Dessins

I. BACKGROUND

The relevant facts are not in dispute. In 2022, the City proposed a new storm drainage fee to fund repairs, maintenance, and improvements to its storm drainage system. The fees were to be calculated using a formula that considered parcel size and land use. The City expected the fee to generate approximately $20 million in revenue each year. City-owned properties would have a total annual storm drainage fee of about $496,000. The City’s Department of Utilities conducted an election regarding the proposed storm drainage fee. In February 2022, 130,071 ballots for 154,879 parcels were mailed to property owners who receive storm drainage services and would be subject to the fee. Each property owner received one vote per property with a proposed fee. The City owned one percent of the properties with a proposed fee: The City Council authorized the City Manager or his designee to sign ballots for 2,007 City-owned properties that would be subject to the fee. Ultimately, 22,178 votes were cast in favor of the fee, and 20,229 votes were cast against the fee. Based on these results, the City adopted the storm drainage fee and authorized the creation of a new accounting fund—…