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Code of Ordinances Amendment - Title 13 Stormwater Rates, Exceptions FY21Copyrighted June 1, 2020 City of Dubuque Action Items # 5. ITEM TITLE: Code of Ordinances Amendment - Title 13 Stormwater Management Utility Fee Rate; Charges SUMMARY: City Manager recommending adoption of an amendment to City of Dubuque Code of Ordinances Title 13 Public Utilities, Chapter 4 Stormwater Management, Section 13-4- 5 SFU Rate, Charges; Utility Revenues; Section 13-4-6 Single -Family Residential Property; and Section 13-4-7 Non -Single -Family Residential Property. SUGGESTED DISPOSITION: ORDINANCE Amending City of Dubuque Code of Ordinances Section 13-4-5(D) SFU Rate, Charges; Utility Revenues Suggested Disposition: Receive and File; Motion B; Motion A ATTACHMENTS: Description Type Amending Code of Ordinances for Stormwater Fee- City Manager Memo MVM Memo Staff Memo Staff Memo DRAFT - Reduced Utilities Fees Application 2020 Supporting Documentation Ordinance Ordinance Suggested Motion Wording Supporting Documentation Masterpiece on the Mississippi TO: The Honorable Mayor and City Council Members FROM: Michael C. Van Milligen, City Manager SUBJECT: Stormwater Management Utility Fee Rate Change DATE: May 28, 2020 Dubuque kritil All-A.aia City 111111 2007.2012.2013 2017*2019 City Engineer Gus Psihoyos is recommending adoption of an amendment to City of Dubuque Code of Ordinances Title 13 Public Utilities, Chapter 4 Stormwater Management, Section 13-4-5 SFU Rate, Charges; Utility Revenues; Section 13-4-6 Single -Family Residential Property; and Section 13-4-7 Nonsingle-Family Residential Property. In Fiscal Year 2004 the City Council established General Fund funding to help low- income households pay their monthly stormwater utility fee, similar to an existing discount given to refuse collection customers that was funded by refuse collection fees. As part of the FY21 budget process the City Council approved extending this general fund benefit to the Water and Sanitary Sewer City run utilities and to switch the funding for the refuse collection discount from the refuse fund to the General Fund. An ordinance change is necessary to ensure consistency across enterprises. The attached ordinance language directs the City Manager to develop a policy for evaluating cases of extreme financial hardship, whereby the City Manager would have the ability to make adjustments in the residential rate as determined by the terms and conditions of the adopted policy. The low-income discounts will be approved based on the following criteria and generally the attached form: City of Dubuque Reduced Utility Fee Policy • Residents of the City of Dubuque • Individually billed residential account holders/customers — billed to resident of unit (Bill covers a single unit or a duplex in which the property owner resides in one -unit) • Extreme financial hardship • Authority to require such proof of financial status or extreme hardship • Annual income equal to or less than the income standards used by HUD for its "Section 8 Housing Program" for the size of that household may, upon application to the City Manager or designee, receive a credit for up to one-half (1/2) the established base rate, the actual credit being subject to: o The number of credits available o Income of applicants o Number of applicants o Budgeted/available funds. • City reserves the right to limit the number of credits available and adjust the amount of credit received based on the income of applicants, number of applicants and available funds • An annual application shall be made by the account holder of the City of Dubuque utility bill for the premises to verify annual income and eligibility. This policy and the application form are subject to revision by the City Manager from time to time. I concur with the recommendation and respectfully request Mayor and City Council approval. 7- brittj Y rvlr Mic ael C. Van Milligen MCVM:jh Attachment cc: Crenna Brumwell, City Attorney Teri Goodmann, Assistant City Manager Cori Burbach, Assistant City Manager Gus Psihoyos, City Engineer 2 Masterpiece on the Mississippi TO: Michael C. Van Milligen, City Manager FROM: Gus Psihoyos, City Engineer SUBJECT: Stormwater Management Utility Fee Rate Change DATE: May 26, 2020 Dubuque bating All -America City 'IIIII 2007*2012*2013 2017*2019 INTRODUCTION The purpose of this memo is to outline a recommendation to modify Section 13-4 of the Code of Ordinances, thereby adjusting the stormwater utility fee rate as proposed with the Fiscal Year 2021 budget and adding language to address cases of extreme financial hardship. BACKGROUND In February of 2003, Ordinance 7-03 was passed establishing a Stormwater Management Utility and associated fee. At that time, the Stormwater Management Utility Fee helped fund the administration of the Stormwater Utility, NPDES Compliance Program, Storm Sewer Improvements/Extensions, Stream -bank Stabilization Assistance Program, Detention Basin Maintenance, and Stormwater Ditch Maintenance & Remediation. With the adoption of the FY04 budget, the City Council established non-stormwater utility moneys to subsidize the payments for property tax exempt organizations and low-income residents. And with the FY08 budget, the City Council established a similar subsidy for residential farms. Each year, up and through FY21, the City Council has opted to budget funding for these subsidy programs. When the Stormwater Management Utility User Fee Fund was created in Fiscal Year 2004, stormwater management activities were funded from a number of sources: 15% from the stormwater utility fee, 22% from property taxes, 5% from sales tax, and 58% from DRA distribution funds. With the adoption of the FY2009 budget, the Stormwater Management Utility became for the first time a self-supporting enterprise fund; all stormwater management activities are now funded exclusively by the stormwater management utility and permit fees. In March of 2014, the City Council adopted Ordinance 16-14 establishing the Stormwater Management Utility Rates for FY2015 and beyond. Per ordinance, the billing rate for the average homeowner is to increase by 6.76% (from $8.29 per month to $8.85 per month) in FY21. DISCUSSION The City has been able to provide stormwater management services within the rate structure established by Ordinance 16-14, adopted in March of 2014 with the FY2015 budget. Due to the uncertain economic impacts of the current COVID-19 pandemic, the rate structure has been reconsidered for Fiscal Year 2021 and no rate increase is proposed for FY21. Table 1 compares the current rates established with the adoption of Ordinance 16-14, and the rate proposed for FY21 and projected for FY22, FY23 and beyond. Table 1. Proposed Stormwater Management Utility Single Family Unit (SFU) rate for FY21 versus the rate adopted with the FY2015 budget. FY20 FY21 FY22 FY23 (& Beyond) Adopted with the FY15 Budget $8.29 $8.85 $9.00 $9.00 Proposed with the FY21 Budget $8.29 $8.29 $8.44* $9.00* *Projected Figure 1 and Table 2 show a comparison of the stormwater utility rates proposed in Fiscal Year 2021 for the ten largest communities in Iowa that have stormwater utilities. While a zero percent increase is proposed for Dubuque, six other communities are raising their rates. The average rate (without Dubuque) is $6.00, an increase of 6.9% from FY20. Dubuque's proposed rate for FY21 is 27.6% higher than the average. Figure 1. Comparison of the proposed FY21, average, monthly Stormwater Utility Fees for the ten largest communities in Iowa with stormwater utilities. $16.00 $14.00 $12.00 $8.00 $6.00 $4.00 $2.80 $2.88 $2.00 $o.00 J $4.25 1 $4.95 $5.00 $6.50 $6.91 $6.00 $6.05 1 $8.29 $14.68 Sioux City Davenport Waterloo Ames Iowa City Average West Des Ankeny Cedar Dubuque Des w/o DBQ Moines Rapids Moines Table 2. Comparison of the largest communities in Iowa with Stormwater Utilities, showing the proposed rate increases for FY21. Rank City Proposed FY21 Stormwater Rate Notes 10 Des Moines $14.68 9.2% increase in FY21 9 Dubuque $8.29 0% Increase in FY21 8 Cedar Rapids $6.91 5.0% increase from FY21 7 Ankeny $6.50 18.2% Increase from FY21 6 West Des Moines $6.05 11.0% Increase from FY21 5 Iowa City $5.00 0% Increase from FY20 4 Ames $4.95 0% Increase from FY20 3 Waterloo $4.25 6.3% Increase from FY20 2 Davenport $2.88 3.0% Increase from FY20 1 Sioux City $2.80 0% Increase from FY20 Average w/o Dubuque $6.00 6.9% Increase from FY20 In FY04, the City Council established non-stormwater utility funding to help low-income households pay their monthly stormwater utility fee. As part of the FY21 budget process the City Council approved extending this benefit to other City run utilities. An ordinance change is necessary to ensure consistency across enterprises. The attached ordinance language directs the City Manager to develop a policy for evaluating cases of extreme financial hardship, whereby the City Manager would have the ability to make adjustments in the residential rate as determined by the terms and conditions of the adopted policy. The proposed ordinance amendment will add language to both Section 13-4-6 and Section 13-4-7 as follows: Charge Exception. The City Manager shall establish a policy for evaluating cases of extreme financial hardship for single family residential customers and the City's ability to make adjustments in the monthly charge for single family residential customers as determined by the terms and conditions of the policy and the funds allocated, and available, through the budget process. RECOMMENDATION I recommend amending Section 13-4-5 of the City Code of Ordinances to establish the Stormwater Utility Fee rate for FY21 at $8.29 per SFU as proposed in Table 1. The rates for FY22, FY23, and beyond will be considered in conjunction with the preparation of the FY22 budget recommendation. I further recommend amending Section 13-4-6 and 13-4- 7 of the City Code of Ordinances to include a charge exception clause to apply to extreme financial hardship for single family residential customers. BUDGET IMPACT The proposed rate change will reduce the Stormwater Utility Management fee revenue by an estimated $327,000.00 in FY2021. Amending the ordinance to include a charge exception clause to apply to extreme financial hardship for single family residential customers does not change the FY21 budget. The adopted FY21 budget established $34,326.00 in general fund monies for the low-income subsidy. ACTION TO BE TAKEN I respectfully request passing the attached ordinance amending Section 13-4-5 of the City Code of Ordinances to establish the stormwater management utility fee rate for FY21 and amending Section 13-4-6 and Section 13-4-7 establishing a charge exception for single family residential customers in cases of extreme financial hardship. Attach. Prepared by Deron Muehring cc: Jenny Larson, Director of Finance and Budget Crenna Brumwell, City Attorney Deron Muehring, Civil Engineer Masterpiece ❑n the Mississippi 2020 APPLICATION FOR REDUCED UTILITY FEES Utility Billing Office City Hall 50 West 13th St. PO Box 1063 Dubuque, IA 52001 563-589-4144 The ordinances which establish monthly utility fees allow for a reduction of base fees for residential premises. Eligibility is based on household size and income. INCOME GUIDELINES ELIGIBILITY REQUIREMENTS Household Size 1 2 3 4 5 6 7 8 Income Limit $29,050 $33,200 $37,350 $41,450 $44,800 $48,100 $51,400 $54,750 as (Print) Last Name First Middle Maiden Head of Household living at Address Apt# Dubuque, Iowa, hereby apply for a reduction in monthly water, sewer, refuse & stormwater fees and submit the following information to support my application: 1) Total gross annual household income from all persons (18 and older) $ 2) Do you currently receive Section 8 Housing Choice Voucher assistance? Yes* No *If yes, proof of income is not required. Skip to number 4. 3) Do you file a federal income tax return? Yes No If ygs, must include a copy of most recent year tax return. If j, include copy of all that apply: W-2, three consecutive pay stubs for wages/salary, bonuses, social security benefit information for all persons residing in the household, pension benefit information, child support, alimony, rental income and any other income, etc. 4) Telephone number 5) List all occupants living in the household First Name Last Name Social Security Number Date of Birth Relationship to you 1 Self 2 3 4 5 6 Additional Information I declare, under penalties of perjury, that the information provided above is correct and true to the best of my knowledge and belief. I agree to notify the City of Dubuque immediately of any change in the information provided above. I authorize the City of Dubuque to verify information submitted. ❑ I have included documentation to support my income. Signature of Applicant Date FOR CITY USE ONLY Account # Route Received by Date Emailed Housing confirm HCV Approved throulc h 20 Denied:❑ Overincome ❑Sent Letter ❑Did not provide proof of income Reviewed by Date May 2020 City of Dubuque Reduced Utility Fees Application must be submitted by the head of household for your primary residence only. Print your complete name. Print your full address, including any apartment number. The application requests the following additional information in support of your application: Question 1: Enter your TOTAL GROSS household income for the year. Remember that this figure must include the income of ALL persons 18 and older residing in the household, and must include income from salary and wages, social security, child support, pensions, insurance benefits, alimony, interest and dividends and all other income. Question 2: Please indicate if you receive Section 8 Housing Choice Voucherassistance. Question 3: Please indicate if you file a federal income return. If Yes, include copy of most recent tax return filed. If No, include a copy of all that apply: W-2, copies of three consecutive pay stubs for wages/salary, social security benefit information for all persons residing in the household, pension benefit information, child support, alimony, rental income and any other income, etc. City requires some form of verification of income. Question 4: Enter your telephone number. Question 5: Enter the total number of persons living in your household, including yourself. (Note: Must provide first and last name, social security number, date of birth and relationship for yourself and each individual) After completing the form, check the information carefully and read the declaration before signing. By signing the application, you are declaring, under penalty of perjury, that the information is true and correct to the best of your knowledge and belief, and that you agree to notify the City of any change in the information provided. Be sure that the application is SIGNED AND DATED before returning to City Hall. Annual renewal required. Return Aaalication form to: City of Dubuque Utility Billing 50 West 13th Street (52001-4845) PO Box 1063 Dubuque, Iowa 52004-1063 Fax 563-690-6688 utilityb©cityofdubuque.org If you have any questions, please call Utility Billing at (563)589-4144. ORDINANCE NO. 21-20 AMENDING CITY OF DUBUQUE CODE OF ORDINANCES TITLE 13 PUBLIC UTILITIES, CHAPTER 4 STORMWATER MANAGEMENT, SECTION 13-4-5 SFU RATE, CHARGES; UTILITY REVENUES; SECTION 13-4-6 SINGLE-FAMILY RESIDENTIAL PROPERTY; AND SECTION 13-4-7 NONSINGLE-FAMILY RESIDENTIAL PROPERTY NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. Section 13-4-5 of the City of Dubuque Code of Ordinances is hereby amended to read as follows: 13-4-5: SFU RATE, CHARGES; UTILITY REVENUES: A. Square Feet Equivalency: For purposes of this chapter, an SFU shall be equivalent to two thousand nine hundred seventeen (2,917) square feet of impervious property. B. Monthly Service Charge: Except as provided in this chapter, every contributor owning or occupying a single-family residential property, multi -family residential property, or a nonresidential property, other than exempt property, shall pay to the city, at the same time payment is made for water service, sanitary sewer or refuse, a stormwater management charge to be determined and billed as provided in this chapter. In the event the owner and the occupant of a particular property are not the same, the liability for payment of the stormwater management charge attributable to that property shall be joint and several as to the owner and occupant. The stormwater management charge shall be a monthly service charge and shall be determined by this chapter and the SFU rate which is established in this chapter and from time to time adjusted as provided in this chapter. C. Application And Computation: The stormwater management charges provided in sections 13-4-6 through 13-4-8 of this chapter shall be applied and computed for each contributor during the customary billing periods as to all bills mailed by the finance director -city treasurer, and such charges shall thereafter be paid and collected as provided in this chapter. (2007 Code § 44-274) D. Rates Established: The SFU rate to be applied to residential and nonresidential properties shall be $8.29 per SFU. E. Authority To Adjust Rate: If at any time the director determines that the SFU rate and/or the budget for the stormwater management utility system requires adjustment, the director shall report such determination to the city manager and city council. The city council may at any time adjust the SFU rate by adoption of an ordinance amending this section, and may at any time adjust the budget for the stormwater management utility system by adoption of an appropriate resolution. F. Policy On Expenditure Of Revenues: The city council hereby establishes a formal policy regarding the expenditure of stormwater management utility revenues as follows: 1. The city manager shall develop and implement a cost accounting system, capable of accurately recording and segregating charges to the system by all departments of the city, to include the cost of personnel, machinery, contract equipment and construction, supplies, depreciation, and any and all miscellaneous expenses and purchases. 2. No revenues generated by the stormwater utility user fee shall be used for any purpose other than stormwater expenses. Section 2. Section 13-4-6 of the City of Dubuque Code of Ordinances is hereby amended to read as follows: 13-4-6: SINGLE-FAMILY RESIDENTIAL PROPERTY: A. Percentage Of SFU Rate: The stormwater management charge for a single-family residential property shall be the following percentage of the SFU rate: Impervious Area Of Property (Square Feet) 1,471 or less 1,472 to 4,374 4,375 or more 50 percent 100 percent 150 percent B. Commencement Of Charge: As to a new single-family residence, the stormwater management charge attributable to that residence shall commence upon the earlier of the following: 1. The issuance of a permanent water meter. 2. If no water meter is issued for that development or if development has halted, on the date that the director or the director's designee determines in reasonable judgment that the development is substantially complete or has been halted for at least three (3) months. C. Charge Exception. The City Manager shall establish a policy for evaluating cases of extreme financial hardship for single family residential customers and the City's ability to make adjustments in the monthly charge for single family residential customers as determined by the terms and conditions of the policy and the funds allocated, and available, through the budget process. D. Appeal Determination Of Charge: Any owner or occupant of a residential property aggrieved by the director's calculation of the stormwater management charge as provided in this section may appeal such determination to the director as provided in section 13-4-9 of this chapter. Section 3. Section 13-4-7 of the City of Dubuque Code of Ordinances is hereby amended to read as follows: 13-4-7: NONSINGLE-FAMILY RESIDENTIAL PROPERTY: A. The stormwater management charge for a nonsingle-family residential property shall be the following percentage of the SFU rate multiplied by the number of dwelling units on the property: Nonsingle-Family Residential Property Classification SFU Rate Multi -family (excluding condominiums and mobile homes) I 42 percent Condominium 1 83 percent Mobile home 65 percent B. Charge Exception. The City Manager shall establish a policy for evaluating cases of extreme financial hardship for non -single family residential customers and the City's ability to make adjustments in the monthly charge for non -single family residential customers as determined by the terms and conditions of the policy and the funds allocated, and available, through the budget process. Section 4. This Ordinance shall take effect on the 1st day of July, 2020. Passed, approved and adopted this 1st day of June, 2020. Roy D. Buol, Mayor Attest: Kevm/S. Firnstahl, City Clerk EFFECT OF AMENDMENT 13-4-5: SFU RATE, CHARGES; UTILITY REVENUES: A. Square Feet Equivalency: For purposes of this chapter, an SFU shall be equivalent to two thousand nine hundred seventeen (2,917) square feet of impervious property. B. Monthly Service Charge: Except as provided in this chapter, every contributor owning or occupying a single-family residential property, multi -family residential property, or a nonresidential property, other than exempt property, shall pay to the city, at the same time payment is made for water service, sanitary sewer or refuse, a stormwater management charge to be determined and billed as provided in this chapter. In the event the owner and the occupant of a particular property are not the same, the liability for payment of the stormwater management charge attributable to that property shall be joint and several as to the owner and occupant. The stormwater management charge shall be a monthly service charge and shall be determined by this chapter and the SFU rate which is established in this chapter and from time to time adjusted as provided in this chapter. C. Application And Computation: The stormwater management charges provided in sections 13-4-6 through 13-4-8 of this chapter shall be applied and computed for each contributor during the customary billing periods as to all bills mailed by the finance director -city treasurer, and such charges shall thereafter be paid and collected as provided in this chapter. (2007 Code § 44-274) D. Rates Established: The SFU rate to be applied to residential and nonresidential properties shall be as follows:$8.29 per SFU. 1. For the period July 1, 2014 through June 30, 2015, the SFU rate shall be five dollars ninety eight cents ($5.98) per SFU. 2. For the period July 1, 2015 through June 30, 2016, thc SFU ratc shall bc six dollars thirty eight cents ($6.38) per SFU. 3. For the period July 1, 2016 through June 30, 2017, thc SFU ratc shall bc six dollars eighty one cents ($6.81) per SFU. /l . For the period July 1, 2017 through June 30, 2018, the SFU rate shall be seven dollars twenty seven cents ($7.27) per SFU. 5. For the period July 1, 2018 through June 30, 2019, the SFU rate shall be seven dollars seventy six cents ($7.76) per SFU. 6. For the period July 1, 2019 through June 30, 2020, the SFU rate shall be eight dollars twenty nine cents ($8.29) per SFU. 7. For the period July 1, 2020 through June 30, 2021, the SFU rate shall be eight dollars eighty five cents ($8.85) per SFU. 8. Beginning on July 1, 2021, the SFU rate shall be nine dollars ($9.00) per SFU. E. Authority To Adjust Rate: If at any time the director determines that the SFU rate and/or the budget for the stormwater management utility system requires adjustment, the director shall report such determination to the city manager and city council. The city council may at any time adjust the SFU rate by adoption of an ordinance amending this section, and may at any time adjust the budget for the stormwater management utility system by adoption of an appropriate resolution. F. Policy On Expenditure Of Revenues: The city council hereby establishes a formal policy regarding the expenditure of stormwater management utility revenues as follows: 1. The city manager shall develop and implement a cost accounting system, capable of accurately recording and segregating charges to the system by all departments of the city, to include the cost of personnel, machinery, contract equipment and construction, supplies, depreciation, and any and all miscellaneous expenses and purchases. 2. No revenues generated by the stormwater utility user fee shall be used for any purpose other than stormwater expenses. 13-4-6: SINGLE-FAMILY RESIDENTIAL PROPERTY: A. Percentage Of SFU Rate: The stormwater management charge for a single-family residential property shall be the following percentage of the SFU rate: Impervious Area Of Property (Square Feet) 1,471 or less 1,472 to 4,374 1- 4,375 or more SFU Rate 50 percent i 100 percent [50 percent B. Commencement Of Charge: As to a new single-family residence, the stormwater management charge attributable to that residence shall commence upon the earlier of the following: 1. The issuance of a permanent water meter. 2. If no water meter is issued for that development or if development has halted, on the date that the director or the director's designee determines in reasonable judgment that the development is substantially complete or has been halted for at least three (3) months. C. Charge Exception. The City Manager shall establish a policy for evaluating cases of extreme financial hardship for single family residential customers and the City's ability to make adjustments in the monthly charge for single family residential customers as determined by the terms and conditions of the policy and the funds allocated, and available, through the budget process. D. Appeal Determination Of Charge: Any owner or occupant of a residential property aggrieved by the director's calculation of the stormwater management charge as provided in this section may appeal such determination to the director as provided in section 13-4-9 of this chapter. 13-4-7: NONSINGLE-FAMILY RESIDENTIAL PROPERTY: A. The stormwater management charge for a nonsingle-family residential property shall be the following percentage of the SFU rate multiplied by the number of dwelling units on the property: Nonsingle-Family Residential Property Classification SFU Rate Multi -family (excluding condominiums and mobile homes) 42 percent Condominium 83 percent Mobile home 65 percent B. Charge Exception. The City Manager shall establish a policy for evaluating cases of extreme financial hardship for non -single family residential customers and the City's ability to make adjustments in the monthly charge for non -single family residential customers as determined by the terms and conditions of the policy and the funds allocated, and available, through the budget process. STATE OF IOWA SS: DUBUQUE COUNTY CERTIFICATE OF PUBLICATION I, Kathy Goetzinger, a Billing Clerk for Woodward Communications, Inc., an Iowa corporation, publisher of the Telegraph Herald, a newspaper of general circulation published in the City of Dubuque, County of Dubuque and State of Iowa; hereby certify that the attached notice was published in said newspaper on the following dates: 06/05/2020 and for which the charge is 72.00 4:,/////AWMFli:it Subscribed to before me, a Notary Public in and for Dubuque County, Iowa, this 5th day of June, 2020 c in and for Dubuque County, Iowa. .IANET K. PAPE Commission Number 199059 My Comm. Exp. DEC 11, 2022 Ad text : OFFICIAL PUBLICATION ORDINANCE NO. 21-20 AMENDING CITY OF DUBUQUE CODE OF ORDINANCES TITLE 13 PUBLIC UTILITIES, CHAPTER 4 STORM -WATER MANAGEMENT, SECTION 13-4-5 SFU RATE, CHARGES; UTILITY REVENUES; SECTION 13-4-6 SINGLE-FAMILY RESIDENTIAL PROPERTY; AND SECTION 13-4-7 NONSINGLE-FAMILY RESIDENTIAL PROPERTY NOW,, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. Section 13-4-5 of the City of Dubuque Code of Ordinances is hereby amended to read as follows: 13-4-5: SFU RATE, CHARGES; UTILITY REVENUES: A. "Square Feet Equivalency: For purposes of this chapter, an SFU shall be equivalent to two thousand nine hundred seventeen (2,917) square feet of impervious property. B. "Monthly Service Charge: Except as provided in this chapter, every contributor owning or occupying a single-family residential property, multi -family residential property, or a nonresidential property, other than exempt property, shall pay to the city, at the same time payment is made for water service, sanitary sewer or refuse, a stormwater management charge to be determined and billed as provided in this chapter. In the event the owner and the occupant of a particular property are not the same, the liability for payment of the stormwater management charge attributable to that property shall be joint and several as to the owner and occupant. The stormwater management charge shall be a monthly service charge and shall be determined by this chapter and the SFU rate which is established in this chapter and from time to time adjusted as provided in this chapter. C. "Application And Computation: The stormwater management charges provided in sections 13-4-6 through 13-4-8 of this chapter shall be applied and computed for each contributor during the customary billing periods as to all bills mailed by the finance director -city treasurer, and such charges shall thereafter be paid and collected as provided in this chapter. (2007 Code * 44-274) D. "Rates Established: The SFU rate to be applied to residential and nonresidential properties shall be $8.29 per SFU. E. "Authority To Adjust Rate: If at any time the director determines that the SFU rate and/or the budget for the stormwater management utility system requires adjustment, the director shall report such determination to the city manager and city council. The city council may at any time adjust the SFU rate by adoption of an ordinance amending this section, and may at any time adjust the budget for the stormwater management utility system by adoption of an appropriate resolution. F. "Policy On Expenditure Of Revenues: The city council hereby establishes a formal policy regarding the expenditure of storm -water management utility revenues as follows: 1. "The city manager shall develop and implement a cost accounting system, capable of accurately recording and segregating charges to the system by all departments of the city, to include the cost of personnel, machinery, contract equipment and construction, supplies, depreciation, and any and all miscellaneous expenses and purchases. 2. "No revenues generated by the stormwater utility user fee shall be used for any purpose other than stormwater expenses. Section 2. Section 13-4-6 of the City of Dubuque Code of Ordinances is hereby amended to read as follows: 13-4-6: SINGLE-FAMILY RESIDENTIAL PROPERTY: A. "Percentage Of SFU Rate: The stormwater management charge for a single-family residential property shall be the following percentage of the SFU rate: Impervious Area Of Property (Square Feet), "SFU Rate 1,471 or less, 50 percent 1,472 to 4,374, 100 percent 4,375 or more, 150 percent B. "Commencement Of Charge: As to a new single-family residence, the stormwater management charge attributable to that residence shall commence upon the earlier of the following: 1. The issuance of a permanent water meter. 2. "If no water meter is issued for that development or if development has halted, on the date that the director or the director's designee determines in reasonable judgment that the development is substantially complete or has been halted for at least three (3) months. C. "Charge Exception. The City Manager shall establish a policy for evaluating cases of extreme financial hardship for single family residential customers and the City's ability to make adjustments in the monthly charge for single family residential customers as determined by the terms and conditions of the policy and the funds allocated, and available, through the budget process. D. "Appeal Determination Of Charge: Any owner or occupant of a residential property aggrieved by the director's calculation of the stormwater management charge as provided in this section may appeal such deteuuination to the director as provided in section 13-4-9 of this chapter. Section 3. Section 13-4-7 of the City of Dubuque Code of Ordinances is hereby amended to read as follows: 13-4-7: NONSINGLE-FAMILY RESIDENTIAL PROPERTY: A. "The stormwater management charge for a nonsingle-family residential property shall be the following percentage of the SFU rate multiplied by the number of dwelling units on the property: Nonsingle-Family Residential, Property Classification, SFU Rate Multi -family (excluding condominiums and mobile homes), 42 percent Condominium, 83 percent Mobile home, 65 percent B."Charge Exception. The City Manager shall establish a policy for evaluating cases of extreme financial hardship for non -single family residential customers and the City's ability to make adjustments in the monthly charge for non -single family residential customers as determined by the terms and conditions of the policy and the funds allocated, and available, through the budget process. Section 4. This Ordinance shall take effect on the 1st day of July, 2020. Passed, approved and adopted this 1st day of June, 2020. /s/Roy D. Buol, Mayor Attest: /s/Kevin S. Firnstahl, City Clerk Published officially in the Telegraph Herald newspaper on the 5th day of June 2020. /s/Kevin S. Firnstahl, city Clerk It 6/5