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Home My WebLink About841-03 Amend Ordinance 818-02 – Water Facility Capacity Fees III IIIIJHlHI(1111I I111111l11 ►11 111111i1111I1 2003038925 Rcpt.: 660247 Rec: 10.50 DS: 0.00 IT: 0.00 ORDINANCE NO.: 841-03 03/04/03 opty Clerk AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ZEPHYRIHLLS, FLORIDA,A MUNICIPAL CORPORATION, AMENDING ORDINANCE NO.: 818-02, ALSO KNOWN AS THE WATER FACILITY CAPACITY FEES BY INCORPORATING SECTION 7 (c) TO PROVIDE APPLICABILITY : AND ADDITIONAL SURCHARGES TO ALL CUSTOMERS SERVICED BY THE ZEPHYRHILLS 'UTILITY:. DEPARTMENT . FOR SEWER AND WATER; PROVIDING FOR THE DELETION OF SECTION 8 (CALCULATION OF CAPACITY FEE) AND REPLACING THE SECTION TO PROVIDE FOR CALCULATION OF CAPACITY FEES EITHER BY THE USE OF TABLES IN RESOLUTION OR BY INDEPENDANT CALCULATIONS; AND' PROVIDING FOR AN EFFECTIVE DATE.!S9 P1TYhfaN PNSCO (AMU CLERK 03,04/03 04: 19pm 1 of 2 OR OK 5261 PG 682 BE IT ORDAINED by the City Council of the City of Zephyrhills,Florida, sitting in regular meeting that: Section 1: That the Water Facility Capacity Fees-Ordinance No.: 818-02, Section 7(c)(Applicability)of the Code of Ordinances of the City of Zephyrhills is hereby amended to incorporate the following: ORDINANCE NO.: 818-02-(Water Facility Capacity Fees) SECTION 7(c)Applicability (c) . This Ordinance shall be applicable to all customers serviced by the Zephyrhills' Utility Department for Sewer and Water, and those customers in the unincorporated area of Pasco County and serviced by the City of Zephyrhills pursuant to the aforementioned Interlocal Agreement with Pasco County, Florida. However those portions of this Ordinance concerning zoning and building regulations shall not apply to County residents. County residents shall pay an additional surcharge of 25%.over and above City residents on all Capacity Fees. Section 2: That the Water Facility Capacity Fees-Ordinance No.: 818-02, Section 8 (Calculation of Capacity Fee) of the Code of Ordinances of the City of Zephyrhills is hereby amended in its entirety and shall henceforth read as follows: ORDINANCE NO.: 818-02-(Water Facility Capacity Fees) SECTION 8: Calculation of Capacity Fee 1. (a) determining the Equivalent Dwelling Units of demand which will be generated by the proposed Principal Use as shown on the application for service and/or building permit applications pursuant to the Equivalent Dwelling Unit Table in the applicable fee resolutibn in effect at the time of application for service,or in accordance with the determination on a petition or appeal submitted pursuant to Section 14, as amended; and PP Record and Return to: City Clerk's Office 5335 8th Street Zephyrhills, FL 33540 OR BK 5261 PG 683 2 of 2 • (b) multiplying the Equivalent Dwelling Units of demand by the applicable Capacity Fee in effect at the time of application for service. 2. Independent Calculation. Any applicant may determine their fair share capacity fee by providing independent engineering documentation that their impact on the water system is less than the fair share amount determined by Section 8, 1 (a) and (b). The documentation submitted shall show the basis on which the capacity fee has been calculated including but not limited to the following factors: (a) amount of water demanded by the particular property, (b)-` the basis for such calculations, (c) conversion to EDU if calculated in any other fashion (d) each particular component of the City of Zephyrhills'water system should be addressed in the independent study. (e) this documentation shall be prepared and presented by qualified professionals in their respective fields and must be based on studies, surveys, and reports used standard practices and methodological procedures. The mathematical assumption formulas shall not be as a basis without independent documentation. The City Manager or his designee shall be authorized to reject any independent calculation not meeting the above criteria. Section 3: The provisions of this Ordinance are severable, and if any section, sentence, clause, or phrase is for any reason held to be unconstitutional, invalid, or ineffective, this holding shall not affect the validity of the remaining portions of the Ordinance, it being expressly declared to be the City Council's intent that it would have passed the valid portions of this Ordinance without the inclusion of any invalid portion or portions. Section 4: This Ordinance shall become effective immediately upon its passage. The foregoing Ordinance No.?4-(-Q3 was read and passed on its first reading by the City Council gf-the City Of Zephyrhills,Florida,on this 10.' day of lak-c-c-4-Ar' ,A.D., 2003. / / I CL E C. BRACKNELL n. Pre ident of City Council Atiest: J ''- Cite Clerk;-LINA D. BOAN The foregoing Ordinance No. 1-1-1-0.3 was read and passed on its second reading in open aoa ragulareeting by the City Council of the City of Zephyrhills,Florida, on this Al-(10:_.day of ;.-. , A.D., /3.e �� 2 , r C E C. BRACKNELL .` {.'` resident of City Council Attest: --ti` J. � � 4City'' lerk, LINDA D. BORN The ftoifegthng Ordinance No. k•I-0 3 was approved by me this <71`1 day of j ,- , A.D., 2003. 4 .Y %- tic MayorftLI F MAKJFFIE