Title
ORDINANCE NO. 25O-01-100: AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF LAUDERHILL, FLORIDA, AMENDING CHAPTER 21 ENTITLED “WATER AND SEWER SERVICE,” ARTICLE IV ENTITLED “DEPARTMENT OF ENVIRONMENTAL AND ENGINEERING SERVICES RULES, REGULATIONS AND RATES,” SECTION 21-47 ENTITLED “SCHEDULE OF RATES AND CHARGES” OF THE CODE OF ORDINANCES TO DELETE REFERENCES TO IMPACT FEES AND TO ESTABLISH WATER CONNECTION CHARGES FOR NEW MULTI-FAMILY HOUSING DEVELOPMENTS; PROVIDING FOR CONFLICTS, SEVERABILITY, AND CODIFICATION; AND PROVIDING FOR AN EFFECTIVE DATE (REQUESTED BY INTERIM CITY MANAGER KENNIE HOBBS, JR.).
Body
Request Action:
Amend Code of Ordinances to delete references to Impact Fees and to establish water connection charges for new multi-family housing developments.
Need Summary Explanation/ Background:
Florida Statute 163.31801 defines impact fees and outlines specific criteria that cities must adhere to when implementing or modifying them. Impact fees are associated with the infrastructure necessary to support new development. The Statute mandates public notice and accounting requirements, as well as restrictions on fee increases, collection, and usage.
However, it is important to note that Section (12) of the Statute specifically exempts water and sewer connection fees from its application. Water and sewer connection fees differ from impact fees in that they relate to a municipal enterprise rather than general governmental services. This distinction is acknowledged in the Statute, which exempts water and sewer connection fees.
Despite this exemption, there is a conflict with Lauderhill’s existing Code, which erroneously states that “connection fees are synonymous with the term ‘impact fees.” As such, we are proposing to correct this inconsistency by removing the erroneous statement from our Code.
Furthermore, while the current intent and past practice have been to charge all new development connection fees, there is a potential ambiguity in the current Code language that could imply that an existing meter could be used for new development without paying connection fees, regardless of the number of residential units being added to the service. The proposed language eliminates any ambiguity related to new multi-unit development.
Cost Summary/ Fiscal Impact:
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[ ] RFP/Bid [ ] Emergency Purchase [ ] SBE
[ ] Proposal/Quote [ ] State Grant Funds [ ] Local Preference
[ ] Piggyback Contract [ ] Federal Grant Funds
[ ] Sole Source [ ] Matching Required