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Home My WebLink AboutO-92-15ORDINANCE NO.: 0-92-15 AN ORDINANCE OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, ADOPTING WATER AND WASTEWATER UTILITY RATES; ADOPTING A FEE IN LIEU OF FRANCHISE FEE; PROVIDING FOR CONFLICTS; PROVIDING FOR CODIFICATION; PROVIDING FOR SEVERABILITY; PROVIDING FOR ATTORNEYS' FEES; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, beginning in 1986, Indian River County and the City of Sebastian held discussions and meetings regarding the County's desire to provide water and wastewater service within the City of Sebastian; and WHEREAS, at two hearings held by the Sebastian City Council on January 7 and January 14, 1987, the City of Sebastian (the "City") adopted a series of documents which granted certain franchise and service rights to Indian River County within the City of Sebastian; and WHEREAS, the City adopted Resolution Nos. R-87-6 and R-87-7 which had the effect of granting a franchise to Indian River County for the entire area within the incorporated limits of the City (excluding previous granted franchised areas) and which approved the form and substance of an Intergovernmental Agreement; and WHEREAS, the City on or about February 27, 1991, determined that it would be in the City's best interest to consider revocation or cancellation of the franchise given to Indian River County and perhaps provide its own water and wastewater service; and WHEREAS, on March 5, 1991, Indian River County unanimously agreed to relinquish its franchise rights within the City; and WHEREAS, on March 13, 1991, the Indian River County sent a letter to the City of Sebastian offering to relinquish its franchise rights; and WHEREAS, on March 27, 1991, the City hired a utility consultant to prepare a feasibility study concerning whether the City should provide its own water and wastewater system; and WHEREAS, on April 5, 1991, the City of Sebastian conditionally accepted Indian River County's offer subject to completion of the necessary documents containing terms and conditions acceptable to both parties so that agreements, ordinances, and resolutions may be rescinded in such a manner as do not impact third parties; and WHEREAS, the feasibility study prepared by the City's consultants was presented to the City on June 26, 1991, and recommended that the City proceed with its own utility service, and WHEREAS, the County has agreed to cooperate with the City as long as the interest in of the County utility system, and bond holders, and the City customers who have reserved capacity in the system are all protected; and WHEREAS, the County and City staff members have met on several occasions to work out interim plans to effect the separation of the utility systems and have recommended an acceptable way to satisfy the concerns of all parties; and 2 WHEREAS, on April 15, 1992, the City of Sebastian and Indian River County entered into an Interlocal Utilities Agreement wherein Indian River County relinquished its franchise rights within the City of Sebastian and, wherein the City of Sebastian accepted certain duties and responsibilities with regard to operation and maintenance of a utility system within the City of Sebastian; and WHEREAS, as a result of the Interlocal Utilities Agreement the City of Sebastian must adopt rates and fees in conjunction with operation of the utility systems. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, as fOllows: Section 1. UTILITY RATES FOR WATER AND WASTEWATER SERVICES TO CUSTOMERS SERVICED WITHIN THE CORPORATE CITY LIMITS OF THE CITY OF SEBASTIAN. As of the effective date of this Ordinance, the City adopts rates as set forth in Exhibit "A" to this Ordinance. Said rates may, from time to time, be amended by resolution of the City Council of the City of Sebastian. Section 2. FEE IN LIEU OF FRANCHISE FEE. Effective for all water and wastewater utility bills issued by the City of Sebastian, there shall be charged by the City of Sebastian a "fee-in-lieu-of franchise" fee in the amount of 6% of the gross revenue derived from the sale of water and wastewater service. This fee shall be shown as a separate line item on customer bills, as if the City of Sebastian were a private corporation. The funds, so derived, shall be remitted monthly to the City of Sebastian's general fund to be used for any lawful 3 purpose. Section 3. CONFLICT. Ail Ordinances or parts of Ordinances in conflict herewith are hereby repealed. Section 4. CODIFICATION. It is the intention of the City Council of the City of Sebastian, Indian River County, Florida, and it is hereby provided that the provisions of this Ordinance shall become and be made a apart to the Code of Ordinances of the City of Sebastian, Florida;' that the sections of this Ordinance may be renumbered or relettered to accomplish such intention; and the word "Ordinance" may be changed to "Section," "Article" or other appropriate designations. Section 5. SEVERABILITY. In the event a court of competent jurisdiction shall hold or determine that any part of this Ordinance is invalid or unconstitutional, the remainder of this Ordinance shall not be affected and it shall be presumed that the City Council of the City of Sebastian did not intend to enact such invalid or unconstitutional provision. It shall further be assumed that the City Council would have enacted the remainder of this Ordinance without said invalid and unconstitutional provision, thereby causing said remainder to remain in full force and effect. Section 6. ATTORNEYS' FEES. Should it become necessary for the City to initiate legal or other proceedings to enforce the terms of this Ordinance, the prevailing party shall be entitled to recovery of reasonable costs and attorneys fees. 4 Section 7. EFFECTIVE DATE. This Ordinance shall become effective immediately upon its adoption. The foregoing Ordinance was moved for adoption by /, Councilman ~ ' ~~~-~ The motion was seconded by Councilman and, upon being put to a vote, the vote was as follows: Mayor Lonnie R. Powell ~6~ Vice-Mayor Fran 0berbeck Councilman Peter R. Holyk Councilman George G. Reid Councilwoman Carolyn Corum The Mayor thereupon declared this Ordinance duly passed and adopted this .~ day of ~~ , 1992. Lo~n'i~ R. Powell~ayor ATTEST: Kathry~. O'Halloran, CMC/AAE City Cl~rk 5 HEREBY CERTIFY that notice of public hearing on this I Ordinance was published in the Vero Beach Press Journal as required by State Statute, that one public hearing was held on this Ordinance at 7:00 p.m. on the ~- day of ~ 1992, and that following said public hearing this Ordinance was passed by the City Council. Kathry9//t~l 2 O' Hal~l.-0ran, C~C/AA~. City Cl~rk 'Approv~ed as ~ Form and Content: ~ichard E~rpy Assistant City Attorney 6 B£11Lng Charge - Per Account Base Facilities Charge Where Lines Are Available - Per ERU Base Facilities Charge Where Capacity is Reserved But Lines Are Not Available - Per ERU $ 2.00 $ 8.?0 $ 4.35 2.00 9.20 $ 4.60 Volume Charge 0 to 3,000 Gal!one Per Month Per ERU Except Irrigation Only - Per 1,000 Gallons Per Month 3,001 to ?,000 Gallons Per Month Per ERU and Irrigation Only 0 - 7,000 Gallons Per 1,000 Gallons Gallons Per Month Per EaU - Per 1,000 Gallons Excess Volume Surcharge ~or Use Greater =ban 13,000 Gallons Per Month Per ERU - Per 1,000 Gallons 1.75 $ 2.15 $ 2.55 $ 2.10 $ 1.75 2.15 $ 2.sS 2.30 Billing Charge - Per Account Base Facilities Charge Where Lines Are Available - Per ERU Base Facilities Charge Where capacity is Reserved But Lines Are Not Available - Per ERU 2.00 $13.OO $ 6.50 2.00 $ 6.?5 EXHIBIT "A" xg~ ~ X993 (Continued) ~ATES Volume Charge - Calculated as 85% of Water Uae - Per 1,000 Gallons - 10,000 ~allon Per Month Maximum for Residential Customers ~XCesS Volume Surcharge For Use Greater =hen i1,000 G&lXons Per Month Per ERU - Per 1,000 Gallons Excess Sewage Strength Charge But who Have Obtained a Variance Due to Hardship or Financial Unfeasibtlity 1993 $ 3.35 4.05 Sewage Charge Ratio of Total Dissolved Solids or Biochemical oxygen Demand in milligrams per liter / 2S0 4.45 Sewage Charge Ratio of Total Dissolved Solids or Biochemical Oxygen Demand in milligrams par liter / 2S0 Septage Charge per 1,000 Gallons $ 100.00 105.00 Water - Per ERU Water Treatment and Storage Water Tran~mission To,al $ 893.00 $ 548.00 $1,441.00 $ 973.00 $ 597.00 $1,570.00 sewer - Pet ERU Wastewacer Treatment and Sludge Disposal Effluen: Disposal Wastewater Transmission Total $1,045.00 $ 647.00 $ 626.00 $1,321.00 $1,1~9.00 716.00 67S.00 $2,~1.00 SCIIEDULE OF WA~ER ~ SEWJ~R RA~ES; tEES, AND CitAROSS 1992 Ju~ 1993 Impact fame for 1994 and subsequent years will be increased in proportion to the Eng£neerin9 New Record construction cost index applicable to Indian River County OTNER CHARGES DepOSitS Required Upon Opening, Transferring, or Reconnecting ServiCe Residential and Commercial - Per ERU Hydrant Meter Interest Rate Paid on D~poaits Charge for Returned Check Meter Replacement 5/8 Inch 1 Inch 1 1/2 Inch 2 Inch and Larger Meto~ Removal 5/8 Inch 1 Inch 1 1/2 Inch and Larger (continued) $ 50.00 0.5% Pe~ Month $ 12.00 $ 1.SO 5100.00 $30O.O0 Cost Plus Overhead 30.00 30.00 40.00 $ 50,00 $34$.00 0.5% Per Month $ 12.00 S 1.SO Cost Plus overhead $100.00 $i~5.00 $300.00 Cost Plus Overhead 30.00 30.00 40,00 SCHEDLrLE OF WATER AND SEh~:g I~,ATES, FEES; A,ND CHAA~ES 1992 AND 1993 water Service Connection 5/8 Inch Meter 1 Inch Meter 1 1/2 Inch MotOr Larger than 1 1/2 InCh Meter Sewer service Connection Residential Commercial and Other Paved Road Cuts Road Jacking and Boring Orass Restoration Uneu=horized USe of Fire Hydrants other and ~xtraordinary Services Meter Installation 5/8 Inch Mo~er i Inch Meter 1 1/2 Inch Meter 2 Inca Meter 3 Inch Meter and Larger Fire Hydrant Meter Water Service Roconnection During working HOURS Al=er Working Hours (Continued) ;992 $400.00 $460.00 $810.00 Co8~ plus Ove£head $~00.00 Cost Plus Overhead cost PlUS Overhead $200 Minimum COSt Plus Overhead Cost Plus Overhead $115,00 Cos~ Plus Overhead $130.00 $200.00 $500.00 $630.00 Cost PLus Overhead $ 25,00 18,00 25,00 1993 $4OO.OO $460.00 $810.00 Cost Plus Overhead $500,00 Cost Plus Overhead Cost Plus Overhead $200 Minimum Cost Plus overhead Cost Plus Overhead $115.00 COS~ P~us Overhead $130.00 $2oo.oo Ssoo.oo $630.00 Cost Plus Overhead $ 25,00 $ 18,00 $ 25.00 ~CHgDULE O~' W&T~.R AND SE~E& RAT~.8, PE~B, AND CHARGES 199:2 ~¢D 1993 Meter Rereads and Leak InspeCtion Delinquenzy Charge General Servi=e Calls (Continued) $ 15.00 $ 15,00 $ 2.00 PLus 1.5% Per Mo. $ 2.00 Plus 1,5% Per CoSt Plus Overhead Cost Plus overhead Meter Test 5/8 Inch Meter 1 Inch Meter 1 1/2 Inch Meter or Larger Damage Repair Line LOC&tion ~ngineering Services Site Plan Review - under 40 Units and Without Lift Station Site Plan Review - over 40 Units or With Lift Station $ 2O,00 $ 20.00 $ 20,00 Cost Plus Overhead $100.00 Plus Cost Plus Overhead Cost Plus Overhead $ 50,00 Minimum Cost Plue Overhead $150.00 Minimum 20.00 Cost Plue Overhead $100.00 Plus cost Plus Overhead Cost Plus Overhead $ 50.00 Minimum Cost Plus Overhead $150,00 Minimum Inspection Fee Water Per Connection Sewer Per Connection Hydrant Flow Test Fire Protection Charge - Per Year $ 2~.00 $ 25.00 $ 60,00 $170,00 25.00 25.00 60,00 $170.00 FRANCHISE CHARGES Application Fee Cost Plus Overhead $ 50.00 Minimum $ 50.00 Minimum 1992 AND 1993 (Continued) 1993 199~2 ~stablish Pranchise Franchise Name Change Franchise Territory Change COSt Plus overnead $1,100.00 Minimum Cost Plus Overhead $115.00 Minimum Cost Plus Overhead $115.00 Minimum Cost Plus Overhead $1,100.00 Minimum Cost Pius Overhead $115.00 Minimum cost Plus Overhead $11S.00 Minimum Change of Owner0hip 49 ERUS or Fewer 50 ERUs or More Cost plus Overhead 5115.00 Minimum Cost Plus overhead $300.00 Minimum Cost Plus Overhead $115.00 Minimum $300.00 Minimum 49 ERUs Or Fewer 50 ~RUs or More Public Hearing Cost Plus Overhead $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 COS~ Plus Overhead $115.00 Minimum