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Home My WebLink About2025 05 12 Public Hearing 402 - Second Reading - Ordinance 2025-11PUBLIC HEARINGS AGENDA ITEM 402 CITY COMMISSION AGENDA | MAY 12, 2025 REGULAR MEETING TITLE Second Reading of Ordinance 2025-11: Updating the Stormwater Rate SUMMARY As requested by the Commission, staff has prepared Ordinance 2025-11 adjusting the stormwater rate to $10 per Equivalent Residential Unit (ERU) as an interim rate adjustment pending consideration of a more formal rate study which will be completed and presented to the City Commission later this year. Changes since the April 12th first reading include a corrected reference to Florida Statutes Chapter 403 in the penultimate "Whereas" and a revised effective date of July 1, 2025 to allow sufficient time for for implementation. FUNDING SOURCE RECOMMENDATION Staff recommends the Commission hold a public hearing and adopt Ordinance 2025- 11 on second reading. 752 City of Winter Springs Ordinance 2025-11 Page 1 of 3 ORDINANCE 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. 753 City of Winter Springs Ordinance 2025-11 Page 2 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: CITY OF WINTER SPRINGS, FLORIDA ____________________________ ____________________________________ CHRISTIAN GOWAN, CMC KEVIN McCANN City Clerk Mayor Approved as to legal form and sufficiency for the City of Winter Springs only: ______________________________________ ANTHONY A. GARGANESE City Attorney 754 City of Winter Springs Ordinance No. 2025-11 Page 3 of 3 First Reading: April 14, 2025 Public Advertisement: May 1, 2025 Second Reading and Public Hearing: May 12, 2025 755 Published Daily in Orange, Seminole, Lake, Osceola & Volusia Counties, Florida Sold To: City Of Winter Springs - CU00116922 1126 E State Road 434 Winter Springs, FL 32708-2715 Bill To: City Of Winter Springs - CU00116922 1126 E State Road 434 Winter Springs, FL 32708-2715 State Of Florida County Of Orange Before the undersigned authority personally appeared Rose Williams, who on oath says that he or she is a duly authorized representative of the ORLANDO SENTINEL, a DAILY newspaper published in ORANGE County, Florida; that the attached copy of advertisement, being a Legal Notice in: The matter of 11150-Public Hearing Notice Was published in said newspaper by print in the issues of, or by publication on the newspaper¶s website, if authorized on May 01, 2025. Affiant further says that the newspaper complies with all legal requirements for publication in Chapter 50, Florida Statutes. Rose Williams Sworn to and subscribed before me on this 2 day of May, 2025, by above Affiant, who is personally known to me (X) or who has produced identification ( ). Signature of Affiant Name of Affiant Signature of Notary Public Name of Notary, Typed, Printed, or Stamped 7804854 756 7804854 757 758 This Business Impact Estimate may be revised following its initial posting. CITY OF WINTER SPRINGS, FLORIDA 1126 EAST STATE ROAD 434 WINTER SPRINGS, FLORIDA 32708-2799 TELEPHONE: (407) 327-1800 FACSIMILE: (407) 327-4753 WEBSITE: www.winterspringsfl.org BUSINESS IMPACT ESTIMATE PURSUANT TO F.S. 166.041(4) This form should be included in the agenda packet with the proposed ordinance to be considered. It must be posted on the City’s website by the time notice of the proposed ordinance is published. City Commission Meeting Dates: First Reading: April 14, 2025 Second Reading: May 12, 2025 Ordinance Number: _2025-11 Posted To Webpage: Initially posted May 1, 2025; Revised May 7, 2025 This Business Impact Estimate is given as it relates to the proposed ordinance titled: Ordinance 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. Parts I-IV below are not required to be completed if the ordinance involves any one of the following types of exemptions. Please check ONLY if applicable: __ 1. Ordinances required for compliance with federal or state law or regulation; __ 2. Ordinances relating to the issuance or refinancing of debt; __ 3. Ordinances relating to the adoption of budgets or budget amendments, including revenue sources necessary to fund the budget; __ 4. Ordinances required to implement a contract or an agreement, including, but not limited to, any federal, state, local, or private grant, or other financial assistance accepted by a municipal government; __ 5. Emergency ordinances; __ 6. Ordinances relating to procurement; or __ 7. Ordinances enacted to implement the following: __ a. Development orders and development permits, as those terms are defined in s. 163.3164, and development agreements, as authorized by the Florida Local Government Development Agreement Act under ss. 163.3220-163.3243; __ b. Comprehensive plan amendments and land development regulation amendments initiated by an application by a private party other than the municipality; 759 This Business Impact Estimate may be revised following its initial posting. __ c. Sections 190.005 and 190.046; __ d. Section 553.73, relating to the Florida Building Code; or __ e. Section 633.202, relating to the Florida Fire Prevention Code. Part I. Summary of the proposed ordinance and statement of public purpose: Pursuant to Chapter 19, Article V of the Winter Springs Code, the City operates a stormwater management utility. Residential and non-residential customers pay a stormwater fee based on the number of equivalent residential units (ERU) on the subject developed real property, less any applicable credit allowed under the Code. The developed property owner is responsible for payment of the fee. The fee for nonresidential property is the rate for one (1) ERU multiplied by the numerical factor. The numerical factor is obtained by dividing the total impervious area in square feet of the nonresidential property by the square footage for one (1) ERU as set forth in the rate resolution. The resulting calculation is, Fee = ERU rate × (parcel impervious area expressed in square feet/the square footage for one (1) ERU). The City Commission is seeking to increase the rate of the stormwater fee. The rate has not been modified in many years. The proposed ordinance increases the current monthly rate from $5.50 to $10 per ERU. Part II. Estimate of the direct economic impact of the proposed ordinance on private, for-profit businesses in the City of Winter Springs: (fill out subsections a-c as applicable, if not applicable write “not applicable”) (a) Estimate of direct compliance costs that businesses may reasonably incur if the proposed ordinance is enacted: Businesses owning real property will pay an additional $4.50 per ERU. (b) Identification of any new charges or fee on businesses subject to the proposed ordinance, or for which businesses will be financially responsible; and The ordinance does not create any new charges or fees. The ordinance increases an existing fee for stormwater management services. (c) An estimate of the City of Winter Springs’ regulatory costs, including an estimate of revenues from any new charges or fees that will be imposed on businesses to cover such costs. The adoption of the proposed increased rate will assist in covering the shortfalls of the Stormwater Enterprise Fund. The increase will generate approximately $68,400 in additional revenue each year from businesses. Part III. Good faith estimate of the number of businesses likely to be impacted by the ordinance: Approximately 41 businesses may be impacted by this ordinance. Part IV. Additional Information the City Commission may find useful (if any): 760