Fort Walton Beach Council agenda — 03-09-2010 Regular — reading text

ORDINANCE 1821 2 3 AN ORDINANCE OF THE CITY OF FORT WALTON BEACH, 4 FLORIDA; PROVIDING AUTHORITY; AMENDING CHAPTER 5 10. 521, STORMWATER MANAGEMENT UTILITY, OF THE 6 CODE OF ORDINANCES; PROVIDING FOR REPEAL OF 7 CONFLICTING PROVISIONS AND AN EFFECTIVE DATE. 8 9 BE IT ORDAINED BY THE CITY OF FORT WALTON BEACH, 1o FLORIDA: 11 12 Section 1. Authority 13 The authority for enactment of this ordinance is pursuant to section 2 of the City 14 Charter, and sections 166. 021( 1) and 403. 0893 of the Florida Statutes ( 2009). 15 16 Section 2. Intent 17 Chapter of the Code of Ordinances is being amended to incorporate 10. 521 18 changes for the City' s Stormwater Utility operations, charges, and to correct terminology. 19 20 Section 3. Amendment of Chapter 10. 521, Stormwater Management Utility 21 Chapter 10. 521, Stormwater Management Utility, of the Code of Ordinances is 22 amended as follows: 23 24 a. Section 10. 521. 01, Definitions, of the Code of Ordinances is amended to add 25 the following definitions: 26 27 Commercial property. Any property designated as a commercial or multi - 28 commercial property in the city' s utility billing system. This includes any 29 other property not designated as residential property. 30 31 Equivalent residential unit ( ER U). A reference from which an equitable 32 distribution of the cost of services and facilities can be made among all 33 properties in the city through a stormwater management service charge 34 rate methodology. The equivalent residential unit in the city for the 35 purpose of service charge ratemaking has been determined through 36 engineering analysis to be a gross area of 3, 200 2, 700 square feet of 37 effective impervious area. 38 39 Impervious areas. Surfaces which have been compacted or covered with a 40 layer of material which is highly resistant to infiltration by water, such as 41 roofed and paved areas, including, but not limited to, areas covered by 42 roofs, roof extensions, slabs, patios, porches, driveways, sidewalks, ill"' °r - "" "" parking areas and athletic areas. it shall also inelude n ° m'- 43 44 nr °nn n» nh nn nEm:Mnn+ ° vim.. A nal au v as, . 45 39-  46 Residential property. Any property designated or currently used as a 47 residential or multi -residential property in the city' s utility billing system 48 and having a water meter. This includes single- family dwellings, 49 apartments, town homes, and condominiums. 50 51 b. Section 10. 521. 03, Stormwater Management Utility User Fee, of the Code of 52 Ordinances is amended as follows: 53 54 Sec. 10. 521. 03. Stormwater Management Utility User Fee. 55 There is hereby created a stormwater management utility 56 user fee to be charged for the provision of stormwater management 57 services to properties with impervious surfaces and developed properties 58 with improvements or uses that contribute stormwater runoff to the city's 59 stormwater management `- systems. Such user fees shall be used only to 60 accomplish the functions of the stormwater management program and 61 utility. Such user fees shall be a monthly fee as established by a separate 62 resolution and set forth in the comprehensive fee schedule, in accordance 63 with the following methodology. 64 65 ( a) Sing4e-fa Rresidential property. Each residential single 66 property or unit, including any single- family dwelling or unit, of any kind, 67 within a multi -family development, * h^ s° r,,.epei4ies with up to f ( 4 68 residential units, shall be considered one PERU for billing purposes. 69 Monthly service charges for each residential property _single -• famAy 70 dwelling ,. nit shall be identical and billed according to the water meter 71 assigned to the unit. 72 73 ( b) Commercial Other properties. Commercial All ethef properties 74 shall be charged a user fee equivalent to the following formula: Base ERU 75 = Total impervious surface on property divided by the residential ERU of 76 3, 200 2-,700 or one ( 1) ERU, whichever is greater. 77 78 c. Section 10. 521. 04, Exemptions, of the Stormwater Management Utility, in the 79 Code of Ordinances is amended as follows: 80 81 Sec. 10. 521. 04. Exemptions. 82 City -owned lots or parcels, except those leased to any entity that is 83 required to pay utilities for the leased premises, public road rights -of- 84 ways, vacant lots or parcels, and undeveloped lots or parcels shall be 85 classified as exempt from stormwater utility user fees. 86 40-  87 d. Section 10. 521. 07, Collection of Fees, Stormwater Management Utility, 88 Code of Ordinances, is amended as follows: 89 90 Stormwater utility fees shall be collected and enforced in the same manner 91 that water, wastewater, and solid waste fees are collected and enforced. 92 Failure to timely pay the monthly stormwater utility fees will result in the 93 termination of water service and may also result in the disconnection of 94 stormwater management service( s) to the subject property in accordance 95 with section 10. 53. 02, of the City's Code, as amended. The city may, at its 96 discretion, submit a separate notice to a property owner of the annual 97 stormwater utility fees imposed on that owner's property if such notice 98 will facilitate the billing and collection of imposed fees. 99 100 Section 4. Repeal of Conflicting Provisions 101 In the event any ordinance or parts of ordinances are in conflict with any other 102 provision of the Code, the provisions of this Ordinance shall prevail. 103 104 Section 5. Severability 105 Should any provision or portion of any provision in this ordinance be declared by 106 a court of competent jurisdiction to be invalid, such decision shall not affect the 107 remainder of the provisions herein. 108 109 Section 6. Effective Date 110 This Ordinance shall take effect immediately upon approval by the City Council 111 and signature of the Mayor. 112 113 114 115 Adopted Mike Anderson, Mayor 116 117 118 Attest: Approved for form and legal sufficiency. 119 120 121 Helen Spencer, City Clerk Toni L. Craig, City Attorney 122 123 New language is underlined. 124 Deleted language is stile. 125 126 Codification Instructions: 127 Section 1, 2, 4, 5, 6 are not codified. Section 3 is codified as amendments to chapter 10 as 128 stated. 41-  CITY OF FORT WALTON BEACH MEMORANDUM To: Robert T. Mearns, City Manager From: Michael D. Beedie, P. E., City Engineer Date: February 11, 2010 Subject: Ordinance No. 1821 to Amend Chapter 10. 521 Stormwater Management Utility of the Code of Ordinances ( First Reading) 1. BACKGROUND: City Council adopted Ordinance No. 1768 to establish a 1. 1 In August 2008, Stormwater Management Utility. Resolution 2008 -34 established the user fee of 3. 00 per Equivalent Residential Unit ( ERU). The Stormwater Management Utility began operating on October 1, 2008. 1. 1. 1 The Stormwater Management Utility was established as a City utility enterprise fund to allow for the " maintenance, planning, design, construction, regulation, surveying, and inspection related to stormwater management facilities of the City ". 1. 1. 2 The Stormwater Utility fee would be " charged to all developed property within the City that contributes stormwater runoff to the City' s stormwater management systems to accomplish the functions of such utility 1. 1. 3 The Equivalent Residential Unit ( ERU) is used as the basis of calculating the user fee for each property in the City that has an active water meter account. 1. 1. 3. 1 Tetra Tech, Inc., the City' s Stormwater Utility consultant, performed an engineering analysis of a statistical sampling of the residential properties within the City in order to determine a gross area of effective impervious area to be used as the basis of the ERU. 1. 1. 3. 2 The original gross impervious area for one ( 1) ERU was set at 2, 700 square feet in Ordinance No. 1768. 1. 2 Based on the 2, 700 square foot per ERU, a user fee was established for both Single- family residential property" and " Other properties ". In Ordinance No. 1768, the user fees were as follows: 42-  1. 2. 1 " Single- family residential property. Each single -family property, including those properties with up to four residential units, shall be considered one ERU for billing purposes. Monthly service charges for each single- family dwelling unit shall be identical ". 1. 2. 2 " Other properties. All other 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 2, 700 ". 1. 3 Using these user fee criteria, Tetra Tech estimated the FY 2008 -09 Stormwater Management Utility revenue as $ 594, 000: 1. 3. 1 Residential Property - $ 279, 180 1. 3. 2 Commercial / Other Properties - $ 314, 820 1. 4 The actual Stormwater Management Utility fees collected in FY 2008 -09 were 652, 663.