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HomeMy WebLinkAboutCity of Tamarac Ordinance O-2013-017Temp. Ordinance # 2292 October 23, 2013 Page 1 of 6 0 CITY OF TAMARAC, FLORIDA ORDINANCE NO.2013- 17 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF TAMARAC, FLORIDA, AMENDING CHAPTER 22, ENTITLED "UTILITIES" OF THE CODE OF ORDINANCES OF THE CITY OF TAMARAC BY AMENDING SECTION 22-1899 ENTITLED "CONTRIBUTION CHARGES," TO RENAME SECTION 22- 189 TO "CONTRIBUTION IN AID OF CONSTRUCTION CHARGES," AND USE THAT PHRASE THROUGHOUT THE SECTION; TO AMEND THE WATER AND WASTEWATER CONTRIBUTION IN AID OF CONSTRUCTION CHARGES; AND TO PROVIDE REGULATIONS RELATING TO CONTRIBUTION IN AID OF CONSTRUCTION CHARGES; PROVIDING FOR NOTICE; PROVIDING FOR CODIFICATION; PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, Section 22-189 of the Tamarac City Code requires developers to contribute a portion of the cost of plant facilities, and are known as "contributions in aid of construction"; and WHEREAS, Contribution in Aid of Construction charges are in the nature of impact fees; and, WHEREAS, Section 163.31801, Florida Statutes, provides procedural requirements for the adoption of impact fees and changes in the amounts of such fees, including changes from time to time in the amount of impact fees, be adopted by ordinance; and WHEREAS, Section 22-189, should be amended to update the reference to the charge from "Contribution charges" to "Contribution in Aid of Construction charges," and to incorporate the procedural requirements of Section 163.31801, Florida Statutes. WHEREAS, in 2011, the Tamarac City Commission approved by Resolution R- 2011-50 setting the water Contribution in Aid of Construction charges at $1,400 per equivalent residential connection (ERC) and the wastewater contribution in aid of construction charge at $1,800 per ERC; and WHEREAS, through the adoption of previous Resolutions on the Contribution in Aid of Construction charges, an ERC has been defined as the maximum demand of three hundred fifty (350) gallons per day which equates to the demand fora single- family dwelling unit; and, WHEREAS, the City Administration recommends that the Contribution in Aid of Construction charges be amended to reflect the rates in place prior to the adoption of Resolution R-2011-50, which will increase the water contribution in aid of construction charge to $1,700 per equivalent residential connection (ERC) and the wastewater contribution in aid of construction charge at $2,200 per ERC; and, WHEREAS, the amended contribution in aid of construction costs are based upon the City's collection of the most recent and localized data, and WHEREAS, Section 163.31801 provides for a 90 day notice period before any increased charges go into effect; and Page 2 of 6 CODING: Words in type are deletions from existing law; Words in underlined type are additions. WHEREAS, the City Commission deems the proposed amendments to Section 22-189 of the City Code of Ordinances to be in the best interests of the health, safety, and welfare of the citizens and residents of the City of Tamarac. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF TAMARAC, FLORIDA, AS FOLLOWS: Section 1. The foregoing "WHEREAS" clauses are hereby ratified and confirmed as being true and correct and are hereby made a specific part of this Ordinance upon adoption hereof. Section 2. That Chapter 22, entitled "Utilities," Section 22-189, entitled "Contribution charges," of the City of Tamarac Code of Ordinances, is amended to read as follows: Sec. 22-189. .Contribution in Aid of Construction charges (a) The city declares that it shall require developers to contribute a portion of the cost of plant facilities. Such contributions, by developers, owners or builders, are defined herein as " harge.""Contribution in Aid of Construction." (b) The city requires an executed developer's agreement containing a provision setting forth the cost of all water and sewer, or either as applicable, contribution in Aid of Construction charges. Contribution in Aid of Construction charges for all projects shall be due and payable prior to issuance of a utilities permit. c Contribution in Aid of Construction charges are to be treated as trust funds and may be used only to pay for or offset the cost of pow, ien new capital improvements of the utilitysystem. Contribution Jn Aid of Construction charges may not be used to pay for replacement of existing facilities, the cost of which would necessarily have had to be borne by existing customers of the system whether or not the party paying the contribution charge had become a part of the system. as FeyemJe. W.W. thew 1%.41tilityes d The Contribution in Aid of Construction shall be as follows: Page 3 of 6 CODING: Words in rztrike thireelugh type are deletions from existing law; Words in underlined type are additions. Utility S stem Rate per ERC Water 1 700 Wastewater 2200 (se) As used in this section: (1) Equivalent residential connection (ERC) means the assumed average daily flow of a single residential unit as set by resolution of the city commission. (2) Commercial means all property devoted to industrial, business, educational or other categories not residential in nature. The contribution charges to be paid to the city for such proposed uses shall be based upon the residential equivalency of such proposed use. The city engineer shall estimate the anticipated water consumption on a daily basis and shall divide such gross daily consumption by the flow of one (1) ERC per day to determine the residential equivalency for commercial use. Such residential equivalency factor shall be multiplied by the contribution charges then in effect for single-family residential use in order to determine the charges applicable to such proposed commercial use. No commercial use shall be less than one (1) residential equivalent. (3) Irrigation uses means contribution charges for water service used for the purpose of irrigation based upon the residential equivalency of such use. The city engineer shall determine the daily water consumption for the proposed irrigation use and shall divide such gross daily water consumption amount by the flow of one (1) ERC per day to determine the residential equivalency for the proposed irrigation use. (df) in any instance where either water or sewer service alone is furnished without the companion service, the charges shall be as established by the city's rate schedule. The calculation of the Contribution in Aid of Construction cha upon the most recent and localized data_available to the City_ es shall be based. (h) The City shall account for the revenues and expenditures associated with the Contribution in Aid of Construction charges in a sei2arate Fund. (i) Administrativ shall be limited to ac charges for the collection of the Contribution in Aid of real costs of the Ci nstruction (j) Any increase in the amount of the Contribution in Aid of Construction char es shall be approved by ordinance, which will provide for notice at least ninetv (90) days prior to the effective date of the ordinance. Page 4 of 6 CODING: Words in s#i� type are deletions from existing law; Words in underlined type are additions. Section 3. It is the intention of the City Commission of the City of Tamarac 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, re -lettered and the word "Ordinance" may be changed to "Section", "Article" or such other word or phrase in order to accomplish such intention. Section 4. The City Clerk shall cause to be published a notice of amended Contribution in Aid of Construction charges in a newspaper of general circulation within the City. Section 5. If any clause, section, or other part or application of this Ordinance shall be held by any court of competent jurisdiction to be unconstitutional or invalid, such unconstitutional or invalid part or application shall be considered as eliminated and so not affecting the remaining portions or applications remaining in full force and effect. Section 6. All Ordinances or parts of Ordinances, Resolutions or parts of Resolutions in conflict herewith be and the same are hereby repealed to the extent of such conflict. Section 7. This Ordinance shall become effective as provided by Florida law. Page 5of6 CODING: Words in Ez+rike type are deletions from existing law; Words in underlined type are additions. PASSED,. FIRST READING this / day of 2013. a3� PASSED, SECOND READING this day of akb--� , 2013. T: CITY C E L, RK HEREBY CERTIFY that have approved this ORDINANCE as to form: SAMUEL S. GOREN CITY ATTORNEY i RECORD OF COMMISSION VOTE: 1ST Reading MAYOR TALABISCO DIST 1: COMM BUSHNELL DIST 2: COMM GOMEZ DIST 3: COMM. GLASSER DIST 4: V/M DRESSLER RECORD OF COMMISSION VOTE: 2ND Reading MAYOR TALABISCO (iLo- DIST 1: BUSHNELL DIST 2: COMM GOMEZ DIST 3: COMM. GLASSER DIST 4: V/M DRESSLER H:\_GOV CLIENTS\TAM 2704\050164 WORD 2013\Ordinance No 2013 Page 6 of 6 (Utilities Ordinance CIAC).docx CODING: Words in s�J# type are deletions from existing law; Words in underlined type are additions.