Ordinance No. 80-90-43 v ORDINANCE 80-90-43
AN ORDINANCE AMENDING THE CODE OF ORDINANCES
OF THE CITY OF ATLANTIC BEACH, AMENDING
CHAPTER 22 , UTILITIES, ADDING NEW ARTICLE IV TO
ESTABLISH A STORMWATER MANAGEMENT UTILITY PROGRAM
TO PROVIDE GENERAL PROVISIONS, DEFINE THE CUSTOMER
BASE, CREATE AN ENTERPRISE FUND, PROVIDE FOR
BILLING AND COLLECTION, DEFINE SEVERABILITY,
PROVIDING AN EFFECTIVE DATE.
1 . 0 GENERAL PROVISIONS
1 . 1 Short Title:
This ordinance shall be known and may be cited as
the STORMWATER MANAGEMENT UTILITY ordinance of the
City of Atlantic Beach.
1 .2 Findings of Fact:
It is hereby found, determined, and declared as
follows :
(a) The City of Atlantic Beach maintains a system
management facilities, including but not
limited to inlets, conduits, manholes,
channels, ditches, drainage easements,
retention and detention basins, infiltration
facilities, and other components as well as
natural waterways .
(b) Those elements of the Atlantic Beach storm
and surface water management system that
provide for the collection, storage, treat-
ment and conveyance of stormwater are of
benefit and provide services to all developed
property within Atlantic Beach.
(c) The cost of operating and maintaining the
stormwater management system and the financ-
ing of existing and future repairs, replace-
ments, improvements, and extensions thereof
should, to the extent practicable, be
allocated in relationship to the benefits
enjoyed and services received therefrom.
(d) The stormwater management system has received
inadequate maintenance, and thus rehabilita-
tion and replacement may be required.
(e) Water quality is degrading because of erosion and the discharge of nutrients,
metals, oil, grease, and other substances into and through the stormwater
system.
(f) The public health, safety, and welfare is adversely affected by poor water
quality and flooding resulting from inadequate stormwater management
practices.
(g) Real property either uses or benefits from the presence and operation of the
stormwater management system.
(h) Use of the stormwater management system is dependent on factors that
influence runoff including land use and impervious area.
(i) Florida local governments have authority to establish a stormwater utility
pursuant to the home rule powers provided in the Florida Constitution and
Chapter 166 and Section 403.0893 of the Florida Statutes.
(j) The Florida Legislature, through the adoption of Section 403.0893 of the
Florida Statutes, specifically authorizes and encourages local governments to
provide stormwater management services as a utility function for which
service charges may be levied.
(k) New and dedicated funding for the stormwater management program of
Atlantic Beach is needed, and the levy of a stormwater utility fee is the
most equitable method of providing this funding.
(1) The federal Clean Water Act (33 USC 1251 et. seq.) and implementing
regulations to be adopted by the federal Environmental Protection Agency
(EPA) will require permitting of certain municipal separate stormwater
systems to ensure that minimum water quality standards are met.
(m) The cost of meeting federal EPA permitting standards is unknown at this
time but could be substantial.
(n) The establishment of a stormwater management utility now will mitigate the
impact of costs associated with the adoption of municipal separate
stormwater systems permitting standards by the federal EPA.
(o) Adoption of a stormwater management utility program will generate
revenues needed to implement the level of service (LOS) standards
contained in the Atlantic Beach comprehensive plan drainage element and
the capital improvement element adopted in conformance with the
requirements of Chapter 163 Florida Statutes.
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1.3 Definitions:
Unless specifically defined below, words or phrases shall be interpreted so as to
give them the meaning they have in common usage and to give this ordinance its
most effective application. Unless specifically intended otherwise, words used in the
singular shall include the plural and the plural the singular, words used in the
present tense shall include the future tense. The word "shall" connotes mandatory
and not discretionary; the word "may" is permissive.
(a) City shall mean the City of Atlantic Beach including staff and elected
officials.
(b) Drainage area shall mean the watershed area contributing surface water
runoff to the Atlantic Beach stormwater management system.
(c) Impervious area means any part of any parcel of land that has been
modified by the action of persons to reduce the land's natural ability to
absorb and hold rainfall. This includes areas that have been cleared, graded,
paved, graveled or compacted, or covered with structures. All lawns,
landscape areas, and gardens or farming areas are excluded.
(d) Manager shall mean the Atlantic Beach City Manager or designee.
(e) Stormwater management master plan shall mean a plan for receiving,
handling, and transporting storm and surface waters within the City
stormwater management system.
(f) Stormwater means that part of the precipitation that travels over natural,
altered, or improved surfaces to the nearest stream channel or impoundment;
and that which appears in surface waters.
(g) Stormwater management system shall include all natural and man-made
_ elements used to convey stormwater from the first point of impact with the
surface of the earth to a suitable outlet location internal or external to the
boundaries of the City. The stormwater management system includes all
pipes, channels, streams, ditches, wetlands, sinkholes, detention/ retention
basins, ponds, and other stormwater conveyance and treatment facilities
whether public or private.
1.4 Relationship to Comprehensive Plan:
This ordinance implements the following goal,and objective of the City
Comprehensive Plan:
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GOAL: Adequate stormwater drainage will be provided to afford protection from
flooding and to prevent degradation of quality of receiving waters.
OBJECTIVE: The City shall identify existing drainage facility deficiencies and
correct them through provision of an efficient drainage system which will protect
life, property and the natural environment at a cost consistent with the public
welfare.
2.0 UTILITY ESTABLISHED
There is hereby created and established a stormwater management utility, which shall be the
operational means of implementing and otherwise carrying out the functional requirements of
the stormwater management system. The SMU shall be responsible for the City stormwater
management system and shall have equal status with the other utility services provided by the
City.
2.1 Directors
Directors of the stormwater management utility shall be members of the City
Commission.
2.2 Duties and Powers
The stormwater management utility shall have all powers necessary for the exercise
of its responsibility for the drainage from all properties within the City including,
but not limited to the following:
(1) Preparation of plans for improvements and betterments to the stormwater
management system.
(2) Construction of improvements and betterments to the stormwater
management system.
(3) Promulgation of regulations for the use of the stormwater management
system, including provisions for enforcement of said regulations.
(4) Performance of routine maintenance and minor improvement to the
stormwater management system.
(5) Establishment of individual utility fees for the connection and use of the
stormwater management system.
(6) Evaluation of water quality concerns for discharges to the stormwater
management system.
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(7) Performance of all normal utility functions to include construction,
operation, and maintenance of the City's stormwater management system
including, but not limited to, hiring of staff, the selection of special
consultants, the entering into contracts for services the purchase of lands and
construction of facilities, and the handling of purchase, lease, sale or other
rights to property for the stormwater management system.
(8) Issuance of revenue bonds for the purpose of performing those duties as
described herein.
3.0 CUSTOMER BASE
The owners of all real property within the jurisdictional boundaries of the City contributing
stormwater runoff to and/or benefitting from the stormwater management system shall pay
utility fees as established by separate ordinance. Base fees shall apply to all properties within
the City, including those properties classified as non-profit or tax-exempt for ad valorem tax
purposes. It shall apply to all government properties, including properties of the City.
4.0 ENTERPRISE FUND
A stormwater management utility trust fund, into which all revenues from user fees,
connection charges, grants, or other funding sources shall be deposited and from which all
expenditures related to the SMU shall be paid, is hereby established. Accounting and
reporting procedures shall be consistent with State law and reported annually to the City
Commission by the City Manager or designee. Expenditures from the fund for activities that
are not related to the City's stormwater management utility shall not be permitted, except for
a pro-rated charge for general City government services as is in effect for all other City utility
operations.
5.0 BILLING AND COLLECTION
The method for billing and collecting stormwater utility fees shall be the existing City utility
billing system.
6.0 SEVERABILITY
If any section, sentence, clause, or phrase of this ordinance is held to be invalid or
unconstitutional by any court of competent jurisdiction, then said holding shall in no way
affect the validity of the remaining portions of this ordinance. All ordinances or parts of
ordinances in conflict herewith are to the extent of such conflict hereby repealed.
7 .0 EFFECTIVE DATE
This Ordinance shall take effect immediately upon
its final passage and adoption.
PASSED by the City Commission on first reading,
this 25th day of March , 1991 .
PASSED by the City Commiss ' . • on final readin• ,
this 8th day of April , 1991
A A
WILL' AM I. U L Z:i , JR.
Mayor110
Approved as to form and correctness:
AN C. J '' N
City Atte ney
ATTES T:
MAU EEN KING Jj �
City Clerk
Note: This ordinance was approved on first reading on
November 12 , 1990 , and defeated on second reading on
December 13 , 1990 , and has been brought back for
consideration as requested at the Commission meeting
of March 11 , 1991 .