Chapter 24.12
STORMWATER MANAGEMENT UTILITY
Sections:
24.12.030 Administrator of utility.
24.12.040 Stormwater management utility fund.
24.12.050 Authority to establish rates and charges.
24.12.060 Limitation of liability.
24.12.010 Creation.
A. Pursuant to Chapters 35A.80 and 35.67 RCW there is hereby created and established a storm and surface water utility which shall be known as the “city of Pacific stormwater management utility” (the “utility”), for the purposes set forth in PMC 24.12.020. The boundaries of the utility are the corporate limits of the city.
B. The city shall exercise, through the utility where possible, all lawful powers necessary and appropriate to construct, condemn and purchase, acquire, add to, maintain, conduct and operate systems to control storm and surface water within the boundaries of the city, as necessary to protect the health, safety, and welfare of the citizens of the city; including, without limitation, all lawful powers to fix, alter, regulate and control the rates, charges and conditions for the use thereof.
C. The utility will have primary authority and responsibility for carrying out the city’s comprehensive drainage and stormwater plan, including responsibility for planning, design, construction, maintenance, administration, and operation of all city storm and surface water facilities, as well as establishing standards for design, construction and maintenance of improvements on private property where these may affect storm and surface water management.
D. It is not the purpose of this chapter to create a duty of the city or its utility to insure or protect individual persons or property against water drainage. (Ord. 1440 § 1, 1999).
24.12.020 Purpose.
The city council finds that this chapter is necessary to promote sound development policies and construction procedures which respect and preserve the city’s watercourses; to minimize water quality degradation and control of sedimentation of creeks, streams, ponds, lakes, and other water bodies; to protect the life, health, and property of the general public; the preserve and enhance the suitability of waters for contact recreation and fish habitat; to preserve and enhance the aesthetic quality of the waters; to maintain and protect valuable ground water quantities, locations, and flow patterns; to insure the safety of city roads and rights-of-way; and to decrease drainage-related damages to public and private property. (Ord. 1440 § 2, 1999).
24.12.030 Administrator of utility.
The city administrator, or such other official designated by the mayor, shall be administrator of the utility and shall report directly to the mayor. (Ord. 1440 § 3, 1999).
24.12.040 Stormwater management utility fund.
There is hereby created a fund which shall be known as the “stormwater management utility fund.” All revenues, assessments, and other charges collected by the utility, or otherwise received for drainage purposes or attributable to the administration, operation and maintenance of the utility, and all loans to or grants or funds received for its construction, improvement and operation, shall be deposited in the stormwater management utility fund. All disbursements for costs related to the administration, operation and maintenance of the utility shall be made from the stormwater management utility fund. (Ord. 1440 § 4, 1999).
24.12.050 Authority to establish rates and charges.
In accordance with RCW 35.67.020, the city shall establish by ordinance rates and charges necessary and sufficient to carry out the purpose of the utility, including, but not limited to the following:
A. The costs associated with the development and adoption of a stormwater management plan;
B. The costs, including debt service and related financing expenses, operation, repair, maintenance, improvement, replacement and reconstruction of storm drainage facilities within the service area;
C. The purchase of a fee or lesser interest in land which may be necessary for the storm and surface water drainage system in the service area including, but not limited to, land necessary for the installation and construction of storm drainage facilities, and all other facilities, including retention and detention facilities, which are reasonably required for proper and adequate handling of storm waters within the service area;
D. The costs of monitoring, inspection, enforcement and administration of the utility including, but not limited to, water quality surveillance, private maintenance inspection, construction inspection and other activities which are reasonably required for the proper and adequate implementation of the city’s storm and surface water policies; and
E. The construction and maintenance of future facilities required by the utility.
To the extent required by law, the rates and charges shall be uniform for the same class of customers or services and facilities furnished.
The fees and charges to be paid and collected pursuant hereto shall not be used for general or other governmental or proprietary purposes of the city, except to pay for the equitable share of the costs of accounting, management and government thereof incurred on behalf of the utility. (Ord. 1440 § 5, 1999).
24.12.060 Limitation of liability.
This chapter, any drainage code to be adopted by the city council to implement this chapter, and any guidelines, rules, standards, specifications, requirements, regulations and procedures established pursuant to any section of such code are intended to provide the authority and processes to achieve cost-effective storm and surface water management in accordance with reasonable standards for such management in the city as necessary to protect the health, safety, and welfare of the citizens and of the city. No city liability shall be assumed, inferred, implied or interpreted by the adoption and application of this chapter. (Ord. 1440 § 6, 1999).