City of Mission, KS
Johnson County
By using eCode360 you agree to be legally bound by the Terms of Use. If you do not agree to the Terms of Use, please do not use eCode360.
Table of Contents
Table of Contents

Section 700.010 Exemption From Certain Statutes. [1]

[Charter Ord. No. 12 §1, 2-25-2004]
The City of Mission, Kansas (the "City"), by virtue of the powers vested in it by Article 12, Section 5, of the Constitution of the State of Kansas, hereby elects to exempt itself and make inapplicable to it Sections 12-3101, 12-3102, 12-3103, 12-3104, 12-3105, 12-3106 and 12-3107 of the Kansas Statutes Annotated, which apply to the City, acting as a City of the second class and which are not uniformly applicable to all cities and the City hereby provides further substitute and additional provisions as set forth herein.
[1]
Cross Reference — Also see §700.015(A).

Section 700.015 Establishment, Funding and Administration of Storm Drainage Districts.

[Charter Ord. No. 20 §§1 — 5, 7-16-2008]
A. 
Exemption From Certain Statutes. The City, by the power vested in it by Article 12, Section 5 of the Constitution of the State of Kansas, hereby elects to exempt itself from and make inapplicable to it the provisions of K.S.A. 13-10,128 through 13-10,133 and provide substitute and additional provisions as hereinafter set forth in this Charter Ordinance. Such referenced provisions are either enactments or a part thereof which are applicable to the City but are not applicable uniformly to all Cities.
B. 
Drainage District Creation. The Governing Body of the City may create storm drainage districts by an ordinance of the City. Each such ordinance shall designate the district by appropriate name or number, define and fix the boundaries of the district, contain a map showing the location of the same and shall be published once in the official City newspaper. A certified copy of such ordinance shall be filed in the office of the County Clerk and the Register of Deeds of Johnson County.
C. 
Authorization Of Projects. After the creation of storm drainage district by the City, the Governing Body of the City may by subsequent resolution authorize certain storm drainage projects (the "projects") for:
1. 
Construction, reconstruction, repairing or maintenance of storm sewers and drains within such storm drainage district; and/or
2. 
Construction, reconstruction, repairing or maintenance of storm sewers and drains within the watershed in the City that contributes to the storm drainage flowing into and/or out of such storm drainage district.
D. 
Method Of Financing.
1. 
In order to provide funds to finance the costs of the projects and the construction, reconstruction, repairing or maintenance of the projects, the City is authorized to levy an annual property tax on all the property within a storm drainage district (the "property tax"). The property tax levy shall be set annually by the City by inclusion of the property tax levy for the following year within the adopted City budget.
2. 
The costs of the projects and the construction, reconstruction, repairing or maintenance of the projects may be financed by general obligation notes or bonds issued by the City in accordance with the general bond law and payable from the property tax or by the City at large or by a combination thereof.
E. 
Segregation Of Property Tax Revenues. All revenues derived from the collection of the property tax shall be deposited into a special fund of the City for each storm drainage district. Such revenues shall be used to pay the costs of the projects, the repair and maintenance of the projects, and/or to repay any general obligation notes or bonds issued by the City and related expenses in connection with such storm drainage district.

Section 700.020 Definitions.

[Charter Ord. No. 12 §2, 2-25-2004; Ord. No. 1271 §1, 8-20-2008]
For the purpose of this Chapter, the following words and phrases shall have the meaning ascribed to them in this Section:
PERSON
Any person, firm, corporation, association, partnership, political unit or organization.
RESIDENTIAL DEVELOPED PROPERTY
Real property with one (1) or more residential units.
SEWER, SEWER SYSTEM AND SEWER SYSTEMS
Surface water and storm sewers that exist at the time this Chapter is adopted or that are hereafter established and all appurtenances necessary in the maintenance, operation, regulation and improvement of the same, including, but not limited to, pumping stations; enclosed storm sewers; outfall sewers; surface drains; street, curb and alley improvements associated with storm or surface water improvements; natural and manmade wetlands; channels; ditches; rivers; streams; detention and retention facilities; and other flood control facilities and works for the collection, conveyance, pumping, treating, controlling, managing and disposing of water carried pollutants or storm or surface water.
STORM WATER CUSTOMER
The owner of any real property served, whether voluntarily or involuntarily, by the function of any Sewer, Sewer System or Sewer Systems which captures, controls, conveys, discharges, manages or regulates the flow or water quality of storm and surface waters within and from the City or is served by the administration, activities and operation of the Storm Water Management Program of the City. This service shall include, but not be limited to, capturing, controlling, conveying, discharging, improving, managing and regulating the flow and water quality of storm and surface water from a property or from other properties situated at higher or lower elevations that might otherwise be subservient in right, and the administrative, planning, technical, regulatory and enforcement actions necessary to provide those services.
STORM WATER MANAGEMENT PROGRAM
All aspects of work necessary to perform and provide storm and surface water services in the City, including, but not limited to, administration, planning, engineering, operations, maintenance, best management practices, control measures, public education, citizen participation, regulation and enforcement, protection and capital improvement of systems and facilities, plus such non-operating expenses as reserves and bond debt service coverage associated with provision of the Storm Water Management Program.

Section 700.030 Sewer Systems — Powers of The City.

[Charter Ord. No. 12 §3, 2-25-2004]
A. 
The City shall have all powers necessary or convenient to plan, study, design, alter, enlarge, extend, improve, construct, reconstruct, develop, redevelop, operate, maintain, protect, manage and regulate and enforce the proper use of a Sewer System or Sewer Systems, including the powers that the City may, from time to time, establish by way of ordinances and/or resolutions adopted by the Governing Body of the City and including, but not by way of limitation, the following powers:
1. 
To impose service fees on Storm Water Customers. The method of calculating and fixing these service fees shall be as established by ordinary ordinances or by rules and regulations heretofore or hereafter adopted;
2. 
To provide that service fees authorized in Subparagraph (1) above may be certified by the City Clerk to the County Clerk of Johnson County, Kansas, to be placed on the tax roll for collection, subject to the same penalties and to be collected in like manner as taxes;
3. 
To use the proceeds of the service fees authorized in Subparagraph (1) above, together with any other available revenues, to pay the costs of the Storm Water Management Program, including, but not limited to, the costs to plan, study, design, engineer and operate the Storm Water Management Program and to plan, study, design, engineer, alter, enlarge, extend, improve, construct, reconstruct, develop, redevelop, operate, maintain, manage, protect, acquire real or personal property by purchase, lease, donation, condemnation or otherwise for, and regulate and enforce the use of a Sewer System or Sewer Systems;
4. 
To use and to pledge the proceeds of the service fees authorized in Subparagraph (1) above and any available taxes to pay the principal and interest on general obligation or revenue bonds heretofore or hereafter issued; and pending the issuance of the general obligation bonds or revenue bonds to issue temporary financing for these purposes;
5. 
To contract with agencies of the Federal government, the State of Kansas, other States, Counties, Cities, drainage districts, public bodies of the State or other States, or with any person to jointly plan, study, design, alter, enlarge, extend, improve, construct, reconstruct, develop, redevelop, operate, maintain, protect, acquire real or personal property by purchase, lease, donation, condemnation or otherwise for a Sewer System or Sewer Systems; regulate the use of a Sewer System or Sewer Systems; and to plan, study, design, engineer, operate, administer, maintain, and manage the Storm Water Management Program;
6. 
To contract with agencies of the Federal government, State of Kansas, other States, Counties, Cities, drainage districts, public bodies of the State, or other States, or with any person for receiving and treating storm or surface water from outside the limits of the City.
7. 
To carry out the Storm Water Management Program, including, but not limited to, the power to plan, study, engineer, design, administer, manage, maintain and operate the Storm Water Management Program and to plan, study, design, engineer, alter, enlarge, extend, improve, construct, reconstruct, develop, redevelop, operate, maintain, manage, protect, acquire real or personal property by purchase, lease, donation, condemnation or otherwise for and regulate the use of Sewer System or Sewer Systems within or outside the City;
8. 
To borrow money and to apply for and accept advances, loans, grants, contributions or any other form of financial assistance from the Federal government, the State of Kansas, other States, Counties, Cities, drainage districts or any other public body for the purposes of this Act, and the City may, when contracting with the Federal government for financial assistance, include in any contract the conditions imposed pursuant to Federal law as the City may deem reasonable and appropriate;
9. 
To, under the authority granted herein, establish a storm and surface water utility to be accounted for as a separate enterprise fund or special revenue fund of the City, as deemed reasonable and appropriate by the Governing Body of the City; and
10. 
To utilize any mechanism deemed reasonable and appropriate by the Governing Body of the City to deliver billings to Storm Water Customers for services.

Section 700.040 Rules and Regulations Authorized — Billing and Collection of Service Fees.

[Charter Ord. No. 12 §4, 2-25-2004]
The City shall have the power by ordinance or resolution to adopt rules and regulations that shall relate to the management and operation of its Storm Water Management Program and Sewer System or Sewer Systems; the method of calculating and fixing the service fees applicable to properties served by the Sewer System or Sewer Systems or activities associated therewith; security for the payment thereof, and methods and rules of collection; and the disposition of the revenue therefrom. In the event any person by the City's Sewer System or Sewer Systems shall neglect, fail or refuse to pay service fees fixed by the Governing Body of the City, as authorized by rules and regulations adopted under the authority of this Section and if a billing system has been established for the delivery and collection of service fees, the City may take any action authorized by law to collect any fees that are due and owing. )

Section 700.050 Issuance of Sewer System Revenue Bonds — Requirements.

[Charter Ord. No. 12 §5, 2-25-2004]
A. 
The Governing Body of the City shall have the power to issue revenue bonds from time to time in its discretion, without an election, to finance the planning, altering, enlarging, extending, improving, constructing and reconstructing of a Sewer System or Sewer Systems under this Chapter. Such bonds shall be made payable, as to both principal and interest, solely from the income, proceeds, revenues and funds of the City derived from or held in connection with its Sewer System or Sewer Systems; provided however, that payment of such bonds, both as to principal and interest, may be further secured by a pledge of any loan, grant or contribution from the Federal government.
B. 
Bonds issued under this Section shall constitute an indebtedness within the meaning of any constitutional or statutory debt limitation or restriction and shall not be subject to the provisions of any other law relating to the authorization, issuance or sale of bonds. Bonds issued under the provisions of this Chapter are declared to be issued for an essential public and governmental purpose and, together with interest thereon and income therefrom, shall be exempted from all taxes.
C. 
Bonds issued under this Section shall not be authorized by ordinance or resolution of the Governing Body and may be issued in one (1) or more series and shall bear such date or dates, be payable on demand or mature at such time or times, bear interest at such rate or rates, not exceeding the maximum rate of interest prescribed by K.S.A. 10-1009, be in such denomination or denominations, be in such form, have such rank or priority, be executed in such manner and be subject to such terms of redemption (with or without premium), be secured in such manner and have such other characteristics as may be provided by such ordinance or resolution issued pursuant thereto.

Section 700.060 Powers Supplemental and Additional.

[Charter Ord. No. 12 §6, 2-25-2004]
The power granted herein with respect to the Storm Water Management Program, including, but not limited to, the power to plan, study, design, engineer, alter, enlarge, extend, improve, construct, reconstruct, develop, redevelop, operate, maintain, manage, protect, acquire real or personal property by purchase, lease, donation, condemnation or otherwise for, and regulate the use of a Sewer System or Sewer Systems and to issue bonds shall be supplemental to and not amendatory of the provisions of all other laws heretofore or hereafter in force and shall not be construed to limit the City's authority under the provisions of any other laws.

Section 700.070 Definitions.

[Ord. No. 1125 §1, 8-25-2004]
In addition to the words, terms and phrases elsewhere defined in this Article, the following words, terms and phrases as used in this Article shall have the following meanings:
BONDS
Revenue or general obligation bonds or notes heretofore or hereafter issued to finance the costs of improvements.
BUILDING PERMIT
A permit issued by the Building Official that permits construction on a structure.
CERTIFICATE OF OCCUPANCY
A certificate issued by the Building Official that permits a newly constructed or a new addition to a residential developed property or non-residential developed property to be occupied.
CITY
City of Mission, Kansas.
CITY COUNCIL
Governing body of the City.
And Regulation Of Sewer Systems
COSTS OF CAPITAL IMPROVEMENT
Costs incurred in providing capital improvements to the storm water management system or any portion thereof including, without limitation, professional services and studies connected thereto; payment of principal and interest on bonds heretofore or hereafter issued, including payment of delinquencies of principal and interest due on bonds that are otherwise payable from special assessments; studies related to the operation of the system; and the costs of the storm water management service fee study performed heretofore in relation to establishing storm water management service fees for the storm water utility and other start up costs of the storm water utility; costs related to the National Pollution Discharge Elimination System Permit study, application and implementation as mandated by Federal laws and regulations; and costs associated with purchasing equipment, computers, furniture, etc., that are necessary for the operation of the utility.
DEBT SERVICE
An amount equal to the sum of (i) all interest payable on bonds during a fiscal year, plus (ii) any principal installments payable on the bonds during such Fiscal Year.
DEVELOPED PROPERTY
Real property, other than undisturbed property.
DIRECTOR
The person appointed by the City Administrator to be the director of the City's Public Works Department or his/her designee.
RESIDENTIAL UNIT
One (1) or more rooms designed, used or intended for occupancy as separate living quarters for one (1) family, with a kitchen plus sleeping and sanitary facilities in a single-family, duplex, multi-family or condominium residential property.
EQUIVALENT RESIDENTIAL UNIT (ERU)
Is a unit of measure that is equal to the average impervious area of single-family residential developed property within a single-family detached residential unit located thereon within the City's limits, as established by City Council resolution or ordinance, as provided for herein.
EQUIVALENT RESIDENTIAL UNIT RATE or "ERU rate"
A storm water management service fee charged on each ERU as established by City Council resolution or ordinance, as provided herein.
EXEMPT PROPERTY
Public rights-of-way, public trails, public streets, public alleys and public sidewalks, and also means public lands and/or easements upon which publicly owned and maintained storm water management system facilities are constructed.
EXTENSION AND REPLACEMENT
Costs of extensions, additions and capital improvements in, or the renewal and replacement of capital units of, or purchasing and installing of equipment for, the storm water management system, or land acquisition for the storm water management system and any related costs thereto, or paying extraordinary maintenance and repairs, including the costs of capital improvements or any other expense that is not costs of operation and maintenance or debt service.
FISCAL YEAR
A twelve (12) month period commencing on the first (1st) day of January of any year.
IMPERVIOUS AREA
The number of square feet of hard surface areas that either prevent or retard the entry of water into the soil matrix, as it entered under natural conditions as undisturbed property, and/or causes water to run off the surface in greater quantities or at an increased rate of flow from that present under natural conditions as undisturbed property, including, but not limited to, roofs, roof extensions, driveways, pavement and athletic courts.
NON-RESIDENTIAL DEVELOPED PROPERTY
Developed property other than residential developed property.
OPERATING BUDGET
The annual storm water utility operating budget adopted by the City for the succeeding fiscal year.
OPERATIONS AND MAINTENANCE
Without limitation the current expenses, paid or secured, of operation, maintenance and repair and replacement of the system, as calculated in accordance with sound accounting practice, and includes, without limiting the generality of the foregoing, insurance premiums, administrative expenses, equipment costs, labor costs, and the cost of materials and supplies used for current operations.
PUBLIC STORM WATER MANAGEMENT SYSTEM
All elements of the storm water management system that have been officially dedicated to and accepted by the City.
RESIDENTIAL DEVELOPED PROPERTY
Developed property used for single-family detached residential units and/or up to four (4) attached residential units.
REVENUES
All rates, fees, assessments, rentals or other charges or other income received by the storm water utility in connection with the management and operation of the storm water management system, including amounts received from the investment or deposit of monies in any fund or account, as calculated in accordance with sound accounting practices.
STORM WATER MANAGEMENT SERVICE FEE
A fee authorized by Article I of this Chapter (Charter Ord. No. 12), this Article and as set forth in resolution or ordinance heretofore or hereafter adopted or hereafter amended by the City Council that is established to pay operation and maintenance, extension and replacement and debt service associated with the storm water management system.
STORM WATER MANAGEMENT SYSTEM, SEWER SYSTEM OR SYSTEM
Storm sewers that exist at the time the ordinance codified in this Article is adopted or that are hereafter established and all appurtenances necessary in the maintaining and operating of the same, including, but not limited to pumping stations; enclosed storm sewers; outfall sewers; surface drains; street, curb and alley improvements associated with storm or surface water improvements; natural and manmade wetlands; channels; ditches; rivers; streams; wet and dry bottom basins; and other flood control facilities and works for the collection, transportation, conveyance, pumping, treatment, controlling, managing, and disposing storm or surface water or pollutants originating from or carried by storm or surface water.
STORM WATER UTILITY OR UTILITY
The utility created by this Article to operate, maintain and improve the storm water management system and for all other purposes, as set forth in this Article.
UNDISTURBED PROPERTY
Real property that has not been altered from its natural condition in a manner that disturbed or altered the topography or soils on the property to the degree that the entrance of water into the soil matrix is prevented or retarded.

Section 700.080 Creation of Storm Water Utility.

[Ord. No. 1125 §2, 8-25-2004]
Pursuant to the provisions of K.S.A. 12-3101, et seq., as modified by Article I of this Chapter and Charter Ordinance No. 12, the Mission City Council does establish a storm water utility and storm water management system and declares its intention to operate, construct, maintain and repair and replace the public storm water management system and operate the storm water utility.

Section 700.090 Findings and Determinations.

[Ord. No. 1125 §3, 8-25-2004]
It is found, determined, and declared that the elements of the storm water management system that provides for the collection, conveyance, detention/retention, treatment and release of storm water are of benefit and provide services to property within the incorporated City limits. The beneficiaries of the system include all real properties within the City that benefit by the provision, operation and improvement of the system. These benefits include, but are not limited to, the provision of adequate systems of collection, conveyance, detention/retention, treatment and release of storm water, the reduction of hazard to property and life resulting from storm water runoff, improvement in general health and welfare through reduction of undesirable storm water conditions, improvement to the water quality in the storm and surface water system and its receiving waters.

Section 700.100 Administration.

[Ord. No. 1125 §4, 8-25-2004]
A. 
The storm water utility, under the supervision of the Director, shall have the power to:
1. 
Administer the acquisition, design, construction, maintenance, operation, extension and replacement of the storm water management system, including real and personal property that is or will become a part of the system;
2. 
Administer and enforce this Article and all regulations, guidelines and procedures adopted relating to the design, construction, maintenance, operation and alteration of the storm water management system including, but not limited to, the flow rate, volume, quality and/or velocity of the storm water conveyed thereby;
3. 
Advise the City Council on matters relating to the storm water management system;
4. 
Review plans concerning creations, extensions and replacement of the storm water management system and make recommendations to the City Council related thereto;
5. 
Make recommendations to the City Council concerning the adoption of ordinances, resolutions, guidelines and regulations to protect and maintain water quality within the storm water management system in compliance with water quality standards established by State, County, Regional and/or Federal agencies, as now adopted or hereafter adopted or amended;
6. 
Analyze the cost of services and benefits provided by the storm water management system and the structure of fees, charges, fines and other revenues of the storm water utility annually; and
7. 
Administer programs established pursuant hereto or pursuant to ordinances, resolutions, regulations or guidelines hereafter adopted by the City Council that provide for credits and/or incentives that reduce storm water management service fees imposed against properties.

Section 700.110 Operating Budget.

[Ord. No. 1125 §5, 8-25-2004]
The City shall, as part of its annual budget process, adopt an operating budget for the storm water utility for the next following fiscal year. The operating budget shall be prepared in conformance with the State Budget Law, City Policy and general accepted accounting practices. The initial operating budget shall commence January 1, 2005, and ends December 31, 2005.

Section 700.120 Storm Water Management Service Fee.

[Ord. No. 1125 §6, 8-25-2004]
A. 
Service Fee Established. Subject to the provisions of this Article, there is imposed on each and every residential developed property and non-residential developed property, other than property that is not serviced by the storm water management system or exempt property, a storm water management service fee. This storm water management service fee shall be determined and set by the provisions of this Article in accordance with the ERU and ERU rate, which is established by ordinance or resolution of the City Council and which may be amended from time to time by the City Council.
B. 
Storm Water Management Service Fee For Residential Developed Property. The storm water management service fee for residential developed property shall be the ERU rate multiplied by the number of individual residential units existing on the property. In the event of a newly constructed residential unit, the charge for the storm water management service fee attributable to that residential unit shall commence upon the issuance of the building permit for that residential unit, or if construction is at least fifty percent (50%) complete and is halted for a period of three (3) months, then that residential unit shall be deemed complete and the storm water management service fee shall commence at the end of the three (3) month period.
C. 
Storm Water Management Service Fee For Non-Residential Developed Property.
1. 
The storm water management service fee for non-residential developed property shall be the ERU rate multiplied by the numerical factor calculated by dividing the total impervious area of a non-residential developed property by the number of square feet in one (1) ERU. The minimum storm water management service fee for any non-residential developed property shall be equal to one (1) ERU. In the event of newly developed non-residential property, the charge for the storm water management service fee attributable to that development shall commence upon the issuance of the building permit, or increase in the case of additional development to property that is already developed property, upon the issuance of the certificate of occupancy for that additional development, or in the event that no building permit or certificate of occupancy, as the case may be, will be issued for that development, or in the event development has halted, then on the date that the Director determines in reasonable judgment that the development is substantially complete or has been halted for at least three (3) months.
2. 
In the event of non-residential developed property with joint users of common impervious areas, the Director shall calculate and allocate the pro rata storm water management service fee among the users. Any owner user disagreeing with the Director's calculation or allocation may appeal such determination to the Director as provided in Section 700.130.
D. 
Residential Unit And Impervious Surface Calculation. The Director shall initially, and from time to time, determine the number of residential units located on residential developed property in order to establish the storm water management service fee provided by Subsection (B) of this Section. Non-residential developed property in the City shall have its square footage of impervious area calculated in order to establish the storm water management service fee provided by Subsection (C) of this Section. The Director shall make the initial calculation with respect to existing non-residential developed property and may from time to time change this calculation from the information and data deemed pertinent by the Director.

Section 700.130 Appeal Procedure.

[Ord. No. 1125 §7, 8-25-2004]
A. 
Persons disagreeing with the calculation of the storm water management user fee or with whether their property is served by the storm water utility or who believe they are entitled to a credit or to the continuation of a credit, may appeal the calculation or finding to the City Administrator. The appellant must file a written notice of appeal, including the basis of the appeal, with the City Clerk within thirty (30) days following distribution of Johnson County ad valorem tax bills. Non-residential property owners shall provide information including a land survey prepared by a registered surveyor showing total property area, type of surface material, and impervious area. Based on the information provided, the City Administrator shall make a determination as to whether the storm water management user fee should be adjusted or eliminated for the subject property. The City Administrator shall notify the appellant in writing of the decision.
B. 
A person shall have the right to appeal the decision of the City Administrator to the City Council. Such appeal shall be made within ten (10) days of the date of the City Administrator's written decision and shall be perfected in the same manner as the original appeal. The City Council shall consider the appeal and issue a written decision on the appeal within thirty (30) days of the receipt of the perfected appeal.
C. 
The burden of proof shall be on the appellant to demonstrate, by clear and convincing evidence, that the determination of the user fee is erroneous.
D. 
The filing of a notice of appeal shall not stay the imposition, calculation or duty to pay the fee. The appellant shall pay the storm water management user fee to Johnson County, Kansas stated in the billing. If either the City Administrator or the City Council determines that the appellant should not pay a fee, pay a fee amount less than the amount appealed, or receive a credit, the City shall issue a check to the appealing party in the appropriate amount within ten (10) days of the date of the applicable written decision.
E. 
The decision of the City Council shall be final and any further appeal of this decision shall be to the Tenth Judicial District Court of the State of Kansas by way of the provisions of K.S.A. 60-201 et seq.

Section 700.140 Storm Water Management Service Fee Collection.

[Ord. No. 1125 §8, 8-25-2004]
A. 
The storm water management service fee shall be billed and collected by Johnson County, Kansas. The storm water management service fee shall be shown as a separate item on the County's bi-annual ad valorem property tax statement, in accordance with the procedures established in an Inter-local Cooperation Agreement, pursuant to K.S.A. 12-2908, between the City and the County, as hereby authorized. The payment of storm water management service fee bills for any given property shall be the responsibility of the owner of the property provided service by the storm water management system.
B. 
Storm water management fees shall be subject to a penalty for late payment, which shall be the same as that imposed for late payment of ad valorem property taxes by the County, and, as and to the extent permitted by applicable law, shall be assessed, constitute a lien and be collected by the County in the same manner as late; charges are assessed and collected by the County for ad valorem property taxes, regardless of whether the storm water management service fees were incurred when a property owner was in possession of the property or a non-owner was in possession of the property.

Section 700.150 Storm Water Utility Enterprise Fund.

[Ord. No. 1125 §9, 8-25-2004]
Storm water management service fees collected by the City shall be paid into an enterprise fund that is created hereby and shall be known as the "storm water utility fund." This fund shall be used for the purpose of paying the creation, extension and replacement, operations and maintenance and debt service of the storm water management system and to carry out all other purposes of the utility.

Section 700.160 Eru Rate.

[Ord. No. 1125 §10, 8-25-2004]
The ERU and the ERU rate that is used to determine the charge for each residential developed property and non-residential developed property shall be as established in an ordinance or a resolution heretofore adopted or hereafter amended by the City Council, and as thereafter amended.