CHAPTER XV. UTILITIESCHAPTER XV. UTILITIES\ARTICLE 9. STORM WATER

There is hereby created a storm water utility for the city. The purpose of said utility shall be for the establishment of an additional and alternate source of revenue for maintaining and financing the construction, operation, maintenance and improvement of the city’s storm water collection system, including, as necessary, new construction.

(C.O. No. 9; Ord. 867)

(a)   A monthly storm water fee, to be set by resolution of the governing body from time to time, shall be collected on every water meter assigned to a current customer within the city limits.  This fee shall become effective upon the effective date of this ordinance, and shall remain in effect until a new monthly storm water fee is adopted by the governing body pursuant to a separate ordinance as set forth in paragraph (b) below.

(b)   The governing body shall review the storm water utility fee from time to time as necessary, to ensure adequate revenues and fund balances are maintained for the purposes set forth in this article and may change fees by separate resolution.

(c)   Only those water meters that have been physically disconnected and removed, or are located outside of the city limits, shall be exempt from the payment of the storm water utility fee.

(C.O. No. 9; Ord. 867; C.O. No. 13; Code 2016)

(a)   There is hereby created a storm water utility fund. Said fund shall be a separate and non-lapsing fund to be maintained by the city clerk or other financial officer of the city. All revenue from the storm water utility fee shall be credited to said fund in the month of collection.

(b)   The revenue credited to said fund shall be used as an additional and alternate source of funding of:

(1)   Costs of operating and maintaining the existing storm water collection system and any additions thereto, including, but not limited to, storm water sewers, catch boxes, drains, ditches, and the like;

(2)   Costs incurred for the construction, improvement or expansion of the existing storm water collection system and additions thereto; said costs to include, but not limited to, costs of engineering studies and design, feasibility studies, grant applications, acquisition of real estate rights, construction, and the like;

(3)   Costs incurred for the testing for and remediation of storm water contamination which may be required by reason of existing or future local, county, state or federal rules, regulations or laws relating to same; and,

(4)   Costs associated with debt retirement of bonded indebtedness associated with the storm water collection system, as the governing body may designate be paid from said fund, whether said indebtedness currently exists or is subsequently incurred.

(c)   Revenues collected and deposited in said fund shall not be used for purposes other than those designated in this article.

(C.O. No. 9; Ord. 867)

At the end of any fiscal year, the balance, if any, of the storm water utility fund shall be carried forward to the subsequent fiscal year as a reserve for future uses as provided in this article or used for other purposes deemed necessary by the governing body.

(C.O. No. 9; Ord. 867; Code 2016)

The storm water utility fee provided for herein shall become effective the 1st day of April, 2007 and be reflected on the utility bill sent to consumers for the March utility billings and all monthly billings thereafter.

(C.O. No. 9; Ord. 867)

It is unlawful to rake, sweep or otherwise move leaves, grass, dirt, paper, debris or any other material into the streets, gutters, drains or drainage ditches along the sides of any street or alley in the city.

(C.O. No. 9; Ord. 867; C.O. No. 13; Ord. 1076)

(a)   It is unlawful for any person to violate any of the provisions of this article, including all provisions incorporated by reference.

(b)   Upon conviction of a violation of any provision of this article, the offender shall be sentenced to pay a fine in an amount set by resolution of the governing body from time to time, or to serve a term of imprisonment not to exceed six months, or both. In the case of continuing violations, each day that a violation continues shall constitute a separate offense.

(c)   The municipal judge may, at his or her discretion, establish a schedule of fines for violations of this ordinance. Such fines shall be imposed upon a voluntary entry of appearance and plea of guilty or no contest to a complaint alleging such violation. Any such fine so established shall be in an amount set by resolution of the governing body from time to time.

(Ord. 1076)