HomeMy WebLinkAbout12011993-A City of Sebastian
1225 MAIN STREET g SEBASTIAN, FLORIDA 32958
TELEPHONE (407) 589-5330 [] FAX (407) 589-5570
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AGENDA
I SEBASTIAN CiTY COUNCIL
SPECIAL MEETING
DECEMBER 1, 1993 - 6:30 EM.
CITY COUNCiL CHAMBERS
1225 MAIN STREET, SEBASTIAN, FLORIDA
ALL PROPOSED ORDINANCES AND INFORMATION ON ITEMS
BELOW MAY BE INSPECTED IN THE OFFICE OF THE CITY CLERK,
CITY HALL, 1225 MAIN STREET, SEBASTIAN, FLORIDA.
No public input shall be allowed at a special meeting, other than during a scheduled public
hearing, if any, unless otherwise provided in the meeting call. (R-93-19)
PURPOSE:
PUBLIC HEARINGS'AND ADOPTION OF:
1) ORDINANCE NO. O-93-19 - hdding New Chapter
to Code of Ordinances - Water and
Wastewater Utility Rate Ordinance
2) RESOLUTION NO. R-93~59 - Water and
Wastewater Rates
1. CALL TO ORDER
2. PLEDGE OF
3. ROLL CALL
ALLEGIANCE
93.263
PGS 1-39
PUBLIC HEi~IN~ F~NAL ADOPTION
ORDINANCE NO. D-93-19 - Adding New Chapter to
Code of ordinances - "Water and Wastewater
Utillt¥ Rate ordinance" - Revised Draft
(Utilities Director Transmittal dated 11/22/93,
o-93-19)
AN ORDINANCE OF THE CITY OF SEBASTIAN, INDIAN RIVER
COUNTY, FLORIDA, AMENDING THE CODE OF ORDINANCES OF
THE CITY OF SEBASTIAN BY ADDING A NEW CHAPTER TO BE
ENTITLED "THE WATER AND WASTEWATER UTILITY RATE
ORDINANCE"; PROVIDING A TITLE; MAKING CERTAIN
LEGISLATIVE DETERMINATIONS; PROVIDING DEFINITIONS;
PROVIDING GENERAL TERMS AND CONDITIONS REGARDING
UTILITY SERVICE, ESTABLISHING METER TESTING CHARGES,
CUSTOMER DEPOSIT CHARGES, CONNECTION CHARGES, AND
WATER AND WASTEWATER CAPITAL CHARGES; ESTABLISHMENT
OF THE WATER AND WASTEWATER CAPITAL IMPROVEMENT
FUNDS; RETURNED CHECK CHARGES; PROVIDING
MISCELLANEOUS SERVICE CHARGES; THE ESTABLISHMENT OF
WATER AND WASTEWATER RATE SCHEDULES; TERMS OF
PAYMENT; PROVIDING FOR RESPONSIBILITY FOR COLLECTION,
DISTRIBUTION AND TRANSMISSION COSTS; PROVIDING FOR
ENFORCEMENT AND PENALTIES FOR VIOLATION OF THIS
ORDINANCE; PROVIDING FOR LIBERAL CONSTRUCTION;
PROVIDING FOR SEVERABILITY; PROVIDING FOR CONFLICTS;
PROVIDING AN EFFECTIVE DATE.
93.263
PGS 41-48
RESOLUTION NO. R-93-59 - Water and Wastewater
Rates (Utilities Director Transmittal dated
11/22/93, R-93-59 w/ Exhibits)
A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN RIVER
COUNTY, FLORIDA, ESTABLISHING A WATER SYSTEM RATE
SCHEDULE AND A WASTEWATER SYSTEM RATE SCHEDULE AS
PROVIDED IN ORDINANCE NO. O-93-19 AND THE CODE OF
ORDINANCES OF THE CITY OF SEBASTIAN; PROVIDING FOR
REPEAL OF RESOLUTIONS OR PARTS OF RESOLUTIONS IN
CONFLICT HEREWITH; PROVIDING FOR SEVERABILITY; AND
PROVIDING FOR AN EFFECTIVE DATE.
5. ADJOURN
ANY PERSON WHO DECIDES TO APPEAL ANY DECISION MADE BY THE CITY
COUNCIL WITH RESPECT TO ANY MATTER CONSIDERED AT THIS MEETING (OR
HEARING) WILL NEED A RECORD OF THE PROCEEDINGS AND MAY NEED TO
ENSURE THAT A VERBATIM RECORD OF THE PROCEEDINGS IS MADE, WHICH
RECORD INCLUDES THE TESTIMONY AND EVIDENCE UPON WHICH THE APPEAL
IS TO BE HEARD. (286.0105 F.S.)
IN COMPLIANCE WITH THE AMERICANS WITH DISABILITIES ACT (ADA),
WHO NEEDS A SPECIAL ACCOMMODATION FOR THIS MEETING SHOULD
CONTACT THE CITY'S ADA COORDINATOR AT 589-5330 AT LEAST 48 HOURS
IN ADVANCE OF THIS MEETING.
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City of Sebastian
POST OFFICE BOX 780127 [] SEBASTIAN, FLORIDA 32978
TELEPHONE (407) 589-5330 [] FAX (407) 589-5570
SUBJECT:
RATE ORDINANCE 0-93-19
Approval for Submittal By:
City Manager:
) Dept. of Origin Utilities
)
) Utilities Director/~.~.~~
)
) Date Submitted: November 22, 1993
)
) For Agenda Of: December 1, 1993
)
) Exhibits= Rate Ordinance 0-93-19
EXPENDITURE AMOUNT
REQUIRED: n/a BUDGETED: n/a
APPROPRIATION
REQUIRED: n/a
SUMMARY STATEMEN?
The first reading of the Rate Ordinance O-93-19 was held on
November 17, 1993. Subsequently, Council authorized that the
second reading, public hearing, and final action for Ordinance 0-
93-19 be scheduled for a special meeting to be held on Wednesday,
December 1, 1993 at 6:30 p.m. Any additional changes by staff
would be made following the November 17, 1993 first reading and
prior to the November 24, 1993 close of the agenda for the December
1, 1993 meeting.
In a final review of the proposed Ordinance, staff has
determined that the following substantive amendments be made to the
Ordinance pages listed below:
Page 6 Definition (14) (continued from Page 5) - The second
sentence following the words "dividing that ADF by" should
read "200 gallons per day for wastewater or 250 gallons per
day for water" in lieu of 250 gallons per day and 300 gallons
per day respectively, to be consistent with the definition of
wastewater and water ERU's.
Page 9 Definition (33) - "Wastewater Capital Charge" should
include (Sewer Impact Fee) immediately following the
Definition (35) "Water Capital Charge" should include (Water
Impact Fee) immediately following the definition, for further
identification of both charges.
Page 2 of 2
November 22, 1993 Agenda Request Regarding Rate Ordinance 0-93-19
Page 12 Paragraph 9 "Billing Periods" - In the first sentence
the words "and wastewater" should be inserted between the
words "water" and "service" to read "Bills for water and
wastewater service" etc.
Page 17 Paragraph 2 "Amount of Deposits" - a graduated scale
of one time payment water and wastewater deposits was
calculated to replace the $5~.O~ deposit originally shown for
every size meter. Refer to the attached Water and Sewer
Deposit Calculation Sheets.
Page 26 - In the second sentence from the top of the page,
change the wording "ending September 30, 1995, through and
including September 30, 1998" to read "beginning October 1,
1994, through and including October 1, 1997"
Pages 27 and 28 - Change "5/8 inch meter" in all categories to
"5/8 × 3/4 inch meter", which is the minimum sized meter
installed for residential use.
Page 28 - Replace the "$15.~" charge for "Unauthorized use of
Fire Hydrant" to "$115.~"
Page 29 - In the second sentence from the top of the page,
change the wording "ending September 30, 1995, through and
including September 30, 1998" to read "beginning October 1,
1994, through and including October 1, 1997"
RECOMMENDED ACTION
It is recommended that Council move to approve the Rate
Ordinance 0-93-19 with the above amendments following conclusion of
the Public Hearing.
RESIDENTIAL
SEWER DEPOSIT CALCULATIONS
November 23, lCjg3
METER METER
SITF EQUIV.
EQIVALENT
X MONTHLY
MINIMUM VOLUME
BFC 3000 GAL CHARGE
TOTAL 3 TIMES
MONTHLY MONTHLY 'DEPOSIT
CHARGE BILL rounded
5/8"x3/4" 1
1" 2.5
11/2" 5
2" 8
$13.00 3000 $8.25
$32.50 7500 $20.63
$65.00. 15000 $41.25
$104.00 24000 $66.00
$21.25 $63.75 $60.00
$53.13 $159.39 $150.00
$106.25 $318.75 $300.00
$170.00 $510.00 $500.00
COMMERCIAL
METER
METER
EQUIV. BFC
EQIVALENT
X MONTHLY
MINIMUM VOLUME
3000 GAL CHARGE
TOTAL
MONTHLY
CHARGE
3 TIMES
MONTHLY DEPOSIT
BILL rounded
5/8 X 3/4
1"
I 1/2"
4"
1
2.5
5
8
15
25
50
$13.00
$32.50
$65.00
$104.00
$208.00
$325.25
$65o.5o
3000 $8.25 $21.25 $63.75 $65.00
7500 $20.63 $53.13 $159.39 $160.00
15000 $41.25 $106.25 $318.75 $320.00
24000 $66.00 $170.00 $510.00 $510.00
48000 $132.00 $340.00 $1,020.00 $1,020.00
75000 $206.25 $531.50 $1,594.50 $1,600.00
150000 $412.50 $1,063.00 $3,189.00 $3,200.00
RESIDENTIAL
WATER DEPOSIT CALCULATIONS
November 23, 1993
METER METER
SIZE EQUIV.
5/8"x3/4"
1 1/2"
EQIVALENT"
X MONTHLY TOTAL
MINIMUM VOLUME MONTHLY
BFC 3000 GAL CHARGE CHARGE
3 TIMES
MONTHLY DEPOSIT
BILL rounded
1 $11.25
3000 $4.53 $15.78 $47.34 $50.00
2.5
$28.137500 $14,13
3OOO $4.53
3000 to 7000 $7.40
1000 $2.20
$42.26 $126.78 $130.00
5
$56,2515000 ~
3OOO $4.53
3000 to 7000 $7.40
7000 tO 1300 $13.20
13000 to 150 $8.40
$89,78 $269.34 $270.00
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$90.00 24000 $71,33
up ~ 13000 $25.13
13000to 24000 $46.20
$161.33 $483,99 $485.00
COMMERCIAL
METER
SIZE
5/8 X 3/4
1 1/2"
2'"
3'"
4"
6"
METER
EQUIV. BFC
EQiVALENT
X MONTHLY
MINIMUM VOLUME
3000 GAL CHARGE
1
2.5
5
8
15
25
50
$11.25
$28.15
$56.25
$90.00
$180.00
$281.25
$562.5O
300O $4.53
7500 $11,33
15000 $22.65
24000 $36.24
48OOO $72.48
75000 $113.25
150000 $226.50
TOTAL 3 TIMES
MONTHLY MONTHLY DEPOSIT
CHARGE BILL rounded
$15.78 $47.34 $50.00
$39.48 $118.44 $150.00
$78.90 $236.70 $300.00
$126.24 $378.72 $500.00
$252.48 $757.44 $750.00
$394.50 $1,183.50$1,200.00
$789.00 $2,367.00$2,400.00
ORDINANCE NO. O-93-19
AN ORDINANCE OF THE CITY OF SEBASTIAN, INDIAN RIVER
COUNTY, FLORIDA AMENDING THE CODE OF ORDINANCES OF THE
CITY OF SEBASTIAN, BY ADDING A NEW CHAPTER TO BE'
ENTITLED "THE WATER AND WASTEWATER UTILITY RATE
ORDINANCE"; PROVIDING A TITLE; MAKING CERTAIN
LEGISLATIVE DETERMINATIONS; PROVIDING DEFINITIONS;
PROVIDING GENERAL TERMS AND CONDITIONS REGARDING
UTILITY SERVICE, ESTABLISHING METER TESTING CII~RGES,
CUSTOMER DEPOSIT CHARGES, CONNECTION CHARGES, AND WATER
AND WASTEWATER CAPITAL CHARGES; ESTABLISHMENT OF THE
WATER AND WASTEWATER CAPITAL IMPROVEMENT FUNDS;
RETURNED CHECK CHARGES; PROVIDING MISCELLANEOUS SERVICE
CH;~RGES; THE ESTABLISHMENT OF WATER AND WASTEWATER RATE
SCHEDULES; TERMS OF PAYMENT; PROVIDING FOR
RESPONSIBILITY FOR COLLECTION, DISTRIBUTION AND
TRANSMISSION COSTS; PROVIDING FOR ENFORCEMENT AND
PENALTIES FOR VIOLATION OF THIS ORDINANCE; PROViDiNG
FOR LIBERAL CONSTRUCTION; PROVIDING FOR SEVERABILITY;
PROVIDING FOR CONFLICTS; PROVIDING AN EFFECTIVE DATE.
NOW, THEREFORE, BE iT ORDAINED BY THE CITY COUNCIL OF THE
CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA:
SECTION 1. TITLE. The Code of Ordinances of the City of
Sebastian is hereby amended by adding thereto a new Chapter which
may be cited as the "Water and Wastewater Utility Rate Ordinance,"
or the "Rate Ordinance',.
SECTION 2. COUNCIL FINDINGS. In adopting this Ordinance and
the rates, fees, and charges incorporated herein, the City Council
of the City of Sebastian hereby makes and expresses the following
findings, purposes, and intent:
(1) Pursuant to Section 102-4 of the Code of Ordinances
of the City of Sebastian, and Ordinance No. 0-92-15, the City
Council shall have the duty, right, power, and authority to
establish, adopt, and amend from time to time by resolution a
water system rate schedule which shall apply to each customer of
the City's Water System.
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(2) Pursuant to Section 102-4 of the Code of Ordinances
of the city of Sebastian, and ordinance No. O-92-15, the City
Council shall have the duty, right, 'power and authority to
establish, adopt, and amend from time to~ time by resolution a
wastewater system rate schedule which shall apply to each
customer of the City's Water System.~
(3) Pursuant to Section 108.301, FlOrida Statutes, the
City Council may establish just and equitable rates or charges to
be paid to the City of Sebastian for the use of the utility by
each person, firm or corporation whose premises is served.
(4) The rates established herein provide funding for
water and sewer utility services which promote the health, safety,
and general welfare of its customers and is, therefore, beneficial
to the ratepayers of the Water and Wastewater System.
(5) The City of Sebastian is in the process of issuing
certain revenue bonds to, among other things, purchase the
Sebastian Highlands water and wastewater system from General
Development Utilities ("GDU").
(6) In order to provide payment for the revenue bonds,
the City must enact certain rates, fees, and charges, and meet
certain covenants as required by the Bond Resolution which
authorized the issuance of such Bonds.
(7) The city's engineers have performed certain studies
in order to calculate just, fair, and equitable rates, fees, and
charges.
(8) The City is authorized to adopt water and
wastewater rates, fees, and charges pursuant to Chapters 166 and
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180, Florida Statutes.
(9) The City has provided the required public notices
and held the necessary public hearing(s) in order to adopt said
water and wastewater rates, fees, and charges.
(10) The findings, conclusions, testimony, and results
of the public briefing document, studies, and comments of the
City's consultants and engineers are hereby incorporated into
these findings and this Ordinance.
(11) It is the policy and objective of the City Council
to ensure that rates, fees, and charges levied to pay for the cost
of the Acquisition,' additions,
reasonable and cover the true
'additions, and expansions.
and expansions are just and
cost of said acquisitions,
It is just and reasonable that the cost of the
System should be borne by those existing and new users on a fair
share basis in accordance with applicable law.
SECTION 3. DEFINITIONS. When used in this Rate Ordinance,
the following terms shall be defined to mean:
(1) "Applicant" means the owner of real property or the
person or legal entity which has the legal right to utilize real
property by means of any form of ownership which real property the
Applicant desires to be served by water service or wastewater
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service. The terms "Applicant", "Developer" and "Property Owner"
are synonymous and may be used interchangeably herein.
(2) "Application" means a written request from an
applicant requesting that, pursuant to a Utility Agreement,
specific water service and/or wastewater service be provided to
and for certain real property.
(3) "Biochemical oxygen demand" or "BOD" means the
quantity of oxygen in the biochemical oxidation of the organic
matter in wastewater under standard laboratory procedures in five
(5) days at twenty degrees centigrade (20 C), expressed in
milligrams per liter. The BOD shall be determined in accordance
with procedures set forth in the Standard Methods for the
Examination of Water and Wastewater.
(4) "City" means the city of Sebastian, Indian River
County, Florida, a municipal corporation of the State of Florida.
(5) "Collection facilities" means the lines, pipes, and
appurtenance equipment and all other related equipment of the
facility, of whatever.type or nature, used to collect sewage from
sewer facilities, buildings, structures or facilities and to
transmit it to wastewater transmission facilities.
(6) "Council" means the City Council of the City of
Sebastian, Florida.
(7) "Cross connection" means any physical arrangement
whereby a public water supply is connected directly or indirectly
with any other water supply system, sewer, drain, conduit, pool,
storage reservoir, plumbing fixture, or any other device, facility
or system which contains or may contain contaminated water,
sewage, waste material, or other material or substance of unknown
or potentially unsafe quality which may be capable of imparting
contamination to the public water supply as a result of backflow.
Bypass arrangements, jumper connections, changeable devices or
other devices through which or because of which backflow could
occur are deemed to constitute cross connections.
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(8) "Customer" mean~ any person, firm, or corporation
who has entered into an agreement to receive water or wastewater
service from the City and who is liable for the payment of that
water and wastewater service.
(9) "Customer installations" means all water and
wastewater facilities which ordinarily and customarily exist on
the consumers' side of the point of delivery, such as, by way of
example and not limitation, curb stops and lateral connections.
(10) "Distribution facilities" means the lines, pipes,
meters, and appurtenant equipment and any other related equipment
or facility, or whatever type or nature, used to distribute water
from the utility to the customer for usage.
(11) "Dwelling unit" means one or more rooms in a
residential or commercial building which are used or intended for
use as a living facility for no more than one family and generally
including provisions for living, sleeping, eating, cooking, and
sanitation. A hotel or motel room is not considered as a dwelling
unit.
(12) "Easement" means an acquired legal right for the
specific use of land owned by others.
(13) "Effluent disposal facilities" means those
wastewater facilities necessary to detain, transmit, store, and
dispose of wastewater previously treated at treatment facilities.
(14) "Equivalent residential unit" or "ERU" means a
factor used to convert a given average daily flow (ADF) to the
equivalent number of residential connections. For this purpose
the ADF of one (1) ERU is deemed to be 200 gallons per day (GPD)
for wastewater service and 250 GPD for water service. The number
of ERUs contained for a given ADF is initially determined
hereunder by dividing that ADF by two' hundred ~M (200) GPD for
wastewater or ~h~ee two hundred fifty ~ GPD for water. ERUs
shall be calculated as a whole number. The rounding of ERUs to
whole numbers shall be calculated as follows: 0.5 and greater
shall be rounded up to the next whole number, and 0.49 and less
shall be rounded down to the next whole number.
(15) "FDEP" means the Florida Department of
Environmental Protection, or its successor agency.
(16) "Gallons per day" or "GPD" means gallons per day
on an annual average basis.
(17) "Hazardous waste" means any substance, waste, or
product that is potentially damaging to environmental health,
bee~m~ includinq toxicity, ignitability, corrosivity, chemical
reactivity, radioactivity, infectious characteristics, or any
other reason.
(18) "Mains" refers to a pipe, conduit, or other
facilities installed to convey water service to individual, service
lines or to other mains, or in the case of sewer lines, to convey
sewer service from individual service lines to other mains.
(19) "Master meter" means a single meter serving a
multi-family residential or a multi-unit commercial facility.
This term includes, but is not limited to, master meters serving
condominiums, apartments, mobile home parks, hotels, motels,
travel trailer parks, shopping centers, and office buildings.
(20) "Meter" means a device used to measure water
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delivered to "point of delivery" by the City.
(21) "Point of delivery" means the designated point at
which the applicant's property is
facilities or wastewater facilities.
connected to the water
(22) "Private fire protection" means the existence of
separate fire connections, standpipes with hose attachmentS, and
automatic fire sprinkler systems which serve a customer..
(23) "Property" means the real property owned or
controlled by an applicant for which water service capacity
allocation, wastewater service capacity allocation, or both, is
requested.
(24) "Reclaimed water" means water, treated wastewater
or sewer effluent that has been appropriately treated and which,
as a result of the treatment of wastes, is suitable and usable for
direct beneficial uses or a controlled use by and for public
agricultural, commercial, residential, or industrial developments,
projects or purposes including, but not limited to, irrigation
projects or purposes including, but not limited to, irrigation
purposes in green areas of developments or other appropriate uses.
(25) "Septic tank" means a subsurface impervious tank
designed to temporarily return wastewater or similar waterborne
wastes together with:
(a) a sewer line constructed of solid pipe, with
the joints sealed, connecting the impervious tank with a plumbing
stub out; and
(b)
a subsurface system of trenches, piping, and
other materials constructed to drain the clarified discharge from
the tank and distribute it underground to be absorbed or filtered.
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(26) "Service lines" means the pipes of the city which
are connected from the mains to the "point of delivery".
(27) "Service rates" or "Rates" means the City's
applicable schedule of rates and charges for water and wastewater
services, including, by way of illustration and not. limitation,
connection fees, meter set fees, and any and all other fees or
charges which may be in effect from time-to-time adopted by the
City. The schedule of service rates shall be of general and
uniform application within the City-wide water and wastewater
utility system.
(28) "Sewer" or "Wastewater" means a combination of any
.type of the water-carried wastes from residences, business
buildings, institutions, industrial establishments, any and all
other customers facilities, together with such ground, surface and
stormwaters as may be present, but does not mean or include
hazardous or toxic wastes.
(29) "System" means the City of Sebastian Water and
Wastewater System.
(30) "Transmission lines" means those lines and
appurtenance facilities used to either transmit wastewater from
the collection system to the Wastewater Treatment Plant or
transmit treated wastewater to a final effluent disposal site or
transmit water from the Water Treatment Plant to the distribution
system. Transmission lines are generally six inches (6") or
greater in size and serve or are intended to serve more than one
(1) parcel property.
(31) "Utility agreement" means a written agreement
between the City and a Property Owner which establishes the terms
and conditions pursuant to which the City will provide water
and/or wastewater service.
(32) "Utility
facilities",
"facilities" or
"installations" means by way of illustration and not limitation,
all equipment, fixtures, pumps, lines, mains, manholes, lift
stations, pumping stations, laterals, service connections, and any
and all appurtenances thereto together with all real property,
easements and rights-of-way necessary to provide water and
wastewater service to property whether located on-site or off-
site.
(33) "Wastewater capital charge" ~sewer impact fee)
means a fee or charge paid to the City by an applicant for the
purpose of obtaining wastewater service capacity. Capital charges
are utilized for the acquisition, improvements, expansion, and
construction of facilities deemed necessary by the city to furnish
wastewater service capacity and related service to the property
and to adequately fund capital improvements in the System. The
term specifically does not include the costs of collection
facilities as defined previously or customer installations the
cost for which shall be fully borne by the applicant.
(34) "Wastewater service capacity" means the rate of
wastewater flow on an average daily basis measured in gallons per
day, which can be treated and disposed of according to a
wastewater facilities design.
(35) "Water capital charge" (water impact fee) means a
fee or charge paid to the City by an applicant for the purpose of
obtaining water service capacity. Capital charges are utilized for
the acquisition, improvement, expansion, and construction of
facilities deemed necessary by the City to furnish water service
capacity and related services to property and to adequately fund
capital improvements in and for the System. The term specifically
does not include distribution facilities or customer
installations, the cost of which shall be fully borne by the
applicant.
(36) "Water service capacity" means the amount of water
which can be pumped, treated, transmitted and distributed, on an
average daily basis, where such amount is measured in gallons per
day and includes fire flows.
SECTION 4. GENERAL TERMS AND CONDITIONS REGARDING WATER AND
WASTEWATER SERVICE.
(1) Siqned ADDlication Required. Water and wastewater
service capacity may be furnished only after a signed application
or agreement and payment of the applicable water and wastewater
capital charges (impact fees) are accepted by the city. The
conditions of such application or agreement are binding upon the
customer as well as upon the City. A copy of the application or
agreement for water and wastewater service accepted by the City
will be furnished to the applicant on request. The applicant
shall furnish to the City the correct name and street address or
lot and block number at which water and wastewater service is to
be rendered.
(2) Withholdinq service. The City may withhold or
discontinue water and/or wastewater service rendered under
application made by any member or agent of a household,
organization, or business unless all prior indebtedness to the
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city of such household, organization, or business for water and
wastewater service has been settled in full in accordance with
City policy. Service may also be discontinued for any violation
made by the customer of any rule or regulation set forth in this
rate ordinance.
(3) ~ of Use. Water and wastewater service
purchased from the City shall be used by the customer only for the
purposes specified in the application for water and wastewater
service.
(4) Continuity of Service. The City will at all times
use reasonable diligence to provide continuous water and
wastewater service and, having used reasonable diligence, shall
not be liable to the customer for failure or interruption of
continuous water and wastewater service. The city shall not be
liable for any act or omission caused directly or indirectly by
strikes, labor trouble, accidents, litigation, breakdowns,
shutdowns for emergency repairs or adjustments, acts of sabotage,
enemies of the United States, Wars, United States, State,
municipal or other governmental interferences, acts of God or
other causes beyond its control.
(5) T_y_De and maintenance. The customer's pipes,
apparatus and equipment shall be selected, installed, used and
maintained in accordance with standard practice and shall conform
with the rules and regulations of the city. The City shall not be
responsible for the maintenance and operation of the customer's
pipes and facilities. The customer expressly agrees not to
utilize any appliance or device which is not properly constructed,
controlled and protected, or which may adversely affect water or
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wastewater service provided by the City. The City reserves the
right to discontinue or withhold water and wastewater service to
such apparatus or device.
(6) Change Of CustOmer's Installation. No changes or
increases in the customer's installation, which will materially
affect the proper operation of the pipes, mains, or stations' of
the City, shall be made without written consent of the City. The
customer shall be liable for any change resulting from a violation
of this rule.
(7) ~ Of ~ ~. The customer shall
exercise reasonable diligence to protect the City's property on
the customer's premises and shall knowingly permit no one, but the
City's agent or persons authorized by law, to have access to the
City's pipes and appurtenances. In the event of any loss or
damage to property of the City caused by or arising out of
carelessness, neglect, or misuse by the customer, the cost of
making good such loss or repairing such damage shall be paid by
the customer.
(8) Access To Premises. The duly authorized agents of
the City shall have access at all reasonable hours to the premises
of the customer for the purpose of installing, maintaining,
inspecting, or removing the City's property or the performance
under or termination of the City's agreement with the customer and
under such performance shall not be liable for trespass.
(9) Billinq Periods. Bills for water and wastewater
service will be rendered monthly as stated in the rate schedule
and shall become due when rendered and be considered as received
by the customer when delivered or mailed to the water and/or
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wastewater service address or some other place mutually agreed
upon. Non-receipt of bills by .the customer shall not release or
diminish the obligation 'of the cUstomer with respect to payment
thereof.
(10) Delinquent Bills- Bills are due when rendered and
become delinquent if not paid within twenty (20) days after the
bill has been mailed or presented to the customer for payment.
Water and wastewater service may then be discontinued only after a
written notice has been mailed or presented within five (5)
working days to the customer of the delinquency in payment. Water
and wastewater service shall be restored only after the city has
received payment for all past-due bills and reconnect charges from
the customer. There shall be no liability of any kind against the
City for the discontinuance of water and wastewater service to a
customer for that customer's failure to pay the bills on time.
Partial payment of a bill of the water and wastewater service
rendered will not be accepted by the City, except by the City's
agreement thereof.
(11) Payment Qf Water And Wastewater Service Bills
Concurrently. When both water and wastewater service are provided
by the City, payment of any wastewater service bill rendered by
the City to a customer shall not be accepted by the City without
the simultaneous or concurrent payment of any water service bill
rendered by the City. The City may discontinue both water service
and wastewater service to the customer's premises for non-payment
of the wastewater service bill or water service bill or if payment
is not made concurrently. The city shall not re-establish or
reconnect wastewater service and/or water service until such time
13
as all wastewater and water service bills and all charges are
paid.
(12) Tax Clause. Any tax which may'be levied Upon the
City's wastewater or water system shall not be incorporated into
the rate for wastewater or water service but shall be shown as a
separate item on the City's bills to its customers receiving such
service.
(13) ~ Of Occupancy. When a change of occupancy
takes place on any premises supplied by the City with water and
wastewater service, written notice thereof shall be given at the
office of the City not less than three (3) days prior to the dated
of change by the outgoing customer. The outgoing customer shall be
held responsible for all water and wastewater service rendered on
such premises until such written notice is so received by the City
and the City has had reasonable time to discontinue the water and
wastewater service. However, if such written notice has been
received, the application of such a succeeding occupant for water
and wastewater service will automatically terminate the prior
account. The customer's deposit may be transferred from one
service location to another, if both locations are supplied water
and wastewater service by the City. The customer's deposit may
not be transferred ~m from one name to another. Notwithstanding
the above, the City will accept telephone orders, for the
convenience of its customers, to discontinue or transfer water and
wastewater service from one service address to another, and will
use all reasonable diligence in the execution thereof. However,
oral orders or advice shall not be deemed
considered formal notification to the City.
14
binding or be,
(14) Unauthorized Connections. Connections to the
City's water and wastewater system for any purpose whatsoever are
made only by employees of the City. Any unauthorized connections
to the customer's water or wastewater service shall be subject to
immediate discontinuance without notice.' Water and wastewater
service shall not be restored until such unauthorized connections
have been removed and until settlement is made in full to the City
for all water and wastewater service estimated by the City to have
been used by reason of such unauthorized connection.
(15) Adjustment Of Bills. When a customer has been
overcharged or undercharged as a result of incorrect application
of the rate schedule, incorrect reading of a water meter, or other
similar reason, the amount may be credited or billed to the
customer in accordance with the policies of the City.
SECTION 5. WATER METER INSTALLATION CHARGE.
(1) Each applicant shall be charged for the meter,
meter service box and for installation of the water meter as
follows:
Meter Size
5/8 x 3/4 inch
1 inch
1 1/2 inch
2 inch
3 inch to 8 inch
Service Fee
$ 130.00
200.00
500.00
630.00
Actual Cost plus overhead
(minimum of $630.00)
(2) Service charges for connections requiring
installation of a meter greater than two inch (2") will be based
on the actual cost of materials, labor, and overhead. A customer
may elect to purchase his own meter if the required meter's size
exceeds two inches (2"); provided, however, that such meter must
be approved by the City prior to installation.
(3) The above charges assume only the installation of
the meter and does not. include the costs associated with the
installation of a service and tapping into the water main. To the
extent a service installation is ~equired in order to provide the
customer utility service, the cost of such installation, including
the installation of the water meter will be based on the actual
cost of installation, regardless of meter size. In no event will
such cost be less than the meter installation charges shown above.
SECTION 6. METER TESTING. Meter testing shall be done at
the customer's request, and in accordance with the following
guidelines and schedules:
(1) Meter Test Request - If any customer requests a
test of the water meter, the City will require a deposit to defray
the cost of testing; such deposit shall not exceed the following
schedule of fees:
Meter Size
5/8 x 3/4 "
1-1/2 "and over
Service Deposit
$ 20.00
20.00
Actual Cost plus overhead
(2) The fee is retained by the City only if the test
shows that the meter is registering with the acceptable accuracy
limits as established by the City. If the meter is determined by
the City to be registering outside of the acceptable accuracy
limits, the meter test service fee will be refunded and an
adjustment made to the bill for the proper amount of water
consumption.
inch,
(3) For tests of meters equal to or greater than 2-
the test will be based on actual costs incurred as
16
determined by the city.
(1) ~stablis.h~ent of Credit. Before rendering water or
wastewater service, the City may require an applicant for service
to satisfactorily establish credit, but such establishment of
credit shall not relieve the customer from complying with the
City's rules for prompt payment. Credit will be deemed so
established if:
(a) The applicant for service furnishes a
satisfactory guarantor to secure payment of bills for service
requested.
(b)
(C) an
irrevocable letter of credit from a bank or a surety bond.
The applicant pays a cash deposit.
The applicant for service furnishes
(2) Amount Of De osp~. The amount of initial deposit
shall be the following according to customer class and meter
size:
Customer ClasslMeter Size
Residential:
5/8 x 3/4 inch
1 inch
1-1/2 inch
2~inch
Customer Deposits
Water Wastewater
$ 50.00 $ 50.00
50.00 50.00
50.00 50.00
50.00 50.00
Commercial and Multi-Family:
5/8 x 3/4 inch 50.00 50.00
1 inch 50.00 50.00
1-1/2 inch 50.00 50.00
2 inch 50.00 50.00
Over 2 inch 50.00 50.00
Hydrant Meter
$ 345.00
determined by the City.
SECTION 7. CUSTOMER DEPOSITS.
(1) ~stablishme~t of Credit. 'Before rendering water or
wastewater service, the City may require an applicant for service
to satisfactorily
establish credit, but such
credit shall not relieve the customer from complying
City's rules for prompt payment. Credit will be
established if:
establishment of
with the
deemed so
satisfactory
requested.
(a) The applicant
guarantor to secure payment of
for service furnishes a
bills for service
(b) The applicant pays a cash deposit.
(c) The applicant for service furnishes
irrevocable letter of credit from a bank or a surety bond.
shall
an
(2) Amount Of Deposit. The amount of initial deposit
be the following according to customer class and meter
size:
Class/Meter Size
Residential:
5/8 x 3/4 inch
1 inch
1-1/2 inch
2 inch
Commercial and Multi-Family:
5/8 x 3/4 inch
1 inch
1-1/2 inch
2 inch
rant~Me~
y_~'~-cr _ i--
/7
Customer Deposits
Water Wastewater
50.00
5"~-:~0
50.00
~,v. uv I~o
345.00
Z4oo
102.0
I, &oo
37.00
(3) AdditiQDal ~. The City may require a new
deposit, where previously waived or returned, or an additional
deposit in order to secure payment of current bills provided. The
City shall provide the customer with reasonable written notice of
not less than 30 days where such request or notice is separate and
apart from any bill for service. The total amount of the required
water deposit shall not exceed an amount equal to the average
actual charge for water service for two monthly billing periods
for the 12-month period immediately prior to the date of notice.
The total amount of the required wastewater deposit shall not
exceed an amount equal to the average actual charge for wastewater
service for two monthly billing periods for the 12-month period
immediately prior to the date of notice. In the event the
customer has had service less than 12 months, the City shall base
its new or additional deposit upon the average actual monthly
billing available.
SECTION 8. CONNECTION CF~%RGE. There shall be a charge for
City service connections and for transferring of City accounts
from the name of one person to the name of another, which shall be
paid before the service connection is made or accounts changed;
provided, however, that there shall be no service connection
charge when the original service connection is made for which a
meter installation and/or service installation fee is paid. The
charge for the transfer of service to a new customer account at a
previously served location or reconnection of service subsequent
to a customer requested disconnection shall be $18.00 during
normal working hours and $25.00 after normal Working hours.
When service is discontinued or ordered discontinued because
18
of nonpayment of amounts due, the reconnection fee shall be based
on the actual costs incurred by the city, but shall not be less
than $18.00 during normal working hours and $25.00 after normal
working hours.
SECTION 9. WATER AND WASTEWATER CAPITAL CHARGES; ADOPTION:
CALCULATING APPLICATION; AND TIME OF PAYMENT.
(1) Ad__~tion. The City hereby adopts and establishes
pursuant to general law, a water capital charge and a wastewater
capital charge, the purpose of which will be to finance capital
expenditures and the payment of City indebtedness associated with
the expansion of the City's water supply, treatment and
transmission system and the wastewater transmission, treatment,
and effluent disposal system. The water capital charge imposed by
the City shall be ONE THOUSAND ONE HUNDRED DOLLARS ($1,100.00) per
ERU, and the wastewater capital charge shall be ONE THOUSAND SIX
HUNDRED FIFTY DOLLARS ($1,650.00) per ERU.
(2) Applicability. Except for (1) those customers who
have previously paid plant capacity charges to the previous owner
of the utility and having previously been connected to the System
and (2) those City retail customers who connect into the Indian
River County Wastewater System, the impact fees set forth herein
shall be paid by those new customers who (a) connect to said
System, (b) request service from the city, or (c) request an
increase in water and/or wastewater service capacity on or after
the date the city acquires the System from GDU. The City may
exempt any customer from the payment of all or a portion of the
water and wastewater capital charges to the extent that the City
accepts a permanent contribution-in-aid-of-construction related to
19
the water supply, treatment or transmission facilities or the
wastewater transmission, treatment, or effluent disposal
facilities having a value of not less than the portion of the
water or wastewater capital charges being exempted.
Notwithstanding anything to the contrary set forth herein, those
city retail customers whose wastewater service capacity is
provided via the Indian River County Wastewater System shall pay a
wastewater capital charge of TWO THOUSAND FIVE HUNDRED FIFTY-ONE
DOLLARS ($2,551.00) per ERU. Except for a different value for the
wastewater capital charge, all other provisions of this Section 9
shall apply to said retail customers.
(3) ~ime Of Payment. Beginning on the date the City
acquires the System from GDU, all water and wastewater capital
charges shall be paid prior to connection of a structure or
structures to be served by the City, or such other time as may be
specifically provided by city resolution, ordinance, agreement, or
permit; provided, however, that the City may permit installment
payments of any water or wastewater capital charges upon such
tests and conditions as the City deems appropriate.
(4) Determination o_~f Equivalent Residential Unit
Factors for Water .an~ wastewater services.
(a) For purposes of calculating and imposing the
wastewater capital charge provided for in this Section 4, the ERU
factor for any particular connections shall be calculated and
imposed in the manner provided as follows:
20
Establishment
Residential
Single Family Home
Duplex (1 or 2 bedrooms)
Duplex (3 or more bedrooms)
Multi-Family (1 or 2
bedrooms)
Multi-Family (3 or more
bedrooms)
Mobile Home (1 or 2
bedrooms
Mobile Home (3 or more
bedrooms
Commercial
Auditorium/Meeting Rooms
Barber/Beauty Shop
Food Service
Restaurant/Cafeteria
Restaurant (24 Hours)
Restaurant ("Fast Food")
Bar/Cocktail Lounge
Hotel/Motel
not including food service
banquet & meeting rooms, &
guest laundry
Motel (See Hotel)
office Building (not including
food service and retail space)
Service Station
Add
Add
Theater
Dinner Theater
Trailer Park (Overnight)
Dentist Office
Doctor office
Church
21
Unit
Per Unit
Per Unit
Per Unit
Per Unit
Per Unit
Per Unit
Per Unit
Per Seat
Per Opr. Sta.
Per Seat
Per Seat
Per Seat
Per Seat
Per Room
Per 100 Sq. Ft.
Per Bay
Per Wash Bay
Per Toilet
Per Seat
Per Seat
Per Space
Per Dentist
Per Wet Chair
Per Doctor
Per Seat
ERU
1.000
0.833
1.000
0.833
1.000
0.667
0.833
0.019
0.340
0.113
0.189
0.057
0.075
1.000
0.038
1.132
3.663
1.132
0.012
0.075
0.377
0.943
0.755
0.943
0.011
Establishment
Schools (Middle & High)
Schools (Elementary,
Day Care & Nursery)
Schools (Boarding)
Laundry (Self-Service)
Retail Store/w Self Service
Gas Pumps
(Add remaining fixture units)
(Without pumps use fixture units)
Automotive Repair & Maintenance
Stores
Unit Factor
Per Student 0.075
Per Student 0.028
Per Student 0.472
Per Machine 1.510
Per Restroom
1.500
Per Bay 0.500
(b) One equivalent residential unit (ERU) shall,
for purposes of this Section, have an assigned value of 1.00. For
wastewater service capacity, one ERU is hereby established and
determined to be equal to a flow of 200 gallons per day, average
annual basis (200 GPD), or such other value as may be later
approved or determined by the Florida Department of Environmental
Protection.
(c) For water service capacity, one ERU is hereby
established and determined to be equal to a flow of 250 gallons
per day, average annual basis (250 GPD).
(d) The "total equivalent residential unit value"
for an establishment shall be calculated by multiplying the ERU
factor listed above by the number of units, and shall be rounded
up to the nearest 0.5 ERU factor.
(e) For all establishments not listed above, the
total wastewater equivalent residential unit (ERU) value for
wastewater service capacity shall be determined by multiplying the
22
number of fixture units, as published in the Standard Plumbing
Code, by thirtY (30), and then dividing that numerator by two
hundred (200). For example:
Total Wastewater ERU Value = Number of Fixture Units x 30
200 GPD/ERU
The wastewater capital charge shall be determined by using the
following formula:
Total ERU Value x $1,650.00 = wastewater capital charge
(f) For all establishments not listed above, the
total water equivalent residential unit (ERU) value for water and
service capacity shall be determined by multiplying the number of
fixture units, as published in the Standard Plumbing Code, by
thirty (30), and then dividing that numerator by two hundred fifty
(250). For example:
Total ERU Value = Number of Fixture Units ~ 3_Q0
250 GPD/ERU
The water capital charge shall be determined by using the
following formula:
Total ERU Value x $1,100 = water capital charge
(g) The above ERU Schedule
applies to
establishments being connected to the City of Sebastian Water and
Wastewater System.
(5) ~ Improvement Funds; Establishment;
Expenditure Guidelines; ADDlication and Pledqe to Revenue Bonds.
(a) The water capital charges collected pursuant to
this Ordinance shall be deposited into a fund called the
"Sebastian Water System Capital Improvement Fund" and the
wastewater capital charges shall likewise be deposited into a fund
called the "Sebastian Wastewater System capital Improvement Fund".
23
The water capital charges so deposited shall be used only for the
acquisition of the City's water system-and all components thereof
and additions thereto, and the construction and acquisition of
additions and extensions to the City's water system and all
components thereof including raw water supply facilities,
transmission facilities, mains, ground storage facilities, new
pumping facilities, water treatment plants, and distribution
facilities in order to provide additional water treatment capacity
or water service capacity to those new customers who connect to
the City's water system. The wastewater capital charges so
deposited in the above-mentioned fund shall be used only for the
acquisition of the City's wastewater system and all components
thereof and additions thereto, and the construction and
acquisition of additions and extensions to the City's wastewater
system and all components thereof, including collection
facilities, transmission facilities, treatment facilities, and
effluent disposal facilities, in order to provide additional
sewage treatment capacity, effluent disposal capacity, or
wastewater service capacity to those new customers who connect to
the city's wastewater system.
(b) The City may by resolution provide for the
application of some or all of the water and/or wastewater capital
charges to the payment or security for the payment of revenue
bonds issued in whole or in part for the purpose set out in
Subsection 9(5) (a) hereof, provided that the amount of water
and/or wastewater capital charges applied to the payment of such
bonds shall not exceed the amount of bond proceeds actually
expended for such purpose with interest at the average rate borne
24
by said bonds. Such application or pledge may be made directly in
the proceedings authorizing such bonds or in an agreement with an
insurer of bonds to assure such insurer of additional security
therefor.
(6) ADDlication; A~ocation of Water and/or Wastewater
Service Capacity. No water and/or wastewater service capacity
shall be sold pursuant to the water and/or wastewater permit, nor
shall any such permit be issued until application therefore is
received by the City. The City may require all information on
said application that it deems reasonable and necessary, and may
reject applications it determines are incomplete. Any application
for a water and/or wastewater permit shall contain a legal
description of the land constituting the service area for which
the said permit is to be issued. The legal description shall
include only those lands owned by the applicant for which the
water and/or wastewater permit is to serve. If any such person
described hereinabove fails to apply for and purchase water and/or
wastewater service capacity under these rules, the city may
consider said failure in determining whether or not to grant or
deny any development or construction permit or approval or
rezoning application filed by said person. The city shall, Be b_~
separate ordinance, establish rules for the allocation of water
and/or wastewater service capacity, and may, by resolution,
establish a fee for application review payable by applicants.
(7) Annual Rate Indexing Adjustment. The City hereby
adopts an annual automatic rate increase to all capital charges
set forth herein and which shall be applied to such charges which
are in effect immediately prior to the effective date of each
25
suchannual increase. The purpose of such annual rate indexing is
to provide annual rate adjustments commensurate with the
escalation of utility operating expenditures and inflation. The
annual rate index shall be the greater of either the Consumer
Price Index (CPI) factor or a minimum of 3.0% per year for the
fiscal years eT~~~-~gr-~994, beqinninq October .1~ .1994
through and including ~ep%em~e~--3{~,--~998 october 1. 1997, and
equivalent to the CPI factor thereafter. Each annual increase
shall take effect and be imposed on bills rendered on and after
October 1st of each fiscal year.
SECTION 10. RESPONSIBILITY FOR COLLECTIONm DISTRIBUTION AND
TRANSMISSION COSTS. In addition to the water and wastewater
capital charges, the applicant or customer shall either provide,
or pay the capital costs (including land costs) of the required
capital improvement for:
(1) the collection of raw sewage within the boundaries
of the property owned by the developer or customer to which the
city intends to provide wastewater service capacity;
(2) the transmission of sewage from those boundaries to
the City's collection and transmission facilities prior to
connection to treatment facilities; and
(3) the transmission and distribution of water from the
City's water treatment facilities to the applicant's or customer's
property.
The City shall allow the developer or customer to connect to the
nearest feasible point as determined by the City. The city is
considering the later adoption of a more detailed utility
extension policy. Until such time as said policy is adopted, this
26
Section 10 shall control. "
SECTION 11. RETURNED CHECK CHARGE. There shall be a charge
for each check returned to the city as a result of insufficient or
non-collective funds. The fee shall amount to twenty dollars
($20.00) or 5% of the face amount of each returned check,
whichever is greater, for each returned check received by the
City.
SECTION 12. LATE PAYMENT FEES. There shall be a charge
incurred on those customers delinquent in the payment of the
monthly utility bills. The fee shall amount to $2.00 plus 1.5%
per month of the unpaid balance but not amounting to less than
$5.00.
SECTION 13. MISCELL;tNEOUS ~ CHARGES. The City hereby
adopts the following miscellaneous water and wastewater system
service charges. The amount to be charged to the customer for
these specific services are as follows:
(1) Schedule. The city Council hereby adopts the
miscellaneous water and wastewater system service charges, rates
and fees schedule set forth herein.
Park Place Surcharge (1) $ 10.00 Per Month
1. The $10.00 per month surcharge will be billed through
August, 1999 in accordance with the July 11, 1989
Takeover Agreement.
Issuance of Duplicate Bill
Sewer Tap
Meter Replacement
5/8 ~ 3/4 Inch
i Inch
1-1/2 Inch
2 Inch & Larger
2.50
Cost Plus Overhead
$100.00
$125.oo
$300.00
Cost Plus Overhead
27
i
i
I
i
I
I
I
I
I
I
I
i
I
i
I
I
I
I
Water Removal
5/8 ~ 3/4 Inch
i Inch
1-1/2 Inch
$ 30.00
$ 30.00
$ 40.00
Water Servic~ Connection
5/8 x 3/4 Inch Meter
1 Inch Meter
1-1/2 Inch Meter
Larger Than 1-1/2 Inch Meter
$400.00
$460.00
$810.00
Cost Plus Overhead
Sewer Service Connection
Residential
Commercial and Other
Paved Road Cuts
Road Jacking & Boring
Grass Restoration
$500.00
Cost Plus Overhead
Cost Plus Overhead
$200 Minimum
Cost Plus Overhead
Cost Plus Overhead
Unauthorized Use of Fire Hydrant $ ~5=e8 115.00
General Service Call Cost Plus Overhead
Damage Repair $100.00 Plus
Cost Plus Overhead
Line Location Cost Plus Overhead
Enqineerinq Services
Site Plan Review-Under 40
Units & Without Lift Station
Cost Plus Overhead
$ 50.00 Minimum
Site Plan Review-Over 40
Units or With Lift Station
Cost Plus Overhead
$150.00 Minimum
Inspection Fee
Water Per Connection
Sewer Per Connection
Hydrant Flow Test
Fire Protection Charge-Per Year
$ 25.00
$ 25.00
$ 60.00
$170.00
(2) Annual Rate Indexinq AdSustment. The City hereby
adopts an annual automatic rate increase to all rates, fees and
charges set forth herein and set forth in Sections 5, 6, 7, 8, 11,
and 12 of this ordinance, and which shall be applied to such rates
and charges which are in effect immediately prior to the effective
date of each such annual increase. The purpose of such annual
28
rate indexing is to provide annual rate.adjustment commensurate
with the escalation of utility operating expenditures and
inflation. The annual rate index shall be the greater of either
the Consumer Price Index (CPI) factor or a minimum of 3.0% per
year for the fiscal years e~-F~~-~r-~995 October 1~
1994 through SeD~embe~-~87-~998 October l, 1997, and equivalent to
the CPI index thereafter. Each annual increase shall take effect
and be imposed on bills rendered on and after October 1st of each
fiscal year.
SECTION 14. ESTABLISHMENT O__F A WATER SYSTEM RATE SCHEDULE.
The city Council shall establish and adopt by separate resolution
a Water System Rate Schedule. The City Council may modify the
water system rate schedule for time to time by Resolution.
SECTION 15. ESTABLISHMENT OF A WASTEWATER SYSTEM RATE
SCHEDULE. The City Council shall establish and adopt by separate
resolution a Wastewater System Rate Schedule. The City Council
may modify the wastewater system rate schedule for time to time by
Resolution.
SECTION 16. ABNORMAL STRENGTH WASTE SURC~,.,~ FACTOR. For
those customers which the City has agreed to serve and either the
customer or the City has determined that the strength of the
sewage is greater than 300 parts per million (ppm) of biochemical
oxygen demand (BOD), or chemical oxygen demand (COD), or total
suspended solids (TSS), then an abnormal strength surcharge will
be applied to the monthly bill. The greater concentration of
either BOD or COD will be used in the surcharge calculation, but
not both. The surcharge factor is calculated in the following
manner: Concentration of BOD or COD in ppm less 300 ppm plus
29
concentration of TSS in pRm leSs. 300. ppm totaled and then divided
by 300 ppm. The total monthly bill is .calculated by the addition
of one (1) plus the surcharge factor totaled and then multiplied
by the normal bill.
SECTION 17. ENFORCEMENT; VIOLATIONS: PENALTIES. Violations
of the provisions of this Ordinance or failure to comply with any
of the requirements set forth therein, including violation of
conditions of any wastewater disposal permit shall be prosecuted
as provided by law. Each day such violation continues shall be
considered as separate events. Nothing herein contained shall
prevent the City from making such other lawful actions as is
necessary to prevent or remedy any violations, including seeking
injunctive relief in a court of competent jurisdiction, or
terminating service as permitted by law.
SECTION 18. LIBERAL CONSTRUCTION ~D INTERPRETATION. In the
interpretation and application of this Ordinance, all provisions
shall be considered as a minimum requirement, liberally construed
in the favor of the City, and deemed neither to limit or repeal
any other powers granted under state law. This Ordinance is
cumulative and supplemental to existing City laws, ordinances,
rules and regulations. Where this Ordinance and the provisions
contained herein conflict or overlap with any other City law,
ordinance, rule or regulation,
stringent restriction shall prevail.
SECTION 19. SEVERABILITY.
whichever imposes the more
If any section, subsection,
sentence, clause, phrase, or portion of this Ordinance is for any
reason held invalid or unconstitutional by any court of competent
jurisdiction, such portion shall be deemed a separate, distinct
3O
and independent provision and such holding shall not affect the
validity of the remaining portions thereof.
SECTIO~ 2~, co~__Q~_~J~. In the event of any conflict between
the provisions of this Ordinance and any other ordinance,
resolution, or portions thereof, including but not limited to
Ordinance No. O-92-15 and Resolution No. R-93-23 the provisions of
this Ordinance shall prevail to the extent of such conflict.
SECTION 21. EFFECTIVE DATE. The Ordinance shall take effect
on the date the City obtains title to the System from GDU.
The foregoing
Councilmember
Ordinance was
moved for adoption by
The motion was seconded
by Councilmember
vote, the vote was as follows:
Mayor Lonnie R. Powell
Vice-Mayor Frank Oberbeck
Councilmember Carolyn Corum
Councilmember Norma J. Damp
Councilmember Robert Freeland
, and, upon being to a
The Mayor thereupon declared this Ordinance duly passed as
adopted this day of , 1993.
CITY OF SEBASTIAN, FLORIDA
ATTEST:
By:
Lonnie R. Powell, Mayor
Kathryn M. O'Halloran, CMC/AAE
City Clerk
(SEAL)
31
I HEREBY CERTIFY that notice of public hearing on this
Ordinance was published in the Vero Beach Press Journal as
required by State Statute, that one public hearing was held on
· this Ordinance at 7:00 p.m. on the day of ,
1993, and that following said public hearing this Ordinance was
passed by the City Council.
Kathryn M. O'Halloran, CMC/AAE
city Clerk
($ E A L)
32
City of Sebastian
POST OFFICE BOX 780127 [] SEBASTIAN, FLORIDA 32978
TELEPHONE (407) 589-5330 [] FAX (407) 589-5570
SUBJECT:
RATE RESOLUTION R-93-59
Approval for Submittal By:
Interim / %
City Manager: ~ . d~/ .....
) Agenda No, 7~-(-~J
)
: Dept. of Origin Utilities ~,~~
)
) Date Submitted: November 22, 1993
)
) For Agenda Of: December 1, 1993
)
) Exhibits: Rate Resolution R-93-59
EXPENDITURE
AMOUNT
APPROPRIATION
REQUIRED: n/a BUDGETED: n/a REQUIRED: n/a
SUMMARY STATEMENT
The first reading of the proposed Water and Sewer Rate
Ordinance 0-93-19 was held on November 17, 1993. Sections 14 and
15 of the Rate Ordinance provide the enabling legislation for the
City to establish water and sewer rates by separate resolution.
Rate Resolution R-93-59, as attached, is scheduled for Council
action on December 1, 1993, immediately following the scheduled
Public Hearing and Council action on the Rate Ordinance. A
separate Public Hearing for the Rate Resolution is scheduled. Once
the Rate Resolution is approved, the proposed water and sewer rates
will go into effect the day the City acquires the GDU system.
As a result of a final review of the proposed Rate Resolution,
staff has determined that the following substantive amendments be
made as follows:
Exhibits A & B - Section (3) Annual Rate Indexing Adjustment -
The wording in the third sentence "ending September 1, 1995
through and including September 3~, 1998" should read
"beginning October 1, 1994 through and including October I,
1997"
On the last page of Exhibit "B" Wastewater System Monthly Rate
Schedule the Abnormal Strength Waste Surcharge Factor should
be added to reflect the language in Section 16 of the Rate
Ordinance 0-93-19.
RECOMMENDED ACTION
It is recommended that Council move to adopt Rate Resolution
R-93-59 for the establishment of new water and wastewater (sewer)
rates to finance the revenue bonds for the City's acquisition
the GDU Sebastian Highlands water and wastewater system.
RESOLUTION NO. R-93-59
A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN RIVER
COUNTY, FLORIDA, ESTABLISHING A WATER SYSTEM ~ATE
SCHEDULE AND A WASTEWATER SYSTEM RATE SCHEDULE AS
PROVIDED IN ORDINANCE NO. O-93-19 AND THE CODE OF
ORDINANCES OF THE CITY OF SEBABTIAN~ pRovIDING FOR
REPEAL OF RESOLUTIONS OR PARTS OF RESOLUTIONS IN
CONFLICT HEREWITH~ PROVIDING FOR SEVERABILITY~ AND
PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, pursuant to Section 14 of the City Ordinance No.
0-93-19 and the Code of Ordinances of the City of Sebastian, the
City Council shall have the duty, right, power and authority to
establish and adopt by Resolution a water system rate schedule
which shall apply to each customer of the City's water system;
and
WHEREAS, pursuant to Section 15 of the City Ordinance No.
0-93-19 and the Code of ordinances of the City of Sebastian, the
City Council shall have the duty, right, power and authority to
establish and adopt by Resolution a wastewater system rate
schedule which shall apply to each customer of the City's
wastewater system; and
WHEREAS, pursuant to Chapter 180.301 Florida Statutes, the
city Council may establish just and equitable rates or charges to
be paid to the municipality for the use of the utility by each
person, firm, or corporation whose premises are served; and
WHEREAS, the rates established herein provide funding for
water and sewer utility services which promote the health,
safety, and general welfare of its customers and is therefore
beneficial to the ratepayers of the system.
NOW, THEREFOREv BE IT RESOLVED. BY THE CITY COUNCIL OF THE
CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, as follows:
~ 1. WATER SYSTEM RATE SCHEDULE. Pursuant to
Ordinance No. O-93-19 and the Code of Ordinances of the City of
Sebastian, the City Council hereby establishes and adopts the
water system rate schedule as attached to this Resolution as
Exhibit "A".
$~CTION ~. WASTEWATER SYSTEM RATE SCHEDULE. Pursuant to
Ordinance No. O-93-19 and the Code of Ordinances of the City of
Sebastian, the City Council hereby establishes and adopts the
wastewater system rate schedule as attached to this Resolution as
Exhibit "B".
SECTION 3. CONFLICT. Ail resolutions or parts of
resolutions in conflict herewith are hereby repealed.
~ECTION 4. SEVERABILITY. In the event a court of competent
jurisdiction shall hold or determine that any part of this
Resolution is invalid or unconstitutional, the remainder of the
Resolution shall not be affected and it shall be presumed that
the City Council of the City of Sebastian did not intend to enact
such invalid or unconstitutional provision. It shall further be
assumed that the City Council would have enacted the remainder of
this Resolution without such invalid and unconstitutional
provision, thereby causing said remainder to remain in full force
and effect.
SECTION 5. EFFECTIVE DATE. This Resolution shall take
effect immediately upon its adoption.
2
The foregoing Resolution was moved
Councilmember
seconded by Councilmember
being put into a vote, the vote was as follows:
for' adoption by
The motion was
and, upon
Mayor Lonnie R. Powell
Vice-Mayor Frank Oberbeck
Councilmember Carolyn Corum
Councilmember Norma J. Damp
Councilmember Robert Freeland
The Mayor thereupon declared this Resolution duly passed and
adopted this day of , 1993.
CITY OF SEBASTIAN
ATTEST:
By:
Lonnie R. Powell, Mayor
Kathryn M. O'Halloran, CMC/AAE
City Clerk
(SEAL)
Approved as to Form and Content:
Charles Ian Nash, City Attorney
EXHIBIT "A"
WATER SYSTEM MONTHLY RATE SCHEDULE
(1)
meaning:
~. As used herein, the following terms shall have the following
(a) 'Residential' means an individual dwelling unit designed for more or less
permanent household occupancy which would include indiVidual COOking and bathing
facilities. Examples are a single family home, efficiency apartment unit, COOperative
apartment unit, duplex unit, and multi-family residential building unit.
(b) 'General Service" means a use of'land or a building for non-residential
purposes, but shall include a residential use which has identificable "general service"
characteristics, as the term is used herein, both of which use the same water meter.
Examples are hotels, motels, commercial business, rooming houses, buildings into
which the public is invited and not designed for household occupancy and not including
cooking and bathing facilities.
(2) ~eh~ule. The City Council hereby adopts the water system monthly rate
schedule set forth herein. The rates, fees and charges in the 'following schedule shall apply to
each customer of the water system beginning with the charges payable by the customer in
connection with the first reading of the customer's water meter by the City or the first montlOy
billing by the City after the City adopts the rates presented herein. The water system monthly
rate schedule is as follows:
Residential and Multi-Family Service:
Billing Charge
Base Facility Charge
Volumetric Charge
0 - 3,000 gallons
3,001 - 7,000 gallons
7,001 - 13,000 gallons
Above 13,000 gallons
General Service:
Billing Charge
Base Facility Charge
518 inch
i ~nch
2 inch
3 inch
4 inch
6 inch
Monthly_Rates
.$2.25 per Bill
11.25 per ERU
$1.51 per 1,000 gallons
$1.85 per 1,000 gallons
$2.20 per 1,000 gallons
$4.20 per 1,000 gallons
$2.25 per Bill
i 1.25 per Meter
28.15 per Meter
56.25 per Meter
90.00 per Meter
180.00 per Meter
281.25 per Meter
562.50 per Meter
EXHIBIT 'A' (Continued)
Volumetric Charge:
Block I (I)
Block 2 (I)
Block 3 (D"
Block 4 (X)
$1.51 per 1,000 gallons
1.85 per 1,000 gallons
2.20 per 1,000 gallons
4.20 per 1,000 gallons
1. The following tabulation summarizes the usage block levels by meter size for the commercial class based on
equivalent residential factors by meter size.
General Service Genend Servi~
First Block Second Block
Meter Size Usage Threshold Usage Threshold
General Servie~ ·
Third Block
Usage, Threshold
General Service
Fourth Block
Usage Threshold
3/4 inch 3,000 7,000 13
1 inch 7,500 17,500 32
I~A inch I$,000 35,000 65
2 inch 24,000 56,000 104,
3 inch 48,000 112,000 208
4 inch 75,000 175,000 325
6 inch 150,000 350,000 650
000 Above 13,000
500 Above 32,500
000 Above 65,000
000 Above 105,400
000 Above 208,000
000 Above 325,000
000 Above 650,000
(3) Annual Rate IndexingAdjustment. Pursuant to Sections 8 of this Resolution,
the City hereby adopts an annual automatic rate increase to all rates, fees and charges set forth
herein and which shall be applied to such rates and charges which are in effect immediately
prior to the effective date of each such annual increase. The purpose of such annual rate
indexing is to provide annual rate adjustments commensurate with the escalation of utility
operating expenditures and inflation. The annual rate index shall be the greater of either the
Consumer Price Index (CPI) factor or a minimum of 3.0% per year for the fiscal years~nh±rig
O¢l:ober ].. ].997
~, ~ through and including ~, ~ and equivalent to the CPI
index thereafter. Each annual increase shall take effect and be imposed on bills rendered on
and after October 1st of each fiscal year.
CC/II/Misc-6/re. so.a
(1)
meaning:
EXHIBIT "B"
WASTEWATER SYSTEM_MONTHLY RATE SCHEDULE
Definition. As used herein, the following terms shall have the following
(a) "Residential" means an individual dwelling unit designed for more or less
permanent household occupancy which would include individual eooldng and bathing
facilities. Examples are a single family home, efficiency apartment unit, cooperative
apartment unit, duplex unit, and multi-family residential building unit.
(b) "General Service' means a use of land or a building for non-residential
purposes, but shall include a residential use which has idenfifieable "general service"
characteristics, as thc term is used herein, both of which use the same water meter.
Examples are hotels, motels, commercial business, rooming houses, buildings into
which the public is invited and not designed for household occupancy and not including
cooking and bathing facilities.
(2) Schedule. The City Council hereby adopts the wastewater system rate schedule
set forth herein. The rates, fees and charges in the following schedule shall apply to each
customer of the wastewater system beginning with the charges payable by the customer in
connection with the first reading of the customer's water meter by the City or the first monthly
billing by the City after the City adopts the rates presented herein.
monthly rate schedule is as follows:
Residential and Multi-family Service:
Billing Claarge
Base Facility Charge(*)
Volumetric Charge
0 - 10,000 gsllons
The wastewater system
Monthly Rate:
$3.75 per Bill
13.00 per ERU
$2.75 per 1,000 gallons of all
metered water use (maximum of
I0,000 gallons of service per ERU)
EXHIBIT "B" (continued)
Commercial Service:
Billing Charge
Base F~ility Charge(*)
5/8 inch
I inch
1 ~,4 inch
2 inch
3 inch
4 inch
6 inch
$3.75 per Bill
13~00 per Meter
32.50 per Meter
65.00 per Meter
104.00 per Meter
208.00 per Meter
325.25 per Meter
650.50 per Meter
Volume&fie Ch~ge: 2.75 per 1,000
Abnormal Strength Waste Surcharge Factor - see below
(*) Amounts r, hown m'~ the tms~ f~flities charg~t when lines ~ avail*hie. When Ii-es
not a,smil~ble, the tms~ f~eility elmrge will I~ equal to one half (112) the ~monnt shown..
(3) Annual Rate IndexingAdjustment. Pursuant to Section 8 of this Resolution, the
City hereby adopts an annual automatic rate increase to all rates, fees and charges set forth
herein and which shall be applied to such rates and charges which are in effect immediately
prior to the effective date of each such annual increase. The purpose of such annual rate
indexing is to provide annual rate adjustments commensurate with the escalation of utility
operating expenditures and inflation. The annual rate index shall be the greater of either the
Consumer Price Index (CPI) factor or a minimum of 3.0% per year for the fiscal yearsb~ning
~: 1~ 4through and including ~ ~ and equivalent to the CPI
index thereafter. Each annual increase shall take effect and be imposed on bills rendered on
and after October 1st of each fiscal year.
Abnormal Strength Waste Surcharge Factor (SF) - The SF is
determined by the ratio of Bio-Chemical Oxygen Demand (BOD)
or Chemical Oxygen Demand (COD) and Total Suspended Solids
in excess of 300 parts per million (ppm) by the following
formula:
SF =(BOD (ppm) or COD (ppm) -300 ppm)+ (TSS(ppm-300 ppm))
whichever is greater
300 ppm
Monthly Sewage Charge = (1 + SF) x Normal Sewage Use
.~CCIlllMisc41reso.b