HomeMy WebLinkAbout2018 Ordinance No. 031ORDINANCE NO. 31
SERIES OF 2018
BY AUTHORITY
COUNCIL BILL NO. 38
INTRODUCED BY COUNCIL
MEMBER WINK
AN ORDINANCE AMENDING TITLE 12, CHAPTER 5, SECTION 4 OF
THE ENGLEWOOD MUNICIPAL CODE 2000, REGARDING STORM
WATER UTILITY AND ENTERPRISE FUND USER FEES.
WHEREAS, Title 12, Chapter 5 of the Englewood Municipal Code provides for the collection
of a stonn drainage service charge for those purposes set forth within Section 4(B);
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; and
WHEREAS, The Storm Water Enterprise Fund utilizes all monies collected to make
expenditures for the purpose of:
1. Construction, installation, repair, maintenance, improvement, replacement and
reconstruction of drainage facilities in the City and all other facilities necessary to adequately
handle storm waters in the City.
2. The purchase of interests, including, without limitation, ownership and easements, in
land that may be necessary to implement the purposes of this Chapter, including, without
limitation, land for installation and construction of drainage facilities that are reasonably
required for the proper handling of storm waters in the City.
3. Funding of all costs, including, but not limited to, administrative costs, studies,
equipment, consultants, laboratory testing, personnel costs, and system improvements,
needed to complete the studies and management programs necessary to bring the City's
stonn water discharges into compliance with all State and Federal regulations and the
requirement of the City as contained herein.
4. Reimbursing of other City fund divisions for expenses incurred in the operation, repair
and maintenance of the City's storm water system. All reimbursements must be proportional
to services rendered by other departments, and, likewise, proportional credits shall be
received for services rendered to other departments by the Storm Water Utility.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
ENGLEWOOD, COLORADO, AS FOLLOWS:
Section 1. Amendment of Title 12. Chapter 5. Section 4. The City Council of the City of Englewood,
Colorado hereby authorizes Title 12, Chapter 5, Section 4 of the Englewood Municipal Code to be
amended as follows, to become effective January I, 2019:
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12-5-4: User Fees.
A. There is hereby imposed on every lot or parcel of land within the City a storm drainage
service charge. The storm drainage service charge shall be reviewed annually and set from
time to time by ordinance of the City Council and shall be based upon the impervious area
of the lot or parcel.
B. The Storm Water Enterprise Fund shall hold all monies received by the City under this
Chapter in a separate account and make expenditures thereof only for the purpose of:
l. Construction, installation, repair, maintenance, improvement, replacement and
reconstruction of drainage facilities in the City and all other facilities necessary to
adequately handle storm waters in the City.
2. The purchase of interests, including, without limitation, ownership and easements, in
land that may be necessary to implement the purposes of this Chapter, including,
without limitation, land for installation and construction of drainage facilities that are
reasonably required for the proper handling of storm waters in the City.
3. Funding of all costs, including, but not limited to, administrative costs, studies,
equipment, consultants, laboratory testing, personnel costs, and system improvements,
needed to complete the studies and management programs necessary to bring the
City's storm water discharges into compliance with all State and Federal regulations
and the requirement of the City as contained herein.
4. Reimbursing of other City fund divisions for expenses incurred in the operation, repair
and maintenance of the City's storm water system. All reimbursements must be
proportional to services rendered by other departments, and, likewise, proportional
credits shall be received for services rendered to other departments by the Storm Water
Utility.
C. The City may pledge storm water fees collected under this Chapter, and those anticipated
to be collected, to the retirement of the principal and interest of revenue or general
obligation bonds issued by the City for financing any of the activities of this Chapter.
D. The City may pledge fees collected under this Chapter, and those anticipated to be
collected, to participate with other public entities, having a common interest, in storm water
discharge projects, studies and management programs.
E. The Englewood City Council shalLestablish _QY ___ ordinance those charges.set _forth _within this
Chapter for ~torm _draina~ service, _Such _charg_es shall be rnaintained _in.the_Ci 1_y:s Rate and Fee
Schedule. heFeby gi•,•es apprn·,•al foF establishH1ent of the following Stoffil WateF UseFs fees:
Single Famil)' Residential: Flat rate chaFge of siKteen dollaFs and sb,ty sb, cents
($1 e.ae) peF yeaF to be billeel eJHarteFly with the 'NateF anel seweF hilling.
All otheF el asses of eustoH1eFs ,..,.m be billed $0.00554 tJCF seiuaFe foot of iHlpert'ious
area ·within theiF tJFOperty boundaFies ·Nith a Hlinimum annual billing of sb.:teen
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elollaFs aAEI sh.:ty sh. eeAts ($16.66) to be billeel q1:1aFterly with tke wateF aAEI seweF
billiAg.
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 I, 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. E.M.C. Title 12,
Chapter 5, Section 6, sets forth enforcement measures for failure to pay the assessed storm water fees,
including imposing a lien upon property for nonpayment. E.M.C. Title 12, Chapter 5, Section 6, sets forth
enforcement measures for failure to pay the assessed storm water utility and enterprise fund fees, including
placing a lien upon the billed property.
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.
Introduced, read in full, and passed on first reading on the 5d• day of November, 2018.
Published by Title as a Bill for an Ordinance in the City's official newspaper on the 81h day of
November, 2018.
Published as a Bill for an Ordinance on the City's official website beginning on the 7111 day of
November, 2018.
Read by Title and passed on final reading on the 19111 day of November, 2018.
Published by Title in the C ity's official newspaper as Ordinance No. 31, Series of 2018, on the
22nd day of November, 2018 .
Published by title on the City's official website beginning on the 21 •1 day of November, 2018 for
thirty (30) days.
This Ordinance shall take effect thirty (30) days after publication following final passage.
~1Jdu/(J~
Linda Olson, Mayor
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ATTEST:
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.
31, Series of 2018.
~Carlile
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