HomeMy WebLinkAbout07070ORDINANCE NO. 7070
AN ORDINANCE AMENDING CHAPTER 12, TITLE XVI OF THE PUEBLO MUNICIPAL CODE
RELATING TO STORMWATER UTILITY AND STORMWATER UTILITY SERVICE CHARGES
BE IT ORDAINED BY THE CITY COUNCIL OF PUEBLO, that: (brackets indicate matter
deleted, underscoring indicates matter added)
SECTION 1
Subsection (a) of Section 16 -12 -6 of the Pueblo Municipal Code is amended to read:
(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:
Lot Size Impervious Surface
[up to 5,000 sq. feet
5,001 to 10,000 sq. feet
in excess of 10,000 sq. feet
Monthly
Service Charge
$2.00
$3.50
$6.75]
up to 2,000 sq. feet $2.00
2,001 to 4,000 sq. feet $3.50
in excess of 4,000 sq. feet $6.25
(2) For all other improved real property regardless of ownership or use,
the monthly stormwater service charge shall be determined by dividing the square
feet of impervious surface in and on the real property as determined by the Director
by [3,400] 2,865 and then multiplying the quotient thereof by $3.50. If the improved
real property is serviced 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 (60) percent.
SECTION 2
Subsection (b) of Section 16 -12 -7 of the Pueblo Municipal Code is amended to read:
(b) 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
[(1) Capital improvements
(existing stormwater facilities)
47%
(2)
Stormwater quality program
(NPDES Permit)
15%
(3)
Maintenance
18%
(4)
Operations
12%
(5)
Planning
8 %]
Capital Improvements
(planning studies and existing
stormwater facilities) 37.75%
(2) Stormwater quality program
(NPDES Permit
Program Maintenance 28.00%
(3) Routine Maintenance 13.00%
(4) Operations (billing, receivables,
accounting, customer service,
permits, inspection, review 9.00%
(5) Operating and Emergency Reserves 6.00%
(6) Administrative Services 6.25%
SECTION 3_
Section 16 -12 -10 of the Pueblo Municipal Code is amended by the addition of the following
new subsection (c):
(c) Upon the completion of the design of all detention facilities, the developer will submit
documentation outlining the terms of facility maintenance certified as accurate by a
licensed qualified engineer which shall ensure proper working order of the facility and
maintenance access. This documentation will be included in the drainage report and
incorporated in a maintenance agreement, if appropriate. The proposed maintenance
program for the facilities shall be structured as follows:
(1) Detention facilities serving solely commercial or industrial sites will be privately
owned and maintained. If these facilities are maintained to the standards
outlined by the maintenance agreement, the property will qualify for a reduction
in stormwater utility service charges pursuant to Section 16 -12 -6 (a)(2).
(2) Detention facilities serving residential lots will be maintained by the Home
Owners Association (HOA) when an established HOA operates and /or
maintains common interests. If these facilities are maintained to the standards
outlined by the maintenance agreement, the property will qualify for a reduction
in stormwater utility service charges pursuant to Section 16- 12- 6(a)(2).
(3) Detention facilities serving residential lots when an HOA does not exist to
operate and /or maintain common interests will be maintained by the City and
reduction in stormwater utility service charges will not be given.
(4) Existing non - commercial /industrial detention facilities serving residential
development under private ownership will be accepted by the City if the facility
is in proper working order and qualifies under the required maintenance
standards and maintenance access. Reduction in stormwater utility service
charges will not be given.
(5) The City will encourage joint use and regional facilities which will be
maintained by the Parks Department with the stormwater utilitv oavina a oro-
rated share of maintenance costs
(6) Detention facilities implemented during construction will be maintained by the
developer until proper working order is established and approved by the City.
In the case of phased development or construction, the developer will be
responsible for sediment removal until eight (80) percent of the last phase of
the development or construction is complete.
(7) The City will inspect all facilities on an annual basis to ensure proper
maintenance is being implemented.
SECTION 4.
Subsections (a), (b), and (h) of Section 16 -12 -11 of the Pueblo Municipal Code are
amended to read as follows:
(a) 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.] monthly in
arrears in accordance with billing procedures adopted by the Director The obligation
to pay such bill shall not be affected by the failure of the owner or occupant to receive a
statement for services.
(b) Full payment of stormwater utility service charges shall be due and payable [by the
tenth of the month following the close of a billing cycle] within then (10) days after the
date of billing. A delinquent charge established by resolution by City Council shall be
assessed upon stormwater utility charges not paid in full [by 5:00 p.m. on the third
business date following the due date] within fifteen (150 days after the date of the
billing.
(h) The City may treat [any] unpaid stormwater utility service charges, and delinquent
charges, as a debt due the City and may recover the amount thereof together with all
collection charges including reasonable attorney fees from the owner and /or occupant
of the property being charged such stormwater utility service charge.
.q Fr.TInN
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 portion of this Ordinance.
.q FrTInN R
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.
.q FrTInN 7
The City Council finds that this Ordinance is necessary for the immediate preservation of
the public health, safety, and welfare.
SECTION 8.
This Ordinance shall become effective November 1, 2003.
INTRODUCED October 14, 2003
BY AI Gurule
Councilperson
APPROVED:
President of City Council
ATTEST:
N EW
•
PASSED AND APPROVED October 27, 2003