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A. The general health, welfare and safety of the people of Colorado Springs is protected and safeguarded by the accommodation of stormwater drainage and control. It is necessary for the City to plan for and provide facilities to drain and control stormwater properly within the City so that the pollution of underground and surface waters is reduced and the natural environment is enhanced. In furtherance of this declaration, Council recognizes the following principles:
1. The public stormwater drainage system owned and operated by the City within the City of Colorado Springs, and upon property controlled by the City of Colorado Springs under the City's home rule authority, is owned and operated by the City in its governmental capacity under the City's police power for the health, welfare, safety, convenience and necessity of the citizens of the City of Colorado Springs.
2. All residents, businesses and properties within the City of Colorado Springs benefit from the City stormwater drainage system. These benefits include enhanced public safety and a general improvement to the quality of life and the business climate within the City of Colorado Springs.
3. It is just, reasonable and appropriate to recover the costs of the public stormwater drainage system from the individuals, businesses and properties located in the City of Colorado Springs through a service charge. Service charges, also known as service fees, are a recognized method by which a home rule city can collect the costs of a service from the individuals, businesses, and properties that benefit from the service.
4. An effective and fair funding system for necessary public stormwater facilities is desirable and should be established. Service charges or fees should be established by City Council in amounts sufficient to defray the development, capital improvements, operations and maintenance costs of the public stormwater drainage system and should be charged to properties located within the City of Colorado Springs, both residential and nonresidential, that benefit from the stormwater service provided by the City.
B. A stormwater service charge or fee benefits all users of the City's stormwater facilities by allowing for the construction, improvement, operation and maintenance of public stormwater facilities and a public stormwater system in the City. These facilities and the system in turn promote the general health, safety and welfare of users during storms and floods, and provide other benefits, including, but not limited to: 1) protecting the movement of emergency vehicles and emergency personnel; 2) keeping access open to necessary and critical public and private facilities and buildings; 3) preventing death and injury to persons; 4) preventing damage to public and private property; 5) protecting the continued operation of other public utility services; and 6) allowing compliance with the clean water requirements of Federal law.
C. The provision of stormwater drainage and control through a stormwater enterprise, a financially self-sufficient activity supported by the fees it collects, best serves the public interests identified in this declaration.
D. City Council expressly does not intend any provision of this article be interpreted to relieve any person or entity of any obligation to provide or fund studies, updates or drainage facilities under any other provision of the City Code, or under any annexation agreement, contract or other obligation whatsoever, nor shall this article be interpreted to waive or affect any obligation of any person or entity to comply with any ordinance, resolution, rule, regulation, policy or tariff as it may relate to utilities, zoning, planning, subdivision or other requirement under the City Code. (Ord. 05-192; Ord. 08-44)