12-10-2001 Council Packet - Laserfiche WebLink

Home Browse Search

ORDINANCE NO..SECOND SERIES AN ORDINANCE AMENDING THE ORONO CITY CODE TO ESTABLISH A STORM WATER AND DRAINAGE TRi'NK FEE THE CITY OF ORONO. MINNESOTA DOES ORDAIN; SECTION I. The following language is hereby added to the Orono City Code os Section 3.22- Rules and Regulations Establishing a Storm Water and Drainage TrunV Fee with ordinance to become effective December 10. 2001 with charges consistent with Section 3 applicable to all alTected properties. Section I. Storm Sewer System- Statutory Authority. Minnesota Statutes. Section 444.075. authorizes cities to impose just and reasonable charges for the use and availability of storm sewer facilities ("charges"). By this section, the city elects to e.xcrcise such authority'. Section 2. Findings and Dctcrmin-itions. In pro\ iding for such charges, the Findings and determinations set out in this subsection are made. a. In the e.xercise of its governmental authority and in order to promote the public health, safety. conNcnience and general welfare, the city has constructed, operated and maintained a storm sewer system ("the system”). This section is adopted in the further exercise of such authority and for the same purpose. b. The system, as constructed, heretofore has been financed and paid for through the imposition of special assessments and ad valorem taxes. Such financing methods were appropriate to the circumstances at the time they were used. It is now necessary and desirable to provide an alternative method of recovering some or all of the future costs of improving, maintaining and operating the system through the imposition of charges as provided in this section. c. Development or redevelopment of land changes the characteristics of the storm water runoff from the property and results in the nc*ed for improved storm water facilities, and also increases the demand on the storm water system which results in greater maintenance and operational costs of the sy stem c. In imposing charges, it is necessary to establish a methodology that undertakes to make them ji'<^t and equitable. Taking into account, the status of completion of the sy stem, past methods of recovering sy stem costs, the topography of the city and other relevant factors, it is determined that it w ould be just and equitable to assign responsibility for some or all of the future costs of operating, maintaining and improving the system on the basis of the acreage of land to be developed or redeveloped. d. Assigning costs and making charges based upon expected ty pical storm water runoff cannot be done with mathematical precision but can only be accomplished within reasonable and practical limits. The provisions of this section undertake to establish a reasonable and practicable methodology for making such charges. Page 1 of 4