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Chapter 89 – Storm Water Drainage Utility

Title VI Physical Environment

Chapter  89

Storm Water Drainage Utility

6-89-1             Purpose
6-89-3              Definitions
6-89-3              Drainage Utility Established
6-89-4              Rates
6-89-5              Use of Fund
6-89-6              Payment of Bills
6-89-7              Lien for Nonpayment

 SECTION 6-89-1                  PURPOSEThe purpose of this chapter is to establish a Storm Water Drainage Utility and provide a means of funding the construction, operation and maintenance of storm water management facilities including, but not limited to, detention and retention basins, storm water sewers, inlets, ditches and drains, and cleaning of streets. The Council finds that the construction, operation and maintenance of the City’s storm and surface water drainage system should be funded through charging users of property which may connect or discharge directly, or indirectly, into the storm and surface water drainage system.

 SECTION 6-89-2                  DEFINITIONS. For use in this chapter, unless the context specifically indicates otherwise, the following terms are defined:

             1.)        “Connection” means the physical act or process of tapping a public storm water sewer or drainage line, or joining onto an existing side sewer, for the purpose of connecting private impervious surface or other storm and surface water sources or systems to the public storm and surface water system. It also includes the creation or maintenance of impervious surfaces that cause or may cause an increase in the quantity or decrease in quality, or both, from the natural state of storm water runoff, and which drains, directly or indirectly, to the storm and surface water drainage system.

             2.)        “Storm and surface water drainage system” means any combination of publicly owned storm and surface water quantity and quality facilities, pumping or lift facilities, storm and secondary drain pipes and culverts, open channels, creeks and ditches, force        mains, laterals, manholes, catch basins and inlets, including the grates and covers       associated therewith, detention and retention facilities, laboratory facilities and equipment, and any other publicly owned facilities for the collection, conveyance, treatment and disposal of storm and surface water within the City, to which sanitary sewage flows are not intentionally admitted.

             3.)        “Unit” means each household, place of commerce, education, government, religion, or industry, whether in a single building on a single lot, or in a multiple-use building on a single lot or multiple lot complex. Each unit shall be charged individually, but where the complex is billed under one combined service account, the recipient of that bill shall be deemed the user and receive the total combined storm water drainage system district charge for that complex.

             4).        “User” means any person who uses property that maintains connection to, discharges to, or otherwise receives utility services from the City for storm water management.  The occupant of occupied property is deemed the user.  But where a complex is billed  under one combined service account, the recipient of that bill shall be deemed the user and receive the total combined storm water drainage system district charge for that complex. If the property is not occupied, the person who has the right to occupy it shall be deemed the user. If it is not possible, after reasonable inquiry, to determine the rightful occupant of the occupied property, the owners, individually or severally, shall be deemed to be the users.

 SECTION 6-89-3                  DRAINAGE UTILITY ESTABLISHED.  Pursuant to the authority of Section 384.84(5) of the Code of Iowa, as most recently amended, the entire territorial limits of the City and those accounts outside of the City limits are hereby declared to fall within the jurisdiction of the Storm Water Drainage Utility for the purpose of establishing, imposing, adjusting and providing for the collection of rates for the operation and maintenance of storm water management facilities. The entire City, as increased from time to time by annexation, shall constitute the area covered by this Storm Water Drainage Utility.

                                                            (Code of Iowa, Sec.384.84(5))

SECTION 6-89-4                  RATES. Each user shall pay for storm and surface water drainage service provided by the City. The rates for the operation and maintenance of the storm water management facilities shall be collected by imposing a monthly rate on each “unit”. The rates/charges shall be billed as part of the user’s combined service account. (“Combined Service Account” means a customer service account for the provision of two or more utility services.) The City may adopt rules, charges, rates, and fees for the use of the City’s storm and surface water system and for services provided by the City related thereto. Such rules may include delinquency fees, interest charges and/or penalties. Such charges and fees shall be just and equitable based upon the actual costs of operation, maintenance, acquisition, extension and replacement of the City’s Storm Water Management Facilities/Storm and Surface Water Drainage Systems, the costs of bond repayment, regulation, administration, and the services of the City. The rates for the foregoing functions shall be collected by imposing a monthly rate of  $4.00 on each residential “unit”, and  $4.00 on every other, nonresidential “unit”.  (See definition of unit set forth previously herein. 

Section 6-89-5                        Use of the Fund. The money paid and collected pursuant to this subchapter shall be held by the City in a special fund to be expended only for the purpose of constructing, operating, managing, repairing and maintaining all kinds of conduits, drains, storm water detention devices, flow impediments, ponds, ditches, sloughs, filter strips, rip-raps, erosion control devices and any other things and activities useful to the proper control management, collection, drainage and disposition of storm water in the City of Belle Plaine, Iowa.

 Section 6-89-6                        Payment of Bills.  All Storm Water Drainage Utility charges shall be due and payable under the same terms and conditions provided for payment of a combined service account as contained Chapter 102.30 of this Code of Ordinances. All City services may be discontinued in accordance with the provisions contained in Chapter 102.27 if the combined service account becomes delinquent, and the provisions contained in Chapter 102.30 and

Chapter 102.27 relating to lien exemptions and lien notices shall also apply in the event of a delinquent account.

                                                            (Code of Iowa, Sec 384.84 (2b) and (2d))

 Section 6-89-7                        Lien for Nonpayment. The owner of the premises served and any lessee or tenant thereof shall be jointly and severally liable for charges for the operation and maintenance of the storm water management facilities. Any such charges remaining unpaid and delinquent shall constitute a lien upon the premises served and shall be certified by the Clerk to the County Treasurer for collection in the same manner as property taxes.

                                                            (Code of Iowa, Sec. 384.84 (3a))

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