HomeMy WebLinkAboutCity of Tamarac Ordinance O-2013-017Temp. Ordinance # 2292
October 23, 2013
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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
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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:
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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.
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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.
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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
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(Utilities Ordinance CIAC).docx
CODING: Words in s�J# type are deletions from existing law;
Words in underlined type are additions.