HomeMy WebLinkAbout2018 Ordinance No. 033BY AUTHORITY
ORDINANCE NO. 33
SERIES OF 2018
COUNCIL BILL NO. 40
INTRODUCED BY COUNCIL
MEMBER RUSSELL
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,
2019:
STORMWATER FEE BILLING CYCLE
Residential = $13 .16 Quarterly
Commercial= $0.0110 per square
Annual
foot of impervious surface
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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. 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 19 th day of November, 2018.
Published by Title as a Bill for an Ordinance in the City's official newspaper on the 22 nd day of
November, 2018.
Published as a Bill for an Ordinance on the City's official website beginning on the 21 st day of
November, 2018.
Read by Title and passed on final reading on the 3rd day of December, 2018.
Published by Title in the City's official newspaper as Ordinance No.33, Series of 2018, on the 6th day
of December, 2018.
Published by title on the City's official website beginning on the 5th day of December, 2018 for thirty
(30) days.
This Ordinance shall take effect thirty (30) days after publication following final passage.
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.
33, Series of 2018.
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