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HomeMy WebLinkAbout1987 - PolicyAskAsw A7 C '�F�,z 2, Dopy v. w Glu THOMAS C. PALMER ATTORNEY AT LAW P.O. BOX 145, 1627 U.S. HWY. OP1, SEBASTIAN, FLORIDA 32958 305-589-7550 December 22, 1987 TO: Bruce Cooper Building Official Re: Mandatory Connections to Water Service. (Private Utility). I enclose a copy of a judicial opinion in a case style Rodney L. and Michelle Geirsdorf, et al. -v- City of Port St. Lucie, Florida, No. 84 -623 -CA -25, St. Lucie County, Florida. This case makes no distinction between land owners who had water service and those who did not. The language of this case suggests very strongly to me that a City may not compel mandatory hook-ups to water service, period. This applies to persons who are just constructing their homes and who do not have any well installed. Of course, it is most often in a landowner's best interest to elect to hook up when building a new house. You can advise them in those cases where water service is "available" so they can make an intelligent election. It is generally considered that having water service from a utility improves the value of real property, especially for resale purposes. Summary: According to the attached opinion, a City may not compel any propoerty owner to mandatorily hook-up to water service unless there is a genuine health problem involved in a specific case or cases. This opinion does not address municipally owned systems or combined water and sewer service systems. Thomas C. Palmer encl: as specified. cc: L. Gene Harris, Mayor General Development Utilities. Inc. PORT MALABAR. SEBASTIAN HIGHLANDS, JULINGTON CREEK SILVER SPRINGS SHORES. DIVISIONS 5240 BABCOCK STREET, N.E.. PALM BAY, FLORIDA 32905 December 21, 1987 Tom Palmer, Esquire City Attorney City of Sebastian P.O.Box 127 Sebastian, FL 32958 Dear Mr. Palmer: (305)723-2077 Re: Rodney L. and Michelle Geirsdorf, et al, vs. the City of Port St. Lucie, Case 084-623 As we discussed, per our telephone conversation, last Friday (12/18/87) our current problem with connection to the central water system in Sebastian is with the homes being constructed after the water lines are in place. I have attached a copy of the referenced Port St. Lucie case as you requested. Please advise as to action to be taken by the City to require connection by these builders. Thank you. Sincerely, GENERAL DEVELOPMENT UTILITIES, INC. Port Malabar, Sebastian Highlands, Julington Creek, Silver Springs Shores Buddy Eetschart Division Director BB:pjl Att. pc: J. Reece Fi le A General Development Subsidiary RODNEY L. AND MICHELLE GEIRSDORF, et al, Defendants, Appellants, Cross -Appellees, VS. IN THE CIRCUIT COURT OF THE NINETEENTH JUDICIAL CIRCUIT IN AND FOR ST. LUCIE COUNTY, FLORIDA CASE NO. 84 -623 -CA -25 THE CITY OF PORT ST. LUCIE, FLORIDA, Plaintiff, Appellee, Cross -Appellant. Is) 01);gU Appellants are homeowners within the city limits of the City of Port St. Lucie, Florida. By Ordinance 61-8 (1961), the City of Port St. Lucie granted to General Development Utilities the exclusive franchise to construct and operate a public water system within the city limits. Section 8 of.that Ordinance Pro- hibits the use of individual water systems where the public water system is available. All persons owning improved proper- ty where the public water system is available are required to connect to the system. The ordinance allows the continued use of the individual water systems for irrigation purposes only. Appellants' houses all have individual water systems that were in operation prior to the public water system being -availa- ble.' Appellants were advised by Appellee, City of Port St. Lucie, that water service was available, but Appellants refused to connect to the system. The Code Enforcement Board of the City of Port St. Lucie began proceedings against each Appellant for violation of Section 8 of Ordinance 61-8. Appellants were found to be in violation of said section and an order of enforce- ment was entered. Appellants appealed to this Court the orders of enforcement. Appellants have raised two points on appeal: (1) That the Code Enforcement Board of the City of Port St. Lucie does not have jurisdiction over the subject matter (Section 8, Ordinance 61-8) and conse- • 4)j quently cannot compel connection to the public water system, and (2) That Section 8 of Ordinance 61-8 is invalid.. The Court finds that both points raised by Appellants are meritorious. At the time of Elie Code Enforcement Board's act-ione in this case its jurisdiction was set out in Florida Statute §162.02 (1982): "...enforcing the technical codes in force in counties and municipalities, including but not limited to, occupational license, fire, building, zoning and sign codes." Section 8 of Ordinance 61-8 is not a portion of any tech- nical code of the City of Port St. Lucie and does not come within the jurisdiction of the Code Enforcement Board. It is fundamental law that if.the jurisdiction of the Code Enforce- ment Board is improperly involved Elie proceedings held subse- quently cannot stand. The Court also finds that the City of Port St. Lucie had no authority to enact Section 8 of Ordinance 61-8. The City does not contend, nor has there been any proof, that Appellants' private water systems constitute any kind of health hazard. The exercise of police power by a municipality must be reasonable and have a clear relationship to the health, welfare, or safety of the city's residents. A landowner will not be required to sacrifice his rights without a showing that there is a substantial need for the restriction in the interest of the public health, safety or welfare. The Court finds that Section 8 of Ordinance 61-8, rather than being a valid exercise of the City's police power, is instead a heavy-handed, unreasonable effort to promote the eco - noetic welfare of General Development Utilities. "There is no case law in Florida which directly deals with this issue, however, in City of Midway v. Midway Nursing and Convalescent Center, Inc., 195 S.E. 2d 452 (Ga. 1973) the Georgia Supreme Court confronted the issue of whether a city had the authority to compel the use of its water system. The Court examined the argument of the City of Midway that its or- dinance was to promote and protect the health of its citizens and rejected it. The same reasoning used in Midway applies here. There is no showing that the individual water systems of Appellants are inadequate or unsafe. In fact, the City of Port St. Lucie admitted in each hearing that Appellant's water could be assumed to be potable. This Court holds that the Code Enforcement Board lacked jurisdiction to compel Appellants' connection to the General Development Utilities water supply. however, even if it had, the Court further holds that Section 8 of ordinance 61-8 of the City of Port St. Lucie is invalid. This opinion assumes that the property owners will have to pay for the cost of connecting their property to the water supply system of General Development Utilities. It is possible that as long as a check valve system is used and there is no charge to the property owner such a connection might"be justi- fied on the basis of a potential future emergency. However, one must always remember the argument about aluminum and fluo- ride in public water systems causing alzheimer's disease and kidney stones respectively. Some of our fellow citizens might prefer other sources of water. Lastly, it should be pointed out that when one of the property owners brought the clerk and the file to this court he "ad libed" that lie had heavy fines levied against his pro- perty thus preventing him from selling his home. At the oral argument of the case the counsel for the Defendants said this was incorrect. In the future each elected public official and each public employee should remember Section 21 of Article 1 of the Florida Constitution which states: "Access to Courts: The Courts shall be open to every person for redress of any injury, and justice shall be administered without sale, denial or delay." Section 17 recites: "Excessive punishments - excessive fines, cruel or unusual punishment- are forbidden." For the last- forty years the writer has wondered if pre- venting citizens from getting into the Courts by heavy handed fines would cause each elected official and each public employee to be liable under Title 41 Section 1983 of the Civil RiGhts Act? This Federal law states: Every person who, under'color of any statute, ordinance, regulation, custom, or usage, of any State or Territory, subjects, or causes to be subjected, any citizen of the United States or other person within the jurisdic- tion thereof to the deprivation of any rights, privileges, or immunities secured by the Con- stitution and laws, shall be liable to the party injured in an action at law, suit in equity, or other proper proceeding for redress. Perhaps fines should be levied only after a Court finds the Defendant responsible? Is an ounce of prevention worth a pound of cure? The decisions of the Code Enforcement Board of the City of Port St. Lucie in each of Appellants' cases are reversed. DONE AND ORDERED in Saint Lucie County, Fort Pierce, Florida this (3 �% ! day of JV 61;:y' ut., L , 1906. 7:50783 :4 PI q r1 N� v ERNON N. SIDAWAY, III ATTORNEY AT LAW Riverhouse Professional Building Suite 102, 200 S. Indian River Dr. Fort Pierce, FL 33450 May 22, 1986 David B. Douglass Court Administrator Room' 401 St. Lucie County Courthouse Fort Pierce, Florida 33450 Re: Rodney L. and Michelle Geirsdorf, et al,.. vs. The City of Port St. Lucie, Florida Case No.: 84 -623 -CA -25 co Dear Mr. Douglass: (305) 465.3236 (Home E 011lce) On March 13, 1986, Judge Nourse signed an Order in the above - styled cause reversing the decisions of the PSL Code Enforcement Board. On March 28, 1986 Roger Orr on behalf of the Appellee, City of Port St. Lucie, filed a Motion for Rehearing. This was apparently never ruled on by Judge Nourse before he left the bench May 1st. As I understand Rule 9,330 of the Florida Rules of Appellate Procedure this motion is simply to be ruled on by the judge without the necessity of a hearing. In reviewing Mr. Orr's motion I find nothing in it that was not raised in the briefs or at oral argument. One of my clients is attempting to sell his home and the deci- sion of the Code Enforcement Board is showing as a lien on the pro- perty. He is supposed to close by May 30th. I would appreciate it if this motion could be ruled on by a circuit judge and an order entered prior to May 30th. I have en- closed proposed order. Very truly your , Ernon N. Sidaway, IIff— ENS:ara Enclosure NON N. SIDAWAY. III ITiORNEY AT LAW tX 2W(1 j )SZr, DI }OX 1IXXXV,M&"W iK I Flo,cn. Florltln 31/50 130SI 1053235 IN THE CIRCUIT COURT OF THE NINETEENTH JUDICIAL CIRCUIT IDI AND FOR ST. LUCIE, COUNTY, FLORIDA �-�--�a3cn-as RODNEY L. AND MICHELLE GIERSDORF, et al., Defendants, Appellants, VS. CITY OF PORT ST. LUCIE, FLORIDA, Plaintiff, Appellee. STIPULATION COME NOW Appellants, RODNEY L. and MICHELLE, GIERSDORF, WALTER REINHARDT, GERALD and BEVERLY M. BRUNNELLE, FREDERICK BUSSARD, EMANUEL CASELLA, DOUGLAS M. and MARILYN C. RINEAR, ANDREW F. and KATHERINE SALVO, FRANK SAUNDERS, and ALFRED G. and CHRISTINE STANCO, by and through their under- signed attorney and Appellee, City of Port St. Lucie_, Florida, by and through their undersigned attorney, and stipulate to a stay the final orders rendered August 14, 1984, and attached hereto, pending review and final determination by this Court. 11 _ 1U. " 200 South Indian Rive r. Suite 102 Fort Pierce, F1. 33450 ORDER 21ty Attorney Port St. Lucie, F1. 334 THIS CAUSE coming before the Court upon Stipulation of the parties hereto, it is therefore, ORDERED that the final orders rendered by the Code Enforcement Board, City of Port St. Lucie, Florida, on August 14, 1984, and attached hereto, are stayed pending review and final;deterinination by this Court. DONE AND ORDERED at Fort- Pierce, Florida, this day of mer, 1984. f� �l CIRCUIT JUDGE COLE ETIFORLrErr BOARD C11Y OF PORT Sr. UXU_ SLUE OF FLORITA CASE No, CED 84-93 0MT1I OF Sr. IIJCLE 3E: vICdATICN OF PORT sT, L11CIE CITY COLE sEcricti ordinance 61-8, Section 0 liclatLcn Address: 1911 Carvalho Street, Port St. Lucie, Florida 33452 lien Against: Lot 6,'Block 586, Section PL 13 ha Cada Enforcement Board has heard tesc=aT at the Cade Enforce mt: Viclarim Hear, :aLd the n Fnrra..�nr �rorg Au umo �STiiDii`I 1-9 e�'t1CT�.based cu: the evidEnr-, the Code CCNCWSICrIs OF LAW, ACID ORI:Z;R_. FUMMGS 'OF.. Ft= That Alfred G. and Christine Stanco, 1911 Carvalho Street, Port St. Lucie, Florida, are in violation of Ordinance 61-8, Section 8, requiring that all persons owning improved property fronting on a street wherein water dis- tribution service is available shall connect the improvements upon such premises in the manner as provided by the ordinance. The defendant has a dwelling house on his lot fronting water distribution service which is available and has failed and refused to pay the necessary connection charges for the connection to said service. CCNCIII5IC 1S QF UJI The Code Enforcement Board has jurisdiction in the applicability of the aforementioned code violation, the alleged violator committed the viola- tion and an order of enforcement is warranted. If the order of enforce- ment is not complied with by October 8, 1984, a fine of $25.00 per day shall be imposed. . QiII�IZ is tba.OrdOX.of this BOard.that ALFRED G. AND CHRISTINE STANCO fly with SQCtical . 8, Ordinance - shall Pett' -St. Lucia,. or or Cit? ctober 8 1984 •D G. AND CHRISTINE earn not caip y wi tsxne specL-- s pay a t-Jne or ar day n the violaticu c[r-irn,eg to east. Alfred G. and Christine Stanco does nor camly within the Office a� aha . Clarfc 'Y or. �s Omar snalL Ee recorded in. the public records of uti tat¢ a ltan of the Circuit CC= in and. for St_ LLlcia, ani mce recorded shat _ against. the does nocY Wcrl-wbi-ch t5a. vioTaticri exists, if coaled by the br tha viol==. lator does noc c" the l-md, upo¢ aaY real. = perscnal prcpertl '¢ �lYing, Alfred G. and Christine Stanco Pfirprnt Kellvl'.tne tar wt� sha]lnotLE7City Clerk's l _ � tna properc and no¢rj- oa=a uld a. disD=a.rn arise. c ora theme re li ccx. ana, either' Darty may request a. further hear E AM OR0�*=1A±jj_daY Of August 19 94 EST: !'-3 6 11�7J ?!;!7iIJ 759380- :-,: IN Tim CIRWIT Cowl CP .111E NINMEMI JUDICIAL CIRCUIT IN Atat rm 8r. ImiE m NIY .: ) FLCRIDA •'•` CASE ID. 86-96 CA •17 •��� DOLMAS M. MCCAM. rrr ` 11RS Ciii CI I'OR Sr IJICIE ' . r'„ .� 1k ., , n t 1;1 .;ter ...t ! Y• , , ( r � l; ,, � . .�,'1� ! 't IN •'qi� f .�.. ..Ili J•; �tl f{i ��,•!� ba,rleg reTleeed the file to this .mailer eed•llndlq m ..:., , ,,ytdsf it) M /ln.l erdv er nen fleet eaddr of a lover tribunal or a^a` to reeiw. most the subjeet matter baviq been pntrleeely herd on `�11 S '. (g. t. � '..♦ Ip .. .. 1 w 1 '� 7 F.iF .• 1 . r t - . a. ! 1'.af� rr� !A`srlbeerabto Wrper! J 8m1lha Clrwlt JedNa 1l to { 1 r., ,..[;^t a Vl j'Jafl•IS - •. f '�1. ♦a'1,�^(•11!I rrra ' ' t. math ,r ( }t'j 'I "y{''''S11•r: that lhU•eppekl to dla.d seed. wt tbwt p1r+J1ra1N. 3f .i' , of • Jeettelabh.t ren. j "!: • a A:,. tty N i' a5.. " DRi •.mal 08[lO20) et Cbwehobee. rlerlda this 28th dq e! Alprll. , 1� I 1986. . �1• r i `.,a )'' ` 1 r t r t' 1% i ! Ire' i1. f y Mfr - i" ' 1 F 1 ' .. .1' W ..n. . 1 All Omit Jedp 1 „ a'. Coal.• lumia6.d tel s 2t18 c11T e! Pbrt lit. Leele J ` l,' ,�': ,. ;: ; •' a 1 { � 1 I -.i - I t' It b I• f �'II ) , I I I ,•' �r) �/��tl 1 malts 1r '1 i -t1} t r d3 Vn'V sj,.-1a%p� .(lii'f'.ilp pp(5(t'tp}y,'A e / .,J''IAif' It ��.w: L>' ` .., 5•;.l:.aCll 5 d I i AMC OF CAPITALIZED ASSETS FRANCHISE SYSTEM W TER AND SEWER UPILITYI SEBASTIAN, FLORIDA , As of February 22,-1909 , "nitary Cystem Sanitary Sewar Lines !183,293 Wall Pointing and Lift Stations 149 29 Bawer System Sewer Plant Water Treatment Plant Water Line Distribution Wells Electrical Systam Lift Stations, Sewer and Water Plants EnSineerina and Permitting Sewer Plant Water Plant Sanitary Sewers and Lift Stations Park Ponds Caoltslirad Construction Period Intareat Nine month construction period at U.5% interest TOTAL CAPITALIZED A3Sk3 ALLOWANCE FOR DEPRECIATION TONAL CAPITALIZED ASSETS, NET See Accompanying Acpountants' Attestation'Report 94,610 73,990 164,101 13,245 11,035 13,434 15,000 28.000 5390,590 348,146 12,000 67,469 76,768 034,973 QEORQE R. Sxwxia,Jn.,P.L. GrtiA'nlPudG�,fndugfdryl' • N= TU_ STATrM tfr OF CAPITALIZED 603M0 FRANCHISE SYSTEM WA'T'ER AND SEWER UrILPPY11': SEBASTIAN FLORIDA As of. Fe ruary'22��909 1 , Note I The assets of ttie utility are reported at cost, including capital$sed construction interest costs, and are being depreciated over a 30 year life, using the straiSht- line method of depreciation. The report allowance of $55,665repreaonto 2 yeers depreciation, 0 Gaoeoe fl. Sxwrtta,.Jn.,Ec%• G+tigidPudfio.��at+,.„tan( a Y( e JUI'I V1 00 1.J01J. 11HIL DUACO C14 UVOJ �rUJ „ ' HSif A.AA Tarn1b gigolo, A, a 48094 'arnlhl$LOA r . U'L'InAddreee: P.O. Box 88 IrarmIrAtm LU 48359 n 680HQ33 R. §HA.MIZi JR., R Cl' Certified Heb/,o J000unraar 48401 W9$T XIQHT MIL{ MOAO) LIVONIA,MICHIOAN 4ele• AREA CCPK I21G) 47A•91000 MAILING APORKAN 1'.. 0. BON as FARMINGTON, MICHIGAN 440&4 NELSON HYATP D/E/A VILLAGES OF LAKE DOLORES CPAaK P ncc� Igo$ STATENRN'r OF REVENUES AND EXPENSES REVENUES Nov, 55@ ,930. Dec. 58@ 930. $1,650, 1,740. 0 3,390, EXPENSES Paid to Florida Power 6 Light 29561, Office Expanse 136. 2,691. NET REVENUE 0 693. George R. Shnmie, lr: Certified Public Accountant Parcel ID # '/26/gnta..ea_oo...,ty.3)vk Park Place Water Plant Site DOCUMENTARY STAMPS DEED 8•%o ! NOTE S S ' sv C 0 U N T Y D E E D JEFFREY K. BARTON, CLERK ' 0 J INDIAN RIVER COUNTY This Deed made this 16da .m pRl L Z r � Y of _f"I , 1993, by U m m 7J T m m and betweenZ '.Ta n p a -m 0 .o INDIAN RIVER COUNTY FLORIDA political a m n F G subdivision of the State of Florida, 1840 25th MISM, m Street, Vero Beach, FL 32960, COUNTY,➢ p S.Ci. M Ti and �n 0, p O the CITY OF SEBASTIAN, FLORIDA, a municipal i A z corporation existing under the laws of the State of Florida, the address of which is Post Office Box 127, Sebastian, FL 32978, CITY, W I T N E S S E T H i That COUNTY, for and in consideration of the sum of $10.00 and other good and valuable consideration to it in hand paid by CITY, receipt whereof is hereby acknowledged has granted, bargained, and sold to CITY, its heirs and assigns forever, the following described land lying and being in Indian River County, Florida: EXHIBIT "A" ATTACHED HERETO AND MADE A PART HEREOF This deed is subject to whatever rights Nelson Hyatt may have in the property by virtue of a warranty deed, dated January 18, 1990, recorded in 0. R. Book 859, Page 1327, of the Public Records of Indian River County, Florida. IN WITNESS WHEREOF the COUNTY has caused these presents to be executed in its name by its Board of County Commissioners, acting by the Chairman of said Board, the day and year aforesaid. INDIAN RIVER COUNTY, FLORIDA BOARD OF COUNTY COMMISSIONERS Atl:est By R Richard N. Bird, Chairman .,..: Approved by BCC 4/6/93 JeffreyK'.''Ba ton, Clerk p� STATE OF FLORIDA COUNTY OF INDIAN RIVER The Pregoing instrument was acknowledged before me this day of , 1993, by Richard N. Bird and Jeffrey K. Barton, aFY Chairman and Clerk of the Board of county Commissioners of Indian River County, Florida, a political subdivision of the State of Florida, on behalf of the said County. They are personally known to me and did not take an oath. RETURN TO FRES€, NASH & TORPY, P.A. 030 S. HARf3pR CITY BLVD. �I WFE 505 MELBOURNE, FL 32901 Notary` PtiLlic printed name: P/IxRIc14 0,E96-0 64'" Commission R PATRICIA DAr:1?1,:.L'3 Notary Public, 8t^t: My comm. expires AuveM 28, 19M No. AA 695578 APPROVED AS TO FORM AND LEGAL SUFFICIENCY BY TERRENCE P. O'BRIEN ASST. COUNTY ATTORNEY �O W W W en V O O �D -J t� c� b 4- Cn O 07i2Oi93 12:24 2 407 951 3741 FRESE.NASH et al ia 02 �m Lq-K E OB LoQES W i¢•TE,2 f- W�W >ALA � :'S ~• RECORD VERIFIED 3EFrnF.y v. : r^'i , 0 VThis Instrument vas s Prepared byr CLGRK GIPG'.:IT CDUI91' v"s •' IrinlArt nlvs, DOCUMENTARY STAMPS If rS rM law OIIIw N JEFFREY K. BARTON. CLERK FRE13 T. GALLAGHER F.0, a.. 1•DO warranty Deed INDIAN RIVER COUNTY vaeo u/tetr, rsaueA 32961.1903(STATUTORY FORM—SECTION 6119.01 F.S.) 0410 IILblp"f rr. Made this 18th day of January, 1990 . �rtwrrn NELSON HYATT, a/k/a NELSON C. HYATT, of the County of Indian River , Stan of Florida gnome,', and INDIAN RIVER COUNTY, a political subdivision of the State of Florida, whole port office address 1. 1840 25th Street, Vero Beach, Florida 37.960, el the County of Indian River , Slole of Florida , otantce•. 1011n►earth, That sold granter, for and in tensideralion of the turn of ____________________________Ten and no/100_____--__________-__-_-__ --------------------------- Dollar f. and other good and valuable considerations to said granter in hood paid by said grantee, the receipt whe,..l is hereby ocknawledgod, has granted, bargained and sold to she said granite, and grantee', heir and assiaos larva. the /ellowlnq described fend, slluole, lying and being In County. Florida, to -wit, Those two parcels of land as particularly described in Exhibit A attached hereto. Subject to easements, restrictions and reservations of record and taxes and assessments subsequent to December 31, 1989. This Deed is being given by Grantor to Grantee pursuant to that certain Agreement by and between the parties hereto dated July 11, 1989, pertain- ing to the County takeover of the utility system, and is further being given upon the specific condition contained in Paragraph 4 entitled "Right of First Refusal wherein the Grantee obligated itself to recon- vey said property described in Exhibit A hereto at such time as said property is no longer being used by Grantee in its utility operation or at the and of ten (10) years from the date of said Agreement, which- ever first occurs. I£ after the expiration of said ten-year period. the Grantee still requires the use of said property. Grantee shall, at that time, pay to Grantor the fair market value for said property. and said grantor deet hereby fully warrant the 60. fe sold land, and will defend th. some a9omst she lawful rinima M all persons whomsoever. e "Granter' and "gra751ee" are used to, ing.l., or plural, as <onnat roaubes. .311 W)SRIP158 irhrrrnr. Grantor hes hereunto sof groRysdwhond orrd scar the day and year first abase —roan. Signe eoled and dellvered in our pfe/encel f'n1� (Seal) NelSo C.'Flyat — .-- 150.11 To ts—'11 I^•� rr_ \'iIUn3C STATE OF FLORIDALt•-1f1�t tA1101ney COUNTY OF INDIAN RIVER CuunY I HFREeY CERTIFY that on this day bolero me, on officer duly a.Dtill.d to (oke ocknowtedq,nents, personally opp..,od NELSON HYATT, a/k/a NELSON C. HYATT, to me known to be the parson described In and he caecut0d the foregoing inrl.vmnnr and eco newl<dgod be/ere me that he eeocuted the tome. WITNESS my hand and official soot in the County and SI asl,ale,eseid this 18th day of January, 19 90 My commladen espbes, a Nelery public NOTARY PU7LIC. STATC OF rt.ORIDA. rl♦ COIA..Ile5luN cxr111ES1 Dec. Ir. t9aa. - r.....:."..,....,. C:G'_' -Y A77--Z.:-'."S IN S1:- 1 Vero Duch, Florida 327co Cr C< UC CT C... 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PROJECTED COSTS OF CONNECTING TO AN EXISTING WATER SERVICE LINE AND/OR EXISTING SEWER LATERAL ALREADY INSTALLED FROM THE MAIN TO THE PROPERTY LINE. Water Meter Installation Charge 5/8" x 3/4" meter $ 130.00 Water Deposit (Refundable after 2 years)* $ 50.00 Water Impact Fee *(see below) $1,100.00 Water Inspection Fee $ 25.00 TOTAL WATER CHARGES $1,305.00 Sewer Deposit (Refundable after 2 years)* $ 60.00 Sewer Impact Fee *(see below) $1,650.00 Sewer Inspection Fee $ 25.00 TOTAL SEWER CHARGES $1,735.00 TOTAL $3,040.00 2. PROJECTED COSTS OF CONNECTING TO AN EXISTING WATER AND/OR SEWER MAIN FOR A STANDARD RESIDENTIAL CUSTOMER WHERE NO SERVICE LINE OR LATERAL HAS BEEN INSTALLED FROM THE MAIN TO THE PROPERTY LINE. Water Meter Installation Charge 5/8" x 3/4" meter $ 130.00 Water Deposit (Refundable after 2 years)* $ 50.00 Water Impact Fee *(see below) $1,100.00 Water Service Connection $ 400.00 Water Inspection Fee $ 25.00 TOTAL WATER CHARGES $1,705.00 Sewer Deposit (Refundable after 2 years)* $ 60.00 Sewer Impact Fee *(see below) $1,650.00 Sewer Service Connection $ 500.00 Sewer Inspection Fee $ 25.00 TOTAL SEWER CHARGES $2,235.00 TOTAL $3,940.00 Note: Plumber's fees are not included for running a water or sewer service from the house to the service line or lateral at the property line. The plumber's fees are to be paid on an individual basis by each homeowner and will vary depending upon actual field conditions for each site. Refer to the attached sheet for various plumbing costs. 3. PROJECTED COSTS WHERE NO WATER MAIN OR SEWER MAIN IS PRESENT Where no sewer or water mains are available, the cost of installation will be determined based on the contract amount of the job as prorated over the area of development, in addition to the charges shown above for Item 1. * The City may elect to spread the cost of impact fees over the course of 10 years to the existing lot owner. * Deposits will be refunded, without interest, only if the customer has had a good credit history (no delinquent bills) over the course of two consecutive years. CITY OF SEBASTIAN UTILITIES DEPARTMENT Plumbing Costs to be paid by Residential Homeowners to Connect to the City Water and Sewer System 1. Installation costs of 30 linear feet of 3/4" SCH 40 PVC pipe from the water meter to the existing house plumbing range from $60.00 to $140.00. 2. Installation costs of 30 linear feet of 4" SCH 40 PVC sewer pipe from the property line to the septic tank range from $180.00 to $240.00. (cleanouts are not included). 3. Abandonment costs of a 950 gallon septic tank range from $200.00 to $300.00. 4. Lawn Restoration costs range between $50.00 and $100.00. Please note that the costs are based on a typical 30 linear foot run for the water and sewer service and abandonment costs are based on a current minimum size 950 gallon septic tank. Costs will vary depending upon actual field conditions for each site. Each individual customer must choose their own plumber and request an estimate to do the work. City of Sebastian POST OFFICE BOX 780127 ❑ SEBASTIAN, FLORIDA 32978 TELEPHONE (407) 589-5330 ❑ FAX (407) 589-5570 M E M O R A N D U M DATE: April 20, 1993 TO Robb McClary, City Manager FROM: Richard B. Votapka, Utilities Director RE Park Place Surcharge on Water Bills There are currently 164 customers on the Park Place Water System as shown on the Indian River County billing statement. By virtue of the Interlocal Utilities Agreement between Indian River County and the City of Sebastian, all customers pay a monthly $10 surcharge on their water/sewer bill. This charge amounts to $1,640 per month or $19,680 per year which is payable to Mr. Nelson Hyatt, the owner of Park Place. The County Take -Over Agreement consummated with Nelson Hyatt was dated July 11, 1989. Article 7 of the agreement state that "The surcharge shall be collected by the County for ten (10) years only or until $777,000 has been paid, whichever comes first, and funds so collected shall be remitted quarterly to seller.... the surcharge shall be $le per ERU." "The closing shall take place on or before August 1, 1989." To the best of his knowledge, Harry Asher, Assistant, Indian River County Utilities Director said the County started billing the customers on September 1, 1989. The last bill to include the surcharge would therefore be September 1, 1999. Based on this information, there would be six (6) years and four (4) months (76 months) of surcharge billing remaining from May 1, 1993 to September 1, 1999. Total surcharges at the present customer base for the next 76 months would be $124,640. Page 2 Memorandum to Robb McClary April 20, 1993 Jeanette Dale, secretary for Nelson Hyatt, gave me the following information regarding customer connections on a yearly basis: YEAR NO. OF CONNECTIONS 1986 12 1987 20 1988 25 1989 27 1990 34 1991 20 1992 14 1993 9 - TOTAL 161 Clubhouse 1 Total 162 (from Jan. to April) There is a discrepancy of two connections between the County's records and those of Park Place. Regardless, the number of connections on a yearly basis from 1991 to the present seems to be on the decline. I would imagine that the decline is certainly reflected by the overall economy. Assuming that growth will increase over the next six years, possibly an estimated growth would increase by 4 mobile homes each year above the preceding year. Therefore, a projected number of connections would be as follows: Per Year Total Surcharge Per Year Based on Avg. Connections 1993 18 182 173 x S120/year-$ 20,760 1994 22 204 193 x $120/year- 23,160 1995 26 230 217 x S120/year- 26,040 1996 30 260 245 x 5120/year- 29,400 1997 34 294 277 x 5120/year- 33,240 1998 38 332 313 x $120/year- 37,560 1999 42 374 353 x $120/year- 42,360 TOTAL SURCHARGE $212,520 Over 76 months tiYP-tCAL SARK Pl hGE- 31LL 4I i't�93 Z-0f,A 1,�, Co. UTL�Z�ES Pte. Aecou✓Z w 62033-62700 2116 E LAKEVIEW DR O� Vsncc 1292 1295 3 WA rlwNws wtecvr SW Rewowo- Rcwu"ih CS ST PARK PLACE SURCHARGE TOTAL DUE a.rr _ e.Yci.e 50-12 16.45 CW67M) 24.04 C5ave2) 2.43 cCITt oc ss-ZAS-nA61 P ZJ Cc tsr P*X, 1.65 C Pvsv%C u-nLr `( 7Ax. — c-r-zv oC S64A4'now) 10.00 54.57 62033-62700 L h ccc. u o. M E M O R A N D U M DATE: July 7, 1993 FROM: Nancy Veidt, Clerical Asst. TO: Richard Votapka, Utilities Director SUBJECT: Policy regarding Monthly Bill after Shut Off of Water Below is the information on various water companies in the area regarding their billing policy Florida Cities Water - Barefoot Bay - Charge a Base Facility Charge of $13.28 per month (includes both water and sewer). This is charged to the owner of the property. City of Vero Beach - There is no charge to shut off service and no monthly charge while the service is off. City of Melbourne - There is no monthly charge once service has been turned off. Ft. Pierce Utilities Authority - there is no monthly charge when the service has been turned off. City of Cocoa - There is no monthly charge when the service has been turned off. City of West Melbourne - There is no monthly charge when the service has been turned off. They do have a vacation plan wherein they charge $10.00 to turn off the meter and $10.00 to turn the service back on when the customer returns. There is no monthly charge while the service is off. General Development Utilities - Bill a Base Facility Charge each month to a homeowner who has requested permanent shut off. Indian River County - Charges a billing and Base Facility Charge for water and sewer service after the service has been turned off. Martin County Utilities (Stuart) - There is no monthly charge when service has been turned off. Page Two of Two July 7, 1993 Memo re: billing City of Titusville - There is no monthly charge when service has been turned off. Orlando Utilities - There is no monthly charge when the service has been shut off. Okeechobee Utilities - Charge an "Availability Charge" when the service has turned off. In the City of Okeechobee it is $3.10 per month for water and $8.95 per month for sewer. In the County it is $3.88 per month for water and $11.91 per month for sewer. They also charge a $10.00 disconnect and a $10.00 reconnect fee in the City of Okeechobee, in the county it is $12.50. Regular City Council Meeting July 28, 1993 Page Thirteen MOTION by Damp/forum I move that Resolution No. R-93-32 be adopted by the City Council. The Utilities Director addressed City Council concerns. ROLL CALL: Mrs. Corum - aye Mrs. Damp - aye Mr. Freeland - aye Mayor Powell - absent Mr. Oberbeck - aye MOTION CARRIED 4-0 (Powell - absent) 93.233 D. Review Utilities Policies Re: Water/Sewer Shut - Off (Utilities Director Transmittal dated 7/20/93. Utilities Director Memo dated 7/20/93) The Utilities Director gave a brief presentation on shut-off policy alternatives and City Council discussion followed. TAPE II - SIDE II (9:35 p.m.) Discussion continued on the financial feasibility of alternative shut-off policies. The Utilities Director recommended a vacation rate and final shut- off when residents discontinue service. Discussion of uses of franchise fees followed. It was the consensus of City Council to direct staff to come back with a policy incorporating a means by which to discontinue billing when service is terminated. 16. INTRODUCTION OF NEW EUSINESS BY THE PUBLIC (Which is Not Otherwise on the Agenda - By Resolution No. R-93-19 Limit of Ten Minutes for Each Speaker) George Reid, 202 DelMonte Road, Sebastian, discussed the utility shut-off policy and promises made by candidates relative to banning adult entertainment bars. Vice Mayor Oberbeck said adult entertainment issues are being addressed by the Police Department. 17. Being no further business, Vice Mayor Oberbeck adjourned the regular meeting at 10:05 p.m. 13 H E H 0 R A N D U H DATE: July 20, 1993 FROM: Richard Votapka, Utilities Director 'Ed ✓ TO: Mayor Powell and the City Council Through City Manager, Robb McClary SUBJECT: City of Sebastian Billing Policy in Regard to Shut Off of Water/Sewer Service The current policy of the Indian River County Utilities Department concerning shut off of service is as follows: 1. INVOLUNTARY SHUT OFF FOR A DELINQUENT ACCOUNT If a utility bill remains unpaid after the due date shown on the bill (20 days following the billing date), a "delinquent notice" is sent to the customer on the 10th day following the due date. If the bill still remains unpaid by the date shown on the delinquent notice, the Utilities Department will turn off the service at the meter for the delinquent account and lock the valve. The customer will continue to receive minimum monthly bills which will include a billing charge, base facility charge, taxes, and a penalty. Once charges have accrued past or equal to $350.00, a lien is placed on the customer's property. 2. VOLUNTARY SHUT OFF FOR A TEMPORARY PERIOD If a customer voluntarily requests shut off of service for a temporary period, as many people do who return to the northern states for the summer, the County will shut off the valve at the meter and lock it. The County continues to bill the customer the minimum bill each month which includes the billing charge, base facility charge, and taxes. For residents in Palm Lake Club, the minimum monthly bill is calculated as follows: Page 2 of 4 pages July 20, 1993 memo to Robb McClary a. Billing Charge (water) $2.00 b. Base Facility Charge (water) 9.20 C. Billing Charge (sewer) 2.00 d. Base Facility Charge (sewer) 13.50 e. Payment in Lieu of Franchise Fee (6%) 1.60 f. Utility Tax (4%) 1.07 Minimum Monthly Bill $29.37 For residents in Park Place, the minimum monthly bill is calculated as follows: a. Billing Charge (water) $2.00 b. Base Facility Charge (water) 9.20 C. Billing Charge (sewer) 2.00 d. Base Facility Charge (sewer) 13.50 e. Payment in Lieu of Franchise Fee (6%) 1.60 f. Utility Tax (4%) 1.07 g. Surcharge 10.00 Minimum Monthly Bill $39.37 Once the resident returns, the County restores service at the customer's request by removing the lock on the valve and turning the valve on at the meter. The fee for turning off and restoring service is $18.00. It is charged once the customer returns and makes formal request for restoration of service. 3. VOLUNTARY PERMANENT SHUT OFF If a customer notifies the County that he/she will be moving to a new address and requests permanent shut off of service, Indian River County Utilities Department will shut off the valve at the meter and lock it. However, the County will continue billing the customer until such time as the service is transferred to a new owner. In some cases, the customer has not sold his or her home or it is involved in an estate proceeding which could take several years before a transfer to new ownership is made. Meanwhile, the customer or customer's estate is accruing hundreds of dollars of utility bills for non-use of the water/sewer service. Just recently a situation has arisen whereby a customer thought she had finalized her account with Indian River County on Page 3 of 4 pages July 20, 1993 memo to Robb McClary May 1, 1993 when she moved from Palm Lake Club to Lantana, Florida. The County transferred her account to the City. The City has been billing her a minimum monthly bill. The customer has called to inform the City that she was only renting the residence; she was not the owner. However, the application for service was in her name. Unfortunately, the customer's name will not be changed until such time as the landlord changes the service to his name. Then he will start receiving the monthly minimum bill. Currently, there are 25 customers who are known to be seasonal residents and 4 customers who have moved since the City assumed operations of the Park Place and Palm Lake Club water and sewer systems. The City presently has a total of 195 customers on the Park Place system. I have had my secretary, Nancy Veidt, conduct a telephone survey of 12 water and sewer utilities from Titusville to Stuart to learn what their policies were in regard to voluntary shut off. Out of the 12 water and sewer utilities, only Florida Cities Water in Barefoot Bay, General Development Utilities, Okeechobee Utilities, and Indian River County charge for billing and a base facility charge once the service has been turned off at the request of the customer. The other utilities do not charge the customer after the service is shut off. Copies of the telephone survey results are attached. We also checked with Florida Power and Light Company, Southern Bell, and Falcon Cable as to their policies. All of them do not charge a monthly bill once their service to the customer is disconnected. However, all three do provide options for "temporary" shut off for seasonal residents. The customers can pay their minimum monthly bill in the case of Falcon Cable or a reduced bill for Florida Power and Light and Southern Bell. Florida Power & Light bills a $6.00 minimum monthly charge. Southern Bell bills at 1/2 its normal rate effective for a minimum of one month and a maximum of 9 months. In all cases, the three utilities charge a reconnect fee when the customer returns. I, as Utility Director, am notifying City Council that the City has inherited the standard operating policies of Indian River County. I have received complaints from several Park Place and Palm Lake Club residents once they are informed of the policy for seasonal and permanent shut off. Page 4 of 4 pages July 20, 1993 memo to Robb McClary I am asking Council to confirm its acceptance of these policies or revise these policies for the City of Sebastian. The Council could choose to reduce seasonal shut off rates by half as Southern Bell does, not charge for any water or sewer service, or continue with the present policy. In regard to voluntary permanent shut off rates, Council could choose to eliminate charges once service is requested to be shut off by the customer, continue with the present policy, or require a reduced monthly charge until a transfer of the customer account is made. Council can revise the involuntary policy also if it wishes. However, I am more concerned with the voluntary shut off policies at this time and hope to resolve the policy issue on this matter before our next round of billings which will occur in the second week of August. CITY OF SEBASTIAN UTILITIES DEPARTMENT DATE: January 7, 1994 TIME: 9:23 a.m. [ ] CONFERENCE WITH [x ] TELEPHONE CONFERENCE WITH Joe Reggis of ERA Realty (388-0779) SUBJECT: Mandatory Connection of New Home to Existing Water Main RESUME OF CONVERSATION: Joe called to ask if a person building a new home on Barber Street, where a water main had been installed in the right-of-way, had to connect to the main. I told Joe that our Utilities Ordinance required connection, but an opinion by a former City Attorney stated that the City did not have to enforce a new resident to connect to a private system. Now that the City owns the GDU system, I told him that I would have to have an opinion from Charles Nash, City Attorney. Unfortunately, he was out of town this week. I spoke with Interim City Manager, Kay O'Halloran, about this on Friday afternoon. She directed me to have Attorney Nash render an opinion. I called Joe back in the afternoon. He said that in the interim his office had learned that an FHA (Federal Housing Authority) loan requires a new home to connect where an existing water main is available. ORIGINATED BY: COPY TO: memo/@eg9ie �Ii11'71iir D/KC7-- City of Sebastian POST OFFICE BOX 780127 a SEBASTIAN, FLORIDA 32978 TELEPHONE (407) 589-5330 FAX 407-589-5570 January 10, 1994 Charles I. Nash, Esquire Frese, Nash & Torpy, P.A. 930 S Harbor City Blvd., Suite SOS Melbourne, FL 32901 RE: Mandatory Connections to City Water/Sewer System Dear Charlie: _ As per Interim City Manager Kay O'Halloran's directive, I have been authorized to request that you issue a legal opinion as the City Attorney in reference to mandatory connections to the City's water system. Prior to the City's acquisition of the General Development Utilities Sebastian Highlands Water and Wastewater systems on December 17, 1993, the City maintained the policy that a new residential or commercial structure constructed along GDU's water system was not mandated to connect. Former City Attorney Thomas Palmer issued his opinion on December 22, 1987 based on a Circuit Court decision in a case known as Rodnev L. and Michelle Geirsdorf et al vs. Cit of Port St. Lucie. Florida (copy of opinion attached). Attorney Palmer opined that the City of Sebastian, as a municipality, was not compelled to enforce property owners to connect to a private utility system. Now that the City has acquired the former private utility of GDU, it is totally under public ownership. Therefore, my questions to you are as follows: 1. Under Sections 102-32 and Sections 102-33 of Article II "Water and Sewer Connections" in the Utility section of the Code of Ordinances, does the City now have the authority to require mandatory water connections for all new structures constructed along the City water system? It is my understanding that the City does possess the authority by State statute to require new structures to connect to the sewer system. 2. Does the City have the authority to mandate existing residences, commercial, institutional, industrial, etc. structures to connect to the City water/sewer system if the City notifies the owner that the service is available? Page 2 of 2 January 10, 1994 Letter to Charles Nash, Esquire 3. What is your legal interpretation of the word "available" in Sections 102-32 and 102-33 in the Code of Ordinances? Is there some definition in a State statute that exists? 4. Can the City require the owners of new structures to pay an impact fee at the time or prior to receipt of the certificate of occupancy if water and/or sewer is not available but will be available sometime in the future? I would appreciate receiving your legal opinion as soon as possible now that you have returned to the office to face new challenges for 1994. Sincerely, Richard B. Votapka, P.E. Utilities Director RBV/nsv CC: Kay O'Halloran, Interim City Manager Marilyn Swichkow, Finance Director THOMAS C. PALMER ATTORNEY AT LAW P.O. BOX 145, 1627 U.S. HWY. 11, SEBASTIAN, FLORIDA 32958 305-589.7550 December 22, 1987 TO: Bruce Cooper Building Official Re: Mandatory Connections to Water Service. (Private Utility). I enclose a copy of a judicial opinion in a case style Rodne and Michelle Geirsdorf, et a1. -v- City of Port St. Lucie, F No. 84 -623 -CA -25, St. Lucie County, Florida. This case makes no distinction between land owners who had water service and those who did not. The language of this case suggests very strongly to me that a City may not compel mandatory hook-ups to water service, period. This applies to persons who are just constructing their homes and who do not have any well installed. Of course, it is most often in a landowner's best interest to elect to hook up when building a new house. You can advise them in those cases where water service is "available" so they can make an intelligent election. It is generally considered that having water service from a utility improves the value of real property, especially for resale purposes. Summary: According to the attached opinion, a City may not compel any propoerty owner to mandatorily hook-uo to water service unless there is a genuine health problem involved Ln a specific case or cases. This opinion does not address municipally owned systems or combined water and sewer ser*rice systems. Tomas ?almer enc-': as specified. Cc: L. Gene Harris, Mayor j -=T7 ES $ 102.34 burden upon the applicant. Au requests ror waiver shall be ;made with the submittal of the initial application. (e) This section shall apply to all applications tiled on or az er September 1992. (Ord. No. 0-92.16, $ 7, 9-23-92) Secs. 102-11-102.30. Reserved. ARTICLE M WATER AND SEWER CONVECTIONS Sea 102-31. Individual sewage disposal systems prohibited. The use of individual sewage disposal systems and(or septic tanks, grease traps and dry wells by any person in the area where central sewage collection ser -rice. is available is hereby prohibited. (Code 1980, $ 27.40) Cross references—Buildings and building regulations, ch. 26; sanitary facilities re- quired, $ 26-37; septic tanks as minimum requirements for sewage disposal, permits, location, 150-1. Sec. 102.32. rudMdual water systems prohibited. The use of individual water systems, other than fpr irrigation purposes, by any person is the area where water distribution service is available is hereby Prohibited. (Code 1980,§ 2741) Cross reference—Buildings and building regulations, cIL 26. Sec. 102.33. Connection required_ The owner of impraved real property wherein either sewer collection service or water - distnbutioa service, or bout servires, becomes available, shall cause the connections of such available services to the in_. avements om the premises within 30 days of receipt of notif4catma that the utility- has inafa liar+ the necessary- meters_ The city council may extend this 30 -day period for good cause upon written request by the owner. (Code 1980, 9 27-421 Sec. 102.34. -Notice; time for compliance: meter installation_ (a) lack entity Providing either sewer collection services or water distribution service, or both services, tp real grope cif within ;.he city, shall, aotiry both the city and the owner of _ _al ?racer -y when such ser vics has become available, s •x r ting, -hat the utility service a avail- able ror use by :he : es- _ parcel of -esi proper. �y. Tae written notice shall notify .he owners of the :•eat grope -n-7 chat the utility service s available and snail list the appiicable connec on cess and csarVs. -)LD iicadon lar service and payment of the connection csarges musc be made :a the atilitr 'ry the owner aac lacer :!:an d0 days iron_ 7he dace ar receipt or the aodce of availabilic, of se: -vice - 31100.: To- : r2. . City of Sebastian 1225 Main Street ❑ SEBASTIAN, FLORIDA 32958 TELEPHONE (407) 589-5330 ❑ FAX (407) 589-5570 M E M O R A N D U M DATE: November 23, 1993 TO: Richard Votapka Utilities Director FROM: Bruce Cooper Director of Community Developme REFERENCE: Sewer and Water Hookups Please be advised that the City of Sebastian is currently not requiring any new development to hook up to a water system such as General Development Utilities,,if it is available. This decision was based on Attorney Tom Palmer for the City of Sebastian regarding a case in West Palm. Since the City of Sebastian will be taking over General Development Utilities here in the immediate future, please advise if the City of Sebastian Building Department should do anything different from its present practice. Below are some questions that should be reviewed: 1. Although Section 102.32 of the Code of Ordinances requires the use of individual water systems, other than for irrigation purposes, by any person in the area where water distribution services are available is hereby prohibited, the City has not enforced that section based on Attorney Tom Palmers decision in 1987. 2. Currently, if sewer is available based on H.R.S. requirements, then a septic system would not be permitted. "What is the definition of available'17 What if the sewer line was 300 or 500 feet away from a lot? Would that be available? 3. I think the City would need to define what is available also for water service area. At this time, the Building Department will continue its current practice until otherwise notified by your department. a< � Thank you. I Co y O1 _VIo/94 H -r to C. Nosh +0 ()nice Cocpel- MEMORANDUM DATE: February 25, 1994 TO: Richard Votapka, Utilities Director FROM: Nancy Veidt, Clerical Assistant SUBJECT: Automatic Billing of Accounts when Tenants Turn Off On customer accounts where tenants request a shut off and there is no request received to turn the utilities on in a new customers name, I am under the understanding that these accounts should revert back to the owner. The owner should be billed for the base facility charges even though the actual service is turned off. When the account is set up for the owner, should an $18.00 administrative charge be billed? My assumption is that we would collect the $18.00 when the service was actually reinstated by a new customer, but I am not sure of the policy. Also, should we bill the owners for security deposits? These people have never applied for service with the utilities department, therefore we do not have a security deposit or service agreement with them. MEMORAADUM DATE: February 28, 1994 TO: Policy File FROM: Richard Votapka, Utilities Director %lt$✓ SUBJECT: Charges for meter re -reads City of Vero Beach - No charge for meter rereads Ft. Pierce Utilities Authority - No charge for meter rereads City of Okeechobee - Charge $20.00 for standard scheduling By appointment the charge is $30.00 There is no charge for discrepancies of 10,000 gallons or more Orlando Utilities Commission - One free re -read per year. Additional re -reads are $25.00. Florida Cities Water (Barefoot Bay) - No charge for meter re- reads City of Cocoa - No charge for meter rereads West Melbourne - No charge for meter rereads Palm Bay Utilities - No charge for meter rereads City of Sebastian POST OFFICE BOX 780127 a SEBASTIAN, FLORIDA 32978 TELEPHONE (407) 589-5330 ❑ FAX (407) 589-5570 V P1 J R -A A -D 'U P! DATE: April 6, 1994 TO: Policy File FROM: Richard B. Votapka, Utilities Director /-S✓ SUBJECT: Policy Suggestions for Mandatory Connections For Existing Homes Ron Briskie suggested two policy ideas in regard to mandatory connections to the water and sewer system as follows: 1. If an existing house, which has its own well and septic tank, is sold, then the new owner must connect to the City's water and sewer system, providing that water and sewer are available. 2. If a building permit application is made for modifications or additions to an existing house that has its own well and septic tank, than the owner must connect to the City's water and sewer system providing that water and sewer are available. City of Sebastian 1225 MAIN STREET o SEBASTIAN, FLORIDA 32958 TELEPHONE (407) 589-5330 o FAX (407) 589-5570 MEMORANDUM DATE: November 10, 1994 TO: Marilyn Swichkow, Finance Director Richard Votapka, Utilities Director FROM: Joel L. Koford, City Managegf/, SUBJECT: Change in Policy - Utility Charges Effective immediately, the following change in policy is in effect. Based upon a recent State of Florida Supreme Court decision, the City of Sebastian cannot charge and collect fees for water or sewer service unless the service is actually performed. Also if a resident desires to discontinue water service and the permitting agencies of the State will issue the appropriate permit, we cannot refuse the request. Once the service is disconnected we cannot charge for water service, or any form of administrative costs (ie base facility charge). Based upon the foregoing, 'you must be prepared to refund, (if the customer requests a refund) for the period we have charged and collected fees when a water service was not provided. We do not have to refund any monies for the period the system was owned by GDU. The Supreme Court found that there is no basis for a mandatory water service under current law except for reasons of health and safety, and to require a customer to pay for the availability for service circumvents the Florida State Constitution provisions addressing taxation. In other words, the Court held that there was not statutory or constitutional authority to require property owners to pay a fee on the basis that municipal service is available, and the current law does not provide a basis for a municipality to assume this authority. It was termed "a creative effort", but not acceptable. /Jmt City of Sebastian POST OFFICE BOX 780127 ❑ SEBASTIAN, FLORIDA 32978 TELEPHONE (407) 589-5330 ❑ FAX (407) 589-5570 MEMORAADUM DATE: November 9, 1994 TO: Policy, Billing, and Law - Water Files FROM: Richard B. Votapka, Utilities Director SUBJECT: Florida State Supreme Court Decision Affecting Mandatory Water Connections City Manager Joel Koford informed me today that a recent Florida Supreme Court decision ruled that a municipality and other local government (county) cannot mandate customers to connect to the public water system even if it is available. Mr. Koford said that existing customers can disconnect from the City's water system, if they wish to do so. If existing customers disconnect, the City can no longer charge them for a base facility charge. Once a citizen disconnects from the City supply, the City must stop billing at the address it has on record. For those customers now paying a base facility charge, although they are not connected, are entitled to be refunded any charges that were incurred. Only when the customer asks for a rebate back is when the money shall be paid to the customer. I shall inform Bruce Cooper, Community Development Director, that his office shall no longer have the Building Department employees tell any prospective home builders that water is necessary. November 10, 1994 Update - At the 9:00 a.m. Staff Meeting, Mr. Koford said that he is currently conferring with the City Attorney to see what other ramifications may result with regard to the Utilities'Department based on the recent Supreme Court ruling. He will be sending a memo soon to both the Utilities and Finance Departments. 275 Zane Ave. Sebastian, F1 September 14, Mr. Joel Koford City Manager Sebastian, Fl. 32958 Dear Mr. Koford: 32958 1994 SE41994 �.,,, Recel Wed City OH ce At the present time I am no longer a customer of the City of Sebastian water department, although I am paying a monthly service charge because the water line runs in front of -my house. The water line to my house has been disconnected although the meter {which I paid for} still is in place. I have installed a well and pump to provide water to my house. This was approved and permitted by the Indian River County Health Department. Because of a letter written by former City Attorney Thomas Palmer, I question whether or not I should be paying this monthly fee. In this letter he specifically stated that the City could not aid GDU in forcing people to hook up to a private water system. He did not address what the city could do if they owned the water system. Councilman Overbeck has stated publically that he knows of no Florida law that allows a city to force a private party to hook up to a municipal water system. I have neighbors who have City water in front of their house and have never hooked up or paid any fees for the water being there. If I still should be paying a monthly fee, I think this opinion should be backed by competent legal opinion. This was referred to former city attorney Nash, but he did not chose to render an opinion. I have of ftered to pay the City of Sebastian one quarter in advance but I refuse to pay a billing charge of $2.25 per month when I will not be billed and I have been refused. I personally think this billing charge is a deliberate way to antagonize people. I am sure other utilities figure this charge in on their bills, but they do not itemize it on the actual bill. I am willing to pay 11.25 pluas 1.13 Utility tax in advance quarterly until I hear whether or not I legally have to pay. If it is ascertained that I do not have to pay, I would expect full refund of all my utility payments made to the city of Sebastian. May I hear from you. Sin era y, Ed Mique on Lookup IDIOlp 03/06/95 CUSTOMER BALANCE PCS/NSV/TTY3 Account: 0000066377-00 EDWARD J MIQUELON Selection: CS %Y, cG,, www r�.-�-.1-•-d i -v Eo: 1'll c�w� e•,� �-�, 12� 19`15 1 k 1's L. k S d" 11 fJavr Vv.,rr.� Ia-I / h- a o-Karl-t&z lo- t 5- C'hj he w�.-5�� 30c 1 K04. -A , 7Z L L 0 J V) C� V) LL 0 7Z LL 0 LL IL ram goo 7Z