Ordinance 26700006.170.045
WSS:imm
02/23/88
R:03/12/88
ORDINANCE NO. 2670
AN ORDINANCE OF THE CITY OF EDMONDS, WASHINGTON,
RLLATING TO STORM AND SURFACE WATER, AMENDING
THE EDMONDS CITY CODE BY ADDING A NEW CHAPTER
7.50 ESTABLISHING A STORMWATER MANAGEMENT
UTILITY, COMBINING THE STORMWATER MANAGEMENT
UTILITY WITH THE COMBINED WATER AND SEWER
UTILITY OF THE CITY, AND FIXING A TIME WHEN THE
SAME SHALL BE EFFECTIVE.
WHEREAS, in the past the City of - 3monds has performed
storm r'-ainage _.,d surface water management- functions as a part
of the operation of its sewer utility and has financed those
storm dra nage and surface water functions and various storm
drainage and surface water facilities through a combination of
dedications from developers of property served by the City's
sewer utility contributions from other funds of the City,
including the City's general fund, and contributions of revenue
from the sewer utility of the City; and
WHEREAS, the Edmonds City Council finds that an
expanding population and increased development of land has and
will continue to increase demands on the City's present storm
drainage facilities; that the present storm drainage facilities
are inadequate to meet these increased demands; that stormwater
runoff has caused significant damage to parts of the City; that
flood water during a major storm carries a higher concentration
of pollutants which may contaminate the City's water supply; that
uncontrollo? water runoff on streets and highways poses a safety
hazard to both lives and property; that increased runoff has led
WSS504750 - 1 -
1
to erosion and sediientation of previously stable streams; and
WHEREAS, the City Council has determined that storm
drainage and surfo^_e water runoff must oe controlled in a manner
that minimizes property damage and soil erosion, and protects the
public health, safety, and welfare; that the current level of
funding for storm drainage and surface water control is not
adequate to meet current and future net is to protect public and
private pr-perty from storm and surface water damage; that all
real property within the City's boundaries, both present and
future, contributes runoff to the City's storm and surface water
drainage system; and that all property benefits from the storm
and surface water management efforts of the City and should
contribute financiall- 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 City Council now desires to create a
separate storm drainage and surface water utility for formal
purposes; and
WHEREAS, a stormwater management consultant retained by
the City, st-f` of the Cif, s ?ublic Works Division. a citizens
advisory group, and the City's bond counsel have made
presentations and/or reports to the City Council; that after
review of the various presentations and reports, the City Coui..:il
finds that storm and surface water should be managed, regulated,
and contrclled under unified management of a storm and surface
water utility; and
WSS50475O - 2 -
WHEREAq, the City Council desires to merge the storm
drainage and surface water utility with the combined water supply
and distribution system and sanitary sewage disposal system of
the City for purposes of operation but to maintain the storm
drainage and surface water utility as a separate utility for
purposes of utility accounting and rate accountability; NOW,
THEREFORE,
THE CITY COUNCIL OF THE CITY OF EDMONDS, WASHINGTON,
ORDAINS AS FOLLOWS:
Section 1. A new Chapter 7.50 entitled Stormwater
Management Utility is hereby added to the Edmonds City Code to
read as follows:
Chapter 7.50
STORMWATER MANAGEMENT UTILITY
7.50.010 Stormwater Management Utility Created -
Responsibilities. There is hereby created and
established, pursuant to RCW Chapters 35A.80 and
35.67, a storm and surface water utility to be
known as the "Edmonds Stormwater Management
Utility." All references to "the Utility" in this
Chapter refer to the Edmonds Stormwater Management
Utility. The Utility will have primary authority
and responsibility for carrying out the City's
comprehensive drainage and storm sewLr plan,
including responsibilities for planning, design,
-onstruction, maintenance, administration, and
operation of all City storm and surface water
facilities, as well as establishing standards for
design, construction, and maintenance of
imprr,vements on private property where these may
affect storm and surface water management.
7.50.020 Administrator of Utility. The Director
of Community Services shall be ex officio
administrator of the Utility.
7.50.030. Svstem or Plan of Stormwater Management
Utility. There is hereby specified and adopted the
original system or plan of the Stormwater
Management Utility, which shall include all
properties, interests, and physical and intangible
rights of ever} nature owned or held by the City,
i
WSS504750 - 3 -
however acquired, insofar as they relate to or
concern storm or surface water sewage, 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 or surface waters, or both, through,
under, or over lands, watercourses, sloughs,
streams, ponds, lakes, and swamps, all beginning in
each instance at a point where storm or surface
waters first enter the storm and surface water
system of the City and ending in each instance at a
point where the storm or-arface waters exit from
*he storm and surface water system of the City, and
in width to the full extent of inundation caused by
storm or flood conditions.
7.50.040 Transfer of Property to Stormwater
Management Utility. The City Council expressly
finds the value of the above -described original
system or plan of storm drainage and surface water
facilities, together with funds currently held in
the Water and Sewer Fund in the amount of $690,000,
is equal to the value of release from primary
responsibility therefore insofar as it relates to
or concerns storm or surface waters within the
City. Accordingly, all of the C*tv's above -
mentioned racilities, including the rights and
interests as a part thereof as they relate to or
concern storm or surface waters, and the funds in
the amount of $690,000 are, for purposes of RCW
43.09.210, hereby transferred to and subject to the
administration of the City'-. Stormwater Management
Utility created by this Chapter, and all other
institutions and departments of the City having
primary responsibility therefore within the City
are, to the same extent, released from such
primary responsibility. Inasmuch as the City now
owns all of those facilities, including the rights
and interests as a part thereof and the original
system or plan set forth in Edmonds City Code
7.50.030, there is no estimated cost thereof.
7.50.050 Rates and Charges. The administrator of
the Utility shall formulate and propose to the City
Council for adoption by ordinance a system of rates
and charges for services of the Utility. To the
extent required by RCW 35.67.190, RCW 35.92.010 and
other applicable law, rates charged shall be
uniform for the same class of customers or
service. In classifying customers served by the
Utility, any or all of the followi.ig factors shall
be considered:
WSS50475O - 4 -
The difference in cost of service to the
various customers; the location of the
various customers within and without the
City; the intensity of development of the
property; the types of surfaces on the
property; the difference in cost of
maintenance, operation, repair, and
replacement of the various parts of the
system; the different character of the
service furnished various customers; the
quantity and quality of the surface and
storm water generated; capital
contributions made to the system,
including, but not limited to,
assessments; and any other matters which
present a reasonable difference as a
ground for distinction.
Section 2. A new Chapter 7.60, entitled COMBINED
UTILITY, is hereby added to the Edmonds City Code to read as
follows:
Chapter 7.60
COMBINED UTILITY
7.60.010 Combination of Combined Water and
Sewer Utility and Stormwater Management
Utility. The City is maintaining and
operating C, combined water supply and
distribution system and sanitiry sewage
disposal system and, by Chapter 7.50 of the
Edmons City Code, has created a stormwater
management utility. Pursuant to the
pro-isions of RCW 35.67.331, the present
combined water and sewage utility, and the
stormwater management utility, together with
all additions, extensions and betterments
thereof at any time made, are hereby combined
into a single utility, provided that the
accounting procedure for each system shall be
kept separate as required by RCW 35.37.010.
The combined water, sewage and stormwater
management utility of the City, together with
all additions, extensions and betterments
thereof at any time made, shall hereinafter be
called the "k umbined Utility."
7.60.020 Separate Rates; Accountability. The
Council declares its intent to establish rates
for the combined water and sewerage ut tity
and stormwater management utility. In order
WSS504750 - 5 -
to better account for the cost; of the
respective components of the Combined Utility,
the Administrative Services Director is
directed to maintain such separate funds and
accounting structures as may be necessary to
discretely account for the costs, expenses and
revenues of each component utility. When the
staff makes recommendations for the
establishment, increas. or decrease in any
rate, it is directed to prr)vide supporting
data which separately reflects such costs,
expenses and revenues for each component
utility.
Section 3. The initial responsibilities of the Utility
shall include the development of a City's Comprehensive Drainage
and Stormwater PI-n. Such plan, o- individual componer— of such
a plan relating to individual drainage districts, shall be
formulated and proposed for adoption by the City Council. Such
proposed components and the plan as a whole shall take into
account the findings and recommendations contained in the report
of the citizen's advisory committee on storm drainage, and
dditional committee reports as they are received and approved by
the Council.
Section 4. If any section, sentence, clause or phrase
of this ordinance should be held to be invalid :)r unconsti-
tutional by a court of competent jurisdiction, such invalidity or
unconstitutionality shall not atfect the validity or constitu-
tionality of any other section, -sentence, clause or phrase of
this ordinance.
WSS504750 - 6 -
Section 5. This ordinance, being an exercise of a power
specifically delegated to the City legislative body, is not
subject to referendum, and shall take effect five (5) days after
passage and publication of tht ordinance which is hereby
approved.
ATTEST/AUTHENTICATED:
/C-I1Y CLERK, JACQUELINF G. PARRETT
APPROVED AS TO FORM:
OFFICE OF THE CI:v ATTORNEY:
BY:
FILED WITH THE CITY CLERK: April 12, 1988
PASSED BY THE CITY COUNCIL: Mav 3, 1988
PUBLISHED: "lay 8, 1988
EFFECTIVE DATE: May 13, 1, 83b
OPDINANCE NO. 2670
WSS50475O - 7 -