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HomeMy WebLinkAbout~Master - Stormwater Utility System Rates ORDINANCE NO. 4136 AN ORDINANCE TO AMEND THE MUNICIPAL CODE OF THE CITY OF AMES, IOWA, BY AMENDING CHAPTER 28 "UTILITIES", DIVISION VIII"STORM WATER DRAINAGE SYSTEM",SECTION 28.802"RATES ESTABLISHED"; REPEALING ANY AND ALL ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT TO THE EXTENT OF SUCH CONFLICT;AND ESTABLISHING AN EFFECTIVE DATE. BE IT ENACTED,by the City Council for the City of Ames,Iowa,that: Section One. The Municipal Code of the City of Ames, Iowa shall be and the same is hereby amended by repealing Section 28.802 and enacting a new Section 28.802 as follows: "SEC 28.802. RATES ESTABLISHED. (1) The rate charged for the storm water drainage system provided to customers of City utility services to be billed on or after February 1,2013,is as follows:for each utility account which is billed for one or more City utility services,a monthly rate shall be charged,paid and collected as a rate for a storm water drainage system according to the following table: Tier —Impervious Area/Account Range SF har e per Account 1 150- 10,000 3.45 10 000.01 -30,000 6.90 30,000.01 -90,000 10.35 90,000 and above 31.05 (2) For purpose of this section"impervious area"means areas that have been paved and/or covered with buildings and materials,which include,but are not limited to,concrete, asphalt,rooftop,gravel and blacktop. (3) A storm water utility customer may challenge their impervious area range calculation by filing an appeal with the director of public works for adjustment thereof,stating in writing the grounds for the appeal. The public works director shall cause appropriate investigation thereof and report the findings to the appellant. The public works director shall consider the appeal and determine whether an adjustment is necessary, and make such adjustment if appropriate. Said appeal must be filed within thirty days of notice of the initial establishment or change of the city's calculation of a property's impervious area being mailed to the customer's billing address as shown in the utility's records. (4) A decision of the public works director which is adverse to an appellant may be further appealed to the City Council within thirty days of receipt of notice of the adverse decision. 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 hydro logic response of the property to rainfall events. Notice of the appeal shall be served on the City Council by the appellant,stating the grounds for the appeal. The City Council shall schedule a public hearing within thirty days. All decisions of the City Council shall be served on the appellant by registered mail,sent to appellant's billing address. All decisions of the City Council shall be final. (5) This section shall not apply to the utility accounts of a customer that has its own Storm Water Permit for its Municipal Separate Storm Sewer System. (Ord.No.3265,Sec. 1,3-8-94;Ord.No.3434,Sec. 1,5-27-97;Ord.No.3564,Sec. 1,5-23-00;Ord.No.3833,5-24-05; Ord. No. 3917, 06-12-07; Ord. No. 3989, 05-12-09)" r Section Two. All ordinances,or parts of ordinances,in conflict herewith are hereby repealed to the extent of such conflict,if any. Section Three. If any section,provisions,sentence,clause,phrase,or part of this Ordinance shall be adjudged invalid or unconstitutional,such adjudication shall not affect the validity of the Ordinance as a whole or any provision, section, subsection, sentence,clause,phrase,or part hereof not adjudged invalid or unconstitutional. Section Four. This ordinance shall be in full force and effect from and after February 1,2013. Passed this 8`h day of January,2013. Diane R.Voss,City Clerk Ann H. Campbell,Mayor