HomeMy WebLinkAboutO-103953/Io/s8
ORDINANCE NO. 10395
AN EMERGENCY 0Fi'DINANC'S E)TABIj.FSIIING A
STORMWATER UTIbITY SYSTEM FOR THE, CITY OF
MIAMI; MAKING CERTAIN FINDINGS AND
DETERMINATIONS; ESTABLISHINI A SCHEDULE OF
RATES; ESTABLISHING A METHOD AND PROCEDURE FOR
THE COLLECTION OF STORMWATER UTILITY C{'Eh`,`y;
PROVIDING GROUNDS AN1) PROCEDURES O
ADJUSTMENT OF FEES; DIRECTING THE; C':ITY MANAGER
TO KEEP RECORDS; ESTABLISHING >TORMWATER
UTILITY TRUST FUNDS; PROVIDING AN EFFECTIVE
DATE; PROVIDING FOR INCLUSION IN THT CITY
CODE; AND CONTAINING A REPEALER PROVIS109 AND
A SEVERABILITY CLAUSE,
WHEREAS, The City of Miami is responsible for the ownership,
maintenance and expansion of the existing stormwater system which
has been developed over a number of years for the purpose of -
collecting and disposing of storm and other surface water; and
WHEREAS, the City of Miami has developed a city-wide Storm
Drainage Master flan; and
WHEREAS, said plan indicates that the present system is
inadequate to control and manage stormwater runoff within the
City's corporate limits; and
WHEREAS, said plan has additionally concluded that it will be
necessary and essential to construct improvements and extensions
to the existing system to ensure that the collection and disposal
of stormwater within the City of Miami adequately protects the
health, safety and welfare of the citizens of the City of Miami;
and
WHEREAS, the point of discharge for numerous stormwater
drainage systems serving the City of Miami is Biscayne Bay and
its tributaries; and
WHEREAS, the waters of Biscayne Bay ant its tributaries are
protected under the provisions of the Biscayne Bay Aquatic
Preserve Act as adopted by the Florida State Legislature; and
J,-8,13-1 '76
3/10/88
ORDIN ANCh' NO 0395
AN EMERGENCY ORDINANCE ES'IA BI,I`)HI.NG A
STORMWATER UTIi�PPY Ic Y �'IE:i�i 1't)N THE C [ICY OF.
MIAMI; MAK114G CERTAIN FINDIN(r�1 AND
DETERMINATIONS; E3TAB I.,ISH114 F ,A ISCIiEDtJLE OF
RATES; I+,STAB.LC3HI.Nsi A METHOD AND PROCEDURE,, FOR
TIIE COI,.LC+l,`L'rt)N ��I''iTI�RM�rVAT �f, UTILITYE'iEci;
PROVIDING GROUNDS AND P R 0 (3R,DUR:ES FOR
ADJUSTMENrc OF FEE:; DIf ECT IN a THIS CITY MANAGER
TO KEEP IiECORDO) 1,i,STAf3L1'131HItiC, STORMWATER
UTILITY TRUST, FUNDS,, PROVIDING AN EYFE)CT:IV.Ei�
DATE; PROVIDING FUR INCLUs)ION IN TH, CITY
CODE; AND CONTAINING A REPEIAI ER PROVISION AND
A SEVERABILITY. CLAUS[,,
WHEREAS, The
amity of
Mi.r,.mi ii; responsible
For the ownership,
maintenance and expansion
of the exist.in�Y torfnw.-ite:
r ,system which,
ha.s been developed
over
a number of years
For the purpose of
collecting and disposing
of storm and other .surface
water; and
WHEREAS, the
City of
Miami, has developed
a city-wide Storm
Drainage Master Plan; and
WHEREAS, said plan indicates that the present system is
inadequate to control and manage stormwater runoff within the
City's corporate limits; and
WHEREAS, said plan has additionally concluded that it will be
necessary and essential to construct improvements and extensions
to the existing system to ensure that the collection and disposal
of stormwater within the City of Miami adequately protects the
health, safety and welfare of the citizens of the City of Miami;
and
WHEREAS, the point of discharge for numerous storrnwater
drainage systems serving the City of Miami. is Biscayne Bay and
its tributaries; and
WHEHEaAS, the waters of Biscayne Bay and its tributaries are
protected under the provisions of the Biscayne Bay Aquatic
Preserve Act as adopted by the Florida State, Legislature; and
4%
WHET -L' E Al"
pol Itition abatement requirement--S
by virtue of said
.aot are among; the most stringent in the Stato rpsul-ting, in higher
and maintenance costs for storm drainage f,Lcilities; and
WHEREAS, the South Florida Water Ma na e, e m e n t district has
recently adopted - ted r u 1- 1�0 a n d r e �1,u 1!1 t I n n s with respect try
.
groundwater protection resulting in higher oaplt,,al costs fo'r the
conitruction of g r o u n d w,,-.,i 1; e r protection d e v i (--- e s in oonjunotion
with storm drainap improvements; and
WTIER.F,'AS, the Clean Writer Act requires municipalities having
populations of 250,000 or more to implement stuormwater management
programs within the next two years; and
WHEREAS, pursuant to the Clean Water Act requirements, the
United States Environmental Protection Agency W i 1.1. be
establishing stormwater outfall permitting requirements; and
WHEREAS, it is necessary and. essential that the City address
the various environmental issues that will further burden its
infrastructure requirements;
NOW, THEREFORE, BE IT ORDAINED BY THE COMMISSION OF THE CITY
OF MIAMI, FLORIDA:
"Section 1. Authority.
The City is' authorized by the provisions of Florida Statutes
Chapter 166 and the Florida Constitution to construct,
reconstruct, improve- and extend stormwater utility systems and
to issue revenue bonds and other*debts if needed to finance in
whole or part the cost of such system and to establish just and
equitable rates, fees, and charges for the services and
facilities provided by the system.
Section 2. Findings and Determinations.
It is hereby found, determined, and declared as follows:
(a) Those elements of the system which provide for the
collection of and disposal of storm and surface
water and regulation of groundwater are of benefit
and provide services to all. property within the
City including property not presently served by the
storm elements of the system,
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III 11111§�J Ifl: 1 1 11
Vt
(b) The cost of operating and maintaining, the City
Stormwater Management System a n d - f i nan r 1 ng
necessary repairs, replacements, improvements, and
extension thereof should, to the extent
practicable, be allocated in rel-ationship to the
b6nefits enjoyed and services received therefrom.
Section 3. A Stormwater Management Sy s tem Fee,
A. A Stormwater Fee is hereby imposed- upon each developed
lot and parcel within the City for services and facilities
provided by the Stormwater Management Systo�m- This ordinance
shall be repealed on April 10, 1998. The ordinance and the fees
imposed hereunder shall be reviewed 'by the City Commission on or
about April 10, 1993. For purposes of imposing the Stormwater
Fee, all lots and parcels within the City are classified into the
following four (4) customer classes:
(a) Single family residential.
(b) Mobile home residential.
(c) Multifamily residential, including residential
condominiums.
(d) Non-residential.
The City Manager or his designee is directed to prepare a list of
lots and parcels within the City and assign a classification of
single family residential, mobile home residential, multifamily
residential or non-residential to each lot or parcel.
B. There is hereby established the following procedures and
criteria used to determine rates for the services and facilities
of the municipal Stormwater Management System:
(a) The City Commission, upon recommendation by the
City Manager, hereby establishes reasonable rates
for stormwater management systems for each single-
family residence: each single-family residence
shall be billed at a 'flat fee as established herein
by the City Commission for a single family
equivalent unit. A single family equivalent unit
(SPEU) is hereby defined as the statistical average
r
10391*
t
horizontal impervious a r P, a of st n g I fi (nily
detached residences in the City of Miami which have
been appraised as single family residences by the
Dade, County Property Appraisers Office, The total
impervious area of a single fermi. Ly residence
includes a 11 areas covered by structures an d
impervious amenities, such as, but not, limited to,
roof tops, patios, porches, and driveways. In the
City of Miami a single family e q u i v,-.-i 1. e n t tin i t
(SPEU) equals 2,147 square feet.
(b) Property containing mobile homes oftall be billed
one single family equivalent un i t t i in e ' an
adjustment factor for each mobile home present.
The adjustment factor shall be based :on the
relative size of the average horizontal impervious
area of a mobile home and its appurtenances in the
City of Miami.
(c) For all residential properties with two or more
residential dwelling units, the bill shall be based
on the number of dwelling units times the flat fee
established for a single family equivalent unit
times an adjustment factor(s), which is based on
the relative size of these dwelling units to that
of a,single family residence.
(d) For all residential and non-residential proeprties,
that* is enterprise, business establishment,
building, or other occupancy not covered by
subsections (a) through (c) of this Section, the
rate shall be computed based on the total
impervious area of the property divided by the
average impervious area of a single family
equivalent unit times the rate established for a
single family equivalent unit. The billing amount
shall be updated by the Department of Public Works
based an any additions to the impervious areas as
10395,
approved by the buildihp Pf-r(flit PrOCP_8,,-.
Section 4. Schedule of Rates
The following, rates are hereby establisihed within the City of
Miami-,
(a) The rates to be charged for stormwater management
for each single family residence or dwelling� unit.
shall be $".50 per month.
(b) The rate to be charged for stormwater management
for property containing mobile homes shaII be
assessed at a rate of one single family eqi,iivalent
unit for each mobile home tifni-`3 a correction factor
of 44.0 per cent.
(c) The rate charged for stormwater management for each
residential property identified as having more than
one residential dwelling unit shall be 62.0 per
cent of the rate of a single -family equivalent unit
for each residential dwelling unit on the property.
(d) The rates to be charged for non -single family
residential properties, i.e., all other occupants
other than provided for in subsection (a) through
subsection (c) of this Section, shall be the rate
established in subsection (a) ($2.50 per month)
multiplied by the number of single, family
equivalent units. Single family equivalent unit
equals the total square footage of impervious area
of the property divided by 2,147 square feet
(statistically developed average for a single
family residence in the City of Miami). Single
family equivalent units will be rounded to the
nearest tenth (0.1) of a unit.
Section 5. Collection of Charge.
The Stormwater Utility Fee is to be paid as, billed by the
owner, tenant, or occupant of each lot or parcel which is subject
to *the stormwater fee, Persons using the services and facilities
of the stormwater management system shall be rendered bills or
- 5 -
r.
Statemerit-8 for the use of these, :7orvices and F a
c i 1, 1 t i e "2,; of :paid
system from the Miami -Dade Water and Sewer Authority Department
of Metropolitan Dade County, which said bills or statements shall
be payable at the same time and in the samt- manner -and subject to
i d s y
the same discontinuance of service of s, stem of the Miami -
Dade Water and Sewer Authority Department a,3 ,3et forth tinder the,
terms and conditions of Sections 2-340 and 2-341 of the Code of
Metropolitan Dade County and Section 2.109 (8) of the Rules and
Regulation,-, of the Miami-Dad.e. Water And Sewer Authority
Department, dated February 1987 as amended,
Section 6. Adjustment of Fee;,.
A. Requests for adjustment of the Stormwater Utility Fee
shall be submitted through the Director of the Department of
Public Works herein referred to as Director, who shall be given
authority to administer the procedures and standards and review
criteria for the adjustment of fees as established herein. The
following procedures shall apply to all adjustment requests of
the Stormwater Utility Fee:
(a) Any owner, tenant or occupant who has paid his
Stormwater Utility Fees and who believes the
contribution rate component of his Stormwater
Utility Fee to be unjust or inequitable may,
subject to the limitations set forth in this
article, submit his adjustment request to the
Director.
(b) Adjustment requests for Stormwater fees paid by an
owner, tenant or occupant making the request.shall
be in writing and set forth, in detail, the grounds
upon which relief is sought.
(c) Adjustment requests made during the first calendar
year that the Stormwater Utility Fee is imposed
will be reviewed by the Director within a one (1
year period from the date of filing of the
adjustment request. Adjustments resulting from
such request shall be retroactive to the beginning
� 6 ,
of billing, but shall not exceed three (3) years.
d) Beginning April 10, 1 98t) and thereafter, all
adjustment requests for the Stormwater Utility Fee
shall be reviewed by the Director within a four (4)
month period from the (1,a t e c) C ril, i nF, Of the
adjustment request. Ad j as tments resulting from
such requests shall be retroactive to the date of
filing of the request. Under no circumstances will
the City be financially liable. beyond the time
limits set forth herein,
(e) The owner, tenant or occupant r t-- (I ue s t i n g the
adjustment may be required, at his own (,lost, to
provide supplemental information to the Department
of Public Works including, but not limited to,
survey, data and engineering reports, approved by
either a registered professional land surveyor
(R.P.L.S.) or professional engineer (P.E.).
Failure to provide such information may result in
the denial of the adjustment request.
(f) Adjustments to the Stormwater Utility Fee will be
made upon the granting of the adjustment request,
in writing, by the Director. All adjustments will
be pro -rated in accordance with the established
procedures of the Miami -Dade Water and Sewer
Authority Department. Denials, of adjustment
requests shall -be made in writing by the Director.
B. The following standards and review criteria shall apply to
all adjustment requests of the Stormwater Utility Fee:
(a) Existing or special characteristics of the site or
parcel for which the adjustment request is made
will be considered.
(b) The amount of on site impervious area.
(o) Twenty-five year/twenty-four hour duration storm
criteria will be the minimum accepted and the
standard recogniged by the Director.
10395
(d) Ponds# . exfiltration -systeino or positive drainage
fqCilit,ips must meet applicable City, State, and
Federal requirements including groundwfiter
protection d e v i c e,,:; ,,v i d outfall treatment and
conveyance s y s t o ins r e qu i r e, d by a 11. governing
bodies* I
(e) Ponds) exfiltration system: or positive drainage
facilities mu s; t be maintained a (-, o, o r d ing to City,
,standards and must function in arrordanot- wi t11
required City design standards,
(f) Adjustments will not be granted for swimming pools,
reflecting pools, existing open ditch systems, and
swales.
C. Upon receipt of the written denial of the adjustment
request, the owner, tenant or occupant who initially requested
the adjustment may, within thirty (30) days of receipt of such
denial, apply to the Director for review of the denial.
(a) The Director, exclusive of his designee, shall_
completehis review within sixty (60) days of
receipt of said request for review. The Director's
determination on the review shall be in writing and
.set forth,: in detail., the reasons for his decision.
(b) In reviewing denials of adjustment requests, the
Director, exclusive of his designee, shall apply
the standards and review criteria contained in this
Section. In the event of a hardship the Director,
,exclusive of his designee, may base his
determination on written grounds other than those'
contained herein,
(c) All determinations of the Director arising out of
this Section will be final.'
Section 7. City Manager to Keep Records
It shall be the duty of the City Manager to keep an accurate
record of all persons using the services and facilities of the
,said municipal Stormwater Management System of the City
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a n d to make changes in ao'cofdancp with the rates and charges
established in this, article.
Section 8. Stormwater Utility. Trust, Funds,,
There shall by established a Stormwater Utility Trust Fund
for the deposit of all f e es and c h.a r f, es ., , c o I I t P d by the
stormwater utility. T h e s n Funds t-, ha, I I he for th e e x c 111 s i v P, use
of the Department of Public Works for Uie fc-)1lowing expenditures:
(a) Operation -end Pth i n t e ria n c P of t h e, S, t ortnwa to r
Management System.
(b) Funding of pollution abaternent devices, constructed
on stormwater sys-tems discharginp , to Biocayne B,--.Iy
and its tributaries.
(c) Administrative Costs associated with the management
of the Stormwater Utility.
(d) Debt Service financing."
Section 9. 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 10. 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 11. This ordinance shall become effective on April 10,
1 988 .
Section 12. It is the intention of the City Commission that the
provisions of this Ordinance shall become and be made a part of
the Code of the City of Miami, Florida, as amended, which
provisions may be renumbered or relettered and that the word
"ordinance" may be changed to "section", "article" or other
appropriate word to accomplish such intention.
Section 13. 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
J�
MENFROP er
i t s debts, ri e c e s o a ry and rewired purchases n f goo d.,i and
supplies, ,ml to generally carry on the functions and duties of
municipal arfair8.
Section 14. The r6quirement of rea(ling this k0rdinance. on two
separate days 18 hereby dispensed with by a vote of not less than
four -fifths off' the members of the Commission.
PASSED AND ADOPTED this 10th day,of March, 19,88,
40,
K U I ER- L. LSUAREZ
"
M A Y 0 R
ATTEST:
MATTY HIRAI
CITY CLERK
REVIEWED AND APPROVED BY: APPROVED -AS TO FORM AND
CORLRECTlSS:
JOEL E. MAXWEL'b LUCTA A.TDOUGHERTY
AS§ISTANT CITY ATTORNEY CITY ATTORNEY
3
10
Miner J. bawkins March 29, 1988 ,
City •CoTn�nis�ioner
Flood Control,'
Stormwater Utility Pee
Lu �, A . �I�ougher ty
City Attorney
(1)
I ,
We have forwarded the original of the attached ordinance to
the City Clerk's Office. The measure was adopted as an emergency
measure at the Meeting of March 10, 1988 after appearing on the
Agenda as a proposed second reading ordinance.
The transcript of the March 10, 1988 Meeting did not
indicate any floor amendments other than the emergency adoption
and the Commission's desire to have the ordinance repealed in 10
years with an automatic Commission review in five years. Both
the Sunset and the Review provisions appear in the attached
ordinance, The excerpted study material from the City's
consultant is being forwarded to the City Clerk for filing and
reference due to its demonstration of the basis for the graduated
fee as reflected in the ordinance.
LAD:RFC:bss:P517
cc: Mayor Xavier L. Suarez
Vice -Mayor Rosario Kennedy
Commissioner Victor De Yurre
Commissioner J. L. Plummer, Jr.
Cesar H. Odic, City Manager
Matty Hirai, City Clerk
Donald W. Cather, Director, Department of Public Works
Joel E. Maxwell, Assistant City Attorney
•
t �.039S
ti a
46
ItIty (5ft MIAMI, PL6141bA
Ifv'fi 5 t >c MCM61RANDUM
Honorable Mayor and McMbers
To of the City Commissionf1LE:
City of Miami Stormwater
SU$JtC7 Utility Ordinance (Firs.t
Reading) for February 18,
1588 Commission Meeting
,or `Oka M M REFERENCES
Cesar H. Odlo
City Manager ENCLOSURES.
RECOMMENDATION:
It is respectfully recommended that the City Commission adopt the
attached Ordinance establishing a stormwater utility fee for all
developed parcels of land within the City of Miami in order to
finance an expanded maintenance program, fund the capital
improvement debt service, construct stormwater rel.ated projects
in conjunction with the clean up of the Miami River and fund
administrative costs for the Stormwater Management System.
BACKGROUND:
The Department of Public Works has analyzed the need for a
Stormwater Management System and recommends the establishment of
a utility program to address the City's physical needs and
respond to several major environmental issues that will impact
our infrastructure in the years ahead.
In December 1986 the City of Miami completed its development of a
Comprehensive Storm Drainage Master Plan. Areas of critical need
have been identified in the plan and a remedial action city-wide
program has been recommended. Capital costs for an immediate
needs program are estimated at $107,000,000 with the long range
program costing more than $200,000,000.
Concerned over the high capital costs for the construction of
these improvements, the City last year directed its consultant
for the Master Plan to conduct a feasibility study outlining the
implementation of a user fee utility program in order to
generate additional revenues. The study has been completed and
initial estimates project that a.$2.50 per month utility fee for
a single family residential dwelling will generate $4 to $5
million annually. The mechanism is accomplished by establishing
a flat rate for a single family residential unit and then
applying that rate to multifamily and nonresidential developments
on a pro rats basis according to the amount of impervious surface
on the. property. An impervious surface is defined as a hard
surface area which, prevents the entry of water into the soil,
such as rooftops (the building foot -print), sidewalks, patio
areas, driveways and parking lots.
y6
IL0395
The amount of impervious surface will be used as the basis for
all billing calculations since it is considered to be the common
denominator foe a Variety of storm flow Bete rMi nati ons .
It has been determined that the most advantageous method for
collection, of the. stormwater fees is through the Miami -Dade Water
and Sewer Authority department's (WASAD) billing system. WASAD
presently operates as a quasi -utility for hJetropolitan trade
County and has a well established billing and collection system
that lends itself to the type of utility system being proposed by
the City. Before the utility - system goes into operation, . the
City wi 1 1 be requi red to enter i nto an agreement wi th WASAD to
assign responsibilities and establish a fee for the services that
WASAD will provide as the collection agency.
In a related issue, recent changes in the Clean Water Act have
now mandated th_e requirement for federal stormwater permitting.
Municipal I ties with populations greater than 250,000 will be
required to implement stormwater management systems within the
next two (2) years. The Environmental Protection Agency (EPA)
will then regulate all stormwater systems known to be causing
pollution problems, which will include requirements for system
reconstruction and modification to minimize the release of
pollutants. In view of these permit requirements and the
likelihood of a long range EPA program for storm sewer
modification construction, it will be necessary for the City to
establish a mechanism that demonstrates a' reliable on -going
fundi ng source. I t i s recommended that this fundi ng need be
acco'mpl i shed -through a uti li ty mechani sm.
MIAMI REVIEW
Puhll,hed Daily c>.et,! ;i t;ttrztd; f;tu,}y ., .,;
Legal Nerli i:.ty:,
Miamm, Dado i::inmtV.
STATE OF FLORIDA
COUNTY OF DADE:
Before the undersigned authority personally appeared
Sookie Williams, who an oath says that she is the Vice
President of Legal Advertising of the 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
ORDI14ANCE NO. 10395
In the . X .X -X.. Court,
was published In said newspaper in the issues of
March 14, 1988
Affiant further says that the said Miami 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
affiant fu het says that she has neither paid nor promised any
person, or corporation any discount. rebate, commission
or refu for the pur ose of securing this advertisement for
public n in the s - newspaper.
AA•rthrrr
Sworn jo'a d� cdbed before me this
1 4 any ' .. cyc`M a r cr A.D.
_ ycTl, � 19 . 8 8
: v J_ai t'Sanl h�z
j ry sp11 NNdd
f ; r, fl� to iOlic Cat nda at Large
(SEAL) ;f e� r1jL- ;
My CommTys o dxpires�June.214 .
MR 114A "Jii�Dt1%t`,�`
CITY OF MIAMI
DAblk COUNTY, FLORIDA
LEGAL NOTIft
All interested, persons will take notice that on the 10th day of
March, 1988, the City Commission of Miami, Florida, adopted the
jfollowing titled ordinances: -
ORDINANCE NO. 10393
AN EMERGENCY ORDINANCE ESTABLISHING A SPECIAL
REVENUE FUND ENTITLED "1988 BUDWEISER REGATTA",
AND APPROPRIATING FUNDS FOR SAME IN THE AMOUNT
OF $75,000 FROM A GRANT FROM METROPOLITAN DADE
COUNTY TOURIST DEVELOPMENT TAX REVENUES FOR
THE PURPOSE OF PROMOTING AND PRODUCING THE'118TH
ANNUAL BUDWEISER UNLIMITED HYDROPLANE REGATTA
TO BE HELD JUNE 3, 4 AND 5, 1988 AT THE MARINE
STADI-UM: AUTHORIZING THE CITY MANAGER TO ACCEPT SAID
i GRANT AND TO EXECUTE AN AGREEMENT, IN SUBSTAN•
i TIALLY THE FORM ATTACHED WITH METROPOLITAN DADE
COUNTY; CONTAINING A REPEALER PROVISION AND.A
SEVERABILITY CLAUSE,
j ORDINANCE NO. 10394
AN EMERGENCY ORDINANCE AMENDING SECTION 1 OF
ORDINANCE NO. 10347i ADOPTED NOVEMBER19,"1987,
THE CAPITAL IMPROVEMENTS APPROPRIATIONS
ORDINANCE, AS AMENDED, REAPPROPRIATING $75,000
FROM PROJECT No. 331303, "CITYWIDE NEIGHBORHOOD
i PARK RENOVATIONS" TO PROJECT NO. 331042, LUMMUS
PARK REDEVELOPMENT -PHASE 1, SUBJECT TO APPLICA-
BLE CITY CODE PROVISIONS; CONTAINING A REPEALER
PROVISION AND A SEVERABILITY CLAUSE.
ORDINANCE NO. 10395
AN EMERGENCY ORDINANCE ESTABLISHING A
STORMWATER UTILITY SYSTEM FOR THE CITY OF MIAMI;
MAKING CERTAIN FINDINGS AND DETERMINATIONS;
ESTABLISHING A SCHEDULE OF RATES; ESTABLISHING A
METHOD AND PROCEDURE FOR THE COLLECTION OF
STORMWATER UTILITY FEES; PROVIDING GROUNDS AND
PROCEDURES FOR ADJUSTMENT OF FEES; DIRECTING
{ THE CITY MANAGER TO .KEEP RECORDS; ESTABLISHING
STORMWATER UTILITY TRUST FUND; AND PROVIDING AN
EFFECTIVE DATE.
ORDINANCE NO. 10396
AN EMERGENCY ORDINANCE AMENDING THE GtODE OF
THE CITY OF MIAMI, FLORIDA, AS AMENDED, BY
j AMENDING SECTION 62-61, ENTITLED "SCHEDULE OF,
FEES," OF CHAPTER 62, ENTITLED "ZONING AND
PLANNING," BY CHANGING THE FEE SCHEDULE FOR THE
FILING OF APPLICATIONS TO CHANGE ZONING DISTRICT
CLASSIFICATIONS, TO MODIFY REGULATIONS AFFECTING.
THE USE OF ANY PROPERTY, TO AMEND THE CITY'S COM-
PREHENSIVE DEVELOPMENT PLAN, OR TO SECURE ANY
SPECIAL PERMIT REQUIRED BY THE CITY'S ZONING
ORDINANCE; CONTAINING A REPEALER PROVISION AND
A SEVERABILITY CLAUSE, "
ORDINANCE NO. 10397
AN EMERGENCY ORDINANCE AMENDING SECTION 2.75
AND 2-76 OF THE CODE OF THE CITY OF MIAMI, FLORIDA,
AS AMENDED, WHICH ESTABLISHED FEES FOR THE EXAM-
INATION OF PLANS FOR COMPLIANCE WITH THE ZONING
ORDINANCE AND FOR ZONING CER?IFiCATES OF USE; BY
MAKING NECESSARY CORRECTIONS AND ADDING FEES
FOR, THE REVIEW OF- ".PLANS FOR .SPECIAL PERMITS
AND/OR PUBLIC HEARING FURTHER MAKING NECESSARY .
CORRECTIONS TO COVER THE CITY'S COST FOR THE:
ENFORCEMENT OF THE ZONING ORDINANCE;
CONTAINING A REPEALER PROVISION AND A SEVERABIL•
ITY CLAUSE.
ORDINANCE NO. 10398
AN EMERGENCY ORDINANCE AMENDING SECTION OF
ORDINANCE, NO. 6145, ADOPTED" MARCH 19, 1958, AS
AMENDED, WHICH ESTABLISHED FEES. FOR BUILDING;
PLUMBING, ELECTRICAL, MECHANICAL'(INCLUDING
1301LER AND ELEVATOR) INSPECTION, PERMIT AND CER-
TIFICATE FEES, BY ADDING AND INCREASING SOME FEES.
AND CLARIFYING CERTAIN ITEMS IN SAID SECTION 5, TO -
COVER THE COST PRIMARILY FOR THE ENFORCEMENT
OF THE SOUTH FLORIDA BUILDING CODE; CONTAINING A
REPEALER PROVISION, A SEVERABILITY CLAUSE, "
Said ordinances rnay be inspected by the public at the Office of
the City Clerk, 3500 Pan American Drive, Miami, Florida, Monday
through Friday, excluding Holidays, between the hours of 8:00 A.M.
I and 5:00 P.M.
s MATTY HIRAI
CITY CLERK
CITY.OF MIAMI, FLORIDA
3114 86-031484M
tltilFGn�1
i.AND :11SE
NUMBER
TDTAL
AVERAGE
DWELLING
GRni,NTC'
3;,r;LE
DWELL IC+G
CATEEDRY
w..:.=-------
OF PAREELS
IMPER. AREA
IMPER. AREA
S F E U
X
1;tiiT
ti
FES SC LE
FriITQ,R
U►i.1T
ANGLE FAMILY
----- ---
36,76E
------------
'7B,922,B42
----------------------
2,147
36,768
---
28.3'L
-----------
36,7tB
------
iY.
-----------
6.tE:o
------
�Y. t.:
------
1.1%:j
------------
:61 66
------
A.5.7:.
HDME _
9_
735,462
B1111B
343
0.3x
772
10.4k
143
0.21
0.4;
77L
t.,37
'NULTIFAMILY
18,7B2
5B,955,077
119951
27,466
21.2X
71,064
7118.4
4 ,E2J
27.t:'4
i:.6
7ItCr64
EDNDD
IS1144
91993,136
619
41656
3.61
16,144
8.11.
9,t55
6,;X
r. a
16,144
6.97
ImMMERCIAL
51621
B4,20B,114
42B, B90
39,230
30. 2't
391 23u
IL1.
.39, 230
26. G't
1.00
7Cr, 70,Y
'0 -2
$NDi1STRM
1,�456
21,70B,BB2
17B,211
10,114
7.8X
10,114
J,JX
10,114
6.7X
1.cl.
18,227
7.8%
INSTITUTIONAL
704
IO,B51,693
193,744
5,056
3.9%
5,056
2.7-4
J,C' t.
?.7z
1.00
';,111
'.9X
CIO
198
71304,310
361B90
31403
2.6X
31403
1.dj.
,4��?
2.X
1.06
6,f.3
2.6%
MUM
213
.415611420
21,415
21125
1.61
21125
1.1 �.
2,125
i. Y'�
1.00
3,83v
1. t
OTHER Ebv
20
1.12001B07
117,516
.559
0.4%
JJ9
0.3.%
`J9
C►.4X
1.60
1,(1n
u.4j
1E4iMPE1 WANT
6
51142
B57
2
0. irX
J.
0. 0%
2
0. ox
1.00
4
Cl. 0It
TUTAL
79,921
27B,4461B85
314B4
129)721
100.01
185,231
100.uX
151.078
100.0X
2'3,766
100.0%
BASE UNIT SIZE
2147
S0 FT
2147
Sty FT
2141
SQ FT
1191
59 FT
P81ENTIAL ANNUAL REVENUE AT
S1.00 /SFEU/MO
$1.63 iSFEU/MO
$2.00 iSFEU/MD
$3.00 /SFEU/MO
$4.00 iSFEU/h0
$1,556,650
$2,537,339
$3,113,299
$4,669,949
t6,226,599
$2,222,64;,
$3, 623,237
$4,445,6vo
$6,668,535
$818y'1,360
JJ,UdZ
zJ,43G,br1
,.:;,1 17
$4,571,462
$5,614,383
$8141i,J74
$1111201765
Robert F . Clark
ChiefDeputy City Attorney
Harch '."-?,
3torwiwater utility
Ordinance
Donald W. Cather
Director ofk-1Vu-bi c� Works Peasi bility Study
In response to questions which have been raised with respect to
the rate structure esta.b1i.�j4hea in the ;tormwater Utility
Ordinance. adopted on March 10, 1988, enclosed please find
excerpts of the feasibility study concerning various rate
structure alternatives. .What has been established in the current
ordinance is the Graduated Residential. Scale which results in a
rate differential for residential units based upon the amount of
hard surface ground cover. The single family equivalent unit
(SFEU) has been established statistically at 2,147 square feet of
ground cover and apartment/condominium units have been
statistically found to have an area that is 62 percent .of the
area established for a single family residence. Since
apartments, as a class, have less hard surface area per unit than
a single family residence, then the impact upon public facilities
is assumed to be less. Therefore, apartment condominium units
are assessed at a lesser rate. The amount of hard surface area
on a particular parcel is assumed to be the overriding criterion
under this rate structure alternative.
In another rate structure alternative, designated as the Dwelling
Unit alternative, all residential customers are lumped into the
same class and therefore pay the same rate per unit, i.e., a
single family residence pays the same rate as an apartment •unit.
Two criteria are considered in this option: the amount of hard
surface ground cover and the fact that all residential customers
benefit equally from the Stormwater Management System. The SFEU
is still established at 2,147 square feet for purposes of
calculating the rate for nonresidential properties.
I,t should, be noted that in this latter alternative residential
properties account for 67 percent of the revenues even though the
vast majority of the City's stormwater maintenance problems occur
in commercial/industrial and multi -residential areas. This
inequity would be corrected within the City.oy implementing the
Uniform.Dwelling Unit alternative. This alternative follows the
logic of the Dwelling Unit alternative but establishes a uniform -
dwelling unit (UDI) as the standard of measurement rather than
the single family equivalent unit (SFEU). The UD1 is the
statistical average of all residential units within the City,
iQ335
Robert F:. Clark Piarleh ` 8
Chief Deputy City Attorney
- Otol,mwater Utility
IJrd inance -
Donald W. Cather
011'ecto M-of V6,b1ic Works Feasnility `study
In response to questions which have been raised with respect to
the rate structure established in the Stormwater Utility
Ordinance adopted on March 10, 1988, enclosed please find
excerpts of the feasibility study concerning various rate
structure alternatives. What has been established in the current
ordinance is the Graduated Residential Scale which results in a
rate differential for residential 'units �based upon the amount of
hard surface ground cover. The single family equivalent unit
(SFEU) has been established statistically at 2,147 square feet of
ground cover and apartment/condominium units have been
- statistically found to have an area that is 62 percent of the
area established for a single family residence.Since
apartments, as a class, have less hard surface area per unit than
a single family residence, then the impact upon public facilities
is assumed to be less. Therefore, apartment condominium units
are assessed at a lesser rate. The amount of 'hard surface area
on a particular parcel is assumed to be the overriding criterion
under this rate structure alternative
In another rate structure alternative, designated as the Dwelling
Unit alternative, all residential customers are lumped into the
same class and therefore pay the same rate per unit, i.e., a
single family residence pays the same rate as an apartment unit.
Two criteria are considered in this option: the amount of hard
surface ground cover and the fact that all residential customers
benefitequally from the Stormwater Management System. .The SFEU
is still established at 2,147 square feet for purposes of
calculating the rate for nonresidential properties.
It should be noted that in this latter alternative residential
properties account for,67 percent of the revenues even though the
vast majority of the City's stormwater maintenance problems occur
in commercial/industrial and multi -residential areas. This
inequity would be corrected within the City by implementing the
Uniform Dwelling Unit alternative. This alternative follows the
logic of, the Dwelling Unit alternative but establishes a uniform
dwelling unit (UDI) as the standard of measurement' rather than
the single family equivalent unit (SFEU). The UD1 is the
Statistical average of all residential units within the City,
10395
..................
Robert F. Clam, March 22o 1988
Chief Deputy City Attorney
i,e.) single family) apartmient} condominium and mobile home and
has been statistically determined to be 1-,191 square feet. By
using this figure as a unit of ineasutement in determining the
rates for nonresidential properties, then the total revenue split
between residential and nonresidential moves, closer to 50-50,
If the present rate structure of the ordinance is not consistent
with the intentions of the City Commission expresseiI at the March
10, 1988 meeting, then we believe that this final alternative
(Uniform Dwelling Unit) would be the most equitable option for,
implementation.
JJK1.au
cc: City Manager
Frank May, Management & Budget`
2
initial plans call for billing and collection for the stotfAwater
utility to be bandied through the Miami -fade Water and Sewer Au-
hority, preliminary cost estimates assuring 82,4)fi quarterly
bills and 2,000 Monthly bills, equate to a242,l()0 per year. The
estimate was based on allocating the total cost of billing all
services (water, sewer, stormwatero etc.) according to the total
number of bills sent each year for that service.
The City's share of the administrative cost goes toward estab-
lishing new accounts, modifying existing accounts, handling cus-
tomer calls, and tracking accounts which receive only a storm -
water utility bill. The personnel estimate for initial staffing
requirements to perform these services would be five (5) posi-
tions. The total cost for labor, materials, computer time, etc.
was estimated,to be approximately $227,000 per year,
7.3 SINGLE FAMILY_ EQUIVALENT UNIT ALTERNATIVE
The Single Family Equivalent Unit alternative (SFEU) has typi-
cally been the basis for rate structures established for previous
stormwater utilities. .Under this alternative, the SFEU is the
r determining the customer charge. The SFEU is defined
basis for e g g
�t
as the average area covered by all impervious improvements on a
typical single family detached residence. In the case of the
City of Miami, the SFEU was established to be 2,,147 square feet
of impervious area.
Under this alternative, all single family, detached residences are
treated as a single class with each customer assessed one (1)
SFEU. A non -single family parcel is assessed according to the
ratio of its impervious area to that established for a SFEU. As
an example, a gasoline service station which has an impervious
area of 15,029 square feet, would receive a stormwater util'ity
bill for seven;(7') times the charge for a SFEU (15,029 sq ft'
f
divided by 2,147• sq,ft/SFEU = 7 SFEUs).
Applying this Methodology to each parcel within the City of
Miami, the total number of SPEUs to be assessed is 124�721 (Table
7-1) , Commercial property comprises the largest portion 00,2
percent) followed by single family residence (28,3 percent) and
multifamily parcels (21.2 percent), The bill received is direct-
ly related to the impervious Area of the parcel and has no refer-
ence to the number of dwelling units receiving benefits froth the
services of the utility.
7.4 bt8LLING UNIT" ALTEgNATI.VE
I Q The Dwelling unit alternative is based on the premise that storm -
water management systems are constructed for the health and
safety of all City residents, Those receiving benefits from the
services provided by the system have an obligation to help fi-
nance the service. In this alternative, all residential custom-
ers are lumped into the same class. Assessment of the residen-
tial class is based on the number of dwelling units. A single
family residence would be assessed one (1) SFEU while an apart-
ment complex with 12 apartments would be assessed 12 SFEU (one
SFEU for each apartment). Based upon assuming that the benefits
of all residential customers are the same, each residential
customer/dwelling unit
receives an assessment of one
SFEU regard-
less of the amount of
impervious area. Though it
is true that
the amount of impervious
area does not always incrementally
in-
crease with the number
of dwelling units, the cost
of providing
services does continue
to increase with the number
of dwelling
units. A significant
area of direct cost increase
is the in-
crease ,in land cost for new and expanded facilities
at the same
time the availability of land decreases.
Non-residential property receives the same benefits as resi
dential property but contributes more to stormwater management
I- because of the large amount of impervious surfaces. The storm -
water utility assessment is therefore assessed according to the
7-4
i0395
ii i
E
0
relationship of the impervious area to that of the single family
residehce (i.e., SPEU).
Within Miami, the Dwelling unit alternative is estimated to have
a revenue base of 185,211 8PPUt and is a 43 percent increase over
the SPED Alternative presented in Section 7.3 (Table 7=1). The
Dwelling Unit Alternative shifts financial responsibility for
stormwater management to those customers receiving benefits from
the system and assesses those contributing to the stormwater Man
agement problem.
7.5 GRADUATED PESIDENTIAL SCALE ALTERNATIVE
The Graduated Residential Scale .Alternative follows similar logic
as the Dwelling Unit Alternative in that those who receive bene-
fits from the services should share the financial burden of the
utility. However, the Graduated Residential Scale (G.R.S.) recog-
nizes that not every residential customer has the same impact on
the stormwater management system. In order to establish equita-
ble bases, residential customers are based on the relative size
of individual living area classes. Total- living area includes
the floor space of the residence, plus its share of exterior im-
provements (i.e., parking, sidewalks, pools, etc.). Residential
customers whose living areas are of similar size are grouped
together into a common class. Each residential class is then
assessed a rate based on the ratio of the average living area
established for the class and that of the single family residence
(i.e., the SFEU). Non-residential properties are assessed indi-
vidually at a rate equal to the ratio of the total impervious
area and the square footage established for an SFEU.
Four residential classifications were identified for Miami: 1)
sin le fam, "Maiden e• 2) b'1 h 3) lt'f
g y c
mo i e
ome,
mu i amily
unit, and
4)
condominium..
The ratios
of the
average
living area
calculated
fnr
'aarnh nl ncc
nr%A
+.L.—
OVVrr .,,.,.
t n n AA
n c1% __�
E
F
LOU
and a condominium are similar its site# the two classes could be
combined. HOWa rer, for this presentatioh, the four residential
and the one honesresidential customer classes were used.
For the City of Miami, a Graduated Residential Scale is estimated
to have a utility base of 1510078 SFEU Gable 1-1). This repre-
.tents a 15 percent increase in the number of SFEUs over the
Single Family Equivalent Alternative and approximately 21 percent
fewer SFEt)s than the Dwelling Unit Alternative. Residential
customers (90 percent of the total number of customers) are re-
sponsible for roughly 60 percent of the revenue base.
Administration of this type of program is relatively simple.
Residential customers would all be assessed one (1) SFEU per
dwelling unit times the G.R.S. ratio for the residential class.
For example, a mobile home would be assessed one SFEU times the
G.R.S. ratio' for mobile homes (0.44 or 0.44 SFEU). Each con-
dominium would be assessed 0.60 SFEU (1 SFEU x 0.60 = 0.60 SFEU).
With 90 percent of the stormwater utility customers belonging to
one of the four residential classes, only 8,218 individual files
would have to be maintained for each of the remaining non-
residential customers.
7.6 REVENUE SCENARIOS
7.6.1 INTRODUCTION
Four (4) revenue scenarios have been developed to illustrate the
financial capabilities of a stormwater utility in the City of
Miami (Table 7-2). The first and third scenarios use the Grad-
uated Residential Scale Alternative as a method of determining
the utility's_ revenue base, while the second and fourth scenarios
use the, Dwelling Unit Alternative. The Graduated Residential
Scale and the Dwelling Unit alternatives were selected since the.
concept of everyone benefiting should pay a fair share. fo
r the
services of the utility appears to be more equitable than simply
7-6 1039S