Loading...
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