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Help & SupportChapter 11-5 Storm Water and Flood Management Utility38
(a) Purpose: The purpose of this chapter is to protect the public health, safety, and welfare:
(1) From damage from storm water runoff and floods by requiring that property owners in the city pay for a share of the cost of the drainage facilities necessary to manage such storm waters and floods; and
(2) By protecting and enhancing the water quality of the local receiving waters in a manner consistent with the federal Water Pollution Control Act, 33 U.S.C. section 1251, et seq., and the state Water Quality Control Act, C.R.S. section 25-8-101, et seq., through the regulation of non-storm water discharges to the municipal storm sewer system.
(b) Intent: It is the intent of the city council in enacting this chapter:
(1) To promote public health, safety, and welfare by permitting the movement of emergency vehicles during flooding periods and minimizing flood losses and the inconvenience and damage resulting from uncontrolled and unplanned storm water runoff in the city;
(2) To establish a master plan for storm water and flood management and its implementation, including, without limitation, a coordinated program of creating upstream ponding or temporary detention of storm waters;
(3) To establish a storm water and flood management utility to coordinate, design, construct, manage, operate, and maintain the storm water and flood management system;
(4) To establish reasonable storm water and flood management fees based on the use of storm water and flood drainage facilities;
(5) To encourage and facilitate urban water resources management techniques, including, without limitation, detention of storm water and floods, reduction of the need to construct storm sewers, reduction of pollution, and enhancement of the environment;
(6) To prevent the introduction of pollutants to the municipal storm sewer system;
(7) To establish standards for permanent storm water runoff controls; and
(8) To establish requirements for the long-term responsibility for maintenance of structural storm water control improvements and nonstructural storm water management practices to ensure that they continue to function as designed, are maintained, and do not threaten public safety.
(c) Findings: The city council finds and determines that the city has historically provided and will continue to provide storm water and flood management services by means of an enterprise, as that term is defined by Colorado law. The city council further declares its intent that the city's storm water and flood management utility enterprise be operated and maintained so as to exclude its activities from the application of article X, section 20 of the Colorado Constitution.
Ordinance Nos. 5601 (1993); 7400 (2004); 7417 (2005)
The following words used in this chapter have the following meanings, unless the context clearly indicates otherwise:
"Facilities" means all structures and equipment and all uses of land that are made in conjunction with or that are related or incidental to the construction, installation, or use of the structures and equipment necessary to contain and control storm water including, without limitation, conduits, channels, bridges, pipes, and detention ponds.
"Grant" means any direct cash subsidy or other direct contribution of money from the state or any local government in Colorado which is not required to be repaid. "Grant" does not include:
(a) Any indirect benefit conferred upon the utility enterprise from the state or any local government in Colorado;
(b) Any revenues resulting from rates, fees, assessments, or other charges imposed by the utility enterprise for the provision of goods or services by such enterprise; or
(c) Any federal funds, regardless of whether such federal funds pass through the state or any local government in Colorado prior to receipt by the utility enterprise; or
(d) Any other receipt of revenues excluded from the definition of "grant" under Colorado constitution or law.
"One hundred-year floodplain" means the area that would be inundated by a flood having a one percent chance of being equalled or exceeded in one year.
"Pollutant" means dredged spoil, dirt, sediment, slurry, solid waste, incinerator residue, sewage, biosolids, garbage, trash, chemical waste, biological nutrient, biological material, radioactive material, heat, wrecked or discarded equipment, rock, sand, or any industrial, municipal, or agricultural waste.
"Storm water and flood management utility enterprise" means the storm water and flood management utility business owned by the city, which business receives under ten percent of its annual revenues in grants from all Colorado state and local governments combined and which is authorized to issue its own revenue bonds pursuant to this code or any other applicable law.
"Storm water quality best management practices" means practices intended to prevent or reduce the discharge of pollutants directly or indirectly to storm water including, without limitation, schedules of activities, prohibitions of practices, pollution prevention and educational practices, maintenance procedures, operating procedures, and practices to control site runoff, spillage or leaks, sludge or water disposal, drainage from raw materials storage and other receiving waters, or storm water conveyance systems. Storm water quality best management practices include the practices, facilities, or improvements identified in the City of Boulder Design and Construction Standards.
Ordinance Nos. 5601 (1993); 7400 (2004)
(a) The city manager shall develop a master drainage plan for the city, based on engineering studies, that indicates the location of all drainage facilities in the city, including those facilities that currently exist and those determined to be needed and that are intended to be constructed in the future. The plan shall include all major drainage ways that directly or indirectly affect drainage within the city, all drainage basins in the city, and all natural drainage courses and other drainage facilities required to provide for the drainage and management of surface waters within the drainage ways and basins and to carry such waters to designated points without overflow or discharge. The plan may also show any other information that the manager deems desirable. The city manager shall solicit public participation during the formulation of the master drainage plan and other phases of implementation of the storm drainage and flood management program provided in this chapter.
(b) The purpose of the master drainage plan prescribed by this section is to identify and alleviate present and future drainage and flooding problems in the city by means of presenting in an orderly fashion the general data and information essential in understanding the relationship between rainfall and storm runoff. The master drainage plan serves as the official designation of drainage facilities and drainage ways and basins shown thereon and may be altered from time to time to conform to existing conditions.
(c) Any time a project is proposed by the city to implement the master drainage plan, the city manager shall hold a public hearing in the neighborhood where the project is to be constructed, after publishing notice in a newspaper of general circulation.
(d) The city manager may undertake supplementary studies to determine the estimated cost of constructing the drainage facilities shown on the master drainage plan, including the expense of any necessary land acquisition.
(e) The city council shall adopt the master drainage plan by motion. No substantial modifications thereof may be made unless the council first approves them.
(f) After adoption of the master drainage plan, the city clerk shall retain a copy on file for public inspection during normal business hours.
(g) In the annual proposed city budget, the city manager shall submit to the city council a proposed budget for construction of drainage facilities, containing a statement of all amounts currently in the storm water and flood management account, an estimate of anticipated revenues for the ensuing budget year, and a list of the proposed projects to be constructed or developed.
11-5-4 Connections to the Storm Water Utility System.
(a) Connections by Authorized Personnel: No person not authorized by the city manager shall tap or connect to any part of the storm water and flood control utility.
(b) Connections Made in Compliance With Approval: No person shall fail to make authorized connections to the storm water and flood control utility in accordance with the terms and conditions of the permit or approval issued therefor and the City of Boulder Design and Construction Standards.
(c) Costs of Connection: No person requesting or required to make connections to the storm water and flood control utility shall fail to pay the costs for such connections.
(d) Prohibited Connections: No person shall make, maintain, or use any illicit connection to the city's storm water and flood control utility, including, without limitation, illicit connections made in the past. No person shall fail to remove any such prior connection within sixty days of adoption of this section.
Ordinance No. 7400 (2004)
11-5-5 Discharges to the Storm Water Utility System.
(a) Discharges Prohibited: No user or other person shall discharge any sewage, other polluted waters, or other deleterious substance from any premises within the city into or upon any public highway, street, sidewalk, alley, land, public place, stream, ditch, or other watercourse or into any cesspool, storm or private sewer, or natural water outlet, except where suitable treatment has been provided in accordance with provisions of applicable federal, state, and local laws.
(b) Cleaning of Hard Surfaces: The owner of any paved parking lot, street or drive shall clean the pavement as necessary to prevent the buildup and discharge of pollutants. Paved surfaces shall be cleaned by dry sweeping, wet vacuum sweeping, collection and treatment of wash water or other methods in compliance with this chapter, or other applicable federal, state, and local laws.
(c) Material Storage: No person shall store materials including, without limitation, stockpiles used in construction and landscaping activities, in a manner which may cause discharge or threatened discharges of pollutants into the storm sewer system or receiving water.
(d) Exemptions: The following discharges are exempt from the discharge permit requirements established by this chapter:
(1) Landscape irrigation and lawn watering associated with single-family detached or duplex development, uncontaminated groundwater from an individual single-family residential detached or duplex foundation drainage system, individual residential car washing or car washing of less than two consecutive days in duration for charity or nonprofit fundraising, dechlorinated swimming pool discharges, water line and fire hydrant flushing, firefighting activities, or street cleaning operations conducted by the city; or
(2) Any discharge that is authorized by the city manager.
Ordinance No. 7400 (2004)
11-5-6 Master Drainage Plan, Land Development, and Discharges Into the Storm Water System.
(a) Drainage Facilities Required: No developer of land in the city shall fail to provide on such person's property all reasonably necessary drainage facilities to ensure adequate drainage and management of storm waters and floods falling on or flowing onto the property.
(b) Storm Water and Flood Control Management Plan Required: Before the city manager issues a city building permit for the construction of any building or structure other than a single-family dwelling and appurtenant structures, the property owner or building permit applicant shall submit to the manager a detailed storm water and flood management plan that meets state and federal requirements, this chapter, and the City of Boulder Design and Construction Standards. A permit will not be issued until the manager determines, based upon generally accepted engineering principles in storm and drainage control, that the plan meets the requirements of this chapter and the provisions of the master drainage plan that relate to the drainage basin in which the property is located.
(1) Storm Water and Flood Management Plan Required: The storm water and flood management plan shall establish, locate, or otherwise define the alignment and boundary of any natural drainage way, drainage facility, or subdrainage area on the property; include drawings, profiles, and specifications for the construction and installation of channels, conduits, reservoirs, culverts, bridges, easements, storm water quality improvements and storm water quality best management practices, and all other drainage facilities reasonably necessary to ensure that storm waters and floods (including drainage from other lands that will contribute runoff to the property) will be controlled, as provided in the City of Boulder Design and Construction Standards; and contain a schedule of the estimated dates of completion of construction for all drainage facilities shown on the plan.
(2) Compliance With Approved Plan Required: No person shall fail to comply with an approved storm water and flood management plan submitted under this section.
(3) Plan Required With Development Application: No person shall receive an approval for a subdivision, or site review under this code or any ordinance of the city unless the person submits and obtains approval of the storm water and flood management plan required by this section.
(4) On-Site Detention and Water Quality Improvements Required: On-site detention storage and water quality improvements shall be provided in accordance with the reasonable requirements of urban hydrology and the standards established in the City of Boulder Design and Construction Standards.
(c) General Requirements for All Construction Activities: No person shall fail to follow or otherwise violate the erosion control practices in the City of Boulder Design and Construction Standards. All such controls shall be installed and maintained in conformity with the standards in the City of Boulder Design and Construction Standards.
(d) Maintenance of Water Quality Improvements: No person shall fail to maintain any improvement that is required as part of a storm water and flood management plan. Any improvement associated with storm water quality best management practices shall be properly inspected and serviced, if necessary, at least once per year or as approved in the storm water and flood management plan to ensure proper function of such improvement. Records of maintenance and service shall be kept on file by the owner for a minimum of three years and shall be made available for review by the city manager.
(e) Waiver of Requirements: The city manager may waive any or all of the requirements of this section for particular developments or impose additional requirements, if such waiver or additional requirement is reasonably necessary due to the existence of special geological or topographical conditions and meets the purposes of this chapter prescribed by section 11-5-1, "Legislative Intent," B.R.C. 1981, or as may be allowed under the City of Boulder Design and Construction Standards.
(f) Easement Requirements: No owner of a parcel of land through which a natural drainage way flows as shown on the master drainage plan shall obtain a building permit to develop the property, unless the person first grants to the city at no charge a permanent easement to construct, maintain or reconstruct the channel along the drainage way.
(g) Financial Guarantee: In order to guarantee the construction of any drainage facility shown on an approved storm water and flood management plan submitted under this section, the owner of the land shall submit to the city a financial guarantee in a form satisfactory to the office of the city attorney for the construction of the facility, before any building permit is issued.
Ordinance No. 7400 (2004)
11-5-7 Permit to Discharge Groundwater Into the Storm Sewer System.
(a) Permit Required: No person shall fail to obtain a groundwater discharge permit prior to discharging any groundwater in the storm sewer system except as authorized by this chapter.
(b) Application and Fee: An applicant for a groundwater discharge permit shall pay the fee prescribed by section 4-20-31, "Wastewater Classification Survey Filing Fee and Industrial and Groundwater Discharge Permit Fees and Charges," B.R.C. 1981, and shall complete an application form provided by the city manager. Any person required to have a groundwater discharge permit shall apply for and receive a permit prior to discharging into the storm sewer system.
(c) Requirements: Groundwater discharge permits are subject to all provisions of this chapter and all other applicable regulations and user charges. Permits shall meet the following standards and may contain conditions including, without limitation:
(1) Limits on the concentration of chemical constituents and physical characteristics based on State of Colorado Department of Human Health and Environment stream standards;
(2) Limits on rate and time of discharge or requirements for flow regulation and equalization;
(3) Requirements for installation and maintenance of treatment equipment, and inspection and sampling facilities;
(4) Specifications for monitoring program that include sampling locations; frequency of sampling; number, type and standards for tests; and reporting schedules;
(5) Requirements for submission of technical reports, discharge reports, and compliance progress reports;
(6) Requirements for maintaining and retaining records relating to groundwater discharge;
(7) Requirements for notification of the city in the event that the permittee violates permit conditions and standards;
(8) Requirements for notification of the city of the new introduction of constituents or any change in character of the discharge or average volume being introduced into the storm sewer system;
(9) Requirements that groundwater discharges are kept separate in the permittee's facility and pretreated, if necessary, to meet permit limits before combining with the storm water or other site discharges;
(10) A requirement that the permittee will indemnify the city, its officers, employees and agents for damages, judgments, costs and expense which may in any manner accrue against such party as a consequence of the grant of such permit; and
(11) Other conditions as deemed necessary by the city manager to enforce the provisions of this chapter.
(d) Duration of Discharge Permit: A groundwater discharge permit will be issued for the specified time period needed, not to exceed five years. The permittee shall reapply for the renewal of a permit at least ninety days prior to the expiration of the permittee's existing permit.
(e) Modification of the Discharge Permit: The terms and conditions of the permit may be subject to modification by the city manager during the term of the permit if limitations or requirements are modified, if necessary to meet requirements of the city's National Pollutant Discharge Elimination System discharge permit, or if there is other good cause. Any changes or new conditions in the permit shall include a reasonable time schedule for compliance.
(f) Violations Prohibited: No person shall violate the terms and conditions of the groundwater discharge permit.
(g) Discharge Permit Annual Fee: A permittee shall pay the fees prescribed by section 4-20-31, "Wastewater Classification Survey Filing Fee and Industrial and Groundwater Discharge Permit Fees and Charges," B.R.C. 1981, based on gallons per day of flow for industrial discharge and a flat-fee rate for groundwater discharge.
(h) Permit Not Assignable: A groundwater discharge permit may not be sold, traded, assigned, sublet, or otherwise transferred. Any new user must obtain a groundwater discharge permit regardless of whether a permit previously existed for the same premises.
Ordinance Nos. 7400 (2004); 7417 (2005)
11-5-8 Special Agreements and Permits.
(a) Agreements or Permits: No statement contained in this chapter shall be construed as prohibiting special written agreements, contracts, or permits between the city and any person allowing wastes to be admitted to the storm water sewer system.
(1) A special written agreement or permit may include groundwater, but shall not include domestic wastes.
(2) Except as set forth below, the agreement or permit shall require monitoring and treatment consistent with, or similar to, federal, state, and local laws and regulations.
(3) The applicant shall demonstrate to the city manager that there is adequate capacity in the storm water drainage system, considering, without limitation, the design capacity for storm events and present and future development in areas served by the storm water drainage system.
(4) The user or beneficiary of such agreement or permit shall compensate the city for any additional costs of treatment and for any other costs incurred by the city as determined by the city manager, including, without limitation:
(A) Costs associated with review and issuance of the permit or agreement consistent with hourly review rates for city staff as outlined in section 4-20-43, "Development Application Fees," B.R.C. 1981;
(B) Costs associated with ongoing monitoring; and
(C) Indemnification of the city, its officers, employees, and agents, for any costs to such parties, including staff time and attorney's fees, for damages, judgments, fines, settlements, costs, and expense which may in any manner accrue against such party as a consequence of the grant of such permit.
(b) Polluted Discharge Agreement or Permit: The city manager may execute an agreement or issue a permit to exceed any specific pollutant limitations required by federal, state or local law only if the manager finds that:
(1) The user is making reasonable progress toward eliminating the violation;
(2) Compliance with the specific pollutant limitation during a time period agreed upon for installation of proper pretreatment equipment would impose undue hardship; and
(3) Acceptance of the discharge does not adversely affect the storm water utility nor cause violation of the city's National Pollutant Discharge Elimination System discharge permit and applicable federal and state laws.
(c) Violation of Agreement or Permit Prohibited: No person shall violate the terms and conditions of an agreement or permit issued under this section.
Ordinance No. 7400 (2004)
11-5-9 Storm Water and Flood Management Utility.
(a) There is hereby created a storm water and flood management utility in the department of public works under the control of the city manager, empowered to implement the provisions of this chapter.
(b) Except as provided in subsection (c) of this section, the owner of each parcel of land in the city shall pay the storm water and flood management fee prescribed by section 4-20-45, "Storm Water and Flood Management Fees," B.R.C. 1981, for the construction, operation, maintenance, and replacement of the storm water and flood management system.
(c) Since the basis of the fee is determined according to the anticipated use of drainage facilities according to improvements made on the property, no fee will be charged for any parcel of land that is entirely undeveloped.
Ordinance No. 7400 (2004)
(a) The storm water and flood management utility shall hold all monies received by the city under this chapter in a separate account and make expenditures thereof only for the purpose of:
(1) Development review, administration, storm water quality, inspection, construction, installation, repair, maintenance, improvement, replacement, and reconstruction of drainage facilities in the city and all other facilities necessary adequately to handle storm waters and floods in the city; and
(2) The purchase of interests, including, without limitation, ownership and easements, in land that may be necessary to implement the purposes of this chapter, including, without limitation, land for installation and construction of drainage facilities that are reasonably required for the proper handling of storm waters and floods in the city.
(b) The city may pledge storm water and flood management fees collected under this chapter and those anticipated to be collected to the retirement of the principal and interest of revenue or general obligation bonds issued by the city for financing any of the activities set forth in subsection (a) of this section.
Ordinance Nos. 5190 (1989); 7400 (2004)
11-5-11 Storm Water and Flood Management Utility Plant Investment Fee.
(a) Any person desiring to develop property in the city or to annex developed property into the city shall pay a storm water and flood management plant investment fee pursuant to the schedule of fees set forth in section 4-20-46, "Storm Water and Flood Management Utility Plant Investment Fee," B.R.C. 1981.
(1) In the case of annexation of developed property, the plant investment fee prescribed by this section shall be paid prior to the second reading of the annexation ordinance annexing the property into the city.
(2) In the case of development on previously undeveloped property, the plant investment fee prescribed by this section shall be paid prior to issuance of a certificate of occupancy by the city for that property.
(3) In the case of a change or addition to developed property, the plant investment fee prescribed by this section shall be paid prior to issuance of a building permit by the city for that property.
(b) In calculating the plant investment fee, the city manager shall credit each developed property with an amount equal to the fee that would have been charged before the change or addition, but if the credit is less than the amount previously paid for a storm water and flood utility plant investment fee, the amount paid shall be allowed as a credit. For purposes of determining credits against plant investment fee charges, "developed property" shall be defined as those properties billed a monthly storm water and flood management fee at the time of the building permit application. The credit prescribed by this subsection applies only to the property served and only to storm water and flood management utility plant investment fees owed to the city and not to other utility fees or charges. No credit shall be given to any property at time of annexation. No refund shall be paid to any person.
(c) The city may look to the owner and the owner's successors in interest of each property, building, lot, house, or dwelling unit located upon the particular property for payment of the assessed storm water and flood management utility plant investment fee.
(d) All building permit applications and annexation requests submitted to the storm water and flood management utility shall be subject to the plant investment fee prescribed by section 4-20-46, "Storm Water and Flood Management Utility Plant Investment Fee," B.R.C. 1981, in effect as of the date of submission.
(e) The plant investment fee for each permanently affordable unit which is subject to concept review under section 9-2-13, "Concept Plan Review and Comment," B.R.C. 1981, and was reviewed by the planning board before September 16, 1999, the effective date of this ordinance, shall be set at the fee level in effect at the time of the final approval of the concept plan for the residential development, including such unit.
(f) The city manager may have access at reasonable times to all premises for purposes of verifying the existence of developed property and to determine plant investment fees.
(g) The storm water and flood management utility shall hold all monies received by the city as storm water and flood management plant investment fees pursuant to this chapter and make expenditures thereof only for the purpose of storm water and flood management utility capital improvements, reconstructions or expansions.
Ordinance Nos. 5190 (1989); 5526 (1992); 5769 (1996); 6093 (1999); 7400 (2004)
11-5-12 Billing and Payment of Fees.
(a) The city manager shall send bills for the storm water and flood management fee no less often than once every three months and no more often than once every month. Failure to so notify a customer shall not constitute a waiver of any fee or charge imposed by this chapter. The fee may be included on the same bill that includes water or wastewater service charges as provided in chapters 11-1, "Water Utility," and 11-2, "Wastewater Utility," B.R.C. 1981.
(b) The fee charged in each billing period and any notices relating to the storm water and flood management utility are effective upon mailing the bill or notice to the last known address of the utility user shown on the records of the utility.
(c) All charges for the use of the utility prescribed by this chapter are due within ten days after the date of the bill and are payable at the office of the director of finance and record, ex-officio city clerk.
(d) All utility payments received without qualification shall be applied first to satisfy miscellaneous utility billing charges, thereafter to satisfy storm water and flood management charges, thereafter to satisfy wastewater service charges, and finally to satisfy water service charges.
Ordinance Nos. 5190 (1989); 7400 (2004)
11-5-13 Certification of Unpaid Charges to County Assessor.
If any person fails or refuses to pay when due any charge imposed under this chapter, the city manager may, in addition to taking other collection remedies, certify due and unpaid charges to the Boulder County Treasurer to be levied against the person's property for collection by the county in the same manner as delinquent general taxes upon such property are collected, as provided in section 2-2-12, "City Manager May Certify Taxes, Charges, and Assessments to County Treasurer for Collection," B.R.C. 1981.
Ordinance No. 7400 (2004)
11-5-14 Charges Are Lien on Property.
(a) No owner of a parcel of land in the city using the storm water and flood management system shall fail to pay any storm water and flood management fee prescribed by this chapter.
(b) All fees, interest, and the cost of collecting them, if any, are a lien that is prior and superior to all other liens, claims, titles, and encumbrances, whether prior in time or not, except liens for general taxes, and remain a lien upon the property from the date that the fees, interest, and collection costs, if any, are due until the time they are paid.
(c) The city may enforce the lien against the property or the liability against the owner in an action at law or an action to enforce the lien.
Ordinance No. 7400 (2004)
11-5-15 Flood Channel Maintenance.
No owner, occupant, lessee, agent, or other person in control of property located within a flood channel shall fail to maintain such property free of garbage and rubble.
Ordinance Nos. 5199 (1989); 7400 (2004)
11-5-16 Flood Channel Maintenance Powers of the City Manager.
(a) If the city manager finds that conditions exist on any property in violation of section 11-5-15, "Flood Channel Maintenance," B.R.C. 1981, the manager shall request that the owner, occupant, lessee, agent, or other person in control of the property correct the violation and bring the property into conformity with the standards of that section. The city manager shall notify the owner, occupant, lessee, agent or other person in control of such property that garbage or rubble must be removed as provided by section 11-5-15, "Flood Channel Maintenance," B.R.C. 1981, within seven days, or such longer time as the manager finds appropriate in view of the nature and extent of the violation. Notice under this section is sufficient if it is deposited in the mail addressed to the last known owner of the property listed on the records of the Boulder County Assessor or to the last known address of the occupant, lessee, agent or other person in control of the property.
(b) If any person notified fails to correct the violation as required by the notice prescribed by subsection (a) of this section, the city manager may correct the violation by removing garbage or rubble and shall charge the costs thereof, plus an additional amount of $25.00 for administrative costs, to the owner, occupant, lessee, agent or other person in control of the property.
(c) If any property owner fails or refuses to pay when due any charge imposed under this section, the city manager may, in addition to taking other collection remedies, certify due and unpaid charges, including interest, to the Boulder County Treasurer to be levied against the person's property for collection by the county in the same manner as delinquent general taxes upon such property are collected as provided by section 2-2-12, "City Manager May Certify Taxes, Charges, and Assessments to County Treasurer for Collection," B.R.C. 1981.
(d) Notwithstanding the foregoing provisions, if the city manager finds that conditions exist on any property in violation of section 11-5-15, "Flood Channel Maintenance," B.R.C. 1981, and further finds such conditions constitute an immediate hazard, the city manager may correct the violation without notice to the owner, occupant, lessee, agent, or other person in control of such property and enforce the provisions of subsections (b) and (c) of this section, after providing the owner, occupant, lessee, agent, or other person in control of the property an opportunity for hearing pursuant to chapter 1-3, "Quasi-Judicial Hearings," B.R.C. 1981.
Ordinance Nos. 5199 (1989); 7400 (2004)
11-5-17 Storm Water and Flood Management Utility Enterprise.
In addition to any of the powers it may have by virtue of any of the applicable provisions of state law, the city charter, and this code, the storm water and flood management utility enterprise shall have the power under this chapter:
(a) To acquire by gift, purchase, lease, or exercise of the right of eminent domain, to construct, to reconstruct, to improve, to better and to extend storm water and flood management facilities, wholly within or wholly without the city or partially within and partially without the city, and to acquire in the name of the city by gift, purchase, or the exercise of the right of eminent domain lands, easements, and rights in land in connection therewith;
(b) To operate and maintain storm water and flood management facilities for its or the city's own use and for the use of public and private consumers and users within and without the territorial boundaries of the city;
(c) To accept federal funds under any federal law in force to aid in financing the cost of engineering, architectural, or economic investigations or studies, surveys, designs, plans, working drawings, specifications, procedures, or other action preliminary to the construction of storm water and flood management facilities;
(d) To accept federal funds under any federal law in force for the construction of necessary storm water and flood management facilities;
(e) To enter into joint operating agreements, contracts, or arrangements with consumers concerning storm water and flood management facilities, whether acquired or constructed by the storm water and flood management utility enterprise or the consumer, and to accept grants and contributions from consumers for the construction of storm water and flood management facilities;
(f) To prescribe, revise, and collect in advance or otherwise, from any consumer or any owner or occupant of any real property connected therewith or receiving service therefrom, rates, fees, tolls, and charges or any combination thereof for the services furnished by, or the direct or indirect connection with, or the use of or any commodity from such storm water and flood management facilities; and in anticipation of the collection of revenues of such facilities, to issue revenue bonds to finance in whole or in part the cost of acquisition, construction, reconstruction, improvement, betterment, or extension of such facilities; and to issue temporary bonds until permanent bonds and any coupons appertaining thereto have been printed and exchanged for the temporary bonds;
(g) To pledge to the punctual payment of said bonds and interest thereon all or any part of the revenues of the storm water and flood management facilities including the revenues of improvements, betterments or extensions thereto thereafter constructed or acquired, as well as the revenues from existing storm water and flood management facilities;
(h) To enter into and perform contracts and agreements with other governmental entities and utility enterprises for or concerning the planning, construction, lease, or other acquisition and the financing of storm water and flood management facilities and the maintenance and operation thereof;
(i) To make all contracts, execute all instruments, and do all things necessary or convenient in the exercise of the powers granted in this section or elsewhere in state law, the city charter, or this code, or in the performance of its covenants or duties, or in order to secure the payment of its bonds if no encumbrance, mortgage, or other pledge of property, excluding any pledged revenues, of the storm water and flood management utility enterprise or city is recreated thereby, and if no property, other than money, of the storm water and flood management utility enterprise or city is liable to be forfeited or taken in payment of said bonds, and if no debt on the credit of the utility enterprise or city is thereby incurred in any manner for any purpose; and
(j) To issue refunding bonds pursuant to this code or other applicable law to refund, pay, or discharge all or any part of its outstanding revenue bonds issued under this article or under any other law, including any interest thereon in arrears or about to become due or yield reduction payments requested to be made to the federal government to maintain the tax-exemption of interest on the refunding or refunded bonds, or for the purpose of reducing interest costs, effecting a change in any particular year or years in the principal and interest payable thereon or in the related utility rates to be charged, affecting other economies, or modifying or eliminating restrictive contractual limitations appertaining to the issuance of additional bonds or to any municipal storm water and flood management facilities.
Ordinance Nos. 5601 (1993); 7400 (2004)
(a) In accordance with and through the provisions of this section, the storm water and flood management utility enterprise, through its governing body, is authorized to issue bonds or other obligations payable solely from the revenues derived or to be derived from the functions, services, benefits or facilities of such enterprise or from any other available funds of such enterprise. Such bonds or other obligations shall be authorized by ordinance, adopted by the city council in the same manner as other ordinances of the city. Such bonds or other obligations may be issued without voter approval provided that, during the fiscal year of the city preceding the year in which the bonds or other obligations are authorized, the storm water and flood management utility enterprise received under ten percent of its annual revenue in grants or, during the current fiscal year of the city, it is reasonably anticipated that such enterprise will receive under ten percent of its revenue in grants. Nothing in this section shall be construed so as to require voter approval where such approval is not otherwise required by the constitution and laws of the state or the charter of the city including, without limitation, refunding bonds.
(b) The terms, conditions, and details of said bonds, or other obligations, and the procedures related thereto shall be set forth in the ordinance authorizing said bonds or other obligations and shall, as nearly as may be practicable, be substantially the same as those provided in part 4 of article 35 of title 31, C.R.S., relating to water and sewer revenue bonds; except that the purpose for which the same be issued shall not be so limited and except that said bonds, or other obligations, must be sold at public sale in accordance with the provisions of the city charter. Notice of public sale shall comply with the requirements of the city and need not comply with paragraph 31-35-404(2)(c), C.R.S. Each bond, note, or other obligation issued under this section shall recite in substance that said bond, note, or other obligation, including the interest thereon, is payable from the revenues and other available funds of the storm water and flood management utility enterprise pledged for the payment thereof. Notwithstanding any other provision of law to the contrary, such bonds or other obligations may be issued to mature at such times and shall bear interest at such rates as shall be determined by the city council. Refunding bonds of the storm water and flood management utility enterprise need not comply with section 31-35-412, C.R.S., but shall be issued as provided in part 1 of article 56 of title 11, C.R.S., or any other applicable law. The powers provided in this section to issue bonds, or other obligations, are in addition and supplemental to, and not in substitution for, the powers conferred by any other law, and the powers provided in this section shall not modify, limit, or affect the powers conferred by any other law either directly or indirectly. Bonds, notes, or other obligations may be issued pursuant to this section without regard to the provisions of any other law. Insofar as the provisions of this section are inconsistent with the provisions of any other law, the provisions of this section shall control with regard to any bonds lawfully issued pursuant to this section.
(c) Any pledge of revenue or other funds of the storm water and flood management utility enterprise shall be subject to any limitation on future pledges thereof contained in any ordinance of the governing body of the storm water and flood management utility enterprise or of the city authorizing the issuance of any outstanding bonds or other obligations of the storm water and flood management utility enterprise or the city payable from the same source or sources. Bonds or other obligations, separately issued by the city and the storm water and flood management utility enterprise but secured by the same revenues or other funds shall be treated as having the same obligor and as being payable in whole or in part from the same source or sources.
Ordinance Nos. 5601 (1993); 7400 (2004)
For all purposes under the city charter and this code, the governing body of the storm water and flood management utility enterprise shall be the city council. The governing body shall be subject to all of the applicable laws, rules, and regulations pertaining to the city council. Whenever the city council is in session, the governing body shall also be deemed to be in session. It shall not be necessary for the governing body to meet separately from the regular and special meetings of the city council, nor shall it be necessary for the governing body to specifically announce or acknowledge that actions taken thereby are taken by the governing body of the storm water and flood management utility enterprise. The governing body may conduct its affairs in the same manner and subject to the same laws which apply to the city council for the same or similar matters.
Ordinance Nos. 5601 (1993); 7400 (2004)
11-5-20 Maintenance of Enterprise Status.
The storm water and flood management utility enterprise shall at all times and in all ways conduct its affairs so as to continue to qualify as a "water activity enterprise" within the meaning of section 37-45.1-102, C.R.S., and as an "enterprise" within the meaning of article X, section 20 of the Colorado Constitution. Specifically, but not by way of limitation, the enterprise is not authorized and shall not receive ten percent or more of its annual revenue in grants.
Ordinance Nos. 5601 (1993); 7400 (2004)
38 Adopted by Ordinance No. 4749. Derived from Ordinance Nos. 3927, 3943, 4335.