HomeMy WebLinkAboutCity of Tamarac Ordinance O-2013-005Temp. Ordinance # 2276
April 24, 2013
Page 1 of 20
CITY OF TAMARAC, FLORIDA
ORDINANCE NO, 05
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY
OF
TAMARAC, FLORIDA, AMENDING CHAPTER 229 ENTITL
ED
"UTILITIES," ARTICLE VI, ENTITLED "STORMWATER
MANAGEMENT UTILITY," TO AUTHORIZE THE COLLECTION F
O
THE STORMWATER MANAGEMENT UTILITY FEE (66FEE99) USING
THE UNIFORM ASSESSMENT COLLECTION ACT9 SECTION 197,3632
FLORIDA STATUTES ("ACT"); SPECIFICALLY AMENDING SECTION
22-2529 ENTITLED "DEFINITIONS," TO AMEND CERTAIN
DEFINITIONS AND DEFINE ADDITIONAL TERMS ASSOCIATED
WITH THE COLLECTION OF THE FEE USING THE PROVISIONS OF
THE ACT; AMENDING SECTION 22-2559 ENTITLED "BILLING,
PAYMENT, PENALTIES AND ENFORCEMENT" TO PROVIDE FOR
0
THE COLLECTION OF THE FEE USING THE ACT AND THAT THE
BILLING PROVISIONS OF THIS SECTION SHALL BE AN
ALTERNATIVE TO USING THE ACT; AMENDING SECTION 22-25 6,
ENTITLED"ADJUSTMENT OF FEES" TO LIMIT THIS SECTION TO
FEES COLLECTED BY MEANS OTHER THAN THE ACT • CREATING
SECTIONS 22-258 THROUGH SECTION 22-268 TO BE COLLECTIVELY
REFERED TO AS THE CITY OF TAMARAC STORMWATER UTILITY
FEE UNIFORM ASSESSMENT COLLECTION ACT ORDINANCE TO
ESTABLISH THE PROCEDURES FOR NOTICE AND ADOPTION F
O
THE ANNUAL STORMWATER MANAGEMENT UTILITY FEE ROLL
AND FOR CORRECTING ERRORS AND OMISSIONS9 PROVIDE THAT
THE FEES CONSTITUTE A LIEN ON ASSESSED PROPERTY
UPON
ADOPTION OF THE STORMWATER MANAGEMENT UTILITY FEE
ROLL, ESTABLISH PROCEDURES AND METHODS FOR THE
COLLECTION OF STORMWATER ASSESSMENTS AND ESTABLIS
H
THE PRIORITY, OF THE STORMWATER MANAGEMENT UTILITY
FEE LIEN OVER PRIOR RECORDED LIENS OR MORTGAGES
PROVIDING FOR SEVERABILITY• PROVIDING FOR CONFLICTS'
;
PROVIDING FOR CODIFICATION; AND PROVIDING FOR AN
EFFECTIVE DATE.
.,�.. .
!►Mi Walli
.
WHEREAS, pursuant to Chapter 22 of the City's Code of Ordinances the Cityhas
s been
charging property owners a Stormwater Utility Management Fee and collecting s -
.. g g such on City
issued utility bills; and,
Temp. Ordinance # 2276
April 24, 2013
Page 2 of 20
WHEREAS, Section 403.0893, Florida Statutes, authorizes the City to collect the
Stormwater Management Utility Fee using the Uniform Assessment Collection Act, which
enables the City to collect the Stormwater Management Utility Fees on an annual basis on
i property tax bills; and,
WHEREAS, on December 12, 2012, the City Commission adopted Resolution 2012 -
144 , commonly referred to as the "Intent Resolution," which initiates the City's use of the
Uniform Assessment Collection Act and expresses the City's intent to use the Uniform
Assessment Collection Act to collect the Stormwater Management Utility Fee commencing with
the Fiscal Year beginning on October 1, 2013 ; and,
WHEREAS, the City Commission of the City of Tamarac finds it is in the best interest
of the City to amend Chapter 22, and adopt the City of Tamarac Stormwater Utility Fee Uniform
Collection Act Ordinance, which will authorize the use of the Uniform Assessment Collection
Act to collect the Stormwater Management Utility Fee on an annual basis on the annual tax bills,
and provide for the process and procedure for doing so.
NOW, THEREFORE, BE IT ORDAINED BY THE COMMISSION OF THE CITY
OF TAMARAC, FLORIDA, THAT:
SECTION 1. Chapter 22, entitled "Utilities," Article VI, entitled "Stormwater
Management Utility," is amended as follows:
Sec. 22-251. — Short title.
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 except as is otherwise
herein provided.
Sec. 22-252. - 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
meanings given by common and ordinary use.
Annual .Fee Resolution means the Resolution described in Section 22-262 b 2 hereof,
gpl2roving a Stormwater Management Util,lity Fee Roll for a specific Fiscal Year.
Assessed Pro . er 1 I means all parcels of real 7r)roperty included on the Stormwater
Management Utility Fee Roll that receives a special. benefit from the Stormwater Improvements
and Stormwater Management System identified in an Annual Fee Resolution.
Capital
Cast means all
or any portion
of the expenses
that are
properly attributable to the
acquisition,
construction design,
installation
reconstruction
renewal
or replacement(including
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Temp. Ordinance # 2276
April 24, 2013
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demolition environmental miti ation and relocation of Stormwater Improvements under
generally accepted accounting rind les and including reimbursement to the City for an
moneys-, advanced for Ca ital Cost and interest on any interfund. or intrafun.d loan, for such
ur oses.
City shall mean the City of Tamarac.
Ci-q Maria er means the Chief Administrative Officer of the City or such person's
designee.
Cite Commission means the,,,,Citv Commission for the Cit .
Clergy: means the Citv Cler
such person's behalf.
or such other person as may be duly authorized to act on
Comprehensive Plan means the Comprehensive Plan adopted by the Citi
Chapter 163, Part IL Florida Statutes.
County means Broward County, Florida.
)ursuant to
Developed property shall mean any parcel which contains man-made impervious area.
Director shall mean the director of public services.
Equivalent Rresidential Unit (ERU) shall mean the statistical average impervious area
of residential property per dwelling unit within the city. The numerical value of one (1) ERU
shall be an impervious area that shall be adopted by the city commission by resolution.
Final Fee Resolution means the Resolution described in Section 22-262 a 3 hereof,
which shall confirm modify, or repeal the Initial Assessment Resolution and which. shall be the
final roceedin for the levy and collection of the Stormwater Management Utility Fee in the
initial year using the Uniform Assessment Collection Act.
Fiscal Year means the eriod commencing on October 1 of each year and continuin
throu-gh the next succeeding September 30. or such other period as may be nrescribed by 1 nw ne.
the fiscal year for the Cites
►vernment Pro
means
of Florida a soverei n state or nation a county,a s {
of their respective a encies or political subdivisions.
Initi
ial district, a munici-
Fee Resolution means the Resolution descri
which shall be the initial
iniz for the levy and collection of the
Utili
,!y Fee usin the Uniform Assessment Collection Act.
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of America, the State
corporation,
in Section 22-262 a 1 hereof
tormwater Man
ement
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April 24, 2013
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Impervious Aarea shall mean 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.
Nonresidential property shall mean property that is classified by the property appraiser
as land use types ten (10) through ninety-nine (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 uses, dormitories, hospitals, nursing homes, sanitariums,
recreational vehicle spaces, hotels and motels. Any property that contains both residential and
nonresidential facilities shall be treated as the type of property that will result in the larger
number of equivalent residential units (ERU's).
Obligations mean a series of bonds or other evidence of indebtedness including, but not
limited to notes commercial pgper, capital leases or an other obli ations of the Cit issued or
incurred to finance any portion of the Capital Cost of a Stormwater Improvement and secured, in
whole or in 12art, by proceeds of the Stormwater Management Utility Fees.
Ordinance means this Stormwater Ordinance as amended from time to time.
Preliminary Fee Resolution means the Resolution described in Section 22-262 b 1 that
initiates the levy and collection of the Stormwater Management Utili*!Y Fee in fiscal ears
subsequent to the initial ygar that the Stonmwater 1Vlana ement U., . . .... tility Fee is collected using the
Uniform Assessment Collection Act.
PMerty Appraiser means the Broward County Property Appraise
Residential property shall mean property that is classified by the property appraiser as
land use types zero 00 through eif&none 099 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= any property which has the majority use as a single-family residence including
condominiums and apartments.
Stormwater means the flow of water which results from, and which occurs following, a
rainfall event.
Stormwater Improvement means _land, capital facilities and i
provided to detain retain convey, or treat Stormwater.
)rovements acQui
r
Stormwater Improvement Area means the City, or any portion or pqrtions thereof as
identified in the Initial Fee Resolution encompassing those parcels of property specially
benefited by the construction, reconstruction, or installation of all. or anv portion of a Stormwater
Improvement that removes, detains, retains., or treats, in whole or inyart, the_Stormwater burden
ex ected to
be
eenerated by
the
physical characteristics
and use of the
Assessed
Property. Each
Stormwater
Improvement
Area
will
include
either
A
the
roperty
_which
is
hvdroloeically
connected, directly or indirectly, to the Stormwater Improvement; or (B) all DroDerty located
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Temp. Ordinance # 2276
April 24, 2013
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within a hydrologically defined area in which the City constructs one or more Stormwater
Improvements to correct existing deficiencies with respect to a specific level of service and
provide a consistent Level of Stormwater management.
Stormwater . management ,�s--ystem shall mean 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 such infrastructure
including waterways, consistent with the capital improvement and stormwater management
elements of the city's comprehensive plan.
A_ ► .
Stormwater .�Vl'anagement t motility .l�' ee
.rn
_ "Fee" means a fee im osed by.. the Cit within a Stormwater
�.
Service Area to fund the Stormwater Management System, the Capital Cost or the debt service
and related cost of Obligations issued to finance the costs of a Stormwater Improvement, and the
Stormwater Service Costs.
Stormwater .tV.1`anasxement Util its? Fee Roll means the roll created that includes all. parcels
within the City and their assigned Stormwater Management Utilit Fee relating to Stormwater
Improvements or Stormwater Management System a roved by a Final Fee Resolution or an
Annual Fee Resolution ursuant to Sections 22-262 A 4 and 22-262 B 3 hereof.
Stormvvate r Service Area means the geograhic area described in the Initial Fee
Resolution that encom-passes allparcels within. the City which specially benefit from. the
Stormwater Management Service and all parcels to which services from the Stormwater
Management System are provided.
Stormwater Service Cost means the estimated amount for _ any Fiscal Year of all
expenditures and reasonable reserves that are properly attributable to the Stormwater
Management Service rovided within the Stormwater Service Area under generally acce ted
accounting rind les including, without limiting the generality of the foregoing,reimbursement
to the City for anv moneys advanced for the Stormwater Management Service, and interest on
any inteafund or intrafund loan for such purpose.
Stormwater Utility means the entity that implements the Stormwater management
pro ., ram of the City.
Tax Collector means the Broward Countv Division. of Financial Mana ement which
performs tax collection duties in Broward. County.
T«x .Roll means the real,
d valorem tax assessment roll maintained by th
ADnraiser for the nurpose of the levy and collection of ad v
Undeveloped property
impervious areas.
shall mean any parcel
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orem taxes.
which does not contain man-made
11
Temp. Ordinance # 2276
April 24, 2013
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Uni 'onn Assessment Collection Act means Sections 197.3632 and 197.3635 Florida
Statutes, or any successor statutes authorizing the collection of non -ad valorem assessments on
the same hill as ad valorem taxes. and anv applicable reeulations promulgated thereunder.
Sec. 22-253. - 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
(3) Nonresidential property.
(b) The city manager or his designee shall obtain a list each year from the county
property appraiser of property within the city and shall assign each parcel a
classification of undeveloped property, residential property or nonresidential
property.
Sec. 22-254. - Schedule of rates.
(a) The stormwater management utility fee shall be
adopted
by resolution,
Commencing
on October 1, 2005, and effective on
October
1, of each year
thereafter, all
stormwater management utility fees then
in effect
will be adjusted
automatically,
without further action by the city commission, by the greater of three
(3) percent or
the U.S. Consumer Price Index as determined in June of the calendar
year of adjustment. The stormwater management utility
fee shall
be calculated for
each property
as follows:
(1) The fee for undeveloped property is a set rate based on acreage.
(2) The fee for residential property is the rate for one (1) ERU.
(3) The fee for nonresidential property is the rate for one (1) ERU multiplied by
the numerical factor. The numerical factor is obtained by dividing the total
impervious area in square feet of the nonresidential property by the square
footage for one (1) 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 (1) ERU).
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Temp. Ordinance # 2276
April 24, 2013
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(b) The
minimum fee
for property, whether
residential or nonresidential,
is equal to the
rate
for one ERU,
subject
to reduction
as
set
forth
in subparagraph
(c)
below.
(c) Facility credit:
(1) In order to encourage the improvement of the quality of stormwater runoff, 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 runoff 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 it is determined by the director that the
stormwater 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 (25) percent. The reduced fee will, therefore, be
calculated as the fee pursuant to the rate resolution multiplied by the factor of
0.75 (fee x 0.75).
Sec. 22-255. - Billing, payment, penalties and enforcement.
(a) The Stormwater Management Utility Fee may be collected using the Uniform
Collection Assessment Act pursuant to Sections 22-258 through 22-268 hereinafter•
or, alternatively, through billing as set forth in this Section.
(b) Should the
Cit not use
the
Uniform Collection Assessment Act to collect the
Stormwater
Management
Utility
Feel, it shall be collected as follows:
(1) 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. Unless exert ted by this Article all property shall
be subject to the fee.
(2) 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, the responsibility will be that of the
property owner of record.
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Temp. Ordinance # 2276
April 24, 2013
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(3) Any fee remaining unpaid on a property for ninety (90) days shall
constitute a lien in favor of the city against such property, and the city clerk is
authorized and directed to record a lien for such unpaid fee in the public records
of the county. Such lien shall be superior in dignity to any encumbrances on such
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.
(4) Statements for the stormwater management utility fee shall be payable at
the same time, in the same manner, and subject to the same penalties as they are
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 sewer bills
are 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 law relative to the discontinuance of such utility services.
(5) The owner of property that is not billed for water and/or sewer service by
the city shall be required to pay the city a stormwater management utility fee
deposit in an amount equivalent to one (1) year of fees for the property. The
deposit may be adjusted in accordance with any applicable fee credit as provided
for herein. If the 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 (1) year of utility fees.
6) Utility service may be discontinued pursuant to Section 22-127 of this
Code, as amended, for nonpayment of stormwater utility fees.
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 commission. 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:
a. Name, address and telephone number of the petitioner.
b. If not a single-family residence, location and name of the building,
structure or shopping center where the delinquent fee exists.
c. 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 commission for its consideration; and the petition
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Temp. Ordinance # 2276
April 24, 2013
Page 9 of 20
shall be accompanied by the written recommendation of the city manager. In the
event the waiver and exception are granted by the city commission, the city
commission shall cause a resolution to be issued, stating the terms and conditions
upon which the waiver has been granted. )
Sec. 22-256. - Adjustment of fees.
Any fee collected b the City by means other than the Uniform Assessment Collection
Act may be ad`usted. as follows.
(a) Any owner, tenant or occupant who has paid
against his property and who believes that the
limitations set forth in this section, submit
manager.
the stormwater utility fee assigned
fee is in error may, subj ect to the
an adjustment request to the city
(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 therefor stated in such
response.
(3) The rate of 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 denied, the applicant may, within thirty (30) days
of the receipt of the denial, petition for a review of the adjustment request by
the city commission. The city commission shall review the adjustment request
in accordance with the provisions set forth in this article 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
pp
the decision made by the city manager. Within sixty (60) days after the
applicant files the petition, the city commission 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 commission. If the petition is denied, the petitioner may
appeal to circuit court, provided such appeal is filed within thirty (30) days
after the commission 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
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Temp. Ordinance # 2276
April 24, 2013
Page 10 of 20
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 subsection (a) above. An increase or decrease in fee
shall not be retroactively effective more than one (1) year from the date of
adjustment.
Sec. 22-257. - 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:
(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.
Sec. 22-258. Collection of stormwater utility fee pursuant to the Uniform Assessment
Collection Act.
Sections 22-258 throu
22-268, shall be known as the Ci
of Tamarac Stormwater
Mara ement Utility Fee Uniform Assessment Collection Act Ordinance referred to as the
g
"Ordinance".
Secti
22-259. Gene
and l
ative findi
It is hereby, ascertained, determine
(a)
and d ecl
that:
Pursuant to Article V III Section 2 b Florida Constitution and Sections 166.021
and 1.66.041 Florida Statutes the Cit has all powers of local. self-government to
perform municipal functions and render municipal services except when prohibited
by law, and such power may be exercised by the enactment of le illation in the
form of City ordinances.
Page 10 of 20
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Temp. Ordinance # 2276
April 24, 2013
Page 11 of 20
(b) The C,itv Commission may exercise any Rovernmental co orate or proprietary
power for a municipal vMose except when expressly rohibited by law, and the
Cl*.tv Commission may legislate an any subject matter on which the Florida
Leizislature mav act except those subjects described in(a),----(b),cand d of
Section 166.021 3 Florida Statutes. The subject matter of parajzrvhs a b c
and (d of Section .166.021 3 Florida Statutes are not relevant to the imposition of
Stormwater Management Utility Fees bv the City.
(c) The purpose of this Ordinance is to 1.provide procedures and standards for the
iin osition of Stormwater Management Utility Fees under the constitutional and
statutorypower of the City 2 authorize a rocedure for the fundin of Stormwater
Management System, facilities or programs, provided to properties within the
Stormwater Service Area; and 3 leRislatively determine the special benefit
provided to Assessed Property from the Stormwater Utilit .
(d) The Florida Le islature has mandated that local governments in the State of Florida
including the Citv, have the responsibility for developing mutually compatible
Stormwater management proerams consistent with the rules and regulations of the
Florida Department of Environmental Protection the Federal Clean Water Act and
the water management districts and the Stonnwater management programs
established and maintained by other local. governments.
(e) The Stormwater Management Utility Fees levied and collected hereby are consistent
with the authority ranted in Section 403.0893 Florida Statutes. That statutar
provision is additional and supplemental authority to the constitutional and statutor
power of self- overnment ranted to a munici alit .
(f} It is hereby ascertained and declared that the Stormwater Utility,the Stormwater
Management System, and the Stormwater Improvements provide a special benefit to
the Assessed Property based upon the following legislative determinations:
(1) The Stormwater Utility possesses
a logical
relationshipto
the use and
en.iayment
of
all
Develo-tied
DroDerty
by treating
and
controlling
contaminated
Stormwater generated -by improvements constructed on Developed propert
which resulted in the alteration of such property from its natural state to
accommodate such improvements.
(2) The
and
)ecial benefit received by Assessed
treatment of the Stormwater
Developed Fro ert .
(3) S
by the
Tally all of the Stormwater burden
tormwater Utili
f Stormw
controll
ater genera
and treated
is gen
by Di
bvthe S
enerat
ted by Develo
i is the control
ed by the imp
rent_ s on
ed,_ controlled, and treater
nd the amount
� in its natural state that ii
rmwater Ut1 11
Page 11 of 20
is inconseauentlal.
Temp. Ordinance # 2276
April 24, 2013
Page 12 of 20
(4) The City has adopted the Infrastructure Element of the Co m rehensive Plan
which sets forth goals that make it necessary and essential to construct
improvements and extensions to the existing Stormwater system so the
collection storage., treatmenti. and conveyonce of Stormwater within the Cit
adequately protects the health, safety, and welfare of the citizens of the City.
The creation and maintenance of 'the Stormwater Utility is desi ned to
implement the Stormwater sub -element of the Infrastructure Element and
other municipal, federal, and state policies mandating Stormwater
managementprograms by local governments.
Section 22-260. Use of Stormwater utility fees collected through the Ordinance.
The. Citv Commission intends to fund the cost of providin
for the Stormwater mana;
ment s
,AMA MA k MVA1.n
services and capital facilities
tem throuW the Stormwater Management Utility Fee
TbP Cit
Commission has further concluded that
iodic
----- - --- ---- - --
determination of revenues earned and expenses incurred in connection with the provision of
services and capital facilities for the Stormwater management system. will enhance accountability
and management control of the City 's Stormwater Utility and will facilitate implementation of
the City,Commission's funding policy for the Stormwater management system. Accordin 1
proceeds of the Stormwater Management Utility Fee shall be used for payment of the
Stormwater Service Cost the a ment of the Capital Cost of Stormwater Improvements, and the
navment of debt service on obligations issued to finance Stormwater Improvements.
Sec. 22-262. Levv and collection of stormwater utility fees ursuant to the Uniform.
Assessment Collection Act.
(a) Initial fiscal ear.
(1) The initial
Fee usinR the Uniform Assessment Collection Act shall be the Cit
Commission's adoption of an Initial Fee Resolution. The Initial Fee
Resolution shall (A) describe the Stormwater Improvement or Stormwater
management Service Proposed for funding from the proceeds of the
Stormwater Management Utilit Fees• B estimate the Capital Cost or
Stormwater Service Cost; (C) describe with particularity the proposed method
of gpportioniniz the Capital Cast or Stormwater Service Cost among the
parcels of property located within the Stormwater Service Area, --such that the
owner of any parcel of property an objectively determine the amount of the
Stormwater Mana ement Utility Fees based upon its value use or vhysical
characteristics • Dset forth the date time and location for the Cit
Commission to consider ublic comments on the adoption of the Final Fee
for collection of the Stormwater Management Utili
Resolution; E direct the requisite
notice be rovided to affected
property
owners for a ublic hearingto
,,adopt
the Final .Fee Resolution; and F
include
specific leizislatiye findings
that
recognize
the equity provided
by the
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Temp. Ordinance # 2276
April 24, 2013
Page 13 of 20
avoortionment methodology,and specific legislative findings that recognize
the special benefit provided.by the Stormwater Management Service. At its
o tion. the Citv Commission may adopt separate Initial Fee Resolutions for
the Stormwater Management Utility Fee and each separate Stormwater
Management Utility Fee.
(2) The City Manager shall pre -pare, or direct the
aration of. a nrelimi
_ ....___--------
Stormwater Management Utilitv Fee Roll that contains the followin
information.:
(A) a summary description of each parcel of proverty (conform to
the description contained on the Tax Roll subject to the
Stormwater Mana ement Utility Fee;
(B) the name of the owner of record of each arcel as shown on the
Tax Roll•
(C) the number of ERUs attributable to each. parcel;
(D) the estimated maximum Stormwater Management U,,,,,,,,tl*lity Fee to
become due in the Fiscal Year for each ERU;
(E) the estimated maximum Stormwater Management Utility Fee to
became due in the Fiscal Year for each parcel; and
(F) at the option of the City Commission the Stormwater Management
Utility Fee Roll may also include the estimated maximumm. annual
Stormwater Mana ement Utility Fee to become due in an future
Fiscal Year for each ERU and each parcel.
(G) at the..,,,ol2tion of the City Commission. for delinquent arcels the
un aid Stormwater Utility Manaizement Fees includin
delin uency charges,interest and penalties, incurred prior to the
use b the City,of the Uniform Assessment Collection Act.
(3) Copies of the Initial
Fee
Resolution
and
the
preliminary Stormwater
Management
Utility
Fee
Roll
shall be on
file
in the
office of the Citv Clerk
anal o en to ublic ins ection. The foregoing shall not be construed to reauire
the Stormwater Manaizement Utility Fee be in
of the Stormwater Mana
determined
inted form if I
ie amount
i can be
use of a computer terminal available for use by the public
ment Utility Fee for each Darcel of
(4) At the time named in the notices or such time to which an ad' ournment or
continuance may be taken the Citv Commission. shall conduct public
hearing to receive written objections and hear testimony of interested persons
Page 13 of 20
Temp. Ordinance # 2276
April 24, 2013
Page 14 of 20
and may then or at any subsequent meeting of the City Commission ado t
the Final Fee Resolution which shall A confirm modify, or repeal the Initial
Fee Resolution with such amendments, if any, as may deemed appropriate
b the CityCommission; B approve the Stormwater be
Management Utility Fee
Roll with such amendments as it deems Just and right-, and C determine the
method of collection. All objections to adoption of the Final Fee Resolution
shall be made in writing,and filed with the Clerk at or before the time or
adjourned time of such hearin . The City shall piovide notice of the public
hearing in accordance with Section 22-263.
Le�vv of -Fee in subsec
t years. _In_ years subsequent to the initial year using the
Uniform. Assessment Collection
Act:
the process
for the levy and collection of the
Stormwater Management
U,
tility
Fees
shall
be as follows:
(1) The CityCommission shall adopt a Preliminar Fee Resolution which shall
include:
(A.) A brief description of the Stormwater Management System.
rovided b the Cit •
(B) The amount of the cost of the Stormwater. Management System. to
be assessed upon specially benefited proverties within the Cit •
(C) Setting forth the date, time and location for the City Commission.
to consider ublic comments on the adoption of the Annual Fee
Resolution;
(D) Directing the City Manager, or his or her designee, to update the
Stormwater Management Utility Fee Roll; and
(E) Directing the
requisite
notice be
provided to
affected
property
owners fora public
hearing to ado
t the Annual
Fee Resolution.
2) Copies of the Preliminary Fee Resolution and the Dreliminary Stormwater
Management Utility Fee Roll shall be on file in the office of the City Clerk
and open to public inspection. The foregoing shall not be construed to re wire
that the Stormwater Mana ement Utility Fee Roll be m* printed form if the
amount of the Stormwater Management Utility Fee for each parcel of property
can be determined bv use of a computer terminal available for use by the
public.
During its budget adoiption process, the Citv Commission shall adot)t an
Annual Fee Resolution-. The Final Fee Resolution shall constitute the Annual
Fee Resolution, for the initial Fiscal Year. The Annual Fee Resolution shall
approve the Stormwater Management Utilit Fee Roll for such Fiscal Year.
Page 14 of 20
Temp. Ordinance # 2276
_ --- - but .not .limited to the a ortionment
n.-lethodolo the rate of assessment the adoption of the Stormwater Management
Utility Fee Roll, and the levy and lien of the Stormwater Management Utility-
tilit Fees
unless proper steps are initiated in a court of competent jurisdiction to secure relief
within twenty days from the date of City Commission adoption of the Final or
Annual Fee Resolution. The Stormwater Management utility Fees for each Fiscal
Year shall, be established. upon adoption of the Annual. Fee Resolution. The
Stormwater Management Utility Fee .Roll as,,,approved by the Final Fee Resolution
or Annual Fee Resolution shall be delivered to the Tax Collector or such other
official as the CAY Commission by Resolution deems a ro riate.
d U on adoption of the Annual Fee Resolution for each Fiscal Year
_- Stormwater
Ma".aement'Utility Fees to be collected -under the Uniform Assessment Collection
Act shall constitute a lien against- Assessed Pro ert e ual in rank and dignity with
the liens of all state count district or -municipal taxes and other non -ad valorem.
assessments. Except as otherwise'Provided b v .law, such lien shall be superior in
dignity,,to all other prior liens titles and claims until aid. The lien shall be deemed
perfected upon adoption by the City Commission of the Annual Fee Resolution and
shall attach to the pro
April 24, 2013
Page 15 of 20
The Stormwater Mana ement Utility Fee Roll shall be prepared in accordance
with the Preliminar Fee Resolution as confirmed or amended by the Annual
Fee Resolution. The City shall provide notice to the owners of ctich nrnne.rty
in accordance with Section 22-263 hereof and conduct a ublic hearing, prior
to adoption of the Annual Fee Resolution provided that should the City use
the Uniform Assessment Collection Act a ublic hearing is necessary onl.
when such is required under the Uniform Assessment Collection Act. Failure
to adopt an Annual Fee Resolution during the budget adoration process for a
Fiscal Year may be cured at any time.
c) The ad
Lion of the Final Fee Resolution or Annual Fee Resolution shall be the final
adjudication of the issues
resented (in.cludin.
included on. the Stornn.water Management Utili
Roll as of the Prior January 1 the lien date for ad valorem taxes.
Fee
e Upon ad.g tion of the .A.n.nual Fee Resolution, Stormwater Management Utility Fees
to be collected under the alternative method of collection provided in Section 22-
255 hereof shall constitute a lien against Assessed Property e ual in rank and
dimity with the liens of all state countv, district or municipal taxes and other non -
ad valorem assessments. Except as otherwise provided by law, such lien shall be
superior in di nity to all other prior .liens, titles and claims, until maid. The lien shall
be deemed
on the date notice thereof is recorded in the Official Re
Broward County, Florida.
Sec.22-263. Notice.
(a) .notice by publication.
Page 15 of 20
of
Temp. Ordinance # 2276
April 24, 2013
Page 16 of 20
When a public hearing ,is required under the Uniform Assessment Collection Act the
City Manager shall cause to be published once in a news a er of general circulation within the
City a notice stator* that a public hearing of the City Commission will. be held on. a certain da
and hour, not earlier than twenty 20 calendar days from such publication, at which hearing the
City Commission will receive written comments and hear testimony from all interested ersons
regarding adoption. of the Final or Annual Fee Resolution. and approval. of the Stormwater
Management Utility Fee Roll. The form of the published notice shall conform to the
requirements set forth in the Uniform Assessment Collection Act for pulposes of the Stormwater
Management Utility Fees.
(b) Notice by mail.
When a public hearin is re uired under the Uniform Assessment Collection Act the
City Manager shall cause to be provided notice of the proposed Stormwater Management Utility
Fees 'by mail to the owner of each parcel of property subject to the Stormwater Management
UtilityFees. The form of such notice shall conform to the re uirements set forth in the Uniform
Assessment Collection Act The notice shall be mailed bv either first class mail or by use of the
Annual Truth in Millage Notices, at least twenty (20) calendar days prior to the hearing to each
property owner, at such address as is shown on the Tax Roll at the time the notices are prepared
for mail in . Notice shall be deemed mailed upon delivery thereof to the possession of the U.S.
Postal Service. Failure of the owner to receive such notice due to mistake or inadvertence shall
not affect the validity of the Stormwater Management Utility Fee Roll nor release or discharge
any obligation for the payment of a Stormwater Management Utility Fee im osed by the Cit
Commission pursuant to this Ordinance.
Sec. 22-264. Method of _collection of Stormwater Management Utility Fees.
(a) Unless directed otherwise by the City Commission Stormwater Management Utilit
Fees shall be collected pursuant to the Uniform Assessment Collection Act and this
Ordinance and the City shall. comply with all. applicable vrovisions thereof. An
hearing or notice required by this Ordinance may combined with any other
hearing or notice re uired by the Uniform Assessment Collection Act. In lieu of
using the Uniform. Assessment Collection Act the City may collect the Stormwater
Management Utility Fee through, Section 22-255 or by any other method which is
authorized by law.
(b) The Ci
11 have the riali.t
ien for unpaid Stormw;
Utility Fees in the public records of Broward County, Florida.
enlent
(c) The City shall have the right to,,,,gppoint or retain an agent to foreclose and collect all
delinquent Stormwater Management Utility Fees in the manner Provided bY law.
41
All costs, fees and expenses, including reasonable attorney fees and title search
expenses related to any foreclosure action as described herein shall be included in
any judgment or decree rendered therein. At the sale pursuant to decree in any such
action, the City may be the purchaser to the same extent as an individual person or
Page 16 of 20
Temp. Ordinance # 2276
April 24, 2013
Page 17 of 20
cO oration. The City may `join in one foreclosure action the collection of
Stormwater Management Utility Fees ,against any or all property assessed in
accordance with the Provisions hereof. All delinciuent vroverty owners whose
provegy is foreclosed shall be liable for an_gpl2ortioned amount of reasonable costs
and expenses incurred by the Cit and its a ents including reasonable attorneyfees
in collection of such delinquent Sto.rnnwater Management Utifitv Fees and -any other
costs incurred by the City as a result of such delinquent Stormwater Management
Utility Fees including, but not limited to costs paid for draws on a credit facilit
and the same shall be collectible as a art of or in addition to the costs of the action..
(d) In lieu of foreclosure -any delinquent Stormwater Management Utill,fty Fee and
costs fees and expenses attributable thereto may be rolled into the Fee for such
parcel in a subse uent fiscal year.
(e) In lieu Of foreclosure any delinquent Stormwater Mana ement Utility Fee and the
costs fees and expenses attributable thereto may be collected pursuant to the
Uniform Assessment Collection Act; movided however, that 1 notice is -Provided
to the owner in the manner reciuired b law and this Ordinance-, and 2 any exi.stin
lien of record on the affected parcel for the delinquent Stormwater 'Management
Utility Fee is su lanted by the lien resulting from certification of the Stormwater
Management Utility Fee Roll to the Tax Collector.
Sec. 22-265. Collection of Storm -water Management Utility Fees from government
ro ert .
(a) City -owned Property. Unless directed otherwise by the.,,,,City Commission the Cit
will be responsible for its Stormwater Management Utility Fee. Evidence of
a meat for such mav be bv a transfer of Citv funds into the Stormwater Utilit
Fund.
(b) Government
PMerty
owned
bv
a Government
entit other
than
the City.
Government
Property
located
in
the
City owned by a
izovernmental
entity
ether than
the City shall be exem
required b law.
T. 22-266. Revisions to �
(a) If any Storm.w�
yrovisions Of thi
aside by the 1
from the Stormwater Manaaement Util i
)rmwater Mana
_meat Utility Fees.
Fee to the extent
�r Management Utility Fee levied and. collect
Ordinance is either in whole or in
_ t of any court or if the Citv CO
such Stormwater Man nement Util i
t be enforced or
proverty on th
included_ the
Stormwater M
C_i
Fee is so irre
annull
. under th(
vacated or set
ission is satisfied that an
ar or defective that the
llected, or if the City Commission has failed to incl
tormwater Mana ement Utility Fee Roll that sho
Commisslon ma
ement Utili
eall. n
Fee aizainst anv such
Page 17 of 20
d have
stevs to im
ime
a.�
ISO
a new
followine as near]
Temp. Ordinance # 2276
April 24, 2013
Page 18 of 20
as may be practicable, the provisions of this Ordinance and in case such second
Stormwater Management Utility Fee is annulledl the City Commission may obtain
and impose other Stormwater Management Utility Fees until. a valid Stormwater
Management Utility Fee is imposed.
(b) Any irregularityiffegularity in
the proceedings
in connection with the levy
of any
Stormwater
Management
'Utility
Fee
under
the
provisions of
this
Ordinance
shall
not affect the
validit of the same after the a roval thereof, and any Stormwater Management
Utility Fee as finally approved shall be competent and sufficient evidence that such
Stormwater Management Utility Fee was duly levied that the Stormwater
Management Utility Fee was duly made and adopted, and that all other proceedin s
adequate to such Stormwater Management Utility Fee were duly had taken and
performed as required by this Ordinance; and no variance from the directions
hereunder shall be held material unless it be clearly shown that the art objecting
was materially injured. thereby. Notwithstanding the provisions of this Section 22-
266, any partyobjectinR to a Stormwater Management Utility Fee imposed pursuant
to this Ordinance must file an objection with a. court of competent jurisdiction
within the time periods prescribed in Section 22 - 262(c) of this Ordinance,
(c) No act of error or omission on the part of the City Commission City Manager,
Property Appraiser, Tax Collector, City Clerk, or their respective deputies,
em to ees or designees, shall operate to release or dischar e anv obligation for
payment of any Stormwater Management Utility Fee imposed bv the Cit
Commission under the provisions of this Ordinance.
(d) The number of ERUs attributed to a parcel of -property may be corrected. Any such
correction which reduces a Stormwater Management Utility Fee shall be considered
valid from the date on which the Stormwater Mana ement Utility Fee was imposed
and shall in no way affect the enforcement of the Stormwater Mana ement Utilit
Fee imposed under the provisions of this Ordinance. Any such correction which
increases a Stormwater Mana ement 'Utility ee or imposes a Stormwater
Management Utility Fee on omitted property shall first require notice to the affected
owner in the mamier described in Section 22.263(b) hereof., Providin the date time
and place that the City Commission will consider confirminiz the correction and
offering the owner an opportunity to be heard.
(e) The City Commission may rovide by Resolution each year a process for
considering miti ation or exemptions of parcels from the Stormwater Management
Utility Fee based on criteria established in such Resolution.
(f) After the Stormwater Management Utifitv Fee Roll has been delivered to the Tax.
Collector, any changes, modifications or corrections thereto shall be made in
accordance with the.procedures a licable to errors and insolvencies for ad valorem
taxes.
Page 18 of 20
Temp. Ordinance # 2276
April 24, 2013
Page 19 of 20
This Ordinance and the City's authority to impose Stormwater Management Utility Fees
pursuant hereto shall be applicable throughout the City.
Sec. 22-268. Alternative method.
This Ordinance shall be deemed to provide an additional and alternative method for the
doing of the things -authorized hereby and shall be regarded as supplemental and additional to
powers conferred by other laws, and shall not be regarded as in derogation of any powers now
existing or which may hereafter come into existence. This Ordinance, being necessary for the
welfare of the inhabitants of the City, shall be liberally construed to effect the purposes hereof.
SECTION 2, CODIFICATION. It is the intention of the City Commission that the provisions
of this Ordinance shall become a part of the City's Code of Ordinances, as amended. The
provisions of this Ordinance may be renumbered or re -lettered and that the word "ordinance"
may be changed to "section," "article" or other appropriate word to accomplish such intention.
SECTION 3. SEVERAB ILITY. The provisions of this Ordinance are severable, and if any
section, subsection, sentence, clause or provision is held invalid by any court of competent
jurisdiction, the remaining provisions of this Ordinance shall not be affected thereby.
SECTION 4. CONFLICTS. All ordinances or parts of ordinances, resolutions or parts of
resolutions, in conflict herewith are hereby repealed to the extent of such conflict.
SECTION 5, EFFECTIVE DATE. This Ordinance shall become effective as provided by law.
Page 19 of 20
Temp. Ordinance # 2276
April 24, 2013
Page 20 of 20
.
PASSED, FIRST READING this day of , 2013.
o�
PASSED, SECOND READING this day of aw 92013.
BY:
ATTEST:
PATRICIA TEUF1
INTERIM CITY C
CMC,
I HEREBY CERTIFY that
I have approved this
ORDINANCE as to form:
S AMUEL S . GORE
CITY ATTORNEY
ISCO
RECORD OF COMMISSION VOTE: 1ST Reading
MAYOR TALAB IS CO
DIST 1: COMM BUSHNELL
DIST 2: COMM ATKINS-GRAD
DIST 3 : COMM GLAS SER
DIST 4: V/M DRESSLER
RECORD OF COMMISSION VOTE: 2NDReading
MAYOR TALAB IS CO
DIST 1: COMM BUSHNELL
DIST 2: COMM. ATKINS-GRAD
DIST 3 : COMM GLAS SER
DIST 4: V/M DRESSLER
Page 20 of 20