[Adopted by Ord. No. 13-09 (Ch. 157 of the 2000 Code)]
[Amended 3-23-2023 by Ord. No. 23-02]
The City of Marion finds that the management of stormwater and other surface water discharges within and beyond the City of Marion is a matter that affects the health, safety and welfare of the City, its residents and businesses, and others in the surrounding area. Failure to effectively manage stormwater affects the sanitary sewer utility operations of the City by, among other things, increasing infiltration to the sanitary sewer. In addition, surface water runoff causes erosion of lands, damage to businesses and residences, sedimentation, and other environmental damage in the City of Marion and/or surrounding area. In order to protect the health, safety and welfare of the public, the City of Marion is establishing a stormwater utility for stormwater management services.
There is hereby established a stormwater utility in the City of Marion. The operation of the stormwater utility shall be under the supervision of the City Engineer. Activities and projects funded by the stormwater utility, including operation, maintenance and construction of the City's stormwater management program and infrastructure, shall be overseen by the City Engineer.
The City, acting through the stormwater utility, may acquire, construct, lease, own, operate, maintain, extend, expand, replace, clean, dredge, repair, conduct, manage and finance such facilities, operations and activities, as are deemed by the City to be proper and reasonably necessary for a system of stormwater and surface water management. These facilities may include, without limitation due to enumeration, surface and underground drainage facilities, sewers, watercourses, retaining walls, ponds, streets, roads, ditches, dams and such other facilities as will support a stormwater management system.
In their interpretation and application, the provisions of this article shall be interpreted liberally to secure the ends sought hereby and shall not be deemed a limitation or repeal of any other power granted by the Iowa statutes.
If any section, provisions or portion of this article is adjudged unconstitutional or invalid by a court, the remainder of this article shall not be affected thereby.
[1]
Editor's Note: Former § 274-30, Definitions, as amended 8-17-2023 by Ord. No. 23-21, was repealed 10-5-2023 by Ord. No. 23-23.
[Amended 10-5-2023 by Ord. No. 23-23]
By this chapter, the City Council is establishing the rate classification and basis for computation of charge for stormwater services for each lot and parcel within the City of Marion. All charges established pursuant to this chapter shall be fair and reasonable. Stormwater utility charges shall be based on the number of equivalent runoff units (ERU) assigned to each parcel, plus a monthly services charge. The ERU charge shall be assessed based upon the impervious area as reasonably determined by the City Engineer, except for undeveloped properties and public owned rights-of-way and rail beds, which are exempt from stormwater utility charges.
[1]
Editor's Note: Former §§ 274-32, Customer classification, 274-33, Charge formulas, and 274-33, Fees, as amended by Ord. No. 17-30 and 3-23-2023 by Ord. No. 23-02, were repealed 10-5-2023 by Ord. No. 23-23.
[Amended 10-5-2023 by Ord. No. 23-23]
The City Council shall adopt, by resolution, a policy detailing the criteria for calculating credits and adjustments. It shall be the responsibility of the property owner to prove, using these criteria, that a parcel is eligible for either a credit or an adjustment.
[Amended 10-5-2023 by Ord. No. 23-23]
The City shall separately account for the stormwater utility finances. The City Engineer shall prepare an annual budget, which is to include all operation and maintenance costs, costs of borrowing and other costs related to the operation of the utility. The budget shall be reviewed annually and subject to approval by the City Council.