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Home My WebLink AboutCity of Tamarac Ordinance O-2002-019Temp. Ordinance #1972 July 19, 2002 1 Revision 1, August 21, 2002 Revision 2, August 21, 2002 Revision 3, September 3, 2002 CITY OF TAMARAC, FLORIDA �1:Tr71,/10[N:11111101rew ' iI1YANK AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF TAMARAC, FLORIDA, AMENDING CHAPTER 22 ENTITLED, "UTILITIES", ARTICLE V ENTITLED, "WATER AND SEWER EXTENSION POLICY", SECTION 22-189 ENTITLED, "CONTRIBUTION CHARGES", DELETING REQUIREMENT FOR EXECUTION OF DEVELOPER'S AGREEMENT AT TIME OF SITE PLAN APPROVAL; REQUIRING CONTRIBUTION CHARGES FOR ALL PROJECTS TO BE DUE AND PAYABLE PRIOR TO ISSUANCE OF A UTILITIES PERMIT; AMENDING SECTION 22-190 ENTITLED, "GUARANTEED REVENUES", AMENDING REQUIREMENT FOR DEVELOPER'S AGREEMENT, REQUIRING EXECUTION PRIOR TO ISSUANCE OF A UTILITIES PERMIT; AMENDING SECTION 22-196 ENTITLED, "DEVELOPER AGREEMENTS REQUIRED", AMENDING REQUIREMENTS FOR DEVELOPER'S AGREEMENT TO REQUIRE EXECUTION PRIOR TO ISSUANCE OF A UTILITIES PERMIT, AND ELIMINATING ENGINEERING REVIEW CHARGES FOR DEVELOPER AGREEMENTS; PROVIDING FOR CODIFICATION; PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the Director of Utilities has reviewed Chapter 22 entitled, "Utilities", relating to Water and Sewer Developer Agreements and has identified delays in the site plan approval process due to the requirement of having an executed Water and Sewer Developer's Agreement prior to site plan approval; and CODING: Words in StFUGU threuo type are deletions from existing law. Words in underscored type are additions. Temp. Ordinance #1972 July 19, 2002 2 Revision 1, August 21, 2002 Revision 2, August 21, 2002 Revision 3, September 3, 2002 WHEREAS, based upon such review the Director of Utilities has determined that certain sections need to be amended or clarified requiring property owners, builders or developers to execute a Water and Sewer Developer's Agreement with the City prior to issuance of a Utilities Permit, not prior to site plan approval; and WHEREAS, the Director of Utilities and the Director of Community Development have determined that the proposed amendments to Sections 22-189(b), 22-190(b) and 22-196 of the City Code of Ordinances will expedite the site plan approval process; and WHEREAS, the City Commission of the City of Tamarac, Florida desires to update the City Code to reflect changes as proposed by the Director of Utilities; and WHEREAS, the Director of Utilities recommends approval of the proposed amendments to Chapter 22, Article V, Sections 22-189(b), 22-190(b) and 22-196 of the City Code of Ordinances; and WHEREAS, the City Commission of the City of Tamarac has deemed it to be in the best interests of the citizens and residents of the City of Tamarac to amend Chapter 22 entitled, "Utilities", Article V entitled, "Water and Sewer Extension Policy", Section 22-189(b) entitled, "Contribution Charges", Section 22-190(b) entitled, "Guaranteed Revenues", and Section 22-196 entitled, "Developer Agreements Required". CODING: Words in s#FUsk threwo type are deletions from existing law. Words in underscored type are additions. E Temp. Ordinance #1972 July 19, 2002 3 Revision 1, August 21, 2002 Revision 2, August 21, 2002 Revision 3, September 3, 2002 NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF TAMARAC, FLORIDA, THAT: SECTION 1: The foregoing "WHEREAS" clauses are hereby ratified and confirmed as being true and correct and are hereby made a specific part of the Ordinance upon adoption hereof. SECTION 2: Chapter 22 entitled, "Utilities", Article V entitled, "Water and Sewer Extension Policy", Section 22-189(b) entitled, "Contribution Charges" , Section 22-190 entitled, "Guaranteed Revenues", and 22-196 entitled, "Developer Agreements Required" of the City Code of Ordinances are hereby amended to read as follows: SECTION 22-189. Contribution charges. (b) The city requires, at the —time —ef site plan approva , an executed developer's agreement containing a provision setting forth the cost of all water and sewer, or either as applicable, contribution charges. Contribution charges for all projects shall be due and payable prior to issuance of a Utilities Permit nn later than +he tuna of final Site plan Si� � approval. Contribution charges 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 moneys are not to be treated as revenue to the utility. CODING: Words in S+r„GU throe type are deletions from existing law. Words in underscored type are additions. Temp. Ordinance #1972 July 19, 2002 4 Revision 1, August 21, 2002 Revision 2, August 21, 2002 Revision 3, September 3, 2002 SECTION 22-190. Guaranteed revenues. (b) A developer's agreement shall be executed prior to issuance of a utilities permit no later thaR approval of a site plaR by the Gity. The payment of guaranteed revenues required by that agreement shall commence six (6) months after the effective date of that agreement, if a plat for the property has been recorded with the county. If plat approval is still under review by the county, guaranteed revenues may commence one (1) year after the effective date of the developer's agreement. Guaranteed revenues shall be due for all units/ERCs assigned to the property unless otherwise specified by the developer's agreement. Upon failure to pay the guaranteed revenues within fifteen (15) days of its due date and by the fifteenth day of the month for each month subsequent to the first month due, the 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 the city shall have the right to exercise any of the following sanctions or penalties: SECTION 22-196. Developer agreements required. No -later th- --the +Rnae-ef site plan ,appFeyal by the-satPrior to issuance of a utilities permit the owner, builder or developer shall be required to execute a developer's agreement running with the land and binding on the developer, its successors, assigns and any other subsequent owner of the land, setting forth such reasonable provisions governing developer and city responsibility pertaining to the installation of service facilities; the interconnection of plumber's lines with the facilities of the 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 the city; prohibitions against improper use of the city's facilities; guaranteed revenue provisions; and other matters normally associated with and contained in developer agreements. The city may require that the developer, in addition to the contribution formulas set forth herein, bear the cost of the preparation of developer agreements by independent counsel or persons qualified to draft and prepare such agreements and that the developer pay a reasonable fee for review of the plans for the project to ascertain the impact of the project upon the off -site water distribution or sewage collection system or both by the city's consulting engineer, in an amount CODING: Words in stFwG!( thmugh type are deletions from existing law. Words in underscored type are additions. 1 Temp. Ordinance #1972 July 19, 2002 5 Revision 1, August 21, 2002 Revision 2, August 21, 2002 Revision 3, September 3, 2002 determined by resolution of the city commission. The engi o�eVfeN eharg Such 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 3: It is the intention of the City Commission and it is hereby ordained that the provisions of this Ordinance shall become and be made a part of the Code of Ordinances of the City of Tamarac, Florida, and that the Sections of this Ordinance may be renumbered or relettered and the word "Ordinance" may be changed to "Section", "Article" or such other word or phrase in order to accomplish such intention. SECTION 4: All Ordinances or parts of Ordinances and all Resolutions or parts of Resolutions in conflict herewith are hereby repealed to the extent of such conflict. SECTION 5: If any provision of this Ordinance or the application thereof to any person or circumstance is held invalid, such invalidity shall not affect other provisions or applications of this Ordinance that can be given affect without the invalid provision or application, and to this end the provisions of this Ordinance are declared to be severable. CODING: Words in S+r, Gk thre g type are deletions from existing law. Words in underscored type are additions. SECTION 6: passage and adoption. Temp. Ordinance #1972 July 19, 2002 6 Revision 1, August 21, 2002 Revision 2, August 21, 2002 Revision 3, September 3, 2002 This Ordinance shall become effective immediately upon its PASSED, FIRST READING THIS 11T" day of September, 2002. PASSED, SECOND READING THIS 25t" day of September, 2002. MARION SWTHENSON, CMC CITY CLERK I HEREBY CERTIFY that I have approved this ORDINANCE as to form. MITCHELL S. CITY ATTO NE JED/mg JOE SCHREIBER MAYOR RECORD OF COMMISSION VOTE: MAYOR SCHREIBER AYE/AYE DIST 1: V/M. PORTNER AYE/AYE DIST 2: COMM. MISHKIN AYE/AYE DIST 3: COMM. SULTANOF AYE/AYE DIST 4: COMM. ROBERTS AYE/AYE CODING: Words in E;tFUGU thrnu,,h type are deletions from existing law. Words in underscored type are additions. 1 1