HomeMy WebLinkAboutO-83-17 ORDINANCE NO.
AN ORDINANCE OF THE CITY OF SEBASTIAN, FLORIDA,
ADOPTING A SERVICE AVAILABILITY/MAIN EXTENSION
POLICY AND A SCHEDULE OF FEES FOR PLANT
CAPACITY, LINE EXTENSION FOR WATER AND SEWER
CUSTOMERS OF GENERAL DEVELOPMENT UTILITIES,
INC.; PROVIDING AN EFFECTIVE DATE; REPEALING
CONFLICTING ORDINANCES.
WHEREAS, GENERAL DEVELOPMENT UTILITIES, INC.
pursuant to a properly filed and noticed application for
approval and adoption of its Service Availability/Main
Extension Policy, appeared at a public hearing before the
City Council of the City of Sebastian, Floridai and
WHEREAS, the City Council of the City of
Sebastian, Florida, hereinafter referred to as "Council",
received and reviewed documentary exhibits as filed on
behalf of General Development Utilities, Inc., hereinafter
referred to as "Petitioner", and had the opportunity to'
question Petitioner and, in addition, allowed for comment
from citizens of the City of Sebastian residing within the
franchise area; and
WHEREAS, it is found and determined that only
new customers of the system will be affected by the changes
to the Service Availability/Mai~ Extension policy; and
WHEREAS, 'the Council considered the effect
of the changes on future Customers; and
WHEREAS, the Council finds it in the public
interest to approve the proposed revised charges and to
adopt the policy regarding Service Availability/Main
Extension attached as Exhibit A hereto;
NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL
OF THE CITY OF SEBASTIAN, FLORIDA, as follows:
Section 1. The Service Availability/Main
Estension policy attached as Exhibit A hereto is hereby
approved and adopted.
Section 2. General Development Utilities, Inc.
shall be authorized to charge and collect fees and charges
as set forth herein and pursuant to said policy and not to
exceed the following schedule of rates which shall remain
effective until changed or modified as herein provided, to-wit:
WAT E R
Plant Capacity:
Line Extension:
$ .86 GPD
SYT-.-.-_~per foot
rt~-6-ffting on main
Meter Connection:
5/8" x 3/4" $100.00
1" $150.00
1-1/2" $250.00
2" $350.00
SEWER
Plant Capacity:
Line Extension:
$2.22 per GPD
$1-f7~8 per foot
Section 3. This Ordinance shall take effect upon
final passage.
Section 4. All ordinances or parts of ordinances in
conflict herewith are hereby repealed.
I HEREBY CERTIFY that the foregoing Ordinance was
finally passed by the .'City Council of the City of
Sebastian, Florida, on the/~day of ~~x~,
1983,
Mhyor,-Ci'ty of selYa~P~ian
ATTEST:
I HEREBY CERTIFY that Notice of Public Hearing of the
foregoing Ordinance was given in accordance with Section
166.041 of the Florida Statutes, that said public hearing
was held in the City ltall of the City of Sebastian,
Florida, at~.~i~~on, the~/~/d'ay, of~..~,1983,
and that the foregoing Ordinance was duly passed and
adopted by the City il f the City of Sebastian,
Florida, on the day of. ~ .,1983.
-2~
General Development Utilities, Inc.
Sebastian Highlands Division
Original Sheet No. 1.0
SERVICE AVAILABILITY AND MAiN EXTENSION POLICY
General Development Utilities, Inc.
1111 South Bayshore Drive
Miami, Florida 33131
Filed with
City Council
City of Sebastian, Florida
Gordon J. Pfersich
Senior Vice President
General Development Utilities, Inc.
Sebastian Highlands Division
Original Sheet No. 2.0
Rule No.
1.0
2.0
3.0
4.0
5.0
6.0
7.0
8.0
9.0
10.0
11.0
12.0
13.0
14.0
15.0
16.0
17.0
18.0
19.0
20.0
INDEX
General Policy .................. 3.0
Availability ................. 3.0
Main Extension and Connection (Plant
Capacity) Charges .................. 3.0
Gallons Per Day, Water and Sewer
Demand Characteristics .............. 4.0
Preparation of Developer Agreements ...... 4.0
Water and Sewer Capacity Allocations ........ 4.0
Water Service Only-Sewer Service Only ....... 5.0
Water Meter installation Fees .......... 5.0
Action by Governmental Authority ......... 5.0
Transfer of Contributed Property-Bills
of Sale .................... 6.0
Inspection Fees ................. 7.0
Inspection of Plumber's Hook-up ........... 7.0
Adjustment Provisions ............. 7.0
Prior Policy ................. 7.0
Extension Outside Territory .......... 8.0
Distribution and Collection Systems
Construction .................. 8.0
Inspections .................. 9.0
Refundable Advances ................. 9.0
Guaranteed Revenue Agreement ............. 9.0
Reserve Capacity Charge ............ 10.0
Exhibit "A" ..................... 11.0
Gordon J. Pfersich
Senior Vice President
General Development Utilities, Inc.
Sebastian Highlands Division
Original Sheet No. 3.0
1.0 GENERAL POLICY
General Development Utilities, Inc., a Florida Corporation, here-
inafter referred to as Utility, adopts the following Service
Availability and Main Extension Policy. Utility will make
service and extensions of service available under this Policy
subject to matters of economic feasibility. This Policy shall
not apply to developer agreements entered into between Utility
and contributors which reflect policies implemented and contracts
entered into prior to the adoption of this Policy.
2.0 AVAILABILITY
The provisions of the Policy are available to contributors through-
out the territory subject only to matters of economic feasibility.
For Rules governing service outside the territory, see Paragraph
15.0 of this Policy.
3.0 MAIN EXTENSION AND CONNECTION (PLANT CAPACITY) CHARGES
The following is the charge being made by Utility to contributors
(including the Parent Company) upon approval of the City Council
where water or sewer service is available, or agreed to be made
available, in the territory. "On-Site" or "Off-Site" water
distribution and sewage collection lines and facilities are
included in these charges and provisions.
Charges to contributors pursuant to this Policy are calculated on a
cost based upon the estimated demand of the contributor's proposed
installation upon the transmission and treatment facilities of the
Utility, and is computed by multiplying the following rates by the
daily rated gallons of demand set forth in Exhibit A, as modified by
Paragraph 6.0 of this Policy.
Connection (plant capacity) charges are stated per gallon demand for
water and sewer service.
Connection (Plant Capacity) Charge
Water: $0.86
Sewer: $2.22
Gordon J. Pfersich
Senior Vice President
General Development Utilities, Inc.
Sebastian Highlands Division
Original Sheet No. 4.0
Extension Charges are stated at the charge per foot measured along
front of the property to be served.
Main Extension Charge Water: $ 7.22
Sewer: $11.98
(Sewer charge includes cost of service laterals.)
Main extension charges for service to customers outside Utility's
certificated service area will be negotiated.
(a) Such customers may be required to advance the full cost of
on-site and off-site mains, subject to refund of portions thereof in
excess of the contributor's hydraulic share.
(b) In addition to payment of the above, connection (plant
capacity) charges will be required to support excess plant capacity
dedicated to the contributor.
4.0 GALLONS PER DAY, WATER & SEWER DEMAND CHARACTERISTICS
Listed in Exhibit A (attached hereto) are daily rated gallons of
demand for various occupancies which will be used in computing
Connection (plant capacity) and Main Extension Charges. In the
instance of common facilities for multiple dwelling units such as
irrigation, laundering, recreation facilities, and commercial, and
commercial/residential facilities, determination of connection
(plant capacity) and main extension charges will be based upon the
use characteristic defined by engineering data supplied by the
prospective contributor, as accepted by Utility.
5.0 PREPARATION OF DEVELOPER AGREEMENTS
Utility may require that the contributor, in addition to the fees
and charges set forth herein, bear the cost of preparation of devel-
oper agreement by independent counsel or persons qualified to draft
and prepare such agreements. Said charges shall not exceed that
amount normally to be contemplated for such service.
6.0 WATER AND SEWER CAPACITY ALLOCATIONS
Upon payment by the contributor and its proper execution of an
agreement for service availability pursuant to these rules, Utility
will reserve and will allocated to the contributor the portion of
water and sewer plant and off-site line capacity as set forth in the
agreement. If, for example, the contributor shall calculate demand
of 350 gallons of water per day per single-family residence, that
capacity will be built or reserved for the contributor. Utility
will not be obligated to provide capacity or service in excess of
Gordon J. Pfersich
Senior Vice President
General Development Utilities, Inc.
Sebastian Highlands Division
Original Sheet No. 5.0
that allocation and may require consumers to curtail use which
exceeds such allocated capacity.
In those areas where the experience of Utility has demonstrated that
the demand characteristics of customers of the community exceed
those daily rated gallons of demand set forth in Exhibit A, Utility
shall require that the contributor pay those fees and make the
necessary commitments based on the actual and experienced demand,
and not the average demand. Thus, when Utility shall demanstrate to
the developer that its records and experience show, for example,
that a single-family residence of the type which the contributor
proposed to build in the specific community places demand during
certain times of the year equal to 600 gallons of water per day,
then the charges per gallon demand set forth in Paragraph 3.0 of
this Pliey shall be multiplied by 600 gallons. In no event shall
Utility be required to build or accept plans, specifications, fees,
charges or agreements predicated upon demand for water service of
less than 350 gallons per single-family residential equivalent or
sewer service or less than 350 gallons per residential equivalent
per day.
7.0 WATER SERVICE ONLY-SEWER SERVICE ONLY
In any instance where either water or sewer service only is
furnished without the companion service, then the connection (plant
capacity) charge shall be computed for that service only.
8.0 WATER METER INSTALLATION FEES
Meter Size Charge Maximum Water Use Demand*
58--~-~--~4" $ 100.00 20 gallons per minute
1" 150.00 50 gallons per minute
1~" 250.00 100 gallons per minute
2" 350.00 160 gallons per minute
*Based on AWWA specifications for displacement type meters.
Utility will not be obligated to furnish water in excess of "Maximum
Water Use Demand." Recommended Maximum Rate for continuous opera-
tion will be 1/3 of the Maximum Rate listed.
Meters of two inches in size are charged upon the estimated actual
cost of installation. Where actual charges differ from estimates,
the difference will be refunded by Utility if the total cost was
less than the estimate, or paid by the contributor prior to
initiation of water service if the actual cost exceeds the estimated
cost. The contributor will be furnished a copy of the invoice at
the time of installation.
9.0 ACTION BY GOVERNMENTAL AUTHORITY
Requirements by appropriate governmental authorities to limit or
curtail utility services, such as irrigation moratoriums, may re-
Gordon J. Pfersich
Senior Vice President
General Development Utilities, Inc.
Sebastian Highlands Division
Original Sheet No. 6.0
strict the use of utility service in addition to the maximum water
use demand set forth in Paragraph 8.0 of this Policy. Contributors
and customers obtain reservation for service or the service itself
subject to notice of this limitation.
10.0 TRANSFER OF CONTRIBUTED PROPERTY-BILLS OF SALE
Utility reserves the right to construct all facilities for providing
water and sewer service to the point of connection. If Utility
determines that it will accept such facilities constructed by
others, the following rules will apply.
Each contributor (developer) who has constructed portions of a water
distribution and sewage collection system shall convey such compon-
ent parts of the water distribution and sewage collection system to
Utility by bill of sale, in form satisfactory to Utility's attorney,
together with such evidence as may be required by Utility that the
water and/or sewer systems proposed to be transferred to Utility are
free of all liens and encumbrances.
Any facilities in the category of consumer's connections of the cus-
tomer's side of the connection point shall not be transferred to
Utility and shall remain the property of individual customers, their
successors or assigns.
Utility shall not be required to accept title to any component part
of the water distribution or sewage collection system until
Utility's engineer has approved the construction of said lines,
accepted the tests to determine that such construction is in accor-
dance with the criteria established by Utility, and thereafter evi-
denced its acceptance of such lines for Utility's ownership, opera-
tion, and maintenance.
Contributor shall maintain accurate cost records establishing the
construction costs of all utility facilities constructed by con-
tributor. Such cost information shall be furnished to Utility
concurrently with the bill of sale, and such cost information shall
be a prerequisite for the acceptance by Utility of the portion of
the water distribution and sewage collection system constructed by
the contributor.
Utility reserves the right to refuse connection and to deny the
commencement of service to any contributor seeking to be connected
to portions of the water distribution and sewage collection system
until such time as the provisions of this section have been fully
met.
With respect to a development which constitutes a "single unit" such
as a mobile home park, a shopping center, or apartment complex,
Utility's obligation for service and maintenance of lines and faci-
lities located wholly within such developments, and not in public
Gordon J. Pfersich
Senior Vice President
General Development Utilities, Inc.
Sebastian Highlands Division
Original Sheet No. 7.0
rights of way, shall extend solely to repair and/or replace the
lines or facilities, and the Utility will not be liable in any
manner for damages, replacement or repairs to surface areas.
11.0 INSPECTION FEES
Any engineering plans or designs for, or construction of facilities
by a contributor (developer) which are to become a part of Utility's
system, will be subject to review and inspection by the Utility. For
this service, Utility may charge an inspection fee based upon the
actual cost to Utility of inspection of facilities constructed by
contributors or independent contractors for connection with the fac-
ilities of Utility. Such inspection fee shall be paid by the con-
tributor in addition to all other charges above stated, as a condi-
tion precedent to service.
12.0 INSPECTION OF PLUMBER'S HOOK-UP
It shall be the responsibility of the contributor or its plumbing
contractor to connect contributor's plumbing installation with the
water or sewer system. Utility reserves the right to inspect all
such connections to be assured that the same are properly made in
accordance with Utility's rules governing such connections, and that
the connection, as made, is free from infiltration.
The contributor shall notify Utility of any proposed interconnection
with the facilities of Utility, and connection may be made without
the presence of Utility's inspector. However, such connection shall
remain open until inspection by Utility and until notice of the
approval of such connection is furnished to the developer in
accordance with the practices and procedures of Utility. Any
connection covered without the benefit of inspection will result in
the contributor being required to reopen the connection for
subsequent inspection. If Utility fails to inspect the connection
within 48 hours after notice that the same is ready to inspect, the
connection shall be deemed approved by Utility.
13.0 ADJUSTMENT PROVISIONS
Governmental Authority: The charges set forth in this Policy are
subject to adjustment by appropriate action of the governmental
agency having Jurisdiction of this Policy, either upon the
initiative of the governmental agency or by request of Utility.
14.0 PRIOR POLICY
Prior to the adoption of this Policy, Utility had, by virtue of its
obligations, established other policies which will remain in effect
until the obligations pursuant to those policies have been
fulfilled. Under a previous program, Utility constructs water
Cordon J. Pfersich
Senior Vice President
General Development Utilities, Inc.
Sebastian Highlands Division
Original Sheet No. 8.0
facilities at its own cost covering approximately 1229 lots to which
water service would be extended by Utility within sixty days after
the building permit has been obtained and notification of commence-
ment of construction has been given to Utility. The cost of such
water facilities is to be borne sol. ely by Utility as an ~nvestment.
The only charge to the customer would be a meter installation fee.
Utility made a commitment to provide sewer service to approximately
1229 lots, and facilities will be installed as an investment of
Utility to those lots. These commitments by Utility were based
upon contracts made in the past and rae not available to prospect-
rive customers or contributors. A list showing the lots to which
service will be made available, as an investment by Utility, is
available in Utility's office, and may be examined by any customer
or prospective customer during the regular business hours of
Utility's office.
15.0 EXTENSION OUTSIDE TERRITORY
Providing service outside Utility's territory may involve formal
notice and formal proceedings before the Board of City
Commissioners and, therefore, entail engineering, administrative and
legal expenses in addition to costs incurred by Utility in providing
service within its territory. Utility will, therefore, not be
obligated to provide its services outside the territory unless the
contributor agrees, in advance, to defray those additional expenses
and pay to Utility the estimated costs thereof. The advance payment
will be adjusted to conform with actual expenses after the
proceedings have been concluded. Utility will further make such
extensions outside the territory only if the net income to be
derived from prospective consumers within the area to be served by
the proposed extension will provide a fair return on Utility's
investment in the proposed extension, transmission, and treatment
facilities involved. Utility will not extend its facilities under
circumstances where the extensions will cause service to existing
customers to suffer either as a result of reduction of capacity to
provide its service to customers, or the diminishment of the
economic capacility of Utility to meet its financial commitments.
16.0 DISTRIBUTION AND COLLECTION SYSTEMS CONSTRUCTION
If any on-site distribution and collection systems are constructed
by the contributor as set forth in Paragraph 10.0 herein, Utility
shall establish specifications based upon good engineering and
public utility practices, and the contributor shall, not less than
sixty (60) days prior to commencing construction, furnish Utility
with a complete copy of the plans and specifications of the proposed
on-site collection and distribution system. Utility shall have
thirty (30) days in which to determine the acceptability of the
plans and specifications furnished to it by the contributor. If the
Gordon J. Pfersich
Senior Vice President
General Development Utilities, Inc.
Sebastian Highlands Division
Original Sheet No. 9.0
Utility shall object to the plans and specifications or any part
thereof, the contributor shall defer the commencement of construction
pending the resolution of Utility's objections.
17.0 INSPECTIONS
Utility shall have, at all times during the construction, the right
to inspect the construction of the on-site distribution and/or coll-
ection systems being built by the contributor, or his agents or em-
ployees, as set forth in Paragraph 11.0 of this Policy and receive
payment of fees referred to herein.
18.0 REFUNDABLE ADVANCES
In addition to the charges set forth herein, Utility will require a
refundable advance by a contributor to temporarily defray the cost
of any off-site extension of water and/or sewer mains', pumping
stations, and other facilities necessary to provide service to the
contributor's property unless, at the time of the request for
service, Utility determines that extension to provide such service
is economically justified or is appropriate to improve system
reliability or enhance the quality of service to existing
customers. The amount of the refundable advance will be based on
the cost of the off-site mains and other facilities. Such
facilities shall be designed and constructed in accordance with
Utility's master plan for service to the immediate surrounding
area. Charges paid by the contributor over and above the
contributor's hydraulic share of the facilities shall be refunded
to the contributor in accordance with the terms and conditions of a
refunding agreement which Utility will execute with the
contributor. The refund agreement will provide for a plan of
refund based upon connection of other properties that will be
served by the facilities to the extent of their hydraulic share.
The contributor shall bear the reasonable expense of preparing the
refund agreement. Notwithstanding the provisions of this Section,
the life of the refund agreement shall be seven years, after which
time the balance of the refund not made to the contributor by the
terms and conditions of the refund agreement will be retained by
Utility, and such refund agreement will be cancelled. In no event
shall a contributor recover an amount greater than the difference
between the capitalized cost of such improvements and the
contributor's own hydraulic share of such improvements. Utility
will not include any interest upon the refund of the contributor's
advance.
19.0 GUARANTEED REVENUE AGREEMENT
Utility may establish a policy of requiring, as a condition prece-
dent to service, that the contributor (developer) enter into a guar-
anteed revenue agreement.
Gordon J. Pfersich
Senior Vice President
General Development Utilities, Inc.
Sebastian Highlands Division
Original Sheet No. 10.0
20.0 RESERVE CAPACITY CHARGE
Utility may enter into an agreement with a contributor requiring
contributor to pay a minimum guaranteed connection charge. If
If contributor wishes to insure that there will be available
sufficient plant capacity at various planned stages of development
and, if Utility agrees to reserve such capacity for contributor,
the contributor will be required to pay applicable fixed costs
including depreciation, property tax, insurance and interest
costs on plant capacity reserved for the period of the reservation.
Gordon J. Pfersich
Senior Vice President
General Development Utilities, Inc.
Sebastian Highlands Division
Original Sheet No. 11.0
EXHIBIT "A"
SCHEDULE OF DAILY RATED GALLONAGE
FOR VARIOUS OCCUPANCIES
Types of Building Usage
Apartments .................... 250 gpd(1)
Bars and Cocktail Lounges . . .5 gpcd (2)
Bowling Alleys (toilet wastes only, per ~a~ei .... 100 gpd
Country Clubs (per member) .............. 25 gpcd
Day Schools (students and staff) ........ 10 gpcd
Drive-in Theatres (per car space) ......... 5 gpd
Factories (with showers) .......... 30 gpcd
Factories (without showersi ......... 10 gpd/100 sq. ft
Hospitals (with laundry) ............. 250 gpd/bed
Hospitals (without laundry) ............ 200 gpd/bed
Hotels and Motels ............... 200 gpd/rm or unit
Laundromats ................. 225 gpd/washer
Mobile Home Parks ................. 300 gpd/trailer
Movie Theatres, Auditoriums, Churches (per'seat). .3 gpd
Nursing Homes ................. 150 gpd/100 sq ft
Office Buildings .............. 10 gpd/100 sq ft
Public Institutions (other than those listed herein).75 gpcd
Restaurants (per seat) ............. 50 gpcd
Single-Family Residential
Water: 5/8 x 3/4" meter .............. 350 gpd
1" meter ................ 600 gpd
1½" meter ................. 1150 gpd
Sewer ................. 250 gpd
Townhouse Residences (3) ............. 250 gpd
Stadiums, Frontons, Ball Parks, etc (per'seat)... 13 gpd
Stores (without kitchen wastes) .......... 5 gpd/100 sq ft
Speculative Buildings .............. 300 gpd plus
10 gpd/100 sq ft
Warehouses .................... 30 gpd plus 10
gpd/lO00 sq ft
(1) gpd - gallons per day
(2) gpcd - gallons per capita per day
(3) Condominiums shall be rated in accordance with the type
(apartments, townhouses, etc.)
NOTE: Sewage gallonage refers to sanitary sewage flow on a
unit basis for average daily flow in gallons per day.
Gordon J. Pfersich
Senior Vice President