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Ord. No. 26-00-1728ORDINANCE NO. 26-00-1728 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 FOR FISCAL YEAR 2000/2001; PROVIDING FOR SEVERABILITY, ORDINANCES IN CONFLICT AND AN EFFECTIVE DATE. WHEREAS, the City of South Miami is establishing a Stormwater Utility for the furtherance of stormwater management goals throughout the City, and; WHEREAS, Florida Statutes section 403 require the City to establish a fee rate sufficient to plan, staff, construct, operate and maintain a local stormwater management system, and; WHEREAS, the City Manager recommends a Stormwater User Fee Rate of $3.00 per Equivalent Residential Unit (ERU) per month, and an Outfall Monitoring Fee of $1,000.00 per property per year. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA: Section 1. The Mayor and City Commission hereby sets the Stormwater User Fee rate at $3.00 per Equivalent Residential Unit (ERU) per month. Section 2. The Mayor and City Commission hereby sets the Stormwater Outfall Monitoring Fee rate at $1,000.00 per property per year. Section 3. 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 4. All ordinances or parts of ordinances in conflict with the provisions of this ordinance are repealed. Section 5. This ordinance shall be incorporated in the City of South Miami Code of Ordinances. Page 2 of Ordinance No. 26 -00 -1723 Section 6, This Ordinance shall take effect immediately upon adoption. PASSED AND ADOPTED this 7 day of November 2000. ATTEST: CITY CLERK 1" Reading — October 3, 2000 2 "d Reading — November 7, 2000 READ AND APPROVED AS TO FORM: CITY ATTORNEY City of South Miami Stonnwater User Fee Rate Ordinance UT : •I COMMISSION VOTE: Mayor Robaina: Vice Mayor Feliu: Commissioner Bethel: Commissioner Russell: Commissioner Wiscombe: Not 4 -0 Yea Yea Yea Yea present CITY OF SOUTH MIAMI INTER- OFFICE MEMORANDUM BACKGROUND 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). Since the City is establishing its own Stormwater Utility, we now have the flexibility to set our own fee rates. The stormwater user fees are based upon a statistical construct called an Equivalent Residential Unit (ERU). The ERU represents the estimated impervious area for a typical residential dwelling unit with the City. As a result, the ERU is different for each City, and is contingent upon zoning regulations and the number of "high density" residential structures such as apartment buildings and condominiums. The current ERU in the City is set at 2,095 square feet. The ERU does not affect the fees paid by residential properties, only commercial sites. Billing for commercial sites is determined by calculating each site's impervious area versus the ERU. So, for example, a commercial lot with three times the impervious area as a typical residential home (i.e., 3 x 2,095 = 6,285 square feet of coverage) would be charged 3.00 ERUs for billing purposes. The second variable in billing is the fee rate. Currently, the fee rate is $2.50 per ERU per month. Consequently, a residential home is charged $2.50 x 1 ERU x 12 months = $30.00 per year, and the commercial example discussed above would be charged $2:50 x 3.00 ERUs x 12 months= $90.00 per year. /continued ... Mayor and City Commission Stormwater Utility Ordinance October 17, 2000 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 would have to be billed directly by our Finance Department, RECOMMENDATIONS As already mentioned, the City now has the flexibility to set the'Stormwater User Fee rates within the City. The attached summary of Utility rates throughout Florida indicates that the current $2.5.0,1../ERU is well below the industry average rate of $3.24 / ERU. When assessing the needs of the City, it has become very apparent that in order to secure grants from the State, County, or Federal governments; the City will need to,offer matching funds. Moreover, as you know; the greater the available match, the'larger the grant we can secure: This reality is the driving force behind the recommendation to set the rate' at $3.00 / ERU. This rate represents an increase, but is still well below the industry average of $3.24 / ERU, The proposed ERU rate will produce a net increase in revenue of at least $42,000 for FY 2000/01 to be used to leverage grant funds. In addition, it should be noted that Miami -Dade County was responsible for setting the ERUs for commercial sites within the City. However, because of their inability to monitoring commercial construction, those ERUs may be inaccurate. Now that we have established our own Utility, the City can recalculate the ERUs for commercial sites to ensure billing accuracy, and potentially generate additional revenue through such corrections. Lastly, the ordinance also, establishes a billing provision for "outfalis" (systems that discharge rainwater off -site) to canals and municipal storm drains. As we all recently learned, the canals in our City are host to a great variety of wildlife; including the occasional manatee: These canals also flow directly into the environmentally sensitive Biscayne Bay. Because of this, and because of the Federal Clean Water Act regulations, a monitoring / assessment fee on these outfalis is proposed. These outfalis are currently not permitted, but a number of sites within the City were apparently constructed when stormwater disposal regulations were more lax. The rainwater outfalls represent an unconstrained source for pollution from untreated stormwater runoff, and must therefore be monitored by the City. The proposed outfall monitoring fee is $1,000 per year per site (a list of sites subject to this fee is attached). Far from being a punitive measure, this fee could be avoided if those sites decided to eliminate the outfalis. Approval of the attached ordinance is therefore recommended Attachments l South Dade 6380 S. Dixie Hwy Veterinary Hospital w/ roof drains Animal Hospital . to canal Siam Lotus Room 6388 S. Dixie Hwy Restaurant w/ parking lot sheetflow, , drainage to canal 3 Oak Heights 6341 SW 80`' St. Apartment Complex w/ parking lot - -. Manor Apartments sheetflow drainage to canal 4 Water Way Apts. 7901 SW 64th Ave. Apartment Complex w/ parking lot' sheetflow drainage to canal 5 6 Holiday Apartments 6396 Manor Lane Winn Dixie 5850 SW 73`d Street Apartment Complex w/ parking lot sheetflow drainage to canal Grocery Store w/ roof drains discharging to municipal storm sewers City of South Miami List of Known Stormwuter Outfalls 9/13/2000 No. Facility Name Address Comments 1 South Dade 6380 S. Dixie Hwy Veterinary Hospital w/ roof drains Animal Hospital to canal 2 Siam Lotus Room 6388 S. Dixie Hwy Restaurant w/ parking lot sheetflow drainage to canal 3.' `Dak Heights 6341 SW 80 °i St. Apartment Complex w/ parking lot Manor Apartments %shee,qtflow drainage to canal 4 Water Way Apts. 7901 SW'64 °i Ave.' , Apartment Complex w /parking lot sheetflow drainage to canal 5 Holiday Apartments 6396 Manor Lane Apartment Complex w/ parking lot sheetflow drainage to canal 6 Winn Dixie 580 SW 73 "' Street ,,,,Grocery Store w/ roof drains discharging to municipal storm sewers Arturo A. Rodrigu , P.B. Stormwater Utility Section Cc: David Gooden, City of South Miami Dorian K. Valdes, DBRM, Subject File AAR:nk/12J.99 70 39dd smom oi-la ld 8OZZ899906 6d bt 0002/5t/60 tS� Gy ei 04�Po Clry a Oelderd PeM CKy d tag«aae crcy d �w City a uee Mary Gy m CvNdn GMdS ey Haw fireve(6CamY Gy a aaan .Beam gydYvice chy a Baca Rem Cilya CCC08 CBtC11 coy a r Y»^a eaech Gyd Nm csvowlak cty mc mco\>� . Cro Of m ( Ydata GmmY city d Hoy Hb Ctty N HlaYah (�) cof d Lace Wa Gtyd No Liam Cly d Hmir.'m Csy d Layo J Gy d Marom lem Carry �'.. C+y d Me�'.. Gy d Brymm Bead\ Gyd Prom Cby Htbb..;h Catty' cay d ai6nwak" u [totavvwt<a)1 /19/99.hw EO 39Vd MONTHL STORM WATER UTILITY RATES :S WITHIN THE STATE OF FLORIDA) $1M $2.00 $3.00 $4.00 SAaOhi ol-land $5.00 $5.00 $7.00 58.00 89ZL899SL3g bZ�bt 999Z/St/69 _M7 i7.49 ��..'�� .16.06 i¢.00 1 1 591 i 5535. 'r (C rs 66 i 54M PA -�5 ba.00 4.. f - -; PM �f39 a VM s Mob t{ W.00 s9.aJ MY( 99m i mm- S Pm 99,00 59.60 S3.DB 290 r<I��YJj'.: JJ' 1`'• ZW ,,f f (ts 1. i '%JO y. :Z"g� „>'� 3; •F �} 4 rJ'.�ol•.RON _ $1M $2.00 $3.00 $4.00 SAaOhi ol-land $5.00 $5.00 $7.00 58.00 89ZL899SL3g bZ�bt 999Z/St/69 TO 39dd smaom 9I-iHnd BHL899S0£ GF:bT 0002 /SI /60