005-09 - Ordinance - Amending POMC Chapter 13.06 Storm Drainage UtilityIntroduced by:
City Treasurer
Requested by:
City Treasurer
Drafted by:
City Treasurer
Introduced:
February 24, 2009
Adopted:
February 24, 2009
ORDINANCE NO. 005-09
AN ORDINANCE OF THE CITY OF PORT ORCHARD,
WASHINGTON, AMENDING PORT ORCHARD
MUNICIPAL CODE CHAPTER 13.o6 "STORM
DRAINAGE UTILITY" REGARDING STORM
DRAINAGE CHARGES FOR MULTI -FAMILY AND
COMMERCIAL PROPERTIES.
WHEREAS, on November 25, 20o8 the City Council adopted Ordinance No. 037-
o8 establishing provisions for rates, billing, and payment for the City's storm drainage
utility, which provisions were codified in Port Orchard Municipal Code (POMC) Chapter
13.o6; and
WHEREAS, the City Council now desires to amend POMC Chapter 13.06 to better
accomplish the purposes and intent of the storm drainage utility; now, therefore,
THE CITY COUNCIL OF THE CITY OF PORT ORCHARD, WASHINGTON,
DO ORDAIN AS FOLLOWS:
SECTION 1. Port Orchard Municipal Code 13.o6.o8o is hereby amended to
read as follows:
13.o6.o8o Storm drainage service charge calculation.
(1) 3,000 square feet of impervious ground cover
shall be equal to one impervious surface unit (ISU).
(2) All single-family residential accounts (including
mobile homes) are deemed to contain one equivalent ISU for
purposes of the monthly storm drainage utility service charge.
(3) For the first 12 months following the effective
date of the service charges or until the utility determines the
actual number of ISUs, whichever is earlier, multifamily and
commercial accounts shall pay a service charge based on the
presumption that 85 percent of the lot is impervious surface.
(4) Within 12 months following the effective date of
the service charges, the utility shall determine the actual
number of ISUs contained on multifamily and commercial
Page 2 of 2
Ordinance No. oo5-oo
properties and these accounts shall pay a service charge to be
calculated as follows: actual impervious ground cover / 3,000
square feet x single-family rate. In making the calculation,
fractions shall be rounded to the nearest whole number but not
less than one.
SECTION 2. If any section, sentence, clause or phrase of this ordinance should be
held to be invalid or unconstitutional by a court of competent jurisdiction, such invalidity or
unconstitutionality shall not affect the validity of constitutionality of any other section,
sentence, clause or phrase of this ordinance.
SECTION q . This ordinance shall be in full force and effect five (5) days after
posting and publication as required bylaw. A summary of this Ordinance maybe published
in lieu of the entire ordinance, as authorized by State Law.
PASSED by the City Council of the City of Port Orchard, APPROVED by the Mayor
and attested by the Clerk in authentication of such passage this 24th day of February 2009.
A EST:
C
Patricia Kirkpat is , Ci Clerk
APPROVED AS TO FORM:
Gregory A. ac by, C Attorney
Sponsored by:
Robert Putaansuu, Councilmember