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City Clerk’s Office Item # R-5
Background Paper for Proposed
O
RDINANCE
COUNCIL MEETING DATE: December 8, 2014
TO: President Stephen G. Nawrocki and Members of City Council
CC: Sam Azad, City Manager
VIA: Gina Dutcher, City Clerk
FROM: Earl Wilkinson, Public Works Director
SUBJECT
: AN ORDINANCE AMENDING CHAPTER 12 OF TITLE XVI OF THE
PUEBLO MUNICIPAL CODE RELATING TO AND INCREASING
STORMWATER UTILITY SERVICE CHARGES THEREOF
SUMMARY:
Attached is an Ordinance amending the Pueblo Municipal Code to increase Stormwater
Utility charges by five (5) percent beginning in 2015 and an additional five (5) percent
beginning in 2016.
PREVIOUS COUNCIL ACTION:
Ordinance 8563 for a rate increase in 2013 was approved on January 14, 2013.
BACKGROUND:
Pueblo’s Municipal Code presently requires that a review of stormwater rates be
performed at least every two years to ensure that the rates generate sufficient revenue
to pay the total operation and maintenance costs necessary to operate and maintain the
stormwater system properly (Section 16-12-6(3)). The stormwater service charge was
initiated in April 2004 and there has been one increase since that time.
Recent studies and research have been conducted by the Stormwater Utility and it has
been determined that an increase in fees is necessary for estimated costs of
maintenance as well as anticipated capital budget needs. Further capital projects may
be needed to maintain compliance with State water quality regulations associated with
nitrogen and phosphorous in stormwater runoff (Regulation 85). In addition, the State
has also adopted higher standards for floodplain management that the City is required
to implement.
A fee comparison of other cities in Colorado shows that stormwater fees in Pueblo are
below the average fees charged in other cities. During a work session, the City Council
has determined that current economic conditions make it advisable to implement a 5
percent rate increase in 2015 and another 5% increase in 2016. This Ordinance has
therefore been prepared to provide for increases of 5 percent in stormwater rates for
Pueblo in 2015 and 2016.
FINANCIAL IMPLICATIONS:
The proposed Ordinance will increase stormwater rates which will fund estimated
maintenance costs as well as anticipated capital improvements. The proposed rate
increase is expected to generate additional revenue of approximately $168,000 in 2015
and approximately $176,400 in 2016.
BOARD/COMMISSION RECOMMENDATION:
Not Applicable.
STAKEHOLDER PROCESS:
Not Applicable.
ALTERNATIVES:
A no-action alternative would leave the City venerable for non-compliance issues with
State water quality regulations. Also, no-action would leave projects necessary to
maintain and improve the current stormwater infrastructure and floodplain management
with inadequate funding.
RECOMMENDATION:
The Stormwater Department recommends approval of this Ordinance.
PROPOSED MOTION:
Attachments:
None
ORDINANCE NO. 8814
AN ORDINANCE AMENDING CHAPTER 12 OF TITLE XVI
OF THE PUEBLO MUNICIPAL CODE RELATING TO AND
INCREASING STORMWATER UTILITY SERVICE
CHARGES THEREOF
BE IT ORDAINED BY THE CITY COUNCIL OF PUEBLO, that: (brackets indicate
matter being deleted, underscore indicates matter being added)
SECTION 1.
Section 16-12-6 of Chapter 12, Title XVI of the Pueblo Municipal Code is hereby
amended as follows:
Sec. 16-12-6. Determination of stormwater utility service charges.
(a) The monthly stormwater utility service charge is hereby established and shall be
computed as follows:
(1) For real property improved for residence, one-family:
\[
Monthly Service
Charge
Impervious Surface
up to 2,000 sq. feet $2.40
2,001 to 4,000 sq. feet 4.20
in excess of 4,000 sq. feet 7.50
\]
Monthly Service Charge
Impervious Surface
Commencing Commencing
January 1, January 1,
2015 2016
Up to 2,000 sq. feet 2.52 2.65
2,001 to 4,000 sq. feet 4.41 4.63
In excess of 4,000 sq. feet 7.88 8.27
(2) For all other improved real property, regardless of ownership or use, the monthly
stormwater service charge per one thousand (1000) square feet of impervious
surface in and on the real property, as determined by the Director, shall be: a. \[one
dollar and forty seven cents ($1.47)\]one dollar and fifty four cents ($1.54) for the
period commencing January 1, 2015 and ending December 31, 2015; and b. one
dollar and sixty two cents ($1.62) for the period commencing January 1, 2016 and
thereafter \[per one thousand (1000) square feet of impervious surface in and on the real
property, as determined by the Director\]. If the improved real property is served by a
stormwater detention facility adequately maintained by property owners other than the
City, the Director shall reduce the stormwater utility charge for such property by sixty
percent (60%).
(b) The Director shall determine the number of square feet of impervious surface in or
on the real property described in (a)(2) above of each owner or owners thereof by any one
(1) or more of the following methods:
(1) On-site measurement of the impervious surface made by the City or in its behalf;
(2) Computation of the impervious surface using the dimension of impervious
surfaces contained in the records of the City or the Pueblo County Assessor; or
(3) Estimation, calculation and computation of the impervious surfaces using aerial
photography or photogrammetry or using the information and data from on-site
measurements of like or similar property or features or as contained in the records of the
City or the Pueblo County Assessor which set forth certain of the characteristics of the
improvements on the property such as the space above the basement level in all
buildings or structures, size of roofs, parking areas, driveways and other compacted
areas, the area of the real property, assessor's use code and assessor's class code (the
) of the improvements and actual measurements made by the
assessor's characteristics
City or in its behalf, if any, of impervious surfaces in or on real properties whose
assessor's characteristics are similar to those assessor's characteristics of the real
property for which the estimate, calculation and computation is made.
(c) The Director shall no less often than every two (2) years cause a review of project
costs and stormwater utility service charges to ascertain if the stormwater utility service
charges generate sufficient revenue to pay the total project costs. The Director shall submit
such report to the City Council for its review and consideration. The first such biennial
review shall be completed on or before July 1, 2003.
SECTION 2.
The President of the City Council is hereby authorized to execute said Agreement on
behalf of Pueblo, a Municipal Corporation, and the City Clerk shall affix the Seal of the City
thereto and attest the same.
SECTION 3.
The officers and staff of the City are directed and authorized to perform any and all
acts consistent with the intent of this Ordinance and the attached agreement to effectuate
the transactions described therein.
SECTION 4.
This Ordinance shall become effective January 1, 2015.
INTRODUCED: December 8, 2014
BY: Chris Nicoll
PASSED AND APPROVED:
December 22, 2014