HomeMy WebLinkAboutOrdinance No. 09-2013 ORDINANCE NO.09-2013
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY
OF CAPE CANAVERAL, BREVARD COUNTY, FLORIDA,
AMENDING CHAPTER 78, ARTICLE II, DIVISION 3 OF
THE CAPE CANAVERAL CODE OF ORDINANCES
RELATED TO SANITARY SEWER SYSTEM IMPACT
FEES; REVISING SEWER IMPACT FEE ASSESSMENT
PROCEDURES CONSISTENT WITH THE FINDINGS AND
RECOMMENDATIONS SET FORTH IN THE CITY'S
SANITARY SEWER IMPACT FEE REPORT DATED
APRIL 2013; PROVIDING FOR THE REPEAL OF PRIOR
INCONSISTENT ORDINANCES AND RESOLUTIONS;
INCORPORATION INTO THE CODE; SEVERABILITY;
AND AN EFFECTIVE DATE.
WHEREAS, the City is granted the authority, under Section 2(b), Article VIII, of the
State Constitution, to exercise any power for municipal purposes, except when expressly
prohibited by law; and
WHEREAS, sanitary sewer impact fees allow the City to recover the costs of capacity-
related treatment and major transmission improvements installed and funded by the City; and
WHEREAS, the City currently imposes sanitary sewer impact fees on new development
and modified uses of structures increasing the original sewer impact caused by the use; and
WHEREAS, the City recently consulted with Raftelis Financial Consultants, Inc.
("Raftelis")to review the City's existing sanitary sewer impact fees and recommend appropriate
updates to the fee structure based on the City's current level of service, costs and capacity; and
WHEREAS, Raftelis prepared a Sanitary Sewer Impact Fee Report dated April 2013
("Report"),which comprehensively analyzes the City's sanitary sewer impact fee structure; and
WHEREAS, the City Council desires to update its sanitary sewer impact fees consistent
with the recommendations of the Report in order to more efficiently recover the costs associated
with the collection, transmission, treatment and disposal activities comprising the City's sanitary
sewer system; and
WHEREAS,the City Council believes that updating the City's sanitary sewer impact fee
schedule will promote increased economic activity within the City of Cape Canaveral by
reducing the financial burden the impact fees have on development and redevelopment activities;
and
WHEREAS, the City Council of the City of Cape Canaveral, Florida, hereby finds this
Ordinance to be in the best interests of the public health, safety, and welfare of the citizens of
Cape Canaveral.
City of Cape Canaveral
Ordinance No.09-2013
Page 1 of 5
NOW, THEREFORE, THE CITY OF CAPE CANAVERAL HEREBY ORDAINS
AS FOLLOWS:
Section 1. Recitals. The foregoing recitals are hereby fully incorporated herein by this
reference as legislative findings and the intent and purpose of the City Council of the City of
Cape Canaveral.
Section 2. Amendment to Chapter 78, Utilities. Chapter 78, Utilities, of the Cape
Canaveral Code of Ordinances is hereby amended as follows (underlined type indicates additions
and strikeout type indicates deletions, while asterisks (* * *) indicate a deletion from this
Ordinance of text existing in Chapter 78. It is intended that the text in Chapter 78 denoted by the
asterisks and set forth in this Ordinance shall remain unchanged from the language existing prior
to adoption of this Ordinance):
CHAPTER 78. UTILITIES
* * *
ARTICLE II. SANITARY SEWER SYSTEM
* * *
DIVISION 3. IMPACT FEES
Sec. 78-121. Established.
There shall be paid an assessment to defray the cost and expense of collection,
transmission, treatment and disposal of sewage and for necessary equipment, repairs,
replacement and additions and for any new sewer plant expansion for the city. Such assessment
shall be for the sewer system on all new construction and all structures initially connecting to the
city sewer system. The assessment schedule shall be as set forth in appendix B to this Code.
Construction, expansion or alteration of facilities on city-owned property shall not be subject to
the fees established by this division.
Sec. 78-122.—Payment.
The assessments as set forth in this division shall be paid by certified funds at the time of
issuance of a certificate of occupancy for such new construction,
78 123. Except as provided in section 78-34, a building permit shall not be issued unless a sewer
permit has been first obtained. The amount of the assessment shall be determined in accordance
with the rates established in section 78-121 in effect at the time a sewer permit is issued by the
city. A sewer permit shall not be issued until a city sewer main line is placed within 150 feet of
the applicant's property. If the assessment is not paid by the 30th day following that for which a
billing has been rendered, then an amount equal to five percent of such assessment due shall be
added thereto as a late charge. Upon failure of any user to pay for the assessment within 60 days
from being billed, the city shall shut off or cause to be shut off the connection of such user and
shall not furnish him or permit him to receive from the system further service until all obligations
City of Cape Canaveral
Ordinance No.09-2013
Page 2 of 5
owed by him to the city on account of the services shall have been paid in full. If such sewer
service is shut off pursuant to this section, then before such service shall be restored, the user
thereof shall pay a reinstatement fee in the amount as set forth in Appendix B to this Code in
addition to any other assessments and charges due. In addition [to], and as an alternative means
of, collecting such assessment, last late charges and penalties, the city shall have a lien on such
lot or parcel of land for which the sewer connection has been made, for which such lien shall be
of equal dignity with the lien of state and county and municipal taxes. Such lien may be
foreclosed by the city in the same manner provided by the laws of the state for the foreclosure of
mortgages upon real estate.
Sec. 78-123. -Excessive quantity of wastewater.
For those establishments which the city determines generate more than 10,000 gallon)
per day of wastewater into the system, the city shall calculate the impact fee based on the
• •
flow meter to monitor the quantity of discharge shall be installed at the user's expense. The
(1) An impact fee deposit of$12,700.00 shall be paid by the user;
(2) The total volume of effluent in gallons shall be recorded for the initial period of
(3) The six months' total volume shall be divided by the number of days in the six
(1) The daily average discharge in gallons shall be divided by 100 to establish the
number of units to be assessed at the costs of$2,032.00 per unit (example: if the average
daily discharge is 800 gallons, the sewer impact assessment shall be $1,064.00);
(5) If the sewer impact assessment for the first six months as calculated above
exceeds the $12,700.00 initial deposit made, the user shall pay the difference within 15
days after written notification to user of the required adjustment. However, if the
assessment as calculated above does not exceed the initial deposit, the city agrees to
reimburse the difference to the user no later than 30 days after the first six month
monitoring „a.
(1)(6) For each succeeding six month period the volume of effluent outflow shall be
measured- To the extent that average daily effluent outflow •- . . . - -
period exceeds the amount paid for impact fees, that of the initial six month period, an
additional impact fee for the excess shall be levied as calculated and as provided for in
subsections (3) and (1) of this division section. •.. .. . •. . .. . . . . .. .
City of Cape Canaveral
Ordinance No.09-2013
Page 3 of 5
2 - . - - .-- .- . . , - . _ _ . . _ ! , • -
.33 . _ - . . . . - . 3: . _ • • . • - . _ ._ :: , Tthere shall be no
refunds of impact fees, regardless of effluent outflow volumes.
* * *
Sec. 78-128. - Change of use.
For aAny structure or use of structure which is modified such that the sewer impact
assessment is greater than the amount collected : • • •
the owner shall be assessed additional impact fees in accordance with sections 78-121 and 78-
,
78 121.
* * *
Section 3. Repeal of Prior Inconsistent Ordinances and Resolutions. All prior
inconsistent ordinances and resolutions adopted by the City Council, or parts of ordinances and
resolutions in conflict herewith are hereby repealed to the extent of the conflict.
Section 4. Incorporation Into Code. This Ordinance and all Exhibits hereto shall be
incorporated into the City of Cape Canaveral City Code and any section or paragraph, number or
letter and any heading may be changed or modified as necessary to effectuate the foregoing.
Grammatical, typographical and like errors may be corrected and additions, alterations and
omissions,not affecting the construction or meaning of this Ordinance and the City Code may be
freely made.
Section 5. Severability. If any section, subsection, sentence, clause, phrase, word or
provision of this Ordinance is for any reason held invalid or unconstitutional by any court of
competent jurisdiction, whether for substantive, procedural or any other reason, 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.
Section 6. Effective Date. This Ordinance shall become effective 90 days after the date of
adoption by the City Council of the City of Cape Canaveral, Florida.
[SIGNATURE PAGE FOLLOWS]
City of Cape Canaveral
Ordinance No.09-2013
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ADOPTED,hy.thescity Council of the City of Cape Canaveral, Florida this 20th day of
4 ' }•
August 20.1r1„;
•
ROCKY RANDELS,Mayor
a For Against
, 7 r
ATTESI'Fi/2✓ ---v j1` John Bond Second
wE
ry� Bob Hoog
ANG LA APPER , City Clerk
Buzz Petsos Motion
Rocky Randels X
Betty Walsh x
First Reading: July 16,2013
Legal Ad published: July 25,2013
Second Reading: August 20, 2013
Approved as egal form and sufficiency
for the C. of I e Canaveral only by:
ANTHONY A. GARGANESE,City Attorney
City of Cape Canaveral
Ordinance No.09-2013
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