O94-31ORDINANCE NO. O94-,~/
AN ORDINANCE OF THE CITY COMMISSION OF THE
CITY OF BOYNTON BEACH, AMENDING SECTION
26.401 TO PROVIDE FOR INCLUSION OF FUTURE
ANNEXATION OR CONSOLIDATION AREAS;
AMENDING SECTION 26-403 TO PROVIDE FOR AN
EXEMPTION OF VACANT PROPERTIES; AMENDING
SECTION 26-405 REGARDING PROCEDURE FOR
ADJUSTMENT OF FEES; PROVIDING FOR CHANGE
IN RATES AND CHARGES BY ORDINANCE;
AMENDING SECTION 26-408 TO PROVIDE FOR
TRANSFER OF ADMINISTRATIVE COSTS TO THE
GENERAL FUND; PROVIDING FOR CONFLICTS,
SEVE:RABILITY, CODIFICATION AND AN EFFECTIVE
DATE.
WHEREAS, the City Commission has previously adopted Ordinance No.
093-72, establishing stormwater utility fees; and
WHEREAS, after a review of Chapter 26. Article VII. Stormwater Utility Fees
by the City Commission, and upon recommendation of staff, the City Commission
of the City of Boynton Beach deems it in the best interests of the citizens and
residents of the City of Boynton Beach to amend certain sections of Chapter 26.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF
THE CITY OF BOYNTON BEACH, THAT:
Section 1, That Chapter 26. Section 26-401. is hereby amended by adding
the words and figures in underlined type and by deleting the words and figures in
struck-through type, as follows:
Sec. 26-401. Definitions.
For the purpose of this article, the following definitions shall apply;
words used in the singular shall include the plural, and the plural, the
singular;...
Residential property means any lot or parcel existing in the City_ or
in the future annexation reserve area as defined in the City's
Comprehensive Plan developed exclusively for residential purposes
including, but not limited to, single family homes, manufactures
homes, multifamily, apartment buildings and condominiums and
transient rentals such as hotels and motels.
~ That Chapter 26. Section 26-403. is hereby amended by adding
the words and figures in underlined type and by deleting the words and figures in
struck-through type as follows:
Sec. 26-403. Schedule of rates.
(b) The monthly charge per ERU for all improved properties within
the city of Boynton Beach corporate limits shall be one dollar ($1.00).
The City commission may, from time to time, by ~'esoiutio~ ordinance
amend the monthly charge established in this section.
There shall I be no fee for undeveloped property.
Section 3. That Chapter 26. Section 26-405. is hereby amended by adding
the words and figures in underlined type and by deleting the words and figures in
struck-through type, as follows:
Sec. 26-405. Adjustment of fees.
(a) Requests for adjustment of the stormwater management utility fee
shall be submitted through the director, who shall be given authority
to administer the procedures and standards and review criteria for the
adjustment of fees as established herein. All requests shall be
judged on the basis of the amount of impervious area on the site, or
additional/enhanced stormwater facilities.
t~,~ ~, '
,,,~ - :c;=,~:'.~c;. No credit shall be given for the installation
of facilities required by city or county development codes or state
stormwater rules. The following procedures shall apply to all
adjustment requests of the stormwater utility fee:
(4) The owner requesting the adjustment may t:~-r~:iafred;, at his
own'cost, to provide supplemental information to the director
including, but not limited to facts, opinions or engineering services to
substantiate his case..survey da~a ar, d ~,~yh;ee,-;,-,9 i-~Oi-~&.
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Section 4, That Chapter 26. Section 26-407 be amended by adding the
word and figures in underlined type and by deleting the words and figures in struck-
through type, as follows:
Sec. 26-407. Program administration.
It shall be the duty of the director to administer the storm-water utility
program. The director shall keep an accurate record of all persons
using the services and facilities of said stormwater management
utility of the city and make changes in accordance with the rates and
charges established in this chapter or by ,-eso;u~iu~; ordinance.
Section 5. That Chapter 26. Section 26-408. shall be amended by adding
the words and figures in underlined type and by deleting the words and figures in
struck-through type, as follows:
Sec. 26-408. Stormwater utility enterprise fund.
There shall be established a stormwater utility enterprise fund for the
deposit of all fees and charges collected by the stormwater utility.
These funds shall be for the exclusive use of the city's stormwater
management utility including, but not limited to, the following:
(4) Administrative costs associated with the management of the
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stormwater utility fee. A maximum amount of $2,000 may be
transferred to the general fund annually for administrative costs.
Section 6. That each and every other provision of Chapter 26. not herein
specifically amended shall remain in full force and effect as previously enacted.
Section 7.
hereby repealed.
All ordinances or parts of ordinances in conflict herewith are
Section 8. Should any section or provision of this ordinance or any portion
thereof be declared by a court of competent jurisdiction to be invalid, such decision
shall not affect the remainder of this ordinance.
Section 9. Authority is hereby given to codify this Ordinance.
Section 10. This Ordinance shall become effective immediately upon
passage.
FIRST READING this ,_~ day of October, 1994.
SECOND, FINAL READING AND PASSAGE this
1994.
day of October,
ATTEST:
CITY Of BOYNTO~BEACH, FLORIDA
Mayor ~
'~ ~/' Vice M~.~ ~
~] [~3~ ~m~issioner
Storrnwater. Amd.
9/30/94
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