Ordinance 862 - Establishes Storm Sewer ChargesORDINANCE # 862
ORDINANCE ESTABLISHING AND PROVIDING FOR COLLECTION OF STORM SEWER CHARGES:
ESTABLISHING CLASSES OF PROPERTY WITHIN THE CITY AND PROVIDING FOR RATES
APPLICABLE THERETO AND METHOD OF CALCULATION THEREOF: PROVIDING METHOD AND
PROCEDURE FOR ADJUSTMENT OF CHARGES FOUND TO BE INEQUITABLE: REPEALING ORDINANCES
INCONSISTANT HEREWITH: AND PROVIDING AN EFFECTIVE DATE.
BE IT ORDAINED by the Council of the City of Kalispell, Montana as follows:
Section 1. Findings and Authority.
1.01. The Sewerage System. The City presently owns and operates a
sewerage system for the collection and disposal of sewerage and storm and other
surface waters (the System). This Council has caused studies to be conducted
and, based thereon and on an investigation of facts and circumstances relating
to the System (including developing state and federal policies concerning the
collection and disposal of sewage and storm and surface waters), has determined
that it will in the coming years be necessary and desirable to construct
improvements and extensions to the System for collection and disposal of storm
and surface waters.
1.02. Authority. The City is authorized by Chapter 24, Title 11, Revised
Codes of Montana 1947, by resolution adopted by this Council so providing, to
reconstruct, better, improve and extend the System and issue revenue bonds to
finance in whole or part the costs thereof. The City is further authorized and
required by Chapter 24, Title 11 and Sections 11-2217 and 11-2219 to establish just
and equitable rates, fees and charges and rentals for the services and facilities
provided by the System so as to make the System self-supporting which rates, fees
and charges will be at least sufficient to pay when due the principal of and
interest on bonds issued and to provide for all expenses of operation and
maintenance of the System, including reserves therefor.
1.03. Findings and Determinations. It is hereby found, determined and
declared as follows:
. (a) those elements of the System for the collection of and disposal
of storm and surface waters are of benefit and provide services to all property
within the City including property not presently served by the sanitary or the
storm elements of the system.
(b) the cost of operating and maintaining the City Sewer System and
particularly the Storm Sewer portion thereof and financing necessary repairs,
replacements, improvements and extensions thereof should, to the extent
practicable, be allocated in relationship to the benefits enjoyed and services
received therefrom.
(c) a just and equitable measure of the benefits enjoyed and
services received as a result of the collection and disposal of storm and
surface water is the relative area and character of use of the various properties
within the City, because the extent of storm and surface water drainage from
a particular lot or parcel is largely a function of its' area and the different
types of surfaces and other physical characteristics thereof.
(d) it is necessary and desirable and in the best interests of the
City, its citizens and the users of the System to establish a special charge
for the facilities and services provided by the Storm Sewer, which charge
shall be designated the storm sewer charge and shall be imposed and collected
as provided in this ordinance.
Section 2. A STORM SEWER CHARGE
2.01. Application and Classification. A special storm sewer charge
is hereby imposed on each lot and parcel of land within the City, except
the Airport, Golf Course, Woodland Park, Lawrence Park and adjacent City
owned areas, for services and facilities provided by the storm sewer. For
purposes of imposing the storm sewer charge all lots and parcels within the
City, except in those areas as exempted hereby, are classified as follows:
(1) Class 1, which shall include all undeveloped parklands and play-
grounds having an aggregate coefficient of runoff in the range of .05 to .25
inclusive.
(2) Class 2, which shall include all parcels and lots which have an
aggregate coefficient of runoff in the range of .26 to .50, inclusive.
(3) Class 3, which shall include all parcels and lots which have an
aggregate coefficient of runoff in the range of .51 to .75, inclusive.
(4) Class 4, which shall include all parcels and lots which are in
the central business district and all lots or parcels having an aggregate
runoff coefficient in the range of .76 and over.
The City Engineer is directed to prepare a list of all lots and parcels
within the City and the area thereof and using the table as set out hereinafter
assign the class applicable thereto and file said list with the City Treasurer
on or before the first Monday in October next following the effective date hereof.
The City Engineer shall at least once each year thereafter revise and update
such list and file such revisions with the City Treasurer. The City Engineer
shall also report to the City Council any applications of this act he considers
unjust or inequitable for appropriate action under Sec. 2.05 hereof.
2.02. Rates. The annual storm sewer charges for the calender year for
lots and parcels within each of the classes of property described in Section
2.01 hereof shall be as follows:
Class Annual Charge Per Square Foot This Year
Class
1
.00054
Class
2
oolM
Class
3
00162
Class
4
.00216
2.03. Determination of Coefficient of Runoff; Schedule. The aggregate
coefficient of runoff is determined by considering the different types of
surfaces within each lot or parcel, by determining the areas of each different
surfaces upon each lot or parcel and assigning a runoff value for each type
of surface, and, calculating the reasonable and approximate proportion of
such type in the whole of said lot, a weighted aggregate coefficient of runoff
for all of said lot is calculated. Such runoff values shall be as follows:
SURFACE TYPE
1. Concrete
2. Plant Mix Asphalt
3. Asphalt Macadam or Road Mix
RUNOFF COEFFICIENT
Flat to Less 2% to Less 7% & Over
Than 2% Than 3'/ 7%
0.9 0.9 0.9
0.9 0.9 0.9
0.6 0.75 0.9
Flat to Less 2% to Less 7% & Over
Than 2% Than 7% 7%
4. Gravel Parking Lots, Drive- 0-4 0.5 0.6
ways with Granular Well
Drained Subbase Material
5. Gravel Parking Lots, Drive- 0.5 0.6 0.7
ways with Heavy Silts, or
Clay Sub -base Material
6.
Roofs
0.90
0.90
0.90
7.
Lawns - Sandy Soil
0.075
0.125
0-175
8.
Lawns; silts & clays
0.15
0.20
0.30
9.
Native Grassed Areas; sandy
0.10
0.22
0.35
soils
10.
Native Grassed Areas; Silts
0.20
0.45
0.70
& Clays
11.
Bare Earth, Sandy Soil
0.20
0.32
0-45
12.
Bare Earth, Silts & Clays
0.40
0.65
0.90
13.
Turf Meadows
0.10
0.25
0.40
14.
Forested Areas
0.10
0.20
0-30
15.
Cultivated Fields
0.20
0.30
0.40
2-04. Determination of Charge. Upon review of the list as prepared by
the City Engineer, hereunder, the City Council shall on or before oCtp4er 1 __I�,74'
determine the annual storm sewer charge for each parcel and lot subject thereto.
2.05. Collection of Charge. The City Treasurer shall, on or before the
last day of October of each year mail to every owner of a lot or parcel within
the City whose ownership is determined on the same date and in same manner as
are real property taxes, a statement setting forth the annual charge to be
assessed as said lot for the storm sewer service thereto. Such charge shall be
due and payable on or before five o'clock p.r. on the 30th day of November of
each year. Upon failure of the owner to pay said charge same will be in arrears
and deliquent on December 31 of said year and shall be collected by the City
Treasurer according to the provisions and authority of Section 84-4726.1 R.C.M.
1947 as amended.
2.06. Deposit of Collections. All collections of the storm sewer charge
shall be deposited in the Revenue Bond Account of the Sewer Fund.
2.07. Adjustment of Charge. Any person who considers the charges
applicable to his lot or parcel to be unjust or unequitable may apply to the
City Engineer for adjustment thereof, stating in writing the grounds of his
complaint. The City Engineer shall cause appropriate investigation thereof and
report his findings to the City Council for review if said complaint is not
withdrawn. The Council shall promptly review such report and hear the complaint;
if the City Council determines that an adjustment of the charges for any
such lot or parcel is necessary to provide for the just and equitable
application of the storm sewer charge, it shall so provide, either by
ordinance amendatory hereto, or by directives to the City Treasurer fixing
special charges for individual lots or parcels.
2.08. Delinquent Charge. All charges in arrears and delinquent
hereunder shall bear interest and be assessed penalty in the same amounts
and at the same rates as are assessed to delinquent real estate taxes.
2.09. Repeal. All ordinances of the City in conflict herewith are
hereby repealed.
2.10. Effective Date. This ordinance shall be in effect for the period
beginning the Third 3 _ Day of September , 1976 and all annual assessments
levied hereunder prior to 1-1-77 shall be pro-rat9d 'aordingly.
PASSEf-BY T CITY COUNCIL OF/THE CITY 0),KALISPELL AND A�PR0Z
BY THE MAYOR OF"THE CITY/OF KALISPELL, MO TANA, THIy�' DAY OF � �� a ,
1976.
Mayor Norma �,A� Happ
Beardslee
`SEAL