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(A) Pursuant to Article 14, Section 5 of the North Carolina Constitution and G.S. Chapter 160A, Article 16, the Village of Clemmons Council hereby creates a public enterprise for the purpose of generating revenue to support the Clemmons stormwater management program. The public enterprise shall be referred to as the Clemmons Stormwater Utility.
(B) Pursuant to G.S. § 160A-311, the Village of Clemmons Council hereby determines that the fees generated by the Stormwater Utility will support the stormwater management program which is designed to protect surface water quality by controlling the level of pollutants in, and the quantity and flow of stormwater; and to effectively maintain the structural and natural stormwater and drainage systems.
(C) Pursuant to G.S. § 160A-312, the Village Council assumes the full authority to act on behalf of the enterprise to acquire, construct, establish, enlarge, improve, maintain, own, operate, and contract for the operation of the Clemmons Stormwater Utility and the associated stormwater management program; and assumes full authority to protect and regulate the Stormwater Utility by adequate and reasonable rules, and shall enforce such rules as adopted by ordinances with the remedies available under any provision of law.
(D) Pursuant to G.S. § 160A-314(a1)(2), the fees established under this chapter are made applicable for all property as indicated herein and located throughout and within the corporate limits of the Village of Clemmons as they currently exist and as they may be amended. It is also declared by the Village of Clemmons Council that the rates, fees, and charges imposed under the authority may not exceed the village’s cost of providing the stormwater management program, and that the village’s cost of providing the stormwater management program includes any costs necessary to assure that all aspects of stormwater quality and quantity are managed in accordance with federal and state laws, regulations and rules. All other provisions of G.S. § 160A-314 are adopted by reference to be applicable to the Clemmons Stormwater Utility.
(Ord. 2005-04, passed 4-25-05)