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HomeMy WebLinkAboutOrdinance 2025-11 Updating the Stormwater RatesORDINANCE NO. 2025-11 A RATE ORDINANCE OF THE CITY COMMISSION OF THE CITY OF WINTER SPRINGS, FLORIDA, UPDATING THE STORMWATER RATES, AS PROVIDED IN SEC. 19-164(a); PROVIDING FOR THE REPEAL OF PRIOR INCONSISTENT ORDINANCES AND RESOLUTIONS; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City Commission of the City of Winter Springs, Florida, has determined it to be in the best interest of the safety, health, and welfare of the citizens of the City of Winter Springs to provide a Stormwater Management Utility to manage and control stormwater within the system; and WHEREAS, the City Commission of the City of Winter Springs, Florida, has determined it to be in the best interest of the safety, health, and welfare of the citizens of the City of Winter Springs to continue to provide a just and equitable Stormwater Utility Fee to fund the Stormwater Management Utility System; and WHEREAS, Section 19-164(a) provides for the stormwater utility fee to be adopted by ordinance from time to time, and WHEREAS, the City Commission recognizes that the City's stormwater utility fee has not been adjusted for approximately twenty years, and has not kept pace with the increasing costs of operating and maintaining the City's Stormwater Management Utility System; and WHEREAS, the City has engaged a rate consultant to conduct a detailed rate study that the City Manager has advised will be completed and presented to the City Commission later this year; and WHEREAS, the City has experienced more significant flooding in recent years because of more intense rainfall events including Hurricanes; and WHEREAS, the City has experienced a significant increase in demand for stormwater services and anticipates rising costs for capital projects, which are expected to continue to exceed revenues collected in the Stormwater Management Utility Fund, used solely for stormwater system expenses pursuant to Section 9-167 of the City Code; and WHEREAS, the City Manager and Staff recommend an interim stormwater rate adjustment to help offset current and future service and capital expenses, pending completion and consideration of the ongoing stormwater rate study by the City Commission; and WHEREAS, this Ordinance is enacted pursuant to the Florida Municipal Home Rule Powers Act, Chapter 403, Florida Statutes, and other applicable law authorizing a municipality to set rates, fees, and charges for public utility services; and WHEREAS, it is in the best interests of the public health, safety, and welfare of the citizens of Winter Springs to amend the rates for stormwater services provided by the City. City of Winter Springs Ordinance 2025-11 Page 1 of 3 NOW, THEREFORE, THE CITY COMMISSION OF THE CITY OF WINTER SPRINGS HEREBY ORDAINS, AS FOLLOWS: Section 1. Recitals. The foregoing recitals are hereby incorporated herein by this reference. Section 2. New ERU Rate Established. The stormwater management utility fee shall be ten dollars and no cents ($10.00) per ERU and shall be calculated for each developed property as provided for in Section 19-164. Section 3. Repeal of Prior Inconsistent Ordinances and Resolutions. All prior inconsistent ordinances and resolutions adopted by the City Commission, or parts of prior ordinances and resolutions in conflict herewith, are hereby repealed to the extent of the conflict. Section 4. Incorporation Into Code. This ordinance shall be incorporated into the Winter Springs City Code and any section or paragraph number or letter and any heading may be changed or modified as necessary to effectuate the foregoing. Section 5. Severability. If any section, subsection, sentence, clause, phrase, word or provision of this ordinance is for any reason held invalid or unconstitutional by any court of competent jurisdiction, whether for substantive, procedural, or any other reason, such portion shall be deemed a separate, distinct and independent provision, and such holding shall not affect the validity of the remaining portions of this ordinance. Section 6. Effective Date. The Stormwater rate set forth in this ordinance shall become effective on July 1, 2025. It is the intent of this ordinance to begin imposing the stormwater rate during the start of the next full utility billing cycle. ADOPTED by the City Commission of the City of Winter Springs, Florida, in a regular meeting assembled on the 12th day of May, 2025. ATTEST: CHRISTIAN GOWAN, CMC City Clerk CITY OF WINTER SPRINGS, FLORIDA �• / KEVIN TftcCANN Mayor Approved as to legal form and sufficiency for the City inter Springs only: A THONY A. GARGANESE City Attorney City of Winter Springs Ordinance 2025-11 Page 2 of 3 �16 ok W into,,`.o co OQ CA o. '959 •�b First Reading: April 14, 2025 Public Advertisement: May 1, 2025 Second Reading and Public Hearing: May 12, 2025 City of Winter Springs Ordinance No. 2025-11 Page 3 of 3