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96-21923 RESO RESOLUTION NO. 96-21923 A RESOLUTION OF THE CITY OF MIAMI BEACH, FLORIDA; NOTIFYING THE BOARD OF COUNTY COMMISSIONERS OF METROPOLITAN DADE COUNTY AND THE DIRECTOR OF THE METROPOLITAN DADE COUNTY DEPARTMENT OF ENVIRONMENTAL RESOURCES MANAGEMENT THAT IT WISHES TO EXERCISE ITS OPTION TO EXEMPT THE CITY OF MIAMI BEACH FROM THE PROVISIONS OF ORDINANCE 91-66; PROVIDING FOR TRANSMISSION AND EFFECTIVE DATE. WHEREAS, on June 18, 1991, The Board of County Commissioners of Metropolitan Dade County adopted Ordinance 91-66, establishing a countywide stormwater utility; and, WHEREAS, on October 17,1995, The Board of County Commissioners of Metropolitan Dade County adopted Ordinance 95-195, amending Section 24-61.2 of the Code of Metropolitan Dade County, Florida relating to applicability of Metropolitan Dade County Stormwater Utility and providing for exemption from applicability for certain municipalities; and, WHEREAS, the City of Miami Beach wishes to exercise its option to be exempted from the provisions of Ordinance 91-66; NOW THEREFORE BE IT RESOLVED BY THE MAYOR AND COMMISSIONERS OF THE CITY OF MIAMI BEACH, DADE COUNTY, FLORIDA, AS FOLLOWS: Section 1. The City of Miami Beach hereby notifies the Board of County Commissioners of Metropolitan Dade County and the Director of the Metropolitan Dade County Department of Environmental Resources Management that it wishes to exercise its option to exempt the City of Miami Beach, Florida from the provisions of Ordinance 91-66. Section 2. The City of Miami Beach hereby commits to implement applicable provisions of Section 403.0893 (1) (2) or (3), as amended from time to time on or before January 1, 1997. The City of Miami Beach reserves the right, pursuant to Section 24-61.2 of Ordinance 91-66 to void this exemption by request to the Board of County Commissioners of Metropolitan Dade County. 1 Section 3. The Clerk of the City of Miami Beach is hereby directed to file a certified copy of this Resolution with the Clerk of the Board of County Commissioners and with the Director of the Metropolitan Dade County Department of Environmental Resources Management. Section 4. This Resolution shall become effective upon its adoption. PASSED AND ADOPTED THIS ,1996. ATTEST: Ro~+ e~~ City Clerk VOA\RDR c:\rdr\res\swu96.mb FORM APPROVED LEGAL DEI?T. By 111 ~ Date _5; --I I ....c~ k -,~-",. .~..- 2 CITY HALL 1700 CONVENTION CENTER DRIVE MIAMI BEACH FLORIDA 33139 CITY OF MIArVlI BEACH COMMISSION MEMORANDUM NO. I <J ~- q ~ TO: Mayor Seymour Gelber and Members of the City Commission DATE: March 20, 1996 FROM: Jose Garcia_pedrosat City Manager A RESOLUTIO OF THE CITY OF MIAMI BEACH, FLORIDA; NOTIFYING THE BOARD OF COUNTY COMMISSIONERS OF METROPOLITAN DADE COUNTY AND THE DIRECTOR OF THE METROPOLITAN DADE COUNTY DEPARTMENT OF ENVIRONMENTAL RESOURCES MANAGEMENT THAT IT WISHES TO EXERCISE ITS OPTION TO EXEMPT THE CITY OF MIAMI BEACH FROM THE PROVISIONS OF THE METROPOLITAN DADE COUNTY STORMW ATER UTILITY ORDINANCE. SUBJECT: ADMINISTRATION RECOMMENDATION That the City Commission authorize a Resolution notifying the Board of County Commissioners of Metropolitan Dade County and the Director of the Metropolitan Dade County Department of Environmental Resources Management that it wishes to exercise its option to exempt the City of Miami Beach from the provisions of County Ordinance 91-66. BACKGROUND Section 403.0893, Florida Statutes, authorizes the establishment of stonnwater utilities for construction, operation and maintenance of stonnwater management systems to collect, convey, store, absorb, inhibit, treat, use or reuse water, prevent or reduce flooding, environmental degradation and water pollution. On June 18, 1991, the Board of County Commissioners of Metropolitan Dade County adopted Ordinance 91-66, establishing a countywide stonnwater utility. On September 2, 1992, the City of Miami Beach adopted Resolution No. 92-20579, which authorized the execution of an Interlocal Agreement with Metropolitan Dade County Stonnwater Utility by and through the County's Department of Environmental Resources Management. The Interlocal Agreement establishes relationships and responsibilities for planning, control, operation, construction, maintenance, repair, and enhancement of stonnwater systems located within the limits of the City. AGENDAITEM~ DATE 3-2.0-q~ COMMISSION MEMORANDUM PAGE 2 MARCH 20, 1996 In June of 1993, the City of Miami Beach, under the umbrella of the Metropolitan Dade County Stormwater Utility, commenced the billing and collection of Stormwater Utility fees. The City's consultant for the Comprehensive Stormwater Management Program, CH2M Hill Inc., has submitted a draft master plan report which includes a five year plan for fiscal implementation of required stormwater management improvements in parts of the City which have been identified as the highest priority areas. In order to fmance the proposed improvements, a Fiscal Year 1996 Stormwater Utility Bond Issue is planned. However, Bond Counsel has determined that for the Bonds to be issued, ownership of the stormwater management system must be clearly identified, therefore, the City of Miami Beach must implement a Stormwater Utility separate from the Metropolitan Dade County Stormwater Utility. No financial impact is expected as a result of the creation of an independent Stormwater Utility . On October 17,1995, The Board of County Commissioners of Metropolitan Dade County adopted Ordinance 95-195, amending Section 24-61.2 of the Code of Metropolitan Dade County, Florida allowing for exemption from the provisions of the Metropolitan Dade County Stormwater Utility Ordinance for municipalities. CONCLUSION It is recommended that the City Commission authorize the attached Resolution. JGP/JPNOAlRDR Attachments C:\RDRICMlSWUj6.MB