Ordinance 2000-3274 ORDINANCE NO. 2000-3274
AN ORDINANCE OF THE MAYOR AND CITY
COMMISSION OF THE CITY OF MIAMI BEACH,FLORIDA,
AMENDING CHAPTER 110 OF THE CITY OF MIAMI
BEACH CITY CODE ENTITLED "UTILITIES," AMENDING
ARTICLE III, ENTITLED "STORMWATER UTILITY," TO
INCREASE THE STORMWATER UTILITY SERVICE
CHARGE IMPOSED BY THE CITY; PROVIDING FOR
CODIFICATION, REPEALER, SEVERABILITY, AND AN
EFFECTIVE DATE.
WHEREAS, the City owns and operates a Stormwater Utility System (System), which is
currently funded by a stormwater utility service charge; and
WHEREAS, a capital improvement program has been developed to implement stormwater
improvements for the System; and
WHEREAS, it is necessary to finance the capital improvement program through the
issuance of Stormwater Revenue Bonds;
WHEREAS,the schedule of rate increases provided herein will provide sufficient revenues
for the payment of principal and interest on the proposed Stormwater Revenue Bonds, Series 2000;
and
WHEREAS, the rate increases provided herein include funding for additional costs for
operation and maintenance of the System.
NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND CITY
COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA as follows:
SECTION 1: That Article III of Chapter 110 of the Miami Beach City Code is hereby amended as
follows:
Section Description Amount
this Code
Article III. Stormwater Utility
110-109(c) Stormwater utility service charge ....240 effective with billings on or after the
following dates shall be as follows:
October L 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
SECTION 2. CODIFICATION.
It is the intention of the Mayor and City Commission of the City of Miami Beach, 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, Florida. The sections of this ordinance may be
renumbered or relettered to accomplish such intention, and the word "ordinance" may be
changed to "section", "article," or other appropriate word.
SECTION 3. REPEALER.
All ordinances or parts of ordinances in conflict herewith be and the same are hereby
repealed.
SECTION 4. SEVERABILITY.
If any section, subsection, sentence, clause, phrase or portion of this Ordinance is, for any
reason, held invalid or unconstitutional, such portion shall be deemed a separate, distinct
and independent provision and such holding shall not affect the validity or constitutionality
of the remaining portions of this Ordinance.
SECTION 5. EFFECTIVE DATE.
This Ordinance shall take effect on the 28th day of October , 2000, which is
10 days after its adoption.
PASSED and ADOPTED this 18th day of October , 2000.
Mayor
ATTEST:
APPROVED AS TO
City Clerk FORM & LANGUAGE
& FOR EXECUTION
1st reading 9/277/00
2nd reading 10/18/00
Letters or numbers that are stricken through are deletions from existing ordinance.
Letters or numbers that are underlined are additions to existing ordinance. id
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A— N M
CITY OF MIAMI BEACH
1700 CONVENTION CENTER DRIVE, MIAMI BEACH FL 33139-1824
http:\\ci.miami-beach.fl.us
COMMISSION MEMORANDUM NO. 1 0
TO: Mayor Neisen O. Kasdin and DATE: October 18, 2000
Members of the City Commission
FROM: Jorge M. Gonzalez SECOND READING
City Manager aNA46-
SUBJECT:
AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE
CITY OF MIAMI BEACH, FLORIDA, AMENDING CHAPTER 110 OF
THE CITY OF MIAMI BEACH CITY CODE ENTITLED "UTILITIES,"
AMENDING ARTICLE III, ENTITLED "STORMWATER UTILITY," TO
INCREASE THE STORMWATER UTILITY SERVICE CHARGE
IMPOSED BY THE CITY; PROVIDING FOR CODIFICATION,
REPEALER, SEVERABILITY, AND AN EFFECTIVE DATE.
ADMINISTRATION RECOMMENDATION
Adopt the Ordinance.
ANALYSIS
In 1991, Miami-Dade County adopted an ordinance establishing a county-wide stormwater utility,
for the construction of stormwater management systems to collect, convey,treat,use or reuse water,
prevent or reduce flooding and water pollution. In 1992, the City of Miami Beach executed an
interlocal agreement with the County's Departmental of Environmental Resources Management
(DERM) for the planning, control, operation, construction and maintenance of stormwater systems
located within the limits of the City. In 1993, the City, established a stormwater utility enterprise
fund, and under the umbrella of the Miami-Dade County stormwater utility, began billing and
collection of a stormwater utility service charge. Additionally, the City is one of 16 municipalities
that entered into an interlocal agreement with Miami-Dade County authorizing the County to be the
lead applicant in submitting a National Pollutant Discharge Elimination System (NPDES)
stormwater permit application. Miami-Dade County was one of approximately 8 counties in Florida
that was required to submit the permit application in 1994.
AGENDA ITEM SC
DATE 10 -"
The conditions of the permit, issued by the U.S. Environmental Protection Agency, required that the
applicant (and all co-applicants)prepare a Stormwater Master Plan(identifying problems and levels
of service for improvements), implement ordinances restricting stormwater discharge,provide public
education,monitor construction sites, conduct dry weather sampling, and implement improvements
to reduce the pollutants in stormwater runoff originating from new or modified projects. As a result,
all new private developments and modifications to public projects are now required to have on-site
improved stormwater collection and disposal systems. In 1994, the City hired the engineering firm
CH2MHi11 to perform a citywide stormwater maintenance and management program study. The
study identified priority areas for upgrades and rehabilitation and provided cost estimates for
implementation. Funding was proposed from the issuance of stormwater revenue bonds to be paid
from the utility service charge. It was subsequently determined that ownership of the stormwater
utility had to be clearly identified and that the City needed to implement a stormwater utility separate
from the County's stormwater utility in order to issue the bonds. In 1995, the County approved the
exemption of the City from the provisions of the County's Stormwater Utility Ordinance. In 1996,
the City created its own independent stormwater utility.
In 1997, CH2MHi11 completed a master plan for the upgrade, expansion and rehabilitation of the
City's stormwater system. The master plan identified priority drainage basins to be addressed within
the City during a five-year period and projected estimated costs of$40 million to complete this
work. Subsequently, other neighborhood and streetscape projects, which would require drainage
work, were added to the program. The G.O. Bond neighborhood program further expanded the
stormwater program and costs, since it is prudent, and in many instances required by DERM, that
certain improvements to address water quality be implemented during the construction of projects.
The total estimated cost for stormwater work is $63 million.
A Bond Resolution for a proposed $57.5 million Series 2000 Stormwater Revenue Bonds is being
presented in conjunction with the second reading of this ordinance. The City will, in accordance with
the Bond Resolution Rate Covenant, agree to charge fees for the use of the stormwater system, and
to periodically adjust fees as necessary, so that the net revenues of the fund for each fiscal year will
be sufficient to provide for at least 120 percent of the principal and interest requirements for each
year that the bonds are outstanding (Debt Coverage), plus 100 percent of required deposits.
The current monthly service charge for stormwater is $2.50 per equivalent residential unit (ERU).
The number of ERUs for each account is one ERU each for a single family home, multi-family and
condominium residence and the total square footage of impervious area divided by 791 square feet
for commercial property.
In support of the bond issue, a Stormwater Bond Feasibility Study has been prepared which projects
services charges for stormwater for the fiscal years ending September 30, 2001 through 2006. Based
on this study, the minimum fees proposed for this period are as follows:
Stormwater FY 2000 FY 2001 FY 2002 FY 2003 FY 2004 FY 2005 FY 2006 Cumulative
Proposed Fees (Current) Increase
Monthly Charge $2.50 $3.25 $4.00 $5.50 $5.80 , $5.80 $5.80 $3.30
Monthly Increase $0.75 30% $0.75 23.1% $1.50 37.5% $0.30 5.5% $0 0% $0 0% 132%
Annual Increase $9.00 $9.00 $18.00 $3.60 $0.00 $0.00 $39.60
The proposed fee increases are presented for the 6-year period so that the community is aware of the
planned incremental increases for this period. The attached ordinance provides for adoption of the
incremental annual stormwater service charges for the period beginning October 1, 2000 through
September 30, 2006.
The stormwater revenue bonds are one funding component of the City's Capital Improvement
Program. These stormwater infrastructure improvements, like the water and sewer upgrades, are an
integral part of the G.O. Bond neighborhood/streetscape projects.
A summary for water, sewer, stormwater and garbage collection fees is presented in Exhibit A,
attached to this memorandum.
The stormwater improvements program was presented at the G.O. Bond district and neighborhood
meetings and to the G.O. Bond Oversight Committee. A flyer, describing the program and funding
was also distributed throughout the community. This item was presented at the September 21, 2000
meeting of the Finance and Citywide Projects Committee. The Committee recommended referral •
and a presentation of the item to the City Commission.
This ordinance was approved on first reading by the City Commission on September 27, 2000 and
a public hearing and second reading scheduled on October 18, 2000 at 10:45 a.m.
CONCLUSION
The City Commission should adopt the ordinance so that the improvements for stormwater can be
coordinated with the water, sewer and G.O. Bond neighborhood and streetscape projects.
JMG/PDW/K
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