§ 54-102. Findings of fact and statement of purpose.

(a)

The city operates and maintains a system of storm and surface water management facilities, including but not limited to inlets, conduits, manholes, channels, ditches, drainage easements, retention and detention basins, infiltration facilities and other components.

(b)

The elements of the city storm and surface water management system that provide for the collection, storage, treatment, and conveyance of stormwater benefit and provide services to all property within the city.

(c)

The cost of operating and maintaining the stormwater utility management system and the financing of existing and future repairs, replacements, improvements, and extensions thereof should, to the extent practicable, be allocated in proportion to the benefits enjoyed, and the services received therefrom.

(d)

Due to the age of the existing infrastructure, some rehabilitation and replacement may be required.

(e)

Water quality is degraded because of erosion and the discharge of nutrients, metals, oil, grease, and other substances into and through the stormwater system.

(f)

Public health, safety, and welfare are adversely affected by poor water quality and flooding resulting from inadequate stormwater management practices.

(g)

Real property either uses or benefits from the presence and operation of the stormwater utility management system.

(h)

Florida local governments have the authority to establish stormwater utility management programs pursuant to the home rule powers provided in the Florida Constitution and F.S. ch. 166 and ch. 403.

(i)

The Florida Legislature, through the adoption of F.S. § 403.0893, specifically authorizes and encourages local governments to provide stormwater utility management services as a utility function for which service charges may be levied.

(j)

New and dedicated funding for the stormwater utility management program of the city is needed, and the levy of a stormwater utility management fee is the most equitable method of providing this funding.

(k)

The Federal Clean Water Act, and the implementing regulations adopted by the Federal Environmental Protection Agency (EPA), require the permitting of certain municipal stormwater systems to ensure that minimum water quality standards are met.

(l)

The establishment of a stormwater utility management plan now will mitigate the impact of the costs ultimately imposed upon local governments through the adoption by the EPA of permitting standards for separate stormwater systems.

(m)

Adoption of a stormwater utility management program will generate revenues needed to implement the level of service standards contained in the city's comprehensive master land use plan drainage element and the capital improvement elements which were adopted in conformance with the requirements of F.S. ch. 163.

(n)

Local natural resource features such as wetlands, lakes and groundwater supplies can be protected and enhanced as part of the stormwater utility management program.

(Ord. No. 96-06, 6-4-96)