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HomeMy WebLinkAboutCity of Tamarac Ordinance O-1980-090Introduced by a1w Temp. # 791 Rev. 9/10/80 1 2 3 4 5 1 8 9 10 11 12 13 14 15 16 17 1 20 21 22 23 24 25 26 27 28 29 32 33 34 35 36 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. 1 2 3 4 5 J 8 9 10 11 12 13 14 15 16 17 20 21 22 23 24 25 26 27 28 29 _1 32 33 34 35 36 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 I 1 2 3 4 5 8 9 10 11 12 13 14 15 16 17 20 21 22 23 24 25 26 27 28 29 I I 32 33 34 35 36 (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 3 1 2 3 4 c 8 9 10 11 12 13 14 15 16 17 20 21 22 23 24 25 26 27 28 29 32 33 34 35 36 (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: 4 0 1 2 3 4 8 9 10 11 12 13 14 15 16 17 J 20 21 22 23 24 25 26 27 28 29 I-1 32 33 34 35 36 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. 5 ■ ess�i 1 2 3 4 5 Ili 7 8 9 10 11 12 13 14 15 16 17 I1 � ICJ 20 21 22 23 24 25 26 27 28 29 �0 1 L 32 33 34 35 36 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. A 1 2 3 4 11) 8 9 10 11 12 13 14 15 16 17 r J 20 21 22 23 24 25 26 27 28 29 _0 L 32 33 34 35 36 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 .. 7