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HomeMy WebLinkAbout2018-10-15-K03 Storm Water Rates_Correct Scriveners Error_INTRO, 1ST-3RD READAGENDA ITEM: CITY OF WAUKEE, IOWA CITY COUNCIL MEETING COMMUNICATION MEETING DATE: October 15, 2018 AGENDA ITEM:Consideration of approval of an ordinance correcting a scrivener’s error in Ordinance No. 2885 amending Chapter 204A, Waukee Municipal Code, Storm Water Management Utility, as specified [introduction; first, second, third (final) readings] FORMAT:Ordinance SYNOPSIS INCLUDING PRO & CON: City staff recently discovered an error in Ordinance No. 2885, approved by the Waukee City Council on 04/16/2018. The ordinance notes the current fiscal year as FY2017/2018. The ordinance also contains language that future rate adjustments will be approved by council via resolution; State Code requires utility rates to be approved via ordinance. FISCAL IMPACT INCLUDING COST/BENEFIT ANALYSIS: COMMISSION/BOARD/COMMITTEE COMMENT: STAFF REVIEW AND COMMENT: City staff recommends approval of the first reading of the ordinance in title only and waiver of the second and third readings. The Code of Iowa requires a vote of not less than three-fourths of all the members of the council (or 4 out of 5, in Waukee’s case) in order to waive readings of an ordinance. RECOMMENDATION: Introduce the ordinance and move to approve the first reading in title only, waive the second and third readings, and place the ordinance on final passage. ATTACHMENTS: I. Proposed Ordinance II. Ordinance No. 2885 PREPARED BY:Becky Schuett REVIEWED BY: PUBLIC NOTICE INFORMATION – NAME OF PUBLICATION: DATE OF PUBLICATION: K3 ORDINANCE NO. ___________ AN ORDINANCE CORRECTING A SCRIVENER’S ERROR IN ORDINANCE NO. 2885 AMENDING CHAPTER 204A, WAUKEE MUNICIPAL CODE, AS SPECIFIED BELOW: WHEREAS, Ordinance No. 2885 was enacted on April 16, 2018 establishing rates and charges for the storm sewer utility effective on July 1, 2018 and said ordinance contained a scrivener’s error; and WHEREAS, for clarification the City deems it desirable to correct the scrivener’s error to avoid confusion. BE IT ORDAINED by the City Council of the City of Waukee: Section 1. Chapter 204A, Waukee Municipal Code, Section 204A.7 should be and the same is hereby repealed and enacted in lieu thereof is as follows: §204A.7 Basic Rate. Except as hereinafter noted, each customer whose property lies within the corporate limits of the City shall pay to the City, as a part of the customers combined service account with the Waukee Utility Billing Department, at the same time payment for other City utilities are made, the following charges per Equivalent Residential Unit associated with the customer’s property: A. Undeveloped. A flat storm sewer availability charge at the rate of $0.00 per month. B. Residential. A storm sewer availability charge, regardless of the amount of the consumption by such customer, will be based on the following schedule: Commencing July 1, 2018 - $6.00 per month C. Commercial/Industrial. A storm sewer availability charge will be based on the following schedule: Commencing July 1, 2018 - $6.00 per ERU per month The number of Equivalent Residential Units (ERU) on each property shall be calculated by the Engineering Department based on the most recent aerial photograph available to the City of Waukee and/or impervious surface data from an approved Site Plan for the property. Stormwater fee billing will begin upon water meter installation. Section 2. Repealer. All ordinances or parts of ordinances in conflict with the provisions of this ordinance are hereby repealed. Section 3. Severability Clause. If any section, provision or part of this ordinance shall be adjudged invalid or unconstitutional, such adjudication shall not affect the validity of the ordinance as a whole or any section, provisions or part thereof not adjudged invalid or unconstitutional. Section 4. Effective Date. This ordinance shall be in effect on July 1, 2018 after its final passage, approval and publication as provided by law. Passed by the Council the ____ day of __________, 2018, and approved this ____ day of ____________, 2018. William F. Peard, Mayor Attest: Rebecca D. Schuett, City Clerk ORDINANCE NO. 2885 AN ORDINANCE TO AMEND CHAPTER 204A, WAUKEE MUNICIPAL CODE, BY REPEALING THE EXISTING RATES FOR STORM SEWER AND ENACTING NEW RATES AS SPECIFIED BELOW: WHEREAS, due to increasing costs of treatment of waste water the City of Waukee has determined that it is necessary to change the rates for storm sewer treatment. BE IT ORDAINED by the City Council of the City of Waukee: Section 1. Chapter 204A, Waukee Municipal Code, Section 204A.7 should be and the same is hereby repealed and enacted in lieu thereof is as follows: §204A.7 Basic Rate. Except as hereinafter noted, each customer whose property lies within the corporate limits of the City shall pay to the City, as a part of the customers combined service account with the Waukee Utility Billing Department, at the same time payment for other City utilities are made, the following charges per Equivalent Residential Unit associated with the customer’s property: A. Undeveloped. A flat storm sewer availability charge at the rate of $0.00 per month. B. Residential. A storm sewer availability charge, regardless of the amount of the consumption by such customer, will be based on the following schedule: Fiscal Year 2017/2018 - $6.00 per month The monthly rate for each fiscal year beyond 2017/2018 will be determined by resolution of the City Council prior to July 1st of each year. C. Commercial/Industrial. A storm sewer availability charge will be based on the following schedule: Fiscal Year 2017/2018 - $6.00 per ERU per month The monthly rate for each fiscal year beyond 2017/2018 will be determined by resolution of the City Council prior to July 1st of each year. The number of Equivalent Residential Units (ERU) on each property shall be calculated by the Engineering Department based on the most recent aerial photograph available to the City of Waukee and/or impervious surface data from an approved Site Plan for the property. Stormwater fee billing will begin upon water meter installation. Section 2. Repealer. All ordinances or parts of ordinances in conflict with the provisions of this ordinance are hereby repealed. Section 3. Severability Clause. If any section, provision or part of this ordinance shall be adjudged invalid or unconstitutional, such adjudication shall not affect the validity of the ordinance as a whole or any section, provisions or part thereof not adjudged invalid or unconstitutional. Section 4. Effective Date. This ordinance shall be in effect on July 1, 2018 after its final passage, approval and publication as provided by law. Passed by the Council the 16th day of April, 2018, and approved this 16th day of April, 2018. William F. Peard, Mayor Attest: Rebecca D. Schuett, City Clerk