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ORDINANCE NO. 2187
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AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA,
AMENDING ARTICLE I, GENERAL, CHAPTER 24, UTILITY,.
SYSTEM OF THE CODE OF ORDINANCES OF THE CITY OF
CLEARWATER, 1962, TO PROVIDE FOR REVISED DEFINITION
OF WATER IMPACT FEE; AND TO PROVIDE A SCHEDULE
OF WATER IMPACT FEE CHARGES; AMENDING ARTI CLE III,
WATER, CHAPTER 24, UTILITY SYSTEM, OF THE CODE OF
ORDINANCES OF THE CITY OF CLEARWATER, FLORIDA,
1962, TO PROVIDE A SEPARATE FUND INTO WHICH UTILITY
IMPACT FEES WILL BE PAID, PROVIDING FOR THE SEPARABILITY
OF THE PROVISIONS HEREOF; PROVIDING FOR REPEAL OF
ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT HEREWITH
TO THE EXTENT OF SUCH CONFLICT; PROVIDING NOTICE OF
PROPOSED ENACTMENT AND PROVIDING FOR THE EFFECTIVE
BATE OF THIS ORDINANCE.
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WHEREAS, the City Commission of the City of Clearwater, on
June 7, 1979, enacted a new Utility Code as contained in Ordinance Number
1836, which code contemplated that the City would later determine the
necessity for a water impact fee; and
WHEREAS, the consulting engineers for the City of Clearwater,
namely, Briley, Wild & Associates, have prepared a study and report
determining the amount of economic impact to the capital facilities of the
water system by additional customers and,
WHEREAS, the City of Clearwater water utility system is
experiencing rapid growth due to increased water service demand, making
it necessary to provide a water impact fee in order to recover the costs of
some of the additional facilities,
NOW, THEREFORE, BE IT ORDAINED BY THE CITY
COMMISSION OF THE CITY OF CLEARWATER, FLORIDA:
Section 1. That subparagraph vv of Article 1, General, of Chapter
24, Utility System, of the Code of Ordinances of the City of Clearwater, 1962,
be and the same is hereby amended to read as follows;
"(vv) Water Impact Fees... A charge Qpplio& imposed by this
ordinance when the building orpl-4mbing permit is issued,
designed to Pecovey reimburse the City of Clearwater for a
liD1+#3-a}lofA+?tK3610?i? the AQw+adanaat?oasl4.,x+?#A
eost'of oapit-M providing additional facilitiesr and services
the -diaapaat"-value -G&AAt4X%6-aan?iticat s..far-wato-v,4km% iaa-
rnade necessary by the impact of new utility users of the
facilities and services,
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Section 2. That Section B 1, Impact Fees, of Section 24-5,
Deposit, Fees, Service Charges and Rate Schedule, of Article 1, General,
of Chapter 24, Utility 5yBtem, of the Code of Ordinances of the City of
Clearwater, 1962, be and the same is hereby amended to read as follows.,
1. Water. A.weAss 4-mpa" -too
off. i:ha` ?,r? g i?? btiiku n g pe-?r?t t.,r .. i"i es- ?s. •pxy?ia -at- tis? -
MAAW ngZepar*mont heEager.the-piw-abktg.Vea%mWirsx4aauedr
1i'e?e-{:o-be-estab3akZci. There Is hereby imposed a
water impact fee, based on the capital portion of the
cost of financing the extension of the Cit rs water
system, on the equivalent simile family_residentlal
unit which is responsible for creating-the need for addt•
tional water system financing. The obligation for_payment
of the fee shall occur at the time the first building or
plumbing permit is issued. The water impact fee
shall be as follows:
(a) For each equivalent single-Family
residential unit: $275.00
(b) For each non-residential, commercial
and industrial account (Includin motels
and hotels)•
These accounts will, for the purpose of
establishing the Water Ym act Fee be
considered to comprise multiple single-
family _residential units based on the use
of the fixture unit value count as defined in
the most recent Plumbing Fixture Value
Table Published by the American Water Works
Association or a fixture count acceptable to?
the Building Official based on sufficient and
acc_epta_ble data furnished him in accordance
with the followin
Each 25 fixture unit value, or part thereof,
equals one equivalent single family residential
unit. -
c) Each additional eauivalent single-famil
residential unit occasioned by changes
in property usage subsequent to the ef-
fective date of this Ordinance shall be
subject to a development fee computed
in accordance with whichever of the
foregoing criteria_ is applicable.
If a building permit is issued for an existinL
non-residential commercial or industrial
connection which will increase water or sewer
demand, or if a building changes from
residential to non-residential occul2anc'y, the
total number of equivalent single-family
residential units for the old and new parts of
the facility shall be computed as outlined Inn^
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Ord. #2187 .
9/18/80
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sub-paragraph (b) above. The number of new
equi_valent_ single•.famft residential units shall
be determined by subtracting the number of
old equivalent single family residential units
in the entire fac_ili?y._ The water impact fee will be
assessed on the remaining number of new a ulvalent
single-family residential units.
Section 3. That Section 24••53, Water Impact Fee Use of Funds,
of Article III, Water, of Chapter 24, Utility System, of the Code of Ordinances
of the City of Clearwater, 1962, be and the same is hereby amended to read
as follows:
Section 24..53. Water Impact Fee-..Use of Funds.
All funds received by the City as a water impact fee shall be
kept in an account designated as such and may only be used
as appropriated by the City Commission in payment for
capital improvements pertaining to the production, treatment
and transportation of water, made necessary by new users
of the system, or ,£otr-debt-itevvia.& a %egiAwemonto-i& 4K*vxeo#io&
w4t.Ii.?aa?d?.aa?pifalzn?r3enk? to retire bonds or debt
services incurred in rovidin the ca ital improvements to
the new customers mentioned herein.
Section 4. Should any section, paragraph, sentence or word of this
ordinance be declared for any reason to be invalid, the same shall not affect
the validity of the ordinance as a whole, or any part thereof other than the
part declared to be invalid.
Section S. All ordinances or parts of ordinances in conflict herewith
are to the extent of such conflict hereby repealed.
Section 6. Notice of the proposed enactment of this ordinance has
been properly advertised in a newspaper of general circulation in accordance
with Section 166.0410 Florida Statutes.
Section 7. This ordinance shall become effective immediately upon
its passage and adoption.
PASSED ON FIRST READING August 21, 1980
AS AMENDED
PASSED ON SECOND AND FINAL
READING AND ADOPTED September 18, 1984
AS AMENDED
Attest:
Deputy city lark
Ord. #2187 -_
Mayor-Commia aioner
9/18/80
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