(A) Revenue Sources for the Stormwater Management Utility. The Stormwater Utility Funding sources may include the following:
(1) Stormwater Utility Fees;
(2) Stormwater Assessments;
(3) Stormwater permit and inspection fees;
(4) Other funds or income obtained from federal, state, local, and private grants or revolving funds;
(5) Bonds issued or loans obtained using future Stormwater Charges as collateral; and
(6) Any other revenues budgeted by the City Council for Stormwater Management Services and Stormwater Management Facilities.
(B) Enterprise Fund. The City Manager, Director, or their designee, shall establish an enterprise fund exclusively for the deposit and withdrawal of all revenue collected or received pursuant to this Subchapter. The City Manager, Director, or their designee shall use the enterprise fund for the independent and separate accounting of all revenues, expenditures, assets and liabilities, and earnings and obligations of the Utility and including the following purposes:
(1) The acquisition by gift, purchase, or condemnation of real and personal property and interests therein, necessary to construct, operate, and maintain Stormwater Management Services and Stormwater Management Facilities;
(2) All costs of administration and implementation of the Stormwater Management Services and Stormwater Management Facilities, including the establishment of reasonable operating and capital reserves to meet unanticipated or emergency stormwater management requirements;
(3) Engineering and design, debt service and related financing expenses, construction costs for new facilities, and enlargement or improvement of existing facilities;
(4) Operation and maintenance of the Stormwater Management Services and Stormwater Management Facilities;
(5) Monitoring, surveillance, and inspection of Stormwater Management Facilities;
(6) Permitting, water quality monitoring, and water quality programs;
(7) Retrofitting developed areas for pollution control;
(8) Inspection and enforcement activities;
(9) Billing and administrative costs; and
(10) Other activities reasonably required to carry out the City's stormwater management program.
(C) Within each Stormwater Management Area, the City Council intends to fund all or part of the cost of providing Stormwater Management Services and Stormwater Management Facilities through Stormwater Charges. The City Council has further concluded that periodic determination of revenues earned and expenses incurred in connection with the provision of Stormwater Management Services and Stormwater Management Facilities will enhance accountability and management control of the City's Stormwater Management Utility and will facilitate implementation of the City Council's funding policy for Stormwater management. Accordingly, the City Manager shall establish a separate Stormwater Utility Fund for each Stormwater Management Area, which shall be maintained separate and apart from all other accounts of the City. Upon receipt, all Stormwater Charges shall be deposited into the appropriate Stormwater Utility Fund. Proceeds of the Stormwater Charges collected within each Stormwater Management Area shall be used solely for the provision of Stormwater Management Services and Stormwater Management Facilities provided therein. Interest earned on Stormwater Charges shall not accrue to the City general fund but shall remain with the Stormwater Utility Fund.
(D) Imposition of Stormwater Charges. The City Council is hereby authorized to impose Stormwater Charges against property within all or a portion of the City included in a Stormwater Management Area by subsequent resolution(s) of the City Council as further provided herein.
(1) Stormwater Assessments. The City Council is hereby authorized to impose Stormwater Assessments against Benefitted Property within a Stormwater Management Area. All Stormwater Assessments imposed pursuant to this subchapter within a Stormwater Management Area shall be imposed in accordance with the procedures set forth in Chapter 56 of the Code and Section 6.02 of the City Charter.
(a) The Stormwater Service Cost or Project Cost may be assessed against Benefitted Property located within a Stormwater Management Area at a rate of assessment based upon the special benefit accruing to such property from the Stormwater Management Service and Facilities provided by the City.
(b) Notwithstanding the foregoing, if the City Council specifically determines that any portion of a Stormwater Management Area receives a distinct special benefit from any component of the Stormwater Management Services or Stormwater Management Facilities that is materially different in kind or degree from the special benefit received by other portions of such Stormwater Management Area, the Stormwater Service Cost or Project Cost related to such component shall be assessed against the portion of the Stormwater Management Area receiving the distinct special benefit.
(c) For any Fiscal Year in which Stormwater Assessments will be imposed within a Stormwater Management Area, the City Council shall determine the Stormwater Service Cost or Project Cost, the rate of assessments, and the methodology pursuant to which these costs will be apportioned amongst Benefitted Property by separately adopted resolutions in accordance with the procedures set forth in Chapter 56 of the Code.
(2) Stormwater Utility Fees. The City Council is hereby authorized to impose Stormwater Utility Fees on all Benefitted Property within a Stormwater Management Area to fund all or any portion of the Stormwater Service Cost or Project Cost at a just, fair, reasonable, and equitable rate based upon such property's Stormwater burden and the reasonable cost of providing Stormwater Management Services to such property.
(a) The rate of the Stormwater Utility Fee imposed within a Stormwater Management Area and the methodology pursuant to which the Stormwater Service Cost or Project Cost will be apportioned amongst Benefitted Property shall be established by separate resolution of the City Council, and may, at the discretion of the City Council, be included within a resolution imposing Stormwater Service Assessments.
(b) Notwithstanding the foregoing, if the City Council specifically determines that any portion of a Stormwater Management Area receives a distinct special benefit or service from any component of the Stormwater Management Services or Stormwater Management Facilities that is materially different in kind or degree from the special benefit received by other portions of such Stormwater Management Area, the Stormwater Service Cost or Project Cost related to such component shall be assessed against the portion of the Stormwater Management Area receiving the distinct special benefit.
(c) Stormwater Utility Fees shall be adopted by a resolution approved by the City Council after a public hearing. The public hearing must be advertised at least ten days in advance in a newspaper of general circulation in the City setting forth the date, time and place of the public hearing, the current rate(s), the proposed rate(s), and the effective date of the proposed rate(s). A separate public hearing is not required to amend rates, fees, and charges pursuant to a previously adopted price index adjustment. All rate changes shall apply to the first billing cycle after the effective date for the rates, unless otherwise provided by resolution.
(3) Collection of Stormwater Charges. The Stormwater Charges authorized herein may be collected by the City pursuant to any legally available method or combination of such methods, including but not limited to: (1) for Stormwater Assessments, collection on the ad valorem tax bill pursuant to Chapter 56 of the Code and the Uniform Assessment Collection Act; (2) collection on the utility bill; or (3) collection by separate bill.
(Ord. 2020-29, passed 7-2-20)