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ORD 91-49 STORM & SURFACE WATER UTILITYORDINANCE NO. 91-49 AN ORDINANCE of the City of Bainbridge Island, Washington, relating to the storm and surface water utility; extending the utility to the entire City; adding new Sections 13.24.015 and 13.24.130 to the Bainbridge Municipal Code; and amending Section 13.24.020 of the Bainbridge Municipal Code. THE CITY COUNCIL OF THE CITY OF BAINBRIDGE ISLAND, WASHINGTON, DO ORDAIN, as follows: Section 1. There is added to the Bainbridge Municipal Code a new Section 13.24.015 as follows: 13.24.015. Jurisdiction. The City shall have jurisdiction over all storm and surface water facilities within the City. No modifications or additions shall be made to the City's storm and surface water facilities without the prior approval of the City. Section 2. Section 13.24.020 of the Bainbridge Municipal Code is amended as follows: 13.24.020. Plan adopted. The system or plan of the storm and surface water utility shall be (1) 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, and (2) for all land within the City's boundaries which is not covered by ((said)) Figures 1 and 6, all natural and manmade drainage conveyance systems from theop int of the first contract of (Eth-e-)) rainfall with the land to Puget Sound. Section 3. There is added to the Bainbridge Municipal Code a new Section 13.24.130 as follows: 13.24.130. Inspections - Right of entry Emergency. The City is authorized to enter at all reasonable times in or upon any property, public or private, for the purpose of operating or maintaining the storm and surface water facilities, or to inspect or investigate any condition relating to the storm and surface water utility; provided, that the City shall first obtain permission to enter from the owner or person responsible for such premises. If entry is refused, the City shall have recourse to every remedy provided by law to secure entry. Notwithstanding the foregoing, whenever it appears to the City that conditions exist requiring immediate action to protect the public health or safety, the City is authorized to enter at all reasonable times in or upon any property, public or private, for the purpose of inspecting, investigating or correcting such emergency condition. Section 4. This ordinance shall take effect and be in force five (5) days from and after its passage, approval, publication and posting as required by law. PASSD by the City Council this 30th day of December 199 1 APPROVED by the Mayor this 199 1 . S mJ. r to, Mayor ATTEST/AUTHENTICATE: Donna Jean Buxton, Clerk - Treasurer APPROVED AS TO FORM: 30th day of December Rod P. Kaseguma, City Attorney FILED WITH THE CITY CLERK: December 26, 1991 PASSED BY THE CITY COUNCIL: December 30, 1991 PUBLISHED: January 8, 1992 POSTED: January 8, 1992 EFFECTIVE DATE: January 13, 1992 ORDINANCE NO.: 91-49 ru/cab/1355y