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Home My WebLink AboutO-11076J-93-497 7/12/93 110'76 ORDINANCE NO. AN EMERGENCY ORDINANCE AMENDING CHAPTER 53.5, ENTITLED "STORMWATER", OF THE CODE OF THE CITY OF MIAMI, FLORIDA AS AMENDED, BY CLARIFYING THE STANDARDS AND REVIEW CRITERIA FOR ADJUSTMENT OF FEES IN SECTION 53.5-26(b); AND CONTAINING A REPEALER PROVISION AND A SEVERABILITY CLAUSE. WHEREAS, the City Commission adopted Ordinance No. 10395 on March 10, 1988, to establish a Stormwater Utility System for the City of Miami; established a schedule for rates; established a method and procedure for the collection of stormwater utility fees; provided grounds and procedures for adjustment of fees; established a stormwater utility trust fund; directed the City Manager to keep records; provided for an effective date; and provided for inclusion in the City Code; and WHEREAS, said Ordinance No. 10395 as amended by Ordinance No. 10618, establishes certain general standards and criteria to be utilized in the review of adjustment request; and WHEREAS, the stated design criteria in Section 53.5-26(b)(3) for the design of storm water systems no longer reflects current City practice and is subject to further adjustment due to changing local, State, and Federal requirements; and WHEREAS, it is now in order to provide for past and future adjustments to the minimum stormwater system criteria; and 11076 WHEREAS to be eligible for a fee adjustment, other than measurement correction, the privately constructed stormwater system must accept stormwater from the public right-of-way thereby benefiting the City -owned and maintained public stormwater system funded by this utility; and WHEREAS, compliance with private property on -site stormwater retention and drainage rules and regulations set by the South Florida Building Code and the City of Miami, or other regulatory agency, is not cause for a stormwater utility fee adjustment; and WHEREAS, it is now in order, in the interest of clarity, to provide further definition to the stormwater systems addressed by section 53.5-26(b)(3), (4), (5) of the Code of the City of Miami, Florida; NOW, THEREFORE, BE IT ORDAINED BY THE COMMISSION OF THE CITY OF MIAMI, FLORIDA: Section 1. Chapter 53.5 of the Code of the City of Miami, Florida, as amended, is hereby amended in the following particulars:.1/ "Chapter 53.5 STORMWATER ARTICLE II. UTILITY SYSTEM Words and/or figures stricken through shall be deleted. Underscored words and/or figures shall be added. The remaining provisions are now in effect and remain unchanged. Asterisks indicate omitted and unchanged material. 11076 -2- Sec. 53.5-26 Adjustment of fees. s (b) The following standards and review criteria shall apply to all adjustment requests of the stormwater utility fee: (1) Existing or special characteristics of the site or parcel for which the adjustment request is made will be considered. (2) The amount of on site impervious area. (3) - - - - storm crtturtu The design storm frequency and storm duration criteria currently in use by the department of public works at the time of the adjustment request will be the minimum accepted and the standard recognized by the director- for stormwater systems drainingthe public right of way. (4) Ponds, exfiltration systems or positive drainage facilities accept ng stormwater from the public right of way must meet applicable city, state, and federal requirements including groundwater protection devices and outfall treatment and conveyance systems required by all governing bodies. (5) Ponds, exfiltration systems or positive drainage facilities accepting stormwater from the *ublic right of way must be maintained according to city standards and must function in accordance with required city design standards. (6) Adjustments will not be granted for swimming pools, reflecting pools, existing open ditch systems, and swales. Ad-iustments will not be granted for compliance with on -site storm drainage/ retention rules and regulations for private property. development." Section 2. The recitals and findings contained in the Preamble to this Ordinance are hereby adopted by reference thereto and incorporated herein as if fully set forth in this Section. 110'76 -3- Section 3. Should any part of this Ordinance be declared invalid by a court of competent jurisdiction, the remaining portions hereof shall not be affected and shall remain in full force and effect. Section 4. All ordinances or parts of ordinances insofar as they are inconsistent or in conflict with the provisions of this Ordinance are repealed to the extent of any conflict. Section 5. This Ordinance is hereby declared to be an emergency measure on the grounds of urgent public need for the preservation of peace, health, safety, and property of the City of Miami, and upon the further grounds of the necessity to make the required and necessary payments to its employees and officers, payment of its debts, necessary and required purchases of goods and supplies, and to generally carry on the functions and duties of municipal affairs. Section 6. The requirement of reading this Ordinance on two separate days is hereby dispensed with by an affirmative vote of not less than four -fifths of the members of the Commission. Section 7. This Ordinance shall become effective immediately upon its adoption. PASSED AND ADOPTED this 22nd day of July 1993. ATTES MATTY HIRAI, CITY CLERK Z_;� il XAVIER SUARE , MAYOR -4- 11076 SUBMITTED BY: C"�j P-,j �.� WALDEMAR E. LEE DIRECTOR OF PUBLIC WORKS PREPARED AND APPROVED BY: �)O\&UA, G. MIRIAM MAER CHIEF ASSISTANT CITY ATTORNEY APPROVED AS TO FORM AND CORRECTNESS: A t QLytNN- JINX , III CITY ATTOPME GMM/csk/M 11076 -5- CITY OF MIAMI, FLORIDA 5 INTER -OFFICE MEMORANDUM TO Honorable Mayor and Members of the City Commission FROM: Ce Odio CIt anager RECOMMENDATION: DATE : U 12 1993 FILE SUBJECT Sect I on 53 .5-26 of C I ty Code Adjustment Procedures Stormwater Utility REFERENCES ENCLOSURES. It is respectfully recommended that the City Commission adopt the attached emergency Ordinance which amends Section 53.5-26(b) of the City Code to clarify criteria and procedures for the adjustment of stormwater utility fees. BACKGROUND: Since the Inception of the stormwater utility in 1988 an adjustment procedure has been in place to review and, If necessary, correct stormwater utility charges. Adjustments are made if a review of the site Indicates the actual number of residential units or equivalent residential units (ERU) do not match the stormwater utility records. A less common adjustment procedure Involves a privately constructed stormwater system meeting accepted design standards, which drains a portion of the public right of way. Accepted storm drainage design standards have changed In response to Federal, State, and Local requirements and those currently listed in the Miami City Code are no longer appropriate. In addition, Code references to the application of these standards to stormwater systems need clarification to minimize adjustment requests. It is therefore recommended that the utility fee adjustment criteria be modified and that clarifying language as to Its applications be added In section 53.5-26(b) of the City Code. This amendment is being presented on an emergency basis to avoid unnecessary expenditures by stormwater utility customers seeking adjustments prior to a new fiscal year and on the grounds of urgent public need for preservation of the health, safety and welfare and property of the City of Miami. S- I 11076 of 7ffi- °j A MATTY HIRAI r Y� = City Clerk J O, F%llQ\ CO, August 30, 1993 Katherine Fernandez Rundle, Esq. State Attorney 1351 N.W. 12th Street Miami, FL 33125 Dear Ms. Rundle: CESAR H. ODIO City Manager Enclosed herewith please find a copy of the following Ordinances which amend the Code of the City of Miami, Florida: 11068 11071 11072 11073 11074 11076 11077 Please acknowledge receipt of same by affixing your signature to the enclosed copy of this letter and return it to this office for our files. Thank you. Very truly yours, MATTY HIRAI City Clerk B Y : &�t -q_ _ -.- DTPUiTY ETTY NERK RECEIVED BY: DATE• MH:vg Enc. a/s OFFICE OF THE CITY CLERK/35W Pan American Drive/P.O. Box 330705/Miami, Florida 332334M/(305) 250-5*0 C11-tv ofQ. t�xxrtt MATTY HIRAI ma's City Clerk �' ///// \/• �/ ` y'JF (O.. k��Q`� August 30, 1993 Mrs. Priscilla Domenech Court Operations Officer 1351 N.W. 12th Street, Rm 7-701 Miami, FL 33125 Dear Mrs. Domenech: CESAR H. ODIO City Manager Enclosed herewith please find a copy of the following Ordinances which amend the Code of the City of Miami, Florida: 11068 11071 11072 11073 11074 11076 11077 Please acknowledge receipt of same by affixing your signature to the enclosed copy of this letter and return it to this office for our files. Thank you. Very truly yours, MATTY HIRAI City Clerk BY: bf TY UTTV �WR--Kr ------ RECEIVED BY: DATE• MH:vg Enc. a/s OFFICE OF THE CITY CLERK/3500 Pan American Drive/P.O. Box 33070E/Miami, Florida 332334)70B/(305) 250-5360 (ILIA-tv of �iarai C'Ali 011 1 /i MATTY HIRAI City Clerk ;;� yGs a>� Co., V August 30, 1993 Ms. Becky DeNeve Vice -President - Supplements Municipal Code Corp. P.O. Box 2235 Tallahassee, FL 32304 Dear Ms. DeNeve: CESAR H. ODIO City Manager Enclosed herewith please find a copy of the following Ordinances which amend the Code of the City of Miami, Florida: 11068 11071 11072 11073 11074 11076 11077 If I can be of any further assistance, please do not hesitate to call. Very truly n Valerie Greenwood Deputy City Clerk Enc. a/s OFFICE OF THE CITY CLERK/3S00 Pan American Drive/P.O. Box 330706/Miami, Florida 33233-0708/(305) 2WS360 MIAMI DAILY BUSINESS REVIEW Published Daily except Saturday, Sunday and Legal Holidays Miami, Dade County, Florida. STATE OF FLORIDA COUNTY OF DADE: Before the undersigned authority personally appeared Sookle VAIllams, who on oath says that she Is the Vice President of Legal Advertising of the Miami Daily Business Review flkla Miami Review, a daily (except Saturday, Sunday and Legal Holidays) newspaper, published at Miami in Dade County, Florida; that the attached copy of advertisement, being a Legal Advertisement of Notice In the matter of CITY OF MIAMI Ordinance No. 11076 In the ............ ?� ..X X ...... Court, was published in said newspaper In the Issues of August 2, 1993 Affiant further says that the said Miami Daily Business Review Is a newspaper published at Miami in said Dade County, Florida, and that the said newspaper has heretofore been continuously published in said Dade County, Florida, each day (except Saturday, Sunday and Legal Holidays) and has been entered as second class mail matter at the post office In Miami In said Dade County, Florida, for a period of one year next preceding the first publication of the attached copy of advertisement; and afflant further says that she has tdiou or promised any person, firm or corporation ebate, commission or refund for the purpose is advertisement for publication In the said Sworn to ubs bed before me this n .. esae••ee 2 .AAf A... ........ �� %e9 3 (SEAL) *.A a e,* Sookie VAII[ams personally known to me. brF OF i lOt r OFFICIAL NOTARY SYELOCrELMA ER COMMISSION NO. CO21343 MYCOMMISSIGN EXP ►ULYfij"4 lot iw ,ieoasts is lima" .`4 9! ::PA 4 ••AIA Bel l rbadat 21. A-6S + +a l� 11 .',4 )94 t� L.KiJ T86,. 271). 2 �62i"r! �6217 , of deLiue.toet I t to :he best of i *ka4ap Is�#trics andwitm IZ* as • and pi sit ion. G,a@e Or pNl - p elfsAad in response to all sods by APPLI- *{ .719E ct+l�la'1 , ftataMnt'of Ravaras d liabilities VIt310fik ...........................................:OR AN; 'ION, �1 Anal" Cash and Wtallses due fro depository /tr1 nC!lti ' esaiittorost-boartro balmiisea .and sir , tptorost-Yeeririg Mtsslsos IteairitlssI RM federal fw& sold sod senWties-pursbestlt the but and of its Adis' ens seredsent eu"t �p- frd1ralfupds sold Bi •;8rt'' . serriT(M fairshosed under as Ross, - to taro end ionso, elroansiN raoefvebbast Low and leaooc, an% of unearned 1aoep►j6 LIN: Altownes for loan said loose lossear0" Must AA lesatod trwfw risk reserve—_. - Loans aN lows, -rat of uiiwned incomes. •acts Wd In trediag seasons ►ron= esd tisod,weto (Including capital other rest estate eistetl., , Invwtpats in wwwolidesed wAoldiariso, Custabral liability to this tank an me aMd M IntarefbteAsseta Other assets Total •sacs eaveaua: AW4_ In deposits offlps, aan1nterest-eoart I fled interest-boorinek"i;' lit taroign offices, Rigs aid Agreement t.::1fm NeMntarest-basrf lnt~-bwirr Federal fvdt pkraliaipd aid pecan-itt« acid:,: the brt Yd'ef its adp end Ae INONA VAWW WA . fedarat 1widS paeMoed— Securities sold uitdor sgraspei,ta to ►opur -- pas"d ,Pace ldstisd to as Y.s- TreasuryCLAPe Queer berreand 1dNeeaws sew abtiestlw under r eait'a Iity an ecesptanw seemed and StMIRE, daMntures — RE, total Total liabilitlas narelso - Ltaltod-lifs preferred $tee* Out related ^tW RQDITY CA91"16 MNR A 22, ferpoarl preferred @task Mad related ourilt4a { Sk+Itaa tedlvided profits and gpitel Merwa I.ESft.Not unrastInd, ton on arrkotabls sailWIR11 fislutse ive foreign ewM y translation odjutIAL:,, Total equity sepitet---,iTIAL Total liaaltittes, liuited-.life preferred st'Cq'Q IILITY: 14,,E the undersiprd directors, attest to t{I.� this statesent of resources ad liabilitfes. - - It has been esapined,by us, and to the bsetg Office of and -.. betief has been pestered In confas,.,.Monday Instructions and Is trw correct. f 8:00a.m. d DA hANS NUEIIEit O AtE TD - gl � .06021BM n_ AND DEFINING CERTAIN REQUIRED FEES FOR APPLE CATION$ FOR WAIVERS AND VARIANCES FROM TKE CITY OF NIAMI, FLORID PROVISIONS OF SAID FLOOD DAMAGE PREVENI'I'M LEGAL NOTICR? ORDINANCE; CONTAINING A REPEALER PROVISION AND A SEVERA8ILITY. CLAUSE; PROVIDING FOR AN All interested persons will take notice that on the 22nd day Of EFFECTIVE DATE; ANp PROVIDING FOR INCLUSKW IN THE CITY CODE July 19W, the CI1 Commission -of Mfimt, Florida, adopted the fgtlowfjtp tltled,o ni - �ME N0.11078 ,- _.. _ OIR 1140.11 ...1- . , _:all 3fi i KAU AN "bE4'+TION 5OF AN'ORDINANCE AMENDING THE CODE OP THE CITY OF MtAi711, FLOMI AS AMENDED, BY XWODING, .41 A� i9, ti151, AS AM NDIcQ, WHICH ESTABLISHED FEES FORPi ii�ll . ELECTRICAL, MECHANICAL ( AHO ARTICLE IV OF ER 40, ENTITLED "PENSION AND ELEVATOR) INSPECTION, PERMIT AND CERTI Tf - �fENT PLANTS, DIVISION 3. CITY"OF:MYTH GE* BY ADDING, INCREA31N0 `Ill p REOE�1tMQ MIAMI DA ERAL `EMPL•'"OYEES' ,AND SANITATION EMPLOYEES' +*^. THEktE9Y: (1) PROVIDING FOR REQURWFEES, CAi;I Published CO##PLIANOE WITH THE INTERNAL REVENUE THE eNPORCEMOff OF ING CODE; ppOV1 wiTHHOLOM OU09jNES, AS ENACTED BY THE OON- 04CREASES OF SAID FEES4 (XM7APTp93 A M GROG OF THE UNITED STATES OF AMERICA PURSU- PROVISXX ASVIERAW ITY CLAUUANO PROI/ID1NG STATE ANT TO UNSMRLOYMENT COMPENSATION AMEND- ME1114TS OF iM,ANO,(Z) PROVIDMG FOR COST OF LIV• FOR AN 91FFECrTIVE DATE. OF FLORII COUNTY OF DAD MIA ALLOVAAb/E ,400EA); MORE PARTICULARLY BY OIWINANCE 00.1107M Before the u AMfi*1ri*G,-8fi TiiONS 40-239(1) AND 46-2,40(A); Cp�p-/It Pppyl I, A LITY AN ORDINANCE OMTG 0106�lAMM'NO AMENDED,, THE ZONING f Sookle Williams, President of Logo CLAtIiE,rAMti PRp�NIG FOR AN EFPE t)IKT7:. :>; k�' ICE NMAMI. FLORIW%- BY4:3 'r ' Review f/k/a Miam QROMd N0.11074 401, "SCH15DULE,QF OIST.I tCT REt3t1L771 and Legal Holidal County, Florida; I AN ORDNANCE AMENDING THE CODE OF THE CITY AND CLARIFY CERTAIN USES IN TiIE'(ifl QOVERl1MAlit INSTITUTIONAL, C-1' RESTRICT'ED COMMERCIAL, C.2 being a Legal Adv OF MIAMI, FLORIDA, AS AMENDED, BY AMENDING ARTICLE IV OF 4o, ENTITLED ..�5� AND LIBERAL CBO CENTRAL" I IIDUST CITY OF PLANS, DIVISION 2. CITY OF MIAMI FIRE TRICT, AND 1 INDUSTRIAL ZONING DT:TRICTtir`, ATTD•TO i D I I ADD AND CLARIFY PARKING R AA MM - TMRETIREMENT FIGHTERS' AND POLICE OFFICERS' RETIREMENT REGULATIONS IN CERTAIN ZOFNN , DIBTRICIt *Ml*- Ordinance TRUST". THEREBY PROVIDING FOR COMPLIANCE WITH THE INTERIlIAL REV9NUE WITHHOLDING GUIDELINES, � SECTION gION ON, TO ADD HEIR I " AS ENACTSp� BY THE CONGAW. OF: THE UNITED R=1 AND R-2 RESIDENTIAL DEVELDOMETIT W4 1 MAJOR 81T OVA $TAM ,OF. AM"ICA" PURSUAITT TO UNEMPLOYMENT COINP1$/4TION DMENT8 OF I9• MORE:PAR- SECTION, W T& SEOT10lN EOS,1{) ADV'X'WNIOTI'�NT�1L " TICCPLARLY:BY�DING SECTION,40.212 (1), TO THE i3tY8 OE3lIFslNT'PLAZA OIOMME!(�i111 . CONTAlf", pAM�, A SEVERASILITY �A 0; LAND.. In the .......... CLAUIK XND LNG' FOR EFFECTIVE DATE. TARP LATION&TO OE�.EiE SECTION was published In - ORI)grANTCE NIX1107ti �. AND CtA�YINQ LAN"1t E { "YARD, GENERAL UWrAT10NS ,SECTION 918 "OFFSITE PARKING", AND SECTION 925--"Sloss August S t 2 g AN ORDINANCE ;ESTABLISHING A NEW SPECIAL REV EWE FUNI&ENTITCED: "HOUSING FOR GENERALLY"; ARTICLE 13, SECTION 1304.2, TO CLAR- IFY r OPPORTUNITIES. PSIS thRTR `AtOt3 (NCOPW/Q GRANT PROGRAM (FY LANGUAGE REGARDING OWNERSHIP STATEMENT REdUtREMENTS FOR SPECI.AL PERMIT$; AFMCLE;11, 1910); XND APPR0PRiAT1114 FURDS FOR THIS SAME IN _ MAJQR USE > IAL,PVRMITS_DETAILED REQUIRE Affiant furtlu THE AMOUNVC* $4A?,000 FROM THE U_S. DEPART MENTSa TO App,.DELETE AND CLARIFY LANQUAGRM Review is a new ' OF,"1 U8WWAND0R*M DEVELOPMENT, FOR OROMTO-CONSO.IOATE�TE1fONOFSPECIALPO MM County, Florida, THE B EMt?�TfW"Ok AND ADMiNIST19X'81)N OF THE " Adi0066 VARIANCES AS. A PART -QF THE MAJOR been contlnuous '� HOUSING OPP ORTt1�11M FOR PWAX)NS-'WITH' - SPECIAL PERMIT REVJ PROCESS; ARTfCL£1fI aG6 each day (except A1� A REPEALER PRONISWN ' TN3Nf ihotr; TiO A STATEMEUFZ.RR@r has been ens AND A SEVERA BILITY CLAUSE. MEND"1=d14 VAc ihk 'ItPPLICATWt'I$) / RTIC4E M office in Miami 1 NO. SECTl*1 XWL3, TO CLARIFY LANQUX(S<E, OV 1LrRSHiP STATEMENT REQUIREMENTS FOR'ZONINQ one year nett p copy of adverbs - .. - ANi �i1CY E�bMT CHAPTER T . ARC 28: neither nor ' ENNTiTI: b STf IMMWATER", OF THE CODE OF THE 25M "SPECIFIC 05144iF'TIOW, TO" AOb'A DEFINTtION any di ou rob CITY OF MiAfMI,-FLO1RIDA, AS AMENDED, BY CLARIFY FOR "RESIDENTIAL FLOOR AREA" AND TO CLARIFY' of sequrI4 this news r. ING THE" STAN*Af= ,AND _REVIEW CRITERIA FOR ADJUSTMENT .OF FEES IN SECTION;53.5$6(b); AND DEFINMONS FOR "FGQOR AREA, NONRESIDENTIAL' F . Af�,,RE&IDENT11A,L', "NONRESIDENTIAL L.', AND "YARD, REAR"; AND BY AMENDQIG CONTAINING A REPEALER PROVISION AND A SEV-FLTHEE'Y, ERABILITY CLAUSE. INDEX" TO.CORRECT A CROS$A CONTAINING A REPEALER PROVISION, SEVERABILITY ORDINANCE.IMO-a1077 CLAUSE, AND PROVIDING FOR AN EFFECTIVE DATE. AN ORDINANCE AMENDING SECTIONS 2.15 AND 2-76 Said ordinances may be Inspected by the public at the Office of OF THE CODE; OF THE CITY OF MIAMI, FLORIDA, AS the City Clerk, 3500 Pan American tMve,-Mlaml, Florift,Manday 2 n AMENDED, WHICH SECTIONS SET THE FEES FOR through Friday, excluding holkiays, between the hours of &W m. rgf i ZONING CERTIFICATES OF USE AND FOR INSPECTIONS and 5:00 p.m. AND EXAMWIAAT,ION$_OF PLANS FOR COMPLIANCE WITH MATTY HIRAI THE PROVISIONS OF ORDINANCE NO. 11000, THE CLERK ZONING ORDINANCE'OF THE CITY OF MIAMI, FLORIDA, op CITY M AMI, FLORIDA (SEAL) AS AMENDED, BY ADDING AND DEFINING CERTAIN REQUIRED FEES, TO COVER THE COST OF ENFORCE- Sookie Williams p MENT OF THE ZONING ORDINANCE OF THE CITY OF MIAMI, FLORIDA, AND OF THE SOUTH FLORIDA BUILD. ING CODE; FURTHER, AMENDING ORDINANCE NO. 11028, THE FLOOD DAMAGE PREVENTION ORDINANCE MIAMI,OF THE CITY Of BY ADDING A NEW (#107* SECTION 18 TO SAID ORDMANCE,THEREBY ADDING 8/2 9340=181M