The following words, terms and phrases, when used in this chapter, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:
1. “Bonds” means revenue bonds, notes, loans, or any other debt obligations issued or incurred to finance the costs of construction.
2. “User” means any person owning, operating, or otherwise responsible for property within the City which directly or indirectly discharges stormwater or surface or subsurface waters to any portion of the stormwater management system, including direct or indirect discharges to the City’s stormwater drainage system, or which is directly or indirectly protected by the City’s flood protection system or stormwater drainage system. The term “user” means any person responsible for the direct or indirect discharge of stormwater or surface or subsurface waters to the City’s stormwater drainage system.
3. “Costs of construction” means costs reasonably incurred in connection with providing capital improvements to the system or any portion thereof, including (but not limited to) the costs of the following:
A. Acquisition of all property, real or personal, and all interests in connection therewith including all rights-of-way and easements therefor.
B. Physical construction, installation and testing including the costs of labor, services, materials, supplies, and utility services used in connection therewith.
C. Architectural, engineering, legal and other professional services.
D. Insurance premiums taken out and maintained during construction, to the extent not paid for by a contractor for construction and installation.
E. Any taxes or other charges which become due during construction.
F. Expenses incurred by the City or on its behalf with its approval in seeking to enforce any remedy against any contractor or subcontractor in respect of any default under a contract relating to construction.
G. Principal and interest on any bonds.
H. Miscellaneous expenses incidental thereto.
4. “Debt service” means the amount of money necessary annually to pay the interest on outstanding debt and pay the principal of maturing bonded debt.
5. “Director” means the City Engineer as director of the Stormwater Management Utility.
6. “Equivalent residential unit” or ERU means the average impervious area of residential developed property per dwelling unit located within the City as periodically determined and established as provided in this chapter, which has been determined by the City to be 2,973 square feet of impervious surface area.
7. “Operating budget” means the annual operating budget for the Stormwater Management Utility adopted by the Council for the succeeding fiscal year.
8. “Revenues” means all rates, fees, assessments, rentals or other charges or other income received by the Utility, in connection with the management and operation of the system, including amounts received from the investment or deposit of moneys in any fund or account and any amounts contributed by the City, all as calculated in accordance with sound accounting practice.
9. “Stormwater drainage system” or “system” means the system of creeks, ditches, drainage channels, pipes, basins, street gutters, and lakes within the City on City-owned property to the extent authorized by any conveyance, through which or into which stormwater runoff, surface water, or subsurface water is conveyed or deposited. This does not include, rivers, streams, creeks, or natural drainage area, easements, or drainage ways situated on private property.
10. “Stormwater Management Utility” or “Utility” means the enterprise fund utility created by this chapter to operate, maintain, and improve the system and for such other purposes as stated in this chapter.
1. District Established, City Limits. The City Council finds, determines, and declares it to be conducive to the health, welfare, safety, and convenience of the City and its residents that a stormwater management utility district be established within the City. Consequently, pursuant to Section 384.84(1) of the Code of Iowa, a stormwater management utility district, to be known as the Waukee Stormwater Management Utility, is established, and it is ordained and declared that the property located within the City limits shall be and constitute the Stormwater Management Utility, and that the Utility shall comprise and include elements of the City’s stormwater drainage and flood protection systems, which provide for the collection, treatment, and disposal of stormwater, surface water, and ground water. It is further found, determined, and declared that the elements of the Stormwater Management Utility are of benefit and provide services to all real properties within the incorporated City limits, including property not directly served by the stormwater drainage system, and that such benefits and services may include, but are not limited to, the provision of adequate systems of collection, conveyance, detention, treatment and release of stormwater; the reduction of hazard to property and life resulting from stormwater runoff and flooding; improvement in general health and welfare through reduction of undesirable stormwater conditions and flooding; and improvement to the water quality in the stormwater and surface water system and its receiving waters.
2. Levy of Charges. It is further determined and declared to be necessary and conducive to the protection of the public health, welfare, safety and convenience of the City and its residents that charges be levied upon 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, replacement and debt service for construction of the stormwater drainage and flood protection improvements comprising the Stormwater Management Utility.
The City Council shall have the following powers, duties, and responsibilities:
1. Prepare ordinances as it deems appropriate to implement this chapter, and adopt such regulations and procedures as are required to implement this chapter and carry out its duties and responsibilities.
2. Administer the acquisition, design, construction, maintenance and operation of the utility system, including capital improvements designated in the comprehensive drainage plan.
3. Administer and enforce this chapter and all ordinances, regulations, and procedures adopted relating to the design, construction, maintenance, operation, and alteration of the utility system, including, but not limited to, the quantity, quality and/or velocity of the stormwater conveyed thereby.
4. Inspect private systems as necessary to determine the compliance of such systems with this chapter and any ordinances or regulations adopted pursuant to this chapter.
5. Prepare and revise a comprehensive drainage and flood protection plan for periodic review and adoption by the City Council.
6. Review plans, approve or deny, inspect and accept extensions to the stormwater drainage system.
7. Establish and enforce regulations to protect and maintain water quality within the system in compliance with water quality standards established by State, regional and/or federal agencies as adopted or amended.
8. Annually analyze the cost of services and benefits provided, and the system and structure of fees, charges, fines and other revenues of the utility, and make recommendations regarding adjustments to such fees, charges, fines and other revenues.
9. Prepare an annual operating budget for the utility and make recommendations regarding the financing of the cost of extending and replacing the system.
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