HomeMy WebLinkAbout3441 Ordinance ORDINANCE NO. 3441
AN ORDINANCE of the City of Pasco, Washington, providing
for the re-enactment of Ordinance No. 3386 (Chapter 13.60 of the
Pasco Municipal Code ) entitled "Stormwater Management Utility".
WHEREAS, the City of Pasco has, pursuant to statutory mandate, enacted a
Storm and Surface Water Ordinance No. 3386, codified as Chapter 13.60 of the
Pasco Municipal Code, on the 1" day of November, 1999, with full lawful authority
and in accord with the procedures provided by law, and
WHEREAS, on November 7, 2000, Initiative Measure 722 was approved by
the voters of the State of Washington, purporting to declare any tax increase,
including water, sewer and other utility charges adopted after July 2, 1999 through
December 31, 1999, as null and void and of no effect therefore, putting in question
the continued enforceability of Ordinance No. 3386, and
WHEREAS, Ordinance No. 3386 was adopted to promote the public health,
safety and welfare for the management of surface and storm water problems, and
its continued application is necessary for the well being of the citizens of the City of
Pasco, and
WHEREAS, the constitutionality of Initiative Measure 722 is presently in
the process of judicial review thereby calling into question the effect of this
initiative, and therefore, to affect the continued enforceability of this ordinance,
NOW, THEREFORE,
THE CITY COUNCIL OF THE CITY OF PASCO, WASHINGTON DO
ORDAIN AS FOLLOWS:
Section 1. That Ordinance No. 3386 entitled "An ordinance of the City of
Pasco, Washington, creating a new chapter "Stormwater Management Utility" as
Chapter 13.60 of the Pasco Municipal Code providing for the management of surface
and stormwater problems created on city streets and codified as Chapter 13.60 of
the Pasco Municipal Code entitled, "Stormwater Management Utility," a true and
accurate copy of which is attached hereto as Exhibit No. 1 and incorporated by this
reference as if set out in full, is hereby re-enacted, ratified and confirmed in all
respects.
Section 2. This ordinance shall take full force and effect five days after its
approval, passage and publication as required by law.
DATED this 27"h day of November, 2000.
Michael L. Garrison, Mayor
ATTEST: APPROVED AS TO FORM:
Catherine D. Seaman, Deputy City Clerk Leland B. Kerr, City Attorney
ORDINANCE NO. 3386
AN ORDINANCE OF THE CITY OF PASCO, WASHINGTON
CREATING A NEW CHAPTER "STORMWATER MANAGEMENT
UTILITY" AS CHAPTER 13.60 OF THE PASCO MUNICIPAL
CODE PROVIDING FOR THE MANAGEMENT OF SURFACE AND
STORMWATER PROBLEMS CREATED ON CITY STREETS.
WHEREAS, the City Council of the City of Pasco, Washington has
determined that the chapter is necessary to promote the public health, safety
and welfare by promoting an approach to the management of surface and
stormwater problems created on city streets and deliveries to city owned
stormwater facilities; and
WHEREAS, stormwater problems are exacerbated by both the quantity of
water and the quality of the water, and stormwater quality degradation is
influenced by vehicles traveling on city streets; and
WHEREAS, the regulatory rates and charges imposed in the chapter are
an effort to relate the costs associated with the stormwater management
system to the use of vehicles by parcel owners located inside the City of Pasco;
and
WHEREAS, the recognition of the City's stormwater drainage system as
an additional component of the municipal water-sewer utility is necessary to
provide for the proper management and funding of the storm drainage system,
and for the orderly development of required stormwater facilities; NOW,
THEREFORE,
THE CITY COUNCIL OF THE CITY OF PASCO, WASHINGTON, DO
ORDAIN AS FOLLOWS:
Section 1. That a new chapter 13.60 entitled "Stormwater Management
Utility" shall be and hereby is adopted and shall read as follows:
CHAPTER 13.60
STORMWATER MANAGEMENT UTILITY
Sections:
13.60.010 Purpose.
13.60.020 Stormwater management utility created — Responsibilities.
13.60.030 Definitions.
13.60.040 Ownership of City stormwater facilities and assets.
13.60.050 Transfer of property to stormwater management utility.
13.60.060 Liability disclaimer.
13.60.070 Rates and charges.
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13.60.080 Stormwater management fund.
13.60.090 Billing.
13.60.100 Remedies.
13.60. 110 Appeals.
13.60. 120 Liens for service/interest.
13.60.010 PURPOSE. To promote the public health, safety and welfare
by promoting an approach to the management of surface and stormwater
problems created on city streets and deliveries to City owned stormwater
facilities.
13.60.020 STORMWATER MANAGEMENT UTILITY CREATED -
RESPONSIBILITIES. There is hereby created and established, pursuant to
Chapters 35.67 and 35A.80.010 RCW, a storm and surface water utility to be
known as the "Stormwater Management Utility." All references to "the utility"
in this chapter refer to the Stormwater Management Utility. The utility shall be
administered and enforced by the Director of Public Works, or his/her duly
authorized designee. The Director is hereby authorized to specify such
stormwater facility operation, maintenance and performance standards, in the
public right-of-ways of the City, as necessary to implement the requirements of
this code and carry out the duties of the Director.
13.60.030 DEFINITIONS. For the purpose of this title, certain terms or
words herein shall be interpreted or defined as follows: Except where
specifically defined in this chapter all words in this title shall carry the
customary meanings. Words used in the present tense include the future and
the future includes the present and the plural includes the singular and the
singular includes the plural.
a) "Apartments" means any parcel that contains six or more
residential units and is used primarily for residential purposes.
b) "Developed parcel" means any parcel altered from the natural state
by the construction, creation, or addition of impervious surfaces.
C) "Director" means the Director of the Department of Public Works or
the Director's designee.
d) "Drainage facility" means the system of collecting, conveying, and
storing surface and storm water runoff. Drainage facilities shall include, but
not be limited to all surface and storm water conveyance and containment
facilities including streams, pipelines, channels, ditches, swamps, lakes,
wetlands, closed depressions, infiltration facilities, retention/detention
facilities, erosion/sedimentation control facilities, and other drainage
structures and appurtenances, both natural and constructed.
C) "Impervious surface" means a hard surface area which either
prevents or retards the entry of water into the soil mantle as it entered under
natural conditions prior to development, and/or a hard surface area which
causes water to run off the surface in greater quantities or at an increased area
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of flow from the flow present under natural conditions prior to development.
Common impervious surfaces include, but are not limited to, roofs, walkways,
patios, driveways, parking lots, storage areas, areas which are paved, graveled
or made of packed or oiled earthen materials, or other surfaces which similarly
impede the natural infiltration of surface and storm water. Open, uncovered
retention/detention facilities shall not be considered as impervious surfaces for
the purpose of this chapter.
f) "Industrial/Commercial property" means any parcel used by a
person not defined as apartment, residence or undeveloped parcel.
g) "Maintenance" means the act or process of cleaning, repairing or
preserving a system, unit, facility, structure, or piece of equipment.
h) "Multi-family Residential" means any parcel which contains from
one to five residential units which is within a single structure and is used
primarily for residential purposes.
i) "Parcel" means the smallest separately segregated unit or plot of
land having an identified owner, boundaries, and surface area which is
documented for property tax purposes and given a tax lot number by the
Franklin County Assessor.
j) "Person" means any individual, firm, company, association,
corporation, or governmental agency.
k) "Property owner of record" means a person or persons shown in the
records of the County Assessor to be the owner of property and to whom
property tax statements are directed.
1) "Rate category" means the classification in this chapter given to a
parcel in the service area based upon the type of land use on the parcel and/or
the surface area (in acres) of the parcel for lands with stormwater that enters
the public right-of-way.
m) "Rates" means the dollar amount charged per unit or per parcel in
the "General Classification" of section 13.60.070 based upon the
accommodation of stormwater runoff and other surface water management
services due to vehicle usage in the public right-of-way associated with the
land use activity. Private parcels, excluding single family residence, with
impervious surfaces exceeding 1000 square feet which drain to the City street
or right-of-way shall be charged an additional monthly fee not to be less than
50% of the Single-Family Residential (SFR) unit as set forth in 13.60.070.
n) "Retention/detention facility" means a type of drainage facility
designed either to hold water for a considerable length of time and then release
it by evaporation, plant transpiration and/or infiltration into the ground; or to
hold runoff for a short period of time and then release it to the surface and
storm water management system.
o) "Service changes" means charges to property owners for storm and
surface water management services.
P) "Single Family Residence" means a building or structure or portion
thereof, designed for and used to provide a place of abode for human beings.
The term residence includes the term "residential" or "residential unit" as
referring to the type of or intended use of a building or structure.
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q) "State highway right-of-way" means the right-of-way of a state
limited access highway. The term does not include City streets forming a part
of the route of state highways that are not limited access highways or state
property under the jurisdiction of the Washington State Department of
Transportation (WSDOT) that are outside the right-of-way lines of a state
highway.
r) "Stormwater" means the water originating from rainfall and other
precipitation that is found in drainage facilities, rivers, streams, springs, seeps,
ponds, lakes, and wetlands as well as shallow groundwater.
s) "Stormwater management services" means the services provided by
the stormwater management utility, including but not limited to basin
planning, facilities maintenance, street sweeping, regulation, financial
administration, public involvement, drainage investigation and enforcement,
aquatic resource restoration, surface and storm water quality and
environmental monitoring, natural surface water drainage system planning,
intergovernmental relations, and facility design and construction.
t) "Stormwater management system" means constructed drainage
facilities and any natural surface water drainage features which collect, store,
control, treat and/or convey surface and storm water including pipes, pump
stations, and street gutters.
u) "Undeveloped parcel" means any parcel that has not been altered
from its natural state by the construction, creation, or addition of impervious
surface(s).
V) "Utility" means the Stormwater Management Utility created under
the provisions of this chapter.
w) "Vacant building" means any unoccupied building or structure or
portion thereof, designed for and intended to be used by a person.
13.60.040 OWNERSHIP OF CITY STORMWATER FACILITIES AND
ASSETS. Title and all other incidents of ownership of the following assets are
vested in the water/sewer utility;
All properties, interests, and physical and intangible rights of every
nature owned or held by the City, however acquired, insofar as they relate to or
concern stormwater runoff.
13.60.050 TRANSFER OF PROPERTY TO STORMWATER MANAGEMENT
UTILITY. The City Council expressly finds the value of the above described
original system or plan of storm drainage and surface water facilities is equal to
the value of release from primary responsibility therefor insofar as it relates to
or concerns storm or surface waters within the City. Accordingly, all of the
City's above described original system or plan of storm drainage and surface
water facilities, including the rights and interests as a part thereof as they
relate to or concern storm or surface waters are, for purposes of RCW
43.09.210, hereby transferred to and subject to the administration of the City's
Stormwater Management Utility created by this chapter. All other institutions
and departments of the City having primary responsibility therefor within the
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City are, to the same extent, released from such primary responsibility.
Inasmuch as the City now owns all of those facilities, including the rights and
interests as a part thereof and the original system or plan set forth in PMC
13.60.030, there is no estimated cost thereof.
13.60.060 LIABILITY DISCLAIMER. a) Floods from storm water
runoff may occasionally occur which exceed the capacity of storm drainage
facilities constructed and maintained by funds made available under this
chapter. The City's adoption of this code does not imply that property liable for
the storm and surface water drainage charge shall always be free from storm
water flooding or flood drainage. Further, this code does not purport to reduce
the need or the necessity for any property owner to obtain flood insurance.
b) This chapter shall be administered and enforced for the benefit of
the health, safety and welfare of the general public, and not for the benefit of
any particular person or class of persons.
C) No provision of or any term used in this chapter is intended to
impose any duty upon the City or any of its officers or employees which would
subject them to damages in a civil action.
13.60.070 RATES AND CHARGES. The following rates shall be charged
effective on the date shown to the following rate categories:
Rate Category Rate per Month
General Classification
Single-Family Residential $ 1.80
Multi-Family Residential (per unit) $ 0.90
Apartments (per unit) $ 0.90
Undeveloped parcel $ 0.00
Vacant building $ 1.80
Industrial / Commercial
Parking for 0 to 5 vehicles $ 1.80
Parking for 6 to 10 vehicles $ 3.60
Parking for 11 to 15 vehicles $ 7.20
Parking for 16 plus vehicles $ 9.00
Additional Charges
Property runoff to City system ($ 0.90 Min) $30.00/acre
State highway right-of-way (WSDOT) ($ 0.30 Min) $10.00/acre
13.60.080 STORMWATER MANAGEMENT FUND. There is established a
Stormwater Management Fund as part of the water/sewer utility into which all
revenue the rates and charges in section 13.60.070 together with all other
utility revenue from user fees, connection charges, grants, taxes and other
funding sources shall be deposited and from which all expenditures related to
the City's stormwater drainage system shall be paid. This fund shall he kept in
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the manner prescribed by state law as to accounting and reporting
expenditures.
13.60.090 BILLING. The charges imposed by this chapter shall be billed
in conjunction with the property or user's customary water and sanitary sewer
bill issued by the City. Such charges shall be due and payable as provided in
this chapter. In the event a property does not have water or sanitary sewer
service, but is subject to the charges imposed in this chapter, a new account
shall be established and that property shall be billed separately for the surface
water drainage service charges.
13.60.100 REMEDIES. In the event a customer or property owner shall
fail to pay the surface water drainage service charge, the City shall have the
authority to terminate domestic water service to said property or customer.
Termination of such water service shall not limit other remedies available to
the City under state law.
13.60.110 APPEALS. Any customer or property owner who feels that the
drainage service charge as set forth in PMC 13.60.060 for their property has
been incorrectly computed or applied, may petition, in writing, to the Director
of Public Works for a review of said computations or application. The decision
of the Director shall be final.
13.60.120 LIENS FOR SERVICE/INTEREST. Pursuant to RCW
35.67.200, the City shall have a lien for delinquent or unpaid stormwater
service charges. Enforcement and foreclosure of said lien(s) shall be as
provided by law. Interest on the unpaid balance shall be eight percent per year
or such higher rate as authorized by state law. Penalties, as authorized by
state law, in the amount of five percent will also be assessed.
Section 2. This ordinance shall take effect December 31, 1999.
PASSED by the City Council of the City of Pasco, Washington, at a
regular meeting this 15th day of November, 1999.
Charles D. Kilbury, Mayor
ATTEST: APPROVED AS TO FORM:
Catherine D. Seaman, Leland B. Kerr, City Attorney
Deputy City Clerk
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