§ 8-35. Findings, purpose and declaration of benefit.  


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  • (a)

    The board of county commissioners does hereby make the following findings:

    (1)

    The stormwater needs of the county are substantial and there is currently insufficient revenues to provide for the needs of the public.

    (2)

    The provision of stormwater management programs throughout the county requires a coordinated effort that can best be provided through a stormwater utility.

    (3)

    The ability of the county to effectively conserve, manage, protect, control, use, and enhance the water resources of the county is dependent on the provision of adequate, equitable and stable funding for the stormwater management program.

    (4)

    The stormwater management system, including the components which provide for the collection of and disposal of stormwater and regulation of groundwater, is of benefit and provides services for the welfare of the county and its residents, including property not presently served by the physical elements thereof.

    (5)

    The formation of a stormwater utility, the establishment of a separate enterprise fund for accounting of the revenues, expenditures, assets, and earnings of the utility, and adoption of various rates, fees, charges, rentals, fines, and penalties are necessary to meet the needs identified in the professional engineering and management analysis.

    (b)

    It is the intent of the county that in addition to other available monies, stormwater utility fees and assessments shall fund the costs of operation and maintenance, extension and replacement and debt service of the stormwater management system.

    (c)

    It is therefore the purpose of this article to provide for the health, safety and welfare of the citizens of the county by providing for the conservation, management, protection, control, use and enhancement, maintenance and improvement of the stormwater systems in the unincorporated areas of the county.

    (d)

    It is hereby determined by the board that the stormwater management services provided pursuant to this article and the establishment of a stormwater utility constitute a benefit to the properties within the area of operation equal to or in excess of the costs of providing such stormwater management services.

( Ord. No. 18-08 , § 2, 4-17-18)