(a) The City of Fairmont Stormwater Utility is authorized and empowered to plan, acquire, improve, construct, inspect, develop, install, modify, manage, operate, maintain, replace, control, demolish, abandon, regulate and fund a stormwater collection system and control system and facilities and appurtenances necessary or useful and convenient thereto and to provide storm and surface water drainage services and to maintain an associated stormwater management program within the greater Fairmont urban watershed. Said Utility is further authorized to acquire land, property and/or rights in land by gift, grant, purchase, lease, exercise of the right of eminent domain or otherwise, within or without the corporate limits, and to construct, reconstruct, improve, better and/or to extend stormwater and flood management facilities within the greater Fairmont urban watershed.
(b) The City of Fairmont Stormwater Utility is authorized and empowered to charge and collect rates, fees and charges for the services provided under authority of this article, which rates and fees shall be sufficient to fully fund said utility’s operations and all rates, fees and charges collected therefrom shall be solely for the continued operation of said utility. All such rates, fees and charges shall be fixed by Council by ordinance.
(c) The City of Fairmont Stormwater Utility is authorized and empowered to accept federal funds under any federal law for actions preliminary to construction/reconstruction or for construction/reconstruction of stormwater and flood management facilities or otherwise.
(d) The City of Fairmont Stormwater Utility is authorized and empowered, 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 revenue of said utility, as provided by law.
(e) The City of Fairmont Stormwater Utility is authorized and empowered to and 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) The City of Fairmont Stormwater Utility is authorized and empowered to provide for applicable stormwater management rules and regulations, which rules and regulations shall be fixed by Council by ordinance and shall be codified as Article 941, Stormwater Management Rules and Regulations of the Fairmont City Code.
(Ord. 1330. Passed 12-13-05.)