Chapter 13.66
STORM WATER UTILITY—CREATION AND PURPOSE
Sections:
13.66.020 Creation of storm drainage utility.
13.66.030 Administrator of utility.
13.66.040 Storm drainage utility fund.
13.66.050 Authority to establish rates and charges.
13.66.060 Limitation of liability.
13.66.010 Definitions.
The following words when used in this chapter shall have the following meanings, unless the context clearly indicates otherwise:
A. “Utility” shall mean the Sumas storm water 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. (Ord. 1421 § 1 (part), 2005)
13.66.020 Creation of storm drainage utility.
A. There is created and established a storm and surface water utility which shall be known as the “Sumas storm water utility” (the “utility”) for the purposes as set forth herein.
B. The city 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 city, as necessary to protect the health, safety and welfare of the citizens of the city; 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, as necessary, to implement the policies of the city pertaining to storm and surface water drainage.
C. It is not the purpose of this chapter to create a duty on the part of the city or its utility to insure or protect individual persons or property against water drainage. (Ord. 1421 § 1 (part), 2005)
13.66.030 Administrator of utility.
The utility superintendent or such other official designated by the mayor shall be the administrator of the utility. (Ord. 1421 § 1 (part), 2005)
13.66.040 Storm drainage utility fund.
A. There is created a fund which shall be known as the “storm water 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 utility fund. All disbursements for costs of data collection, planning, designing, constructing, acquiring, maintaining, operating, and improving the storm water utility facilities, whether such facilities are natural, constructed, or both, and administering the utility shall be made from the storm water utility fund.
B. The city may create, at such time or times as it deems appropriate, any other funds necessary to the administration of the storm water 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 utility fund created in this chapter, and such purposes shall then be transferred to such newly created fund. (Ord. 1421 § 1 (part), 2005)
13.66.050 Authority to establish rates and charges.
The city shall establish by ordinance rate classifications, service charges, system development charges, inspection and permitting fees, application and connection fees and such other fees and charges necessary and sufficient in the opinion of the city council to pay for the following:
A. The costs associated with the development and adoption of a drainage and storm sewer plan;
B. The costs, including debt service and related financing expenses, of 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 that presently exist;
D. The acquisition of real property, including easements or other interests, which may be necessary for the storm and surface water drainage system in the service area including, but not limited to, real property 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 and surface 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 city’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 to this chapter shall not be used for general or other governmental or proprietary purposes of the city, except to pay for the equitable share of the costs of accounting, management and government thereof incurred on behalf of the utility. (Ord. 1421 § 1 (part), 2005)
13.66.060 Limitation of liability.
This chapter, any drainage code to be adopted by the city 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 in the Sumas area as necessary to protect the health, safety and welfare of the citizens and of the city. Such reasonable standards shall be recommended by the administrator and approved by the city council. No city 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 effective date of the ordinance codified in 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 city accepts the same as part of its publicly owned and/or maintained system and is negligent in its administration of such a system. (Ord. 1421 § 1 (part), 2005)