HomeMy WebLinkAboutO-04-15ORDINANCE NO. 0-04-15
AN ORDINANCE OF THE CITY OF SEBASTIAN, FLORIDA, AMENDING
CODE OF ORDINANCES CHAPTER 102, ARTICLE V SEBASTIAN
STOR31WATER UTILITY; PROVIDING FOR CONFLICTS,
SEVERABILITY, AND EFFECTIVE DATE.
WHEREAS, the city under the authority of Florida law established a stormwater
utility system to impose just and equitable rates, fees, and charges for the services and
facilities provided by the system and issue revenue bonds to finance improvements to the
system; and
WHEREAS, the initial phase of improvement projects set forth in the Stormwater
Master Plan have been funded and list of projects eligible for funding through the utility
fees needs to be expanded;
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE
CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, as follows:
Section 1. That section 102-103 of the Code of Ordinances, City of
Sebastian, Florida, is hereby amended to read as follows:
Sec. 102-103. Stormwater fee; imposition and calculation of.
(c) Within the guidelines and procedures established by
administrative regulations duly promulgated by the Utility, a landowner
may apply for a credit for constructed retention facilities pursuant to
~ St. John's River Water Management District requirements
or for the existence of atypical physical features to the site, and the City
shall reasonably determine said credit based upon the equitable pro-rata
decrease in the total services required of the utility in providing the
systemic benefits of stormwater management to the property.
Section2. That section 102-106 of the Code of Ordinances,
Sebastian, Florida, is hereby amended to read as £ollows:
Sec. 102-106. Stormwater utility trust fund; use of funds.
(c)No less than 80% of utility fees shall be used to fund capital
improvement projects as delineated and programmed in the Caeital
Imorovement Proaram of the Comprehensive Growth Manaaement Plan
in furtherance of the Stormwater Master Plan adopted by City Council.
City of
Section 3. CONFLICT. All ordinances or parts of ordinances in conflict
herewith are hereby repealed.
Section 4. SEVERABILITY. In the event a court of competent jurisdiction
shall hold that any part of this Ordinance is invalid, the remainder of the Ordinance shall
not be affected and it shall be presumed that the City Council did not intend to enact such
invalid provision. It shall further be assumed that the City Council would have enacted
the remainder of this Ordinance without said invalid provision, thereby causing said
remainder to continue in full force and effect.
Section 5. EFFECTIVE DATE. Following its adoption by the City Council,
this Ordinance shall take effect immediately.
The foregoing Ordinance was moved for adoption by Councilmember
Conigl_~_o The motion was seconded by Councilmember
Barczyk and, upon being put to a vote, the vote was as follows:
Mayor Nathan B. McCollum aye
Vice-Mayor Joe Barczyk aye
Cotmcilmember Ray Coniglio aye
Councilmember Lisanne Monier aye
Councilmember Michael Heptinstall aye
The Mayor thereupon declared this Ordinance duly passed and adopted this 28th day of
July, 2004.
ATTES'r:
Sally A. Mffo, CMC
City ClerI
CITY OF SEBASTIAN, FLORIDA
By
Mayor Nathan B. McCollum
Approved as to form and legality for
reliance by the City of Sebastian:
Ri ch~Sy~~ey