8086-09
ORDINANCE NO. 8086-09
AN ORDINANCE OF THE CITY OF CLEARWATER,
FLORIDA, RELATING TO RECLAIMED WATER
AVAILABILITY FEE EXEMPTION IN SPECIFICALLY
DEFINED AREAS BY CURRENT COOPERATIVE
FUNDING AGREEMENTS WITH THE SOUTHWEST
FLORIDA WATER MANAGEMENT DISTRICT AND
REBATES AND INCENTIVES TO ABANDON WELL, LAKE
OR POND IRRIGATION; AMENDING SECTION 32.380,
CODE OF ORDINANCES ADDING PHASE I AND
REMOVING FORMER EXEMPTION LANGUAGE; ADDING
NEW SECTION 32.380.1 AS PHASE II; RENUMBERING
SECTION 32.380.1 AS 32.380.2 AND AMENDING TO
CLARIFY APPLICABLE PHASES; RENUMBERING
SECTION 32.380.2 AS 32.380.3; PROVIDING AN
EFFECTIVE DATE.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
OF CLEARWATER, FLORIDA.
Section 1. Chapter 32, Article IX, Code of Ordinances, is changed to read
as follows:
Sec. 32.380. Availability charge - Phase I
The utility account of any improved property adjacent to a sufficiently sized
reclaimed water distribution main shall include a monthly availability charge to
alleviate the capital outlay of extending accessibility to the reclaimed water
system. See appendix A for availability rates. Properties with existing well, lake
or pond irrigation system within the project areas defined in cooperative funding
agreements with the Southwest Florida Water Management District as North
Beach, South Beach, Island Estates, Harbor Oaks, Seville/Sunset, Drew Union,
North Greenwood, Del Oro, and Morningside shall not be charged for availability
as long as the well, lake or pond irrigation system remains active. AV:::libbility fee
exemptions will not be gr:::lnted :::lfter the completion of these projects. Such
availability fee exemptions, where granted, shall expire upon conveyance of the
property. The burden of proof is on the property owner to verify that a well, lake
or pond irrigation system is active and the director shall have final approval.
Section 2. Chapter 32, Article IX, Code of Ordinances, is added to read
as follows:
Sec 32.380.1 Availabilitv charqe - Phase II
The utilitv account of any improved property adiacent to a sufficientlv sized
reclaimed water distribution main shall include a monthlv availability charqe to
alleviate the capital outlav of extendinq accessibilitv to the reclaimed water
system. See appendix A for availabilitv rates. Properties with existinq well. lake
or pond irriaation system within the proiect areas defined in the cooperative
Ordinance No. 8086-09
fundinq aqreements with the Southwest Florida Water Manaqement District as
Chautauqua/Coachman, Skvcrest. Glen Oaks/Palmetto, and Clearwater Harbor
shall have the followinq exemption available, onlv for those properties that have a
workinq well, lake or pond irriqation system at the time of construction of the
reclaimed water system in the project area:
(1) Should a customer choose not to connect to the Reclaimed Water system
when the system becomes activated at the time of construction, that
property owner shall have an exemption from the availabilitv charqe for
one (1) year from the date of activation. After one year, the availabilitv
charqe shall applv. Should the customer wish to connect to the reclaimed
water system after the one-year period, all applicable connection charqes
and availabilitv fees shall apply.
(2) Should a customer choose to connect to the Reclaimed Water system
when the system becomes activated at the time of construction, that
property owner shall have an exemption from the availabilitv charqe for
two (2) years from the date of activation.
Availabilitv fee exemptions will not be granted after the completion of
these projects. Such availabilitv fee exemptions, where qranted, shall expire
upon conveyance of the property. The burden of proof is on the property owner
to verify that a well. lake or pond irriqation system is active and the director shall
have final approval.
Section 3. Chapter 32, Article IX, Code of Ordinances, is renumbered and
changed to read as follows:
Soc. 32.380.1. Sec. 32.380.2. Incentives.
Because the overall objective is to maximize usage of reclaimed water
and to lessen the impact of effluent discharge into Tampa Bay, all customers in
either Phase I or Phase II-desiqnated reclaimed water project areas willing to
abandon a private well, lake or pond irrigation system and connect to the
reclaimed water system at any time:
(1) Shall be offered a rebate of up to $600.00 as reimbursement for a licensed
well driller or professional to properly plug or abandon the well, lake or pond
irrigation system; and
(2) Shall receive an incentive credit of $240.00 on the utility account.
Those customers willing to abandon a private well, lake or pond irrigation system
and connect to the reclaimed water system during project construction shall, in
addition, not be charged a tap fee.
Section 4. Chapter 32, Article IX, Code of Ordinances, is renumbered to
read as follows:
Sec. 32.380.2. 32.380.3. Exclusions.
Single-family residences with wells, lakes or ponds may choose the
availability fee exemption or connection to reclaimed water, but not both.
Commercial or multifamily (more than four units) may keep an existing
private well following connection to the reclaimed water system for "emergency
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ORDINANCE NO. 8086-09 I
" . .
purposes limited to times when the reclaimed water system may not be
operational" with proper precautionary devices to assure no interconnection
between the reclaimed water system and the private well system will be created.
Section 5. This ordinance shall take effect immediately upon adoption.
PASSED ON FIRST READING
August 20. 2009
PASSED ON SECOND AND FINAL
READING AND ADOPTED
September 3, 2009
~j/.~
'Fnmk V. Hibbard
Mayor
Approved as to form:
Attest:
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ORDINANCE NO. 8086-09 I