§ 70-5. Stormwater management utility.

(a)

There is hereby created and established, by the authority of F.S. § 403.0893 and the Charter of the city, a city-wide stormwater utility implementing the provisions of F.S. § 403.0893(1), which shall be named and known as the city stormwater management utility (hereinafter referred to as the stormwater utility).

(b)

The stormwater utility shall have all powers necessary for the exercise of its responsibility to collect and control stormwater runoff from all real properties within the city, including, but not necessarily limited to, the following:

(1)

Preparation of plans and permits for construction of stormwater collection and retention systems, or improvements to existing stormwater systems;

(2)

Construction of stormwater collection and retention systems, or improvements to existing stormwater systems;

(3)

Acquisition of real property for stormwater systems;

(4)

Promulgation of regulations for the use of the stormwater utility including provisions for enforcement of such regulations;

(5)

Review and approval of all new development permits within the city for compliance with stormwater management regulations included in present city ordinances or ordinances later adopted;

(6)

Inspection of private systems as necessary to determine the compliance of such systems with this chapter and any regulations adopted under this chapter;

(7)

Establishment of base, availability, usage and other charges for the city's stormwater management system;

(8)

Performance of utility functions necessary for operation, and maintenance of the city's stormwater management system, including monitoring, testing, and inspecting;

(9)

The hiring of engineering and surveying consultants;

(10)

Entering into contracts for services and construction of facilities;

(11)

Purchasing of equipment and materials utilized in the construction and operation of the stormwater collection and retention systems;

(12)

Issuance of revenue bonds for the purpose of performing those duties as described herein;

(13)

Costs of administration and implementation of the stormwater management program, including the establishment of reasonable personal services, operating and capital reserves to meet unanticipated or emergency stormwater management requirements; and

(14)

Costs of billing and accounting administration and overhead expenses.

(c)

The governing body of the stormwater utility shall be the city council.

(d)

The stormwater utility, acting through its city manager and governing body, shall be responsible for the operation, maintenance, and governance of a city-wide stormwater utility to plan, construct, operate and maintain stormwater management systems set forth in the local program required pursuant to F.S. § 403.0891(3).

(e)

The public works director shall be the director of the stormwater utility, and this chapter shall be implemented and enforced by the city manager or his designee.

(f)

The organization and operating procedures of the stormwater utility shall be prescribed by administrative orders and regulations of the city manager. The city manager shall appoint such employees as may be necessary to operate the stormwater utility. The compensation plan of all personnel of the stormwater utility shall be determined by the city council upon the recommendation of the city manager.

(Code 2001, § 79-5; Ord. No. O-18-2012, § 1, 1-8-2013)