HomeMy WebLinkAboutReso 98- 49
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RESOLUTION NO. 98- q <1
A RESOLUTION OF THE CITY OF SUNNY ISLES BEACH,
FLORIDA, NOTIFYING THE BOARD OF COUNTY
COMMISSIONERS OF METROPOLITAN DADE COUNTY
AND THE DIRECTOR OF THE METROPOLITAN DADE
COUNTY DEPARTMENT OF ENVIRONMENTAL
RESOURCES MANAGEMENT THAT THE CITY WISHES TO
EXERCISE ITS OPTION TO EXEMPT THE CITY OF SUNNY
ISLES BEACH FROM THE PROVISIONS OF 91-66
(CHAPTER 24 OF THE CODE OF MIAMI DADE COUNTY);
PROVIDING FOR TRANSMISSION AND AN EFFECTIVE
DATE.
WHEREAS, on June 18, 1991, the Board of County Commissioners of Miami Dade County
adopted Ordinance No, 91-66 establishing a county-wide storm water utility; and
WHEREAS, on October 17, 1995, the Board of County Commissioners of Metropolitan
Dade County adopted 91-195 amending Section 24-61.2 of the Code of Miami Dade County relating
to the applicability of the county's storm water utility and providing for exemption from applicability
for certain municipalities; and
WHEREAS, the City of Sunny Isles Beach wishes to exercise its option to be exempted from
the provisions of Ordinance 91-66;
NOW THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY
OF SUNNY ISLES BEACH, FLORIDA, AS FOLLOWS:
Section 1.
The City of Sunny Isles Beach hereby notifies the Board of County Commissioners
of Miami Dade County and the Director of the Metropolitan Dade County Department of
Environmental Resources Management that it wishes to exercise its option to exempt the City of
Sunny Isles Beach from the provisions of Ordinance 91-66.
Section 2.
The City of Sunny Isles Beach hereby commits to implement applicable provisions of
Section 403,0893 as amended from time to time. The City of Sunny Isles Beach reserves the right
pursuant to Section 24-61.2 of Ordinance 91.66 to void this exemption by request to the Board of
County Commissioners of Miami Dade County.
Chapter 24 Exemption Res,
"
Section 3,.
The Clerk of the City of Sunny Isles Beach is hereby directed to file a certified copy
of this Resolution with the Clerk of the Board of County Commissioners and with the Director of
DERM and requests a resolution from the Board of County Commissioners approving the exemption
of the City of Sunny Isles Beach from provisions of the Miami Dade County Storm Water Utility
Ordinance No. 91,66, and requests a certified copy of that resolution be forwarded to the City Clerk
of the City of Sunny Isles Beach,
Section 4, This Resolution shall become effective upon adoption.
PASSED AND ADOPTED this ~ay of May, 1998.
ayor
ATTEST:
~c4~ ~V'-lJ\,~~1t~
Richard Brown-Morilla, City Clerk
APPROVED AS TO FORM
G SUFFICIENCY:
Lynn M, Dannheisser, City Attorney
Moved by: ~1~Mcw(W
Second by: ~\0Vvv' kw~
VOTE:
. "." r ~, . Mayor Samson
. '.~-.j. · '-....~:~: Vice Mayor Turetsky
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/, .I ... 'I ,_' '.\.\ CommissionerIglesias
rJ .:~,. ',~ \,j ',:Commissioner Kauffman
:. .!..~/.. ,l<~ ~~ommissionerMorrow
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To: City Commission
From: Lynn Dannheisser,
City Attorney
Date: May 28, 1998
Subject: STORM WATER UTILITY EXEMPTION RESOLUTION
RECOMMENDATION
The City Staff recommends authorization of this Resolution allowing the City of
Sunny Isles Beach to establish its own storm water utility and opt out of the County-
wide storm water utility.
I;iW:I*0rkkR
Section 403.0893, Florida Statutes authorizes the establishment of storm -water
utilities for the construction, operation and maintenance of storm water management
systems to correct, convey, store, absorb, inhibit, treat, use or reuse water to prevent
flooding and environmental degradation and water pollution. In 1991, the Board of
County Commissioners established a county -wide storm utility.
The City Manager has determined that it is beneficial for the City to establish its own
storm water utility and contract with the Department of Environmental Resources
Management for drainage work that is under construction at this time and perhaps for
additional other services. It's the City's option to exempt itself from the county -wide
storm water utility. By adopting this Resolution, all decisions will be made at the City
level and the City will adopt and select its own fee rather than paying that fee to Dade
County.
Respectfully submitted,
X��
Lynn M. Dannheisser
City Attorney
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Attachment