Resolution No. 2025-32 Stormwater Management System Initial Assessment - May 6, 2025CITY OF AVENTURA RESOLUTION NO. 2025-32
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF
AVENTURA, FLORIDA, RELATING TO THE PROVISION OF A
STORMWATER MANAGEMENT SYSTEM WITHIN THE CITY;
DECLARING THE IMPOSITION OF A STORMWATER UTILITY FEE;
ESTABLISHING THE METHOD BY WHICH THE PROPOSED
STORMWATER UTILITY FEE SHALL BE CALCULATED;
DESIGNATING THE LANDS UPON WHICH THE STORMWATER
UTILITY FEE SHALL BE LEVIED; STATING THE ESTIMATED COST OF
PROVIDING AND MAINTAINING THE STORMWATER UTILITY, THE
INITIAL RATE AND THE MAXIMUM RATE FOR THE PROVISION OF
THE STORMWATER MANAGEMENT SYSTEM; DIRECTING THE
PREPARATION OF A PRELIMINARY ASSESSMENT ROLL;
ESTABLISHING A PUBLIC HEARING TO CONSIDER IMPOSITION OF
THE PROPOSED STORMWATER UTILITY FEE AND THE RATES TO BE
IMPOSED AND THE METHOD OF THEIR COLLECTION AND
DIRECTING THE PROVISION OF NOTICE THEREOF; PROVIDING FOR
SEVERABILITY AND AN EFFECTIVE DATE.
WHEREAS, the City ofAventura, Florida (the "City") is a municipality located along
Biscayne Bay in Miami -Dade County, Florida; and
WHEREAS, on August 5, 1997, the City adopted Ordinance No. 97-18,
establishing the City's stormwater management system, which is codified in Chapter 30,
Article III, Division 2 of the City's Code of Ordinances (the "Stormwater Code"); and
WHEREAS, on November 7, 2023, the City enacted Ordinance No. 23-18, which
amended the Stormwater Code to provide for collection of the Stormwater Utility Fee, as
defined in the Stormwater Code, pursuant to Section 197.3632, Florida Statutes (the
"Uniform Method of Collection Act"); and
WHEREAS, on October 3, 2023, the City adopted Resolution No. 2023-51,
authorizing the use of and pursuant to the Uniform Method of Collection Act, with respect
to the Stormwater Utility Fee commencing with the November 2024 tax bill and continuing
each fiscal year until the City decides otherwise; and
WHEREAS, in accordance with the Stormwater Code, as amended, this resolution
is the Resolution establishing the stormwater utility rate and providing for a public hearing
as required by Section 197.3632(4)(a), (b), and (c) of the Uniform Method of Collection
Act, in order to collect the Stormwater Utility Fee on the tax roll; and
WHEREAS, the City has determined under the Stormwater Code to assess a
Stormwater Utility Fee against each Developed Property within the City for services and
facilities provided by the Stormwater Management System using an Equivalent
City of Aventura Resolution No. 2025-32
Residential Unit basis ("ERU") and has assigned each Developed Property within the City
a classification of Single-family Dwelling Unit, Multi -family Dwelling Unit or Nonresidential
Developed Property; and
WHEREAS, the City has assigned each Developed Property an ERU as
determined in accordance with the Stormwater Code; and
WHEREAS, on April 8, 2025, the City adopted Resolution No. 2025-28, providing
for an increase in the Stormwater Utility Fee to $6.175 per month to be effective on
October 1, 2025; and
WHEREAS, the Stormwater Code provides that the rate per ERU to be used in
calculating the Stormwater Utility Fees, which is consistent with the Uniform Method of
Collection Act, shall be set by Resolution of the City after a Public Hearing; and
WHEREAS, in order to provide for anticipated increases in the cost of providing
Stormwater Utility Management over the years, including providing for additional
Stormwater Infrastructure (as defined in the Stormwater Code), a Maximum Rate shall be
determined herein.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE
CITY OF AVENTURA, FLORIDA, AS FOLLOWS:
SECTION 1. RECITALS INCORPORATED. That each of the above -stated
recitals is hereby adopted and confirmed.
SECTION 2. AUTHORITY. This Resolution is adopted pursuant to the provisions
of the Stormwater Code, Sections 166.021 and 166.041, Florida Statutes, Section
197.3632, Florida Statutes, (the "Uniform Method of Collection Act"), the Stormwater
Code and other applicable provisions of law.
SECTION 3. PURPOSE AND DEFINITIONS. This Resolution is an initial Rate
Resolution to preliminarily adopt a Stormwater Utility Fee, to set a Public Hearing, and
provide notice of such Public Hearing as required by the Uniform Method of Collection
Act, at which it shall be determined by Resolution the final Stormwater Utility Fees. All
capitalized words and terms not otherwise defined herein shall have the meanings set
forth in the Stormwater Code, or if not defined therein, as set forth in the Uniform Method
of Collection Act.
SECTION 4. FINDINGS. The above recitals are hereby determined to be true and
correct and incorporated herein by reference. It has been ascertained and determined by
the City Commission in the Stormwater Code such legislative determinations, as set forth
therein is hereby incorporated herein by reference. Specifically, it has been determined that:
(A) The collection of and disposal of stormwater and regulation of groundwater
are of benefit to all property within the City including property not currently served by the
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City of Aventura Resolution No. 2025-32
System.
(B) The cost of operating and maintaining the System should, to the extent
practicable, be allocated in relationship to the contributions to the System.
SECTION 5. DETERMINATION OF STORMWATER MANAGEMENT SYSTEM
COST; ESTABLISHMENT OF STORMWATER UTILITY FEE AND ESTABLISHMENT OF
THE MAXIMUM RATES.
5.1 The annual cost shall be determined as the amount necessary to fund the cost
of the Stormwater Management System allocable to Developed Properties during a Fiscal
Year and shall include, but not be limited to: (A) any annual debt service payment, which
includes, principal, interest, reasonable reserves and cost of issuance of the bond or note
in connection with the financing of Stormwater Infrastructure, if any; (B) all costs associated
with the operation of the Stormwater Management System, including repair and
maintenance of Stormwater Infrastructure; and (C) all costs associated with the collection
and enforcement of the Stormwater Utility Fee using the Uniform Method on the tax bill,
including any service charges of the Miami -Dade County Tax Collector or Property
Appraiser, and the discount for early payment of taxes (collectively, the "Annual Stormwater
Management System Cost"); and
5.2 For each Fiscal Year in which Stormwater Utility Fees are imposed, the Annual
Stormwater Management System Cost shall be allocated to each Developed Property as
provided in Section 4 of the Stormwater Code.
5.3 For the purposes of Fiscal Year 2025-2026, the Annual Stormwater
Management System Cost is estimated to be $4,511,000.00.
5.4 Based upon the estimated costs as set forth in sections 5.3 above, together
with existing fund balances and the calculations of estimated number of ERU's associated
with the Developed Property the City Commission has determined the following:
(A) the annual rate to be charged for the Stormwater Utility Fee for each
ERU for Fiscal Year 2025-2026 shall be seventy-four dollars and ten cents ($74.10),
which is $6.175 per month.
(B) In order to provide for any escalation in Annual Stormwater
Management System Costs for any subsequent Fiscal Year, an annual Maximum
Rate for each ERU which includes the cost of collection, is hereby established not to
exceed Ninety dollars and no cents ($90.00), which equates to $7.50 per month.
(C) If the City is collecting the Stormwater Utility Fee as provided in the
Uniform Method of Collections Act, such annual Maximum Rates may only be
exceeded upon adoption of a Resolution after providing for a public hearing as
required by the Uniform Method of Collections Act.
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City of Aventura Resolution No. 2025-32
SECTION 6. PRELIMINARY NON -AD VALOREM ASSESSMENT ROLL.
6.1 The City Manager has prepared, a Stormwater Utility Fee non -ad valorem
assessment roll for the Fiscal Year 2025-2026, in the manner provided in the Stormwater
Code and Uniform Method of Collection Act (the "Preliminary Assessment Roll"). Such
Preliminary Assessment Roll shall contain the following information, which is set forth in
Exhibit A, hereto: (1) a summary description of each Developed Property within the City
conforming to the description contained on the most recent Miami -Dade County Tax Roll, or
Folio Number, (2) the name and address of the owner of record of Developed Property as
shown on the most recent Miami -Dade County Tax Roll, (3) the amount of the total Annual
Stormwater Utility Cost to be assessed against all the Developed Properties, (4) the unit of
measurement to be applied to determine the Stormwater Utility Fee for each Developed
Property and the total units in the City (5) the Stormwater Utility Fee for such Developed
Property and (6) the Maximum Rate for each Developed Property that may be imposed
during any Fiscal Year. The Preliminary Assessment Roll shall be open to public inspection.
The foregoing shall not be construed to require that the Preliminary Assessment Roll be in
printed form if the amount of the annual Stormwater Utility Fee for each Developed Property
can be determined by use of a computer terminal available to the public.
6.2 It is hereby ascertained, determined, and declared that the foregoing method
of determining the Stormwater Utility Fees for the Stormwater Management System is a fair
and reasonable method of apportioning the Annual Stormwater Utility Cost among parcels
of Developed Property, and the use of the Uniform Method of Collection Act for collection is
an efficient mechanism to address payment delinquencies and recover Stormwater Utility
Fees which are allocable to specific parcels of Developed Property.
SECTION 7. AUTHORIZATION OF PUBLIC HEARING; NOTICE. The City
Commission hereby finds and determines that a public hearing is to be held by the City
Commission at City Hall located at 19200 W Country Club Drive, Aventura, FL 33180 6.00
p.m. on July 1, 2025, or as soon as practicable thereafter, to be set forth in the notice of
meeting, to consider: (A) the purpose of the Stormwater Utility Fee, (B) the estimated annual
Stormwater Management System Costs for Fiscal Year 2025-2026, (C) imposition and
apportionment methodology of the Stormwater Management System Costs to the
Developed Property, and (D) collection of the Stormwater Utility Fee pursuant to the Uniform
Method of Collection Act commencing with the tax bill to be mailed in November 2025.
SECTION 8. NOTICE BY MAIL.
8.1 The City Manager shall, at the time and in the manner specified in Section
197.3632(4)(b), Florida Statutes, direct the provision of first class United States mailed
notice of the public hearing authorized by Section 7 hereof by the City Clerk to each property
owner of the Developed Properties, or with respect to the Multi -family Dwelling Units, to
each owner of a Dwelling Unit at the address indicated on the Tax Roll. Such notice shall
contain the information required for mailed notice set forth in Section 197.3632(4)(b), Florida
Statutes, a form of which is attached as Exhibit "B".
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City of Aventura Resolution No. 2025-32
8.2 Proof of such mailings shall be made by affidavit of the City Clerk and be kept
on file with the City Clerk.
SECTION 9. NOTICE BY PUBLICATION. The City Manager shall direct the City
Clerk to publish a notice of the public hearing authorized by Section 7 hereof in the manner
and the time provided in Section 197.3632(4)(b), Florida Statutes. Such notice shall contain
the information required by Section 197.3632(4)(b), Florida Statutes, for published notice, a
form of which is attached hereto as Exhibit "C".
SECTION 10. REVISIONS TO ASSESSMENTS. If any Stormwater Utility Fee made
under the provisions of this Resolution is either in whole or in part annulled, vacated, or set
aside by the judgment of any court, or if the City Commission is satisfied that any such
Stormwater Utility Fee is so irregular or defective that the same cannot be enforced or
collected, or if the City Commission has failed to include or omitted any Developed Property
or Multi -family Dwelling Unit on the Preliminary Assessment Roll which property should have
been so included, the City Commission may take all necessary steps to impose a new
Stormwater Utility Fee against any such property using the Stormwater Management
System following as nearly as may be practicable, the provisions of the Stormwater Code
and the Uniform Method of Collection Act and in case such second Stormwater Utility Fee
is annulled, vacated, or set aside, the City Commission may obtain and impose other
Stormwater Utility Fees until a valid Stormwater Utility Fee is imposed.
SECTION 11. EFFECTIVE DATE. This Resolution shall take effect immediately
upon its passage and adoption.
The foregoing Resolution was offered by Commissioner Kruss, who moved its
adoption. The motion was seconded by Commissioner Bloom, and upon being put to a vote,
the vote was as follows:
Commissioner Clifford B. Ain Yes
Commissioner Gustavo Blachman Yes
Commissioner Amit Bloom Yes
Commissioner Rachel S. Friedland Yes
Commissioner Paul A. Kruss Yes
Vice Mayor Cindy Orlinsky Yes
Mayor Howard S. Weinberg Yes
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City of Aventura Resolution No. 2025-32
PASSED AND ADOPTED this 6t" day of May, 2025.
ATTEST:
ELLISA L. HORVATH, MMC
CITY CLERK
APPROVED AS TO LEGAL SUFFICIENCY:
ROBERT MEYERS
CITY ATTORNEY
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City of Aventura Resolution No. 2025-32
EXHIBIT A
DEVELOPED PROPERTY INFORMATION
FOR PRELIMINARY ASSESSMENT ROLL
Due to the size, the exhibit is on file with the
City Clerk
A-1
City of Aventura Resolution No. 2025-32
EXHIBIT B
FORM OF MAILED NOTICE
***** NOTICE TO PROPERTY OWNER *****
City of Aventura, Florida
19200 W Country Club Drive
Aventura, Florida 33180
[insert name of property owner]
[insert address from tax roll
l
Dear Property Owner:
CITY OF AVENTURA, FLORIDA
NOTICE TO IMPOSE AND
PROVIDE FOR COLLECTION OF NON -AD
VALOREM ASSESSMENT
NOTICE DATE: _,2025
Tax Parcel No.:
Legal Description:
As required by Section 197.3632, Florida Statutes, notice is given by the City of Aventura, Florida
(the "City"), that annual fees for the Stormwater will be collected using the tax bill collection method, may
be levied on your property for the fiscal year beginning October 1, 2025 - September 30, 2026.
The stormwater utility fee assessed against each developed property within the City is in accordance
with the Code of Ordinances, Chapter 30 — ENVIRONMENT, Article III — Stormwater, Division 2 —
Stormwater Utility System Sec.30-94 stormwater utility fee. All single-family dwelling units are assigned
one Equivalent Residential Unit ("ERU"), Multifamily dwellings are assigned one ERU per dwelling unit,
and Nonresidential developed properties are assigned one ERU per 1,548 square feet of impervious area.
The fee is calculated by multiplying the annual rate of $74.10 per one ERU, by the number of ERUs
assessed to each developed property as adopted by Resolution No. 25-28 on April 8, 2025.
The revenue to be collected within the City from the stormwater utility fee is estimated to be
$2,470,049, (including the cost of collection), for Fiscal Year commencing October 1, 2025.
• The above parcel is subject to the stormwater utility fee.
• The total number of ERUs on the above parcel is
• The maximum annual stormwater fee for Fiscal Year 2025-26 and thereafter is $90.00 per ERU.
A public hearing will be held by the City Commission at City Hall located at 19200 W Country Club
Drive, Aventura, FL 33180 at 6:00 p.m. on July 1, 2025, or as soon as practicable thereafter, for the purpose
of receiving public comment on the proposed stormwater utility fees. All property owners within the City
were mailed individual notices similar to this one. Subsequently, only owners of reclassified property which
results in an increased in the stormwater utility fee, or owners of property not included on the prior year's
assessment roll will receive updated mailed notice in addition to the annual published notice. You and all
other affected property owners have a right to appear at the hearing and to file written objections with the
City Commission within 20 calendar days of the date of this notice. Persons wishing to appeal any decision
made by the City Commission with respect to any matter considered at such hearing(s) will need a record
of the proceedings and for such purpose may need to ensure that a verbatim record of the proceedings is
made, which includes the testimony and evidence upon which the appeal is to be based (F.S. 286.0105).
In accordance with the Americans with Disabilities Act of 1990 (ADA), persons needing special
accommodations to participate in these proceedings should contact the City Clerk's Office for assistance
at (305) 234-4262, no later than four (4) business days prior to such proceeding.
Unless proper steps are initiated in a court of competent jurisdiction to secure relief within 20 days
from the date of City Commission action at the above hearing (including the method of apportionment, the
fee rate and the imposition of the fee), such action shall be the final adjudication of the issues presented.
The City Commission may continue or defer the hearing(s) to a new date and time certain without
further notice provided the date and time of the continuance or deferral is announced at the hearing(s). The
Resolution and the preliminary assessment roll in their entirety may be inspected at the Office of the City
Clerk during regular business hours.
The Stormwater Utility Fee will be collected on the ad valorem tax bill to be mailed in November
2025, as authorized by Section 197.3632, Florida Statutes. Failure to pay the stormwater utility fee will
cause a tax certificate to be issued against the real property which may result in a loss of title.
If there is a mistake on this notice, it will be corrected. If you have any questions regarding your
stormwater utility fee, please contact the City Finance Department at (305) 466-8920, Monday through
Friday between 8:30 a.m. and 5:00 p.m.
*****THIS IS NOT A BILL*****
City of Aventura Resolution No. 2025-32
EXHIBIT C
FORM OF PUBLISHED NOTICE
C-1
PUBLISHED NOTICE
NOTICE OF PUBLIC HEARING TO IMPOSE AND PROVIDE FOR
COLLECTION OF STORMWATER UTILITY FEE IN THE CITY OF
AVENTURA
As required by Section 197.3632, Florida Statutes, notice is hereby given by the City of Aventura, Florida (the "City")
will conduct a public hearing to consider imposing an annual stormwater utility fee the purpose of funding the City's Stormwater
Utility to be collected using the tax bill collection method.
The public hearing will be held by City Commission at City Hall located at 19200 W Country Club Drive, Aventura,
FL 33180 at 6:00 p.m. on July 1, 2025, or as soon as practicable thereafter, for the purpose of receiving public comment on the
proposed stormwater utility fee. All affected property owners have a right to appear at the hearing and to file written objections
with the City Commission within 20 days of this notice.
The revenue to be collected within the City from the stormwater utility fee is estimated to be $2,470,049 (including the
cost of collection), for Fiscal Year commencing October 1, 2025.
The stormwater utility fee assessed against each developed property within the City is in accordance with the Code of
Ordinances, Chapter 30 — ENVIRONMENT, Article III — Stormwater, Division 2 — Stormwater Utility System, Sec.33-94
stormwater utility fee. All single-family dwelling units are assigned one Equivalent Residential Unit ("ERU"), Multifamily
dwellings are assigned one ERU per dwelling unit, and Nonresidential developed properties are assigned one ERU per 1,548
square feet of impervious area.
The fee is calculated by multiplying the annual rate of $74.10 per one ERU, by the number of ERUs assessed to each
developed property adopted by Resolution No. 25-28 on April 8, 2025 (the "Assessment Resolution"). The maximum fee is
calculated by multiplying the annual rate of $90.00 per one ERU, by the number of ERUs assessed to each developed property
adopted by the Assessment Resolution.
If you decide to appeal any decision made by the City Commission with respect to any matter considered at the public
hearing, you will need a record of the proceedings and may need to ensure that a verbatim record is made, including the testimony
and evidence upon which the appeal is to be made.
The City Commission may continue or defer the hearing(s) to a new date and time certain without further notice provided
the date and time of the continuance or deferral is announced at the hearing(s). The Resolution and the preliminary assessment
roll in their entirety may be inspected at the Office of the City Clerk during regular business hours.
The Stormwater Utility Fee will be collected on the ad valorem tax bill to be mailed in November 2025, as authorized
by Section 197.3632, Florida Statutes. Failure to pay the stormwater utility fee will cause a tax certificate to be issued against the
real property which may result in a loss of title.
Persons wishing to appeal any decision made by the City Commission with respect to any matter considered at such
hearing(s) will need a record of the proceedings and for such purpose may need to ensure that a verbatim record of the proceedings
is made, which includes the testimony and evidence upon which the appeal is to be based (F.S. 286.0105).
In accordance with the Americans with Disabilities Act of 1990 (ADA), persons needing special accommodations to
participate in these proceedings should contact the City Clerk's Office for assistance at (305) 466-8919, no later than four (4)
business days prior to such proceeding.
Ellisa L. Horvath, MMC
City Clerk
CITY COMMISSION OF THE CITY
OF AVENTURA, FLORIDA