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Home My WebLink AboutO-78-06O~DINANCE NO. CHAPTER NO. o-77-¢ AN ORDINANCE ENTITLED "UTILITIES ORDINANCE," GIVING DEFINITIONS, PROCEDURES AND STANDARDS, AUTHORIZING THE ISSUANCE OF UTILITY PERMITS AND FRANChiSES; SETTING FINES FOR VIOLATION; AND ESTABLiSHiNG AN EFFECTIVE DATE BE IT 0RDAIiNED BY' THE CITY' COUNCIL OF THE CITY OF SEBASTIAN', FLORIDA: l- This ordinance shall be known as the "Utilities Ordinance of the City' of Sebastian." 2. The Ci.ty. of S~bastian, by and through its City Council, shall have jurisdi~ction over each utility within the city. limits w~th respect to ~ts. authority, service, and rates to be determined by. separate resolution of the City coUncil. 3, The regulat±on of utilities in the City of Sebastian is declared to be in the public interest and this ordinance is an exercise of the. police power of the. City for the protection of the public health, safety and welfare. 4. Definition: "Utility" means water or sewer utilities serving subdivilsions, apartment and h~using complexes, condominium, mobile home or trailer pa~ks, industrial complexes, shopping centers, and similar sty.stems.. "Utility" includes wells, pumps, tanks, treatment facilities, distr±bution systems, water meters, disposal facili~ties, force mains, pump stations, collection systems, service lines and pipes, real estate and easements necessary to such systems and includes every person, corporation, lessee, trustee, or receiver owning, operating, managing or controlling a utility-system or proposing construction of a system or who is providing or proposes to provide water or sewer service to the public. 5. The following are standards and procedures for the issuance of utility perml.ts in accordance wi.th this ordinance, the guide l~nes la±d down in Chapter 367, Laws of Florida, 1971, rules and regulatllons of the State of Florida, Department of Health and Rehabilitat±ve Services, Department of Environmental Regulation, and the Department o~ Pollution Control. a. The application for a utilities franchise shall state: [!}. Name and address of applicant; if applicant is a corporation, names~ of officers and resident agent and their addresses'; (D) Legal description of franchise area; Specify' whether it is for a public water system, a public sewerage Sys~e~, .o~ both.. I'f in connection with another or ex~stlng system, or an extension of an existing system, the planned utility' may' not exceed the capacity of the other system. (~4) State area served by utility. Any water distribution system must be. designed to provide fire fighting facilities' and hydrants as, necessary to meet requirements of the National Board of Fire Underwriters, Class 8. (~ Attach location map showing the layout of lots, location of all proposed treatment plants, and all rights of ways and easements required for utility purposes, and submit approval from the owners, of all necessary' rights of ways or easements other than the City of Sebastian. The location map must show" all adjacent land owners' within 300 feet of the franchise area, .and their mailing addresses. (~1 Attach. approval of planned utility by Department of Environmental Regulation, St. Johns River Water Management District and all other agencies having jurisdiction. (~ Submit financial statement or proof of available financing or resources, as may be required by-the City-Council. b. The appl~cation for a utilities franchise shall be f~led wi~h the City Clerk, and by her submitted to the City. Council for review~ c. The City~ Council shall be satisfied that the applicant is acting in. good ~a~th and has the means to build, install and operate the proposed system. The City Council may require the applicant to file certified copies of its corporate charter, including names' of persons having a financial interest in the proposed franchise, current financial statement, proof of liability insurance coverage, provide a credit check prepared by a certified credit bureau, inventory of capital assets' and such other data as may be perti.nent. If the City Council is satisfied that the applicant has s~ffi~±ent resources' to serve the district for which he has' made application, the Council may, also require the applicant to pos~ a reasonable bond satisfactory in form and sureties to the C~y Council to guarantee compliance with any con- ditions- imposed by, the City' Council. The City Council shall satisfy itself that the. proposed system is sufficiently large to serve the franchise area for which a utilities permit is sought. The issuance of any franchise shall further be subject to all conditions contained in Chapter 59-1380 Laws of Flori,da, and all other applicable city', state, federal rules and regulations', and approval by the Department of Environmental Regulation, St. Johns River Water Management District, and all other agencies. having jurisdict~on. d. When the above requirements are met, the City Council shall refer the matter to its City Engineer to certi, fy that all planned construction complies with the City specifica- tions and all other State and Federal regulations. -- 3 -- e. Upon certification by the City Engineer, a public hearing shall be held. Notice of such hearing shall be given by, the aPplicant and shall include tke name of the applicant, the legal descripti~on of the area to be embraced by the franchise, the proposed rate and hookup charges, the period for which the franchise is required and the time and place of such hearing, and shall be published in a newspaper regularly-published in the county wherein the City of Sebastian is located at least one time not less than fifteen days-preceding such hearing. Ail property owners lying within 300 feet of the franchise area shall be notified by the applicant and cert±fied proof of such. notice of hearing and notice to property owners shall be filed with the City Clerk by the applicant ten days, prior to the date set for the public hearing. Applicant shall deposit the sum of $100.00 with the City, Clerk to cover expenses, of advertising. f. upon public hearing and approval of the applica- ti. on by'. the city' Council, the f~anchise shall be granted in the form of a resolution of the City' Council, prepared by the applicant effective as of the. date of ~ts adoption, and shall continue in force and effect until such t~me as the City may install or acquire its own water distribution and treatment system and/or its own sewerage collection and treatment system, and supplies the same to individual customers, At this time the franchise holder shall convey unencumbered all of its facilities (except the water and sewer treatment plants themselves~, together with all ease- ments-, to the City-of S~bast~an, without charge, provided, how- ever, that w~th±n s~ty da~s from the date of the resolution grantilng the franchise, the f~anchise holder shall file. with the City its written acceptance of this franchise and all of its terms and condi.t~ons, and p~o¥ided further that if such. accept- ance is not filed w-i,th~n the, time specified, then the said franchise, shall be null and void. As. a further condition, the franchise holder shall agree, in writing to supply the City Engineer one accurate set of as-built drawings (ion sepia) for each utility. g. Upon approval of the franchise by the. City Council, the City' Building Official shall issue a utility permit for th~ actual construction of the utility. Construction shall be in compliance with all city' building ordinances and all rules and regulations of all other agencies having jurisdiction. The applicant shall conduct all te~ts on each. utility in accordance with city' specifications and view' all sanitary sewer lines by a television camera in the presence of the City Engineer or his representative. 6. Rates shall be determined by appropriate resolution of the City Council, and in the determination of rates a summary' report showing anticipated gross, revenues to be re- ceived by, the, franchise holder from the operation of the system, together withsuch other information as the City may require in support of same, shall be given to the City by the franchise holder. The books of operation of the franchise holder shall be open to the City and the City's representative for the purpose of seCuring information as the City may deem proper in establish- ing rates. 7, Upon completion of th~ utility, the applicant shall be ~esponsible for the operation and regular testing of the utility in accordance w~th the rules., and regulations of all agencies having jurisdiction, in particular the Department of Environmental Regulation for water s~stems, and the Florida Pollution Control for sewerage systems. 8. Annexation of existing water and sewerage systems must comply ~ith the requirements and provisions of this ordinance. 9.. Violations of th~s. ordinance shall constitute a violation of the City, Ordinances of the City of Sebastian, and upon conviction, shall be punishable by' a f~ne not tc exceed · $500.00 and imprisonment not to exceed six months, or both. 10. All ordinances, or parts of ordinances in conflict with this ordinance, or inconsistent with the provisions of this ordinance, are hereby repealed. 11. This ordinance shall become effective immediately upon its passage.. ATTEST: Flood, Jrt., 'Mayor HEREBY CERTIPY' that notice of tke public hearing of the foregoing Ordinance was, ~iven in accordance w~th Chapter 166.041 of the Flora.da Statutes, on~~3d~~7-' , 1978, in the Veto Beach Press Journal, a newspaper of general circula- tion in th~ City' of Sebastian, Florida; that said public hearing was' held in the City~ Hall of the City of Sebastian, Flord~a, at 7:00 o'clock P.M. on ~ ~'~ , 1978; that said Ordinance passed on f~rst reading on ~ ~ , 1978, and that said ordinance passed on second and final reading and was adopted b~. the City' Council of the City of Sebastian on , 19178. ' City, c'~erk