(a) There is hereby established the Eleanor Stormwater Utility. This utility shall serve the Town of Eleanor watershed, which shall include all areas within the corporate boundaries of the Town of Eleanor and all adjacent and shall provide storm, flood and surface drainage management services to all real property located within the Eleanor watershed.
(b) The Eleanor Stormwater Utility shall protect, to the greatest extent practicable, life, property and the water environment from loss, injury and damage by pollution, erosion, flooding, and other potential hazards, whether from natural causes or from human activity, and shall protect, to the greatest extent practicable, surface waters and receiving waters from pollution, mechanical damage, excessive flows, and other conditions which degrade the water environment, reduce recharging of groundwater, or endanger aquatic and benthic life within the Eleanor watershed and other receiving waters of the State. The Eleanor Stormwater Utility shall further meet the requirements of state and federal law and the town's municipal stormwater NPDES permit.
(c) The Eleanor Stormwater Utility is authorized to plan, acquire, improve, construct, inspect, install, modify, manage, operate, maintain, replace, control, demolish, abandon, regulate, and fund storm and surface water drainage services, system and facilities within the Eleanor watershed. The Utility is further authorized to acquire property and/or rights in land by gift, purchase, lease, or exercise of the right of eminent domain, to construct, to reconstruct, to improve, to better and to extend stormwater and flood management facilities within the Eleanor watershed. The Utility is further authorized to charge and collect rates and fees for these services, which rates and fees shall be determined by the Council of the Town of Eleanor. The Utility is further authorized to accept federal funds under any federal law for actions preliminary to construction or reconstruction of stormwater and flood management facilities.
(d) The Eleanor Stormwater Utility is authorized, in anticipation of the collection of revenues of and from stormwater facilities, to issue revenue bonds to finance in whole or in part the cost of acquisition, construction, reconstruction, improvement, betterment or extension of such facilities, and to pledge punctual payment of said bonds and interest thereon all or any part of the revenues of the Utility.
(e) The Eleanor Stormwater Utility may enter into and perform contracts and agreements with other governmental entities, utility enterprises and private parties for or concerning the planning, construction, lease or other acquisition and the financing of stormwater and flood management facilities and the maintenance and operation thereof.
(f) Fees and charges for stormwater management services shall be subject to review, approval and enactment by the Eleanor Town Council, pursuant to the Eleanor Codified Ordinances and the duly enacted operating procedures of the Town Council. Enacted rates and fees shall be sufficient to fully fund the operation of the Eleanor Stormwater Utility. Collected rates and fees shall be solely for the operation of the Stormwater Utility.
(g) The Eleanor Sanitary Board shall operate and maintain the stormwater collection system.
(h) All power and authority possessed by the Town of Eleanor pertaining to public flood control and storm and surface water drainage services and operation of the Stormwater Utility is hereby transferred to the Eleanor Sanitary Board. The Eleanor Sanitary Board shall serve as the Board for the Eleanor Stormwater Utility.
(i) All storm and surface water drainage systems or facilities owned or controlled by the Town of Eleanor, and revenues raised for the purpose of or pertaining to public flood control and storm and surface water drainage services and operation of the Stormwater Utility, are to be collected and/or managed by the Eleanor Sanitation Board. The Sanitation Board shall, no less than annually, present to Eleanor Council a budget and audited financial statements of the Stormwater Utility. (Ord. 09-02. Passed 9-17-09.)