§ 26-179. Method of financing drainage projects.

(a)

New drainage projects. The developer, owner, or his agent of new commercial or industrial development projects, shall assume 100 percent of the cost of the stormwater management plan approved for the proposed development.

(b)

Drainage projects for existing developments. The city council may create stormwater drainage projects in established residential, commercial or industrial areas in the city for the purpose of stormwater management control, and designate one of the following methods of financing the project:

(1)

Capital improvement program. The city council has established guidelines for determining properties for stormwater drainage projects to control existing or anticipated runoff which are set forth in the city capital improvement program.

(2)

The total cost of the project will be funded with capital improvement funds as well as available federal grants and other revenue sources providing all permanent and temporary easements for the improvement, including access to drainage control structures and facilities shall be dedicated to the city.

(c)

Create a benefit district.

(1)

Whenever temporary or permanent easements are not dedicated to the city, for stormwater drainage improvement the city council may create a benefit district as provided in current state statutes, and designate an equitable portion of the project cost or cost to acquire easements be assessed to the owners of lots or tracts of land abutting the improvement who failed or refused to dedicate or convey required easements.

(2)

A benefit district may also be created by a valid petition signed by 51 percent (or as provided in current state statutes) of the property owners within the affected areas requesting stormwater drainage improvements.

(3)

When a benefit district is created the city council may designate funding the city's share of the cost with capital improvement funds or by general budget, federal, state, or county grants or other revenue sources, or authorize the issuance of general obligation bonds.

(Code 1967, ch. 7, art. I, § 7-10; Ord. No. 1400, § 1, 3-26-2001)