HomeMy WebLinkAbout2022-06-06 Ordinance 3039_Stormwater Rates, Correct Scrivener's ErrorORDINANCE NO. 3039
AN ORDINANCE TO AMEND CHAPTER 100, STORMWATER MANAGEMENT
UTILITY, BY AMENDING SECTION 100.05, STORMWATER SERVICES RATES AND
CHARGES, TO CORRECT A SCRIVENER'S ERROR REPEALING SUBSECTIONS
100.05(1) AND 100.05(3)
WHEREAS, on May 2, 2022, the Waukee City Council approved Ordinance No. 3034,
which amended Chapter 100, Stormwater Management Utility, by amending Section 100.05,
Stormwater Service Rates and Charges; AND,
WHEREAS, following Waukee City Council approval, it was discovered that a
scrivener's error in Ordinance No. 3034 repealed and replaced Section 100.05 in its entirety
when the intent was to repeal and replace Subsection 100.05(2), Basic Rates.
THEREFORE, BE IT ORDAINED by the City Council of the City of Waukee:
Section 1. Chapter 100, Waukee Municipal Code, Section 100.05 should be and the
same is hereby repealed and enacted in lieu thereof is as follows:
100.05 STORMWATER SERVICE RATES AND CHARGES.
1. Payment Required. Every customer whose premises is served by a
connection with the stormwater management system and facilities of the City, 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.
2. Basic Rates.
A. 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 customer's
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:
(1) Undeveloped. A flat storm sewer availability charge at the rate of
$0.00 per month.
(2) 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, 2022 - $6.50 per Month
(3) Commercial/Industrial. A storm sewer availability charge will be
based on the following schedule:
Commencing July 1, 2022 - $6.50 per ERU per Month
B. 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 approve Site Plan for the property.
C. Stormwater fee billing will begin upon water meter installation.
3. Annual Revision of Rates. The City will review the stormwater service
charges at lease 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.
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 upon its final passage,
approval and publication as provided by law.
Passed by the Council this Oh day of June, 2022 and approved this 6'" day of June, 2022.
Attest:
lY '
Rebecca D. Schuett, City Clerk
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R. OtTarles Bottenberg, Mayor Pro Tern