Fort Walton Beach Ordinance — 1821 - stormwater management utility — reading text

READING 1st 2nd ORDINANCE 1821 AN ORDINANCE OF THE CITY OF FORT WALTON BEACH, FLORIDA; PROVIDING AUTHORITY; AMENDING CHAPTER 10.521, STORMWATER MANAGEMENT UTILITY, OF THE CODE OF ORDINANCES; PROVIDING FOR REPEAL OF CONFLICTING PROVISIONS AND AN EFFECTIVE DATE. BE IT ORDAINED BY THE CITY OF FORT WALTON BEACH, FLORIDA: Section 1. Authority The authority for enactment of this ordinance is pursuant to section 2 of the City Charter, and sections 166. 021( 1) and 403. 0893 of the Florida Statutes ( 2009). Section 2. Intent Chapter 10. 521 of the Code of Ordinances is being amended to incorporate changes for the City' s Stormwater Utility operations, charges, and to correct terminology. Section 3. Amendment of Chapter 10.521, Stormwater Management Utility Chapter 10. 521, Stormwater Management Utility, of the Code of Ordinances is amended as follows: a. Section 10. 521. 01, Definitions, of the Code of Ordinances is amended to add the following definitions: Commercial property. Anv property designated as a commercial or multi- commercial property in the city' s utility billing system. This includes any other property not designated as residential property. Equivalent residential unit ( ERU). A reference from which an equitable distribution of the cost of services and facilities can be made among all properties in the city through a stormwater management service charge rate methodology. The equivalent residential unit in the city for the purpose of service charge ratemaking has been determined through engineering analysis to be a gross area of 3 ~200 ~ square feet of effective impervious area. Impervious areas. Surfaces which have been compacted or covered with a layer of material which is highly resistant to infiltration by water, such as roofed and paved areas, including, but not limited to, areas covered by roofs, roof extensions, slabs, patios, porches, driveways, sidewalks, parking areas and athletic areas. It saaU also ioollide semi impervious areas, SlieR as eempooted clay.  Residential propertv. Any property designated or currently used as a residential or multi-residential property in the city' s utility billing system. This includes single- family dwellings~ apartments~ town homes~ and condominiums. b. Section 10. 521.03, Stormwater Management Utility User Fee, of the Code of Ordinances is amended as follows: Sec. 10.521. 03. Stormwater Management Utility User Fee. There is hereby created a stormwater management utility user fee to be charged for the provision of stormwater management services to properties with impervious surfaces and developed properties with improvements or uses that contribute stormwater runoff to the city' s stormwater management systems. Such user fees shall be used only to accomplish the functions of the stormwater management program and utility. Such user fees shall be a monthly fee as established by a separate resolution and set forth in the comprehensive fee schedule, in accordance with the following methodology. a) Single family RFesidential property. Each residential siBgle family property or unit, including any single- family dwelling or unit~of any kind~ within a multi- family development these properties \ vttR lip to foW" (1) residootial units, shall be considered one Q.LERU for billing purposes. Monthly service charges for each residential property single family d". vclliBg lH1it shall be identical and billed according to the water meter assigned to the unit. L'\ b) Commercial 9theF properties. Commercial ll otaef properties shall be charged a user fee equivalent to the following formula: Base ERU Total impervious surface on property divided by the residential ERU of 3~200 ~ or one ( 1) ERU, whichever is greater. c. Section 10. 521.04, Exemptions, of the Stormwater Management Utility, in the Code of Ordinances is amended as follows: Sec. 10. 521.04. Exemptions. City-owned lots or parcels, except those leased to any entity that is required to pay utilities for the leased premises, public road rights- of- ways, vacant lots or parcels, and undeveloped lots or parcels shall be classified as exempt from stormwater utility user fees. Ord. 1821 Page 2 of3  d. Section 10. 521. 07, Collection of Fees, Stormwater Management Utility, Code of Ordinances, is amended as follows: Stormwater utility fees shall be collected and enforced in the same manner that water, wastewater, and solid waste fees are collected and enforced. Failure to timely pay the monthly stormwater utility fees will result in the termination of water service and may also result in the disconnection of stormwater management service( s) to the subject property in accordance with section 10. 53. 02, of the City's Code, as amended. The city may, at its discretion, submit a separate notice to a property owner of the annual stormwater utility fees imposed on that owner's property if such notice will facilitate the billing and collection of imposed fees. Section 4. Repeal of Conflicting Provisions In the event any ordinance or parts of ordinances are in conflict with any other provision of the Code, the provisions of this Ordinance shall prevail. Section 5. Severability Should any provision or portion of any provision in this ordinance be declared by a court of competent jurisdiction to be invalid, such decision shall not affect the remainder of the provisions herein. Section 6. Effective Date This Ordinance shall take effect immediately upon approval by the City Council and signature of the Mayor. ly(jl) () c)v ~ () O I () ttde~ Adopted Mike Anderson, Mayor New language is underlined. Deleted language is striekeB. Codification Instructions: Section 1, 2, 4, 5, 6 are not codified. Section 3 is codified as amendments to chapter 10 as stated. DISPOSITION Ord. 1821 Page 3 of3 c Baily News Legal 7733 CITY OF FORT WALTON BEACH, FLORIDA . NOTICE OF PUBLIC Published Daily HEARING Fort Walton Beach, Florida A PUBLIC HEARING will be held on the fol- Distributed in Okaloosa, Santa Rosa & Walton Counties lowing nance proposed ordi- at 6: 00 p. m. on Tuesday, March 9, 2010, in . the Council Chamber at Fort Wal- State of Florida ton Beach City Hall, 107 Miracle Strip Park- County of Okaloosa way; SW, at which time the City Council will consider. its adoption into law. The ordinance in its entirety may be Before the undersigned authorized personally appeared inspected at the Office of the City Clerk during Yh/igfLL-flj LJ; ~ who on oath says that ( s) he regular working hours. All interested parties at the may appear is {!/ p;sSilitJ AfJ.. 5 cJ of the Northwest Florida Daily News, a daily meeting and be heard wnh respect to this pro- posed ordinance. . Florida; newspaper published at Fort Walton Beach, inOkaloosa County, ORD. 1821 AN ORDINANCE OF that the attached copy of advertisement, being a ~~ 7133 THE CITY FORT