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Res 14-131z RESOLUTION NO. 14-13 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 AN 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 establislAnent of a City-wide Stotinwater 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 Storrawater 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 Chatter of the City of Delray Beach, Florida; and other applicable provisions of law; and WHEREAS, the City Cominission 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 stotinwatet and other surface water and from the operation, maintenance and expansion of the stori-Awatet management system; and WHEREAS, Chapter 56 of the Code of Ordinances of the City of Del-toy 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, 2014, 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 stor-mwater 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 stortawater 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 stotnawater 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. 14 -13 NO'S, 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.. City Clerk 3 RES, NO, 14-13 M �, i �., Property Total 12 Month Description Rate Structure Assessment Single Family Residential ($5.33 /Mo. /ERq (1.2 Mo.) (1 ER-U) $ 63.96 Condominiurn ($5.33 /Mo. /ERLD (1. Mo.) (Condo Factor) $ 63.96 (ERU /Unit) x CF* Single Owner Multi - Family Residential ($5.33 /Mo. /ERLD (12 Mo.) 63.96 /ERU Non - Residential Developed ($5.33 /Mo. /ERq (12 Mo.) 63.96 /ERU Undeveloped ($5.33/Mo. /ERU) (12 Mo.) (1.20 ERU /AC) $ 76.75/AC All properties within the Lake 'Warty 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 condotniniwn factor (0.0 — 1.0) has been determined for each condominium development. A list of those factors is attached. 4 RES. NO. 14--13 Coversheet MEMORANDUM TO: Mayor and City Commissioners FROM: Louie Chapman, Jr., City Manager DATE: July 17, 2013 SUBJECT: AGENDA ITEM 10.C. - REGULAR COMMISSION MEETING OF JULY 25, 2013 RESOLUTION NO. 14 -13 Page 1 of 1 ITEM BEFORE COMMISSION In accordance with Chapter 56, "Stormwater ", of the City Code, Resolution No. 14 -13 establishes the budget for the stormwater utility system, establishes the rates for FY 2014 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. 14 -13 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 25th meeting. RECOMMENDATION Recommend approval of Resolution No. 14 -13. http:// itwebapp / Agendalntranet /Bluesheet.aspx ?ItemID= 6974 &MeetingID =484 10/3/2013 Exhibit "A" FY 2013 -14 FUND 448 STORMWATER UTILITY FUND Dept 54 Stormwater Utility Div 11 Administration 12 -10 REGULAR SALARIES /WAGES $ 87,390 15 -20 CAR ALLOWANCE - 21 -10 EMPLOYER FICA 6,830 22 -10 GENT EMP RETIREMENT 5,550 22 -30 ICMA CONTRIBUTIONS 4,540 23 -10 LIFE INSURANCE 250 23 -20 DISABILITY INSURANCE 260 23 -30 HEALTH INSURANCE 12,620 24 -10 WORKERS' COMPENSATION 4,020 25 -10 UNEMPLOYMENT COMPENSATION 150 25 -20 EMPLOYEE ASSISTANCE PROG. 50 * PERSONAL SERVICES 121,660 31 -30 ENGINEERING /ARCHITECT 31,970 31 -90 OTHER PROFESS SERVICES 19,000 32 -10 AUDIT /ACCOUNTING FEES 2,010 40 -10 TRAVEL & TRAINING 1,100 41 -10 TELEPHONE EXPENSE 240 41 -15 PORTABLE PHONE /MDD - 42 -10 POSTAGE 300 43 -10 ELECTRICITY 1,810 43 -50 STORMWATER CHARGES 1,180 44 -30 EQUIPMENT RENTAL /LEASE 980 44 -45 VEHICLE RENTAL- GARAGE - 45 -10 GENERAL LIABILITY 7,200 46 -20 EQUIPMENT MAINTENANCE 240 46 -30 VEHICLE MAINT- GARAGE - 46 -90 OTHER REPAIRIMAINT COST 33,170 47 -20 REPRODUCTION CHARGES 2,000 49 -10 ADVERTISING 700 49 -22 SHARE OF ADMIN EXP 119,000 51 -10 STATIONERY /PAPER/FORMS 2,000 51 -90 OTHER OFFICE SUPPLIES 1,500 52 -10 FUEL /LUBE VEHICLES - 52 -20 GENT OPER SUPPLIES 3,000 52 -22 UNIFORM /LINEN SERVICE 160 54 -10 BOOKS & PUBLICATIONS 130 54 -15 SUBSCRIPTIONS 300 54 -20 MEMBERSHIPS 1,140 54 -30 TRAINING /EDUCATION COSTS 1,320 * OPERATING EXPENSES 230,450 64 -11 COMPUTER EQUIPMENT - 64 -12 OFFICE EQUIPMENT - CAPITAL OUTLAY - 91 -01 TRANSFER TO GENERAL FUND 383,770 TRANSFERS 383,770 99 -01 PROJECT RESERVE 109,270 * NON OPERATING 109,270 ** STORMWATER ADMINISTRATION $ 845,150 Exhibit "A" FY 2013 -14 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 GENT 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 REPAIRIMAINT COST 47 -10 PRINTING/BINDING SERVICES 49 -16 COMML DRIVERS LIC RENEWAL 51 -10 STATIONERY /PAPER/FORMS 51 -20 OFFICE EQUIPMENT 51 -90 OTHER OFFICE SUPPLIES 52 -10 FUEL /LUBE VEHICLES 52 -20 GENT 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 EXPENSES 64 -11 COMPUTER EQUIPMENT * CAPITAL OUTLAY ** STORMWATER SYSTEM MAINTENANCE $ 193,470 10,000 300 14,390 16,470 450 580 42,050 12,020 500 170 290,400 100 9,420 42,900 990 2,280 8,540 4,900 3,200 800 79,420 14,610 1,430 100,000 54,680 180 50 70 200 38,630 8,000 2,500 700 10,000 10,000 11,200 480 405,280 1,200 1,200 $ 696,880 Exhibit "A" FY 2013 -14 FUND 448 STORMWATER UTILITY FUND Dept 54 Stormwater Utility Div 61 CAPITAL 46 -43 DRAINAGE SWALES $ 100,000 68 -72 NE 3RD ST STREETSCAPE 110,000 68 -86 SWINTON & ATLANTIC INTERS 95,000 XX -XX * ** BLOCK 8 ALLEY 40,000 XX -XX * ** FIRE HQ PUBLIC PLAZA 75,000 XX -XX =_= OSCEOLA ALLEYS PHASE 2 25,000 XX -XX =_= PUMP STATION REHAB 50,000 XX -XX =_= SW 2ND TERR 55,000 XX -XX * ** SW 10TH /9TH AVE IMPROV 50,000 * CAPITAL OUTLAY 600,000 ** CAPITAL $ 600,000 * ** Account number not yet assigned FUND 448 STORMWATER UTILITY FUND Dept 71 Debt Service Div 11Debt Service 71 -16 STORMWATER NOTE 71 -25 2007 UTILITY TAX BONDS PRINCIPAL 72 -16 STORMWATER NOTE - INTEREST 72 -25 2007 UTILITY TAX BONDS INTEREST * DEBT SERVICE ** DEBT SERVICE 39,810 2,840 14,480 49,720 106,850 $ 106,850 * ** STORMWATER UTILITY FUND Is 2,248,880 City of Delray Beach, Florida Program: SWLIB /SWCONDO STORMWATER MANAGEMENT ASSESSMENT Prepared: 7/17/13, 9:33:32 CONDOMINIUM RATES FOR TAX YEAR 2013 Page: 1 Condominium Acacia House Admiral Apts. Ardmore Arnold Industrial Park Astor Atlantic Grove Avenue East Retail Bahama House of D.B. /Brook Bahia at Delray Balmoral Banyan House Banyan Tree village Bar Harbour Barr Terrace Barrton Apts. Beach Cabanas Beach House of Delray Beekman Bella vista Berkshire By The sea Berkshire I Bermuda High Bermuda High South Bermuda High West Blairs Downtown Block 60 Boca Isle /Point at Delray Brooks Lane Cambridge Captains walk Casa Del Mar Casa Playa Chevy Chase Churchill Haven /Ocean Reach Apts. Beach City Walk at Pineapple Grove Coach Gate Coastal House Colridge Commodore Apts. Congress Commerce Center Congress Park office Congress Professional Building Coral Cove Coral Trace office Park Costa Del Rey Country Manors Court of Delray Courtyards at Martel Arms Cove Apts Crest Del Harbour 1040 Del Haven Dr. Del Harbour 1820 S ocean Blvd. Delhaven Delray Beach Club Units ERUs 3 .91 10 .70 13 .70 3 1.00 98 .34 48 .94 6 1.00 22 .70 236 1.00 12 .57 65 .63 55 .96 85 .39 95 .38 103 .46 12 .64 12 .70 14 .70 8 1.00 48 1.00 23 .79 22 1.00 29 .96 46 1.00 3 .89 92 .13 93 .69 6 1.00 8 1.00 57 .86 11 .49 11 .73 16 .70 30 .60 42 .54 7 .97 85 .41 3 .87 8 .70 149 1.00 33 .45 4 1.00 7 .70 20 1.00 37 .68 440 1.00 43 .40 8 .88 5 .70 6 .79 4 .70 18 .32 24 .74 77 .48 City of Delray Beach, Florida Program: SWLIB /SWCONDO STORMWATER MANAGEMENT ASSESSMENT Prepared: 7/17/13, 9:33:32 CONDOMINIUM RATES FOR TAX YEAR 2013 Page: 2 Condominium Units ERUs 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 .72 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 135 .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 7ardin Del Mar 38 .83 Lago Del Rey 338 .86 Lago Del Rey North Amsterdam 30 .57 Lakeside 212 .46 Lakeview Greens 128 .90 Landings of Delray Beach 64 1.00 Lanikai villas 24 .52 Latitude Delray Beach 74 .16 Lavers Delray Racquet Club 566 1.00 Ledges 3 .70 Linton Ridge 84 .39 City of Delray Beach, Florida Program: SWLIB /SWCONDO STORMWATER MANAGEMENT ASSESSMENT Prepared: 7/17/13, 9:33:32 CONDOMINIUM RATES FOR TAX YEAR 2013 Page: 3 Condominium Units ERUs Linton Woods 24 1.00 Lyndon Arms 8 .64 Manor House 24 .67 Marina Bay 2 1.00 Marina Del Rey 10 .70 Mark Downtown 28 .39 Martel Arms 30 1.00 Meridian Delray 59 .44 Miramar Gardens 48 .38 Narberth /ocean Aire 14 .70 New Monmouth 17 .70 ocean City Lofts 68 .31 Ocean East 8 .85 ocean Place 29 1.00 Ocean Place -2155 30 .77 Ocean Terrace 8 .70 one Sixty Center 3 1.00 One Ten Apts 4 .70 Outrigger 25 1.00 Palm Square 8 .70 Palm Trail 22 .70 Palm villas 60 1.00 Palm villas at Delray Beach 4 .95 Park view Manor 16 .55 Patio Beach 10 .70 Pelican Pointe 56 .81 Penthouse Delray 80 .41 Pine Beach South 6 .70 Pineapple Grove Office 2 1.00 Pineapple Grove village 160 .27 Pines of Delray 685 .72 Pines of Delray North 700 .99 Pines of Delray West 287 .78 Plum 7 1.00 Professional Centre at Delray Beach 4 1.00 Ranger 10 .70 Royal Atlantic 16 .26 Sabal Pine 255 .85 Sabal Pine East 222 .93 Sabal Pine South 128 .87 Sands Terrace 14 .36 Savoy 8 .70 Seabreeze of Delray 5 .69 Seagate Manor 63 .51 Seagate Residences 28 1.00 Seagate Towers 149 .49 Seastone Apts. 10 .34 Seaway villas of Delray Beach 6 .70 Serena vista 30 1.00 Seven Seventy 17th Ave. 9 .70 Sherwood Gardens 36 .55 Sloan Hammock Land 5 .98 South Congress Commerce Center 2 1.00 South County Professional 46 1.00 City of Delray Beach, Florida Program: SWLIB /SWCONDO STORMWATER MANAGEMENT ASSESSMENT Prepared: 7/17/13, 9:33:32 CONDOMINIUM RATES FOR TAX YEAR 2013 Page: 4 Condominium South ocean South Shore Club Southridge Southridge village Southwinds Spanish River Spanish Trail Spanish wells St Tropez Stor -all Sunset Pines Tahiti Cove Talbot House III Three Fifty Five Building Tierra Verde at Delray Beach Town & Country Tropic Bay 1 -17 Tropic Harbor Tropic View Twelve -O -Two Valhalla venetian Drive Townhouse venetian village Verano At Delray village at Swinton Square Villas Delray Vista Lago Wallace Drive Commerce Waterview Apts. Waterway East Waterway North Wedgewood West settlers Weston Palms white Columns Williamsburg Inn Windemere House Winston Woodbrooke 250 Congress Ave 5th Avenue At Delray Total condominium units Average ERU /unit . . . Units ERUs 10 1.00 15 1.00 37 1.00 68 .90 84 .69 81 .34 20 .59 240 .72 64 .43 12 .70 66 1.00 18 .79 4 .70 7 1.00 300 .84 148 .57 399 .61 222 .49 48 1.00 6 .58 8 1.00 4 .70 14 1.00 252 .42 100 1.00 7 .39 14 .70 13 1.00 8 .67 22 1.00 15 .92 6 .70 6 .25 4 .16 3 1.00 12 .70 30 .63 8 .78 13 .66 4 1.00 53 .34 203 Records processed 14,157 .75 -- End of Listing --