HomeMy WebLinkAboutO-1986-041 ORDINANCE NO. 41-86
AN ORDINANCE OF THE CITY OF DANIA
FLORIDA, AMENDING ORDINANCE NO. 7
REGARDING ASSESSMENT AND LEVYING
SANITARY SEWER AND WATER IMPACT
CONNECTION CHARGES ; AND PROVIDING
THAT ALL ORDINANCES OR PARTS OF
ORDINANCES AND ALL RESOLUTIONS OR
PARTS OF RESOLUTIONS IN CONFLICT
HEREWITH BE REPEALED TO THE
EXTENT OF SUCH CONFLICT ; AND
PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS , Section 2 (b) of Article VIII of the 1968 Constitu-
tion of the State of Florida states :
"Municipalities shall have govern-
mental , corporate and proprietary
powers to enable them to conduct
municipal functions and render
municipal services, and may exer-
cise any power for municipal pur-
poses except as otherwise pro-
vided by law, " and
WHEREAS , pursuant to said Section 2 (b) of Article VIII of
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j the Constitution, the Legislature of the State of Florida enacted
Chapter 73-129 , Laws of Florida , the Municipal Home Rule Powers
Act, which became effective October 1, 1973, and was codified as
Chapter 166 , Florida Statutes , as revised for clarity by Chapter
77-174, Laws of Florida, to conform the original statute to the
statutory revisors ' editorially inserted words and phrases in
Florida Statutes 1973 ; and
WHEREAS , the Supreme Court of the State of Florida delivered
Cooksey v. Utilities Commission, 261 So. 2d 129, 130 ( Fla . 1972 ) ,
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which , after quoting said Section 2 (b) of Article VIII , 1968
Constitution, unanimously held:
"Implicit in the power to provide
municipal services is the power
to construct , maintain and oper-
ate the necessary facilities .
The utilities services provided
are an incident of the authority
given by the Constitution and
statutes . . . . " ; and
WHEREAS , Section 166 . 021 (4 ) , Florida Statutes , explicates
the legislative intent to extend to municipalities the exercise
of those powers for municipal government spelled out in said
Section 2 ( b) of Article VIII of the 1968 Constitution unless
expressly prohibited by the Constitution or general or special
law ( or county charter) and to remove any limitations on the
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exercise of home rule powers , judicially imposed, or otherwise,
other than those powers so expressly prohibited ; and
WHEREAS, the Supreme Court of Florida in the case of Con-
tractors and Builders Association of Pinellas County v. City of
Dunedin, Fla. , 329 So. 2d 314, held that sewer and water connec-
tion fees are not taxes and that under the Constitution, Dunedin,
as the corporate proprietor and that municipal corporations have
"governmental , corporate and proprietary powers" and may exercise
any power for municipal purposes, except as otherwise provided by
law and , further, that implicit in the power to provide municipal
services is the power to construct, maintain and operate the
necessary facilities , and that raising capital for future outlay
is a legitimate consideration in setting rates and charges ; and
WHEREAS, the consulting engineers have recommended to the
City Commissioners that , in order to deal with the impact of new
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consumers being added to the water and sanitary sewer systems, it
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is necessary to expand, enlarge and extend said systems from time
to time to accommodate these constantly increasing demands for
such services , and that such expansion will require the expendi-
ture of large sums of money to fund the required new construction
and the costs and expenses related thereto; and
WHEREAS, said engineers have recommended that the City make
a charge to all new users that will help alleviate and absorb the
f impact caused primarily by such new users of said water and sani-
tary systems with such charges calculated so that such new users
will pay no more than their just and equitable share of such
capital expenditures and only to the extent that the additional
users require new facilities ; and
WHEREAS, the City Commission agrees with such recommendation
and finds that the imposition of such charges are necessary in
order to meet the need for additional sewer and water facilities
caused by the addition of such new users to the City ' s water and
sanitary sewer system.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF 'rHE
CITY OF DANIA, FLORIDA:
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Section 1 : That the foregoing recitals which show the back-
ground, basis, premises, legal principles , legal authorities and
beginning circumstances which have led the City Commission to
adopt this ordinance are incorporated into and made a part of
this ordinance .
Section 2 Definitions : For the purpose of this ordinance
certain terms and words are hereby defined . Words used in the
present tense shall include the future; the singular number shall
include the plural, and the plural the singular; said definitions
being as follows :
1 . City: The City of Dania, Florida
2 . Acre: A tract of land containing 43 , 560 square feet .
3 . Unit : An Equivalent Residential Connection commonly
known and referred to as an ERC, which represents the consumption
of 300 gallons of water or sewerage per day.
4 . Dwelling : A building or portion thereof designed or
used exclusively for residential occupancy by one ( 1) family.
1 5 . Capital Improvements : The term capital improvements
shall mean the construction of new facilities for the purpose of
extending, oversizing, separating, enlarging, expanding or other-
wise altering or modifying the water and sanitary sewer systems
to increase the capacity of said systems to meet the increased
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demands thereon caused by and directly related to the additional
users connected to the facilities , the costs of which shall
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include engineering , legal and other professional fees directly
related to such capital improvements, but shall not include oper-
ational or maintenance costs of the systems .
6. Equivalent Residential Connection ( ERC) : The flow gen-
erated by a standard single family dwelling which shall represent
three hundred ( 300) gallons per day (GPD) of water or wastewater
demand.
Section 3 . That there is hereby charged , imposed and en-
acted sanitary sewer and water impact connection charges which
are assessed against all new users (owners or developers ) who
shall connect to the sanitary sewer and/or water systems of the
City of Dania, Florida, which charges shall be as follows :
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(a) Sanitary Sewer Impact Connection Charges :
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Charge
Impact
Acreage Im 4 g p g $3 , 086 .00 per acre
Unit (ERC) Impact Charge $ 352 .00 per ERC
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(Dwelling)
(b) Water Impact Connection Charges
Acreage Impact Charge $2 , 949 .00 per acre
j Unit (ERC) Impact Charge $ 387 .00 per ERC
(dwelling)
( c) For uses other than dwellings , the unit ( ERC )
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impact charges will be calculated by the follow-
ing flow determinations obtained from Section
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27-5 . 053 of the Code of Regulations , Broward
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County Environmental Quality Control Board.
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1) Dwellings :
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Each Single Family Unit = 1 ERC
2) Condominium:
3 bedroom = 300 gpd = 1 ERC
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1 & 2 bedroom = 250 gpd = 0. 71 ERC
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3) Motel/Hotel :
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150 gpd per room
200 gpd per pool
350 gpd per mgr . apt .
4) Mobile Home :
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100 gpd per space
5) Office
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0. 2 gpd per square feet
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6) Retail :
0. 1 gpd per square foot
7) Laundries :
J 400 gpd per machine
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8) Bar ( no food service) :
20 gpd per seat
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9) Restaurants :
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24 hour-50 gpd per seat 1
I ( including bar) 1
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L� K
L 1 'Av
Less than 24 hours -
1 30 gpd per seat
( including bar )
10) Theatres :
5 gpd per seat
j 11 ) Assembly Hall :
2 gpd per seat
12) Park :
10 gpd per person
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13) Factories :
15 gpd per person per shift
14) Institutions :
100 gpd per person
15) Church:
7 gpd per seat
16) Service Station :
Full Service Station
First Two Bays - 750 gpd
Each Additional Bay - 300 gpd
Per Fuel Pump - 100 gpd
Self Service Station
Per Fuel Pump 50 gpd
17) Elementary School :
10 gpd per pupil
5 gpd per shower per pupil
5 gpd per cafeteria per pupil
18) High School :
15 gpd per pupil
5 gpd per shower per pupil
5 gpd per cafeteria per pupil
19) Hospital and Nursing Home :
200 gpd per bed
100 gpd per staff
20) Warehouse :
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0. 1 gpd per square foot
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d) Credit will be given for the dollar amount of any
sanitary sewer and/or water line assessment pre-
viously paid by property connected to said
systems .
e) The above sanitary sewer and water impact connec-
tion charges are in addition to all other fees
and charges for sanitary sewer and water service
imposed by other city ordinances .
f) The calculations shall be based upon gross acre-
age and total units . Lakes shall be included in
the gross acreage calculations .
Section 4. That the City in consideration of the foregoing
charges , shall provide sanitary sewer and/or water service to one
point contiguous to property line of facility to be connected to
said system or the City may require the owner or developer to
extend the water or sewer service to the property line and shall
credit the owner the cost of water and sewer line extension
A against the water and sewer connection charge . Water line
extensions shall be credited against water line connection
charges and sewer line extensions shall be credited against sewer
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line charges . The owner or developer of such property connecting
to said system shall be responsible for the installation, at his
sole expense , of all internal water distribution lines, sewage
connection lines, manholes, lift stations ( if required) and lines
along any new rights-of-way platted by owner or developer .
Section 5. That the foregoing assessments shall be paid to
the City at the time the permits for connection to the sanitary
sewer and/or water system is made or in the case of new construc-
tion when the building permit is issued. If an owner or devel-
oper files a written request with the Building official that the
payment of the above stated connection impact fees at the time
the building permit is issued would create a severe hardship,
then , in that event , said payments may be deferred until the
final certificate of occupancy is issued provided that such
request for deferment is first approved by the City Commission.
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Section 6 . That all charges or assessments collected by
virtue of this ordinance shall be deposited in two ( 2 ) special
jand separate accounts to be designated, "Water Impact Connection
Charges Capital Improvement Account" and "Sewer Impact Connection
Charges Capital Improvement Account" , and expenditures from said
special accounts shall be restricted to the construction of capi-
tal improvements to the City ' s sanitary sewer and/or water sys-
tems such as the installation of collection , transmission and
distribution lines and the oversizing and enlargement of same;
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enlargement of and/or construction of new pumping , storage and
treatment facilities and other construction related thereto, such
as manholes, lift stations and fire hydrants, all of which being
directly related to the expansion and extensions of said systems
necessitated by the impact of new users being added to said
utilities systems . In addition to the foregoing, said funds may
be expended for the retirement of sanitary sewer and water capi-
tal improvement bonds , engineering and legal expenses related to
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said improvements or to these accounts . The expenditure from the
above said accounts of any sums for maintenance, repairs , salar-
ies or other non-capital , or non-capital related, items is
expressly prohibited . The above related water impact connection
fund is to be used solely for improvements to the City' s water
system, and the sewer impact connection fund is to be used solely
for improvements to the City ' s sanitary sewer system in
accordance with and subject to the above recited restrictions .
Section 7: The provisions and requirements of the foregoing
shall be applicable to all connection impact fees ( service
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charges) heretofore collected pursuant to Ordinance No . 99 ,
passed and adopted on July 13 , 1976 , and the funds collected
thereunder shall become a part of the special accounts referred
to above and be subject to the restrictions of Section 6 hereof,
all assessments made and collected by virtue of said ordinance
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No. 99 are hereby ratified and affirmed in every respect .
Section 8 : That if any section, sub-section, sentence ,
clause , phrase or portion of this ordinance is, for any reason,
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held invalid or unconstitutional by an court of competent juris-
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diction , such portion shall be deemed a separate , distinct and
independent provision of such holding shall not affect the valid-
ity of the remaining portions of this ordinance .
Section 9 : 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 Dania and the sections of this ordinance may be renumbered to
accomplish such intentions .
Section 10 : That all ordinances and parts of ordinances and
resolutions or parts of resolutions in conflict herewith be
repealed to the extent of such conflict .
Section 11 . That this ordinance shall be in force and take
effect retroactively to July 13, 1976, upon its final passage and
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adoption except as to the increased charges , which shall take
effect upon its final adoption .
i PASSED AND ADOPTED on First Reading on the 9th day of
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September 1986 .
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PASSED AND ADOPTED on Second and Final Reading on 23rd day
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of September 1986 .
•OR-COM ISSIONER
ATTEST :
CITY CLERK AUDITOR
APPROVED FOR FORM
�AND CORRECTNESS :
l� (.�p wt,
FRANK C. ADLER, City Attorney
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NOTICE OR CITY y
fI` BEFORE CITY
/01',�� COMMISSION
/ / Uir , DANIA
FLOW
LOR1P A, OF THE
ALOWING OF THE.
1 FOLLOWING PROPOSED
THE SUN-TATTLER NOTICER IISSINEREBY GIV.
EH that Ina Clrr Orr,
Fur lee,'he
m SIE PI EE MBER
Established as The Hollywood Sun - January 4, 1935 1
0, 1906, of 800 Pm, ee
HOLLYWOOD, BROWARD COUNTY, FLORIDA can hereafter ee Iw l,i
ter net be.dare, ,I<om
Girl Comml.lon hearing lni '
j ,he Denla Cllr Neu. 100 !
'Well Dame Be. Boum-
laid, Danln, Fbrlae 1'
eaoollon on the
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STATE OF FLORIDA reeding of Inalurild o.ainanae
COUNTY OF BROWARD AN
AN ORDINANCE OF IHC
Jack D. Pate CITY OF DANI4. FLORI-
Before the undersigned authority personally appeared _ pA AMENDING owol.
NANCE NO I}0 AOOPF
ING SECTION II} Obl
who on oath says (he/she) is Classified Manager FLORIDA STATpleS
RELATIVE TO PLR DIEM
AND TRAVELING Lx-
PENSES OF PUBLIC OF-
of THE SUN-TATTLER, a daily newspaper published al Hollywood in Broward FILERS. EMPLOY'BS
County, Florida: that the attached co AND 'AND THAT P('R'
y copy of advertisement, being n Notice WWITHSTANIDINGG ,AND,
TO PROVIDE FOR FEIM-
Of Hearine BURSEME.NT OF LODC,
ING PLUS ST6 p0 Pr
DIEM FOR iHL LIIV
In the matter of COMM&"N,C,'5SIONF , I"' I
City of Dania , I7Y HORN, NE'
-- Lnr Al lo4 Nr AND
Ii,Pl�uckLOV PAVT-
n[hc Comin. Room vfLduhtt,i of "'Uhl � i
ALL RESOLUTIONS OR
was published in said newspaper in the issue of Sept, - '1 2 F 1996 PA CON FLICT TIE UTIONS'OF RESOL
EWITH
BE REPEALED TO THE
I EXTENT OF SUCH CON-
FLICT; AND PROVIDING
FOR AN EFFECTIVE
i Affiant further says that the said SUN-TATTLE11 is a newpaper published at Hollywood in DATE.
said Broward Cou
AN ORDINANCE. OF }rIL
nty. l'lorida,and that the said nea'spa per has heretofore been continuously CITY OF DANIA, FLOFI7
published in said Broward County, Florida,each week and has been entered as second class NANCEMNO p16 AMEND-
ING SUBSECTION U1.
matter at the post office in lollywood in said Coun[y,Florida, Jor a period of one ran'next sEcnSU e.SUBSECTION O.
PART III,AND SECIIOH},
preceding the first publication of the attached copy of a(;,,erhsEEvr Ei lt: and alflarn further ARTICLE S. PART XII OF
says that he has neither aid nor promised an ' person. firm or corporation an discount, THE CHARTER OF THE
.y p I } p p }' CITY OF DANIA, FLORI'
I rebate,commission Or refund for the purpose Of SL'CUrmg Ih15 adt'L'ftl5l'ml'OL for pu1)IICi1l10❑ E THE
CITY MANAGER TO PUR
In the saidnC WSpL VICES MATERIALS REND
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THE PURCHASE SUP•
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EXCESS
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this I-� day at "t I%� A.D. 19_�At AND PROVIDING FOR A
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I�pF IJ- • 1_ ` IJ LC NVARYPUFLIC $IA LE 9F 'E;F PLIES.PURCHASE OFS�.UP:
NY ('QNN I$$ION F%P, TERIALS AND EOUIP-
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ink• ). DITIONS OF EMERGEN-
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' ALL D ORDINANCES
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NANCES AND ALL li
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RESOLUTIONS IN CON-
FLICT HEREWITH BE
REPEALED TO THE EX-
T ENT OF SUCH CN-
( 'S• FLICT; AND PROVIDING
FOR AN EFFECTIVE
a DATE.
AN ORDINANCE OF THE.
�j CITY OF DANIA, FLORI-
DA,eTl`� NHG—ASSESTArE NETO AND
•� .n { LEVYING SANITARY
F SEWER AND WATER
PACT CONNECTION
CHARGES, AND PROVID-
ING THAT ALL ORDI-
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NANCES OR PARTS OF
ORDINANCES AND ALL
V 4- RESOLUTIONS OR PARTS
!' OF RESOLUTIONS IN
CONFLICT HEREWITH
EREPEALED IO THE
EXTENT OF SUCH CON-
FLICT; AND PROVIDING
FOR AN EFFECTIVE..N DATE.
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