That the City of Stockton Stormwater Management Utility is hereby established.

(Ord. 1511; Code 2015; Ord. 1684)

For the purposes of this article, the following definitions shall apply: Words used in the singular shall include the plural, and the plural, the singular; words used in the present tense shall include the future tense. The word “shall” is mandatory and not discretionary. The word “may” is permissive. Words not defined herein shall be construed to have the meaning given by common and ordinary use as defined in the latest edition of Webster’s Dictionary.

(a)   “Costs of Construction” means costs reasonably incurred in connection with providing capital improvements to the System or any portion thereof, including, but not limited to, the costs of (1) acquisition of all property, real or personal, and all interests in connection therewith including all rights-of-way and easements therefore, (2) physical construction, installation and testing, including the costs of labor, services materials, supplies and construction services used in connection therewith; (3) architectural, engineering, inspection, legal and other professional services, (4) insurance premiums taken out and maintained during construction, to the extent not paid for by a contractor for construction and installation, (5) any taxes or other charges which become due during construction, (6) expenses incurred by the City or on its behalf with its approval in seeking to enforce any remedy against any contractor, (7) principal of and interest of any Bonds, and (8) miscellaneous expenses incidental thereto.

(b)   “Extension and Replacement” means costs of extensions, additions and capital improvements to, or the removal and replacement of capital assets of, or purchasing and installing new equipment for, the System, or land acquisitions for the System and any related costs thereto, or paying extraordinary maintenance and repair, including the Costs of Construction, or any other expenses which are not costs of Operation and Maintenance or Debt Service.

(c)   “Operations and Maintenance” means the current expenses, paid or accrued, of operation, maintenance and current repair of the System as calculated in accordance with sound accounting practice, and includes, without limiting the generality of the foregoing, insurance premiums, administrative expenses, labor, executive compensation, and cost of materials and supplies used for current operations, and charges for the accumulation of appropriate reserves for current expenses not annually incurred, but which are such as may reasonably be expected to be incurred in accordance with the sound accounting practice.

(d)   “Stormwater Management System” means the existing stormwater management of the City and all improvements thereto which by this article are the property and/or responsibility of the City, to be operated as an enterprise fund to, among other things, conserve water, control discharges necessitated by rainfall events, incorporate methods to collect, convey, store, absorb, inhibit, treat, use or reuse water to prevent or reduce flooding, over-drainage, environmental degradation and water pollution or otherwise affect the quality and quantity of discharge from such system.

(Ord. 1511; Code 2015; Ord. 1684)

Subject to the provisions of this article, each and every property within the corporate limits of the City, and the owners and non-owner users thereof, shall have imposed upon them a Stormwater User Fee. In the event the owner and non-owner users of a particular property are not the same, the liability for each the owner and non-owner user for the Stormwater User Fee attributable to that property shall be joint and several. The Stormwater User Fee shall be on a monthly basis at the rate set forth hereafter or as established and changed from time to time by the City Commission.

(Ord. 1511; Code 2015; Ord. 1684)

The Stormwater User Fee for water-metered property shall be billed and collected monthly with the monthly City’s services utility bill for those properties utilizing the City’s water utility. These fees shall be billed monthly.

(Ord. 1511; Code 2015; Ord. 1684)

For the year 2023, the Stormwater User Fee monthly rates shall be as follows:

(a)   Residential                                 $1.00

(b)   Churches and Non-Profit             $1.50

(c)   Commercial                                $1.50

(d)   Governmental and Schools          $1.50

Beginning January 1, 2023, the Stormwater User Fee will increase by an additional $0.50 per month.

(Ord. 1511; Code 2015; Ord. 1684)

For each charge levied by or pursuant to this article, if the same is not paid within thirty (30) days after it is due and payable, the City is authorized to terminate electricity, water or other utility service until the charge is paid.

(Ord. 1511; Code 2015; Ord. 1684)

The City Manager may make and enforce such rules and regulations as may be deemed necessary for the safe, economical and efficient management and protection of the municipal storm water system, for the construction and use of the storm water system and facilities, for connections to the storm water system and for the regulation, collection, rebating and refunding of charges provided such rules and regulations are not in conflict with any municipal ordinance. No person shall violate or fail to comply with any such rule or regulation.

(Ord. 1511; Code 2015; Ord. 1684)