ORD 2000-48 STORM & SURFACE WATER MANAGEMENT UTILITYORDINANCE NO. 2000-48
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 Bainbfidge Island Municipal
Code; and amending 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, a public hearing was held to discuss this and other changes to the
City's tax and fee structure on October 7, 1999; and
WHEREAS, voter approval Initiative 722 has brought into question the validity
of the City's tax and fee structure; now, therefore
THE CITY COUNCIL OF THE CITY OF BAINBRIDGE 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 annual beginning 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
$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 fight 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. This ordinance shall take effect and be in force on and after five days
from and after its passage, approval, and publication as required by law.
PASSED by the City Council this 2 1st day of November, 2000.
APPROVED by the Mayor the 22"a day of November, 2000.
DVv'NIGHT SUTTON, Mayor
ATTES T/AUTHENTICATE:
US~~P. KASPER, City Clerk
APPROVED AS TO FORM:
ROD P. KASEGUMA, City Attorney
FILED WITH THE CITY CLERK
PASSED BY THE C-ITY COUNCIL
PUBLISHED:
EFFECTIVE DATE:
ORDINANCE 2000-48
Novemberl6,2000
November21,2000
November 29, 2000
December 4, 2000