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§ 404.01 FINDINGS.
   The City Council recognizes that the control and regulation of stormwater drainage is necessary to protect the environment and the public health safety and welfare. The Council hereby finds that:
   (1)   In the exercise of its governmental authority the city has constructed, operated, and maintained a stormwater system;
   (2)   It is necessary and desirable to provide a method of recovering the future costs of improving, maintaining, and operating the system by establishing a program of user charges;
   (3)   In imposing charges, it is necessary to establish a methodology that undertakes to make them just and equitable to assign responsibility for some or all of the future costs of operating, maintaining, and improving the system on the basis of the expected stormwater runoff from the various parcels of land with the city; and
   (4)   Assigning costs and making charges based upon impervious coverage can only be accomplished within reasonable and practical limits. The provisions of this chapter establishes a reasonable and practical methodology from making such charges.
(Ord. 07-21, passed 8-23-2021)
§ 404.02 GENERAL OPERATION.
   (1)   The city stormwater system shall be operated as a public utility (hereinafter called the "stormwater utility" or "utility"), pursuant to M.S. § 444.075, from which revenues will be derived subject to the provisions of this chapter and Minnesota Statutes.
   (2)   The stormwater system consists of lift stations, catch basins and manholes, collection piping, forcemain, storage tanks and ponds, structural and non-structural BMP's (Best Management Practices), and associated appurtenances located within public right-of-way and/or dedicated easements.
   (3)   The stormwater utility shall fund the operation, maintenance, repair, and replacement of the stormwater system.
   (4)   The stormwater utility shall not be used to fund expansion of the system to accommodate new development.
   (5)   The city shall, as part of its annual budget process, adopt an operating budget for the stormwater utility for the next fiscal year. The operating budget shall be prepared in conformance with the state budget law, city policy, and generally accepted accounting practices.
(Ord. 07-21, passed 8-23-2021)
§ 404.03 DEFINITIONS.
   For the purposes of this chapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
   BEST MANAGEMENT PRACTICE (BMP). A stormwater practice used to provide water quality treatment or manage stormwater runoff. Examples include storm ponds, infiltration basins, rain gardens, etc.
   IMPERVIOUS SURFACE. A compacted surface or a surface covered with material (i.e., gravel, asphalt, concrete, Class 5, etc.) that increases the depth of runoff compared to natural soils and land cover. Including but not limited to roads, driveways, parking areas, sidewalks and trails, patios, tennis courts, basketball courts, swimming pools, building roofs, covered decks, and other structures.
   STORMWATER UTILITY FEE. The charge developed for each parcel of land pursuant to this chapter, charged quarterly.
   ANNUAL UTILITY REVENUE. The revenue amount equal to the estimated annual expenditures for planning and inventories, capital expenditures, personnel and equipment and operation of the stormwater utility, in accordance with established city policy.
(Ord. 07-21, passed 8-23-2021)
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