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HomeMy WebLinkAbout02271991 City of Sebastian POST OFFICE BOX 780127 c3 SEBASTIAN, FLORIDA 32978 TELEPHONE (407) 589-5330 [] FAX (407) 589-5570 91.054 A G E N D A SEBASTIAN CITY COUNCIL REGULAR MEETING WEDNESDAY, FEBRUARY 27, 1991 - 7:00 P.M. 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. ~CALL TO ORDER ~.~'~PLEDGE OF ALLEGIANCE  'NVOCATION - Reverend Harold Lee - First Baptist Church of Sebastian /..~ROLL CALL AGENDA MODIFICATIONS (ADDITIONS AND/OR DELETIONS) ~6//~ROCLAMATIONS AND/OR ANNOUNCEMENTS A. Proclamation - American Red Cross Month - March 1991 ,P~PRESENTATIONS - None ~UBLIC HEARING, FINAL ACTION - None A. ~enda Items Ruth Sullivan - Indian River Property Owners Association - Request for Use of City Council Chambers for Monthly Meetings (Sullivan Letter dated 2/12/91) 1 91.055/ 88.196 /~/.Steve Pitiak - Discuss Transfer of Villages of Lake Dolores Water & Sewer Franchise Relative to Other City of Sebastian Ordinances (7 Pages of Various Backup Items) B. Agenda Items CONSENT AGENDA A. Approval of Minutes - 2/13/91 Regular Meeting 91.056 B. Bid Award - Golf Course Greens Mower - Hector Turf of Deerfield Beach - $15,792 (Staff Recommendation dated 2/13/91, Bid Tabulation Form) 91.057 C. Bid Award - Yacht Club Stucco - Do Better Stucco, Inc. of Palm Bay - $4,150 (Staff Recommendation dated 2/21/91, Bid Tabulation Form) 91.058 D. Bid Award - Yacht Club Soffit & Facia - J.H. Buhler Construction, Inc. of Malabar - $1155 (Staff Recommendation dated 2/21/91, Bid Tabulation Form) 91.039 E. Approve Community Service Aide Program, Volunteer Program DGO 1801 (Staff Recommendation dated 2/13/91, Department General Order NR 1801 Proposed Volunteer Program) 91.059/ F. Board of Trustees of the Sebastian Police 89.051 Officers' Retirement Trust - Appoint Larry Napier as Member for the Unexpired Term to 10/11/91 Vacated by Carol Carswell (Staff Recommendation dated 2/13/91, Carswell Memo dated 2/13/91) l~~11. COHMITT~E REPORTS/REOOMNSNDATIONS ~'~(~'6-~' A. CODE ENFORCEMENT BOARD 91.060 1. 90.290 Reappoint Donato DeRobertis, Henry Fischer and Wayne Tozzo10 to Three Year Terms - 3/1/91 to 3/1/94 (Staff Recommendation dated 2/21/91, DeRobertis Letter dated 2/7/91, Tozzolo Letter dated 2/6/91, Fischer Letter dated 12/28/91) OLD BUSINESS GDC Negotiations (City Manager Recommendation dated 2/19/91, Essential Contract Elements, GDC Liabilities and Assets) 2 91.061 91.062 91.063 91.064 91.065 13. NEW BUSINESS . Consultant - Louisiana and Schumann Engineering Projects (City Manager Recommendation dated 2/19/91, General Scope of Services, 3 Firms' Proposals) ,~/.Riverview Park Drainage (City Manager Recommendation dated 2/20/91, Mosby Proposal dated 2/15/91) Riverview Park - Stephenson Tract (City Manager Recommendation dated 2/20/91, Mosby Plan dated 2/1/91 Under Separate Cover) 14. MAYOR'S MATTERS North County Sewer (R-87-6, R-87-7, O-87-01, Proposed Indian River County Ordinance Re: Water & Sewer, IRC Schedule of Rates) 15. COUNCIL MATTERS 16. 17. 18. A. Vice Mayor Oberbeck B. Councilman McCollum C. Councilman Powell Review Cemetery Rates and Charges (City Manager Recommendation dated 2/20/91, Napier Memos dated 2/22/91 and 2/4/91) D. Councilman Rondeau CITY ATTORNEY MATTERS CITY MANAGER MATTERS 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.) mi1 1215 Indian River Drive Sebastian, Florida February 12, 1991 City Clerk's Office Sebastian, Florida Please place my request to use the council chambers for meetings of the Indian River Property Owners Association once a month,according to availability, on the next city council agenda. Thank you, Ruth Sullivan, President Indian River Property Owners Association AN ORDINAN.C£ OF THE CITY COt~CIL OF THE CITY OF SEBASTIAN, FLORIDA, GRANTING AN EXCLUSIVE FRANCHISE TO LAKE DOLORES UTILITIES and CABLE TELEVISION SYSTEMS, INC., A FLORIDA CORPORATION, TO OPERATE AND ~INTAIN A WATER DISTRIBUTION SYSTEM AND SEWAGE COLLECTION SYSTEM WITHIN A PORT/ON OF THE CITY OF SEBASTIAN, FLORIDA; SETTING FORTH CONDITIONS AND PRIVILEGES ACCOMPANYING Ti{F GKANT OF FRANCHISE; PROVIDING FOR RATES AND CHARGES, AND FOR S~RVICE STANDARDS. Within a reasonable time after the c~ has notified the utility of its intent to terminate the franchise and to a~quire the system, the franchise holder shall convey all of its facilities together with all easements to t~e city. said conveyance by the utility shall be without encumbrance. At this time the franchise holder shall convey unencumbered all of its facilities together with all easements, to the city, without charge as to all property contributed to the utility, provided further, however, that the city shall have the right to purchase the remaining'assets of the utiltity based on the average of the · net original cost and a price as computed and ag{ced upon by ~three {3) competent and qualified appraisers. ~i~.,~i{y'""shali the city 'ahab1 no~ be requl~ad ~o purchase and no value w~11 be placed on additton~ or ex~enelon, to the ~ystem which were paid for aa contributions-tn-aid-of-construction by any pe~son, or corporation othe~ ~han the .utiltt~y. At the end of the fr~chtse pe~o4, ~he ct~ shall no~ be required ~o pay ~o %he utllttt~ any a~t for 9oodwill ~d ~he appraise4 value shall be based entlrely upon physical assets only, and provided further that in the event said ~ard of appral~er~ e~not agree as to the p~1ce %o be paid by the city, then the :try may file appwopriate_ City of Sebastian POST OFFICE BOX ;'80127 r~ SEBASTIAN. FLORIDA 32978 TELEPHONE (407) 589-5330 MEMORANDUM DATE: TO: FROM RE: January 31, 1989 Richard B. Votapka, Mayor & Sebastian City Council Robert S. McClary ./~_ · - iSeus~ the utility franchise for ~ke ~lores (Park Place). Attending the ~oting ~e: Nel~n C. Hyatt, ~er of the pro~rty and his Attorney Fred T ' ~llagher, ~unt Attorne . . - . y Y Charles V~tunac, County Uttlities Director ~rry Pinto, City Attorney ~arles 'Nash and myself. ~e ~et[ng was held at my suggestion and in res~nse to a letter fro~~~9~~ ~ In summary, the positions of each party are outlined as follows: Nelson C. Ityatt: ]t is Mr. Hyatt's position ti]at the utility franchise granted to Lahe Dolores Utilities and Cable Television Systems, Inc. has transferred to Nelson C. Hyatt as a result of a foreclosure judgment in' Mr. [{yatt'~ favor. A copy of Mr. Gallagher's letter is attached. City: It is my opinion that the territory governed under the Lake Dolores Franchise would aut~natically convert to Indian River County upon termination of the Lake Dolores Utilities Franchise pursuant to the terms of the franchise granted by the City of Sebastian to Indian River County. It is further my opinion, that the City Council could grant a new franchise for this territory to Nelson Hyatt only with the consent of Indian River County. LOCAL COVr. mqMEZ~T Art. 8, § 5 § 4. ~ransfer of powe. '' By law or by resolution of the governing bodies of each of the governments affected, any function or power of a county, mu- nicipality or special district may be transferred to or contracted to be~~ ~ty, municir fidis- wise provided by law. SARAflOTA COUNTY v. TOWN OF ~N~BOAT KEY Fla. 1199 Signlfi~nt principles of local government The major contentions of the parties are autonomy a~ at s~ke in this proceeding, mom e~ily unde~t~d if each is di~uss~ The citi~ s~k to enjoin a vo~r referendum separately. on these amendmen~ out o~ a general con. cern that municipalities could be effectively 1. D~s the ordinance p~pose ~ "co~sol- abolished if a county government we~ free idation" onder Article VIII, ~ction to propose for county-wide your app~val, 37 and without the separate approval of the affected municipality's voters, the transfer [1] The trial judge enjoined a county- of~<~ff~'~ wide voter referendum of the five amend- g . .... ~.~ ,~ .... of men~ on the grounds that a "consolidation" gl~~"~gi~d ~ florid, result, and that the ameudmen~ obviously Constlt~$~ ..... do not com~rt with the requirement of At the heart of this controverW i~ Article Artiel* VIii, ~etion 8 to the effect that VIII, Section 8 of the Florida Constitution, consolidation mu~t be proposed by "special entitled "Consolidation", which descries law". We di,a~ee with the trial court's the manner in which the governments of premise, for despite their denomination by counties and municipalities may ~ con,eli- the Sabots County Commission ~ "consol- dated~~ Of equal importance in our consld- idatlon" amendments, it i~ apparent that eratlon of the issue~ presented i~ Article the proposed amendment~ do not effect a VIII, Section 4 of the. Flori~m~fl, tion,l consolidation within the meaning of Article entitled "~fllf~[~~~ VIII. Section 3. The process provided in fie,"$h~*~t~ ~ ~[~ f~nction d that provision i, the unification of the  ~r~~{t&~j,.~~ government of a county and the ~vcrn- ~a~~0r~ by ~the{ ment of one or more municipalitie~ "into a go~?~{~{' A~o releva;t to these single government", which would then ex- pF6~eedings are subsections l(f) and l(g) of ercise the ~wers previously held by ~th or Article VIII. Florida Constitution, which all of the consolidated units. This pmvision define the ~{t of ~owe~ for nnn.oharto~f the ~nstitution applies only when one or ~ ....... r ~ ....... ; ..... ~ ,~,,~e,~. ~om of the underlying governmen~ disap- [~ the~~~: ~ "(0 NON-CHARTER . GOV[~N~NT. ~, · ~ecuon a. ~opso~auon.--m~ ~,,,,~,U shall have such power of sell-governmem es pro ideal by general or special law. The board may be proposed only by Special law. which municipalities affected, as may be provided in ARTER ~OVERNMENT, Countl by re,olutlon of ,hey ..... ins bodies of each of en~ wRhg ..... ]law. Or with special law the governments affected, any funcOon or pow proved by vote of ~he electors. The governing formed by ano~e~q~ali~[~[ ~Ee- with Reneral law. The charter shall provide ' " , ''' ~'~ which shall prevail in the event o~ conflict  county and municipal ordinances." between  2. Counties ~55 .~.,., ............ 3. (ountles ~21~ No. 52214. Constitutional provision governing pro- Supreme Court of F]orlda. cedure for transfer of power among eoun- ties, municipalities, and special districts ap- Jan. 19, 1978. plied both to charter and noncharter cpun-. Rehearing Denied March 16. 1978, ties. West's F.S.A.Const. art. 8. § 4. 4. Counties ~21~h Cities brought action challenging coun- County ordinance transferring respon- ty ordinance transferring responsibilities sibi]ity for performing certain governmen- for performing certain governmental rune- tal functions from cities to county w.as inef- ~~ AGREEMENT BETWEEN INDIAN RIVER COUNTY, FLORIDA, AND NELSON HYATT -' RE: COUNTY TAKE-OVER OF UTILITY SYSTEM THIS AGREEMENT, made this 11th day of July , 1989, between INDIAN RIVER COUNTY, a political subdivision of the State of Florida, 18~0 25th Street, Veto Beach, FL 32960 (COUNTY) and NELSON HYATT (SELLER), whose address Is 12505 North A-l-A, Veto Beach, FL 32963 WI TNESSETH : WHEREAS, SELLER is the owner of' a ~ater and wastewater utility system servicing a portlon'of the City of Sebastian: and WHEREAS, COUNTY has embarked on a program of providing quality water and wastewater service to as much of Indian River County as is financially feasible; and ~HEREA~., ~a s ,~ pa r.t ~,'0 f~th'l ~pr og ~m .~[ h ~COUNTY'.''? he ~appFoachadJ;~~'~o~'~'~'~q.~'~ ~U~hae'tng t~'u~' ~:! ided that he will have ~ ;~j and for those units sold before the end of the five-year period, Impact fees will have to be paid only as those units are ~~ and WHEREAS, SELLER would like to receive a return of 'his Initial capital Investment of some ~777~000 used to construct the utility: and ~EREA5, the COUNTY agrees to this, provided that only the customers in the service area of SYSTEM at the date of this agreement shall be charged for this expense, N~, THEREFORE, for and In consideration of the mutual covenants contained herein as well as other good and valuable consideration, the COUNTY and SELLER agree as follows; 5. WARRANTY OF T I TLE; HOLD NARMLESS: SE LLER shall warrant title to all the real and personal property in SYSTEM and shall hold the COUNTY harmless from any and all claims for damages from third parties, and in particular for any c la ims from E§.~AND: CABL~'~ ¥~LEV'I ~ I01~ 6. IMPACT FEES: After five years from the date of this agreement SELLER shall be obligated to pay impact fees to the COUNTY, at the rate then current, for each unit which thereafter r,quires a Certificate of Occupanc ~wh i ch = have?:, had :~a~C~ t'i':f I ca [ ~o f~:Oc~dpancy:.~l s ~ued,'~ ~o J hem ~be foce~ f i re'Yea ~s~L f ~°m'~the'~:~ate~ ° f:~t h i ~'~ag ~eemen ~mus ~ t.he~{ J ~e~yaa ~.:~ELLER ~ s ~~e'~ A'~~g~R~~ 7. SURCHARGE ON ~TES: COUN~ shall establish a surcharge on water and wastewater rates for customers in the service area as shown on Exhibit "D." The surcharge shall , be collected by the COUNTY for ten years only or unti $777,000.00 has been paid, whichever comes first, and funds so collected shall be remitted quarterly to SELLER. SELLER agrees that the funds so remitted shall be full satisfaction for SELLER's right to be reimbursed for i ts equity in the SYSTEM. The COUN~ surcharge sba I I be $10 per ERU (equivalent residential unit). 8. CLOSING DATE: The closing shall take place on or before August I, 1989. iN WITNESS WHEREOF, the parties hereto have set their hands and seals on the date first set forth above. Attest BOARD OF COUNTY COiVlMi SS lONERS INDIAN RIVER COUNTY, FLORIDA Ch a i~ma n (SEAL) I . :"-... ..... ~......¥.,: ",g~ PUBLIC HEARING - PURCHASE OF LAKE DELORES UTILITIES The hour of 9:05 o'clock A.M. having passed, the Deputy Clerk read attached, to wit: VERO BEACH PRESS-jOURNAL Published Daffy Vero Beech. Indian River CaOflty, Florida COUNTY OF INDIAN RIVER: STATE OF FLORIDA Balore the undersigned ·uthorlly pare·nelly appeared J. J. Schumann, Jr. who on oath Says that he la Business Manager ol the Veto Beach Pt·ss.JOurnal, · dally new·paper published · 1 Var· Beach in Indian River County,'FIorida; thai,the alt·chad copy ol ·dvefllse ,menl, being m.U.,o, (NELSON HYATT WATER & SEWER UTILITIES) the following Notice with Proof of Publication O~ T~IX, Ju~ ti, 1969, Il 9:05 A.M.,~b SERVING PARK PLACE MOBILE HOME PARK In tho Court. was pub. ANNUAL REPORT OF THE ATTORNEY GENERAL 18 07~-ll~Januluy Il, 1972 COUNTIES SUFFICIENCY OF NOTICE FOR ENACTMENT OF CO~INTY ORDINANCES To: Warren Ca,on. Iltllsborough Cormty Attorney. Tampa Pre.red b~: Rebecca Bo~s ltawkt~, Ass~tant Attorney General QU~TiON: Will ~e not~ requ~e~n~'o{ ~1~.66, F. S., respecting the en- aet~nt of county ordinan~ be sat~fted by publishing the substance o~ ~e pmpos~ mdin~ee rather than ~e entire ordinanee? SUMMARY: A coun~ ordin~ee ~y be published by title only, provided · e title slat~ the substance of the proposed ordlnanee sufficieully Se·lion ~ ~(4). F. S., u emended by Ch. TOA~se(~ ~i~pro- rides that notice of intent to enact a count), ordinance "shall mean ... p.hliea- tion of the title of ~e ordin~ee or a~ndmenl to ~ considered "The lgT0 amendment provides al~ ~at '[s]aid notice shall stale the snhstanc~, of the contemplated ordinance, the same as r~uired by ~10. Art. Iii of the state eonslilution." It is noteworthy that the title to Ch. T0~, ~u~ra. re·Res Ihat ti is an net amending ~1(4) of Ch. ~-~, Lm~ of Florida, [~1~.~(4), F. S.J and" redefining notice to r~lu~e publleatlon h~ lille mdy ..." (Em.phasi~ supplied.) 072- To: Prcj SU! and Terry Pinto, Director of Utility Services, explained that the Lake Delores utility system is located within the City o'f Sebastian and fails under the terms Of the ~ Their franchises are written a little bit differently than n,,rs with ~l~'~~l~.~~°f the utility. The purchase price Is based on the value of the system~ Itself. This facility has changed hands and It went Into bankruptcy, and the present owner, Nelson Hyatt, got tback all the assets through bankruptcy. system in a negative way and would be something that the present customers within [he Lake Delore~ system could itve with. The total potential build-out of the mobile home park is 6~0 units, but there are.only 100 units at present. State statute requires us to go through variou~ steps to analy~e the value and the assets of a utility and what it would do to our system if we purchase it and bring it into our system. Director Pinto emphasized that because of Its ~,2[~, the acquisition of this utility Commissioner ScurJock asked how our purchase price compares to the original cost, and Director Pinto'explained that the maximum value of $777,000 doesn't mean that Mr. Hyatt is going to be paid that much. The purchase price is based on a surcharge of $10.00 per unit over a maximu~ of 10'years. This means that the owner would get only $10.00 for every unit that is in place at the end of that 10-year period. We projected out what we thought wa~ a fairly liberal build-out schedule for the park,, and even with that, tl~e maximum purchase price would be around $600,000. However, if it did build out quicker, he would be allowed a maximum price of $777,000, but we doubt very much if that would' take place, in any event, the total price would not exceed $777,000, and in all probability, it would be lower than that. 29 was concerned abou~-'~e ~;~nt~ ~i'~ a , another but Commissioner Scurlock emphas,ized that no ptJblic funds are being used to acquire any of t systems. He pointed out that some of these franchises were approved way back when, whereas current franchises do not allow for this to happen. In fact, the existing franchises that we approve entertain all the acquisition provisions and all the renewal/replacement, and require all those~to be in place. He wanted to make it clear on the record that Indian River County does not allow franchises to be issued today tO leave all those deficiencies as a possibility. Director Pinto pointed out that we have come a long way in getting rid of these little franchises. We had about 130 facilities at one time, and now we are down to less than 60. In fact, he would recommend that we not issue any more franchises. / it made clear in the agreement that after we buy the system any expansion of that system that is done to accommodate those other approximately 600 lots will be done at the developer's expense and not at the expense of the County Utility Services Division. Attorney Vitunac advised that it is automatically covered by our standard policy. It will be a county facility, and if somebody wants to add customers to it, they would have to do the line extension themselves. ~i~asked how it would affect this agreement, if that policy was changed in a year or so, and Attorney Vitunac explained that if a developer wants future connections, he will have to come in with a developer's agreement. It will be a developer connecting to a county utility, a~d it will be done in a standard way.  felt that the Commissioners don't want the residents to become upset when they read in the paper that 31 the County Corffnissioners paid $777,00 for a little system with only 80 units on it. He asked Attorney Vitunac if'there is anything we could include in the agreement that would give Con~nissioner Bird a little more comfort, and Attorney Vitunac advised that you can emphasize that not one dollar of public funds is being spent to buy this system. We are taking over their s~ August 1, 1989, pay back to them for 10 years. Director Pinto didn't want to reopen the negotiations on the agreement and have to go back and get Nelson Hyatt's signature again. If there could be an addendum, that would be fine. ~~~tated he was convinced after talking with Director Pinto ~~~l~and hearing all of this in-depth dialogue today re impact fees, future connections, etc., that the acquisition is basically a ~~ for the County Utility Division and that he would vote to approve the agreement. Commissioner Bowman asked why the surcharge is to be in effect for no more than 10 years, and Director Pinto explained that we don't want them to receive more than what we think the value of the system is. ON MOTION by Commissioner Scurlock, SECONDED by Commissioner Bird, the Board unanimously approved the purchase agreement at a price not to exceed $777,000 with the understanding that it is the developer's responsibility for any expansion of pipe lines within that system. PURCHASE AGREEMENT IS ON FILE IN THE OFFICE OF THE CLERK TO THE BOARD JUL Il 1989 'O0'E6L'gI$ ~o ~uno3~ ag'4 :~o~ 'g~a~ PI~T~a-aa(] ~o jmnA :[o~oaH '~'-appTq ~saq ag'4 o~ papret~m ag :~:~straa35 as:moo ~IO5 e :~o~ PTq aqq az~g4 NOI&VIBdOB~V 00-000'~i~:aa&aD~Aa &NAON~ 00'~6L'9-[9 :QSHINO3H ~A&IGN~dX~ uoTq~l"nq~,T, PTS: s~TqTqx-g ~0 ~pue6v ao~ uT6T=O '~de~ · ON ~pue6V :KS Te~Tmqns ~o& peAoadd¥ as:moo ~IOD :~o~ PT~{ ~ :&DS£BflS OZgg-O~g"LOl~ XVd O~Zg'sgg (ZOt') ~NOHda'lgi g/.6~C VOlldOqd 'NVI£SV8=IS 0 4i~tOgZ XOEI :101440 .L$Od uv! svqa£ J'o ,00 'O0'O§L'ff$ ~o ~unome aq~ u~ eP~OLJ'£e8 mted ~o '3ui 'o33n~s ~a~a8 og 'Japp~q ~saq pue ~sa~oL aq~ o~ pap~e~e aq o33nCs qn[3 ~q3e~ Jo~ p~q aq~ a^oN NO I,I'.D~ 13 ~ Q N."4 ldldO:3."4 ~ · punj s~aa¢o~d [e~de3 aq; u~ pa~a6pnq aJe spun¢ a~enbap¥ · ~o~3e~uo3 pasua~[ puc pa~a~s~6a~ e s~ pue ~o~ pa~¢~ads aq¢ ~oj~ad o~ ~- pa~¢~Lenb aq o¢ puno¢ se~ ~eP~OLJ '£e8 ~[ed jo ';u! 'o23nCg ~a¢¢a8 o8 'Japp~q ~ot aql 'o~n~s qnL3 ~q3ek aq~ Jo~ paA~aoaJ aJaA sp~q aaJq£ · 1'. N 3 Id.:l .l','d',Z, $ XaVIdN[3S NOZ&~ZaaOaEa~ O0'O§L'~$ :o3aznOaa ( ( ( uo~e Lnqe& p~8 : ~TqTqx~ ( ( L6-~g-Z ~0 epuebv ~o& ( ( L6-Lg-8 pe~Tmqns e~eO ( ( --,.~-~'~NMq~ a~u~uLJ UT~T~O '~deO ( ( :AG Ie~Tmqns ~o~ peno~dd~ o39n~s qnL3 ~qa~A Joj p~e~¥ p~8 : ,I, O3 L"aflS o/.gg-6gg-LOl~ XV::I O£gg-Sgg {~.Oe) gZ6~C VOlldO"l:d 'N¥1J. SVG=IS 13 ZgtOg/. NOEl '401ddO/SOd 0 'O0'GGLL$ ~o ~uno~e aq~ u~ ep~oLJ '~eqeLeN ~o '3uz 'uo~3nJCsuo3 ~eLqn8 'H '¢ 'J@PP;q ~saq pue ~sa~ot eq~ o~ p@p~e~ aq e~s~¢ pue ~os qnL3 ~q~ek ~o~ p~q aq~ aAON NO ~.%.D~ OSIONSlblldOD.q~l 'punj -s13a~o~d'Le%~deo aq~ u~ pala6pnq @Je spun~ a%enbapv. '~o%~e~%uo~ pasua~L ~pa~als~6aJ e SL pu~ ~JO~ pa~J~3ads aql mJo~ad o¢ p~Lenb aq ol puno~ se~ '~P~OL3 '~eqe[~N ~o '3uI 'uo~¢~n~lsuo3 ~aLqn8 'H '~ '~app~q ~OL aq± 'e~gse~ pue ~os qnL3 Cq~eA aq~ Jo~ pa^~agaJ aJa~ sp~q oM± O0-O00'~$:a~DQQ~ ~N~OH~ :A~ Ie~Tmqns ~o& p~Ao~ddy e;3sej pu~ ~os qnL3 lqaek Jo¢ PJe~V 0zgg-egg-/.0t~ XV4 0£;;g-6gg (Z0t) gNOHd:Jq:i/ gZ6~C VOll:JOqd 'NVI£SYG:IS 0/.~t0g/. XOG 9OI4:10 1SOd un!jsnqa£ fo 0 H 0 City of Sebastian POST OFFICE BOX 780127 [] SEBASTIAN, FLORIDA 32978 TELEPHONE (407) 589-5330 [] FAX (407) 589-5570 SUBJECT: Community Service Aide) Program, Volunteer Program ) DGO 1801 ) ) ) ) Approved For Submlttal By: ) ) .City Manager ) ) Dept. of Origin.' Police (ELP) Date Submitted: For Agenda Of: Exhibits: 02/13/91 02/27/91 - Department General Order NR 1801 Proposed Volunteer Program EXPENDITURE REQUIRED: AMOUNT BUDGETED APPROPRIATION REQUIRED: SUMMARY STATEMENT The Community Service Aide Program of the Sebastian Police Department is intended to develop volunteers for service within areas of the police department. The purpose of the program is to enchance the productivity of the police department in areas where volunteers are assigned. The community service aide is not intended to replace employees with non-salaried personnel..~. Placement in the Community Service Aide Program will be commensurate with the skills and interests of the volunteer and the needs of the community, as well as the police department.- The Community Service Aide Program will be coordinated by one or more appointed volunteers, and will be supervised by the Community Services Section Lieutenant. RECOMMENDED ACTION Move to approve Volunteer Aide Program. , OLZCY, P OCE))ORES RULe's ~ JJl I~ .... II · J~l~, ~ VOLUNTEER PROGRAM 1801 'March 1.,._..1991 ORIGINATOR · 'Staff" .Page 1. of 4 II. The purpose of this order ~ to establish guidelines for the application, processing, selection and assignn~nt of civilian volunteers. . ;, The C~'a,~nity Service Aide Progr~n of the Sebastian Police Department' /s intended to develop volunteers for service within areas of the police depa~.,~nt. Th~ purpose of the program is to enhance the productivity of the police department in areas where Volunteers are assigned. The cCmTun~ ity service aide is not intended to replace employees with 'non-salaried . personnel.. Placement in the Ccm~unity Service A/de Program will be commen- . s~trate with. the skills and interests of the volunteer and the needs of the commmity, as w~ll as the police department. The Cc~munity Service Aide Program will be coordinated by one or more appointed volunteers, and wLll be supervised by the Canmanity Services Section Lieutenant. III. PHI]II~E: 1. Participation requirenents: ' a. All civilian volunteers are expected to adhere to. the police departments rules and regulations pertaining to professional demeanor, building security, and confidentiality of records. b. Entry requirements for applicants: 1) Must be at least 18 years of age. 2) Must be of good moral character. 3) Must complete an application, answering all questions. -2- 4 ) Must complete a drug screening. 5 ) Background investigation. 2. Applicant Processing: The Cc~unity Services Lieutenant or his representative along with °.i. the volunteer coordinat°r will interview all applicants for the position of C~nmunity Service Aide. b. The applicant wLll be provided the application form for completion, if she/he meets the entry re~nts listed above. Upon receipt of the fully ccmpleted application, the volunteer coordinator will subnit a fLle containing the application, a computerized criminal history worksheet, driver's license nt~ber check, background investigation, drug usage urinalysis, and birth certificate to the C~,,,~nity Services Lieutenant. d. After review of the applicant's file, the Chief's approval will be required before continuation of the assignment. 3. Volunteer Assignment: aL It shall be the responsibility .of the Cu,,,~nity Service Lieutenant to assign the Cc~nuni~ Service Aide to a section or division which best matches the experience or skills of the volunteer. 1) Prior to assignment, each Volunteer wLll be provided a tour of the police ccmplex so that she/he may obtain a good under- standing of the function of each division or section. 2 ) The volunteer shell be introduced to the supervisor of the .~ assigned area by the volunteer coordinator. 3) The volunteer coordinator shall make periodic contacts with th~ volunteer to assure ccmpatibility with the assignment. 4 ) Cu,,,~nity Service Aides will not be assigned to duties requiring s~rn deputy status. b. The supervisor to whom a volunteer is assigned will provide necessary training for each volunteer. 1) Each civilian volunteer will receive training by the assigned supervisor or designee, for the tasks to he performed by the volunteer. This training will be on-the-job training. 2) All volunteer training programs will ~nclude orientation to the role of the police department including the purpose, goals, policies and procedures. #1801 -3- 3) Assk3nment supervisors shall maintain open communications with the volunteers assigned to their units. Volunteers who are assign, ed to the police department shall be un- armsd and will have no arrest or enforcement powers. Volunteers ,. wLll not be assigned or handle any incidents or calls: .! '1) Where criminal suspects or offenders may possibly be on the scene or subsequently return. 2) Any confrontation or dispute between two or more suspects. 3) In pro~ress calls; in the event a volunteer receives a call of a crime in progress, the volunteer will in~ediately turn the call over to the Communications Technician. 4) Calls for service recp,i~ing an amer~ency response wLll be turned over to the Communications Technician. 5 ) All 9]_l calls will be taken by the Communications Technician. 6) Volunteers will not be assigned any off-duty overtin~ and/or special assiE~m~nts, requirinG law enforcement functi~s. 4. Hours of Work: ae Each volunteer is expected to keep the volunteer coordinator and assignment supervisor informed of the hours desired to be worked so that assignments can be planned. The volunteer coordinator shall maintain a record of hours served by the volunteer and sutmit a monthly report to the C~,',,~nity Services Section Lieutenant. 5. Volunteer Dress~ Code and Identification: aL Volunteer cu,,,.~nity service' aides are expected to dress in a neat, presentable attire consistent with that worn by civilian employees. Picture identification cards will be issued and worn/displayed at all times while at the police department. At not tim~, wh~le on duty, .~hall a volunteer have in their poss- ession a w~apon of any type. 6. Volunteer Assignments: a. Cc~mm~Tications Section: 1) Take routine phone calls, transfer calls. 2) Take routine walk-in complaints. 3 ) Route messages. 4) File field interview cards. -4- 5 ) Data entry as required. 6 ) Other tasks assigned by the Cu,,,.~nications Supervisor.. b. Records Section ,.1) Data entry. 'i 2 ) Filing reports. 3) Take routine phone calls. 4) Purge files as required. 5 ) Fingerprint citizens. 6) Court liaison. 7) Assisting in crime analysis. 8 ) Clerical duties as required. c. Operations Section: 1) Residential ar~ cc~nunity security surveys to assist in crime prevention. 2) Work on hcme security projects. 3) Work on ccmmercial security projects. 4 ) Housewatch program. 5) Neighborhood Crime Watch Program. 6) Traffic section, handle reports phoned in and walk-in custom, rs. 7. Other Considerations: ae Volunteers are dedicated, enthusiastic people with lots of energy and good ideas. They can provide this depa~b,~nt with additional resources needed to meet the con~cmity's ca]] for service. b. Volunteers will be an integral part of this department's operation, their services are both wanted and needed .... #1801 City of Sebastian POST OFFICE BOX 780127 D SEBASTIAN, FLORIDA 32978 TELEPHONE (407) 589-5330 u FAX (407) 589-5570 SUBJECT: Police Retirement Board Approved For Submittal By: City Manager ~~ Dept. of Origin: Finance (CC) Date Submitted: For Agenda Of: Exhibits: 02/13/91 02/27/91 - Carswell Memo Dated 2/13/91 EXPENDITURE REQUIRED: ~MOUNT BUDGETED: APPROPRIATION REQUIRED: SUMMARY STATEMENT city Finance Director, Carol Carswell serves as a member of the Board of Trustees of the Sebastian Police officers' Retirement Trust. Since she has resigned effective, February 22, 1991, the City Council should appoint someone to fill the unexpired term which ends on October 11, 1991. Mrs. Carswell has recommended that someone from the Finance Department be appointed to the-- board. Assistant Finance Director, Larry Napier, has been appointed Acting Finance Director and will serve in the capacity_ until a permanent Finance Director is appointed. RECOMMENDED ACTION Move to appoint Larry Napier as a member of the Board of Trustees of the Sebastian Police officers' Retirement Trust for the unexpired term vacated by Carol Carswell to expire on October 11, 1991. City of Sebastian POST OFFICE BOX 780127 [] SEBASTIAN, FLORIDA 32978 TELEPHONE (407) 589-5330 [] FAX (407) 589-5570 Date: To: From: Re: February 13, 1991 Bsbert S. McClary, City Manager Carol Carswell, Finance DLrector Trustees - Police Officers' P~tir~t Trust My leaving will create a vacancy on the Board of Trustees of the Sebastian Police Officers' Retire~ant Trust. The position is one that is appointed by the Council and the person must be a City Resident. From experience, I can say it is very important to have someone frc~ the Finance Department on the Board. It ensures the timely flow of contributions to the Fund and the correct bookkeeping. City of Sebastian POST OFFICE BOX 780127 [] SEBASTIAN, FLORIDA 32978 TELEPHONE (407) 589-5330 u FAX (407) 589-5570 SUBJECT, REAPPOINTMENT OF CODE ENFORCEMENT BOARD MEMBERS Approved For Submittal City Manager ~ ~= ) Agenda No. ) ) Dept. Origin Commgnit¥ Development.~.~ ) ) Date Submitted 2/21~91 ...... For Agenda Of 2/27/91 ..... Exhibits, Letters from Board Members requesting reappointment for additional 3 year terms. EXPENDITURE REQUIRED, AMOUNT BUDGETED, APPROPRIATION REQUIRED, SUMMARY STATEMENT, At the Code Enforcement Board meeting of February 20. 1991, a motion was made by Damian Gllliams and seconded by Mrs. Kostenbader to recommend to City Council the reappointment of Henry Fischer, Wayne Tozzolo. and Donato Derobertis for an additional 3 year term expiring March 1994. RECOMMENDED ACTION Move to recommend to City Council reappointment of Henry Fischer. Wayne Tozzolo. and Donato Derobertis for an additional 3 year term which will expire March 1994 for all the above. Henry F/scher ~' $on~ Inc. Land Clearing ~, Top Quality Fill P. O. Box 780068 Sebastian, Florida 32978-0068 (407) 589-3159 RECEIVED JAN 1991 December 28, 1990 City of Sebastian P.O. Box 780127 Sebastian, Florida 32978-0127 Re: Code Enforcement Board To: Code Enforcement Board Members' This is to state that I wish to remain on the Code Enforcement Board for another three year term after my current term expires in March - 1991. Please notify me if there are other steps I should take or'forms to sign. Thank You Sincerely, Henry A. Fischer HAF/jl City of Sebastian POST OFFICE BOX 780127 [] SEBASTIAN, FLORIDA 32978 TELEPHONE (407) 589-5330 [] FAX (407) 589-5570 SUBJECT: GDC Negotiations Approved For Submittal By: City Manager ~~ Dept. of Oriqin: City Manager Date Submitted: For Agenda Of: Exhibits: .Q2/19/91 02/2.7/91 - six (6) pages detailing "Essential Contract Elements", GDC - Liabilities and GDC - Assets EXPENDITURE REQUIRED: AMOUNT BUDGETED: APPROPRIATION REQUIRED: SUMMARY STATEMENT At its Regular Workshop Meeting on 02/06/91, the City Council reviewed the status of negotiations with General Development Corporation ("GDC"). Since GDC's bankruptcy filing on April 6, 1990, GDC has breached its responsibilities and obligations.. under a contract between the City and GDC signed in 1979. I believe it to be in the best interest of the City to attempt to reach a written agreement with GDC, which would relieve GDC of- its obligations and responsibilities of the 1979 agreement. Any such agreement would first be approved by the City and GDC and then submitted to a federal bankruptcy court for approval. In the event the City and GDC fail to reach an agreement and should the GDC bankruptcy revert from Chapter 11 (reorganization) to Chapter 7 (no assets - liquidation) the City may find itself in a precarious situation. The City of'Sebastian, like all other GDC "Communities" is an unsecured creditor and as such has a lower priority than other GDC creditors. Should GDC's assets, including the property which houses drainage structures, be liquidated and sold at auction or by other means, the City in the future may need to acquire the 131 parcels of land in question at fair market value at the time of acquisition. Without a contract and should GDC be dissolved and its assets distributed to its creditors, the City could argue that it is not legally responsible to maintain "private" structures. However, I believe the property owners of Unit 16 and 17 would argue that they deserve the same level of services as taxpayers in Units I -15. Additionally, since GDC would have no "successor" certain drainage easements may revert back to the original grantors. Further, the City, by default, may end up maintaining drainage structures or street improvements within dedicated rights-of-way simply because there would be nowhere else for the property owners and residents to turn to. These "improvements" were constructed, in most cases, in rights-of-way dedicated to the public yet not accepted by the City for perpetual maintenance. At the Workshop Meeting of 02/06/91, there was concern expressed over a potential loss of tax revenues on property the City may wish to acquire from GDC as a part of any agreement. I have revised the exhibits attached to my previous report and include them for your information and consideration. On Exhibit "A", which I consider to be "Essential Contract Elements", I have calculated a value of the properties which i believe the City must have if we are to maintain certain street and drainage structures. I have used the same values as I have for the GDC list of assets. For residential building lots, I have assigned a Value of $8,000. For "Park" property, I have assigned a value of $14,000 per acre and for "Commercial" property, I have assigned a value of $50,000 per acre. Using this formula, the total value of the "Essential Contract Elements" amounts to $1,317,560. I have also copied the GDC liability summary from Exhibit "B", which amounts to $4,460,200. Also, attached is a revision of Exhibit "C" which consists of a list of assets the City may wish to acquire. The total value, excluding the extension of "Fleming Street", is $3,674,000. The total city property tax of these parcels is $8,211.93. RECOMMENDED ACTION Review the City's position with respect to GDC and its responsibilities and obligations within the City. "E,SSENTIAL CONTRACT ELEMENTS" EXHIBIT...A - 1 116 Residential Building Lots, Unit 17 SH @ $ 8,000 - Tract "0", Unit 17, SH - Tract "H", Unit 17, SH - Tract "X", Unit 17, SH 8.49 Ac. @ $14,000/Acre 3.76 Ac. @ $14,000/Acre .26 Ac. @ $14,000/Acre 928,000 118,860 52,640 3,500 · EXHIBIT A - 2 Shiloh Youth Ranch Easement .83 Acre. @ $14,000/Acre BSA Easement .86 Acre @ $14,000/Acres 11,620 12,040 EXHI...BIT A - 3 - Tract "K", BLK 588, Unit 17 SH - Tract "M", BLK 599, Unit 17 SH - Tract "R", BI/{ 613, Unit 17 SH - Tract "S", BLK 616, Unit 17 SH 2.84 AC. @ $14,000/Acre 2.16 Ac. @ $14,000/Acre 2.84 Ac. @ $14,000/Acre 1.91 Ac. @ $14,000/Acre 39,760 30,240 39,760 26~740 EXHIBIT A - 4 Four (4) Residential Building Lots @ $8,000/Lot EXHIBIT A- 5 - Tract "P", BLK 560, Unit 16 SH 1.60 Ac. @ $14,000/Acre 32,000 22,400 TOTAL VALUE $ 1,317,560 ~ENERAL DEVELOPMENT CORPORATION - LIABILITIES The following outline lists the obligations and liabilities of GDC under the terms of the 1979 Agreement. Additional detail is provided as "Exhibit B" and includes the following: B - i Mosby and Associates letter, dated 11/30/90: I. Unit 16 Street and Drainage $ 220,700 II. Unit 17 Street and Drainage 1,364,472 Iii. Elkam Waterway 1,531,250 IV. Wentworth Ditch 103,834 Sub-Total $ 3,220,256 Construction Contingency (10%) 322,000 Total $ 3,542,256 Rounded $ 3,$42,200 B - 2 Mosby Letter Dated 12/05/90: Unit 16 Storm Water Retention $ 695,100 Lake (Collier Waterway) B - 3 Emergency Repairs to date $ 15,400 B - 4 Improperly Aligned Drainage $ 197,500 Ditches '~ B - 5 Mosby Letter Dated, 1/31/91: Repair Englar Bridge over $ 10,000 Collier Waterway in Unit 916 GRAND TOTAL - ~LL LIABILITIES $ 4.460.200 .~ENERAL DEVELO~...MENT CORPORATION - ASSETS The following is a summary of GDC property which, the city may wish to acquire. This summary shows an estimated value and actual City property tax value. PROPERT~ TAX C - i One (1) Residential Lot - Barber $ 8,000 $ Street Sports Complex C - 2 One (1) Residential Lot - Airport 8,000 Drive East C - 3 A Commercial Tract at the 365,500 Intersection of Barber & Tulip 28.73 65.65 442.07 .C - 5 C - 6 C - 7 C - 8 C - 9 Parcels in the portion of Unit 16 SH which is platted yet not constructed. Total 27.01 ± acres @ $14,000/acre Schumann Lake Island in Unit 16, SH and related tracts. Please note that Schumann "Lake" is a dedicated drain- age right-of-way. Total 15.38 acres @ $14,000 These are parcels located in Unit 17 SH and designated "Commercial" or not "designated". Total 20.07 ± acres @ $50,000/acre This is a tract in Unit 13 which is designated as "Commercial" by GDC but zoned RS-10. Total 5.36 acres @ $14,000 Public Service ("PS") Tracts outlined on "Exhibit C-9". Total of 115.75 acres @ $14,000/acre Total 378,140 895.46 215,320 1,005.55 1,003,500 1,491.56 75,040 308.04 1,620,500 3,974.87 $ 3,674,000 $ 8,211.93 Revised: 2/14/91 "EXHIBIT C" Exhibit C - 1 Barber Street Sports Complex: Lot 4, Block 208, Unit 10 Lot valued @ $8,000 PROPERTY TAX $ 28.73 Exhibit C - 2 Airport Drive East, Lot Lots valued @ $8,000 2, Block 12, Unit 1, SH 65.65 Exhibit C- 3 Commercial Tract - Barber Street & Tulip All of Block 268, Unit 10, SH Approximately 7.31 acres - zoned Commercial Limited (CL) 7.31 Acres @ $50,000/acre is $365,500 442.07 Exhibit C Fleming Street Extended Also, see Mosby letter dated 1/23/91 marked "Exhibit C-4" 18 affected lots @ $4,000/lot is $72,000 Please note that this report does not indicate either "value" or "property tax" since these lots would be replatted which would not likely reduce the tax liability. .~ Revised: 2/14/91 Exhibit. C - 5 "EXHIBIT C" (Continued) The following tracts are in a portion of Unit Highlands, which is platted but no improvements drainage) have been constructed. SH - 16 Tract "C" - Blk 519 SH - 16 Tract "K" - Blk 543 SH - 16 Tract "L" - Blk 549 SH - 16 Tract "D" - (No Blk #) SH - 16 Tract "E" - (No Blk #) SH - 16 Tract "F" - (No Blk #) SH - 16 Tract "G" - (No Blk #) SH - 16 Tract "H" - (No Blk #) SH - 16 Tract "J" - (No Blk #) 16, Sebastian (streets and ("Civic") 3.01 ± acres ("Park") 3.80 ± acres ("Church") 4.18 ± acres TOTAL ("Park") 2.38 ~ acres ("Park") 2.38 ± acres ("Park") 2.40 ± acres ("Park") 2.21 ± acres ("Park") 2.19 ± acres ("Park") 4.46 ± acres 27.01 ~ Acres $ 99.78 125.97 138.58 78.91 78.91 79.56 73.26 72.61 147.88 $ 895.46 E~hibit C - ~ Schumann Lake "Island". Also included: SH 16 - "Island" 13.36 ± acres SH 16 - Tract "R" - Blk 559 .36 ± acres SH 16 - Tract "S" - Blk 559 .71 ± acres SH 16 - Tract "T" - Blk 559 .95 ± acres TOTAL 15.38 ~ Acres $ 442.91 140.92 287.17 134.55 $1,005.55 Exhibi~ C - 7 "Commercial" and other tracts in Unit 17, Sebastian Highlands SH 17 - Tract "L" - Blk 588 ("Commercial") 2.40 + acres Zoned COR SH 17 - Tract "P" - Blk 602 (',Commercial") 16.60 +_ acres Zoned CL SH 17 - Tract "T" - Blk 606 - Schuman Waterway & Empress SH 17 - Tract "U" - Blk 597 - Schumann Waterway & Empress SH 17 - Tract "V" - Blk 599 - Schumann Waterway & Empress SH 17 - Tract "W" - Blk 595 - Schumann Waterway & Empress TOTAL .18 + acres .27 + acres .34 + acres .28 + acres 20.07 ~ Acres 79.59 1,16i.88 67.34 63.44 111.41 67.93 $ 1,491.56 Revised: 2/14/91 "EXHIBIT C" con%inued) Exhibit C - 8 SH 13 - Tract "C" - Blk 326 ("Commercial") 5.36 ± acres $ 308.04 Exhibit ~ - 9 Public Service ("PS") Tracts SH 8 - Tract "C" - Blk 223 SH 8 - - Blk 193 SH 9 - Tract "A" SH 9 - Tract "A" - Blk 409 ("Utility") - Blk 409 ("Park") 8.24 + acres 264.29 1.90 + acres 62.99 2.37 + acres 85.48 .37 ~ acres 112.91 SH 10 - SH 10 - SH 10 - SH 10 - SH 11 - SH 11 - SH 11 - SH 11 - SH 11 - SH 13 - SH 13 - SH 13 - SH 14 - SH 15 - SH 17 - SH 17 - SH 17 - SH 17 - Tract "A" Tract "B" Tract "C" Tract "A" Tract IIBII Tract "C" Tract "D" Tract "E" Tract liall Tract lISl~ Tract "D" Tract "B" Tract "G" Tract "A" Tract "I" Tract "N" Tract "Q" - Blk 211 - Blk 267 - Blk 264 - Blk 300 - Blk 282 - Blk 282 - Blk 372 - (No Slk #) - Blk 347 (Deep Swale) (Swimming Hole) (River) - Blk 5O7 - Blk 488 - (No Blk #) - Blk 570/574 - Blk 589 - Blk 604 TOTAL 2.49 + acres 82.55 2.24 + acres 74.23 1.15 + acres 38.16 2.27 + acres 75.27 1.68 + acres 55.71 .37 + acres 54.28 4.42 + acres 146.51 3.81 + acres 126.30 2.93 ~ acres 97.11 3.99 + acres 132.28 10.08 + acres 278.46 14.07 ± acres ~8.70 5.79 + acres 322.34 4.62 + acres 153.14 3.55 + acres 117.72 33.73 ± acres 1,118.13 3.96 ± acres 131.30 1.72 + acres 57.01 115.75 Acres $ 3,974.87 Revised: 2/14/91 City of Sebastian POST OFFICE BOX 780127 [] SEBASTIAN, FLORIDA 32978 TELEPHONE (407) 589-5330 D FAX (407) 589-5570 SUBJECT: Engineering Consultant) Louisiana and Schumann Projects) ) ) ) ) approved For'Submittal By: ) ) city Manager ) ) ) agenda No. / Dept. of Origin: City Manager Date Submitted: 02/19/91 For agenda Of= 02/27/91 Exhibits: - General Scope of Services - Proposals from Three (3) Firms (Under Separate Cover) EXPENDITURE AMOUNT APPROPRIATION REQUIRED: BUDGETED: REQUIRED: On February 14, 1991, a committee composed of Finance Director, Carol Carswell, Acting Public Works Director, Jerry Thomas, and myself interviewed three (3) consulting engineering firms which had submitted proposals for the Louisiana Avenue improvement project and the Schumann Drive Drainage improvement project. The engineering consultants who were interviewed were: Lindahl, Browning, Ferrari & Hellstrom, Inc., Peterson & Votapka, Inc., and Masteller, Moler & Mayfield Associates, Inc. Each firm was given thirty (30) minute~ for a presentation and fifteen (15) minutes for a question and answer period. After reviewing the written proposals and evaluating the presentations during the interview, the committee was unanimous in its recommendations for a rank ordering as required by Chapter 287, Florida State Statutes. Our recommendation is: 1. Masteller, Moler & Mayfield Associates, Inc. 2. Lindahl, Browning, Ferrari & Hellstrom, Inc. 3. Peterson & Votapka, Inc. The committee felt that Masteller, Moler & Mayfield Associates, Inc., presented the most comprehensive proposal and had the best understanding of the project of any of the three (3) firms. Stan Mayfield, P.E., will be the principal in charge of the project. As outlined in the proposal, Mr. Mayfield has extensive experience including employment with the City of Jacksonville, FL. The projects will include an extensive amount of surveying and Rod Reed, RLS, has extensive surveying experience in both the Louisiana Avenue area as well as the Schumann Drive area. ~f 0~ / It was apparent that the firm did a considerable amount of research in preparing their proposal, including an analysis of the City's Comprehensive Plan, inspection of the sites, a review of the proposed twin pair improvement of CR 512, and a review of the storm water permitting requirements of St. John's River Water Management District. Additionally, they outlined a detailed public relations program for both projects and, for the Louisiana Avenue project recommended that the engineering evaluation include sidewalks. RECOMMENDED ACTION Move to approve the rank ordering of the engineering consultants for the Louisiana Avenue project and the Schumann Drainage project and direct staff to begin contract negotiations with the number one ranked firm, Masteller, Moler & Mayfield Associates, Inc. City of Sebastian POST OFFICE BOX 780127 D SEBASTIAN, FLORIDA 32978 TELEPHONE (407) 589-5330 r~ FAX (407) 589-5570 LOUISIANA AVENUE IMPROVEMENT PROJECT SCHUMANN DRIVE DRAINAGE IMPROVEMENT PROJECT ENGINEERING-SURVEYING SERViCES-GENERAL SCOPE OF SERVICES L~UISIltN~ AVENUE iMPROVEMENT PROJECT The city proposes to improve Louisiana Avenue in its entirety. Louisiana Avenue is approximately 5100 1.f. beginning at its intersection with CR 512 and running north to its dead end beyond its intersection with Main Street. The Consultant will perform all professional Surveying and Engineering Services required to provide an Improvement Survey, an analysis of alternatives, and design and construction related services. phase 1. ~ a~d ~: will include a complete improvement survey showing the existing right-of-way and all improvements within the right-of-way as well as the location of intersecting property lines and intersections. The. Improvement Survey will show all natural and man-made objects within the right-of-way. In addition, the Phase 1 analysis will include an evaluation... of the intersection of Louisiana Avenue and Main Street as necessary to improve Main Street on both sides of the FEC rail- road tracks. This phase will consist of a preliminary Engineering report including the findings of the Improvement Surv=y and recommendations for improvements. The report will outline and identify options for improvements along with a construction estimate for each option. Phase 2. Design: This phase will include all related design work including construction drawings, assistance in obtaining necessary permits (such as drainage permit from St. John's River Water Management District), all bidding and construction documents, at- tending the bid opening, and evaluating all bids and making a recommendation to the City Council. Phase 3. Construction serY, ice~: This phase will include con- struction coordination including the coordination of inspection and testing services and reviewing and approving Contractor Pay Requests. SCHUMANN DRIVE DRAINAGE IMPROVEMENTS The Consultant will provide all necessary professional Surveying and Engineering services needed to provide an investigation and analysis of the drainage system in the Schumann Drive area. The limits of the study area include that territory to the south of Bailey Drive to the east of Schumann Lake to the north of Kildare Drive and to the west of Lance Street. The Phase 1. ~Dvestiaation and AIB%lS~: This Phase will include locating and inspecting all existing drainage facilities and issuing a report outlining recommendations and related con- struction cost estimates. Phase2. ~~9~5~_e~: This phase consists of all related design work, construction drawings, permitting,and all bidding and construction documents. Additionally, the Consultant will attend the bid opening, evaluate bids and make recommendations to the Sebastian City Council. Phase3. Construction ~oordination~ This coordination of all inspection and related and approving all Contractor Pay Requests. phase will include testing and reviewing City of Sebastian POST OFFICE BOX 780127 [] SEBASTIAN, FLORIDA 32978 TELEPHONE (407) 589-5330 [] FAX (407) 589-5570 SUBJECT: Riverview Park Drainage Approved For Submittal By: 'city Manager - ) Agenda No. ~/' ~ ) ) Dept. of Qriqln: City Manager ) ) Date Submitted: 02/20/91 ) ) For Agenda Of: 02/27/91 ) Exhibits: ) ) - Mosby Proposal Dated, 02/15/91 EXPENDITURE REQUIRED: $3,500 AMOUNT BUDGETED: $25,000 APPROPRIATION REQUIRED: SUM~RY STATEMENT Currently, a storm sewer outfall culvert and ditch crosses city owned property adjacent to Riverview Park. These drainage structures transmit storm sewer water from the drainage area consisting of Riverview Park and adjoining streets. The discharge is directly into the Indian River Lagoon. Coincidentally, the City has recently cleared an area Riverview Park at the northeast corner by removing Australian Pine trees which were killed by the freeze of December, 1989. It may be possible to utilize this area as a storm water management' area to prohibit the direct flow of storm water into the indian River Iagoon. Further, the Parks and Recreation Committee is recommending that the children's playground behind the old Library building at Main and Indian River Drive be relocated and expanded to the northeast corner of Riverview Park. It may be possible for this area of the park to contain storm water management improvements as well as a children's playground. In order to move ahead with an analysis and proper permitting, certain engineering must be done to calculate the storm water retention requirements, design the necessary drainage improvements and complete an application to the St. John's River Water Management District. Concurrently, staff would make every effort to identify possible grant funding (with the help of the Watershed Action Committee) to construct the actual improvements. Mosby & Associates, Inc., has had a continuing engineering consulting relationship with the City for many years and is well qualified to do this work. ~CO~E~ED~ Review Mosby & Associates, Inc., proposal dated February 15, 1991 and, if appropriate, authorize the Mayor and City Clerk to sign in behalf of the City. MOSBY AND ASSOCIATES, INC, CONSULTING ENGINEERS February 15, 1991 1507 20th STREET P.O, BOX 6368 veto BEACH, FLORIDA 32961 407-569-0035 Mr. Robert S. McClary City Manager City of Sebastian Post Office Box 127 Sebastian, Florida 32978-0127 subject: Proposal/Contract for Professional Engineering Services for Drainage Improvements - Riverview Park Sebastian, Florida Engineer's Project No. 91-147 Dear Mr. McClary: At your request, we are hereby submitting our proposal to provide professional engineering services for the above subject project. Our scope of work would consist of the following: 1. Project coordination with the owner. 2. Project coordination with the following regulatory agencies: a. St. Johns River Water Management District b. City of sebastian's Planning and Engineering Departments. Project coordination and evaluation of the required sub- surface soils investigation which will include one (1) percolation test. We have not included the cost of this soils work in this. proposal but intend to sub-contract this work with Empire Engineering and Testing. On-site field investigation of the existing drainage patterns. Evaluation of the existing stormwater run-off volume through the existing outfall structure to the Indian River, draining Fellsmere Road, Coolidge Road and Harrison Street. Design of the on-site stormwater management tract to include the existing stormwater and the stormwater from the Riverview Park and the proposed parking lot on the east side of Indian River Drive. Mr. Robert S. McClary February 15, 1991 Page 2 6. Preparation of the on-site sformwater system. Preparation of the St. Johns River Water Management District stormwater permit application. 8. Final project coordination and submittal. We propose to provide the herein described services for a total fee of $3,500.00 excluding direct costs. Reimbursement of engi- neering costs shall be on an hourly basis and ar~ as follows: Sr. Engineering: Jr. Engineering: Technician: Jr. Technician: Administrative: $60.00 Per Hour $50.00 Per'Hour $45.00 Per Hour $40.00 Per Hour $25.00 Per Hour Construction inspection has not been included in this proposal, but if requested, will be provided on an hourly rate basis at the hourly rates defined above. Expenses for work required which is not covered in the herein described items will be billed as direct costs without mark-up. Direct costs would include such items as printing, permitting fees, long distance telephone calls and'mileage reimbursement at $0.25 per mile. If at any time during the evaluation and design of the herein stated proposed services it becomes apparent that the described scope of work changes, we will immediately notify you prior to making such changes, such changes will be considered additional services and will be billed at the herein stated hourly rates. Invoices for our services will be billed on a monthly basis payment due upon your receipt of the invoice. A service of 1-1/2% per month will be billed for late payments. with charge We are available to begin the work described herein upon our receipt of your written acceptance of this proposal/contract. M~'.-Robert S. McClary February 15, 1991 Page 3 Should call. you require further information or .clarification, please Very truly yours, ~OSB~/~,,~ ~.~SO~TES/ ~C/ WITNESS RLM:bes Accepted this day of 1991. Signature Witness City of Sebastian POST OFFICE BOX 780127 u SEBASTIAN, FLORIDA 32978 TELEPHONE (407) 589-5330 D FAX (407) 589-5570 SUBJECT: Riverview Park Stevenson Tract Approved For su~mlttal By~ City Manager ~'~ D~t. o~ O~g~.- ¢~t¥ Manager Date Submitted~ For Agenda Of~ Exhibits= 02/19/91 02/27/91 - Mosby Plan Dated 02/01/91 (Under Separate Cover) EXPENDITURE REQUIRED= AMOUNT BUDGETED~ APPROPRIATION REQUIRED: SUMMARY STATEMENT The current Capital Projects Budget allocates $4,000 for improvements to Riverview Park on the property between Indian River Drive and the Indian River adjacent to Riverview Park. This tract is commonly referred to as the Stevenson park tract since much of the property was donated by former Mayor and Mrs. Paul Stevenson. We have recently ordered a monument honoring Mr. & Mrs. Stevenson for their generous donation. We have asked Randy L. Mosby to design improvements which would be appropriate with this area and its use as a passive park while at the same time complementing efforts of the Riverfront Committee. Therefore, we ask City Council to review the site plan but to defer any approval pending ~a review by the Riverfront Committee. Since indian River Drive is a County maintained road, we may need to obtain their permission .for this work. At this time, we are requesting the City Council to review the concept of the proposed site plan. REcoMMENDED Review proposed site plan for the Stevenson park tract of Riverview Park and, if appropriate, request the Riverfront Committee to review and comment on the proposal. City of Sebastian POST OFFICE BOX 780127 [] SEBASTIAN, FLORIDA 32978 TELEPHONE (407) 589-5330 [] FAX (407) 589-5570 SUBJECT: Indian River County Sewer Approved For Submittal Byl City Manager ~ Agenda No. Dept. of Orlgin:W.E. Conyers, Mayor Date Submitted: 02/20/91 For Agenda Of: 02/27/91 ) ) Exhibits~ ) - Resolution R-87-6 Granting a ) Franchise to indian River County ) ) - Resolution R-87-7 Approving Inter- ) Local Agreement With IRC ) ) - Ordinance O-87-01 Re: IRC Utilities ) ) - Indian River County Draft ) Ordinance ) ) - Indian River County Schedule ) of Rates EXPENDITURE REQUIRED: ~/~OUNT BUDGETED: APPROPRIATION REQUIRED: SUMMARY STATEMENT Mayor W. E. Conyers has asked for an agenda item to discuss the Indian River County Sewer project and its related rates, charges, fees and assessments. To facilitate the discussion, I have included copies of certain documents including the resolution granting an exclusive franchise to Indian River County for water and sewer. RECOMMENDED ACTION Review Indian River County sewer project. RESOLUTION R-87-6 .. A RESOLUTION OF THE CITY OF SEBASTIAN, FLORIDA, GRANTING TO INDIAN RIVER COUNTY, FLORIDA, ITS SUCCESSORS AND ASSIGNS, A WATER AND SEWER FRANCHISE IN THE INCORPORATED LIMITS OF SEBASTIAN, FLORIDA; CONTAINING PROVISIONS AND CONDITIONS RELATING THERETO; AND PROVIDING AN EFFECTIVE DATE. BE IT RESOLVED by the City Council of 'the City.of Sebastian, Florida, acting for and on behalf of the City of Sebastian, Florida (~he "City"), as follows: 1. Grant of Franchise. The City hereby grants to Indian River County, Florida (the "County"), the exclusive right and privilege of maintaining, operating and expanding a sanitary sewage collection, transmission, treatment and disposal system (such system to include collection lines, pumping stations, lift stations, force mains, manholes, sewage treatment plant and other appurtenances necessary and appropriate thereto), and a water distribution system (such system to include water lines, wells, pipes, pumps, treatment facilities and other appurtenances neceusary and appropriate thereto) for the purposes of providing adequate and sanitary sewage collection and disposal services, and for the supplying of water, for sale within the the territories hereinafter defined (the "Franchise"), all such territories being within the incorporated limits of the City. 2. Territory. The geographic area to which this Franchise shall be applicable is the entire area within the incorporated limits of the City, excluding the areas ir which the City has previously granted franchises to furnish water or sewer services to the extent thereof, (the "Franchise Territory"). Should any such prior franchise expire, revert, be forfeited, cancelled or otherwise come under the control of the City, the territory covered by that franchise shall automatically become a part of the Franchise Territory. Any territory subsequently annexed by the City shall be added automatically to the Franchise Territory. '3. No ComDetinq Franchise. To the full extent permitted by law, the City shall not allow, grant or authorize the. allowance or the granting of a competing franchise to furnish water or sewer services to or within the Franchise Territory. 4. Service Standards. The County shall institute water and/or sewer services to the Franchise Territory, or any part thereof, when, in the sole opinion of the County, it is econom- ically feasible to do so. At the time the County agrees to provide water and/or sewer services to the Franchise Territory, or any part ghereof, it will make such additions and improvements to its system as are necessary to provide adequate water and/or sewer services that area. Within the Franchise Territory, or any part thereof, where the County has agreed to provide water and/or sewer services, the following standards shall apply unless otherwise required by the County= (a) in the case of single family lot owner, the running of any lines from the owner's private plumbing to the closest point of connection, as designated by the County,shall be the responsibility of the owner; (b) in the case of any other structure, except as provided2in (c) below, including but not limited to, any multi-family dwelling, the running of any lines from the structure's private plumblng to the closest point of connection, as designated by the County, shall be the responsibility of the owner(s) of said structure; and (c) in the case of a developer, the running of any lines to the closest point of connection, as designated by the County, shall be the responsibility of the developer; provided, however, that the County may, in its sole discretion, also require that the developer first make provisions for the installation of a complete sewage collection and water distribution system, including p~mp stations, force mains, and appurtenances necessary or appropriate to collect and convey the sewage from the development to the nearest sewage treatment plant, or the closest point of connection, as designated by the County. Said complete sewage collection and water distribution system shall be constructed in accordance with County standards and specifications and subject to the County's right of inspection and approval. Any developer the County requires to install a complete sewage collection and water distribution system shall have the option to have the County install said complete sewage collection and water distribution system and the developer shall pay the County for the cost thereof, including a reasonable fee for t~e Count},. The developer, before or at the time of connecting to the County's system, shall convey, assign and transfer to the County said complete sewage collection and water distribution system as a capital contribution in aid of construction to the County. In no case shall this provision be construed so as to permit any extensions or hookups of any new sewage collection or water distribution infrastructure that - 2 - is inconsistent with any then existing comprehensive land use plan, zoning ordinance, resolution, rule, regulation or law of the County, of the City..or of the State of Florida. 5. License. To accomplish the proper performance of any water and/or sewer services, the County is gr~nted the license, permit and privilege to construct, maintain, repair, operate and remove any and all necessary or appropriate lines, pipes, manholes, pump stations, lift stations and the like upon, along, over, under and across any City or public road, easement, street, highway, ways, sidewalks, bridges or other City or public places which are within, adjacent to or in the vicinity of the Franchise Territory. In so doing however/ the County covenants that it shall take reasonable safeguards, shall cause as little disruption to the public as possible, shall attempt to prevent the creation of obstructions or conditions which might be dangerous to the public, and shall promptly repair any damage or injury to such private, City or public property, restoring same to a condition comparable to that which existed prior thereto. 6. Term. This Franchise is for an initial period of thirty (30) year~ from the date of acceptance hereof, and is & subject to renewal upon agreement by the City and the County. 7. Procedure for Determining Rates. All rates, charges and fees for water and sewer services shall be established solely by the County, provided that at all times rates, charges, and fees shall not exceed those charged by the County in the unincorporated areas of the County. 8. Miscellaneous. If any term, covenant, condition or provision hereof, or the application thereof to any person, entity or circumstance shall, at any time or to any extent, be held invalid or unenforceable, the remainder of this Resolution, or the application of such term, covenant, condition or provision to persons, entities or circumstances other than those to which it was held to be invalid or unenforceable, shall not be affected thereby, and each term, covenant, condition or provision of this Resolution shall be valid and enforceable to the fullest extent permitted by law. Except as otherwise expressly provided herein, the County shall have the authority to promulgate such rules and - 3 - regulations covering the conduct of its business as shall be reasonably necessary or appropriate to enable it to exercise its rights and perform its obligations hereunder. The City h~reby declares that all resolutions or ordinances of the City in conflict with the provision~ of this Resolution are hereby repealed to that extent. The City hereby covenants to assist and cooperate with the County in order to carry out the purpose and intent hereof. It is specifically agreed that this Resolution, when accepted by the.County, shall be considered an agreement by and between the City and the County, and as such, a contractual instrument recognized under the statutes and common laws of the State of Florida. 9. Franchise Fee. Within the first two weeks of August of each xear, the County, its successors or assigns, shall pay to the City, an amount of money which will equal Six Percent (6%} of the County's gross revenues from the sale of water and sewer service to all of its customers within the Franchise Territory. Each such franchise fee shall be for the twelve (12) month period ending on July 31st immediately preceding such payment date. Th~ County may designate that portion of a customer's bill attributable to the franchise fee as a separate item on such bill. Any interest earned by the County on said fees shall be paid to the City. 10. Effective Date. This Resolution shall take effect immediately upon its adoption. (CITY SEAL) CITY OF SEBASTIAN, FLORIDA t L. ~Mazor - 4 - I HEP~HY CERTIFY that the foregoing RESOLUTIO~ was duly adopted by the City Council of the City of Sebastian, Florida, on the ~day of January, 1987. ,/ (CITY SEAL) APPROVED AS iO F6~M AND LEGALLY SUFFICIENCY City Attorney ACCEPTED BY THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY ON THE 3rd day of 'February 1987. ATTEST: ~r--k,to the Countf//Co~mission (COUNTY S~EAL ) D6-n C. ScU~10ck~r., Chairman I HEREBY CERTIFY that a fully executed copy hereof was delivered to the Office of the City Clerk, City of Sebastian, on the__day of January, 1987. City Clerk - 5 - RESOLUTION R-87-7 A RESOLUTION OF THE CITY OF SEBASTIAN, FLORIDA, APPROVING AN INTERGOVERNMENTAL AGREEMENT BY AND BETWEEN THE CITY AND iNDIAN RIVER COUNTY, FLORIDA, RELATING TO THE PROVISION OF WATER AND/OR SEWER SERVICES TO THE CITY BY THE COUNTY; APPROVING TI{E FO~M T}{EREOF; APPROVING THE EXECUTION THEREOF; AMD PROVIDING AN EFFECTIVE DATE. BE IT RESOLVED by the City Council of City of Sebastian, Florida, acting for and on behalf of city of. Sebastian, Florida (the "City"), as follows: 1. A_p. proval. The City hereby approves the form and substance of the Intergovernmental Agreement by and between the City and indian River County, Florida (the "County"), a copy of which is attached hereto, relating to the provision of water and/or sewer services to the City by the County. 2. Execution. The Mayor of the City is hereby authorized to execute the Intergovernmental Agreement for and on behalf of the City. 3. Effective Date. This Resolution shall take effect immediately upon its adoption. ~ (SEAL) CITY OF SEBASTIAN, FLORIDA I IlEREBY CERTIFY that the foregoing RESOLUTION was duly adopted by the City Council of the City of Sebastian, Florida, on the /~-/C~day of January, 1987. ~Ci~y Cl~rk~ (SEAL) APPROVED AS TO FORM AND LEGAL SUFFICIENCY INTEROOVERNHENTAL AGREEMENT THIS INTERGOVERNMENTAL AGREEMENT, effective as of the last date of execution hereof, is made by and between Indian River County, Florida (the "County"), and the City of Sebastian, Florida (the "City"). W iTNE S SETH: WHEREAS, the County now provides collection, transmission, treatment and disposal of sanitary sewage and distributes water in some of the unincorporated areas within its territorial boundaries; and WHEREAS, the City desires that the County provide such water and sewer services to areas located within its incorporated 1/mits; and WHEREAS, the City has granted the County the exclusive right and privilege of providing such water and sewer services to the County's Franchise Territories located within the City's incorporated limits by Resolution R-87-6 of the City; and WHEREAS, the County and the City desire to enter into an intergovernmental agreement which would provide for a more specific statement of the rights and resbonsi~ilities of each in connection with the provision of such water and sewer services. NOW THEREFORE, the County and the City, each binding itself, its successors and assigns, and each representing that it has proper legal authority to enter into this Intergovernmental Agreement, and each intending to be bound hereby, do mutually represent, covenant and agree as follows: ARTICLE I DEFINITIONS SECTION 1.01 Defined Terms. When used in this Intergovernmental Agreement, th~ following terms shall have the following meanings, unless the context clearly requires othez-wise: "Agreement" shall mean this Intergovernmental Agreement. "City" shall mean the City of Sebastian, Florida. "County" shall mean indian River County, Florida. "Franchise" shall mean the water and sewer services franchise granted to the County by Resolution R-87-6 of the City. "Impact Fees" shall mean any and all fees imposed by any ordinance in order to offset a portion of the capital costs of anticipated new demand on the System. "Project" shall mean the acquisition, construction, addition, improvement, oversizing, separating and equipping of the System to provide Services within the City or any part thereof. "Services" shall mean the collection, transmission, treatment and disposal of sanitary sewage, and the distribution of water. "Special Assessments" shall mean assessments levied upon the abutting, adjoining, contigu6us o~ other specially benefitted property in order to defray all or a part of the costs of any Project. "Special Assessments in Lieu of Impact Fees" shall mean assessments in lieu of impact fees levied upon property, with the consent of the property owner. "System" shall mean the sanitary sewage collection, transmission~ treatment and disposal system (such system to include collection lines, pumping stations, lift stations, force mains, manholes, sewage treatment plants and -2- other appurtenances necessary and appropriate thereto) of the County, together with the water distribution system (such system to include water lines, wells, pipes, pumps, treatment facilities and other appurtenances necessary and appropriate thereto) of the County for the purposes of providing Services. SECTION 1.02 Int~xpretations. Any reference herein to the County or to the City or to any member or officer of either, includes entities or officials succeeding to their respective functions, duties or responsibilities pursuant to or by operation of law or lawfully performing their functions. Ail "notices", "requests", or similar actions hereunder shall be in writing signed by an authorized officer of the County or of the City, as the case may be. Unless the context indicates otherwise, words importing the singular number include the plural number, and vice versa; the terms "hereof", "hereby", "herein", "hereto", "hereunder" and similar terms refer to this Agreement; and the term "hereafter" means after, and the term "heretofore" means before, the date of this Agreement. Words of any gender include the correlative words of the other genders, unless the context indicates otherwise. ARTICLE II FINDINGS SECTION '2.01 ~~. The County and the City understand and agree that in order to provide the Services contemplated herein within the City, or any part thereof, and by the Franchise, the County will have to make additions ~nd improvements to its existing System. The existing System and the System as it exists after the completion of any or all Projects, are and shall continue to be owned, operated and maintained solely by the County. SECTION 2.02 Issuance of Bonds. The County and the City further understand and agree that it.may be necessary and desireable to provide for the -3- issuance of bonds by the County to finance the costs of any Project undertaken pursuant to this Agreement or the Franchise. The payment of the principal of, redemption premium, if any, and interest on such bonds shall be paid from funds pledged for that purpose, including, but not limited to rates, charges and fees for the Services; Impact Fees; Special Assessments and Special Assessments in Lieu of Impact Fees. ARTICLE III FINANCIAL MATTERS AND COVENANTS SECTION 3.01 Covenants of the ~.iCY. At such time as the County agrees to provide Services within the City, or any part thereof, pursuant to the Franchise, the City covenants as follows: (a) to enact, keep in force, enforce and otherwise maintain ordinances or resolutions similar to those now or hereafter exacted by the County relating to any and all mandatory connections, rates, charges and fees for Services; Impact Fees; Special Assessments and Special Assessments in Lieu of Impact Fees, at the request of the County, and not to enact, keep in force, enforce or otherwise maintain any other ordinances or resolutions with respect to Services provided by the County within the City or any part thereof within the. County's Franchise Territory; (b) should any bonds be issued by the County to finance the costs of ... any Project, to comply with and be bound by any representations, covenants, agreements or pledges made by the County in connection with the issuance pf such bonds, as if such representations, covenants, agreements an~ pledges had been made by the City, and to take any action necessary to effect them; (c) to diligently enforce its right to receive any and all rates, charges, fees, Impact Fees, Special Assessments and Special Assessments in Lieu of Impact Fees under any ordinance or resolution of the City in connection with this Agreement; (d) to be unconditionally and irrevocably obligated to diligently take any lawful action necessary or required to collect such rates, charges, fees, Impact Fees, Special Assessments and Special Assessments in Lieu of Impact Fees, including, but not limited to actions necessary or required to reduce the same to liens and to enforce payment of such liens; (e) to immediatelY pay over to the County any rates, charges, fees, -4- Impact Fees, Special Assessments or Special Assessments in Lieu of Impact Fees collected in connection with this Agreement or provide for direct payment thereof to the County, if so requested by the County; and (f) to take any and all other actions necessary or desireable to carry out the purpose and intent of,this Agreement. SECTION 3.02 Covenants of the C?unt¥. At such time as the County agrees to provide Services within the City, or any part thereof, pursuant to the Franchise, the County covenants as follows: (a) to diligently proceed with any Project(s) with respect thereto; (b) to construct, maintain, repair and operate the System with respect thereto in good condition, repair and working order, and to provide Services with respect thereto in an orderly and efficient manner; and (c) that at all times all rates, charges, fees charged by the County for Services with respect thereto shall not exceed those charged by the County in the unincorporated areas of the County. Anything to the contrary contained herein notwithstanding, the County shall not be under any obligation to provide services within the City or any part thereof unless the County finds it economically feasible to do so. ARTICLE IV MISCELLANEOUS SECTION 4.01%~nspection of Books and Records. The County and the City, by a duly authorized representative, shall each have the right at any time durin§ business hours to inspect the books and records of the other in order to ascertain the compliance of the other with the provisions of this Agreement. SECTION 4.02 Non-Waiver of Ri~h..ts. The failure of either the County or the City to insist upon strict performance of this Agreement or any of the terms or conditions thereof shall not be construed as a waiver of any of its rights hereunder. -5- ORDINANCE 0-87-01 AN ORDINANCE OF THE CITY OF SEBASTIAN, FLORIDA, RELATING TO THE PROVISION OF WATER AND/OR SEWER SERVICES TO THE CITY BY INDIAN RIVER COUNTY, FLORIDA; PROVIDING FOR THE IMPOSITION OF IHPACT FEES; PROVIDING FOR THE LEVY OF SPECIAL ASSESSMENTS; PROViDiNG FOR THE LEVY OF SPECIAL ASSESSMENTS IN LIEU OF IMPACT FEES; AUTHORIZING THE CITY TO ENTER INTO CERTAIN iNTERGOVERNMENTAL AGREEMENTS; AND PROVIDING FOR AN EFFECTIVE DATE FOR THIS ORDINANCE. BE IT ENACTED BY THE CITY COUNCIL OF THE CITY OF SEBASTIAN, FLORIDA, THAT: ARTICLE I General SECTION 1.01 Authority for Ordinance. This Ordinance is enacted pursuant to Article VIII, Section 2, Florida Constitution (1968); Chapter 166, Florida Statutes (1986); the City Charter of the City of Sebastian; and other applicable provisions of law. SECTION 1.02 Definitions. When used in this Ordinance, the followin terms shall have the following meanings, unless the context clearly requires otherwise: "Agreement" shall mean the Intergovernmental Agreement between the City and the County with respect to water and sewer services within the City. "Assessment'~ or "Assessments" shall mean any Special Assessments together with any Special Assessments in Lieu of Impact Fees. "Board" shall mean the Board of County Commissioners of Indian River County, Florida. "City" shall mean the City of Sebastian, Florida, "Council" shall mean the City Council of the City of Sebastian, Florida. "County" shall mean Indian River County, Florida. "Equivalent Residential Unit" or "ERU" shall, for purposes of this Ordinance. have the same meaning as set forth in County Ordinance 86-18, as amended and supplemented. "Franchise" shall mean the water and sewer services franchise granted to the County by Resolution R-87-6 of the City. "Impact Fees" shall mean any and all fees imposed by any ordinance in order to offset a portion of the capital costs of anticipated new demand on the Systeln. "Improvements" shall mean the acquisition, construction, addition, oversizing, separating and equipping of the water and sewer system oumed and operated by the County in order to provide water and/or sewer services to the City, or any part thereof, pursuant to the'Franchise. "Services" shall mean the collection, transmission, treatment and disposal of sanitary sewage, and the distribution of water. ~ "Special Assessments" shall mean assessments levied upon the abutting, adjoining, contlRuous or other specially benefitted property pursuant to this Ordinance in order to defray all or a part of the costs of any Improvements~ "Special Assessments in Lieu of Impact Fees" shall mean s~sessments in lieu of impact fees levied upon property, with the consent of the property '~ ovner, pursuant to. this Ordinance. "System" shall mean the sanitary sewage collection, transmission. treatment and disposal system (such system to include collection lines, pumping stations, lift stations, force mains, manholes, sewage treatment plnnt and other appurtenances necessary and appropriate thereto) of the County, together with the water distribution system (such system to include water lines, wells, pipes, pumps, treatment facilities and other appurtenances necessary and appropriate -2- thereto) of the County for the purposes of providing adequate and ~anitary sewage collect/on and disposal services, and the supplying of water. SECTION 1.03 Power of Council. All power and authority granted to the City by the provisions of this Ordinance shall be exercised by the Coungil or its successors, as the governing body of the City. ARTICLE II Impact Fees SECTION 2.01 Impact Fee, Exp~nsion Policy. This section establishes procedures to facilitate the orderly expansion of the System by the County and provides alternates for funding such expansion by those specifically benefitting thereby, by imposing a user charge which is reasonably calculated to offset a portion of the capital cost of the anticipated new demand on the System. The remaining capital cost shall be recouped through monthly charges. Certain necessary Improvements will have to be undertaken in order to provide a System to meet the needs of a large influx of new residents, industrial and business establishments anticipated to occur in future years. In order to finance these improvements, several combined methods of financing will be necessary, one of which is an Impact Fee. An Impact Fee is hereby imposed in order to offset the cost to the County of the necessar~ expansion of its System. The amount of Impact Fees have been established on the recommehdation of the County's rate consultants. SECTION 2.02 Impact Fee Imposed. There is hereby imposed an Impact Fee in the Franchise Territory according to the following schedule, based on the equitable portion of the coat to the County of financing the extension of the System on each Equivalent Residential Unit responsible for creating the need for additional system expansion. The obligation to pay the Impact Fee shall occur at the earliest of the following dates: - 3 - Vhen the capacity is'reserved, when a water or sewer per~tt ts granted, when a building permit is issued or when any connection to the Systsm ts made. ~ater Service ............. $1,140.O0/ERU Sever Service ............... $1,250.O0/ERU If a building permit is issued for an existing non-residential, commercial or industrial connection which will increase demand on the System or if a building changes from residential to non-residential occupancy, the total number of Equivalent Residential Units for the old and new parts of the facility will be computed according to the definition of Equivalent Residential Units and I~pact Fees shall be assessed on the difference. SECTION 2.03 Escalation of Impact Fees. The basis for the Impact Fees imposed has been structured with respect to two major but variable factors. First, the present level of construction cost of Improvements. Second, the theory of treatment facilities and their relative degree of treatment system sophistication as prescribed by the Florida Department of Health and Rehabilitative Services and the Florida Department of Environmental Regulation. The foregoing schedule of Impact Fees shall automatically escalate based upon increases in utility construction index published in the Engineering News Record magazine (~NR) (if ENR goes out of business, an equivalent index will be used). The City shall automatically adjust the Impact Fees set forth herein semi-annually with the first such adjustment to be not earlier than December 31, 1987. The automatic escalation shall not exceed the percentage difference between said construction cost index for the base period as compared with the period in review. SECTION 2.04 Escalation of plant cspacit~....fe.~. Separate and apart from the automatic escalation provisions set forth above, the Utility Department of the County may file with the Council a higher or lower Impact Fee schedule, and in support of that schedule, detail the reasons requiring such increased fees. Such reasons may include and be related to increasing standards of service; inadequate or incorrect estimates of the total anticipated fees versus the actual investment levels required by the County for the System; actual experience with regard to matters of service area density having a direct bearing upon Assessments received versus the cost of construction of Improvements; matters of net investment bearing upon rates and charges required of consumers and/or such other matters which may reasonably bear upon the needs, necessities or consideration requiring such change. SECTION 2.05 Use of proceeds. The proceeds accumulated by reason of the establishment of the Impact Fees can be used only for capital expenditures for the expansion of the County's System. The funds may be used for extending, oversizing, asps-sting or constructing new additions to the treatment plant or collection and interceptor systems of the System so as to meet the increased demand which additional connections to the System create. Said proceeds may not he used for i~proving, updating or bringing the System into compliance with any change in law or other events which would other wise require such improving, updating or bringing the System into compliance. "~ SECTION, 2..06~ P~_=a.~nents. All Impact Fees paid to the Cifi~ shall be, upon receipt, paid immediately to the County for deposit into Impact Fee trust fund(s) established by the County and shall be used by the County only for purposes of the expansion of the System. Any funds on deposit in such trust fund(s) which are not immediately necessary for the expansion of the System may be invested in the manner provided by law for the investment of surplus County funds. All interest earned on -5- invested funds in the respective trust fund shai1 bear the same restrictions on expenditure ss those funds which created the interest. ARTICLE III Special Assessments SECTION 3.01 Method of Prorating ~pecial Assessments, Special Assessments against property deemed to be specially benefited byi Improvements shall be assessed upon the property specially benefited by the Improvements in proportion to the benefits to be derived therefrom, said special benefits to be determined and prorated according to the foot frontage of the respective prop-tries specially benefited by the Improvements, or by such other method as the County may require the Council to prescribe by resolution. SECTION 3.02 Resolution Required to Declare Special Assessments. When the County determines to de£ray the whole or any part of the cost of any Improvements by Special Assessments. upon notice thereof, the Council shall declare by resolution the nature and location of the improvements, the part or portion of the cost thereof to be paid by Special Assessments, the manner in which the assessments are to be made. when the Special Assessments are to be paid. and what part, if any, shall be paid from other available funds The resolution shall designate the lands upon which the Special Assessments are to be levied. In describing said lands it shall be sufficient to describe them as 'all lots and lands adjoining and contiguous or bounding and abutting upon the Improvements or specially beneficed thereby and further designated by the assessment plat with respect to the Special Assessments." The resolution shall also state the total actual or estimated cost of the Improvements. SECTION 3.03 Assessment Plat. At the time of the adoption of the resolution aforesaid, there shall be on file with the clerk of the City, an -6- assessment plat showing the area to be assessed. The assessment plat shall be open to inspection by the public. SECTION 3.06 Publication of Resolution. Upon the adoption of the resolution aforesaid, the City shall cause the resolution to be published one time in a newspaper of general circulation published in the County. SECTION 3.05 Assessment Roll. Upon the adoption of the resolution aforesaid, the Council shall have an assessment roll made in accordance with the method provided in the resolution. The assessment roll shall show the lots and parcels of land assessed and the assessment against each lot or parcel of land, and if said assessment is to be paid in installments, the amounts and due dates thereof. The assessment roll shall be completed nnd filed with the Council as 9romptly as possible. SECTION 3.06 Publication of Assessment Roll. Upon the completion of the assessment roll, the Council shell fix by resolution a time and place at which the o~ners of the property to be assessed, or any other interested persons, may appear before the Council and be heard as to the propriety and advisability of making the Improvements, if not already made, the cost thereof, the manner of payment therefor and the amount to be assessed against each property, At least ten days' notice in writing of such time and place shall be given to such propert~ o~mers which shall be served by mailing a copy of such notice to each of such property o~mers at his last known address, the names and addresses of such property o~ners to be obtained from the records of the property appraiser, proof of such mailing to be made by affidavit of the clerk of the City, provided that failure to mail said notice or notices shall not invalidate any of the proceedings hereunder. Notice of the time and place of such hearing shall also be given by two publications a week apart in a newspaper of general circulation in the County. The last publication shall be at least one week prior to the date of the hearing. The notice shall describe the streets or other areas to which the Improvements relate and advise all interested persons that the description of each property to be assessed and the amount to be assessed to each property may be ascertained at the office of the clerk of the City. SECTION 3.07 Equalizing Board. At the time and place named in the notice provided for in Section 3.06, the Council shall meet as the equalizing board to hear and consider'any and all complaints as to the Special Assessments and it shall with the approval of the County adjust and equalize the Special Assessments on the basis of justice and right. ~hen so adjusted, equalized and a~proved, the Special Assessments shall stand confirmed and shall remain legal, valid and binding first liens upon the property against which the Special Assessments were made, until paid in full. Upon completion of the Improvedaents, the Council shall credit to each of the Special Assessments the difference in the Special Assessment as originally made, approved and confir~ed and the proportionate part of the actual cost of the Improvements to be paid by Special Assessments as finally determined, but in no event shall the final Special Assessments exceed the amount originally assessed. Promptly after confirmation, the Special Assessments shall be recorded by the clerk of the City in a separate book, to be known'as the "Assessment Lien Book", and the record of the lien in this book shall constitute prima facie evidence of its validity. ARTICLE IV Special Assessments in Lieu of Impact Fees SECTION 4.01 Special Assessments in Lieu of Impact Fees. In lieu of the Impact Fees imposed or by other applicable provisions of law,' the Council, if requested by the County to do so~ is hereby authorized ~o assess, by resolution, Special Assessments in Lieu of Impact Fees. Special Assessments in Lieu of Impact Fees shall be assessed against the properties with respect to - 8 - which Impact Fees would otherwise be imposed. A Special Assessment in Lieu of an Impact Fee shall only be assessed against a specific property with the consent of the owner of said property. Such consent shall be given in the manner prescribed by the County. In the event that consent is given with respect to a specific property, then the Impact Fee which would otherwise be imposed with respect to said property shall not be imposed, anything to the contrary contained in any ordinance or other provision of law notwithstanding. SECTION 4.02 Method of making Special Assessments in Lieu of Impact Fees. The Council shall follow all of the notice, hearing and other procedures set forth in Sections 3.03, 3.04, 3.05 and 3.06 for Special Assessments for S~ecial Assessments in Lieu of Impact Fees, as applicable and/or appropriate. SECTION 4.03 Hearing Required. At the time and place named in the notice provided for in Section 4.02, the Board shall meet to hea~ and consider any and all complaints as to the Special Assessments in Lieu of Impact Fees. After due consideration of any such complaints, the Council shall then approve by resolution the Special Assessments in Lieu of Impact Fees. l~hen so approved, the Special Assessments in Lieu of Impact Fees shall stand confirmed and shall remain legal, valid and binding first liens upon the property against which they were made, until paid in full. Promptly after confirmation, the Special Assessments in Lieu or,Impact Fees shall be recorded by the clerk of the City in the "Assessment Lien Book" referred to in Section 3.07, and the record of the lien in this book shall constitute prima faeie evidence of its validity. ARTICLE V Priority of Lien; Legal Proceedings.A.,~c. SECTION 5.01 Priority of Lien; Interest and Method of Pa)anent. Assessments hereunder shall be payable at the times and in the manner to be specified by the County. Assessments shall remain liens, co-equal with the lien -9- of all state, county, district and municipal taxes, superior in dignity to ali. other liens, titles and claims until paid, and shall bear interest at a rate to be specified by the County and pursuant to resolution of the Council, o~, if bonds are issued by the County to finance the costs of any Improvements, at a rate not to exceed two (2) percent above the rate of interest at which the bonds are sold. Assessments may, by the aforesaid resolution, be made payable in equal installments over a period not to exceed 20 years, to which, if not paid when due, there shall be added a penalty at the rate of one percent per month, until paid. SECTION 5.02 Legal Proceedings Instituted upon Failure of Prgperty Owner to Pay Assessment, Interest or Penalty when Due; Foreclosure: Service of Process. Each installment provided for in Section 5~01 shall be paid upon the dates specified by the County, with interest until the entire amount of the Assessment has been paid, and upon the failure of any property owner to pay any installment due, or any part thereof, or any interest or penalty, the Council shall cause to be brought the necessary legal proceedings by a bill in chan,'ery or otherwise to enforce payment of the Assessments with all interest and penalties, together with all legal costs incurred, including a reasonable attorneys' fees, to be assessed as part of the costs and in the event of default in the payment of. any .installment of an Assessment or any interest, the whol'e Assessment, together with the interest and penalties thereon, shall immediately become due and payable and subject to foreclosure. In any such foreclosure, service of process against unknown or non-resident defendants may be had by publication, as now provided by law in other chancery or other suits. The foreclosure proceedings shall be prosecuted to a sale and conveyance of the property involved in said proceedings as now provided by law in suits to foreclose mortgages, or any other applicable provision of law. - 10- ARTICLE VI Connections SECTION 6.01 Connections to Water System Required. N~ere the same shall be available, the o~ner of every lot or parcel of land within the incorporated area of the City shall (except as limited herein) connect, or cause the plumbing of any buildings or structures thereon to be connected, with the franchised water system of the County upon the approval of the County and use such facilities within two (2) months following notification to do so by the Utility Department of the County. All such connections shall be made in accordance with the rules sad regulations which shall be adopted from time to time by the Board which rules and regulations shall provide for a charge for making such connections in such amount as the County may fix and the Council approve by resolution. SECTION 6.02 Connections with Sewer System Required. The owner of each lot or parcel of land within the incorporated areas of the City upon which lot or parcel of land any buildings or structure used as a dwelling is now situated, or shall hereafter be situated, for either residential, commercial or industrial use, shall connect or cause ~uch buildings or structures to be convected with the franchised sewer system of the County upon approval of the County, and use such facilities within two (2) months following notification to , ~ do so by the Utility Department of the County. Ail such connections shall be made in accordance with the rules and regulations which shall be adopted from time to time by the Board which rules and regulations shall provide for a charge for making any such connections in such amount as the County may fix and the Council approve by resolution. SECTION 6.03 Sewer Connections Require County Water Service. Ail connections to the franchised sewer system of the County shall be simultaneously connected to the franchised water system of the County, unless the water system ~ll- is not available, as determined by the Utility Department of the County. No sewer service shall be provided without water service except as determined by the Utility Department of the County. SECTION 6.06 .Exceptions, This Ordinance shall not be construed to require or entitle any person to cross the private property of another to make any such sewer or water connection. SECTION 6.05 Connections Made By County. If any such owner of any lot or parcel of land within the incorporated area of the City shall fail and refuse to connect with and use the System of the County if available and after notification hy the Utility Department of the County, as provided herein, then t~e Utility Department of the County shall be authorized to make such connections, entering on or upon any such lot or parcel of land for the purpose of making such connections. Charges for Services shall apply beginning twenty (20) days after notification by the Utility Department of the County to connect. The County shall thereupon be entitled to recover the cost of making such connection, together with accrued charges, interest and attorneyts fees. in addition, and as an alternative means of collecting such costs or making such connections, the City, on behalf of the County, shall have a lien on such lot or parcel of land for such cost, which lien shall be of .equal dignity with the lien of sta~e and county and municipal taxes. Suc~/ lien may be foreclosed by the City on behalf of the County in the same manner provided by the laws of Florida for the foreclosure of mortgagee upon real estate. ARTICLE Vii Hiscellaneous SECTION 7.01 Payments to County. The City shall immediately pay over to the County any and all amounts collected pursuant to this Ordinance, any rates, charges and fees for Services may be collected directly by the County; 12- provided, however, tha~ the County may, at any time, require that said rates, charges and fees for Services be collected by the City. In the event such rates, charges and fees are collected by the City, all amounts collected shall be immediately paid over to the County. SECTION .7.02 Intergovernmental Agreements. The City is hereby authorized to enter into agreements with the County, whereby the .County agrees to make Improvements within the City or any part thereof, or agr~s to provide Services to the City, or any part thereof. The definitive form of such agreements shall be specified by resolution of the Council. If Bonds are isstled by the County to finance any part of the cost of the construction or use of any Improvements, said agreements shall be for a duration of not less than the final maturity of any such Bonds. SECTION 7.03 No Referendum Requirg~. No referendum or election in the City shall be required for the exercise of any of the provisions of this Ordinance, unless such referendum or election is required by the Constitution of the State of Florida. SECTION 7.04 No Impairment of Contract. The City will not enact any ordinance or adopt any resolution which will repeal, impair or amend in any manner the rights of the holders of the Bonds issued from time to timer by the County in connection hereunder. SECTION 7.05 This Ordinance Full and Supplemental Authority. This Ordinance shall, without reference to any other law of the State of Florida or the City, be full authority to the Council and the City to carry out and perform the powers set forth herein. This Ordinance shall not be deemed to repeal or supersede any general or special law or ordinance of the City relating to the subject matter hereof, but shall be considered as supplemental, additional and - 13- alternative authority to the CounciI and the City to carry out and perform the powers set forth herein. SECTION 7.06 Assessment Roll Sufficient Evidence of Assessment and Other Proceedings under this Ordinance; Variance Not Haterial Unless Party Ob- jecting Haterially Injured Thereby. Any information or irregularity in the proceedings in connection with the levy of any Assessment under the provisions of this Ordinance shall not affect the validity of the same where the assessment roll with respect thereto has been confirmed by the Council and said assessment roll as finally approved and confirmed shall be competent and sufficient evide~tc~ that the Assessment was duly levied, that the Assessment was duly made a~d adopted, and that all other proceedings in connection with the adoption of the said assessment roll were duly had, taken and performed as required by this Ordinance; and no variance from the provisions of this Ordinance shall be held material unless it be clearly sho~rn that the party obJectin$ was materially injured thereby. SECTION 7.08 Severability. The provisions of this Ordinance are intended co be severable. If any one or more sectl:ms, pat'agraphs, sentences, clauses or provisions shall be held to be illegal or invalid, the rem~inin§ sections, sentences, clauses and provisions of this Ordinance shall nevertheless stand and be construed~as if the illegal or invalid sections, sentences, clauses or provisions had not been included herein. SECTION 7.09 Repealer. All other ordinances, resolutions or parts thereof in conflict with the provisions of this Ordinance are, to the extent of such conflict, hereby repealed. SECTION 7.10 Effective Date. This Ordinance shall take effect immediately upon its enactment. ~ 16 - This Ordinance adopted after motion, second and roll call vote as follows: Mayor llarris - Aye Councilman McCarthy - Aye Councilman Vallone - Aye Councilman Roth - Absent Councilman Rondeau - Absent DATED: January 14 , 1987. ATTEST: i CITY OF SEBASTIAN, F~ORIDA City Clerk Mayor, L. Gene Harris (SEAL) APPROVED AS TO FORM AND LEGAL SUFFICIENCY City Attorney, Thomas C. Palmer - 15 - STATE OF FLORIDA: COUNTY OF INDIAN RIVER: I, City Clerk of the City of Sebastian, Florida, do hereby certify that tl,e abov,, and foregoing is a true copy of: ORDINANCE 0-87-01 AN ORDINANCE OF THE CITY OF SEBASTIAN, FLORIDA, RELATING TO THE PROVISION OF WATER AND/OR SEWER SERVICES TO THE CITY BY INDIAN RIVER COUNTY, FLORIDA; PROVIDING FOR THE IMPOSITION OF IMPACT FEES; PROVIDING FOR THE LEVY OF SPECIAL ASSESSMENTS; PROVIDING FOR THE LEVY OF SPECIAL ASSESSMENTS IN LIEU OF IMPACT FEES; AUTHORIZING THE CiTY TO ENTER INTO CERTAIN INTERGOVERNMENTAL AGREEMENTS; AND PROVIDING FOR AN EFFECTIVE DATE FOR THIS OP~INANCE. adopted by the City Council of the City of Sebastian, Florida in session on the i~. day of January, 1987. .~ WITNESS my hand and official seal this /~ day of Jan,lary, 1987, in the City of Sebastian ,Indian River County, Florida - 16- INDIAN RIVER COUNTY ORDINANCE NO. 91- AN ORDINANCE OF THE BOARD OF-COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA, AMENDING SECTION 24-31 THROUGH SECTION 24-67 OF THE CODE OF LAWS AND ORDINANCES OF INDIAN RIVER COUNTY, FLORIDA, PROVIDING FOR DEFINITIONS; CONNECTION WITH WATER SYSTEM REQUIRED; CONNECTION WITH SEWER SYSTEM REQUIRED; SEWER CONNECTIONS REQUIRE COUNTY WATER; EXCEPTIONS TO CONNECTIONS; CONNECTIONS MAY BE MADE BY COUNTY; EQUIVALENT RESIDENTIAL UNITS; RATES AND CHARGES; IMPACT FEES; EXTENSION OF WATER AND SEWER SERVICES WITHIN DEVELOPMENTS; EXTENSION OF WATER DISTRIBUTION AND SEWER SERVICES TO DEVELOPMENTS; EXISTING AGREEMENTS; UNLAWFUL,...~.C..'.0NNECTION; UNLAWFUL CONSTRUCTION; CON .N...E~!N~ EXISTING PLUMBING; DISPOSAL REQUIREM.;E~; ~t~TENANCE OF PLUMBING SYSTEM; PAYMENT O~ ~EES ~.D'.."~BILLS REQUIRED; COLLECTION OE,.!;SEWER'"~;;F....~'._FAILURE TO MAINTAIN PLUMBING SYsTE~.;,;i'~Q';:S'..~i 'C~E FREE; SEPARATE CONNECTIO~S'~:F....~,R/:~ SEPARATE UNIT; WATER/SEWER FEES ~~~.i~0 PROPERTY OWNERS- -COUNTY MAY BILL ~lqI~,.-. W..~ER CHARGES ON NEW CONSTRUCTION DISCONTINUANCE OF SERVICE FOR NON-PAY~.'F_~..'T, ~EEE ~OR RESTORING SERVICES, PENALTY FOR...'. ~E~,I.I~!/WlTH WATER METER, CHECKS WITH INSUFFI~!.E. ~ FUNDS; PERMIT REQUIRED TO DRAW WATER FROM.F[R:._E. :':H...YDRANTS; PROHIBITION AGAINST DAMAGING EQUIPMENT; REQUIRED INSTALLATION OF BACK. FLOW pREVENTION DEVICES; POWER AND AuTHOR'I O ii NsPECTORS; D SCHARGE OF WATER IN SANITAI~y..~SEWERS; PROHIBITING DISCHARGE OF SPECIFIED~'W-ASTE AND WATERS INTO THE COUNTY SEWER,~G.E SYSTEM; WATER SHORTAGE CONDITIONS; WELLS AND LAWN SPRINKLER SYSTEMS; PENALTIES AND ENFORCEMENT; REPEAL OF CONFLICTING PROVISIONS; INCORPORATION IN COPE; SEVERABILITY; EFFECTIVE DATE NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA that: dbt075/040.51 1 SECTION 1 DEFINITIONS For the purpose of this ordinance, the following terms shall have the meanings set forth thereafter. When not inconsistent with the context, words used in the present tense include the future, words in the plural number include the singular number, and words in the singular number include the plural number. The word "shall" is always mandatory and not merely directory: A. County is Indian River County, Florida. B. D._~gpartment is the Utility Services Department of Indian River County. C.Person is any person, firm, parmership, association, corporation, company or organization of any kind. .~' ;" D. Water is water from the .-C. oUnty w~}er':~aupply system. E. Base Facilities.....char'"~?~'~Tfi~e~.~'i~arggi,,i~POseal by the County for each equivalent residential unit that::'i~eprese'n.ts'~...portion of the cost to the County of having the system available to se~ timt~r~ya!~.~fit residential unit. F. Impact Feei'.:-:Fee pait},aO'fund the capital cost incurred by the · · .... ~ :-' '::~, water and wastewater utiii/y--to 'prox;id~ capacity to serve new utility customers. G. E.c~uiv'~ilent R~idential Unit .(ERU). The amount of water used or wastewater produced by"a ~ical residential unit, whose water use ranges from 0 to 300 gallon~iPe..r day on..:a'"maXimum day basis or 250 gallons per day on a maximum month basis. ;'*~'''~,. '%'''~, ??'"'- H..~: cc~mbination Accounts. Accounts that contain both residential and commercial'¥ti'~ilities served through a common meter may be treated as either residential or non-residential, using whichever method of computation results in a larger number of equivalent residential units. SECTION 2 CONNECTION WITH WATER SYSTEM REQUIRED The owner of every lot or parcel of land within the unincorporated portion of the County, shall, except as limited by Section 4, connect, or cause the dbt075/040.51 2 plumbing of any building, or buildings thereon to be connected, with the water system of Indian River County, Florida, or franchised pffvate utility s. yste_rn.~qpo, n the .appr_oval of the Department, and use such facilities within two month llowing nfftification to do so by the Department. All such connections shall be made in accordance with the rules and regulations which shah be adopted from time to time by the County Commissioners of Indian River County, Florida. SECTION 3- CONNECTION WITH SEWER SYSTEM REQUIRED The owner of each lot or parcel of land within the County upon which lot or parcel of land any building or trailer used as a dwelling is now situated, or shall hereafter be situated, shall connect or cause such bu/lO, ing or buildings or trailer or trailers to be connected with the public sewer fa:C~liri:~$~ '~t~t~e sewer system of Indian River County, Florida, or franchised private uti!iR, systemiii:n~n approval of the Department, and use such facilities withifi~.~.~o~:ihs-~f~l/."~Wing notification to do so by thc Department. Ail such conn¢c/inns shall be. made in accordance w/th the rules · :'ii:":':'%;~.. %:~"' -:~' ';::~:. and regulations which shall be ad°~ted:~f~,'.~.e.'~{o time by the County Commissioners of Indian River county, Florida. SEWER CONNECTIONS REQUIRE COUNTY WATER No County'se~r"kervice shall-be provided without County water servic?~ where water'service is available except as determined by the Department. If water service is not prO~iCle0dt.~¢~customer shall install a meter approved by the County on- any private water..adppiY, and the County shall read the meter for purposes of calculating sewer '~harges. SECTION 5 EXCEPTIONS TO CONNECTIONS This article shall not be construed to require or entitle any person to cross the private property of another to make any such sewer or water connection. dbt075/040.51 3 SECTION 6 CONNECTIONS MAY BE MADE-BY COUNTY If any owner of any lot or parcel of land within the County shall fail and refuse to connect with and use the facilities of the water and sewer system of the County after notification by the Department, as provided herein, then the Department shall be authorized to make such connections, entering on or upon any such lot or parcel of land for the purpose of making such connections. The base facilities charge of the County shall apply beginning 20 days after notification by the Department to connect. The County shall thereupon be entitled to recover the cost of making such connection, together with accrued base facilities charges, impact fees, interest and attorney's fees, by suit in any court of competent jurisdiction. In addition, and as an alternative .mea~k,~O~"-collecting such costs or making such connections, the County shall have: a~lien ofi~,sueh lot or parcel of land for such cost, which lien shall be of equafi:di~it~:~:wi~"~h~,'Ii~n of state and county and municipal taxes. Such lien may be fo?~¢l~sed..-:t~Y'~:the County in the same manner provided by the laws of Florida f°r'~ixhe::'R~t~Closd'~:.e"'::Of mortgages upon real estate. EQ U IVALENT,.,.R~E. S I D ENTIAL UNITS Each water and sewer c~st0'i~er's i~'pa~'t fees and base facility charge shall be established on the basis.of,tile.number of equivalent residential units (ERUs) of service required'by each cus~°mer. The following chart shows the basis for calculating each'~bustomer'ts'minimum number of ERUs. In cases where a '~fi~tomer's property use extends to more than one category listed below, the number of ERUs shall be calculated as the sum of the number of ERUs associated with each type of property use and its respective square footage or other basis used for calculating the number of ERUs. Where the calculated number of ERUs is a fraction, the calculated number shall be rounded up to the next highest whole number to calculate the number of assigned ERUs. dbt075/040.51 4 UNIT DESIGNATIONS MINIMUM EQUIVALENT RESIDENTIAL UNITS 1. Single family home, including modular and prefabricated 2. Private dwelling with rented rooms or boarding _house Each additional room available for rent over 3 1 1 .4. Apartment A living unit within a building or grgup Bfilbuildin'~. containing sleeping room and offered for rent or lease~;fdr~._n.e-~ith or longer Hotel/motel ~.~.,/~- .~. -,, Any building or groups of bdildings .. J~' ._. containing sleeping~r~m,accommodations for guests~ and providing the services generally provide~'~b~a..ho(~l~'~r motel and recognized as a hotel or'motel in the community in which i~'~ it is situatEtI, or by the industry, and offering daily or weekly rates, with a bath or connecting bath for every rental unit, and occupied only by transient guests. Any such structure offering a combination of rooms for rent or lease for longer than a month at a time shall not be considered a hotel or motel. dbt075/040.51 5 Per living unit .2 5. Recreation Vehicle Park A place set aside and offered by a person or public body, for either direct or indirect remuneration of the owner, lessor, or operator of such place, for the parking and accommodation of recreational vehicles utilized for sleeping or eating; and the term also includes buildings and sites set aside for group camping and similar recreational facilities. Per vehicles space Condominium That form of ownership of p...[6per~ji' under which units of impro~,eme'nts are.,S~ubject to ownership by one or, more~-owners;*~'a,nO there is appurtenant to each:"unifas~p..art thereof an undivided share in the com'm0h,~:elem6'/itsc~ Condominium property means and includes 'ihe land in a condominium whether or not. contiguous, .an'd all improvements thereon and all ease'~e~is., and~:~hts appurtenant thereto intended for use in cO'nnection with the condominium. Mobile home A structure which is transportable in one or more sections, which is built on a permanent chassis and which is designed to be .5 dbt075/040.51 6 used as a dwelling with or without a permanent foundation when connected to the requiretl utilities. Townhouse A one-family dwelling in a group of at least three such units in which each unit has its own fi'ont and rear access to the outside, no unit is located over another unit, and each unit is separated from any other unit by one or more common fire resistant walls. School i. A private or public or not for l~ro~it conducting regular acadcmic~i~structi~m '~l~kindergarten, elementary or secondary 1~4~ls "~)ndu~tifig training in business or at the .,.V_~Cafion~l, collegiate, or post- ~.,,.f"'-- ..,,~' .?:" graduate levels; ~)~,. ~':'da.y..i~ar..e~';,f~icility providing services to pre-sCl~.O]:~hildre-~' Per e~i~'~$O full timffpUpils & faculty '!. -:::. Per eacff":60~:part'<~i~ pupils & faculty (part time a~?n~lance less than 3.5 hours per day) 10. Church An institution that people regularly attend to participate in or hold religious services, meetings, and other activities. The term "church" shall not carry a secular connotation dbt075/040.51 7 and shall include buildings in which the religious services of any denomination are held. Church with banquet facilities 2 11. 12. Club Buildings or facilities owned or operated by a corporation, association, or persons for a social, educational or recreational purpose; but not primarily for profit or to render a service thav'~is customarily carried on as a business .... Club with dining facilities :~: % Service station Any premises wher~'~'gasoline'and other petroleum products are sold'and/or ligh~':'~maintenance activities such as engine tuneups~.lUbrication, minor repairs, and carbur~6t, cleanii~g tuffy'be conducted. Service stations shall not incli~de~p'i:eihises where heavy automobile maintenance~,':hcfiVities such as engine overhauls, automobile'"~ainting, and body fender work are conducted. Without repair or maintenance With repair or maintenance With car wash per 300 gallons per day water use 1 2 1 dbt075/040.51 8 13. Restaurant Any establishment (which is not a drive-in service establishment) where the principal business is the sale of food, desserts or beverages to the customer in a ready-to-consume state and where the design or principal method of operation includes one or more of the following: CD Customers, normally provided with an individual menu, are served generally in non-di.s.p~?:~able containers by a restaurant employe'~:,fi~tl4 · :ii,' ':~:, same table or counter at which s~i~ ' '~" .~'~ .. Items ':~re':."c.onsumed. icc cream parlors restaurants having~:.~Oor 'area~.~xcld~i4ely within a shopping o~?ffic~.qenter'~a~,-sharing common paring facilixi~ ~th Other businesses within the cente~an~.expregs¥'Prohibiting freestanding stores having'~haracteristics of a drive-in restaurant. A~':cgfetefi~:~ cafeteria type operation where foods, desse?ts.6r beverages generally are se~ed in ~r' .5'" nofidisposable containers and consumed within the restaurant building. Self-service restaurants, where food is generally served in disposable containers, and customers generally do the busing and clean-up for themselves or foods. dbt075/040.51 9 Customers purchase food, desserts or beverages for carry-out. I to 50 seating capacity Each additional 15 seats or portion thereof 3 1 14. Tavern 15. 16. An establishment serv/ng alcoholic beverages in which the principal business is the sale of such beverages at retail for consumption on the premises and where,sandwiches and snacks are available for consumption, on~th&~:remises. i: '~: :i: -m, 1 to 50 seating capacity Each additional 15 seats or portion.ihar~Qf ~und~ or d~ cleaners..?.~ A business that '~r. ohdes Wh'shing, d~ing, and/or ironing se~ces or machines:~forhire to be used by customers on the':.,~.. premises...:~. Per washing~machine Supermarket 1 to 3 water fixtures Per 3 water fixtures thereafter 3 1 dbt075/040.51 10 17. Commercial business All nonresidential, non-institutional and industrial establishments, but not limited to and without regard to whether they are profit or nonprofit organizations or retail and/or wholesale establishments; including stores, garages, cleaning establishments, for-hire-- services, and all other business required to obtain occupational licenses. 18. 19. Per first 2500 square feet Per each additional 5000 square feet or pa~'~h~f~ Office building A building or portion of a,ilb~ilding ~her....e!¢~.'~ervices are performed invol~ing.:p[..~..~iniit~y.-administrative, professional, or For first 3,000 squar~/~,fe~}~. For each:~additional ~3000 square feet or part thereof Nursing/ConValeScent home A home, institution, building or residence, public or private, whether operated for profit or not, presently licensed by the state, which provides maintenance, personal care or nursing for a period exceeding twenty-four hours to three or more ill, physically infirm, convalescing, or aged persons who dbt075/040.5 ! 11 are not related by blood or marriage to the operator. The definition of nursing or convalescent home does not include hospitals, clinics or similar institutions which are devoted primarily to the diagnosis and treatment of the sick or injured. Per 20 bed capacity For additional 10 staff or segment thereof 20. Hospital An establishment that: (a) offers services~'moi:~ !: intensive than those required for room, .board, personal services, and general nur~n'~:;;ca'{e,."~'ng:?? offers facilities and beds for ...uii'~;.~beyo:i~d"~_4. ho~rs by individuals requiring diagi!osis~treatm~nt~' or care for illness, injury,,,ciefOrmit~¢iafirmity, abnormality, diseas6;':"or, pregnancy, and (b) regularly makes available a't...lea~t clini6at:.laborato~, services, diagnostic x-ray servi~es,'and treatment facilities for surger~ or obstetrical care, or other definitive medical ~ea~tmeni'"-~'~similar extent. Per bed '~' .5 21. Warehouse A building used exclusively for the storage of goods and materials. dbt075/040.51 12 Per 10,000 square foot gross floor area or part thereof 22. Industrial & manufacturing plant 23. A use engaged in the basic processing and manufacturing of materials or products predominately from extracted or raw materials, including citrus, or a use engaged in storage of, or manufacturing processes using flammable or explosive materials, or storage of manufacturing processes that potentially inv..Ot, ve hazardous or commonly recognized offen~'iv6~v,o~hditions or a use engaged in the manufacture, from previously prepared materia~:~j~i~f, fh'di?~l-~"""-'?'''~''' products or parts, including Pi~.¢essi~ig~ ~f'a.~rication, assembly, treatment, paclm~ng;m}a~dental~torage, sales and distribution of,S~at~ii. ro~l~';'~'¢ut excluding Without use of~W~te~:f6i,:~processing per 3,000~.s~l:~.ft. gross area~6r for 5 employees, Industriaf~& manufacturing plant using water for processing and/or has discharge to wastewater system shall be determined on an individual basis using 250 gallons per day on a monthly basis for the calculation of units. dbt075/040.51 13 24. Barber shop-hair dresser 1 to 3 sinks Each additional sink 1 25. Separate bathroom facilities 26. 27. Bathroom facilities, including toilets and showers, constructed primarily to serve another structure or structures or activity not otherwise served. ERUs will be assigned as if the bathroom facilities were a part of the structui~e~,:t~i~,_ activity served, ~.' !i~ %- .:'%. Establishments requiring servic'e~ fo~ -ii:r/g~,ion or fire service will be handled. On 'an~individdal? basis using 250 gallons perk"daY, on ':&,,mon'ihly basis for the calculation oLUiiits.., Inany 'case, where use exceeds 250 gallons per day fin a monthly basis, units will be increased or flow wilI"berestricted at the discretion of the~,Departmeiit. In the event'j:that a business is described in the' schedule b~,,~general classification but the par- ticular nature of said business or structure would result in an inequitable connection charge if the schedule were used, the Department in its discretion may determine that a higher or lower number of units shall be used. dbt075/040.51 ' 14 SECTION 8 RATES AND CHARGES A. Billing Charge. A charge will be applied to each bill issued by the Department for billing services. B. Base Facilities Charge Where Lines Are Available. This charge shall apply to every connected equivalent residential unit and to each equivalent residential unit reserved for future use in a development. This charge will apply until the facility is permanently disconnected from the system. For developments that have entered into an agreement with the County for reserving capacity, the fee shall commence upon certification by the Department that County transmission, collection, and distribution lines are ready for use. For tempom~ disconnections, customers will pay the base facilities charge for each month th¢':~a~]l~]~.~isconnected at the time of reconnection. ~' '~'~' ~%' C. Base Facilities Char~:i:~,'~~i is Reserved but Lines are Not Available. The County may cho~'ga~ss:~hah~he standard fee until lines are ready for use. ."( ~.''. '"~' ~ .~' .? D. Volume Chai~ge2~i~.A C~hm, ge will be imposed that is directly related to the volume of~?er,.e~n_aum~d or sewage treated. The volume charge shall be increased 20 percent'Wi..'tB~ut fu/~h~r'action of the County Commission in the event that the Water Managernen{'~oi}trict declares' a water use emergency in Indian River E'?%'"-'"-'-'Exc~'""'Volume Sure. barge. A charge will be made for prov/ding service to any custo'h~er' in excess of the level of capacity purchased by the customer as represented bY'the number of ERUs assigned to the customer and for which the customer purchased capacity through impact fees and pays a base facilities charge. Such excess volume use may be prohibited by the department if additional necessary capacity is not available. F. Excess Sewage Strength Charge. All sewage discharged into the sanitary sewer system which has an average concentration of biochemical oxygen demand (BOD5) of 250 milligrams per liter (rog/l) or greater or an average dbt075/040.51 15 concentration of suspended solids of 250 mg/l or greater shall be subject to an excessive strength charge. The amount of the excessive strength charge shall be equal to the customer's standard base facilities and volume charges multiplied by the greater of either of two factors: the amount of the customer's average concentration of BOD5 in mg/l dMded by 250, minus 1; or the amount of the customer's average concentration of suspended solids in mg/l divided by 250, minus 1. Any customer may sample its sewage and have it analyzed by an analytical 'laboratory approved by the Florida Department of Environmental Regulation. The Department may sample and conduct analysis of the sewage produced by any customer to determine sewage strength. Where such analysis demonstrates that the customer's sewage strength exceeds the standards given above, the customer will~be subject to the Excessive Sewage Strength Charge and shall reimburse the::D~a~ent for the cost of such analysis, ili ?'"' G. Excess Capital Cost ~Charg~.%~..ofihty may impose a charge where a water and/or sewer system.:ig:'~ac..quire~ 'by.... the.. County at a cost in excess of that for which impact fees have b'e~n H. Deposits Re'~luii:ed u'~n~Opening, Transferring, Reconnecting; Refund Policy. The Cou.n.~:~all:~e~uire a deposit for each water and sewer account opened, transferred to an~the.:~- narfi'~'~;~0r reconnected to the system based on the number of ERUs. The.dep~si'~Will be retained in an interest bearing account, the interest on WhiCh will be paid :tO the customer upon refund of the deposit. Upon discontinuance'~bf. ~'~-rvic~'~i~d rendering of final bill, the deposit shall be refunded, less any amount r.e.i~gining unpaid, in the event any customer service is shut off for non-payment, priSf:'to reconnection the customer will pay the accrued' base facilities charge plus, if at the discretion of the Department it is necessary to insure payment, a deposit equal to twice the customer's average monthly bill in lieu of following the schedule set forth hereafter. Customers who have not been assessed late payment fees or been shut off for non-payment for a period of 24 months shall receive a refund of their deposit; except that deposits of customers who are tenants or who dbt075/040.51 16 otherwise rent or lease the structure served by water or sewer utilities will be retained until service is discontinued. ' I. Specific Service Charges (1) Water Service Connection: A water service connection charge will be imposed when County constructs a water lateral from customer's property to watermain in adjacent street. (2) Sewer Service Connection: A sewer service connection charge will be imposed when County constructs a sewer lateral from customer's property to main in street. (3) Sewer Service Disconnection: A charge will be imposed when the County disconnects sewer service for non-paymen.t.:. The County will chai'ge the customer for all direct labor, direct materials, dir~e~':"ia.v.,.~hgad, fringe benefit factor, and for the County's indirect costs pursuant toga ~formul~ablished by the Department. (4) Meter !.n. stallat, i,6hs. Onty..~.=.~-:,~harge, not including the cost of the meter vault, will be imposed whm~i~.an L-xlatmg~,a~mlable usable service lateral is presently installed. J.. Miscellane6us.SeiMce Charges (1) R%onfiection-~Inring normal working hours (8:30 AM - 4:00 PM Monday through Friday exciuc~ing holidays):' This charge is made upon initial service... connection, {:hange from tempOrary to permanent service, reconnection after delinquency sh~t~0'ff,., or'fo~:~'iransfer of service from one location to another, where there was an exist, ing~account. (2)TM Reconnection during off-d.u..t.y hours: A charge shall be made for service reconnection during other than normal working hours specified in Section 8.J.(1). (3) Meter re-reads and leak inspection: This charge is for special inspection at request of customers. If the re-read is a result of an error of the initial meter reading, this charge will not be assessed to the customer. The leak inspection charge will be assessed except where leak occurred in County-owned facilities. dbt075/040.51 17 (4) Delincluency charge: County shall charge an additional $1.50 plus one and one-half percent (1-1/2 %) interest monthly on all outstanding balances including assessments, fees, charges, and other fees due if payment is not made in total by each payment deadline date. (5) General service calls: In all instances where County is requested to respond to a service call to correct a problem that was not caused by the County, the County may charge the responsible party for all direct labor, direct materials, direct overhead, fringe benefit factor and the County's indirect cost rate pursuant to a formula established by the Department. (6) Meter test: Upon request of a customer, the Department shall test a water meter to determine if the meter is operating within established standards, (95 to 101.5 percent of true). If the meter has be~n'~e.s~ed within the last five years, there shall be a non-refundable service charge i~ the met~. i~found to be operating accurately. If the meter is in error, i.e., oii'i'~de i'h~¥at,g6~.'.'o{95 to 101.5 percent of true, then a billing adjustment will be,~made~,:fc~r ~:~pcri0d not to exceed the past six months of actual service. There'~i~h~iH~b~"no.:.~hai:ge for testing in the event the water meter has not been tested.within th~4a~t:~'~ive years. The service charge may be .. applied against monies du6'":~in..th~.ev~nt a meter, after testing, is found to be inaccurate with respect to~.tlie rang~eatablished above. (7) Damage,xepair: All damage caused by the failure of a contractor or-~cUstomer t~ g!'°perly locate and isolate water and sewer facilities shall be repaired by the 'Coun~'~nd charged to the responsible party under the provisions of paragraph" F', or~in.::the alternative, County may hire a contractor to perform the repair work and charge the responsible party for the repairs. In addition, the responsible party shall be fined for each such instance in accordance with provisions of this ordinance. (8) Line location--same as general service calls. (9) Engineering services: These fees will be assessed to defray the cost of processing a developer's application for subdivision construction, site plan, reviewing the plans and inspecting the water and sewer facilities as constructed. dbt075/040.51 18 (10) ..I.n. spection fee: County shall charge on the basis of a fiat fee established by the County or time, materials and overhead, whichever is greater. (11) Other miscellaneous char~es: The County may impose other charges as necessary and appropriate to recover the costs of providing utility services. K. Additional costs for complex connections The specific service charges adopted by the County are based on the average historical costs of such services. If in the event'a particular service required by a customer is determined by the Department to have a cost which greatly exceeds the average, then such cost of service shall be negotiated between the Department and the customer and reduced to a written instrument approved by the customer and the Department. L Annual fire protection These charges are established to ~efray thd~:¢0~, of providing extra capacity in the water system and maintai~ifl...i~a~i~ii'n~'"'~Protection facilities for customers having sprin er etc., and they are designed to recover a portion of the avallab~h~os~l~ c.u,.st...c~mer cost. In addition, this cost covers the additional capac!~_.~..nd~,~ns~'~ssoCiated with line size and hydrants in (1) H),di'ariis,%Th~':~f~re~'district.. -- wherein the water system and hydrants are located shall' b~as~sed the charge per hydrant annually. If hydrant is (~i%~i~Fire'"~;ems. ~ach facility with a fire protection system shall be charged annually. ,.? .,? .... IMPACT FEES A. Impact fee imposed. An impact fee shall be imposed on each equivalent residential unit responsible for creating the need for additional system expansion based on the equitable portion of the cost of funding the extension of the County's sewer and water systems. The obligation to pay the impact fee shall occur dbt075/040.51 19 at the earliest of the following dates: when the capacity is reserved, when a water or sewer permit is granted, or when a building permit is issued. B. Cha...nge in land use. If a building permit is issued for an.existing customer which results in a change in equivalent residential unit designation, the total number of ERUs for the old and new parts of the facility will be computed according to the definition of ERUs and impact fees shall be assessed on the difference. C. Use of proceeds. The proceeds accumulated by reason of the establishment of the impact fees may be used only for capital expenditures for the expansion of the County's water system or wastewater system. The funds may be used for extending, oversizing, separating or constructing new additions to the treatment plant or distribution and/or collection an&interceptor facilities so as to meet the increased demand which additional con'ne~ti°hs:.to the system create. D. Time pa,vment of ~mpact fe~ upon .~ho~ng of hardship. The County may allow payment of the water::~:dgo~ae~r.~ifip~'ct fees in whole or in part over a period not to exceed 5 year~'~'t~.~su~h':'irtt~r, est rate to be determined by the Board. A lien for any such amoUn~t da~s[i'al! b~ ..e':~ecuted in recordable form reflecting the payment schedule,:'~ff;filed~,i~h'~ public records of Indian River County, Florida. Upon.:alI-pa~m~n~s tieing made in full, the lien shall be released of record. % 'g,~ '"':~_.:' E. Refund,:of impact fees. 'Any customer whose monthly water use..- or sewage fld~'~remain~"below:~he amount corresponding to the number of ERUs assigned to suc'h~.c'~iston-/~'r~'or a period of 24 months and for which impact fees have been paid, may mfike,~applieation to the Department to reduce the number of ERUs assigned and se~-~-orresponding reimbursement of impact fees paid. 'In no case will less than one equivalent residential unit be assigned. The County may refund impact fees actually paid based on the impact fee schedule in effect at the time of original payment, provided the Department has obtained new commitment for such ERUs for which impact fees will be due. Subsequent water use or sewage flow in excess of flows corresponding to customer's number of assigned ERUs will be subject to the excess volume surcharge stipulated in Section 7. dbt075/040.51 20 SECTION 10 EXTENSION OF WATER AND SEWER SERVICES WITHIN DEVELOPMENTS Each developer shall be responsible for the design, installation, inspection and testing of the complete water distribution and sewage collection systems located in the street or streets adjoining or within the boundaries of the developer's property. The developer with title to such facilities shall transfer title to the facilities to the County upon completion of construction, inspection, and testing. Water distribution and sewage collection systems shall include all component parts of water distribution system including valves, fittings, laterals, hydrants and all appurtenances as shown upon the approved design of such Water distribution system and all the components of t..he:is6~a~e,?llection system, including all collection lines, manholes, force mains, lift ~r ~pumpifig:S~tions, including the site for same, and all other appurtenances ~fib~%he.~fipO'roved design for installation of such sewage collecti0F:~_stemS~.'Ithe developer shall supply the County with two sets of as-built plans. ~i' '~. ':~:~ ~ .?.f'"" SECTION 11~ ._--.~ '!iq~ '-'"~" ' EXTENSION,QF~;"W.A. TER DISTRIBUTION AND SEWER SERVICES~TQ DEVELOPMENTS The locafiOn(size:o...r proposed.densities of a developer's property may .., make the feai'~fl..ity of ~'i'ility/~e'~ce to the property dependent upon the developer's extension of waier?distrilS6~tlbn and sewage collection facilities, including mains, water- transmission lines;fle:..Wage collection lines, sewage force mains and/or pumping stations from the-'-d~veloper's property to facilities of the County adeqUate in size to convey flows between the developer's property and County's facilities. It is the County's policy to expand its water and sewer system in an orderly, economical manner, and in those cases in which the County would not normally be expanding its system to serve a developer's project at that time and such an extension requires an expenditure by the County for transmission facilities for which the County incurs extraordinary costs, then such developer shall be required to construct or pay the cost dbt075/040.51 21 of the facilities associated with serving his project, In this event, the County shall negotiate an agreement with the developer requesting service setting forth the developer's responsibility for 'off-site facilities and the County's responsibility for requiring such facilities to be oversized to meet future demands. In addition to and in lieu of direct funding of conveyance facility construction by the developer, the County may require a refundable advance by the developer to further temporarily defray the cost of any extension of water and/or sewer mains and pumping stations necessary to connect the developer's property with the then terminus of the County's water and sewer facilities. This provision recognizes instances in which a developer may be required to advance funds to construct facilities sized in accordance with the County's Master Plan. All amounts expended by tt~.~-".-'~veloper pursuant to such an agreement-over and above the developer's hydraUi'ic'~h~:i~c ~or facilities shall be ~i: '~i,..~:. ':~ii~:, refunded to developer in accordance with the terr0., s and':~'~litions of a refunding agreement which the County will execute ~i:ih~.t~e~. ~.v~td'~e~ County may assume a portion of the cost of such projects Fh~ i..t.:X~,.it tb be in the best interest of the County utility system. The refunff:~gr~eme~t sh~l]~rovide for a plan of refund based upon the connection of other pro~eriies, ~b~the:'extent of their hydraulic share, which properties will be served~,~:':t:he?a~:il~ti~s installed by the developer. In the event that more than one develop~h'~:.~lvaid"~:~refUndable advance or has directly funded con- struction of conveyance facilitie.~:~used by another developer from whom impact fees are collected;~tti¢~ developer~haVing first funded facilities shall have first right of cost recovery until h~s:~mvestment less the cost of his own reserved share of such capacity is recovered. Notwithstanding the provisions of this section, the County will limit the life of such refund~greement to a term of not more than five years, after which time any portion of the refund not made to the developer by the terms and conditions of the refund agreement will have lapsed and thereafter such refund agreement shall be canceled. The developer shall not be entitled to any interest upon the refund of the developer's advance. dbt075/040.51 22 SECTION 12 EXISTING AGREEMENTS County recognizes that certain developer agreements have been executed by the County and developers in the past. Nothing in this ordinance shall be construed to abrogate, obviate or avoid the respective parties obligations in those agreements. SECTION 13 UNLAWFUL CONNECTION No person shall be allowed to connect into any water line or sewer line owned by the County or use water or sewer services without the written consent of the County. Connections shall be made only unde~....~., e direction and supervision of the Department. Any person who makes or ree~iv~S,,.a"~ benefit from any connection or use water or sewer service without suc.h., con.....s~t of t~.~ ~unty.. shall be subject to the penalties hereinafter provided, and ~l?h~ '~ed;3~'"pay the County for the use of utility services at a rate three times~.:.t~e:,fi0t~a!.., customer charge, base facilities charge, volume charge, excess vOlti~¢~::s~rg?r..g!v.~ind excess sewage strength charge. '~!!. :i: ':' ~:::" .:.":' The Department will estim....~te.;ttf'e.~air~oufi~:of.-:riiility services unlawfully used. UNLAWFUL~CONSTRUCTION All construction ~hall adhere to latest revision of construction specification~'¥or wate{:~distfibfiiion and sewage collection facilities by Indian River County '~- ' ..... ' '~ SECTION 1~ CONNECTING EXISTING PLUMBING Whenever it is desirable or required to connect existing plumbing with the County sewer main and/or water line, the owner or plumber contemplating doing such work shall notify the Department, which will inspect the plumbing and notify the owner or plumber what alterations will be necessary to place the plumbing in an acceptable condition for such connection. Alterations shall be made within two months of notification. Any owner or plumber who shall make any connection dbt075/040.51 23 without the approval of the Department shall, be subject to the penalties hereinafter provided. SECTION 16 MAINTENANCE OF PLUMBING SYSTEM The owner of the property shall be responsible for maintaining the water and sewer pipes leading to and connecting from the plumbing system to the Count3, distribution lines and main sewers. This includes providing adequate access to the meter box. SECTION 17 PAYMENT OF FEES AND BILLS REQUIRED Bills for monthly charges and fees sho .u!.~ be submitted and shall be payable on the 20th day from the date of the billi.'...<'i'~:g~Y~...~onthly bill remains unpaid on the 21st day of the month for such service, a ~enalty~Sh~li. be imposed and added to the bill. If the monthly bill remains u~ic!, c~n~ihe~0~:~alendar day after the bill, the water service to the customer sh~ll..,be.~sUbj6~, to discontinuance until all past-due water bills are fully paid, together' ~vith~-.:re~nn~c~'ion fee. All other parts of this article will apply as presentl~ writter~k COLLECTION OF SEWER FEES Where sew~g~',di~posal fees are not paid in accordance with the provisions outlined ab°3~,.~ttle. County shall have a right to cut off the water supply or disconnect seW~r:.~c6~'ii~d the owner shall have no right to reconnect the water supply or sewer s~s~em' until the sewage disposal fees have been paid in full. Any violation of this iSYbvision by reconnecting the water supply or sewer service, until such sewage disposal fees are paid in full, shall be considered a violation of this ordinance, and subject to the penalties hereinafter provided. SECTION 19 FAILURE TO MAINTAIN PLUMBING SYSTEM Failure to keep the pipe leading from the plumbing system to the sewer main and the pipe leading from the water meter to the plumbing system clean and dbt075/040.51 24 maintained in a proper manner will give the County the right to cut off the water connection, which shall not be reconnected until the sewer and/or water pipe is cleaned, repaired, and maintained properly. Any violation of this provision by reconnecting the connection from the County water line, until such sewer pipes are cleaned, repaired, and maintained properly, shall be considered a violation of this ordinance and subject to the penalties hereinafter provided. SECTION 20 : NO SERVICE FREE No water or sewer service shall be furnished or rendered free of charge to any person. SECTION 21 SEPARATE c. 0.N..NE..CTi.0NS FOR.E~C~ SEPARATE UNIT Each building, whether occupying One or riioi~Jots and whether it shall occupy any lot or parcel jointly with any ~er i si' ea 't'ilb ilding, shall be billed separately for the payment for the wa~r fees~.,a~d the sewer fees, and separate connections and meters will be r~i{~a~fo~'"ea&.~.~ilding, unless the Department determines it is in the Coun..ty's,~b~.~t ~i~ter~sc.~xo'approve the use of a master meter. WATER/SE~R FEES~'CHARGEABLE TO PROPERTY OWNERS- - COUNTY MAY:BILL TEN,ANT :~:'Water and':'sew~r,:~ervices are chargeable to the property owner, who shall be the cu~to.n~er. .... :.Th~"County may bill the tenant or occupant of each premise - for the water and sewer charges at the request of the owner, express or implied, but this shall in no w~y~'elieve the owner of responsibility for payment. Any payment remaining unpaid for a period of 30 days shall constitute a lien in favor of the County against the property serviced and the County shall record said lien in the public records of Indian River County, Florida. County is authorized to discontinue service when payment is 30 days overdue and shall not reinstate service until full payment is received. dbt075/040.51 25 SECTION 23 WATER CHARGES ON NEW CONSTRUCTION ACCOUNTS On new construction accounts, water may be provided to the contractor subject to a deposit determined by the Department, refundable on cancellation and upon payment of the construction account for water used, base facilities charge and billing charge and provided further that this deposit shall be forfeited if the building is occupied prior to the cancellation and payment of the construction account for water used. SECTION 24 DISCONTINUANCE OF SERVICE FOR NON-PAYMENT, FEE FOR RESTORING SERVICES, PENALTY FOR TAMPERING WITH WATER METER. CHECKS W~,.-..H INSUFFICIENT FUNDS A. On the 30th day after a wat~,:'~r~:~e~ bill is rendered, if the bill remains unpaid, then the County may turn,,off the'~ater a~d.i~iscontinue service until the bill is paid in full. "- '-' ..... ' · .:."' B. If the water is turned.off~,~r~d'~aervice is discontinued under this action, an additional turn-on fee ~h~l b'~"~l~gea',~$d'r restoring service and a deposit shall be required as set forth~:her~ifi~. ~::. "~ C. se~c'~"'haajjbe~.~n~:~liscontinued, anyone tampering with the If water meter shall be guil~of~a misdemeanor as provided by law. D. If any. customer issues a ~heek to the County which is unpayable '~' due to insuf~eie...p~t~,~nds ot~,6th~6r reason, the Department may collect a charge from the customer and'¥e~uir~,,t'hat subsequent payments be made with cash. SECTION 25 PERMIT REQUIRED TO DRAW WATER FROM FIRE HYDRANTS A permit shall be required from the Department before water is drawn from any fire hydrant or other service outlet, except by the fire department in the regular discharge of its duties, and only after arrangements have been made for payment to the County for water so drawn at a just and reasonable rate. dbt075/040.51 26 SECTION 26 PROHIBITION AGAINST DAMAGING EQUIPMENT It shall be illegal and subject to the punishment provided herein for any person to maliciously, willfully break, damage, destroy, uncover, deface or tamper with any structure, appurtenance or equipment which is a part of the County water or sewerage systems. SECTION 27 REQUIRED INSTALLATION OF BACK FLOW PREVENTION DEVICES All customers requesting service from the County water system shall first be required to install back flow prevention devi~es for the protection of ithe County potable water system. Such devices will meet ig~cifications adopted by the SECTION 28 POWER AND AUTHORIT¥~,OF,.. I~SPE~ORS Duly authorized emp!Oyees_of'the~..COunty bearing proper credentials and identification shall be permit~ed~i~,to c~...I.'~p~n all properties for the purpose of .::=.. .:::,v :~:.:~. % .... inspection, observation, ~e~asurement?~sampling and testing in accordance with provisions of this ordir{~....~. DISCHARGE:bF?~VATER IN SANITARY SEWERS No "Person.~hail discharge or cause to be discharged any stormwater, surface water, gr0hndwater, roof runoff, subsurface drainage or unpolluted industrial processed waters~pt0 the County sewerage collection and treatment system. SECTION 30 PROHIBITING DISCHARGE OF SPECIFIED WASTE AND WATERS INTO THE COUNTY SEWERAGE SYSTEM No person shall discharge or cause to be discharged any of the following described waters or waste into the County sewerage system: A. Any liquid or vapor having a temperature higher than 150°F. dbt075/040.51 27 B. Any water or waste which may contain more than one ~,undred parts per million, or rog/l, of fat, oil, grease or wastewater required by ordinance to be treated with a pollutant interceptor or grease trap. C.. Any gasoline, benzene, naphtha, fuel oil, or other flammable or explosive liquid, solid or gas. D. Any garbage that has not been properly shredded. E. Any ashes, cinders, sand, mud, straw, shavings, metal, glass, rags, feathers, tar, plastics, wood, or any other solid or viscous substance capable of causing obstruction to the flow in sewers or other interference with the proper operation of the sewerage works. F. Any waters or wastes having a~.-"la?I lower than 6.2 or higher than 8.0, or having any other corrosive property capa~ie~bf. ~using damage or hazard to structures, equipment, and personnel of the sewerage G. Any waters or wast~.'~mat'~in]hg,,a,~i~'o~ or poisonous substance in sufficient quantity to injure or ~nt~'ffere.,wi~.h"~y sewage treatment process, constitute a hazard to humans o~ ~ini/'hals;ilo[ Cr~ai~ any hazard in the receiving waters of the sewage treatmenv'~laril. ~-::~ H. Any. ~oxi0tiS,:o~.~alodorous gas substance capable of creating a public nuisance. ~,...~ ;;i.:i'WATEff'§HOii 'XGE CONDITIONS Th~s'sectao~ ~hall be enforced from time to time by the Board of County CommissiOher~~' at any regular or specially called public meeting declaring that a water shortag~'e6ndition exists in the County and shall be enforced until such time as the County Commission at a regular or specially called meeting declares that the state of shortage no longer exists. A. Application of regulations. The provisions of this section shall apply to all persons using water in the County regardless of whether any person using water shall have a contract for water services within the County. dbt075/040.51 28 B. Certain uses prohibited. The use and withdrawal of water by any person between the hours to be designated by the-County Commission in its declaration that a state of water shortage exists for the following purposes is hereby prohibited: (1) Watering yards. The sprinkling, watering or irrigating of shrubbery, trees, lawns, grass, ground cover, plants, vines, gardens, vegetables, flowers, or any other vegetation. (2) Washing mobile equipment. The washing of automobiles, trucks, trailers, trailer-houses, or any other type of mobile equipment. (3) Cleaning outdoor surfaces. The washing of sidewalks, driveways, filling station aprons, porches, and other outdoor surfaces. (4) Swimming...pools. Swimmir~g'~?~'."~zling... .... pools not employing a filter and recirculating system, il ~ '~:" '~' (5) Escape throush defe~ti(~.plhmbi~$r~%The escape of water through defective plumbing, which ..s.~91~,~.e. ai3._.~...h"~.~nowing permission for defective plumbing to remain out of repai~%~'"%'~-~' (;" ?~' .:....? G. Exception,,,tO ,m,ain,taifi':,,sanitation and to provide for hardship cases. The Director of .th~..j"tSxi.I.i~y:$ervices Department shall have the authority to ~ ~ii~:' ' .:~, "%~,~...~.. permit a reasonable use ot.~ater in'-'~any case necessary to maintain adequate health and sanitation standard.sc"' ~y .6ser of water'may apply for a temporary permit from the Department'for relief frOm'ihe provisions of this section provided a written request for autl~bri'~tion:~'~'"hse water shall indicate that a hardship exists, and the nature of the hard..s.i~ip:~r SECTION 32 WELLS AND LAWN SPRINKLER SYSTEMS A. No cross connecXions between the County's water supply system and any other water supply system shall be allowed. B. All sprinkler systems using the County's water system as a source shall have a check valve so installed as to prevent back drainage from the sprinkler system into the County water system. dbt075/040.51 29 C. Ail residential and commercial sprinkler systems shall be inspected and approved by the County Building Department before initial operation. D. Ail potable water wells shall be inspected by the County Health Department upon payment of such fees as established by the board of County Com- missioners. Wells shall be installed in accordance with the Florida Safe Water Drinking Act and shall meet the standards outlined in the appropriate Florida Department of Environmental Regulation, Florida Dephrtment of Health and Rehabilitative Services, or St. John's River Water Management District regulations. SECTION 33 PENALTIES AND ENFORCEMENT A. Penalties. Any person who shaii;.-~iolate or fail to comply, with any of the 'provisions of this article shall, upon cofiVi~io~;,;.be punished by a fine not ii ..... ~,"~:, '%:;. to exceed five hundred dollars ($500.00) or six manths iti~i1.~-'0r both. The Board of may enforce the pro~si0~s.'~f..~.~?:i;a~icle~:'~.,,,,~. -;, - by seeking injunctive County Commissioners relief or any other remedies provid.e...~:~b.y...:~.!~.w'~:~.~?%.~ B. Enforcemen~?~. (1) In addition t0;~a~ ot~e~en~'orcement procedures provided by law, the County Code Enf'~i~em~n~..~ff/cer shall be authorized to enforce this :~ii.' i:::~. (2) Disc°ntinu~nee of service and penalty fees. The County shall have the auth0".~ty~.to en~°rce:'th~ provisions of this section by the discontinuance of '~:~, -.-~:, ~;!_. .~. water service in~th~~' even'i': ~'i~ violation hereof. Ail water used in violation of a declaration of watei:~sh°rtage shall be billed at three times the regular rate. SECTION 34 REPEAL OF CONFLICTING PROVISIONS Ail previous ordinances, resolutions, or motions of the Board of County Commissioners of the County, Florida, which conflict with the provisions of this ordinance are hereby repealed to the extent of such conflict. All special acts of the legislature applying only to the unincorporated portion of Indian River County and which conflict with the provisions for this ordinance are hereby repealed to the extent dbt075/040.51 30 of such conflict. Specifically, Section 24-31 through and including Section 24-67 of the Code of Laws and Ordinances of the County including ordinances 84-18 are hereby repealed in their entirety and Sections 1 through 37 of this ordinance shall be inserted in its place in accordance with Section 35 hereof. SECTION 35 INCORPORATION IN CODE The provisions of this ordinance shall-be incorporated into the County Code and the word "ordinance'i.maY_ be changed to "section", "article', or other appropriate word, and the sections of this ordinance may be renumbered or relettered to accomplish such intentions. SECTION 36 If any section, part of a sentence,, ~aragra~h,'iPhrase or word of this ordinance is for any reason held to be un¢C~nstifuti'~ inoperative or void, such holdings shall not affect the remai.n..i~g.,p....o?iom':"-~h0reof and it shall be construed to have been the legislative intent ~9~;Pa.,/~ 0[di.¢hnce without such unconstitutional, invalid or inoperative par[~. ........ The proviSiofi~...~f,:this ordinance shall become effective upon receipt~ from the Florida Secreta.rY0f State of official acknowledgment that this ordinance has been filed wit~'~h;:':-DeP-iii2i~ent of State, or March 1, 1991, whichever is the later Ap]~roved and adopted by the Board of County Commissioners of Indian River County, Florida, on this __ day of __, 1991. dbt075/040.51 31 BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY By Carolyn K. Eggert Chairman Acknowledgment by the Department of State 'of the State of Florida this ,19 day of Effective Date: Acknowledgement from the Department of State received on this __ day of ,19 ...... , at AM/PM and filed in the Office of the Clerk of the Board of County Commissioners of Indian River County, Florida. APPROVED AS TO FORM AND LEGAL SUFFICIENCY .... Dy ~ ~ '~ ~ ':~:. " CHARLES VITUNAC, County AttorneY, s. ';ilt dbt075/040.51 32 SCHEDULE OF WATER AND SEWER RATES, FEES, AND CHARGES 1991, 1992, AND 1993 1991 1992 1993 Water Billing Charge - Per Account Base Facilities Charge Where Lines Are Available - Per ERU Base Facilities Charge Where Capacity is Reserved But Lines Are Not A~ailable - Per ERU Volume Cl~arge 0 to 3,0(~0 Gallons Per Month Per ERU Except Irrigation Only - Per 1,000 Gallons Per Month 3,001 to 7,0go Gallons Per Month Per ERU and Irrigation Only 0 - 7°000 Gallons Per Month - Per 1,000 Gallons Ova' 7,000 Gallons Per Month Per ERU - Per 1,000 Gallons Excess Volume Surcharge For Use Greater than 13,000 Gallons Per Month Per ERU - Per 1,0go Gallons Billing Charge - Per Account Base Facilities Charge Where Lines Are AvallaDle - Per ERU Base Facilities Charge Where Capacity is Reserved But Lines Are Not AvallaDle - Per ERU Volume Charge - Calculated as 85 Percent of Water Use - Per 1 ,go0 Gallons - 10,000 $2"OO $2.68 $1.60 $2.00. $2.40 $1.95 $2.00 $7.60 $3.80 S2.00 $7.85 $3.93 $1.60 $2"OO $2.40 $2.10 $2.00 $13.00 $6.50 S2.00 $8.35 $4.18 $1.60 $2.OO $2.4O $2.30 $2.OO $13.50 $6.75 dbt0751047.wk1 SCHEDULE OF WATER AND SEWER RATES, FEES, AND CHARGES 1991, 1992, AND 1993 1991 1992 1993 Iml:~Ct Fees for 1994 and 8~equetlt years will be increased in prolx~tlon to the Engineering Ne~ Record cor~truction cost index a~opllcable to Indian River County Del:X~ts Required Upon Opening, Trar~emng, or Reconnecting Service Res~entlaJ anti Commercial - Pm' ERU' $50.00 ~50.00 Hydrat~t Meter $345.00 $345.00 InlereSt Rate PaJ~l on DeOosits 0.5 % Per Month 0.5 % Per Month Charge for Returned Check $12.00 $12-00 Iss~Jance of Duplicate Bill $1.50. $1.50 Sewer Ta,o Cost Plus Overhead Cost Plus Overhead Meter Replacement 5/8 Inch $100.00 $100.00 1 InCh $125.00 S125.00 1 112 Inch $300.00 ~00.00 2 Inch and larger Cost Plus Overhead Cost Plus Overhead Meter Removal 5/8 Inch $30.00 $30.00 i Inch ~30.00 $30.00 1 1/2 Inch amd Larger $40.00 $40.00 $50.00 $345.00 0.5 % Per Month $12.00 $1.50 Cost Plus Overhead Cost Plus Overl~ead $40.00 dbt075/047.wkl SCHEDULE OF WATER AND SEWER RATES, FEES, AND CHARGES 1991, 1992, AND 1993 1991 1992 1993 Water Service Connection 5/8 Inch Me(er I Inch Meter 1 1/2 Inch Meter Larger than 1 1/2 :ncn Meter Sewer SewIce Connection FIMk:lentlal Commen=lal and Other Paved Road Cuts Road Jacking and Boring Grass Restoration Unauthorizecl Use of Fire Hyclranrs Other and Extraoratnary Me(er Inatallatton 5/8 Inch Meter 1 Inch Me(er 1 1/2 Inch Me(er 2 Inch Meter 3 Inch Me(er and Larger Fire Hyclrant Meter Water ~ewIGe Reconnactlon During Working Hours Alter Wort;lng HourS $400.00 $400.00 $400.00 $460.0O $460.00 $460.00 $810.00 $810.00 $810.00 $500.00 Cost Plus Overr~ead Cost Plus Overhead $200 Minimum Cost Plus Overhead Cost Plus Overhead $115.00. Cost Plus Overhead $130.00 $200.00 Cost Plus overheacl $25.00 $18.00 $25.00 $500.00 Cost Plus overhead Cost Plus Overhead $200 Minimum Cost Plus Overheacl Cost Plus Overl~ead $115.00 Cost Plus overhead $130.00 $2O0.00 $500.00 $630.00 Cost Plus overhead $2,5.00 $18.00 $25.00 $500.00 COSt Plus Overhead Cost Plus Overl~ead $200 Minimum Cost Plus Overhead Cost Plus Overhead $115.00 Cost Plus Overhead $130.00 $200.00 $500.00 $830.00 Cost Plus Overhead $25.00 $18.00 $25.00 dbtO75/O47.w~l SCHEDULE OF WATER AND SEWER RATES, FEES, AND CHARGES 1991, 1992, AND 1993 1991 1992 1993 Meter Rereads and Lea~ Inspection Delinquency Charge General Service Calls Meter Test 5/8 Inch Meter 1 Inch Meter 1 1/2 Inch Meter or larger Damage Repair Une Location Engineering Services Site Plan Review - Under 40 Units and Without Lilt Station Site Plan Review - Over 40 Units or With Ult Station Inspection Fee Water Per Connection Sewer Per Connection Hydrant Flow Test Fire Protection Charge - Per Year FRANCHISE CHARGES Application Fee $15.00 $2.00 Plus 1.5% Per Mo. Month Cost Plus Overnead $20.00 $20.00 Cost Plus Overhead $100 Plus Cost Plus Overnead Cost Plus Overhead Cost Plus overnead $50 Minimum Cost Plus overhead $150 Minimum $25.00 $25.00 $60.00 $170.00 Cost Plus Overhead $50.00 Minimum $15.00 $15.00 $2,00 Plus 1.5% Per Mo. $2.00 Plus 1.5% Per M MOnth Month Cost Plus Overhead Cost Plus Overhead $20.00 $20.0O Cost Plus Overhead $100 Plus Cost Plus Overhead Cost Plus Overhead $20.00 $20.00 Cost Plus Overhead $100 Plus Cost Plus Overhead Cost Plus Overheacl Cost Plus Overhead $50 Minimum Cost Plus Overhead $150 Minimum Cost Plus Overhead $50 Minimum Cost Plus Overhead $150 Minimum $25.00 $25.00 $60.00 $170.00 $170.00 Cost Plus Overhead $50.00 Minimum Cost Plus Overhead $50.00 Minimum dbt075/047.wk1 SCHEDULE OF WATER AND SEWER RATES, FEES, AND CHARGES 1991, 1992, AND 1993 1991 199_9 Cost Plus Overnead Franchise Franchise Name Change Franchise Territory Change Cost Plus Overfleacl $1,100 Minimum Cost Plus Overhead $115.00 Minimum Cost Plus Overhead $115.00 Minimum Change of Ownership 49. ERUs o~ Fewer 50 F. RUe or More Cost Plus Overhead $115.00 Minimum Cost Plus Overhead $300.00 Minimum $1,100 Minimum Cost Plus Overhead $115.00 Minimum Cost Plus Overhead $115.00 Minimum Cost Plus Overhead $115.00 Minimum Cost Plus Overhead $300.00 Minimum 1993 C_-,'~t__ Plus Over~_m~__d $1,100 Minimum Cost Plus Overhead $115.00 Minimum Cost Plus overhead $115.00 Minimum Cost Plus Overhead $115.00 Minimum Cost Plus overhead $300.00 Minimum Rate Hearing 49 ERUS Or Fewer 50 ERUs or More Public Hearing Cost Plus OverheaCl $300.00 Minimum Cost Plus overhead $575.00 Minimum Cost Plus Overhead $115.00 Minimum Cost Plus Overhead $300.00 Minimum Cost Plus Overhead $575.00 Minimum Cost Plus overhead $115.00 Minimum Cost Plus Overheaa $300.00 Minimum Cost Plus Overhead $575.00 Minimum Cost Plus overhead $115.00 Minimum dbtO751047.wl<1 City of Sebastian POST OFFICE BOX 780127 n SEBASTIAN, FLORIDA 32978 TELEPHONE (407) 589-5330 [] FAX (407) 589-5570 SUBJECT: Cemtery Rates Approved For Submittal City Manager ~ Agenda No. Dept, of Origin: Councilman Lonnie Powell Date Submitted: 02/20/91 For Agenda Of: 02Z.~7/91 Exhibits: ~ Napier Memo Dated, 02/21/91 - Napier Memo Dated, 02/04/91 EXPENDITURE AMOUNT APPROPRIATION REQUIRED: BUDGETED: REQUIRED: SUMMARY ~TATEMENT Councilman Lonnie Powell has asked for an agenda item to discuss the rates charged at the Sebastian Municipal Cemetery. To facilitate the discussion, I have copied a memo from Assistant Finance Director, Larry Napier regarding Cemetery rates and charges. '~ RECOMMENDED ACTION Review rates and charges of the Sebastian Municipal Cemetery. City of Sebastian POST OFFICE BOX 780127 [] SEBASTIAN, FLORIDA 32978 TELEPHONE (407) 589-5330 [] FAX (407) 589-5570 DATE: TO: THROUGH: FROM: RE: February 21, 1991 Mayor and City Council, City of S~fJ~stian Robert S. McClary, City Manager~/~ ~~ Larry W. Napier, Assistant Finance Director Lot Sales for the Sebastian Municipal Cemetery The following is a break-down of the cemetery lots sold for Fiscal '90 (Oct. 1, '89 to Sept. 30, '90) and the four (4) months in Fiscal '91 (Oct. 1, '90 to Jan. 31, '91). Of the 90 lots sold in Fiscal '90 there were 47 sold to city residents, 27 to county residents and 16 to out of county residents, and the 2 cremain lots sold were 1 to a city res- ident and 1 to an out of county resident. For the four months in Fiscal '91 there have been 36 lots sold of which 21 were to city residents, 4 to county residents and 11 out of county residents and 2 cremain lots both sold to city residents. MEMORANDUM Date: To: Through: From: Re: February 4, 1991 Mayor and City Council, City of Sebastian Robert S. McClary, City Manager Y~ W. Napier. Assistant Finance Directorf~~, Larry Additional Information for Cemetery Operations The Sebastian Municipal Cemetery contains approximately 9.3 acres located to the east of U.S. Highway 1 and is maintained by two [2) full time city employees, a Cemetery Sexton and a Maintenance Worker I. In fiscal '90 the Cemetery was subsidized by the General Fund some $39,525., in fiscal '89 by some $41,072., and in fiscal '88 by some $43,725. Details. of this information are listed as follows: Fiscal ~90 Fiscal Fiscal '88 1/2 lot sales for G/F Interest tsf. to G/F Less operating costs Subsidy from G/F Lots sold Cremation lots sold $13,463. $9,238. $9,763. 6,038. 5.977, 19,501. 15,215. 15,290. (39,525.) (41,072.) (43,725.) 90 47 59 2 6 6 Please note the 1/2 of lot sales goes to Cemetery Trust Fund. The City of Vero Beach operates an 11 acre cemetery maintained by four (4) personnel. During 1990 the general fund contributed some $46,626. for operating costs, in 1989 some $63,000. and in 1988 some $60,000 was contributed. Vero Charges $432 for a City Resident and $540. for a County Resident per cemetery lot compared to Sebastian's charges of $200 per individual City Resident, $325 per legal County Resident and $400 per lot for all others. The City different personnel. The cost of resident and the operation fund. of Melbourne sites which operates a 17 acre cemetery on three are maintained by two (2) full time a cemetery lot is $400.for a city is funded entirely by the general