Chapter 15.30
ESTABLISHING A STORM AND SURFACE WATER UTILITY

Sections:

15.30.010    Purpose.

15.30.020    Utility created—Responsibilities.

15.30.030    Property transferred to utility.

15.30.040    Utility administered by utilities department.

15.30.050    Storm and surface water utility fund established.

15.30.060    Citizen advisory board.

15.30.010 Purpose.

The city, consistent with Chapters 35.67, 35A.80, 90.03 and 90.54 RCW, finds and declares that absent effective maintenance, operation, regulation and control, existing storm and surface water drainage conditions in all drainage basins within the city constitute a potential hazard to the health, safety and general welfare of the city. The city further finds that natural and manmade stormwater facilities and conveyance together constitute a stormwater drainage system and that effective regulation and control of stormwater through formation, by the city, of a storm and surface water utility requires the transfer to the storm and surface water utility of all stormwater facilities and conveyances and related rights belonging to the city. (Ord. 2136 § 1 (part), 2004).

15.30.020 Utility created—Responsibilities.

There is hereby created and established pursuant to Chapters 35.67, 35A.80, 90.03 and 90.54 RCW, and Article 11, Section 11 of the Washington State Constitution, a storm and surface water utility. All references to “the utility” in this chapter refer to the storm and surface water utility. The utility will have authority and responsibility for planning, design, construction, maintenance, administration and operation of all city stormwater conveyances and facilities. (Ord. 2136 § 1 (part), 2004).

15.30.030 Property transferred to utility.

Title and all other incidents of ownership of the following assets are hereby transferred to and vested in the 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 storm and surface water, further including, without limitation, all properties, interests, and rights acquired by adverse possession or by prescription, directly or through another, in and to the drainage or storage, or both, of storm and surface waters, through, under or over lands, watercourses, sloughs, streams, ponds, lakes and swamps, all beginning in each instance at a point where storm and surface waters first enter the system of the city and ending in each instance at a point where the storm and surface waters exit from the system of the city. (Ord. 2136 § 1 (part), 2004).

15.30.040 Utility administered by utilities department.

The maintenance of the utility hereof within the city of Centralia shall be with the utilities department. The director of the utilities department shall be the administrative authority for providing storm and surface water management for the city of Centralia. (Ord. 2136 § 1 (part), 2004).

15.30.050 Storm and surface water utility fund established.

There is established a storm and surface water utility fund of the city of Centralia. All receipts for maintenance of the stormwater facility shall be deposited with the city finance department and become a part of the storm and surface water utility fund. The expenses of establishing, conducting, and operating the functions of stormwater facility shall be paid therefrom, and the city council may also provide for additional revenue to be paid into such fund from time to time from any available funds of the city, and warrants may be drawn on said fund. (Ord. 2136 § 1 (part), 2004).

15.30.060 Citizen advisory board.

A.    Creation. There is created a Centralia storm and surface water utility citizen advisory board, hereinafter referred to as “board,” to serve in an advisory capacity to the city council and the director of the utilities department, in matters enumerated in this chapter.

B.    Membership. The selection of board members will be made from individuals who have an interest in storm and surface water activities and in the community. The board will consist of seven members selected from council areas within the city, as evenly dispersed as possible.

C.    Appointment. Members of the board will be appointed by the mayor subject to confirmation by a majority vote of the city council.

D.    Meetings. The board will determine a regular meeting schedule, time, place and frequency as necessary.

E.    Quorum. Four members of the board will constitute a quorum for the transaction of business.

F.    Authority—Powers and Duties. The board will have only such powers and authority as may be granted to it by the city council. The board shall have no final authority over the adoption of policy or the administration of the storm and surface water utility. (Ord. 2136 § 1 (part), 2004).