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OROINANCi: NO..SECOND SERIES <br />AN ORDINANCE AMENDING THE ORONO CITY CODE <br />TO ESTABLISH A STORM WATER DRAINAGE UTILITY AND <br />USER CILARGES FOR THE STORM WATER AND DRAINAGE UTILITY <br />THE CITY OF ORONO, MINNESOTA DOES ORDAIN: <br />SECTION I. The following language is hereby added to ihe Orono City Code as <br />Section 3.21- Rules and Regulations Relating to the Storm Water and Drainage Utility with ordinance to <br />become effective January 1. 2002 with charges consistent with Section 3 applicable to all affected properties. <br />Section I. Storm Sewer System: Statu* <rv Authority. Minnesota Statutes. Section 444.075, authorizes cities to <br />impose just and reasonable charges for the use and availability of storm sewer facilities ("charges"). By this <br />section, the city elects to exercise such authority. <br />Section 2. Findings and Determinations. In providing for such charges, the findings and determinations set out in <br />this subsection are made. <br />a. In the exercise of its govenuncntal authority and in order to promote Ihe public health, safety, <br />convenience and general welfare, the city has constructed, operated and mainiained a stomi sewer system <br />("the sy stem"). This section is adopted in the further exercise of such authority and for the .same purpose. <br />b. The sy stem, as constructed, heretofore has been financed and paid for throui;h the imposition of special <br />assessment:} and ad \alorem la.xes. Such financing methixls were appropriate to the circumstances at the <br />time they were used. It is now necessary and desirable to provide an alternative method of recovering <br />si'me or all of the future costs of improving, maintaining and operating the system through the imposition of <br />charges as pros ided in this section. <br />c. In imposing charges, it is necessary' to establish a methodology that undertakes to make them just and <br />equitable. Taking into account, the status of completion of the system, past methods of recovering sy stem costs, <br />the topography of the city' and other relevant factors, it is determined that it would be just and equitable to assign <br />responsibility for some or all of the future costs of operating, maintaining and improving the sy stem on the basis <br />of the expected storm water runoft from the various parcels of land w ithin the city during a standard 5-year <br />rainfall event. <br />d. Assigning costs and .taking charges based upon expected typical storm water runolT cannot be done vMth <br />mathematical precision but cm only be accomplished within reasonable and practical limits. The pro\isions of <br />this section undertake to establish a reasonable and practicable methodology for making such charges. <br />Page 1 of 4