Res 34-15RESOLUTION NO. 34-15
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, Flol da, did, on
July 10, 1990, adopt Ordinance No. 21-90, which provides for the creation and establishment of a
City-wide Storm -water Management System; and
WHEREAS, the City Commission of the City of Deltay Beach did, on Apra 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 Chatter of the City of Delray Beach, Flotida; 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 stortnwater 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, 2016, 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 storxnwater 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 Stortnwater Management Assessment Roll and certify
that the Stoti water 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. 34-15
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. hetero.
Section. 3. That the City Commission does hereby adopt, after public heating,
the rates as set forth in Exhibit `B" hereto which is incorporated herein.
Section 4. That the City Commission hereby adopts and certifies the
Stotinwater Management Assessment Roll.
ATTEST:
Section. 5. This resolution shall take effect immediately upon its adoption.
PASSED AND ADOPTED in regular session on this the le day of July, 2015.
City Clerk
3 RES. NO. 34-15
EXHIBIT `B" TO RESOLUTION NO. 34-15
Property Total 12 Month
Description Rate Structure Assessment
Single Family
Residential ($5.33/Mo./ERU) (12 Mo.) (1 ERU) $ 63.96
Condominium ($5.33/Mo./ERU) (12 Mo.) (Condo Factor) $ 63.96
(ERU/Unit) x CF*
Single Owner
Multi -Family
Residential. ($5.33/Mo./ERU) (12 Mo.) $ 63.96/ERU
Non -Residential
Developed ($5.33/Mo./ERU) (12 Mo.) $ 63.96/ERU
Undeveloped ($5.33/Mo./ERU) (12 Mo.) (1.20 ERU/AC) $ 76.75/AC
All properties within the Labe Worth Drainage District (LWDD), as indicated by the LWDD's
boundary map, shallreceive 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. 34-15