(a) The Martinsburg 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 Martinsburg urban watershed and other receiving waters of the State. The Martinsburg Stormwater Utility shall further meet the requirements of State and Federal law and the City's municipal stormwater NPDES permit.
(b) The Martinsburg Stormwater Utility shall have all powers conferred by the Act, specifically including, but not limited to plan, acquire, improve, construct, inspect, develop, install, modify, manage, operate, maintain, replace, control, demolish, abandon, regulate, and fund storm and surface water drainage services, system and facilities within the urban watershed. The Utility is further authorized to acquire property and/or rights in land by gift, purchase, lease, or exercise of the right to eminent domain, to construct, to reconstruct, to improve, to better and to extend stormwater and flood management facilities within the City 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 City of Martinsburg. The utility is further authorized to accept Federal funds under any Federal law for actions preliminary to construction/reconstruction or construction/reconstruction of stormwater and flood management facilities.
(c) The Martinsburg 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.
(d) The Martinsburg 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.
(e) All real property, easements, fixtures and personal property of the city pertaining to stormwater, specifically including, but not limited to, all assets of the stormwater division of the department of public works currently held by the department of public works shall be transferred to the Martinsburg Stormwater Utility.
(f) Article 937
of the Martinsburg City Code and Ordinance 2013-17 relating to illicit discharge and detection and erosion and sediment control shall be amended to transfer the responsibilities to the Martinsburg Stormwater Utility under the supervision and control of the Martinsburg City Council.
(g) All power and authority possessed by the City of Martinsburg pertaining to stormwater management is hereby transferred to the Martinsburg Stormwater Utility under the supervision and control of the Martinsburg City Council.
(h) All stormwater systems or facilities owned or controlled by the City of Martinsburg, and revenues raised for stormwater management, including but not limited to, public flood control are to be collected and/or managed by the Martinsburg Stormwater Utility.
(Ord. 2021-12. Passed 10-14-21.)