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Ord. No. 21-00-1723ORDINANCE NO. 21-00-1723 AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, RELATING TO THE STORMWATER UTILITY, AMENDING CHAPTER 17 ENTITLED "STREETS AND SIDEWALKS" OF THE CODE OF ORDINANCES OF THE CITY OF SOUTH MIAMI, FLORIDA, BY PROVIDING DESIGNTED ARTICLES AND BY ADDING A NEW ARTICLE ENTITLED "STORMWATER UTILITY" PROVIDING FOR THE CREATION OF A CITY OF SOUTH MIAMI STORMWATER UTILITY; PROVIDING FOR ITS ORGANIZATION AND GOVERNANCE, PROVIDING DEFINITIONS AND THE DETERMINATION AND COLLECTION OF FEES AND PROVIDING FOR THE IMPOSITION OF LATE CHARGES AND INTEREST AND OF LIENS THEREON; PROVIDING FOR FEE EXEMPTIONS; REPEALING ALL ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT HEREWITH; PROVIDING PENALTIES FOR VIOLATION HEREOF; PROVIDING FOR INCLUSION IN CODE; PROVIDING FOR A SEVERABILITY CLAUSE AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, it is in the best interest of the residents of the City of South Miami in order to protect the public health, safety, and welfare of the community to establish a Stormwater Utility within the municipal boundaries of the city that will be responsive to the critical needs and demands of the City; and; WHEREAS, the City exercises its option to be exempt from the provisions of the Miami -Dade County Storwater Utility Resolution and from the purview and control of the Miami -Dade County Stormwater Utility and; WHEREAS, the purpose and intent of this resolution is to establish a citywide stormwater utility in furtherance of the provisions of section 403.0893(1), Florida Statutes and the City South Miami, Fla., Comprehensive Plan, as amended, and to adopt stormwater utility fees sufficient to plan, construct, operate and maintain a local stormwater management system pursuant to section 403.0891(3), Florida Statutes; and; WHEREAS, the City of South Miami finds that is necessary and essential to create stormwater utility to collect and dispose of stormwater within municipal limits and to insure compliance with Federal Clean Water Act (NPDES) regulations, and; WHEREAS, the City of South Miami finds that the fees established herein charge the costs of the local program to the beneficiaries based on their relative contribution to its need and represent a logical, reasonable and rational basis for allocating the costs of the local program. CONTINUED... ORDINANCE NO. 21-00-1723 NOW THEREFORE, be it RESOLVED by the MAYOR AND CITY COMMISION of the CITY OF SOUTH MIAMI, FLORIDA, THAT: Section 1. The facts and recitations contained in the preamble to this ordinance are hereby adopted and incorporated by reference thereto as if fully set forth herein. Section 2. Chapter 17 entitled "Streets, Sidewalks and Excavations" of the Code of Ordinances of the City of South Miami, Florida is hereby amended by the addition of a new article entitled " Sotrmwater Utility" to read as follows: Chapter 17. STREETS AND SIDEWALKS ARTICLE I. IN GENERAL ARTICLE H. SIDEWALKS ARTICLE III. STORMWATER UTILITY §§ 17 -24 —17 -29 Sec. 17 -24 . Title This article shall be know as the City of South Miami Utility Ordinance. Sec. 17 -25 . Creation of South Miami Stormwater Utility; organization of governance. (a) There is hereby created and established by the authority of section 403.0893(1), Florida Statutes, as amended, a municipal stormwater utility within the geographic boundaries of the City of South Miami implementing the provisions of section 403.0893 (1), Florida Statues, which shall be named and know hereinafter as the South Miami Stormwater Utility ( "Utility "). The Utility shall be a public body corporate and politic which through its governing body, the South Miami City Commission, may exercise all those powers specifically granted herein, those powers specifically granted herein, those powers granted by law and those powers necessary in the exercise of those powers herein enumerated. Underline indicates addition. Page 2 of 9 ORDINANCE NO. 21-00-1723 (b) The governing body of the Utility shall be the City of South Miami City Commission. (c) The Utility shall be responsible for the operation, maintenance, and governance of a citywide stormwater utility to plan, construct, operate and maintain stormwater management systems set forth in the local program required pursuant to section 403.0891(3), Florida Statues. (d) The Stormwater Utility Manager shall be the Director of the Utility. (e) Administrative orders and regulations of the City Manager shall prescribe the organization and operating procedures of the utility. The City Manager shall employ such employees as may be necessary to operate the Utility. The salaries and compensation of all personnel of the Utility shall be determined by the City Commission upon recommendation of the City Manager pursuant to the regular budgetary process. See. 17-26. Definitions. For purposes of this article, certain words and terms are defined herein as follows: (1) BMP (Best Management Practice). Any storwater treatment facility (including, but not limited to, exfiltration basin, grass swale, retention pond, or detention pod), installed according to accepted engineering design criteria for the purpose of reducing the discharge of pollutants. (2) Developed property. Any parcel of land that contains an impervious area. (3) Dwelling. Any building or portion thereof that is used or intended to be used for living, sleeping, cooking and eating. Underline indicates addition. Page 3 of 9 ORDINANCE NO. 21-00-1723 (4) Dwelling unit. A room or group of rooms occupied or intended to be occupied as separate living quarters by one family with independent cooking and sleeping facilities. (5) ERU (Equivalent Residential Usage Unit). The estimated average of impervious area of developed residential properties for each dwelling unit within the City of South Miami. The estimated average is calculated by dividing the total estimated impervious area of developed residential properties by the estimated total number of dwelling units. The square foot estimated average of impervious area of developed residential properties shall be one (1) ERU for the purposes of fee calculation. (6) Impervious area. The horizontal ground surface that is not readily penetrated by rainwater. This shall include, but is not limited to, all structures, slabs, patios, porches, driveways, sidewalks, parking areas, athletic courts and decks. (7) Mixed Use developed properly. The horizontal ground surface that is not readily penetrated by rainwater. This shall include, but is not limited to, all structures, slabs, patios, porches, driveways, sidewalks, parking areas, athletic courts and decks. (8) Nonresidential developed property. Any parcel of land with impervious area that contains only nonresidential uses. (9) Outfall. Any and all conveyance of stormwater, including sheetflow drainage, associated with developed property that directs, discharges, permits, or allows stormwater to enter into a canal or municipal storm sewer. (10) Residential developed property. Any parcel of land with impervious area that contains only dwellings or dwelling units. Underline indicates addition. Page 4 of 9 ORDINANCE NO. 21-00-1723 (11) Stormwater. The surface water runoff that results from rainfall. (12) Stormwater infrastructure. The structural, nonstructural or natural features of a parcel of land or watershed which collect, convey, store, absorb, inhibit, treat, use, reuse, or otherwise affect the quality or quantity of stormwater. (13) Stormwater utiiity fund or Fund. The separate account established by the city for the deposit and use of all stormwater utility fees collected. Sec. 17 -27 Fees. (a) The City of South Miami Stormwater Utility is hereby authorized and directed to establish, charge and collect stormwater utility fees upon all residential developed property, and all Mixed Use Developed Property, and all nonresidential developed property, and all outfalls within the City of South Miami Florida sufficient to plan, construct, operate and maintain stormwater management systems set forth in the local program required pursuant to section 403.0891(3), Florida Statues. Such fees shall be in an amount set forth the by City Commission. (b) Each residential developed proper shall be charged a stormwater utility fee calculated by multiplying the rate of one ERU by the number of dwelling units on the parcel, multiplied by the Utility Rate established by the City Commission. (c) Each nonresidential developed property shall be charged a stormwater utility fee calculated by multiplying the Utility Rate established by the City Commission, by a factor derived by dividing the actual impervious area of the particular nonresidential developed property by the square footage base equivalent established for one (1) ERU. Underline indicates addition. Page 5 of 9 ORDINANCE NO. 21-00-1723 (d) For purposes of calculating ERUs for mixed -use properties, the number of ERUs for each property shall be calculated by adding the sum of the number of ERUs for dwelling units or by the method described herein for nonresidential developed property, whichever calculation provides the greater fee shall be used. (e) Each outfall associated with developed property shall be assessed a Utility monitoring fee upon the property. The outfall fee shall be in addition to the ERU fees. (f) The fees payable hereunder shall be deposited in a separate Stormwater Utility Fund and shall be used exclusively by the South Miami Stormwater Utility to pay for the costs of planning, constructing, operating and maintaining stormwater management systems set forth in the local program required pursuant to section 403.0891(3), Florida Statues. Sec. 17 -28 . Fee Exemptions. (a) Undeveloped Property Sec. 17 -29 . Collection; liens. (a) Fees shall be billed to the owner, tenant, or occupant of each developed property. If the fees are not fully paid by the owner, tenant or occupant on or before the past due date on the bill, a ten (10 %) percent late charge shall be added to the bill and imposed by the Utility. Any unpaid balance for such fees and late charge shall be subject to an interest charge at the rate of eight (8 %) percent per annum. Imposition of the interest charge shall commence sixty (60) days after the past due date of the fees identified on the bill. (b) Fees and late charges, together with any interest charges, shall be debts due and owing the Utility and shall be recoverable by the City on behalf of the Utility in any court of competent jurisdiction. Underline indicates addition. Page 6 of 9 ORDINANCE NO. 21-00-1723 (c) The Utility shall establish procedures to notify owners, tenants, occupants and managers of developed property of delinquent fee accounts. (d) All fees, late charges and interest accruing thereupon, due and owing to the Utility, which remain unpaid sixty (60) days after the past due date of the fees, shall become a lien against and upon the developed property for which the fees are due and owing to the same extent and character as a lien for a special assessment. Until fully paid and discharged, said fees, late charges, and interest accrued thereupon shall be remain and constitute a lien equal in rank and dignity with the liens of county ad valorem taxes and superior in rank and dignity to all other liens, encumbrances, titles and claims in, to or against the developed property involved for the period of five (5) years from the date such fees, late charges, and interest accrued thereupon, become a lien as set forth in this article. The lien may be enforced and satisfied by the City, on behalf of the Utility, pursuant to Chapter 173, Florida Statutes, as amended, or by any other method permitted by law. The lien provided for herein shall be supplemental to other legal remedies for recovery of fees, late charges and accrued interest. (e) For fees which become more than sixty (60) days past due and unpaid, the City or the Utility shall cause to be filed in the office of the Clerk of the Circuit Court Miami -Dade County, Florida, a notice of lien or statement showing a legal description of the property against which the lien is claimed, its location by street and number, the name of the owner and an accurate statement of the fees and late charges the unpaid. A copy of such notice of lien shall be mailed within a reasonable time to the owner of the property involved as shown by the records of the Tax Collector of Miami - Dade - County. Underline indicates addition. Page 7 of 9 ORDINANCE NO. 21-00-1723 (f) Liens may be discharged and satisfied by payment to the City, on behalf of the Utility, of the aggregate amounts specified in the notice of lien, together with interest accrued thereon, and all filing and recording fees. When any such lien has been fully paid or discharged, the City shall cause evidence of the satisfaction and discharge of such lien to be filed with the office of the Clerk of the Circuit of Miami -Dade County, Florida. Any person, firm, corporation, or any other legal entity, other than the present owner of the property involved, who fully pays any such lien shall be entitled to receive an assignment of lien and shall be subrogated to the rights of the City and the Utility with respect to the enforcement of such lien. (g) Notwithstanding other provisions to the contrary herein, the City, on behalf of the Utility, shall have the discretion not to file notices of lien for fees, late charges and interest accrued thereupon in an amount less than fifty ($50.00) dollars. If the City or the Utility elects not to file a notice of lien, such fees, late charges and accrued interest shall remain as debts due and owing in accordance with subsection (b) above. (h) The Utility is authorized and directed to execute and deliver upon request written certificates certifying the amount of fees late charges and interest accrued thereupon, which are due and owing to the Utility and the City, for any developed property which is subject to payment of such fees, or the Utility may certify that no fees, late charge or accrued interest are due and owing. Such certificates shall be binding upon the City and the Utility. Underline indicates addition. Section 3: Repeal of Resolutions in Conflict. All resolutions or parts of resolutions in conflict herewith are hereby repealed to the extent of such conflict. Page 8 of 9 ORDINANCE NO. 21-00-1723 Section 4: Penalties. Any person, firm or corporation convicted of violating the provisions of this ordinance shall be punished by a fine, not exceeding $500.00, or by jail sentence, not exceeding sixty (60) days, or both, in the discretion of the Court. Section 5: Inclusion in Code. The provisions of this ordinance shall be included and incorporated in the Code of the City of South Miami, as an addition or amendment thereto, and the sections of this ordinance shall be renumbered to conform to the uniform numbering system of the Code. Section 6: Severability Clause. If any phrase, clause, sentence, paragraph or section of this ordinance shall be declared invalid or unconstitutional by the judgement or decree of a court of competent jurisdiction, such invalidity or unconstitutionality shall not affect any of the remaining phrases, clauses, sentences, paragraphs or sections of this resolution. Section 7: Effective Date. This resolution shall become effective when passed by the City Commission of City of South Miami, Florida and signed by the Mayor of the City of South Miami, Florida. PASSED AND ADOPTED this 19th ATTEST: LI_�s _ CITY CLERK READ AND APPROVED AS TO FORM: CITY ATTORNEY ' 1st Reading: 9/5/00 2nd Reading: 9/19/00 dayof September2000 APPROVED MAYOR Page 9 of 9 COMMISSION VOTE: Mayor Robaina: Vice Mayor Feliu: Commissioner Bethel: Commissioner Russell: Commissioner Wiscombe 5 -0 Yea Yea Yea Yea Yea CITY OF SOUTH MIAMI INTER - OFFICE MEMORANDUM TO: Mayor and Commission FROM: Charles D. Scurr City Manager / 944" J( REQUEST DATE: September 15, 2000 SUBJECT: Agenda Item # _ Commission Meeting, -September 19, 2000 AN ORDINANCE AMENDING CHAPTER 17 ENTITLED "STREETS AND SIDEWALKS" BY ADDING A NEW ARTICLE ENTITLED "STORMWATER UTILITY ". The attached ordinance would create a Stormwater Utility owned and operated by the City. BACKGROUND Florida Statutes require each municipality to establish a Stormwater Utility for stormwater management purposes. Currently, the City of South Miami satisfies this obligation by being a member of the Miami -Dade County Stormwater Utility, and pays the County for the administration of this legal entity. The purpose of a Utility is to provide for stormwater quality and quantity management. Inasmuch, the Utility serves both a flood management purpose, as well as to address environmental concerns posed by stormwater runoff. Thus, inherent in the Utility's domain is to comply with the Federal Clean Water Act's National Pollution Discharge Elimination System (NPDES) regulations. Because of this, the Scope of the Utility extends to such diverse activities as: developing flood management strategies, new drainage project construction, getting involved with municipal zoning decisions (hazardous facility siting), implementing pollution control initiatives to improve water quality in canals and surface water, developing spill prevention and countermeasure plans for municipal facilities, conducting hazardous facility inspections, performing chemical analysis of water quality samples, and to carry out public education outreach to teach the proper use and disposal of pesticides, fertilizer, and other environmental hazardous materials. /continued ... Mayor and City Commission Stormwater Utility Ordinance September 5, 2000 Page 2 of 3 To meet these Federal mandates, each Utility is required to adopt stormwater utility fees sufficient to plan, staff, construct, operate and maintain a local stormwater management system. These "stormwater user fees" are based upon the impervious area for developed property (i.e., the buildings and pavement which cause stormwater to be displaced), and are currently being billed by both the Miami -Dade Water & Sewer Department (public water accounts) and Miami - Dade County Department of Environmental Resources Management (DERM) for private water well sites. The City receives the Stormwater User Fee Trust Fund through the County from these billing sources. BENEFITS ANALYSIS As already mentioned, the City currently relies upon the County for the administration of the Stormwater Utility. However, this arrangement is inefficient, requiring the County to review and approve each expenditure in the Stormwater User Fee Revenue Budget. Consequently, if the City were to form our own Utility, we would gain more flexibility over the expenditure of funds, thereby provide increased responsiveness for our community. In addition, since, technically, the Stormwater User Fee Budget is currently provided by the County's Utility, DERM has indicated that this funding cannot be used by the City to leverage grants or other funds — a serious constraint which could impact the State of Florida appropriations. Thus, by forming our own Utility, the City could use the Stormwater User Fee Budget as a grant matching source, or as a revenue source for financing drainage projects, etc. The County also has control over the fee rates that the Utility charges. If the City were to form our own Utility, we would have the ability to raise or lower fees as needed -- a capability we may need to successfully leverage funding from Tallahassee in the future. Another benefit is that the City currently pays the County approximately $12,000 per year for Utility administration -- this ongoing expense would be eliminated if the City were to form our own Utility. Lastly, it should be mentioned that virtually every municipality in Miami -Dade County has opted -out of the County's Utility (except for El Portal), and formed their own Utility for these same reasons. COSTS ANALYSIS The principal "cost" for forming our own Utility is through the additional responsibilities that the City would inherit. /continued ... Mayor and City Commission Stormwater Utility Ordinance September 5, 2000 Page 3 of 3 However, under any scenario, WASD would still perform the billing of water customers. Therefore, in effect, the City would only be replacing the role of DERM in Utility Administration. An analysis of current municipal capabilities indicates that the current services provided by DERM could be provided by City staff, as outlined below: A designated Stormwater Utility Manager would be needed for accountability, and to ensure that all the diverse activities listed above are performed and coordinated. The Stormwater Utility Manager would also be responsible for reviewing and proposing a stormwater user fee rate that is proportional to the Stormwater Utility needs, in accordance with the NPDES Stormwater Management Plan. This person would also be a liaison to other agencies such as DERM on Stormwater management and planning issues. Accordingly, the Fiscal Year 2000/2001 Budget provides for a new "Stormwater Utility Manager" position to be created for this purpose. RECOMMENDATIONS Even with the additional responsibilities the City would assume by forming our own Utility, the financial flexibility gained through controlling the fee rates, and the ability to leverage State funding, makes it clear that the formation of a Stormwater Utility is in the best interests of the City. Approval of the attached ordinance is therefore recommended. Attachments Corresponding City DERM Service Department impacted 1) Direct municipal billing of non -WASD accounts Finance 2) Customer Service for non -WASD accounts Finance 3) Collections & Enforcement (liens, etc.) of delinquent accounts Finance 4) Account Reconciliation / Audit Requirements Finance 5) Locating non -water customers not currently listed Planning Dept. 6) Calculation of commercial fees based upon impervious area Planning Dept. 7) Coordination with WASD on new accounts SW Utility Manager 8) Fiscal planning (setting the fee rate proportional to need) SW Utility Manager 9) NPDES activities and Environmental Planning SW Utility Manager A designated Stormwater Utility Manager would be needed for accountability, and to ensure that all the diverse activities listed above are performed and coordinated. The Stormwater Utility Manager would also be responsible for reviewing and proposing a stormwater user fee rate that is proportional to the Stormwater Utility needs, in accordance with the NPDES Stormwater Management Plan. This person would also be a liaison to other agencies such as DERM on Stormwater management and planning issues. Accordingly, the Fiscal Year 2000/2001 Budget provides for a new "Stormwater Utility Manager" position to be created for this purpose. RECOMMENDATIONS Even with the additional responsibilities the City would assume by forming our own Utility, the financial flexibility gained through controlling the fee rates, and the ability to leverage State funding, makes it clear that the formation of a Stormwater Utility is in the best interests of the City. Approval of the attached ordinance is therefore recommended. Attachments 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 Octeima V. Ferbeyre, who on oath says that she Is the Supervisor, Legal Notices of the Miami Daily Business Review f /kra Miami Review, a daily (except Saturday, Sunday and Legal Holidays) newspaper, published at Miami in Miamb Dade County, Florida; that the attached copy of advertise- ment, being a Legal Advertisement of Notice in the matter of -TTY `Z PUBLIC HEARING- 9/191/00 ORDINANCE A='TDINv SEC, 2A ETC. in the .............XXk... r; ..., ..........,...... Court, was published in spa d 0"spaper in the issues of Affiant further says that the said Miami Daily Business Review is a newspaper published at Miami in said Miami - Dade County, Florida, 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 period of one year next preceding the first publication of the attached copy of advertisement; and affiant further says that she h either paid nor promised any person, firm or corpo on an discount, rebate, com- mission or re nd for t urpose securing this advertise- ment for p iicatior}' a said ne spaper. :d before me this 2000 ...i.'. /... ;�.../...././...., A.D........ . f............r.. ... `! ................... (SEAL),,-- Octelma V. F onally kMt! -SIC MIECA� ".Y CO?. +. : "SSIGti : CC 845610 EXPIRES: March 4, 2004 '•x'o: +��`" [tandoo ID;u tmzrn Pmfi,: Ucde,,ide ...... CITY OF SOUTH MIAMI NOTICE OF PUBLIC HEARING NOTICE IS HEREBY given that the City Commission of the City of South Miami, Florida will conduct a Public Hearings during its regular City Commission meeting Tuesday, September 19. 2000 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 LOBBYISTS; AMENDING SEC. 8A -5. ENTITLED "LOBBYISTS: REGISTRATION AND REPORTING, EXEMPTIONS." OF THE CITY OF SOUTH MIAMI CODE, BY CREATING PARAGRAPH (g), ENTITLED "PROHIBITION ON APPOINTMENT OF LOB- BYIST TO BOARDS AND COMMITTEES: PROVIDING FOR SEVERABILITY, ORDINANCES IN CONFLICT, AND AN EF- FECTIVE DATE. (1" Reading -Sell emoer 5, 2000). r..,,, AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA. AMENDING CHAPTER 17 ENTITLED "STREETS AND SIDEWALKS" OF THE CODE OF ORDINANCES OF THE CITY OF SOUTH MIA- MI, FLORIDA, BY PROVIDING DESIGNATED ARTICLES AND BY ADDING A NEW ARTICLE ENTITLED "STORMWATER UTILITY" PROVIDING FOR THE CREATION OF A CITY OF SOUTH MIAMI STORMWATER UTILITY, PROVIDING FOR ITS ORGANIZATION AND GOVERNANCE, PROVIDING DEFINI- TIONS AND THE DETERMINATION AND COLLECTION OF FEES AND PROVIDING FOR THE IMPOSITION OF LATE CHARGES AND INTEREST AND OF LIENS THEREON; PRO- VIDING FOR FEE EXEMPTIONS: REPEALING ALL ORDI- NANCES OR PARTS OF ORDINANCES IN CONFLICT HERE- WITH; PROVIDING PENALTIES FOR VIOLATIONS HEREOF; PROVIDING FOR INCLUSION IN CODE: PROVIDING FOR A SEVERABILITY CLAUSE AND PROVIDING FOR AN EFFEC- TIVE DATE, (1" Reading - September 5, 2000) AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, RELATING TO RIGHTS -OF -WAY; APPROVING A LICENSE AGREEMENT BETWEEN THE CITY AND METROMEDIA FIBER NET WORK SERVICES, INC. TO INSTALL, OPERATE AND MAINTAIN TELECOMMUNICATIONS SYSTEMS IN THE MUNICIPAL RIGHT -OF -WAY; PROVING FOR SEVERABWTY, ORDI- NANCES IN CONFLICT, AND AN EFFECTIVE DATE. (1 "Read- ing - September 5, 2000)