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WHEREAS, the City Council has determined that new development creates the need for <br />acquisition, construction, reconstruction, improvement, maintenance, operation and use of trunk <br />storm water facilities and regional ponding systems; and, <br />WHEREAS, the City Council has further determined that existing development fees are <br />inadequate to pay the costs of new trunk storm water facilities and regional ponding systems, and <br />payment by the City would require previously developed properties to be assessed for <br />improvements, the need for which is being generated primarily by new development rather than <br />existing development; and, <br />WHEREAS, these new trunk storm water improvements and regional ponding systems will <br />be acquired, constructed, operated, used and maintained in accordance with the City's <br />comprehensive storm water management plan; and, <br />WHEREAS, the City Council has considered the information, recommendations and <br />conclusions contained in the Storm Water Trunk Fee Justification Report dated May 1999, updated <br />March 2002, and does adopt it and any updates or addendums to it which may be approved by <br />future Resolution of the Council for purposes of setting storm water trunk and ponding fees. <br />NOW, THEREFORE, it is hereby ordained as follows: <br />Section 1. There is established and imposed in the City of Hugo a system of storm <br />water trunk and ponding (storage, treatment and infiltration) charges to be paid by any development <br />applicant developing land within the current and future MUSA area, including any extensions <br />thereto, at the time of any subdivision of land, redevelopment or expansion of a <br />commercial/industrial site which increases the impervious surface area by at least one-half (1/2) <br />acre or more than fifty percent (50%) of its existing impervious surface area. Storm water trunk <br />and ponding fees shall be set by Resolution of the City Council from time to time, and the <br />information recommendations and conclusions contained in the Trunk Storm Water Fee <br />Justification Report and any updates or addendums to it which are approved by future Resolution of <br />the Council are hereby adopted. <br />Section 2. This system of trunk and ponding fees shall be administered by the City's <br />engineering staff. <br />Section 3. Severabili. If any portion of this Ordinance is for any reason held invalid <br />or unconstitutional, such portion shall be deemed a separate, distinct, and independent provision, <br />and such holding shall not affect the validity of the remaining portions thereof. <br />Section 4. Effective bate. This Ordinance shall be in full force and effect from and <br />after its passage and publication according to law. <br />Rev. 03/28/02 <br />2 <br />