AN ORDINANCE ESTABLISHING A STORMWATER UTILITY AND DELEGATING RESPONSIBILITY OF SAID UTILITY TO THE MORGANTOWN UTILITY BOARD.

 

 

WHEREAS,            the West Virginia Legislature amended sections 8-20-1 et seq. and 16-13-1 et seq. of the West Virginia Code in 2001 so as to authorize municipalities to include the operation and management of stormwater systems as part of a municipal combined waterworks and sewerage system.

 

WHEREAS,            there is a public need to protect life, property and the water environment from loss, injury and damage caused by storm and surface water, and a responsibility of the City as a trustee of the water environment for future generations; and,

 

WHEREAS,            there is a public need to establish a single authority for planning, acquisition, improvement, construction, inspection, development, installation, modification, management, operation, maintenance, repair, replacement, control, demolition, abandonment, regulation and funding of storm and surface water drainage services, systems and facilities; and,

 

WHEREAS,            it is in the public interest to transfer all storm, flood and surface water drainage responsibility, management, interest and authority to the Morgantown Utility Board and empower and authorize and approve the Utility Board in providing storm, flood and surface water drainage services to all real property located within the corporate limits of the City of Morgantown and in its adjacent watershed drainage area, as now or in the future may exist, and for the Utility Board to charge service fees for storm, flood and surface drainage services rendered by the Utility Board; and,

 

NOW, THEREFORE, the City of Morgantown hereby ordains that:

 

                1.  There is hereby established the Morgantown Stormwater Utility.  This utility shall serve the Morgantown urban watershed, which shall include all areas within the corporate boundaries of the City of Morgantown and all adjacent and contiguous areas over and through which surface and stormwater flows into the City of Morgantown. The Stormwater Utility shall provide storm, flood and surface water drainage management services to all real property located within the Morgantown urban watershed.

                2.  The Morgantown Stormwater Utility shall protect, to the greatest extent practicable, life, property and the water environment from loss, injury and damage by pollution, erosion, flooding, and other potential hazards, whether from natural causes or from human activity, and shall protect, to the greatest extent practicable, surface waters and receiving waters from pollution, mechanical damage, excessive flows, and other conditions which degrade the water environment, reduce recharging of groundwater, or endanger aquatic and benthic life within the Morgantown urban watershed and other receiving waters of the State.  The Morgantown Stormwater Utility shall further meet the requirements of state and federal law and the City’s municipal stormwater NPDES permit.

 

                3.  The Morgantown Stormwater Utility is authorized to plan, acquire, improve, construct, inspect, develop, install, modify, manage, operate, maintain, replace, control, demolish, abandon, regulate, and fund storm and surface water drainage services, system and facilities within the urban watershed.  The Utility is further authorized to acquire property and/or rights in land by gift, purchase, lease, or exercise of the right of eminent domain, to construct, to reconstruct, to improve, to better and to extend stormwater and flood management facilities within the City watershed.  The Utility is further authorized to charge and collect rates and fees for these services, which rates and fees shall be determined by the Council of the City of Morgantown.  The Utility is further authorized to accept federal funds under any federal law for actions preliminary to construction/reconstruction or construction/reconstruction of stormwater and flood management facilities.

 

                4.  The Morgantown Stormwater Utility is authorized, in anticipation of the collection of revenues of and from stormwater facilities, to issue revenue bonds to finance in whole or in part the cost of acquisition, construction, reconstruction, improvement, betterment or extension of such facilities, and to pledge punctual payment of said bonds and interest thereon all or any part of the revenues of the Utility.

 

 

                5.  The Morgantown Stormwater Utility may enter into and perform contracts and agreements with other governmental entities, utility enterprises and private parties for or concerning the planning, construction, lease or other acquisition and the financing of stormwater and flood management facilities and the maintenance and operation thereof.

 

                6.  Fees and charges for stormwater management services shall be subject to review, approval and enactment by the Morgantown City Council, pursuant to the Morgantown City Charter and the City Code of the City of Morgantown and the duly enacted operating procedures of City Council.  Enacted rates and fees shall be sufficient to fully fund the operation of the Morgantown Stormwater Utility.  Collected rates and fees shall be solely for the operation of the Stormwater Utility.

 

                7.  Article 169, of the Morgantown City Code shall be amended to authorize the Morgantown Utility Board to operate and maintain the stormwater collection system.

 

                8.  A new Article 929 shall be added to the streets, utilities, and public services code of the City of Morgantown which shall address applicable stormwater management rules and regulations, as well as applicable service fees.

 

                9.  All power and authority possessed by the City of Morgantown pertaining to public flood control and storm and surface water drainage services and operation of the Stormwater Utility is hereby transferred to the Morgantown Utility Board.  The appointed General Manager of the Utility Board shall serve as Director of the Morgantown Stormwater Utility. 

 

                10.  All storm and surface water drainage systems or facilities owned or controlled by the City of Morgantown, and revenues raised for the purpose of or pertaining to public flood control and storm and surface water drainage services and operation of the Stormwater Utility, are to be collected and/or managed by the Morgantown Utility Board. The Utility Board shall, no less than annually, present to the City Council a budget and audited financial statements of the Stormwater Utility.

 

This ordinance shall take effect upon date of adoption.

 

FIRST READING:

 

 

ADOPTED:                                                                                           ________________________

                                                                                                                                Mayor

 

FILED:

 

 

RECORDED:                                                                                         ________________________

                                                                                                                                City Clerk