036-08 - Ordinance - New Chapter 13.06 Storm Drainage UtilityORDINANCE NO. 036-08
AN ORDINANCE OF THE CITY OF PORT ORCHARD, WASHINGTON,
ESTABLISHING A STORM DRAINAGE UTILITY AND CREATING A NEW
CHAPTER 13.06 OF THE PORT ORCHARD MUNICIPAL CODE
WHEREAS, under federal Clean Water Act regulations, the City of Port Orchard is subject to
the federal National Pollutant Discharge Elimination System (NPDES) Storm Water Program (Phase
II), and is required to have a storm water management program; and
WHEREAS, the City Council finds that increased development of land has and will continue
to increase demands on the city's present storm drainage system and that the present storm
drainage system is inadequate to meet increased demands; that stormwater runoff has caused
damage to parts of the city; that uncontrolled water runoff on streets and highways pose a safety
hazard to both lives and property; that increased runoff has led to erosion and sedimentation in
creeks and streams; and that stormwater entering the city's sewage system poses a threat and adds
expenses to the operation of sewer treatment plant and facilities; and
WHEREAS, the current level of funding for storm drainage and surface wafer control is not
adequate to meet NPDES requirements or current and future needs to protect public and private
property from storm and surface water; that all developed real property within the boundaries of the
city, present and future, contributes runoff to the city's storm and surface water drainage system;
and that all developed property benefits from the storm and surface water management of the city
and should contribute financially to the payment of expenses for planning, design, construction,
maintenance, administration, operation and improvement of the city's storm and surface water
drainage system; and
WHEREAS, the creation of a storm drainage and surface water management utility is
deemed necessary to protect the public health, safety and welfare by minimizing uncontrolled
surface and storm water, erosion and water pollution, enhancing water quality and environmental
habitat and resources and providing for comprehensive management and administration of surface
and storm water; and
WHEREAS, it is the intent of the City Council to establish storm drainage rates, and the
billing and collection process associated with those rates, in a subsequent ordinance; now,
therefore,
THE CITY COUNCIL OF THE CITY OF PORT ORCHARD, WASHINGTON, DO ORDAIN
A5 FOLLOWS:
SECTION 1. Title 13 of the Port Orchard Municipal Code is hereby amended by the
addition of a new Chapter 13.06, Storm Drainage Utility, with sections as follows herein:
13.06.010 Purpose,
Ordinance No. 036-08
Page 2 of
13.06.020 Storm drainage utility established.
13.06.030 Powers and authority.
13.06.040 Utility to be administered by the director of public works.
13.06.050 Storm Drainage Utility Fund.
SECTION 2. A new section of Chapter 13.06 of the Port Orchard Municipal Code is added,
as follows:
13.06.010 Purpose.
The purpose of this chapter is to:
(1) Promote public health, safety, and general welfare.
(2) Reduce loss and property damage caused by drainage
problems.
(3) Minimize water quality degradation and control erosion
and sedimentation of creeks, streams, ponds, and other water
bodies.
(4) Protect the public from stormwater runoff and erosion
originating on developing land.
(5) Minimize adverse effects of alteration groundwater
quantities, locations, and flow patterns.
(6) Ensure the orderly growth of.a storm drainage system for
the City of Port Orchard.
(7) Identify the rates, fees, and charges necessary for the
financial support of the storm drainage utility.
SECTION 3. A new section of Chapter 13.06 of the Port Orchard Municipal Code is added,
as follows:
13.06.020 Storm drainage utility established.
The City of Port Orchard hereby creates and establishes pursuant to
Chapters 35.23 and 35.67 RCW, and Article 11, Section 11 of the
Washington State Constitution, a storm drainage utility to provide for
the operation and control of storm drainage and surface water
management within the city and hereby exercises jurisdiction and
control thereof.
SECTION 4. A new section of Chapter 13.06 of the Port Orchard Municipal Code is added,
as follows:
13.06.030 Powers and authority.
The city hereby elects to exercise all lawful powers and authority for
the planning, design, construction, maintenance, administration,
operation, acquisition, and condemnation of property rights and
Ordinance No. 036-08
Page 3 of
regulation of storm drainage and surface: water runoff systems
including, without limitation, all lawful powers to fix, alter, regulate,
and control the charges and conditions of the use thereof.
SECTION 5. A new section of Chapter 13.06 of the Port Orchard Municipal Code is
added, as follows:
13.06.040 Utility to be administered by director of public
works.
The storm drainage utility shall be administered by the director of
public works or other official designated by the Mayor.
SECTION 6. A new section of Chapter 13.06 of the Port Orchard Municipal Code is added,
as follows.
13.06.050 Storm drainage utility fund.
There is hereby designated a storm drainage utility fund into which
all revenues, charges, grants, taxes, and money from other sources
shall be deposited and from which all expenditures related to the
city's storm drainage and surface water management system shall be
paid. This fund shall be kept in the manner prescribed by state law as
to accounting and reporting procedures and requirements.
SECTION 7. 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 8. 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.
Ordinance No. 036-08
Page 4 of 4
PASSED by the City Council of the City of Port Orchard, APPROVED by the Mayor and
attested by the Cierk in authentication of such passa
ATT T:
Patricia J. Kirkpat is , City Berk
APPROVED AS TO FORM:
4�6A-j�
a
City Attorney
Sponsored by;
Robert Putaansuu, Councilman
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 October 14, 2008.
ORDINANCE NO. 036-08
AN ORDINANCE OF THE CITY OF PORT ORCHARD,
WASHINGTON, ESTABLISHING A STORM DRAINAGE UTILITY
AND CREATING A NEW CHAPTER 13.06 OF THE PORT ORCHARD
MUNICIPAL CODE
Copies of Ordinance No. 036-08 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. 036-08 will be
provided at a nominal charge.
City of Port Orchard
Patti Kirkpatrick
City Clerk
Publish: Port Orchard Independent
October 18, 2008