101: General Statement of Purpose
This policy, adopted by the Board of County Commissioners (Board) for the County Stormwater Management Program (Program), is intended to promote interlocal cooperation in stormwater management activities between the County Government and the Cities. This policy establishes a structure through which the County Government may provide financial and other assistance to the Cities and the County for planning, design, and construction of stormwater management projects to provide an adequate, safe, and integrated stormwater management system throughout the County and the neighboring communities.

Pursuant to Resolution No. 76-90, the Board created a Stormwater Management Advisory Council (SMAC) to identify and recommend projects to be funded by the Program. Annually, Program staff shall prepare and present to SMAC, and request a consideration for recommendation to the Board of the subsequent fiscal year's program and budget that is in accordance with the Program's Administrative Procedures. This annual program will be the basis for funding allocations.

Pursuant to Resolution No. 68-16 the Board adopted a Strategic Plan which aligns the Program with national trends and best practices in stormwater management. The Strategic Plan shifts the overall funding approach and project criteria to the watershed scale.

102: Application of Policy
This Policy shall be effective and shall apply from the date of its adoption to all actions of the Board which relate to the expenditure of funds from the Stormwater Management and Flood Control Fund for the planning or review, analysis, design, and construction of stormwater management projects and facilities.

Nothing contained in this Policy shall affect any agreement or authorization of expenditures that were approved and effective prior to the adoption of this Policy.

103: Board Responsibilities
The Board shall review, modify, and approve the annual program as recommended by SMAC to guide the subsequent fiscal year’s expenditures; define the terms, conditions, and qualifications of all agreements; and establish and authorize policies for the Program.

104: Policy and Administrative Procedures Review, Revision, and Authority
As necessary, the Board can review the Program’s Policy and may change or supplement the Policy as necessary. This Policy is adopted pursuant to the authority of the Board of County Commissioners under K.S.A. 19-101 and other statutory provisions.

The County Manager, under the direction and supervision of the Board, shall be responsible for establishing Administrative Procedures to ensure, to the extent practical, consistent administration of the Program. 
 

201: Eligible Participants
Any City located within Johnson County, having signed the Stormwater Management and Flood Control Agreement and the Watershed Organization Agreement(s) is eligible to participate with the Program. The County shall be eligible for funding of projects which are in the unincorporated areas of the County. The Program can fund projects which are associated with regional stormwater management activities and efforts.

202. Eligible Projects
Eligible projects must meet the criteria for Stormwater Management projects as defined in the Administrative Procedures. Funding for projects must be included in the annual Program budget.

301: Funding Sources
Without limiting the Board's authority to establish alternative or supplementary funding mechanisms, annual funding for the Program shall be provided through the levy of a County-wide, one-tenth of one percent sales tax to support Stormwater Management and Flood Control as provided by Resolution No. 38-90. The Program’s annual authorized expenditure shall not be more than the amount of revenue estimated to be derived from the County-wide sales tax, the associated compensating use tax, and all interest derived from the investment of stormwater management funds; any grants, contributions or fees associated with the Program; and any unused balance from prior years' annual program.

Funding for the Program will be contingent upon an annual budget appropriation by the Board, and all appropriations or authorization of expenditures shall be strictly contingent on the availability of funds to the County.

It is the general policy of the Board to establish and maintain the Program on a "pay-as-you-go" cash basis. However, if debt-financing or other alternative funding options can have a positive return-on-investment, then those options can be considered. The Board must take specific action for any funding scenarios that are not "pay-as-you-go".

302: Funding Participation
The Board may provide financial assistance for eligible Program projects, through agreements, for a percentage of the local share of estimated project costs. The participation percentage may be any amount but, in general, shall be (50%) for stormwater management projects. The eligible local share of such costs shall be defined in the Administrative Procedures.

To maintain project funding flexibility due to unforeseen costs of implementing projects, the Program shall have the authority to fund additional project costs in an amount not to exceed $100,000 total project cost, or 10% of the total project cost, whichever is greater.

In no event shall the Program be obligated to pay any amount which exceeds the authorized expenditure or budget appropriation or for which funds are not available to the County.

303: Use of Funds and Unexpended Funds
Funding provided for a stormwater management project through an Agreement shall be used to finance the study, planning, design, and construction of that specific project and for no other purpose. Any funds allocated for a project through an agreement, but which are not expended for eligible project costs shall accrue and be returned to the Program account to be reallocated to future projects. 

401: Program Administration
The Program Manager shall administer the Program in accordance with all applicable policies, procedures, and directives of the Board.

The Program Manager shall submit reports to the Board, when requested, concerning the status of all ongoing projects and the projected revenues and expenditures under the Program. The Program Manager shall coordinate with the Watershed Organizations to develop projects for consideration and meet with SMAC as required to discuss stormwater management related items and once each year to receive recommendations for the Board for the subsequent year’s Program and annual budget.

402: Agreements
Agreements between the Board and the participating cities, in the standard form and with the contents to be established by the Administrative Procedures, shall be executed for projects funded by the Program. The Program shall not participate in the funding of any project with a City for which an appropriate agreement has not been executed.

The Chairman of the Board of County Commissioners is authorized to execute agreements on behalf of the Board, without separate action or approval of the Board, for any approved project included in the annual program. Executed City/County agreements shall be filed with the Board and recorded in the Board's official Minutes and Journal.

403: Indemnification and Hold Harmless
The City administering any projects approved and authorized under the Program shall be designated the Project Administrator and shall agree to indemnify and hold the County and its officials and agents harmless for and from any cost, expense, or liability not expressly agreed to by the County, or which result from acts or omissions of the City, its contractors, or agents or from compliance with this Policy or the Administrative Procedures.