10633-19 Amending the South Bend Municipal Code to add a new Article 14 establishing interim Storm Water Utility Rates

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BILL 61-18 ORDINANCE NO. 10633-19 AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, AMENDING CHAPTER 17 OF THE SOUTH BEND MUNICIPAL CODE TO ADD A NEW ARTICLE 14 ESTABLISHING INTERIM STORM WATER UTILITY RATES AND AMENDING CHAPTER 2,ARTICLE 14 TO CREATE A NEW FUND FOR THESE REVENUES TO BE KNOWN AS THE STORM SEWER FUND (#667) STATEMENT OF PURPOSE AND INTENT A storm sewer system consists of sewers, storm inlets, catch basins, manholes, curbs, gutters, ditches, swales, retention and/or detention ponds or basins, dams and flood control for the collection, control, transport or discharge of storm water. The location of the St. Joseph River within the boundaries of the City of South Bend and the greater frequency and intensity of rainstorms within the past several years requires that South Bend take proactive measures to improve drainage, control flooding due to storms and high water table levels, and improve the water quality of the City. Because the City has an aging infrastructure and has experienced unresolved storm water control issues relating to flooding, it is now necessary to establish an equitable funding mechanism to address the challenges and demands of changing weather patterns. This ordinance establishes a storm water user fee consisting of a flat rate of Two Dollars ($2.00) per month for residential customers and a flat rate of Five Dollars ($5.00) per month for non-residential customers. This storm water user rate shall apply for a period of at least two years with subsequent transition to a rate based upon the quantity of impervious surface area in a parcel of real estate after study and evaluation by the City's Department of Public Works and upon Common Council approval. In implementing this ordinance, the City of South Bend joins a growing number of cities and towns nationwide that have set storm water rates or fees, and this ordinance is necessary for the effective, efficient operation of the storm water system in the City of South Bend, Indiana. NOW,THEREFORE, BE IT ORDAINED BY THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA as follows: Section I. Chapter 17 of the South Bend Municipal Code be and hereby is amended to add a new Article 14 to read in its entirety as follows: Sec. 17-126. Storm water user fees established. In order to pay for the maintenance, repair, replacement, and improvement of the existing and future storm water system for the City of South Bend at a time of increased flooding and water control issues due, among other things, to changing weather patterns and aging infrastructure, a storm water user fee shall be imposed on each and every tax parcel of real estate within the corporate boundaries of the City of South Bend, Indiana. This charge shall be assessed against the property owner, who shall be considered the user for purposes of this Article. This charge is deemed reasonable and necessary for its intended purpose. The rates established herein are temporary for at least two years from their effective date of June 1, 2019. During this interim the Department of Public Works shall study, evaluate and report to the Common Council the appropriateness of establishing storm water user fees based upon the quantity of imperious surface area in a parcel of real estate. The rates established in this Article shall remain effective until replaced, amended, or repealed by the South Bend Common Council. Sec. 17-127. Definitions.