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HomeMy WebLinkAboutCity of Tamarac Ordinance O-1996-015Cl Temp. Ord. # 1768 Page 1 August 1, 1996 Rev. #1: August 6, 1996 Rev. #2: August 30, 1996 CITY OF TAMARAC, FLORIDA ORDINANCE NO. o-9� AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF TAMARAC, FLORIDA; AMENDING TAMARAC CITY CODE CHAPTER 22 ENTITLED "UTILITIES", SECTION 22-1 ENTITLED "DEFINITIONS", SECTION 22-2 ENTITLED "STATEMENT AND INTENT AND FACT", ARTICLE III, DIVISION 2 ENTITLED "WEST UTILITY", SECTION 22-96 ENTITLED "RATES AND CHARGES APPLICABLE TO WEST UTILITY", SECTION 22-97 ENTITLED "REVENUE GENERATION SYSTEM", AND DIVISION 3 ENTITLED "EAST UTILITY", SECTION 22-111 ENTITLED "RATES AND CHARGES APPLICABLE TO EAST UTILITY", SECTION 22-112 ENTITLED "RATES AND CHARGES", AND DIVISION 4 ENTITLED "BILLING AND DISCONTINUANCE OF SERVICE", SECTION 22-137 ENTITLED "EAST UTILITY BILLING NOTIFICATION", AND ARTICLE V ENTITLED "WATER AND SEWER EXTENSION POLICY", SECTION 22-186 ENTITLED "PURPOSE"; RELATING TO WATER AND SEWER USE; PROVIDING FOR THE CONSOLIDATION OF THE EAST AND WEST UTILITIES; PROVIDING FOR CODIFICATION; PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the current City code divides the City's water and sewer system into two distinct utilities, one serving consumers east of State Road 7 (East utility) and the other west of State Road 7 (West utility); and CODING: WeFdq on StFUCk thfatigh type are deletions from existing law; Words in underscored type are additions. 1 Temp. Ord. # 1768 Page 3 August 1, 1996 Rev. #1: August 6, 1996 Rev. #2: August 30, 1996 SECTION 2: That Tamarac City Code, Section 22-1, "Definitions" is hereby amended as follows: ARTICLE 1. IN GENERAL Sec. 22-1 Definitions The following words, terms and phrases, when used in this chapter, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning: City of Tamarac utility means_that water and sewer system owned by the city serving all consumers. SECTION 3: That Tamarac City Code, Section 22-2, "Statement and intent and fact' is hereby amended to read as follows: As of October 1 1996-Lhe, East uM and West utility will be consolidatedso that there is one utility systems operated by the city; system which provides water and sewer service to all areas and customers east eState Road 7, and that systern which provides water a d sewer serviee to eustorners west of State Road 7. Eaeh systern maimt.ains separate rates and charges. I lowever,it is the intent. of the elty that whenevef passuble, geneFS' Fegulations shall apply to both , in and of the City_. CODING: type are deletions from existing law; Words in underscored type are additions. Temp. Ord. # 1768 Page 2 August 1, 1996 Rev. #1: August 6, 1996 Rev. #2: August 30, 1996 WHEREAS, these two systems are distinct for all purposes, having separate rate structures and revenue systems, separate infrastructure systems and water sources, and different levels of operational service; and WHEREAS, the West utility system services approximately 27,700 accounts and the East utility system services approximately 1,000 accounts; and WHEREAS, the Director of Finance, the Director of Utilities, and the engineering and rate consultant recommend the consolidation of the East utility and the West utility systems into one City utility system as financially and operationally prudent; and WHEREAS, this consolidation means that the East utility system would benefit from the "economies of scale" inherent in combining with a larger system; and WHEREAS, the benefit of the consolidation to East utility customers will be a higher and more consistent service level as well as an increased ability to address infrastructure needs consistent with an aging system; and WHEREAS, the bond insurers of outstanding bonded debt in the West utility system have approved the consolidation of the two systems; and WHEREAS, the City's bond counsel has also approved this consolidation; and WHEREAS, the City Manager recognizes the advantages of combining the East utility and the West utility and recommends the City code be amended to allow a merger of both utilities financially and physically; and WHEREAS, the City Commission of the City of Tamarac, Florida has deemed it to be in the best interest of the citizens and residents of the City of Tamarac that the East utility and West utility be merged to form one City of Tamarac Utility. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF TAMARAC, FLORIDA: SECTION 1: That the foregoing "WHEREAS" clauses are hereby ratified and confirmed as being true and correct and are hereby made a specific part of the Ordinance upon adoption hereof. CODING: Words in stmelt thretj type are deletions from existing law; Words in underscored type are additions. Temp. Ord. # 1768 Page 4 August 1, 1996 Rev. #1: August 6, 1996 Rev. #2: August 30, 1996 Accordingly, all customers of the City of Tamarac utility will be charged in conformance to a uniform rate schedule as identified by annual resolution and described in Article III. RATES AND CHARGES AND BILLING PROCEDURE. SECTION 4: That ARTICLE III. entitled "RATES AND CHARGES AND BILLING PROCEDURE" is hereby amended as follows: Sec. 22-96. Rates and charges applicable to west utility City of Tamarac utility The rates and charges applicable to the west utility shall be established by resolution of the city eoumeal commission after a public hearing noticed in a newspaper of general circulation no less than three (3) days prior to the public hearing. However, if the city council commission finds and determines that an emergency situation exists, it may waive the advertising requirements and may, by resolution, modify existing rates and charges. However, the city may establish an initial rate schedule concurrently with the enactment of this chapter and without the necessity of a public hearing thereon. Sec. 22-97. Revenue generation system. (a) The water and sewer fund of the west utility shall be structured to provide for a revenue generation system which shall include the user charge system required Under by Chg1pter 403.18,26, F.S. and associate administrative rules contained in the Florida Administrative Code established in the city's utility rate resolution and shall be designed to produce adequate revenue for the following: operation and maintenance (including replacement of equipment, accessories or appurtenances during the design life of all treatment works necessary to maintain design capacity and performance) of the sewerage system; and a sewerage system capital improvement account to accumulate the equivalent future value of the grant amount adjusted for inflationary cost increases. For the purpose of this requirement, accumulation of the equivalent future value of the grant amount shall mean total revenue collections and appreciation of such amount. Sewerage system facility capital improvements shall not include the replacement or repair of equipment, accessories, or appurtenances necessary to maintain design capacity and performance during the design life of all treatment works. However, CODING: WeFE19 in stmek thFeu type are deletions from existing law; Words in underscored type are additions. Temp. Ord. # 1768 Page 5 August 1, 1996 Rev. #1: August 6, 1996 Rev. #2: August 30, 1996 capital improvement may include such repair and replacement if they are part of a treatment plant unit process or pumping station capacity expansion, or upgrade necessary to meet more stringent effluent limitations required by a regulatory agency, or are necessitated as the result of manmade or natural disasters. Deposits and withdrawals from the account shall be governed by the following provisions: ii•,isr-.u:►uF/_T_�1rl�i•T7_T_�T'h7r�'ylf�=� Sec.22-112. Rates and eharges. Reserved, illl- - - - - - - - - ------- • - : • -INN - - - -- - - - - - - - - - - - - - - i : • ift- DIVISION 4. BILLING AND DISCONTINUANCE OF SERVICE s61 ir„rr��irr�+s�rfr_rf - LE MOM- V1WJ SO LWA- MWA =I IN- L�M ; -NO LWI - - - INN 0 IVA r KII 01 &VARI-jr.- - - - CODING: type are deletions from existing law; Words in underscored type are additions. Temp. Ord. # 1768 Page 6 August 1, 1996 Rev. #1: August 6, 1996 Rev. #2: August 30, 1996 SECTION 5: That ARTICLE V. entitled "WATER AND SEWER EXTENSION POLICY" is hereby amended as follows: Sec.22-186. Purpose. There is established an extension policy for the purpose of creating a uniform method of determining the contribution in aid of construction to be borne by property owners, builders or developers within the service area of the east utility and the west 4tity utilitx to defray or partially defray the costs of on -site water distribution and sewage collection system; the allocable share of off -site water distribution and sewage collection system; and allocable shares of treatment plant costs. The extension policy has as its goal the establishment of a uniform method of computing or determining such contributions to the end that all such contributions shall be nondiscriminatory among consumers in the area and shall be applied as nearly as possible with uniformity to all consumers and prospective consumers within the present or future service area. SECTION 6, It is the intention of the City Commission and it is hereby ordained that the provisions of this Ordinance shall become and be made a part of the Code of Ordinances of the City of Tamarac, Florida, and that the Sections of this Ordinance may be renumbered, relettered and the word "Ordinance" may be changed to "Section," "Article" or such other word or phrase in order to accomplish such intention. SECTION 7: All Ordinances or parts of Ordinances, and all Resolutions or parts of Resolutions in conflict herewith are hereby repealed to the extent of such conflict. SECTION 8. If any provision of this Ordinance or the application thereof to any person or circumstance is held invalid, such invalidity shall not affect other provisions or applications of this Ordinance that can be given affect without the invalid provision or application, and to this end the provisions of this Ordinance are declared to CODING: W8fdS in StFUCk thFeugli type are deletions from existing law; Words in underscored type are additions. 1 1 be severable. SECTION 9: passage and adoption. Temp. Ord. # 1768 Page 7 August 1, 1996 Rev. #1: August 6, 1996 Rev. #2: August 30, 1996 This Ordinance shall become effective immediately upon its PASSED, FIRST READING this % day of PASSED, SECOND READING this o 5 day of ATTEST: ekd�2 ��11-3*--�---'� CAROL A. EVANS CITY CLERK I HEREBY CERTIFY that I Ave approved this R INANCE s Worm. TC ELL S. KRA CITY ATTORNE Finance/TH . - ••. ••. j1kJ1&AA&,@ M& jjU[%AW4r~ AMA* 17NORMAN ABRAMOWITZ MAYOR RECORD OF COMMISSION VOTE jilt It M--- � ��• L1 11 CODING: Werdq in 9tFUelt thfeuejli type are deletions from existing law; Words in underscored type are additions.