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Res 25-08RESOLUTION NO.25-08 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; PROVIDING FOR THE CERTIFICATION AND ADOPTION OF THE STORMWATER ASSESSMENT ROLL IN ACCORDANCE WITH CHAPTER 56 OF THE CODE OF ORDINANCES OF THE CITY OF DELRAY BEACH, FLORIDA; AND PROVIDING A]v EFFECTIVE DATE. 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 Code of Ordinances of the City of Delray Beach 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 Code of Ordinances of the City of Delray Beach 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 Code of Ordinances of the City of Delray Beach 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, 2009, 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 Code of Ordinances of the City of Delray Beach, 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. 25-08 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. Section 5. This resolution shall take effect immediately upon its adoption. PASSED AND ADOPTED in regular session on this the 15`h day of July, 2008. ~~ ~~ ATTEST: MAYOR V `i~;~in~ City Clerk 3 RES. NO. 25-08 Exhibit "A" FY 2008-09 FUND 448 STORMWATER UTILITY FUND Dept 54 Stormwater Utility Div 11 Administration 12-10 REGULAR SALARIES/WAGES $ 51,950 21-10 EMPLOYER FICA 3,640 22-10 GEN'L EMP RETIREMENT 5,900 22-30 ICMA CONTRIBUTIONS 23-10 LIFE INSURANCE 260 23-20 DISABILITY INSURANCE 340 23-30 HEALTH INSURANCE 7,210 24-10 WORKERS' COMPENSATION 2,980 25-10 UNEMPLOYMENT COMPENSATION 40 25-20 EMPLOYEE ASSISTANCE PROG. 30 * PERSONAL SERVICES 72,350 31-30 ENGINEERING/ARCHITECT 22,210 31-90 OTHER PROFESS SERVICES 19,000 32-10 AUDIT/ACCOUNTING FEES 2,010 40-10 TRAVEL & TRAINING 1,100 41-10 TELEPHONE EXPENSE 190 42-10 POSTAGE 150 43-10 ELECTRICITY 2,510 43-50 STORMWATER CHARGES 1,230 44-30 EQUIPMENT RENTAL/LEASE 2,140 45-10 GENERAL LIABILITY 10,360 46-10 BUILDING MAINTENANCE 2,500 46-90 OTHER REPAIR/MAINT COST 9,800 47-20 REPRODUCTION CHARGES 8,100 49-22 SHARE OF ADMIN EXP 121,000 51-10 STATIONERY/PAPER/FORMS 1,540 51-90 OTHER OFFICE SLTppLIES 600 52-20 GEN'L OPER SUPPLIES 2,000 52-22 UNIFORM/LINEN SERVICE 160 54-10 BOOKS & PUBLICATIONS 130 54-15 SUBSCRIPTIONS 50 54-20 MEMBERSHIPS 830 54-30 TRAINING/EDUCATION COSTS 1,320 * OPERATING EXPENSES 208,930 66-10 SOFTWARE - CAPITAL OUTLAY - 91-01 TRANSFER TO GENERAL FUND 93,000 * TRANSFERS 93,000 99-01 PROJECT RESERVE - * NON OPERA TING - ** STORMWATER ADMINISTRATION $ 374,280 Exhibit "A" FY 2008-09 FUND 448 STORMWATER UTILITY FUND Dept 54 Stormwater Utility Div 16 MAINTENANCE 12-10 REGULAR SALARIES/WAGES $ 189,370 14-10 OVERTIME 23,600 13-10 OTHER PAY 300 21-] 0 EMPLOYER FICA 15,000 22-10 GEN'L EMP RETIREMENT 21,510 22-30 ICMA CONTRIBUTIONS 23-10 LIFE INSURANCE 850 23-20 DISABILITY INSURANCE 1,260 23-30 HEALTH INSURANCE 36,050 24-10 WORKERS' COMPENSATION 21,830 25-10 UNEMPLOYMENT COMPENSATION 190 25-20 EMPLOYEE ASSISTANCE PROG. 150 * PERSONAL SERVICES 310,110 31-20 MEDICAL 140 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 7,880 43-25 IRRIGATION WATER 7,500 44-10 LAND RENTAL/LEASE 2,240 44-30 EQUIPMENT RENTAL/LEASE 1,000 44-45 VEHICLE MAINT-GARAGE 41,980 45-10 GENERAL LIABILITY 20,620 46-20 EQUIPMENT MAINTENANCE 1,430 46-30 VEHICLE MAINT-GARAGE 43,150 46-90 OTHER REPAIR/MAINT COST 157,490 47-10 PRINTING/BINDING SERVICES - 49-16 COMML DRIVERS LIC RENEWAL 110 51-10 STATIONERY/PAPER/FORMS 50 51-90 OTHER OFFICE SUPPLIES 400 52-10 FUEL/LUBE VEHICLES 27,100 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 10,000 52-27 EQUIPMENT <$750 6,320 53-20 REPAIRS-DRAINAGE 11,200 54-20 MEMBERSHIPS 100 54-30 TRAININGBDUCATION COSTS 900 * OPERATING EXPENSES 415,910 64-25 HEAVY EQUIPMENT * CAPITAL OUTLAY - ** STORMWATER SYSTEM MAINTENANCE $ 726,020 Exhibit "A" FY 2008-09 FUND 448 STORMWATER UTILITY FUND Dept 54 Stormwater Utility Div 61 CAPITAL 64-25 HEAVY EQUIPMENT $ 300,000 XX-XX*** ALLEN AVENUE DRAINAGE 98,000 XX-XX*** FEDERAL HIGHWAY PHASE 1 62,000 XX-XX*** SW 1ST AVE-SW 1ST ST TO W ATLANTIC AVE 230,000 99-01 PROJECT RESERVE 726,710 * CAPITAL OUTLAY 1,416,710 * * CAPITAL *** Account number not yet assigned $ 1,416,710 FUND 448 STORMWATER UTILITY FUND Dept 71 Debt Service Div 11Debt Service 71-16 STORMWATER NOTE 72-16 STORMWATER NOTE-INTEREST 72-25 2007 UTILITY TAX BONDS INTEREST * DEBT SERVICE ** DEBT SERVICE 30,620 23,450 49,880 103,950 $ 103,950 *** STORMWATER UTILITY FUND $ 2,620,960 EXHIBIT "B" TO RESOLUTION N0.25-08 Property Description Rate Structure 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) Total 12 Month Assessment $ 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. 1 RES. N0.25-08 City of Delray Beach, Florida _ Program: SWLIB/SWCONDO STORMWATER MANAGEMENT 'ASSESSMENT Prepared: 7/02/08, 13:44:46 CONDOMINIUM RATES FOR TAX YEAR 2008 Page: 1 Condominium Units ERUs - - - -- ------------- Acacia House ----- ---- --- -- 3 -- ---------- .91 :Admiral Apts. 10 .70 Anchorage 8. .32 Ardmore 13 .70 Arnold Industrial Park 3 1.00 Atlantic Grove 49 .93 Avenue East Retail 6 1.00 Bahama House of D.B./Brook Haven/Ocean Reach Apts. 22 .70 Bahia at Delray 236 .79 Balmoral 12 .57 Banyan House 65 .63 Banyan Tree Village 55 .96 Bar Harbour 85 .39 Barr Terrace 95 .38 Barrton Apts. 103 .46 Beach Cabanas 12 .6'4 Beach House of Delray 12 .70 Beekman 14 .70 Bella Vista 8 1.00 Berkshire By The Sea 48 1.00 Berkshire I 23 _79 Bermuda High 22 1.00 Bermuda High South ~ 29 .96 Bermuda High West 46 1.00 Blairs Arcade 5 1.00 Blairs Downtown 3 .89 Block 60 92 .13 Boca Isle/Point at Delray Beach 93 .69 Brooks Lane 6 1.00 Cambridge 8 1.00 Captains Walk 57 .86 Casa Del Mar 11 .49 Casa Playa 11 .73 Chevy Chase 16 .70 Churchill ~ 30 .60 City Walk at Pineapple Grove 42 .54 Coach Gate 7 _97 Coastal House 85 .41 Colridge 3 .87 Commodore Apts. 8 ,70 Congress Commerce Center 153 1.00 Congress Park Office 33 .45 Congress Professional Building 4 1.00 Coral Cove 7 .70 Coral Trace Office Park 20 1.00 Costa Del Rey 39 .65 Countxy Manors 440 1.00 Court of Delray 43 .40 Courtyards at Martel Arms g ,gg Cove Apts 5 .70 Crest . 6 79 Del Harbour 1040 Del Haven Dr. 4 .70 Del Harbour 1820 S Ocean Blvd. 18 .32 Delhaven 24 .74 2 Exhibit "B" City of Delray Beach; Florida Program: SWLIB/SWCONDO STORMWATER MANAGEMENT ASSESSMENT Prepared: 7/02/08, 13:44:9 CONDOMINIUM RATES FOR TAX YEAR 2008 Page: 2 ---------------------------------------------------------------------------- Condominium Units ERUs Delray Beach Club 77 .48 Delray Beach Yacht Club 12 .53 Delray Dental Specialists 3 .70 Delray Estates 324 .55 Delray Golfview 36 .57 Delray Harbour Club 50 .71 Delray Oaks 142 .95 Delray Oaks West 256 1.00 Delray Ocean Villas 15 .70 Delray Park 6 1.00 Delray Place 42 .35 Delray Shores Professional 8 1.00 Delray Summit 67 .40 Domaine Delray 60 .91 Dover House 46 1.00 Downtown Lofts 7 .45 Duval Place 8 .71 Eastview of Delray Beach 3 .70 Eastview Village Square 24 1.00 Eastwinds 84 .69 Eight Hundred Ocean Place 8 1.00 Environment I ~ 92 .93 Fairway 72 1.00 Fall Ridge 60 1.00 First Avenue 8 1.00 First Encounter 46 .70 Florida Blvd 3 .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 .91 Grove 28 ,99 Hamilton House 23 .84 Harbour Pointe of Delray 10 .70 Harbour Villas 13 .73 Harbourside I-III 175 .76 High Point 1,992 .76 Imperial Manor 12 .70 Imperial.Villas 199 .96 Ingraham House 4 .70 Inlet Cove 16 1.00 Inner Circle 16 .72 Intercoastal Cove 4 .70 J'ardin Del Mar 38 .83 Lago Del Rey 338 .86 Lago Del Rey North Amsterdam 30 .57 Lakeside Lakeview Greens, 212 128 .46 .90 Landings of Delray Beach 64 1.00 Lanikai Villas 24 .52 Lavers Delray Racquet Club 566 1.00 Ledges 3 .70 Linton Ridge 84 .39 Exhibit "B" City of Delray Beach, Florida Program: SWLIB/SWCONDO STORMWATER MANAGEMENT ASSESSMENT Prepared: 7/02/08, 13:44:46 CONDOMINIUM RATES FOR TAX YEAR 2008 Page= 3 -------------------------------------------- Condominium Units ERUs ------------------ Linton Woods Lyndon Arms Manor House Marina Bay Marina Del Rey Martel Arms Meridian Delray Miramar Gardens Narberth/Ocean Aire New Monmouth Ocean City Lofts Ocean East Ocean Place Ocean Place-2155 Ocean Terrace One Sixty Center One Ten Apts Outrigger Palm Square Palm Trail Palm Villas Palm Villas at Delray Beach Park View Manor Patio Beach Pelican Pointe Penthouse Delray Pine Beach South Pineapple Grove Village Pines of Delray Pines of Delray North Pines of Delray West Plum Professional Centre at Delray Ranger Royal Atlantic Sabal Pine Sabal Pine East Sabal Pine South Sands Terrace Savoy Seabreeze of Delray Seagate Manor Seagate Towers Seastone Apts. Seaway Villas of Delray Beach Serena Vista Seven Seventy 17th Ave. Sherwood Gardens Sloan Hammock Land South Congress Commerce Center South County Professional South Ocean South Shore Club Southridge Beach 24 1.00 g .64 24 .67 2 1.00 10 .70 30 1.00 59 .44 48 .38 14 .70 17 .70 68 .31 8 .85 29 1.00 30 .77 8 .70 3 1.00 4 .70 25 1.00 g .70 22 _70 60 1.00 4 .95 16 .55 10 .70 56 .81 80 :41 6 .70 160 -27 685 .72 700 .99 287 .78 7 1.00 4 1.00 to .70 16 .26 256 .85 222 .93 128 .87 14 .50 8 .70 5 .69 63 .51 149 .49 10 .34 6 .70 30 1.00 9 .70 36 .55 5 .98 2 1.00 46 1.00 10 1.00 15 1.00 37 1.00 Exhibit "B" City of Delray Beach, Florida Program: SWLIB/SWCONDO STORMWATER MANAGEMENT ASSESSMENT Prepared: 7/02/08, 13:44:41 CONDOMINIUM RATES FOR TAX YEAR 2008 Page: 4 Condominium Units ERUs Southridge Village 68 _90 Southwinds 84 .69 Spanish River 81 .34 Spanish Trail 20 .59 Spanish Wells 240 .72 St Tropez 64 .43 Stor-all 12 .70 Sunset Pines 66 1.00 Tahiti Cove 18 .79 Talbot House III 4 .70 Three Fifty Five Building 7 1.00 Tierra Verde at Delray Beach 300 .84 Town & Country 148 .57 Tropic Bay 1-17 399 .61 . Tropic Harbor 222 .49 Tropic View ~ 48 1.00 Twelve-O-Two 6 .58 Valhalla - 8 1.00 Venetian Drive Townhouse 4 .70 Venetian Village 14 1.00 Verano At Delray 252 .42 Village at Swinton Square 1~0 1.00 Villas Delray 7 .39 Vista La o 14 .70 Wallace rive Commerce 13 1.00 Waterview Apts. 8 .67 Waterway East 22 1.00 Waterway North 15 .92 Wedgewood 6 .70 Weston Palms 4 .16 White Columns 3 1.00 Williamsburg Inn 12 .70 Windemere House 30 .63 Winston g _~g Woodbrooke 13 .66 Total condominium units 13,886 Average ERU/unit .75 197 Records processed -- End of Listing -- Exhibit "B" CITY OF DELRAY BEACH, FLORIDA 'NOTICE OF PUBLIC HEARING To be Held a M~ 0 0 N .-i N O N N C 7 T f0 7 >. li N N z i L U IQ m T N e 0 U O m E 0 U N N C N V O July 15', 2008 at 7:00 PM AT DELRAY BEACH CITY HALL The City Commission of the City of Delray Beach will hold a public hearing to adopt a non-ad valorem assessment roll for annual storrnwater management assessments. This public hearing v~rill be held on July 15, 2008 at 7:00 p.m. in the City Commission Chambers located at 100 N.W. 1st Avenue, Defray Beach. This assessment will be imposed on all non-exempt property owners within the Ciry of Delray Beach (geographic depiciioh below). 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 assessment is proposed at the rate of $5.33 per month per Equivalent Residential Unit (ERl1), for a total annual assessment of $63.96 per ERU. All funds from the assessments will be used to operate, maintain, make additions, improve- - menu and extensions to the City's Stormwater Management System. Also, funds will be used to finance the administration ofihe program. The stormwater management assessments will be included on the 2008 propery tax bills issued to property owners in November, and they will be collected by the Palni Beach County Tax Collector. All affected property owners have the right to appear at the public hearing and the right to file written objections withiri twenty (20) days of this notic Please be advised that if a person decides to appeal any decision made by the'City Commission with respect to any matterconsidered 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 includes 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 Chevelle D. Nubin, CMC City Clerk I Publish: Friday, June 20, 2008 Boca RatonlDelray Beach News CC', ~~ (~-)