Ord. No. 10-02-1778ORDINANCE NO. 10 -02 -1778
AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF
THE CITY OF SOUTH MIAMI, FLORIDA, RELATING TO THE
BUDGET, CONCERNING THE STORMWATER USER FEE RATE,
SETTING THE FEE RATE; PROVIDING FOR SEVERABILITY,
ORDINANCES IN CONFLICT, AND AN EFFECTIVE DATE.
WHEREAS, the City of South Miami established a Stonnwater Utility in October 2000 for the furtherance
of stormwater management goals throughout the City, and;
WHEREAS, Florida Statutes section 403 requires the City to establish a fee rate sufficient to plan, staff,
construct, operate and maintain a stormwater management system, and;
WHEREAS, the City's cost -share of Federal Emergency Management Agency (FEMA) funded canal
dredging expenses is projected to total in excess of $280,000.00, and;
WHEREAS, the City Manager recommends a Stormwater User Fee Rate of $4.50 per Equivalent
Residential Unit (ERU) per month to cover these upcoming expenses.
NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND CITY COMMISSION OF THE CITY
OF SOUTH MIAMI, FLORIDA:
Section 1. The Mayor and City Commission hereby sets the Stonnwater User Fee rate at $4.50 per
Equivalent Residential Unit (ERU) per month, as provided by ordinance 21 -00 -1723. These funds to be used for
stormwater purposes only.
Section 2. If any section, clause, sentence, or phrase of this ordinance is for any reason held invalid
or unconstitutional by a court of competent jurisdiction, the holding shall not affect the validity of the remaining
portions of this ordinance.
Section 3. All ordinances or parts of ordinances in conflict with the provisions of this ordinance are
repealed.
Section 4. This ordinance shall take effect immediately upon approved.
PASSED AND ADOPTED this 17 " day of September, 2002.
ATTEST:
CITY CLERK
I" Reading — September 3, 2002
2"" Reading — September 17, 2002 (as amended)
APPROVE
MAYCIR
COMMISSION VOTE:
5 -0
Mayor Robaina:
Yea
Vice Mayor Russell:
Yea
Commissioner Feliu:
Yea
Commissioner Bethel:
Yea
Commissioner Wiscombe:
Yea
Additions shown by underline and deletions shown by overstfikin g.
CITY OF SOUTH MIAMI
INTER - OFFICE MEMORANDUM
TO: Mayor and Commission
FROM: Charles D. Scurr
City Manager
REQUEST
DATE:
SUBJECT: Agenda Item #
Commission Meeting,
AN ORDINANCE ESTABLISHING
STORMWATER USER FEE
RATES
An Ordinance of the Mayor and City Commission of the City of South Miami, Florida, relating
to the budget, concerning the stormwater user fee rates, setting the fee rates.
BACKGROUND
All the municipalities in Miami -Dade County are being asked to pay their share of upcoming
canal dredging expenses. As we all have experienced, our canal systems are not performing
satisfactorily to dissipate floodwaters. Hurricane Andrew, Hurricane Irene, and the "no name"
storm of October 2000 inundated our streets with stormwater. Even days after the storms, large
areas of our City remained flooded. Clearly, the canals are not performing, as they should. To
remedy this situation, Miami -Dade County has secured FEMA assistance to dredge the canals to
a depth that is considered their original depth, so that they will have increased capability to
transport floodwaters to Biscayne Bay.
FEMA and the State of Florida Department of Community Affairs (DCA) will cover 87.5% of
the canal dredging expenses; Miami -Dade County and the City of South Miami will cover the
remaining 12.5% of the costs. It is estimated that the project to dredge the canals within our City
will cost approximately $3.7 million dollars. The City's share of this cost equates to an
estimated total of $281,408 (see attached).
ANALYSIS
Currently, each resident and business owner is assessed "stormwater user fees" pursuant to the
Miami -Dade County Stormwater Utility. These fees, required by Florida Statutes, are essential
to plan, staff, construct, operate and maintain a local stormwater management system. Inasmuch,
this revenue source is set aside for such activities as storm drain cleaning, new drainage system
construction, and various water quality initiatives required under the National Pollutant
Discharge Elimination System (NPDES).
/continued ...
Mayor and City Commission
Stormwater Utility Fee Rate
August 29, 2002
Page 2 of 2
The stormwater user fees are assessed through the water billing system managed by the Miami -
Dade County Water & Sewer Department (WASD). However, those customers with private
water wells are billed directly by our Finance Department. The current fee rate -is $3.00 per
equivalent residential unit (ERU) per month, meaning that all single family residential homes are
assessed a fee of $36 per year. Commercial sites are charged fees based upon their impervious
surface area.
To cover the upcoming canal dredging expenses, it is necessary to increase the Stormwater Fee
Rate $1.50 per ERU, which is an additional $1.50 per month for each single family home.
There are approximately 7900 ERU's within the billing system, so therefore this fee increase will
result in an estimated $142,000 per year of additional revenue.
RECOMMENDATION
Approval of the attached Ordinance is recommended to generate the revenue to cover the
upcoming canal dredging expenses and future maintenance of the improved system.
Attachments:
5/9/02 Miami -Dade County letter and package
Ordinance
METROPOLITAN DADE COUNTY. FLORIDA
METRO*DADE may'
G pit
Mr. Charles O. Scurr, City Manager
City of South Miami
6130 Sunset Drive
South Miami, FL 33143
Re: FEMA Paving & Drainage Cost Sharing
Dear Mr. Sear:
sai��ati;c
STEPHEN P. CLARK CENTEH
May 9, 2002 OFFICE OF COUNTY MANAGER
SUITE 2910
111 N.W. 1st STREET
MIAMI, FLORIDA 331281994
(305) 3755311
Miami -Dade County is engaged in recovery and mitigation activities associated with the damage
to the County's roads and drainage infrastructure resulting from Hurricane !Lane and the ; c-
Name Storrn. In an effort to ensure thorough identification of eligible locations for Federal
Emergency Management Agency (FEMA) restoration projects throughout Miami -Dade County,
we have included some locations within the City of South Miami as part of the County's claim.
These repair activities are being funded through FEMA, the State of Florida Department of
Community Affairs (DCA), and local matching funds. The County has begun the next phase of
our restoration plan, which includes project site analysis, design and construction. We have
notified our staff to "suspend" or place "on hold" any municipal FEMA restoration projects
within the boundaries of the City of South Miami.
Local matching funds (12.5 %) are to be paid by each individual municipality where road, canal,
or drainage improvements are to be performed. Please advise if your municipality wishes Miami -
Dade County to withdraw as the applicant, and request that DCA and FEMA correct their records
to reflect the City of South Miami as the applicant responsible for implementing the captioned
projects. Conversely, we can enter into a formal agreement with the City of South Miami to
implement the projects; however, the City would be fiscally responsible for the 12.5% local
match. In the case of canals, local costs will be predicated on Miami -Dade County Department of
Environmental Resources Management Stormvater Master Plan basin studies. Attached is a list
of sites within your city limits depicting the location of the proposed improvements and the
estimated available funding for each project from FEMA and DCA, including the 12.5%
matching share of funds for each municipality. Please be advised that each project has a specific
scope of work to address the stone- related damage. Deviation from the specified scope will result
J n loss of funding.
If you believe it would be beneficial to schedule a meeting to discuss the issues of FEMA- funded
repairs in your city, please contact me at (305) 375 -2724 at your convenience.
incerety, _
Steve Shiver
County Manager
c: Pedro G. Hernandez, P.E., Assistant County Manager
Roger T. I-Iemstadt, Capital Improvements Coordinator
Dorian K. Valdes, P.E., Division of Recovery Management
Citv of South Miami D C Canals and Drainage Areas
Canal Length (feet) Drainage Areas (SO MILES)
Ludlam Glades Canal 1,920 1
(includes Broad Canal) 8,280 1
5,730 0.426
Grand Total 2.426
The total drainage areas for the Ludlam Glades Canal is approximately 2.426 SQ MILES.
Of this total, approximately 1.381 SQ MILES are located within the City of South Miami.
The percentage of drainage areas within the City of South Miami is:
% = 1.381 SQ MILES x 100 = 56.92 %
2.426 SQ MILES
MfAM1 -oAOE CITY OF SOUTH MIAMI D.C. Canals and Drainage Areas &ERM
I SW 40TH ST
I
2.426
\(B I
SW 48TH SZ %O
Em 0
SW -6T11 9'T -- - - -- ��
D
1.381 SD M; ES Q j (HARDE
n
;j
o ; SOUTH
MIAMI
-
> a j
o z; C�
Z
�I SW 8 TH ST
rn
SN
ER CREEK CANAL
j SW 88TH S
C0vva0m NOTICE AND o SCVJMEa 2000 0 2000 4000 Feet
Drainage area Created by Ariadna Bermudez, Stormwater Utility Section.
-- ,..,.„.....,....�. w..w City of Somh Miami
MfAMf.oAOE CITY OF SOUTH MIAMI D.C. Canals and Drainage Areas R
i SW 40TH ST —
n
Do
_ I
2.426 SQMILES
I i
SW 48TH ST
(U� 90
SVk 6T�FiT
io L01
aaf so Miles "Z r� (HARD
W SOUTH
it MIAMI
3 c
Z
?>> II SW 8 TH ST
I �
CREEK CAN
ER CREAL `
SNAP - L ^'
SW 88TH ST
ooaeacar xorce nao ftac�aea 2000 0 2000 4000 Feet
[=j Drainage Area Created by Anadna Bermudez. Stormwater Utility Section.
.M— .n�u�M..N•••, � � [� City of South Miami
City of South Miami _
Canal Summary
CANAL
EEMA
ESTMATED
COST
EEMA
CONTRIBUTION
DCA
CONTRIBUTION
LOCH.
CONTRIBUTON
DESIGN
.............
CONSTRUCTION
............
TOTAL
MATCH
CRY°
TOTAL
MATCH
OOUNTY
SCHEDULED
COMMENCEMENT
DATE q.W
QTY
COUNTY
CRY
COUS,
ve >n noes
iE.)S f, J59
Si..J6�A6
se..
a
S]9.)01
69
Yi ]1.JJ6
.
6ua
S4)'v —ol
E =4".1 16
114tM
S]¢�Jf
SS613
SMb33
son
>1E
9rwo
J]494e 1PS6mde)
�a. 4CC
L4PJ)
t ..
Sv f95
SO
SJ46¢9
SC
Sao n
30_
>1
1
I
_
1 -__ _ _ O l
,_._
Se[) ➢59
SM avB
SR)�6P
SP.PiS
��
Oanrr eS CVw:I' -SOM. a:49 E'R'roen
Cv COVn
'S �v+.�w e:..aaie earK n�6nn. sus:
v.>�a coca, arao4 ma ov ]wwwroem)
11 _Fz
------------
IIII III, I. II,� I., IdII,
7y 1
- - -- -
RS 11 A25 Y, ?0 tt I,ne flu c,nxd aw—. ll. l,,
.—l'
u,.a,.,,
-,—.
. wm.wrew,cc
na.moe,
omww.aeR
m,m s 4ow.mGea4, crsu.E
RS 11 A25 Y, ?0 tt I,ne flu c,nxd aw—. ll. l,,
RteW„5 atove):9 nM.OS�M bA,t6Rfl4M4
tt/t>w, tlttCFSM,NwYi
0.NLR.wW�YaMpµVY�pgW9DW f0
Mov`i.CRM tNYJ. WARESKxSE'
BvpJiu���tR�6CIttOF ®.
Mi, xW uux,Nx£D OY V.W TU,SXUt
EE4prt WiMGttK� Miwt fW ,G
ss1 A,M ss3,..W'M i's.tv), WtM6RE4m4
. wm.wrew,cc
na.moe,
omww.aeR
m,m s 4ow.mGea4, crsu.E
sw.,;mwu.u,o
Y.nrwwv
,w.swcuay.,i rza wmaESmvsE.cw
N°Aw�mewu�Yaaw �t�on«.m
:iwe�YU'w m`ara�w
n._s :m
n. ?rwa
4:.,.M10�nN �
sn, sGm ceRMsREmn,sE
RteW„5 atove):9 nM.OS�M bA,t6Rfl4M4
tt/t>w, tlttCFSM,NwYi
0.NLR.wW�YaMpµVY�pgW9DW f0
Mov`i.CRM tNYJ. WARESKxSE'
BvpJiu���tR�6CIttOF ®.
Mi, xW uux,Nx£D OY V.W TU,SXUt
EE4prt WiMGttK� Miwt fW ,G
ss1 A,M ss3,..W'M i's.tv), WtM6RE4m4
MIAMI DAILY BUSINESS REVIEW
Published Daily except Saturday, Sunday and
Legal Holidays
Miami, Miami�Dade County, Florida
STATE OF FLORIDA
COUNTY OF MIAMI -DADE:
Before the undersigned authority personally appeared
O.V. FERBEYRE, who on oath says that he or she is the
SUPERVISOR, Legal Notices of the Miami Daily Business
Review Vk/a Miami Review, a daily (except Saturday, Sunday
and Legal Holidays) newspaper, published at Miami in Miami -Dade
County, Florida; that the attached copy of advertisement,
being a Legal Advertisement of Notice in the matter of
CITY OF SOUTH MIAMI - PUBLIC HEARING - 9/17/02
ORD. AMEND LAND DEVELOPMENT CODE, ETC.
in the XXXX Court,
was published in said newspaper in the issues of
09/06/2002
Affiard further says that the said Miami Daily Business
Review is a newspaper published at Miami in said Miami -Dade
County, Flcrida and that the said newspaper has
heretofore been continuously published in said Miami -Dade County,
Florida, each day (except Saturday, Sunday and Legal Holidays)
and has been entered as second class mail matter at the post
office in Miami in said Miami -Dade County, Florida, for a
perod of one year next preceding the first publication of the
attached copy of advertisement; and affiant further says that he or
she has neither paid nor promised any person, firm or corporation
any discount, ;ad, b e, commis n or refund for toe purpose
of securing thi ertise nt for ublication in the said
newspape: ,� i1
orr*to and subscribed bef6ie m his
day A. 2002
(SEAL)
O.V. FERBEYRE personally known [p me
CITY OF SOUTH MIAMI
NOTICE OF PUBLIC HEARINGS
NOTICE IS HEREBY given that the City Commission of the City of
South Miami, Florida will conduct Public Hearings during its regular City
Commission meeting Tuesday, September 17, 2002 beginning at 7:30
p.m., in the City Commission Chambers, 6130 Sunset Drive, to consider
the following described ordinance(s):
AN ORDINANCE OF THE MAYOR AND CITY COMMISSION
OF THE CITY OF SOUTH MIAMI, FLORIDA, RELATING TO A
REQUEST TO AMEND THE CITY OF SOUTH MIAMI LAND DE-
VELOPMENT CODE BY REVISING SECTION 20 -42 ENTI-
TLED "LAND SUBDIVISION REGULATIONS," IN ORDER TO
ESTABLISH PROCEDURES AND CRITERIA FOR REVIEW
AND APPROVAL OF WAIVER -OF -PLAT APPLICATIONS;
PROVIDING. FOR SEVERABILITY; PROVIDING FOR ORDI-
NANCES IN CONFLICT; AND PROVIDING AN EFFECTIVE
DATE.
AN ORDINANCE OF THE MAYOR AND CITY COMMISSION
OF THE CITY OF SOUTH MIAMI, FLORIDA, RELATING TO
THE BUDGET, CONCERNING THE STORMWATER USER
FEE RATE, SETTING THE FEE RATE; PROVIDING FOR SEV-
ERABILITY, ORDINANCES IN CONFLICT, AND AN EFFEC-
TIVE DATE. -
AN ORDINANCE OF THE MAYOR AND CITY COMMISSION
OF THE CITY OF SOUTH MIAMI, FLORIDA RELATING TO
ALARM SYSTEMS; REPEALING SECTION 15 -4 IN ITS EN-
TIRETY AND CREATING A NEW SECTION 15 -4 -1 THROUGH
15.4 -i0 ENTITLED BURGLARY AND ROBBERY ALARM;
PROVIDING FOR ALARM PERMITTING, PERMITTING FEES
AND FINES FOR NON - COMPLIANCE, ISSUANCE OF FALSE
ALARM REPORTS AND APPEALS OF FALSE'ALARM RE-
PORTS; PROVIDING FOR SEVERABILITY, ORDINANCES IN
CONFLICT, AND AN EFFECTIVE DATE.
Said ordinances can be inspected in the City Clerk's Office, Monday -
Friday during regular office hours.
Inquiries concerning this item should be directed to the Planning De-
partment at: 663 -6326.
ALL interested parties are invited to attend and will be heard.
Roneda Taylor, CMC
City Clerk
City of South Miami
Pursuant to Florida Statutes 266.0105, the City hereby advises the pub-
lic that if a person decides to appeal any decision made by this Board.
Agency or Commission with respect to arty matter considered at its meet.
ing or hearing, he or she will need a record of the proceedings, and that for
such purpose, affected person may need to ensure that a verbatim record
of the proceedings is made which record includes the testimony and evi-
dence upon which the appeal is to be based. 02.3- 671295180M