Ord 1999-055 - Laserfiche WebLink

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Sec. 86.506. Drainage utility fund. (a) A separate fund is establj~hed, knoWn as the drainage utility fund, for the purpose of identifying and controlling all revenues and expenses attributable to the drainage utility. All drainage charges collected by the city and other monies available to the city for the purpose of drainage will be deposited in the drainage utility fund. The revenues will be used for the purposes of the creation, operation, planning, engineering, inspection, construction, repair, maintenance, improvement, reconstruction, administration and other reasonable and customary charges associated with the operation of the drainage utility. It is not necessary that the expenses from the drainage utility fund for any authorized purpose specifically relate to any particular benefitted property from which the revenues were collected. (b) All drainage charges collected under this article will be used solely for creation, operation, planning, engineering, inspection, construction, repair, maintenance, improvement, reconstruction, administration and other reasonable and customary charges associated with the operation of the drainage utility unless otherwise directed by city council for other drainage and water quality purposes. In the event a portion of the drainage revenues is pledged to retire any outstanding indebtedness or obligation incurred, or asa reserve or amount in any contribution for future construction, repair or extension or maintenance of the utility assets, then the pledged portion of revenues may not be transferred to the general fund. (c) The city manager will provide an annual report of the drainage utility's revenues, expenses and programs to the city council. Sec. 86.507. Delinquent drainage charges; enforcement. Any drainage charge which is not paid when due may be recovered in an action at law by the city. In addition to other remedies or penalties provided by this article or state law, failure of a user of any utility within the service area to pay the drainage charges when due will subject the user to discontinuance of any other utility services provided by the city. Sec. 86.508. Administration; rules and regulations; appeals. (a) The director will be responsible for the administration of this article. The director will develop rules, regulations and procedures for the administration of drainage charges, develop maintenance programs, and establish drainage criteria and standards for operation of the drainage system. (b) Any user who disagrees with the land use category assigned to a property may submit a written request to the director for a revision of the category. A nonresidential user who disagrees with the determination ofERU' s assigned to the user's property may submit a written request to the director for a revision of the determination. Each request must inc1lJde the user's mailing address for notices, a description of the revision requested, whether a revision has previously been requested for the property and the reasons for the request. The director will forward the request to the drainage advisory board along with supporting information on the director's determination for the property. Only nonresidential users may appeal the determination ofERUs assigned to their properties. The board will conduct a hearing on the request within 20 days of the director's receipt of the request. (c) The director will notify the user of the board hearing by certified mail or confirmed facsimile transmission. The board will sustain the director's determination if it finds that the determination is supported by substantial evidence. The board may modify the director's determination if the board finds no substantial evidence supporting the determination. Disputed fact issues will be determined by a preponderance ofthe evidence. Notice of the board's decision will be sent to the user by certified mail or confirmed facsimile transmission, unless the user is present at the hearing. The user will be deemed to have received notice of the board's decision if the user is present at the hearing. (d) The user may appeal the decision of the drainage advisory board to the city council by filing a written request with the city secretary within 10 days of receipt of the board's decision. The DU07-12-99.wpd Page 5