ORD 86-28 STORM WATER UTILITY RATES0045.20005
WDT:jt
10/14/86
ORDINANCE NO. 86-28
AN ORDINANCE OF THE CITY OF WINSLOW, WASHING-
TON, ESTABLISHING STORM WATER UTILITY RATES;
DEFINING TERMS; ESTABLISHING A RATE OF $3.00
PER MONTH FOR SINGLE-FAMILY AND DUPLEX; ESTA-
BLISHING A COMMERCIAL RATE; IMPOSING A STATE
HIGHWAY CHARGE; PROVIDING FOR BILLING; AUTHOR-
IZING TERMINATION FOR NONPAYMENT; AUTHORIZING
A LIEN FOR UNPAID SERVICE, AND ESTABLISHING A
JANUARY 1, 1987, BILLING EFFECTIVE DATE.
WHEREAS, the City Council of the City of Winslow,
enacted Ordinance No. 86-27 on the 16th day of October, 1986,
which established a storm water utility, and
WHEREAS, state law authorizes a City to establish rates
for storm water utility services, and
WHEREAS, the City has employed consulting engineers to
address this issue and make recommendations regarding rates, 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
~ecommendations, now, therefore,
THE CITY COUNCIL OF THE CITY OF WINSLOW, WASHINGTON, DO
ORDAIN AS FOLLOWS:
Section 1. A new Section 13.24.050 is hereby added to
the Winslow Municipal Code to read as follows:
13.24.050 Definitions. The following definitions
shall apply to this chapter.
"Commercial/Multiple Property" shall include all
property zoned or used for multi-family, commer-
cial 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
which have been cleared, graded, paved or com-
pacted. Excluded, however, are all lawns, agri-
cultural areas, and landscaped areas.
Section 2. A new Section 13.24.060 is hereby added to
the Winslow Municipal Code to read as follows:
13.24.060 Fee Imposed. The owners of all real
property in the City which contributes drainage
water to and/or which benefits from the City's
storm water utility shall pay a monthly fee as set
forth in this chapter.
Section 3. A new Section 13.24.070 is hereby added to
the Winslow Municipal Code to read as follows:
13.24.070 Single Family and Duplex Residential
Fees. The monthly service fee for each single
family and duplex residential dwelling shall be
$3.00, provided that the ratio of impervious to
pervious surface on the lot shall not exceed 50%.
If the ratio of impervious to pervious surfaces
exceeds 50%, the rate established in Section
13.24.080 shall apply.
Section 4. A new Section 13.24.080 is hereby added to
the Winslow Municipal Code to read as follows:
13.24.080 Commercial/Multiple Fees. The monthly
fee for all commercial/multiple property shall be
calculated according to the following formula:
(Impervious area ~ 3,000 sq. ft.) x single family
and duplex rate = rate
Section 5. A new Section 13.24.090 is hereby added to
the Winslow Municipal Code to read as follows:
13.24.090 State 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 13.24.080, unless the City
and State agree to a different rate or unless a
court of competent jurisdiction holds otherwise.
Section 6. A new Section 13.24.100 is hereby added to
the Winslow Municipal Code to read as follows:
13.24.100 Billing. The fees imposed by this
chapter shall be billed in conjunction with the
service customers water and sanitary sewer bill.
Such fees shall be due and payable as provided in
Section 13.16.070 and shall be subject to the
penalties imposed therein.
Section 7. A new Section 13.24.110 is hereby added to
the Winslow Municipal Code to read as follows:
13.24.110 Remedies - Termination of Water Service.
The mayor or designee is authorized to terminate
water service to any customer who fails to pay the
storm water 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 8. A new Section 13.24.120 is hereby added to
the Winslow Municipal Code to read as follows:
13.24.120 Lien for Service - Interest. Pursuant
to RCW 35.67.200, et seq, the City shall have a
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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 9. Severability. If any section, sentence,
clause or phrase of this ordinance 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 10. Effective Date. This ordinance or a
summary thereof consisting of the title shall be published in the
official newspaper of the City, and shall take effect and be in
full force five (5) days after publication. The monthly fees
i~posed herein shall be effective on and after January 1, 1987.
APPROVED:
MAYOR, ALICE B. TAWRES~/
ATTEST/ALLT~ENTICATED;.~
CITY CLE,~, DONNA jEAN BUXTON
APPROVED AS TO FORM:
OFFICE OF THE CITY ATTORNEY:
BY
FILED WITH THE CITY CLERK: October 16, 1986
PASSED BY THE CITY COUNCIL: October ~0, 1986
PUBLISHED: October 19, 1986
EFFECTIVE DATE: January 1, 1987
ORDINANCE NO. 86-28
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