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11/20/2012 11 2013 and 2014 Stormwater Fees; YMC Amendment 7.80.110 BUSINESS OF THE CITY COUNCIL YAKIMA, WASHINGTON AGENDA STATEMENT t � Item No. For Meeting of: November 20, 2012 ITEM TITLE: Ordinance setting the Stormwater Rates for 2013 and 2014 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. SUBMITTED BY: Tony O'Rourke, City Manager Joan Davenport, Interim Community and Economic Development Director Scott Schafer, Wastewater Division Manager CONTACT Randy Meloy, P.E, Surface Water Engineer 509/576 -6606 PERSON /TELEPHONE: SUMMARY EXPLANATION: This action would amend the Storm Drainage and Surface Water Management Utility (Stormwater) Ordinance by maintaining the current annual base rate for a single ERU at forty -three dollars ($43) for 2013 and 2014. 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. A new stormwater permit from the Department of Ecology has already been issued. However, it will not become effective until August 1, 2014. As such, the City will be responsible in conducting the current compliance activities over the next two years to remain in compliance with its existing stormwater permit. It is therefore the desire of the City to maintain the current annual rate of $43 per ERU for 2013 and 2014. Resolution Ordinance X Other (specify) Contract: Mail to: Contract Term: Amount: Expiration Date: Insurance Required? No Funding Stormwater Fund 441 Phone: Source: APPROVED FOR SUBMITTAL: City Manager STAFF RECOMMENDATION: Staff respectfully requests the City Council to enact the amended Stormwater Utility Ordinance as enclosed. BOARD /COMMISSION RECOMMENDATION: ATTACHMENTS: Click to download ❑ Ordinance SW Rates 2013 -2014 Track Change Copy ❑ Ordinance SW Rates 2013 -2014 Clean Copy ORDINANCE NO. 2012 - AN ORDINANCE relating to the stormwater fees for the Storm Drainage and Surface Water Management Utility; setting the annual base rate of the stormwater fee for 2013 and 2014; and amending Sections 7.80.110 of the City of Yakima Municipal Code to reflect said fee. 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. 2013 and 2014. 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 30 days after its passage, 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 20 day of November, 2012. ATTEST: Micah Cawley, Mayor Sonya Claar -Tee, City Clerk Publication Date. Effective Date: 1 ORDINANCE NO. 2012 - AN ORDINANCE relating to the stormwater fees for the Storm Drainage and Surface Water Management Utility; setting the annual base rate of the stormwater fee for 2013 and 2014; and amending Sections 7.80.110 of the City of Yakima Municipal Code to reflect said fee. 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 2013 and 2014. 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 30 days after its passage, 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 20` day of November, 2012. ATTEST Micah Cawley, Mayor Sonya Claar -Tee, City Clerk Publication Date: Effective Date. 1