The URL can be used to link to this page

Home My WebLink About10633-19 Amending the South Bend Municipal Code to add a new Article 14 establishing interim Storm Water Utility Rates ORDINANCE No . 1063349 Passed by the Common Council of the City of South Bend, Indiana January 14, 19 20 Attest: 41M _..,,...,(A / . ii... - City Clerk Kar-emah N. Fo er Attest: ----)-- -, President of Common Council Presented by me to the Mayor of the City of South Bend, Indiana January 14, 19 20 lzXe7 City Clerk Karee a.th N. Fowl Approved and signed by me '-3aluail 20 9 „0/(.. �r Mayor 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. Unless otherwise defined in this Ordinance, the terms and phrases shall be defined as follows: (a) Impervious surface area means those areas which prevent or impede the infiltration of storm water into the soil as it enters natural conditions prior to development. Common impervious areas include, but are not limited to, roof tops, sidewalks, walkways, patio areas, driveways, parking lots, storage areas, gravel surfaces, awnings and other fabric or plastic coverings, and other surfaces which prevent or impede the natural infiltration of storm water run- off which existed prior to development. (b) Non-Residential real estate means all real estate tax parcels which are not described by the definition of Residential Real Estate and which shall be defined as Non-Residential. Non Residential Real Estate will include: i. Agricultural real estate; ii. Commercial real estate; iii. Industrial real estate; iv. Institutional real estate; v. Church real estate; vi. School real estate; vii. Federal, state, and local government real estate; viii. Utility real estate; and ix. Any other real estate not included in this list and which is not described by the definition of residential real estate. (c) Residential real estate means a separate tax parcel of real estate which is primarily used for dwelling purposes on which a building is situated which building contains one(1)but no more than two (2) dwelling units which dwelling units are each used or are intended to be used primarily for living, sleeping, cooking, and eating. Sec. 17-128. Storm water user fees. The specific storm water fees that follow are set for the purpose of providing repairs, replacements and miscellaneous services related to storm water flows and to provide future improvements and capital needs of the City of South Bend's storm water system: (a) The storm water user fee for residential users for each tax parcel of real estate shall be at the rate of Two Dollars per month($2.00) per active utility customer account. (b) The storm water user fee for non-residential users shall be at the rate of Five Dollars ($5.00)per month per active utility customer account. (c) There shall be no exceptions or exemptions from the assessment of storm water user fees for a particular type or classification of real estate parcels within the corporate boundaries of the City of South Bend, Indiana. Sec. 17-129. Collection of storm water user fees. (a) The collection of the storm water user fees authorized by this Article shall be effectuated by a monthly charge on a bill to be sent to the affected property owner. The City may designate any agency within the Department of Public Works to handle billing for the storm water user fees assessed under this Article. (b) If the Storm water user fee is not paid when due, a late payment penalty shall be charged and assessed by the designated South Bend billing agency consistent with Indiana Law for storm water utilities (Ind. Code 8-1.5-5-29, 8-1.5-5-30) at the rate of 10% of the unpaid bill (c) If Storm water user fees and penalties are not paid when due, they shall be collected by South Bend in the same manner that other delinquent fees and penalties are charged and assessed consistent with Indiana law. Section II. Chapter 2, Article 14 of the South Bend Municipal Code is amended to add a new Section 2-170.35 to read as follows: Sec. 2-170.35. Storm Sewer Fund. The Storm Sewer Fund(No. 667) is established for the deposit of all storm water user fees and penalties collected and interest earned thereon. Section III. The terms and provisions of this Ordinance are hereby determined to be severable; the invalidity or unenforceability of any section, sentence, clause, term, or provision of this Ordinance shall not affect the validity of any other section, sentence,clause,term,or provision of this Ordinance which can be given meaning without such invalid part or parts. Section IV. This Ordinance shall be in full force and effect after adoption by the Common Council, approval by the Mayor, and any publication required by law, with an effective date of June 1, 2019. Tim Scott, Coun residen South Bend Common Council Attest: Ar Karee ah N. Fowle ity Clerk Office of the City Clerk Presented by me, the undersi Clerk of the City of South Bend, to the Mayor of the City of South Bend, Indiana on the day of -jUA , 201% at _ o'clock . m. *‘-e �GtiGr�-� . Kar emah N. Fowler, City Clerk Office of the City Clerk Approved and signed by me on the t 5441 day of J , 201, at o'clock .m. Pete Butt •r \-0--"'I()tcbC'.- outh Bend, Indiana st PUBLIC. �� IK-`Loll pU �. ' l3.rd REA:': • I- 41 -20 l 1 NOT APP - REFERRED PASSED 0