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904ORDINANCE N0,22, AN ORDINANCE REPEALING THOSE PARAGRAPHS OF SECTION 2 OF ORDINANCE 878 DEALING WITH WATER CONNECTION FEES AND SEWER CONNECTION FEES AND REESTABLISHING SAID FEES UNDER THIS ORDINANCE AS A HATER DEVELOPMENT CHARGE AND A SEWER DEVELOP- MENT CHARGE AND FURTHER PROVIDING FOR THE IMPLEMENTATION OF EACH CHARGE AND FURTHER PROVIDING FOR THE METHODS OF PAYMENT AND UTILIZATION OF FUNDS COL- LECTED THEREUNDER ANDPROVIDING ANEF- FECTIVE DATE THEREFOR. WHEREAS, the City of Edgewater has had the benefit of an auditors' study by May, Zima and Company and an engineers' study by Briley, Wild and Associates which form the basis for the establishment of the water connection fees and the sewer connection fees as set forth under Ordinance 878, and WHEREAS, the City Council of the City of Edgewater is desirous of reestablishing these fees, together with more complete guide lines and procedures for their implementation and utilization of said fees collected in accordance with this Ordinance. NOW, THEREFORE, BE IT ENACTED BY THE PEOPLE OF THE CITY OF EDGEWATER, FLORIDA: SECTION 1. That those paragraphs of Section 2 of ordinance 878 dealing with water connection fees and sewer connection fees are hereby repealed and reestablished as fees under this Ordinance as a water development charge and a sewer development charge. SECTION 2. That the City of Edgewater does hereby determine that it is necessary to impose an impact fee or water development fee of $200.00 per each single family dwelling unit. The connection charge for motels shall be in accordance with the description of a plumbing unit as provided in the Southern Stan- dard Building Code. SECTION 3. That the City of Edgewater does hereby determine that it is necessary to impose an impact fee or sewer development fee of $150.00 per each single family dwelling unit. The connection charge for motels shall be in accordance with the description of a plumbing unit as provided in the Southern Standard Building Code. SECTION 4. That said charges should be re-evaluated every year to assure a sound and fair assignment of charges to the consumers based on factors determined in said previously re- ferred to study. SECTION 5. Definitions A. A sanitary sewer system includes two broad categories of sub -systems which are: 1. Primary or sewage disposal system, and 2. Secondary or local collection system. The primary system is further subdivided into: collector sewers, interceptors, pump stations, force mains, treatment plants, and effluent disposal facilities. The local system includes house service and lateral sewers. A collector sewer is usually defined by govermental agencies as follows: "A collector sewer carries flows generated by two or more lateral sewers whether or not it also provides direct services to abutting properties." B. The water system includes two broad categories of sub -systems and they are: i. Primary System a. Wells and well pumps b. Raw water mains c. High service pumping d. Storage and repumping e. Treatment plant, and f. Transmission mains -2- 2. Secondary or Local Distribution System a. House services including metering b. Six inch and smaller water mains C. A family dwelling unit for the purpose of this Ordinance is defined as follows: Any structure within the City of Edgewater, Florida desioned for residential inhabitance, together with all Industrial and commercial uses within the City of Edgewater. This definition shall include but shall not be limited to the following: Singly family residents, apartment houses, mobile homes, trailers, factories, places of business, etc., which are connected directly or indirectly to the water works and sewer system of the City of Edgewater, Florida. SECTION 6. Purpose and Authority This article establishes procedures to facilitate the orderly expansion of the City's water supply system and waste water treatment system and provides alternatives for funding of such expansion by those benefiting thereby by imposing a user charge which is reasonably commensurate with the burden currently im- posed or reasonably anticipated to be imnosed on those systems. The City of Edgewater has determined that certain necessary Improvements will have to be undertaken in order to provide water supply and waste water treatment for the influx of new residents, industrial and business establishments anticipated to occur in future years. In order to finance these necessary capi- tal improvements, several combined methods of financing •ill be necessary, one of which is a development fee. The City Council has authority to establish a user charge, here- inafter called a "development fee" in order to pay for the neces- sary extension of the water and sewer systems. The amount of this development fee has been determined on the recommendation of the City's Consulting Engineers and as distilled through the process of public meetings. The City Council finds that after an examina- Lion of all methods of financing, the development fee is a neces- sary integral part of the financing of future water supply and -3- waste water systems in the City at this time, and that this fee should be reviewed on a regular basis in order to insure that it continues to reflect a charge that is reasonably com- mensurate with the burden currently imposed or reasonably anticipated to be imposed on community services. SECTION 7. Development Fee Imposed The impact or development fee will be due and payable upon installation of the water meter and permanent connection to the water distribution system and/or the sewer collection system, and all persons who have not completed the building unit for which a permit has been obtained and received that permanent connection by December 31. 1974 shall be subject to the fee. SECTION B. Time of Payment This development fee, for new construction, shall be due and payable at the time of the issuance of a temporary or final occupancy permit by the City on the unit so assessed. Fees for all existing units will be collected prior to the approval of the application far service for either water or sewer service. The development fee is comprised of two separate services, ie. water and sewer. In areas where only one of these services is available, the applicable fee shall be that established for the service provided. The applicable fee for the other service will become due when service is made available. SECTION 9. Use of Proceeds The proceeds accumulated by reason of the establishment of a development fee can be used nnly for the expansion of the pri- mary water system or the primary sanitary sewerage system. Said proceeds may not be used for improving, updating or bringing the present system into compliance with any change in laws brought about by reason of pollution control. -4. SECTION 10. Trust Funds Established There are hereby established two (2) trust funds, one designated as (1) "Development Fee Capital Improvement Trust Fund for the Expansion of Primary Water System", and (2)"Development Fee Capital Improvement Trust Fund for the Expansion of Primary Sewerage System". All development fees paid to the City shall be deposited in the appropriate Trust Fudd to be held in separate accounts and used only for the purposes of the expansion of the City of Edgewater's primary water supply system and the primary waste water treatment system. funds may be disbursed from these ac- counts in the customary manner in accordance with appropriate taw with the added requirement that the disbursal of such funds shall require the approval of the City Manager and the City Consulting Engineer. Any funds on deposit in the said Trust Funds which are not immediately necessary for expenditure may be invested in time deposits of banks or trust companies repre- sented by certificates of deposit fully secured as provided by law maturing in a period of eighteen (18) months or less. All such security shall be held by the depository bank, and all in- come derived therefrom shall be deposited in the applicable Trust Funds as hereinabove established. SECTION 11. If any provision, section, part, sentence or phrase of this Ordinance shall be held unconstitutional or invalid, all other provisions, sections, parts, sentences or phrases of this Ordinance not expressly so held to be unconstitutional or void shall continue in full force and effect. All Ordinances and parts of Ordinances in conflict herewith are hereby repealed. SECTION 12. This Ordinance shall take effect immediately upon its adoption by the City Council and approval by the Mayor at second reading. SECTION 13. The City Clerk is hereby directed to advertise this Ordinance as required by law. -5- The first reading of the above Ordinance was read in full and passed by vote of the City Council of the City of Edgewater, Florida at a regular meeting of said Council held on the 9th day of January , 1975 and approved as provided by law. The second reading of said Ordinance to be at a meetina of the City Council to be held on the L±day of �L"`v!n'' . 1975, roll call vote being as follows: _ M FIRST READING I 'ounc v nc m tnrrr�� I / SECOND READING ATTEM' �d k City Clerk Approved this q�day of �// D. 1976. or This Ordinance was prepared by: Joseph E. Weaver, City Attorney -6-