HomeMy WebLinkAboutOrdinance No. 17-1987MICROFILMED JUNE 89
ORDINANCE NO. 17 -87
AN ORDINANCE AMENDING CHAPTER 535, SEWER
IMPACT ASSESSMENT, OF THE CODE OF ORDINANCES
OF THE CITY OF CAPE CANAVERAL, BREVARD
COUNTY, FLORIDA, BY ESTABLISHING ADDITIONAL
CRITERIA FOR CALCULATING AND MODIFYING IMPACT
FEES; ALLOWING FOR FINANCING OF IMPACT FEES;
REPEALING ALL PORTIONS OF THE CODE IN
CONFLICT HEREWITH; PROVIDING AN EFFECTIVE
DATE.
BE IT ORDAINED by the City Council of the City of Cape
Canaveral, Brevard County, Florida, as follows:
SECTION 1. Section 535.02 is hereby repealed in its
entirety and replaced with the following:
Sec. 535.02 Payment of Assessments. The
assessments as set forth herein shall be payable prior
to issuance of a sewer permit and /or building permit,
except as provided in Subsections (A) and /or (B) below.
In the event the assessment should not be collected
prior to connection to the City sewer system and said
assessment is not paid in full by the thirtieth day
following that for which a billing has been rendered,
then an amount equal to five percent (5 %) of such
assessment due shall be added thereto as a late charge.
Upon failure of any user to pay for said assessment
within sixty (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 owed by him to the City on account of the
services shall have been paid in full. If such sewer
service is shut off as aforesaid, then before such
service shall be restored, the user thereof shall pay a
reinstatement fee in the amount of $75.00 in addition
to any other assessments and charges due. In addition,
and as an alternative means of collecting such
assessment, 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 Florida for the foreclosure of mortgages
upon real estate.
A. For those Industrial Establishments which the
City determines generate uncertain quantities of
wastewater into the system, the City shall calculate
the Impact Fee based on the quantity of discharge
actually introduced into the sewer collection system.
At the City's option, a flow meter to monitor the
quantity of discharge shall be installed at the user's
expense. The following method shall be used to
determine the impact fee:
1. An impact fee deposit of $10,000 shall be
paid by the user.
2. The total volume of effluent in gallons shall
be recorded for the initial period of six (6)
consecutive months following installation of the
aforesaid sewer line; and
ORDINANCE NO. 17 -87
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MICROFILMED JUNE 89
3. The six months total volume shall be divided
by the number of days in said six month period to
compute a daily average discharge through the sewer
line; and
4. The daily average discharge in gallons shall
be divided by four hundred (400) to establish the
number of units to be assessed at the cost of
$1,519.00 per unit (example: if the average daily
discharge is 800 gallons, the sewer impact
assessment shall be $3,038.00).
5. In the event the sewer impact assessment for
the first six months as calculated above exceeds the
$10,000 dollar initial deposit made, the user shall
pay the difference within fifteen days after written
notification to user of the required adjustment.
However, in the event the assessment as calculated
above does not exceed the initial deposit, the City
of Cape Canaveral agrees to reimburse the difference
to the user no later than thirty days after the
first six month monitoring period.
6. For each succeeding six month period of
volume of effluent outflow shall be measured. To
the extent that average daily effluent outflow in
any subsequent six month period exceeds that of the
initial six month period, an additional impact fee
for the excess shall be levied as calculated and as
provided for in Paragraph (3) and (4) above. Any
additional fee so calculated shall be paid to the
City within fifteen days of written notification to
user.
7. For the initial six month period only, if the
average daily effluent outflow is less than
initially projected, the City shall refund the
unused portion of the impact fee as set forth above.
For subsequent six month monitoring periods, there
shall be no refunds of impact fees, regardless of
effluent outflow volumes.
B. Sewer Impact Fees imposed by the City may, by
approval of the City Council, be collected over a
period of not more than one (1) year, provided that
twenty -five percent (25 %) of the fee is paid at the
time of issuance of a sewer permit, or issuance of a
building permit, with the remainder of the Fee to be
financed. The user shall execute and deliver a
promissory note in favor of the City of Cape Canaveral
to evidence said debt. This note shall bear interest
at a variable rate of three percent (3 %) per annum
simple interest in excess of the base rate. The base
rate is the prime rate of interest announced from time
to time as the prime rate in effect at the Barnett Bank
of Jacksonville, N.A. The variable rate of interest on
this note will be adjusted quarterly on the payment
date as the base rate changes, provided however, that
in no event shall the rate of interest exceed the
maximum allowed by law. [Ord. No. 10 -73, S3, 3 Apr. 73;
Ord. No. 4 -75, S2, 11 Mar 75; Ord. No. 17 -87, Si, 16
Jun 87]
ORDINANCE NO. 17 -87
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MICROFILMED JUNE 89
SECTION 2. Section 535.05 is hereby repealed in its
entirety and replaced with the following:
Sec. 535.05 Modifying Impact Fees. Any structure
or use of structure which is modified so that waste
water or sewage flow is increased beyond the amount the
initial impact fee was computed for, the Owner shall be
assessed additional impact fees in accordance with
Section 535.01. Credit shall be given for original
gallonage at the time of the previous Sewer Impact Fee
Assessment.
SECTION 3. All portions of the Code in conflict herewith
are hereby repealed.
SECTION 4. This Ordinance shall take effective immediately
upon its adoption.
ADOPTED by the City Council of the City of Cape Canaveral,
Florida this 16th day of June , 1987.
1
First Reading 5 -19 -87
Posted: 5 -20 -87
Acvert Esed: 5 -23 -87
.ti _.das3 e3 Hr : 6 -16 -87
NAME
YES
NO
HOOG
X
KIDD
X
LEE
Absen
MARCHETTI
X
MURPHY
X
ORDINANCE NO. 17 -87
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