HomeMy WebLinkAbout2016-05-09-Ordinance 2810_Storm Water Management UtilityORDINANCE NO.2810
AN ORDINANCE TO AMEND CHAPTER 204A,WAUKKE MUNICIPAL CODE,
REGARDING STORM WATER MANAGEMENT UTILITY.
WHEREAS,the City has determined to amend the definitions in Section 204A.l of the
Storm Water Management Utility Ordinance.
BE IT THEREFORE ORDAINED by the City Council of the City of Waukee:
Section I:Section 204A.1,Waukee Municipal Code,should be and the same is hereby
repealed and enacted in lieu thereof is as follows
)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
(g)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.Srormwater 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.Stormwarer 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.
Section 3.Re ealer.All ordinances or parts of ordinances in conflict with the provisions
of this ordinance are hereby repealed.
Section 4.Severabili 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 5.Effective Date.This ordinance shall be in effect from and after its final
passage,approval and publication as provided by law.
Passed by the Council the 9'"day of May,2016,and approved this 9 day of May,2016.
Rick Peterson,Mayor Pro Tem
Attest:
Rebecca D.Schuett,City Clerk