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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)
A. A stormwater service fee, calculated as provided in subsection D of this section, or as increased as provided in subsection E of this section, shall be imposed on each lot or parcel of real property within the City upon which any improvement or development creates an impervious surface or surfaces and upon the owners of the benefited real property. As used in this article, the term "impervious surface" means a surface on or in real property where the infiltration of stormwater into the earth has been reduced by manmade improvements such as, but not limited to, buildings or other structures, streets, parking lots, driveways, patio areas, roofs, sidewalks, paving and compacted surfaces. The stormwater service fee shall only be used to pay for the operation, maintenance, administration, capital improvements, MS4 permit administration and compliance, and routine functions of the City stormwater drainage system by the enterprise, and for the operation, maintenance, capital improvements and administration of future stormwater facilities which may be established within the City, or to pay for Stormwater Program expenses and improvements which are required by the terms of any intergovernmental agreement entered into by the City prior to June 1, 2016, and to pay for the design, right- of-way acquisition and construction or reconstruction of existing and future City stormwater facilities. This stormwater service fee is intended to constitute payment for use of the stormwater system by the benefited real property upon which the stormwater service fee is imposed and upon the owners of the benefited real property.
B. The fees and charges may be billed to the owner of a property, or to the lessee or other occupant of that property. However, the legal responsibility for payment of fees under this article shall always be the obligation of the property owner. The owner's obligation to pay the stormwater service fees shall be deemed satisfied to the extent that the lessee or other occupant of the owner's property pays the fee due. Failure of a lessee or occupant to pay a stormwater service fee shall not relieve the owner of liability for and the duty to pay that fee to the enterprise on or before the date due. It is at all times the property owner's duty to ascertain, know and pay the fees due upon the owner's property. Any failure of the City to provide notice to the property owner of the stormwater service fees due upon the owner's property shall not relieve the owner of the duty and responsibility to pay those fees.
C. Contiguous lots or parcels located within the City limits shall be treated as a single lot or parcel for calculation of stormwater enterprise fees if the following conditions are met:
1. The lots or parcels are contiguous. "Contiguous" shall mean adjacent lots or parcels with a common lot line. Lots or parcels separated by a public street right-of-way are not contiguous.
2. The lots or parcels are owned by the same person or entity.
3. The contiguous lots or parcels are all classified in the same property category established pursuant to subsection D of this section.
D. Effective July 1, 2018, stormwater service fees are hereby imposed upon all improved or developed property within the City based upon the following classifications of property as set forth in the table below:
Class Of Property | Fee Rate |
Residential property | $5.00 per dwelling unit/month |
Non-residential property | $30.00 per acre/ month |
E. Stormwater service fees as established in subsection D of this section may be increased by City Council by duly adopted City Council resolution only to the extent required to comply with a valid court order, Federal or State permits, Federal or State laws, or any intergovernmental agreement to which the City is a party which was entered into before June 1, 2016.
F. For individual parcels of improved or developed non- residential property larger than five (5) acres in size, in determining the size in acres or portion of an acre subject to the service fees, the SE Manager shall disregard contiguous areas of substantial size which either: 1) have not been improved and remain in a natural state, or 2) which are improved only with pervious grass or vegetative coverings, including park land, golf course playing areas, and grassed athletic fields; provided, however, that this provision shall under no circumstances be applied to exclude from the fees areas of grass and landscaping associated with improvements or developments. (Ord. 05-192; Ord. 07-133; Ord. 08-44; Ord. 17-69)
The stormwater service fee or other fees or charges imposed under this article shall not be imposed or collected on any City owned right-of-way, street, road or alley, and to the extent preempted by Federal law, any railroad right-of-way used exclusively for trackage and related safety appurtenances. (Ord. 05-192; Ord. 08-44)
A. The City is authorized to invoice, bill and collect stormwater service fees directly to the owners or occupants of property or to contract with Utilities to do so. In the event billing and collection of stormwater service fees, or any component portion of such fees, is handled by Utilities, such charges shall be deemed to constitute "user charges" and be subject to the collection procedures and remedies provided in sections 12.1.112 and 12.1.113 of this Code, in the same manner as for wastewater utility services. In such case, Utilities employees designated by the Chief Executive Officer shall have the same powers and authority granted herein to City employees designated by the SE Manager to take actions for collection of stormwater service fees and enforcement.
B. City employees designated by the SE Manager shall, at all reasonable times, have access to and the authority to enter any real property within the City and any buildings or improvements to allow inspection for the proper determination of, or adjustment of, stormwater service fees and other charges to be paid to the stormwater enterprise. If the owner or occupant of any premises located within the City refuses to permit entry by the authorized inspector when entry is sought pursuant to this article, the authorized inspector may make application to any Judge of the Municipal Court of the City for the issuance of an inspection warrant. The application shall identify the premises upon which entry is sought and the inspection purpose for which entry is desired, state the facts giving rise to the need for an inspection and otherwise conform with the requirements of CMCR 241. Any warrant issued pursuant to the application shall command the owner or occupant to permit entry by the authorized inspector for the purpose stated.
C. Any stormwater service fee or other fee or charge due to the City which is not paid when due may be recovered by the City in an action at law, in addition to any other remedy permitted by law.
D. All fees and charges made pursuant to this article shall be a priority lien upon the property to which the fee or charge is associated from the date the fee becomes due until such fee is paid. The owner of the property shall be obligated to pay the fees or charges imposed. No change of ownership or occupancy shall affect the application of this article. The failure of any owner to learn that the owner purchased property against which a lien for stormwater service fees or other fees or charges exists shall in no way affect the owner's responsibility for such payment. Any delinquent amount may be enforced by assessment upon the property and premises served and certification to the County Treasurer for collection under and pursuant to the authority and procedure provided in the City Code.
E. The owner of any real property aggrieved by the administrative determination of the stormwater service fee or other fee or charge to be paid for the property may appeal the amount of the fee determination to the Director of Public Works. Within thirty (30) days 1 of the due date on the first bill from the City to the owner or occupant stating the fee due, a written notice of appeal must be filed with the SE Manager and shall contain the following information:
1. The fee applied to the property,
2. The fee the owner believes should have been applied to the property,
3. The methodology used by the owner to determine the fee the owner believes should have been applied to the property in accord with the terms of the City Council resolution setting the fees,
4. Any other information the owner feels is relevant to the owner's appeal.
A legible photocopy of that bill shall be attached to the notice of appeal, and the notice of appeal shall contain an address to which correspondence may be sent to the owner by United States mail, first class postage prepaid or registered.
F. The owner shall have the burden of proof through the information filed in the notice of appeal.
G. The Director of Public Works shall have the authority to affirm the fee, modify the fee by reducing the fee or refer the matter to the SE Manager for redetermination of the appropriate fee. The Director of Public Works shall decide the appeal within forty five (45) days 2 of receipt of the notice of appeal by the SE Manager, and shall send that determination by United States registered mail, return receipt requested, to the owner at the address indicated on the notice of appeal. In the event of referral back to the SE Manager, the SE Manager shall make a redetermination of the fee within forty five (45) days from the date of the Director of Public Works' referral, and shall send the SE Manager's determination by United States registered mail, return receipt requested, to the owner at the address indicated on the notice of appeal. If the SE Manager upholds the original fee, then the SE Manager's determination upholding the fee shall be deemed a final agency action. If the SE Manager reduces or increases the fee, then the new fee determined shall be appealable under the same procedure as identified above for an initial appeal. In the event of an appeal to the Director of Public Works, if the Director of Public Works affirms or modifies the fee, then the Director of Public Works' fee determination shall be deemed a final agency action. Appeals to the Director of Public Works may be filed only once in connection with any fee or determination, except upon a showing by the owner of changed circumstances upon the property resulting in a higher fee.
H. Any owner who is aggrieved by the final determination of an appeal by the Director of Public Works, or the SE Manager's determination upholding a referred fee, as set forth above, may appeal that final agency action to the District Court pursuant to CRCP 106(a)(4). (Ord. 05-192; Ord. 08-44; Ord. 17-69; Ord. 18-42)
Notes
| 1 | 1. See section 1.1.105 of this Code for computation of time. |
| 2 | 2. See section 1.1.105 of this Code for computation of time. |
The employees and contractors of the City shall, at all reasonable times, have access to any property within the City for emergency or general construction, inspection or repair of City owned or City operated stormwater facilities within public easements or rights-of-way and for administration and inspection for the City's NPDES stormwater programs. (Ord. 05-192; Ord. 08-44)
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