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1 ORDINANCE NO. 4 1 9 3
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AN ORDINANCE OF THE CITY OF AUBURN, WASHINGTON, ESTABLISHING A STORM DRAINAGE
3 UTILITY AND THE AUTHORITY TO ESTABLISH RATES AND CHARGES FOR SUCH UTILITY.
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WHEREAS, the City of Auburn maintains a system of storm drain lines,
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ditches, and structures within the City of Auburn for the purpose of removing
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7 storm and surface water from the streets, highways, private and public proper-
ties within the City of Auburn; and
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WHEREAS, the Auburn City Council finds that an expanding population and
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increased development of land has led to an existing storm drainage system that
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is inadequate to properly handle surface runoff from major storms because of
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12 age, size, and deterioration; and
13 WHEREAS, the Auburn City Council finds that an increased degradation of
14 water quality has occurred within the City of Auburn due to the discharge of
15 nutrients, metals, oil and grease, toxic materials, and other detrimental
16 substances into and through the storm and surface water system; and
17 WHEREAS, the Auburn City Council finds that there is an increased threat of
18 costly litigation as a result of damage caused by an unsatisfactory storm
19 drainage system; and
20 WHEREAS, the City of Auburn lacks an existing Comprehensive Storm and
21 Surface Water Plan; and
22 WHEREAS, the City of Auburn lacks sufficient funds to establish a Water
23 Quality Program, to conduct an ongoing Storm Drainage System Maintenance
24 Program, to provide for a Comprehensive Storm Drainage Plan, and to institute a
25 major Capital Improvement Program for the Storm and Surface Water System; and
26 WHEREAS, the Auburn City Council finds that continuation of present storm
27 drainage planning and practices, to the extent that they exist, will further
28 lead to increased erosion, property damage, deteriorating water quality, and
29 endanger the health and safety of the inhabitants of the City.
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32 Ordinance No. 4193
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AM-` y
1 NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF AUBURN, WASHINGTON, DO
2 ORDAIN AS FOLLOWS:
3 Section 1. DEFINITIONS. The following words when used herein shall have
4 the following meanings unless the context clearly indicates otherwise:
5 a. The "City" shall mean the City of Auburn, Washington, a municipal cor-
poration created and existing under the laws of the State of Washington.
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b. The "Utility" shall mean the City of Auburn, Washington, Storm Drainage
7 Utility created by this ordinance.
8 Section 2. ESTABLISH STORM DRAINAGE UTILITY. The City Council hereby
9 creates and establishes for and on behalf of the citizens of the City of Auburn
10 Storm Drainage Utility, as part of the Sanitary Sewer Utility, in accordance
11 with and subject to the laws of the State of Washington including the establish-
12 ment of rates and charges therefor. The City Council further establishes that
13 the Storm Drainage Utility boundaries shall coincide with the legally
14 established boundaries of the City of Auburn's corporate limits.
15 Section 3. DEFINITION OF STORM DRAINAGE SYSTEM. The City Council
16 declares that the "storm drainage system" shall be defined as follows:
17 Natural and man-made storm drainage facilties used for the conveyance
18 and/or storage of storm and surface water within the boundaries established in
19 Section 1 of this ordinance including, without limitation, all such proper-
20 ties, interests and rights acquired by adverse possession or by prescription.
21 The definition also includes the conveyance or storage, of storm and surface
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waters that flow through, under, or over lands, land forms, water courses,
23 sloughs, streams, ponds, rivers, lakes, and swamps, beginning at a point where
24 storm or surface waters enter the City system and ending at a point where such
25 storm or surface waters exit from the City's storm and surface water system,
26 and in width to the full extent of inundation caused by storm or flood con-
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27 ditions.
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32 Ordinance No. 4193
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1 Section 4. TRANSFER OF STORM DRAINAGE SYSTEM. The City Council expressly
2 finds that the value of the existing public storm drainge system, as defined in
3 Section 3 of this ordinance, is equal to the value of release from primary
4 responsibility of the Street Department, insofar as they relate to or concern
5 storm or surface waters, and they are hereby transferred to and subject to the
6 administration of the Utility created by this ordinance, and, therefore, the
7 Street Department is released from such primary responsibility.
8 Section 5. UTILITY ADMINISTRATION AUTHORITY. The City's Storm Drainage
9 Utility herein created shall be administered by the City Public Works Department
10 in such a manner as the City Council shall provide.
11 Section 6. AUTHORITY TO ESTABLISH RATES AND CHARGES. The City shall
12 establish by ordinance, rate classifications, service charges, inspection and
13 permit fees, application and connection fees, and such other fees and charges
14 necessary and sufficient in the opinion of the City Council to pay for the
15 following:
16 a. The costs associated with the development and adoption of a
17 Comprehensive Storm Drainage Utility Master Plan;
18 b. The costs, including debt service and related financing expenses, of
the construction and re-construction of storm drainage facilities
19 necessary and required for the handling of storm and surface waters
that benefit the service area but not presently in existence;
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c. The operation, repair, maintenance, improvement, replacement and re-
21 construction of storm drainage facilities that benefit the service
area which presently exist;
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d. The purchase of a fee or lesser interest, including easements, in land
23 which may be necessary for the storm drainage system in the service
area including, but not limited to, land necessary for the installa-
24 tion and construction of storm drainage facilities and all other faci-
lities, including retention and-Aetention facilities, which are
25 reasonably required for proper and adequate handling of storm waters
for the benefit of the service area;
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e. The costs of monitoring, inspection, enforcement, and administration
27 of the. Utility including, but not limited to, water quality sur-
veillance, private maintenance inspection, construction inspection,
' 28 and other activities which are reasonably required for the proper and
adequate implementation of the City's storm and surface water
29 policies;
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Ordinance No. 4193
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1 The fees and charges to be paid and collected pursuant hereto shall not be
2 used for general or other governmental or proprietary purposes of the City
3 except to pay for the equitable share of the costs of accounting, management,
4 and government thereof incurred on behalf of the Utility.
5 Section 7. ESTABLISH UTILITY FUND. The City Council hereby creates and
6 establishes a special fund to be known and designated as the Storm Drainage
7 Utility Fund No. All utility service charges collected shall be deposited
8 in this fund for the purpose of paying all or any part of the cost and expense
9 for planning, administering, constructing, acquiring, maintaining, operating,
10 and improving utility facilities. Monies in this fund shall be assigned to a
11 specific account within the Utility as designated by the City Council. The
12 Department of Finance shall maintain a separate record of accounts showing the
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receipts and disbursements of each and every account assigned to this fund.
14 Section 8. STORM DRAINAGE UTILITY SYSTEM RESPONSIBILITY. The respon-
1 5 sibility for the maintenance and operation of the Storm Drainage Utility System
16 shall be by the Public Works Operations Manager, in such a manner as the City
17 Council shall provide.
18 Section 9. CODIFICATION. There is hereby established a new chapter in
19 the Auburn Codified City Ordinances to be codified therein as the "Storm
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Drainage Utility."
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Section 10. If any portion of this ordinance, as now or hereafter amended,
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or its application to any person or circumstances is held invalid or unconstitu-
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tional, such adjudication shall not affect the validity of the ordinance as a
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whole, or any section, provision, or part thereof not adjudicated to be invalid
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or unconstitutional and its application to other persons or circumstances shall
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not be affected.
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Section 11. The Mayor is hereby authorized to implement such administra-
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tive procedures as may be necessary to carry out the directions of this
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legislation.
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Ordinance No. 4193
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1 Section 12. This ordinance shall take effect and be in force January 1,
2 1987, after its passage, approval and publication, as provided by law.
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INTRODUCED: DECEMBER 15, 1986
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5 PASSED: DECEMBER 15, 1986
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7 APPROVED: DECEMBER 15, 1986
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10 M A Y O R
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12 ATTEST:
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14 City C erk
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17 PROVED A TO FORM:
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19 Acting City Attorney
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23 PUBLISHED: DECEMBER 21, 1986
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Ordinance No. 4193
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