(a)   The city shall, as a part of the city utility services, provide the resources and infrastructure to control the flow of ground and surface water within the city limits.

(b)   Such resources and infrastructure shall be funded by a drainage utility fund which is hereby established.

(Ord. 3384, § 1, 4-13-10, eff. 5-1-10; Code 2016, Sec. 94-315)

The administration and control by the city of ground and surface water drainage services shall be governed by the regulations set forth in this article.

(Ord. 3384, § 1, 4-13-10, eff. 5-1-10; Code 2016, Sec. 94-316)

To provide the resources necessary to fund such ground and surface water drainage services, a fee shall be assessed as follows:

(a)   A monthly fee of $2.00 shall be assessed to each city water utility customer, by assessing each electric meter for a residential or commercial use. Any additional meter at a residential location that is not for commercial or residential use shall not be assessed.

(b)   Such fee shall be included on the city’s monthly utility billing statement as a line item fee and shall be clearly identified as stormwater.

(c)   Such fee shall be added to all other utility charges set forth on the utility billing statement, and shall be billed and collected through the city’s utility billing office.

(d)   All stormwater fees collected shall be deposited to the general fund.

(e)   The assessment of the stormwater fee provided for herein shall not preclude the city from utilizing other revenue sources as may be deemed appropriate to adequately provide such ground and surface water drainage services.

(Ord. 3384, § 1, 4-13-10, eff. 5-1-10; Code 2016, Sec. 94-317)

The city shall be authorized to assess the costs associated with providing adequate and proper ground and surface water drainage services necessitated as a result of new developments or new construction within the city. The costs for such shall be assessed proportionately against the property owners directly benefitting from such new ground and surface water drainage services.

(Ord. 3384, § 1, 4-13-10, eff. 5-1-10; Code 2016, Sec. 94-318)

The city may, from time to time, hold public meetings to discuss and publicize designated flood plain or flood control areas within or adjacent to the city which, under federal regulations, may require certain types of flood insurance. The city shall have no responsibility or liability for any damage or loss to any property resulting from flooding caused by the accumulation of ground or surface water or from a flood event which has been declared by the State of Kansas as a natural disaster.

(Ord. 3384, § 1, 4-13-10, eff. 5-1-10; Code 2016, Sec. 94-319)