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HomeMy WebLinkAboutO-87-01ORDINANCE 0-87-01 AN ORDINANCE OF THE CITY OF SEBASTIAN, FLORIDA, RELATING TO THE PROVISION OF WATER AND/OR SEWER SERVICES TO THE CITY BY INDIAN RIVER COUNTY, FLORIDA; PROVIDING FOR THE iMPOSITION OF IMPACT FEES; PROVIDING FOR THE LEVY OF SPECIAL ASSESSMENTS; PROVIDING FOR THE LEVY OF SPECIAL ASSESSMENTS IN LIEU OF IMPACT FEES; AUTHORIZING THE CITY TO ENTER INTO CERTAIN iNTERGOVERNMENTAL AGREEMENTS; AND PROVIDING FOR AN EFFECTIVE DATE FOR THIS ORDINANCE. BE IT ENACTED BY THE CITY COUNCIL OF THE CITY OF SEBASTIAN, FLORIDA, THAT: ARTICLE I General SECTION 1.01 Authority for Ordinance. This Ordinance is enacted pursuant to Article VIII, Section 2, Florida Constitution (1968); Chapter 166, Florida Statutes (1986); the City Charter of the City of Sebastian; and other applicable provisions of law. SECTION 1.02 Definitions. When used in this Ordinance, the following terms shall have the following meanings, unless the context clearly requires otherwise: "Agreement" shall mean the Intergovernmental Agreement between the City and the County with respect to water and sewer services within the City. "Assessment" or "Assessments" shall mean any Special Assessments together with any Special Assessments in Lieu of Impact Fees. "Board" shall mean the Board of County Commissioners of Indian River County, Florida. "City" shall mean the City of Sebastian, Florida. "Council" shall mean the City Council of the City of Sebastian, Florida. "County" shall mean Indian River County, Florida. "Equivalent Residential Unit" or "ERU" shall, for purposes of this Ordinance, have the same meaning as set forth in County Ordinance 84-18, as amended and supplemented. "Franchise" shall mean the water and sewer services franchise granted to the County by Resolution R-87-6 of the City. "Impact Fees" shall mean any and all fees imposed by any ordinance in order to offset a portion of the capital costs of anticipated new demand on the System. "Improvements" shall mean the acquisition, construction, addition, oversizing, separating and equipping of the water and sewer system owned and operated by the County in order to provide water and/or sewer services to the City, or any part thereof, pursuant to the Franchise. "Services" shall mean the collection, transmission, treatment and disposal of sanitary sewage, and the distribution of water. "Special Assessments" shall mean assessments levied upon the abutting, adjoining, contiguous or other specially benefitted property pursuant to this Ordinance in order to defray all or a part of the costs of any improvements. "Special Assessments in Lieu of impact Fees" shall mean assessments in lieu of impact fees levied upon property, with the consent of the property owner, pursuant to this Ordinance. "System" shall mean the sanitary sewage collection, transmission, treatment and disposal system (such system to include collection lines, pumping stations, lift stations, force mains, manholes, sewage treatment plant and other appurtenances necessary and appropriate thereto) of the County, together with the water distribution system (such system to include water lines, wells, pipes, pumps, treatment facilities and other appurtenances necessary and appropriate - 2 - thereto) of the County for the purposes of providing adequate and sanitary sewage collection and disposal services, and the supplying of water. SECTION 1.03 Power of Council. Ail power and authority granted to the City by the provisions of this Ordinance shall be exercised by the Council or its successors, as the governing body of the City. ARTICLE II Impact Fees SECTION 2.01 Impact Fee, Expansion PolicM. This section establishes procedures to facilitate the orderly expansion of the System by the County and provides alternates for funding such expansion by those specifically benefitting thereby, by imposing a user charge which is reasonably calculated to offset a portion of the capital cost of the anticipated new demand on the System. The remaining capital cost shall be recouped through monthly charges. Certain necessary Improvements will have to be undertaken in order to provide a System to meet the needs of a large influx of new residents, industrial and business establishments anticipated to occur in future years. In order to finance these improvements, several combined methods of financing will be necessary, one of which is an Impact Fee. An Impact Fee is hereby imposed in order to offset the cost to the County of the necessary expansion of its System. The amount of Impact Fees have been established on the recommendation of the County's rate consultants. SECTION 2.02 Impact Fee Imposed. There is hereby imposed an Impact Fee in the Franchise Territory according to the following schedule, based on the equitable portion of the cost to the County of financing the extension of the System on each Equivalent Residential Unit responsible for creating the need for additional system expansion. The obligation to pay the Impact Fee shall occur at the earliest of the following dates: - 3 - When the capacity is reserved, when a water or sewer permit is granted, when a building permit is issued or when any connection to the System is made. Water Service ............... $1,140.00/ERU Sewer Service ............. $1,250.00/ERU If a building permit is issued for an existing non-residential, commercial or industrial connection which will increase demand on the System or if a building changes from residential to non-residential occupancy, the total number of Equivalent Residential Units for the old and new parts of the facility will be computed according to the definition of Equivalent Residential Units and Impact Fees shall be assessed on the difference. SECTION 2.03 Escalation of Impact Fees. The basis for the Impact Fees imposed has been structured with respect to two major but variable factors. First, the present level of construction cost of Improvements. Second, the theory of treatment facilities and their relative degree of treatment system sophistication as prescribed by the Florida Department of Health and Rehabilitative Services and the Florida Department of Environmental Regulation. The foregoing schedule of Impact Fees shall automatically escalate based upon increases in utility construction index published in the Engineering News Record magazine (ENR) (if ENR goes out of business, an equivalent index will be used). The City shall automatically adjust the Impact Fees set forth herein semi-annually with the first such adjustment to be not earlier than December 31, 1987. The automatic escalation shall not exceed the percentage difference between said construction cost index for the base period as compared with the period in review. SECTION 2.04 Escalation of plant capacity fee. Separate and apart from the automatic escalation provisions set forth above, the Utility Department -4- of the County may file with the Council a higher or lower Impact Fee schedule, and in support of that schedule, detail the reasons requiring such increased fees. Such reasons may include and be related to increasing standards of service; inadequate or incorrect estimates of the total anticipated fees versus the actual investment levels required by the County for the System; actual experience with regard to matters of service area density having a direct bearing upon Assessments received versus the cost of construction of Improvements; matters of net investment bearing upon rates and charges required of consumers and/or such other matters which may reasonably bear upon the needs, necessities or consideration requiring such change. SECTION 2.05 Use of proceeds. The proceeds accumulated by reason of the establishment of the Impact Fees can be used only for capital expenditures for the expansion of the County's System. The funds may be used for extending, oversizing, separating or constructing new additions to the treatment plant or collection and interceptor systems of the System so as to meet the increased demand which additional connections to the System create. Said proceeds may not be used for improving, updating or bringing the System into compliance with any change in law or other events which would other wise require such improving, updating or bringing the System into compliance. SECTION 2.06 ~ents. Ail Impact Fees paid to the City shall be, upon receipt, paid immediately to the County for deposit into Impact Fee trust fund(s) established by the County and shall be used by the County only for purposes of the expansion of the System. Any funds on deposit in such trust fund(s) which are not immediately necessary for the expansion of the System may be invested in the manner provided by law for the investment of surplus County funds. All interest earned on -5 - invested funds in the respective trust fund shall bear the same restrictions on expenditure as those funds which created the interest. ARTICLE III Special Assessments SECTION 3.01 Method of Proratin~ Special Assessments. Special Assessments against property deemed to be specially benefited by improvements shall be assessed upon the property specially benefited by the Improvements in proportion to the benefits to be derived therefrom, said special benefits to be determined and prorated according to the foot frontage of the respective properties specially benefited by the Improvements, or by such other method as the County may require the Council to prescribe by resolution. SECTION 3.02 Resolution Required to Declare Special Assessments. When the County determines to defray the whole or any part of the cost of any Improvements by Special Assessments, upon notice thereof, the Council shall declare by resolution the nature and location of the Improvements, the part or portion of the cost thereof to be paid by Special Assessments, the manner in which the assessments are to be made, when the Special Assessments are to be paid, and what part, if any, shall be paid from other available funds The resolution shall designate the lands upon which the Special Assessments are to be levied. In describing said lands it shall be sufficient to describe them as "all lots and lands adjoining and contiguous or bounding and abutting upon the Improvements or specially benefited thereby and further designated by the assessment plat with respect to the Special Assessments." The resolution shall also state the total actual or estimated cost of the Improvements. SECTION 3.03 Assessment Plat. At the time of the adoption of the resolution aforesaid, there shall be on file with the clerk of the City, an -6- assessment plat showing the area to be assessed. The assessment plat shall be open to inspection by the public. SECTION 3.04 Publication of Resolution. Upon the adoption of the resolution aforesaid, the City shall cause the resolution to be published one time in a newspaper of general circulation published in the County. SECTION 3.05 Assessment Roll. Upon the adoption of the resolution aforesaid, the Council shall have an assessment roll made in accordance with the method provided in the resolution. The assessment roll shall show the lots and parcels of land assessed and the assessment against each lot or parcel of land, and if said assessment is to be paid in installments, the amounts and due dates thereof. The assessment roll shall be completed and filed with the Council as promptly as possible. SECTION 3.06 Publication of Assessment Roll. Upon the completion of the assessment roll, the Council shall fix by resolution a time and place at which the owners of the property to be assessed, or any other interested persons, may appear before the Council and be heard as to the propriety and advisability of making the Improvements, if not already made, the cost thereof, the manner of payment therefor and the amount to be assessed against each property. At least ten days' notice in writing of such time and place shall be given to such property owners which shall be served by mailing a copy of such notice to each of such property owners at his last known address, the names and addresses of such property owners to be obtained from the records of the property appraiser, proof of such mailing to be made by affidavit of the clerk of the City, provided that failure to mail said notice or notices shall not invalidate any of the proceedings hereunder. Notice of the time and place of such hearing shall also be given by two publications a week apart in a newspaper of general circulation in the County. The last publication shall be at least - 7 - one week prior to the date of the hearing. The notice shall describe the streets or other areas to which the Improvements relate and advise all interested persons that the description of each property to be assessed and the amount to be assessed to each property may be ascertained at the office of the clerk of the City. SECTION 3.07 Equalizing Board. At the time and place named in the notice provided for in Section 3.06, the Council shall meet as the equalizing board to hear and consider any and all complaints as to the Special Assessments and it shall with the approval of the County adjust and equalize the Special Assessments on the basis of justice and right. When so adjusted, equalized and approved, the Special Assessments shall stand confirmed and shall remain legal, valid and binding first liens upon the property against which the Special Assessments were made, until paid in full. Upon completion of the Improvements, the Council shall credit to each of the Special Assessments the difference in the Special Assessment as originally made, approved and confirmed and the proportionate part of the actual cost of the Improvements to be paid by Special Assessments as finally determined, but in no event shall the final Special Assessments exceed the amount originally assessed. Promptly after confirmation, the Special Assessments shall be recorded by the clerk of the City in a separate book, to be known as the "Assessment Lien Book", and the record of the lien in this book shall constitute prima facie evidence of its validity. ARTICLE IV ~pecial Assessments in Lieu of Impact Fees SECTION 4.01 Special Assessments in Lieu of Impact Fees. In lieu of the Impact Fees imposed or by other applicable provisions of law, the Council, if requested by the County to do so, is hereby authorized to assess, by resolution, Special Assessments in Lieu of Impact Fees. Special Assessments in Lieu of Impact Fees shall be assessed against the properties with respect to - 8 - which Impact Fees would otherwise be imposed. A Special Assessment in Lieu of an Impact Fee shall only be assessed against a specific property with the consent of the owner of said property. Such consent shall be given in the manner prescribed by the County. In the event that consent is given with respect to a specific property, then the Impact Fee which would otherwise be imposed with respect to said property shall not be imposed, anything to the contrary contained in any ordinance or other provision of law notwithstanding. SECTION 4.02 Method of making Spe~! ~ssessme~p in Lieu of Impact Fees. The Council shall follow all of the notice, hearing and other procedures set forth in Sections 3.03, 3.04, 3.05 and 3.06 for Special Assessments for Special Assessments in Lieu of Impact Fees, as applicable and/or appropriate. SECTION 4.03 Hearin~ Required. At the time and place named in the notice provided for in Section 4.02, the Board shall meet to hear and consider any and all complaints as to the Special Assessments in Lieu of Impact Fees. After due consideration of any such complaints, the Council shall then approve by resolution the Special Assessments in Lieu of Impact Fees. When so approved, the Special Assessments in Lieu of Impact Fees shall stand confirmed and shall remain legal, valid and binding first liens upon the property against which they were made, until paid in full. Promptly after confirmation, the Special Assessments in Lieu of Impact Fees shall be recorded by the clerk of the City in the "Assessment Lien Book" referred to in Section 3.07, and the record of the lien in this book shall constitute prima facie evidence of its validity. ARTICLE V Priority of Lien; Legal Proceedingp, Etc. SECTION 5.01 Priority of Lien; Interest and Method of Payment. Assessments hereunder shall be payable at the times and in the manner to be specified by the County. Assessments shall remain liens, co-equal with the lien - 9 - of all state, county, district and municipal taxes, superior in dignity to all other liens, titles and claims until paid, and shall bear interest at a rate to be specified by the County and pursuant to resolution of the Council, or, if bonds are issued by the County to finance the costs of any Improvements, at a rate not to exceed two (2) percent above the rate of interest at which the bonds are sold. Assessments may, by the aforesaid resolution, be made payable in equal installments over a period not to exceed 20 years, to which, if not paid when due, there shall be added a penalty at the rate of one percent per month, until paid. SECTION 5.02 Legal Proceedings Instituted upon Failure of Propert~v Owner to Pay Assessment, Interest or Penalty when Due; Foreclosure; Service of Process. Each installment provided for in Section 5.01 shall be paid upon the dates specified by the County, with interest until the entire amount of the Assessment has been paid, and upon the failure of any property owner to pay any installment due, or any part thereof, or any interest or penalty, the Council shall cause to be brought the necessary legal proceedings by a bill in chancery or otherwise to enforce payment of the Assessments with all interest and penalties, together with all legal costs incurred, including a reasonable attorneys' fees, to be assessed as part of the costs and in the event of default in the payment of any installment of an Assessment, or any interest, the whole Assessment, together with the interest and penalties thereon, shall immediately become due and payable and subject to foreclosure. In any such foreclosure, service of process against unknown or non-resident defendants may be had by publication, as now provided by law in other chancery or other suits. The foreclosure proceedings shall be prosecuted to a sale and conveyance of the property involved in said proceedings as now provided by law in suits to foreclose mortgages, or any other applicable provision of law. - 10 - ARTICLE VI Connections SECTION 6.01 Connections to Water System Required. Where the same shall be available, the owner of every lot or parcel of land within the incorporated area of the City shall (except as limited herein) connect, or cause the plumbing of any buildings or structures thereon to be connected, with the franchised water system of the County upon the approval of the County and use such facilities within two (2) months following notification to do so by the Utility Department of the County. Ail such connections shall be made in accordance with the rules and regulations which shall be adopted from time to time by the Board which rules and regulations shall provide for a charge for making such connections in such amount as the County may fix and the Council approve by resolution. SECTION 6.02 Connections with Sewer System Required. The owner of each lot or parcel of land within the incorporated areas of the City upon which lot or parcel of land any buildings or structure used as a dwelling is now situated, or shall hereafter be situated, for either residential, commercial or industrial use, shall connect or cause such buildings or structures to be connected with the franchised sewer system of the County upon approval of the County, and use such facilities within two (2) months following notification to do so by the Utility Department of the County. Ail such connections shall be made in accordance with the rules and regulations which shall be adopted from time to time by the Board which rules and regulations shall provide for a charge for making any such connections in such amount as the County may fix and the Council approve by resolution. SECTION 6.03 Sewer Connections Require County Water Service. Ail connections to the franchised sewer system of the County shall be simultaneously connected to the franchised water system of the County, unless the water system - 11- is not available, as determined by the Utility Department of the County. No sewer service shall be provided without water service except as determined by the Utility Department of the County. SECTION 6.04 Exceptions. This Ordinance shall not be construed to require or entitle amy person to cross the private property of another to make any such sewer or water connection. SECTION 6.05 Connections Made BM County. If any such owner of any lot or parcel of land within the incorporated area of the City shall fail and refuse to connect with and use the System of the County if available and after notification by the Utility Department of the County, as provided herein, then the Utility Department of the County shall be authorized to make such connections, entering on or upon any such lot or parcel of land for the purpose of making ~uch connections. Charges for Services shall apply beginning twenty (20) days after notification by the Utility Department of the County to connect. The County shall thereupon be entitled to recover the cost of making such connection, together with accrued charges, interest and attorney's fees. In addition, and as an alternative means of collecting such costs or making such connections, the City, on behalf of the County, shall have a lien on such lot or parcel of land for such cost, which lien shall be of equal dignity with the lien of state and county and municipal taxes. Such lien may be foreclosed by the City on behalf of the County in the same manner provided by the laws of Florida for the foreclosure of mortgages upon real estate. ARTICLE VII Miscellaneous SECTION 7.01 Payments to CountY. The City shall immediately pay over to the County any and all amounts collected pursuant to this Ordinance, any rates, charges and fees for Services may be collected directly by the County; - 12- provided, however, tha~ the County may, at any time, require that said rates, charges and fees for Services be collected by the City. In the event such rates, charges and fees are collected by the City, all amounts collected shall be immediately paid over to the County. SECTION 7.02 Intergovernmental Agreements. The City is hereby authorized to enter into agreements with the County, whereby the County agrees to make Improvements within the City or any part thereof, or agrees to provide Services to the City, or any part thereof. The definitive form of such agreements shall be specified by resolution of the Council. If Bonds are issued by the County to finance any part of the cost of the construction or use of any Improvements, said agreements shall be for a duration of not less than the final maturity of any such Bonds. SECTION 7.03 No Referendum Required. No referendum or election in the City shall be required for the exercise of any of the provisions of this Ordinance, unless such referendum or election is required by the Constitution of the State of Florida. SECTION 7.04 No Impairment of Contract. The City will not enact any ordinance or adopt any resolution which will repeal, impair or amend in any manner the rights of the holders of the Bonds issued from time to time, by the County in connection hereunder. SECTION 7.05 This Ordinance Full and Supplemental Authority. This Ordinance shall, without reference to any other law of the State of Florida or the City, be full authority to the Council and the City to carry out and perform the powers set forth herein. This Ordinance shall not be deemed to repeal or supersede any general or special law or ordinance of the City relating to the subject matter hereof, but shall be considered as supplemental, additional and - 13- alternative authority to the Council and the City to carry out and perform the powers set forth herein. SECTION 7.06 Assessment Roll Sufficient Evidence of Assessment and Other Proceedings under this Ordinance; Variance Not Material Unless Party .Ob- jecting Materially Injured Thereby. Any information or irregularity in the proceedings in connection with the levy of any Assessment under the provisions of this Ordinance shall not affect the validity of the same where the assessment roll with respect thereto has been confirmed by the Council and said assessment roll as finally approved and confirmed shall be competent and sufficient evidence that the Assessment was duly levied, that the Assessment was duly made and adopted, and that all other proceedings in connection with the adoption of the said assessment roll were duly had, taken and performed as required by this Ordinance; and no variance from the provisions of this Ordinance shall be held material unless it be clearly shown that the party objecting was materially injured thereby. SECTION 7.08 §everability. The provisions of this Ordinance are intended to be severable. If any one or more sections, paragraphs, sentences, clauses or provisions shall be held to be illegal or invalid, the remaining sections, sentences, clauses and provisions of this Ordinance shall nevertheless stand and be construed as if the illegal or invalid sections, sentences, clauses or provisions had not been included herein. SECTION 7.09 Repealer. Ail other ordinances, resolutions or parts thereof in conflict with the provisions of this Ordinance are, to the extent of such conflict, hereby repealed. SECTION 7.10 Effective Date. This Ordinance shall take effect immediately upon its enactment. - 14- This Ordinance adopted after motion, second and roll call vote as follows: Mayor Harris Aye Councilman McCarthy - Aye Councilman Vallone - Aye Councilman Roth - Absent Councilman Rondeau - Absent DATED: January 14 , 1987. ATTEST: CITY OF SEBASTIAN, FLORIDA City Clerk Mayor, L. Gene Harris (SEAL) APPROVED AS TO FORM AND LEGAL SUFFICIENCY City Attorney, Thomas C. Palmer - 15 - STATE OF FLORIDA: COUNTY OF INDIAN RIVER: I, City Clerk of the City of Sebastian, Florida, do hereby certify that the above and foregoing is a true copy of: ORDINANCE 0-87-01 AN ORDINANCE OF THE CITY OF SEBASTIAN, FLORIDA, RELATING TO THE PROVISION OF WATER AND/OR SEWER SERVICES TO THE CITY BY INDIAN RIVER COUNTY, FLORIDA; PROVIDING FOR THE IMPOSITION OF IMPACT FEES; PROVIDING FOR THE LEVY OF SPECIAL ASSESSMENTS; PROVIDING FOR THE LEVY OF SPECIAL ASSESSMENTS IN LIEU OF IMPACT FEES; AUTHORIZING THE CITY TO ENTER INTO CERTAIN INTERGOVERNMENTAL AGREEMENTS; AND PROVIDING FOR AN EFFECTIVE DATE FOR THIS ORDINANCE. adopted by the City Council of the City of Sebastian, Florida in session on the 7~ day of January, 1987. WITNESS my hand and official seal this /9~ day of January, 1987, in the City of Sebastian, Indian River County, Florida. City Cl~k u, - 16-