Chapter 20.20
SURFACE WATER DRAINAGE SYSTEM
Sections:
20.20.020 Utility established.
20.20.030 Transfer of property.
20.20.045 City not liable for private damage.
20.20.050 Authority for service charges.
20.20.060 Authority for charges for connection to the surface water drainage system.
20.20.070 Establishment of surface water utility fund.
20.20.080 Adoption of regulations.
20.20.010 Definitions.
“Drainage area” shall mean the watershed (acreage) contributing surface water runoff to the city’s storm drainage system.
“Receiving water” shall mean those creeks, streams, rivers, lakes and other bodies of water into which surface waters are directed, either naturally or in manmade ditches or open systems.
“Surface water drainage system” shall include all natural and manmade elements used to convey storm water from the first point of impact with the surface of the earth to a suitable receiving water external to the boundaries of the city. (Ord. 1045 § 1, 1993).
20.20.020 Utility established.
There is created and established in the city a surface water drainage utility in accordance with state law (Chapter 35.67 RCW). (Ord. 1045 § 2, 1993).
20.20.030 Transfer of property.
All property interests in all of the elements of the surface water drainage system owned by the city are transferred from whichever city departments currently hold title or interest in said facilities to the city’s surface water drainage utility. Since these publicly owned facilities are already the property of the city, no costs or fund transfers are necessitated. (Ord. 1045 § 3, 1993).
20.20.040 Duties and powers.
The surface water drainage utility shall have all powers necessary for the exercise of its responsibility for the drainage from all properties within the city including, but not limited to the following:
(a) Preparation of plans for improvements and betterments to the surface water drainage system;
(b) Construction of improvements and betterments to the surface water drainage system;
(c) The promulgation of regulations for the use of the surface water drainage system including provisions for enforcement of said regulations;
(d) Review and approval of all new development permits within the city for compliance with storm water drainage system regulations;
(e) Performance of routine maintenance and minor improvement to the surface water drainage system;
(f) Establishment of charges for connection and use of the surface water drainage system;
(g) Establishment of water quality standards for discharges to the surface water drainage system;
(h) Performance of all normal utility functions to include construction, operation and maintenance of the city’s surface water drainage system including, but not limited to, the hiring of staff, the selection of special consultants, the entering into contracts for services and construction of facilities purchase, lease, sale or other rights to property for surface water drainage system purposes. (Ord. 1045 § 4, 1993).
20.20.045 City not liable for private damage.
The city shall not be liable for any damage to or which occurs on private property served with surface water drainage by the city, which results from defective or improper appliances, pipes, conduits, or other appurtenances and the fact that agents of the city may have connected or inspected the same at or subsequent to installation shall not operate to make the city liable for any such damage. (Ord. 1280 § 18, 2001).
20.20.050 Authority for service charges.
The surface water drainage utility is empowered by this chapter to establish charges for the use and discharge to the city’s surface water drainage system. Such charges shall be based on the cost of providing drainage service to all properties within the city and may be different for properties receiving different classes of service. The city council shall adopt a program of service charges for surface water drainage service by separate ordinance. (Ord. 1045 § 5, 1993).
20.20.060 Authority for charges for connection to the surface water drainage system.
The surface water drainage system utility shall be empowered to establish a system of connection charges for properties seeking to develop and discharge drainage water to the city’s surface water drainage system. Such connection charges shall be adopted by separate ordinance as either part of the service charge ordinance, referenced in FMC 20.20.050, or the city’s general development fee ordinance. The fees for connection to the city’s surface water drainage system shall be modified from time to time to reflect the true cost of service to new development. (Ord. 1045 § 6, 1993).
20.20.070 Establishment of surface water utility fund.
There is established a surface water utility fund into which all revenues from user fees, connection charges, grants, taxes or other funding sources shall be deposited and from which all expenditures related to the city’s surface water drainage system shall be paid. The fund shall be kept in the manner prescribed by state law as to accounting and reporting procedures.
No expenditures for activities not related to the city’s surface water utility shall be permitted from the fund except for a prorated charge for general city government services as is in effect for other city utility funds. (Ord. 1045 § 7, 1993).
20.20.080 Adoption of regulations.
The surface water utility shall be empowered to promulgate regulations as required to successfully implement the goals of the city with regard to the surface water drainage system, including provisions for water quality protection. Such regulations shall be adopted by separate ordinance. (Ord. 1045 § 8, 1993).