Fort Walton Beach Ordinance — 2036--Establishing New Water & Wastewater Impact Fees — reading text

READING ORDINANCE 2036 ff j a a AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF FORT WALTON BEACH, FLORIDA, AMENDING SECTION 10. 56 OF THE CODE OF ORDINANCES, WATER AND WASTEWATER IMPACT FEES; PROVIDING FOR SEVERABILITY; AND PROVIDING AN EFFECTIVE DATE. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FORT WALTON BEACH, FLORIDA AS FOLLOWS: WHEREAS, the City Council has determined that in order to promote and protect the public health, safety and welfare of its citizens, a portion of the costs to be incurred in providing additional water and wastewater facilities should be borne by the owners of the properties which are not currently connected to the existing systems, and may therefore be reasonably expected to derive maximum benefits from the provision of such additional facilities; and WHEREAS, the City authorized Raftelis Financial Consultants, Inc. to prepare an Impact Fee and Connection Fee Study for the City of Fort Walton Beach in order to update and provide data and evidence as required by Section 163. 31801 of the Florida Statutes so as to insure that all impact fees authorized and established by the City Council are consistent and in accordance with applicable law and are based on the most recent and localized data; and WHEREAS, the City Council has received, reviewed and hereby adopts that 2020 Impact Fee and Connection Fee Study prepared by Raftelis Financial Consultants, Inc., dated August 11, 2020; and NOW, THEREFORE BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FORT WALTON BEACH, FLORIDA AS FOLLOWS: SECTION 1: 10. 56 — WATER AND WASTEWATER IMPACT FEES 10. 56.01- Purpose The purpose of this Chapter is to assign growth related costs to those customers responsible for such additional costs and to ensure the costs to provide such services are borne by the new users of the water and wastewater systems. 10. 56. 02 - Definitions When used in this Chapter, the following terms shall be defined to mean: APPLICANT means the owner of real property or the person or legal entity which has the legal right to utilize real property by means of any form of ownership which real property the applicant desires to be served by water and/or wastewater service. CITYmeans the City of Fort Walton Beach, Okaloosa County, Florida, a municipal corporation of the State of Florida.  COLLECTION FACILITIES means the lines, pipes and appurtenant equipment and all other related equipment or facilities, or whatever type or nature, used to collect sewage from sewer facilities, buildings, structures or facilities and to transmit it to wastewater treatment facilities. CONTRIBUTION IN AID OF CONSTRUCTION means the transfer in ownership of water system and/or wastewater system assets from a customer to the City. Such contribution may make the customer eligible for exemption as discussed in section 10. 54. 3. COUNCIL OR CITY COUNCIL means the City Council of the City of Fort Walton Beach, Florida. CUSTOMER means any person, firm or corporation who receives water and/ or wastewater service from the City and who is liable for payment of such service/ services. CUSTOMER CAPACITY means the total water and/ or wastewater service capacity allocated to a customer of the water and/ or wastewater system. CUSTOMER INSTALLATIONS means all water and/or wastewater facilities which ordinarily and customarily exist on the customer's side of the point of delivery, such as, by way of example and not limitation, curb stops and lateral connections. DISTRIBUTION FACILITIES means the lines, pipes, meters, and appurtenant equipment and any other related equipment or facility, or whatever type or nature, used to distribute water from the utility to the customer for usage. DWELLING means a single unit providing complete, independent living facilities for one family, including permanent provisions for living, sleeping, eating, cooking and sanitation. DWELLING UNIT means one or more rooms in a residential building, which are used or intended for use as an independent living facility for one family including permanent provisions for living, sleeping, eating, cooking and sanitation. EQUIVALENT RESIDENTIAL CONNECTION or ERC means a factor used to convert a given average daily flow ( ADF) to the equivalent number of residential connections. For this purpose the ADF of one ERC is deemed to be 350 gallons per day gpd) for water service and 300 gpd for wastewater service. GALLONS PER DAY or GPD means gallons per day. METER means a device used to measure water delivered to a " point of delivery" by the City. POINT OF DELIVERY means the designated point at which the applicant' s property is connected to the water and/ or wastewater facilities. PROPERTYmeans the real property owned or controlled by an applicant for which water service capacity allocation, wastewater service capacity allocation, or both, is requested. SERVICE LINES means the pipes of the system, which are connected from City water and wastewater facilities to the "point of delivery."  TRANSMISSION FACILITIES means those lines and appurtenant facilities used to either transmit wastewater from the (i) collection facility to a wastewater treatment plant, ii) transmit treated wastewater to a final effluent disposal site, ( iii) transmit water from a water treatment plant to a distribution system or ( iv) transmit raw water from wells to a water treatment plant. UTILITY AGREEMENT means a written agreement between the City and a property owner which establishes the terms and conditions pursuant to which the City will provide water and/ or wastewater services. UTILITY FACILITIES means by way of illustration and not limitation, all equipment, fixtures, pumps, lines, mains, manholes, lift stations, pumping stations, laterals, service connections, and any all appurtenances thereto together with all real property, easements and right- of-way necessary to provide water and wastewater service. WASTEWATER IMPACT FEE means a fee or charge paid to the City by an Applicant for the purpose of obtaining Wastewater Service Capacity. Impact fees are utilized for the acquisition, improvements, expansion and construction of facilities deemed necessary by the City to famish Wastewater Service Capacity and related service to the Property and to adequately fund capital improvements to the System. The term specifically does not include the costs of Collection facilities as previously defined or customer installations the costs for which shall be fully home by the applicant. WASTEWATER SERVICE CAPACITY means the rate of wastewater flow on an average daily basis measured in gallons per day, which can be treated and disposed of according to a wastewater facilities design. WASTEWATER SYSTEM means the facilities associated with the treatment and transmission of wastewater collected by the City. WASTEWATER TREATMENT PLANT means the facility in which wastewater collected from customers of the City is treated. WATER IMPACT FEE means a fee or charge paid to the City by an applicant for the purpose of obtaining water service capacity. Impact fees are utilized for the acquisition, improvements, expansion and construction of facilities deemed necessary by the City to furnish water service capacity and related service to the property and to adequately fund capital improvements to the system. The term specifically does not include the costs of distribution or customer installations, the cost of which shall be fully borne by the applicant. WATER SERVICE CAPACITY means the amount of water, which can be pumped, treated, transmitted and distributed, on an average daily basis, where such amount is measured in gallons per day. WATER SYSTEM means the facilities associated with the treatment and distribution of potable water to the City' s customers. WATER TREATMENT PLANT means the facility in which raw water drawn from wells is treated and subsequently distributed to customers of the City's water system or raw water treated on site and pumped directly into the system. 10. 56. 03 - Establishment of a Water Impact Fee and Wastewater Impact Fee  The City Council has determined that the report entitled " CempFehensi e Water afa astev v-' D a+ . e Svady 2020 Impact Fee and Connection Fee Studv," dated Septe - 1 August 2020, sets forth a reasonable methodology and analysis for the determination of the impact fees as required by Section 163. 31801 of the Florida Statues. Not withstanding all other charges for water and wastewater connections, facilities or servicing, the City hereby adopts and establishes pursuant to geneFal applicable law, a water impact fee and a wastewater impact fee, the purpose of which will be to finance the cost recovery associated with the water and wastewater service capacities. e)—; eetii a janttai=y 1, 2004 i ( a) Effective February 1, 2021 1) The water impact fee imposed by the City shall be seven one thousand eight hundred eighty dollars ($790.09 1, 880) per ERC. 2) The wastewater impact fee imposed by the City shall be eigkt six hundred levee dollars ($ 807,00_600.00) per ERC. d) bb) An reseltAien ordinance of council may amend these fees from time to time. 10.56.04 - Applicability. The water and wastewater impact fees set forth herein shall be paid by those applicants who ( a) connect to the City's water and/ or wastewater system, ( b) request water and/ or wastewater service from the City, or (c) request an increase in water and/ or wastewater customer capacity. The City may exempt any customer from the payment of all or a portion of the water and/or wastewater impact fees to the extent that the City accepts a permanent contribution in aid of construction related to water supply, treatment or transmission facilities or the wastewater transmission, ear or effluent disposal facilities having a value of not less than the portion of the water and/ or wastewater impact fees being exempted. 10. 56. 05 - Time of Payment. All water and/ or wastewater impact fees shall be paid in accordance with Section 163. 31801 Florida Statue prier to the .,.,.... eetieii of a ,,..,., iare or stFietures to be - ed by w by gFee. nent or bypefmiApplicants shall make payment of water and/ wastewater impact fees to the City and at such time will receive official documentation stating that such payments have been made. 10. 56. 06 — Determination of Equivalent Residential Connection Factors for Water and Wastewater Services.  For the purpose of calculating and imposing the water and wastewater impact fees set forth herein, the equivalent residential connection factor for any particular connection or establishment shall be either 1. 0000 ERC or the ERC as calculated and imposed in the manner provided below, whichever is greater. Type of Establishment — _ ERC Unit (1) Factor J Residential: — I—-_ Single Family Per Dwelling