HomeMy WebLinkAboutCity of Tamarac Ordinance O-1980-090Introduced by a1w
Temp. # 791
Rev. 9/10/80
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CITY OF TAMARAC, FLORIDA
ORDINANCE NO. d -FO O
AN ORDINANCE AMENDING SECTION NOS. 51 AND 52 OF ORDINANCE
NO. 80-35 AS AMENDED BY SECTION NOS. 2 AND 4 OF ORDINANCE
NO. 80-66, PERTAINING TO WATER AND SEWER CONTRIBUTION CHARGES
AND GUARANTEED REVENUE PAYMENTS BY CREATING A NE',' CONTRIBUTION
CHARGE PAYMENT OPTION FOR LARGE PROJECTS, AND BY MODIFYING
GUARANTEED REVENUE PROVISIONS FOR LARGE PROJECTS; Pf 'IDING
FOR CODIFICATION; PROVIDING REPEALER; PROVIDING FOR .yLVERABILITY
OF INVALID PROVISIONS; AND PROVIDING AN EFFECTIVE DATE.
BE IT ORDAINED BY THE CITY COUNCIL• OF THE CITY OF TAMARAC. FLORIDA:
SECTION 1: Section 51 of Ordinance No. 80-35 as amended by the seco
Section 2 of Ordinance No. 80-66 is further 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 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 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:
1. Developer pays an interest charge of $11.67 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 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, per month per number of
ERC's of that portion of the charge directly payable to the City.
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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 W inquency by
prepaid certified mail, and failure of the developer to make the i'terest 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.
The Citv Council recognizes that there may be certain subdivisions
which due to large size and the extended build out period that the size of the
project entails, cannot reasonably be expected to be anywhere near completion
after two years. Accordingly, the City Council upon application of a Developer
may vote to extend the period of time that a project will have to pay the con-
tribution charges for all ERC's upon the following conditions:
A.' The Developer enters into a written Developers Agreement
with the City wherein Developer agrees that:
(1) At least fifty -50) ERC's are to be paid for in full
at the time of execution of the Developers Agreement; and
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(2) No ERC's in excess of the number actually paid for in
advance, or for which interest charges are paid, -;hall be re-
served by the City for the project, and that Developer shall not
claim that the City is equitably estopped from refusing to issue
building permits, or seek damages of any sort against the City,
its agents or employees in the event capacity beyond the number
actually paid for in advance or for which interest charges are
paid is not available; and
(3) Developer, in addition to the fifty (50) ERC's paid
for at the time of execution of the Developers Agreement, shall
pay in full his contribution charge for at least an additional
one hundred (100) ERC's no later than one year from the date of
execution of his Developers Agreement, and for at least an
additional one hundred and fifty (150) ERC's no later than two
years from the date of execution of his Developer's Agreement,
and thereafter the contribution charges for at least an additional
one hundred and fifty (150) ERC's shall be paid for annually by
the anniversary date of the execution of the Developer's Agreement
until all contribution charges are paid. All contribution charges
due the City shall be paid in full no later than five (5) years
from the date of execution of the Developer's Agreement; and
(4) At the time of execution of the Developer's Agreement
and monthly thereafter until all contribution charges are.paid
or until there are contribution charges for less than three
hundred (300) ERC's owed (in which case there shall be interest
payments for the number of ERC's unpaid), Developer shall pay
interest charges for three hundred (300) ERC's at the applicable
rate set forth in paragraph 1 above; and
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(5) The provisions contained in paragraphs 2, 3, and 5
above shall be incorporated in the Developer's Agreement.
For example: A 800 unit project would pay its..Contribution Charge for the
first 50 units at the time of execution of its Developer's Agreement. At the
same time it would be in monthly interest payments for 300 ERC's (at that point
in time 350 ERC's would be reserved for the developer although a project of up
to 800 units had otherwise been approved).
At the end of the first year from execution of the Developer's
Agreement, Developer would have paid its Contribution Charge for 150 units,
and would be paying interest charges fo,,1 300 units. At that point in time
450 ERC's would be reserved.
At the end of the third year from execution of the Developer's
Agreement, Developer would have paid its Contribution Charge for 450 units,
and would be a in interest charges for 300 units. At that point in time
750 ERC's would be reserved.
At the end of the fourth year from execution of the Developer's
Agreement, Developer would have paid its Contribution Charge for 600 units,
and would be paying interest charges for 200 units. At that point in time
the entire 800 ERC's would be reserved.
At the end of the fifth year from execution of the Developer's
reement Developer would have paid its Contribution Charge in full..
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:
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METER SIZE RESIDENTIAL EQUIVALENCY FACTOR
1" 2.5
l" 5
2" S.
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.
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
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 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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SECTION 2: Section 52 of Ordinance No. 80-35 as amended
by Section 4 of Ordinance No. 80-66 is further 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 accord-
ance with the rate schedule of the City as the samemay be amended from time to
time. These Guaranteed Revenue payments shall commence six months after issuance
-by the City of each building permit for the property covered by the Developers
Agreement, for the units for which the building permit was issued, but no later
than twenty four (24) months from the date of execution of the Developers Agree-
ment for all units, or upon issuance of a Certificate of Occupancy for a unit
whichever occurs first.
For those projects proceeding under subparagraph 7 of Section 51'
of this Ordinance, Guaranteed Revenues shall commence; (1) six months after
issuance by the City of a building permit for all units covered by that permit,
or (2) two years after execution of the Developer's Agreement for those units
for which contribution charges have been paid at the time of execution of the
Developers Agreement and in addition, two years after interest payments on Con-
tribution Charges commence for those units initially reserved through the payment
of interest charges; or (3) upon issuance of a Certificate of Occupancy for
a unit, whichever occurs first. For example, usinq the 800 unit pro"ect set
forth in subparagraph 7 of Section 51 of this Ordinance, Guaranteed Revenue
payments would commence no later than two years from the execution of this
Agreement for the first fifty (50) ERC's paid for at the time of execution of
this Agreement and for the 300 ERC's reserved and for which interest a ments
are paid. At the end of the third year if no building permits were issued,
Guaranteed Revenue Payments would be for 450 ERC's. At the end of the fourth
year if no builidng permits were issued, Guaranteed Revenue Panments would be
for 600 ERC's. At the end of the fifth year if no building -mits were issued,
Guaranteed Revenue payments would be for 750 ERC's and at the end of the sixth
year from execution of the Developer's Agreement, Guaranteed Revenue_pay ments
would be for the 800 ERC's.
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A Developers Agreement shall 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 Developer to make the Guaranteed
Revenue payment in full within 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 automatically
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 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
its final passage. ,�
PASSED FIRST READING this Z- �,t day o
PASSED SECOND READING this�day o
ATTEST:
I HER CERT FY that I have approved
the form and correctness of this ORDINANCE
0-AP!
Kdi
IAi3v1
MAYOR:
DISTRICT
DISTRICT
DISTRICT
DISTRICT
RECORD OF COUNCIL VOTE ..
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