HomeMy WebLinkAboutOrdinance 2003-35
ORDINANCE NO. 2003 - 35
AN EMERGENCY ORDINANCE OF THE CITY OF OCOEE,
FLORIDA, RELATING TO WATER AND SEWER CAPITAL
CHARGES; AMENDING SECTIONS 173-11.F AND 173-28.F OF
CHAPTER 173 OF THE CITY CODE TO ALLOW FOR THE
DIRECTOR OF PUBLIC WORKS TO DETERMINE THE TIMING
OF THE PAYMENT OF WATER AND SEWER CAPITAL
CHARGES PROVIDED THAT THEY ARE PAID NO LATER
THAN THE TIME OF ISSUANCE OF A CERTIFICATE OF
OCCUPANCY; FINDING THE EXISTENCE OF AN
EMERGENCY; PROVIDING FOR SEVERABILITY; PROVIDING
FOR CODIFICATION; PROVIDING AN EFFECTIVE DATE.
WHEREAS, the City has experienced a reduction in revenue from water and sewer
capital charges due to reserved water and sewer capacity being available from private parties
on more favorable terms than are currently allowed under the City Code for direct purchases
from the City; and
WHEREAS, the City Commission desires to amend the City Code to provide staff with
greater flexibility in negotiating the timing of payments by developers of water and sewer
capital charges.
NOW, THEREFORE, BE IT ENACTED BY THE CITY COMMISSION OF THE
CITY OF OCOEE, FLORIDA, AS FOLLOWS:
SECTION 1. Authority. 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 173-11.F of Article II of Chapter 173 of the Code of
Ordinances of the City of Ocoee, Florida, is hereby amended to read as follows:
006.307596.3
F. The water capital charge shall be paid in accordance with a schedule
agreed upon by the Director, but in no event later than the issuance of the
certificate of occupancy. The Director may require that, prior to the execution
by the city of the FDEP construction application, but in no event lat-er than the
issuance of the building permit a letter of credit in favor of the City be provided
to secure the obligations for payment of the water capital charges.
SECTION 3. Section 173-28.F of Article III of Chapter 173 of the Code of
Ordinances of the City of Ocoee, Florida, is hereby amended to read as follows:
F. The sewer capital charge shall be paid in accordance with a schedule
agreed upon by the Director, but in no event later than the issuance of the
certificate of occupancy. The Director may require that, prior to the execution
by the city of the FDEP sewer construction application but in no event later
than the issuance of the building permit, a letter of credit in favor of the City be
provided to secure the obligations for payment of the sewer capital charges.
SECTION 4. Emergency Ordinance. Pursuant to Section 166.041(3)(b),
Florida Statutes, the City Commission of the City of Ocoee hereby finds that an emergency
situation exists due to the need to react to competition from the private sector in order to
reduce the loss of revenue from water and sewer capital charges.
SECTION 5. 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 6. 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
006.307596.3
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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 7. Effective Date. This Ordinance shall become effective
immediately upon passage and adoption.
PASSED AND ADOPTED this .21i..Il day of September, 2003
ATTEST:
(SEAL)
FOR USE AND RELIANCE ONLY BY
THE CITY OF OCOEE, FLORIDA;
APPROVED AS TO FORM AND
LEGALITY
this ~ day of September, 2003.
::LV;;~
City Attorney
006.307596.3
APPROVED:
s
READ FIRST TIME AND ADOPTED
.s E P T E 1'41 fl a. 2.. , 2003
UNDER AGENDA ITEM NO. vrr.. r:.
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