Chapter 13.16
STORM AND SURFACE WATER UTILITY
Sections:
13.16.030 Adoption of original system.
13.16.040 Transfer of city’s facilities and rights.
13.16.010 Findings of fact.
The city council finds and declares that absent effective regulation and control, existing storm and surface water drainage conditions within the city constitute a potential hazard to the lives and property of city inhabitants and to the city’s fresh waterways; that effective control of storm and surface water within the city, and financing thereof, requires reliance upon RCW Chapter 35.67 and Article 11 Section 11 of the State Constitution, and that to do so requires the formation by the city of a storm and surface water utility and the transfer to that utility of all storm and surface watercourses and related facilities and rights belonging to the city. (Ord. 576 § 1, 1995: Ord. 296 § 1, 1980)
13.16.020 Established.
There is created and established a storm and surface water utility of the city. The city elects to exercise all the lawful powers necessary and appropriate to the construction, condemnation and purchase, acquisition, addition to, maintenance, conduct and operation, management, regulation and control of, the storm and surface water public utility described in this chapter as the same may hereafter be added to, bettered or extended within or without the present and future limits of the city, including, without limitation, all the lawful powers to fix, alter, regulate and control the rates, charges and conditions for the use thereof. (Ord. 296 § 2, 1980)
13.16.030 Adoption of original system.
There is specified and adopted the original system or plan of the storm and surface water public utility described as set forth on the map attached as Exhibit A to the ordinance codified in this chapter, on file in the city clerk’s office and made a part of this chapter by this reference, and which shall include all properties, interest, physical and intangible rights of every kind or nature owned or held by the city, however acquired, insofar as they relate to or concern storm or surface water sewerage, further including without limitation, all such properties, interest and rights acquired by adverse possession or by prescription, directly or through another, in and to the drainage or storage, or both, of storm or surface waters, or both, through, under, or over lands, landforms, watercourses, sloughs, streams, ponds, lakes, and swamps, all beginning, in each case or instance at a point where storm or surface waters first enter the storm or surface water system of the city and ending in each case or instance at a point where such storm or surface waters exit from the storm or surface water system of the city, and in width to the full extent of inundation caused by the largest storm or flood condition. (Ord. 296 § 3, 1980)
13.16.040 Transfer of city’s facilities and rights.
The city council expressly finds the value of the original system or plan of the storm and surface water public utility, as described in Section 13.16.030, is equal to the value of release from primary responsibility therefor insofar as they relate to or concern storm or surface waters within the city. Accordingly, all of the city’s facilities and rights mentioned in Section 13.16.030, insofar as they relate to or concern storm or surface waters are, for purposes of RCW 43.09.210, transferred to and subject to the administration of the storm and surface water utility created by this chapter, and all other institutions and departments of the city having responsibility therefor within the city are, to the same extent, released from such primary responsibility. (Ord. 296 § 4, 1980)
13.16.050 Estimated cost.
Inasmuch as the city now owns all those facilities and rights and the original system or plan set forth in Section 13.16.030, there is no estimated cost thereof. (Ord. 296 § 5, 1980)
13.16.060 Administration.
The storm and surface water utility created by this chapter shall be administered in such a manner as the city council shall provide by ordinance to be passed forthwith. The failure to pass such an ordinance shall not affect the validity of this chapter or the formation of the storm and surface water utility created by this chapter. (Ord. 296 § 6, 1980)