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
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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
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