(1) Creation. By Resolution Number 1991-38 of the Provo City Municipal Council the Storm Water Service District was created, herein referred to as the storm water utility. The storm water utility shall plan, design, construct, maintain, administer, operate, and obtain necessary State and Federal permits for the City’s storm drainage system.

(2) Purpose. The storm water utility shall be responsible for storm water management throughout the City’s corporate limits, and shall provide for the conservation, management, protection, control, regulation, use, and enhancement of storm water quality through acquisition, management, maintenance, extension, and improvement of the public storm water system to collect, control, convey, store, detain, retain, recharge, and treat storm water and through regulation of storm water management systems on public and private property. It shall be the long-term objective of the City to provide a comparable and consistent level of storm water service to similarly situated properties throughout the City.

(3) Enterprise Fund. By Resolution Number 1992-01 of the Provo City Municipal Council the Storm Water Service District Special Enterprise Fund was established to be used solely for the independent and separate accounting of all revenues, expenditures, assets and liabilities, earnings and obligations of the Storm Water Special Service District. Unless otherwise specifically authorized by the Municipal Council, the revenues and other assets of the District shall be used only for the conservation, management, protection, control, regulation, use, and enhancement of storm water in the City and the acquisition, management, maintenance, extension, and improvement of public and private storm water systems, facilities, and activities related thereto. The enterprise fund shall be operated according to Utah State law and City policy.

(4) Limitations of the City’s Storm Water System. The City’s storm water system shall be limited to those drainage facilities within Provo City which are located on property owned by Provo City, in public streets, rights-of-way, and easements and those subject to rights of entry, rights of use, and those within privately owned roads, which roads: (a) meet the City’s design standards; (b) are commonly available for use by the general public without restriction or limitation; and (c) are subject to an easement which allows adequate access for the operation and maintenance of the system. Storm water systems located on private property and public properties not owned by Provo City and which are not subject to public dedication of the facilities, easements, and/or rights of entry or use shall be and remain the responsibility of the property owner, except as responsibility may be affected by the laws of the State of Utah and the United States of America.

(5) Administration. The storm water utility shall be administered by the Public Works Director or the Director’s designee.

(6) Funding. It shall be the policy of the City that funding for the storm water utility be equitably derived through methods which have a demonstrable relationship to the varied demands imposed on the storm water system and programs, and/or the level of service provided, and/or benefits realized as a result of the provision of adequate storm water management services and facilities. Service charges for storm water management shall be fair and reasonable, and shall bear a substantial relationship to the cost of providing services and facilities may include operating, capital improvement, and reserve expenses, and may consider management requirements for storm water quality as well as storm water quantity. Similarly situated properties shall pay similar charges. Service charge rates shall be designed to be consistent and coordinated with the City’s use of other storm water management funding mechanisms, including but not limited to plan review and inspection, fees, special fees for services, fees in-lieu of regulatory requirements, impact fees, system development charges, and special assessments so as to accomplish the City’s overall objective of equitable storm water management funding.