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Pursuant to I.C. 8-1.5-5-4, responsibility for control and management of the storm water facilities shall be and is hereby delegated and assigned to the City Board of Works. The Board of Works shall prepare a budget for the operation of the Department on an annual basis which budget shall be subject to approval by the City Council. Any issue of bonds or other methods for making capital improvements shall be approved by the City Council as provided by law.
(Ord. 1-2016, passed 6-7-2016)
(A) A storm water service charge shall be imposed on each and every lot and parcel of land within the city which directly or indirectly contributes to the storm water system of the city, which charge shall be assessed against the owner, who shall be considered the user and ultimately responsible for the service for the purpose of this subchapter.
(B) This charge is deemed reasonable and is the minimum necessary to pay for the repair, replacement, planning, improvement, operation, regulation, and maintenance of the existing and future city storm water system.
(C) The storm water service charge shall, unless extended by City Council action, expire and cease to be collected 20 years from the first collection of the storm water service charge under this subchapter.
(Ord. 1-2016, passed 6-7-2016)
(A) Each parcel of property within the city shall be individually subject to a storm water service charge.
(B) For each parcel that directly or indirectly contributes to the storm water system of the city, the storm water service charge shall be based on the presence of and/or measure of impervious surface are on the parcel or property.
(C) Each parcel of property shall be classified as residential or nonresidential. The Board of Works is authorized to establish the classification of an individual parcel or property based upon its primary use.
(D) This storm water rate is designed to recover the cost of rendering storm water service to the users of the storm water system and shall be the basis for assessment of the city’s storm water service charge. This rate is further designed to maintain adequate reserves to provide for reasonably expected variations in the cost of providing services, as well as variations in the demand for services.
(E) This rate shall be evaluated annually by the Board of Works as to its sufficiency and an evaluation report shall be provided to the city no later than April 30 of each year.
(Ord. 1-2016, passed 6-7-2016)
(A) There is hereby assessed a storm water service charge to each user in the city who contributes directly or indirectly to the storm water system of the city, in an amount defined below.
(B) It is hereby established that an equivalent residential unit (ERU) shall be defined as one residential property which shall be defined as a separate parcel shown in the County Assessor’s office without regard to the area of the parcel. At such time in the future the City Council may choose to assess an area to the ERU, but for the purposes of this subchapter, it is defined as a separate parcel of property located within the corporation boundaries of the city.
(C) All properties having impervious surface area within the city shall be assigned an ERU, or multiple thereof, with all properties having impervious area assigned at least one ERU.
(D) The storm water service charge for one ERU is hereby established at the rate of $5 per month. The total service charge for a particular property shall be one ERU without regard to the area of the parcel.
(E) Residential properties shall be assessed a monthly service charge for storm water service of one ERU. This flat fee shall apply to all residential properties as defined herein.
(F) For the purpose of this subchapter, the nonresidential properties in the corporation boundaries shall be assessed at one and one-half times an ERU.
(G) Only whole ERUs shall be used in determining the assignment of gross ERUs to a property.
(Ord. 1-2016, passed 6-7-2016)
(A) Storm water service charge levied pursuant to this subchapter shall be in effect from July 1, 2016, and shall be shown on the utility billing statement due and payable on or before the due dates shown on the billing statement.
(B) Any storm water service charge not paid by the due date shall be considered delinquent. The delinquent charge of one-half the applicable monthly rate of the billed amount shall be added to the next statement rendered.
(C) Delinquent storm water service charges constitute a lien against a property and may be collected along with applied penalties, recording fees, and service charges, in accordance with the provisions of I.C. 36-9-23-32 and 36-9-23-33, as amended from time to time. Delinquent storm water service charges, together with delinquent penalties, cost of collection, legal fees, and other expenses, may be collected by any lawful remedy.
(Ord. 1-2016, passed 6-7-2016)
(A) A user liable for payment of a storm water service charge may appeal any billing dispute to the Board of Works. Such appeal shall be filed in writing with supporting evidence no later than 30 days after the action or decision being appealed from.
(B) The Board of Works shall consider the appeal and make a decision within 60 days from the date the appeal was filed. If a decision is not rendered within the 60-day period, or if the user disagrees with the decision rendered, the user may make a written request for a hearing before the City Board of Works no later than 90 days from the date the appeal was filed. The Board of Works will render a final decision within 30 days thereafter.
(C) During the appeal period, the usurer will continue to pay the storm water service charge and any other charge hereunder, which charges will be subject to rebate if required by the final decision of the Board of Works.
(Ord. 1-2016, passed 6-7-2016)
All revenues earned and storm water service charges collected for storm water service, including, but not limited to, drainage service charges, permit and inspection fees, directed charges, and interest earnings on any used funds shall be deposited in an account entitled “Gas City Storm Water Revenue Fund” and shall be subject to the provisions of I.C. 36-9-23, as amended from time to time. Disbursements from the Storm Water Revenue Fund shall be authorized by the Board of Works, and, as required by law, by the City Council. Such disbursements shall be used exclusively for the operation, maintenance, and improvement of the city’s storm water system. Funds from this account shall not revert to any other city utilities or the General Fund of the city and may not be transferred for any other purpose.
(Ord. 1-2016, passed 6-7-2016)
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