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HomeMy WebLinkAboutCity of Tamarac Ordinance O-1987-043M 13 I) 1 2 3 4 15 6 7 8 10 st 33 34 35 36 Temp. Ord. #1344 CITY OF TAMARAC, FLORIDA ORDINANCE NO. 0-87-_"Z� AN ORDINANCE AMENDING SECTION 27-35.1 OF THE CITY CODE REGARDING THE STATE OF FLORIDA WASTEWATER GRANT REVENUE GENERATION SYSTEM REQUIREMENTS FOR TAMARAC UTILITIES WEST; PROVIDING FOR. CODIFICATION; PROVIDING A REPEALER; PROVIDING FOR SEVERABILITY OF INVALID PROVISIONS; AND PROVIDING AN EFFEC- WHEREAS, the City of Tamarac is in the process of expanding its wastewater treatment plant facilities; and WHEREAS, the City of Tamarac is desirous of obtaining State of Florida Department of Environmental Regulation construction grant funding for a project affecting Tamarac Utilities West; and WHEREAS, there are certain financial requirements mandated by the State grant program. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF TAMARAC, FLORIDA: SECTION 1: That Section 27-35.1 OWest Utility Revenue Generation System requirements' is hereby amended to read as follows: '(a) The Water and Sewer Fund shall be structured so as to provide for a revenue generation system which shall include the user charge system required under Section 17-50.015(2)(1) or (j) of the Flor- ida Administrative Code established in the City's utility rate resolution and shall be designed to produce adequate revenue for the following: Operation and maintenance (including replacement of equipment, accessories, or appurtenances during the design life of all treatment works necessary to maintain design capacity and performance) of the sewerage system; and a sewerage system capital improvement account aC 1 2 3 4 5 to accumulate the equivalent future value of the grant amount adjusted for inflationary cost increases. For the purpose of this requirement, accumulation of the equivalent future value of the grant amount shall mean total revenue collections and appreciation of such amount. Sewerage system facility capital improvements shall not include the replacement or repair of equipment, accessories, or appurtenances necessary to maintain design capacity and performance during the design life of all treatment works. However, capital improvement may include such repair and replacement if they are part of a treatment plant unit process or pumping station capacity expan- sion, or upgrade necessary to meet more stringent effluent limitations required by a regulatory agency, or are necessitated as the result of man made or natural disasters. Deposits and with- drawals from the account shall be governed by the following provisions: (1) An annual deposit shall be made into the sewerage system capital improvement account not later than the end of each one year period, beginning with the date of initiation of operation of the complete grant funded treatment project in the following amounts: a. The project entitled "North west Network 24" Force Main and Pumping Station"., 53030 shall require an annual deposit of Fssty-e-�is�R�i two--Rundpwd---��ac�y--Ri�cza--Dad s6--mad twenty -"sea • Xhir.ty Nine u n uNin!tty Three 1411ars AnQ fifty-six ge is ($32,993.566) during the period of its forty (40) year design lifer b&sed 2n 9 antoyarg of a :PC 1 2' 3 4 r 5 8 9 10 11 12 13 14 15 16 17 1R .11 1 OR 34 35 36 ndred Twelve Thousand Seven 0 b.--+Fla-pao�aa€-oati�lod_-sludgo-Dawataxipg and--Eesswpest#ag "-s�iiii--sequins-afl-aAaual depes#t---e€--8#g�ty--�i#s3e-�kessaAd--�1#Ae $efl�ifed--€#ve--8eiiaf$--sad_--6iaty--€o�t� seats-��89-,98��6#}-dae#ng-tbe-�€€e-e€ #t$-twenty-���}_3raaa-daa#gA-�##Q� Q�----i�1e--pFC�QC#►--aH#r���od--- �DaOpWQ��e=—a�si�� fega4a4-as_aaAail-dapoa€t_of_oAQ_bn>zdtQd sixty-€4ve-t�eeesand--n#ne-ht�r►dred-s#�cty- twe--- deiiafs --- and --- th4fty-six--- eents ��i6bT96��r36}-dtsfing-t�,e-period--ef--its twenty -Year -design -life: (2) Prepayments to the account are allowable. (3) The City may terminate deposits to the account when the sum of all deposits exceeds or is equal to the following amounts: a. North West Network 24" Force Main and Pumping Station annual deposits may cease when the accumulated deposit ex- ceeds or is equal to ene--Mifiion-Six Hundred -Ninety -Thousand -Six -Hundred -Nine Boifara--end--39--eents-ffiT698T699:38}: one Million Five Hundred Ningty _Nine Thousand - Seven Hundred Forty �N Dollars and -forty cents (51.99,742.40) . b:--- Sludge-Hewatering-and-eomposting--aiyvai deposits--spay-cease-when-thee-aeemmulated deposit--exeeeds--or--is--equal--to-one Miiiian-Severe-Hundred-Ninety-Bight--Thvu- eend--9ree--Hundred--T♦reiQe--Hoiiars--and _....eighty-cents-4$17798TI12780}7 e---Beepw=-arnrcal dep&9-1%4r- anny-ecase a* -3- 1 2' 3 4 5 oqw-��--ta--tbsa4-�►�1h. A--�h�oo-b�R�r-e� a �ReteeR--�kret� sevrR----eie}}are---aa4�--- -twenty- aeats f3r3k9T347:39}: (4) The accrued funds shall be used only for sanitary sewerage system capital improvements as defined in paragraph (a) above, and may be withdrawn and used anytime for this purpose. The amount of withdrawn funds need not be re placed or returned to the capital improvement account. "Sewerage system" is defined as all municipal sanitary sewerage facilities. (5) The City shall submit to the State Department of Environmental Regulations' Bureau of Wastewater Management and Grants, for each fiscal year, certification by a certified public accountant that the sewerage system capital improvement account is maintained in accordance with Chapter 17-50, Florida Admin- istrative Code. (b) Annually, in conjunction with a regular utility bill, each user shall be notified of the rate charged for wastewater treatment services." fiJPJI!2NSpecific authority is hereby granted to codify this Ordinance. SECTION-1: All Ordinances or parts of Ordinances in conflict herewith are hereby repealed to the extent of such conflict. ,SECTION 4: Should any section or provision of this Ordinance or any portion thereof, 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 whole or any part hereof, other than the part declared to be invalid. SECTION 5: This Ordinance shall become effective immediately upon its final passage. n QC 1 2' 3 4 r 5 I 8 9 10 11 12 13 14 15 16 17 1R t s 1V 21 22 23 j i 24 i 25 26 27 28 29 30 0 33 34 35 36 lz�7 PASSED FIRST READING this day of -u G , 1987. PASSED SECOND READING this day of r 1987. ATTEST: CAROL E. BARBUTO CITY CLERK I HEREBY CERTIFY that I have approved this ORDINANCE as to form. 4y !� ttAKll M . K�LIIVUK AC:'ING CITY ATTORNEY 11910050385/t N " BERNARD HART MAYOR MAYOR: HART DIST. 1: C/M ROHR DIST. 2: C/M STELZER -� DIST. 3: C/M HOFFMAN DIST. 4: V/M STEIN W,?Zl- /1 7 ��y;i�, 7 n —5— 5811 NORTHWEST 88TH AVENUE TAMARAC, FLORIDA 33321 TELEPHONE (305) 722-5900 MAIL REPLY TO. P.O. BOX 25010 TAMARAC. F LORIDA 33320 September 21, 1987 COUNTY LIBRARIAN 100 South Andrews Avenue Fort Lauderdale, Florida 33301 Attention: Enclosed please find your copy from the CITY OF TAMARAC, the following item(s) for your files: ORDINANCE NO'S: 0-87-42, 0-87-43 If you have any questions, please do not hesitate to contact this office. Very truly yours, CITY OF TAMARAC Pat LaBello City Clerk's Office Ent. (._= ) AN EQUAL OPPORTUNITY EMPLOYER POLICY OF NONDISCRIMINATION ON THE BASIS OF HANDICAPPED STATUS 5811 NORTHWEST 88TH AVENUE TAMARAC, FLORIDA 33321 TELEPHONE (305) 722.5900 MAIL REPLY TO: P.O. BOX 25010 TAMARAC, FLORIDA 33320 September 21, 1987 Robert Laslie MUNICIPAL CODE CORPORATION P.O. Box 2235 Tallahassee, Florida 32304 Attention: Enclosed please find your copy from, the CITY OF TAMARAC, the following iterr.(s) for your files: ORDINANCE NO'S: 0-87-42, 0-87-43 If you have any questions, please do not hesitate to contact this office. Very truly yours, CITY OF TAt 14ARAC i Pat LaBello City Clerk's Office Enc. AN EQUAL OPPORTUNITY EMPLOYER POLICY OF NONDISCRIMINATION ON THE BASIS OF HANDICAPPED STATUS 5811 NORTHWEST 88TH AVENUE TAMARAC, FLORIDA 33321 TELEPHONE (305) 722.5900 MAIL REPLY TO: P.O_ BOX 25010 TAMARAC. FLORIDA 33320 September 21, 1987 Robert Ussery MUNICIPAL CODE CORPORATION P.O. Box 2235 Tallahassee, Florida 32304 Attention: Enclosed please find your copy from the CITY OF TAP;ARAC, the following item(s) for your files: ORDINANCE NO'S: 0-87-42, 0-87--43 If you have any questions, please do not hesitate to contact this office. Very truly yours, CITY OF TAMARAC Pat LaBello City Clerk's Office Enc. E,) AN EQUAL OPPORTUNITY EMPLOYER POLICY OF NONDISCRIMINATION ON THE BASIS OF HANDICAPPED STATUS 30. 4 on Second reading to amend Section 27-35.1 of the City Code ITEM #REF.- regarding the State of Florida Wastewater Grant Revenue y Generation System Requirements for TAMARAC UTILITIES WEST. DATE �q--5� TAPE SIDE # 67` VOTE: DISTRICT 2 - C/M STEL DISTRICT 3 - C/M HOFF. DISTRICT 4 - V/M STEI DISTRICT I - C/M ROHR, MAYOR HART MOTION BY' SECONDED BY: PRESENTED BY: ACTION REQUESTED: MAJOR SPEAKERS/PERTINENT DISCUSSION: ITEM # REF._ MOTION TO ADOPT Temp, Ord. 41344 on first reading to amend Section 27 35.1 of the City code regarding the State of Florida Wastewater Grant Revenue Generation System Requirements for TAMARAC UTILITIES WEST (tabled on ' 8/12/87). DATE (/g7 _ VOTE; DISTRICT 2 -- C/M STE: DISTRICT 3 — C/M HOF DISTRICT 4 -- V/M STE DISTRICT 1 — C/M ROH MAYOR HART /) MOTION BY: SECONDED BY: TAPE SIDE # PRESENTED BY: ACTION REQUESTED: MAJOR SPEAKERS/PERTINENT DISCUSSION: Introduced by: CITY OF TAMARAC, FLORIDA ORDINANCE NO. 0-87- Temp. Ord. #1344 AN ORDINANCE AMENDING SECTION 27--35.1 OF THE CITY CODE REGARDING THE STATE OF FLORIDA WASTEWATER GRANT REVENUE GENERATION SYSTEM REQUIREMENTS FOR TAMARAC UTILITIES WEST; PROVIDING FOR CODIFICATION; PROVIDING A REPEALER; PROVIDING FOR SEVERABILITY OF INVALID PROVISIONS; AND PROVIDING AN EFFEC- TIVE DATE WHEREAS, the City of Tamarac is in the process of expanding its wastewater treatment plant facilities; and WHEREAS, the City of Tamarac is desirous of obtaining State of Florida Department of Environmental Regulation construction grant funding for a project affecting Tamarac Utilities West; and WHEREAS, there are certain financial requirements mandated by the State grant program. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF TAMARAC, FLORIDA: SECTION 1: That Section 27-35.1 "West Utility Revenue Generation System requirements" is hereby amended to read as follows: "(a) The Water and Sewer Fund shall be structured so as to provide for a revenue generation system which shall include the user charge system required under Section 17-50.015(2)(i) or (j) of the Flor- ida Administrative Code established in the City's utility rate resolution and shall be designed to produce adequate revenue for the following: Operation and maintenance (including replacement of equipment, accessories, or appurtenances during the design life of all treatment works necessary to maintain design capacity and performance) of the sewerage system; and a sewerage system capital improvement account -1- A. to accumulate the equivalent future value of the grant amount adjusted for inflationary cost increases. For the purpose of this requirement, accumulation of the equivalent future value of the grant amount shall mean total revenue collections and appreciation of such amount. Sewerage system facility capital improvements shall not include the replacement or repair of equipment, accessories, or appurtenances 'necessary to maintain design capacity and performance during the design life of all treatment works. However, capital improvement may include such repair and replacement if they are part of a treatment plant unit process or pumping station capacity expan- sion, or upgrade necessary to meet more stringent effluent limitations required by a regulatory agency, or are necessitated as the result of man made or natural disasters. Deposits and with- drawals from the account shall be governed by the following provisions: (1) An annual deposit shall be made into the sewerage system capital improvement account not later than the end of each one year period, beginning with the date of initiation of operation of the complete grant funded treatment project in the following amounts: aT The project entitled "North West Network 24" Force Main and Pumping Station" - Grant Protect 753030, shall require an annual deposit of For-ty-Trwe--Trkau&and two--Huradr-ed---S twenty=thrree-Gents--k$42ra6 r� } Third Nine Thousand Nine Hundred Ninety Three Dollars_ and fifty-six cents ( $391993.566) during the period of its forty (40) year design life: based on grant award of -2- Five HundKgd Twelve us nd Seven Hundred Thikty Eight and-OOZIQO Dollars ($512,738,00). �a„--The-�a�e�est-en�.�t3ed--Hludge-Dewa�exing aad--Eet��est�sg "-s}�al�-�eq+�}tee-a�-a�s�a� depeslt--e�--E�g�it�*-_�T�ee-Theesasd----�I�ae �i�eelred--€lie--Della�e--aad--S��ty--€eu� ��.e-twenty-��s}-yeax-des�g�a-���e, s�---The--g�e�est--eat�tlesl---"Deepwel�"'-sha�� �eq���e-a�-auuual-depes�t-s�-ene.-buudxed twe--- dellars --- and----th4rty-siX--- eeats -f�lt��9b��3�}-deriflg-the-geriod--of--its twenty -year -design -life (2) Prepayments to the account are allowable. (3) The City may terminate deposits to the account when the sum of all deposits exceeds or is equal to the following amounts: a. North West Network 24" Force Main and Pumping Station annual deposits may cease when the accumulated deposit ex- ceeds or is equal to One--Million-six Hundred--Minety-Thousand-six-mandred-Mine Hod:lmrs--and--39---eente-{Ol;690;699:39}= Ong Million Five HundredNinety-Nine Thousand Seven Hundr d Forty Two Dollars and forty cents ($1,599,742.40). b: --- sludge-Hewatering-and-eampasting--annual deposits--may-eerie-when-the-aeeumalated deposit---e�eeeds--ez--is--egrxal--to--6rre Million-Seven-Hundred-Ninety-Eight-Thou- sand---8ne--Hundred--Twelve--Hoilars--and ....eighty-eeAts-{�1T798;11�:BB}: c : - - seepw�rt-a7mrnr�r �s_�r� - moray -eye-arse -�e.� tea �cw�l�t•ed..-d��aasi-t• --e-xreeas- ��- - -�� CRIC e N I t F 1 @�I nine€een--€hessand --€we--tnffdred--€erty_ seven----dell-aL-g---and----€wee€y---eent-B f3r315r24772LGY (4) The accrued funds shall be used only for sanitary sewerage system capital improvements as defined in paragraph (a) above, and may be withdrawn and used anytime for this purpose. The amount of withdrawn funds need not be re placed or returned to the capital improvement account. "Sewerage system" is defined as all municipal sanitary sewerage facilities. (5) The City shall submit to the State Department of Environmental Regulations' Bureau of Wastewater Management and Grants, for each fiscal year, certification by a certified public accountant that the sewerage system capital improvement account is maintained in accordance with Chapter 17-50, Florida Admin- istrative Code. (b) Annually, in conjunction with a regular utility bill, each user shall be notified of the rate charged for wastewater treatment services." SECTION2: Specific authority is hereby granted to codify this Ordinance. ,SECTION 3: All Ordinances or parts of Ordinances in conflict herewith are hereby repealed to the extent of such conflict. SECTION 4: Should any section or provision of this Ordinance or any portion thereof, 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 whole or any part hereof, other than the part declared to be invalid. SECTION 5: This Ordinance shall become effective immediately upon its final passage. -4- r r% PASSED FIRST READING this day of PASSED SECOND READING this day of ATTEST: CAROL E. BARBUTO CITY CLERK I HEREBY CERTIFY that I have approved this ORDINANCE as to form. A. BRYANT APPLEGATE CITY ATTORNEY 1191O050385/t BERNARD HART MAYOR 1987. 1987. 0•7C Er . AUG; 3 imps To AmpT Tap, oral11344 on first reading to amend Section 27-35.1 of the City Code regarding the State of Florida Wastewater Grant Revenue Generation System Requirements for TAMARAC UTILITIES WEST. DATE b' TAPE SIDE # ITEM # REF. ZZ DATE TAPE SIDE # 2 — C/M STELZER VOTE: DISTRICT DISTRICT 3 — C/M HOFFMAN DISTRICT 4 — V/M STEIN DISTRICT 1 — C/M ROHR MAYOR HART MOTION BY: — SECONDED BY: PRESENTED BY: ACTION REQUESTED: MAJOR SPEAKERS/PERTINENT DISCUSSION: r TAMARAC UTILITIES & ENGINEERING DEPARTMENT PROPOSED AGENDA ITEM ATTENTION: John Kelly, City Manager Approval Recommended Action Disapproved This proposed agenda item is being submitted for your approval and recom- mendation for City Council action on AUGUST 12 , 1987. Copies of this memo and backup have been coordinated with the City Clerk and Finance Department(if applicable) for inclusion on the City Council Agenda for their discussion and action. PROPOSED AGENDA ITEM Motion to City Council to review and approve an amendment to Code, Section 27-35-1, pertaining to Grant Revenue Generation System for Wastewater Pro- jects. _______________________________-_...__-_--_--_____---____-_________--______-- vrTRPn.qF DER has approved a draft of this Ordinance and they require an approved and executed copy before further grant money payment on Project No. 84-6. --------------------------------------------------------------------------- STAFF'S RECOMMENDATION Staff recommends Council approve on first reading of this Ordinance Amend- ment to Section 27--35-1. --------------------------------------------------------------------------- BACK-UP DATA Attached: X YES NO Under Separate Cover Submitted to Finance for a Check Request ---------------------------------- APPROVALS Submitted By: Date: �30 Peter rocopio Deputy Utilities Engineer Approved By: Date: B g William H. Greenwood Director of Utilities/Engineering AI.84-6.GR.AMND City ol Uallimcle MEND TO. FROM. DATE: SUBJECT: REFERENCE: INTER -OFFICE MEMORANDUM Carol Barbuto, City Clerk Lillian Marcus, City Clerks Office Sept. 2,1987 Publication Cost -Fort Lauderdale News/Sun Sentinel Applicant: City Of Tamarac Petition No: Public Hearing, Temp. Ord. # 1344 Publication Dates- 8/ 29/ 87 Cost: $64.32 Lillian Marcus City Clerks Office imp I§01Ilk,6, 032 WiW�}gy,yy�� S5giji'�1µ�x1�C] ;s - ��"'ro ,pr .GJaj E$ 10 LL G(n ~�•H!/jyEW�Sp�ryrOzu-9R B = " ,'y� k-W ()V tc WQ�7QZ�ZJ oo�^^fCJ&Za: Fs a ( .` C« 3 W d -LLO 3 p f 9� C Tiro v ►urc7 �[z— O� p`F..� � ° � U _ � 'Sao ° '8i 5� ni it �J E POLICY OF NONDISCRIMINATION ON THE BASIS OF HANDICAPPED STATUS AN EQUAL OPPORTUNITY EMPLOYER PUBLIC HEARING CITY COUNCIL OF TAMARAC, FLORIDA The following Ordinance has passed first reading by the City Council of the City of Tamarac, Florida: AN ORDINANCE AMENDING SECTION 27-35.1 OF THE CITY CODE REGARDING THE STATE OF FLORIDA WASTEWATER GRANT REVENUE GENERATION SYSTEM REQUIREMENTS FOR TAMARAC UTILITIES WEST; PROVIDING FOR CODIFICATION; PROVIDING A REPEALER; PROVIDING FOR SEVERABILITY OF INVALID PROVISIONS; AND PROVIDING AN EFFECTIVE DATE. TEMP. RD. #1344 The second reading and public hearing of this Ordinance will be held during a Regular City Council meeting on Wednesday, September 9, 1987, at or after 7:30 P.M. and will be con- sidered by the City Council in the order as it appears on the agenda. The Regular Meeting of the City Council will be held at City Hall, 5811 NW 88 Avenue, Tamarac, Florida 33321. Copies of this proposed Ordinance are available for viewing and purchase at the office of the City Clerk. Interested parties may appear to be heard with respect to this proposed Ordinance in accordance with Florida Statute #166.041. Pursuant to Section 286.0105, Florida Statutes If a person decides to appeal any decision made by the city Council with respect to any matter considered at such meeting or hearing, he will need a record of the proceedings and for such Purpose, he may need to ensure that a verbatim record includes the testimony and evidence upon which the appeal is to be based - Carol E. Barbuto City Clerk Publish: Fort Lauderdale News/Sun Sentinel Saturday, August 29, 1987 r pamw 2%1 =at-. 60.. an pW SHEET M0. Of CALCYLATEDSY DATE?` �.�• -- CHECKED BY DATE ■CAL[ DI STRI BU'TI DID LIST o.of Copie DEPAR7'tXNT OR PERSON RECEIVED BY 9�j�7 DATE / COUNCIL i .1 ►J - CAflF ENFOR['EMENT r I RENE ,. MASTER FILE CITY MANAGER FINANCE DIRECTOR FINANCE- SUPV. ACCOUNTANT PURCHASING POLICE DEPARTMENT- CHIEF .POLICE DEPARTMENT - JIM RECREATION DEPARTMENT PUBLIC WORKS DEPARTMENT FIRE DEPARTMENT TUW - ADMINISTRATION CODIFIER VAIL IMMEDIATELY_) Mun opal Code Corp.,PO 2235, Talla ssee 32304 bet Leslie n charge offuPP . 6) Robert Ussery (in charge of Codifica on) PERSONNEL 8e W964.4v%Fvv RDWARD CTY.PLANNINS COUNCIL LONER OR A S F� � GU ICANT William Markham pis S. Andes Ate_,_ Iau 115 S. Andma Ave., Am. 307 Pt. Z&Uft dale . FIa _ 33301__ 8519 W. I' dUab Rd. Tamarac 33 COPIED ." .I DISTRIBUTED 1