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HomeMy Public PortalAbout2006-05 ORDINANCE NO. 2-2006 CAPITAL COST RECOVERY FEES /WATER AN ORDINANCE TO AMEND THE CODE OF ORDINANCES FOR THE CITY OF TYBEE ISLAND, TO IMPOSE A CAPITAL COST RECOVERY FEE, TO PROVIDE A METHOD TO CALCULATE SUCH FEE, TO MAINTAIN AN ACCOUNT TO WHICH SUCH FEES SHALL BE DEPOSITED AND TO PROVIDE FOR THE PURPOSE OF SUCH ACCOUNT AND FOR THE EXPENDITURE FROM FUNDS THEREFROM, TO PROVIDE AN EFFECTIVE DATE AND FOR OTHER PURPOSES. WHEREAS, the duly elected governing authority for the City of Tybee Island, Georgia is authorized under Article 9, Section 2, ¶ 3, of the Constitution of the State of Georgia to adopt reasonable Ordinances to protect and improve the public health, safety, welfare and aesthetics of the citizens of the City of Tybee Island, Georgia; and WHEREAS, the duly elected governing authority of the City of Tybee Island is the Mayor and Council thereof; and WHEREAS, the governing authority desires to adopt Ordinances and regulations under their police and home rule powers to regulate the development in the City consistently with infrastructure limitations and to control the cost associated with providing services including waste water treatment and potable water supply; and WHEREAS, the City of Tybee Island has adopted a master plan and the governing authority has developed a master plan and desires to adopt an ordinance consistent therewith; and WHEREAS, the shortage of potable water into the projected future has reached a critical stage and alternative sources of reaching potable water have become of utmost importance; and G /commonl6MFU14/ 14356 /ordinancesfNo.2- capital cos trecoveryfec-water 01.06 WHEREAS, the Environmental Protection Division of the Department of Natural Resources has consulted with the City regarding demands on the City's infrastructure and the limitations on the City's permitted water drawing capacity; and WHEREAS, the sole source of potable water is the upper floridan aquifer and no other opportunities or sources currently exist; and WHEREAS, the City is exploring ways of conserving water usage and for alternative sources of potable water and needs to generate funds in connection with such alternative sources; WHEREAS, the City has investigated the number of possible remaining taps for development of the island and the impact thereof on the existing water supply and recent studies have indicated that Tybee is adjacent to a cone of depression of salt water intrusion into the upper floridan aquifer; and WHEREAS, the City has been advised that it would cost approximately one million dollars to drill wells to reach the lower aquifer assuming permits therefore could be granted, exclusive of equipment required to treat the water contained therein to render it potable, which is expected to cost $2,000,000.00 - $4,000,000.00; and WHEREAS, capital equipment such as that necessary to monitor the water system and sewer treatment facilities of the City to permit the rapid detection of remote leaks are necessary and have an estimated cost of $450 - 500,000.00; and WHEREAS, the City desires to install a system for the delivery of treated effluent from the sewage treatment plant for the sole purpose of irrigation in order to lessen the strain upon the supply of drinking water for the City caused by the installation of additional taps thereto, such capital improvements having an estimated cost of $5,000,000.00; and G /common/EMH/1 4/ 1 43 5 6 / ordinances /No.2- capitalcostrecoveryfee -water 01 .06 WHEREAS, the City wishes to expand its public outreach programs in order to better inform the citizens of the need and available means of conserving as much water as possible in order to extend the viability of the City's potable water supply; NOW THEREFORE BT IT ORDAINED by the governing authority of the City of Tybee Island, Georgia duly authorized as follows: The Code of Ordinances for the City of Tybee Island shall be amended so as to provide a new section to be entitled "Capitol Cost Recovery Fees /Water" and to state the following: SECTION ONE There is hereby imposed upon any new applications for subdivisions, commercial or industrial developments and/or building permits a "Capital Cost Recovery Fee /Water" which shall be subject to the terms of this Ordinance. SECTION TWO A capital cost recovery fee shall be paid to the City at the time of an application for the granting of a building permit and /or the connection to water facilities of the City, whichever first occurs. SECTION THREE In addition to the capital cost recovery fee /water established herein, the connection or tap fee established by other ordinances will be paid and each property owner or developer is responsible for all cost of installing and maintaining the service connection from a building to a tap. G/ common /EMH/1 4 /1 43 56/ ordinances /No.2- capitalcostrecoveryfee -water 01.06 SECTION FOUR The payment of the fee provided for herein shall not be a condition for any developmental approval by the City and shall solely constitute a condition for access to the public water supply. SECTION FIVE The Capital Cost Recovery Fee shall be $2,000.00 for each tap. SECTION SIX The funds generated by the Capital Cost Recovery Fee /water shall be deposited into a Capital Cost Recovery Fee/water interest - bearing account to be maintained by the City to offset the anticipated future cost of alternative water sources and capital conservation improvements. The City will be exploring the methods of securing additional water sources conserving existing sources and the sole purpose for the use of these funds and interest generated thereon shall be the exploration for such sources, the securing and development of such sources, and the capital cost associated therewith. SECTION SEVEN On at least an annual basis, the City, through staff and the Mayor and Council shall re- evaluate the progress on generating additional sources or alternate sources of potable water and shall consider adjustments necessary in the capital cost recovery fee/water after taking into account the then- existing capacity remaining within the City's current permitting capacity and the projected cost of alternative sources and other related factors, including, but not limited to, permitting capacity and impact of new technologies. Severability. The sections, paragraphs, sentences, clauses and phrases of this ordinance are severable, and if any phrase, clause, sentence, paragraph, or section of this ordinance shall be G/common/EMH/14 /1 4356/ ordinancesJNo .2- capitalcostrecoveryfee -water 01 .06 declared invalid by the valid judgment or decrees of any court of competent jurisdiction, such illegalities shall not effect any of the remaining phrases, clauses, sentences, paragraphs and sections of this ordinance. Repealer. All ordinances and parts of ordinances in conflict herewith are hereby expressly repealed. Adoption/Effective Date. The adoption date of this ordinance is N (� �.., ' k ��. k (.;.r,,, (c , 2006, and it shall become effective on that date. TRST READ G _ 1 ' al fl SECOND READING l 9,(C ) L /. IVYOR ATTEST: '''( _ ),k..) Cir.V-IL, ili i ' Clerk of Council G2ommon/EMH/I4 /1 43561 ordinances /No.2- capitalcostrecoveryfee -water 01 .06