HomeMy WebLinkAboutO-1983-007 1
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ORDINANCE NO. 7
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AN ORDINANCE OF THE CITY OF DANIA, FLORIDA,
ASSESSING AND LEVYING SANITARY SEWER AND
WATER IMPACT CONNECTION CHARGES ; PROVIDING
THE AUTHORIZATION FOR LEVYING SUCH CHARGES;
PROVIDING DEFINITIONS ; PROVIDING THE AMOUNTS
AND METHOD OF CALCULATING SUCH CHARGES ; PRO- f
VIDING FOR A SPECIAL ACCOUNT FOR DEPOSIT OF j
FUNDS COLLECTED AND RESTRICTIONS ON THE
EXPENDITURE OF SUCH FUNDS; PROVIDING FOR
SEVERABILITY AND CODIFICATION; 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IN CONFLICT HEREWITH BE REPEALED TO THE EXTENT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 AN EFFECTIVE
DATE RETROACTIVE TO JULY 13, 1976 .
WHEREAS, Section 2 (b) of Article VIII of the 1968
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Constitution of the State of Florida states: S
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"Municipalities shall have governmental,
corporate and proprietary powers to enable
them to conduct muncipal government, perform
municipal functions and render municipal
services, and may exervise any power for ?
muncipal purposes except as otherwise pro-
vided by law. " ; and
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WHEREAS, pursuant to said Section 2 (b) of Article VIII of
j the Constitution, the Legislature of the State of Florida enacted i
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1 Chapter 73-129, Laws of Florida, the Municipal Home Rule Powers f
39 Act, which became effective October 11 1973, and was codified as f
Chapter 166, Florida Statutes, as revised for clarity by Chapter
77-174 , Laws of Florida, to conform the original statute to the
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statutory revisors' editorilly inserted words and phrases in
Florida Statutes 1973; and
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WHEREAS, the Supreme Court of the State of Florida delivered
Cooksey v. Utilities Commission, 261 So. 2d 129, 130 (Fla. 1972) ,
3 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 f
and operate the necessary facilities. The
fixing of fair and reasonable rates for
utilities services provided is an incident
of the authority given by the Constitution
and statutes . . . " ; and
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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 E
law (or county charter) and to remove any limitations on the exer- f
cise 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 Contractors
and Builders Associationof Pinellas County v. City of Dunedin, Fla. ,
329 So. 2d 314, held that sewer and water connection fees are not
taxes and that under the Constitution, Dunedin, as the corporate
proprietor of its water and sewer systems, can exercise the powers
of any other proprietor and that municipal corporations have
" rate and proprietary powers" and may exercise
governmental, corpo
any power for municipal purposes, except as otherwise provided by
law and, further, that implicit in the power to provide municipal
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services is the power to construct, maintain and operate the
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jnecessary facilities , and that raising capital for future outlay
is a legitimate consideration in setting rates and charges ; and
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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
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time to time to accommodate these constantly increasing demands for
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such services, and that such expansion will require the expenditure of
large sums of money to fund the required new construction and the costs
and expenses related thereto; and
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WHEREAS, said engineers have recommended that the City make a s
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charge to all new users that will help alleviate and absorb the
impact caused primarily by such new users of said water and sanitary
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systems with such charges calculated so that such new users will
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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
i order to meet the need for additional sewer and water facilities
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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 THE
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CITY OF DANIA, FLORIDA:
fSection 1. That the foregoing recitals which show the
background, basis , premises , legal principles , legal authorities
i and beginning circumstances which have led the City Commission to
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adopt this ordinance are incorporated into and made a part of this
ordinance.
t 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
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1 2 . Acre : A tract of land containing 43 , 560 square
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j feet .
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3 . Unit : An Equivalent Residential Connection commonly
known and referred to as an ERC , which represents the consumption
of 350 gallons of water or sewerage g per day. '
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4 . Dwelling: A building or portion thereof designed
or used exclusively for residential occupancy by one ( 1) family.
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5 . Capital Improvements : The term capital improvements
1 shall mean the construction of new facilities for the purpose of
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extending, oversizing, separating, enlarging, expanding or other-
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wise altering or modifying the water and sanitary sewer systems k@;
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to increase the capacity of said systems to meet the increased
demands thereon caused by and directly related to the additional
users connected to the facilities , the costs of which shall
include engineering, legal and other professional fees directly
related to such capital improvements , but shall not in� elude f"
operational or maintenance costs of the systems .
Section 3_ That there is hereby charged , imposed and enacted
sanitary sewer and water impact connection charges which are
assessed against all new users (owners or developers) who shall t
connect to the sanitary sewer and/or water systems of the City
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' of Dania , Florida , which charges shall be as follows :
(a) Sanitary Sewer Impact Connection Charges
Acreage Impact Charge
$2 , 900. 00 per acre �
Unit (ERC) Impact Charge (Dwelling) $330. 00 per unit
(b) Water Impact Connection Charges
Acreage Impact Charge
- $1, 400. 00 per acre
Unit (ERC) Impact Charge (Dwelling) $180 . 00 per unit
(c) For uses other than dwellings , the unit
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(ERC) impact charges will be calculated by
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the following formulas :
(1) Dwellings,
Each Single Family Unit = 1 ERC
(2) Condominium:
i DU = 350 gpd = 1 ERC
(3) Motel :
200 Gpd/room I
200 gpd/pool ] = g°d = ERC
350 gpd/mgr. apt . gpd/ERC
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(4) Mobile Home:
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200 gpd/pace spaces j
350 gpd/ERC = ERC
(5) Office :
S . F. x . 2 d/S. F. = ERC
50 gp ERC
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(6) Retail :
1 gpd/S. F.
S .F. x 350 gpd/ERC - ERC
(7) Laundries :
400 d/machine x #machines = ERC
350 gpd ERC
(8) Bar :
20 d/seat x # seats = ERC
350 gpd ERC
(9) Restaurants :
24 hour-50 gpd/seat ]
(including bar) 1
]Less than 2 # seats 4 hour - ] x 350 gpd/E - ERC
30 gpd/seat ] j
(including bar) ]
(10) Theatres :
5 gpd/seat x 11 seats = ERC
350 gpd/ERC ff
(11) Assembly Hall : f
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2 d/seat x # seats = ERC
50 gp ERC
(12) Park:
10 d/ eson x # eo le - ERC
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50 gpd ERC
(13) Factories :
15 d/ erson/shift x 41 people x 11 shifts = ERC 1
350 gpd ERC
(14) Institutions :
100 gpd/person x # persons = ERC
350 gpd/ERC i
(15) Church:
7 d/seat x # seats - ERC
350 gp ERC
(16) Service Station :
500 gpd/set of pumps x 11 set of pumps = ERC
350 gpd/ERC
(17) Elementary School :
1.0 gpd/pupil x # pupils ]
5 gpd/shower/pupil x l d = ERC
# showers x pupil ] x 350 gp ERC
5 gpd/cafeteria/pupil x ]
;t pupils ]
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(13) High School :
15 gpd/pupil x # pupils ]
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5 gpd/shower/pupil x ]
# showers x pupil j - 350 gpd/ERC - ERC
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5 gpd/cafeteria/pupil x ] i
# pupil ]
(19) Hospital and Nursing Home :
200 gpd/bed x # beds ] gpd
100 gpd/staff x # staff ] 350 gpd/ERC - ERC
(2) Warehouse:
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1 gpd/S. F.
S. F. x 350 gpd/ERC - ERC
(d) Credit will be given for the dollar amount of
any sanitary sewer and/or water line assessment
previously paid by property connected to said
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(e) The above sanitary sewer and water impact con-
nection charges are in addition to all other
fees and charges for sanitary sewer and water I'I
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service imposed by other city ordinances .
(f) The calculations shall be based upon gross
acreage and total units .
Section 4 . That the City , in consideration of the foregoing
charges , shall provide sanitary sewer and/or water service to one k
point contiguous to property line of facility to be connected to ;(
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said system. The owner or developer of such property connecting
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to said system shall be responsible for the installation, at his
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sole expense , of all internal water distribution lines , sewage con-
nection 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 I
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sewer and/or water system is made or in the case of new construction
when the building permit is issued. If an owner or developer files �.
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a written requiest with the Building Official that the payment of
the above stated connection impact fees at the time the building
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permit is issued would create a severe hardship , then, in that
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event, said payments may be deferred until the final certificate
of occupancy is issued provided that such request for deferment is j
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first approved by the City Commission,
Section 6 . That all charges or assessments collected by vir-
tue of this ordinance shall be deposited in two (2) special and
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I separate accounts to be designated, "Water Impact Connection
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Charges Capital Improvement Account" and "Sewer Impact Connection
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Charges Capital Improvement Account", and expenditures from said
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special accounts shall be restricted to the construction of capital
improvements to the City ' s sanitary sewer and/or water systems such i
as the installation of collection, transmission and distribution
lines and the oversizing and enlargement of same ; enlargement of
and/or construction of new pumping, storage and treatment facilities
and other construction related thereto , such as manholes , lift sta-
tions and fire hydrants , all of which being directly related to the
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expansion and extensions of said systems necessitated by the impact
of new users being added to said utilities systems . In addition to
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the foregoing, said funds may be expended for the retirement of sani-
tary sewer and water capital improvement bonds , engineering and le-
gal expenses related to said improvements or to these accounts . I
The expenditure from the above said accounts of any sums for main-
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tenance, repairs , salaries 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
f shall be applicable to all connection impact fees (service charges)
II 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 I 1
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subject to the restrictions of Section 6 hereof ; all assessments
made and collected by virtue of said Ordinance No . 99 are hereby
ratified and affirmed in every respect.
Section 8. That if any section, sub-section, sentence,
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clause, phrase or portion of this ordinance is , for any reason,
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held invalid or unconstitutional by any court of competent juris-
diction , such portion shall be deemed a separate , distinct and
independent provision and such holding shall not affect the
validity of the remaining portions of this ordinance. l
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Section 9 . It is the intention of the City Commision and it
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is hereby ordained that the provisions of this ordinance shall
become and be made a part of the Code of Ordinances of the City
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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
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-� all 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
adoption.
PASSED AND ADOPTED on First Reading on the 12th day of
APRIL 1983
PASSED AND ADOPTED on Second and Final Reading on the 26th
day of APRIL 1983 .
07
MAYOR-COMMISSIONER
ATTEST:
DEPUTY CITY C RK DITOR
APPROVED FOR FORM
AND CORRECTNESS :
FRANK C . ADLER, City Attorney
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'�� NOTICE Oi NF APING
BEFORE CRY COMMISSION
CITY OL D4NIq, FLORIOq,
REGARDING ADOPTION
OL NOTICE PIS SE° ORDINANCE
THE SUN-TATTLER 191DO; ,,HEtdd,On V Mr, 2k
}Ns CRr Cemmlif el me Ch,
01 DOn10, FIO/lery On .p/11 }b
roll a S:vO Pm, or m loan
1ihfzrr of IM me^f1 TOY
M^eae,W I4 Conq,r,T a WOIIC
Established as The Hollywood Sun -January 4, 1935 hedm"a M oS C f cup."Ween
HOLLYWOOD. BROWARD COUNTY, FLORIDA DMIR, io riMI,7W
d.m CMrH,d,aTO
woeefed Pdodrlan on fond
rfodlno of do ordlnOnce
ONl,I",
"AN ORDINANCE OG THE CITY
OF DANIA. FLORIDA ASSESS 1
IHG AND LEVYING SAMIT AIRY
STATE OF FLORIDA SEWER ARD CH4RO IMPACT
CONNECTION CHAROES; PRP
COUNTY OF BROWARD FOR° THE LEVY'" R'ZSUCN
CHARGEk ROVIDING DEFINP
Before the undersigned authority personal) a noes; P&Rovl0lNc ,HE
y appeared Tr}1 i P Ra PPC AMOUNTS AND METHODS OF
Classified MaTIN
nacter C ,NGES.^PROVIDING FOR A
who on oath says (he/she) IS wEnAL accouer FOR of
AND RESTRICTTIISONS ON`TNE
of THE SUN-TATTLER, a daily newspaper published at Hollywood in Broward FUNDS;EXPENDPROVIDIITURENG oGFORru SEcN
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Notice ERARILITY AHD CODIFICA-County, Florida; that the attached copy of advertisement, beinga oN; AND PROVIDING THAT
Oftl ALL ORDINAORDINANCES OR PARTS
Hearing RESOLUTIONS°OR PARTSAL
RESOLUTIONS IN CONFLIOFL
CT
HEREWITH RE'REPEALE_ TO
in the matter of Litv of Dania THE E%TENt OF SUCH CON
FLICT; AHD PROVIDING
AN EFFECTIVE DATE RETROFOR
in the Ci Comm. R ACTIVE TO JULViJ
Room . CnC.�.On 11»Ihr=AId11U°0I
was published in said newspaper in the issue of Apri 1 19, 1983 w
DOnld Fkrldb dr10 mdY M Im
fllMfd OY NM PWIK &A"I"
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rmy MOIKIrq Ipy/y
InraMrw PatPif maY eepev
Affiantfurthersayslhat the saidSUN-TATTLERisanewpaper published atHall a 11ywoodin ;',Mo„d ah 4~1"O'd he„d".° r..dfcT ff ,he
said Broward County,Florida,and lhatthe said newspaper has heretofore been continuously AadnY°P'°e,afm„am`m,e,°.% . j
published in said Broward County,Florida,each week and has been entered as second class crCI 0dmdmlld."IZed,:gmRefird
matter at the post office in Hollywood in said County, Florida, for a period of one year next 'n°° IT
",„"a'^�;°�flderfd a mN
preceding the first publication of the attached copy of advertisement; and affiant further iaerdH AT hNgg Mr.,;w IN,"Or,d d
says that he has neither paid nor promised any person, firm or corporation any discount, ;�m:haa°e,dYlr°a in/eco/d
rebate,commission or refund for the purpose of securing this advertisement for ublication W^1tl`rec°rd'"d'°el�Me fib=
p monV dnd evlde,Kf upon y^Ic^In t said neWsp r. mf gil»IK If ,o he uAhi
H/ WANDA MULLIKIN, CITY
CLERK
lb 4 S-T AO/R U. TOIS pr.}q
Sworn to and subscritigo before me ��ii
this �' day of A. 19_rJ
NOTARY PUBLIC
(SLRL)°q K—LIC siAT' ILUKID,, AT LARGE
MY CO:d Ml SS 1U:I E.J;KS rn.R -,1 1965
9014DTD TMRJ G', 1,R'.L II IS . uNDEG:;:RITERS