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TO: Mayor Thomas J. Weisner
FROM: Brian W. Caputo, Chief Financial Officer/City Treasurer
DATE: February 11, 2016
SUBJECT:
An Ordinance Amending Article IV of Chapter 18 of the Aurora Code of Ordinances Entitled “EPA-Mandated Long-Term Control Plan Fee”
PURPOSE:
To obtain the City Council’s approval of a proposed ordinance that would adjust the rate of the EPA-Mandated Long-Term Control Plan (LTCP) Fee.
BACKGROUND:
On June 28, 2011, the Aurora City Council approved Ordinance No. O11-031. This ordinance provided for the establishment of a LTCP fee at a rate of $2.05 per water and sewer service account per bi-monthly billing period. The City Council raised the rate to $3.95 on August 27, 2013, with the passage of Ordinance No. O13-044. The fee is intended to provide resources to implement the city’s LTCP.
The LTCP outlines various projects and actions that would bring the city into compliance with the provisions of the Federal Clean Water Act and the Combined Sewer Overflow Control Policy of the United States Environmental Protection Agency pertaining to the management of combined sewer overflows. The LTCP proposes projects with costs totaling $120 million over the course of a 20-year period.
DISCUSSION:
As of December 31, 2015, approximately 25% of the city’s LTCP had been accomplished.
At the rate of $3.95 per bi-monthly water billing period, the LTCP fee generates approximately $1.5 million per year. This amount of annual revenue is insufficient to accomplish the work remaining to be accomplished in the LTCP. Increases in the fee will be required over the next several years.
The proposed ordinance will serve to increase the rate of the LTCP fee from $3.95 to $5.85 per water and sewer service account per bi-monthly billing period effective April 1, 2016. The increase will generate an additional $720,000 annually to accomplish projects contained in the LTCP.
IMPACT STATEMENT:
Not applicable.
RECOMMENDATIONS:
That the City Council approve the proposed, attached ordinance that would adjust the rate of the EPA-Mandated LTCP Fee.
cc: Alderman O’Connor, Chairman
Alderman Mervine
Alderman Bohman
Alderman Mesiacos, Alternate
CITY OF AURORA, ILLINOIS
ORDINANCE NO. _________
DATE OF PASSAGE ________________
title
An Ordinance Amending Article IV Of Chapter 18 Of The Aurora Code Of Ordinances Entitled "EPA-Mandated Long-Term Control Plan Fee"
body
WHEREAS, the City of Aurora has a population of more than 25,000 persons and is, therefore, a home rule unit under subsection (a) of Section 6 of Article VII of the Illinois Constitution of 1970; and
WHEREAS, subject to said Section, a home rule unit may exercise any power and perform any function pertaining to its government and affairs for the protection of the public health, safety, morals, and welfare; and
WHEREAS, the Clean Water Act and the Combined Sewer Overflow Control Policy of the United States Environmental Protection Agency (the “EPA”) require that local governments manage the overflows from combined sewers within their jurisdictions in accordance with certain standards (the “Standards”); and
WHEREAS, the City is not currently in compliance with the Standards; and
WHEREAS, the EPA has approved the City’s Long-Term Control Plan (the “Plan”), which describes the City’s proposed actions to comply with the Standards; and
WHEREAS, the Plan calls for extensive capital improvements (the “Improvements”) related to the City’s combined sewers and combined sewer overflow facilities; and
WHEREAS, through the approval of Ordinance No. O13-044 on August 27, 2013, the Aurora City Council adjusted the EPA-Mandated Long-Term Control Plan Fee (the “Fee”) to a rate of $3.95 per water and sewer service account per bi-monthly billing period to provide resources to pay for the Improvements; and
WHEREAS, the City will require additional financial resources to complete the Improvements described in the Plan.
NOW, THEREFORE, BE IT ORDAINED by the City Council of the City of Aurora, Illinois, as follows:
Section One: That Section 18-300 of the City of Aurora Code of Ordinances is amended as follows:
ARTICLE VI. EPA-MANDATED LONG-TERM CONTROL PLAN FEE
Sec. 18-300 Fee
A fee is hereby imposed upon all consumers to whom water service is provided by the city for the purpose of funding various projects associated with the city’s Long-Term Control Plan (LTCP) so as to comply with mandatory standards promulgated by the United States Environmental Protection Agency for the management of discharges from the city’s combined sewers.
Sec. 18-301. Amount of fee.
(a) The fee contained in this section shall be based upon a two-month billing period.
(b) The fee shall be as follows:
(1) Commercial water accounts . . . $3.95 $5.85
(2) Industrial water accounts . . . $3.95 $5.85
(3) School/church water accounts . . . $3.95 $5.85
(4) Residential water accounts . . . $3.95 $5.85
(c) For apartment buildings or other multi-family dwellings served by one (1) water meter, the fee shall be charged for each apartment unit or family unit served by the water meter whether occupied or not. The amount of the charge per unit shall be the amount set forth in subsection (b) above for residential water accounts.
(d) The penalty for failure to pay this fee shall be as provided in Chapter 48, Article II, Division 3 entitled “Rates, Charges and Collection Procedures.” Water bill payments made shall be applied in the following order:
(1) Environmental refuse disposal fee.
(2) EPA-mandated LTCP fee.
(3) Drainage project fee.
(4) Fees related to water and sewer services.
Section Two: That this ordinance shall be in full force and effect, and shall be controlling effective April 1, 2016.
Section Three: Those sections, paragraphs, and provisions of the City of Aurora Code of Ordinances which are not expressly amended or repealed by this Ordinance are hereby re-enacted, and it is expressly declared to be the intention of this Ordinance not to repeal or amend any portions of the City of Aurora Code other than those expressly amended or repealed in Section One of this Ordinance.
Section Four: That any Section or provision of this Ordinance that is construed to be invalid or void shall not affect the remaining Sections or provisions which shall remain in full force and effect thereafter.
PASSED by the City Council of the City of Aurora, Illinois, on March 8, 2016.
AYES----_________ NAYES _________
APPROVED AND SIGNED by the Mayor of the City of Aurora, Illinois, on March 8, 2016.
______________________________
Mayor
ATTEST:
_________________________________
City Clerk