HomeMy WebLinkAboutCity of Tamarac Ordinance O-1993-024Y f �
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Temp. Ord. # 1660
Revised 9/23/93
CITY OF TAMARAC
STORMWATER MANAGEMENT UTILITY
ORDINANCE NO. 0-93-24
AN ORDINANCE OF THE CITY OF TAMARAC, FLORIDA,
ESTABLISHING A STORMWATER MANAGEMENT UTILITY
FOR THE CITY OF TAMARAC, FLORIDA; PROVIDING
FOR ARTICLE VI OF CHAPTER 22 STORMWATER
MANAGEMENT UTILITY; PROVIDING FOR CERTAIN
FINDINGS AND DETERMINATIONS; PROVIDING FOR A
STORMWATER MANAGEMENT UTILITY FEE; PROVIDING
FOR BILLING, PAYMENT, PENALTIES AND
ENFORCEMENT OF THE COLLECTION OF SUCH FEES;
PROVIDING FOR A STORMWATER MANAGEMENT UTILITY
FUND; PROVIDING FOR CODIFICATION; PROVIDING
FOR SEVER.ABILITY; PROVIDING FOR CONFLICTS; AND
PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, the City of TAMARAC, Florida, is
responsible for the management of the existing STORMWATER
management system which has the purpose of collection,
storage, treatment and conveyance of STORMWATER; and
WHEREAS, the City will identify a number of projects
which are necessary for the improvement and extension of the
existing system so that the collection, storage, treatment,
and conveyance of STORMWATER within the City limits adequately
protects the health, safety and welfare of the City of
TAMARAC, Florida; and
WHEREAS, the State of Florida has adopted STORMWATER
Management legislation which encourages proper management of
stormwater sun -off and water quality; and
*MREAS, pursuant to Clean Water Act (33 USC 1251 et
seq.), the Environmental Protection Agency has proposed rules
for the mazagement of STORMWATER outfalls; and
EREAS, it is necessary and essential that the City
address various environmental issues that will further
increase `the.City, s`infrastructure requirements; and
WHEREAS, Section 403.0893, Florida Statutes (1991)
luthorized the City to adopt a STORMWATER utility fee to fund
tnt- ,onstrurtion, operation, maintenance, and administration
of a public STORMWATER management program;
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Temp. Ord. # 1660
Revised 9/23/93
NOW, TH.:-: E7URE, BE IT ORDAINED BY THE CITY COUNCIL
OF THE CITY OF TAMARAC, FLORIDA, THAT:
It is found, declared, and ordered by the City
Council as follows:
A. The City is authorized by the Florida
Constitution and the provisions of Chapter 166, and Section
403.0891 et seq., Florida Statutes, to construct, reconstruct,
improve, and extend STORMWATER systems, to issue revenue bonds
and incur other debts if needed to finance in whole or in part
the cost of such systems and to establish just and equitable
rates and assessments for services and facilities provided by
the system.
B. Those elements of the City STORMWATER system
which provide for the collection, storage, treatment, and
conveyance of STORMWATER are of benefit and provide services
to all Property within the city.
C. The cost of operating and maintaining the
STORMWATER management system and the financing of existing and
future repairs, replacement, improvements, and extensions
thereof should be allocated to the extent practicable in
relationship to the benefits enjoyed and services received
therefrom.
D. STORMWATER management facilities which are
designed, cmzstructed and maintained in accordance with the
applicable state and local regulations for the purposes of
STORMWATER quality improvements are of benefit to and
necessary for the public health, safety and welfare.
a. That `Chapter 22 of the Code of Ordinances of
the City nE TAMARAC is amended by the Creation of Article VI
thereof, consisting of Section 9 through 9 to read as
follows:
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Temp. Ord. # 1660
Revised 9/23/93
ARTICLE VI STU..u11NATER MANAGEMENT UTILITY
SECTION 1: This Article shall be known and may be
cited as the "Stormwater Management Utility" Article and the
provisions hereof shall pertain to all lands within the City
of Tamarac except as is otherwise herein provided.
SECTION 2: Definitions - For the purpose of this
Article, the following definitions shall apply; words used in
the present tense shall include the future tense. The word
"shall" is mandatory and not discretionary. The word "may" is
permissive. Words not defined herein shall be construed to
have the meaning given by common and ordinary use.
A. "CITY" shall mean the City of Tamarac.
B. "DIRECTOR" shall mean the Director of Public
Services.
C. "IMPERVIOUS AREA" means roofed and paved areas
including, but not limited to, areas covered by roofs, roof
extensions, slabs, patios, porches, driveways, sidewalks,
parking areas, and athletic courts/areas.
D. "UNDEVELOPED PROPERTY" shall mean any parcel
which does not contain manmade impervious areas.
E. if DEVELOPED PROPERTY" shall mean any parcel
which contains manmade impervious area.
F. "RESIDENTIAL PROPERTY" shall mean any Property
which has the majority use as a single-family residence
including condominiums and apartments.
G. "NON-RESIDENTIAL PROPERTY" shall mean Property
that is classified by the Property Appraiser as land use types
10 through 99 under the Florida Department of Revenue Land Use
Codes, as may be amended from time to time and shall be deemed
to include, but not be limited to commercial and industrial
use, dormitories, hospitals, nursing homes, sanitariums,
recreational vehicle spaces, hotels, and motels. Any property
that contains both residential and non-residential facilities
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• Temp. Ord. # 1660
Revised 9/23/93
shall be treated as the type of propej_•iy that will result in
the larger number of equivalent residential units (ERU's).
H. "EQUIVALENT RESIDENTIAL UNIT (ERU)" shall mean
the statistical average -impervious area of Residential
Property per Dwelling Unit within the City. The numerical
value of one ERU shall be an impervious area that shall be
adopted by the City Council by Resolution.
I. "STORMWATER MANAGEMENT SYSTEM" means the system
by which the City manages and controls stormwater within the
City. The System includes management services such as
designing, permitting, planning, and reviewing stormwater
related infrastructure; and the operations, maintenance,
repair, and replacement, and improvement of said
infrastructure including waterways, consistent with the
Capital Improvement and Stormwater Management Elements of. the
City's Comprehensive Plan.
J. "Stormwater Management Utility Fee" means a
non-advalorem assessment benefiting Property parcels.
SECTION 3: STORMWATER MANAGEMENT UTILITY FEE
CREATED
A. A Stormwater Management Utility Fee (the "Fee"),
is hereby created and imposed on all Property within the city
for services and facilities provided by the Stormwater
Management System. The Property owner or tenant is
responsible for payment of the Fee. For the purpose of
imposing the Fee, all Property within the City shall be
classified either as:
1)-- Undeveloped property ; or
2) Residential Property; or
Y 3) Non -Residential Property
B. The City Manager or his designee shall obtain
a list each year from the Broward County Property Appraiser of
property within the City and shall assign each parcel a
classification of Undeveloped Property, Residential Property
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Temp. Ord. ## 166o
Revised 9/23/93
or Non -Residential Property.
SECTION 4: SCHEDULE OF RATES
A. The Stormwater Management Utility Fee shall be
adopted by resolution, and shall be calculated for each
Property as follows:
(1) The Fee for Undevelcned PmnPrty ; Qe*
rate based on acreage.
(2) The Fee for Residential Property is the
rate for one ERU.
(3) The fee for Non -Residential Property is
the rate for one ERU multiplied by the numerical factor. The
numerical factor is obtained by dividing the total impervious
area in square feet of the Non -Residential Property by the
square footage for one ERU as set forth in the Rate
Resolution. The resulting calculation is FEE = ERU rate X
(parcel impervious area expressed in square feet/the square
footage for one ERU).
B. The minimum Fee for Property, whether
Residential or Non -Residential, is equal•to the rate for one
ERU, subject to reduction as set forth in sub -paragraph C
below.
C. Facility Credit
(1) In order to encourage the improvement of
the quality of stormwater run-off, a reduction in the
Stormwater Management Utility Fee is authorized for those
properties which have a stormwater management facility
designed and constructed for the purpose of stormwater
pollution reduction.
(2) A reduction in the Fee is allowed for a
particular Property only if the stormwater run-off from the
property is treated by a stormwater management facility that
has been designed, constructed, and is maintained properly for
the purpose of stormwater pollution reduction. A pollution
retardant basin shall be excluded from such consideration. If
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Temp. Ord. # 1660
Revised 9/23/93
it is determined by the Director that the stl•:A,�vwater
Management facility has not been, or is not currently being
properly maintained as designed, the Director may disallow the
On -Site Stormwater Quality Management Facility Credit.
(3) For applicable properties as determined by
the Director, the Fee shall be reduced by twenty-five (25V)
percent. The reduced fee will. therefore. be rnlettlatar7
the Fee -pursuant to the Rate Resolution multiplied by the
factor of 0.75 (fee X 0.75).
SECTION 5: BILLING, PAYMENT, PENALTIES. AND
ENFORCEMENT
A. Statements for the Stormwater Management
Utility Fee shall be rendered monthly in accordance with a
monthly billing cycle administered by the City for all
properties subject to the Fee. All'Propertyshall be subject
to the Fee.
B. The Stormwater Management Utility Fee is for
services furnished to the Property and the Fee, therefore,
must be paid by the property owner. If the property is tenant
occupied, the tenant will be responsible for the Fee. In the
event the fees are not satisfied by the tenant_ HI'm
responsibility will be that of the property owner of record.
C. Any Fee remaining unpaid on a Property for
ninety (90) days shall constitute a lien in favor of the City
against said property, and the City Clerk is authorized -and
directed to record a lien for such unpaid Fee in the Public
Records of Broward County, Florida. Such lien shall be
superior in dignity to any encumbrances on the said property,
whether incurring prior to or subsequent to such lien being
recorded,- except for tax liens, and may be foreclosed by the
City as provided by law.
D. Statements for the Stormwater Mannr.cn,cr,*
Utility Fee shall be payable at the same time, in the same
manner, and subject to the same penalties as they are
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Temp. Ord. # 1660
Revised 9/23/93
otherwise set forth for other utility fees administered by the
City. The property owner will be notified of any delinquency
in the payment of the Stormwater Management Utility Fee in the
same manner that delinquent water and SPwpr h;llc
notified, and the failure to pay such fee as is otherwise
provided in the statement shall subject the owner of the
Property to all other penalties and charges available under
the lawrelative• to the discontinuance of such utility
services.
E. The owner of Property that is not billed for
water and/or sewer service by the City of Tamarac shall be
required to pay the City a Stormwater Management Utility Fee
Deposit in an amount equivalent to one year of Fees for the
property. The Deposit may be adjusted in accordance with any
applicable Fee credit as provided for herein. If said owner
fails to pay this Fee according - to Statement as provided
herein, then a prorata share of the Deposit shall be deducted
to compensate for the delinquent fee. The property owner will
be required to reestablish the Deposit to the appropriate
monetary sum equivalent to one year of utility fees.
F. Utility Service may be discontinued pursuant to
Tamarac Code, Section 22-127, as amended, for non-payment of
Stormwater Utility fees.
G. In the event a person desires to seek an
administrative appeal and hearing as a result of
discontinuance of utility services, such person or authorized
agent shall file a petition in such form as prescribed by -the
City and shall simultaneously, with the filing of such form,
pay a petition fee. The amount of the filing fee shall be
established by resolution of the City Council. The fee shall
be used for the purpose of setting administrative expenses
incurred by the City in the processing of the petition. The
original petition form shall contain the following information
and shall be submitted to the City Manager:
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Ord. # 1660
-ised 9/23/93
1) Name, address and telephone number of the
petitioner.
2) If not a single-family residence, location and name
of the building, structure, or shopping center where the
delinquent fee exists.
3) Hardship claimed.
The completed original petition along with seven (7) copies
shall be submitted through the City Manager to the City
Clerk, who shall then cause the petition to be placed on the
agenda of the City Council for its consideration; and the
petition shall be accompanied by the written recommendation of
the City Manager. In the event the waiver and exception is
granted by the City Council, the City Council shall cause a
resolution to be issued, stating the terms and conditions upon
which the waiver has been granted.
SECTION 6: ADJUSTMENT OF FEES
A• Any owner, tenant or occupant who has paid the
Stormwater Utility Fee assigned against his property and who
believes that the Fee is in error, may, subject to the
limitations set forth in this Section, submit an adjustment
request to the City Manager.
(1) Adjustment requests shall be made in
writing and shall set forth in detail the grounds upon which
the request is made.
(2) The City Manager shall review the
adjustment request within ninety (90) days of the submittal of
the request and shall respond in writing to the applicant,
either denying or granting the request with the reasons
therefore stated in such response.
(3) The rate adjustment, if granted, will
apply retroactively to the date on which the erroneous
information was applied to the applicant's Fee, but not to
exceed one (1) year prior to the adjustment request.
(4) If this adjustment request is :ied, the
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Temp. Ord. # 1660
Revised 9/23/93
applicant, may, within thirty (30) days of the receipt of the
denial, petition for a review of the adjustment request by the
City Council. The City Council shall review the adjustment
request in accordance with the provisions set forth in this
Ordinance as well as the evidence provided in the original
adjustment request and supplemental evidence requested by the
City Manager or provided by the applicant prior to the
decision..made by the City Manager. Within sixty (60) days
after the applicant files the petition, the City Council
shall, in writing, either grant or deny the petition. If the
petition is granted, the City Manager will apply the
adjustment to the Fee for the requesting customer for the
retroactive period identified by the City Council. If the
petition is denied, the petitioner may appeal to Circuit
Court, provided said appeal is filed within thirty (30) days
after the Council renders its decision.
B. The City Manager, upon discovering an error or
oversight in the calculation of the Fee, may initiate an
adjustment request. The request must •be made in writing
documenting the reasons for the adjustment. In the event that
the adjustment would require an increase in the Fee, the City
Manager must provide the adjustment request to the affected
Fee payer thirty (30) days prior to adjusting the fee and
offer the Fee payer an opportunity within the stated thirty
(30) days to request an adjustment pursuant to the provisions
of Section VI (A) above. An increase or decrease in fee shall
not be retroactively effective more than one (1) year from the
date of adjustment.
SECTION 7: STORMWATER MANAGEMENT UTILITY FUND
A. There shall be established a Stormwater
Management Utility Fund (the "FUND") for the deposit of all
Fees collected pursuant to this Article. The Fund shall be
used exclusively to pay for costs associated with the
Stormwater Management System, including but not limited to:
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Temp. Ord. # 1660
Revised 9/23/93
(1) Operation and maintenance of Stormwater
Management Facilities under the jurisdiction of the City;
(2) Costs for the expansion of Stormwater
Management Facilities under the jurisdiction of the City;
(3) Administrative costs related to the
management of the Stormwater Management System;
(4) Management services such as permit review
and planning and development review related to the Stormwater
Management System; and
(5) Debt service financing of capital
improvements related to the Stormwater Management System.
SECTION 8: CODIFICATION
Specific authority is hereby granted to codify this
Ordinance.
SECTION 9: SEVERABILITY
If any part of this Ordinance is declared invalid by
a court of competent jurisdiction, such a declaration shall
not invalidate or impair the validity, force or effect of any
other part of this Ordinance.
SECTION 10: CONFLICTS
All Ordinances or parts of Ordinances in conflict
herewith are hereby superseded to the extent of said conflict.
SECTION 11: This Ordinance shall become effective
immediately upon adoption at its second reading.
PASSED FIRST READING THIS DAY OF 1993.
PASSED SECOND READING THIS 010''D YAYA OF 1993.
ATTEST:
�7
L . tE
YOR
C3ROL A. EVANS
CITY CLERK
I HEREBY, CERTIFY that ave approved
this 7rN7C A-s�o orm.
MITCHELL S . KRAFT
CITY ATTORNEY
MAYOR
DIST 1: 1
10 DIST. 2:_ C
DIST. 3:..0
DIST. 4:s
RECORD OF
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Temp. Reso. # 7221
CITY OF TAMARAC, FLORIDA
RESOLUTION NO. R-95- ., C
A RESOLUTION OF THE CITY COMMISSION
OF THE CITY OF TAMARAC, FLORIDA,
MODIFYING THE RATES, CHARGES AND
FEES APPLICABLE TO THE TAMARAC
STORMWATER MANAGEMENT UTILITY AS
ESTABLISHED IN RESOLUTION NO. R-93-
122; PROVIDING FOR CONFLICTS;
PROVIDING FOR SEVERABILITY; AND
PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, the City Administration has determined the need to revise the monthly
fee for residential, non-residential, and undeveloped property to ensure that sufficient
revenues exist to cover operating expenses and capital projects; and
WHEREAS, the City Commission of the City of Tamarac, Florida, has by adoption
of Ordinance No. 0-93-24 directed that it is necessary to set stormwater management utility
fee rates by Resolution; and
WHEREAS, it is the recommendation of the City Manager, Finance Director and
Public Works Director that the rate increase be approved; and
WHEREAS, the City Commission of the City of Tamarac, Florida deems it to be in
the best interests of the citizens and residents of the City of Tamarac.
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Temp. Reso. # 7221
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF
TAMARAC, FLORIDA:
SECTION 1: The foregoing 'WHEREAS" clauses are hereby ratified and confirmed
as being true and correct and is hereby made a specific part of this Resolution.
SECTION 2: The fee rate of $2-89 $4.00 per month is hereby adopted as being
the official fee for one Equivalent Residential Unit (ERU).
SECTION 3: The fee rate of $3-48 $6.36 per acre or fraction thereof is hereby
adopted as being the official fee for undeveloped property.
SECTION 4: A fee of $50.00 $55.00 shall be charged for the purpose of
administrative expenses incurred by the City in the processing of a petition for appeal of
discontinuance of utility services.
SECTION 5: This Resolution shall remain in force and effect until supplemented,
amended, repealed are otherwise altered.
SECTION 6: All resolutions or parts of resolutions in conflict herewith are hereby
repealed to the extent of such conflict.
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Temp. Reso. # 7221
SECTION 7: If any clause, section, other part or application of this Resolution is
held by any court of competent jurisdiction to be unconstitutional or invalid, in part or
application, it shall not affect the validity of the remaining portions or applications of this
Resolution.
SECTION 8: This Resolution shall become effective October 1, 1995.
PASSED, ADOPTED AND APPROVED this "� 7
ATTEST:
day of S �rl"fit r, , 1995.
1 -1
NORMAN ABRAMOWIT
MAYOR
CAROL A. EVANS, CAC,
CITY CLERK
I HEREBY CERTIFY that I RECORD OF COMMISSION VOTE
have approved this � •'AYOR ABRAMOWITZ
RESOLUTION as to orm. �i3T• � � V / M KATZ
?'13T. 2: COMM. MISHKIN
'ST. 3: COMM. SCHREIBER
DIST. 4: COMM. MACHEK
MITCHELL S. K FT
CITY ATTORNEY
stormwater/bma/sar
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