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ORD 99-50 CITY'S STORM/SURFACE WATER MANAGEMENT UTILITYRevised October 5, 1999 ORDINANCE NO. 99-50 AN ORDINANCE of the City of Bainbridge Island, Washington, relating to the City' s storm and surface water management utility; adding a new Section 13.24.065 to the Bainbridge Island Municipal Code; and mending Section 13.24.070 of the Bainbridge Island Municipal Code. WHEREAS, Chapter 35.67 RCW provides that cities are authorized to establish storm water ("storm sewer") utilities; and WHEREAS, the City of Bainbridge Island has had a Storm and Surface Water Management (formerly called "Storm Drain") utility since 1987; and WHEREAS, the likely passage of Initiative 695 is likely to put extreme pressure on the City's ability to accomplish its mandated functions with the revenues allowed to it; now, therefore THE CITY COUNCIL OF THE CITY OF BAINBRlDGE ISLAND, DOES ORDAIN AS FOLLOWS: Section 1. A new Chapter 13.24.065 of the Bainbridge Island Municipal Code is established to read as follows: 13.24.065 Automatic annual fee adjustment. The fees described in Chapter' 13.24.070, as now existing and as subsequently amended, shall_be adjusted on an annualbeginning January 1 of each year, unless the city council determines by December 31 of any year that the adjustment shall not occur for the next year. The adjustment shall be equal to the annual rate of increase in the Seattle Area Consumer Price Index (CPI-U) for the most recent period available prior to January 1. Section 2. Chapter 13.24.070 of the Bainbridge Island Municipal Code is hereby amended 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 $7.00 less an amount as established by resolution of the City Council, provided that the ratio of impervious to pervious surface of the lot shall not exceed 50 percent. If the ratio of impervious to pervious surfaces exceeds 50 percent, the rate established in Section 13.24.080 shall apply. Section 3. If the right or authority of the City to adjust by resolution the service fee established in BIMC 13.24.070 is legally challenged, there shall be no reduction in the fees and the full $7.00 fee, as adjusted pursuant to BIMC 13.24.065 above, shall apply. Section 4. If Initiative 695 is rejected by the voters of the State of Washington or if Initiative 695 fails to become law for any other reason the amendments to BIMC 13.24.065 and 13.24.070 shown in Sections 1 and 2 above shall be null and void and of no force or effect, and the language of BIMC 5.08.040 in effect on September 1, 1999, shall remain in full force. Section 5. This ordinance shall take effect and be in force on and after December l, 1999, which date is more than five days from and after its passage, approval, and publication. PASSED by the City Council this 7_th day of October, 1999. APPROVED by the Mayor the ~th day of October, 1999. ATTEST/AUTHENTICATE: ~'~iGH~T SU~TT~O~,Mag-or S&ASPER, City Clerk APPROVED AS TO FORM: ROD P. KASEGUMA, City Attorney FILED WITH THE CITY CLERK PASSED BY THE CITY COUNCIL PUBLISHED: EFFECTIVE DATE: ORDINANCE 99 - 50 September 7, 1999 O~ober _g7 1999 October 20, 1999 October 25, 1999