ORD 2010-34 RELATING TO THE STORM & SURFACE WATER UTILITY (RETRO ACTIVE)~IIi~ANE N~, ~~1~-3~
AN OI]II~~-~ of the City of Bainbridge Island, ''hington, relating
to the City's storm and surface water utility; amending Section ~ 3.~4.0~
~~ the Bainbridge Island Municipal Code ~BIC} to reduce the monthly
fee for City-owned right-of=v~ay to conform to prior City budgets; and,
ratifying and confirrr~ing prior acts.
THE I~ITY ~UNIL ~F THE CITY ~F BAINI3RIIlE ILAI~I~,
A~HYTO1~, DBE ~IAYN~ A F~~~`;
section 1. findings.
The City Council hereby rr~al~es the following legislative endings:
~., The City hay established a storm and surface mater utll~ty with ~ur~sd~ctlon aver
all storm and surface w~.ter f~.ci~ities within the city,
b, The City has adopted and maintained a fee structure fcr the storm ar~d surface
water utility with the goal that the utility be a fully selfsupportingop~ration. As
part of Its ongoing analyses of the financ1al structure of Its utllit~es, the City has
examined the budget and foe structr~re of the torrri and surface grater r~tility.
c. RCS ~0.0~.~2 pro~~des that the storm and surface water utility fee charged by
the 1ty for state highway rights~of=~vay shall be thirty percent ~3~%} ofthe
general City rate,
d. Through ~0~7, the fee for City-owned rights-of=gray was established to be at the
same le~rel as the fee charged to the State, namely 3 o percent of the fee for
commercial property w~th~n the C1ty.
e. l~ ~o~en~br ~OO7, the City Council considered an alternative rate st~~ucture that
would increase the fee for City-ov~ned rights-of =a~ from ~ ~ peree~at to 1 ~~
percent of the conrarrzercial fee, Frith a resulting decxease in the com.n~ercial fee.
f, The C1ty Cou~ncll, by Ordinance No. ~0~7~39, Increased the fee for c1ty~or~ned
rights-of =a~ from ~ percent to 1 ~~ percent of the comn~ercia.l fee, and
correspondingly lowered the con~rnercial fee by 2 per parcel per rrlonth.
g. Both the pro j ected cyst to the its general find and the resulting fee structure
were based on materially et~t~or~eous financial inforrnation~
h. A surface water rate study commissioned ~y the City in ~~~~ found that only 2
to 3o percent cf comparable cities charge storm and surface water utility fees for
roads in their jurisdictions,
i, Raw ~,~~, 1 ~ allows cities who impose ratan to fund storm water control
sstarns to pra~ide a credit far the value of storm. water control facilities or
1lnpr0~~m~rlts that rnltlga~~ the l~npact ~~ ~torrn water,
j, pity raads and State highways pro~ride infrastructura to con~ay storrrrwater, such
that reduced rates are warranted.
k, Despite the erroneous prod actions; the utility has, based an the fees actually
charged and collected, continued to be fully self supporting through ~~ ~ D.
1. The pity Council has now baen pra~ided with more accurate financial
informat~~n than was presented during the consideration of ordinance Na. ~~7-
39, and on this basis has determined that the City council would nat have adopted
the erroneous fee schedule,
rn, The City Council has also deter}mined that tl~e ir~~act on the it's currant end
future delivery of general public sr~icas that would ~*esult from ret~~oa~cti~rel
applying ordinance Nat ~~~'~~9 would be prohibitively high, is not necessary to
the ut111ty' operation and~is riot in the public interest,
rl, The lty Council finds that retraactl~re application ~~ ~rdlnance Na, ~~~~~~~ 15
not necessary to make the starrn and surface water utility self~upporting far the
years ~~~8w 1 ~ or to confarrri to the City budgets far thane years.
Section ~.1Vlunicipal Code Amended,
Section I ~,Z4,~$~ of the Bainbridge Island Municipal Code is hereby arneded to
read as follows
1 .4,489 Streets and roads charge. The monthly fee for city-owned right-
o~ way shall be ~~ percent of the fee provided in BIM 1 ~.~.~~.
Section 3. Retroactive Application,
This ordinance is effective retroactive to December 1, 207.
Se~tlori 4. ~atlfl~atl~~i and COnflri~natlan,
The City Council hereby ratifies and confirrris all actions taken in a manner
consistent with and prior to tha effect1~re date of this ordinance,
2
PA~~ ~ T~~ ~~`~' ~C~~ tii ~ 3t~ day of ~ct~be~~, 20 ~ ~.
APP~~~I~ ~~ ~H~ ~~ t~i~ ~ t~ dad of October, ~~ ~ ~.
Bob c~1e~, Mayor
A~T~TIAU~THENTIC~.T~:
. ~
R~alind I~, Laso~~, it ler~
~~~~~ '~~~ ~~~ CITE L;
PAID ~`~ 7'~~ ~~'~' OCr~;
~FF~OTI~E D~~'E:
~RDIAN~ NUIV~~~R:
epten~bor 17, ~ ~ 1 ~
Octo~~r ~, 2~~~
October 22, 2~1~
~e~raact~~e to Decerr~be~~ ~, X007
2~~0,~~