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HomeMy WebLinkAbout168 - 10/06/1998 - AMENDING THE CITY CODE RELATING TO THE FEES OF THE STORMWATER UTILITY ORDINANCE NO. 168, 1998 OF THE COUNCIL OF THE CITY OF FORT COLLINS AMENDING CHAPTER 26 OF THE CODE OF THE CITY OF FORT COLLINS RELATING TO THE FEES OF THE STORMWATER UTILITY WHEREAS,on July 28, 1997,the City of Fort Collins experienced a severe flood that caused death and injury and caused substantial damage to public and private property (the "Flood"); and WHEREAS, some of the other adverse effects of the Flood included, without limitation, impairment of the movement of emergency vehicles and emergency personnel, blocking of the access to necessary and critical public and private facilities and buildings,and interference with the continued operation of other public utility services; and WHEREAS, as a result of the Flood, it has become apparent that the City's existing plans for future construction of stormwater facilities need to be accelerated in order to help minimize such adverse effects in any future floods; and WHEREAS,the Council has therefore determined that it is necessary for the public's health, safety and welfare and a benefit to all users of the City's Stormwater Utility for the construction of previously planned stormwater facilities in the City to be accelerated in order to better provide in the future for the proper drainage and control of flood and surface waters within the City; and WHEREAS,the Council has previously adopted drainage basin master plans recommending the stormwater facilities that are necessary to provide for the proper drainage and control of flood and surface waters within the City; and WHEREAS,the Council has further determined that all developed lands within the City will be benefitted by the installation of such stormwater facilities,and consequently the cost of installing them should be charged against such lands and their owners; and WHEREAS,the Council has therefore decided to impose on a uniform and city-wide basis the monthly stormwater utility fee that is established in Section 26-513 of the City Code and to use it for the purposes of operating,maintaining and improving existing stormwater facilities and for the purposes of designing,acquiring right-of-way for,and constructing future stormwater facilities;and WHEREAS, in order to implement such a stormwater utility fee it is necessary to amend Chapter 26 of the City Code; and WHEREAS,the Water Board has reviewed the proposed changes to the stormwater utility fee and recommends that the City Council adopt said changes. 1 NOW, THEREFORE, BE IT ORDAINED BY "THE COUNCIL OF THE CITY OF FORT COLLINS as follows: Section 1. That Section 26-511(a) of the Code of the City of Fort Collins shall be amended to read as follows: Sec. 26-511. Stormwater fees. (a) The City Manager shall analyze the operating and financial records of the Utility during each calendar year of operation and recommend to the City Council the stormwater basin fees and stormwater utility fees to be in effect for the following calendar year. The recommended fees shall be determined in accordance with Section 6 of Article XII of the Charter. Section 2. That Section 26-513 of the Code of the City of Fort Collins shall be amended to read as follows: Sec. 26-513. Stormwater utility fee. There is hereby imposed on each and every developed lot or parcel of land within the city and the owners thereof a stormwater utility fee. This fee is deemed reasonable and is necessary to pay for the operation,maintenance,administration and routine functions of the existing city stormwater facilities and for the operation, maintenance and administration of such future stormwater facilities as may be established within the city and to pay for the design, right-of-way acquisition and construction or reconstruction of such existing and future City stormwater facilities. All of the proceeds of this fee are deemed to be in payment for use of the Utility's stormwater system by the real property on and with respect to which the charge is imposed on the owners. Further,the City Council finds that this fee benefits all users of the Utility's stormwater facilities by allowing for the construction,improvement, operation and maintenance of stormwater facilities in the city that promote the health, safety and welfare of such users during storms and floods by: (1) protecting the movement of emergency vehicles and emergency personnel;(2)keeping access open to necessary and critical public and private facilities and buildings; (3) preventing death and injury to persons; (4) preventing damage to public and private property; and (5)protecting the continued operation of other public utility services. Section 3. That Section 26-514(3) of the Code of the City of Fort Collins shall be amended to read as follows: Sec. 26-514. Determination of stormwater utility fee. (3) The base rates for the stormwater utility fee shall be as follows: 2 a. The Operations and Maintenance base rate (O and M base rate) shall be $0.0006831 per square foot per month for all areas of the city. b. The Capital Improvements (IMP) base rate shall be $0.0012820 per square foot per month for all areas of the city. Section 4. That Section 26-515 of the Code of the City of Fort Collins shall be amended to read as follows: Sec. 26-515. Changing stormwater basin fees. The City Council may by ordinance change the amount of the stormwater basin fee for a stormwater basin based upon revised estimates of the cost of installing facilities in the basin.Any change in the amount of the stormwater basin fee shall be effective only as to properties in a stormwater basin which have not paid in full the stormwater basin fee assessed against the property.After collection ofthe stormwater basin fee is completed as to a particular property, the amount of the fee shall not be increased. Section 5. That Section 26-522 of the Code of the City of Fort Collins shall be amended to read as follows: Sec. 26-522. Disposition of fees and charges. The fees and charges paid and collected by virtue of this Article shall not be used for general or other governmental or proprietary purposes of the city, except to pay for the costs incurred by the city in rendering services to the Utility and for any payment in lieu of taxes that may be authorized by the Council as provided by the City Charter. Other than as described above, the fees and charges shall be used solely to pay for the costs of operation,repair,maintenance,improvements,renewal, replacement, reconstruction, design, right-of-way acquisition and construction of public stormwater facilities and costs incidental thereto. If there are amounts in the fund in excess of the amount required to satisfy the purpose of the fund, the City Council may by ordinance authorize the transfer of such excess amount to any other fund of the city. Section 6. That Section 26-541 of the Code of the City of Fort Collins shall be amended to read as follows: Sec. 26-541. Property owners to provide stormwater facilities. 3 The City Council further finds, determines and declares under all attendant circumstances that the owners of property to be developed within stormwater basins in the city should provide such stormwater facilities as are made necessary by the development for the drainage and control of flood and surface waters within the stormwater basin in which the development is located, and should also provide the facilities necessary to convey such waters from the stormwater basin to major drainageways.Therefore,the cost of installing such stormwater facilities shall be the responsibility of the owner of the property to be developed. Since the development of elevated land can increase the amount of stormwater runoff from such land onto adjoining lands at lower elevations, the owner of elevated land has the legal duty to prevent such increased runoff from doing damage to other lands,which duty will be satisfied if adequate stormwater facilities are installed as required by this Section. Therefore,in determining under this Section what stormwater facilities a landowner shall be responsible for constructing,the amount of increased stormwater runoff that will result from the development shall be taken into account. Section 7. That the amendments to Chapter 26 of the City Code contained herein shall go into effect with respect to all City utility bills issued after October 31, 1998. Introduced, considered favorably on first reading, and ordered ublished this 15th da of September,A.D. 1998, and to be presented for final passage on th ay of October, 19 8. f avor ATTEST: City Clerk Passed and adopted on final reading this 6th day of Octob D, 1998. i Mayor ATTEST: City Clerk 4