§ 40-515. Findings.

The City of Cornelia Mayor and City Commission make the following findings of fact:

(1)

The City of Cornelia, Georgia (hereinafter "the city" or "Cornelia") is authorized by the Georgia Constitution of 1983, including, without limitation, Article IX, Section II, Paragraphs I and III thereof and O.C.G.A. § 36-82-62 to provide stormwater management services, systems and facilities throughout the corporate boundaries of the city.

(2)

In order to protect the health, safety and welfare of the public, the governing authority of Cornelia hereby exercises its authority to establish a stormwater utility enterprise fund and establish rates for stormwater management services.

(3)

A system for the collection, conveyance, storage, treatment and disposal of stormwater provides services to all properties within the cityand surrounding areas.

(4)

In promulgating the regulations contained in this section, Cornelia is acting pursuant to authority granted by the Constitution and laws of the State of Georgia and its City Charter to provide for stormwater collection and disposal.

(5)

Improper management of stormwater runoff:

a.

May cause erosion of lands, threaten businesses and residences, and other facilities with water damage and may environmentally impair the rivers, streams and other bodies of water within and downstream of the city.

b.

Can adversely affect the operations of the sanitary sewer system operated by the City of Cornelia thereby increasing the likelihood of infiltration and inflow into the sanitary sewer system.

c.

Contributes to the potential degradation of both the surface water and groundwater quality in area waterbodies.

(6)

The city presently owns and operates stormwater management systems and facilities, which have been developed over many years. The future usefulness and operational function of the existing stormwater management systems and facilities owned and operated by the city, and the additions and improvements thereto, rests on the ability of the city to effectively manage, protect, control, regulate, use, and enhance stormwater systems and facilities within the city in concert with the management of other water resources within the city. In order to do so, the city must have both a comprehensive stormwater management program as well as an adequate and stable funding source for its comprehensive program operation and drainage-related capital improvement needs.

(7)

The city desires to provide enhanced management of stormwater runoff quality and quantity to mitigate the impacts of pollution and flooding which may impact the public municipal separate storm sewer system (MS4), private property and downstream receiving waters of the State of Georgia and/or United States. Therefore, it is appropriate for the city to establish a stormwater utility and impose a stormwater user fee charge upon all improved properties that may discharge, directly or indirectly, into the public MS4 and stormwater conveyance system, whether the property is private or public in nature.

(8)

Compliance with the obligations of the city stormwater program activities will affect the cost of providing stormwater management services, systems and facilities above what is currently being spent for water quality management, drainage system maintenance, flood control and other program activities.

(9)

The cost of operating and maintaining the city's stormwater management system and financing necessary repairs, replacements, improvements and extensions thereof should, to the extent practicable, be allocated in relationship to the services received from the system.

(10)

The professional engineering analysis and related documents prepared by the city's consulting stormwater experts properly assesses and defines the city's stormwater management program problems, needs, goals, priorities as well as the stormwater management program funding strategy.

(11)

Given the stormwater management program problems, needs, goals, priorities and funding strategy identified in the aforementioned professional engineering and financing analysis, it is appropriate to authorize the formation of an organizational and accounting entity dedicated specifically to the management, maintenance, protection, control, regulation, use, and enhancement of stormwater management services, systems and facilities within the city in concert with other water resource management programs.

(12)

Stormwater management is applicable and needed throughout the incorporated areas of the city. While specific service and facility demands may differ from area to area at any given point in time, a stormwater management system and service area encompassing all lands and water bodies within the incorporated areas of the city is consistent with the present and future needs of the community.

(13)

Provision of stormwater management services renders and/or results in both a service to customers and at least some benefit to all properties, property owners, citizens, and residents of the city, although the benefits may be indirect or immeasurable.

(14)

The stormwater management services rendered may differ depending on many factors and considerations, including but not limited to location, demands and impacts imposed on the stormwater management systems and programs, and risk exposure. It is practical and equitable to allocate the cost of stormwater management among the owners of improved properties in proportion to the long term demands the properties impose on the city's stormwater management services which result in services to such properties and the owners thereof.

(15)

A stormwater management program (hereinafter "SWMP") provides the most practical and appropriate means of properly delivering stormwater management services throughout the city, and the most equitable means to regulate the use of a higher level of stormwater management services within the city through stormwater user fee charges, user fees and other mechanisms.

(16)

The area of impervious surfaces on each improved property is the most important factor influencing the cost of the stormwater management services provided by the city or to be provided by the city in the future, and the area of impervious surfaces on each property is therefore the most appropriate parameter for calculating a periodic stormwater user fee charge.

(17)

A schedule of stormwater utility user fee charges based in part on the area of impervious surface located on each improved property is the most appropriate and equitable means of allocating the cost of stormwater management services throughout the city. Such user fee charges may be complemented by other types of charges which address specific needs, including, but not limited to, special service fees, special assessments, revenue bonds, use of proceeds from special purpose local option sales taxes and other forms of revenue, as deemed appropriate by the mayor and city commission.

(18)

The existence of privately owned and maintained on-site or off-site systems, facilities, activities or assets which reduce or otherwise mitigate the impact of a particular property on the city's SWMP, and the stormwater utility's cost of providing stormwater management services and/or stormwater management systems and facilities, should be taken into account to reduce the user fee charge on that property either in the form of a direct reduction or a credit, and such reduction or credit should be conditioned upon continuing provision of such services, systems, facilities, activities or assets in a manner complying with the standards and codes as determined by the stormwater utility manager. Reductions or credits for privately owned and maintained stormwater management systems, facilities, activities or assets shall be generally proportional to the affect that such systems have on the peak rate of runoff from the property.

(19)

It is imperative that the proceeds from all user fee charges for stormwater management services, systems or facilities, together with any other revenues raised or otherwise allocated specifically to stormwater management services, systems or facilities, be dedicated solely to those purposes, and such proceeds of user fee charges and revenues shall therefore be deposited into the enterprise accounting fund of the city stormwater utility and shall remain in that fund and be dispersed only for stormwater management capital, operating and non-operating costs, lease payments and debt service of bonds or other indebtedness for stormwater management purposes.

(Ord. No. 09-16-01, 10-4-2016)