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Home My WebLink AboutO-2004-030 Stormwater AssessmentsORDINANCE NO. 2004-030 AN ORDINANCE OF THE CITY OF DANIA BEACH, FLORIDA, RELATING TO STORMWATER MANAGEMENT; PROVIDING REVISIONS TO ARTICLE Vill (ENTITLED "STORMWATER MANAGEMENT") TO UPDATE CODE PROVISIONS APPLICABLE TO THE MANAGEMENT OF STORMWATER AND TO STORMWATER ASSESSMENTS; CREATING A NEW DEFINITION 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 Vill (entitled "Stormwater Management") of Chapter 27 (entitled "Water and Sewer") of the City Code of Ordinances are amended to read as follows: 0 DIVISION 1. GENERALLY Sec. 27-211. Definitions. 0 0 EFFECTIVE ERU means the total ERUs associated with a -group of related condominium parcels shall be calculated by multiplying the imperviousness ratio factor by the gross number of ERUs for the entire group of related condominium parcels. To develop the "effective ERU" value for each condominium in the related condominium arour). the total "effective ERUs" shall be divided by the total number of condominium units. a DIVISION 3. STORMWATER ASSESSMENTS Sec. 27-231. Authorization. The city commission is hereby authorized against all properties located within the city to fund service cost in accordance with the burden the system. to impose stormwater assessments all or any portion of the stormwater property places on the stormwater ORDINANCE NO.2004-030 (1) The stormwater service cost shall be assessed against all parcels of property within the city at a rate of assessment based upon the special benefit accruing to such property from the city's provision of stormwater management services, measured by the number of ERUs attributable to each parcel or classification of property. Notwithstanding the foregoing, if it is specifically determined by the city commission that any 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. (2) Stormwater assessments shall be payable annually and shall be computed as for each parcel of 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 ERUs attributable to such parcel. For commercial and residential condominium units, Effective ERUs will be utilized. (3) Where the data is insufficient to compute each parcel of property's share of all or any portion of the stormwater service cost to be funded from proceeds of the stormwater assessment, the use of averaging data for like kind parcels is permitted when calculated by a Professional Engineer retained by the CitV. (4) The City may modify or adiust specific parcel ERU values to reflect the parcel -specific findings by a Professional Engineer retained by the CitV, in order that equitable assessment charges be applied to all eligible properties within the_Qi!)L (5) The City may charge a site inspection fee for the purpose of verifying a parcel's eligibility for annual renewal of its mitigation credit. Optionally, allow the parcel owner to submit a signed and sealed statement of a Professional Engineer, demonstratingtothe satisfaction of City Engineering staff, that the parcel's mitigation facility is operating in substantial compliance with it's design criteria. 0 Section 2. That except as amended above, all other provisions of Article Vill 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. 2 ORMNANCE NO.2004-030 11 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 September 14, 2004. PASSED AND ADOPTED on second reading on September 28, 2004. AT -TEST: 4�e) LOUISE STILSON CITY CLERK t-K. MtLEYW MAYOR — COMMISSIONER ROLL CALL: COMMISSIONER ANTON - YES COMMISSIONER CHUNN - YES COMMISSIONER FLURY - YES VICE -MAYOR MIKES - YES MAYOR MCELYEA - YES APPROVED AS TO 0 AND CORRECTNESS: T ArBY: rq " THOMAS J. LAWSI�RO CITY`A/TTORNEY 3 ORDINANCE NO.2004-030 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 September 28, 2004, 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 Vill (ENTITLED "STORMWATER MANAGEMENT") TO UPDATE CODE PROVISIONS APPLICABLE TO THE MANAGEMENT OF STORMWATER AND TO STORMWATER ASSESSMENTS; CREATING A NEW DEFINITION AND PROVIDING FOR CLARIFICATION OF CODE PROVISIONS; PROVIDING FOR SEVERANCE; PROVIDING FOR CONFLICTS; FURTHER, PROVIDING FOR AN EFFECTIVE DATE. AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DANIA BEACH, FLORIDA, APPROVING EXECUTION OF A LEASE AGREEMENT AND RELATED DOCUMENTS BETWEEN THE CITY AND HARBOUR TOWNE ASSOCIATES, A CALIFORNIA GENERAL PARTNERSHIP PERTAINING TO PROPERTY OWNED BY THE CITY AND COMMONLY KNOWN AS THE HARBOUR TOWNE MARINA PROPERTY; AUTHORIZING AND DIRECTING THE EXECUTION OF THE LEASE BY THE APPROPRIATE CITY OFFICIALS; PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY; FURTHER, PROVIDING FOR AN EFFECTIVE DATE. Copies of the 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 Louise Stilson, City Clerk, 100 West Dania Beach Boulevard, Dania Beach, Florida 33004, (954) 924-3622 at least 48 hours prior to the meeting. /s/ Louise Stilson City Clerk Run in Sun Sentinel: September 17, 2004