8307-12��� l�► 1• 1
AN ORDINANCE OF THE CITY OF CLEARWATER,
FLORIDA, RELATING TO THE PROVISION OF SEWER
SERVICES OUTSIDE THE CORPORATE LIMITS;
AMENDING CHAPTER 32, UTILITIES, SECTION 32.182,
AND RENUMBERING SUBSECTIONS ACCORDINGLY,
AND AMENDING APPENDIX A, ARTICLE XXV, PUBLIC
WORKS - FEES, RATES AND CHARGES; SECTION
(1)(C), CLEARWATER CODE OF ORDINANCES,;
PROVIDING AN EFFECTIVE DATE.
WHEREAS, it is advisable to amend certain sections of the Code of
Ordinances and Appendix A thereto in order to provide requirements and fees for
the extension of sewer service to properties outside the corporate limits of the City
of Clearwater; now, therefore,
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
OF CLEARWATER, FLORIDA:
Section 1. Section 32.182, Code of Ordinances, is amended
to read as follows:
Section 32.182. Service outside corporate limits.
(1) The city shall have the power to install, improve and maintain wastewater
collection lines and facilities outside of the corporate limits of the city and to
assess the �g property requesting or obtaininq service of such
facilities under the following conditions_
� When the city receives a petition requesting wastewater collection
service signed by at least 50 percent of the property owners within a given
unincorporated geographic areai�
ii When the state division of health shall officially notify the city that a
health hazard exists within a given unincorporated area which health hazard
shall be determined by a field survey, appropriate tests and inspections by
the state division of health. After receiving the petition or the written official
report of the state division of health, the city council shall, by
resolution, declare its intention to hold a public hearing to determine the
need and necessity to construct wastewater collection lines and facilities in
the geographic area, and shall provide notice by publication in a newspaper
of general circulation in the city once a week for at least finro weeks, the first
publication of the notice to be not less than ten days prior to the hearing
provided for in the notice, and in addition, the city shall send written notice
to all property owners within the geographic area e� as determined by the
Ordinance No. 8307-12
current county tax rolls, at least ten days before the scheduled public
hearing. The notices shall require all persons interested to show cause
why the wastewater collection lines and facilities should not be
constructed and if at the time designated in the notice no objections are
file, or if objections are filed and the objections shall be deemed
insufficient by the council, then the ��mmi��inn council may,
by resolution, order the wastewater collection lines and facilities
constructed in accordance with plans and specifications therefor to be
kept on file in the office of the city clerk. The resolution shall be published
in a newspaper of general circulation in the city once a week for finro
weeks.- i
(iii) When the city initiates a sewer system expansion into non-sewered
areas as part of the Unified Svstem Master Plan (Sewer System
Expansion Feasibilty Study, 2010 Update). Any owner of property located
outside the corporate limits of the city shall execute an aqreement to
annex and an� required service contract as a condition of obtaininq
service.
(2) In the case of resident initiated expansion of Health Department directives:
After the completion of the construction of the wastewater collection lines
and facilities, the city shall assess the actual cost thereof against the
property requesting service abutting the lines and facilities, which costs
shall be itemized and subject to audit. If the assessments are not paid
within 30 days of the making thereof, the city may at any time thereafter
issue certificates of indebtedness against the abutting property for such
assessments or parts thereof as are unpaid, such certificates to be
payable in not less than three months nor more than 20 equal annual
installments, or more frequently as may be determined by the city council,
and shall bear interest at a rate of return authorized by law until paid,
which certificates shall constitute and be a prior lien to all other liens,
except the lien for taxes. The certificates shall be processed and
administered in accordance with sections 124, 125, 126 and 127 of Laws
of Florida 1923, ch.9710, which shall provide that the method of collecting
special improvement assessments on property within wastewater
collection project areas shall be the same as that followed on property
situated within the corporate limits of the city.
(3) In the case of expansion determined by the city as part of its Unified
Svstem Master Plan, and in accordance with Florida Statutes Section
381.00655, the citv provides for the followin�quirements:
The property owner has options as to when and how to connect to the
s sy tem.
(i) Properties with functioninq on-site septic systems will not be
required to connect to the svstem. The City has the right to
request inspection of the svstem to verify a determination that
such connection is not required in the public interest due to public
health considerations. However if the property connects for
service at the time of construction of the system, the City will
Page 2 Ordinance No. 8307-12
utilize the assessed impact fee ($900.00 for sinqle family
residence) to offset costs associated with construction bv a
licensed plumbinq contractor to install a sewer lateral between the
city cleanout and the house cleanout. Additionally, these funds
can be used to offset costs associated with proper abandoning of
the septic svstem.
(ii) If durinq a time period of up to one (1) year after completion of the
City expansion project, the property owner that has opted not to
connect has a septic system fail, the property owner can ap�ly for
and receive an incentive of one-half of the assessed impact fee
($450.00 for sinqle family residential properties) to offset costs
associated with construction by a licensed plumbinq contractor to
install a sewer lateral befinreen the city cleanout and the house
cleanout. Additionally, these funds can be used to offset costs
associated with proper abandoninct of the septic system. The
$450.00 is a maximum value that will be reimbursed to the
propert� owner's utility account upon verification of the
documented costs.
(iii) After a period of one (1) year from the date of project completion
of a City expansion project, those properties that have elected to
not connect to the Unified Sewer System will receive notice of a
requirement to connect. The property owner will have ninety (90)
days to comply with the terms of the notice after which time the
property will begin to be billed for the minimum monthly charqe for
sewer service, even if the connection to the system has not been
made.
(iv) Onlv in the case of the notice to connect; and if requested,
Financial Hardship Assistance is available to defer costs of impact
fees. The request to enter into a payment arranqement would be
made to the City with the property owner aqreeinq to pavment
terms includinq principal balance and finance charqe(s) that
would be in listed and added to the monthlv utilitv bill as described
herein Sec 32.182(2).
�{-�3� �,The city shall char�e a_rate for wastewater collection service
- _ _ a. �, � _, . . . ..
outside of the corporate limits of the city, developing such rate in :
rdance with appendix_A to this Code, and with the guidelines set out in
.S. & 180.191
Section 2. Appendix A, Article XXV, PUBLIC WORKS--FEES, RATES AND
CHARGES, Section (1)(c), Wastewater Impact fees, Clearwater Code of Ordinances
is amended as follows:
(1) Impact fees:
*****
(c) Wastewater impact fees. Payable at the building division at
Page 3 Ordinance No. 8307-12
the time the first building or plumbing permit is issued or
prior to connection where conversion of a septic svstem to
sewer service occurs:
**�**
Section 3. This ordinance shall take effect immediately upon adoption.
PASSED ON FIRST READING
PASSED ON SECOND AND FINAL
READING AND ADOPTED
Approved as to form:
.�
Leslie K. Dougal S es
Assistant City A ey
December 14, 2011
January 12, 2012
�
�v•
Frank V. Hibbard
Mayor
Attest:
Page 4 Ordinance No. 8307-12