Res 36-10RESOLUTION NO. 36-10
A RESOLUTION OF THE CI'I"~' COMMISSION OF THE CITY
OF DELRAY BEACH, FLORIDA, ES I'ABLISHING A BUDGET
I~OR THE STOI~IWIITER U'1"ILITY SYSTEM; ESTABLISHING
RATES FOR S'1"ORI~IWATER i~1ANAGEMENT ASSESSMENTS
FOR EACH PARCEL WITHIN THE BENEFITTED ARIA,
O'I"HER THr1N NON-ASSESSED PROPI~1t'I`Y; PROVIDING
FOR A PUBLIC HEARING; PROVIDING FOR THE
CER'I'IFICA PION AND ADOI'"PION OF THE STORMWAT'EK
ASSL-'SSMENT ROLL IN ACCORDANCE WITH CHAPTER 56
OF THE CODE OF ORDINANCES OF THE CITY OF
DELRr~Y BEACH, FLORIDA; AND PROVIDING AN
h,FFE C"I'IVE 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 Ciry 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
clement; and
WHEREAS, a budget of operation for the year ending September 30, 2011, is set
forth in Exhibit "i~" 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
WH1?REAS, 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
WHEREr~S, 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. 36-10
NOW, '1'HEREFOKE, 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. 'T'hat the City Commission does hereby adopt, after public hearing,
the budget as established in I?xhibit "r1" 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. 'hhis resolution shall take effect immediately upon its adoption.
PASSED AND ADOP'T'ED in regular session on this the 20`'' day of July, 2010.
Al"I'I SST: MAY O
City Clerk
3 RES. NO. 3C-10
Exhibit "A"
FY 2010-1 l
FUND 448 STORMWATER UTILITY FUND
Dept 54 Sturn»vater Utility
Div 11 :~clminislration
12-10 REGULAR SALARIES/WAGES $ 212,110
15-20 CAR ALLOWANCE 3,080
21-10 EMPLOYER FICA 15,530
22-]0 GEN'L EMP RETIREMENT 33,770
22-30 ICMA CONTRIBUTIONS 2,260
23-10 LIFE INSURANCE 540
23-20 DISABILITY INSURANCE 1,010
23-30 HEALTH INSURANCE 21,170
24-10 WORKERS' COMPENSATION 6,500
25-10 UNEMPLOYMENT COMPENSATION 200
25-20 EMPLOYEE ASSISTANCE PROG. 110
* PERSONAL SERVICES 296,280
31-30 ENGINEERING/ARCHITECT 28,220
31-90 OTHER PROFESS SERVICES 20,330
32-10 AUDIT/ACCOUNTING FEES 2,010
40-10 TRAVEL & TRAINING 1,470
41-10 TELEPHONE EXPENSE 660
41-15 PORTABLE PHONE/MDD 800
42-10 POSTAGE 420
43-10 ELECTRICITY 2,880
43-50 STORMWATER CHARGES 1,470
44-30 EQUIPMENT RENTAL/LEASE 2,240
44-45 VEHICLE RENTAL-GARAGE 1,870
45-10 GENERAL LIABILITY 17,360
46-20 EQUIPMENT MAINTENANCE 1,380
46-30 VEHICLE MAINT-GARAGE 1,100
46-90 OTHER REPAIR/MAINT COST 23,400
47-20 REPRODUCTION CHARGES 2,000
47-90 OTHER PRINTING COSTS 30
49-22 SHARE OF ADMIN EXP 130,000
51-10 STATIONERY/PAPER/FORMS 1,270
51-90 OTHER OFFICE SUPPLIES 1,870
52-10 FUEL/CUBE VEHICLES 500
52-20 GEN'L OPER SUPPLIES 3,120
52-22 UNIFORM/LINEN SERVICE 370
54-10 BOOKS & PUBLICATIONS 160
54-IS SUBSCRIPTIONS 550
54-20 MEMBERSHIPS 1,080
54-30 TRAINING/EDUCATION COSTS 1,630
* OPERATING EXPENSES 248,190
64-1 1 COMPUTER EQUIPMENT 1,200
64-12 OFFICE EQUIPMENT 3,330
CAPITAL OUTLAY 4,530
91-O1 TRANSFER TO GENERAL FUND 116,000
TRANSFERS
99-O1 PROJECT RESERVE
* NON OPERATING
116,000
** STORMWATER ADMINISTRATION $ 665,000
Exhibit "A"
FY 2010-1 l
FUND 448 STORMWATER UTILITY FUND
Dept 54 Stormwater Utility
Div 16 MAINTENANCE
12-10 REGULAR SALARIES/WAGES
14-10 OVERTIME
13-10 OTHER PAY
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
31-20 MEDICAL
34-70 PHOTO/MICROFILM SERVICES
34-78 REPAIR & UPKEEP CANALS
34-90 OTHER CONTRACTUAL SERVICE
40-10 TRAVEL & TRAINING
41-15 PORTABLE PHONE/MDD
43-10 ELECTRICITY
43-25 IRRIGATION WATER
43-50 STORMWATER CHARGES
44-10 LAND RENTAL/LEASE
44-30 EQUIPMENT RENTAL/LEASE
44-45 VEHICLE MAINT-GARAGE
45-10 GENERAL LIABILITY
46-20 EQUIPMENT MAINTENANCE
46-30 VEHICLE MAINT-GARAGE
46-90 OTHER REPAIR/MAINT COST
47-10 PRINTING/BINDING SERVICES
49-16 COMML DRIVERS LIC RENEWAL
51-10 STATIONERY/PAPER/FORMS
51-90 OTHER OFFICE SUPPLIES
52-10 FUEL/CUBE VEHICLES
52-20 GEN'L OPER SUPPLIES
52-22 UNIFORMS/LINEN SERVICE
52-24 BUILDING MATERIALS
52-26 GARDENING SUPPLIES
52-27 EQUIPMENT <$ I ,000
53-20 REPAIRS-DRAINAGE
54-20 MEMBERSHIPS
54-30 TRAINING/EDUCATION COSTS
* OPERATING EXPENSES
64-25 HEAVY EQUIPMENT
* CAPITAL OUTLAY
$ 190,670
10,000
300
14,040
30,350
480
900
33,410
19,440
280
150
300,020
280
100
9,420
46,100
990
2,520
9,140
7,200
2,240
800
71,020
20,820
1,430
70,650
130,030
180
50
400
20,000
7,000
2,400
700
10,000
12,870
1 I ,200
100
480
438,120
** STORM WATER SYSTEM MAINTENANCE $ 738,140
Exhibit "A"
FY 2010-1 l
FUND 448 STORMWATER UTILITY FUND
Dept 54 Stormwater Utility
Div bl CAPITAL
63-15 DOWNTOWN PARKING LOTS $ 106,300
63-90 OTHER IMPROVEMENTS 50,000
65-41 SWALE RECONSTRUCTION 75,000
65-95 SW 2ND ST BEAUTIFICATION 150,000
68-18 STORM WATER PUMP ST REHAB 225,000
68-56 BLOCK 19&20 ALLEY IMPROV 71,000
68-65 AUBURN AVE IMPROVEMENTS 200,000
68-67 BAY ST PUMP STA IMPRV 172,500
68-68 ZEDER AV 30,000
68-69 PALM TRAIL DRAINAGE 30,000
99-O1 PROJECT RESERVE 48,310
* CAPITAL OUTLAY 1,158,110
** CAPITAL $ ],]58,1]0
FUND 448 STORMWATER UTILITY FUND
Dept 71 Debt Service
Div 11 Debt Service
71-16 STORMWATER NOTE
71-25 2007 UTILITY TAX BONDS PRINCIPAL
72-16 STORMWATERNQTE-INTEREST
72-25 2007 UTILITY TAX BONDS INTEREST
* DEBT SERVICE
** DEBT SERVICE
34,120
I ,020
20,150
49,830
105,120
$ 105,120
*** STORMWATER UTILITY FUND $ 2,666,370
Page 1 of 1
MEMORANDUM
TO: Mayor and City Commissioners
FROM: David T. Harden, City Manager
DATE: July 12, 2010
SUBJECT: AGH:\DA ITEM 10.B. -REGULAR COMMISSION MEETING OF JULY 20, 2010
RESOLUTION N0.36-10
ITEM BEFORE COMMISSION
In accordance with Chapter 56, "Stormwater", of the City Code, Resolution No. 36-10 establishes the
budget for the stormwater utility system, establishes the rates for FY 2011 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. 36-10 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 20th meeting.
RECOMMENDATION
Recommend approval of Resolution No. 36-10.
http://miweb001 /CouncilAgenda/Bluesheet.aspx?ItemID=3505&MeetingID=265 7/26/2010
Exhibit "A"
FY 2010-11
FUND 448 STORMWATER UTILITY FUND
Dept 54 Stormwater Utility
Div l l Administration
12-10 REGULAR SALARIES/WAGES $ 212,110
15-20 CAR ALLOWANCE 3,080
21-10 EMPLOYER FICA 15,530
22-10 GEN'L EMP RE'T'IREMENT 33,770
22-30 ICMA CONTRIBUTIONS 2,260
23-10 LIFE INSURANCE 540
23-20 DISABILITY INSURANCE 1,010
23-30 HEALTH INSURANCE 21,170
24-10 WORKERS' COMPENSATION 6,500
25-10 UNEMPLOYMENT COMPENSATION 200
25-20 EMPLOYEE ASSISTANCE PROG. 1 10
* PERSONAL SERVICES 296,280
31-30 ENGINEERING/ARCHITECT 28,220
3 ] -90 OTHER PROFESS SERVICES 20,330
32-10 AUDIT/ACCOUNTING FEES 2,010
40-10 TRAVEL & TRAINING 1,470
41-10 TELEPHONE EXPENSE 660
41-15 PORTABLE PHONE/MDD 800
42-10 POSTAGE 420
43-1U ELECTRICITY 2880
43-50 STORMWA'TER CHARGES 1,470
44-30 EQUIPMENT RENTAL/LEASE 2,240
44-45 VEHICLE RENTAL-GARAGE 1,870
45-10 GENERAL LIABILITY 17,360
46-20 EQUIPMENT MAINTENANCE 1,380
46-30 VEHICLE MAINT-GARAGE 1,100
46-90 OTHER REPAIR/MAINT COST 23,400
47-20 REPRODUCTION CHARGES 2,000
47-90 OTHER PRINTING COSTS 30
49-22 SHARE OF ADMIN EXP 130,000
51-10 STATIONERY/PAPF,R/FORMS 1,270
51-90 OTHER OFFICE SUPPLIES 1,870
52-10 FUEL/LUBE VEHICLES 500
52-20 GEN'L OPER SUPPLIES 3,120
52-22 UNIFORM/LINEN SERVICE 370
54-10 BOOKS & PUBLICATIONS 160
54-15 SUBSCRIPTIONS 550
54-20 MEMBERSHIPS 1,080
54-30 TRAINING/EDUCATION COSTS 1,630
* OPERATING EXPENSES 248,190
64-1 1 COMPUTER EQUIPMENT 1,200
64-12 OFFICE EQUIPMENT 3,330
CAPITAL OUTLAY 4,530
91-O1 'TRANSFER TO GENERAL FUND 1 16,000
TRANSFERS
99-01 PROJECT RESERVE
* NON OPERATING
1 l 6,000
** STORMWATER ADMINISTRATION $ 665,000
Exhibit "A"
FY 2010-11
FUND 448 STORMWATER UTILITY FUND
Dept 54 Stormwater Utility
Div l6 MAINTENANCE
12-10 REGULAR SALARIES/WAGES
14-10 OVERTIME
13-10 OTHER PAY
21-10 EMPLOYER FICA
22-IO GEN'L EMP RETIREMENT
22-30 ICMA CONTRIBUTIONS
23-10 LIFE INSURANCE
23-20 DISABILITY INSURANCE
23-30 HEALTH INSURANCE
24-10 WORKF,RS' COMPENSATION
25-10 UNEMPLOYMENT COMPENSATION
25-20 EMPLOYEE ASSISTANCE PROG.
* PERSONAL SERVICES
31-20 MEDICAL
34-70 PHOTO/MICROFILM SERVICES
34-78 REPAIR & UPKEEP CANALS
34-90 OTHER CONTRACTUAL SERVICE
40-10 TRAVEL & TRAINING
41-15 PORTABLE PHONE/MDD
43-]0 ELECTRICITY
43-25 IRRIGATION WATER
43-50 STORMWATER CHARGES
44-10 LAND RENTAL/LEASE
44-30 EQUIPMENT RI?NTAL/LEASE
44-45 VEHICLE MAINT-GARAGE
45-10 GENERAL LIABILITY
46-20 EQUIPMENT MAINTENANCE
46-30 VEHICLE MAINT-GARAGE
46-90 OTHER REPAIR/MAINT COST
47-10 PRINTING/BINDING SERVICES
49-16 COMML DRIVERS LIC RENEWAL
51-]0 STATIONERY/PAPER/FORMS
51-90 OTHER OFFICE SUPPLIES
52-10 FUEULUBE VEHICLES
52-20 GEN'L OPER SUPPLIES
52-22 UNIFORMS/LINEN SERVICE
52-24 BUILDING MATERIALS
52-26 GARDENING SUPPLIES
52-27 EQUIPMENT <$1,000
53-20 REPAIRS-DRAINAGE
54-20 MEMBERSHIPS
54-30 TRAINING/EDUCATION COSTS
* OPERATING F.XPF.NSES
64-25 HEAVY EQUIPMENT
* CAPITAL OUTLAY
$ 190,670
10,000
300
14,040
30,350
480
900
33,410
19,440
280
150
300,020
280
100
9,420
46,100
990
2,520
9,140
7,200
2,240
800
71,020
20, 820
1,430
70,650
130,030
180
50
400
20,000
7,000
2,400
700
10,000
] 2,870
11,200
100
480
438,120
** S'I'ORMWATER SYSTEM MAINTENANCE $ 738,140
Exhibit "A"
FY 2010-ll
FUND 448 STORMWATER UTILITY FUND
Dept 54 Stormwater Utility
Div 61 CAPI"I'AL
63-15 DOWNTOWN PARKING LOTS $ 106,300
63-90 OTHER IMPROVEMENTS 50,000
65-41 SWALE RECONSTRUCTION 75,000
65-95 SW 2ND ST BEAUTIFICATION 150,000
68-18 STORM WATER PUMP ST REHAB 225,000
68-56 BLOCK 19&20 ALLEY IMPROV 71,000
68-65 AUBURN AVE IMPROVEMENTS 200,000
68-67 BAY ST PUMP STA IMPRV 172,500
68-68 ZEDER AV 30,000
68-69 PALM TRAIL DRAINAGE 30,000
99-01 PROJECT RESERVE 48,310
* CAPITAL OUTLAY 1,158,110
** CAPITAL $ 1,158,110
FUND 448 STORMWATER UTILITY FUND
Dept 7l Debt Service
Div 11 Debt Service
71-16 STORM WATER NOTE 34,120
71-25 2007 UTILITY TAX BONDS PRINCIPAL 1,020
72-16 STORMWATERNOTE-INTEREST 20,150
72-25 2007 UTILITY TAX BONDS INTEREST 49,830
* DEBT SERVICE 105,120
** DEBT SERVICE $ 105,120
*** STORMWATER UTILITY FUND $ 2,666,370