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Res 41-07RESOLUTION N0.41-07 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, ESTABLISHING A BUDGET FOR THE STORMWATER UTILITY SYSTEM; ESTABLISHING RATES FOR STORMWATER MANAGEMENT ASSESSMENTS FOR EACH PARCEL WITHIN THE BENEFITTED AREA, OTHER THAN NON-ASSESSED .PROPERTY; PROVIDING FOR A PUBLIC HEARING, ALL IN ACCORDANCE WITH CHAPTER 56 OF THE CODE OF ORDINANCES OF THE CITY OF DELRAY BEACH, FLORIDA, AND RELEVANT STATUTORY AUTHORITY; PROVIDING FOR THE CERTIFICATION AND ADOPTION OF THE STORMWATER ASSESSMENT ROLL. WHEREAS, the City Commission of the City of Dekay Beach, Florida, did, on July 10, 1990, adopt Ordinance No. 21-90 which provides for the creation and establishment of a City-wide Stormwater Management System; and WHEREAS, the City Commission of the City of Dekay Beach did, on April 27, 1993, adopt Ordinance No. 35-93 which amended Chapter 56 of the Code of Ordinances of the City of Delray Beach to provide for the method of establishing and collecting Stormwater Management Assessments; and WHEREAS, the statutory authority for the creation and implementation of Ordinance No. 21-90, as amended, is predicated on Article VIII, Section 2(b) of the Florida Constitution; Chapter 166, Florida Statutes, as amended and supplemented; Section 403.0893, Florida Statutes, as amended and supplemented; Chapter 197, Florida Statutes, as amended and supplemented; the City Charter of the City of Delray Beach, Florida; and other applicable provisions of law; and WHEREAS, the City Commission of the City of Delray Beach has found that owners, tenants and occupants of property within the geographical boundaries of the City will derive a special benefit from the effective management of stormwater and other surface water and from the operation, maintenance and expansion of the stormwater management system; and WHEREAS, Chapter 56 of the City Code establishes that the rate for stormwater management assessments for each parcel within the benefited area, other than with respect to non- assessed property, shall be established each year by resolution of the City Commission; and WHEREAS, Chapter 56 of the City Code provides that such rate resolution shall not be adopted prior to the establishment of an operational budget for the system or prior to conducting a rate hearing as required by applicable law; and WHEREAS, Chapter 56 of the City. Code provides that such budget shall include, but not be limited to, a capital element, a debt service element and an Operation and Maintenance element and further requires that the rate hearing and rate resolution shall clearly establish what portion of the stormwater management assessment r-effects the capital element, the debt service element, if any, and the Operation and Maintenance element; and WHEREAS, a budget of operation for the year ending September 30, 2008, is set forth in Exhibit "A" and is established in conformity with the requirements of Ordinance No. 21- 90, as amended, and Chapter 56 of the Code of Ordinances of the City of Delray Beach; and WHEREAS, billing and collection of the stormwater management assessment shall be accomplished utilizing the uniform method of collection; and WHEREAS, a rate for Stormwater management assessments for the various classes of property (other than non-assessed property) within the benefited area shall be calculated as provided in Chapter 56 of the City Code, and as further set forth in Exhibit "B" to this resolution; and WHEREAS, a public hearing on this resolution setting the rates and adopting the budget and for the purposes of adopting and certifying a Stormwater assessment roll was duly noticed; and WHEREAS, the City, upon adoption of the budget and rates, shall review the Stormwater assessment roll to determine its conformity with the proposed rate resolution and if upon the completion of such review the City shall be satisfied that the Stormwater Management Assessment Roll has been prepared in conformity with the proposed rate resolution, it shall adopt said resolution and ratify and confirm the Stormwater Management Assessment Roll and certify that the Stormwater Management Assessment Roll is correct and proper and is to be used in collecting the stormwater management assessments. Thereafter, the City Commission, if no objections are made by persons affected by the assessment roll at the public hearing or if objections having been made are deemed insufficient by the City Commission, shall thereupon adopt the assessments as shown by the Assessment Roll; and WHEREAS, the owner of each parcel within the benefited area for which a stormwater assessment is levied shall thereafter be responsible for payment therefore. 2 RES. NO. 41-07 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS: Section 1. That the City Commission does hereby adopt the aforementioned preamble in its entirety. Section 2. That the City Commission does hereby adopt, after public hearing, the budget as established in Exhibit "A" hereto which is incorporated herein. Section 3. That the Ciry Commission does hereby adopt, after public hearing, the rates as set forth in Exhibit "B" hereto which is incorporated herein. Section 4. That the City Commission hereby adopts and certifies the Stormwater Management Assessment Roll. PASSED AND ADOPTED in regular session on this the 24`h day of July, 2007. ATTEST: ~. City Clerk ~ ~ w MAYOR RES. N0.41-07 EXHIBIT "B" TO RESOLUTION NO.41-07 Property Total 12 Month Description Rate Structure Assessment Single Family Residential ($5.33/Mo./ERU) (12 Mo.) (1 ERU) Condominium ($5.33/Mo./ERU) (12 Mo.) (Condo Factor) (ERU/Unit) Single Owner Multi-Family Residential ($5.33/Mo./ERU) (12 Mo.) Non-Residential Developed ($5.33/Mo./ERU) (12 Mo.) Undeveloped ($5.33/Mo./ERU) (12 Mo.) (1.20 ERU/AC) $ 63.96 $ 63.96 x CF* $ 63.96/ERU $ 63.96/ERU $ 76.75/AC All properties within the Lake Worth Drainage District (LWDD), as indicated by the LWDD's boundary map, shall receive a 25% discount. All properties for which the City does not provide for the maintenance of street drainage systems shall receive a 25% discount. *A specific condominium factor (0.0 - 1.0) has been determined for each condominium development. A list of those factors is attached. 4 RES. N0.41-07 Exhibit "A" FY 2007-08 FUND 448 STORMWATER UTILITY FUND Dept 54 Stormwater Utility Div 11 Administration 12-10 REGULAR SALARIES/WAGES $ 49,020 21-10 EMPLOYER FICA 3,460 22-10 GEN'L EMP RETIREMENT 5,170 22-30 ICMA CONTRIBUTIONS 490 23-10 LIFE INSURANCE 260 23-20 DISABILITY INSURANCE 320 23-30 HEALTH INSURANCE 7,190 24-10 WORKERS' COMPENSATION 2,050 25-10 UNEMPLOYMENT COMPENSATION 40 25-20 EMPLOYEE ASSISTANCE PROG. 30 * PERSONAL SERVICES 68,030 31-30 ENGINEERING/ARCHITECT 26,070 31-90 OTHER PROFESS SERVICES 16,150 32-10 AUDIT/ACCOUNTING FEES 1,900 40-10 TRAVEL & TRAINING 1,200 41-10 TELEPHONE EXPENSE 370 42-10 POSTAGE 150 43-50 STORMWATER CHARGES 990 44-30 EQUIPMENT RENTAL/LEASE 2,140 44-45 VEHICLE RENTAL-GARAGE 1,780 45-10 GENERAL LIABILITY 12,930 46-30 VEHICLE MAINT-GARAGE 1,800 46-90 OTHER REPAIR/MAINT COST 7,120 47-20 REPRODUCTION CHARGES 1,310 49-22 SHARE OF ADMIN EXP 126,000 51-10 STATIONERY/PAPER/FORMS 1,540 51-90 OTHER OFFICE SUPPLIES 600 52-10 FUEL/LUBE VEHICLE 180 52-20 GEN'L OPER SUPPLIES 1,500 52-22 UNIFORM/LINEN SERVICE 180 54-10 BOOKS & PUBLICATIONS 130 54-15 SUBSCRLPTIONS 50 54-20 MEMBERSHIPS 830 54-30 TRAINING/EDUCATION COSTS 1,520 * OPERATING EXPENSES 206,440 66-10 SOFTWARE - CAPITAL OUTLAY - 91-01 TRANSFER TO GENERAL FUND 93,000 * TRANSFERS 93,000 99-01 PROJECT RESERVE - * NON OPERATING - ** STORMWATER ADMINISTRATION $ 367,470 Ezhibit "A" FY 200?-08 FUND 448 STORMWATER UTILITY FUND Dept 54 Stormwater Utility Div 16 MAINTENANCE 12-10 REGULAR SALARIES/WAGES $ 181,130 14-10 OVERTIME 23,600 13-10 OTHER PAY 300 21-10 EMPLOYER FICA 14,560 22-10 GEN'L EMP RETIREMENT 19,100 22-30 ICMA CONTRIBUTIONS 1,130 23-10 LIFE INSURANCE 860 23-20 DISABILITY INSURANCE 1,180 23-30 HEALTH INSURANCE 35,930 24-10 WORKERS' COMPENSATION 17,950 25-10 UNEMPLOYMENT COMPENSATION 180 2520 EMPLOYEE ASSISTANCE PROG. 150 * PERSONAL SERVICES 296,070 31-20 MEDICAL 130 34-70 PHOTO/MICROFILM SERVICES 100 34-78 REPAIR & UPKEEP CANALS 9,420 34-90 OTHER CONTRACTUAL SERVICE 54,000 40-10 TRAVEL & TRAINING 2,080 43-10 ELECTRICITY 8,730 43-25 IRRIGATION WATER 17,690 44-10 LAND RENTAL/LEASE 2,240 44-30 EQUIPMENT RENTAL/LEASE 1,000 44-45 VEHICLE MAINT-GARAGE 44,400 45-10 GENERAL LIABILITY 24,050 46-20 EQUIPMENT MAINTENANCE 1,430 46-30 VEHICLE MA1NT-GARAGE 39,400 46-90 OTHER REPAIR/MAINT COST 152,600 47-10 PRINTINGBINDING SERVICES 400 49-16 COMML DRIVERS LIC RENEWAL 110 51-10 STATIONERY/PAPER/FORMS 100 51-90 OTHER OFFICE SUPPLIES 400 52-10 FUELlLUBE VEHICLES 16,850 52-20 GEN'L OPER SUPPLIES 7,000 -- 52-22 UNIFORMS/LINEN SERVICE 2,400 52-24 BUILDING MATERIALS 1,300 52-26 GARDENING SUPPLIES 11,500 52-27 EQUIPMENT <$750 6,320 53-20 REPAIRS-DRAINAGE 11,200 54-20 MEMBERSHIPS 100 54-30 TRAINING/EDUCATION COSTS 900 * OPERATING EXPENSES 415,850 64-25 HEAVY EQUIPMENT * CAPITAL OUTLAY - ** STORMWATER SYSTEM MAINTENANCE $ 711,920 Exhibit "A" FY 2007-08 FUND 448 STORMWATER UTILITY FUND Dept 54 Stormwater Utility Div 61 CAPITAL 65-34 SW 8TH AVE - SW11TH ST : SW 10TH ST $ 45,000 68-18 STORMWATER PUMP STATION REHAB 250,000 68-25 SW 14TH AVE-SW 2ND TO SW 1ST 103,500 XX-XX*** DELRAY SWIM & TENNIS PARKING LOT 75,000 XX-XX*** NE 7TH AVE, HARBOUR & ISLAND DR OUTFACE 60,000 XX-XX*** PALM TRAIL DRAINAGE 98,000 99-01 PROJECT RESERVE 593,440 * CAPITAL OUTLAY 1,224,940 ** CAPITAL $ 1,224,940 *** Account number not yet assigned FUND 448 STORMWATER UTILITY FUND Dept 71 Debt Service Div 11Debt Service 71-16 STORMWATER NOTE 28,870 72-16 STORMWATER NOTE-INTEREST 24,960 * DEBT SERVICE 53,830 ** DEBT SERVICE $ 53,830 *** STORMWATER UTILITY FUND $ 2,358,160 EXHIBIT "B" TO RESOLUTION N0.41-07 Property Total 12 Month Description Rate Structure Assessment Single Family Residential ($5.33/Mo./ERU) (12 Mo.) (1 ERU) Condominium ($5.33/Mo./ERU) (12 Mo.) (Condo Factor) (ERU/Unit) Single Owner Multi-Family Residential ($5.33/Mo./ERU) (12 Mo.) Non-Residential Developed ($5.33/Mo./ERU) (12 Mo.) Undeveloped ($5.33/Mo./ERU) (12 Mo.) (1.20 ERU/AC) $ G3.9G $ 63.96 x CF* $ 63.96/ERU $ G3.9G/ERU $ 76.75/AC All properties within the Lake Worth Drainage District (LWDD), as indicated by the LWDD's boundary map, shall receive a 25% discount. All properties for which the City does not provide for the maintenance of street drainage systems shall receive a 25% discount. *A specific condominium factor (0.0 - 1.0) has been determined for each condominium development. A list of those factors is attached. 4 RES. NO. 41-07 EXHIBIT "B" TO RESOLUTION N0.41-07 Property Total 12 Month Describtion Rate Structure Assessment T Single Family Residential ($5.33/Mo./ERU) (12 Mo.) (1 ERU) Condominium ($5.33/Mo./ERU) (12 Mo.) (Condo Factor) (ERU/Unit) Single Chvner Multi-Family Residential ($5.33/Mo./ERU) (12 Mo.) Non-Residential Developed ($5.33/Mo./ERU) (12 Mo.) Undeveloped ($5.33/Mo./ERU) (12 Mo.) (1.20 ERU/AC) $ 63.96 $ 63.96 x CF* $ G3.9G/ERU $ 63.96/ERU $ 76.75/AC All properties within the Lake Worth Drainage District (LWDD), as indicated by the LWDD's boundary map, shall receive a 25% discount. All properties for which the City does not provide for the maintenance of street drainage systems shall receive a 25% discount. *A specific condominium factor (0.0 - 1.0) has been determined for each condominium development. A list of those factors is attached. 4 RES. NO. 41-07 City of Delray Beach, Florida 7/17/2007 STORMWATER MANAGEMENT ASSESSMENT CONDOMINIUM RATES FOR TAX YEAR 2007 Condominium Units ERUs Acacia House 3 0.91 Admiral Apts. 10 0.70 Anchorage 8 0.32 Ardmore 13 0.70 Amold Industrial Park 3 1.00 Atlantic Grove 49 0.93 Avenue East Retail 6 1.00 Bahama House of D.B./Brook Haven/Ocean Reach Apts. 22 0.70 Bahia at Delray 236 0.79 Balmoral 12 0.57 Banyan House 65 0.63 Banyan Tree Village 55 0.96 Bar Harbour 85 0.39 Barr Terrace 95 0.38 Barrton Apts. 103 0.46 Beach Cabanas 12 0.64 Beach House of Delray 12 0.70 Beekman 14 0.70 Bella Vista 8 1.00 Berkeshire II 48 1.00 Berkshire I 23 0.79 Bermuda High 22 1'.00 Bermuda High South 29 0.96 Bermuda High West 46 1.00 Blairs Arcade 5 1.00 Blairs Downtown 3 0.89 Block 60 92 0.13 Boca Isle/Point at Delray Beach 93 0.69 Brooks Lane 6 1.00 Cambridge 8 1.00 Captains Walk 57 0.86 Casa Del Mar 11 0.49 Casa Playa 11 0.73 Chevy Chase 16 0.70 Churchill 30 0.60 City Walk at Pineapple Grove 42 0.54 Coach Gate 7 0.97 Coastal House 85 0.41 Colridge 3 0.87 Commodore Apts. 8 0.70 Congress Commerce Center 158 1.00 Congress Park Office 33 0.45 Congress Professional Building 4 1.00 Coral Cove 7 0.70 Coral Trace Office Park 21 1.00 Costa Del Rey 40 0.63 Country Manors 440 1.00 Court of Delray 43 0.40 Courtyards at Martel Arms 8 0.88 Cove Apts 5 0.70 Crest 6 0.79 Del Harbour 1040 Del Haven Dr. 4 0.70 Del Harbour 1820 S Ocean Blvd. 18 0.32 Delhaven 24 0.74 - 1 - Exhibit "B" City of Delray Beach, Florida 7/17/2007 STORMWATER MANAGEMENT ASSESSMENT CONDOMINIUM RATES FOR TAX YEAR 2007 Condominium Units ERUs Delray Beach Club 77 0.48 Delray Beach Yacht Club 12 0.53 Delray Dental Specialists 3 0.70 Delray Estates 324 0.55 Delray Golfview 36 0.57 Delray Harbour Club 50 0.71 Delray Oaks 142 0.95 Delray Oaks West 256 1.00 Delray Ocean Villas 15 0.70 Delray Park 6 1.00 Delray Place 42 0.35 Delray Shores Professional 8 1.00 Delray Summit 66 0.41 Domaine Delray 60 0.91 Dover House 45 0.48 Downtown Lofts 7 0.45 Duval Place 8 0.71 Eastview of Delray Beach 3 0.70 Eastview Village Square 24 1.00 Eastwinds 84 0.69 Eight Hundred Ocean Place 8 1.00 Environment I 92 0.93 Fairway 72 1.00 Fall Ridge 60 1.00 First Avenue 8 1.00 First Encounter 46 0.70 Florida Blvd 3 0.97 Fountain Square Office of Delray 13 1.00 Georgia Street Industrial Park 3 1.00 Golfview Colony 8 1.00 Grand Bahama Professional 15 1.00 Greensward Village 136 0.91 Grove 28 0.99 Hamilton House 23 0.84 Harbour Pointe of Delray 10 0.70 Harbour Villas 13 0.73 Harbourside I-III 175 0.76 High Point 1,992 0.76 Imperial Manor 12 0.70 Imperial Villas 199 0.96 Ingraham House 4 0.70 Inlet Cove 16 1.00 Inner Circle 16 0.72 Intercoastal Cove 4 0.70 Jardin Del Mar 38 0.83 Lago Del Rey 338 0.86 Lago Del Rey North Amsterdam 30 0.57 Lakeside 212 0.46 Lakeview Greens 128 0.90 Landings of Delray Beach 64 1.00 Lanikai Villas 24 0.52 Lavers Delray Racquet Club 566 1.00 Ledges 3 0.70 Linton Ridge 84 0.39 - 2 - Exhibit "B" City of Delray Beach, Florida 7/17/2007 STORMWATER MANAGEMENT ASSESSMENT CONDOMINILIM RATES FOR TAX YEAR 2007 Condominium Units ERUs Linton Woods 24 1.00 Lyndon Arms 8 0.64 Manor House 24 0.67 Marina Bay 2 1.00 Marina Del Rey 10 0.70 Martel Arms 30 1.00 Meridian Delray 59 0.44 Miramar Gardens 48 0.38 Narberth/Ocean Aire 14 0.70 New Monmouth 17 0.70 Ocean City Lofts 68 0.31 Ocean East 8 0.85 Ocean Place 29 1.00 Ocean Place-2155 30 0.77 Ocean Terrace 8 0.70 One Sixty Center 5 1.00 One Ten Apts 4 0.70 Outrigger 25 1.00 Palm Square 8 0.70 Palm Trail 22 0.70 Palm Villas 60 1.00 Palm Villas at Delray Beach 4 0.95 Park View Manor 16 0.55 Patio Beach 10 0.70 Pelican Pointe 56 0.81 Penthouse Delray 80 0.41 Pine Beach South 6 0.70 Pineapple Grove Village 160 0.27 Pines of Delray 685 0.72 Pines of Delray North 700 0.99 Pines of Delray West 287 0.78 Plum 7 1.00 Professional Centre at Delray Beach 4 1.00 Ranger 10 0.70 Sabal Pine 256 0.85 Sabal Pine East 222 0.93 Sabal Pine South 128 0.87 Sands Terrace 14 0.50 Savoy 8 0.70 Seabreeze of Delray 5 0.69 Seagate Manor 63 0.51 Seagate Towers 149 0.49 Seastone Apts. 10 0.34 Seaway Villas of Delray Beach 6 0.70 Serena Vista 30 1.00 Seven Seventy 17th Ave. 9 0.70 Sherwood Gardens 36 0.55 Sloan Hammock Land 5 0.98 South Congress Commerce Center 2 1.00 South County Professional 45 1.00 South Ocean 10 1.00 South Shore Club 15 1.00 Southridge 37 1.00 Southridge Village 68 0.90 - 3 - Exhibit "B" City of Delray Beach, Florida 7/17/2007 STORMWATER MANAGEMENT ASSESSMENT CONDOMINIUM RATES FOR TAX YEAR 2007 Condominium Units Southwinds 84 0.69 Spanish River 88 0.31 Spanish Trail 20 0.59 Spanish Wells 240 0.72 St Tropez 64 0.43 Stor-all 12 0.70 Sunset Pines 66 1.00 Tahiti Cove 18 0.79 Talbot House III 4 0.70 Three Fifty Five Building 7 1.00 Tierra Verde at Delray Beach 300 0.84 Town & Country 148 0.57 Tropic Bay 1-17 399 0.61 Tropic Harbor 222 0.49 Tropic View 48 1.00 Twelve-O-Two 6 0.58 Valhalla 8 1.00 Venetian Drive Townhouse 4 0.70 Venetian Village 14 1.00 Verano At Delray 252 0.42 Village at Swinton Square 100 1.00 Villas Delray 7 0.39 Vista Lago 14 0.70 Wallace Drive Commerce 14 1.00 Waterview Apts. 8 0.67 Waterway East 22 1.00 Waterway North 15 0.92 Wedgewood 6 0.70 Weston Palms 4 0.16 White Columns 3 1.00 Williamsburg Inn 12 0.70 Windemere House 30 0.63 Winston 8 0.78 Woodbrooke 13 0.66 Total condominium units: Average ERU/unit: 13,884 0.76 196 Records processed - 4 - Exhibit "B" MEMORANDUM TO: MAYOR AND CITY COMMISSIONERS FROM: CITY MANAGER-ttr'~s,',u~.~ DATE: JULY 20, 2007 SUBJECT: AGENDA ITEMAGENDA ITEM #~0~- REGULAR MEETING OF JULY 24, 2007REGULAR MEETING OF JULY 24, 2007 RESOLUTION N0.41-07 (STORMWATER UTILITY SYSTEM) ITEM BEFORE COMMISSION In accordance with Chapter 56, "Stormwater", of the City Code, Resolution No. 41-07 establishes the budget for the stormwater utility system, establishes the rates for FY 2008 stormwater management assessments, and certifies and adopts the stormwater management assessment roll. Prior to consideration, a public hearing is required. BACKGROUND The assessment is proposed at the rate of $5.33 per month per Equivalent Residential Unit (ERU), for a total annual assessment of $63.96 per ERU. This is the same as the current year assessment. Property owners within the Lake Worth Drainage District are given a 25% discount. A separate 25% discount is given to owners of property served by private drainage systems. The proposed budget for the stormwater utility fund is incorporated in Resolution No. 41-07 as Exhibit "A". The rate structure with condominium factors is attached to the resolution as Exhibit "B". The assessment roll will be available for review in the Commission Chambers at the July 24`" meeting. FUNDING SOURCE None. RECOMMENDATION Recommend approval of Resolution No. 41-07. S:\City Clerk\BUDGET\2007-2008 BUDGET\STORM WATER 2008 072407.doc RESOLUTION N0.41-07 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, ESTABLISHING A BUDGET FOR THE STORMWATER UTILITY SYSTEM; ESTABLISHING RATES FOR STORMWATER MANAGEMENT ASSESSMENTS FOR EACH PARCEL WITHIN THE BENEFITTED AREA, OTHER THAN NON-ASSESSED PROPERTY; PROVIDING FOR A PUBLIC HEARING, ALL IN ACCORDANCE WITH CHAPTER 56 OF THE CODE OF ORDINANCES OF THE CITY OF DELRAY BEACH, FLORIDA, AND RELEVANT STATUTORY AUTHORITY; PROVIDING FOR THE CERTIFICATION AND ADOPTION OF THE STORMWATER ASSESSMENT ROLL. WHEREAS, the City Commission of the City of Delray Beach, Florida, did, on July 10, 1990, adopt Ordinance No. 21-90 which provides for the creation and establishment of a City-wide Stormwater Management System; and WHEREAS, the City Commission of the City of Delray Beach did, on April 27, 1993, adopt Ordinance No. 35-93 which amended Chapter 56 of the Code of Ordinances of the City of Delray Beach to provide for the method of establishing and collecting Stormwater Management Assessments; and WHEREAS, the statutory authority for the creation and implementation of Ordinance No. 21-90, as amended, is predicated on Article VIII, Section 2(b) of the Florida Constitution; Chapter 166, Florida Statutes, as amended and supplemented; Section 403.0893, Florida Statutes, as amended and supplemented; Chapter 197, Florida Statutes, as amended and supplemented; the City Charter of the City of Delray Beach, Florida; and other applicable provisions of law; and WHEREAS, the City Commission of the City of Delray Beach has found that owners, tenants and occupants of property within the geographical boundaries of the City will derive a special benefit from the effective management of stormwater and other surface water and from the operation, maintenance and expansion of the stormwater management system; and WHEREAS, Chapter 56 of the City Code establishes that the rate for stormwater management assessments for each parcel within the benefited area, other than with respect to non- assessed property, shall be established each year by resolution of the City Commission; and WHEREAS, Chapter 56 of the City Code provides that such rate resolution shall not be adopted prior to the establishment of an operational budget for the system or prior to conducting a rate hearing as required by applicable law; and WHEREAS, Chapter 56 of the City Code provides that such budget shall include, but not be limited to, a capital element, a debt service element and an Operation and Maintenance element and further requires that the rate hearing and rate resolution shall clearly establish what portion of the Stormwater management assessment reflects the capital element, the debt service element, if any, and the Operation and Maintenance element; and WHEREAS, a budget of operation for the year ending September 30, 2008, is set forth in Exhibit "A" and is established in conformity with the requirements of Ordinance No. 21- 90, as amended, and Chapter 56 of the Code of Ordinances of the City of Delray Beach; and WHEREAS, billing and collection of the Stormwater management assessment shall be accomplished utilizing the uniform method of collection; and WHEREAS, a rate for stormwater management assessments for the various classes of property (other than non-assessed property) within the benefited area shall be calculated as provided in Chapter 56 of the City Code, and as further set forth in Exhibit "B" to this resolution; and WHEREAS, a public hearing on this resolution setting the rates and adopting the budget and for the purposes of adopting and certifying a stormwater assessment roll was duly noticed; and WHEREAS, the City, upon adoption of the budget and rates, shall review the stormwater assessment roll to determine its conformity with the proposed rate resolution and if upon the completion of such review the City shall be satisfied that the Stormwater Management Assessment Roll has been prepared in conformity with the proposed rate resolution, it shall adopt said resolution and ratify and confirm the Stormwater Management Assessment Roll and certify that the Stormwater Management Assessment Roll is correct and proper and is to be used in collecting the stormwater management assessments. Thereafter, the City Commission, if no objections are made by persons affected by the assessment roll at the public hearing or if objections having been made are deemed insufficient by the City Commission, shall thereupon adopt the assessments as shown by the Assessment Roll; and WHEREAS, the owner of each parcel within the benefited area for which a stormwater assessment is levied shall thereafter be responsible for payment therefore. 2 RES. N0.41-07 1 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS: Section 1. That the City Commission does hereby adopt the aforementioned preamble in its entirety. Section 2. That the City Commission does hereby adopt, after public hearing, the budget as established in Exhibit "A" hereto which is incorporated herein. Section 3. That the City Commission does hereby adopt, after public hearing, the rates as set forth in Exhibit "B" hereto which is incorporated herein. Section 4. That the City Commission hereby adopts and certifies the Stormwater Management Assessment Roll. PASSED AND ADOPTED in regular session on this the 24`h day of July, 2007. ATTEST: MAYOR City Clerk 3 RES. NO. 41-07 Exhibit "A" FY 2007-08 FUND 448 STORMWATER UTILITY FUND Dept 54 Stormwater Utility Div 11 Administration 12-10 REGULAR SALARIES/WAGES 21-10 EMPLOYER FICA 22-10 GEN'L EMP RETIREMENT 22-30 ICMA CONTRIBUTIONS 23-10 LIFE INSURANCE 23-20 DISABILITY INSURANCE 23-30 HEALTH INSURANCE 24-10 WORKERS' COMPENSATION 25-10 UNEMPLOYMENT COMPENSATION 25-20 EMPLOYEE ASSISTANCE PROG. * PERSONAL SERVICES 31-30 ENGINEERING/ARCHITECT 31-90 OTHER PROFESS SERVICES 32-10 AUDIT/ACCOUNTING FEES 40-10 TRAVEL & TRAINING 41-10 TELEPHONE EXPENSE 42-10 POSTAGE 43-50 STORMWATER CHARGES 44-30 EQUIPMENT RENTAL/LEASE 44-45 VEHICLE RENTAL-GARAGE 45-10 GENERAL LIABILITY 46-30 VEHICLE MAINT-GARAGE 46-90 OTHER REPAIR/MAINT COST 47-20 REPRODUCTION CHARGES 49-22 SHARE OF ADMIN EXP 51-10 STATIONERY/PAPER/FORMS 51-90 OTHER OFFICE SUPPLIES 52-10 FUEL/LUBE VEHICLE 52-20 GEN'L OPER SUPPLIES 52-22 UNIFORM/LINEN SERVICE 54-10 BOOKS & PUBLICATIONS 54-15 SUBSCRIPTIONS 54-20 MEMBERSHIPS 54-30 TRAINING/EDUCATION COSTS * OPERATING EXPENSES 66-10 SOFTWARE CAPITAL OUTLAY 91-01 TRANSFER TO GENERAL FUND * TRANSFERS 99-01 PROJECT RESERVE * NON OPERATING $ 49,020 3,460 5,170 490 260 320 7,190 2,050 40 30 68,030 26,070 16,150 1,900 1,200 370 150 990 2,140 1,780 12,930 1,800 7,120 1,310 126,000 1,540 600 180 1,500 180 130 50 830 1,520 206,440 93,000 93,000 ** STORMWATER ADMINISTRATION $ 367,470 Exhibit "A" FY 2007-08 FUND 448 STORMWATER UTILITY FUND Dept 54 Stormwater Utility Div 16 MAINTENANCE 12-10 REGULAR SALARIES/WAGES $ 181,130 14-10 OVERTIME 23,600 13-10 OTHER PAY 300 21-10 EMPLOYER FICA 14,560 22-10 GEN'L EMP RETIREMENT 19,100 22-30 ICMA CONTRIBUTIONS 1,130 23-10 LIFE INSURANCE 860 23-20 DISABILITY INSURANCE 1,180 23-30 HEALTH INSURANCE 35,930 24-10 WORKERS' COMPENSATION 17,950 25-10 UNEMPLOYMENT COMPENSATION 180 25-20 EMPLOYEE ASSISTANCE PROG. 150 * PERSONAL SERVICES 296,070 31-20 MEDICAL 130 34-70 PHOTO/MICROFILM SERVICES 100 34-78 REPAIR & UPKEEP CANALS 9,420 34-90 OTHER CONTRACTUAL SERVICE 54,000 40-]0 TRAVEL & TRAINING 2,080 43-10 ELECTRICITY 8,730 43-25 IRRIGATION WATER 17,690 44-10 LAND RENTAL/LEASE 2,240 44-30 EQUIPMENT RENTAL/LEASE 1,000 44-45 VEHICLE MAINT-GARAGE 44,400 45-10 GENERAL LIABILITY 24,050 46-20 EQUIPMENT MAINTENANCE 1,430 46-30 VEHICLE MAINT-GARAGE 39,400 46-90 OTHER REPAIR/MAINT COST 152,600 47-10 PRINTINGBINDING SERVICES 400 49-16 COMML DRIVERS LIC RENEWAL 110 51-10 STATIONERY/PAPER/FORMS 100 51-90 OTHER OFFICE SUPPLIES 400 52-10 FUEL/CUBE VEHICLES 16,850 52-20 GEN'L OPER SUPPLIES 7,000 52-22 UNIFORMS/LINEN SERVICE 2,400 52-24 BUILDING MATERIALS 1,300 52-26 GARDENING SUPPLIES 11,500 52-27 EQUIPMENT <$750 6,320 53-20 REPAIRS-DRAINAGE 11,200 54-20 MEMBERSHIPS 100 54-30 TRAINING/EDUCATION COSTS 900 * OPERATING EXPENSES 415,850 64-25 HEAVY EQUIPMENT * CAPITAL OUTLAY - ** STORMWATER SYSTEM MAINTENANCE $ 711,920 Exhibit "A" FY 2007-08 FUND 448 STORMWATER UTILITY FUND Dept 54 Stormwater Utility Div 61 CAPITAL 65-34 SW 8TH AVE - SW 11TH ST - SW 10TH ST $ 45,000 68-18 STORMWATER PUMP STATION REHAB 250,000 68-25 SW 14TH AVE-SW 2ND TO SW 1ST 103,500 XX-XX*** DELRAY SWIM & TENNIS PARKING LOT 75,000 XX-XX*** NE 7TH AVE, HARBOUR & ISLAND DR OUTFACE 60,000 XX-XX*** PALM TRAIL DRAINAGE 98,000 99-01 PROJECT RESERVE 593,440 * CAPITAL OUTLAY 1,224,940 ** CAPITAL $ 1,224,940 *** Account number not yet assigned FUND 448 STORMWATER UTILITY FUND Dept 71 Debt Service Div 11Debt Service 71-16 STORMWATER NOTE 28,870 72-16 STORMWATER NOTE-INTEREST 24,960 * DEBT SER DICE 53,830 ** DEBT SERVICE $ 53,830 *** STORMWATER UTILITY FUND $ 2,358,160 EXHIBIT "B" TO RESOLUTION N0.41-07 Property Total 12 Month Description Rate Structure Assessment Single Family Residential ($5.33/Mo./ERU) (12 Mo.) (1 ERU) Condominium ($5.33/Mo./ERU) (12 Mo.) (Condo Factor) (ERU /Unit) Single Owner Multi-Family Residential ($5.33/Mo./ERU) (12 Mo.) Non-Residential Developed ($5.33/Mo./ERU) (12 Mo.) Undeveloped ($5.33/Mo./ERU) (12 Mo.) (1.20 ERU/AC) $ 63.96 $ 63.96 x CF* $ 63.96/ERU $ 63.96/ERU $ 76.75/AC All properties within the Lake Worth Drainage District (LWDD), as indicated by the LWDD's boundary map, shall receive a 25% discount. All properties for which the City does not provide for the maintenance of street drainage systems shall receive a 25% discount. *A specific condominium factor (0.0 -1.0) has been determined for each condominium development. A list of those factors is attached. 4 RES. NO. 41-07 City of Delray Beach, Florida 7/17/2007 STORMWATER MANAGEMENT ASSESSMENT CONDOMINILIM RATES FOR TAX YEAR 2007 Condominium ERUs Acacia House 3 0.91 Admiral Apts. 10 0.70 Anchorage 8 0.32 Ardmore 13 0.70 Arnold Industrial Park 3 1.00 Atlantic Grove 49 0.93 Avenue East Retail 6 1.00 Bahama House of D.B./Brook Haven/Ocean Reach Apts. 22 0.70 Bahia at Delray 236 0.79 Balmoral 12 0.57 Banyan House 65 0.63 Banyan Tree Village 55 0.96 Bar Harbour 85 0.39 Barr Terrace 95 0.38 Barrton Apts. 103 0.46 Beach Cabanas 12 0.64 Beach House of Delray 12 0.70 Beekman 14 0.70 Bella Vista 8 1.00 Berkeshire II 48 1.00 Berkshire I 23 0.79 Bermuda High 22 1.00 Bermuda High South 29 0.96 Bermuda High West 46 1.00 Blairs Arcade 5 1.00 Blairs Downtown 3 0.89 Block 60 92 0.13 Boca Isle/Point at Delray Beach 93 0.69 Brooks Lane 6 1.00 Cambridge 8 1.00 Captains Walk 57 0.86 Casa Del Mar 11 0.49 Casa Playa 11 0.73 Chevy Chase 16 0.70 Churchill 30 0.60 City Walk at Pineapple Grove 42 0.54 Coach Gate 7 0.97 Coastal House 85 0.41 Colridge 3 0.87 Commodore Apts. 8 0.70 Congress Commerce Center 158 1.00 Congress Park Office 33 0.45 Congress Professional Building 4 1.00 Coral Cove 7 0.70 Coral Trace Office Park 21 1.00 Costa Del Rey 40 0.63 Country Manors 440 1.00 Court of Delray 43 0.40 Courtyards at Martel Arms 8 0.88 Cove Apts 5 0.70 Crest 6 0.79 Del Harbour 1040 Del Haven Dr. 4 0.70 Del Harbour 1820 S Ocean Blvd. 18 0.32 Delhaven 24 0.74 - 1 - Exhibit "B" City of Delray Beach, Florida 7/17/2007 STORMWATER MANAGEMENT ASSESSMENT CONDOMINIUM RATES FOR TAX YEAR 2007 Condominium Units ERUs Delray Beach Club 77 0.48 Delray Beach Yacht Club 12 0.53 Delray Dental Specialists 3 0.70 Delray Estates 324 0.55 Delray Golfview 36 0.57 Delray Harbour Club 50 0.71 Delray Oaks 142 0.95 Delray Oaks West 256 1.00 Delray Ocean Villas 15 0.70 Delray Park 6 1.00 Delray Place 42 0.35 Delray Shores Professional 8 1.00 Delray Summit 66 0.41 Domaine Delray 60 0.91 Dover House 45 0.48 Downtown Lofts 7 0.45 Duval Place 8 0.71 Eastview of Delray Beach 3 0.70 Eastview Village Square 24 1.00 Eastwinds 84 0.69 Eight Hundred Ocean Place 8 1.00 Environment I 92 0.93 Fairway 72 1.00 Fall Ridge 60 1.00 First Avenue 8 1.00 First Encounter 46 0.70 Florida Blvd 3 0.97 Fountain Square Office of Delray 13 1.00 Georgia Street Industrial Park 3 1.00 Golfview Colony 8 1.00 Grand Bahama Professional 15 1.00 Greensward Village 136 0.91 Grove 28 0.99 Hamilton House 23 0.84 Harbour Pointe of Delray 10 0.70 Harbour Villas 13 0.73 Harbourside I-III 175 0.76 High Point 1,992 0.76 Imperial Manor 12 0.70 Imperial Villas 199 0.96 Ingraham House 4 0.70 Inlet Cove 16 1.00 Inner Circle 16 0.72 Intercoastal Cove 4 0.70 Jardin Del Mar 38 0.83 Lago Del Rey 338 0.86 Lago Del Rey North Amsterdam 30 0.57 Lakeside 212 0.46 Lakeview Greens 128 0.90 Landings of Delray Beach 64 1.00 Lanikai Villas 24 0.52 Lavers Delray Racquet Club 566 1.00 Ledges 3 0.70 Linton Ridge 84 0.39 - 2 - Exhibit "B" City of Delray Beach, Florida 7/17/2007 STORMWATER MANAGEMENT ASSESSMENT CONDOMINIUM RATES FOR TAX YEAR 2007 Condominium Units ERUs Linton Woods 24 1.00 Lyndon Arms 8 0.64 Manor House 24 0.67 Marina Bay 2 1.00 Marina Del Rey 10 0.70 Martel Arms 30 1.00 Meridian Delray 59 0.44 Miramar Gardens 48 0.38 Narberth/Ocean Aire 14 0.70 New Monmouth 17 0.70 Ocean City Lofts 68 0.31 Ocean East 8 0.85 Ocean Place 29 1.00 Ocean Place-2155 30 0.77 Ocean Terrace 8 0.70 One Sixty Center 5 1.00 One Ten Apts 4 0.70 Outrigger 25 1.00 Palm Square 8 0.70 Palm Trail 22 0.70 Palm Villas 60 1.00 Palm Villas at Delray Beach 4 0.95 Park View Manor 16 0.55 Patio Beach 10 0.70 Pelican Pointe 56 0.81 Penthouse Delray 80 0.41 Pine Beach South 6 0.70 Pineapple Grove Village 160 0.27 Pines of Delray 685 0.72 Pines of Delray North 700 0.99 Pines of Delray West 287 0.78 Plum 7 1.00 Professional Centre at Delray Beach 4 1.00 Ranger 10 0.70 Sabal Pine 256 0.85 Sabal Pine East 222 0.93 Sabal Pine South 128 0.87 Sands Terrace 14 0.50 Savoy 8 0.70 Seabreeze of Delray 5 0.69 Seagate Manor 63 0.51 Seagate Towers 149 0.49 Seastone Apts. 10 0.34 Seaway Villas of Delray Beach 6 0.70 Serena Vista 30 1.00 Seven Seventy 17th Ave. 9 0.70 Sherwood Gardens 36 0.55 Sloan Hammock Land 5 0.98 South Congress Commerce Center 2 1.00 South County Professional 45 1.00 South Ocean 10 1.00 South Shore Club 15 1.00 Southridge 37 1.00 Southridge Village 68 0.90 - 3 - Exhibit "B" City of Delray Beach, Florida 7/17/2007 STORMWA"fER MANAGEMENT ASSESSMENT CONDOMINIUM RATES FOR TAX YEAR 2007 Condominium Units Southwinds 84 0.69 Spanish River 88 0.31 Spanish Trail 20 0.59 Spanish Wells 240 0.72 St Tropez 64 0.43 Stor-all 12 0.70 Sunset Pines 66 1.00 Tahiti Cove 18 0.79 Talbot House III 4 0.70 Three Fifty Five Building 7 1.00 Tierra Verde at Delray Beach 300 0.84 Town 8 Country 148 0.57 Tropic Bay 1-17 399 0.61 Tropic Harbor 222 0.49 Tropic View 48 1.00 Twelve-O-Two 6 0.58 Valhalla 8 1.00 Venetian Drive Townhouse 4 0.70 Venetian Village 14 1.00 Verano At Delray 252 0.42 Village at Swinton Square 100 1.00 Villas Delray 7 0.39 Vista Lago 14 0.70 Wallace Drive Commerce 14 1.00 Waterview Apts. 8 0.67 Waterway East 22 1.00 Waterway North 15 0.92 Wedgewood 6 0.70 Weston Palms 4 0.16 White Columns 3 1.00 Williamsburg Inn 12 0.70 Windemere House 30 0.63 Winston 8 0.78 Woodbrooke 13 0.66 Total condominium units: Average ERU/unit: 13,884 0.76 196 Records processed - 4 - Exhibit "B" h 0 0 N 0 m o, N C T f0 N ' T N a Li N N z r U (O d m T ~a N e 0 U O m O U N C N U O J7 CITY aF ®ELRAY BEACH, FLC)R~®A ~~ NC)TICE C3F PU~L1C HEAF~iN~ ~''~" ~" To be Held (j July 24, 2407 at 7:40 PM C d~ AT DELRAY BEACH CITY HALL A~ The City Commission of the City of Delray t3each will hold a public hearing to adopt anon-ad valorem assessment roll for annua! Stormwater management assessments. This public hearing will be held on July 24, 2007 at 7:00 p.m. in the City Commission Chambers at City Hall, located at 100 N.W. 1st Avenue, Delray Beach. This assessment will be imposed on all non-exempt property owners within the City of Delray Beach (geographic depiction below). Property owners within the Lake Worth Drainags District are given a 25% discount. A separate 25% discount is given to owners of property served by private drainage systems. The assessment is proposed at the rate of $5.33 per month per Equivalent Residential Unit (ERU), for a total annual assess• ment of 563.96 per ERU. All Eunds from the assessments will be used to operate. maintain, make additiohs, improvements and extensions to the City's Stormwater Management System. Also, funds will be used to finance the administration of the prograi Please be advised that if a person derides to appeal any decision made by fhe City Commission with respell to any matter considered at this hearing, such person will need a record of the proceedings and for this purpose such person may need to ensure that a verbatim record indudes the testimony and evidence upon which the appeal is to be based. The City does not provide or prepare such record. Pursuant to F S. 286.0105, CITY Of DELRAY BEACH CheveNe D. Nubin, CMC City Clerk Publish: June 29, 2007 Boca Raton/Delray Beach News The Stormwater management assessments will be included on the 2007 property tax bills issued to property owners in Novem- ber: and they wit! be collected by the Palm Beach County Tax Collector. All affected property owners have the right to appear at the public hearing and the right to f+le wri8en objections within twenty (20) days of this notice.