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HomeMy WebLinkAboutResolution 509 Sewer Capacity 8/26/85 RESOLUTION NO. 509 A RESOLUTION OF THE CITY OF WINTER SPRINGS, FLORIDA, RELATING TO SEWER CAPAC- ITY ALLOWANCE; PROVIDING AN APPROVAL PRO- CEDURE; PROVIDING REQUIREMENTS FOR MAIN- TAINING THE SEWER CAPACITY ALLOWANCE; PRO- VIDING FOR A CAPACITY RESERVATION CHARGE; PROVIDING FOR THE REVOCATION OF THE SEWER CAPACITY ALLOWANCE AND PROVIDING AN EFFEC- TIVE DATE. WHEREAS, the City of Winter Springs, Florida has acquired a wastewater works and fresh water distribution system; and WHEREAS, the City of Winter Springs, Florida recognizes that its resources may at times be limited; and WHEREAS, the City of Winter Springs, Florida wishes to assure an equitable method of allocation of its sewer capacity to both its present and future customers. THE CITY OF WINTER SPRINGS, FLORIDA HEREBY RESOLVES: Section 1. Allocation of Capacity. (A) Application Procedure. All applications for sewer capacity shall be awarded on a first-come first-serve basis, unless otherwise provided in this Resolution, and shall meet the following requirements in addition to other applicable requirements of the Code of Ordinances: (1) When capacity is available. (a) A Developer shall file a writ- ten application on the form prescribed by the util- ity manager. (b) The utility manager shall notify the Developer by certified mail that the requested capacity is available. (c) The Developer shall issue, a letter of intent, within ten days of the receipt of the notice, confirming a wish to receive the allo- cated capacity and that the Developer will abide by all regulations concerning the grant of capaci ty; execute a Developer Agreement with the City within a reasonable time; pay the applicable fees within the prescribed time limits; and fulfill any other related requirements prescribed by the City. The Developer Agreement may include provision for phased development within specified time periods. If phased development is included, the agreement shall also establish a capacity reservation charge to be paid for the capacity allocation held outstanding during the development process. (d) If the Developer refuses the capacity allocation or fails to meet the stated requirements, the Developer must reapply under the applicable provision. (2) When capacity is not available. (a) A developer shall file a writ- ten application on the form prescribed by the util- ity manager. (b) The utility manager shall notify the Developer by certified mail that the requested capacity is unavailable and that the application has been placed on a preliminary capac- ity waiting list maintained by the utility manager. (c) When capacity becomes avail- able, the Developer shall be notified and execute under the procedures outlined in paragraph (1). (d) The preliminary capaci ty wait- ing list shall be maintained in order of priority based on first-come first-serve basis unless other- wise provided herein. If a Developer on the pre- liminary capacity waiting list refuses in a timely manner to accept his capacity allocation when noti- fied of its availability, the Developer shall be removed from the preliminary capaci ty wai ting list unless the Developer gives written notification to the utili ty department of intent to remain on the preliminary capacity waiting list and such notice is - 2 - received in a timely manner. When notice of intent to remaln on the list is received, the Developer shall be placed in the last priority at the time of notice. If the Developer fails to notify the utility manager of a decision to accept the capacity allocation, the Developer shall be required to reap- ply under the applicable provisions. (B) If a Developer does not elect in a timely manner to use the capacity allowance nor to remain on the pre- liminary waiting list, if applicable, the Developer shall recom- mit the capacity allowance under the following procedure: (1) If the Developer Agreement specifies the time periods required for the phases of the development and a capacity reservation charge to be paid for that portion of the capacity allocation held outstanding during the development pro- cess, the Developer may retain the designated capacity upon exe- cution of an agreement and the payment of such charge. Any capac- ity not reserved by agreement shall be returned to the utility and a pro rata share of the original capacity reservation charge shall be refunded to the Developer for the unused or returned portion of the capacity allocation. (2) If no provision is established for phasing, the Developer Agreement shall specify a time for which the capacity allocation may be reserved and a capacity reserva- tion charge for the period it is held outstanding. If the Developer does not meet the specified time requirements or pay the fee as required, the capacity allocation shall be revoked and the Developer must reapply under the applicable provisions; how- ever, the time for which the capacity allocation is reserved may be extended upon the payment of an additional capacity reserva- tion charge established by the City. Such extension or exten- sions shall not exceed six months. (C) Once a capacity allocation is granted, it shall be utilized in whole in accordance with the negotiated Developer Agreement and may not be transferred to any other - 3 - project without reapplication by the Developer under the applica- ble procedure. Any portion of the capacity allocation not used based upon the formula utilized for quantifying the allocation, which shall not be actual use figures, shall be returned to the utility for a pro-rata refund of the original capacity reserva- tion charge. (D) A Developer, in the Developer Agreement, may elect to provide effluent take-back in lieu of paying the required connection fee. Such "take-back" to be in an amount not less than 150% of the effluent disposal required by the Devel- oper. (E) The Developer shall be responsible for sub- mitting the required information to the state and federal regula- tory agencies with jurisdiction and obtaining any necessary per- mits from such agencies. A final plat plan shall not be recorded until all necessary permits by the state and federal regulatory agencies have been granted. If a regula tory agency denies an applicable permit, the capacity reservation charge shall be refunded to the Developer within thirty days from the date of the receipt by the utility manager of the request for a refund. A request for refund by the Developer shall include notice on the denial of the permit and a written request that the allocation be revoked. (F) Reservation of capacity allocation shall not be construed as an approval for development. The Developer shall proceed and comply with all the applicable provisions of the Code of Ordinances. Section 2. Effective Date. This Resolution shall take effect immediately upon its passage. PASSED, this 26th day of August, 1985. CITY OF WINTER SPRINGS, FLORIDA JOHN V. TORCASO, MAYOR ATTEST: Mary T. Norton City Clerk 1837JCH-1G - 4 -