§ 2-10-53. Findings and determinations.

It is hereby found, determined and declared, as follows, that:

(1)

All terms not otherwise defined in this section shall have the meaning ascribed to such terms in section 2-10-54 hereof.

(2)

As a means of complying with federal and state mandated goals and priorities relating to stormwater management, to facilitate the implementation of a stormwater drainage master plan, as required by the county's comprehensive growth management plan, and provide for the current and future needs of the county, with respect to collection, control and disposal of storm and other surface water within the areas to be serviced by the system, the board hereby finds it to be in the best interests of the county to combine the county's existing facilities and all property and equipment relating thereto presently owned and managed by the county, including, but not limited to, such storm sewers, drains, culverts, retention systems, detention basins, drainage wells, conduits and appurtenant features, catch basins, desilting facilities, recharging basins, outfall structures and all appurtenances, whether man-made or natural, necessary, useful or convenient for a unified stormwater management system.

(3)

Land use and development affecting a storm and surface water should be managed, regulated and controlled under the unified management of a county-wide system in accordance with the requirements of the act for the purpose of, among other things, flood control, reducing or controlling erosion, sedimentation and turbidity, and other pollution of water, danger and damage to life and property, and to protect and encourage the use of natural and efficient man-made means to these ends.

(4)

The establishment and operation of the system will serve a vital public purpose and promote the common interests, and provide for the health, safety and welfare of the citizens of the county.

(5)

Those elements of the system, which provide for the collection, storage, treatment and conveyance of stormwater, are of benefit and provide value to properties (except as otherwise provided by subsequent proceedings of the board) within the areas to be serviced by the system.

(6)

The cost of operating and maintaining the system and the financing and refinancing of existing and future necessary repairs, replacements, improvements, and extensions thereof should, to the extent practicable, be allocated in relationship to each property's estimated contribution of stormwater runoff to the system and the benefit derived from the use of the system.

(7)

It is the intent of the board that any stormwater management assessment, stormwater utility fee or other funding source be at least sufficient to partially fund the stormwater management system enterprise fund (hereby created and established) for the county.

(8)

The county is hereby authorized, either alone or in cooperation with other counties, municipalities and special districts, pursuant to the Interlocal Cooperation Act, Section 163.01, Florida Statutes, as amended and supplemented, or other applicable law to create one or more stormwater management system benefit areas.

(Ord. No. 91-25, § 3, 1-15-91)