HomeMy WebLinkAboutBPW 10-16-13-01 - establishing a storm water user fee RESOLUTION NO. BPW- 10-16-13-01(As Amended)
RESOLUTION OF THE CITY OF CARMEL BOARD OF PUBLIC WORKS AND SAFETY
ESTABLISHING RECOMMENDED STORM WATER USER FEES
WHEREAS, the City of Carmel, Indiana ("City"), provides for the collection, drainage,
treatment, and disposal of storm and surface water, and the costs of doing so are presently not being paid;
and
WHEREAS, the City, by and though its Common Council ("Council"), will, contemporaneous
with the passage of this Resolution, create by ordinance a Department of Storm Water Management
("Department") to provide for the collection, drainage, treatment, and disposal of storm and surface water
in the City, and direct this Board to control the City's storm water facilities by and pursuant to Indiana
Code 8-1 .5-5-4(g)(2), 8-1.5-3-3(a), 8-1.5-3-4(a), 8-1.5-5-6, and as provided by law or in equity; and
WHEREAS, all territory within the corporate boundaries of the City will be, by virtue of said
ordinance, included in and constitute the special taxing district known as the Carmel Storm Water District
("District"); and
WHEREAS, Indiana Code 8-1.5-5-7 provides that this Board, after approval by the Council, may
assess and collect Storm Water User Fees ("User Fees") from all the property ill the District, such User
Fees to be segregated and deposited in a separate non-reverting fund; and
WHEREAS, this Board has decided to establish and collect User Fees pursuant to Indiana Code
8-1.5-5-7, and desires the Council to authorize the User Fees recommended in this Resolution and the
actions of this Board in establishing the same in accordance with Indiana Code 8-1.5-5-7; and
WHEREAS, this Board had conducted internal studies regarding the current storm water system
operation and maintenance needs of the District and has made a determination as to the amounts that must
be expended to fulfill those needs; and
WHEREAS, this Board has conducted a storm water program and capital improvement budget
study ("Study") which recommends an initial storm water user fee of Four Dollars and Ninety-Five Cents
($4.95) for each residential property located within the District per month; and
WHEREAS, based upon the Study, and pursuant to Indiana Code 8-1.5-5-7, this Board has
determined that it is necessary and desirable to now impose the User Fees set forth hereinbelow, the same
being the minimum amounts necessary for the operation and maintenance of the City's storm water
system.
Page One of Three Pages
This Resolution was prepared by Douglas C. Haney, Carmel City Attorney,on November 4, 2013 at 8:40 a.m. No subsequent
revision to this Ordinance has been reviewed by Mr. Haney for legal sufficiency or otherwise.
111ssvrappsl\usea data.admin4AW,E Bass\My Docurre ms\BPW.BesoIutlms\20131ESTABIISH Storm Watet Use,Fees 92613.Amended 1 4413 docx11/4/2013 8:46 AM
NOW, THEREFORE, BE IT RESOLVED by the City of Carmel Board of Public Works and
Safety as follows:
Section I. The foregoing Recitals are incorporated herein by this reference.
Section 2. The monthly Storm Water User Fees shall be uniform for all residential properties
located within the District, and the same shall be assigned one (I) Equivalent Residential Unit ("ERU").
Section 3. The monthly Storm Water User Fees for all non-residential properties located within
the District shall be determined by using an ER U multiplier, which shall be the quotient obtained by
dividing the total square feet of impervious surface area within a non-residential property by a divisor of
4,150 square feet, which quotient will then be multiplied by the ERU to obtain the Storm Water User Fee,
except that the monthly Storm Water User Fee for a non-residential property located within the District
shall not be less than one (I) ERU.
Section 4. The monthly Storm Water User Fees for all unimproved property located within the
District shall be the product of the ERU multiplied by 0.33.
Section 5. The ERU shall be Four Dollars and Ninety-Five Cents ($4.95) per month.
Section 6. If the monthly Storm Water User Fee is not paid by its due date, as stated on the
Department's fee invoice, which may be combined with and made part of the City's billings issued
pursuant to City Code Section 9-231, a late charge of ten percent(10%) will he assessed, together with the
costs of collection, if any, including reasonable attorney's fees.
Section 7. The Department shall be responsible for calculating and assessing all monthly Storm
Water User Fees and for establishing billing and collection procedures for the same, and for taking all
other lawful actions, including, but not limited to, those set forth in City Code Section 9-231, as are
necessary or convenient in order to implement the City's storm water management and user fee system.
Section 8. The Storm Water User Fees approved in this Resolution are, in accordance with Indiana
Code 8-1.5-5-7, effective upon passage of an ordinance by the Council adopting and approving the Storm
Water User Fees authorized herein and ratifying the Board's actions in adopting the same. The City's
Storm Water User Fees shall be billed on the first billing cycle of the City's Utilities Department that
occurs after the approval of those lees by the Council.
Section 9. The sections, paragraphs, sentences, clauses, phrases and words of this Resolution are
separate and severable, and if any word, phrase, clause, sentence, paragraph or section of this Resolution
shall be declared unconstitutional, invalid or unenforceable by the valid judgment or decree of a court of
competent jurisdiction, such unconstitutionality, invalidity or unenforceability shall not affect any of the
remaining words, phrases, clauses, sentences, paragraphs and sections of this Resolution.
Board of Works Resolution No. BPW-10-16-13-01
Page Two of Three Pages
This Resolution was prepared by Douglas C. Haney,Carmel City Attorney,on November 4, 2013 at 8:40 a.m. No subsequent
revision to this Ordinance has been reviewed by Mr. Haney for legal sufficiency or otherwise.
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Section 10. This Resolution is effective upon its passage.
SO RESOLVED this ,(fit/t day of Akr-eirz,Lzfr , 2013.
CITY OF CARMEL, INDIANA
By and through its Board of Public Works and Safety
BY:
di
Jame Brainard, Presi ing officer
Dat-:
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ary o Burke>ly/lem er f,
Date: //
Lori S. Watsron, m r
Date:
It 'I- r 3
ATTEST:
V ,
Diana Cordray, I A, Clerk-Treasurer
Date: I' - `/- 13
Board of Works Resolution No. BPW-10-16-13-01
Page Three of Three Pages
This Resolution was prepared by Douglas C. Haney, Carmel City Attorney,on November 4, 2013 at 8.40 a.m. No subsequent
revision to this Ordinance has been reviewed by Mr. Haney for legal sufficiency or otherwise.
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