§ 53.03 CREATION OF A STORMWATER UTILITY.
   (A)   The function of the Stormwater Utility is to provide for the safe and efficient capture of stormwater runoff, mitigate the damaging effects of stormwater runoff, correction of stormwater problems, to fund activities of stormwater management including design, planning, regulations, education, coordination, construction, operations, maintenance, inspection and enforcement activities.
   (B)   There is hereby established a Stormwater Utility within the City of Newton, Iowa which shall be responsible for creating revenue for stormwater management throughout the city’s corporate limits, and shall provide for the management, protection, control, regulation, use, and enhancement of stormwater systems and facilities. Such Utility shall be under the operational direction of the Public Works Director or his or her designee. The corporate limits of the city, as increased from time to time, shall constitute the boundaries of the Stormwater Utility District.
   (C)   The city shall establish a Stormwater Utility Fund in the city budget and accounting system, separate and apart from its General Fund, for the purpose of dedicating and protecting all funding applicable to the purposes and responsibilities of the Utility.
   (D)   In order to manage additions and improvements to the city stormwater systems, the city must have adequate and stable funding for its stormwater management program operating and capital investment needs. It is determined and declared to be necessary and conducive to the public health, welfare, safety and convenience of the city and its residents that charges be levied and collected from the owners or occupants of all lots, parcels of real estate, and buildings that discharge stormwater or surface or subsurface waters, directly or indirectly, to the city stormwater drainage system, and that the proceeds of such charges so derived be used for the purposes of operation, maintenance, repair and replacement, including the payment of debt service, for construction and repair of the stormwater drainage system and flood protection improvements comprising the Stormwater Utility.
(Ord. 2386, passed 10-19-2020)