Chapter 13.12
STORM WATER UTILITY
Sections:
13.12.010 Utility established.
13.12.030 Utility fund established.
13.12.050 Liability disclaimer.
13.12.010 Utility established.
A storm and surface water utility is hereby established for the purpose of protecting public health, safety and welfare by providing a dedicated revenue source for effective management of the storm and surface water facilities and courses the title to which is held by the town. (Ord. 630 § 1, 2011)
13.12.020 Utility fees.
The council may establish by resolution utility fees, rates, and charges to recover the costs of providing service to property in accordance with the cost of improving, operating and maintaining the town’s storm and surface water system. Costs may include but will not be limited to the expense of planning, administration, development of regulations, the enforcement of existing regulations, construction and/or repair of facilities, system maintenance, provision of storm and surface water management equipment and services and any redemption of bonds that are used to finance any system improvement.
In addition to such other changes as may be approved by Council, commencing January 1, 2024, and in January of each successive year thereafter, the fees, rates and charges the council establishes by resolution shall be automatically adjusted based upon the Consumer Price Index for All Urban Consumers (CPI-U), Seattle-Tacoma-Bellevue, as published by the Bureau of Labor Statistics for the year ending June 30th of the previous year; provided, that in no instance shall these fees, rates, and charges decrease. (Ord. 727 § 2, 2022; Ord. 630 § 2, 2011)
13.12.030 Utility fund established.
The storm water utility fund is hereby created. Utility fees shall be deposited in this fund, to be used only for the purpose of paying all or any part of the cost and expense of providing storm and surface water management services, or to pay or secure the payment of all or any portion of any financing for such purpose. (Ord. 630 § 3, 2011)
13.12.040 Advisory committee.
A citizen work group referred to as the utility advisory committee, or “UAC,” is hereby created. The committee shall be comprised of a minimum of three but not more than five town of Yarrow Point residents appointed by the mayor and confirmed by the town council. A qualified professional consultant approved by the council shall be retained as the UAC coordinator. The UAC shall make policy recommendations to the council concerning establishment of utility rates, the collection of funds, and the purpose for which they shall be used. Members of the UAC are authorized to make any other recommendations involving planning for the utility and its future administration as considered necessary. (Ord. 630 § 4, 2011)
13.12.050 Liability disclaimer.
A. Floods from storm water runoff may occasionally occur which exceed the capacity of drainage facilities constructed and maintained by the town. The town’s adoption of this chapter does not imply that property liable for any utility fees shall always be free from flooding. Further, this code does not purport to reduce the need or the necessity for any property owner to obtain flood insurance.
B. The storm and surface water utility shall be administered and enforced for the benefit of the health, safety and welfare of the general public, and not for the benefit of any particular person or class of persons.
C. No provision of or any term used in this chapter is intended to impose any duty upon the town or any of its officers or employees which would subject them to damages in a civil action. (Ord. 630 § 5, 2011)