HomeMy WebLinkAbout522-03 Establish Water & Wastewater Facility Capacity Fees RESOLUTION NO.: 522-03
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A RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF ZEPHYRHILLS, FLORIDA,
ESTABLISHING WATER AND WASTEWATER
FACILITIES CAPACITY FEES AND PROVIDING
FOR AN EFFECTIVE DATE
WHEREAS,the City Council of the City of Zephyrhills,Florida hereinafter
referred to as "Council", is empowered to construct, operate and maintain the City
of Zephyrhills' Utility System, within the incorporated areas of the City of
Zephyrhills, and in those portions of the unincorporated area, which are outlined in
the Interlocal Agreement executed between Pasco County and the City of
Zephyrhills on February 8, 1989, and approved by the Council.
WHEREAS,the City Council of the City of Zephyrhills has determined that
there is a need for facility capacity fees, which represent new connections',prorata
shares of the costs of system capacity and capital facilities needed to serve new
connections in the Utility Service Area,which are not derived from the operation of
the system itself; and
WHEREAS,the Council is empowered,pursuant to Ordinance No.: 818-02
and Ordinance No.: 819-.02 to establish,impose and collect capacity fees on the new
connections to the utility system,so as such new connections contribute a prorata to
the cost of the system capacity and facilities needed to serve for all new connections;
and
WHEREAS,the fee herein imposed shall apply to new connections, as well
as a redevelopment or upgrade of a project that will increase the water or wastewater
system; and
WHEREAS, the Council, as required held an advertised public hearing at;
December 9, 2002 to receive testimony and evidence on the City of Zephyrhills'
Utility System Water and Wastewater Facilities Capacity Fees.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City
of Zephyrhills as follows:
1. The fees as set forth in the Schedule attached hereto as Exhibit "A",
represent a new connection's prorata share of the cost of providing system capacity
and facilities to provide service for new connections and will produce revenues not
in excess of those required to provide Water and Wastewater System facilities in
order to serve the additional demands and needs of the Utilities System. They shall
be multiplied by the Equivalent Dwelling Units (EDU), as represented on Exhibit
"B", attached hereto.
2. The revenue derived from the Water and Wastewater Facilities
Capacity Fees,as imposed and set forth in Exhibit"A" attached hereto, shall be used
respectively for the exclusive purpose of providing facilities for water storage,
treatment and transmission of the Water System and for facilities for treatment,
transmission, disposal, and storage capacity of the Wastewater System. Such
revenues shall not be used to replace existing components of either the Water System
or the Wastewater System except to the extent that such replacement provides
additional capacity to the Water System or the Wastewater System. Said revenues
shall be maintained in separate utility funds and are not to be considered as or
commingled with other utility funds in the Utilities System including,but not limited
to,revenues derived from the operation of the Utilities System.
3. The capacity fee as set forth in Exhibit"A",attached hereto and made
a part hereof by reference are reasonable and are rationally related to the demand for
the system capacity and facilities generated by new connections.
4. The Water and Wastewater Facilities Capacity Fees as set for in
Exhibit "A", shall become effective on the 1st day of March, A.D., 2003. The
Equivalent Dwelling Units Table as set forth in Exhibit"B",is ratified upon adoption
of this Rate Resolution. Furthermore, the State of Florida, Department of Health,
Chapter 64E-6, Florida Administrative Rules, Standards for Onsite Sewage
Treatment and Disposal Systems shall be likewise ratified upon adoption of this
Resolution.
5. The rates, fees and charges as set forth in Exhibit "A", shall be
reviewed biennially by the Council; provided however, failure to conduct such
review, shall not waive the Council's right to conduct future reviews and shall not
affect the applicability of such rates.
6. Any applicant who feel that they are adversely effected by the
Building Department's interpretation of the Ordinances, or this Resolution and
Exhibits,may utilize the Independent Calculation, as found on Ordinance No.: 841-
03, or Ordinance No.: 842-03, Section 8(2).
7. The provisions of this Resolution shall become effective on March 1,
2003.
RESOLVED in regular meeting on this- `4 t-t"day of ,A.D.,
2003.
C E C. B CKNELL
P esident of City Council
ATTEST: ç41 ,6.
City Jerk, LINDA D. BOAN
W. CLIFF cD FIE, ayor
EXHIBIT "A "
WATER AND WASTEWATER FACILITIES CAPA CITY FEES
1. WATER FACILITIES CAPACITY FEE
In furtherance of the implementation of the City of Zephyrhills' Water Facilities
Capacity Fees Ordinance No.: 818-02, the Council hereby establishes, within the
Utility Service Area
WATER FACILITIES CAPACITY FEE (per EDU):
Within the City Limits Outside of the City Limits
$419.00 $524.00
This capacity fee shall apply to all new or additional "equivalent dwelling units"
(EDUs)connected to any water system served by the Utilities System through either
a new meter connection or a meter connection already in use, or through a bulk
franchise.
All capacity fees shall be paid at the Building Department for the City of
Zephyrhills, 5335 Eighth Street, Zephyrhills, Florida 33542, at the time a building
permit is issued.
The Equivalent Dwelling Unit(EDUs) table provided in Exhibit "B" shall be used
to calculate Water Facilities Capacity Fees.
2. WASTEWATER FACILITIES CAPACITY FEE
In furtherance of the implementation of the City of Zephyrhills Wastewater Facilities
Capacity Fee, Ordinance No.: 819-02, the Council establishes, within the Utility
Service Area Wastewater Facilities Capacity Fees.
WASTEWATER FACILITIES CAPACITY FEE (per EDU):
Collection of Wastewater and delivery to plant:
Within the City Limits Outside of the City Limits
$1,039.00 $1,298.00
Treatment of Wastewater:
Within the City Limits Outside of the City Limits
$577.00 $721.00
Total: $1,616.00 Total: $2,019.00
This capacity fee shall apply to all new or additional "equivalent dwelling units"
(EDUs) connected to any wastewater system served by the City of Zephyrhills
through either a new connection or a connection already in use.
All capacity fees shall be paid at the Building Department for the City of
Zephyrhills, 5335 Eighth Street,Zephyrhills,Florida 33542, at the time a building
permit is issued.
Equivalent Dwelling Unit (EDU) table provided in Exhibit "B" shall be used to
calculate Wastewater Facilities Capacity Fees.
3. SPECIAL ASSESSMENT
In the event Special Assessments are levied for the purpose of City installation of
water and/or wastewater lines to service specific areas,the property owner(s) shall
be liable for all costs associated with that installation,including the existing capacity
fee at the time of the assessment and engineering and construction costs associated
with the construction.
EXHIBIT "B "
EQUIVALENT DWELLING UNITS TABLE
The following equivalent dwelling unit(EDU) values shall be used to calculate the
fees due pursuant to Exhibit "A". The Utilities Department shall calculate an EDU
value for those uses not listed below based on standard engineering principles and
available data on water and wastewater demand created by such uses in the City of
Zephyrhills and in accordance with Ordinance No.: 818-02 and Ordinance No.: 819-
02.
Residential:
SingleFamily.............................................................................. 1.00
Duplex........................................................................................ 1.90
Apartment/Condominium(master meter)per living unit.............. 0.70
0.70
Mobile Home(per space)............................................................ 0.50
Travel Trailer(per space)............................................................ 0.25
Commercial: Use includes functions directly supporting the use, such as office for
staff, storage, etc., (Does not include irrigation)
Adult Living Facilities (ALF):
(a) Common Dining Area(per bed).................................. 0.30
0.30
(b) Separate kitchen in each unit(per unit)....................... 0.70
0.70
Bar/Cocktail Lounge(per 10 seats/stools).................................... 0.60
Barber/Beauty Shop(per shampoo sink)...................................... 0.40
0.40
Banquet Room(per 15 seats)........................................................ 0.50
Car Wash:
(a) Drive Thru(recycled water) (Per Bay)........................ 1.50
1.50
(b)Drive-through (Per Bay)............................................. 3.00
3.00
(c) Self-Service(Per bay).................................................. 2.00
2.00
Church(per 100 seats)................................................................... 1.20
Convenience Store:
(a) Without gas facilities.................................................... 1.00
(b) With gas facilities(per rest room)................................ 1.00
1.00
Gas Station(per rest room)............................................................ 1.00
Hospital (per bed).......................................................................... 0.60
Hotel/Motel (per room)................................................................ 0.50
Laundromat(per machine)............................................................ 1.10
Pool-Commercial (includes pool house if on same meter).............. 1.00
1.00
Warehouse-Mixed Use(per 1,000 square feet).............................. 0.30
0.30
Warehouse-Bulk Storage Use (per 1,000.00 square feet)............... 0.10
0.10
Nursing Home-with common dining area(per bed)........................ 0.30
0.30
Office(per 1,000 Square Feet)....................................................... 0.60
Restaurant:
(a) Conventional (per 10 seats).......................................... .50
.50
(b) Fast Food/Drive-through(per seats)............................ 1.00
1.00
(c) Deli/Sandwich Shop-No dishwasher and disposable
dinner dinnerware only(per 10 seats) 0.30
Retail (per 1,000 square feet)....................................................... 0.18
Theater(per 75 seats)................................................................... 0.60
*Not applicable for Capacity Fees are: Lift Stations, Wastewater Plans or
Public Schools
EXHIBIT C
Form of
Purchaser's Certificate
This is to certify that SunTrust Bank, Orlando, Florida (the "Purchaser") has conducted
its own investigation, to the extent it deems satisfactory or sufficient, into matters relating to business
affairs or conditions (either financial or otherwise) of the City of Zephyrhills, Florida (the "Issuer")
in connection with the issuance of the Issuer's Water and Sewer Revenue Refunding Bonds, Series
2000 (the "Bonds"), dated , 2000, and no inference should be drawn that the
Purchaser, in the acceptance of said Bonds, is relying on Bond Counsel or the City Attorney as to any
such matters other than the legal opinion rendered by Bond Counsel, Bryant, Miller and Olive, P.A.
and by the City Attorney, Thomas B. McAlvanah, Esq. Any capitalized undefined terms used herein
not otherwise defined shall have the meaning set forth in the resolution adopted by the City Council
of the Issuer on February 28, 1992, as supplemented (the "Enabling Instrument").
We are aware that investment in the Bonds involves various risks, that the Bonds are not
a general obligation of the Issuer or payable from ad valorem tax revenues, that the payment of the
Bonds is secured solely from the sources described in the Enabling Instrument (the "Bond Security").
We have made such independent investigation of the Bond Security as we, in the exercise
of sound business judgment, consider to be appropriate under the circumstances.
We have knowledge and experience in financial and business matters and are capable of
evaluating the merits and risks of our investment in the Bonds and can bear the economic risk of our
investment in the Bonds.
We acknowledge and understand that the Enabling Instrument is not being qualified under
the Trust Indenture Act of 1939, as amended(the "1939 Act"), and is not being registered in reliance
upon the exemption from registration under Section 3(a)(2) of the Securities Act of 1933, Section
517.051(1), Florida Statutes, as amended, and/or Section 517.061(7), Florida Statutes, as amended,
and that neither the Issuer, Bond Counsel nor the City Attorney shall have any obligation to effect
any such registration or qualification.
We are not acting as a broker or other intermediary, and are purchasing the Bonds as an
investment for our own account and not with a present view to a resale or other distribution to the
public. We understand that the Bonds may not be transferred except to a bank, savings association,
insurance company or other "accredited investor" as described below in accordance with the
restrictions set forth in the Bonds.
We are a bank, trust company, savings institution, insurance company, dealer, investment
company, pension or profit-sharing trust, or qualified institutional buyer as contemplated by Section
517.061(7), Florida Statutes. We are not purchasing the Bonds for the direct or indirect promotion
of any scheme or enterprise with the intent of violating or evading any provision of Chapter 517,
Florida Statutes, as amended.
We are an "accredited investor" as such term is defined in the Securities Act of 1933, as
amended, and Regulation D thereunder.
DATED this day of , 2000.
SUNTRUST BANK
By:
Name:
Its:
A:\BRES4.WPD
September 7,2000