Item Coversheet

Ordinances - R5  J




COMMISSION MEMORANDUM

TO:Honorable Mayor and Members of the City Commission 
FROM:Jimmy L. Morales, City Manager 
DATE:September  27, 2016
 

5:11 p.m. Second Reading Public Hearing

SUBJECT:

SCHEDULE A MODIFICATION TO STORMWATER UTILITY ORDINANCE:

AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, AMENDING CHAPTER 110 OF THE MIAMI BEACH CITY CODE, ENTITLED "UTILITIES"; AMENDING ARTICLE Ill THEREOF, ENTITLED "STORMWATER UTILITY," AMENDING SECTION 110-109 THEREOF ENTITLED "STORMWATER UTILITY FEES," BY AMENDING APPENDIX A THERETO ENTITLED "FEE SCHEDULE," TO INCREASE THE STORMWATER UTILITY SERVICE CHARGE IMPOSED BY THE CITY AS OF OCTOBER 1, 2016; PROVIDING FOR CODIFICATION, REPEALER, SEVERABILITY, AND AN EFFECTIVE DATE.


RECOMMENDATION

The Administration recommends approving the Ordinance on Second Reading Public Hearing.

ANALYSIS

On June 9, 2010, the City Commission authorized development of a Citywide Comprehensive Stormwater Management Master Plan (SWMMP) which was adopted on November 14, 2012 to evaluate and update its stormwater management practices, infrastructure, funding and regulatory policies. The SWMMP was intended to be a guide for improving the City’s stormwater management system performance for the next 20 years, with considerations to potential sea level rise over this time period.

At the Commission meeting of April 23, 2014, the Mayor and City Commission approved Resolution 2014-28580 accepting the recommendations of the Mayor’s Blue Ribbon Panel on Flooding and Sea Level Rise to design and implement the upgrade of the City’s storm drainage system to meet the new design criteria set by the City Commission with a potential estimated cost of $300 million and with a target completion timeframe between 3 to 5 years.

At the Special Finance and Citywide Projects Committee (FCWPC) meeting of May 20, 2014 the Administration presented the funding strategy for this program recommending issuing three separate $100 million stormwater bonds. The first issue would be in FY 14-15 and other issues would follow as funding was needed.

On July 23, 2014, the City Commission approved the Ordinance on First Reading and at the September 10, 2014, the City Commission approved increasing the stormwater utility service charge to $16.67 per equivalent residential unit (ERU) at its Second Reading Public Hearing.

Rate requirements for Additional Stormwater Bonds
To determine the rates necessary to support the issuance of the second $100 million of Stormwater Revenue Bonds, the Administration completed a series of pro-formas to calculate the rate increases required to cover debt repayment of future Stormwater bonds.

The calculation considered debt service coverage based on two requirements of the existing stormwater Revenue Bond Resolution.

The first requirement, termed the additional bonds test, requires that net revenues available for debt service be no less than 110 percent of the maximum annual debt service of the outstanding plus prospective debt to be issued, for at least 12 consecutive months of the 18 months prior to the issuance of additional bonds or, if prior to the issuance of the proposed additional bonds, the rates are increased, then such rates may be used to project the Net Revenues as though they were in place during the period.

The second requirement, which must be fulfilled annually, regardless of any prospective debt issue, is termed the rate covenant. Net revenues available for debt service in each fiscal year must not be less than 110 percent of the principal and interest requirements for such fiscal year to meet the rate covenant. In addition to meeting the two debt service coverage requirements, annual revenues must be sufficient to meet other operating and maintenance expenditure requirements without resulting in a cash flow deficit.

The Stormwater Enterprise fund issued tax-exempt debt in the amount of $100 million in FY 2014/15 to cover the costs of stormwater improvement projects. The second issue of $100 million will be issued in FY 2016/17 and the third issue of $100 million could be issued in FY 2018/19, as the funding is needed to support the Stormwater improvement projects.

In order to be able to provide coverage to issue the second series of additional bonds, the Administration proposes a monthly stormwater rate of $22.67 per Equivalent Residential Unit (“ERU”) which represents an increase for a residential customer of $6.00 per month or 36% above the FY 2014/15 rate of $16.67 per month.

FY 2014/15 Rate:                       $16.67

FY 2014/15 Poposed Rate:        $22.67

Difference from FY 2009/10:      $6.00

% Change:                                  36%

CONCLUSION

The Administration recommends approving the Ordinance on Second Reading Public Hearing.
Legislative Tracking
Public Works
Sponsor
Mayor Philip Levine

ATTACHMENTS:
Description
Stormwater ordinance