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HomeMy WebLinkAboutItem V (C)2 Second Reading and Public Hearing Ordinance No 93-05, relating to the Sale of Water/Sewer Capacity AGENDA 4-20-93 Item V C 2 "CENTER OF GOOD LIVING-PRIDE OF WEST ORANGE" -•----- -• OcoeeS.SCOTT VANDERGRIF1 CITY OF OCOEE RCOMMISSIONERS S BioO ON vsi • a. 150 N.LAKESHORE DRIVE PAUL W.FOSTER O OCOEE,FLORIDA 34761 VERN COMBS .f) (407)656-2322 SAM WOODSON Gf G OOp CITY MANAGER ELLIS SHAPIRO MEMORANDUM TO: The Honorable Mayor and Board of City Commissioners FROM: Montye Beamer, Director of Administrative Services �%� ' 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 04 6 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 2 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 3 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. 4 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. 5 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 C:\WPSI\DOCSWADMIN\0030F 13/18/93 1 18W0151 DPB:jlh 6 The Orlando Sentinel NOTICE OF PUBLIC NEARING-CITY OF OCOEE Published Dail Notice is hereby given pursuant to Flor- y ida State Statute 186.041 that the Board $55.20 .of City Commissioners of the city of Ocoee will hold a public hearing in the Community Center located at 125 N. L&tate of, roriba a egah� Ocoee,Flheld during a regular session to be held on April 20 1993,at 7:30 p.m.,or as soon thereafter S.S. as possible, in order to consider the COUNTY OF ORANGE adoption of the following ordinance: ORDINANCE NO 93-05 AN ORDINANCE OF THE CITY OF JUANITA ROSADO OCOEE, FLORIDA RELATING TO Before the undersigned authority personally appeared CE CAPACI- TY AANDSALE FSEWER SEWATER RVICE CAPACI- who on oath says Ty; PROVIDING FOR SALE OF WA- that he/she is the Legal AdvertisingRepresentative of The Orlando Sentinel,a dailyTER SERVICE CAPACITY AVAILABLE P AFTER ONE YEAR FROM THE LAST newspaper published at ORLANDO in I ALLOCATION DATE; PROVIDING ORANGE County, Florida; FOR AN VDNG FOR APPLICATION OF WA - that the attached copy of advertisement,being a NOTICE' AF PllBLIC 44 TER SERVICE CAPACITY BY PAY- in the matter of ORD N O- 91-0; PCA- VIDI G PITAAL HANT OF RGES;PROWATERFOR SALE OF SEWER SERVICE CAPACI- ORANGE in the Court, TY AVAILABLE AFTER ONE YEAR FROM THE LAST ALLOCATION was published in said newspaper in the issue;of O4/tJA/yes DATE; PROVIDING FOR AN APPLI- CATION FEE;PROVIDING FOR RES- ERVATION OF SEWER SERVICE CA- PACITY BY PAYMENT OF REASONA- BLE SEWER CAPITAL CHARGES PROVIDING FOR SEVERABILITY Affiant further newspaper sa s that the said Orlando Sentinel is apublished at PROVIDING FOR CODIFICATION YPROVIDING AN Interested parties ORLANDO in said may appear at the meeting and be 0 GE County, Florida, heard with r of to 1h8 proposed copyproposed ordinance and t at the said newspaper has heretofore been continuously pulished in my be examined at City Hall,150 N. said ORINcF County, Florida, Lakeshore Drive, Ocoee, Florida, between the hours of 8:00 a.m.and each Week Day and has been entered as second-class mail matter at the post 5:0o p.m.,Monday ah h Friday. NOTICE:My person who desire to office in OR! ANDO in said appeal a isNabn made by Corn- ORANGE County, Florida, mission with respect to any matter will for a period of one year next preceding the first publication of the attached consideredt of to proceedingsmee copy of advertisement; and affiant further says that he/she has neither paid and that purpoes may to nor promised any person, firm or corporation any discount, rebate, the procssdkig is made,which re- commission or refund for the purpose of securing t advertiseme t for coed tides g tesmonyandsv- publication in the said newsp based. n which the appeal Is ere Jean Grafton.City Clerk The foregoing instrument was ac owledged beforelme this 9 day ofApril 8,1993 0134003 Apt-e,,993. APRIL , 19 93, by JUANITA ft � who is personally known to me and who did t e an th. � • (SEAL) BEVERLY C. SIMMONS r:CTARY My C.cmrn Exp. 3/10/97 yi PUBLIC Bounded By Service Ins 37'FaF 04.04-- No. (.' 2ec- 3839 I 1 ersuxoy Moon 1]OMha 1.4.