Ord 20-00`-
i
ORDINANCE NO. 20-00
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF
DELRAY BEACH, FLORIDA, AMENDING CHAPTER 56,
"STORMWATER", SECTION 56.16, "ESTABLISHMENT OF RATES
FOR STORMWATER MANAGEMENT ASSESSMENTS", SUBSECTION
56.16(E) OF THE CODE OF ORDINANCES OF THE CITY OF
DELRAY BEACH BY REPEALING SUBSECTION 56.16 (E) AND
ENACTING A NEW SUBSECTION 56.16 (E) IN ORDER TO REMOVE ~
ANY REFERENCE TO THE MASTER APPRAISAL FILE, PROVIDING
A GENERAL REPEALER CLAUSE, A SAVING CLAUSE AND AN '
EFFECTIVE DATE. I
WHEREAS, Chapter 56 was enacted to aid the City in financing
and managing an effective stormwater management system; and
WHEREAS, Subsection 56.16 (E) establishes a method for
determining the amount of impervious area and total area for parcels to
be assessed pursuant to Chapter 56; and
WHEREAS, Subsection 56.16(E} refers to the Palm Beach County
Master Appraisal File as a source of data for the determination of
impervious and total area of a parcel; and
WHEREAS, Palm Beach County has ceased using a Master
Appraisal File; and
WHEREAS, the City Commission has determined that Subsection
56.16 (E) should no longer refer to or utilize the Master Appraisal File
as a source of data for the determination of impervious and total area
of a parcel.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE
CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS:
Section 1. That Chapter Fifty-Six, "stormwater", Section
56.16, "ESTABLISHMENT OF RATES FOR STORMWATER MANAGEMENT ASSESSMENTS",
Subsection 56.16 (E) of the Code of Ordinances of the City of Delray
Beach, Florida, be, and the same is hereby repealed.
Section 2. That Chapter Fifty-Six, "stormwater", Section
56.16, "ESTABLISHMENT OF RATES FOR STORMWATER MANAGEMENT ASSESSMENTS",
1
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~,
i~ Subsection 56.16 (E) of the Code of Ordinances of the City of Delray
~i Beach, Florida, be, and the same is hereby enacted to read:
(E) The determination of impervious area and total area of a
j Parcel shall be based on data from the Palm Beach County Property
I. Appraiser's Office, Palm Beach County Board of County Commissioners
i~ Information Systems Services, geographical information system analysis
provided by the City of Delray Beach, from aerial photographs,
asbuilts, or from information provided by the owner of such parcel if
the information, as set forth above, is found to be incorrect by clear
and convincing evidence, as determined in the sole discretion of the
Director. Information provided by an owner shall include, at his or
her own cost, such information requested by the Director, including
survey data certified by a professional land surveyor and/or
engineering reports prepared by a professional engineer acceptable to
the Director.
Section 3. That all ordinances or parts of ordinances in
conflict herewith be, and the same are hereby repealed.
Section 4. That should any section or provision of this
ordinance or any portion thereof, any paragraph, sentence, or word be
declared by a court of competent jurisdiction to be invalid, such
' decision shall not affect the validity of the remainder hereof as a
whole or part thereof other than the part declared to be invalid.
Section 5. That this ordinance shall become effective upon
its passage on second and final reading.
PASSED AND ADOPTED in regular session on second and final
reading on this the 7th day of September 2000.
ATTEST:
City C rk
M A Y O R
First Reading August 15, 2000
Second Reading September 7, 2000
2 ORD. NO. 20-00
MEMORANDUM
TO: MAYOR AND CITY COMMISSIONERS
FROM: CITY MANAGER ~/'~
SUBJECT: AGENDA ITEM ~~' ~ -REGULAR MEETING OF SEPTEMBER 7 2000
ORDINANCE NO. 20-00 (AMENDING SUBSECTION 56.1G(El OF THE
CODE OF ORDINANCESI
DATE: AUGUST 30, 2000
This is second reading and a public hearing fox Ordinance No. 20-00 which amends Chapter 56,
"Stormwater", Section 56.16, "Establishment of Rates for Stormwater Management Assessments", by
repealing Subsection 56.16(E) and enacting a new Subsection 56.16(E) in order to remove any
reference to the "Master Appraisal File" (MAF). It is basically a housekeeping item.
This change was requested by the Engineering Division to update the data sources upon which the
City may rely for the determination of unpervious and total areas to be assessed for stormwater
management. Palm Beach County no longer uses a "Master Appraisal File" which the previous
subsection 56.16(E) referenced. The ordinance fiixther specifies those data sources that the City may
rely on now that the County no longer uses the MAF.
At first reading on August 15`s, the City Commission passed the ordinance by a vote of 4 to 0.
Recommend approval of Ordinance No. 20-00 on second and final reading.
~Q.aae~ y-o
Re£Agrnemo2l Ord.20-00. Ch.56.Stormwater
[li4 OF DELRi14 BEfi[H
CITY ATTORNEY'S OFFICE TELE HONE S61v243-7090 •R ACSEMILE 5610/278-47SS444
DELRAY BEACH
F i o n i o n
1 `~~
;~~ C~
® DATE
1993
TO:
FROM:
SUBJECT:
MEMORANDUM
August 1, 2000
Wnter's Duect Lme: (S61) 243-7090
City Commission
David T. Harden, City Manager
Jay T. Jambeck, Assistant City Attome
Proposed Ordinance Amending Subs tion
Ordinances
56.16(E) of the Code of
Attached please find a proposed ordinance for your review on a first reading.
This ordinance change to Chapter 56, "Stormwater," was requested by Engineering in
order to update the data sources upon which the City may rely for the determination of
impervious and total areas to be assessed for stormwater management. The change was
required because Palm Beach County no longer uses a "Master Appraisal File" (MAF)
which the previous subsection 56.16(E) referenced.
The ordinance, if enacted, would repeal subsection 56.16(E) of the Ciry's Code
of Ordinances and reenact subsection 56.16(E) to remove any reference to the Palm
Beach County's MAF. The ordinance further specifies those data sources that the City
may rely on now that the County no longer utilizes the MAF.
No other changes were made to the City's stormwater management assessment
procedures or to the methods for determining the amount of those assessments.
Please place this item on the agenda for the August 15, 2000 City Commission
meeting. If you should have any questions whatsoever, please do not hesitate to contact
me.
Attachment
cc: Alison MacGregor Harty, Ciry Clerk 15f ~Z~~"I " - -l
Randal Krejcarek, City Engineer ~~55~ r j5l a0~
Angela Rowe, Stormwater Utilities Technician ~(
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