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HomeMy WebLinkAboutCity of Tamarac Resolution (228)August 2, 2002 — Temp. Reso. 9854 Page 1 of 3 Revision #1 August 22, 2002 CITY OF TAMARAC, FLORIDA RESOLUTION NO. R-2002-228 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF TAMARAC, FLORIDA, MODIFYING THE FEES APPLICABLE TO THE TAMARAC STORMWATER MANAGEMENT UTILITY AS ESTABLISHED; PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, pursuant to Resolution No. R-93-122, the City Commission established a monthly fee for residential, non-residential and undeveloped property to pay for stormwater management utility based on a mean statistical average impervious area called Equivalent Residential Unit, ERU, of 1,830 square feet; and WHEREAS, pursuant to Resolution No. R-95-209, this stormwater fee was increased to meet the anticipated requirements of National Pollutant Discharge Elimination Systems (NPDES), permit required by Environmental Protection Agency, EPA; and WHEREAS, the Stormwater Utility Fund pays for programs such as canal maintenance, street sweeping, certain ground maintenance, roadside swale regrading and certain capital projects; and WHEREAS, during the City's Seven Year Comprehensive Street Improvement Program, it was identified that City's stormwater infrastructure is under -designed at several locations and must be upgraded; and WHEREAS, it was also identified that the City -maintained three pump stations abutting the C-14 primary canal have severely deteriorated in performance and efficiency and are in need of replacement having not been replaced in approximately 30 years; and WHEREAS, due to the combined need for several stormwater capital projects, replacement of eight (8) pumps at three pump stations, increased cost allocation to the General Fund, and increased cost of canal maintenance, it is necessary to raise the stormwater management utility fee; and August 2, 2002 — Temp. Reso. 9854 Page 2 of 3 Revision #1 August 22, 2002 WHEREAS, Section 22-254 (a) of the City Code allows the stormwater management fee to be adopted by resolution; and WHEREAS, Section 22-255 (g) of the City Code allows the administrative expenses incurred by the City in the processing of a petition for appeal of discontinuance of utility services to be adopted by resolution; and WHEREAS, it is the recommendation of the City Manager, Director of Public Works and Director of Finance that the stormwater fee be increased; 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 to increase the stormwater fee. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF TAMARAC, FLORIDA, THAT: SECTION 1: The foregoing "WHEREAS" clauses are hereby ratified and confirmed as being true and correct and are hereby made a specific part of this resolution. SECTION 2: The monthly fee of $4.09 $6.00 is hereby adopted as being the official fee for one Equivalent Residential Unit (ERU). SECTION 3: The monthly fee of $6.39 $9.54 per acre or fraction thereof is hereby adopted as being the official fee for undeveloped property. SECTION 4: A fee of $FiFz- 00 $82.50 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 be in force and effect until supplemented, amended, repealed are otherwise altered. 1 1 August 2, 2002 — Temp. Reso. 9854 Page 3 of 3 Revision #1 August 22, 2002 SECTION 6: All resolutions or parts of resolutions in conflict herewith are hereby repealed to the extent of such conflict. 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 immediately upon its passage and adoption. PASSED, ADOPTED AND APPROVED this 28th day of August, 2002. ATTEST: Marion Swenson, CMC City Clerk I HEREBY CERTIFY that I have approved this RESOLUTION as to fo MITCHELL S. CITY ATTOF f JOE SCHREIBER MAYOR RECORD OF COMMISSION VOTE MAYOR SCHREIBER AYE DIST 1: V/M PORTNER AYE DIST 2: COMM. MISHKIN AYE DIST 3: COMM. SULTANOF AYE DIST 4: COMM. ROBERTS ABSENT