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HomeMy WebLinkAbout11/15/2011 18 Storm Drainage and Surface Water Management Utility Funding for 2012 • BUSINESS OF THE CITY COUNCIL YAKIMA, WASHINGTON AGENDA STATEMENT Item No. 41 ' 1 g For Meeting of: November 15, 2011 ITEM TITLE: Request for Council action to maintain the current annual rate of forty -three dollars ($43) per equivalent residential unit (ERU) to fund the Storm Drainage and Surface Water Management Utility as established in 2011, to be extended for 2012. SUBMITTED BY: Don Cooper; City Manager Michael Morales, Assistant City Manager Scott Schafer, Wastewater Division Manager CONTACT PERSON/TELEPHONE: Randy Meloy, P.E., Surface Water Engineer 509/576 -6606 SUMMARY EXPLANATION: This action would amend the Storm Drainage and Surface Water Management Utility (Stormwater) Ordinance by extending the current annual base rate for a single ERU at forty - three dollars ($43) for 2012. • Rates were developed to adequately fund activities necessary to meet the following objectives as identified by City Council: meet minimum requirements of the NPDES permit; meet minimum requirements of the UIC regulations; address through safety rehabilitation minor expansion and immediate safety needs such as flooding and hazardous conditions; and repay Wastewater Utility and Street Fund for previous expenditures. Due to the unknown compliance activity requirements of the delayed Stormwater permit from the Department of Ecology, it is the desire of the City to maintain the current annual rate of $43 per ERU as established for 2011, to be extended for 2012. Resolution Ordinances XX Other (Specify) Contract Mail to (name and address): Phone Funding Source: Stormwater Fuus 441 APPROVED FOR SUBMITTAL: ///��;,,�� 1/4___ City Manager STAFF RECOMMENDATION: Staff respectfully requests the City Council to enact the amended Stormwater Utility Ordinance as enclosed. BOARD /COMMISSION RECOMMENDATION: COUNCIL ACTION: • • • ORDINANCE NO. 2011- AN ORDINANCE relating to the stormwater fees for the Storm Drainage and Surface Water Management Utility; amending the annual base rate of the stormwater fee; and amending Sections 7.80.110 of the City of Yakima Municipal Code to reflect said fee. WHEREAS, the City Council has previously established a Storm Drainage and Surface Water Management Utility through the enactment of Chapter 7.80 of the Yakima Municipal Code ( "YMC "); and WHEREAS, the City, the County of Yakima, the City of Union Gap, and the City of Sunnyside are pursuing a cooperative approach to regional stormwater drainage and surface water management policies in order to meet state and federal stormwater requirements; and WHEREAS, the compliance activity requirements of the delayed Stormwater permit from the Department of Ecology are unknown at this time and determine the needed base rate to conduct such activity; and WHEREAS, the City finds it necessary to extend the current annual base rate established for 2011 for stormwater charges to be extended for 2012; and WHEREAS, the City Council finds and determines that it is necessary and advisable to • amend the annual base rate for stormwater charges for the fiscal year of 2012 in order to provide adequate revenues to cover all costs allowable under applicable law that are incurred by the utility for stormwater management; and WHEREAS, the City Council finds and determines that adoption of this ordinance is in the public interest; Now, Therefore, BE IT ORDAINED BY THE CITY OF YAKIMA: Section 1. Section 7.80.110 of Chapter 7.80 of the City of Yakima Municipal Code is hereby amended to read as follows: 7.80.110 Base Rate The base rate shall be calculated to provide adequate revenues to cover all costs allowable under applicable law that are incurred by the utility. The City Council adopts the annual base rate as forty -three dollars ($43.00) for 2012. In years thereafter, the ongoing revenue requirements for the stormwater utility shall be reviewed and the annual base rates shall be adjusted or maintained as needed. The frequency of adjustments to base rates thereafter shall be as required to ensure fair and full funding of the program. Section 2. If any section, subsection, paragraph, sentence, clause or phrase of this ordinance is declared invalid or unconstitutional for any reason, such decision shall not affect the validity of the remaining portions of this ordinance. Section 3. This ordinance shall be in full force and effect 3 . 30 days after its passage, 1 approval, and publication as provided by law and by the City Charter. • PASSED BY THE CITY COUNCIL at a regular meeting and signed and approved this 15 day of November, 2011. ATTEST: Micah Cawley, Mayor Deborah Kloster, City Clerk Publication Date: Effective Date: 2