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1. Creation. The city council hereby creates and establishes a storm water utility as part of the city's overall sewer system. The storm water utility shall plan, design, construct, maintain, administer and operate the city's storm water system.

2. Enterprise fund. The city council may establish a storm water utility enterprise fund. Once established, all fees collected shall be deposited in the fund and the fund shall only be used to pay expenses related to the construction, maintenance and operation of the storm water utility. After establishment, any storm water fees collected shall not be commingled with or transferred to other city funds. However, the storm water utility may pay other city funds for services and expenses directly attributable to the storm water utility. The enterprise fund shall be operated according to State law and city policy.

3. Facilities and assets. Once established as an enterprise fund, the storm water utility shall operate independently of city operations funded by the general fund. The storm water utility shall have the same relationship to the city as other city utilities, such as the water utility and the sanitary sewer (waste water) utility. Upon creation of the utility, all of the city's storm water facilities and assets shall be transferred to the storm water utility in consideration for the storm water utility's agreement to take primary responsibility for planning, designing, constructing, maintaining, administering and operating the city's storm water system.

4. Administration. The storm water utility shall be administered by the city's public works director. (Ord. 97-14, adopted, 1997)