HomeMy WebLinkAboutVI (D) 2. First Reading of Ordinances - Second Reading and Public Hearing will be held April 20, 1993 at 7:30 p.m - Ordinance No 93-05, relating to Water/Sewer Capacity Purchase f ,
I AGENDA 4-6-93
Item VI D 2
"CENTER OF GOOD LIVING-PRIDE OF WEST ORANGE" •-.,_.,..-�...u...a�.uivrrc
OCO-e S.SCOTT VANDERGRIFT
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' °_ CITY OF OCOEE RUST'off oN
P � � d 150 N.LAKESHORE DRIVE PAUL W.FOSTER
O OCOEE,FLORIDA 34761 VERN COMBS
Vey (407)656-2322 SAM WOODSON
44I P �f G 00��` CITY MANAGER
ELLIS SHAPIRO
MEMORANDUM
TO: The Honorable Mayor and Board of City Commissioners�r�,% '
FROM: Montye Beamer, Director of Administrative Services U'/ ��
DATE: March 25, 1993
RE: WATER/SEWER CAPACITY PURCHASE (ORDINANCE NO. 93- 05 )
Currently the Code of Ordinances allows the purchase of water
and/or sewer capacity only through advertised capacity sales
( "allocation date" ) . The only exceptions have been the individual
property owners who require less than twenty (20) ERU' s . Ordinance
No. 93- 05 allows the purchase of water and/or sewer capacity
(greater than twenty ERU' s) over the counter for the payment of (1)
an application fee of $500 to cover the costs of review and
development of all necessary agreements and (2) the applicable
capacity charges in effect at the time of payment .
City staff recommends the approval of this ordinance. The City
Attorney has reviewed and found it to be acceptable .
Action Requested
The Mayor and Board of City Commissioners adopt Ordinance No.
93- 05 and authorize the Mayor and City Clerk to execute .
MEB : f dg
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ORDINANCE NO. 93- 05
AN ORDINANCE OF THE CITY OF OCOEE, FLORIDA
RELATING TO SALE OF WATER SERVICE CAPACITY AND
SEWER SERVICE CAPACITY; PROVIDING FOR SALE OF
WATER SERVICE CAPACITY AVAILABLE AFTER ONE
YEAR FROM THE LAST ALLOCATION DATE; PROVIDING
FOR AN APPLICATION FEE; PROVIDING FOR
RESERVATION OF WATER SERVICE CAPACITY BY
PAYMENT OF REASONABLE WATER CAPITAL CHARGES;
PROVIDING FOR SALE OF SEWER SERVICE CAPACITY
AVAILABLE AFTER ONE YEAR FROM THE LAST
ALLOCATION DATE; PROVIDING FOR AN APPLICATION
FEE; PROVIDING FOR RESERVATION OF SEWER
SERVICE CAPACITY BY PAYMENT OF REASONABLE
SEWER CAPITAL CHARGES; PROVIDING FOR
SEVERABILITY; PROVIDING FOR CODIFICATION;
PROVIDING AN EFFECTIVE DATE.
WHEREAS, the City Commission of the City of Ocoee desires
to make any excess water service capacity which accrues during each
year following the last "allocation date" available for sale on a
first-come first served basis; and
WHEREAS, the City Commission of the City of Ocoee desires
to allow reservation of water service capacity by payment of
reasonable water capital charges; and
WHEREAS, the City Commission of the City of Ocoee desires
to make any excess sewer service capacity which accrues during each
year following the last "allocation date" available for sale on a
first-come first served basis; and
WHEREAS, the City Commission of the City of Ocoee desires
to allow reservation of sewer service capacity by payment of
reasonable sewer capital charges.
NOW, THEREFORE, BE IT ENACTED BY THE CITY COMMISSION OF
THE CITY OF OCOEE, FLORIDA, AS FOLLOWS:
SECTION 1. The City Commission of the City of Ocoee has
the authority to adopt this Ordinance pursuant to Article VIII of
the Constitution of the State of Florida and Chapter 166, Florida
Statutes.
SECTION 2. Section 173-41 of Article IV of Chapter 173
of the Code of Ordinances of the City of Ocoee, Florida, is hereby
amended to add subsections (D) and (E) which read as follows:
D. If, after one year following an "allocation
date, " no subsequent "allocation date" has
been scheduled and if water service capacity
is available, that water service capacity may
be sold on a first-come first served basis.
The first-come first served basis shall be
determined by the date and time the
application was received by the City. There
will be an application fee of five hundred
dollars ($500. 00) paid to the Finance
Department which shall reimburse the City for
review by the City Engineer and legal fees.
The application fee shall be retained on all
incomplete, erroneous, or withdrawn
applications. As each applicant is offered
the opportunity to purchase capacity, the
applicant shall pay one hundred percent (100%)
of the water capacity charges currently in
effect. An applicant shall be required to
enter into a developer's agreement which
includes but is not limited to payment of
revenue and maintenance fees, design,
construction and operation of on-site
facilities, allocation and provision of water
services capacity, assignments, and transfers.
E. Water Service Capacity may be reserved and
payment of water capital charges shall be
based on a reasonable estimate; provided,
however, that upon completion of final
engineering plan designs, the plan shall be
reviewed by the City Engineer for water
service capacity needs assessment and
recomputation of water capital charges shall
be accomplished. If the final engineering
plans indicate that a water service capacity
requirement in excess of the water service
capacity previously reserved is required,
additional water service capacity must be
reserved, if available, in accordance with the
allocation methods as may be amended from time
to time, and the applicant shall be required
to pay the additional capital charge in effect
at time of final engineering. Failure to pay
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the additional water capital charge shall
result in a forfeiture of any claim to the
additional water service capacity that may
have arisen hereunder. If an applicant
requires more water service capacity than is
allocated, it is the applicant's burden to
cause the proposed development to be modified
with regard to and subject to the limitations
of available water service capacity, and all
applicants shall state on the application form
that they understand that development plans
cannot be approved unless and until adequate
water service capacity is available and
allocated. All projects, whether residential,
non-residential or mixed, shall conform with
all applicable provisions of the Land
Development Code before being eligible for any
certificate of occupancy. Reservation of
water service capacity shall in no way
guarantee that the subject property will be
approved in any necessary review process or
for any permit or in any other approval
process. No rights of any nature shall vest
in any applicant except as expressly provided.
SECTION 3. Section 173-49 of Article V of Chapter 173 of
the Code of Ordinances of the City of Ocoee, Florida, is hereby
amended to add subsections (D) and (E) , which read as follows:
D. If, after one year following an "allocation
date, " no subsequent "allocation date" has
been scheduled and if sewer service capacity
is available, that sewer service capacity may
be sold on a first-come first served basis.
The first-come first served basis shall be
determined by the date and time the
application was received by the City. There
will be an application fee of five hundred
dollars ($500. 00) paid to the Finance
Department which shall reimburse the City for
the review by the City Engineer and legal
fees. The application fee shall be retained
on all incomplete, erroneous, or withdrawn
applications. As each applicant is offered
the opportunity to purchase capacity, the
applicant shall pay one hundred percent (100%)
of the sewer capacity charges currently in
effect. An applicant shall be required to
enter into a developer's agreement which
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includes but is not limited to payment of
revenue and maintenance fees, design,
construction and operation of on-site
facilities, allocation and provision of sewer
services capacity, assignments, and transfers.
E. Sewer Service Capacity may be reserved and
payment of sewer capital charges shall be
based on a reasonable estimate; provided,
however, that upon completion of final
engineering plan designs, the plan shall be
reviewed by the City Engineer for sewer
service capacity needs assessment and
recomputation of sewer capital charges shall
be accomplished. If the final engineering
plans indicate that a sewer service capacity
requirement in excess of the sewer service
capacity previously reserved is required,
additional sewer service capacity must be
reserved, if available, in accordance with the
allocation methods as may be amended from time
to time, and the applicant shall be required
to pay the additional capital charge in effect
at time of final engineering. Failure to pay
the additional sewer capital charge shall
result in a forfeiture of any claim to the
additional sewer service capacity that may
have arisen hereunder. If an applicant
requires more sewer service capacity than is
allocated, it is the applicant's burden to
cause his proposed development to be modified
with regard to and subject to the limitations
of available sewer service capacity, and all
applicants shall state on the application form
that they understand that development plans
cannot be approved unless and until adequate
sewer service capacity is available and
allocated. All projects, whether residential,
non-residential or mixed, shall conform with
all applicable provisions of the Land
Development Code before being eligible for any
certificate of occupancy. Reservation of
sewer service capacity shall in no way
guarantee that the subject property will be
approved in any necessary review process or
for any permit or in any other approval
process. No rights of any nature shall vest
in any applicant except as expressly provided.
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SECTION 4. Severability. If any section, subsection,
sentence, clause, phrase or portion of this Ordinance is for any
reason held invalid or unconstitutional by any court of competent
jurisdiction, such portion shall be deemed a separate, distinct and
independent provision and such holding shall not affect the
validity of the remaining portion hereto.
SECTION 5. Codification. It is the intention of the
City Commission of the City that the provisions of this ordinance
shall become and be made a part of the Code of Ordinances of the
City; and that sections of this ordinance may be renumbered or
relettered and the word "ordinance" may be changed to "chapter" ,
"section", "article", or such other appropriate word or phrase in
order to accomplish such intentions; and regardless of whether such
inclusion in the code is accomplished, sections of this ordinance
may be renumbered or relettered and the correction of typographical
errors which do not affect the intent may be authorized by the City
Manager, without need of public hearing, by filing a corrected or
recodified copy of same with the City Clerk.
SECTION 6. Effective Date. This Ordinance shall become
effective immediately upon passage and adoption.
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PASSED AND ADOPTED this day of , 1993 ,
APPROVED:
ATTEST: CITY OF OCOEE, FLORIDA
Jean Grafton, City Clerk S. Scott Vandergrift, Mayor
(SEAL)
ADVERTISED April 8 , 1993
READ FIRST TIME April 6 , 1993
READ SECOND TIME AND ADOPTED
, 1993 ,
UNDER AGENDA ITEM NO.
FOR USE AND RELIANCE ONLY BY
THE CITY OF OCOEE, FLORIDA
APPROVED AS TO FORM AND LEGALITY
this day of , 1993 .
FOLEY & LARDNER
By:
City Attorney
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