020-09 - Ordinance - Temporary Credit for Storm Drainage Service ChargesIntroduced by:
Requested by:
Drafted by:
Reviewed by:
Introduced:
Adopted:
ORDINANCE NO. 020-09
Public Works Director
Public Works Director
City Attorney
City Attorney
July 28, 2009
July 28, 2009
AN ORDINANCE OF THE CITY OF PORT ORCHARD,
WASHINGTON, ESTABLISHING A TEMPORARY CREDIT FOR
STORM DRAINAGE SERVICE CHARGES FOR COMMERCIAL AND
MULTIFAMILY ACCOUNTS
WHEREAS, on November 25, 2oo8, the Port Orchard City Council adopted Ordinance No.
037-08 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 were
effective January 1, 2oo9; and
WHEREAS, POMC section 13.o6.o8o, as originally adopted, provided that for 12 months
commercial and multifamily accounts would pay a storm drainage service charge based on the
presumption that 85 percent of the property was impervious surface; and
WHEREAS, the intent of POMC 13.o6.o8o was to provide the utility sufficient time to
inspect and verify the actual percentage of impervious surface on each commercial and multifamily
account within the utility's service area and to adjust the service charges accordingly beginning
January 1, 201o; and
WHEREAS, in response to public comment, the City Council adopted Ordinance No. 005-
o9, which amended POMC 13.06.o8o and allowed the storm drainage utility to adjust charges for
commercial and multifamily accounts as soon as the utility had determined the actual percentage of
impervious surface for a particular piece of property but the ordinance did not provide for a credit
for past payments; and
WHEREAS, certain property owners have provided the utility with evidence that the actual
impervious surface on their property is less than 85 percent and have requested a credit for
payments previously made; and
WHEREAS, the City Council desires that the billing and collection of storm drainage service
charges should be fair and reasonable and therefore wishes to adopt a temporary credit for storm
drainage services charges for commercial and multifamily accounts; now, therefore,
THE CITY COUNCIL OF THE CITY OF PORT ORCHARD, WASHINGTON, DO
ORDAIN AS FOLLOWS:
SECTION 1. The City shall provide a credit for storm drainage service charges to those
commercial and multifamily stormwater utility accounts that, on or before December 31, 2009,
Ordinance No. 020-09
submit a fully completed storm drainage utility rate variance request on a form approved by the City
and the City verifies the actual percentage of impervious surface is less than 85 percent.
SECTION 2. The amount of the credit shall be the difference between the storm drainage
service charges billed to the customer after January t, 2oo9, based on the presumed percentage of 85
percent of impervious surface and the charges based on actual impervious surface as calculated
pursuant to POMC t3.o6.o80(4) and amended by Ordinance No. 005-09.
SECTION.q. No cash refunds will be made. All credits will be applied to future storm
drainage billings. This credit is temporary and the City will not consider any new requests submitted
after December 31, 2009.
SECTION a. 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 .s. This ordinance shall be in full force and effect five (5) days after posting and
publication as required by law. A summary of this Ordinance may be published in lieu of the entire
ordinance, as authorized by State Law.
PASSED by the City Council of the City of Port Orchard, APPRO ED by the May and
attested by the Clerk in authentication of such passage this 28th day 2009��
Lary
A T:
atricia J. rkpa rick, CMC, City Clerk
APPROVED AS TO FORM: Sponsored by:
=
/L re . J y, eottorW Councilmember, Rob Putaansuu
NOTICE OF CITY OF PORT ORCHARD
ORDINANCE
The following is a summary of an Ordinance approved by the Port Orchard City Council at their regular
Council meeting held July 28, 2009.
ORDINANCE NO. o2o-o9
AN ORDINANCE OF THE CITY OF PORT ORCHARD,
WASHINGTON, ESTABLISHING A TEMPORARY CREDIT FOR
STORM DRAINAGE SERVICE CHARGES FOR COMMERCIAL
AND MULTIFAMILY ACCOUNTS
Copies of Ordinance No. 020-09 are available for review at the office of the City Clerk of the City of Port
Orchard. Upon written request a statement of the full text of the Ordinance will be mailed to any
interested person without charge. Thirty days after publication, copies of Ordinance No. 020-09 will be
provided at a nominal charge.
City of Port Orchard
Patti Kirkpatrick
City Clerk
Publish: Port Orchard Independent
July 24, 2009