Item #08 Amend to CH. 150 - 1st Reading
AGENDA ITEM COVER SHEET
Meeting Date: January 3, 2006
Item # g
Contact Name:
Contact Number:
Tonya Elliott
6003
Reviewed By: ~
Department Director:. .. ___
City Manager: --=== ~
SubJect:.Arnendm~ntsto Chapter 150 of the City Codes. Relating to Stormwater
Marlagement-1stReading
Background Summary:
At the City Commission November 28, 2005 stormwater work shop, staff recommended amending the existing Stormwater
Ordinance to add or modify the category of properties subject to stormwater fee, adopting a new fee structure, and placing the
stormwater fees on the Orange County tax roll.
As the extended deadline to submit all required information to the Orange County is March 1, 2006; staff has prepared the
necessary amendments to Chapter 150 of the City's Codes relating to stormwater management. In summary, the Ordinance will
amend (1) defmitions, (2) modify and expand property categories, (3) modify fee structure, (4) enables the City to set fees by City
Commission resolution, and (5) enables the City to place the stormwater fees on the annual County tax rolls.
The property categories subject to a stormwater fee are modified and expanded to include residential category with four (4) distinct
classes based upon the gross square footage (Category A), residential condominiums (Category B), developed non-residential
properties (Category C), and vacant land (Category D).
Issue:
Should the City Commission approve the amendments to Chapter 150 of the City Code relating to
Stormwater Management?
Recommendations
Staff respectfully requests that City Commission approve the amendments to Chapter 150 of the City Code relating
to Stormwater Management
Attachments:
City Ordinance and amended Chapter 150 City Codes
Financial Impact:
n/a
Type of Item:
o Public Hearing
[gJ Ordinance First Reading
o Ordinance First Reading
o Resolution
o Commission Approval
o Discussion & Direction
Original Document/Contract Attached for Execution by City Clerk
Original Document/Contract Held by Department for Execution
For Clerk's Deot Use:
o Consent Agenda
[gJ Public Hearing
o Regular Agenda
o
o
Reviewed by City Attorney
Reviewed by Finance Dept.
Reviewed by ( )
o N/A
IZI N/A
o N/A
City Manager
Robert Frank
Commissioners
Garv Hood, District 1
Scott Anderson, District 2
Rustv Johnson, District 3
Nancv J. Parker. District 4
Mavor
S. Scott Vander.grift
STAFF REPORT
TO:
The Honorable Mayor and City Commissioners
FROM:
Robert Zaitooni, Director of Public Works
DATE:
December 27, 2005
RE:
Ordinance Amending Chapter 150 of the City Codes Relating to Stormwater Management
- 1st Reading
ISSUE
Should the City Commission approve the amendments to Chapter 150 of the City Code relating to Stormwater
Management?
BACKGROUNDIDISCUSSION
At the City Commission November 28, 2005 stormwater work shop, staff recommended amending the existing
Stormwater Ordinance to add or modify the category of properties subject to stormwater fee, adopting a new fee
structure, and placing the stormwater fees on the Orange County tax roll.
As the extended deadline to submit all required information to the Orange County is March 1, 2006; staff has
prepared the necessary amendments to Chapter 150 of the City's Codes relating to stormwater management. In
summary, the Ordinance will amend (1) definitions, (2) modify and expand property categories, (3) modify fee
structure, (4) enables the City to set fees by City Commission resolution, and (5) enables the City to place the
stormwater fees on the annual County tax rolls.
The property categories subject to a stormwater fee are modified and expanded to include residential category
with four (4) distinct classes based upon the gross square footage (Category A), residential condominiums
(Category B), developed non-residential properties (Category C), and vacant land (Category D).
Copies of the Ordinance and amended Chapter 150 are attached.
RECOMMENDATION
Staff respectfully requests that City Commission approve Ordinance amending Chapter 150 of the City Code
relating to Stormwater Management
ORDINANCE NO. 2006-
AN ORDINANCE OF THE CITY OF OCOEE, FLORIDA, AMENDING AND
RESTATING ARTICLE I OF CHAPTER 150 OF THE CODE OF ORDINANCES
OF THE CITY OF OCOEE REGARDING THE CITY'S STORMWATER
MANAGEMENT UTILITY SYSTEM; AMENDING DEFINITIONS; AMENDING
THE CATEGORIES OF PROPERTY TO WHicH STORMWATER UTILITY
FEES APPLY; DELETING THE SCHEDULE OF RATES; PROVIDING FOR
ADOPTION OF THE STORMWATER UTILITY FEE BY RESOLUTION OF
THE CITY COMMISSION; AUTHORIZING THE USE OF THE UNIFORM
METHOD OF COLLECTION OF NON-AD VALOREM ASSESSMENTS FOR
STORMWATER UTILITY FEES; AMENDING THE POWERS AND DUTIES OF
THE CITY ENGINEER AND PUBLIC WORKS DIRECTOR; PROVIDING FOR
SEVERABILITY; PROVIDING FOR CODIFICATION; PROVIDING AN
EFFECTIVE DATE.
WHEREAS, the City Commission of the City of Ocoee desires to amend Article
I of Chapter 150 of the Code of Ordinances of the City of Ocoee (Stormwater
Management Utility System).
NOW, THEREFORE, BE IT ENACTED BY THE CITY COMMISSION OF
THE CITY OF OCOEE, FLORIDA AS FOLLOWS:
SECTION ONE. Authority. The City Commission of the City of Ocoee has the
authority to adopt this Ordinance pursuant to Article VIII of the Constitution of the State
of Florida and Chapter 166, Florida Statutes, and Section 403.0893, Florida Statutes.
SECTION TWO. Amended and Restated Article I of Chapter 150. Article I of
Chapter 150 of the Code of Ordinances of the City of Ocoee, Florida, is hereby amended
to read as follows:
See Exhibit"lt'attached hereto, and by this reference made
a part hereof
SECTION THREE. Severability. If any section, subsection, sentence, clause, phrase,
or portion of this Ordinance is for any reason held invalid or unconstitutional by any
court of competent jurisdiction, such portion shall be deemed a separate, distinct, and
independent provision and such holding shall not affect the validity of the remaining
portion hereto.
SECTION FOUR. Codification. It is the intention of the City Commission of the City
that the provisions of this ordinance shall become and be made a part of the Code of
Ordinances of the City; and that sections of this ordinance may be renumbered or re-
lettered and the word "ordinance" may be changed to "chapter," "section," "article," or
such other appropriate word or phrase in order to accomplish such intentions; and
regardless of whether such inclusion in the code is accomplished, sections of this
ORLA_397822.1
ordinance may be renumbered or re-Iettered and the correction of typographical errors
which do not affect the intent maybe authorized by the City Manager, without need of
public hearing, by filing a corrected or re-codified copy of same with the City Clerk.
SECTION FIVE. Effective Date. This Ordinance shall become effective immediately
upon passage and adoption.
PASSED AND ADOPTED this _ day of
2006.
APPROVED:
ATTEST:
CITY OF OCOEE, FLORIDA
Beth Eikenberry, City Clerk
S. Scott Vandergrift, Mayor
(SEAL)
FOR USE AND RELIANCE ONLY BY
mE CITY OF OCOEE, FLORIDA;
APPROVED AS TO FORM AND
LEGALITY THIS _ DAY OF
, 2006
ADVERTISED AND
READ FIRST TIME , 2006.
READ SECOND TIME AND ADOPTED
, 2006 UNDER
AGENDA ITEM NO.
FOLEY & LARDNER LLP
By:
City Attorney
ORLA_397822.1
EXHIBIT" A" TO ORDINANCE NO. 2006-
ARTICLE L STORMW A TER MANAGEMENT UTILITY SYSTEM
i 150-1. Title.
This article shall be known and may be cited as the "Stormwater Management Utility System
Article. "
i 150-2. Authority.
The city is authorized by the Florida Constitution and the provisions of Chapter 166 of the
Florida Statutes and Section 403.0893 of the Florida Statutes to construct, reconstruct, improve
and extend stormwater utility systems and to issue revenue bonds and other debts if needed to
finance, in whole or in 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.
i 150-3. Findings and determinations.
It is hereby found, determined and declared as follows:
A. Those elements of the stormwater management utility system which provide for the
collection of and disposal of storm and surface water and the 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.
B. The cost of operating and maintaining the city stonnwater management utility system and
financing necessary repairs, replacements, improvements and extensions thereof should, to the
extent practicable, be allocated in relationship to the benefits enjoyed and services received
therefrom.
C. It is the intent of this article to establish stormwater management as a city utility and to
establish a program of user charges and fees for stormwater management services, which charges
and fees are to be levied against all developed property within the city to accomplish the
purposes of such utility.
i 150-4. Definitions.
The following words when used herein shall have the meanings indicated, unless the context
clearly indicates otherwise:
CITY UTILITIES -- Water, sewer, garbage, trash and/or stormwater utility services available to
lands located in the city.
DEVELOPED PROPERTY or DEVELOPED LOT OR PARCEL -- That property which has
been altered from its natural state by the addition of any improvements, such as a building,
ORLA_397963.1
structure, impervious surface, a change of grade or landscaping. For billing purposes related to
new construction, a parcel or lot shall be considered to be developed pursuant to this chapter
only upon the earlier of the following:
A. The issuance of a certificate of occupancy or upon completion of construction or final
inspection, if no such certificate is issued, or
B. The completion of at least fifty percent (50%) of the permitted new construction and
when such construction is halted for a period of three (3) months.
DWELLING UNIT -- Any residential space identified for habitation by members of the same
family or as classified by the City Building or Zoning Codes.
EQUIVALENT RESIDENTIAL UNIT or ERU -- The statistical average impervious area, in
square feet, of dwelling units within the City of Ocoee. In the city an "ERU" equals two
thousand fifty-four (2,054) square feet. Such measure provides the basis for comparing the
runoff generated by onc (I) parccl '.vith that gcnerated by another Category C Prooerty with
Category A PropertJ'.
IMPERVIOUS AREA or IMPERVIOUS SURFACE -- Any part of any lot or parcel of land that
has been modified by the action of persons to reduce the land's natural ability to absorb and hold
rainfall, including areas which have been cleared, graded, paved, graveled or compacted or
covered with structures or retention areas; provided, however, that all lawns, landscape areas,
gardens, farming areas, public roadways and private roadways serving residential or commercial
subdivisions shall be excluded from the definition of "impervious area."
NONRESIDENTIAL PROPERTY Any dcveloped lot or parcel ofland not included within thc
definition of residential property. "Nonresidential property" shall include transient rentals, such
as hotels and motels and tax cxcmpt religious, educational, institutional, commercial and
industrial properties. "Nonresidential property" shall also include all properties owncd by
governmcntal entities, including thc city, exccpt for public roadways and appurtenances related
thercto.
RESIDENTIAL PROPERTY Any lot or parcel of land developed cxclusively for residential
purposcs, including sin;;le family homes, condominiums, manufacturcd homcs, town homes,
duplexes, apartment buildings and other multifamily structurcs; provided, hmvever, that
retirement and publicly assisted housing complexcs providing on sitc health care scr','ices arc
cxcluded from this dcfinition.
VACANT PROPERTY OR UNDEVELOPED PROPERTY -- That oropertv which has no
buildings. structures or imorovements.
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~ 150-5. Utility fee.
A Imposition.
( 1 ) A stormwater utility fee is hereby imposed upon each developed lot and parcel 91
land. whether developed or undevelooed. within the city for services and facilities provided by
the stormwater management system. For purposes of imposing the stormwater utility fee, all
developed lots and parcels within the city are classified into the following t-wtrfgur (~)
customer categories:
(a) Residential property.
(b) Nonresidential property.
(aL Cate!wry A: Category A Propertv shall mean Developed Propertv used for the
following ourooses: Single-familv residential. townhomes. mobile homes. manufactured home.
duplexes and triplexes. Category A Prooertv shall be further subdivided into the following
classes:
(i) Class 1: Do to 1199 S.F. ofimoervious su~
(ii) Class 2: Between 1200 to 1999 S. P. of impervious surface
(iii) Class 3: Between 2000 to 2999 S.P. of impervious surface
(iYLClass 4: 3000 and over S.F. of impervious surface
(b) Cate2:orv B: Cate~o~ Prooerty shall mean Developed Propertv used as
residential condominilJlllS."
( c) Cate1#orv C: Cate~orv C Property shall mean Develooed Prooerty used for the
followin~ OUIl1oses: Commercial. industrial->-professional. office. mixed-use develooment.
fourplexes. aoartments, and any other use not included within Cate~ory A Property ocCate-IDLr:x
B ProoellX~
(d)
Prooerty,
Cate2:ory D: Cate~ory D Prooerty shall mean Vacant Land or Undeveloped
(2) The City Manager or his designee is directed to prepare a list of developed lots
and parcels within the city and assign a categorv and classification of residential or
nonresidential to to each such lot or parcel. The City Manager or his designee shall update such
Jist each calendar year in order to reflect chan~es to any lot o[j)arcel of land. Once a Darcel or
lot is classified as required above. its designation will remain in effect for the calendar vear.
regardless of any change to the nature or use of the oaKd..o.r lot within the calendar year. Lands
annexed into the citv will be classified bv the City Mana~er or his designee following annexation
into the city and will become subiect to payment of the stormwater utility fee following such
annexation.
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B. There is hereby established the following uniform schedule for calculating charges and
fees for the services and facilities of the stormwater management system by the owner, tenant or
occupant of the developed property using the services and facilities of such system:
(1) Rcsidential. Each residential propcrty shall bc billed a flat fee based upon one (I)
ERU multiplied by the number of individual dVielling units cxisting on such property.
Residential. Catef:!:orv A Property: The fee imoosed for Catelt!orv A Propertv shall be a flat fee
oer dwellim! unit on such orooerty based upon its class. as defined in oaral!raoh A( 1 )( a) above.
(2) Catel!orv B: The fee imoosed for Cat~ory B Prooerty shall be a flat fee oer
dwellinl! unit on such oropertv.
(2) Nonresidential. The fee imposed for nonresidcntial properties as defined hcrein
shall bc based on the numbcr of ERU's '.vhich shall be dctcrmined for cach nonresidcntial
property on the basis of the impcrvious area on such property. The number of ERU's for each
nonresidential property shall bc calculated in accordance '.'lith the following formula; provided,
ho'.vever, that each nonresidential property shall be billcd based upon a minimum of one (I)
ERl:}-
(3) Catel!orv C Prooertv: The fee imoosed for Catel!orv C Prooertv shall be based on
the number of ERUs calculated in accordance with the following formula: orovided. howeveL
that each C Prooertv shall be billed hased uoon a minimum of one (1) ERU:
Impervious Area (square feet)
Number of ERU' s
=
2,054 square feet
(4) Catelt!ory D: The fee imposed for Catel!orv D Propertv shall be based on ~
acre basis for the total number of acres. or portion thereof, of each lot or Darcel.
For propcrty classified as nonrcsidential and developed as a commercial condominium, thc total
bill for such property shall be divided among the commercial condominium units with each such
unit bein; assigned a pro rata share of the total impcrvious area for the entire nonresidcntial
property; provided, howcyer, that each such commercial condominium unit shall be billed based
upon a minimum of one ( 1) ERU The number of ERU's calculatcd in accordance with thc abo','c
formula shall be rounded to the nearcst one tenth ( 1/ 1 0) of an ERU
~ 150-6. Schedule of rates.
A. The stormwatcr utility fee shall bc charged at the rate of four dollars and fifty cents ($4.50)
per month for each ERU Effective October I, 1998, the stonmvater utility fee shall be charged
at a rate offivc dollars ($5.) per month for cach ERU The number ofERU's applicablc to cach
developed lot or parcel shall bc calculated in accordancc with thc provisions of ~ 150 5 hereof.
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ORLA_397963.1
Commencing in 1999 and each year thereafter, the City Commission shall annually revievl the
rates established by this section in order to make such re'lisions as are necessary to reasonably
cover the cost of pro'.'iding stormwater management services. Stormwater utilitv rates for each
categ:orv and class shall be established by the City Commission by resolution adopted aft~
oublic hearing: oreceded bv at least seven davs' written notice of the hearing: and the proposed
action by publication in a newspaoer of ~eneral circulation in the City of Ocoee. The resolution
may provided that the new rate be retroactive to the beg:innin~ of the billing: oeriod in which the
resolution is oassed:
B. Stormwater utility rates in effect on Januarv 1. 2006 will remainjn effect until such time
that the City Commission adopts a new rate resolution establishing new rates and the rates
adooted pursuant to such resolution becomes effective. Further. until such new rate resolution is
adooted. all parcels and lot~ithin the citv shall oay a stormwater fee b~on its customer class
existing: orior to Janua~J. 2006.
~ 150-7. Billing and collection of fees.
A. The stormwater utility fee shall be billed and collected with the monthly utility bill for
those dcvcloped lots or parcels utilizing city utilities. The stormwater utility fee shall be billed
and collected separately for those developed lots or parcels and owners thereof not utilizing other
city utilities.
B. For each single family or mobile home residential unit Cate~orv A Prooertv, the bill
shall be sent to the account holder of the individual water meter, or if there is no individual water
meter then to the property owner. For each multifamily residential unit Cate~orv B Property and
Categ:orv C Propertv, the bill shall be sent to the account holder of the individual water meter, or
if there is no individual meter, then the total bill shall be sent to the account holder of the master
meter '.vho shall be rcsponsible for payment thcreof For nonresidential property, the bill shall be
sent to the account holder of the individual water meter, or if there is no individual meter, then
the total bill shall be sent to the account holder of the master meter, or if there is no master meter,
then to the property owner. For CategorY D Property---1he bill shall be sent to the orooerty owner.
C. All bills for stormwater utility fees shall be rendered monthly and shall be payable at the
same time and in the same manner and subject to the same penalties as utility bills of the city
under the terms and conditions of the Code of the city. The stormwater utility fee is part of a
consolidated statement for utility customers which is generally paid by a single payment. In the
event that a partial payment is received, the payment shall first be applied to garbage and trash,
next applied to stormwater management, next applied to sewer and finally applied to the water
account.
D. In addition to any other remedies or penalties provided by this chapter or any other
ordinance of the city, failure of any user of city utilities within the city to pay said stormwater
utility fees promptly when due shall subject such user to discontinuance of water and sewer
utility services, and the City Manager is hereby empowered and directed to enforce this
provision as to any and all delinquent users.
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ORLA_397963.1
E. In the case that an occupant-Bf", tenant or oerson other than the owner of any dcveloped
lot or parcel shall receive a stormwater utility bill pursuant to this chapter and shall fail to pay
such bill, then the owner of such dcvelopcd lot or parcel shall be liable for such bill, and the city
shall not be required to look to any person whatsoever other than the owner for the payment of
such bill. In the event that any stormwater utility bill shall not be paid as and when due, any
unpaid balance thereof, along with all interest accruing thereon, shall be and constitute a lien on
any lot or parcel affected thereby. The city may record in the public records of Orange County,
Florida, a notice of lien giving notice to all persons that the city is asserting a lien upon the
affected lot or parcel. In the event that any such utility fee shall not be paid as and when due and
shall be in default for thirty (30) days or more, the unpaid balance thereof and all interest accrued
thereon, together with the costs of collection, including but not limited to attorneys' fees and
costs, may be recovered by the city in a civil action, and any such lien, accrued interest and any
additional costs may be foreclosed or otherwise enforced by the city by action or suit in equity as
for the foreclosure ofa mortgage on real property.
F. The city may update the billing for the stormwater utility fee to the owner, tenant or
occupant of developed property any lot or parcel whenever the City Engineer city determines
that such owner, tenant or occupant has been underbiIled or has not been sent a bill for
stormwater utility fees as provided by this chapter Chapter; provided, however, that the city may
not bill for any period greater than twelve (12) months from the date the City Engineer Manager
or his designee notifies such owner, tenant or occupant of such underbilling or nonbilling. In any
event, the owner, tenant or occupant may amortize the payments of the amount due up to the
same period for which the city issued the updated bill not to exceed twelve (12) months.
S 150-7.1 Alternative Method of Billin!! and Collection of Fees
A. As an alternative to the monthly billing of the stormwater utilitv fees as they are from
time-to-time established by resolution oursuant to the provisions of this chaoter. the city mav
utilize the uniform method for levy. collection. and enfuLcement of non-ad valorem assessments
as orovided in Section 197.3632. Florida Statutes. for such stormwater utility fees.
B. In the event that the city utilizes the uniform method for the leVY. collection. and
enforcement of non-ad valorem assessments_ for the collection of stormwater utilitv fees the cit)'
shall continue to use the other billing and collection methods provided in this Chapter for the
billing and collection of stormwater fe~ that are not included on the assessment roll adooted
Qursuant to Ch~r 197. Flm:ida Statutes.
~ 150-8. City Engineer; Director of Public Works; powers and duties.
A. The City Engineer and Public Works Director shall iointly have the following powers,
duties and responsibilities with respect to this chapter ChaoU4: and the city's stormwater
management system:
(1) To administer and enforce this chapter and any other appropriate stormwater
related ordinance and support regulations in the operation, maintenance, alteration, repair
and replacement of stormwater management systems, facilities and devices.
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(2) To plan and execute the city's stormwater management program, except for the
performance of routine maintenance and minor improvements to the stormwater
management system.
(3) To plan, design and acquire rights-of-way and easement for and construct capital
projects as approved and funded by the City Commission.
(4) To research, develop and refine experimental and prototypical stormwater
management systems, facilities, devices and techniques.
(5) To inspect public and private systems so as to assure performance and compliance
with all applicable stormwater codes and regulations.
(6) To review and approve all new development permits and all drawings, submittals
and site plans, both public and private, for stormwater management systems, devices and
facilities for adequacy, sufficiency and consistency with all applicable codes and
regulations.
(7) To prepare a Master Stormwater Management Plan. and oropose revisions thereto.
(8) To keep accurate records of all persons using the services and facilities of the
stormwater management system of the city and to make changes in accordance with the
rates and charges established by this chapter.
(9) To determine the impervious area of nonresidential property based on data
supplied by the County Property Appraiser, or if such information is unavailable, then
based on such other data as may be available, including but not limited to data provided
by the property owner, tenant or developer, and to update and revise such determinations
based on any additions to the impervious area as approved through the building permit
process.
(10) To charge and collect stormwater utility fees, fines and penalties; conduct
periodic rate studies so as to maintain an efficient and equitable rate structure; and ensure
a prudent and stable financial base from which to operate.
(11) To advise the City Manager or, consistent with the Charter, other appropriate city
officials on matters concerning stormwater management.
(12) To promulgate rules, practices and procedures necessary for efficient and
effective management of the stormwater management system.
(13) To review and provide necessary programs for compliance with the NPDES
(National Pollutant Discharge Elimination System) municipal separate storm sewer
system (MS4) permit requirements for the city.
7
B. The Director of Public '.Yorks shall have the follov/ing powers, duties and responsibilities
'Nith respect to this chapter and the city's storm'sater management system:
( 14) To plan and execute the performance of routine maintenance and mlllor
improvements to the city's stormwater management system.
(15) To perform acts incidental and/or necessary to the efficient and effective
operation of the stormwater management system.
~ 150-9. Site inspections.
The City Engineer. Public Works Director. and other duly authorized employees of the city
bearing proper credentials and identification shall be permitted to enter all properties tributary to
the city's stormwater management system for the purposes of inspections, observations,
measurement and testing in accordance with the provisions of this chapter Chaoter and any rules
or regulations adopted pursuant hereto.
~ 150-10. Adjustment of fees.
A. Requests for adjustment of the stormwater utility fee shall be submitted to the City
Engineer, who is hereby given the authority to develop and administer the procedures and
standards for the adjustment of fees as established herein. All requests v/ith respect to
nonresidential property shall be judged on the basis of the amount of impervious area on the site.
No credit shall Credit up to twenty oercent (20%) of a oartv's total stormwater fee may be given
for the installation of aooroved stormwater mana2ement facilities required by the city or county
de'.'elopment codes or state \vater management district storm'vVater rules city re2ulations. The
following procedures shall apply to all adjustment requests of the stormwater utility fee:
(1) Any owner, tenant or occupant who has paid his/her stormwater utility fee and
who believes his/her stormwater utility fee to be incorrect may, subject to the limitations
set forth in this chapter, submit an adjustment request to the City Engineer.
(2) Adjustment requests for the stormwater utility fees paid by an owner, tenant or
occupant making the request shall be in writing and shall set forth, in detail, the grounds
upon which relief is sought.
(3) The owner, tenant or occupant requesting the adjustment may be required, at
his/her own cost, to provide supplemental information to the City Engineer, including but
not limited to an independent fee calculation, survey data including the impervious areas,
approved by a registered professional land surveyor and engineering reports approved by
a professional engineer. Failure to provide such information may result in the denial of
the adjustment request.
(4) Adjustments to the stormwater fee will be made upon the granting of the
adjustment request, in writing, by the City Engineer-:- and aooroval thereof bv the Public
Works Director. Denials of adjustment requests shall be made, in writing, by the City Engineer.
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ORLA_397963.1
B. 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, appeal to the City Commission for review of the denial by filing a written notice of .
appeal with the City Clerk. The City Clerk shall schedule the appeal for consideration by the
City Commission within forty-five (45) days from receipt thereof In reviewing appeals, the City
Commission shall apply the standards and criteria for review contained in this section. The
decision of the City Commission on any appeals arising out of this section shall be final.
~ 150-11. Establishment of fund.
All stormwater utility fees collected by the city shall be kept separated from other revenue of the
city and paid into a proprietary fund which is hereby created, to be known as the "Stormwater
Management Fund." Such fund shall be used for the purpose of paying the cost of the stormwater
management facilities to be constructed in the various storm drainage basins, debt service
financing and paying the cost of operation, administration and maintenance of the stormwater
management facilities of the city, including a pro rata charge for general city government
services as in effect for other city utilities. To the extent that the stormwater utility fees collected
are insufficient to construct the needed stormwater management facilities, the costs of the same
may be paid from such city funds as may be determined by the City Commission, but the City
Commission may order the reimbursement of such fund if additional fees are thereafter collected.
When the fund has surplus dollars on hand in excess of current needs, the surplus dollars will be
invested to return the highest yield consistent with proper safeguards and shall be available to be
used exclusively for stormwater management expenditures.
~~ 150-12 through 150-19. (Reserved)
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Count
58
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o
o
o
o
104
ORLA_397963.1