2017-4145 Ordinance Stormwater Rate Ordinance
ORDINANCE NO. 2017-4145
AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF
MIAMI BEACH, FLORIDA, AMENDING THE CODE OF THE CITY OF MIAMI
BEACH, FLORIDA, AMENDING ARTICLE IV. - FEES, CHARGES, RATES
AND BILLING PROCEDURE; DIVISION 1. — GENERALLY; SEC. 110-171. —
RATE INDEXING; AND "APPENDIX A — FEE SCHEDULE" TO AMEND THE
STORMWATER FEE SCHEDULE TO INCLUDE AN ADJUSTMENT FOR
CONSUMER PRICE INDEX (CPI); PROVIDING FOR REPEALER,
SEVERABILITY, CODIFICATION, AND AN EFFECTIVE DATE.
WHEREAS, the City of Miami Beach has the authority to enact laws which promote the
public health, safety and general welfare of its citizens; and
WHEREAS, the City Code of Ordinances contains fees for stormwater, and other
services to cover the costs of implementing the regulations contained therein; and
WHEREAS, to properly fund the City's stormwater management program, the City seeks
to amend Chapter 110, Section 110-171, and Appendix A, "Fee Schedule," to codify the
Consumer Price Index (CPI), to allow for the cost of inflation in calculating the stormwater fee so
that the City's program does not become deficient, and to ensure rate stabilization consistent
with the cost of providing service; and
WHEREAS, the proposed change to the stormwater fee went to the July 28, 2017
Finance and Citywide Projects Committee at which time the Committee recommended approval
of the proposed CPI amendment; and
WHEREAS, the amendments set forth below are necessary to accomplish the above
objectives.
NOW THEREFORE, BE IT ORDAINED BY THE MAYOR AND CITY COMMISSION OF
THE CITY OF MIAMI BEACH, FLORIDA:
SECTION 1. Chapter 110, entitled "Utilities," Article IV entitled "Fees, Charges, Rates And
Billing Procedure", Division 1, entitled "Generally," at Section 110-171, entitled "Rate Indexing,"
of the Code of the City of Miami Beach is hereby amended as follows:
CHAPTER 110
UTILITIES
ARTICLE IV. - FEES, CHARGES, RATES AND BILLING PROCEDURE
DIVISION 1. - GENERALLY
Sec. 110-171. — Rate indexing.
(a) Water and sewer rates. Except as otherwise provided in this subsection, the monthly user rates
established in subsections 110-167(a) for the water system and 110-168(a) for the sanitary sewer
system (collectively, the "Applicable Rates") as shown on Attachment Schedule A and as may be
further adjusted automatically in the future by implementation of the provisions of this section and
Page 1 of 3
which are then in effect shall be increased by the City each year by applying the price index factor
established for that year in accordance with this subsection (the "Price Index Factor") to the then
Applicable Rates to offset the effects of inflation on the cost of operating and maintaining the system.
The Rate Index shall never be less than 0.0%. All Applicable Rates so adjusted (the "Indexed
Rates") shall be implemented by the City.
* * *
(b) Stormwater rates. Except as otherwise provided in this subsection, the monthly user rates
established in section 110-109 for the stormwater system as shown on Schedule A and as may be
further adjusted automatically in the future by implementation of the provisions of this section and
which are then in effect shall be increased by the City each year by applying the Consumer Price
Index (CPI) established for that year in accordance with the CPI, as defined below, to the then
stormwater rate to offset the effects of inflation on the cost of operating and maintaining the system.
The CPI shall never be less than 0.0%.
The Consumer Price Index (CPI)- All Urban Consumers. Miami-Fort Lauderdale, as published
by Bureau of Labor Statistics as reported for the month of April of the current year compared to
the index reported for the immediately preceding month of April. By way of example, the CPI
published by Bureau of Labor Statistics - All Urban Consumers, Miami-Fort Lauderdale, as of
April 2017, is 2.8 percent.
* * *
SECTION 2. Appendix A, entitled "Fee Schedule," of the Code of the City of Miami Beach is
hereby amended as follows:
APPENDIX A - FEE SCHEDULE
FEE SCHEDULE
This appendix includes all fees and charges established by the City Commission that are
referred to in the indicated sections of the Code of Ordinances:
* * *
Stormwater utility service charge effective with
billings on or after the following dates shall be as
110-109(c) follows: Amount of Fee
October 1, 2000 3.25
October 1, 2001 4.00
October 1, 2002 5.50
October 1, 2003 5.80
October 1, 2004 5.80
October 1, 2005 5.80
October 1, 2008 7.42
October 1, 2009 9.06
October 1, 2014 16.67
Page 2 of 3
October 1, 2016 22.67
$22.67, plus CPI
October 1, 2017 (Consumer Price Index
pursuant to Sec. 110-
171(b)).
* * * *
SECTION 3. REPEALER.
All ordinances or parts of ordinances and all section and parts of sections in conflict
herewith be and the same are hereby repealed.
SECTION 4. CODIFICATION.
It is the intention of the City Commission, and it is hereby ordained that the provisions of
this ordinance shall become and be made part of the Code of the City of Miami Beach as
amended; that the sections of this ordinance may be renumbered or relettered to accomplish
such intention; and that the word "ordinance" may be changed to "section" or other appropriate
word.
SECTION 5. SEVERABILITY.
If any section, subsection, clause or provision of this Ordinance is held invalid, the
remainder shall not be affected by such invalidity.
SECTION 6. EFFECTIVE DATE.
This Ordinance shall take effect ten days following adoption.
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PASSED and ADOPTED this `�
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Second Reading: October '220 4:74.°—,.....-.0c;)/R , ;
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[Sponsored by Vice Mayor Ricky Arriola]
Page 3 of 3
Ordinances - R5 J
Mi I A tVik BEACH
COMMISSION MEMORANDUM
TO: Honorable Mayor and Members of the City Commission
FROM: Jimmy L. Morales, City Manager
DATE: October 18, 2017
10:45 a.m. Second Reading Public Hearing
SUBJECT: AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF
MIAMI BEACH, FLORIDA, AMENDING THE CODE OF THE CITY OF MIAMI
BEACH, FLORIDA, AMENDING ARTICLE IV - FEES, CHARGES, RATES AND
BILLING PROCEDURE; DIVISION 1 - GENERALLY; SEC. 110-171 - RATE
INDEXING; AND "APPENDIX A - FEE SCHEDULE" TO AMEND THE
STORMWATER FEE SCHEDULE TO INCLUDE AN ADJUSTMENT FOR
CONSUMER PRICE INDEX (CPI); PROVIDING FOR REPEALER, SEVERABILITY,
CODIFICATION, AND AN EFFECTIVE DATE.
RECOMMENDATION
The Administration recommends approving the Ordinance
ANALYSIS
The City of Miami Beach has the authority to enact laws which promote the public health, safety and
general welfare of its citizens. Furthermore, its City Code of Ordinances contains fees for stormwater,
and other services to cover the costs of implementing these regulations.
To allow for the cost of inflation in calculating the stormwater fee so that the City's program does not
become deficient, and to ensure rate stabilization consistent with the cost of providing service to
properly fund the City's Stormwater Management program, the Administration seeks to amend
Chapter 110, Section 110-171, and Appendix A, "Fee Schedule," to codify an annual fee increase
according to the Consumer Price Index(CPI).
The proposed change to the stormwater fee was discussed at the July 28, 2017 Finance and
Citywide Projects Committee at which time the Committee recommended approval of the proposed
CPI amendment. At its September 13, 2017 meeting, the City Commission read the Ordinance title
into the record and recommended moving forward with a Second Reading Public Hearing.
The amendments set forth below are necessary to accomplish these objectives.
SECTION 1. Chapter 110, entitled "Utilities," Article IV entitled "Fees, Charges, Rates And Billing
Procedure", Division 1, entitled "Generally," at Section 110-171, entitled "Rate Indexing," of the
Code of the City of Miami Beach is hereby amended as follows:
CHAPTER 110
UTILITIES
ARTICLE IV. - FEES, CHARGES, RATES AND BILLING PROCEDURE[2]
Page 514 of 1633
DIVISION 1. - GENERALLY
Sec. 110-171. — Rate indexing.
(a) Water and sewer rates. Except as otherwise provided in this subsection, the monthly user rates
established in subsections 110-167(a) for the water system and 110-168(a) for the sanitary sewer
system (collectively, the "Applicable Rates") as shown on Attachment Schedule A and as may be
further adjusted automatically in the future by implementation of the provisions of this section and
which are then in effect shall be increased by the City each year by applying the price index factor
established for that year in accordance with this subsection (the "Price Index Factor") to the then
Applicable Rates to offset the effects of inflation on the cost of operating and maintaining the system.
The Rate Index shall never be less than 0.0%. All Applicable Rates so adjusted (the "Indexed
Rates") shall be implemented by the City.
* * *
(b) Stormwater rates. Except as otherwise provided in this subsection, the monthly user rates
established in section 110-109 for the stormwater system as shown on Schedule A and as may be
further adjusted automatically in the future by implementation of the provisions of this section and
which are then in effect shall be increased by the City each year by applying the Consumer Price
Index (CPI) established for that year in accordance with the CPI, as defined below, to the then
stormwater rate to offset the effects of inflation on the cost of operating and maintaining the system.
The CPI shall never be less than 0.0%.
The Consumer Price Index (CPI)- All Urban Consumers. Miami-Fort Lauderdale, as published by
Bureau of Labor Statistics as reported for the month of April of the current year compared to the
index reported for the immediately preceding month of April. By way of example, the CPI published by
Bureau of Labor Statistics - All Urban Consumers, Miami-Fort Lauderdale, as of April 2017, is 2.8
percent.
* * *
SECTION 2. Appendix A, entitled "Fee Schedule", of the Code of the City of Miami Beach is hereby
amended as follows:
APPENDIX A- FEE SCHEDULE
FEE SCHEDULE
This appendix includes all fees and charges established by the City Commission that are referred to
in the indicated sections of the Code of Ordinances:
* * *
110-109(c)
Stormwater utility service charge effective with billings on or after the following dates shall be as
follows:
October 1, 2000 $3.25
October 1, 2001 $4.00
October 1, 2002 $5.50
October 1, 2003 $5.80
October 1, 2004 $5.80
October 1, 2005 $5.80
October 1, 2008 $7.42
October 1, 2009 $9.06
October 1, 2014 $16.67
October 1, 2016 $22.67
October 1, 2017 $22.67 plus CPI (Consumer Price Index pursuant to
Sec. 110-171(b)).
Page 515 of 1633
Article IV. Fees, Charges, Rates and Billing Procedure Division 2. Rates,
Fees and Charges 110-166(a) Minimum service charge:
SECTION 3. REPEALER.
All ordinances or parts of ordinances and all section and parts of sections in conflict herewith be and
the same are hereby repealed.
SECTION 4. CODIFICATION.
It is the intention of the City Commission, and it is hereby ordained that the provisions of this
ordinance shall become and be made part of the Code of the City of Miami Beach as amended; that
the sections of this ordinance may be renumbered or relettered to accomplish such intention; and that
the word "ordinance" may be changed to "section" or other appropriate word.
SECTION 5. SEVERABILITY.
If any section, subsection, clause or provision of this Ordinance is held invalid, the remainder shall
not be affected by such invalidity.
SECTION 6. EFFECTIVE DATE.
This Ordinance shall take effect ten days following adoption.
CONCLUSION
The Administration recommends approving the Ordinance on Second Reading Public Hearing
Legislative Tracking
Public Works
Sponsor
Vice-Mayor Ricky Arriola and Co-sponsored by Commissioner John Elizabeth Aleman
ATTACHMENTS:
Description
o Form approved Ordinance
Page 516 of 1633