HomeMy WebLinkAboutOrdinance No. 1831, Stormwater Utility Rates and Charges d�
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ORDINANCE NO. 1831
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF BOZEMAN
ESTABLISHING A STORMWATER UTILITY AND PROVIDING THAT THE
BOZEMAN MUNICIPAL CODE BE AMENDED BY AMENDING 40.04.070 AND BY
ADDING DIVISION 7, SECTIONS 40.04.1000 THROUGH 40.04.1070 (STORMWATER
UTILITY RATES AND CHARGES).
WHEREAS, the City of Bozeman recognizes that clean water and a healthy environment
are necessary to maintain a high quality of life in a vibrant community; and
WHEREAS, much of the City's stormwater infrastructure dates to the 1800's and does
not adequately treat stormwater; and
WHEREAS, in July, 2006, the Montana Department of Environmental Quality (DEQ)
issued the City a Montana Pollutants Discharge Elimination System General Permit for Storm
Water Discharge Associated with Small Municipal Separate Storm Sewer Systems (MS4); and
WHEREAS, on March 22, 2010, the City Commission adopted Ordinance 1763 establishing
regulatory standards for treatment of stormwater currently codified at Chpt. 40, Art. 4, Bozeman
Municipal Code, based on the policy of protecting the health and welfare of the citizens of
Bozeman and the environment by monitoring, reducing, and regulating the discharges that may
cause pollution to the environment; and
WHEREAS, in August of 2011, the DEQ audited the City's MS4 permit and found eight
Commendable Elements, one Permit Violation, 16 Program Deficiencies, and 23
Recommendations for Improvement; and
WHEREAS, the City has determined that certain improvements to the City's stormwater
system and stormwater management will begin to alleviate the deficiencies in stormwater
management identified by the DEQ audit; and
WHEREAS, the City intends to provide for the funding of current and future activities related to
stormwater management including funding costs associated with inventory and analysis of the
City's stormwater management system and also for the planning, construction, and maintenance
of stormwater systems; and
WHEREAS, the planning and management, and development of facilities related to
stormwater is not properly a function of the existing City of Bozeman sewer utility; and
ORDINANCE NO. 1831, Storniwater Utility
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WHEREAS, the City of Bozeman finds that all developed property in the City
contributes to stormwater and will use or benefit directly or indirectly from the storm water
system, and
WHEREAS, the City Commission is authorized to establish a stormwater utility and
charge for the services, facilities, and benefits directly or indirectly afforded by the system as
provided under Title 7, Chpt.13, part 43, MCA, and Title 69, Chpt. 7, part 1, MCA.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY
OF BOZEMAN,MONTANA:
Section 1
That the table of contents to Chapter 40, Article 4, of the Bozeman Municipal Code be amended
to read as follows:
BOZEMAN, MONTANA, CODE OF ORDINANCES
Part 11 — CODE OF ORDINANCES
Chapter 40 --Utilities
ARTICLE 4. — STORMWATER
DIVISION 1. - GENERALLY
DIVISION 2. - DISCHARGE PROHIBITIONS
DIVISION 3. - CONSTRUCTION ACTIVITY
DIVISION 4. - REGULATIONS AND REQUIREMENTS
DIVISION 5. - STORMWATER MANAGEMENT PLANS AND COMPREHENSIVE
DRAINAGE PLANS
DIVISION 6. - INSPECTION AND ENFORCEMENT
DIVISION 7. - STORMWATER UTILITY RATES AND CHARGES
Sections:
40.04.1000. —Costs - purpose.
40.04.1010. Stormwater utility service area.
40.04.1020. —Operation cost determination.
40.04.1030. Monthly stormwater service char
40.04.1040. —Coordination with the Montana Department of Transportation.
40.04.1050. —Billing of charges, penalties for late payment and procedure to collect.
40.04.1060. —Establishment of Stormwater Utilily Fund.
40.04.1070. —Appeal and adjustment.
Section 2
ORDINANCE NO. 1831, Stormwater Utility
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That 40.04.070, BMC, shall be amended to add a definition of Stormwater Utility at
40.04.070.A.43 with all existing definitions being unchanged and renumbered accordingly:
..Stormwater Utility" means a funding mechanism for planning for, maintenance and operation
of, as well as capital improvements to, the stormwater system. The utility is a user fee charged to
all property within the service area which benefit from the utility."
Section 3
That a new Division 7 shall be added to Chapter 40, Article 4, Bozeman Municipal Code, to read
as follows:
40.04.1000. —Costs and purpose.
The purpose of the rates and charges shall be to generate sufficient revenue to pay all costs for
the operation, maintenance, administration, permitting, and routine functions of the existing City
stormwater system and the planning, engineering, construction, operation, maintenance, and
administration of such future stormwater systems as may be established within, or without, the
stormwater utility service area and to pay for the review of drainage plans, and the design, right-
of-way acquisition and construction or reconstruction of stormwater systems. All proceeds are
deemed to be in payment for use of the City stormwater systems.
40.04.1010. Stormwater utility service area.
The stormwater utility service area is inclusive of all lands annexed to the city and bounded by
the incorporated city limits as the same may be adjusted by the city commission. The city
reserves the right to plan for stormwater system improvements outside the service area. The city
may also construct stormwater system improvements outside the service area when needed as an
integral part of the stormwater system located within the stormwater utility service area.
40.04.1020. —Operation Cost Determination.
The City Manager shall periodically determine the total annual cost of operation and
maintenance of the stormwater systems and the City Engineer shall periodically develop
operating plans for the systems. The total annual cost of operation and maintenance of the
stormwater systems shall be include, but is not limited to all costs related to the city's activities
under this Article such as but not limited to planning and analysis, labor and personnel costs,
repairs, capital improvements, equipment and equipment replacement, maintenance, necessary
modifications, power, permitting, sampling, laboratory tests, hardware and software, overhead
and administration, and a reasonable contingency amount.
40.04.1030. —Monthly Stormwater Service Charge.
ORDINANCE NO. 1831, Stormwater Utility
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A monthly stormwater service charge is imposed and made applicable to all developed property
within the stormwater service area. The stormwater service charge is to be assessed for the
following purposes and for any other purpose incidental to or necessary to fulfill the purpose and
intent of this Article: The acquisition by gift, purchase or condemnation of real and personal
property, and interests therein, necessary to manage stormwater or to construct, operate, and
maintain stormwater systems; all costs of administration and implementation of the stormwater
management program, including the establishment of reasonable operating and capital reserves
to meet unanticipated or emergency stormwater management requirements; costs related to
planning, engineering and design, debt service and related financing expenses, and construction
costs for new stormwater systems, and enlargement or improvement of existing stormwater
systems; operation and maintenance of the stormwater system; monitoring, surveillance, and
inspection of stormwater systems; water quality monitoring and water quality programs;
retrofitting developed areas for pollution control; inspection and enforcement activities; billing
and administrative costs; and permitting. The charge shall be assessed to each parcel in the utility
service area upon a methodology and at a rate to be established by commission resolution.
Nonpayment constitutes a lien on the property, as are taxes and assessments, in accordance with
state law.
40.04.1040. -- Coordination with the Montana Department of Transportation.
The city shall solicit the Montana Department of Transportation's financial participation in all
stormwater system improvements constructed on or impacted by federal aid routes within the
city Iimits. This solicitation shall be in accordance with any then-existing city-state stormwater
agreement, if any.
40.04.1050. —Billing of charges; penalties for late payment and procedure to collect.
Stormwater service charges authorized by 40.04.1030 shall be included with the monthly water
and wastewater utility billing. Should any user fail to pay the stormwater service charge and
penalty within two months of the due date, the city may terminate water service to the property.
The city may also follow the collection procedure outlined in 7-13-4903, MCA.
40.040.1060. —Establishment of Stormwater Utility Fund.
All stormwater service charges shall be collected as provided in this Division and credited to a
fund to be known as the "Stormwater Utility Fund," which shall be at all times segregated and
maintained as a separate enterprise fund. All revenues collected pursuant to 40.04.1030 and all
grants, permit fees, and other charges collected related to stormwater management shall be
deposited to the fund. The Commission may make additional appropriations to the fund.
Disbursements from the fund shall be for the purposes described in 40.04.1030.
40.04.1070. —Appeal and adjustment.
ORDINANCE NO. 1831, Stormwater Utility
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A. The charges, fees, and costs established under this Article are deemed prima facie fair,
reasonable, and equitable. Any party who considers the charges applicable to their
premises unfair, inequitable, or unreasonable may apply to the City Engineer for
adjustment thereof, stating the facts and grounds of supporting the adjustment. In such
case, the City Engineer shall cause appropriate investigation and report to be made.
B. The City Engineer shall consider each and all of such complaints and reports and
communicate findings to the party seeking adjustment. The City Engineer shall accept the
request for adjustment, reject the request for adjustment, or make other such equitable
determination as the City Engineer determines necessary. The party seeking adjustment
may appeal such determination to the City Commission within 30 days of the City
Engineer's decision. In such a case, the appeal shall be conducted as a public hearing and,
if convinced that an adjustment of the charges for such premises is necessary to provide
reasonable equality with those charged to others, the City Commission shall so provide
by resolution fixing special charges for individual premises during the period of
continuance of special circumstances which make the standard charges unfair,
inequitable, unreasonable, or inadequate.
C. The City Engineer may notify the owner of any premises as to which the City Engineer
considers the rates and charges to be inadequate and the date upon which such increase in
the stormwater service charge shall commence which date may not be less than 60 days
from the date of such notice. The party noticed of an increase in stormwater service
charge may appeal to the City Commission within 30 days of such notice. The
Commission shall uphold the City Engineer's determination, reverse, or make other such
equitable determination it finds necessary."
Section 4
Repealer.
All provisions of the ordinances of the City of Bozeman in conflict with the provisions of
this ordinance are, and the same are hereby, repealed and all other provisions of the ordinances
of the City of Bozeman not in conflict with the provisions of this ordinance shall remain in full
force and effect.
Section 5
Savings Provision.
This ordinance does not affect the rights and duties that matured, penalties that were
incurred or proceedings that were begun before the effective date of this ordinance. All other
provisions of the Bozeman Municipal Code not amended by this Ordinance shall remain in full
force and effect.
Section 6
Severability.
That should any sentence, paragraph, subdivision, clause, phrase or section of this
ordinance be adjudged or held to be unconstitutional, illegal, or invalid, the same shall not affect
the validity of this ordinance as a whole, or any part or provision thereof, other than the part so
decided to be invalid, illegal or unconstitutional, and shall not affect the validity of the Bozeman
Municipal Code as a whole.
ORDINANCE NO. 1831, Stormwater Utility
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Section 7
Codification.
This Ordinance shall be codified as indicated in Section 1 —3
Section 8
Effective Date.
This ordinance shall be in full force and effect thirty (30) days after final adoption.
PROVISIONALLY PASSED by the City Commission of the City of Bozeman,
Montana, on first reading at a regular session held on a 11'h of June, 2012.
AN A. BECKER
O Mayor
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city 1 '
FINALLY PASSED, ADOPTED AND APPROVED by the City Commission of the
City of Bozeman, Montana on second reading at a regular session thereof held on the 25`x' of
June, 2012. The effective date of this ordinance is July, 25, 2012.
SEAN A.BECKER
Mayor
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j.° • '��• APPROVED AS TO FORM:
ULLIVAN
City ttorney
ORDINANCE NO. 1831, Stormwater Utility
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