HomeMy WebLinkAboutO-93-19
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ORDINANCE NO. 0-93-19
AN ORDINANCE OF THE CITY OF SEBASTIAN, INDIAN RIVER
COUNTY, FLORIDA AMENDING THE CODE OF ORDINANCES OF THE
CITY OF SEBASTIAN, BY ADDING A NEW CHAPTER TO BE
ENTITLED "THE WATER AND WASTEWATER UTILITY RATE
ORDINANCE"; PROVIDING A TITLE; MAKING CERTAIN
LEGISLATIVE DETERMINATIONS; PROVIDING DEFINITIONS;
PROVIDING GENERAL TERMS AND CONDITIONS REGARDING
UTILITY SERVICE, ESTABLISHING METER TESTING CHARGES,
CUSTOMER DEPOSIT CHARGES, CONNECTION CHARGES, AND WATER
AND WASTEWATER CAPITAL CHARGES; ESTABLISHMENT OF THE
WATER AND WASTEWATER CAPITAL IMPROVEMENT FUNDS;
RETURNED CHECK CHARGES; PROVIDING MISCELLANEOUS SERVICE
CHARGES; THE ESTABLISHMENT OF WATER AND WASTEWATER RATE
SCHEDULES; TERMS OF PAYMENT; PROVIDING FOR
RESPONSIBILITY FOR COLLECTION, DISTRIBUTION AND
TRANSMISSION COSTS; PROVIDING FOR ENFORCEMENT AND
PENALTIES FOR VIOLATION OF THIS ORDINANCE; PROVIDING
FOR LIBERAL CONSTRUCTION; PROVIDING FOR SEVERABILITY;
PROVIDING FOR CONFLICTS; PROVIDING AN EFFECTIVE DATE.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE
CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA:
SECTION h TITLE.
The Code of Ordinances of the City of
Sebastian is hereby amended by adding thereto a new Chapter which
may be cited as the "Water and Wastewater utility Rate Ordinance,"
or the "Rate Ordinance".
SECTION ~ COUNCIL FINDINGS. In adopting this Ordinance and
the rates, fees, and charges incorporated herein, the City council
of the City of Sebastian hereby makes and expresses the following
findings, purposes, and intent:
(1) Pursuant to Section 102-4 of the Code of Ordinances
of the City of Sebastian, and Ordinance No. 0-92-15, the City
Council shall have the duty, right, power, and authority to
establish, adopt, and amend from time to time by resolution a
water system rate schedule which shall apply to each customer of
the City'S Water System.
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(2) Pursuant to section 102-4 of the Code of Ordinances
of the City of Sebastian, and Ordinance No. 0-92-15, the city
Council shall have the duty, right, power and authority to
establish, adopt, and amend from time to time by resolution a
wastewater system rate schedule which shall apply to each
customer of the City's Water System.
(3) Pursuant to section 108.301, Florida Statutes, the
city Council may establish just and equitable rates or charges to
be paid to the city of Sebastian for the use of the utility by
each person, firm or corporation whose premises is served.
(4) The rates established herein provide funding for
water and sewer utility services which promote the health, safety,
and general welfare of its customers and is, tperefore, beneficial
to the ratepayers of the Water and Wastewater System.
(5) The City of Sebastian is in the process of issuing
certain revenue bonds to, among other things, purchase the
Sebastian Highlands water and wastewater system from General
Development utilities ("GDU").
(6) In order to provide paYment for the revenue bonds,
the City must enact certain rates, fees, and charges, and meet
certain covenants as required by the Bond Resolution which
authorized the issuance of such Bonds.
(7) The city's engineers have performed certain studies
in order to calculate just, fair, and equitable rates, fees, and
charges.
(8) The city is authorized to adopt water and
wastewater rates, fees, and charges pursuant to Chapters 166 and
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(9) The city has provided the required public notices
and held the necessary pUblic hearing(s) in order to adopt said
water and wastewater rates, fees, and charges.
(10) The findings, conclusions, testimony, and results
of the public briefing document, studies, and comments of the
city's consultants and engineers are hereby incorporated into
these findings and this Ordinance.
(11) It is the policy and objective of the city council
to ensure that rates, fees, and charges levied to pay for the cost
of the Acquisition, additions, and expansions are just and
reasonable and cover the true cost of said acquisitions,
additions, and expansions.
(12) It is just and reasonable that the cost of the
System should be borne by those existing and new users on a fair
share basis in accordance with applicable law.
SECTION ~ DEFINITIONS.
When used in this Rate Ordinance,
the following terms shall be defined to mean:
(1) "Applicant" means the owner of real property or the
person or legal entity which has the legal right to utilize real
property by means of any form of ownership which real property the
Applicant desires to be served by water service or wastewater
service. The terms "Applicant", "Developer" and "property Owner"
are synonymous and may be used interchangeably herein.
(2) "Application" means a written request from an
applicant requesting that, pursuant to a utility Agreement,
specific water service and/or wastewater service be provided to
and for certain real property.
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(3) "Biochemical oxygen demand" or "BOD" means the
quantity of oxygen in the biochemical oxidation of the organic
matter in wastewater under standard laboratory procedures in five
(5) days at twenty degrees centigrade (20 C), expressed in
milligrams per liter. The BOD shall be determined in accordance
with procedures set forth in the Standard Methods for the
Examination of Water and Wastewater.
(4) "City" means the city of Sebastian, Indian River
County, Florida, a municipal corporation of the State of Florida.
(5) "Collection facilities" means the lines, pipes, and
appurtenance equipment and all other related equipment of the
facility, of whatever type or nature, used to collect sewage from
sewer facilities, buildings, structures or facilities and to
transmit it to wastewater transmission facilities.
(6) "Council" means the City Council of the City of
Sebastian, Florida.
(7) "Cross connection " means any physical arrangement
whereby a public water supply is connected directly or indirectly
with any other water supply system, sewer, drain, conduit, pool,
storage reservoir, plumbing fixture, or any other device, facility
or system which contains or may contain contaminated water,
sewage, waste material, or other material or substance of unknown
or potentially unsafe quality which may be capable of imparting
contamination to the pUblic water supply as a result of backflow.
Bypass arrangements, jumper connections, changeable devices or
other devices through which or because of which backflow could
occur are deemed to constitute cross connections.
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(8) "Customer" meang any person, firm, or corporation
who has entered into an agreement to receive water or wastewater
service from the city and who is liable for the paYment of that
water and wastewater service.
(9) "Customer installations" means all water and
wastewater facilities which ordinarily and customarily exist on
the consumers' side of the point of delivery, such as, by way of
example and not limitation, curb stops and lateral connections.
(10) "Distribution facilities" means the lines, pipes,
meters, and appurtenant equipment and any other related equipment
or facility, or whatever type or nature, used to distribute water
from the utility to the customer for usage.
(11) "Dwelling unit" means one or more rooms in a
residential or commercial building which are used or intended for
use as a living facility for no more than one family and generally
including provisions for living, sleeping, eating, cooking, and
sanitation. A hotel or motel room is not considered as a dwelling
unit.
(12) "Easement" means an acquired legal right for the
specific use of land owned by others.
(13) "Effluent disposal facilities" means those
wastewater facilities necessary to detain, transmit, store, and
dispose of wastewater previously treated at treatment facilities.
(14 ) "Equivalent residential unit" or "ERU" means a
factor used to convert a given average daily flow (ADF) to the
equivalent number of residential connections. For this purpose
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the ADF of one (1) ERU is deemed to be 200 gallons per day (GPD)
for wastewater service and 250 GPO for water service. The number
of ERUs contained for a given AOF is initially determined
hereunder by dividing that AOF by two hundred (200) GPO for
wastewater or two hundred fifty (250) GPO for water.
ERUs shall
be calculated as a whole number.
The rounding of ERUs to whole
numbers shall be calculated as follows: 0.5 and greater shall be
rounded up to the next whole number, and 0.49 and less shall be
rounded down to the next whole number.
(15)
"FOEP"
means
the
Florida
Department
of
Environmental Protection, or its successor agency.
(16) "Gallons per day" or "GPO" means gallons per day
on an annual average basis.
(17) "Hazardous waste" means any substance, waste, or
product that is potentially damaging to environmental health,
including
toxicity,
ignitability,
corrosivity,
chemical
reactivity, radioactivity, infectious characteristics, or any
other reason.
(18) "Mains" refers to a pipe, conduit, or other
facilities installed to convey water service to individual service
lines or to other mains, or in the case of sewer lines, to convey
sewer service from individual service lines to other mains.
(19) "Master meter" means a single meter serving a
mUlti-family residential or a multi-unit commercial facility.
This term includes, but is not limited to, master meters serving
condominiums, apartments, mobile home parks, hotels, motels,
travel trailer parks, shopping centers, and office buildings.
(20) "Meter" means a device used to measure water
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delivered to "point of delivery" by the city.
(21) "Point of delivery" means the designated point at
which the applicant's property is connected to the water
facilities or wastewater facilities.
(22) "Private fire protection" means the existence of
separate fire connections, standpipes with hose attachments, and
automatic fire sprinkler systems which serve a customer.
(23) "Property" means the real property owned or
controlled by an applicant for which water service capacity
allocation, wastewater service capacity allocation, or both, is
requested.
(24) "Reclaimed water" means water, treated wastewater
or sewer effluent that has been appropriately treated and which,
as a result of the treatment of wastes, is suitable and usable for
direct beneficial uses or a controlled use by and for public
agricultural, commercial, residential, or industrial developments,
proj ects or purposes including, but not limited to, irrigation
projects or purposes including, but not limited to, irrigation
purposes in green areas of developments or other appropriate uses.
(25) "septic tank" means a subsurface impervious tank
designed to temporarily return wastewater or similar waterborne
wastes together with:
(a) a sewer line constructed of solid pipe, with
the joints sealed, connecting the impervious tank with a plumbing
stub out; and
(b) a subsurface system of trenches, piping, and
other materials constructed to drain the clarified discharge from
the tank and distribute it underground to be absorbed or filtered.
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(26) "Service lines" means the pipes of the city which
are connected from the mains to the "point of delivery".
(27) "Service rates" or "Rates" means the city's
applicable schedule of rates and charges for water and wastewater
services, including, by way of illustration and not limitation,
connection fees, meter set fees, and any and all other fees or
charges which may be in effect from time-to-time adopted by the
city. The schedule of service rates shall be of general and
uniform application within the city-wide water and wastewater
utility system.
(28) "Sewer" or "Wastewater" means a combination of any
type of the water-carried wastes from residences, business
buildings, institutions, industrial establishments, any and all
other customers facilities, together with such ground, surface and
stormwaters as may be present, but does not mean or include
hazardous or toxic wastes.
(29) "System" means the City of Sebastian Water and
Wastewater System.
(30) "Transmission lines" means those lines and
appurtenance facilities used to either transmit wastewater from
the collection system to the wastewater Treatment Plant or
transmit treated wastewater to a final effluent disposal site or
transmit water from the Water Treatment Plant to the distribution
system. Transmission lines are generally six inches (6") or
greater in size and serve or are intended to serve more than one
(1) parcel property.
(31) "utility agreement" means a written agreement
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between the city and a Property Owner which establishes the terms
and conditions pursuant to which the city will provide water
and/or wastewater service.
(32) "utility facilities", "facilities" or
"installations" means by way of illustration and not limitation,
all equipment, fixtures, pumps, lines, mains, manholes, lift
stations, pumping stations, laterals, service connections, and any
and all appurtenances thereto together with all real property,
easements and rights-of-way necessary to provide water and
wastewater service to property whether located on-site or off-
site.
(33) "Wastewater capi tal charge" (sewer impact
fee)means a fee or charge paid to the City by an applicant for the
purpose of obtaining wastewater service capacity. Capital charges
are utilized for the acquisition, improvements, expansion, and
construction of facilities deemed necessary by the City to furnish
wastewater service capacity and related service to the property
and to adequately fund capital improvements in the System. The
term specifically does not include the costs of collection
facilities as defined previously or customer installations the
cost for which shall be fully borne by the applicant.
(34) "Wastewater service capacity" means the rate of
wastewater flow on an average daily basis measured in gallons per
day, which can be treated and disposed of according to a
wastewater facilities design.
(35) "Water capital charge" (water impact fee) means a
fee or charge paid to the City by an applicant for the purpose of
obtaining water service capacity. Capital charges are utilized for
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the acquisition, improvement, expansion, and construction of
facilities deemed necessary by the city to furnish water service
capacity and related services to property and to adequately fund
capital improvements in and for the System. The term specifically
does
not
include
distribution
facilities
or
customer
installations, the cost of which shall be fully borne by the
applicant.
(36) "Water service capacity" means the amount of water
which can be pumped, treated, transmitted and distributed, on an
average daily basis, where such amount is measured in gallons per
day and includes fire flows.
SECTION ~ GENERAL TERMS AND CONDITIONS REGARDING WATER AND
WASTEWATER SERVICE.
(1) Siqned Application Required. Water and wastewater
service capacity may be furnished only after a signed application
or agreement and payment of the applicable water and wastewater
capi tal charges ( impact fees) are accepted by the city. The
conditions of such application or agreement are binding upon the
customer as well as upon the city. A copy of the application or
agreement for water and wastewater service accepted by the city
will be furnished to the applicant on request.
The applicant
shall furnish to the city the correct name and street address or
lot and block number at which water and wastewater service is to
be rendered.
(2)
Wi thholdinq service.
The City may withhold or
discontinue water and/or wastewater service rendered under
application made by any member or agent of a household,
organization, or business unless all prior indebtedness to the
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city of such household, organization, or business for water and
wastewater service has been settled in full in accordance with
city policy.
service may also be discontinued for any violation
made by the customer of any rule or regulation set forth in this
rate ordinance.
(3)
Limitation of Use.
Water and wastewater service
purchased from the city shall be used by the customer only for the
purposes specified in the application for water and wastewater
service.
(4) continuity of Service. The City will at all times
use reasonable diligence to provide
continuous water
and
wastewater service and, having used reasonable diligence, shall
not be liable to the customer for failure or interruption of
continuous water and wastewater service.
The city shall not be
liable for any act or omission caused directly or indirectly by
strikes,
labor
trouble,
accidents,
litigation,
breakdowns,
shutdowns for emergency repairs or adjustments, acts of sabotage,
enemies of the United states, Wars, United states,
state,
municipal or other governmental interferences, acts of God or
other causes beyond its control.
(5)
~ and maintenance.
The customer's pipes,
apparatus and equipment shall be selected, installed, used and
maintained in accordance with standard practice and shall conform
with the rules and regulations of the city. The City shall not be
responsible for the maintenance and operation of the customer I s
pipes and facilities.
The customer expressly agrees not to
utilize any appliance or device which is not properly constructed,
controlled and protected, or which may adversely affect water or
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wastewater service provided by the city. The City reserves the
right to discontinue or withhold water and wastewater service to
such apparatus or device.
(6) Chanqe Of Customer's Installation. No changes or
increases in the customer's installation, which will materially
affect the proper operation of the pipes, mains, or stations of
the City, shall be made without written consent of the City. The
customer shall be liable for any change resulting from a violation
of this rule.
(7) Protection Of city's Prooertv. The customer shall
exercise reasonable diligence to protect the city's property on
the customer's premises and shall knowingly permit no one, but the
City's agent or persons authorized by law, to have access to the
Ci ty , s pipes and appurtenances. In the event of any loss or
damage to property of the city caused by or arising out of
carelessness, neglect, or misuse by the customer, the cost of
making good such loss or repairing such damage shall be paid by
the customer.
(8) Access To Premises. The duly authorized agents of
the City shall have access at all reasonable hours to the premises
of the customer for the purpose of installing, maintaining,
inspecting, or removing the Ci ty , s property or the performance
under or termination of the city's agreement with the customer and
under such performance shall not be liable for trespass.
(9) Billing Periods. Bills for water and wastewater
service will be rendered monthly as stated in the rate schedule
and shall become due when rendered and be considered as received
by the customer when delivered or mailed to the water and/or
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wastewater service address or some other place mutually agreed
upon. Non-receipt of bills by the customer shall not release or
diminish the obligation of the customer with respect to payment
thereof.
(10) Oelinquent Bills. Bills are due when rendered and
become delinquent if not paid within twenty (20) days after the
bill has been mailed or presented to the customer for payment.
Water and wastewater service may then be discontinued only after a
written notice has been mailed or presented within five (5)
working days to the customer of the delinquency in payment. Water
and wastewater service shall be restored only after the city has
received payment for all past-due bills and reconnect charges from
the customer. There shall be no liability of any kind against the
city for the discontinuance of water and wastewater service to a
customer for that customer's failure to pay the bills on time.
partial payment of a bill of the water and wastewater service
rendered will not be accepted by the City, except by the city's
agreement thereof.
(11) payment Of Water And Wastewater Service Bills
concurrentlY. When both water and wastewater service are provided
by the city, payment of any wastewater service bill rendered by
the City to a customer shall not be accepted by the city without
the simultaneous or concurrent payment of any water service bill
rendered by the city. The city may discontinue both water service
and wastewater service to the customer's premises for non-payment
of the wastewater service bill or water service bill or if payment
is not made concurrently. The city shall not re-establish or
reconnect wastewater service and/or water service until such time
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as all wastewater and water service bills and all charges are
paid.
(12) Tax Clause. Any tax which may be levied upon the
city's wastewater or water system shall not be incorporated into
the rate for wastewater or water service but shall be shown as a
separate item on the city's bills to its customers receiving such
service.
(13) Chanqe Of Occupancy. When a change of occupancy
takes place on any premises supplied by the city with water and
wastewater service, written notice thereof shall be given at the
office of the city not less than three (3) days prior to the dated
of change by the outgoing customer. The outgoing customer shall be
held responsible for all water and wastewater service rendered on
such premises until such written notice is so received by the city
and the City has had reasonable time to discontinue the water and
wastewater service. However, if such written notice has been
received, the application of such a succeeding occupant for water
and wastewater service will automatically terminate the prior
account. The customer I s deposit may be transferred from one
service location to another, if both locations are supplied water
and wastewater service by the city. The customer's deposit may
not be transferred from one name to another. Notwithstanding the
above, the city will accept telephone orders, for the convenience
of its customers, to discontinue or transfer water and wastewater
service from one service address to another, and will use all
reasonable diligence in the execution thereof. However, oral
orders or advice shall not be deemed binding or be, considered
formal notification to the city.
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(14) Unauthorized connections. connections to the
City's water and wastewater system for any purpose whatsoever are
made only by employees of the city. Any unauthorized connections
to the customer's water or wastewater service shall be sUbject to
immediate discontinuance wi thout notice.
Water and wastewater
service shall not be restored until such unauthorized connections
have been removed and until settlement is made in full to the City
for all water and wastewater service estimated by the City to have
been used by reason of such unauthorized connection.
(15)
Adiustment Of Bills.
When a customer has been
overcharged or undercharged as a result of incorrect application
of the rate schedule, incorrect reading of a water meter, or other
similar reason, the amount may be credited or billed to the
customer in accordance with the pOlicies of the city.
SECTION ~ WATER METER INSTALLATION CHARGE.
(1) Each applicant shall be charged for the meter,
meter service box and for installation of the water meter as
follows:
Meter Size
Service Fee
5/8 x 3/4 inch
1 inch
1 1/2 inch
2 inch
3 inch to 8 inch
$ 130.00
200.00
500.00
630.00
Actual Cost plus overhead
(minimum of $630.00)
(2)
Service
charges
for
connections
requiring
installation of a meter greater than two inch (2") will be based
on the actual cost of materials, labor, and overhead. A customer
may elect to purchase his own meter if the required meter's size
exceeds two inches (2"); provided, however, that such meter must
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be approved by the city prior to installation.
(3) The above charges assume only the installation of
the meter and does not include the costs associated with the
installation of a service and tapping into the water main. To the
extent a service installation is required in order to provide the
customer utility service, the cost of such installation, including
the installation of the water meter will be based on the actual
cost of installation, regardless of meter size.
In no event will
such cost be less than the meter installation charges shown above.
SECTION h METER TESTING.
Meter testing shall be done at
the customer's request, and in accordance with the following
guidelines and schedules:
(1) Meter Test Request - If any customer requests a
test of the water meter, the City will require a deposit to defray
the cost of testing; such deposit shall not exceed the following
schedule of fees:
Meter Size
Service Oeoosit
5/8 x 3/4 "
1 "
1-1/2 " and over
$ 20.00
20.00
Actual Cost plus overhead
(2) The fee is retained by the City only if the test
shows that the meter is registering with the acceptable accuracy
limits as established by the city. If the meter is determined by
the city to be registering outside of the acceptable accuracy
limits, the meter test service fee will be refunded and an
adjustment made to the bill for the proper amount of water
consumption.
(3) For tests of meters equal to or greater than 2-
inch, the test will be based on actual costs incurred as
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determined by the city.
SECTION ~ CUSTOMER DEPOSITS.
(1) Establishment of Credit. Before rendering water or
wastewater service, the city may require an applicant for service
to satisfactorily establish credit, but such establishment of
credit shall not relieve the customer from complying with the
city's rules for prompt payment.
established if:
Credit will be deemed so
(a) The applicant for service furnishes a
satisfactory guarantor to secure payment of bills for service
requested.
(b) The applicant pays a cash deposit.
(c) The applicant for service furnishes an
irrevocable letter of credit from a bank or a surety bond.
(2) Amount Of Deposit. The amount of initial deposit
shall be the following according to customer class and meter
size:
Customer Class/Meter Size
Customer Oeposits
Water Wastewater
Residential:
5/8 x 3/4 inch
1 inch
1-1/2 inch
2 inch
$ 50.00
130.00
270.00
485.00
$ 60.00
150.00
300.00
500.00
Commercial and MUlti-Family:
5/8 x 3/4 inch
1 inch
1-1/2 inch
2 inch
3 inch
4 inch
6 inch
50.00
150.00
300.00
500.00
750.00
1200.00
2400.00
65.00
160.00
320.00
510.00
1020.00
1600.00
3200.00
Hydrant Meter
$ 345.00
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(3) Additional Oeposit. The city may require a new
deposit, where previously waived or returned, or an additional
deposit in order to secure payment of current bills provided. The
city shall provide the customer with reasonable written notice of
not less than 30 days where such request or notice is separate and
apart from any bill for service. The total amount of the required
water deposit shall not exceed an amount equal to the average
actual charge for water service for two monthly billing periods
for the 12-month period immediately prior to the date of notice.
The total amount of the required wastewater deposit shall not
exceed an amount equal to the average actual charge for wastewater
service for two monthly billing periods for the 12-month period
immediately prior to the date of notice. In the event the
customer has had service less than 12 months, the city shall base
its new or additional deposit upon the average actual monthly
billing available.
SECTION h CONNECTION CHARGE. There shall be a charge for
city service connections and for transferring of city accounts
from the name of one person to the name of another, which shall be
paid before the service connection is made or accounts changed;
provided, however, that there shall be no service connection
charge when the original service connection is made for which a
meter installation and/or service installation fee is paid. The
charge for the transfer of service to a new customer account at a
previously served location or reconnect ion of service subsequent
to a customer requested disconnection shall be $18.00 during
normal working hours and $25.00 after normal working hours.
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When service is discontinued or ordered discontinued because
of nonpayment of amounts due, the reconnect ion fee shall be based
on the actual costs incurred by the city, but shall not be less
than $18.00 during normal working hours and $25.00 after normal
working hours.
SECTION ~ WATER AND WASTEWATER CAPITAL CHARGES: ADOPTION:
CALCULATING APPLICATION: AND TIME OF PAYMENT.
(1) Adoption. The City hereby adopts and establishes
pursuant to general law, a water capital charge and a wastewater
capital charge, the purpose of which will be to finance capital
expenditures and the payment of City indebtedness associated with
the expansion of the City'S water supply, treatment and
transmission system and the wastewater transmission, treatment,
and effluent disposal system. The water capital charge imposed by
the City shall be ONE THOUSANO ONE HUNORED DOLLARS ($1,100.00) per
ERU, and the wastewater capital charge shall be ONE THOUSANO SIX
HUNOREO FIFTY OOLLARS ($1,650.00) per ERU.
(2) Applicabilitv. Except for (1) those customers who
have previously paid plant capacity charges to the previous owner
of the utility and having previously been connected to the System
and (2) those City retail customers who connect into the Indian
River County Wastewater System, the impact fees set forth herein
shall be paid by those new customers who (a) connect to said
System, (b) request service from the city, or (c) request an
increase in water and/or wastewater service capacity on or after
the date the City acquires the System from GOU. The City may
exempt any customer from the payment of all or a portion of the
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water and wastewater capital charges to the extent that the city
accepts a permanent contribution-in-aid-of-construction related to
the water supply, treatment or transmission facilities or the
wastewater transmission, treatment, or effluent disposal
facilities having a value of not less than the portion of the
water or wastewater capital charges being exempted.
Notwithstanding anything to the contrary set forth herein, those
City retail customers whose wastewater service capacity is
provided via the Indian River county Wastewater System shall pay a
wastewater capital charge of TWO THOUSANO FIVE HUNOREO FIFTY-ONE
DOLLARS ($2,551.00) per ERU. Except for a different value for the
wastewater capital charge, all other provisions of this Section 9
shall apply to said retail customers.
(3) Time Of Pavment. Beginning on the date the city
acquires the System from GOU, all water and wastewater capital
charges shall be paid prior to connection of a structure or
structures to be served by the city, or such other time as may be
specifically provided by city resolution, ordinance, agreement, or
permit; provided, however, that the city may permit installment
payments of any water or wastewater capital charges upon such
tests and conditions as the city deems appropriate.
(4) oetermination of Eauivalent Residential unit
Factors for Water and Wastewater Services.
(a) For purposes of calculating and imposing the
wastewater capital charge provided for in this Section 4, the ERU
factor for any particular connections shall be calculated and
imposed in the manner provided as follows:
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Establishment
Residential
single Family Home
Ouplex (lor 2 bedrooms)
Duplex (3 or more bedrooms)
MUlti-Family (lor 2
bedrooms)
MUlti-Family (3 or more
bedrooms)
Mobile Home (lor 2
bedrooms
Mobile Home (3 or more
bedrooms
commercial
Auditorium/Meeting Rooms
Barber/Beauty Shop
Food Service
Restaurant/Cafeteria
Restaurant (24 Hours)
Restaurant ("Fast Food")
Bar/Cocktail Lounge
Hotel/Motel
not including food service
banquet & meeting rooms, &
guest laundry
Motel (See Hotel)
Office Building (not including
food service and retail space)
Service station
Add
Add
Theater
Dinner Theater
Trailer Park (Overnight)
Oentist Office
21
unit
Per Unit
Per unit
Per Unit
Per unit
Per Unit
Per Unit
Per unit
Per Seat
Per Opr. Sta.
Per Seat
Per Seat
Per Seat
Per Seat
Per Room
Per 100 sq. Ft.
Per Bay
Per Wash Bay
Per Toilet
Per Seat
Per Seat
Per Space
Per oentist
Per Wet Chair
ERU
Factor
1. 000
0.833
1.000
0.833
1. 000
0.667
0.833
0.019
0.340
0.113
0.189
0.057
0.075
1. 000
0.038
1.132
3.663
1.132
0.012
0.075
0.377
0.943
0.755
. .
Ooctor Office
Schools (Middle & High)
Per Ooctor 0.943
Per Seat 0.011
ERU
Unit Factor
Per Student 0.075
Per Student 0.028
Per Student 0.472
Per Machine 1. 510
Per Restroom 1.500
Church
Establishment
Schools (Elementary,
Oay Care & Nursery)
Schools (Boarding)
Laundry (Self-Service)
Retail Store/w Self Service
Gas Pumps
(Add remaining fixture units)
(Without pumps use fixture units)
Automotive Repair & Maintenance
Stores
Per Bay
0.500
(b) One equivalent residential unit (ERU) shall,
for purposes of this section, have an assigned value of 1.00. For
wastewater service capacity, one ERU is hereby established and
determined to be equal to a flow of 200 gallons per day, average
annual basis (200 GPO), or such other value as may be later
approved or determined by the Florida Department of Environmental
Protection.
(c) For water service capacity, one ERU is hereby
established and determined to be equal to a flow of 250 gallons
per day, average annual basis (250 GPO).
(d) The "total equivalent residential unit value"
for an establishment shall be calculated by multiplying the ERU
factor listed above by the number of units, and shall be rounded
up to the nearest 0.5 ERU factor.
(e) For all establishments not listed above, the
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total wastewater equivalent residential unit (ERU) value for
wastewater service capacity shall be determined by multiplying the
number of fixture units, as published in the Standard Plumbing
Code, by thirty (30), and then dividing that numerator by two
hundred (200). For example:
Total Wastewater ERU Value = Number of Fixture units ~ 30
200 GPO/ERU
The wastewater capital charge shall be determined by using the
following formula:
Total ERU Value x $1,650.00 = wastewater capital charge
(f) For all establishments not listed above, the
total water equivalent residential unit (ERU) value for water and
service capacity shall be determined by multiplying the number of
fixture units, as published in the Standard Plumbing Code, by
thirty (30), and then dividing that numerator by two hundred fifty
(250). For example:
Total
ERU
Value
= Number of
250 GPD/ERU
Fixture
units
~ lQ
The water capital charge shall be determined by using the
following formula:
Total ERU Value x $1,100 = water capital charge
(g)
The
above
ERU
Schedule
applies
to
establishments being connected to the City of Sebastian Water and
Wastewater System.
(5)
Capital
Improvement
Funds:
Establishment:
Expenditure Guidelines: Application and Pledqe to Revenue Bonds.
(a) The water capital charges collected pursuant to
this Ordinance shall be deposited into a fund called the
"Sebastian Water System Capital Improvement Fund" and the
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wastewater capital charges shall likewise be deposited into a fund
called the "Sebastian Wastewater System Capital Improvement Fund".
The water capital charges so deposited shall be used only for the
acquisition of the city's water system and all components thereof
and additions thereto, and the construction and acquisition of
additions and extensions to the city's water system and all
components thereof including raw water supply facilities,
transmission facilities, mains, ground storage facilities, new
pumping facilities, water treatment plants, and distribution
facilities in order to provide additional water treatment capacity
or water service capacity to those new customers who connect to
the city's water system. The wastewater capital charges so
deposited in the above-mentioned fund shall be used only for the
acquisition of the city's wastewater system and all components
thereof and addi tions thereto, and the construction and
acquisition of additions and extensions to the city's wastewater
system and all components thereof, including collection
facilities, transmission facilities, treatment facilities, and
effluent disposal facilities, in order to provide additional
sewage treatment capacity, effluent disposal capacity, or
wastewater service capacity to those new customers who connect to
the city's wastewater system.
(b) The city may by resolution provide for the
application of some or all of the water and/or wastewater capital
charges to the payment or security for the payment of revenue
bonds issued in whole or in part for the purpose set out in
Subsection 9 (5) (a) hereof, provided that the amount of water
and/or wastewater capital charges applied to the payment of such
24
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bonds shall not exceed the amount of bond proceeds actually
expended for such purpose with interest at the average rate borne
by said bonds. Such application or pledge may be made directly in
the proceedings authorizing such bonds or in an agreement with an
insurer of bonds to assure such insurer of additional security
therefor.
(6) APplication: Allocation of Water and/or Wastewater
Service Capacitv. No water and/or wastewater service capacity
shall be sold pursuant to the water and/or wastewater permit, nor
shall any such permit be issued until application therefore is
received by the City. The city may require all information on
said application that it deems reasonable and necessary, and may
reject applications it determines are incomplete. Any application
for a water and/or wastewater permit shall contain a legal
description of the land constituting the service area for which
the said permit is to be issued. The legal description shall
include only those lands owned by the applicant for which the
water and/or wastewater permit is to serve. If any such person
described hereinabove fails to apply for and purchase water and/or
wastewater service capacity under these rules, the city may
consider said failure in determining whether or not to grant or
deny any development or construction permit or approval or
rezoning application filed by said person. The city shall, ~e Qy
separate ordinance, establish rules for the allocation of water
and/or wastewater service capacity, and may, by resolution,
establish a fee for application review payable by applicants.
(7) Annual Rate Indexinq Adiustment. The city hereby
adopts an annual automatic rate increase to all capital charges
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set forth herein and which shall be applied to such charges which
are in effect immediately prior to the effective date of each
suchannual increase. The purpose of such annual rate indexing is
to provide annual rate adjustments commensurate with the
escalation of utility operating expenditures and inflation. The
annual rate index shall be the greater of either the Consumer
Price Index (CPI) factor or a minimum of 3.0% per year for the
fiscal years, beginning October 1, 1994 through and including
october 1, 1997, and equivalent to the CPI factor thereafter.
Each annual increase shall take effect and be imposed on bills
rendered on and after October 1st of each fiscal year.
SECTION 10. RESPONSIBILITY FOR COLLECTION. DISTRIBUTION AND
TRANSMISSION COSTS.
In addition to the water and wastewater
capital charges, the applicant or customer shall either provide,
or pay the capital costs (including land costs) of the required
capital improvement for:
(1) the collection of raw sewage within the boundaries
of the property owned by the developer or customer to which the
city intends to provide wastewater service capacity;
(2) the transmission of sewage from those boundaries to
the city's collection and transmission facilities prior to
connection to treatment facilities; and
(3) the transmission and distribution of water from the
City'S water treatment facilities to the applicant's or customer's
property.
The City shall allow the developer or customer to connect to the
nearest feasible point as determined by the city.
The City is
considering the later adoption of a more detailed utility
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extension pOlicy. until such time as said policy is adopted, this
section 10 shall control.
SECTION 11. RETURNED CHECK CHARGE. There shall be a charge
for each check returned to the city as a result of insufficient or
non-collective funds.
The fee shall amount to twenty dollars
($20.00) or 5% of the face amount of each returned check,
whichever is greater, for each returned check received by the
city.
SECTION 12.
LATE PAYMENT FEES.
There shall be a charge
incurred on those customers delinquent in the payment of the
monthly utility bills.
The fee shall amount to $2.00 plus 1.5%
per month of the unpaid balance but not amounting to less than
$5.00.
SECTION 13. MISCELLANEOUS SERVICE CHARGES. The city hereby
adopts the following miscellaneous water and wastewater system
service charges.
The amount to be charged to the customer for
these specific services are as follows:
(1)
Schedule.
The city Counci 1 hereby adopts the
miscellaneous water and wastewater system service charges, rates
and fees schedule set forth herein.
Park Place Surcharge (1)
$ 10.00 Per Month
1. The $10.00 per month surcharge will be billed through
August, 1999 in accordance with the July 11, 1989
Takeover Agreement.
Issuance of Ouplicate Bill
Sewer Tap
2.50
Cost Plus Overhead
Meter Reolacement
5/8 x 3/4 Inch
1 Inch
1-1/2 Inch
2 Inch & Larger
$100.00
$125.00
$300.00
Cost Plus Overhead
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Water Removal
5/8 x 3/4 Inch
1 Inch
1-1/2 Inch
Water Service Connection
5/8 X ~ Inch Meter
1 Inch Meter
1-1/2 Inch Meter
Larger Than 1-1/2 Inch Meter
Sewer Service Connection
Residential
Commercial and Other
Paved Road Cuts
Road Jacking & Boring
Grass Restoration
Unauthorized Use of Fire Hydrant
General Service Call
Oamage Repair
Line Location
Enqineering Services
Site Plan Review-Under 40
Units & without Lift Station
Site Plan Review-Over 40
Units or with Lift station
Inspection Fee
water Per connection
Sewer Per Connection
Hydrant Flow Test
Fire Protection Charge-Per Year
$ 30.00
$ 30.00
$ 40.00
$400.00
$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
Cost Plus Overhead
$100.00 Plus
Cost Plus overhead
Cost Plus overhead
Cost Plus Overhead
$ 50.00 Minimum
Cost Plus overhead
$150.00 Minimum
$ 25.00
$ 25.00
$ 60.00
$170.00
(2)
Annual Rate Indexinq Adjustment.
The City hereby
adopts an annual automatic rate increase to all rates, fees and
charges set forth herein and set forth in Sections 5, 6, 7, 8, 11,
and 12 of this Ordinance, and which shall be applied to such rates
and charges which are in effect immediately prior to the effective
28
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date of each such annual increase. The purpose of such annual
rate indexing is to provide annual rate adjustment commensurate
with the escalation of utility operating expenditures and
inflation. The annual rate index shall be the greater of either
the Consumer Price Index (CPI) factor or a minimum of 3.0% per
year for the fiscal years october 1, 1994 through October 1, 1997,
and equivalent to the CPI index thereafter. Each annual increase
shall take effect and be imposed on bills rendered on and after
October 1st of each fiscal year.
SECTION 14. ESTABLISHMENT OF A WATER SYSTEM RATE SCHEDULE.
The city Council shall establish and adopt by separate resolution
a Water System Rate Schedule. The City Council may modify the
water system rate schedule for time to time by Resolution.
SECTION 15. ESTABLISHMENT OF A WASTEWATER SYSTEM RATE
SCHEDULE. The city Council shall establish and adopt by separate
resolution a Wastewater System Rate Schedule. The city council
may modify the wastewater system rate schedule for time to time by
Resolution.
SECTION 16. ABNORMAL STRENGTH WASTE SURCHARGE FACTOR. For
those customers which the city has agreed to serve and either the
customer or the Ci ty has determined that the strength of the
sewage is greater than 300 parts per million (ppm) of biochemical
oxygen demand (BOO), or chemical oxygen demand (COO), or total
suspended solids (TSS), then an abnormal strength surcharge will
be applied to the monthly bill. The greater concentration of
either BOO or coo will be used in the surcharge calculation, but
not both. The surcharge factor is calculated in the following
manner: Concentration of BOD or COO in ppm less 300 ppm plus
29
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concentration of TSS in ppm less 300 ppm totaled and then divided
by 300 ppm. The total monthly bill is calculated by the addition
of one (1) plus the surcharge factor totaled and then multiplied
by the normal bill.
SECTION 17. ENFORCEMENT; VIOLATIONS; PENALTIES.
Violations
of the provisions of this Ordinance or failure to comply with any
of the requirements set forth therein, including violation of
conditions of any wastewater disposal permit shall be prosecuted
as provided by law.
Each day such violation continues shall be
considered as separate events.
Nothing herein contained shall
prevent the city from making such other lawful actions as is
necessary to prevent or remedy any violations, including seeking
injunctive relief in a court of competent jurisdiction, or
terminating service as permitted by law.
SECTION 18. LIBERAL CONSTRUCTION AND INTERPRETATION. In the
interpretation and application of this Ordinance, all provisions
shall be considered as a minimum requirement, liberally construed
in the favor of the City, and deemed neither to limit or repeal
any other powers granted under state law.
This Ordinance is
cumulative and supplemental to existing City laws, ordinances,
rules and regulations.
Where this Ordinance and the provisions
contained herein conflict or overlap with any other city law,
ordinance, rule or regulation, whichever imposes the more
stringent restriction shall prevail.
SECTION 19.
SEVERABILITY.
If any section, subsection,
sentence, clause, phrase, or portion of this Ordinance is for any
reason held invalid or unconstitutional by any court of competent
jurisdiction, such portion shall be deemed a separate, distinct
30
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" l' I. ...
, ,
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'f. "... "
and independent provision and such holding shall not affect the
validity of the remaining portions thereof.
SECTION 20. CONFLICTS. In the event of any conflict between
the provisions of this ordinance and any other ordinance,
resolution, or portions thereof, including but not limited to
Ordinance No. 0-92-15 and Resolution No. R-93-23 the provisions of
this ordinance shall prevail to the extent of such conflict.
SECTION 21. EFFECTIVE DATE. The Ordinance shall take effect
on the date the city obtains title to the System from GOU.
The foregoing Ordinance
councilmember M<..k<-<I
was
moved
for
adoption
by
. .
The motion was seconded
by Councilmember
.c:</ /
,r --~<.R.e/'~-t'L,,;[ .
, and, upon being to a
vote, the vote was as follows:
Mayor Lonnie R. Powell
Vice-Mayor Frank Oberbeck
Councilmember carolyn Corum
Councilmember Norma J. Oamp
Councilmember Robert Freeland
~-'
dJIC.,
At,,;;/
~#
~Z.i
The Mayor thereupon declared this Ordinance duly passed as
,.....---\ ~
....1-.. I . I )
adopted this /a:.r..; day of "C/~ce_.;I. t'....- , 1993.
B
ATTEST:
(S E--A L)
31
, v
* ~ .'n I
"1 ! ~.' ·
.,. ,- ~ \
+ 1, ..
I HEREBY CERTIFY that notice of public hearing on this
Ordinance was published in the Vero Beach Press Journal as
required by state statute, that one public hearing was held on
this Ordinance at 7: 00 p.m. on the ld day of n ~-.-CP../77L,j'pI) ,
-
1993, and that following said public hearing this Ordinance was
passed by the city Council.
/{), ll/ {t{{~--
Halloran, CMC/AAE
(S E A L)
~~o Form and Content:
harles Ian Nash, City Attorney
32