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HomeMy WebLinkAbout2021 Ordinance No. 0511 BY AUTHORITY ORDINANCE NO.51 COUNCIL BILL NO. 50 SERIES OF 2021 INTRODUCED BY COUNCIL MEMBER SIERRA AN ORDINANCE ESTABLISHING STORM WATER UTILITY AND ENTERPRISE FUND USER FEES IN ACCORDANCE WITH TITLE 12, CHAPTER 5, SECTION 4, SUBSECTION E, OF THE ENGLEWOOD MUNICIPAL CODE 2000. WHEREAS, Title 12, Chapter 5 of the Englewood Municipal Code provides for the collection of a storm drainage service charge for those purposes set forth within Section 4(B); WHEREAS, Title 12, Chapter 5, Section 4, Subsection E of the Englewood Municipal Code provides that the Englewood City Council shall establish by ordinance those charges set forth within the storm water utility and enterprise fund for storm drainage service, with such charges maintained within the City’s Rate and Fee Schedule.; and WHEREAS, Title 12, Chapter 5, Section 8 of the Englewood Municipal Code reminds all property owners that floods from storm water runoff may occasionally occur which exceed the capacity of storm water facilities constructed and maintained by funds made available under that Chapter, and that property liable for the fees and charges established by that Chapter will not always be free from flooding or flood damage. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ENGLEWOOD, COLORADO, AS FOLLOWS: Section 1. The City Council of the City of Englewood, Colorado hereby authorizes adoption of the following storm water utility and enterprise fund fees in accordance with Title 12, Chapter 5, Section 4, Subsection E of the Englewood Municipal Code 2000 to become effective January 1, 2022: STORMWATER FEE BILLING CYCLE Residential = $43.74 Quarterly (See 12-5-5(A)) Commercial = $0.0365 per square foot of impervious surface or $43.74 quarterly, whichever is greater Quarterly or Annually (See 12-5-5(A)) DocuSign Envelope ID: 709391CD-EF67-4AA3-AEA6-224097FA7EBE 2 Section 2. Notice of general provisions and findings applicable to interpretation and application of this Ordinance: Applicability of Title 1, Chapter 2, Saving Clause. The provisions of E.M.C. Title 1, Chapter 2, Saving Clause apply to interpretation and application of this Ordinance, unless otherwise set forth above, including, but not limited to, the provisions regarding severability, inconsistent ordinances or code provisions, effect of repeal or modification, and legislation not affected by repeal. Enforcement. E.M.C. Title 1, Chapter 4, “General Penalty” provisions mandate that except as otherwise provided within specific Titles, Chapters, or Sections of the Englewood Municipal Code, the violation of any provisions of the Code, or of any secondary code adopted therein, shall be punished by a fine not exceeding two thousand six hundred and fifty dollars ($2,650.00) or imprisonment for a term not exceeding three hundred sixty (360) days or by both such fine and imprisonment. Safety Clauses. The City Council hereby finds, determines, and declares that this Ordinance is promulgated under the general police power of the City of Englewood, that it is promulgated for the health, safety, and welfare of the public, and that this Ordinance is necessary for the preservation of health and safety and for the protection of public convenience and welfare. The City Council further determines that the Ordinance bears a rational relation to the proper legislative object sought to be obtained. This Safety Clause is not intended to affect a Citizen's right to challenge this Ordinance through referendum pursuant to City of Englewood Charter 47. Introduced, read in full, and passed on first reading on the 18th day of October, 2021. Published by Title as a Bill for an Ordinance in the City’s official newspaper on the 21st day of October, 2021. Published as a Bill for an Ordinance on the City’s official website beginning on the 20th day of October, 2021 for thirty (30) days. Read by Title and passed on final reading on the 1st day of November, 2021. Published by Title in the City’s official newspaper as Ordinance No. 51, Series of 2021, on the 4th day of November, 2021. Published by title on the City’s official website beginning on the 3rd day of November, 2021 for thirty (30) days. This Ordinance shall take effect thirty (30) days after publication following final passage. DocuSign Envelope ID: 709391CD-EF67-4AA3-AEA6-224097FA7EBE 3 Linda Olson, Mayor ATTEST: Stephanie Carlile, City Clerk I, Stephanie Carlile, City Clerk of the City of Englewood, Colorado, hereby certify that the above and foregoing is a true copy of the Ordinance passed on final reading and published by Title as Ordinance No. 51, Series of 2021. Stephanie Carlile DocuSign Envelope ID: 709391CD-EF67-4AA3-AEA6-224097FA7EBE