§ 78-203. Findings, determination and intent.

For the purposes of this article, it is found, determined and declared as follows:

(1)

Those elements of the stormwater system for the collection, transmission and disposal of stormwater and surface water are of benefit and provide services to all real property not served by the stormwater elements of the system.

(2)

The cost of operating and maintaining the city's stormwater management utility system and financing necessary repairs, replacements, improvements and extension thereof should, to the extent practicable, be allocated in relationship to user impacts, based upon contributions to stormwater runoff, and benefits and services received therefrom.

(3)

All property within the city demonstrates a hydrologic response to rainfall events which generates stormwater runoff. The volume, rate, and quality of this runoff will vary with the soil type, land use conditions, topographic conditions, and other variables. In particular, the construction of nonresidential units on previously undeveloped property will generally increase the volume and rate of stormwater runoff, and adversely affect its water quality.

(4)

It is the intent of this article to establish stormwater management as a city utility and to establish a program of service charges and fees for stormwater management services, which charges and fees are to be charged against all property within the city to accomplish the purpose of the utility.

(5)

The city's stormwater utility fees shall be fair and reasonable and shall bear substantial relationship to the cost of providing services and facilities in that similar property shall pay similar stormwater utility fees. A rate study shall be conducted periodically to ensure the equity of the service charges.

(Code 1988, § 25-23)