HomeMy WebLinkAbout09061
ORDINANCE NO. 9061
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:
\[
Monthly Service Charge
Commencing Commencing
Impervious Surface
January 1, January 1,
2015 2016
Up to 2,000 sq. feet 2.52 2.65
2,001 to 4,000 sq. feet 4.41 4.63
In excess of 4,000 sq. feet 7.88 8.27
\]
Monthly Service Charge
Impervious Surface
Commencing Commencing Commencing
January 1, January 1, January 1,
2017 2018 2019
Up to 2,000 sq. feet 2.78 2.92 3.07
2,001 to 4,000 sq. feet 4.86 5.10 5.36
In excess of 4,000 sq. feet 8.68 9.11 9.57
(2)
For all other improved real property, regardless of ownership or use, the
monthly stormwater service charge per one thousand (1,000) square feet of
impervious surface in and on the real property, as determined by the Director,
\[
shall be: a. one dollar and fifty-four cents ($1.54) forthe period commencing
January 1, 2015 and ending December 31, 2015; and b. one dollar and sixty-
\]
two cents ($1.62) for the period commencing January 1, 2016 one dollar and
seventy cents ($1.70) for the period commencing January 1, 2017 and ending
December 31, 2017; b. one dollar and seventy-nine cents ($1.79) for the
period commencing January 1, 2018 and ending December 31, 2018 and c.
one dollar and eighty-eight cents commencing January 1, 2019 and ending
December 31, 2019 and thereafter. 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 assessor's
characteristics) of the improvements and actual measurements made by the
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 officers of the City are directed and authorized to perform any and all acts
consistent with the intent of this Ordinance to effectuate the policies and procedures
described herein.
SECTION 3.
This Ordinance shall become effective January 1, 2017.
INTRODUCED: November 14, 2016
BY: Ed Brown
PASSED AND APPROVED: November 28, 2016
City Clerk’s Office Item # R-2
Background Paper for Proposed
O
RDINANCE
COUNCIL MEETING DATE: November 14, 2016
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:
This Ordinance amends the Pueblo Municipal Code to increase Stormwater Utility
charges by five (5) percent beginning in 2017, an additional five (5) percent beginning in
2018 and another (5) percent beginning in 2019.
PREVIOUS COUNCIL ACTION:
Ordinance 8563 rate increase for 2013 - approved on January 14, 2013; and
Ordinance 8814 rate increase for 2014 through 2016 - approved on December 8, 2014.
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.
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 each year in 2017, 2018, and 2019. This Ordinance has therefore
been prepared to provide for increases of 5 percent in stormwater rates for Pueblo in
2017, 2018 and 2019.
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 $192,232 in 2017,
$202,150 in 2018 and approximately $212,222 in 2019.
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:
Approval of this Ordinance.
Attachments:
None