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same is hereby repealed and enacted in lieu thereof is as follows: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