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HomeMy WebLinkAboutO-2003-029 Update code provisions application to the management of stormwater assessments ORDINANCE NO. 2003-029 AN ORDINANCE OF THE CITY OF DANIA BEACH, FLORIDA, RELATING TO STORMWATER MANAGEMENT; PROVIDING REVISIONS TO ARTICLE VIII (ENTITLED "STORMWATER MANAGEMENT") TO UPDATE CODE PROVISIONS APPLICABLE TO THE MANAGEMENT OF STORMWATER AND TO STORMWATER ASSESSMENTS; CREATING NEW DEFINITIONS AND PROVIDING FOR CLARIFICATION OF CODE PROVISIONS; PROVIDING FOR SEVERANCE; PROVIDING FOR CONFLICTS; FURTHER, PROVIDING FOR AN EFFECTIVE DATE. BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF DANIA BEACH, FLORIDA: Section 1. That the following Sections appearing in Article VIII (entitled "Stormwater Management") of Chapter 27 (entitled "Water and Sewer") of the City Code of Ordinances are amended to read as follows: DIVISION 1. GENERALLY Sec. 27-211. Definitions. 0 ® o Capital improvement project means the construction, acquisitions, installation, reconstruction renewal or replacement of facilities deemed necessary to control and manage the stormwater burden generated by the use and enjoyment of property within the City. 0 0 €-&U ERU means equivalent stormwater residential unit, the standard unit to be used in calculating the stormwater burden expected to be generated by the impervious area of developed single family residential property, as such unit may from time to time be calculated from the median of all single family properties in the City after taking iRtE) quality of stermwater FURE)ff. Tax parcel means any parcel of property to which the Broward County Property Appraiser has assigned a distinct ad valorem property tax identification number. F:/56600 L/Ordinances:/Stormwater 1 ORDINANCE NO.2003-029 Sec. 27-213. Findings. 0 a o (5) The benefits provided by the stormwater utility to developed any property located within the city include, by way of example and not limitation, the provision of stormwater management services and the availability and use of facilities or improvements by owners and occupants ef develeped pmperty to properly and safely detain, retain, convey or treat stormwater discharged from developed- their property; stabilization of or the increase of developed property values; increased safety and better access to developed prepert properties in the City; improved appearance of properties in the City; rendering properties more adaptable to a current or reasonably foreseeable new and higher use; and alleviation of the burdens caused by stormwater runoff and aGGUFnWlati9R att8RdaRt with the use of deyeleped pre^or+„ upon the City's stormwater system resulting from such property. developed property. (7 6) The benefits provided by the stormwater utility bear a logical relationship to the value, use and characteristics of developed each property located within • the city. (8 7) The stormwater assessments authorized by this article provide an equitable method of funding the stormwater service cost by fairly and reasonably allocating the stormwater service cost to Sponiall„ benefitted developed each property classified on the basis of the stormwater burden expected to be generated by the physical characteristics and use of such developed property (by individual parcel or any reasonable classification of parcels). (9) Tax exempt inins ' itienal preper-ty provides far"I,cmcies aed--uses eewnership �#e e eGGiApaRtS, and membership as well as the publiG on general that ethepNdse might be required te be previded by the Gity and suGh property Use funds to the staFmwater Utility fURd fFem SE)UFG86 other than PFOGeeds of thee stermwater assessments in an ameunt equal to the stermwater a-ssessrnent wee l d have boon imposed agaiRSt+w_exempt instit itienal property-. (4-0 8) The stormwater assessments imposed pursuant to this article are imposed by the city commission, not the property appraiser or tax collector. Any activity of the property appraiser or tax collector under the provisions of this article shall be construed as ministerial. F:/56600t:/Ordinances:/Stormwater 2 ORDINANCE NO.2003-029 (9) The City's stormwater utility is necessitated by historical changes to natural water flow paths as a result of construction of canals, roads and other capital projects that permit development of property within the City. The City's • stormwater utility and identified capital improvement projects provide for the collection, storage, treatment and conveyance of stormwater, which benefit all properties within the City. (10) The stormwater assessments authorized in this article are a reasonable, equitable and just method of funding the identified operations, administration and capital improvement project costs of the stormwater utility. s o DIVISION 2. STORMWATER UTILITY Sec. 27-221. Established. 0 (c) The stormwater utility may also acquire and construct capital facilities for stormwater management. The cost of sub such facilities &h,-A may be funded from cep ernes other than proceeds of the stormwater assessments. ® 0 • DIVISION 3. STORMWATER ASSESSMENTS Sec. 27-231. Authorization. The city commission is hereby authorized to impose stormwater assessments against developed prepert all properties located within the city to fund all or any portion of the stormwater service cost in accordance with the burden the property places on the stormwater system. T-"e—Gity shall transfer Iay4ully ai'(amiable funds tee- he stermwAter utility fund frern SGUFGeS etheF than PFeGeeeds ef f-he stermwater assessments un an arnGURt equal te the sterrnwateF assessment that weuld have been impesed against tax exempt indite itieRal preperty. (1) The stormwater service cost shall be assessed against all parcels of developed property within the city at a rate of assessment based upon the special benefit accruing to such developed property from the city's provision of stormwater management services, measured by the number of €S-U ERUs attributable to each parcel or classification of developed property. Notwithstanding the foregoing, if it is specifically determined by the city commission that any portion 9 property in the city receives a distinct special benefit from any component of the stormwater management service that is materially different in kind or degree from the special benefit received by other portions of the city, the stormwater service cost related to such component shall be assessed against the portion of the city receiving the distinct special benefit. • F:/56600]:/Ordinances:/stormwater 3 ORDINANCE NO.2003-029 (2) Stormwater assessments shall be payable annually and shall be computed as for each parcel of develeped property as such parcel's share of all or any portion of the stormwater service cost to be funded from proceeds of the stormwater assessment, based upon the number of€-S-U ERUs attributable to such parcel. m ® o Sec. 27-232. Initial stormwater assessment resolution. The initial proceeding for imposition of a stormwater assessment shall be the city commission's adoption of an initial stormwater assessment resolution identifying, if applicable, that portion of the city to receive a materially higher level of service; estimating the stormwater service cost to be funded from proceeds of the stormwater assessments and, if applicable, the incremental stormwater service cost associated with a higher level of service; describing with specificity the method of determining the number of E-&U ERUs attributable to each parcel or classification of developed property (including any mitigation credit factors) to be utilized for the stormwater assessment; describing the procedure for adjusting the number of€Sly ERUs attributable to a parcel of developed property; and identifying the proposed method of collection. Sec. 27-233. Stormwater assessment roll. (a) The city manager shall prepare, or direct the preparation of, a preliminary stormwater assessment roll for each fiscal year, which shall contain the following • information: (1) A summary description of each parcel of developed property (conforming to the description contained on the tax roll) subject to the stormwater assessment; (2) The name of the owner of record of each parcel as shown on the tax roll; (3) The number of€&U ERUs attributable to each parcel; (4) The proposed stormwater assessment for each €-SJJ ERU; and (5) The proposed stormwater assessment for each parcel. (b) Copies of the initial stormwater assessment resolution and the preliminary stormwater assessment roll shall be on file in the office of the c+^rm, ater Utility Cit Clerk and open to public inspection. The foregoing shall not be construed to require that the stormwater assessment roll be in printed form if the amount of the stormwater assessment for each parcel of developed property can be determined by use of a computer available to the public. • 0 ® m F:/566001:/Ordinances:/Stormwater 4 ORDINANCE NO.2003-029 Sec. 27-235. Notice by mail. . In addition to the published notice required by section 27-234, the city manager shall provide notice of the proposed stormwater assessment by first class mail to the owner of each parcel of developed property subject to the stormwater assessment. The mailed notice shall conform to the requirements set forth in the Uniform Assessment Collection Act. Notice shall be mailed at least twenty (20) calendar days prior to the hearing to each property owner at such address as is shown on the tax roll on the twentieth calendar day prior to the date of mailing. Notice shall be deemed mailed upon delivery thereof to the possession of the U.S. Postal Service. The Gity manager drag affidavit. Failure of the owner to receive such notice due to mistake or inadvertence shall not affect the validity of the stormwater assessment roll nor release or discharge any obligation for the payment of a stormwater assessment imposed by the city commission pursuant to this article. Sec. 27-236. Final stormwater assessment resolution. At the time named in such notice, or such time to which an adjournment or continuance may be taken, the city commission shall receive written objections and hear testimony of interested persons and may then, or at any subsequent meeting of the city commission, adopt the final stormwater assessment resolution which shall confirm, modify or repeal the initial stormwater assessment resolution with such amendments, if any, as may be deemed appropriate by the city commission; approve the stormwater assessment roll, with such amendments as it deems just and right; and determine the method of collection. The stormwater assessments so approved shall be in proportion to the special benefits received by the affected parcels as a result of the management of the stormwater burden expected to be generated by the physical characteristics and use of the developed property (by individual parcel or any reasonable classification of parcels). All objections to adoption of the final stormwater assessment resolution shall be made in writing, and filed with the city clerk at or before the time or adjourned time of such hearing. Sec. 27-237. Annual stormwater assessment resolution. During its budget adoption process, the city commission shall adopt an annual stormwater assessment resolution for each fiscal year following adoption of the final stormwater assessment resolution. The final stormwater assessment resolution shall constitute the annual stormwater assessment resolution for the initial fiscal year. The annual stormwater assessment resolution shall approve the stormwater assessment roll for such fiscal year. The stormwater assessment roll shall be prepared in accordance with the initial stormwater assessment resolution, as confirmed or amended by the final stormwater assessment resolution. If the proposed stormwater assessment for any parcel of developed property exceeds the maximum amount established in the final stormwater assessment resolution or if a stormwater assessment is imposed against property not previously subject thereto, the city commission shall provide notice to the owner of such property in accordance with sections 27-234 and 27-235 hereof and • conduct a public hearing prior to adoption of the annual stormwater assessment F:/566001:/0rdinances:/Stomwater 5 ORDINANCE NO.2003-029 resolution. Failure to adopt an annual stormwater assessment resolution during the budget adoption process for a fiscal year may be cured at any time. • ® o s Sec. 27-240. Revisions to stormwater assessments. If any stormwater assessment made under the provisions of this article is either in whole or in part annulled, vacated or set aside by the judgment of any court, or if the city commission is satisfied that any such stormwater assessment is so irregular or defective that the same cannot be enforced or collected, or if the city commission has failed to include any develeped prepept!' ap rcel on the stormwater assessment roll that should have been so included, the city commission may take all necessary steps to impose a new stormwater assessment against any such develeped property, following as nearly as may be practicable, the provisions of this article and in case such second stormwater assessment is annulled, the city commission may obtain and impose other stormwater assessments until a validr stormwater assessment is imposed. 0 O Sec. 27-242. Correction of errors and omissions. ® ® m (b) The number of€-&W ERUs attributed to a parcel of developed property may be corrected at any time by the city manager. Any such correction which reduces a • stormwater assessment shall be considered valid from the date on which the stormwater assessment was imposed and shall in no way affect the enforcement of the stormwater assessment imposed under the provisions of this article. Any such correction which increases a stormwater assessment or imposes an assessment on omitted develeped property shall first require notice to the affected owner in the manner described in section 27-235 hereof, providing the date, time and place that the city commission will consider confirming the correction and offering the owner an opportunity to be heard. ® m o DIVISION 4. COLLECTION OF STORMWATER ASSESSMENTS ® m Sec. 27-247. Alternative method of collection. In lieu of using the Uniform Assessment Collection Act, the city may elect to collect the stormwater assessment by any other method which is authorized by law or provided by this section as follows: (1) The city shall provide stormwater assessment bills by first class mail to the owner of each affected parcel of develeped pmperty, other than geyemment property. F:/56600]:/Ordinances:/Stomiwater 6 ORDINANCE NO.2003-029 The bill or accompanying explanatory material shall include a brief explanation of the stormwater assessment, a description of the €S-U ERU used to determine the amount of the stormwater assessment, the number of€9-14 ERUs attributed to the parcel, the total •` amount of the parcel's stormwater assessment for the appropriate period, the location at which payment will be accepted, and the date on which the stormwater assessment is due, and a statement that the steprnwater assessment GORstitutes a lieR against assessed prepeFty equal iR FaRk and dignity with the 1iGRS ef all state, GGLinty, diGtFiGt GF m„Y,VGInal taxes and Ether nen_ad valeFem assessn^,en+s • o • Sec. 27-248.1. Use of stormwater assessments. The proceeds of any stormwater assessment imposed pursuant to this article may be used for the following purposes: to fund the cost of capital improvement projects for the stormwater utility, including but not limited to the cost of financing, engineering and permitting such capital improvement projects; to enforce the payment of any delinquent stormwater assessments; to impose a charge for stormwater utility services on those properties in the City and for any other lawful purpose. Sec. 27-248.2. Issuance of bonds, certificates of indebtedness or other obligations. (1) Subject to applicable law, the city commission is authorized to provide, by resolution for the issuance sale and future refunding of bonds certificates of indebtedness, loans or other instruments or obligations (collectively referred to as "obligations") for the provision of capital improvement projects to be secured by the proceeds of such obligations, including investment earnings, stormwater assessments, special assessments and any other legally available non-ad valorem revenue pledged to secure the obligations in the authorizing resolution (such securities referred to collectively as "pledged revenues"). Such resolutions may include terms including both fixed and variable interest rates, covenants and conditions and establish such funds as the city commission deems appropriate. (2) In issuing obligations under this article, it shall be lawful for the City to include more than one capital improvement project or purpose in the resolution authorizing the issuance of the obligations. The proceeds of any obligations issued by the City to finance the cost of any capital improvement project may be used to pay all costs directly or indirectly related to the provisions of the capital improvement project or projects, unless limited by the resolution authorizing the obligations. (3) Any obligation issued under this section shall not be deemed to constitute a pledge of the full faith and credit of the City, but the obligations shall be Payable only from the pledged revenues in the manner provided by the resolution authorizing the obligations. The issuance of obligations shall not F:/566001:/0rdinances:/Stormwater 7 ORDINANCE NO.2003-029 directly or indirectly obligate the City to levy or to pledge any form of ad valorem taxation. • Section 2. That except as amended above, all other provisions of Article VIII of Chapter 27 of the City Code of the City of Dania Beach, Florida, shall remain in full force and effect. Section 3. That all ordinances or parts of ordinances and all resolutions or parts of resolutions in conflict with this ordinance are repealed to the extent of such conflict. Section 4. That if any section, clause, sentence or phrase of this ordinance is for any reason held invalid or unconstitutional by a court of competent jurisdiction, the holding shall not affect the validity of the remaining portions of this ordinance. Section 5. That this ordinance shall be in force and take effect immediately upon its passage and adoption. PASSED AND ADOPTED on first reading on August 12, 2003. PASSED AND ADOPTED on second reading n A gust 2 , 2003. ANTON MAYOR — CO MISSIONER ATTES ROLL CALL: COMMISSIONER CHUNN - YES COMMISSIONER FLURY -YES CHARLENE AbHNSON COMMISSIONER MIKES - YES CITY CLERK VICE-MAYOR MCELYEA - YES MAYOR ANTOW YES APPROVED AS TO FORM AND CORRECTNESS: BY: /1-. TH MA A"'� J. A BRO CITY ATTORNEY �1 F:/566001:/Ordinances:/Stormwater 8 ORDINANCE NO.2003-029 _ - Agenda Request Form City of Dania Beach . :... .. .. . .. .: Agenda Item: r Date of Commission meeting: 8/12/2003 Description of Agenda Item: Amend Stormwater Ordinance Commission action being requested: Adopt Resolution or Ordinance ® Expenditure ❑ Award BID/ RFP ❑ Presentation ❑ General approval of item ❑ Continued from meeting Summaryexplaon}a d b ckground At the budget workshop of 7/24/03, staff have introduced changes to the stormwater assessment • and the Commission has set a "not to exceed" rate for FY 2004 on the stormwater fees based on those recommendations. Therefore, the current ordinance needs to be amended to comply to the calculation performed by the consultant. � x--��� Attached exhibits and atld�t�onal backup materials(Please;list): Staff Memo Ordinance For purchasing requests ONLY Department: Amount: Fund: General: ❑ Water: ❑ Sewer: ❑ Stormwater: ® Grants: ❑ Capital: ❑ Account Name: Account Number: Submitted by. pvarney Date: 8/1/2003 Department Director. Date: Admin. Services Director: Date: • Finance Director: Patricia Varney Date: 8/1/2003 City Manager. Ivan Pato Date: 8/1/2003 • = CITY OF DANIA BEACH DEPARTMENT OF FINANCE MEMORANDUM TO: Ivan Pato Memo: DFA-03-028 City Manager FROM: Patricia Varney Director of Finance DATE: July 29, 2003 SUBJECT: Stormwater Ordinance Issue To amend City's Code of Ordinance 13-96 to incorporate the changes as presented by the consultant Public Utility Management and Planning Services, Inc. for the calculation of the stormwater utility fees effective October 1, 2003. • Explanation Historically, the City utilized 3 cents gas tax to balance the budget for the Stormwater Fund. According to the Florida Statutes, the 3 cents gas tax can only be used on projects identified in the capital element of the City's Comprehensive Plan. The Comprehensive Plan for the City of Dania Beach only lists $35,000 for sanitary sewer study in its capital element. Further, the City is required to implement GASB 34 for fiscal year ending September 30, 2003 and that the Stormwater Fund needs to be reclassified as an enterprise fund instead of a special revenue fund. Therefore, the City engaged a consultant to calculate the require stormwater fees for FY 2004 making this fund self- sustained. Major changes in this ordinance include the following: 1) The calculation will be based on Equivalent Residential Unit instead of Equivalent Service Unit. It is the standard unit to be used in calculating the Stormwater burden expected to be generated by the Impervious Area of a single family residential property, as may from time to time be defined from the median of all single family properties in the City. Implicit in this method is a calculation that increases the Stormwater Assessment cost to properties that are largely impervious. 2) The current ordinance indicates that all public services properties are exempted from Stormwater Fees provided that the appropriate share of the 1 assessment will be transferred to the Stormwater Fund from other sources of revenue in the City's general fund, which is a substantial amount of money each year. The proposed ordinance revisions require all public property, which includes the County, School Board and the City of Dania Beach, to pay their appropriate share of stormwater assessments. 3) Current ordinance also indicated that capital improvement projects are not to be funded from Stormwater assessment. It is proposed that future capital improvement projects or any related debt service derived from such projects will be funded through the Stormwater assessment. • 2 SUN-SUNTINUL Z PUBLISHED DAILY FORT LAUDERDALE,BROWARD COUNTY,FLORIDA NOTICE OF NEARING BEFORE CITY COMMIS- BOCA RATON,PALM BEACH COUNTY,FLORIDA SION CITY OF DANIA MIAMI,MIAMI DADE COUNTY,FLORIDA BEACH, FLORIDA,, RE- CARDING ADOPTION OF yy THE FOLLOWING PRO- "5'i POSED ORDINANCES: NOTICE IS HEREBY GIVEN STATE OF FLORIDA that the City Commission of the City of Dania Beach, COUNTY OF BROWARD/PALM BEACH/MIAMI DADE Florida, on August z6, BEFORE THE UNDERSIGNED AUTHORITY, PERSONALLY APPEARED 2003, at 7:00 p.m. or as soon thereafter as the matter may be heard,will WHO,ON OATH,SAYS THAT conduct a public hearing In the CI[Y Commission x„ Chambers of the Dania H�IS A DULY AUTHORIZED REPRESENTATIVE OF THE CLASSIFIED Beach City Hall, too west DEPARTMENT OF THE SUN-SENTINEL,DAILY NEWSPAPER PUBLISHED loania Beach, Boulevard, ri 4 ; IN BROWARD/PALM BEACH/MIAMI DADE COUNTY,FLORIDA, AND THAT THE consider the proposed ATTACHED COPY OF ADVERTISEMENT,BEING A: adoption of the following Ord nances entitled: t S\, AN ORDINANCE OF THE i STORMWATE CITY of DANIA ELATING TO BEACH, R MANAGEMENT 'Cfe FLORIDA, RELA STORMWATER MANAGE- EVI- IN THE MATTER OF: MENT; PROVIDING SIGNS TO ARTICLE VIIl(EN (EN- TITLED STORMWATER s MANAGEMENT) TO UP- Stormwater Management DATE CODE PROVISIONS APPLICABLE TO THE MAN- AGEMENT OF STORMWA- D TO STORMWATER IN THE CIRCUIT COURT,WAS PUBLISHED IN SAID NEWSPAPER IN THE ASSESSMENTS; CREATING ISSUES OF: NEW DEFINITIONS AND PROVIDING FOR CLARIFI- CATION OF CODE PROVI- B/15,1 11560337 SEOVERANCE;;VIDING FOR PROVIDING FOR CONFLICTS; FUR- THER, PROVIDING FOR AN AFFIANT FURTHER SAYS THAT THE SAID SUN-SENTINEL IS A NEWSPAPER EFFECTIVE DATE. PUBLISHED IN SAID BROWARD/PALM BEACH/MIAMI DADE COUNTY,FLORIDA, AN ORDINANCE OF THE AND THAT THE SAID NEWSPAPER HAS HERETOFORE BEEN CONTINUOUSLY CITY FA FLORIDA DANIIAINBE TO H, PUBLISHED IN SAID BROWARD/PALM BEACH/MIAMI DADE COUNTY,FLORIDA, THE QUALIFICATIONS FOR, EACH DAY,AND HAS BEEN ENTERED AS SECOND CLASS MATTER AT THE AND AN EMPLOYMENTCONTRACT WITH, A CITY MANAGER OF THE CITY OF POST OFFICE IN FORT LAUDERDALE,IN SAID BROWARD COUNTY,FLORIDA, DANIA BEACH;AMENDING IrF FOR A PERIOD OF ONE YEAR NEXT PRECEDING THE FIRST PUBLICATION OF SECTIONS (APPOINTMENT, QUALIFI- CATIONS ATTACHEDCOPY OF ADVERTISEMENT;AND AFFIANT FURTHER SAYS THAT CATIONS AND COMPEN- HE/SHE HAS NEITHER PAID,NOR PROMISED,ANY PERSON,FIRM, OR C TYOTO ENTER INTO CON- CORPORATION,ANY DISCOUNT,REBATE,COMMISSION,OR REFUND,FOR THE TRACT OF EMPLOYMENT) OF ARTICLE 3(CITY MAN- PURPOSE OF SECURING THIS ADVERTISEMENT FOR PUBLICATION IN SAID 'AGER) OF PART III (ADMINISTRATIVE OFF N APER. DEPART- MENTSI- • II CE AND) OF THE CITY CHARTER TO PROVIDE FOR NEW EDUCATIONAL AND OTHER MINIMUM RE- (S NATUREOFAFFIANT) QUIREMENTS AND QUALI- FICATIONS (SECTION 1) AND TO SPECIFY NEW SWORN TO AND SUBSCRIBED BEFORE ME TO C YO MANAGERCABLE CON- ON: 15-Auguat-2003 , A.D. TRACTS(SECTION 3);PRO- VIDING FOR SEVERANCE; / PROVIDING FOR CON- . FLICTS; FURTHER, PRO- VIDING FOR AN EFFECTIVE DATE. (SIGNATURE OF NOTARY PUBLIC) Copies of these proposed Ordinances are on file in the Office of the City Two L.Bezck Clerk, City Hall, too West EXPIRES ;,,... Dania Beach Boulevard, MYCOMMISSIONB DD024939 Dania Beach, Florida,and July 20,2005 may be Inspected by the `;Y•- i ?�I o(11hdp AONOEDiNPU iRO'FAIN INSURANCE,INC. public during normalworking hours. it+ (NAME OF NOTARY,TYPED,PRINTED, OR STAMPED) pear aed phetieaforesaid Vi3 .. meeting and be heard PERSONALLY KNOWN t 0R with respect to the pro - PERSONALLY Posed. Any person who L; decides to appeal any de- cision made by the City PRODUCED IDENTIFICATION commission with respect to any matter considered at this hearing will need a record of the proceedings and for such purpose may need to ensure that a ver- batim record of the pro- t: ceedings is made, which record Includes the testi- mony and evidence upon which the appeal Is to be based. In accordance with the American with Dlsabili ties Act, persons needing as- sistance to participate In any of the proceedings should contact Charlene Johnson, City Clerk, 100 'West Dania Beach eoule- vard Dania Beach,Florida 33064, (954) 924-3622 at least 48 hours prior to the meeting. /s/Charlene Johnson, CMC,City Clerk August 15,2003 NOTICE OF HEARING BEFORE CITY COMMISSION CITY OF DANIA BEACH, FLORIDA, REGARDING ADOPTION OF THE FOLLOWING PROPOSED ORDINANCES: NOTICE IS HEREBY GIVEN that the City Commission of the City of Dania Beach, Florida, on August 26, 2003, at 7:00 p.m. or as soon thereafter as the matter may be heard, will conduct a public hearing in the City Commission Chambers of the Dania Beach City Hall, 100 West Dania Beach Boulevard, Dania Beach, Florida to consider the proposed adoption of the following Ordinances entitled: AN ORDINANCE OF THE CITY OF DANIA BEACH, FLORIDA, RELATING TO STORMWATER MANAGEMENT; PROVIDING REVISIONS TO ARTICLE VIII (ENTITLED "STORMWATER MANAGEMENT") TO UPDATE CODE PROVISIONS APPLICABLE TO THE MANAGEMENT OF STORMWATER AND TO STORMWATER ASSESSMENTS; CREATING NEW DEFINITIONS AND PROVIDING FOR CLARIFICATION OF CODE PROVISIONS; PROVIDING FOR SEVERANCE; PROVIDING FOR CONFLICTS; FURTHER, PROVIDING FOR AN EFFECTIVE DATE. AN ORDINANCE OF THE CITY OF DANIA BEACH, FLORIDA, PERTAINING TO THE QUALIFICATIONS FOR, AND AN EMPLOYMENT CONTRACT WITH, A CITY MANAGER OF THE CITY OF DANIA BEACH; AMENDING SECTIONS 1 ("APPOINTMENT, QUALIFICATIONS AND COMPENSATION") AND 3 ("RIGHT OF CITY TO ENTER INTO CONTRACT OF EMPLOYMENT") OF ARTICLE 3 ("CITY MANAGER") OF PART III ("ADMINISTRATIVE OFFICERS AND DEPARTMENTS") OF THE CITY CHARTER TO PROVIDE FOR NEW EDUCATIONAL AND OTHER MINIMUM REQUIREMENTS AND QUALIFICATIONS (SECTION 1) AND TO SPECIFY NEW PROVISIONS APPLICABLE TO CITY MANAGER CONTRACTS (SECTION 3); PROVIDING FOR SEVERANCE; PROVIDING FOR CONFLICTS; FURTHER, PROVIDING FOR AN EFFECTIVE DATE. Copies of these proposed Ordinances are on file in the Office of the City Clerk, City Hall, 100 West Dania Beach Boulevard, Dania Beach, Florida, and may be inspected by the public during normal working hours. Interested parties may appear at the aforesaid meeting and be heard with respect to the proposed. Any person who decides to appeal any decision made by the City Commission with respect to any matter considered at this hearing will need a record of the proceedings and for such purpose may need to ensure that a verbatim record of the proceedings is made, which record includes the testimony and evidence upon which the appeal is to be based. In accordance with the American with Disabilities Act, persons needing assistance to participate in any of the proceedings should contact Charlene Johnson, City Clerk, 100 West Dania Beach Boulevard, Dania Beach, Florida 33004, (954) 924-3622 at least 48 hours prior to the meeting. /s/Charlene Johnson, CMC City Clerk Run in Sun Sentinel: August 15, 2003