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ORD 94-01 STORM & SURFACE WATER UTILITY FEESORDINANCE NO. 94 — 01 AN ORDINANCE of the City of Bainbridge Island, Washington, relating to storm and surface water utility fees, amending Section 2 of Ordinance No. 93-43, and amending Section 13.24. 100 of the Bainbridge Island Municipal Code. WHEREAS, Chapter 13.24 BIMC establishes a storm and surface water utility for the City for the purpose of combatting erosion and flooding, contamination of shellfish beds, pollution and sedimentation of streams and bays, and other problems resulting from run-off of rainwater throughout the City; and WHEREAS, pursuant to RCW 84.56.035 the City has entered into a contract with Kitsap County whereby the Kitsap County Treasurer will collect the City's storm and surface water utility fees from owners of property within the City; and WHEREAS, the City passed Ordinance No. 93-43 on December 2, 1993, which amends BIMC 13.24.100 to provide that the County shall collect all of the City's storm and surface water utility fees; and WHEREAS, the County will bill property owners by tax lot number for storm and surface water utility fees, and the City has billed its monthly accounts for the fees by street address, and WHEREAS, the City will not be able to provide the County with accurate storm and surface water utility service fee billing information, as required by the County, for the City's monthly accounts by the County's deadline for receiving billing information, and therefore it is necessary that during 1994 the City continue to collect the City's storm and surface water utility fees for monthly accounts; now, therefore, THE CITY COUNCIL OF THE CITY OF BAINBRIDGE ISLAND, WASHINGTON DO ORDAIN as follows: Section 1. Section 2 of Ordinance No. 93-43 and Section 13.24. 100 of the Bainbridge Island Municipal Code are amended to read as follows: 13.24.100 Billing and payment. A. ExcQt as otherwise provided in paragraph B of this section, Sstorm and surface water utility fees shall be billed annually by Kitsap County on behalf of the city in conjunction with the county's property tax bill. Storm and surface water utility fees billed pursuant to this paragraph shall be due and payable semi- annually on the same dates each year that the county's property tax bill is due and payable. aeeeuM and shall be delinquent if not paid by the due date. All delinquent F:\DMS\RAL\0049367.01 12/30/93 accounts billed pursuant to this oaraerQh will be subject to a monthly penalty charge of I% of the amount that is delinquent. B During the calendar year 1994, the city shall bill storm and surface water utility service accounts which the cid billed on a monthly basis in 1993, and such other accounts as deemed appropriate by the director of finance, on a monthly basis Storm and surface water utility fees billed pursuant to this paragraph shall be due and payable during the twenty day period following the billing date and shall be delinquent if not paid by the due date. All delinquent accounts billed pursuant to this paragraph will be subject to a monthly penalty charge of 10% of the amount that is delinquent. Section 2. This ordinance, passed by a majority plus one of the whole membership of the City Council, is a public emergency ordinance necessary for the protection of public health, public safety, public property, or public peace. Section 3. This ordinance shall take effect and be in force immediately upon its adoption. PASSED by the City Council this 6th day of January , 1994. APPROVED by the Mayor this 6th day of January , 1994. Q„� L/, et K. West, Mayor ATTEST/AUTHENTIC ATE: J usan P. Kasper, City Clerk APPROVED AS TO FORM: Rod P. Kaseguma, City Attorney FADWRAU0049367.01 12/30/93 -2 -