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HomeMy WebLinkAbout2000-OR-40ORDINANCE NO. ~00 0 - O~- - z40 AN ORDINANCE FIXING A SCHEDULE OF RATES AND CHARGES TO BE COLLECTED BY THE CITY OF JEFFERSONVILLE, INDIANA, FROM USERS AND OWNERS OF PROPERTY SERVED BY THE STORM WATER UTILITY OF SAID CITY, OTHER MATTERS CONNECTED THEREWITH AND AMENDING ORDINANCES IN CONFLICT HEREWITH WHEREAS, the City of Jeffersonville, Indiana (the "City") has heretofore constructed and has in operation a wastewater collection system and treatment plant for the purpose of collecting and treating sewage wastewater and conveying the same away from the premises where produced; and WHEREAS, the City also collects and treats storm water and the costs of collecting and treating storm water are not presently being paid; and WHEREAS, the City currently has a number of Combined Sewer Overflows ("CSO's") that discharge a combination of sanitary sewage wastewater and storm water during periods of wet weather; WHEREAS, the City has caused a financial study to be completed, whlch determined that storm water rates and charges need to be enacted to pay for the costs of collecting and treating storm water and preventing CSO's all as required by the Clean Water Act of 1972 and related federal and state regulations; and WHEREAS, the City, through its Drainage Board, has completed a Stormwater Master Plan and has and will continue to compile a list of and prioritize drainage problem corrections by implementation of Capital Improvement and Maintenance Projects; and STORM WATER FEE ORD2 WHEREAS, the City intends to operate a municipal storm water utility under the provisions of IC 36-9-23 as a portion of its municipal sewer utility; and WHEREAS, for purposes of setting rates and charges under IC 36-9-23-25, the Common Council of the City is authorized to consider the costs of collecting and treating storm water drainage as the definition of sewage works for purposes of such chapter includes the term storm sewers; and WHEREAS, the financial study presented to and approved by the Common Council takes into account the Impervious Area (as hereinafter defined) of all properties within the City's limits and estimates the amount of storm water,collected by the municipal sewer utility; and WHEREAS, the Common Council has recommended that the municipal sewer utility collect storm water rates and charges incorporating the recommendations and findings of the financial study presented; and WHEREAS, the Common Council finds that due notice has been given and the appropriate public hearing has been conducted in accordance with IC 36-9-23; NOW THEREFORE, BE IT ORDAINED BY THE COMMON COUNCIL OF THE CITY OF JEFFERSONVILLE, INDIANA: Section 1. Definitions: the following words and phrases have the meanings set forth in this section unless otherwise specifically noted in this ordinance. "Board" means the Jeffersonville Drainage Board. "City" means the City of Jeffersonville acting by and through the Council. STORM WATER FEE ORD2 "Council" means the Common Council of the City of Jeffersonville, or any duly authorized officials acting on its behalf. "Drainage Unit" means an amount of storm water runoff that roughly equals the runoff from the average single-family residential property, presently calculated as the runoffproduced by 2,500 square feet of Impervious Area. "Impervious Area" means the total hard surface area (asphalt, concrete, stone, etc.) that is contained on a lot or parcel, or within a development tract. Hard surface area includes, but is not limited to driveways, parking areas, sidewalks, other paved areas, and all areas under roof, but does not include any grassy areas. "Sanitary Board" means the sanitary board established by the Council under lC 36-9-23-4. "Shall" is mandatory; "May" is permissive. "Sewage works" has the meaning defined in IC 36-9-1-8. "Storm water utility", "Storm water works", "Storm water facilities" or like terms used in this ordinance mean all constructed pipes, mains, facilities, structures and natural water courses under the control of the City used for collecting and conducting storm water through and from drainage areas to the point of final outlet, including, but not limited to, any and all of the following: mains, pipes, lift stations, inlets, conduits and pertinent features, creeks, channels, catch basins, ditches, streams, culverts, retention or detention basins and pumping stations; and excluding therefrom any part of the system of drains and water courses under the jurisdiction of the Clark County Drainage Board. -3- STORM WATER FEE ORD2 "User" means the owner or tenant of property within the City contailting Impervious Area that adds runoff or sewage tO the storm water system. STORM WATER FEE ORD2 - 4 - "User Class" means the division of storm water properties between residential and non- residential. (i) Residential User Class - includes (a) a lot or parcel improved with a structure used primarily as a single family residence, or (b) a lot or parcel improved with a structure used primarily for residential purposes having no more than 2,500 square feet of Impervious Area, each of which discharge storm water, directly or indirectly, into the City's storm water system. (ii) Non-Residential User Class - includes all other properties that do not meet the definition of Residential User Class and that discharge storm water, directly or indirectly, into the City's storm water system. "User Fee" means the dedicated charge paid by a User and is based on the User Class and the estimated amount of water that leaves the User's property. Section 2. Every User shall pay a User Fee for the storm water services provided. These charges are established for each User Class in order that the storm water utility may recover, from each User and User Class, revenue that is proportional to its measurement of Impervious Area. The various classes of Users of the storm water collection system for purposes of this ordinance are: Class 1. Residential -5- STORM WATER FEE ORD2 Class 2. Non-Residential Section 3. For the use of and the service rendered by the storm water utility, the City shall collect User Fees from the Users. The User Fees shall be in an mount determined as follows: (a) User Fees: Per Month Residential Class Non-Residential Class $3.50 $3.50 x the number of Drainage Units, determined by the Impervious Area of the User and as set forth in a schedule adopted by the Board prior to the effective date of this ordinance. (b) In either User Class if multiple tenants occupy a structure, the monthly User Fee for the multi-tenant structure will be divided by the number of water meters serving that structure and each person responsible for paying the water bill for a meter must pay the User Fee attributable to that meter. The foregoing does not apply if the owner of the structure pays the User Fees. Section 4. (a) Prior to the effective date of this ordinance, the Board shall determine the amount of Drainage Units allocable to all Users. In determining the Drainage Units allocable to a User, the User's total amount of Impervious Area is divided by 2,500 (the Drainage Unit) and then rounded to the next largest whole number. (b) Appeal Procedure: If a User believes the Drainage Units attributed to the User's property are inaccurate, the User may contest the Drainage Unit calculation in the following STORM WATER FEE ORD2 - 6 - manner. However, the User must continue to timely remit the User fee originally assigned pending any appeal. (i) Within thirty (30) days after the Board's notification to the User of the number of Drainage Units assigned to the User's property, the User must file with the City Engineer a petition to appeal the Board's determination of Drainage Units assigned to the User's property. A copy of a survey or other verifiable documentation supporting the User's claim must accompany the petition. (ii) The City Engineer will review the User's petition and schedule it for hearing before the Sanitary Board within 30 days. The Sanitary Board must give the User written notice of the heating date at least I 0 days prior to the hearing. The hearing must be recorded and a transcript of the hearing made available to any party at a cost of $1.00 per page. Within 30 days of hearing the User's petition, the Sanitary Board must render a written determination that either affirms the original Drainage Unit calculation, or amends the Drainage Unit calculation according to the evidence received at the hearing. The Sanitary Board's determination is a final administrative determination. (iii) If the User's petition is denied, the Sanitary Board will mall the order of denial, postage pre-paid, to the User. If the User's appeal is successful, the User will be credited accordingly for any overpayment made from the date the original Drainage Unit calculation was implemented; provided, however, that the credit for overpayment may not exceed the overpayment for a period consisting of the immediately preceding twelve (12) calendar months. The credit will apply against future User Fees until the overpayment has been fully satisfied. -7- STORM WATER FEE ORD2 (iv) A party or person aggrieved by the Sanitary Board's final administrative determination has the right to a judicial review of such determination in accordance with the provisions of the Indiana Administrative Adjudication Act. (v) Dispute or appeal of the amount of Drainage Units attributable to a User's property is not a valid reason for non-payment of the User Fees. Section 5. User Fees must be prepared, billed and collected by the Jeffersonville Municipal Sewer Utility in the same manner as all other fees collected by the Sewer Utility. (a) The User Fees for all Users will be prepared and billed monthly. (b) The User Fees may be billed to the tenant or tenants occupying the properties served, unless otherwise requested in writing by the owner, but billing tenants in no way relieves the owner from liability for payment of the User Fee if the tenant does not pay the User Fee as herein required. Owners of rental properties served have the right to examine the City's collection records, at the office at which said records are kept and during the hours that such office is open for business, for the purpose of determining whether the tenant(s) have paid User Fees. (c) All User Fees not paid when due are automatically delinquent and a penalty of ten pement (10%) of the amount of the User Fees attaches to the delinquent User Fees. (d) The Clerk-Treasurer must segregate all User Fees and account for User Fees separately from all other fees received by the Jeffersonville Municipal Sewer Utility. User Fees may only be used for correction of drainage problems as compiled and prioritized by the Board. STORM WATER FEE ORD2 - 8 - (e) All claims payable from User Fees must be submitted on forms meeting the requirements of state law and local ordinance. The Jeffersonville Drainage Board is hereby declared the appropriate board for the purpose of approving all claims payable from the User Fees. Section 6. (a) If a Non-residential User has constructed, owns and maintains a detention, retention or other stormwater handling system that significantly contributes to the alleviation of stormwater system handling problems of the watershed in which the User's property is located, the Board may grant the User a credit against the nmnber of Drainage Units that are used to calculate the User's User Fees. Ifa credit is granted, the User's monthly User Fee will be calculated as the number of Drainage Units established for that User less the credit amount determined, times the established rate per Drainage Unit. (b) Determination of amount of credit. If the Board determines that a credit in the number of Drainage Units should be granted to a User, the Board must determine the mount of the credit after taking into account the opinion of the City Engineer regarding an evaluation of the relative value (expressed in Drainage Units) of the stormwater handling system owned and maintained by the User as compared to the approximate total number of Drainage Units in the watershed taken as a whole. The User may at its own cost present competent engineering evidence to the Board to support or refute the opinion of the City Engineer. In no event will any User's nmmber of Drainage Units be reduced below one Drainage Unit. -9- STORM WATER FEE ORD2 The decision of the Board regarding the number of Drainage Units, if any, to be credited is subject to the appeal process established in Section 4(b) of this ordinance. (c) Until January 1, 2002, all existing businesses in the City will receive a 50% discount on the portion of their User Fee above one (1) unit to allow time for those businesses to construct, and receive approval and the appropriate credit from the Board for, detention or other drainage mitigation. Effective January 1, 2002, all Users will be required to pay the full amount of their User Fee as provided herein. Section 7. The invalidity of any section, clause, sentence, or provision of this ordinance does not affect the validity of any other part of this ordinance that can be given effect without the invalid part or parts. Section 8. This Ordinance and the User Fees as herein set forth shall become effective on July 1, 2001. Attest: Passed and adopted by the Common Council of the City of Jeffersonville, Indiana, this day of-~~, 2001. STORM WATER FEE ORD2 - 10 - Clerk Presented by me to the Mayor of the City of Jeffersonville this 2001 at .m. day o f~gmat~, Clerk-Tr'c~sgrer Signed and approved by me, the Mayor of the City of Jeffersonville, this F 2001 at 11~5 ~ .m. day of STORM WATER FEE ORD2 - 1 l - m Z Form Prescribed by state Board of Accounts ,.(~overnmental Unil:) Clark County, Indiana General Form No. 99p (Revised 1999) Fromm--7 i~- ~ 221 Sprintg~.P.~ ~'~t\~'~, ~k'-"!~(~bt~)~ Jeffersonville, IN 47131 PUBLISHER'S CLAIM LINE COUNT Display Matter [Must not exceed two actual lines, neither or which shall total more than four solid lines of type in which the body of the advertisement is set) -- number of equivalent lines ............................................................. (ffj( Head -- number of lines .................................................... Body -- number of lines ................................................... Tail -- number of lines .................................................... . Total number of lines m notice ......................................... COMPUTATION OF CHARGES !,~{ ,..~ lines, I columns wide equals (ff-4 equivalent lines at , ~',~ ~;~ cents per line ........ . ............ .oti~o~-~' ...... $. Ad&tlonal charge for notices contaimng rule~ ~ (50 percent of above amount .................. ~j~p~[~, ~}~,, r rested Pa~e Charge for extra nroofs of publication ($1.0'~~, ~d.o~ ,o ~ ~ r ne Storm war .- Dy in excess of two) .................................. ~ff_ TOTAL AMOUNT OF CLAIM .................. ~'~agrates ' ~Y, was intmduc~ az a meet- DATA FOR COMPUTING COST ~ o, ~,, 7, ~ooo. ~, ~ FEDERAL ID Width of single colnmn 9.0 ems ~, ,o ~. ,.,~ ~, 7:~ ~.~., o. 11498625 September 1 I, 2000, in Room 3 Number of insertions ~ 308, Cit~-County BuildJn , 501 ~ E. Court Aven g Size of type 6.5 point ~,~. ,~.~. ,~ ~,,, ~ ~ public bear ng o~ he mawr of Pursuant to the provisions and penalties ~o9,~o. o~ a~~ ' ~"~ ts 1953, . I~r, e~e ~ e~t~ ~ ~t ~ ~ t~ ~}~}}~ }f ~1 ~ta:~ c lal med 1 s legally month few eo ~ per ' '~f dmina ' ~o.~u x the number , ~ ' b Ih . ge units, deermined ' ~- [~ ~ ~ ,[ , ~ ", y ~ ~p~o~*-- Title: Legal Boo~eeper 2000-OR~0. No. ~ls~? hea~ng and pdor to fi- ~tR'S AFFIDAVIT f In( all iht&rested parties State o Dear and be he - may ap. Clark Corn m~.. ~ . .o. 2ooo-o~.4o ~ . Personall~ ?~ ;~J~;~ff~o o,**e ~e, a nolary public in and tor smd auatedthis d~ of ' / ~ { ~ ~ - ~ , ,{ -~ , ~ ,,~~newspaper of general c]rculan~n ~]n~an~d ]n the Enghsh language the (city) of Jeffersonville in state and county aforesaid, and that the printed matter attached hereto is a true copy, which was duly ATTACH COPY published in said paper for ~ time ~ the OF ADVERTISEMENT dates of publication being as~llows: HERE SubScribed ~nd ~orn to bcf~ me this 7T/~ day of~2o,o o Notary Public My commission expires: