Chapter 5.50
STREET UTILITY CHARGES
Sections:
5.50.020 Creation of street – Utility – Authority.
5.50.030 Governing body and management of street utility.
5.50.040 Ownership of street facilities.
5.50.060 Credit against utility charges.
5.50.070 Billing and collection.
5.50.080 Use of street utility funds.
5.50.090 Use of other proceeds by street utility.
5.50.100 Violations – Penalties – Lien – Enforcement.
5.50.010 Definitions.
For the purposes of this chapter, the following definitions apply:
“City” shall mean the city of Richland, Washington, a municipal corporation.
“Full-time equivalent” refers to the calculation made to determine the number of employees, both part- and full-time, employed by a particular business. The sum of this calculation is stated in a manner that treats part-time employees, in the aggregate, as a whole or a fraction of a full-time employee. Thus, a business which employs one full-time employee and one half-time employee, employs the full-time equivalent of one and one-half employees.
“Permanent employee” refers to a person who is employed full- or part-time in a regular, nonseasonal position, for a period of at least six months during a calendar year.
“Qualification as low income senior citizen or low income disabled citizen” refers to a person who shows satisfactory proof that he or she:
A. Is 62 years of age or over; or
B. Is a citizen qualifying for special parking privileges under RCW 46.16.381(1)(a) through (f) or a blind citizen as defined in RCW 74.18.020(4), or developmentally disabled as defined in RCW 71A.10.020(2) or a mentally ill person as defined in RCW 71.05.020(1); and
C. Has a maximum annual income of not more than 125 percent of the poverty level established by the federal Office of Management and Budget; and
D. Is the sole occupant or the head of a household; and
E. Resides in a dwelling unit served directly by the city’s water utility; and
F. Is billed in his or her name by the city’s water utility.
All information presented in support of such application shall be verified by the applicant who shall provide such other data as deemed appropriate upon forms and in a manner determined by the finance director or designee.
“Utility” shall mean the city street utility, a utility authorized to own, maintain, operate and preserve all city streets and related facilities. [Ord. 1-93; Ord. 40-01; Ord. 2022-29 § 19; Ord. 2023-28 § 1].
5.50.020 Creation of street – Utility – Authority.
There is hereby created and established a street utility, a separate enterprise and facility. The utility is authorized to own, construct, maintain, operate and preserve all city streets as now exist and as may be added to in the future by the addition of other existing or construction of new streets. In addition to its authority over streets, the utility is authorized to own, construct, maintain, operate and preserve street lighting, traffic control devices, sidewalks, curbs, gutters, parking facilities and drainage facilities. [Ord. 1-93; Ord. 2023-28 § 1].
5.50.030 Governing body and management of street utility.
The city council shall be the governing body of the street utility. Management of the utility shall be provided by the city manager or his or her designee. [Ord. 1-93; Ord. 2023-28 § 1].
5.50.040 Ownership of street facilities.
Title and all other incidents of ownership of the following assets are hereby vested in the utility: all properties, interest and physical and intangible rights of every nature, owned or held by the city, however acquired, insofar as they relate to:
A. Streets and alleys;
B. Street lighting;
C. Traffic control devices;
D. Sidewalks;
E. Curbs;
F. Gutters;
G. Parking facilities; and
H. Drainage facilities. [Ord. 1-93; Ord. 2023-28 § 1].
5.50.050 System of charges.
There is hereby imposed a system of daily charges on businesses located within the boundaries of the city. The charges are necessary to assist in the funding of the construction, maintenance, operation and preservation of facilities under the jurisdiction of the street utility.
A. Businesses. Effective for utility bills generated on or after December 1, 2023, there shall be a daily charge of $0.0299 per day imposed on each business, measured according to the number of full-time equivalent permanent employees employed by that business, unless the business is exempt under subsection (B)(3) of this section.
B. Exempt Properties. The owners of the following properties are exempt from the charges imposed by this section:
1. Properties exempt from the property tax under RCW 84.36.010.
2. Properties exempt from the leasehold tax under Chapter 82.29A RCW.
3. Properties used for nonprofit or sectarian purposes, which if the property were owned by such organization would be exempt from the property tax under Chapter 84.36 RCW. [Ord. 40-01; Ord. 2023-28 § 1].
5.50.060 Credit against utility charges.
Any business required to pay a commuter or employer tax for transportation purposes under RCW 81.100.030 or 81.104.150 is granted a credit against the utility charges imposed by this chapter. The credit shall be for the full amount of the tax paid, but in no event for an amount more than the utility charge. [Ord. 1-93; Ord. 2023-28 § 1].
5.50.070 Billing and collection.
Street utility charges, as imposed by RMC 5.50.050, shall be computed on a daily basis. The amount billed shall be included as a separate charge listed on the city utility bill. The city finance director, or his or her designee, is hereby authorized to administer the billing and collection of street utility fees. In the event a property does not have utility service but is subject to charges imposed by this chapter, a new account shall be established and that property shall be billed separately for the street utility charges. The finance director is directed to compile a list of all businesses, as is necessary for determining utility charge liability under this chapter. The finance director is further directed to develop any rules and regulations which are consistent with this chapter and which are necessary for its proper administration. [Ord. 1-93; Ord. 40-93; Ord. 40-01; amended during 2011 recodification; Ord. 2022-29 § 20; Ord. 2023-28 § 1].
5.50.080 Use of street utility funds.
The proceeds from the charges imposed by RMC 5.50.050 shall be used for transportation purposes only including but not limited to: operation and preservation of streets and other transportation improvements; new construction, reconstruction, and expansion of city streets and other transportation improvements; development and implementation of public transportation and high-capacity transit improvements and programs; and planning, design, and acquisition of right-of-way and sites from such purposes. Use of the proceeds from street utility charges shall be consistent with the requirements of RCW 82.80.070. [Ord. 1-93; Ord. 2023-28 § 1].
5.50.090 Use of other proceeds by street utility.
The street utility may finance the construction, operation, maintenance, and preservation of streets and related facilities through local improvement districts and utility local improvement districts, or with the proceeds of general obligation or revenue bonds, or any combination thereof. In addition, the utility, through appropriation by the city council, may use funds from general taxation, money received for the federal, state, or other local governments and other funds made available to it. [Ord. 1-93; Ord. 40-93; Ord. 2023-28 § 1].
5.50.100 Violations – Penalties – Lien – Enforcement.
A. Civil. Any person who has violated any provision of this chapter shall have committed a civil infraction subject to a civil penalty as set forth in RMC 10.02.050(E).
Provided, if the same violator has been found to have committed an infraction violation for the same or similar conduct two separate times, with the violations occurring at the same location and involving the same or similar sections of the Richland Municipal Code or other similar codes, the third or subsequent violation shall constitute a misdemeanor, punishable as provided in RMC 1.30.010 for criminal offenses.
B. Lien. The charges imposed by RMC 5.50.050 are charges against the property and the use thereof. The charges become liens against the property which may be enforced in the same manner as sewerage liens are enforced under Chapter 35.67 RCW. [Ord. 1-93; Ord. 06-10 § 1.10; Ord. 2023-28 § 1].
5.50.110 Severability.
If any portion of this chapter as now or hereafter amended, or its application to any person or circumstances, is held invalid or unconstitutional, such adjudication shall not affect the validity of the chapter as a whole, or any section, provision or part thereof not adjudged to be invalid or unconstitutional and its application to other persons or circumstances shall not be affected. [Ord. 1-93; Ord. 2023-28 § 1].
5.50.120 Expiration.
This chapter shall expire of its own volition upon the retirement of any bonds used to finance the street utility. [Ord. 1-93; Ord. 2023-28 § 1].