(a) There is hereby established the Fayetteville Stormwater Utility, which shall be operated as a municipal stormwater system of the Town of Fayetteville pursuant to the provisions of West Virginia Code § 16-13. This utility shall provide stormwater management to all real property located within the boundaries of the Town of Fayetteville.
(b) The Stormwater Utility shall protect, to the extent practicable, watercourses and water supplies located in or running through the Town from pollution, excessive flows, and any other conditions which degrade the water environment, reduce recharging of groundwater, or endanger human, aquatic and benthic life within the Town of Fayetteville.
(c) The Fayetteville Stormwater Utility shall have all powers covered by West Virginia Code § 16-13 and any subsequent amendments thereto, specifically including but not limited to the authority to plan, acquire, improve, construct, inspect, develop, install, modify, manage, operate, maintain, replace, control, demolish, abandon, regulate, and finance the Stormwater System to serve the Town of Fayetteville. The Fayetteville Stormwater Utility is further authorized to charge and collect rates and fees for the operation, maintenance, improvement, extension and upkeep of the Stormwater System which rates and fees shall be determined by the Fayetteville Town Council. The said Utility is further authorized to accept state or federal funds under any state or federal law or program for actions preliminary to construction/reconstruction or for construction/reconstruction of facilities for the Stormwater System.
(d) The Town, on behalf of the Fayetteville Stormwater Utility, is authorized to issue revenue bonds secured by the revenues of and from the Stormwater System to finance in whole or in part the cost of design, acquisition, construction, reconstruction, improvement, betterment or extension of the Stormwater System, to issue refunding revenue bonds to refinance bonds secured by the revenues of the Stormwater System, and to pledge to the punctual payment of said bonds and interest thereon all or any part of the revenues of the Fayetteville Stormwater Utility.
(e) The Fayetteville 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, leasing or other acquisition and financing thereof of facilities for the Stormwater System and the maintenance and operation thereof.
(f) Fees and charges for the Fayetteville Stormwater Utility shall be subject to review, approval and enactment by the Fayetteville Town Council. Collected rates and fees shall be solely for the purposes of the Fayetteville Stormwater Utility.
(g) All real property, easements, fixtures and personal property of the Town pertaining to stormwater shall be transferred to the Fayetteville Stormwater Utility.
(h) All power and authority possessed by the Town of Fayetteville pertaining to Stormwater Management is hereby transferred to the Fayetteville Stormwater Utility under the supervision and control of the Fayetteville Water Quality Board.
(i) All stormwater systems or facilities owned or controlled by the Town of Fayetteville and revenues raised by Stormwater Management, including but not limited to public flood control are to be collected and/or managed by the Fayetteville Stormwater Utility.
(Ord. 2015-9. Passed 1-7-16.)