ARTICLE 8 STORMWATER ENTERPRISE
SECTION:
14.8.101: Legislative Declaration
14.8.102: Functions And Activities
14.8.103: Delegation Of Authority
14.8.104: Enterprise Status; Revenue Bonding; Accountability; Contracts
14.8.105: Stormwater Advisory Committee
14.8.106: Stormwater Enterprise Fund; Expenditures
14.8.107: Stormwater Service Fee
14.8.108: Property Exempt From Stormwater Service Fees
14.8.109: Collection Of Fees And Enforcement
14.8.110: Right Of Entry For Construction, Inspection Or Repair Of Public Stormwater Facilities
14.8.111: No Assumption Of Liability By The City
14.8.112: Severability
A. The general health, welfare and safety of the people of Colorado Springs is protected and safeguarded by the accommodation of stormwater drainage and control. It is necessary for the City to plan for and provide facilities to drain and control stormwater properly within the City so that the pollution of underground and surface waters is reduced and the natural environment is enhanced. In furtherance of this declaration, Council recognizes the following principles:
1. The public stormwater drainage system owned and operated by the City within the City of Colorado Springs, and upon property controlled by the City of Colorado Springs under the City's home rule authority, is owned and operated by the City in its governmental capacity under the City's police power for the health, welfare, safety, convenience and necessity of the citizens of the City of Colorado Springs.
2. All residents, businesses and properties within the City of Colorado Springs benefit from the City stormwater drainage system. These benefits include enhanced public safety and a general improvement to the quality of life and the business climate within the City of Colorado Springs.
3. It is just, reasonable and appropriate to recover the costs of the public stormwater drainage system from the individuals, businesses and properties located in the City of Colorado Springs through a service charge. Service charges, also known as service fees, are a recognized method by which a home rule city can collect the costs of a service from the individuals, businesses, and properties that benefit from the service.
4. An effective and fair funding system for necessary public stormwater facilities is desirable and should be established. Service charges or fees should be established by City Council in amounts sufficient to defray the development, capital improvements, operations and maintenance costs of the public stormwater drainage system and should be charged to properties located within the City of Colorado Springs, both residential and nonresidential, that benefit from the stormwater service provided by the City.
B. A stormwater service charge or fee benefits all users of the City's stormwater facilities by allowing for the construction, improvement, operation and maintenance of public stormwater facilities and a public stormwater system in the City. These facilities and the system in turn promote the general health, safety and welfare of users during storms and floods, and provide other benefits, including, but not limited to: 1) protecting the movement of emergency vehicles and emergency personnel; 2) keeping access open to necessary and critical public and private facilities and buildings; 3) preventing death and injury to persons; 4) preventing damage to public and private property; 5) protecting the continued operation of other public utility services; and 6) allowing compliance with the clean water requirements of Federal law.
C. The provision of stormwater drainage and control through a stormwater enterprise, a financially self-sufficient activity supported by the fees it collects, best serves the public interests identified in this declaration.
D. City Council expressly does not intend any provision of this article be interpreted to relieve any person or entity of any obligation to provide or fund studies, updates or drainage facilities under any other provision of the City Code, or under any annexation agreement, contract or other obligation whatsoever, nor shall this article be interpreted to waive or affect any obligation of any person or entity to comply with any ordinance, resolution, rule, regulation, policy or tariff as it may relate to utilities, zoning, planning, subdivision or other requirement under the City Code. (Ord. 05-192; Ord. 08-44)
The enterprise shall perform the following functions:
A. Provide funding for administration and enforcement of the City's National Pollutant Discharge Elimination System (NPDES) Municipal separate storm sewer (MS4) permit.
B. Provide maintenance activities for the City owned stormwater infrastructure.
C. Design, fund, construct, repair and replace City owned stormwater infrastructure.
D. Make recommendations to the Subdivision Storm Drainage Board for drainage basin studies and periodic drainage basin study updates for new and existing infrastructure to address design requirements and fiscal impacts for planning, operation, capital and development, and fund drainage basin study updates for drainage infrastructure and facility planning in accord with section 7.4.702
of the City Code.
E. Provide public education and information on stormwater and stormwater related matters.
F. Communicate with El Paso County and adjacent municipalities to ensure that the City's drainage system functions in harmony with the drainage systems of those adjacent governments, and communicate with Federal, State and local government jurisdictions within the Fountain Creek Watershed for a coordinated regional approach to regional drainage issues and concerns.
G. Cooperate with Federal and State agencies and Municipal, County and other local governments, including but not limited to compliance with intergovernmental agreements.
H. Collect and manage all enterprise stormwater service fees and charges imposed pursuant to this article.
I. Explore and recommend to City Council drainage basin fee programs with the goal of maintaining a user pay orientation for new development, and make recommendations to City Council to address deficits in Drainage Basin Fee Program reimbursements.
J. Administer and manage revocable permits issued for monitoring wells or private connections to the public stormwater system located in City rights-of-way and revocable licenses for monitoring wells or private connections to the public stormwater system located in drainage easements, tracts or other City owned property, all in accord with the provisions of chapter 3, article 2, part 2 of this Code.
K. Any additional functions as City Council may direct by ordinance or resolution.
City Council expressly does not intend that any provision of this article be construed as limiting or preventing the City from providing operation, construction, repair or maintenance of City stormwater facilities with General Fund financing.
(Ord. 05-192; Ord. 08-44; Ord. 08-45; Ord. 17-69; Ord. 23-17)
A. Enterprise Status: The stormwater enterprise is an enterprise operation of the City of Colorado Springs. The SE Manager shall operate the enterprise to ensure:
1. The enterprise functions as a self-sustaining government owned business which may issue its own revenue bonds;
2. The enterprise receives over seventy five percent (75%) of its annual nondebt revenue from nongovernment sources; and
3. The enterprise receives less than ten percent (10%) of its annual revenues in grants from all Colorado State and local governments combined.
B. Revenue Bonding: The stormwater enterprise may, by ordinance of City Council, issue its own revenue bonds on behalf of the City, which revenue bonds shall be payable solely from the net revenues (including fees, charges and any other special assessments) derived from the operation of the enterprise, as may be designated in the Council's bonding ordinance.
C. Accountability:
1. All claims against the enterprise operations shall be in accord with chapter 1, article 5, part 5 of this Code.
2. In accord with the provisions of chapter 1 of this Code, the City Auditor shall have those duties and responsibilities imposed by City Council to ensure the public accountability of the enterprise operation.
D. Contracts:
1. The SE Manager is authorized to execute all necessary contracts and agreements in the name of the City of Colorado Springs, except that contracts and agreements between the enterprise and other Colorado or Federal governmental entities (intergovernmental agreements) shall be subject to the approval of City Council. Business contracts executed in the name of the enterprise shall be deemed to have been executed by the City of Colorado Springs on behalf of its enterprise and shall be legally enforceable by the City against third parties and by third parties against the City to the same extent that would occur if the business contract had been executed by the City of Colorado Springs on behalf of its enterprise. In addition, all contracts executed in the name of the enterprise shall be interpreted or construed by any reviewing court as having been executed by the City of Colorado Springs on behalf of its enterprise. All contracts and agreements containing any direct or indirect fiscal obligation whatsoever shall be subject to the appropriation of funds for those obligations.
2. Except as otherwise provided, the SE Manager is authorized to execute all enterprise contracts and agreements except those which by City Charter, this Code or other controlling law are required to be executed by a Municipal Officer of the City. The SE Manager may delegate signatory authority by written administrative regulation to staff reporting to the SE Manager and may provide by written administrative regulation for the further delegation of signatory authority.
3. Real or personal property donated to or acquired by the enterprise shall be held in the name of the City of Colorado Springs. (Ord. 05-192; Ord. 08-44)
A. City Council shall appoint the members of a Stormwater Advisory Committee to provide City Council with:
1. Citizen input regarding the stormwater system and operation of the enterprise.
2. Advice and recommendations, from time to time, on the projects to be undertaken by the enterprise.
B. The Stormwater Advisory Committee shall comply with the provisions of City Charter, this Code and the rules and procedures of City Council. All members shall serve at City Council's pleasure and under any terms and conditions as City Council may determine.
C. The Stormwater Advisory Committee shall have seven (7) members. The members of the Stormwater Advisory Committee shall be composed of:
1. Two (2) members who shall reside within the City limits with experience or training in civil engineering, water law or water resources planning, flood control or related fields;
2. One member actively engaged in the business of property development or homebuilding;
3. One member who owns or represents a commercial property or business within the City limits;
4. One member who owns and resides in a single-family residence within the City limits;
5. One member who represents a public institution, school, educational institution, or governmental entity that owns property within the City limits; and
6. One member who represents a nonprofit organization located within the City limits.
D. The SE Manager shall appoint a member of the SE Manager's staff to act as liaison between the enterprise and the Stormwater Advisory Committee and to serve as Secretary to the Committee.
E. The Stormwater Advisory Committee shall meet not less than twice per year and shall create its own rules of procedure or bylaws for conducting the Committee's meetings, which shall be reviewed and approved by City Council in accord with section 1.2.903 of this City Code. (Ord. 05-192; Ord. 06-190; Ord. 08-44; Ord. 17-69)
The fees and charges and other revenue generated by the stormwater enterprise shall be deposited in the Stormwater Enterprise Fund, which shall be a fund of the City of Colorado Springs. The enterprise revenue placed into the Stormwater Enterprise Fund shall only be expended to fund the stormwater enterprise activities, and shall not be placed into the City's General Fund or used for any purpose other than the functions and activities of the stormwater enterprise. All revenues and expenditures of the enterprise relating to the stormwater system shall be considered revenues and expenditures of the enterprise. (Ord. 05-192; Ord. 08-44)
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