Loading...
HomeMy WebLinkAbout1980-21ORDINANCE NO. 80-21 AN ORDINANCE OF INDIAN RIVER COUNTY, FLORIDA, PRESCRIBING A UNIFORM METHOD OF DETERMINING THE COST OF EXTENSION OF MAINS FOR SANITARY SEWER AND/OR WATER SERVICE IN A FAIR AND REASONABLE MANNER; PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, Indian River County, Florida, owns, operates and maintains water treatment and distribution and sewage collection, treatment and disposal systems; and WHEREAS, new development may require extension of the mains to provide service, or Indian River County may have already provided mains for the service thereof; and WHEREAS, the costs of providing the main extension is to be borne by the property owners, builders and developers ("Developer") within the service area to defray or partially defray the costs of on-site water distribution and sewage collection system; the allocable share of off-site water distribution and sewage collection system; and allocable shares of hydraulic load. The Indian River County declares that this Ordinance has as its goal, the establishment of a uniform method of determining an availability charge so that all such contributions shall be non-discriminatory amongst consumers in the area and shall be applied as nearly as possible with uniformity to all consumers and prospective consumers within the service area. This Ordinance is subject to economic feasibility pertaining to any proposed extension complying with the master plan and provision for debt service; and WHEREAS, it is the obligation of Indian River County to pay certain loans, interest, and debt service for previous utilities under certain specified documented development and main extension agreements as part of the existing systems owned and operated by Indian River County; and WHEREAS, it is the intent of the County in adopting this Ordinance to comply with previous loan requirements and Franchise Agreements and not to duplicate or add charges where they have been previously paid, previously specified or previously com- mitted; however, it is the intention of the County to require the payment of contributions in aid of construction as formulated in this Ordinance by all developers and it is further the intent of the County that all such cash payments as received are to be deposited to the Fund for Water and/or Sewer Main Hydraulic Capacity or its debt service. NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA, that the following methods of determining the cost for contributions in aid of construction portion of the availability charges for service within the combined and -consolidated water and sewer systems of Indian River County: Section 1. WATER AND SEWER EXTENSION POLICY. The County requires the contributions in aid of construction preferably through the installation of water dis- tribution and sewage collection facilities by developer, with title to such facilities being transferred to the County when the installation has been completed. The facilities are "on-site" and "off-site" as defined in this Ordinance. The requirement for such contributions is for the purpose of defraying the cost of the water distribution and sewage col- lection systems and to partially defray the cost of the hydraulic share of the systems. The payment by the Developer of such contributions to the County shall be a condition precedent to the execution of permit applications to the Department of Environmental Regulation. Section 2. ON-SITE FACILITIES. Each Developer shall be responsible for the design, installation, inspection and testing of the complete water distribution and sewage collection systems located in the street or streets adjoining or within the boundaries of Developer's property. The term "complete water distribution and sewage collection systems" as used herein, shall include all component parts of a water distribution system, including valves, fittings, -2- laterals, hydrants and all appurtenances as shown upon the approved design of such water distribution system and all the component parts of the sewage collection system including all collection lines, manholes, force mains, lift or pumping stations, including the site for same, and all other appurtenances as shown on the approved design for the installation of such sewage collection system. Section 3. OFF-SITE WATER DISTRIBUTION AND SEWAGE COLLECTION SYSTEMS - HYDRAULIC SHARE. The location, size or proposed density of Developer's property may make service to such property dependent upon the extension of "off-site" water distribution and sewage collection facilities. For the purpose of this Ordinance, the term "off-site" shall be defined as those main water transmission lines, sewage collection lines, sewage force mains and/or pumping stations necessary to connect Developer's property with facilities of the County adequate in size to transmit to Developer's property, an adequate quantity of water under adequate pressure and/or transmit sewage collected on Developer's property to the treatment plant or disposal site of the County. It is the County's policy to apportion the cost of main transmission and collection lines and pumping stations pro rata against the properties receiving service from such main transmission lines located "off-site" as to Developer's property. Since each Developer draws from the hydraulic capacity of such lines, the County will require that Developer pay his property's hydraulic share of the cost of the "off-site" main transmission and collection facilities through which service is rendered to Developer's property. This portion of the County's Ordinance is referred to as Developer's hydraulic share of off-site facilities. The County further declares that the charge for Developer's share of off-site facilities will be applicable to Developer's property whether or not the main transmission lines and/or pumping stations on a fair share basis, irrespective of whether such transmission lines and pumping stations have been previously constructed or are proposed to be constructed. -3- The County further declares that the "contributions in aid of construction" is not to be confused with the "Plant Capacity Charges", which is covered by County Ordinance No. , which Ordinance covers charges only for the hydraulic load portion of the capacity of the treatment plants. The County further declares that no development or property owner shall have a vested right to be connected by paying the formulated "contribution in aid of construction" , set forth below, when said payments are insufficient to pay the costs of utility improvements that directly benefit the Suh-jest property. All extensions or improvement of utility facilities must be economically feasible to County and subject to County's utility ability. The "contributions in aid of construction" charge shall be assessed against property benefited by improvements of Nater mains and/or sanitary sewers in proportion to the benefits to be derived therefrom. In no event shall this assessment exceed the amount of benefits received thereby. The equitable and just method of determining and prorating the special benefits is hereby prescribed based on consideration of both the number of units served and the number of total acres of property thereby benefited. Assessment so determined shall be figured for each benefited property as a combined total of the number of units served and the area charge in accordance with the following provisions: A. As to Single Family Residential Uses. For each acre of property devoted to use for single family residential purposes, including single family residential subdivisions, a cash contribution in aid of construction of $100.00 per single family residential dwelling shall be paid to the County. In computing such single family residential use, acreage devoted to such purpose shall be considered to contain a density of not less than four (4) single family residential units per acre, notwithstanding the actual density employed by Developer. -4- EXAMPLE: A 10 -acre tract of land designed To contain 20 single family .residential dwellings shall pay a contribution of 10 acres X 4 units per acre (minimum density) X $100.00 per unit = $4,000.00 for this 10 acres. EXAMPLE: A 10 -acre tract of land designed Eo contain 50 single family residential dwellings shall pay a contribution of 10 acres X 5 units per acre X $100.00 per unit = $5,000.00 for this 10 acres. For properties devoted to use as single family residential subdivisions, the County shall bring its water distribution and sewage collection mains to a point at the boundary of Developer's property in closest proximity to the then present terminus of the County's lines and in accordance with the County's engineering plan for extension. All internal water distribution and sewage collection lines, including any lift station required for use solely within Developer's property shall be at the cost and expense of Developer. B. As to Multi -Family _Dwellings (Linked to Three or More Apartments). For all properties devoted to use as mint;-fA_il., condominium or apartment development, a contribution in aid of construction shall be paid to County in an amount equal to $70.00 per unit. EXAMPLE: A 10 -acre tract of land having a proposed density of 20 units per acre shall pay a contribution as follows: 10 acres X 20 units per acre X $70.00 = $14,000.00 for this 10 acres. The County shall provide water distribution and sewage collection mains to one side of Developer's property, which side shall be in closest proximity to the then existing terminus of the County's lines and in accordance with the County's plans for extensions. Developer may tap the County's water and sewer mains at one or more points along the portion of the extension abutting Developer's property. Developer shall be responsible for all internal water distribution mains, sewage collection mains or any lift station to be used solely by consumers on Developer's property, at Developer's sole cost and expense. C. As to Commercial Uses. -5- All properties proposed to be used for commercial purposes, including but not limited to, office buildings, industrial plants, educational buildings, banks and shopping centers, other than residential purposes shall pay a contribution in aid of construction to the County in the amount of $1,000.00 per acre or prorated for less than one acre. The County reserves the right to impose additional contribution charges in the event that the development of such property requires unusual quantitites of water and sewer services not normally to be anticipated as common usage for developments in the categories listed in this section. The County shall extend its water distribution and sewage collection mains along one side of Developer's property in closest proximity to the then existing terminus of the County's lines and in accordance with the County's plan for extension. Developer shall be responsible for all internal water distribution mains, sewage collection mains or any lift station to be used solely by consumers on Developer's property, at Developer's sole cost and expense. D. As to Mobile Home Parks. Properties devoted to use as mobile home or trailer parks shall be required to pay a contribution in aid of construction of $200.00 per acre, plus $70.00 per unit for each mobile home or trailer unit proposed to be located upon the property. The County shall extend its water distribution and sewage collection mains along one side of Developer's property in closest proximity to the then existing terminus of the County's lines and in accordance with the County's plan of extension. All internal water distribution mains, sewage collection mains, or any lift station to be used solely by consumers on Developer's property is at Developer's sole cost and expense. E. As to Water Service Only - Sewer Service Only. In any instance where either water or sewer service alone is furnished without the companion service, the contributions in aid of construction charges shall be computed in the same manner but shall be multiplied by half of the applicable charge for both services. -6- Section 4. REFUNDABLE ADVANCES. The County may require, in addition to the contribution provisions set forth herein, a refundable advance by Developer to further temporarily defray the cost of any "off-site" ex- tension of water and/or sewer mains and pumping stations necessary to connect the Developer's property with the then terminus of the County's water and sewer facilities adequate in size to provide service to the subject property. As set forth elsewhere in this Ordinance, Developer shall always be responsible for his "hydraulic share" of the cost of "off-site" facilities, However, this Ordinance recognizes instances in which a developer may be required to advance the hydraulic share applicable to other undeveloped property in order that "off-site" facilities may be constructed to serve Developer's property and at the same time be sized in accordance with the County's master plan. All amounts expended by Developer, over and above, Developer's hydraulic share for "off-site" facilities shall be refunded to Developer in accordance with the terms and conditions of a refund- ing agreement which the County will execute with Developer. The refund agreement shall provide for a plan of refund based upon the connection of other properties, to the extent of their hydraulic share, which properties will be served by the "off-site" facilities installed by Developer. Notwithstanding the provisions of this section, the County will limit the life of such refund agreement to a term of not more than five (5) years, after which time any portion of the refund not made to Developer by the terms and conditions of the refund agreement will have lapsed and thereafter, such refund agreement will be cancelled. In no event shall Developer recover an amount greater than the difference between the capitalized cost of such "off-site" im- provements and Developer's own hydraulic share of such improvements. The County shall not include any interest upon the refund of Developer's advance. Section 5. CONTRIBUTION IN AID OF CONSTRUCTION CHARGE ADJUSTMENT FORMULA - ESCALATION PROVISION. -7- The basis for the schedule set forth above has been structured by the County with regard to two major but variable factors. First, the present level of construction costs of water distribution, sewage collection, water treatment plant and waste water treatment plant facilities. Second, the theory of treatment facilities and their degree of treatment sophisti- cation as prescribed by the Department of Health, and Re- habilitative Services and the Department of Environmental Regulation. The County hereby declares that the schedule of contribution in aid of construction charges set forth herein may be automatically escalated based upon increases in utility construction index published in Engineering News Record Magazine (if not in existence then an equivalent as determined by County), entitled "20 cities construction cost index", using as a base, the published index for the quarter ending June 30, 1980. The County shall automatically adjust the contributions in aid of construction charges set forth herein semi-annually, with the first such adjustment to be not earlier than December 31, 1980. Any automatic escalation shall not exceed the percentage difference between said construction cost index for the base period as com- pared with the period of comparison. Section 6. ESCALATION BY THE INDIAN RIVER COUNTY BOARD OF COMMISSIONERS. Separate and apart from the automatic escalation provisions set forth above, the Utilities Department of the County may file with the Commission a higher contribution schedule, and in support of that schedule, detail the reasons requiring such increased contributions. Such reasons may include and be related to increasing standards of service; inadequate or in- correct estimates of the total anticipated contributions versus the actual investment levels required by the County for water distribution and sewer collection facilities; actual experience with regard to matters of service area density having a direct bearing upon contributions received versus the cost of construction of the facilities; matters of net investment bearing upon rates and charges required of consumers and/or such other matters which may reasonably -8- bear upon the needs, necessities or consideration requiring such change. Section i. EXISTING AGREEMENTS, PRACTICES AND PROCEDURES. The County recognizes that certain developers have in the past and for the present are installing, at no cost and expense to the County, water distribution and sewage collection facilities as well as the on-site water distribution and sewage collection facilities. The County also recognizes that it has entered into certain agreements with other Developers, and Franchise Areas whereby those Developers funded the construction of water treatment and sewer treatment facilities, which agree- ments provide for these fundings in lieu of any contributions in aid of construction or capacity charges. The County does hereby declare that nothing in this Ordinance shal abrogate, obviate, or avoid the present policies or those agreements. Section 8. SEVERABILITY. If any section, subsection, sentence, clause, phrase or portion of this Ordinance is for any reason held invalid or unconstitutional by any court of competent jurisdiction, such portion shall be deemed a separate, distinct and independent provision and such holding shall not affect the validity of the remaining portions thereof. Section 9. EFFECTIVE DATE. This Ordinance shall become effective as provided by law. This Ordinance shall take effect May 12, 1980. STATE OF fLmoDA INDIAN RIVER COUNTY THIS 15 TO CERTIFY THAT THIS IS A TRUE AND CORRECT COPY OF THE ORIGINAL ON FILE IN THIS OFFICE. FREEDDAQ WRIGHT, GLi:f33S DATE .-.�