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HomeMy WebLinkAboutR-91-0490J-91-559 6/25/91 RESOLUTION NO. y 1 1 9 O A RESOLUTION PROVIDING OFFICIAL NOTIFICATION TO THE CLERK OF THE BOARD OF COUNTY COMMISSIONERS AND THE DIRECTOR OF THE METROPOLITAN DADE COUNTY DEPARTMENT OF ENVIRONMENTAL RESOURCES MANAGEMENT THAT THE CITY IS EXERCISING ITS OPTION FOR EXEMPTION FROM THE COUNTY'S STORMWATER UTILITY. WHEREAS, the Code of Metropolitan Dade County was revised by the adoption of Ordinance No. 91-68 on June 21, 1991, to provide for the creation of the Metropolitan Dade County Stormwater Utility; and — WHEREAS, the provisions of said County legislation are — effective in both the unincorporated and Incorporated areas of Dade County; and WHEREAS, said County legislation allows municipalities that have already established their own stormwater utilities to "opt out" of the Dade County Stormwater Utility; and WHEREAS, the City of Miami established Its stormwater utility on March 10, 1988 by the adoption of Ordinance No. 10395; and WHEREAS, said Ordinance No. 10395 also established the City's Stormwater Utility Trust Fund to provide a dedicated source of funding for stormwater management within the City of Miami; and WHEREAS, the City of Miami desires to opt out of the County's Stormwater Utility so that the property owners within the City of Miami are not charged stormwater utility fees by both the City and the County; NOW, THEREFORE, BE IT RESOLVED BY THE COMMISSION OF THE CITY OF MIAMI, FLORIDA: CITY CONfMMMON MEETING OF JUL 11 in 91 - 490 MUM ft Section 1. The recitals and findings contained In the Preamble to this Resolution are hereby adopted by reference thereto and Incorporated herein as If fully set forth In this Section. Section 2. The City Commission hereby notifies the Clerk of the Board of County Commissioners and the Director of Metropolitan Dade County's Department of Environmental Resources Management that the City of Miami is exercising its option, as provided for by Dade County Ordinance No. 91-66, for exemption from the provisions of Dade County's Stormwater Utility System. Section 3. The City Manager Is directed to send certified copies of this Resolution along with Ordinance No. 10395 which established the City of Miami's Stormwater Utility, to the above noted Dade County officials. Section 4. This Resolution shall become effective ■ immediately upon its adoption. PASSED AND ADOPTED this llth day of duly --� 1991. XAVIER LJ SUAREZ ATT t-w�, MATTY HIRAI CITY CLERK SUBMITTED BY: S . PR TO-PORTAR, Ph.D., P.E. DIRECTOR OF PUBLIC WORKS LEGAL REVIEW: G. MI AM MAER CHIEF ASSISTANT CITY ATTORNEY APPROVED AS TO FORM AND CORRECTNESS: �JO�EL . FE PL ilW�EZ CITY ATTOR -z- 91- 490 CITY OF MIAMI, FLORIDACA=14 - INTER -OFFICE MEMORANDUM TO Honorable Mayor and Members DATE JUN 2 7 1991 FILE of the City Commission SUBJECT Resolution Exercising option for Exemption from Dade County's Stormwater Utility 4j FROM REFERENCES. Cesar H. Odlo City Manager ENCLOSURES: RECOMMENDATION: ;a It Is respectfully recommended that the City Commission adopt the attached Resolution notifying the appropriate Dade County officials that the City Is exercising its option for exemption from the County's recently enacted stormwater utility ordinance. BACKGROUND: The Department of Public Works, In a continuing effort to serve all residents of the City of Miami, is recommending the adoption of the attached Resolution whereby the City is exercising Its option for exemption from the County's stormwater utility. This exemption is specifically provided for In the County's legislation. The Code of Metropolitan Dade County was revised on June 18, 1991, to provide for the creation of the Metropolitan Dade County Stormwater Utility. Although the provisions of this legislation are effective in both the unincorporated and Incorporated areas of Dade County, the legislation allows municipalities that have already established their own stormwater utilities to "opt out" of the Dade County Stormwater Utility. The City of Miami established Its stormwater utility on March 10, 1988, by the adoption of Ordinance No. 10395 and In so doing established the City's Stormwater Utility Trust Fund to provide a ded!cated source of funding for stormwater management within the City. It Is in the best Interest of the residents of the City of Miami to opt out of the County's stormwater utility so that our property owners are not charged stormwater utility fees by both the City and the County. CNy-/ 1911- 490