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Res 44-03RESOLUTION NO. 44-03 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DEl,RAY BEACH, FLORIDA, ESTABLISHING A BUDGET FOR THE STORMWATER UTILITY SYSTEM; ESTABLISHING RATES FOR STORMWATER MANAGEMENT ASSESSMENTS FOR EACH PARCEL WITHIN THE BENEFITED AREA, OTHER THAN NON-ASSESSED PROPERTY; PROVIDING FOR A PUBLIC HEARING, AI.I. IN ACCORDANCE WITH CHAPTER 56 OF THE CODE OF ORDINANCES OF THE CITY OF DELRAY BEACH, FLORIDA, AND R~I.F~VANT STATUTORY AUTHORITY; PROVIDING FOR THE CERTIFICATION AND ADOPTION OF THE STORMWATER ASSESSMENT ROLL. WHEREAS, the City Commission of the City of Delray Beach, Florida, did, on July 6, 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 City Code 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 City Code 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 City Code 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, 2004, 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 Dekay 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 City Code, 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 therefor. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF DEI.RAY BEACH, FLORIDA, AS FOI J.OWS: 2 RES. NO. 44-03 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. PASSED AND ADOPTED in regular session on this the 22~ day of july, 2003. AT/~ST: City Clerk 3 RES. NO. 44-03 Exhibit "A" FY 2003-04 FUND 448 STORM~tATER UTILITY FUND Dept 54 Stormwater Utility Div 11 Administration 12-10 21-10 22-10 22-30 23-10 23-20 23-30 24-10 25-10 25-20 REGULAR SALARIES/WAGES EMPLOYER FICA GEN'L EMP RETIREMENT ICMA CO~UTIONS LIFE INSURANCE DISABILITY INSURANCE HEALTH INSURANCE WORKERS' COMPENSATION UNEMPLOYMENT COMPENSATION EMPLOYEE ASSISTANCE PROG. PERSONAL SERVICES 39,730 2,990 1,470 400 190 270 5,160 1,480 50 51,780 31-30 31-90 32-10 40-10 41-10 42-10 44-30 44-45 45-10 46-30 46-90 47-20 49-22 51-10 51-90 52-10 52-20 52-22 54-10 54-15 54-20 54-30 ENGINEERING/ARCHITECT OTHER PROFESS SERVICES AUDIT/ACCOUNTING FEES TRAVEL & TRAINING TELEPHONE EXPENSE POSTAGE EQUIPMENT RENTAL/LEASE VEHICLE RENTAL-GARAGE GENERAL LIABILITY VEHICLE MAINT-GARAGE OTHER REPAIR/MAINT COST REPRODUCTION CHARGES SHARE OF ADMIN EXP STATIONERY/PAPER/FORMS OTHER OFFICE SUPPLIES FUEL/LUBE VEHICLES GEN% OPER SUPPLIES UNIFORMS/LINEN SERVICE BOOKS & PUBLICATIONS SUBSCRIPTIONS MEMBERSHIPS TRAINING/EDUCATION COSTS OPER~ TING EXPOSES 25,100 10,000 500 600 210 2O0 2,760 1,780 5,790 1,000 5,850 500 70,000 1,150 3OO 100 360 180 250 50 83O 520 128,030 66-10 91-.01 10 SOFTWARE CAPITAL OUTLAY TRANSFER TO GENERAL FUND TRANSFERS 5,400 5,400 82,000 82,000 ** STORMWATER ADMINISTRATION $ 267,210 Exhibit "A" FY 2003-04 FUND 448 STORMAVATER UTILITY FUND Dept 54 Stormwater Utility Div 16 Maintenance 12-10 14-10 15-50 21-10 22-10 22-30 23-10 23 -20 23-30 24-10 25-10 25-20 REGULAR SALARIES/WAGES OVERTIME OTHER PAY EMPLOYER FICA GEN'L EMP RETIREMENT ICMA CO~UTIONS LWE INSURANCE DISABILITY INSURANCE HEALTH INSURANCE WORKERS' COMPENSATION UNEMPLOYMENT COMPENSATION EMPLOYEE ASSISTANCE PROG. PERSONAL SERVICES 31-20 34-70 34-78 34-90 40-10 41-15 43-10 43-25 44-10 44-30 44-45 45-10 46-20 46-30 47-10 49-16 51-10 51-90 52-10 52-20 52-22 52-24 52-26 52-27 53-20 54-20 54-30 MEDICAL PHOTO/MICROFILM SERVICES REPAIR & UPKEEP CANALS OTHER CONTRACTUAL SERVICE TRAVEL & TRAINING PORTABLE PHONE/BEEPER ELECTRICITY IRRIGATION WATER LAND RENTAL/LEASE EQUIPMENT RENTAL/LEASE VEHICLE RENTAL-GARAGE GENERAL LIABILITY EQUIPMENT MAINTENANCE VEHICLE MAINT-GARAGE OTHER REPAIR/MAINT COST PRINTING/BINDING SERVICES COMML DRIVERS LIC RENEWAL STATIONERY/PAPER/FORMS OTHER OFFICE SUPPLIES FUEL/LUBE VEHICLES GEN'L OPER SUPPLIES UNIFORMS/LINEN SERVICE BUILDING MATERIALS GARDENING SUPPLIES EQUIPMENT < $750 REPAIRS - DRAINAGE MEMBERSHIPS TRAINING/EDUCATION COSTS O?ERd T~NG EXPE~VSES OTHER IMPROVEMENTS CAPITAL OUTLAY 160,710 10,000 300 16,380 5,950 1,000 960 1,110 25,780 13,060 210 250 235,710 570 100 9,450 27,690 1,520 30 9,600 3,600 1,630 1,000 27,760 9,920 35O 33,700 33,550 200 50 30O 7,500 5,500 2,400 1,000 7,040 4,000 10,000 100 1,100 199,750 907,000 907,000 ** STORMV~ATER SYSTEM MAINTENANCE $ 1,342,460 Exhibit FY 2003-04 FUND 448 STORMWATER UTILITY FUND Dept 54 Stormwater Utility Div 61 Capital 65-67 99-01 TROPIC ISLES CB R & R PROJECT RESERVE CAPITAL OUTIAY ** CAPITAL 50,000 2~730 52,730 $ 52,730 FUND 448 STORMWATER UTILITY FUND Dept 71 Debt Service Div 11 Debt Service 71-16 72-16 STO MWATER NOTE STORMWATER NOTE-INTEREST DEBT SER VICE ** DEBT SERVICE 23,190 30~240 53,430 -*- STO~nVA~R trrmrrv ~o I $ 1,715,8301 City of Delray Beach, Florida Program: SWLIB~SWCONDO STORMWATER MANAGEMENT ASSESSMENT Prepared: 7/14/03, 10:58:35 CONDOMINIUM RATES FOR TAX YEAR 2003 Page: 1 Condominium Units ERUs Acacia House Admiral Apts. Anchorage Ardmore Arnold Industrial Park Bahama House of D.B./Brook Haven/Ocean Reach Apts. Balmoral Banyan House Banyan Free Village Bar Harbour Barr Terrace Barrton Apts. Beach Cabanas Beach House of Delray Beekman Berkeshire II Berkshire I Bermuda High Bermuda High South Bermuda High West Blairs Arcade Blairs Downtown Block 60 Boca Isle/Point at Delray Beach Brooks Lane Cambridge Captains Walk Casa Del Mar Casa Playa Chevy Chase Churchill Coach Gate Coastal House Colridge Commodore Apts. Congress Professional Building Coral Cove Costa Del Rey Costa Del Rey North Country Manors Court of Delray Cove Apts Crest Del Harbour Del Harbour Condominium Delhaven Delray Bch Club Delray Beach Yacht Club Condo Delray Dental Specialists Delray Estates Delray Golfview Delray Harbour Club Delray Oaks Delray Oaks West 3 .91 10 .70 8 .32 13 .70 3 1.00 22 .70 12 .57 65 .63 55 .96 85 .39 96 .38 103 .46 12 .64 12 .70 14 .70 48 1.00 23 .79 22 1 00 29 94 46 1 00 5 1 00 3 89 92 13 93 69 6 1 00 8 1 00 57 86 11 49 11 73 16 70 30 60 7 97 85 41 3 87 8 .7O 3 1.00 7 .70 40 .63 30 77 440 1 00 43 40 5 7O 6 79 18 32 4 70 24 74 77 47 12 53 3 70 324 55 36 57 50 44 142 95 256 1 00 City of Delray Beach, Florida Program: SWLIB~SWCONDO STORMWATERMANAGEMENT ASSESSMENT Prepared: 7/14/03, 10:58:35 CONDOMINIUM RATES FOR TAX YEAR 2003 Page: 2 Condominium Units ERUs Delray Ocean Villas ~ ~- Delray Place 42 .35 Delray Shores Professional Delray Summit Domaine Delray Dover House Eastview of Delray Beach Eastview Village Square Eastwinds Eight Hundred Ocean Place Environment I Fairway~ Fall Rlage First Encounter Georgia Street Industrial Park Golfview Colony Greensward Village 'Grove Hamilton House Harbour Pointe of Delray Harbour Villas Harhourside I-III High Point Imperial Manor Imperial Villas Ingraham House Inlet Cove Inner Circle Intercoastal Cove Jardin Del Mar Lago Del Rey Lago Del Rey North Amsterdam Lakeview Greens Landings.of Delray Beach Lanikal villas Lavers Delray Racquet Club Ledges Linton Ridge Linton Woods Lyndon Arms Manor House Marina Ba Marina De{ Rey Martel Arms Miramar Gardens Narberth/Ocean Aire New Monmouth Ocean East Ocean Place Ocean Terrace One Sixty Center One Ten Apts OUtrigger Palm Square 8 1.00 66 .41 60 .91 45 .48 3 .70 24 1.00 .69 1.00 .93 1.00 1.00 .70 1.00 1.00 91 99 77 70 56 67 76 70 96 70 1.00 .72 .70 .83 .86 .57 .90 1.00 .52 1.00 .70 .39 1.00 .64 .67 1.00 .70 1.00 .38 .70 .70 .85 1.00 .70 1.00 .70 1.00 .70 84 8 92 72 60 46 3 8 136 28 24 10 17 176 1,992 12 199 4 16 16 4 38 338 30 128 64 24 566 3 84 24 8 24 2 10 30 48 14 17 8 29 8 5 4 25 8 City of Delray Beach, Florida Program: SWLIB/SWCONDO STORMWATER MANAGEMENT ASSESSMENT Prepared: 7/14/03, 10:58:35 CONDOMINIUM RATES FOR TAX YEAR 2003 Page: 3 Condominium Units ERUs Palm Trail Palm Villas Park View Manor Patio Beach Pelican Pointe Penthouse Delray Pine Beach South Pines of Delray Pines of Delray North Pines of Delray West Plum Ranger 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. Sloan Hammock Land South Congress Commerce Center South County Professional 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 Town & Country Tropic Bay 1-17 Tropic Harbor Tropic View Twelve-O-Two Valhalla Venetian Drive Townhouse Venetian Village Villas Delray Vista Lago Waterview Apts. Waterway East Waterway North 22 .70 60 1.00 16 .55 10 .70 56 1.00 80 .41 6 .70 685 .72 700 .99 287 .75 7 1.00 10 .70 256 .85 222 .93 128 87 14 50 8 70 5 69 63 51 149 49 10 34 6 70 30 1 00 9 70 5 98 2 1 00 45 1 00 10 1 00 15 1 00 37 1.00 68 .90 84 .69 11 1.00 20 .59 240 .72 64 .43 12 .70 66 1.00 18 .79 4 .70 7 1.00 148 .57 399 .61 222 .49 48 1.00 6 .58 8 1.00 4 70 14 1 00 7 39 14 70 8 67 21 1 00 15 92 City of Delray Beach, Florida Program: SWLIB/SWCONDO STORMWATER MANAGEMENT ASSESSMENT Prepared: 7/14/03, 10:58:35 CONDOMINIUM RATES FOR TAX YEAR 2003 Page: 4 Condominium Units ERUs Wedgewood 6 .70 Williamsburg Inn .70 Windemere House 30 Winston Woodbrooke Total condominium units . . . : 11,975 Average ERU/unit ...... : .77 167 Records processed -- End of Listing -- 12 8 13 .63 .78 .66 Property Description Single Family Residential Condominium Single Owner Multi-Family Residential Non-Residential Developed Undeveloped EXHIBIT "B" TO RESOLUTION NO. 44-03 Rate Structure ($4.50/Mo./ERU) (12 Mo.) (1 ERU) ($4.50/Mo./ERU) (12 Mo.) (Condo Factor) (ERU/U it) ($4.50/Mo./ERU) (12 Mo.) ($4.50/Mo./ERU) (12 Mo.) ($4.50/Mo./ERU) (12 Mo.) (1.20 ERU/AC) Total 12 Month Assessment $ 54.00 $ 54.00 x CF* $ 54.00/ERU $ 54.00/ERU $ 64.80/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. RES. NO. 44-03 MEMORANDUM TO: FROM: SUBJECT: MAYOR AND CITY COMMISSIONERS CITY MANAGER ~ AGENDA ITEM # ~ - REGULAR MEETING OF IULY 22. 2003 RESOLUTION NO. 44-03 (STORMWATER UTILITY SYSTEM) DATE: JULY 18, 2003 In accordance with Chapter 56, "Stormwater", of the City Code, Resolution No. 44-03 establishes the budget for the stormwater utility system, establishes the rates for FY 2004 storrnwater management assessments, and certifies and adopts the stormwater management assessment roll. Prior to consideration, a public hearing is required. The assessment is proposed at the rate of $4.50 per month per Equivalent Residential Unit 0SRU), for a total annual assessment of $54.00 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. 44-03 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 22"d meeting. Recommend approval of Resolution No. 44-03. Ref'.Agmemo 19.Res. 44-03.Stormwater.07.22.03