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1065ORDINANCE NO. 1065 AN ORDINANCE OF THE CITY OF SANFORD, FLORIDA, ESTABLISHING PROCEDURES FOR EXTENSION OF THE CITY'S SEWERAGE AND WATER SYSTEM; PRESCRIBING DESIGN AND CONSTRUCTION STANDARDS FOR SUCH PROJECT; IMPOSING A WATER, SEWER, DRAINAGE CONNECTION AND CONTROL CHARGE; PROVIDING FOR EXCEPTIONS; PROVIDING FOR METHODS OF PAYMENT AND UTILIZATION OF FUNDS. BE IT ENACTED BY THE PEOPLE OF THE CITY OF SANFORD, FLORIDA: SECTION 1. That The Code of the City of Sanford, Florida, 1954, as amended, be and the same is hereby amended by adding thereto Chapter 27 thereof, as follows: "ARTICLE I. MUNICIPAL SEWERAGE WATER AND DRAINAGE SYSTEMS EXTENSION. 27.1 Purpose. This Article establishes procedures to facilitate the oril-~Ty expansion ofthe City's sewerage, water and drainage systems and provides alternatives for funding of such expansion by those benefiting thereby. 27.2 Construction of Extension Projects. A City sewerage, water or drainage system extension project may be constructed by the City or by one or more property owners. (a) Construction by City. The City may construct an extension to its sewerage, water or drainage system at the sole expense of one or more property owners or in whole or in part at City expense. (1) Property Owners' Expense. If the project is to be constructed at the sole expense of one or more property owners benefiting from the project, the City Manager shall prepare or approve a plan describing the scope and purpose of the proposed extension and the estimated cost thereof. Before any expenses thereof are incurred or obligated by the City, the property owners agreeing to bear the expense of the project shall pay over to the City the total estimated cost of the project and shall agree in writing to pay on demand any additional expenses actually incurred by the City in constructing the extension. The funds paid to the City shall be deposited in a special extension project trust account in the water, sewer or drainage enterprise fund, from which all expenses of the project shall be paid without further appropriation. After completion of the project, any remaining funds in excess of those required to be expended for construction thereof shall be refunded to the contributing property owners in proportion to their contribution to the project. (2) City Expense. If the City Manager determines that a sewerage, water or drainage system extension project is to be constructed by the City in whole or in part at City expense he shall submit to the Commission for approval by resolution a description of the scope and purpose of the proposed extensions, the estimated cost thereof, and an analysis of project feasibility, including the basis upon which construction with City funds is recommended. Upon approval by the Commission, the City Manager shall proceed with the project only after the funds, if any, to be contributed by one or more property owners benefiting from the project have been paid to the City. Contributions by property owners shall be subject to the provisions of paragraph (1) above. (b) Construction by Property Owners. The City Manager may authorize a City sewerage, water or drainage system extension project to be constructed by one or more property owners benefiting from the project. A property owner requesting such an extension shall apply in writing to the City Manager, describing in detail the scope and purpose of the proposed extension and an analysis of project feasibility, including an estimate of projected operation and maintenance cost and projected revenue related to the project. The applicant shall also file, before final authorization to com- mence theproject is given by the City Manager, detailed project plans and specifications. The City Manager shall, within thirty days from the filing of such detailed project plans and specifica- tions, either approve or deny final authorization of such project provided such time limitation may be extended by mutual written agreement of the City Manager and the property owner. The City Manager may deny an application if: (1) The project fails to comply with a requirement of this Code or authorized City regulations; or (2) The project will result in an economic operating loss to the City. The denial of a sewerage, water or drainage system extension project by the City Manager may be appealed to the Commission by a property owner. 27.3 Required City Water. A sewerage system extension project to extend sewer service to any area not served, and not to be con- currently served, by the City's water system may be initiated only after approval by the Commission. 27.4 Design Standards. All plans and specifications relating to sewerage, water or drainage system extension projects shall com- ply with established City standards and shall have affixed to them the seal of a registered professional engineer. With respect to projects not designed and constructed by the City, the property owner authorized to undertake the project shall file with the City Manager a reproducible set of plans showing the completed work, as built, together with an affidavit of periodic and final inspections by a registered professional engineer, certifying that the work as constructed complies with established City standards, and shall obtain final project approval from the City Manager. 27.5 Construction Standards. All extensions of the City's sewer- age, water or drainage systems shall comply with the following standards: (a) Location. All sanitary sewers, sewerage pumping stations, water mains ~ related appurtenances or drainage structures to be conveyed to the City shall be located only in public rights-of-way, on City-owned property, or in easements acceptable to the City Manager. Where the property is under development, sewerage, water or drainage system extensions shall not be installed until: (1) The finished grades of the rights-of-way or easements have been established and approved by the City Manager, and (2) The rights-of-way or easements have been constructed to at least design sub-grade. (b) Installation Standards and Inspection. All installations shall be made in a manner and of such materials as are in accord- ance with standards and requirements established by the City Manager, and all plans, specifications, premises, or construction sites shall be subject to inspection and approval by the City Manager or his designee at any time during or after completion of construc- tion prior to acceptance by the City. No installation or construction by a property ownershall be accepted by the City Manager as finally approved until there is delivered to the City an affidavit which adequately protects the City's interests against mechanics' liens or other liens which might be asserted against the property under applicable law, the form and conditions of the affidavit to be approved by the City Attorney. (c) Building Sewer or Water Line. Every building sewer or water line shall terminate at the owner's property line and shall be installed and connnected to the building plumbing by the property owner at his expense. (d) Connection to City System. Actual interconnection of an extension with the existing city sewerage or water system shall be prevented, by omitting a connecting section or by placing a temporary bulkhead in the connecting lines, until the extension project has been fully inspected and approved and all other con- ditions for extension of service have been met. (e) Ownership. Al1 portions of a sewerage or water system extension project located in a public right-of-way, City-owned property, or a public easement shall, upon installation, become the property of the City, and the filing of an application for approval of construction of such a project by a property owner shall be deemed to be consent to such transfer of ownership. The property owner shall execute and deliver to the City such deeds or other evidences of ownership as the City may require. -3- 27.6 Water, Sewer, Drainage Connection and Control Charge. (a) Imposed. Except as otherwise provided, every property owner whose property first receives water and sewer services from systems owned or controlled by the City after the effective date of this ordinance shall pay unto the City a water, sewer and drainage connection and control charge as follows: (1) Single family dwelling unit, defined as one house on one lot, five hundred fifty dollars; (2) Duplex and multiple family dwelling units (apartments) five hundred fifty dollars for the first unit within each building or structure; two hundred seventy-five dollars for the second unit; one hundred thirty-seven dollars and fifty cents for each additional unit. (3) Commercial: (aa) Motels: each motel unit, five hundred fifty dollars. (bb) Restaurants: each thirty seats, five hundred fifty dollars. (cc) Beauty shops: each six chairs, five hundred fifty dollars. (dd) Offices and all other commercial: each four thousand square feet, five hundred fifty dollars. The minimum fee shall be five hundred fifty dollars. (4) Industrial: Each five thousand square feet, five hundred fifty dollars. Minimum fee shall be five hundred fifty dollars. (b) Such charges shall be imposed on all structures constructed pursuant to building permits issued by any governmental source subsequent to the effective date of this ordinance, where such permit is required and in the event no permit is required, at the time application is made for a water and/or sewer tap. Such charges shall be payable at the time of application for such tap or taps. (c) Exceptions. No water, sewer, drainage connection and control charge, other than an add tional charge under subsection (d) if applicable shall be due: (1) With respect to property to which there has been paid water, sewer, drainage connection and control charge; or (2) With respect to property the owner of which has either (i) constructed at his own expense and turned over to the City sewage and water treatment facilities adequate to serve such property, or (ii) paid to the City as part of a sewerage and water system extension project funds sufficient to construct sewage and water treatment facilities adequate to serve such property; (3) Existing occupied structures not having water and sewer service; provided, however, as to such structures con- nection charges applicable prior to the effective date of this ordinance shall be paid. -4- (d) Additional Charge. If the use of any property served by the City's sewerage and water system changes after the effective date of this ordinance (1) so as to change its classification for the pur- pose of computation of the charge, or (2) so as to increase the number of equivalent units by more than twenty percent over the number of such units at either the time of payment of the last charge or the effective date of this ordinance, whichever is later, then an additional charge resulting from the change in property use shall be due and payable at the time of the change in property use, regardless of whether any charge was ever imposed or paid at the time of initial connectionto the system. The increased charge imposed by this subsection shall be included on and payable as a part of the property owner's next utility service bill. (e) Use of Funds. All revenues derived from the charges imposed by this section, in excess of the sums required for actual reimbursement of costs for connection, shall be placed in a separate capital improvement fund to be known and designated as "Utility Trust Fund", and shall be used only for the construction, acquisition, addition, extension, renewal and replacement to the water, sewerage and drainage systems of the City, as appropriated from time to time by the Commission." SECTION 2. This ordinance is deemed to be cumulative and supplemental to all existing ordinances and charter provisions. SECTION 3. This ordinance shall become effective immediately upon its passage and adoption. PASSED AND ADOPTED this 27th March , A.D. 1972. Attest: Ci'ty Clerk' As the City of Sanford, Florida. -5- CERTIFICATE I, H. N. Tamm, Jr., City Clerk of the City of Sanford, Florida, do hereby certify that a true and correct copy of the foregoing Ordinance No. 1065, PASSED and ADOPTED by the City Commission of the City of Sanford, Florida, on the 27th day of March, 1972, was POSTED at the front door of the City Hall in the City of Sanford, Florida, on the 28th day of March, 1972. <i~f~he ~ ~ ~y~ %~e rk~ojf/t he City of Sanford, Florida