§ 24-434. Establishment of a utility and enterprise fund.

(a)

There is hereby established a stormwater utility to be a separate division of the public works department which shall be responsible for stormwater management throughout the city's corporate limits, and shall provide for the management, protection, control, regulation, use, regulatory compliance, and enhancement of stormwater systems and facilities.

(b)

The city manager shall establish a stormwater enterprise fund in the city budget and accounting system for the purpose of dedicating and protecting all funding applicable to the purposes and responsibilities of the stormwater utility, including but not limited to rentals, rates, charges, fees, and licenses as may be established by the mayor and city council. Any revenues and receipts of the stormwater utility shall be placed in the stormwater enterprise fund and all expenses of the stormwater utility shall be paid from the stormwater enterprise fund, except that other revenues, receipts, and resources not accounted for in the stormwater utility enterprise fund may be applied to stormwater management operations and capital investments as deemed appropriate by the mayor and city council, upon recommendation of the city manager.

(c)

The mayor and city council hereby transfers to the stormwater utility operational control over the existing stormwater management systems and facilities owned and heretofore operated by the city and other related assets, including but not limited to properties upon which such facilities are located, easements, rights-of-entry and access, and certain equipment.

(Ord. No. 74-06, § 1, 11-2-06)