In addition to the words, terms and phrases elsewhere defined in this Chapter, the following words, terms and phrases as used in this Chapter shall have the following meanings:

(a)   “COSTS OF CAPITAL IMPROVEMENTS’“ - means costs incurred in providing capital improvements to the storm water management system or any portion thereof, including professional services and studies connected thereto, payment of principal and interest on bonds, heretofore or hereafter issued, including payment of delinquencies of principal and interest due on bonds that are not otherwise payable from special assessments; studies related to the operation of the system; and the costs of any studies performed heretofore in relation to the establishment of the storm utility and other start-up costs of the Storm Water Utility.

(b)   “DRAINAGE FEE” or “DRAINAGE FEES” - means a monetary fee authorized by resolution of the City Council, which may be amended from time to time by the Council, that has been established to pay operation and maintenance, extension and replacement, costs of capital improvements, and debt service associated with the storm water management system.

(c)   “DRAINAGE UNIT” - means the equivalent amount of storm water runoff generated by the impervious surfaces of an average single-family residence and its accessory uses.

(d)   “EXEMPT PROPERTY” - means public right-of-way, public streets, public alleys, public sidewalks, and other property as may be exempted from time to time by the City Council; it also means public property upon which publicly owned and maintained storm drainage facilities are constructed.

(e)   “EXTENSION AND REPLACEMENT” - means cost of extension, addition and capital improvements to, or the renewal and replacement of capital units of, or purchasing and installing of equipment for, the storm water management system, or land acquisition for the storm water management system and any related costs thereto, or paying extraordinary maintenance and repairs, including the costs of capital improvements or other expenses that are not costs of operation and maintenance or debt service.

(f)   “IMPERVIOUS SURFACE” - means any building, structure or surfaced area consisting of gravel, rock, brick, bituminous, concrete or other material in a compacted condition used for storage, parking, driving or other activities.

(g)   “MULTIPLE-FAMILY DWELLING UNIT” - means a single structure used as permanent housing and containing two or more households in separate dwelling units.

(h)   “OPERATION AND MAINTENANCE” - means without limitation the current expenses, paid or accrued, of operation, maintenance, and current repair of the system, and includes, without limiting the generality of the foregoing, insurance premiums, administrative expenses, equipment costs, labor costs, and the cost of materials and supplies used for current operations.

(i)    “REVENUES” - means all notes, fees, assessments, rents, or other charges or income received by the Storm Water Utility in connection with the management and operation of the Storm Water Utility system, including amounts received from the investment or deposit of monies in any fund or account, and bond revenues.

(j)    “SINGLE FAMILY DWELLING UNIT” - means a single structure used as permanent housing for a single family, including those units in manufactured home parks.

(k)   “STORM WATER MANAGEMENT SYSTEM”, “SEWER SYSTEM”, or “SYSTEM” -means storm sewers and related facilities that exist at the time of the adoption of Charter Ord. No. 14 or that are hereafter established and all appurtenances necessary in the maintaining and operating of the same, including, but not limited to, pumping stations, lateral sewers, main sewers, interceptor sewers, out-fall sewers, drain channels, rivers, streams, and other flood control facilities and works for the collection, transportation, pumping, treatment, and disposing of storm or surface water.

(l)    “STORM WATER UTILITY” or “UTILITY” - means the utility created by this article to operate, maintain, and improve the storm water management system, and for such other purposes as are set forth in this article.

(C.O. No. 14; Code 2016)

In order to protect life and property throughout the City from the hazards and potential damage from storm water runoff, there is hereby established a Strom Water Utility and Management System, the purpose of which is to assist the City of Solomon in its responsibility for the operation, construction, maintenance, and repair of storm water drainage system facilities to provide adequate systems of collection, conveyance, detention, treatment, and release of storm water.

(C.O. No. 14; Code 2016)

The Mayor or his designee shall be empowered to administer the Storm Water Utility and Management System and may delegate such duty and responsibility as is necessary to carry out the provisions of this article within the limits of the budget, directives, and storm drainage regulations adopted by the City Council for this utility. The Mayor or his designee shall have the following responsibilities:

(a)   To develop a plan for construction, operation, reconstruction, repair and maintenance of the various facilities that make up the City’s storm drainage and sewer system including but not limited to curbs and gutters, storm drain inlets, storm drain pipes, ditches, culverts, canals, detention basins, berms and levees;

(b)   To perform an annual capital improvement review for needed improvements to existing facilities and/or development of new facilities;

(c)   To carry out a program of work directives, and resolutions as adopted by the City Council.

(d)   To enforce all regulations pertaining to storm water including the retention of or discharge from private property.

(e)   Review private systems as necessary to determine the compliance of such systems with this Chapter.

(f)   Advise the Mayor, City Council, and staff on matters relating to this utility.

(g)   Review plans and approve, deny, inspect, and accept extensions and connections to the system.

(h)   To analyze the costs of services and benefits provided and to recommend fees, charges, fines, and other revenues of the Storm Water Utility.

(C.O. No. 14; Code 2016)

The City shall adopt an operating budget for each fiscal year for said Storm Water Utility. The operating budget shall set forth for each fiscal year the estimated revenues and the estimated costs for operation and maintenance, extension, replacement, and debt service. The initial operating budget shall be for the fiscal year commencing January 1, 2013.

(C.O. No. 14; Code 2016)

There is hereby established for each and every single family dwelling, multiple family dwelling, and all commercial and industrial developed property within the City, other than property declared exempt by the provisions of this Chapter, a drainage assessment. Such drainage assessment shall be established based on the following formula:

(a)   Drainage Assessment for Single Family Dwelling Unit: All property shall be assessed one drainage unit.

(b)   Drainage Assessment for Multiple Family Dwelling Unit (two or more dwelling units): 0.7 DU per unit.

(c)   Drainage Assessment for Small Commercial/Business Property: 2.0 drainage units.

(d)   Drainage Assessment for Large Commercial/Industrial Property with a minimum of 25,000 square feet of impervious surface, to a maximum of 100,000 square feet: 8.0 drainage units.

(e)   Drainage Assessment for Very Large Commercial/Industrial Property with a minimum of 100,001 square feet of impervious surfaces: 16.0 drainage units.

(f)   Drainage Assessment for churches, synagogues, and other places of worship: 2.0 drainage units.

(g)   Drainage Assessment for Public Schools: 16.0 drainage units.

(h)   Undeveloped property in its natural state with no buildings or impervious areas will not be assessed a drainage unit.

(C.O. No. 14; Code 2016)

Any person disagreeing with the calculations of the drainage unit assessment may appeal such determination to the City Council. Any appeal must be in writing. The Mayor or his/her designee shall thereupon hold an informal hearing. The Mayor or designee, prior to such hearing, may request that the appealing party provide information concerning the basis of the appeal, including a land survey prepared by a registered survey of the area in question, if such information is deemed to be material by the Mayor or designee. Based upon information provided, the Mayor or designee shall make a determination of the drainage assessment for such property. The City Clerk shall notify the parties in writing of the Mayor’s decision.

(C.O. No. 14; Code 2016)

There is hereby imposed on all developed property within the City, except property declared exempt under the provisions of this Chapter, a Storm Water Utility fee. The amount of the Storm Water Utility fee for such property shall be based on the number of drainage units assessed against the property and shall be set by Council Resolution.

(C.O. No. 14; Code 2016)

(a)   Storm Water Utility fees shall be billed and collected monthly with the monthly water and sewer utility for those properties utilizing such City utilities. The Storm Water Utility fee for those properties utilizing City utilities shall be part of a consolidated statement for utility customers which shall be paid in a single payment. In the event that a partial payment is received, the payment shall be applied proportionately between all accounts appearing on the consolidated billing. Unless otherwise provided for herein, all billings for drainage fees shall become due and payable according with sections of the Code of the City and with rules and regulations which pertain to City utilities that relate to collection of utility charges. Storm Water Utility fee billing for any given property shall initially be the responsibility of the person who is paying for water and/or sewer service for the property. If no person is in possession of the property, the drainage fee shall be the responsibility of the property owner. The property owner is responsible for Storm Water Utility fees not paid by the occupant.

(b)   Storm Water Utility fees shall be subject to a penalty for late payment which is the same as that imposed for late payment of water and sewer utility charges. In addition to any other remedies or penalties provided by this Chapter or any other Ordinance of the City, failure of any user of the Storm Water Management System to pay said charges promptly when due shall subject such user to discontinuance of city utility services and the Mayor of the City, or the Mayor’s designee, is hereby empowered and directed to enforce this provision as to any and all delinquent users in accordance with provisions set forth in the City Code. Users shall be entitled to notice before city utility services are disconnected for failure to pay Storm Water Utility fees.

(C.O. No. 14; Code 2016)

(a)   All Storm Water Utility fees collected shall be paid into an Enterprise Fund which is hereby created to be known as the Storm Water Utility Fund.           Such funds shall be used for the purpose of paying the costs of operation, capital improvements, construction, reconstruction, repair and maintenance of the storm water facilities of the City and to carry out all other purposes of this utility. To the extent that the Storm Water Utility fees collected are insufficient to construct the needed storm water drainage facilities, the costs of same may be paid from such City funds as may be determined by the City Commission, but the City may order reimbursement of such fund if additional fees are thereafter collected.               When the fund has surplus dollars on hand in excess of current needs, the surplus dollars shall be invested to return the highest yield consistent with proper safeguards.

Any interest earned on invested funds, bond revenues, and other revenues shall be placed in the Storm Water Utility fund.

(b)   Storm Water Utility fees and charges paid and other revenue received shall not be used for general or other governmental or proprietary purposes of the City.

(c)   Nothing in this Chapter shall be so construed as to limit or restrict the planning, engineering, capital improvements, construction, reconstruction, repair, operation, or maintenance of storm water facilities through other means including but not limited to other City fees and taxes, bonds, grants, special improvement districts, contributions from other agencies, interlocal cooperation agreements, or private contributions.

(C.O. No. 14; Code 2016)