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CITY OF LINO LAKES ORDINANCE NO. 09 -10 AN ORDINANCE ESTABLISHING A STORM WATER UTILITY IN THE CITY OF LINO LAKES The City Council of the City of Lino Lakes hereby ordains: Section 1. Chapter 404 of the City Code is hereby established as follows: § 404.01 GENERAL OPERATION (1) The City of Lino Lakes storm water system shall be operated as a public utility (hereinafter called the "Storm Water Utility" or "Utility "), pursuant to Minnesota Statute Section 444.075, from which revenues will be derived subject to the provisions of this Chapter and Minnesota Statutes. (2) The storm water system consists of lift stations, catch basins and manholes, collection piping, forcemain, storage tanks and ponds, structural and non - structural BMP's (Best Management Practices), and associated appurtenances located within public right -of -way and /or dedicated easements. (3) The Storm Water Utility shall fund the operation, maintenance, repair, and replacement of the storm water system. (4) The Storm Water Utility shall not be used to fund expansion of the system to accommodate new development. (5) The city shall, as part of its annual budget process, adopt an operating budget for the Storm Water Utility for the next fiscal year. The operating budget shall be prepared in conformance with the state budget law, city policy, and generally accepted accounting practices. § 404.02 DEFINITIONS Utility Factor. The ratio of runoff volume, in inches, for a particular land use, to the runoff volume, in inches for an average single - family residential, assuming a 2 -inch rainfall and Natural Resources Conservation Services (NRCS) "Type B" soil conditions. Storm Water Utility Fee. The annual charge developed for each parcel of land. The fee will be billed quarterly for properties that currently pay for City sanitary sewer and /or water. The fee will be billed annually for properties that do not have City sanitary sewer and /or water.