HomeMy WebLinkAbout168 - 12/16/1980 - ESTABLISHING A STORM DRAINAGE UTILITY FEE FOR ADMINISTRATION, OPERATION AND MAINTENANCE OF THE STORM ORDINANCE NO 168 , 1980
OF THE COUNCIL OF THE CITY OF FORT COLLINS
ESTABLISHING A STORM DRAINAGE UTILITY FEE FOR
ADMINISTRATION, OPERATION AND MAINTENANCE OF THE
STORM DRAINAGE SYSTEM, A METHOD OF DETERMINING
SAID FEE, A METHOD OF COLLECTING AND ACCOUNTING
FOR SAID FEE AND ESTABLISHING A HEARING PROCEDURE
FOR THE PURPOSE OF REVIEWING FEE DETERMINATIONS
WHEREAS, there exists in the City of Fort Collins an extensive
storm drainage system which system has been established to promote the
general public health, safety and welfare by attempting to assure that the
movement of emergency vehicles is not prohibited or inhibited during storm
or flooding periods and by minimizing storm and flood losses and incon-
venience and damage resulting from uncontrolled storm runoff in the City of
Fort Collins, and
WHEREAS, the Council of the City of Fort Collins finds that it is in
the best interest of the citizens of the City that said storm drainage
facilities be diligently operated and maintained on a regular basis and
kept in good condition and repair in order to better serve the health,
safety and general welfare needs of the citizens of the City of Fort
Collins, and
WHEREAS, the Council of the City of Fort Collins has accordingly
determined that it is necessary to establish and collect a storm drainage
utility fee for the purpose of administration, operation and maintenance of
the City' s storm drainage system
NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF FORT
COLLINS as follows
Section 1 That Section 93-5 of the Code of the City of Fort Collins
be, and the same hereby is, amended by the addition thereto of an addition-
al subsection (E) to read as follows
"E The Storm Drainage Board shall also hear the petition
of any owner or owners of property in the City of Fort
Collins who dispute the amount of the storm drainage
utility fee made against such owner's property, or who
dispute any determination made by or on behalf of the
City pursuant to and by authority of this Chapter, and
shall make such revision or modification of such charge
or determination as it shall deem appropriate in
accordance with subsequent provisions of this Chapter
entitled 'Administrative Review and Court Proceed-
ings' 11
Section 2 That Section 93-9 of the Code of the City of Fort Collins
be, and the same hereby is, amended to read as follows
"§93-9 Storm Drainage Fund
All storm drainage fees and storm drainage utility
fees collected by the City and such other moneys as
might be available to the City for the purposes of this
chapter, shall be paid into a special fund which is
hereby created, to be known as the Storm Drainage Fund
Such fund shall be used for the purpose of paying the
cost of Storm Water Facilities to be constructed in the
various Storm Drainage Basins and paying the cost of
operation, administration and maintenance of the Storm
Drainage Facilities of the City of Fort Collins, but it
shall not be necessary that expenditures from the funds
relate to the particular basin from which the fees were
collected To the extent that the Storm Drainage Basin
Fees collected are insufficient to construct the needed
Storm Water Facilities, the cost of the same may be
paid from the General Funa of the City but the City
Council may order the reimbursement of the General Fund
if additional fees are thereafter collected All
amounts on hand in such fund from time to time shall be
invested by the Director of Finance in investments
proper for City funds All funds collected pursuant to
the Storm Drainage Utility Fee provisions of this
Chapter shall be separately designated as such and
shall be used solely for the purposes established for
the Storm Drainage Utility Fee All Storm Drainage
Fees collected pursuant to Section 93-7 of this Chapter
shall be separately designated and used solely for the
purposes established for said Storm Drainage Fees."
Section 3 That Chapter 93 of the Code of the City of Fort Collins
be, and the same hereby is, amended by the addition thereto of an addi-
tional Section 93-15 to read as follows
"§93-15 Storm Drainage Fees Established - (Basin Fees)
Reserved "
Section 4 That Chapter 93 of the Code of the City of Fort Collins
be, and the same hereby is, amended by the addition thereto of additional
Sections 93-16 through 93-27 to read as follows
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"§93-16 Storm Drainage Utility Fee
Subject to the provisions of Section 93-20 hereof,
there is hereby imposed on each and every developed lot
or parcel of land within the City, and the owners
thereof, a Storm Drainage Utility gee This fee is
deemed reasonable and is necessary to pay for the
operation , maintenance, administration and routine
functions of the existing City Storm Drainage Facili-
ties, and the operation, maintenance and administration
of such future Storm Drainage Facilities as may be
established within the City All of the proceeds of
this fee are deemed to be in payment for use of the
City Storm Drainage System by the real property on, and
with respect to, which the charge is imposed, and the
owners thereof
§93-17 City Maintenance of Storm Drainage Facilities
The City shall maintain all accepted public Storm
Drainage Facilities located within City owned land,
City right-of-way, and City easements and may maintain
other accepted public Storm Drainage Facilities located
within or adjacent to the City Such public facil-
ities include, but are not limited to, open drainage
ways and piped drainage ways constructed expressly for
use by the general public and as a part of the City
drainage facilities, bridges, roadside drainage ditches
and gutters , flood control facilities including
detention and retention basins, dikes, overflow chan-
nels, pump stations, etc , that have been designed and
constructed expressly for use by the general public
Such public Storm Drainage Facilities do not include
facilities not accepted by the City for maintenance
§93-18 Establishment of Storm Drainage Utility Fee
The Storm Drainage Utility Fee established herein
shall be based upon the area of each lot or parcel
of land and the land use designation of said lot
or parcel The Director of Public Works shall deter-
mine what rates shall apply to each specific lot or
parcel of land within the guidelines herein set forth,
and a charge resulting from that determination and
application of the other factors set forth, as follows
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A Each lot or parcel of land shall be placed in one
of five specific categories hereinafter referred to
as "Basic Categories of Development" based upon the
land use characteristics for said lot or parcel
The runoff coefficient as used in the Engineering
formula known as the Rational Method shall be used
as the basis for assigning Basic Categories of
Development as follows
Basic Category Very Light Light Moderate Heavy Very Heavy
of Development
Runoff 0 - 0 30 31- 50 51- 70 71- 90 91-1 0
Coefficient
The Director shall determine the Bask Category of
Development for each lot or parcel of land based on
the runoff coefficient typical for the particular
land use and/or zoning for that lot or parcel
B The Base Rate shall be $0 000285 per square foot
per month
The Rate Factor for each Bask Category of Devel-
opment shall e as follows
Basic Category Very Light Light Moderate Heavy Very Heavy
of Development
Rate Factor 0 25 0 4 0 6 0 8 0 95
C The monthly fee for each lot or parcel of land
(except single family residential parcels larger
than 12 ,000 square feet) shall be based on the
following formula (with all area calculations in
square feet)
Monthly Fee = (Lot Area) X (Rate Factor) X (Base Rate)
D Single family residential parcels larger than
12,000 square feet shall be assessed on the basis
of the first 12 ,000 square feet in accordance
with the formula described in paragraph C above,
and the remainder shall be assessed in accordance
with the following formula
Remainder of Monthly Fee =
(Remaining Area) X (Rate Factor) X (Base Rate) X (1/4)
E The minimum charge for any lot or parcel shall be
620 per lot or parcel per month
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§93-19 Billing for Storm Drainage Utility Fee
The Storm Drainage Utility Fee shall be billed and
collected with the monthly utility bill for those lots
or parcels of land utilizing City utilities, and billed
and collected separately as Storm Drainage Utility Fees
for those lots or parcels of land and owners thereof,
not utilizing other City utilities All such bills for
Storm Drainage Utility Fees shall be rendered monthly
by the Department of Finance and shall become due and
payable in accordance with the rules and regulations of
the Department of Finance pertaining to the collection
of utility fees, and the Director of Finance shall
place all such fees so collected into the Storm
Drainage Fund to be deposited and separately kept as a
fund to be used only for the purposes stated herein
§93-20 Exclusions of Certain Properties From Storm
Drainage Utility Fee
The Storm Drainage Utility Fees shall not be collected
in connection with any City street, road, alley or
right-of-way or any railroad or irrigation right-of-
way
§93-21 Enforcement Provisions
Any charge due hereunder which shall not be paid when
due may be recovered in an action at law by the City
of Fort Collins In addition to any other remedies
or penalties provided by this or any other ordinance
of the City of Fort Collins, failure of any user of
City utilities within the City of Fort Collins to pay
said charges promptly when due shall subject such
user to discontinuance of such utility services and
the City Manager of the City is hereby empowered
and directed to enforce this provision as to any and
all delinquent users The employees of the City shall
at all reasonable times have access to any premises
served by the City for inspection , repair, or the
enforcement of the provisions of this Chapter
§93-22 Unpaid Charges a Lien
All Storm Drainage Utility Fees made pursuant to this
Chapter shall be a lien upon the property to which such
fee is associated from the date said fee becomes due
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i
until such fee is paid the owner of every building,
premise, lot or house shall be obligated to pay the fee
for all service provided for his premises, which
obligation may be enforced by the City by action at law
or suit to enforce the lien In the case that a tenant
in possession of any premises or buildings shall pay
said charges , it shall relieve the landowner from
such obligation and lien, but the City shall not be
required to look to any person whatsoever other than
the owner for the payment of such charges No changes
of ownership or occupation shall affect the application
of this Article, and the failure of any owner to learn
that he purchased property against which a lien for
Storm Drainage Utility Fees exists shall in no way
affect his responsibility for such payment Any
delinquent amount may be enforced by assessment upon
the property and premises so served and certification
thereof to the County Treasurer for collection under
and in pursuance of the authority and procedure pro-
vided in Chapter 16, Improvements, Local Public, of
this Code "
§93-23 Administrative Review and Court Proceedings
A Any owner or owners who dispute the amount of the
Storm Drainage Utility Fee made against such owners
property, or who dispute any determination made by
or on behalf of the City pursuant to and by autho-
rity of this Chapter, may petition the Director of
Pt,hlir Wnrkc (nirartnr) for a heArino 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 noti-
fied of such determination The Director may hold
such hear,rgs himself, or, at his sole discretion,
may designate an officer or employee of the Depart-
ment of Public Works as a hearing officer with
authority to hold such hearing or such hearings
Such petitions may be filed only once in connection
with any such charge or determination except upon a
showing of changed circumstances sufficient to
justify the filing of such additional petition
B Such petitions shall be in writing, filed with the
City Clerk, and the facts and figures submitted
shall be submitted under oath either in writing or
orally at a hearing scheduled by the Director or
the Hearing Officer The hearing, if any, shall
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take place in the City of Fort Collins and notice
thereof and the proceedings shall otherwise be in
accordance with the rules and regulations issued by
the Director The petitioner shall have the burden
of proof
C Within thirty (30) days of filing, the Director
shall make findings of fact based upon all relevant
information, shall make a determination based upon
such findings, and, if appropriate, modify such
charge or determination accordingly Such deter-
mination shall be considered a final order of the
Director, which order may, within thirty days of
its issuance, be appealed to the Storm Drainage
Board for a hearing on a revision or modification
of such charge Any such appeal to the Storm
Drainage Board shall be in writing, filed with the
City Clerk, setting forth the specific errors and
omissions of the Director in his determination and
such hearing shall take place in the City of Fort
Collins and notice thereof and the proceedings
shall otherwise be in accordance with the by-laws,
rules and regulations of the Storm Drainage Board
The appellant shall have the burden of proof
D Within thirty (30) days of filing, the Storm Drain-
age Board shall make its final determination and,
if appropriate, modify such charge or determination
of the Director in accordance with the facts
submitted, to the extent that the Board finds such
facts to be true
§93-24 Administration of Chapter by Director of
Public Works
The administration of the provisions of this Chapter is
hereby vested in and shall be exercised by the Director
of the Department of Public Works of the City of Fort
Collins who may prescribe forms and rules and regula-
tions in conformity with this Chapter or for the
ascertainment, computation and collection of the fees
and charges imposed hereunder, and for the proper
administration and enforcement hereof The Director
may delegate the administration of this Chapter, or any
part thereof, subject to the limitations of the Charter
and Code of the City, to duly qualified deputies and
agents of the Director
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z
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§93-25 Notice
Every decision or determination of the Director or
the Storm Drainage Board shall be in writing and
notice thereof shall be mailed to or served upon
the petitioner within a reasonable time from the
date of such action Service by certified mail , return
receipt requested , shall be conclusive evidence of
service for the purpose of this Chapter
§93-26 Fiscal Matters
The fees and charges paid and collected by virtue of
this Chapter shall not be used for general or other
governmental or proprietary purposes of the City,
except to pay for the equitable share of the cost of
accounting, management, and government thereof Other
than as described above, the fees and charges shall be
used solely to pay for the cost of operation, repair,
maintenance, improvements, renewal , replacement and
reconstruction of public Storm Drainage Facilities and
costs incidental thereto
§93-27 Floods
Floods from storm water runoff may occasionally
occur which exceed the capacity of Storm Drainage
Facilities constructed and maintained by funds made
available under this Chapter This Chapter does not
imply that property liable for the fees and charges
established herein will always be free from storm water
flooding or flood damage This section does not
purport to reduce the need or the necessity for the
owner obtaining flood insurance
§93-28 Severability
In the event that any section, subsection, subdivision,
paragraph, sentence, clause or phrase of this Chapter
or application thereof is for any reason held or
decided to be unconstitutional or unlawful , such
decision shall not affect the validity of the remaining
portions or applications of this Chapter The City
Council hereby declares that it would have passed this
Chapter and each section , subsection, subdivision,
sentence, clause or phrase or application thereof,
irrespective of the fact that any one or more sections,
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subsections, subdivisions, sentences, clause or phrase
or application tnereof, might be declared unconstitu-
tional or unlawful
Introduced, considered favorably on fir At reading, and ordered pub-
lished this 18th day of November _, 1980 n o be presented for final
passage on tFie of—l6thday o -December� ,
Mayor
ATTEST
4
-City Clerk
Passed and adopted on final reading s 16th day of D mber
1980
Mayor
ATTEST
,ty cieAF
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