HomeMy WebLinkAbout1993 Ordinance No. 020••
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ORDINANCE NO.r!:fJ
SERIES OF 1993
BY AUTIJORITY
COUNCIL BILL NO . 13
INTRODUCED BY COUNCIL
MEMBER BULLOCK
AN ORDINANCE CREATING A STORM WATER ENTERPRI SE FUND FOR THE CITY
OF ENG LEWOOD, COLORADO . THE PURPOSE OF THIS ORDINANCE IS TO
PROTECT THE PUBLIC HEALTH, SAFETY AND WELFARE AN D TO COMPLY WITH
ALL APPLICABLE FEDERAL AND STATE LAWS WHICH REGU LATE THE
DISCHARGE OF STORM WATER INTO THE WATERS OF THE UN ITED STATES OR
WATERS OF THE STATE OF COLORADO BY REQUIRING THAT P OPERTY
OWNERS IN THE CITY PAY FOR A SHARE OF THE COST OF THE FACILITIES /\N D
PROGRAMS NECESSARY TO MANAGE STORM WATER RUN-OFF, BY CREATING IN
TITLE 12, A NEW CHAPTER 5 -STORM WATER FEES.
WHEREAS, in order to promote the public health, safety, and welfare by cont ro lling t'ie
drainage and characteristics of storm and surface water whi ch originate within th e Oit.y of
Englewood ; and
WHEREAS, to establish a Storm Water Utility and Storm Water Ent.erprise Fund to
finan ce, coordinate , design, con struct, mana ge, operate, and maintain the Storm Water
Sys te m; and
WHEREAS, in order to establish reasonabl e sto rm water management fees based on the
area of im pervious surface for each parcel and property in the City of Engl ewood ; and
WHEREAS, to reduce pollution, enhance the environment, and bring tho storm water
discha rges fr om the City of Englewood in to compliance with State and Feilt•al ,•g11l ati on s;
and
WHEREAS , the Engle wood City Counc il finds that each owner of a lot., parcel of real
prop erty within the City , should pay for the use and the availability ofuae of the Storm Water
Sys tem;
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY 0'.
ENGLEWOOD, COLORADO, AS FOLLOWS :
Sew.lm..l. Th e City Council of the City of Englewood, Colorado hereby approves the creation
of a Storm Water Enterprise Fund by adding a new Cha pter 5, to Title 12 of the Englewood
Munic ipal Code 1985, which shall read as follows :
12-5-1: RULES AND REGULATIONS; AMENDMENTS:
RUL ES AND REGULATIONS OF THE STORM WATE R ENTERPRISE FUND MAY BE
ALTERED , AMENDED, OR ADDED TO FROM TIME TO TIME BY APPROVAL OF THE
CITY COUNCIL. SUCH RULES AND REGULATIONS, TOGETHER WITH ·ALL
AMENDMENTS , SHALL BE AVAILABLE FOR INSPECTION AT THE OFFICE OF THE
UT ILITIES DEPARTMENT AND THE OFFICE OF THE CITY CLERK AT ALL
REASONABLE HOURS .
12-5-2 : STORM WATER lITJLITY:
A. THERE IS HEREBY CREATED A STORM WATER UTILITY WITHIN
THE UTILITIES DEPARTMENT, UNDER THE CONTROL OF THE CITY
MANAGER, 'i!!MP OWERED TO IMPLFMENT THE PROVISIONS OF THIS
ORDINANC E.
B. HE LllRECTOR OF UTILITIES, UNDER THE CITY MANAGER, SHALL
BE RES PONSIBLE FOR THE MANAGEMENT OF THE STORM WATER
UTILITY. THE DIRECTOR OF UTILITIES MAY PRESCRIBE FORMS
AND RULES AND REGULATIONS IN CONFORMITY WITH THIS
CHAPTER OR FOR THE ASCERTAINMENT, COMPUTATION AND
COLLECTION OF THE FEES AND CHARGES IMPOSED IN THIS
CHAPTER AND ANY FUTURE RESOLU ·:10NS OF THE CITY COUNCIL
AND FOR THE PROPER' ADMlNISTRATION AND ENFORCEMENT.
THE DIRECTOR MAY DELEGATE THE ADMINIST.RATl:>N Ol' THIS
CHAPTER OR ANY PART THEREOF, SUBJECT TO THF. LIMITATIONS
OF THE CHJ ,RTER AND CODE TO DULY QUALIFIED DEPUTIES AND
AGENTS OF THE DIRECTOR THE DIRECTOR SHALL BE
EMPOWERED TO MAKE DETERMINATIONS AS TO PROPER
RESOLUTION OF DISPUTES ARISING FROM THIS CHAPTER SUBJECT
TO APPEAL TO THE WATER AND SEWER BOARD.
12-~-i WA'l.ffi AND SEWER BOARD :
I
l . THE WATER AND SEWER BOARD SHALL ASSIST IN ADMINISTERING
THIS CHAPTER.
B. THE WATER AND SEWER BOARD SHALL REVIEW ALL RULES,
POLICIES, REGU I.ATIONS , FEES AND CHARGES PROPOSED BY THE
DIRECTOR OF UTILITIES AND FORWARD SUCH ·
RECOMMENDATIONS TO THE CITY COUNCIL FOR APPROVAL BY
ORDINANCE .
12-5-4 : USER FEES:
A. THERE IS HEREBY IMPOSED ON EVERY LO'f' OR PARCEL OF LAND
WITHIN THE CITY A STORM DRAINAGE SERVICE CHARGE. THE
STORM DRAINAGE SERVICE c,iARGE 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 MONIE S
RECEIVED BY THE CITY UNDEk THIS CHAPTER IN A SEPARATE
ACCOUNT AND MAKE EXPENDITURES THEREOF ONLY FOR THE
PURPOSE OF:
I. CONSTRUCTION, INSTALLATION , REPAIR, MAINTENANCE,
IMPROVEMENT , REPLACEMENT, AND RECONSTRUCTION OF
DRAINAGE FACILITIE.5 IN THE CITY AND ALL OTHER
FACILITIES NECESSARY TO ADEQUATELY HANDLE :'.,TORM
WATERS IN THE CITY.
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2 . TII F PURCHASE OF INTEREBTS, INCLUDING WITHOUT
LIMITATION, OWNERSHIP AND EASEMENTS, IN LAND THAT
MAY BE NECBSSARY TO IMPLEMENT THE PUJlPOSES OF THIS
CHAPTER, INCLUDING WITHOUT LIMITATION, LAND FOR
INSTALLATION AND CONSTRUCTION OF DRAINAGE
FACILITIES THAT ARE REASONABLY REQUIRED FOR THE
PROPER HAN!)LING OF STORM WATERS IN THE CITY.
3 . FUNDING OF ALL COSTS, INCLUDING BUT NOT LIMITED TO
ADMI JSTRATIVE COS1'S, STUDIES , EQUIPMENT,
CONSULTANTS, LABORATORY TESTING , PERSONNEL COSTS,
AND SYS1'F~I l~!PROVEMENTS, NEEDED TO COMPLETE THE
STUDIES .\Jm MANAGEMli."NT PROGRAMS N.€(,'ESSARY TO
BRING TH ~ITYS STORM WATER DISCHARGES IN10
COMPLIANCE WITH ALL STATE AN O FEDERAL
REGULATIONS AND THE REQUIREMENT OF THE CITY AS
CONTAINEJl PCREIN .
4 . REIMBURSl ~\I OF O'l'HeR CITY(.' ENGLEWOOD FUND
DIVISIONS FO R f:XPENSES INCURIU D IN THE OPERATION,
itEPAIR AND MAI NTENANCE OF THE CITY'S STORM WATER
SYSTEM . ALL REIMBURSEMENTS MUST BE PROPORTIONAL
TO SERVICES RENDERED BY OTHER DEPARTMENTS, AND,
' .KEWISE , PF.Ol J RTIONAL CREDITS SHALL BE RECEIVED
''OR SERVICES RENDERED TO OTHER DEPARTMENTS BY THE
STORM WATER UTILITY .
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 REV ENUE
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 CHAPT~R .
AND THOSE A.~TICIPATED TO BE COLLECTED, TO PARTICIPATE
WITH OTHER PUBLIC F.NTJTIES, HAVING A COMMON INTEREST , IN
STORM WATER DISCHARGE PROJECTS, STUDIES, AND
MANAGEMENT P -)IJRAMS .
12-5-5: BILLING AND PAYMENT OF FEES:
A. THE STORM WATER FEES SHALL BE BILLED AND COLLECTED WITH
THE QUAATERLY WATER AND SEWER BILL FOR THOSE LOTS OR
PARCELS OF LAND UTILIZING CITY UTILITIES AND BILLED AND
COLLECTED SEPARATELY AS STORM WATER UTILITY FEES FOR
THOSE LOTS OR PARCELS OF LAND NOT UTILIZING OTHER CITY
UTILITIES.
B. THE FEES CHA.'!GED IN EACH BILLING PERIOD ARE EFFECTIVE
UPON MAILING THE BILL OR NOTICE TO THE LAST KNOWN
ADDRESS OF THE UTI LITY USER SHOWN ON THE RECORDS OF THE
CITY"S UTILITIES DEPARTMENT .
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C. ALL CHARGES FOR ll'HE USE OF THE STORM WA':'ER UTILITY
PRF.SCIRIBED BY THIS CHAPl'KR ARE DUE WITHIN THIRTY(30) DAYS
AFTER THE DATE OF THE BILL AND ARE PAYABI.1'; AT THE OFFICt:
OF THE DIRECTOR OF FINANCIAL SERVICES .
D. WH.EN PAYMENT FOR CITY UTILITY SERVICES IS RECEIVED BY THE
CITY, THE CITY"S FINANCIAL OFFICER SHALL APPLY SAID
PAYMENT TO SATISFY ALL STORM WATER ENTERPRISE FUND
CHARGES FIRST , THEN SANITARY SEWER FUND CHARGES SHALL
BE SATISFIED NEXT, AND, LASTLY, WATER FUND CHARGES SHALL
BE SATISFIED, IN THAT ORDER.
12-5-6: DELINQUENCY AND COLLECTION:
A. FEES LEVIED IN ACCORDANCE WITH THIS CHAPTER SHALL BE PAID
WITHIN THIRTY (30) DAYS FROM THE DATE OF BILLING TO THE
CITY. IF THE BIL L IS NOT PAID WITHIN SIXTY (60) DAYS AFTER
BILLING , IT SHALL BE DEEMED DELINQUENT WHEREUPON A
TWENTY-FIVE (25 ) PERCENT SURCHARGE· SHALL BE IMPOSED FOR
COLLECTION SERVICES .
B . NON-PAYMENT : ALL FEES AND ANY ACCRUED SURCHARGES
SHALL BE A LIEN UPON THE BILLED PROPERTY FROM THE DATE
SAID FEES BECOME DUE UNTIL SAID FEES ARE PAID . THE OWNER
OF EVERY STIWCTURE OR PREMISES SHALL BE LIABLE FOR THE
FEES, WHICH LIEN OR LIABILITY MAY BE ENFORCED BY THE CITY
BY AN ACTION AT LAW OR SUIT TO ENFORCE THE LIEN . IN THE
CASE THE TENANT IN POSSESSION OF ANY PREMISES PAYS THE
FEES, IT SHALL RELIEVE THE PROPERTY OWNER FROM SUCH
OBLI GATIONS AND LIEN, BUT THE CITY SHALL NOT BE REQUIRED
TO SE.EK PAYMENT FROM ANY PERSON WHOMSOEVER OTHER
THAN THE, J>ROPERTY OWNER. NO CHANGE OF OWNERSHIP
SHAL L AF~CT THE APPLICATION OF THIS ORDINANCE, AND THE
?AILURE OF ANY OWNER TO DISCOVER THAT HE PURCHASED
PR0l'ERTY AGAINST WHICH A LIEN FOR FEES OR SURCHARGE
EXISTS SHALL IN NO WAY AFFECT HIS LIABILITY FOR SUCH
PAYMENT IN FULL. SAID DELINQUENT PAYMENTS, AND THE LIEN
CREATED THEREBY, SHALL BE ENFORCED BY ASSESSMENT UPON
'l'HE PROPERTY AND PREMISES SO SERVED AND CERTIFICATION
THE RE.Of' TO THE COUNTY TREASURER FOR COLLECTION .
12-5-7 : ADMINISTRATIVE REVIEW AND APPEALS:
ANY OWNER WHO DISPUTES THE AMOUNT OF THE CHARGES MADE PURSUANT
TO THIS CHAPTER , OR WHO DISPUTES ANY OTHER DETERMINATION MADE BY
OR ON BEHALF OF TH E CITY PURSUANT TO THIS CHAPTER MAY PETITION THE
DIRECTOR OF UTILITIES FOR A HEARING ON A REVISION OR MODIFICATION OF
SUCH CHARGE OR DETERMINATION NO LATER THAN THIRTY (30) DAYS AFTER
HAVING BEEN BILLED FOR SUCH CHARGE OR AFTER HAVING BEEN NOTIFIED OF
SUCH DETERMINATION. THE DIRECTOR OF UTILITIES MAY CONDUCT SUCH A
HEARING HIMSELF, OR AT HIS SOLE DISCRETION , MAY DESIGNATE AN OFFICER
OR EMPLOYEE OF THE CITY AS A HEARING OFFiCER WITH AUTHORITY TO HOLD
SUCH HEARINGS. SHOULD THE HEARING OFFICER FIND IN FAVOR OF THE
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UTILITY, THE OWNER MAY MAKE FURTHER APPEALS TO THE WATER AND
SEWER BOARD AND THEN 1'0 THE DISTRICT COURT .
12-5-8 : FLOOD INSURANCE :
FLOODS PROM STORM WATER RUN -OPP MAY OCCASIONALLY OCCUR WHICH
EXCEED THE CAPACITY OP STORM WATER FACILITIES CONSTRUCTED AND
MAINTAINED BY FUNDS MADE AVAILABLE UNDER THIS CHAPl'ER. THIS
CHAPTER DOES NOT IMPLY THAT PROPERTY LIABL~ POR THE PEES AND
CHARGES ESTABLISHF,D IN f!l CHAPTER WILL ALWAYS BE PREE FROM
FLOODING OR FLOOD J • .\.MAG E. "1'1118 CH'.APl'ER DOES NOT PURPORT TO REDUCE
THE NEED OR THE NECESSI, Y FOR THE OWNER OBTAINING FLOOD INSURANCE .
Introduced, read ir. '•;1, .,_,, ,)Hse~ on first readin& on the 6th day of April, 1993.
Published as a Bill for an Urdinam:e on the 8th day of April, 1993,
A Publ ic Hearing wa . held or. May 3, 1993.
Rea d by title and pa ssed on final reading on th e 3rd day of May, 19 3.
Published by Litl e as Ordinance No .,JcJ Series of 1993, on the 6th day of May , 1993 .
ATTEST :
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Patricia H. Crow , City Clerk
I, Patricia H. Crow, City Clerk of the City of Englewood, Co lorado, hereby certify that the
above and fo regoing is a t !fJ:, copy of the OrdinUlce passed on final reading and published
by title as Ordin ance No.,:t,l), Series of 1993.
azt,ti~L~LiHv
Patricia H. Crow
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<XXrlC1 CQlliVIIUICATION
Ode Agaldallllln albject Sto1TT1W11ter
Enterprise Fund
April 5, 19S/3 11 e
NTl,6.TEOBY Utilities Department
STAFF SOlRCE Stewart Fonda , Director of Utihues
ISS(EJACTION PROPOSED
StAff seeks Council support f~ r a bill for lll1 ordinance approving the proposed Stonnwater
Enterprise Fund.
l'RB'IOCJS<XXl'K1ACTION
This issue was discussed during Council study sessions on October 12, 1992 and February 8,
1993.
BACKGROC.M>
·;he development and implementAtion of 3 Stormwater Fund within the City of Englewood is the
re ~u lt of two major factors : Federal legislation mandating stormwater discharge permits, and lll1
opportunity to consolidate all the City stormwater functions within a single area with Its own
funding source . In 1987, amendments to the Federal Clean Water Act required municipalities to
obtain NPDES permits for the discharge of stormwater. In adclltion to obtaining permits, cities
and counties are also required by the regulations to eUminate non-stormwater cllscharges Into
stormwater systems, reduce municipal pollution discharges , and set priorities to control
individual stormwater pollution.
All the current maintenance, review and field locates performed by the City will be incorporated
into the proposed Stormwater Enterprise Fund , as will capital projects and major Une
rehabilitAtion .
STAPF AIW..Y81S
1he City currently maintains, oversees capital construction and rehabilitation and conducts plan
reviews and field locates for the City stormwater system . These functions have been funded by
the General Fund in the past Work on the req uired NPDES permit process has been funcled by
the Water and Sewer Enterprise Funds. The Stormwat r Enterprise Fund would integrate all
stormwater functions into a single Enterprise Fund .
Currently, stormwater costs are being fu nded by the General Fund , as wel! as the Wate r an d
Sewer Funds. With the creation of the Stormwater Enterprise Fund, stormwater operatkiri and
maintenance costs would all be paid from the Stormwater Enterprise Fund, and the F1.11..:l would
collect stormwater fees to pay for those expenses.
The expenses for the Stom ,water Fund for I 993 are estimated to be $ I 20,050, based Oil the
information currently avo:l=ble . The annual expenSP.s may differ significantly in su b~cquent years
and will be reviewed each year by Council during the budget process.
The collection o f Stormwater Fees would begin in rr ,ld-1993, and would be based on the
impervious area of each property within the City. S,.-,;e the majority of all residential property in
the City has approximately the same impervious areas , a single fee will be estabiished for all
residential properties.
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