100.03 POWERS, DUTIES AND RESPONSIBILITIES.

The City Council shall have the following powers, duties, and responsibilities:

1.   Prepare ordinances as it deems appropriate to implement this chapter, and adopt such regulations and procedures as are required to implement this chapter and carry out its duties and responsibilities.

2.   Administer the acquisition, design, construction, maintenance and operation of the utility system, including capital improvements designated in the comprehensive drainage plan.

3.   Administer and enforce this chapter and all ordinances, regulations, and procedures adopted relating to the design, construction, maintenance, operation, and alteration of the utility system, including, but not limited to, the quantity, quality and/or velocity of the stormwater conveyed thereby.

4.   Inspect private systems as necessary to determine the compliance of such systems with this chapter and any ordinances or regulations adopted pursuant to this chapter.

5.   Prepare and revise a comprehensive drainage and flood protection plan for periodic review and adoption by the City Council.

6.   Review plans, approve or deny, inspect and accept extensions to the stormwater drainage system.

7.   Establish and enforce regulations to protect and maintain water quality within the system in compliance with water quality standards established by State, regional and/or federal agencies as adopted or amended.

8.   Annually analyze the cost of services and benefits provided, and the system and structure of fees, charges, fines and other revenues of the utility, and make recommendations regarding adjustments to such fees, charges, fines and other revenues.

9.   Prepare an annual operating budget for the utility and make recommendations regarding the financing of the cost of extending and replacing the system.

100.04 ORGANIZATION AND SUPERVISION.

The City Council is the governing body of the Stormwater Management Utility. The Stormwater Management Utility shall be under the direction, management, and control of the Public Works Director, who shall function as its Director. In that capacity, the Director shall supervise the day-to-day operation of the Stormwater Management Utility, shall enforce this chapter and the provisions of all ordinances and regulations adopted pursuant to this chapter, and shall carry out the policy directives of the Council acting in its role as governing body of the Stormwater Management Utility.

100.05 STORMWATER SERVICE RATES AND CHARGES.

1.   Payment Required. Every customer whose premises is served by a connection with the stormwater management system and facilities of the City, either directly or indirectly, shall pay to the City stormwater service charges hereinafter established and specified for the purpose of contributing towards the costs of construction, maintenance, and operation of the stormwater management system and facilities and at least sufficient to pay the principal and interest related to bonds issued for the purpose of financing all or part of those costs, and sufficient to comply with any covenants or conditions associated with any such bonds so issued.

2.   Basic Rates.

   A.   Except as hereinafter noted, each customer whose property lies within the corporate limits of the City shall pay to the City, as a part of the customers combined service account with the Waukee Utility Billing Department, at the same time payment for other City utilities are made, the following charges per Equivalent Residential Unit associated with the customer’s property: †

      (1)   Undeveloped. A flat storm sewer availability charge at the rate of $0.00 per month.

      (2)   Residential. A storm sewer availability charge, regardless of the amount of the consumption by such customer, will be based on the following schedule:

         Commencing July 1, 2024 - $7.40 per month

      (3)   Commercial/Industrial. A storm sewer availability charge will be based on the following schedule:

         Commencing July 1, 2024 - $7.40 per ERU per month

   B.   The number of Equivalent Residential Unites (ERU) on each property shall be calculated by the Engineering Department based on the most recent aerial photograph available to the City of Waukee and/or impervious surface data from an approve Site Plan for the property.

   C.   Stormwater fee billing will begin upon water meter installation.

(Subsection 2 – Ord. 3110 – May 24 Supp.)

3.   Annual Revision of Rates. The City will review the stormwater service charges at lease yearly and revise the stormwater service charges as necessary to ensure that such charges as herein established and specified generate adequate revenues to pay the costs of maintenance and operation (including replacement and debt service) of a stormwater management system and facilities, and that the stormwater service charges continue to provide for the proportional distribution of maintenance and operation costs (including replacement costs and debt service) for a stormwater management system and facilities among the users and user classes. The liability of a stormwater service user to pay for charges as provided in this chapter shall not be contingent, however, upon any such review or revision .

(Section 100.05 – Ord. 3039 – Jun. 22 Supp.)

 

Notes

†	EDITOR’S NOTE: Ordinance No. 3110 adopted on May 20, 2024, amended the stormwater ERU rate effective July 1, 2024. Prior to that date the ERU rate for residential, commercial, and industrial is $6.75 per month.

100.06 RATE APPEALS.

Any customer who believes the provisions of this chapter have been applied in error may appeal in the following manner:

1.   Filing of Appeal. An appeal must be filed in writing with the City Administrator. In the case of service charge appeals, the appeal shall include a survey prepared by a registered Iowa land surveyor or professional engineer containing information on the total property area, the impervious surface area and any other features or conditions which influence the hydrologic response of the property to rainfall events.

2.   Technical Review. Using the information provided by the appellant, the City Administrator shall conduct a technical review of the conditions on the property and respond to the appeal in writing within 30 days.

3.   Adjustment of Charge. In response to an appeal, the City Administrator may adjust the stormwater service charge applicable to a property in conformance with the general purpose and intent of this chapter.

100.07 EXEMPTION FROM FEES; SPECIAL CONDITIONS.

In special conditions, the City Administrator may, upon a written request for an exemption of fees filed with the utility billing department, grant fee payment and collection variances after determining that granting the variance would be in the City’s best interest, will improve efficiency and safety, and is practical. Upon granting of any variance, the City Administrator shall file notice with the Council giving reasons for the variance.