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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