HomeMy WebLinkAbout06914Substituted Copy 11/25/02
ORDINANCE NO. 6914
AN ORDINANCE CREATING A STORMWATER UTILITY ENTERPRISE; ESTABLISHING AND
IMPOSING A STORM -WATER UTILITY SERVICE CHARGE AND ESTABLISHING
PROCEDURES FOR COLLECTION THEREOF; DETERMINING AND PROVIDING FOR THE
PURPOSES AND USE OF SUCH CHARGE; PROVIDING FOR ADMINISTRATION OF THE
STORMWATER UTILITY; ESTABLISHING PROCEDURES FOR ADMINISTRATIVE AND
JUDICIAL REVIEW; AND PROVIDING FOR PENALTIES FOR VIOLATIONS THEREOF AND
REPEALING ORDINANCE NO. 6867
BE IT ORDAINED BY THE CITY COUNCIL OF PUEBLO, that:
SECTION 1
Title XVI of the Pueblo Municipal Code is hereby amended by the enactment and addition
of the following new Chapter 12:
CHAPTER 12
STORMWATER UTILITY
Sec. 12 -1 -1: Title
This Chapter shall be known and cited as the Stormwater Utility Ordinance of
Pueblo.
Sec. 12 -1 -2: Legislative intent and purpose.
(a) The City Council finds and determines that due to its general terrain and
geographical location property within the City is particularly subject to damage from floods
and stormwater which, from time to time, overflow existing watercourses and stormwater
facilities: existing stormwater facilities are inadequate to control such overflow: stormwater
facilities require continuous operation maintenance repair, renewal and replacement: and
Property owners of the City should pay for the use and availability of stormwater facilities
necessary or required to control and manage floods and stormwater runoff.
u It is the intent and purpose of the City Council in enacting this Chapter
W To promote the public health, safety and welfare by permitting the
movement of emergency vehicles during storm or flooding periods and by
minimizing storm and flood losses and the inconvenience and damage resulting
from uncontrolled stormwater runoff in the City:
Q To provide for the establishment of a master drainage plan for
effective stormwater and flood management:
u To establish a stormwater utility enterprise to coordinate, design,
construct manage, operate and maintain the stormwater and flood management
systems and stormwater facilities:
u To establish reasonable stormwater utility service charges based on
the use and availability of stormwater facilities: and
To encourage and facilitate urban water resources management
techniques including without limitation, detention of floods and stormwater runoff,
minimizing the need to construct stormwater facilities, reduction of pollution, and
enhancement of the environment.
Sec. 12 -1 -3: Definitions.
For purposes of this Chapter, the following words shall have the following meaning,
unless the context clearly indicates otherwise:
jaj "Developer" means an owner or owners of one or more parcels of real
property intending to undertake a development which changes the scope, type or amount
of improvements on the real property.
JW "Director' means the Director of the Department of Public Works or the
Director's Designee.
u "Grant" means a cash payment of public funds or contribution of money
made directly to the stormwater utility enterprise by a state or local governmental entity, or
district, which is not required to be repaid. "Grant" does not include public funds paid or
advanced to the stormwater utility enterprise in consideration for the provision of any goods,
services, facilities, rights or interest by the stormwater utility enterprise to a state or local
governmental entity, or district, nor does "grant" include refunds made in the current or next
fiscal year, gifts, any payments directly or indirectly from federal funds or earnings on
federal funds whether or not the state or local governmental entity, or district acts as a
conduit for such payments, collections for another governmental entity, and any other
payments or revenue excluded from the definition of "grant" under the Colorado constitution
or law.
"Impervious surface" means surfaces on or in real property where the rate of
infiltration of stormwater into the earth has been reduced by improvements.
(e) "Improvement" means any works of man or manmade change to real
pooperty including but not limited to building or other structures, streets, parking lots,
driveways, patio areas, roofs, sidewalks, storage areas, paving, and compacted surfaces.
of "Major stormwater facilities" means those stormwater facilities within each
drainage basin identified and described as major stormwater facilities in the official master
drainage plan of the City, and until adoption of the official master drainage plan of the Citv
by the City Council "major stormwater facilities" means those stormwater facilities identified
and described as maior stormwater facilities in a developer's master drainage plan for the
real property being developed meeting the standards and criteria established by the Storm
Drainage Criteria and Policies and approved by the Director.
j9,) "Project costs" means those costs of administration, operation, management,
planning financing engineering construction maintenance reconstruction replacement
right -of -way acquisition contingencies fiscal and legal costs of stormwater facilities
including those costs to comply with federal, state or City laws regulating stormwater
facilities or runoff.
(h) "Revenue bonds" means bonds, notes or other obligations lawfully issued or
otherwise contracted for, payable from the revenues to be derived from the functions,
services, benefits, or facilities of the stormwater utility enterprise or from other available
funds of the stormwater utility enterprise.
0) "Runofr' means that part of snowfall, rainfall or other stormwater which is not
absorbed, transpirated, evaporated, or left in surface depressions, and which then flows
controlled or uncontrolled into a watercourse or body of water.
M "Storm Drainage Criteria and Policies" means the Storm Drainage Criteria
and Drainage Policies For The City of Pueblo. Colorado, dated June 9, 1997, and as same
may be subsequently amended by resolution by the City Council.
Ikl "Stormwater facilities" means any one or more of the various devices used in
the collection, disposition, or treatment of storm, flood or surface drainage waters, including
manmade structures and natural watercourses for the conveyance of runoff, such as:
conduits and appurtenant features, canals, ditches, streams, gulches, gullies, flumes,
culverts, streets, curbs, gufters, detention areas, pumping stations, pipes and related
equipment and appurtenances: all extensions, improvements, remodeling, additions and
alterations thereof; and any and all rights or interest in such stormwater facilities.
Sec. 12 -14: Stormwater utility enterprise.
(a) There is hereby created a stormwater utility in the Department of Public
Works.
The stormwater utility shall constitute an enterprise empowered to
coordinate, design, conduct, manage, operate and maintain the stormwater and flood
management systems and stormwater facilities of the City and to implement the provisions
of this Chapter. The stormwater utility enterprise is authorized to issue its own revenue
bonds. The enterprise shall be wholly owned by the City and operated in accordance with
applicable ordinances and resolutions of the City and other applicable law.
u The City Council shall act ex officio as the governing body of the stormwater
utility enterprise.
LM The stormwater utility enterprise shall at all times and in all ways conduct its
affairs so as to continue to qualify as a "water activity enterprise" within the meaning of
Section 37 -45.1 -102 C.R.S., and as an "enterprise" within the meaning of Section 20 of
Article X of the Colorado Constitution. Specifically, but not by way of limitation, the
stormwater utility enterprise is not authorized and shall not receive ten percent or more of
its annual revenue in grants. So long as the stormwater utility enterprise continues to
gualify as a "water activity enterprise" and as an "enterprise," the stormwater utility
enterprise and all spending and revenue thereof shall not be subject to section 20 of Article
X of the Colorado constitution.
Sec. 12 -1 -5: Imposition of a stormwater utility service charge.
(aj There is hereby imposed on each and every lot or parcel of improved real
property containing an impervious surface within the City, and the owners thereof, except
as specifically hereinafter provided a stormwater utility service charge. This charge is
deemed reasonable and is necessary for (1) the project costs of existing City stormwater
facilities, and (2) the project cost of future City stormwater facilities. All of the proceeds of
these service charges are deemed to be in payment for the availability and use of the City's
stormwater facilities by the real property on, and with respect to, which the service charge is
imposed, and the owners thereof.
(b) All public highways, roadways, streets, alleys, sidewalks, bikepaths,
parks, open- spaces and golf courses, and railroad rights of way used
for trackage are deemed to be part of the City's stormwater facilities
and shall be exempt from all charges and fees imposed by this
Chapter. Such exemption shall not apply to public parking lots,
driveways, service drives, drive aisles, or internal site roadways and
sidewalks.
Sec. 12 -1 -6: Determination of stormwater utility service charges.
La) 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
Lot Size Service Charge
up to 5,000 sq. feet $2.00
5.001 to 10,000 sq. feet $3.50
in excess of 10.000 sq. fee $6.75
u For all other improved real property regardless of ownership or use,
the monthly stormwater service charge shall be determined by dividing the square
property is served by a stormwater detention facility adeguately maintained by
property owners other than the City, the Director shall reduce the stormwater utility
charge for such property by sixty (60) percent.
u 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 or more of the following methods:
W 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
L3) estimation calculation and computation of the impervious surfaces
using aerial photography or photogrammetrV 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 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.
Sec. 12 -1 -7: Stormwater utility fund.
u There is hereby created pursuant to Section 7 -21 of the Charter a special
fund designated as the "Stormwater Utility Fund" which shall be separate and segregated
from all other City funds. All stormwater utility service charges paid and collected pursuant
to this Chapter shall be credited and deposited into the Stormwater Utility Fund and shall
not be transferred therefrom to any other account of the City or used for any purpose
except to pav project costs.
Funds on deposit in the Stormwater Utility Fund and income earned thereon
shall be allocated and apportioned in the following percentages to project costs:
Project costs Percentage
Capital improvements
u Funds on deposit in the Stormwater Utility Fund shall be invested as
permitted by law.
ja) The annual budget for the Department of Public Works shall include a
proposed budget for eroiect costs for the ensuing budget year. There shall also be included
in the annual budget a statement of all amounts in the Stormwater Utility Fund and
estimated revenues for the ensuing budget year. The annual budget and appropriations of
funds on deposit in the Stormwater Utility Fund as finally adopted by the City Council by
ordinance may vary, alter or amend the allocations and percentages set forth in section 12-
1 -7(bb) above.
Sec. 12 -1 -8: Stormwater utility enterprise debt issuance.
u The stormwater utility enterprise is authorized to issue revenue bonds for the
Payment or other financing of eligible project costs or for the purpose of refunding any
revenue bonds issued for such purpose Such bonds shall be authorized by ordinance
adopted by the City Council in the same manner as other ordinances of the City.
(existing stormwater facilities)
47%
L2)
Stormwater quality program
(NPDES Permit)
15%
j�
Maintenance
18%
Operations
12%
(5)
Planning
8%
u Funds on deposit in the Stormwater Utility Fund shall be invested as
permitted by law.
ja) The annual budget for the Department of Public Works shall include a
proposed budget for eroiect costs for the ensuing budget year. There shall also be included
in the annual budget a statement of all amounts in the Stormwater Utility Fund and
estimated revenues for the ensuing budget year. The annual budget and appropriations of
funds on deposit in the Stormwater Utility Fund as finally adopted by the City Council by
ordinance may vary, alter or amend the allocations and percentages set forth in section 12-
1 -7(bb) above.
Sec. 12 -1 -8: Stormwater utility enterprise debt issuance.
u The stormwater utility enterprise is authorized to issue revenue bonds for the
Payment or other financing of eligible project costs or for the purpose of refunding any
revenue bonds issued for such purpose Such bonds shall be authorized by ordinance
adopted by the City Council in the same manner as other ordinances of the City.
u The terms, conditions, and details of revenue bonds, the procedures related
thereto, and the refunding thereof shall be set forth in the ordinance authorizing the
revenue bonds. Each bond issued under this section shall recite in substance that said
bond, including the interest thereon, is payable from the revenues and other available funds
of the stormwater utility enterprise pledged for the payment thereof. Notwithstanding any
other provision of law to the contrary, such revenue bonds may be issued to mature at such
times not beyond thirty years from their respective issue dates, shall bear interest at such
rates, and shall be sold at private or public sale at, above, or below the principal amount
thereof, all as shall be determined by the City Council. The powers provided in this section
shall be in addition to and shall not modify, limit, or affect the powers conferred by any other
law, either directly or indirectly.
Lcj The City may sledge all or any portion of the Stormwater Utility Fund,
including revenues anticipated to be collected, to the payment of principal, interest,
premiums, if any, and reserves for revenue bonds, issued for the payment or other
financing of eligible project costs, or for the purpose of refunding any revenue bonds issued
for such purposes.
Sec. 12 -1 -9: Master and stormwater basin drainage plans.
Lal The Director shall, as soon as is practicable and subiect to funds from the
Stormwater Utility Fund being budgeted and appropriated for such purpose, formulate and
develop a master drainage plan for the City. The master drainage plan shall, based on
expert engineering studies, set forth the location of all stormwater facilities in each
stormwater basin within the City including those facilities which presently exist and those
which are planned to be constructed in the future.
(b) The master drainage plan shall (1) identify and delineate the boundaries of
each stormwater basin within the City, (_2) identify and describe all
major drainage ways within each stormwater basin, and (3) identify
and describe all stormwater facilities including major stormwater
facilities reauired to provide for drainage and control of runoff within
each basin to carry the runoff to the designated points of outflow or
discharge. The studies of future needs shall be based upon land use
as projected by the City's comprehensive plan.
u The Director shall make such additional studies as may be necessary to
determine the most cost - effective approach and the estimated costs of constructing the
stormwater facilities in each stormwater basin shown on the master plan which do not exist.
u The master drainage plan shall not be considered to be the official master
drainage plan of the City until and unless it shall have been first adopted by resolution by
the City Council.
Sec. 12 -1 -10: Developer's obligation.
u Each developer of real property within the City shall provide all necessary
stormwater facilities to ensure adequate drainage and control of runoff to, on and from such
real property including without limitation the construction and installation of all on -site and
off -site stormwater facilities including major stormwater facilities (1) in conformity and
compliance with the standards established by the Storm Drainage Criteria and Policies. and
(2) meeting the requirements of the official master drainage plan of the City, and until
adoption of the official master drainage plan of the City, meeting the requirements of the
developer's master drainage plan for the real property being developed and approved by
the Director.
No owner of real property being developed through which a natural drainage
way flows as shown on the master drainage plan shall obtain a building_ permit to develop
the real property, unless the owner first grants to the City at no charge a permanent
easement to construct, maintain, repair, and reconstruct the stormwater drainage channel
along the drainage way.
Sec. 12 -1 -11: Billing, collection and liens.
u Stormwater utility service charges shall be billed to the owner or occupant of
the property by the tenth of the month following the close of a billing cycle. The obligation
to pay such bill shall not be affected by the failure of the owner or occupant to receive a
statement for services.
,(W Full payment of stormwater utility service charges shall be due and payable
on the last day of the month which immediately follows the close of a billing cycle.
Stormwater utility service charges not paid by the due date shall be considered delinquent.
A delinquent charge established by resolution of the City Council shall be assessed upon
stormwater utility service charges not paid in full by 5:00 g.m. on the third business day
following the date due.
(c) Sanitary sewer services are subiect to termination and disconnection when
stormwater utility charges remain delinquent for more than sixty (60) days. An additional
delinquent charge, as determined by resolution of the City Council, shall be assessed on
the date that the sanitary sewer services are subject to termination and disconnection for
non - payment of the stormwater utility service charges.
The City Council hereby finds and determines that it is the policy of the City
that all stormwater facilities furnished, supplied and made available by the City are and
shall be deemed to be supplied, furnished and made available to the real property served
without regard to the person billed for the stormwater utility service charge.
(e) All unpaid stormwater utility service charges, plus delinquent charges, shall
constitute a perpetual lien against the real property served having priority over all other
liens except general tax liens.
u The Director of Finance shall cause a notice of the lien, stating the amount of
the due and unpaid stormwater utility service charges plus delinquent charges, and
describing the property served to be recorded in the office of the Pueblo County Clerk and
Recorder.
LM The Director of Finance is authorized and empowered to certify to the
County_ Treasurer the amount of the due and unpaid stormwater utility service charges and
delinquent charges describing the property served upon which the lien is imposed, which
shall be collected and paid over to the City by the County Treasurer in the same manner
authorized for the collection of delinquent general property taxes.
u The City may treat any unpaid stormwater utility service charges, and
delinquent chards as a debt due the City and may recover the amount thereof from the
owner and /or occupant of the property being charged such stormwater utility service
charge.
jib The remedies for the collection of the delinquent stormwater utility service
charges are cumulative and the exercise of one shall not bar the exercise of any other. The
remedies herein provided shall be in addition to any other lawful remedies for the collection
thereof.
Sec. 12 -1 -12: Administration and review.
Ua The administration of the provisions of this Chapter is vested in and shall be
exercised by the Director who may prescribe forms and rules and regulations in conformity
with this Chapter for the proper administration and enforcement of this Chapter. The
Director may delegate the administration of this Chapter, or any part thereof, to duly
gualified persons in the Department of Public Works. (b) Every decision or determination
of the Director shall be in writing and notice thereof shall be served upon or mailed by first
class mail, postage grepaid. to the affected person at his or her address shown on the
records of the Department of Public Works. Service by first class mail as provided herein
shall be conclusive evidence of service of such decision or determination. The decision or
determination of the Director shall be final and conclusive upon the affected person unless
he or she timely files a petition for hearing.
Lc) Any person aggrieved by any decision or determination of the Director may
petition the Director for a hearing on revision or modification of such decision or
determination no later than thirty (30) days after notice thereof is served on the aggrieved
person.
u Such petition shall be verified in writing upon forms approved by the Director
and specify in detail the aggrieved person's reasons and grounds for revision or
modification. The petition shall be accompanied by all documents or other evidence
supporting the petition.
u The Director shall schedule a hearing on the petition not less than sixty (60)
days from the date the Director receives the petition. The Director may designate a
representative of the City as the hearing officer.
M The hearing shall take place at the time, date and location specified by the
Director in the notice of hearing. Notice of the hearing shall be given to the petitioner by
first class mail addressed to the petitioner at his or her address shown in the petition. The
hearing shall be conducted in accordance with the rules and regulations issued by the
Director. The petitioner shall have the burden of proof Failure to timely file a petition or the
failure of the petitioner or his or her representative to appear at the hearing shall constitute
and be deemed to be a waiver of the right to a hearing by the aggrieved person.
Lq) Within thirty (30) days after the hearing, the Director or hearing officer shall
make findings of fact based upon relevant and competent information and evidence
submitted at the hearing. The Director shall make a decision or determination based upon
such findings, and, if appropriate, modify his prior decision or determination accordingly.
The decision or determination by the Director after hearing shall be final and conclusive
upon the petitioner subject only to judicial review pursuant to Rule 106(a)(4) of the Colorado
Rules of Procedure.
A petition may be filed only once in connection with any decision or
determination of the Director.
Sec. 12 -1 -13: Nonliability of Ci!y.
Runoff may occur which exceeds the capacity of City's stormwater facilities. This
Chapter does not imply that real property liable for the charges and fees established herein
will be free from runoff or flood damaqe. Nor shall this Chapter create any liability on the
part of, or cause of action against, the City or r any officer or employee thereof for runoff or
flood damage. This Chapter does not purport to reduce the need or necessity for obtaining
flood insurance.
Sec. 12 -1 -14: Violations and penalties.
It shall be unlawful for any person to violate, disobey, neglect, omit or refuse to
comply with or resist the enforcement of any provision of this Chapter or to fail to pay any
charge or fee imposed by this Chapter, and upon conviction thereof, shall be punished as
provided in Section 1 -2 -1 of this Code. Each day such violation shall continue shall be
deemed a separate offense.
Sec. 12 -1 -15: Cooperation with the County.
(a) City shall cooperate with Pueblo County in providing stormwater facilities in
stormwater basins, or parts thereof, extending from the County into the City and from the
City into the County, and in general to carry out the drainage plans, if any, developed
therefor.
(b) City expresses its willingness to enter into an intergovernmental agreement
with Pueblo County to establish a joint stormwater technical committee to review and
recommend joint stormwater facilities, priorities and cost - sharing thereof to City Council and
Board of County Commissioners of Pueblo County, Colorado.
Sec. 12 -1 -16: Amendments.
The City Council may by ordinance modify, alter, amend or repeal any and all
provisions of this Chapter including, without limitation the stormwater utility service charge
and the stormwater utility plant investment fee, and their method of determination and
computation payment and procedures with respect to the collection thereof.
SECTION 2
If any section, provision, paragraph, clause or phrase of this Ordinance is held or decided to
be unconstitutional, invalid or enforceable for any reason, such decision shall not affect the
constitutionality, validity or enforceability of the remaining portions of this Ordinance.
SECTION 3
All other ordinances or portions thereof inconsistent or conflicting with this Ordinance or any
portion hereof are hereby repealed to the extent of such inconsistency or conflict.
SECTION 4
The City Council finds that this Ordinance is necessary for the immediate preservation of
the public health, safety and welfare.
SECTION 5
Ordinance No. 6867 is hereby repealed in its entirety provided that any and all acts
heretofore taken pursuant to the provisions and authority of Ordinance No. 6867 shall remain valid
and enforceable.
SECTION 6
This Ordinance shall become effective June 1, 2003.
INTRODUCED November 11, 2002
BY AI Gurule
Councilperson
APPROVED. I
resident of City Council
ATTEST:
. (1
City C � r
PASSED AND APPROVED: November 25, 2002