§ 26-4. Stormwater collection utility non-ad valorem assessment.

(a)

For purposes of calculating the assessment to be levied upon each property by a non-ad valorem assessment, the city has determined to assess and levy the assessment based upon the ERU rate.

(b)

Determination of the total number of ERUs for the stormwater collection program.

(1)

Residential. The city shall determine number of ERUs for each non-exempt residential developed property by the sum of the number of dwelling units, where applicable. For residential developed property that is not fully improved with dwelling units, the formula to calculate residential ERUs shall be rounded to the nearest tenth. For multi-family residential properties, the ERUs shall be calculated at 0.75 times the number of dwelling units. For single-family residential properties with privately owned rights-of-way, the ERUs shall be calculated at 0.75 times the number of dwelling units.

(2)

Non-residential. The city shall determine the ERUs for each non-exempt non-residential property based upon the number of square feet of impervious surface area of a customer's property divided by four thousand four hundred eighty-nine (4,489) square feet (the ERU), rounded to the nearest tenth (the "non-residential factor"). Vacant properties with impervious area shall be calculated at 0.5 times the number of square feet of impervious surface area of a customer's property divided by four thousand four hundred eighty-nine (4,489) square feet (the ERU), rounded to the nearest tenth (the "non-residential factor").

(3)

The city shall add the total number of ERUs calculated for each property and the sum of them, before adjustments and credits, shall be the stormwater collection utility total ERUs.

(c)

The city engineer shall:

(1)

Have the authority granted in section 26-3 of the Code of the city;

(2)

Supervise the creation of the assessment roll for the purpose of following the procedures called for by the statutory uniform method of collecting non-ad valorem assessments, and supervise the amendment and updating of such non-ad valorem assessment roll from time to time as needed, in order to assess and therefore collect the non-ad valorem assessment; and

(3)

In addition to other authority granted to the city engineer, he or she shall have the specific authority to adopt any administrative policies or procedures required to apply methodology adopted by the city for the assessment in cases of mixed use developments (where some of the project is residential and some is non-residential), multi-ownership developments (where different land owners own building footprints and common areas), or in other types of circumstances (such as multifamily homeowner association projects where unit owners are assessed for each dwelling unit but the common area is not assessed), as the case may be and as may be needed, so as to allocate the assessed fee fairly in all of such special circumstances in the formulation of the non-ad valorem assessment roll, and any amendments thereto, consistent with the methodology as may be in effect from time to time; and

(d)

Determination of assessment. For residential non-exempt developed property which is fully improved with dwelling units, the annual assessment for each property shall be the number of dwelling units on such property multiplied by the ERU rate. For non-residential non-exempt developed property, the annual assessment shall be calculated by multiplying the non-residential factor for such property by the ERU rate.

(e)

Mandatory re-evaluations. Except for adjustments provided for in this chapter, starting the fiscal year commencing October 1, 2019, and continuing every third fiscal year thereafter, the city shall re-evaluate the method of the determination of the ERU rate, and approve any desired methodology changes and consequent increases or decreases to the ERU rate then in effect by ordinance. Changes to the ERU rate which occur outside of this triennial methodology review and adjustment cycle may be made by budget resolutions as part of the budgetary review process.

(f)

Initial assessment. For the initial commencement of the stormwater collection utility assessment, and until same is modified in accordance with the structure explained above (by dividing the base rate (i.e. the financial needs of the stormwater collection program as reflected in the operation and maintenance budgets and capital improvements schedule and budget which shall be determined annually by the city as part of its overall budgeting process) by the stormwater collection utility total ERUs). The ERU rate may be set and increased or decreased as the city goes through the process and procedures and public hearings required to review and consider the stormwater collection program operation and maintenance budgets and capital improvements schedule and budget for the city 2020 fiscal year.

(Ord. No. 2018-110, § 3, 11-28-18)