HomeMy WebLinkAbout0019 - Arlington, City of - Agreement - Surface Water Billing"
After Recording Return To:
City Clerk
City of Marysville
1049 State A venue
Marysville, WA 98270
INTERLOCAL AGREEMENT BETWEEN CITY OF MARYSVILLE AND
THE CITY OF ARLINGTON REGARDING SURF ACE WATER BILLING SERVICES
This agreement is made and entered into between the City of Arlington, hereinafter called
"Arlington", and City of Marysville, hereinafter called "Marysville", to allow for the billing and
collection of surface water management service charges, hereinafter referred to as "service
charges" on behalf of Arlington.
WHEREAS, Arlington recognizes the need for comprehensive surface water
management to preserve and protect the environment, public and private property, and the health
and welfare of its citizens; and
WHEREAS, Arlington represents that it has adopted the necessary legislation
authorizing Arlington to enter into this Agreement and has established a surface water
management program and service charges; and
WHEREAS, Marysville currently has a fully developed automated surface water
management service charge billing system which can be used for another jurisdiction's billing
when an interlocal agreement is entered into for that purpose; and
WHEREAS, Marysville currently provides utility services and subsequent billing to
residents within the city limits of Arlington, and
WHEREAS, pursuant to RC'.V 39.34, t.'i.e Interlocal Cooperation Act, the parties are each
authorized to enter into this interlocal agreement;
NOW THEREFORE, the following is agreed upon by both parties:
I. Purpose of the Agreement:
A. To establish and set forth billing and collection services for the collection of service
charges on properties located within the city limits of Arlington being served by
Marysville Utility.
B. To establish a means whereby Marysville can act as the Arlington's agent to bill and
collect service charges for Arlington.
C. To require payment to Marysville for services provided to Arlington.
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D. To establish clear Arlington and Marysville roles and responsibilities related to
establishment and maintenance of account data, issuance of bills, collection of
payments, processing of appeals, and payments of refunds.
IL Responsibilities of the Parties:
A. Marysville will:
1. Collect service charges on a mm1mum annual basis during the term of this
Agreement from all properties being serviced by Marysville Utilities within the
incorporated limits of Arlington in accordance with Chapter 13.28 Arlington
Municipal Code and Arlington Ordinances 1266 and 1395 as now enacted or
hereafter amended, including such credits, exemptions and classifications as are
contained therein, using the Marysville Utility Billing Statement.
2. Hold revenues collected for Arlington in a separate line item in its financial
system and disburse the revenue to Arlington on a quarterly basis. Arlington
waives any claim that it may have to interest or other income that accrues between
the collection and. disbursement of service charges by Marysville.
3. Marysville shall not be responsible for collection of NSF checks or enforcement
of collection of delinquent accounts by way of utility shutoffs, legal action, filing
ofliens or otherwise.
B. Arlington will:
I. Represents that it has provided the legal authority for this Agreement by enacting
legislation which:
a. Imposes service charges on all properties within the incorporated limits of
Arlington.
b. Authorizes Marysville to provide surface water utility billing services and
collect such servjce charges from owners of property being served by
Marysville Utilities located within the city limits of Arlington; and
c. Establishes service charge rates for Arlington residents.
d. Establishes service charge rates compatible withs Marysville's billing system.
2. Will incorporate new rates (not rate categories), as they are established, into
subsequent Arlington Ordinances and provide Marysville copies of such adopted
ordinances a minimum of 30 days prior to the effective date, and shall give
Marysville notice thereof
3. Will provide Marysville with a list of accounts eligible for credits and the type of
credit(s) to be applied to those accounts. Arlington will notify Marysville of any
change in account, customer classification or credit eligibility before November 1
of each year of this Agreement.
4. Collect on all NSF checks, delinquent accounts and customers who fail to pay.
III. Description of Services:
The services provided by Marysville under this Agreement include:
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A. Referral to Arlington of customer service inquiries/appeals from Arlington property
owners related to billing and revenue collection,
B. Collection and disbursement of cash receipts,
C. Maintaining and updating a customer information database that includes accounts
within Arlington, except that Arlington will be responsible for providing information
on new or changed accounts,
D. Processing and mailing billing statements and related correspondence,
E. Incorporating service charge rate changes as provided by Arlington as set out herein;
and
F. Providing annual account status reports.
IV. Financial Arrangements:
Arlington will pay Marysville for revenue collection and disbursement as follows:
A. Within 30 days of full execution of this agreement, Arlington will pay Marysville
$4,489 for billing services to be provided September 1, 2006 through December 31,
2006.
B. The service fee for 2007 will be established in 2006, and annually thereafter, based
on Marysville' s actual costs and cost of living adjustments. On or before September
I, 2006, and on or before September 1 of each successive year during the term of this
Agreement, Marysville will provide Arlington with written notice of the service fee
to be charged the following year. Arlington shall notify Marysville in writing within
30 days after receipt of such notice whether or not it agrees to pay the service fee set
forth in the notice. If Arlington's notice indicates agreement, this Agreement shall
be thereby amended to continue the services described herein, under the terms and
conditions of this Agreement, for that year. If Arlington does not agree, or if one or
both notices are not sent or received, this Agreement shall expire on December 31 of
the last year for which agreement was reached.
C. Payment by Arlington will be made in advance for each· upcoming year within 30
days after billing by Marysville.
V. Effectiveness and Duration:
A. This Agreement shall become effective after the following:
1. Approval of the Agreement by the official action of the governing bodies of each
of the parties hereto;
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2. Execution of the Agreement by the duly authorized representative of each of the
parties hereto; and
3. The filing of a copy of the Agreement with the following public officials:
a. The Arlington City Clerk,
b. The Marysville City Clerk,
c. The Snohomish County Auditor,
d. The Secretary of State (to be done by Arlington).
B. This Agreement shall remain in effect until expiration of this agreement as set forth in
Section V.B, termination as set forth in Section VI, or repeal of all or applicable
sections of Chapter 13.28 AMC, whichever occurs first.
VI. Amendments, Extension or Termination:
A. This Agreement may be amended, altered, clarified or extended only by written
agreement of the parties hereto.
B. The estimated costs and services as shown in this Agreement are accepted by the
parties as representing the best projections for service and cost available at the time of
this Agreement. Any changes to the level of services or to the cost of services set
forth in this Agreement must be agreed upon in writing.
C. Either party may terminate this Agreement upon 90 days written notice to the other
party. If Marysville terminates this Agreement under this paragraph, it shall pay to
Arlington an amount that reasonably represents the unused portion of the service fee
paid by Arlington for the year in which termination occurs and it will transmit
electronic records of accounts to Arlington for its use. If Marysville has provided
billing services for which it has not· collected a fee, then Arlington shall pay to
Marysville an amount reasonably representing the fee owing to Marysville but not yet
paid.
VII. Integration Clause:
There are no verbal or other agreements that modify this document.
VIII. Compliance with Law:
The parties, in the performance of this Agreement agree to comply with all applicable
local, state, and/or federal laws and ordinances applicable to the activities contemplated
herein.
IX. Severability:
Should any part, term or provision of this Agreement be determined by a court of
competent jurisdiction to be invalid, the remainder of this Agreement shall not be
affected, and the same shall be continued in full force and effect.
X. Notices:
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All required notices to be given under this Agreement shall be delivered to the parties at
the addresses listed below. Notices sent by registered mail shall be deemed served when
deposited in the U.S. mail.
City of Marysville, Finance
Finance Department
1049 State Avenue
Marysville, WA 98270
Atten: Sandy Langdon, Director
XI. Hold Harmless and Indemnification:
City of Arlington, Finance
Finance Department
238 N. Olympic
Arlington, WA 98223
Atten: Kathy Peterson, Director
A. Indemnification of Arlington. Marysville shall indemnify Arlington, its officers,
agents and employees, from and against any claim, damages, losses and expenses,
including but not limited to reasonable attorney's fees, arising from Marysville' s
performance under this Agreement; Provided, to the extent the claim, damages, losses
and expenses are caused by intentional acts of or by the concurrent negligence of
Arlington, its officers, agents, or employees, Marysville's indemnification obligation
hereunder shall be limited to Marysville's proportionate share ofliability as agreed to
by the parties to this Agreement or determined by a court of competent jurisdiction.
B. Indemnification of Marvsville. Arlington shall indemnify Marysville, its officers,
agents and employees, from and against any claim, damages, losses and expenses,
including but not limited to reasonable attorney's fees, arising from Arlington's
performance under this Agreement; Provided, to the extent the claim, damages, losses
and expenses are caused by intentional acts of or by the concurrent negligence of the
Marysville, its officers, agents, or employees, Arlington's indemnification obligation
hereunder shall be limited to Arlington's proportionate share of liability as agreed to
by the parties to this Agreement or determined by a court of competent jurisdiction.
Notwithstanding paragraph XI A above, Marysville does not assume liability or
responsibility for or in any way release Arlington from any liability or responsibility
which arises in whole or in part from the existence or effect of Arlington City
ordinances, rules, regulations, classifications or other actions. If any cause, claim suit,
action or administrative proceeding is commenced in which the enforceability and/or
validity of any such Arlington City ordinance, rule, regulation, classification or action
is at issue, Arlington shall defend the same at its sole expense and if judgment is
entered or damages are awarded against Arlington, Marysville or both, Arlington shall
satisfy the same, including all chargeable costs and attorney's fees.
C. Waiver of Immunity. The foregoing indemnity provisions are specifically and
expressly intended to constitute a waiver of each party's innnunity under
Washington's Industrial Insurance Act, RCW Title 51, as respects the other party.
only, and only to the extent necessary to provide the indemnified party with a full and
complete indemnity of claims made by the indemnitor's employees. The parties
acknowledge that these provisions were specifically negotiated and agreed upon by
them.
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XII. Interlocal Cooperation Act.
The parties agree that no separate legal or administrative entities are necessary in order to
carry out this Agreement. If determined by a court to be necessary for purposes of the
Interlocal Cooperation Act, Ch. 39.34 RCW, an administrator or joint board responsible
for administering the Agreement will be established by mutual agreement. Any real or
personal property used by either party in connection with this Agreement will be
acquired, held, and disposed of by that party in its discretion, and the other party will have
no joint or other interest herein.
IN WITNESS THEREOF, the Parties
/1 d day of ~tt.rT , 2006.
CITY OF ARLINGTON
'/Y/_Wi~~~
Date Signed
Approved as to Form:
~
Date: g -ll. -bl
A~ fl~
City Cl~
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hereto have executed this Agreement on the
Date Signed
Approved as to Form:
-t'itYA.ttomey
Date: tf -I 0 ~ o,.(,
ATTACHMENT I
COMPLETE COPY OF FINAL VERSION OF ARLINGTON
ORDINANCE
Interloca1 City of Marysville Billing Services
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ORDINAt\lCE NO. 1395
AN ORDINANCE ESTABLISHING A RATE STRUCTURE POLICY FOR THE
STORMWATER UTILITY OF THE CITY OF ARLINGTON, WASHINGTON, CREATING
A REVENUE FUND, ESTABLISHING SERVICE CHARGES FOR SUCH UTILITY,
PROVIDING AUTHORITY FOR THE COLLECTION THEREOF, AND PROVIDING THE
EXEMPTION OF CERTAIN PROPERTY FROM SUCH CHARGES.
WHEREAS, the City of Arlington, Washington has the authority to enact laws to
promote the health, safety and welfare of its citizens; and
· WHEREAS, the City believes it is in the best interests of the citizens of Arlington
to implement a stormwater system, based on the findings contained in this ordinance;
NOW, THEREFORE, be it ordained by the City Council of the City of Arlington,
Washington as follows:
Section 1. A new Arlington Municipal Code section 13.28.005 is hereby adopted to
read as follows:
13.28.005 Findings and Purposes
The City Council of the City of Arlington finds as follows:
a. In 1995, the City of Arlington developed and adopted the 1995 Stormwater
Management Plan that contained a recommended storm and surface water
management program and recommended establishing a stormwater utility as
the primary funding mechanism.
b. The City Council adopted a further Stormwater Program Implementation
report on November 1, 1999 that recommended an updated storm water
management program and capital improvements (amended in 2001 to
include the Smokey Point annexation area) and reaffirmed the establishment
of a stormwater utility as the primary funding mechanism.
c. The City Council established the Arlington Stormwater Utility on September
4, 2001 to implement and administer its Stormwater Utility Plan under
Ordinance No. 1266 and the City is authorized pursuantto RCW 35A.80.010
and RCW 35.67.020 to fix, alter, regulate and control the rates and charges
for use of said utility and the stormwater system of the City.
d. The emphasis of the proposed Stormwater utility is to provide maintenance
activities to benefit water quality and reduce flooding problems.
e. Establishing the Stormwater Utility will enable the City to undertake capital
improvements which will address both water quantity and quality problems.
f. .. Untreated stormwater contains toxic metals, organic compounds, and
bacterial and viral pathogens which is unsafe to humans and can pollute our
streams, drinking water, and fish and animal habitat.
g. The City Council finds that the extent of impervious area preventing
infiltration or hastening the drainage of storm and surface water from a parcel
of property, and carrying contaminants into the streams and receiving waters,
ORDINANCE NO. 1395 1
is the primary factor determining an individual property's contribution into the
City stormwater system.
h. The Arlington area has seen increased flood events in recent years, which
may be attributed to increased development, as well as the failure of existing
stormwater systems due to inadequate maintenance.
i. The City will be required to meet the standards of its National Pollution
Discharge Elimination System (NPDES) Phase II requirements.
j. All property within the City will benefit from the stormwater utility, which will
provide a regional system and improvements, which will protect property
from upslope and upstream stormwater effects.
k. The establishment of the utility will provide a means to convey stormwater
away from property in the event on-site systems fail due to poor
maintenance, freezing, or groundwater surcharge or are overcome by a
storm event larger than assumed in the design of those on-site systems.
I. The ability to undertake necessary capital improvements and maintenance
programs to provide the treatment and retention of stormwater is dependent
on adequately funding the system.
m. The stormwater rates and charges as contemplated by this ordinance are
designed to place an appropriate level of burden on existing development as
well as new development through ongoing rates and charges for participants
in the system.
n. Having an adequate stormwater system in place and funding for the same
also may be necessary for the City to meet concurrency requirements for
development in urban densities under the state Growth Management Act and
related regulations; conversely, the absence of such a system may preclude
development within the City.
Section 2. Arlington Municipal Code section 13.28.020 is hereby amended to read
as follows:
13.28.020 Definitions
The following words when used herein shall have the following meanings, unless
the context clearly indicates otherwise:
a. "Adjustment Request" means a request by a rate payer for review and
adjustment of the rate levied upon the property.
b. "City" means the City of Arlington, Washington or another city with whom
Arlington has an interlocal agreementfor stormwater rate collection.
c. "Developed" means the state, status, or condition of the subject property
at the time the proposed project has been completed or development permits
have expired, which may include existing buildings, impervious areas, and
topography as is affected.
d. "Equivalent Service Unit" (ESU) shall mean and be equal to 6,000 square
feet of Impervious Area and is the measure of Impervious Area to be used by
the Utility in assessing Service Charges against each parcel of property.
e. "Impervious Area" means that hard surface area which prevents or retards
the entry of water into the soil mantle and/or causes water to run off the
surface in greater quantities or at an increased rate of flow from that present
ORDINANCE NO. 1395 2
under natural conditions prior to development. Common impervious surfaces
include, but are not limited to, roof tops, walkways, patios, driveways, parking
lots or storage areas, concrete or asphalt paving, gravel roads, packed
earthen materials, and oiled macadam or other surfaces which similarly
impede the natural infiltration of surface and stormwater runoff. Open
retention/detention facilities and wetlands shall not be considered as
impervious surfaces for the purposes of this section. An area may be
impervious whether or not the same is occupied or inhabited.
f. "Plan" means the current Stormwater Utility Plan and recommended
program adopted by the City Council in 1995 as the Stormwater
Management Plan, updated in 1999 in the Stormwater Implementation
Program, amended in 2001 to include the Smokey Point annexation area, or
as amended in the future. True copies of the plans shall be in the City
Clerks office for inspection or purchase.
g. "Program" means the Stormwater Management program adopted as the
Plan, as amended in the future.
h. "Service Charge" means the monthly fee levied by the Utility upon all
developed real property within the boundary of the Utility as authorized
herein.
i. "System" shall mean the entire system of storm drainage facilities owned
by the Utility for the movement and control of storm and surface waters,
including both naturally occurring and manmade facilities.
j. "Undeveloped Conditions" means the state, status, or condition of the
subject property prior to any development of the property that has occurred,
which may include trees, pastures, or native features.
k. "Utility" means the Arlington Stormwater Utility, the boundaries of which
shall be the City limits of the City of Arlington.
Section 3. A new Arlington Municipal Code section 13.28.090 is hereby adopted to
read as follows:
13.28.090 Rate Policy.
It shall be the policy of the City that the rate structure to be applied in establishing
the amount of Service Charges assessed against each parcel of developed real
property within the boundaries of the Utility shall be based upon the amount of
Impervious Area contained within each parcel of property as measured under
section 13.28.100 herein, except for those properties set forth in section 13.28.140
herein.
Section 4. A new Arlington Municipal Code section 13.28.100 is hereby adopted to
read as follows:
13.28.100 Classification of Property.
The Utility shall estimate or measure the Impervious Area of each parcel of
developed real property within the boundaries of the Utility to determine the number
of Equivalent Service Units (ESUs) contained therein; six thousand (6,000) square
feet of Impervious Area shall equal one ESU.
ORDINANCE NO. 1395 3
1. All single-family residences, duplexes and triplexes are deemed to contain
one (1) ESU per dwelling unit.
2. For all other developed real properties, including multifamily, condominiums
and mobile home parks, the Utility shall determine the number of ESUs
contained thereon by dividing the number of square feet of Impervious Area
on each property by 6,000; the total thus obtained will be rounded to the
nearest whole number representing the ESUs contained on such property.
3. Each developed parcel of property shall be deemed to contain a minimum of
one (1) ESU. Credits shall not reduce this minimum.
Section 5. A new Arlington Municipal Code section 13.28.11 O is hereby adopted to
read as follows:
13.28.110 Real Property in an Undeveloped Condition.
In accordance with the policy established in section 13.28.090 the Service Charge
shall be determined by the amount of Impervious Area contained on each parcel of
real property. Those properties remaining in an undeveloped condition are deemed
not to make use of the services of the Utility or of the facilities of the System beyond
that used by such property in the natural state. Therefore, no Service Charge shall
be imposed upon that real property within the boundaries of the Utility that is in an
undeveloped condition.
Section 6. A new Arlington Municipal Code section 13.28, 120 is hereby adopted to
read as follows:
13.28.120 Initial Service Charge Rates.
In accordance with the rate structure established herein, there is hereby levied upon
all developed real property within the boundaries of the Utility the following Service
Charges:
a. For all single-family residences the monthly Service Charge shall be $3.45
per month.
b. For all other Developed property including multifamily, condominiums and
mobile home parks within the boundaries of the Utility, except as specified
under section 13.28.130, the monthly Service Charge shall be $3.45 per
month multiplied by the number of Equivalent Service Units determined by
the Utility to be contained in such parcel pursuant to section 13.28.100 ..
c. For all single-family property owners qualifying for the senior low-income
utility discount established in AMC 13.12.140, the discount shall apply to
stormwater service charges.
Section 7. A new Arlington Municipal Code section 13.28.130 is hereby adopted to
read as follows:
13.28.130 Property Exempt From Service Charges.
The following special categories of property are exempt from Service Charges:
ORDINANCE NO. 1395 4
Section 9. A new Arlington Municipal Code section 13.28.150 is hereby adopted to
read as follows:
13.28.150 Billing.
a. The charges imposed by this chapter shall be billed in conjunction with the
property owner's or user's customary water and sanitary sewer bill issued by
the City. For developed properties subject to the Service Charge that do not
otherwise receive a water or sanitary sewer bill from the City of Arlington, the
Stormwater Service Charge may be billed at intervals set by the utility
administrator but not less than annually.
b. Such charges shall be due and payable as provided in AMC Chapter 13.12.
c. Delinquent accounts shall be determined and administered in a manner
consistent with that provided for water and sewer under AMC Chapter 13.12
and as otherwise amended.
d. Billings may be made in the name of a tenant or other occupants of the
premises which are provided stormwater utility services at the mailing
address provided above, but such billings shall not relieve the owner of the
property from liability for the payment of the charges for furnishing of such
stormwater services nor in any way affect the lien rights of the City against
the premises to which said stormwater services are furnished. Failure to
receive mail properly addressed to the mailing address provided above shall
not be a valid defense for failure to pay the delinquent charges and
penalties. Any change in the mailing address provided above must be
properly filed in writing with the office of the City Clerk before it will become
effective.
e. In the event the City must bring legal action to collect Stormwater Service
Charges and/or penalties, the City shall, in addition to such charges and
penalties, recover its attorney's fees and other costs incurred in connection
with such collection.
Section 10. A new Arlington Municipal Code section 13.28.160 is hereby adopted
to read as follows:
13.28.160 Rate Adjustments and Appeals.
a. Any person billed a Service Charge under this chapter may file a "Request
for Rate Charge Adjustment" (hereinafter "Adjustment Request") with the
administrator of the Utility within sixty (60) days of the date of the billing
statement. Submittal of an Adjustment Request shall be made on forms
provided by the administrator and shall not extend the period of payment
for the rate charge.
b. Upon timely receipt of an Adjustment Request, the administrator of the
utility or his/her designee will review the request and make a preliminary
determination after a review of Utility records or a site visit.
c. The administrator of the Utility may grant or approve a rate adjustment
only in accordance with this chapter and only upon a finding that one or
more of the following conditions exist:
ORDINANCE NO. 1395 6
a. City street rights-of-way, all of which are part of the System pursuant to the
Plan;
b. State of Washington highway rights-of-way and Snohomish County road
rights-of-way so long as the State of Washington and Snohomish County
shall agree to maintain, construct and improve all drainage facilities
contained within such rights-of-way as required by the Utility in conformance
with all Utility standards for maintenance, construction and improvement
hereafter established by the Utility and so far as such maintenance,
construction and improvements shall be achieved at no cost to the Utility or
to the City.
Section 8. A new Arlington Municipal Code section 13.28.140 is hereby adopted to
read as follows:
13.28.140 Credit Potential for Private. On-Site Control Facilities on Non-single
Family Properties and School Facilities.
1. The Utility may grant a credit of twenty-five (25) percent for private, on-site
control facilities that benefit the overall stormwater system. To be eligible for
the credit, the property owner must demonstrate that the on-site control
system exists, was installed per the standards at the time of development,
and the system has been maintained in accordance with current City
standards. The eligibility of the credit shall be reviewed on an annual basis
to ensure proper maintenance of said private facilities. The administrator of
the Utility shall determine the forms, requirements and process for
determining eligibility.
2. The Utility may grant a credit of seventy (70) percent for superior
performance of private facilities for on-site control facilities that have the
capacity to fully contain and infiltrate on the parcel the runoff from the 100-
year, 7-day storm event, if the facilities are maintained in accordance with
current City standards. The eligibility of the credit shall be reviewed on an
annual basis to ensure proper maintenance of said private facilities. The
administrator of the Utility shall determine the forms, requirements and
process for determining eligibility.
3. The Utility shall grant public schools twenty-five (25) percent additional credit
upon receipt of an acceptable curriculum showing how the district provides
education regarding stormwater issues. Each site owned and operated by
the District in support of education shall be eligible for this credit in addition
to any site-specific credits also available for individual sites. The
administrator of the Utility shall determine the forms, requirements and
process for determining eligibility.
4. In no case shall any site be eligible for more than a seventy (70) percent total
credit.
ORDINANCE NO. 1395 5
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d.
e.
f.
g.
h.
1. The parcel charged is not within the Arlington city limits.
2. The impervious surface area of the parcel would change the
number of Equivalent Service Units used in determining the Service
Charge under section 13.28.100.
3. The parcel is in an undeveloped condition and meets the
requirements in section 13.28.110.
4. The parcel is considered exempt under section 13.28.130.
5. The parcel is not single family and contains a constructed or
natural on-site surface water control facility that meets all of the
conditions as a superior performance system in section 13.28.140.
6. The rate charged was otherwise not calculated in accordance with
the terms of this chapter.
If the property owner does not agree with the preliminary determination,
the property owner may submit further evidence supporting the calculation
prepared by a licensed surveyor, engineer or professional. This may
include an approved drainage plan, a detailed site plan or other
information required by the administrator of the Utility.
The property owner shall have the burden of proving by a preponderance
of the evidence that the desired Adjustment Request meets the
requirements of this section.
When granted, an Adjustment Request shall only apply to the Service
Charge bills subsequently issued. If an Adjustment Request is granted
which reduces the rate charge for the current year, the applicant shall be
refunded the amount overpaid in the current calendar year only. If the
administrator of the Utility finds that a rate charge bill has been
undercharged, then at the administrator's discretion, either an amended
bill shall be issued which reflects the increase in the Service Charge, or
the undercharged amount shall be added to the next bill. Any amended
bill shall be due and payable under the provisions set forth in this chapter.
Decisions on Adjustment Requests shall be made by the administrator of
the Utility based on information submitted by the applicant in the
Adjustment Request, the Utility's records and a site visit. Decisions shall
be made within thirty (30) days of the date of the Adjustment Request,
except when additional information is requested or needed by the
administrator. The applicant shall be notified in writing of the
administrator's decision.
Decisions of the administrator of the Utility on Adjustment Requests shall
be final unless appealed to the Snohomish County Superior Court within
thirty days of the final decision on the Adjustment Request.
Section 11. Effective Date. This ordinance shall become effective from and after
its passage and the expiration of five days after publication as provided by law, except
the provisions of Section 13.28.120, Initial Service Charge Rates, shall be effective on
September 1, 2006.
ORDINANCE NO. 1395 7
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Section 12. Severability. If any provision of this chapter or its application to any
person or circumstances is held invalid, the remainder of the chapter or the application
of the provision to other persons or circumstances is not affected.
_pASSED BY the City Council and APPROVED by the Mayor this /Jrf day of
J iL& ' 2006. .
CITY OF ARLINGTON
Mafgatlarson~r
Attest:
Approved as to form:
ORDINANCE NO. 1395 8