HomeMy WebLinkAboutCity of Tamarac Ordinance O-1980-084Introduced by:
Temp. #797
Rev. 7/28/80
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CITY OF TAMARAC, FLORIDA
ORDINANCE NO.
AN EMERGENCY ORDINANCE AMENDING SECTION 51 OF ORDINANCE
80-35 AS AMENDED IN ORDINANCE 80-66 BY MODIFYING INTEREST
CHARGES FOR PROJECTS DEFERRING CONTRIBUTION CHARGE PAYMENTS;
SETTING FORTH BASIS FOR EMERGENCY; PROVIDING FOR CODIFICATION;
PROVIDING REPEALER; PROVIDING SEVERABILITY OF INVALID PRO-
VISIONS AND PROVIDING AN EFFECTIVE DATE.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF TAMARAC, FLORIDA:
SECTION 1: FINDING OF EMERGENCY
An emergency situation exists due •to: (1) a determination by staff
and consultants that work to be performed for the sewer system should be paid for
from wastewater contribution charges; (2) those charges are inadequate; (3) many
projects are awaiting approval; (4) no approvals can be given with inadequate waste-
water contribution charges; (5) the City Council will not have another regular
meeting prior to September 10th since the Tamarac City Charter provides that there
need be no Council meetings in August; (6) a six week delay in approval will do
immeasurable damage to projects pending in Tamarac including causing some
projects to miss a selling season; (7) interest charges for projects constructed
over a period of time must be modified to reflect increased contribution charges.
SECTION 2: Section 51 of Ordinance 80-35, as amended in ordinance
80-66, 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
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 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 charges for
residential projects may be paid in full at any time. However, a developer of
a residential project may defer payment of his contribution chary:::: 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 period of two years
from the date the first building permit is issued by the City for the property
which is the subject of the developers agreements subject to the following con-
ditions:
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1. Developer pays an interest charge of $11.67 $40769 p_er month per
number of ERC's contained in the Developers Agreement with payments one month
in advance. The obligation to pray interest commences on the date of final site
plan approval. These projects which are subject to a Developers Agreement with
Tamarac Utilities, Inc. executed on July 31, 1979 and which make a portion of
their Contribution Charge payments to Tamarac Utilities, Inc. shall be required
to pay interest to the City in the amount of $5.34 $4749 per month per number of
ERC's of that portion of the charge directly payble to the City.
2. No interest payment may be more than 15 days late. If
any interest payment 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 contribution charges
under a Developers Agreement shall be automatically forfeited and any payments
made as contribution charges shall be applied against the outstanding invoices
and shall be liquidated damages.
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 to the establishment of the increased charge.
4. At least twenty five percent (25%) of the ERC's for the
project are paid for in full within one year of the date that the first
building permit is issued by the City for the property 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.
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 folloying schedule:
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METER SIZE RESIDENTIAL EQUIVALENCY FACTOR
1" 2.5
5
2" B
Over 2" By Agreement
WATER SERVICE ONLY — SEWER SERVICE ONLY: In any instance
where either crater or sewer service alone is furnished without the
companion service the charges shall be as established by the City's
rate schedule.
These monies are to be treated as trust funds and may be used only
to pay for or offset.-Ahe 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 Qallons per day).
Commercial: All propprt*v devoted to industrial, business,
educational or other categories not residential in nature shall be
considered 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 gross1daily 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 tc such proposed commercial use. No commercial use shall
be less than one residential equivalent.
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SECTION 3: Specific authority is hereby granted to codify this
ordinance.
SECTION 4: All ordinances or parts of ordinances in conflict
herewith are repealed to the extent of such conflict.
SECTION 5: 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 6: This ordinance shall become effective upon adoption
or as quickly thereafter as provided by law.
PASSED FIRST REAOIfJG THIS 02iFay of O&A,1980
PASSED SECOND READING THIS day of ,19
MA R
ATTEST:
CITY CLERK
I HEREBY CERTIFY that I have approved the form
and correctness of this ORDINANCE
CITY ATTORNEY
MAYOR:
DISTRICT
DISTRICT
DISTRICT
DISTRICT
RECORD OF COUNCIL VOTE
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