§ 23-774. Water system impact fees.

a. Findings applicable to water system impact fees. In addition to the findings contained in section 23-762, the commission hereby specifically ascertains, determines and declares as follows:

1. The water systems are designed and intended to provide water services for all persons within the city's utility service area and are exclusively provided by the city; therefore, the water system impact fee shall be imposed throughout the Lake Wales Utility Service Area as that area is defined by interlocal agreement between the city and the county and the tri-city agreement between the city and the cities of Winter Haven and Dundee, as they may be amended from time to time. Said agreements are on file in the official records of the city and are incorporated herein by reference.

2. The improvements and additions to the water system funded by the water system impact fee provide a benefit to all water system impact construction in excess of the impact fee.

3. The existing water system and other improvements and additions contemplated by the commission and funded by revenues other than impact fees, shall eliminate any deficiency between the existing water system and the adopted level of service and shall be sufficient for the needs of the existing population of the utility service area. Therefore, the revenues derived from the water system impact fee shall be utilized only for the improvements and additions to the water system which are necessitated by water system impact construction.

b. Imposition of water system impact fees. All water system impact construction occurring within the city, shall pay the impact fees as established within Schedule "B", which is attached hereto and incorporated by reference.

c. Establishment of water system impact fee trust account. The commission hereby establishes a separate trust account for the water system impact fees, to be designated as the "Water System Impact Fee Trust Account," which shall be maintained separate and apart from all other accounts of the city. All such impact fees shall be deposited into such trust fund immediately upon receipt.

d. Use of water system impact fees. The monies deposited into the Water System Impact Fee Trust Account shall be used solely for the purpose of constructing or improving the city's water system, including, but not limited to:

1. Design and construction plan preparation;

2. Permitting;

3. Land acquisition, including any costs of acquisition or condemnation;

4. Construction and design of water system facilities;

5. Design and construction of new drainage facilities required by the construction of water system facilities;

6. Relocating utilities required by the construction of water system facilities;

7. Landscaping;

8. Construction management and inspection;

9. Surveying, soils and material testing;

10. Acquisition of vehicles utilized in providing water service and the apparatus or equipment necessary to provide such service;

11. Repayment of monies transferred or borrowed from any budgetary fund of the city which were used to fund any of the construction, acquisition or improvements herein defined;

12. Payment of principal and interest, necessary reserves and costs of issuance under any bonds or other indebtedness issued by the city to provide funds to construct or acquire contemplated water system improvements, subsequent to the adoption of this division.

e. Restrictions on use of water system impact fees. Funds on deposit in the water system impact fee trust account shall not be used for any expenditure that would be classified as an administrative, maintenance, repair, or other operating expense.

f. Investment of water system impact fees. Any funds on deposit which are not immediately necessary for expenditure may be invested by the city. All income derived from such investments shall be deposited in the water system impact fee trust account and used as provided herein.

(Ord. No. 2006-04, § 1, 2-21-2006)