§ 110-369. Stormwater utility fee; rate resolution.

(a)

Pursuant to the provisions of F.S. § 403.0893, a stormwater utility fee is hereby created and imposed on all real property located within the districts 1, 2, 3, 4, and 5 stormwater management system benefit areas for services and facilities provided by the county stormwater management program.

(b)

The stormwater utility fee shall constitute a non-ad-valorem assessment, pursuant to the provisions of F.S. § 403.0893.

(c)

On or before September 15 of each year, the board of county commissioners shall hold a public hearing to adopt a rate resolution. The rate resolution shall stay in effect until such time as a change in the stormwater utility fee or assessment is proposed. On or before September 15 in the year of a proposed rate change, the board shall hold a public hearing to adopt the modified rate resolution for the purposes of imposing the stormwater utility fee or assessment upon the owners of all real property located within the designated stormwater management system benefit areas. Such rate resolution shall incorporate a schedule of rates and classifications of all affected real property in the designated stormwater management system benefit areas.

(d)

On or before September 15 of each year, the board of county commissioners shall adopt a budget for the operation and maintenance of the stormwater management program for the ensuing county fiscal year. The budget shall include funds for the payment of outstanding and anticipated indebtedness, including all reserves necessary in connection with such financing, for the providing of contributions into such reserves as deemed necessary for future capital and land acquisitions and renewal and replacement of existing facilities, for the enforcement and administration of the billing and collection of the annual stormwater utility fees or assessments provided for under the provisions of this article, including the necessary reserves for anticipated delinquent or uncollectible annual stormwater utility fees or assessments, and for the payment of the current operation and maintenance of such stormwater management program. The budget, however, shall not provide for the bonding of any annual stormwater utility fees or assessments to be levied under this article. The rate resolution adopted by the board shall provide sufficient revenues to fund the budget adopted for the operation and maintenance of the stormwater management program.

(e)

Notice of public hearing concerning the above referenced rate resolution shall be published in a newspaper of general circulation in the county at least twice, with the first publication being at least 20 days prior to the public hearing. The public hearing may be continued to a date certain without the necessity of further newspaper advertisement or public notice.

(f)

No bonding of any annual stormwater utility fees or assessments provided for under this article shall be permitted.

(g)

The annual stormwater utility fees or assessments provided for under this article, and the rate resolution adopted hereunder, shall not be increased during any of the five years following August 8, 1995. The annual stormwater utility fees or assessments provided for under this article may be reduced during any of the five years following August 8, 1995, pursuant to adoption of a proper annual rate resolution as specified in this section.

(h)

If after five years from August 8, 1995, the board of county commissioners desires to increase any annual stormwater utility fees or assessments provided for under this article, such increase shall not be effective without adoption of a rate resolution by a super majority vote of the board of county commissioners.

(i)

Any amendment to this article shall require adoption of an ordinance by super majority vote of the board of county commissioners.

(Code 1979, § 23-167; Ord. No. 95-34, § 2, 8-8-95)