washington,
do hereby certify that on this~_~ay of , 1986 personally appeared
before me, Guy H. Bockus, to me known to ~individual described in and
who executed the ~thin instrument,-and acknowledged that he signed and sealed
the same as his free and voluntary act and deed, for the purpose therein mentioned.
Given under my hand and official seal this ~ay of~ 198~.
~ Notary Public in and for the
Residing t
Filed for record
]986 at __
M., request of the Winslow City Counc