§ 52.241  SERVICE CHARGE AND EXEMPTIONS; RATE SCHEDULE.
   (A)   Service charge and exemptions.
      (1)   (a)   There is hereby established a service charge for the city’s stormwater drainage system at rates hereinafter established; provided, however, that the service charge shall not be imposed on the following types of property:
            1.   Unmetered city streets, rights- of-way and open space;
            2.   Unmetered state highways or county rights-of-way;
            3.   Undeveloped parcels of land;
            4.   Unmetered railroad rights-of- way;
            5.   City property; or
            6.   Utility account holders of residential property where the utility account holder is eligible for the property tax refund/credit, pursuant to 68 O.S. § 2906, or the homestead exemption for 100% disabled veterans, pursuant to Oklahoma Constitution Article 10, § 8E, may apply for and receive a credit for the amount of the service charge.
         (b)   All portions of any non-city property served by utilities shall not be exempt from the service charge imposed herein, regardless of the property’s location in a right-of-way, including parking lots, structures or other improved areas located in a right-of-way.
      (2)   (a)   Any non-residential property that is directly served by on-site stormwater retention or detention facilities may request a service charge credit adjustment for approved on-site stormwater retention or detention facilities provided:
            1.   The property owner remains responsible for all costs of operation and maintenance of the facility;
            2.   The facility has been constructed in accordance with all approved plans for reduction of the stormwater runoff of the property for which the adjustment is sought;
            3.   The owner has obtained city- required permits for the facility; and
            4.   The city has access to the facility for purposes of inspecting for compliance with design, maintenance, and operating standards.
         (b)   If the city approves a service charge credit for on-site stormwater retention or detention facilities, the credit will be applied by reducing the number of billable ESUs by the percent of reduction in stormwater runoff or the mitigative effect due to such on-site facilities, as determined by the city.  The net billable ESUs after such credit is applied shall be expressed in whole ESUs by rounding to the next highest ESU.  The maximum credit for on-site retention or detention facilities shall be 35% of the service charge before the credit adjustment.  The procedures for adjustment of charges set forth in § 52.243 shall apply to the determination and amount of the credit.
         (c)   If the facility’s performance might be affected because it fails to meet the proper operating standards, has been altered or is in disrepair, the property owner shall pay the monthly service charge at the normal rate without benefit of reduction.  Any property with an on-site detention facility which is maintained by the city or the public works department shall be charged normal annual service charge rates.
      (3)   The service charge imposed herein shall be billed to the utility account holder of the property.  Credit for partial payment of a utility account holder’s charges shall be applied to the stormwater service charge prior to charges for water service.  All proceeds from the service charge shall be maintained separately and utilized solely for the benefit of the city’s stormwater management program or stormwater drainage system or to comply with federal and state regulations concerning stormwater runoff.
   (B)   Rate schedule.  The monthly service charge rate is hereby established at $2.50 for each equivalent service unit assigned to a lot, tract, or parcel of real estate as herein provided.
      (1)   Residential property.  Residential property within the corporate limits of the city is hereby assigned one equivalent service unit for each developed lot, tract, or parcel of record with the County Clerk, the resulting service charge being $2.50 for each such lot, tract, or parcel; provided, however, that in the case of duplex or multi-family apartment development with two or more dwelling units on the same lot, tract, or parcel, a service charge of one equivalent service unit (ESU) shall be made to each dwelling unit.
      (2)   All other real estate.  The impervious surface of all other lots, tracts, or parcels of developed real estate within the corporate limits of the city shall be measured to determine the equivalent service units (ESU) to be assigned to such lots, tracts, or parcels; and the service charge shall be $2.50 for each equivalent service unit (ESU) or portion thereof.
      (3)   There are no caps on the monthly service charge rate.
(Ord. 2013-20, passed 10-21-13; Am. Ord. 2014-2, passed 3-3-14)