Chapter 13.30
STORM WATER
MANAGEMENT UTILITY
Sections:
13.30.020 Creation of storm water management utility.
13.30.030 Administrator of utility.
13.30.040 Storm water management utility fund.
13.30.050 Authority to establish rates and charges.
13.30.060 Limitation of liability.
13.30.010 Definitions.
The following words when used in this chapter shall have the following meanings, unless the context clearly indicates otherwise:
A. The “utility” shall mean the town of Friday Harbor, Washington storm water management utility, a utility which operates and maintains the storm or surface water drains, channels and facilities, outfalls for storm drainage and the rights and interests in property relating to the system. The boundaries of the utility shall be the boundaries of the town. (Ord. 913 § 1, 1993)
13.30.020 Creation of storm water management utility.
There is created and established a storm and surface water utility which shall be known as the “town of Friday Harbor, Washington, storm water management utility” (the “utility”), for the purposes set forth in subsection B of this section.
B. The town shall exercise, through the utility where possible, all the lawful powers necessary and appropriate to the construction, condemnation and purchase, acquisition, addition to, maintenance, conduct and operation, management, regulation and control of the storm and surface water within the boundaries of the town, as necessary to protect the health, safety, and welfare of the citizens of the town; including, without limitation, all the lawful powers to fix, alter, regulate and control the rates, charges and conditions for the use thereof, to purchase and condemn property on behalf of the utility, to regulate actions taken with respect to public and private property which affect the flow of storm and surface water and the use of drainage facilities, and to adopt, alter, and amend a plan adopted as necessary to implement the policies of the town pertaining to storm and surface water drainage.
C. It is not the purpose of this chapter to create a duty of the town or its utility to insure or protect individual persons or property against water drainage. (Ord. 913 § 2, 1993)
13.30.030 Administrator of utility.
The town administrator or the official designated by the mayor shall be administrator of the utility and shall report directly to the mayor. (Ord. 913 § 3, 1993)
13.30.040 Storm water management utility fund.
A. There is created a fund which shall be known as the “storm water management utility fund.” All revenues, assessments, and other charges collected by the utility, or otherwise received for drainage purposes or attributable to the 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 storm water management utility fund. All disbursements for costs of data collection, planning, designing, constructing, acquiring, maintaining, operating, and improving the drainage utility facilities, whether such facilities are natural, constructed or both, and administering the utility shall be made from the storm water management utility fund.
B. The town may create, at such time or times as it deems appropriate, any other funds necessary to the administration of the storm water management utility and may designate the revenues to be placed therein and the purpose or purposes of such funds which may be the same as one, some or all of the purposes designated in this section as the purposes of the storm water management utility fund created in this chapter and such purposes shall then be transferred to such newly created fund. (Ord. 913 § 4, 1993)
13.30.050 Authority to establish rates and charges.
The town shall establish by ordinance rate classifications, service charges, connection charges, inspection, and permitting fees, application, and connection fees and such other fees and charges necessary and sufficient in the opinion of the town council to pay for the following:
A. The costs associated with the development and adoption of a storm water management plan;
B. The costs, including debt service and related financing expenses, for the construction, and reconstruction of storm drainage facilities necessary and required for the handling of storm and surface waters within the service area, but not presently in existence;
C. The operation, repair, maintenance, improvement, replacement and reconstruction of storm drainage facilities within the service area which presently exist;
D. The purchase of a fee or lesser interest, including easements, 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;
E. 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 town’s storm and surface water policies; and
F. The construction and subsequent maintenance of those future facilities as required by the Utility.
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 town, except to pay for the equitable share of the costs of accounting, management and government thereof incurred on behalf of the utility. (Ord. 913 § 5, 1993)
13.30.060 Limitation of liability.
This chapter, any drainage code to be adopted by the town 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 within Friday Harbor as necessary to protect the health, safety, and welfare of the citizens and of the town. Such reasonable standards shall be recommended by the administrator and approved by the town council. No town liability shall be inferred, implied, or interpreted by the adoption and application of this chapter for damages to individual persons or properties which result from existing conditions or which occur subsequent to the date of this chapter.
There shall be no liability associated with the utility’s approval of any privately constructed portion of the storm and surface water system and/or privately maintained portion of the storm and surface water system unless the town accepts the same as part of its publicly owned and/or maintained system and is negligent in its administration of such a system. (Ord. 913 § 6, 1993)