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Home My WebLink AboutR-93-23RESOLUTION NO.: R-93-23 A RESOLUTION OF THE CITY OF SEBASTIAN, INDIgeN RIVER COUNTY, FLORIDA, ADOPTING WATER AND WASTEWATER UTILITY RATES; PROVIDING FOR REPEAL OF RESOLUTIONS OR PARTS OF RESOLUTIONS IN CONFLICT HEREWITH; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City of Sebastian, Indian River County, Florida owns and operates a municipal water and wastewater utility; and WHEREAS, the city has previously established rates with respect to said utility by Ordinance No. 0-92-15 of the City of Sebastian; and WHEREAS, ordinance No. O-92-15 provides that water and wastewater utility rates may, from time to time, be amended by resolution of the City Council; and WHEREAS, the Indian River County Take-Over Agreement with Nelson Hyatt dated July 11, 1989, requires a $10.00 per month surcharge for Park Place customers; and WHEREAS, the Interlocal Utilities Agreement with Indian River County dated April 15, 1992 assigned the County's interest in the Hyatt agreement to the City; and WHEREAS, the rates adopted pursuant to Ordinance No. O-92-15 did not include the $10.00 per month surcharge for Park Place customers. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, that: 5~tiOn 1~ UTILITY RATES FOR WATER AND WASTEW~TER SERVICES TO CUSTOMERS SERVICED WITHIN THE CORPORATE CITY LIMITS OF THE CITY OF SEBASTIAN. The City hereby adopts water and wastewater rates as set forth in Exhibit "A" to this Resolution. Section 2. CONFLICT. Ail resolutions or parts resolutions in conflict herewith are hereby repealed. of Section $. SEVERABILiTY. In the event a court of competent jurisdiction shall hold or determine that any part of this Resolution is invalid or unconstitutional, the remainder of the Resolution 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 Resolution without such invalid and unconstitutional provision, thereby causing said remainder to remain in full force and effect. Section 4. EFFECTIVE DATE. This Resolution shall take effect as of May 1, 1993. The foregoing Resolution was moved for adoption by Councilmember ~L4~ · The motion was seconded by Counc ilmember ~~v and, upon being put into a vote, the vote was as follows: Mayor Lonnie R. Powell Vice-Mayor Frank Oberbeck Councilmember Carolyn Corum Councilman Norma J. Damp Councilman Robert Freeland The Mayor thereupon declared this Resolution duly passed as adopted this /_~ day of ~~ , 1993. CITY OF~E/B~STIAN, FLORIDA L~o~n~ R. Powel~, Mayor Attest: Kathryn ~M. O'Halloran, CMC/AAF~ ci.~_y Clerk (SEAL) Appr~~/~to Form Ch~les. Ian Nash cify Attorney and Content: SCHEDULE OF WATER 2~ND SEWER I~TES, FEES 2~qD CH2~RGES 1993 NONTHLY P~%TES ~993 Water Billing Charge - Per Account $2.00 Base Facilities Charge Where Lines Are Available - Per ERU $9.20 Base Facilities Charge Where Capacity is Reserved But Lines Are Not Available - Per ERU $4.60 Volume Charqe 0 to 3,000 Gallons Per Month Per ERU Except Irrigation Only - Per 1,000 Gallons Per Month $1.75 3,001 to 7,000 Gallons Per Month Per ERU and Irrigation Only ~ - 7,000 Gallons Per 1,000 Gallons $2.15 Over 7,000 Gallons Per Month Per ERU - Per 1,000 Gallons $2.55 Excess Volume Surcharge For Use Greater than 13,000 Gallons Per Month Per ERU - Per 1,000 Gallons $2.30 Sewer Billing Charge - Per Account $2.00 Base Facilities Charge Where Lines Are Available - Per ERU $13.50 Base Facilities Charge Where Capacity is Reserved But Lines Are Not Available - Per ERU $6.75 SCHEDULE OF WATER AND SEW~'R I:~"~ES, FEES AND CHARGES ~993 (continued) Volume Charge - Calculated as 85% of Water Use - Per 1,000 Gallons - 10,000 Gallon Per Month Maximum for Residential Customers Excess Volume Surcharge For Use Greater than 11,000 Gallons Per Month Per ERU - Per 1,000 Gallons Excess Sewage Strength Charge Excess Sewage Strength Charge Applicable to Customers Required to Use Greasetraps But Who Have Obtained a Variance Due to Hardship or Financial Unfeasibility SeDtaqe Charge Per 1,000 Gallons IMPACT FEES Water - Per ERU Water Treatment and Storage Water Transmission Total Sewer - Per ERU Wastewater Treatment and Sludge Disposal Effluent Disposal Wastewater Transmission Total $3.35 $4.45 Sewage Charge* Ration of Total Dissolved Solids or Biochemical Oxygen Demand in milligrams Per liter / 250 $105.00 $973.00 $597.00 $1,570.00 $1,159.00 $716.00 $676.00 $2,551.00 2 SCHEDULE OF WATER ~,ND SEWER RATES, FEES i~D CHARGES ~993 (continued) Impact Fees For 1994 and Subsequent Years Will Be Increased In Proportion to the Engineering New Record Construction Cost Index Applicable to Indian River County OTHER Park Place Surcharge* Deposits Required Upon Opening, Transferring, or Reconnecting Service Residential and Commercial - Per ERU Hydrant Meter interest Rate Paid on Deposits Charge for Returned Check Issuance of Duplicate Bill Sewer Tap Meter R~Dlacement 5/8 Inch 1 Inch 1 1/2 Inch 2 Inch and Larger Meter Re~oval 5/8 Inch 1 Inch 1 1/2 Inch and Larger $10.00 Per Month $50.00 $345.00 Prevailing Interest Rate on State ~oard $20.00 $1.50 Cost Plus Overhead $100.00 $125.oo $30o.o0 Cost Plus Overhead $30.00 $30.0o $40.00 * The $10.00 per month surcharge will be billed through August, 1999 in accordance with the July 11, 1989 Takeover Agreement. SCHEDULE OF WATER AND SEWER RATES, FEES ~ CHARGES 1993 (continued) Water Service Conneqtion 5/8 Inch Meter 1 Inch Meter 1 1/2 Inch Meter Larger Than 1 1/2 Inch Meter Sewer S~rvice Connection Residential Commercial and Other Paved Road Cuts Road Jacking and Boring Grass Restoration Unauthorized Use of Fire Hydrants Other and Extraordinary Services Meter Installation 5/8 Inch Meter 1 Inch Meter 1 1/2 Inch Meter 2 Inch Meter 3 Inch Meter and Larger Fire Hydrant Meter Water Service Reconnection During Working Hours After Working Hours $400.00 $460.00 $81o.00 Cost Plus Overhead $500.00 Cost Plus Overhead Cost Plus Overhead $200 Minimum Cost Plus overhead Cost Plus Overhead $115.oo Cost Plus Overhead $130.00 $200.o0 $50o.o0 $630.00 Cost Plus Overhead $25.00 $18.00 $25.0o SCHEDULE OF WATER AND SEWER I~TES; FEES AND CHARGES 1993 (continued) Meter Rereads and Leak Inspection Delinquency Charge General Service Calls Meter Test 5/8 inch Meter 1 Inch Meter 1 1/2 Inch Meter Damage Repair Line Location En~ineerin~ Services Site Plan Review - Under 40 Units and Without Lift Station Site Plan Review - Over 40 Units or With Lift Station InsDection Fee Water Per Connection Sewer Per Connection Hydrant Flow Test Fire Protection Charge - Per Year FRANCHISE CHARGE~ Application Fee $15.00 $2.00 Plus 1.5% Per Mo. Cost Plus Overhead $20.00 $20.00 Cost Plus Overhead $100.00 Plus Cost Plus Overhead Cost Plus Overhead $5o.00 Minimum Cost Plus Overhead $150.00 Minimum $25.00 $25.00 $60.oo $170.0o Cost Plus Overhead $50.00 Minimum 5 SCHEDULE OF WATER ~D SEWER I~TES, FEES ~ CH~RGES L993 Establish Franchise Franchise Name Change Franchise Territory Change Change of QwDersh~p 49 ERUs or Fewer 50 ERU$ or More Rate Hearinq 49 ERUs or Fewer 50 ERUs or More Public Hearing (continued) Cost Plus Overhead $1,100.00 Minimum Cost Plus Overhead $115.00 Minimum Cost Plus Overhead $115.00 Minimum Cost Plus Overhead $115.00 Minimum Cost Plus Overhead $300.00 Minimum Cost Plus Overhead $300.00 Minimum Cost Plus Overhead $575.00 Minimum Cost Plus Overhead $115.00 Minimum Re= Lake Delores Utilit~ ~ystem AMENDMENT TO AGREEMENT between INDIAN RIVER COUNTY, FLORIDA 1840 25th Street, Veto Beach, FL 32960 (hereinafter COUNTY) and NELSON HYATT 12505 North A-l-A, Veto Seach, FL 32963 (hereinafter HYATT) (Hyatt was referred in the 1989 Agreement as "Seller") THIS AMENDMENT WITNESSETH THATt WHEREAS, by agreement dated the llth day of July, 1989, between COUNTY and HYATT, COUNTY purchased HYATT's utility system for $777,000 to be paid for by a $10.00 per month surcharge on the utility bills of customers served by the system, for ten years or until $777,000 had been collected, whichever came first, and by delaying the obligation of HYATT to pay impact fees for units for five years; and WHEREAS, HYATT has received $60,396.76 from the COUNTY and $39,580.00 from the city of Sebastian toward the purchase price of $777,000.00; end WHEREAS, because of the.objections of some residents within the service area to paying a surcharge, the Utilities Department has negotiated with HYATT for an amendment to the agreement which would cancel this surcharge from the date of this amendment in exchange for extending the time during which HYATT could delay payment of impact fees for three years from the original expiration date; Now, Therefore, for and in consideration of the mutual covenants contained herein as well as other good and valuable consideration, the receipt of which is hereby acknowledged, the COUNTY and HYATT agree that the agreement between the COUNTY and HYATT dated July 11, 1989, a copy of which is attached, is hereby amended as follows~ 1. Paragraph 6 ~ "Impact Fees" is changed to read: After f~/~/f~/~/~/6f/~/~6~ July 11, 199~ HYATT or his successor shall be obligated to pay impact fees to the COUNTY, at the rate then current, for each unit which thereafter requires a Certificate of Occupancy. Units which have had a Certificate of Occupancy issued to them before ~6~ Jq~y 11, 1997, must have an impact fee paid when that unit is resold, without regard to the f~96~/~Z~R/~/~66/~6~6d 1997, date. ~/~6~/6~ Immediately after such sales are closed, ~EZZ~R HYATT or HYATT's successor in title shall ~6~66~ pay, or collect ~n~.pay, the impact fee ~/~/~ to COUNTY. On all other closings.,.. HYATT shall require that each new purchaser of a unit in the Park execute a disclosure form acknowledging that the new Durchaser has been informed that impact fees will have to be paid when the unit it resold. 2. Paragraph 7 - "Surcharge on Rates" is deleted. (page one of two) IN WITNESS WHEREOF, COUNTY and HYATT have entered into this amendment on this day of Attest: , 1995. INDIAN RIVER COUNTY, FLORIDA by its Board of County Commissioners Jeffrey K. Barton, Clerk sign Witness printed name~ sign Witness printed name= Attest: Kathryn~O Halloran, City Clerk Kenneth R. Macht, Chairman " - Nelson Hya~ / CITY OF SEBASTIAN, FLORIDA Arthur Firtion, Mayor Attachment: Agreement of 7/11/89