HomeMy WebLinkAboutCity of Tamarac Ordinance O-1980-066i
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Rev. 5/21/80
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CITY OF TAMARAC, FLORIDA
ORDINANCE NO. Q-YG ~IP6
AN ORDINANCE AMENDING ORDINANCE 80-35
PERTAINING TO COMPREHENSIVE
WATER AND SEWER REGULATIONS BY AMENDING SECTION
50 TO REQUIRE DEVELOPERS UNDER CERTAIN CONDITIONS
TO MODIFY EXISTING WATER OR SEWER OR BOTH
FACILITIES TO ACCOMMODATE THE IMPACT THAT THE
DEMAND CREATED BY A PROJECT IS PROJECTED TO HAVE
UPON THE OFFSITE WATER DISTRIBUTION AND SEWAGE
COLLECTION SYSTEM; AMENDING SECTION 51 TO PERMIT
CONTRIBUTION CHARGES TO BE PAID OVER A PERIOD OF
TIME WITH INTEREST ADDED TO THE COST OF SAID
CHARGES AND ESTABLISHING OTHER CONDITIONS FOR
PAYMENT OF CONTRIBUTION CHARGES OVER A PERIOD OF
TIME; BY AMENDING SECTION 52 WHICH WILL MODIFY AND
PUSH BACK THE DATE FOR COMMENCEMENT OF GUARANTEED
REVENUE PAYMENTS; AMENDING SECTION 58 TO ESTABLISH
A FEE WHICH MAY BE SET BY RESOLUTION FOR REVIEW OF
PLANS BY THE CITY'S CONSULTING ENGINEER; SETTING
FORTH FINDINGS OF FACT; PROVIDING FOR CODIFICATION;
PROVIDING REPEALER; PROVIDING FOR SEVERABILITY OF
INVALID PROVISIONS; AND PROVIDING AN EFFECTIVE DATE.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF TAMARAC,
FLORIDA:
SECTION 1: FINDINGS OF FACT.
In October of 1979 the City acquired the Utility known as Tamarac
Utilities. This acquisition has put in the hands of the City of
Tamarac additional controls and responsibilities concerning
development in the City. The City must become more sensitive to
development needs in order to see that the tax base continues to gro
that the Utility system continues to grow, and the the City continue
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to grow. Growth factors were projected in estimates of utility rate ,
and if growth rates do not approximately coincide with projected
growth estimates, it may be necessary to modify said rates and
increase.same which would be a detriment to the residents of the
City of Tamarac. The City, the County, the State and the Country
are in a recession which has had, and will continue to have, an
effect upon the building industry. It is not possible, at the preset
time due to high interest rates and tightened money, for developers
to comply with previously existing regulations concerning payments
of contribution charges and Guaranteed Revenue without some modific-
ation therefor. There are a number of developments which are ready
to appear before the City Council and seek site plan review, some
of which may lose financing commitments and options on property if
the City Council does not take action to modify its regulations
immediately. In order for a development to occur and
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for the City to effectively operate its system, it must also
immediately institute an engineering review fee and a requirement
that existing improvements be upgraded by developers under certain
conditions.
SECTION 2: Section 50 of Tamarac Ordinance No. 80-35 is
amended by adding the words, numerals and punctuation underscored,
_ and deleting the words,•numerals and punctuation struck through
As follows:
SECTION 50: OFF -SITE AND OVERSIZED WATER DISTRIBUTION AND
SEWAGE COLLECTION SYSTEM - HYDRAULIC SHARE:
This Extension Policy recognizes instances in which a
developer may be required:(1)to construct oversized or off -site
facilities er-beth, or (2) to modify and rehabilitate existing
facilities, or both construct and modify facilities, applicable to
other underdeveloped property in order that such facilities may be
constructed to serve developer's property and at the same time be
sized in accordance with City's master plan. All amounts expended
by developer, over and above developer's hydraulic share for over-
sized or off -site facilities or modifications and rehabilitations
or both each, shall be refunded to developer by subsequent developer:
in accordance with the terms and conditions of the Developer's
Agreement which City shall execute with the developer. The
Agreement shall provide for a plan of refund based upon the
connection of other properties which will be.served by the off -site
facilities installed by developer.
As future users connect to facilities paid for by developer
the City shall refund to developer during the first five years after
date of execution of his Developer's Agreement providing for such
refund, pro rata shares of expense of such facilities, as paid by
subsequent users, according to the following formula:
1. The City will estimate total capacity(or additional capacity
if applicable) of the facilities in gallons:
2. The volumetric load of original user will be determined by
the City as a percentage of total capacity;
3. Subsequent users load will also be determined as a percentage
of total capacity.
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4. Such percentage will be applied to total cost of the off -
site or oversizea facilities to determine each users' share of costs,
5. Subsequent users share of costs will be collected by City
and remitted to original applicant within thirty days after collection.
6.- No refund will exceed developers actual costs for off -site
or oversized facilities,,and in no case shall it exceed the percentag
of the developers responsibility for his volumetric load capacity.
Reimbursement will only take place during the five years
after execution of a Developer's Agreement providing for such
reimbursement.
City further declares that the charge for developer's
hydraulic share of off -site facilities will be applicable to
developer's property whether or not the main transmisson lines or
pumping stations have been previously constructed.
Developers may be required to advance all or a portion of
the main transmission lines and pumping stations in order to
provide a physical interconnection of developer's property with
the facilities of City at their then present terminus.
City may require Developers at Developer's sole cost and
nse to modify and rehabilitate existing water or sewer or both
facilities to accomodate the impact that the demand created by a
ro'ect is 2rojected to have upon the water or sewer s stem when the
City determines that no other undeveloped property will benefit
significantly from the modification and rehabilitation. Anv work
covered by this paragraph shall be guaranteed -for a period of one
year from the time a Bill of Sale for the water or sewer or both
facilities constructedj2y the developer is accepted by the Cit
Council, and sha11_be_performed by firms acce2table tb the City, in
a manner approved by the_City! at times which will minimally disrupt
the operation of the systems and shall be included in'theappropriate
Developer's Agreement.
SECTION 2: Section 51 of Tamarac Ordinance No.80-35 is
amended by adding the words, numerals and punctuation underscored,
and by deleting the words, numerals and punctuation struck through
as follows:
SECTION 51: CONTRIBUTION CHARGES
City declares that it shall require developer to contribute a
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portion of the cost of plant facilities. Such contributions, by
developer, owner or builder, are defined herein as "contribution
charges".
City requires, at the time of site plan approval, an executed
developers agreement and containing a provision setting forth a
schedule for payment of all water and sewer, or either as applicable,
contribution charges. Contribution charges for non residential
projects shall be due and payable no Later than the time of final
site.plan approval. Contribution char es for residential ro'ects
may be paid in full at any time. However, a developer of a residentie
project m!ay defer a ment of his contribution charge for each unit
to be constructed until the first building permit for the building
in which the unit is located is applied for, for a maximum eriod of
two years from the date the first building permit is issued by the
City for the pro2erty hich is the subject of the developers agree-
ments subject to the following conditions.
1. Developer pays an interest charge of $10.50 per month per
number of ERC's contained in the Developers Agreement with payments
one month in advance. The obligation to pay interest commences on
the date of final site plan approval. These projects which are sub-
ject to'a Developers Agreement with Tamarac Utilities, Inc. executed
on July 31, 1979 and which make a portion of their Contribution
Char e a ments to Tamarac Utilities, Inc. shall be required to pay
interest to the City in the amount of $4.19, per month per number of
ERC's of that portion of the charge directly payable to the City.
2. No interest payment may be more than 15 days late. If any
interest a ment or the contribution charge payment which is due no
later than two years from the date the first building permit is
issued by the City -for the property which is the subject of the
Developers Agreement is more than 15 days .late, the City shall send
the developer a notice of delinquency by prepaid certified mail, and
failure of the developer to make the interest payment in full within
7 days of the date shown on the notice shall constitute a default by
the developer, and as a consequence of such default, any contributio
char es under a Develo ers A reement shall be automatically forfeite
and any payments made as contribution charges shall be al2plied
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a ainst'the outstanding invoices and shall be li uidated dams es.
3. Any increase in the amount of the contribution charge shall
be applicable for all units for which the contribution charge was
not paid in full prior a. to the establishment of the increased charge. _
4. At least twentY five percent (25%) of the ERC's for the
roiect are Maid for in full within one year of the date that the
first building -permit is issued by the City for the propeLta which
is the subject of the Developers Agreement.
5. Interest charges for the month the contribution charge for
a unit is paid are to be prorated to the date the contribution
charges are --paid.
6. A developer may agree to more stringent payment schedules
in his Developer's Agreement.
These monies are to be treated as trust funds and may be used only
to pay for or offset the cost of a portion of capital improvements.
Contribution 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.. The monies are not to be treated as revenue to the utility.
DEFINITION:
Equivalent Residential Connection (ERC)
The assumed average daily flow of a single residential unit
(350 gallons per day).
Commercial:
All property devoted to industrial, business,
educational or other categories not residential in nature shall be
ccnsidered to be commercial uses. The contribution charges to be
paid to the City for such proposed uses shall be based upon
determining 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 a
factor of 350 gallons per day. 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 residential equivelent.
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Irrigation Uses: Contribution charges for water service used
for the purpose of irrigation shall be based on the size of meter
installed in'accordance with -the following schedule:
METER SIZE RESIDENTIAL EQUIVALENCY FACTOR
5/811 1
1" 2.5
1 5
2„ 8
Over 2" By Agreement
WATER SERVICE ONLY - SEWER SERVICE ONLY: 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.
SECTION 4: Section 52 of Tamarac Ordinance 80-35 is
amended by adding the words, numerals and punctuation underscored, -
and by deleting the words, numerals and punctuation struck through
as (follows :
SECTION 52: GUARANTEED REVENUES:
For the purpose of defraying the cost of maintaining reserve
capacity.in the water and sewer treatment plants, a developer shall
pay monthly for Guaranteed Revenues in an amount equal to the service
availability charge for water and sewer service for each equivalent
residential connection in accordance with the rate schedule of the
City as the same may be amended from time to time. These Guaranteed
Revenue payments shall commence six months after eeer�ten-e-e
Bevelegers-Agreement issuance by the City of _each building
unemit for the property covered b the Developers Agreement, e
its tor which the bulding permit was issued, but no
later than twenty four (24) months from the date o execution of the
Developers Agreement for all units, or upon issuance of a Certificate
of Occupancy for a unit whichever occurs first. A Developers
Agreementshall be executed no later than approval of a site plan
by the City.
Upon failure to pay the Guaranteed Revenues within fifteen
days of its due date and by the fifteenth day of the month for each
month subsequent to the first month due. City shall send Developers
a notice of delinquency by prepaid certified mail and failure of the
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Developer to make the Guaranteed Revenue payment in full within
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seven (7) days of the date shown on the notice shall constitute a
default by Developer, and as a
consequence
of such default,
any
reserved plant.capacity under
a Developers
Agreement shall
be at
rescinded and forfeited and any payments made to reserve such plant
capacity shall be applied against the outstanding invoices for
Guaranteed Revenues and contribution charges paid shall be liquidated
damages.due the City.
The requirement for the payment of Guaranteed Revenues shall
be a covenant running with the land and shall be a condition
precedent: to further service and binding upon the Developer, its
successors and assigns or subsequent owners holding by or through
the Developer.
SECTION 5: Section 58 of Tamarac Ordinance No. 80--35 is
amended by adding the words, numerals and punctuation underscored and
by deleting the words, numerals and punctuation struck through as
follows:
SECTION 58: DEVELOPER AGREEMENTS REQUIRED
No later than the time of site plan approval by the City Council,
the owner, builder or developer shall be required to execute a
"developer's agreement" running with the land and binding on
developer, its successors, assigns and any other subsequent owner of
the land, setting forth such reasonable provisions governing develope
and City responsibility pertaining to the installation of service
facilities; the interconnection of plumber's lines with the facilitie
of City; the manner and method of payment of contributions in aid
of construction; standards of construction or specifications;•time
commitments to "take and use water and sewer services"; engineering
errors and omissions; rules, regulations and procedures of City;
prohibitions against improper use of City's facilities; Guaranteed
Revenue provisions; and other matters normally associated with and
contained.in Developer Agreements. City may require that developer,
in addition to the contribution formulas set forth herein, bear the
cost of the preparation of developer agreements by independent couns
or persons qualified to draft and prepare such agreements. -,and that
developer 2ay a reasonable fee for review of the 21ans for the
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project to ascertain the im act of the project upon the offsite
water distribution or sewage collection system or both by theCity's
consulting engineer, in an amount determined by resolution of the
City Council. The En2ineering review charge shall apply only to
those Developer Agreements containing ten -or more-ERC's. Said
charge shall not exceed that amount normally to be contemplated for
such services. Developer Agreements shall only apply to specific
parcels of property and are not assignable or transferable in any
manner to any other parcel of property.
SECTION 6: Specific authority is hereby granted to codify
this ordinance.
SECTION 7: All ordinances or parts of ordinances in conflict
herewith are repealed to the extent of such conflict.
SECTION 8: Should any section or provision of this
ordinance or any portion hereof or any paragraph, sentence or word -be
declared by a court of competent jurisdiction to be invalid, such
decision shall not affect the validity of the remainder hereof as a
whole or any part hereof other than the part declared to be invalid.
SECTION 9: This ordinance shall become effective immediate)
upon its passage at First and Second reading.
PASSED FIRST READING this 21st day of May, 1980.
PASSED SECOND READING .this ZA//day of , 1980.
ATTEST:
CITY CLERK
I HEREBY CERTIFY that I have approved
the form and correctness of this
ORDINANCE.
CITY ATTORNEY
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MAYOR:
DISTRICT
DISTRICT
DISTRICT
DISTRICT
MAYOR
RECORD OF COUNCIL VOTE
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