HomeMy WebLinkAbout2021-06-30-204ASTORM WATER MANAGEMENT UTILITY
§204A.1 Definitions.
The following words, terms and phrases, when used in this division, shall have the
meanings ascribed to them in this section, except where the context clearly indicates a different
meaning:
A. Bonds means revenue bonds, notes, loans or any other debt obligations
issued or incurred to finance the costs of construction.
B. User means any person owning, operating, or otherwise responsible for
property within the city which directly or indirectly discharges stormwater
or surface or subsurface waters to any portion of the stormwater
management system, including direct or indirect discharges to the city's
stormwater drainage system, or which is directly or indirectly protected by
the city's flood protection system or stormwater drainage system. The term
"user" means any person responsible for the direct or indirect discharge of
stormwater or surface or subsurface waters to the city's stormwater
drainage system.
C. Costs of construction means costs reasonably incurred in connection with
providing capital improvements to the system or any portion thereof,
including but not limited to the costs of the following:
(1) Acquisition of all property, real or personal, and all interests in
connection therewith including all rights-of-way and easements
therefore;
(2) Physical construction, installation and testing including the costs of
labor, services, materials, supplies and utility services used in
connection therewith;
(3) Architectural, engineering, legal and other professional services;
(4) Insurance premiums taken out and maintained during construction,
to the extent not paid for by a contractor for construction and
installation;
(5) Any taxes or other charges which become due during construction;
(6) Expenses incurred by the city or on its behalf with its approval in
seeking to enforce any remedy against any contractor or
subcontractor in respect of any default under a contract relating to
construction;
(7) Principal and interest on any bonds; and
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(8) Miscellaneous expenses incidental thereto.
D. Debt service means the amount of money necessary annually to pay the
interest on outstanding debt and pay the principal of maturing bonded
debt.
E. Director means the city engineer as director of the stormwater
management utility.
F. Equivalent residential unit or ERU means the average impervious area of
residential developed property per dwelling unit located within the city as
periodically determined and established as provided in this division, which
has been determined by the City to be 2,973 square feet of impervious
surface area.
G. Operating budget means the annual operating budget for the stormwater
management utility adopted by the city council for the succeeding fiscal
year.
H. Revenues means all rates, fees, assessments, rentals or other charges or
other income received by the utility, in connection with the management
and operation of the system, including amounts received from the
investment or deposit of moneys in any fund or account and any amounts
contributed by the city, all as calculated in accordance with sound
accounting practice.
I. Stormwater drainage system, or “system”, means the system of creeks,
ditches, drainage channels, pipes, basins, street gutters, and lakes within
the city on city owned property to the extent authorized by any
conveyance, through which or into which stormwater runoff, surface
water, or subsurface water is conveyed or deposited. This does not
include, rivers, streams, creeks or natural drainage area, easements or
drainage ways situated on private property.
J. Stormwater management utility or utility means the enterprise fund utility
created by this division to operate, maintain and improve the system and
for such other purposes as stated in this division.
May 9, 2016 – Ordinance 2810
§204A.2 Declaration of purpose; establishment of district.
A.The city council finds, determines, and declares it to be conducive to the health,
welfare, safety and convenience of the city and its residents that a stormwater
management utility district be established within the city. Consequently, pursuant
to I.C. § 384.84(1), a stormwater management utility district, to be known as The
Waukee Stormwater Management Utility, is established, and it is ordained and
declared that the property located within the City Limits of the City of Waukee
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shall be and constitute the stormwater management utility district, and that the
utility shall comprise and include elements of the city's stormwater drainage and
flood protection systems which provide for the collection, treatment and disposal
of stormwater, surface water, and groundwater. It is further found, determined,
and declared that the elements of the stormwater management utility are of benefit
and provide services to all real properties within the incorporated city limits,
including property not directly served by the stormwater drainage system, and that
such benefits and services may include but are not limited to the provision of
adequate systems of collection, conveyance, detention, treatment and release of
stormwater; the reduction of hazard to property and life resulting from stormwater
runoff and flooding; improvement in general health and welfare through reduction
of undesirable stormwater conditions and flooding; and improvement to the water
quality in the stormwater and surface water system and its receiving waters.
B.It is further determined and declared to be necessary and conducive to the
protection of the public health, welfare, safety and convenience of the city and its
residents that charges be levied upon and collected from the owners or occupants
of all lots, parcels of real estate, and buildings that discharge stormwater or
surface or subsurface waters, directly or indirectly, to the city stormwater
drainage system, and that the proceeds of such charges so derived be used for the
purposes of operation, maintenance, repair, replacement and debt service for
construction of the stormwater drainage and flood protection improvements
comprising the stormwater management utility.
§204A.3 Powers, duties and responsibilities.
The stormwater management utility shall have the following powers, duties, and
responsibilities:
A.Prepare ordinances as needed to implement this division and forward the
ordinances to the city council for consideration and adoption, and adopt such
regulations and procedures as are required to implement this division and carry
out its duties and responsibilities.
B.Administer the acquisition, design, construction, maintenance and operation of the
utility system, including capital improvements designated in the comprehensive
drainage plan.
C.Administer and enforce this division and all ordinances, regulations and
procedures adopted relating to the design, construction, maintenance, operation
and alteration of the utility system, including but not limited to the quantity,
quality and/or velocity of the stormwater conveyed thereby.
D.Inspect private systems as necessary to determine the compliance of such systems
with this division and any ordinances or regulations adopted pursuant to this
division.
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E.Prepare and revise a comprehensive drainage and flood protection plan for
periodic review and adoption by the city council.
F.Review plans, approve or deny, inspect and accept extensions to the stormwater
drainage system.
G.Establish and enforce regulations to protect and maintain water quality within the
system in compliance with water quality standards established by state, regional
and/or federal agencies as adopted or amended.
H.Annually analyze the cost of services and benefits provided, and the system and
structure of fees, charges, fines and other revenues of the utility, and make
recommendations regarding adjustments to such fees, charges, fines and other
revenues.
I.Prepare an annual operating budget for the utility and make recommendations
regarding the financing of the cost of extending and replacing the system.
§204A.4 Organization. The city council shall be the governing body of the
stormwater management utility. The stormwater management utility shall be under the direction,
management and control of the Public Works Director who shall function as its director. In that
capacity, the director shall supervise the day-to-day operation of the stormwater management
utility, shall enforce this division and the provisions of all ordinances and regulations adopted
pursuant to this division and shall carry out the policy directives of the city council acting in its
role as governing body of the stormwater management utility.
§204A.5 Stormwater Service Charges Required. Every customer whose
premises is served by a connection with the stormwater management system and facilities of the
City of Waukee, either directly or indirectly, shall pay to the City stormwater service charges
hereinafter established and specified for the purpose of contributing towards the costs of
construction, maintenance and operation of the stormwater management system and facilities and
at least sufficient to pay the principal and interest related to Bonds issued for the purpose of
financing all or part of those costs, and sufficient to comply with any covenants or conditions
associated with any such Bonds so issued.
§204A.6 Effective Date of Stormwater Service Charges. Stormwater service
charges shall accrue beginning July 1, 2006 and shall be billed monthly thereafter to all
customers.
§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 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:
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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, 2020 - $6.25 per Month
C.Commercial/Industrial. A storm sewer availability charge will be based on the
following schedule:
Commencing July 1, 2020 - $6.25 per ERU per Month
The number of Equivalent Residential Unites (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 approve Site Plan for the property.
Stormwater fee billing will begin upon water meter installation.
April 4, 2016 – Ordinance 2803
April 16, 2018 – Ordinance 2885
October 15, 2018 – Ordinance 2904
April 20, 2020 – Ordinance 2956
§204A.8 Rate Appeals. Any customer who believes the provisions of this chapter
have been applied in error may appeal in the following manner:
A.An appeal must be filed in writing with the City of Waukee City Administrator.
In the case of service charge appeals, the appeal shall include a survey prepared
by a registered Iowa land surveyor or professional engineer containing
information on the total property area, the impervious surface area and any other
features or conditions which influence the hydrologic response of the property to
rainfall events.
B.Using the information provided by the appellant, the City Administrator shall
conduct a technical review of the conditions on the property and respond to the
appeal in writing within thirty (30) days.
C.In response to an appeal, the City Administrator may adjust the stormwater
service charge applicable to a property in conformance with the general purpose
and intent of this chapter.
D.A decision of the City Administrator which is adverse to an appellant may be
further appealed to the City Council within thirty (30) days of receipt of notice of
the adverse decision. Notice of the appeal shall be served on the City Council by
the appellant, stating the grounds for the appeal. The City Council shall schedule
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a public hearing within thirty (30) days. All decisions of the City Council shall be
served on the appellant by registered mail, sent to the billing address of the
appellant.
E.All decisions of the City Council shall be final.
§204A.9 Exemption From Fees; Special Conditions. In special conditions, the
City Administrator of the City of Waukee may, upon a written request for an exemption of fees
filed with the Utility Billing Department, grant fee payment and collection variances after
determining that granting the variance would be in the City’s best interest, will improve
efficiency, safety and is practical. Upon granting of any variance, the City Administrator shall
file notice with the Cit Council giving reason(s) for the variance.
§204A.10 Billing for Stormwater Service. Billing and payment for stormwater
services shall be in accordance with the following:
A.Bills Issued. The Utility Billing Department shall prepare and issue bills for
stormwater service on or before the last day of the month following each monthly
billing period which shall be billed on the Customers combined service account.
B.Bills Payable. Bills for stormwater service shall be due and payable at Waukee
City Hall by the twentieth (20th) of the month following the end of each monthly
billing period.
C.Late Payment Penalty. Bills not paid when due shall be considered delinquent. A
late payment penalty of one and one-half percent (1 ½ %) of the amount due shall
be added to each delinquent bill.
D.Returned Checks. A fee, as set forth in the fee schedule established by the City
Council of the City of Waukee, shall be charged for all checks not honored by the
bank.
§204A.11 Lien for Non-Payment. The owner of the premises served and any lessee
or tenant thereof shall be jointly and severally liable for stormwater service charges to the
premises. Stormwater service charges remaining unpaid and delinquent shall constitute a lien
upon the premises served and may be certified by the Clerk to the County Treasurer for
collection in the same manner as property taxes.
§204A.12 Lien Notice. A lien for delinquent stormwater service charges shall not
be certified to the County Treasurer unless prior written notice of intent to certify a lien is given
to the customer. If the customer is a tenant and if the owner or landlord of the property has made
a written request for notice, the notice shall also be given to the owner or landlord. The notice
shall be sent to the appropriate person by ordinary mail not less than thirty (30) days prior to
certification of the lien to the County Treasurer.
§204A.13 Discontinuance of Service. After giving reasonable notice, the Director
of Public Works may discontinue water service to any customer who has failed to pay the
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amounts due and owing under this chapter and who has not contested the payment therefore in
good faith.
§204A.14 Annual Revision of Rates. The City will review the stormwater service
charges at least yearly and revise the stormwater service charges as necessary to ensure that such
charges as herein established and specified generate adequate revenues to pay the costs of
maintenance and operation (including replacement and debt service) of a stormwater
management system and facilities and that the stormwater service charges continue to provide
for the proportional distribution of maintenance and operation costs (including replacement costs
and debt service) for a stormwater management system and facilities among the users and user
classes. The liability of a stormwater service user to pay for charges as provided in this chapter
shall not be contingent, however, upon any such review or revision.
June 5, 2006 – Ordinance 2582