HomeMy WebLinkAbout17-69ORDINANCE NO. 17-69
AN ORDINANCE AMENDING SECTIONS OF ARTICLE 8
(STORMWATER ENTERPRISE) OF CHAPTER 14
(MUNICIPAL ENTERPRISES) OF THE CODE OF THE
CITY OF COLORADO SPRINGS 2001, AS AMENDED,
PERTAINING TO THE STORMWATER ENTERPRISE AND
STORMWATER SERVICE FEES
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF COLORADO
SPRINGS:
Section 1. Section 102 (Functions and Activities), Section 103
(Delegation of Authority), Section 105 (Stormwater Advisory Committee), Section
107 (Stormwater Service Fee), and Section 109 (Determination and Collection of
Fees and Enforcement) of Article 8, (Stormwater Enterprise) of Chapter 14
(Municipal Enterprises) of the Code of the City of Colorado Springs 2001, as
amended, are amended to read as follows:
14.8,102: FUNCTIONS AND ACTIVITIES:
The enterprise shall perform the following functions:
A. Provide funding for administration and enforcement of the City's National
Pollutant Discharge Elimination System (NPDES) municipal separate storm sewer
(MS4) #eFmwGt9F permit.
G. Cooperate with Federal and State agencies and Municipal, County and
other local governments ' , including but not limited to
compliance with intergovernmental agreements.
H. Collect and manage all enterprise stormwater service fees and charges
imposed pursuant to this Article.
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17-69 | Ordinances & Resolutions | Ordinance | Imported | 44768 | 12/31/2017 | 12/31/2017 | 17-69
14.8.103: DELEGATION OF AUTHORITY:
The City's Water Resources Engineering Manager shall serve as the
Stormwater Enterprise Manager ("SE Manager") and shall be responsible for the
administration and management of the enterprise.
14.8.105: STORMWATER ADVISORY COMMITTEE:
A. City Council shall appoint the members of shGI1 Gpp a Stormwater
Advisory Committee to provide City Council with:
1. Citizen input regarding the stormwater system and
operation of the enterprise.
2. Advice and recommendations, from time to time, on the spec-IfIE
projects #ypes to be undertaken by
the
enterprise.
B. The Stormwater Advisory Committee shall comply with the provisions of
City Charter, this Code and the rules and procedures of City Council. All
members shall serve at City Council's pleasure and under any terms and
conditions as City Council may determine.
C. The Stormwater Advisory Committee shall have seven (7)
members. The members of the Stormwater Advisory Committee shall be
composed of:
1. Two (2) members
(6) di6#IGt members, EQG14
who shall era --ems reside within
the City limits
with experience or training in civil
engineering, water law or water resources planning, flood control or
related fields;
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actively engaged in the business of property development or
homebuilding;
3. One (1)member who owns or represents a e commercial
property or tGfge business within the City limits;
MIN
T�"� One (1) members e who owns and resides in a single-
family residences within the City limits,
5. One (1) member who represents a public institution, school,
educational institution Mi#GPy bGS9 GF PGA or governmental entity that
owns property within the City limits;
7.6. One (1) member who represents a nonprofit organization located
within the City limits; and
14.8.107: STORMWATER SERVICE FEE:
A. A stormwater service fee, calculated as provided in subsection (D) of this
Section, or as increased as provided in Subsection (E) of this Section, shall be
imposed on each lot or parcel of real property within the City upon which any
improvement or development creates an impervious surface or surfaces
and upon the owners of the benefited real property. As used in
this article, the term "impervious surface" means a surface on or in real property
where the infiltration of stormwater into the earth has been reduced by
manmade improvements such as, but not limited to, buildings or other
structures, streets, parking lots, driveways, patio areas, roofs, sidewalks, paving
and compacted surfaces. The stormwater service fee shall only be used to pay
for the operation, maintenance, administration, capital improvements, MS4
Permit administration and compliance, and routine functions of the City
stormwater drainage system by the enterprise, and for the operation,
maintenance, capital improvements and administration of future stormwater
facilities which may be established within the City, or to pay for stormwater
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program expenses and improvements which are required by the terms of any
intergovernmental agreement entered into by the City prior to June 1, 2016, and
to pay for the design, right of way acquisition and construction or reconstruction
of existing and future City stormwater facilities. This
stormwater service fee is intended to constitute payment for use of the
stormwater system by the benefited real property upon which the stormwater
service fee is imposed and upon the owners of the benefited real property.
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M- -- -- --- - -- - -- - - - - ---- -.. _.- ._
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GB. The fees and charges may be billed to the
owner of a property, or to the lessee or other occupant of that property, Gs Q+ty
However, the
legal responsibility for payment of fees under this article shall always be the
obligation of the property owner. The owner's obligation to pay the stormwater
service fees shall be deemed satisfied to the extent that the lessee or other
occupant of the owner's property pays the fee due. Failure of a lessee or
occupant to pay a stormwater service fee shall not relieve the owner of liability
for and the duty to pay that fee to the enterprise on or before the date due. It is
at all times the property owner's duty to ascertain, know and pay the fees due
upon the owner's property. Any failure of the City to provide notice to the
property owner of the stormwater service fees due upon the owner's property
shall not relieve the owner of the duty and responsibility to pay those fees.
DC. * * *
3. The contiguous lots or parcels are all classified in the same property
category established pursuant to
subsection (D) of this Section.
D. Effective July 1, 2018, Stormwater service fees are hereby imposed upon all
improved or developed property within the City based upon the following
classifications of property as set forth in the table below:
Class of Property
Residential property:
Non -Residential property:
Fee Rate
$5.00 per dwelling unit/month
$30.00 per acre/month
E. Stormwater service fees as established in subsection (D) of this Section
may be increased by City Council by duly adopted City Council resolution only
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to the extent required to comply with a valid court order, federal or state
permits, federal or state laws, or any intergovernmental agreement to which the
City is a party which was entered into before June 1, 2016.
F. For individual parcels of improved or developed non-residential property
larger than five (5) acres in size, in determining the size in acres or portion of an
acre subject to the service fees, the SE Manager shall disregard contiguous
areas of substantial size which either (1) have not been improved and remain in
a natural state, or (2) which are improved only with pervious grass or vegetative
coverings, including park land, golf course playing areas, and grassed athletic
fields; provided, however, that this provision shall under no circumstances be
applied to exclude from the fees areas of grass and landscaping associated
with improvements or developments.
14.8,109: COLLECTION OF FEES AND ENFORCEMENT:
A. The City is authorized to invoice, bill and collect stormwater service fees
directly to the owners or occupants of property or to contract with Utilities to do
so. In the event billing and collection of Stormwater service fees, or any
component portion of such fees, is handled by Utilities, such charges shall be
deemed to constitute "user charges" and be subject to the collection
procedures and remedies provided in Sections 12.1.111 and 12.1.112 of this
Code, in the same manner as for wastewater utility services. In such case,
Utilities employees designated by the Executive Director shall have the same
powers and authority granted herein to City employees designated by the SE
Manager to take actions for collection of stormwater service fees and
enforcement.
AB. * * *
€C. * * *
IQD. * * *
DE. * * *
€ F . * * *
G. * * *
GH. * * *
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Section 2. This ordinance shall be in full force and effect from and after
its final adoption and publication as provided by Charter, provided, however,
that this ordinance shall not be deemed finally adopted until and unless
approved by a majority of the registered qualified electors of the City voting on
such question at the special municipal election held on November 7, 2017.
Section 3. Council deems it appropriate that this ordinance be
published by title and summary prepared by the City Clerk and that this
ordinance be available for inspection and acquisition in the office of the City
Clerk.
Introduced, read, passed on first reading and ordered published this 8rn
day of August, 2017.
Finally passed by City Council: August 22nd, 2 17
A/ J
l
Council President
Upon consideration by the registered qualified electors of the
City of Colorado Springs of the question of whether the
ordinance should be approved at the special municipal
election held on November 7, 2017, and the vote being:
Yes 6�) C511 votes
No 'A71 $ 8 b votes
the ordinance is deemed (finally passed and approved) (x c WMX
IG1111�011
LLyiiO q1)p� f4'
�'i111
Sarah B. Johrasor 5 CIVICl�r4�
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f'r4 iO R`PI�``1�,ti��
I HEREBY CERTIFY, that the foregoing ordinance entitled "AN ORDINANCE
AMENDING SECTIONS OF ARTICLE 8 (STORMWATER ENTERPRISE) OF CHAPTER
14 (MUNICIPAL ENTERPRISES) OF THE CODE OF THE CITY OF COLORADO
SPRINGS 2001, AS AMENDED, PERTAINING TO THE STORMWATER ENTERPRISE
AND STORMWATER SERVICE FEES" was introduced and read at a regular meeting of
the City Council of the City of Colorado Springs, held on August 8th, 2017; that said
ordinance was finally passed at a regular meeting of the City Council of said City, held
on the 22"d day of August, 2017, and that the same was published by title and
summary, in accordance with Section 3-80 of Article III of the Charter, in the Transcript,
a newspaper published and in general circulation in said City, at least ten days before
its passage. The Ordinance was referred to the electors and approved by vote of the
electors on November 7, 2017 by a vote of 55,511 voting in favor of approval and
47,883 voting against.
IN WITNESS WHEREOF, I have hereunto set my hand and affi�pA,thppeal of the
City, this 20th day of November, 2017. �```` o o SPq �•�
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.�66L A-r- OIL CP
Sarah B. Johnson, Cityirletk, Z y
1st Publication Date: August 111h, 2017
2"d Publication Date: August 25th�OR�������`�
, 2017 �``���
Effective Date: November 17th, 2017 Initial:
City Clerk