PORT OF SEATTLE

RESOLUTION NO. 3696, as amended

A RESOLUTION   of the Port Commission of the Port of Seattle establishing a
Port Stormwater Utility and adopting a Stormwater Utility
Charter pursuant to RCW 53.08.040 et seq.  and other
statutes   for  the  purpose   of  establishing,   operating,
furnishing, and funding a stormwater system comprising
facilities,  services,  and  programs  for  the  management,
collection, control, conveyance, treatment, and discharge of
stormwater within the Port of Seattle.

WHEREAS, the Port of Seattle's Century Agenda calls for the Port to create jobs and

economic vitality while becoming the greenest and most energyefcient port in North America;

and

WHEREAS, as a steward of Puget Sound waters and the environment, the Port works
diligently to ensure its stormwater management strategies are efcient and effective, and will
meet or exceed all requirements; and

WHEREAS, the Port owns, operates, and maintains an extensive stormwater collection,
conveyance, control, and discharge system ("Stormwater System") for the Seaport and Real
Estate (jointly "Marine") divisions serving over  1,300 acres of Portowned properties and
adjacent nonPortowned properties; and

WHEREAS, the Port owns, operates, and maintains an extensive Stormwater System for
the Aviation division serving over 1,600 acres of Port-oWned Airport properties; and

WHEREAS, the Port manages its Marine and Airport Stormwater Systems in accordance
with local, state, and federal stormwater regulations and requirements, including the Phase I
Municipal Stormwater General Permit for Marine properties, and the Airport's individual
National Pollutant Discharge Elimination System (NPDES) Waste Discharge Permit No. WA-

0024651 issued by the State Department of Ecology; and

WHEREAS, the Port is responsible for the cost of maintaining, inspecting, cleaning,
upgrading, and operating both the Marine and Airport Stormwater Systems to meet those
requirements; and

WHEREAS, the cost to the Port of meeting its Marine Stormwater System
responsibilities is estimated at nearly $25 million over the next several years; and

Port Stormwater Utility Resolution No. 3696                                                          Page 1 of 3

WHEREAS, the cost to the Port of meeting its Airport Stormwater System
responsibilities is estimated at nearly $16 million over the next several years; and

WHEREAS, neither the Marine nor the Airport Stormwater Systems contribute any
material stormwater discharge to the stormwater systems operated by the cities of Seattle and
SeaTac; and

WHEREAS, the Port and its tenants pay the cities of Seattle and SeaTac fees to support
operations of the cities' stormwater utilities, while the Port largely manages stormwater ows from
its property; and

WHEREAS, in 2014, the Port and its private operators will pay approximately
$4 million in fees to the City of Seattle, which the City plans to increase by 9.9% in 2015, with
further increases planned for subsequent years; and

WHEREAS, in 2014, the Port and its tenants will pay approximately $451,860 in fees to
the City of SeaTac, which could substantially increase in 2016 after the expiration of the 2005

Interlocal Agreement between the City of SeaTac and the Port of Seattle, with further increases
planned for subsequent years; and

WHEREAS, RCW 53.08.040, RCW 53.08.043, and other statutes grant port districts the
p
authority to establish and operate stormwater systems and stormwater utilities to serve port
district properties and other properties and to set the terms, conditions, and rates for such
enterprise; and
WHEREAS, a stormwater utility operated by the Port, as set forth in the Stormwater
Utility Charter attached at Exhibit A ("Port Stormwater Utility"), will provide direct inding
dedicated to local oversight, attention, and management of the Port's Stormwater System; and

WHEREAS, the Port Stormwater Utility would have immediate access to the funds
needed to improve stormwater management and services for the benet of Puget Sound, and

better meet environmental and other requirements affecting the Marine and Airport Stormwater
Systems; and

WHEREAS, applying that dedicated funding directly to the Port's stormwater activities
will mean better use and economy of the Port's taxpayer and tenant revenues; and

WHEREAS, the Port Stormwater Utility and its ability to provide services will benet
from a smooth, certain and conictfree transition from City management to Port management;

NOW THEREFORE, BE IT RESOLVED by the Port Commission of the Port of

Seattle as follows:



Port Stormwater Utility Resolution No. 3696                                                          Page 2 of 3


Section 1.     The recitals set forth above are hereby adopted by the Port Commission as
authority, ndings, and conclusions supporting the actions taken herein.
Section 2.     The Port of Seattle Stormwater Utility Charter, attached as Exhibit A and
incorporated by this reference, is adopted to establish the Port Stormwater Utility and operate the
Port Stormwater System.

Section 3.     The Port's executive staff is directed and authorized to implement the Port

of Seattle Stormwater Utility Charter and to work with adjacent jurisdictions for the efcient
transfer, integration, and coordination of storrnwater management activities.

Section 4.     Except  as  described  in  Section  5,  the  foregoing  actions  shall  be
implemented by the executive staff with all due speed, with the goal of implementation on or
before January 1, 2015.  The executive staff shall brief the Commission on its activities as
appropriate.
Section 5.      Activation of the Airport Utility will require subsequent Commission
review and approval, and will not occur prior to the expiration of the current Interlocal
Agreement (ILA) between the Port and the City of SeaTac in February 2016.
ADOPTED by the Port Commission of the Port of Seattle at a duly noticed meeting
thereof, held this     0754%"       day of  "AVE? BEFL   ,
2014, and duly authenticated in
' "
open session by the signatures of the Co      sion rs V0
,
g in favor thereof and the seal of the
J
Commission.
,.
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BILL BRYAN?
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- Z     COURTNEY GREGO!RE

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STEPHANIE BOWMAN
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Commissioners






Port Stormwater Utility Resolution No. 3696                                                          Page 3 of 3