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HomeMy WebLinkAboutOrdinance 357 Revenue Generation System ORDINANCE NO. 357 AN ORDINANCE OF THE CITY OF WINTER SPRINGS, FLORIDA, PROVIDING FOR THE ADOPTION OF A REVENUE GENERATION SYSTEM PURSUANT TO SECTION 17-50.017, FLORIDA ADMINI- STRATIVE CODE; SETTING FORTH SPECIFIC PROVISIONS REQUIRED THEREBY; ESTABLISHING A SEWERAGE SYSTEM CAPITAL IMPROVEMENT ACCOUNT AND PROVIDING A DATE FOR COMMENCEMENT OF DEPOSITS THERETO; AND PROVIDING AN EFFECTIVE DATE THEREFORE. PURPOSE: TO ADOPT A REVENUE GENERATION SYSTEM AS A PREREQUISITE TO RECEIVING STATE GRANT FUNDS UNDER PROVISIONS OF REGULATORY REQUIRE- MENTS; CONFLICTS; SEVERABILITY AND EFFECTIVE DATE. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE THE CITY OF WINTER SPRINGS, FLORIDA, that: SECTION 1: The City hereby established two separate accounts into which deposits required for accumulation of the equivalent future value of the grant amount shall be made, to wit: (a) Sewerage System Capital Improvement Account - Source Wastewater System Development Charges; and, (b) Sewerage System Capital Improvement Account - Other Sources. The Sewerage System Capital Improvement Account - Source Wastewater System Development Charges shall be segregated from any other source of money in order that the City can monitor and maintain its compliance with the "Dunedin decision." SECTION 2: Deposits to the Sewerage System Capital Improvement Accounts shall commence not later than the end of each one-year period beginning with the date of initiation of operation of the complete grant funded treatment works. Beneficial occupancy shall be deemed the date of initiation of operation of the complete grant funded treatment works. The number of annual deposits shall be 20, which is the weighted design life of the treatment works as calculated by the City's Utilities Consulting Engineers. Deposits into Sewerage System Capital Improvement Accounts shall be made annually, or, at the discretion of the City's Finance Director, more frequently. Deposits shall be made not later than on the last business preceding the anniversary date of beneficial occupancy. The City does not have any plans at present for early termination of deposits into the Sewerage System Capital Improvement Accounts. The City may, however, make prepayments into these funds upon the recommendation of the City's Finance Director and approval of the City Manager. Deposits may be terminated once the sum of all deposits exceeds twenty times the annual deposit determined below. The aggregate amount of the annual deposits into the Sewerage System Capital Improvement Accounts shall be determined by the following formula: D G x i (1 + i) (1 +i)lJL-.L DL Where: D required annual deposit G grant amount actually received by City i 0.078 DL 20 years The sources of revenue for the required deposits shall be as follows: (a) Wastewater system development charges (to the extent permitted by law). (b) Current year surpluses from the Revenue Fund. (c) Prior year surpluses from the Revenue Fund. If the above sources of revenues are collectively insufficient to make the annual deposit, then the wastewater user charges shall be increased to provide the remaining source of funds necessary for such annual deposits above those required by the City's revenue rate covenant to cover any bonded indebtedness deficiencies in debt service. Deposits into the Sewerage System Capital Improvement Accounts shall be in- vestigated in accordance with the City's normal practice for investment of funds, but shall be accounted for separately. SECTION 3: Accrued moneys in the Sewerage System Capital Improvement Accounts shall be expended for any permissible purpose including, but not limited to, the following: (a) Capacity expansion of any wastewater system facility. (b) Replacement of any wastewater system component which has reached the end of its design life. (c) Repair and/or replacement of treatment plant, pumping station or major transmission facilities in the event that these items are undertaken as part of capacity expansion or upgrade necessary to meet more stringent effluent limitations required by a regulatory agency or are necessitated as the result of man-made or natural disaster. SECTION 4: The City shall engage a certified public accounting firm to prepare and submit annually to the Florida Department of Environmental Regulation a certification that the revenue generation system has been main- tained in accordance with Chapter 17-50, Florida Administrative Code. SECTION 5: The City may amend this ordinance from time to time as warranted in order to comply with modifications to Chapter 17-50, Florida Administrative Code. SECTION 6: This ordinance shall become effective after second and final reading and signature by the Mayor. SECTION 7: If any section or portion of this Ordinance proves to be invalid, unlawful or unconstitutional, it shall not be held to invalidate or impair the validity, force or effect of any other section or portion of a section or sub-section or part of this Ordinance. SECTION 8: All Ordinances or parts of Ordinances in conflict herewith are hereby repealed. PASSED and adopted this 8th day of December, 1986. CITY OF WINTER SPRINGS JOHN V. TORCASO, MAYOR ATTEST: Mary T. Norton CITY CLERK First Reading: 10/13/86 Posted 10/21/86 Second Reading & Public Hearing 12/8/86 1/23/87-Telecom DER w/Ctg. Mgr. Ordinance accepted. The.OrIando Sentinel Publiabed Oail,: A1tamonte SpriDp, Seminole County, Florida ADVERTISING CHARGE $36.20 ~htte of Jflorihn} SS. COUNTY OF ORANGE in the Court, NOTICE OF PUBLIC HEARING CITY OF WINTER IPRINGS NOTICE IS HEREBY GIVEN by the City Commisakln of the City of Winter Springs, Rorlda, that aald City C0m- mission will hokI a Public Heating on an ordinance lIIltitllid as foIlOw8: ORDINANCE NO. 357 AN ORDINANCE OF THE CITY OF WINTER SPRINGS, FLORIDA PROVIDING FOR THE ADOPTION OF A REVENUE GENERATION SYSTEM PURSUANT TO SEC- TION 17-50.017, .FLORIDA AD- MINISTR~TIVE COOE; SEmNO FORTH SPECIFIC PROVISIONS REQUIRED THEREBY; ESTAB- LISHING A SEWERAGE SYSTEM CAPITAL IMPROVEMENT AC- COUNT AND PROVIDING A DATE FOR COMMENCEMENT OF DE- POSITS THERETO: AND PROVID- ING AN EFFECTIVE DATE THEREFORE. PURPOSE: TO ADOPT A REVENUE GENERA- TION SYSTEM AS A PREREQUI- SITE TO RECEIVING STATE. GRANT FUNDS UNDER PROVI- SIONS OF REGULATORY RE- QUIEMENTS; CONFLICTS; SEV- ERABILITY. AIIID EFFECTIVE DATE. ~ This PubliC Hearing will be held at 7:30 p.m. on Monday, Dec. 8, 1986, or as soon thereafter as possible, at the Commission Chambers, City Hall, 1126 Eaat S. R. 434, Winter Springs, FI. 32706. Copies of the proposed ordinance are available in the office of the City Clerk for inspection. Intereatad partles may appear at this hearing and be heard with respecI 10 this proposed ordinance. Persons are advisad Ihat if they de- cide 10. appaai any decision made at this mealing, they will nead a record Of the proceedings and for such pur- pose, they may nead to ensure that a verbatim record of Ihe proceedings is made which record includes the leati- mony and eviden<<=!. upon which the appeal is to be balied par Secllon 286.D1 05 Florida Statutes. Dated m'::~d~~r~~s, FLORIDA / stMary T. Norton Mary T. Norton, -City Clerk L$-881(6s) Nov.16,1986 , who on oath says that she IS the Legal Advertising Representative of the Orlando Sentinel, a Daily newspaper Before the undersigned authority personally appeared _ Catherine Deering published at Altamonte Springs, in Seminole County, Florida; that the attached copy of ad- vertisement, being a Notic e of publ ic Hear ing in the matter of Ordinance No. 357 was published in said newspaper in the issues of November 16, 1986 Mfiant further says that the said Orlando Sentinel is a newspaper published at Altamonte Springs, in Seminole County, Florida, and that the said newspaper has heretofore been contin- uously published in said Seminole County, Florida, each Week Day and has been entered as second-class mail matter at the post office in Altamonte Springs, in said Seminole County, Florida for a period of one ear next preceding the first publication of the attached copy of ad- vertisement; and affi furt says that he/she has neither paid nor promised any person, tu:->r corporation an discount, ate, commission re d for the purpose of securing this ll\ .isement for pub tion in th 'd newspaper, of November 18th Sworn to and subscribed before me this ~, Notary Pu .. , My Commission Expi es July 31, 80nded Thru Brown & Brown, Inc, FORM NO. AD-264 ..JAMES E. ALDERMAN SILVIA MORELL ALDERMAN RANDAL M. ALLIGOOD FREDERICK L. BATEMAN? JR. EDMUND T. SAXA, JR. DANIEL O. BRADLEY JEANELL.E G. BRONSON PAUL F. BRYAN JAMES A. BURT DWIGHT I. COOL MARGUERITE H. DAVIS ROBERT H. DELLECKER MARTIN R. PIX CHARLES R. GEORGE m EDWARD E. HADDOCK, JR. MITCHELL B. HAIGLER ..JAN E C. HAYMAN ROBERT A. HENDERSON ALLAN J. KATZ CHRISTOPHER K. KAY FRANK C. KRUPPENBACHER EDWARD L. KUTTER THOMAS F. LANG I)); U~ ~ rwl~J" ~~~~ ~~ iY~) ~ V ~~~~d~ SUITE 1100 135 WEST CENTRAL BOULEVARD POST OFFICE BOX 640 ORLANDO, FLORIDA 32802-0640 (305) 425-3939 SUITE 800 BARNETT BANK BUILDING 315 SOuTH CALHOUN STREET TALLAHASSEE? FLORIDA 32301 (904) 224-9634 TELEX 33-3627 200 SEMINOLE STREET POST OFFICE BOX 538 STUART, FLORIDA 33495 (305) 287-8822 SOUTHEAST BANK BUILDING 300 SOUTH 6TH STREET FT. PIERCE? FLORIDA 33450 (30S) 466-9119 REPLY TO ORLANDO February 16, 1987 Mr. Richard Rozansky City Manager City of Winter Springs 1126 E. State Road 434 Winter Springs, Florida 32708 RE: Dear Dick: Charge for Water and Sewer ~l~ , ~\. .:"'l , . -., n ~') l 0{ hi " t. ) r.:f;"/ ;;LLi~~A8[rt PETER G. LATHAM RICHARO P. LEE ROBERT R. MAKEMSON .JAMES H. McCARTY, JR. .JOSEPH R. PANZL ROBERT A. SAVILL DAVI D N. SOWERBY ROBERT P. SUMMERS RICHARD R.SWANN STEPHEN E. THOMPSON MARK S.WALKER JAMES G.WILLARD LETITIA E.WQOD OF COUNSEL EDWARD S.JAFFRY DAVID C. LATHAM PATRICK F. MARONEY SPECIAL CONSULTANT WI LLlAM D. RUBI N NOT A MEMBER OF THE FLORIDA BAR PERVIE P. SWANN (1895-1984) As we discussed on Friday, February 13, 1987, we feel that it is a defenseable position for you to require payment for water service if sewer service is employed. Without the use of water, your ordinance does not allow you to make a determination on a sewer charge. Further, it appears to be the intent of the Commission to assess the fee for the use of your system based only on water usage. At this time we recommend that you inform the developer in question that your system will not provide sewer service without a water consumption component. If you have any questions, please contact me. TFL:bsb v~--fours, / \~/ Thomas~ang Distri:"'ution Made Date: J. - ~-'? If By: ~ ,.. fI ~: 3 ~ It 1"1-\ ,- rl/l/,fAlcF 011 ~ ?MlLrk ~ Clrl ~~(r,{.. W ~ h/~ f'1 Y U77(. ~ cr.' \?.