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Res 67-97 RESOLUTION NO. 67-97 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 BENEFITED AREA, OTHER THAN NON-ASSESSED PROPERTY; PROVIDING FOR A PUBLIC HEARING, ALL IN ACCORDANCE WITH CHAPTER 56 OF THE CODE OF ORDINANCES OF THE CITY OF DELRAY BEACH, FLORIDA, AND RELEVANT STATUTORY AUTHORITY; PROVIDING FOR THE CERTIFICATION AND ADOPTION OF THE STORMWATER MANAGEMENT ASSESSMENT ROLL. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS: 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, Florida, 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, Florida, 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, Ordinance No. 21-90, as amended, 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, Ordinance No. 21-90, as amended, 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, Ordinance No. 21-90, as amended, 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, 1998, is set forth herein 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, Florida; 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 Ordinance No. 21-90, as amended, 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 - 2 - Res. No. 67-97 WHEREAS, the owner of each parcel within the benefited area for which a stormwater assessment is levied shall thereafter be responsible for payment thereof. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS: Section 1. That the City Commission of the City of Delray Beach, Florida, does hereby adopt the aforementioned preamble in its entirety. Section 2. That the City Commission of the City of Delray Beach does hereby adopt, after public hearing, the budget as established in Exhibit "A" hereto which is incorporated herein. Section 3. That the City Commission of the City of Delray Beach does hereby adopt, after public hearing, the rates as set forth in Exhibit "B" which is incorporated herein. Section 4. That the City Commission of the City of Delray Beach hereby adopts and certifies the Stormwater Management Assessment Roll. PASSED AND ADOPTED in regular session on this the 9th day of September, 1997. ATTEST: ~AO~ ~City-Ci~rk - 3 - Res. No. 67-97 EXHIBIT "A" to RESOLUTION NO. 67-97 Affachment "A" FY 1997-98 FUND 448 STORMWATER UTILITY FUND DEPT 54 STORMWATER UTILITY Manager's DIV Il ADMINISTRATION Recommended ! 2-10 REGULAR SALARIES/WAGES 29,850 21-10 EMPLOYER FICA 2,270 22-10 GEN'L EMP RETIREMENT 1,870 23-10 LIFE INSURANCE 140 23-20 DISABILITY INSURANCE 320 23-30 HEALTH INSURANCE 2,170 24-10 WORKERS' COMPENSATION 1,450 25- ! 0 UNEMPLOYMENT COMPENSATION 20 25-20 EMPLOYEE ASSISTANCE PROGRAM 40 * PERSONAL SER VICES 38,130 31-30 ENGINEERING/ARCHITECT 13,500 32-10 AUDIT/ACCOLrNT1NG FEES 300 34-90 OTHER CONTRACTUAL SERVICE 4,000 40-10 TRAVEL & TRAINING 590 41-10 TELEPHONE EXPENSE 220 42-10 POSTAGE 200 43-50 STORMWATER CHARGES 290 44-45 VEHICLE RENTAL-GARAGE 1,720 45-10 GENERAL LIABILITY 5,870 46-20 EQUIPMENT MAINTENANCE 1,500 46-30 VEHICLE MAINT-GARAGE 800 46-90 OTHER REPAIR/MAINT COST 7,800 48-20 EMPL RECOGNITION AWARD 50 49-22 SHARE OF ADMIN EXPENSE 40,000 49-90 OTHER CURRENT CHARGES 500 51 - 10 STATI ONERY/PAPER~'FORM S 400 51-20 OFFICE EQUIP < 500 1,260 51-90 OTHER OFFICE SUPPLIES 290 52- l 0 FUEL/LUBE VEHICLES 450 52-20 GENERAL OPERATING SUPPLIES 250 52-22 UNIFORMS/LINEN SERVICE 90 54-15 SUBSCRIPTIONS 120 54-30 TRAINING/EDUCATION COSTS 240 * OPERA TING EXPENSES 80,440 63-90 OTHER IMPROVEMENTS 920,000 * CAPITAL OUTLAY 920,000 99-01 PROJECT RESERVE 177,420 91-01 TRANSFER TO GENERAL FUND 30,000 * NON-OPERA TING EXPENSES 207,420 ** ADMINISTRATION 1,245,990 Exhibit "A" to Res. No. 67-97 Page 1 of 2 Attachment "A" FY 1997-98 FUND 448 STORMWATER UTILITY FUND DEPT 54 STORMWATER UTILITY Manager's DIV 16 STORMWATER SYSTEM MAINTENANCE Recommended 12-10 REGULAR SALARIES/WAGES 121,100 14-10 OVERTIME 3,960 21-10 EMPLOYER FICA 9,300 22-10 GEN'L EMP RETIREMENT 7,580 23-10 LIFE INSURANCE 430 23-20 DISABILITY INSURANCE 1,310 23-30 HEALTH INSURANCE 10,840 24-10 WORKERS' COMPENSATION 12,790 25-10 UNEMPLOYMENT COMPENSATION 110 25-20 EMPLOYEE ASSISTANCE PROGRAM 210 * PERSONAL SERVICES 167,630 31-20 MEDICAL 100 34-70 PHOTO/MICROFILM SERVICES 100 34-78 REPAIR & UPKEEP CANALS 6,000 34-90 OTHER CONTRACTUAL SERVICE 50,140 40-10 TRAVEL & TRAINING 1,190 43-10 ELECTRICITY 7,560 43-20 WATER AND SEWER 600 43-25 IRRIGATION WATER 300 44-10 LAND RENTAL/LEASE 100 44-30 EQUIPMENT RENTAL/LEASE 300 44-45 VEHICLE RENTAL-GARAGE 14,500 45-10 GENERAL LIABILITY 7,920 46-20 EQUIPMENT MAINTENANCE 100 46-30 VEHICLE MAINT-GARAGE 23,500 46-90 OTHER REPAIR/MAINT COST 10,000 48-20 EMPL RECOGNITION AWARD 250 5 l- 10 STA TI ONERY/PAPERYFORMS 200 51-90 OTHER OFFICE SUPPLIES 100 52-10 FUEL/LUBE VEHICLES 4,350 52-20 GENERAL OPERATING SUPPLIES 1,700 52-22 UNIFORMS/LINEN SERVlCE 1,700 52-24 BUILDING MATERIALS 1,900 52-26 GARDENING SUPPLIES 6,000 52-27 EQUIPMENT < $500 1,900 53-20 REPAIRS - DRAINAGE 7,540 54-20 MEMBERSHIPS 50 54-30 TRAINING/EDUCATION COSTS 600 * OPEt~4 TING EXPENSES 148,700 64-90 OTHER MACHINERY/EQUIPMENT 10,680 * CAPITAL OUTLAY i 0,680 ** STORMWATER SYSTEM MAINTENANCE 327,010 **** STORMWATER UTILITY FUND 1,573.000 Exhibit "A" to Res. No. 67-97 Page 2 of 2 EXHIBIT "B" TO RESOLUTION NO. 67-97 Property Total 12 Month Description Rate Structure Assessment Single Family Residential ($4.50/Mo./ERU) (12 Mo.) (1 ERU) $ 54.00 Condominium ($4.50/Mo./ERU) (12 Mo.) (Condo Factor) $ 54.00 (ERU/Unit) x CF* Single Owner Multi-Family Residential ($4.50/Mo./ERU) (12 Mo.) $ 54.00/ERU Non-Residential Developed ($4.50/Mo./ERU) (12 Mo.) $ 54.00/ERU Undeveloped ($4.50/Mo./ERU) (12 Mo.) (1.20 ERU/AC) $ 64.80/AC Ail 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 condominimum factor (0.0 - 1.0) has been determined for each condominium development. A list of those factors is attached. Page 1 of 4 City of Delray Beach, Florida Program: SWLIB/SWCONDO STOB/~WATER MANAGEMENT ASSESSMENT Prepared: 9/05/97, 8:29:39 CONDOMINIUM RATES FOR TAX YE~_R 1997 Page 1 Condominium Units ERUs Acacia House 3 .91 Admiral Apts. 10 .70 ;Lnchorage 7 .36 Ardmore 13 .70 Arnold Industrial Park 3 .70 Bahama House of D.B./Brook Haven/Ocean Reach Apts. 22 .70 Balmoral 12 .57 Banyan House 65 .63 Banyan Tree Village 55 .96 Bar Harbour 85 .39 Bart Terrace 96 .38 Barrton Apts. 102 .46 Beach Cabanas 12 .64 Beach Mouse of Delray 12 .70 Beckman 14 .70 Berkeshire II 48 1.00 Berkshire I 23 .79 Bermuda High 22 1.00 Bermuda High South 29 .94 Bermuda High West 46 1.00 Boca Isle/Point at Delray Beach 93 .69 Brooks Lane 6 1.00 Can%bridge 8 1.00 Captains Walk 57 .86 Casa Del Mar I1 .49 Chevy Chase 16 .70 Churchill 30 .60 Coach Gate 7 .97 Coastal House 85 .41 Commodore Apts. 8 .70 Coral Cove ? .70 Costa Del Rey 40 .63 Costa Del Rey North 30 Country Manors 440 1.00 Court of De!ray 43 .40 Cove Apts 5 .70 Crest 6 .79 Del Harbour 18 .32 Del Harbour Condominium 4 .70 Delhaven 24 .74 Delray Bch Club 77 .47 Delray Dental Specialists 3 .70 Delray Estates 324 .55 Delray Golfview 36 .57 Delray Harbour Club 50 .44 Delray Oaks 142 .95 Delray Oaks West 216 .95 Delray Ocean Villas 15 .70 Delray Place 42 .35 Delray Shores Professional 8 1.00 Detray Su_~unit 66 .41 Domaine Delray 60 .91 Dover House 45 .48 Eastview of Delray Beach 3 .70 Exhibit "B" to Res. No. 67-97 Page 2 of 4 City of Delray Beach, Florida Program: SWLIB/SWCONDO STORMWATER MANAGEMENT ASSESSMENT Prepared: 9/05/97, 8:29:39 CONDOMINIUM RATES FOR TAX YEAR 1997 Page 2 Condominium Units ERUs 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 Encounter 46 .70 Georgia Street Industrial Park 3 .70 Golfview Colony 8 1.00 Greensward Village 136 .91 Grove 28 .99 H~ilton House 24 .77 Harbour Pointe of Delray 10 .70 Harbour Villas 17 .56 Harhourside I-III 176 .67 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 Jardin Del Mar 38 .83 Lago Del Hey 338 .86 Lago Del Rey North Amsterdam 30 .57 Lakeview Greens 128 .90 Landings of Delray Beach 27 .63 Lanikai Villas 24 .52 Lavers Delray Racquet Club 566 .99 Ledges 3 .70 Linton Ridge 84 .39 Linton W~ods 24 1.00 Lyndon Arms 8 .64 Manor Hsuse 24 .67 Marina Del Hey 10 .70 Mattel Arms 30 1.00 Miramar Gardens 48 .38 Narberth/Ocean Aire 14 .70 New Monmouth 17 .70 Ocean East 8 .85 Ocean Place 29 1.00 Ocean Terrace 8 .70 One Sixty Center 5 1.00 One Ten Apts 4 .70 Outrigger 25 1.00 Palm Square 8 .70 Palm Trail 22 .70 Palm Villas 60 1 00 Park View Manor 16 55 Patio Beach 10 70 Pelican Pointe 56 1 00 Penthouse Delray 80 41 Pine Beach South 6 70 Pines of Delray 685 72 Exhibit "B" to Res. No. 67-97 Page 3 of 4 City of Delray Beach, Florida Prograph: SWLIB/SWCONDO STORMWATER MANAGEMENT ASSESSMENT Prepared: 9/05/97, 8:29:39 CONDOMINIUM RATES FOR TAX YEAR 1997 Page 3 Condominium Units ERUs Pines of Delray North 700 .99 Pines of Delray West 287 .75 Plum 7 1.00 Ranger 10 .70 Saba! Pine 256 .85 Sabal Pine East 222 .93 Sabal Pine South 128 .87 Sands Terrace 14 .50 Savoy 8 .70 Seabreeze of De!ray 5 .69 Seagate Manor 63 .51 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 South County Professional 44 .70 South Ocean 10 1.00 South Shore Club 15 1.00 Southridge 37 1.00 Southridge Village 68 .90 Southwinds 84 .69 Spanish River 81 .34 Spanish Trail 20 .59 Spanish Wells 240 .72 Stor-ail 12 .70 Tahiti Cove 18 79 Talbct House III 4 70 Three Fifty Five Building 7 1 00 Town & Country 148 57 Tropic Bay 1-17 399 61 Tropic Harbcr 222 49 Tropic View 48 i 00 Twelve-O-Twc 6 58 Valhalla 8 1 00 Venetian Drive Townhouse 4 70 Venetian Village 14 1 00 Vista Lago 14 70 Waterview Apts. 8 67 Waterway East 19 1 00 Waterway North 15 92 Wedgewood 6 70 Williamsburg Inn 12 70 Windemere House 30 63 Winston 8 56 Woodbrooke 13 66 Total condominium units . . . : 11,688 Average ERU/unit ...... : .76 154 Records processed -- End of Listing -- Exhibit "B" to Res. No. 67-97 Page 4 of 4 MEMORANDUM TO: Robert A. Barcinski, Assistant City Manager FROM: Alison MacGregor Harty, City Clerk~ SUBJECT: Resolution No. 67-97 (Stozmwater Utility) DATE: September 15, 1997 Attached for your file is an executed copy of Resolution No. 67-97. It establishes a budget for the stormwater utility system, establishes the rates for FY 1998 stormwater management assessments, and certifies and adopts the stormwater assessment roll. Resolution No. 67-97 was passed and adopted by the City Commission on September 9, 1997. If you have any questions, please do not hesitate to contact me. AMH/m Attachment cc: Susan A. Ruby, City Attorney Joe Safford, Finance Director Hoyt Owens, Deputy Director Public Works Angela Rowe, Stormwater Utility Technician [lTV OF DELAI:IV BEI:I[H AII-AmericaCity September 11, 1997 Mr. John K. Clark Palm Beach County Tax Collector County Governmental Center 301 N. Olive Avenue West Palm Beach, FL 33401 Re: Stormwater Utility Assessment Roll - City of Delray Beach Dear Mr. Clark: Attached please find the City of Delray Beach's non-ad valorem assessment roll for its Stormwater Utility (on magnetic tape), together with the executed Certificate to Non-Ad Valorem Assessment Roll. The assessment has been written to the Name-Address-Legal (NAL) file issued to the City by the Palm Beach County Property Appraiser's Office. If you have any questions or require additional information, please contact Angela Rowe, Stormwater Utility Technician, at 561/243-7928. Sincerely, . '~ City Clerk AMH/m Attachments cc: David T. Harden, City Manager Robert A. Barcinski, Assistant City Manager Joe Safford, Finance Director Angela Rowe, Stormwater Utility Technician P.B.C. Tax Collector's Office DR-408A New 0~1 CERTIFICATE TO NON-AD VALOREM ASSESSMENT ROLL I, the undersigned, hereby certify that I am the Chairman of the Board, or authorized agent of the City of Delra¥ Beach located in Palm Beach (name of local government) County, Florida; as such I have satisfied myself that all property included or includable on the Non-Ad Valorem Assessment Roll for the aforesaid county is properly assessed so far as I have been able to ascerta/n; and that all required extensions on the above described roll to show the non-ad valorem assessments attributable to the property listed therein have been made pursuant to law. I further certify that upon completion of this certificate and the attachment of same to the herein described Non-Ad Valorem Assessment Roll as a part thereof, that said Non-Ad Valorem Assessment Roll will be delivered to the Tax Collector of this county. In witness whereof, I have subscribed this certificate and caused the same to be attached to and made a part of the above described Non-Ad Valorem Assessment Roll this the 10th dayof September ,19 97 . ~ p ~Nma~ faL~al Gove~-nment) ATTEST: County, Florida MEMORANDUM TO: MAYOR AND CITY COMMISSIONERS FROM: CITY lVlJ~AGER/~ SUBJECT: AGENDA ITEM # /~'- REGULAR MEETING OF SEPTEMBER 9, 1997 RESOLUTION NO. 67-97 (STORMWATER UTILITY SYSTEM) DATE: SEPTEMBER 5, 1997 Resolution No. 67-97 establishes the budget for the stormwater utility system, establishes the rates for FY 1998 stormwater 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 (ERU), 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. 67-97 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 September 9th meeting. Recommend approval of Resolution No. 67-97. ref:agmemol8 0 0 ~ I-'. hi 0 N'ct ~ ~ (D ~ fl) fl) OH 0 oU ~o (~ o