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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. 2 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: 3 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. 4 (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 .