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HomeMy WebLinkAboutOrdinance 10 (old) Water/Sewer9RDINANCE #10 ('~-~.c~_ AN ORDINANCE OF THE VILLAGE COUNCIL OF THE VILLAGE OF NORTH ORLANDO, FLORIDA, GRANTING AN EXCLUSIVE FRANCHISE TO -THE NORTH ORLANDO COMPANY, A FLORIDA. CORPORATION, TO OPERATE AND MAINTAIN A WATER SYSTEM AND SEWAGE COLLECTION AND DISPOSAL SYS - TEM IN THE VILLAGE OF NORTH ORLANDO, FLORIDA; SETTING FORTH CON - DITIONS AND PRIVILEGES ACCOMPANYING THE GRANT OF FRANCHISE ; PROVIDING FOR RATES AND CHARGES, AND FOR SERVICE STANDARDS; PRO- HIBITING THE USE OF INDIVIDUAL SEWAGE DISPOSAL SYSTEMS AND/OR SEP- TIC TANKS WITHIN THE VILLAGE LIMITS; PROVIDING FOR SEWER "CCfhThIEG- TIONS AND PENALTIES FOR THE VIOLATION OF SUCH PROVISIONS; AND FOR OTHER PURPOSES. BE IT ORDAINED by the Village Council of the Village of North Orlando, Florida: SECTION 1. SHORT TITLE. This ordinance shall be known and may be cited as the THE VILLAGE OF NORTH ORLANDO, FLORIDA, WATER AND SEWAGg FRAN- CHISE ORDINANCE. SECTION 2. DEFINITIONS. (1) The word"Utility" as used herein refers to .The North Orlando Company, a Florida corporation. (2) The word "Village" as used herein refers to the Village of North Orlando, Florida. SECTION 3. GRANT OF AUTHORITY. In consideration for the undertaking by the Utility of furnishing water distribution and sewage collection services to the area included in the Village, there is hereby granted by the Village to the Utility the exclusive right and privilege to erect, construct operate and maintain: (1) A water distribution system and the right and privilege to pipe water into the Village to transport the same by mains and pipes throughout the Village and ,,.. the exclusive right to sell and distribute -water within the Village; and for these purposes to establish the necessary facilities and equipment to lay and maintain water mains, pipes and any other appliances, and appurtenances necessary to the sale and distribution of water in, under and along the streets, alleys and other pub- lic places of the Village. (2) A sanitary sewage collection and disposal system for the collection and disposal of all non-industrial sewage and the right and privilege to transpe-:-t the same by mains and pipes throughout the Village; and for these purposes to,~stab- lish the necessary facilities and equipment and to lay and maintain sanitary sewer mains, pipes and any other appliances and appurtenances necessary to the collec- tion and disposal of non-industrial sewage, sometimes more commonly called dom- estic sewage, in, under and along the streets, alleys and other public places of the Village. i ~ ~, (3) Nothing in this franchise nor in the rights and privileges herein granted shall' be construed to prevent the Village from granting exclusive or nonexclu- sive rights, privileges or easements to other persons, firms ox corporations for furnishing utility services other than water service and/or sewer service provid- ed the exercise of such granted rights, privileges and easements do not unreason- ably interfere with the use by the Utility of the streets, alleys, public ways and places in the Village for the purposes described in this ordinance. SECTION 4. COMPLIANCE WITH APPLICABLE LAWS AND ORDINANCES. The Util- ity shall, at all times during the life of this franchise, be subject to all lawful exercise of the police power by the Village, and to such reasonable regulations as the Village shall hereafter by resolution or ordinance provide. SECTION 5. LIABILITY OF UTILITY; INDEMNIFICATION. It is expressly under- stood and agreed between the Utility and the Village that the Utility shall save the Village harmless from all loss sustained by the Village on account of any suit, judgment, execution, claim or demand whatsoever resulting from negligence on the part of the Utility in the construction, operation or maintenance of its water or sewage systems in the Village. The Village shall notify the Utility's repre- sentative as soon as possible after the presentation of any claim or demand, either by suit or otherwise, made against the Village on account of any negligence as aforesaid on the part of the Utility. SECTION 6. SERVICE STANDARDS. The Utility shall operate and maintain its water supply and distribution system and its sewer collection and disposal system and render efficient service in accordance with this ordinance, and all reasonable re- quirements and regulations of the Florida State Board of Health, and particularly without limitation in accordance with the following provisions: (1) WATER. (a) FIRE HYDRANTS. The Utility shall install fire hydrants along the water mains to be constructed in the Village at such locations as may be designa- ted by the Village but not closer that at street intersections. The Utility shall deliver such water in such quantities as will maintain a static water pressure equal to forty (40) pounds per square inch at the fire hydrants, and in accordance with the Code of Standards of the National Board of Fire Under- writers. However, the Utility does not guaraxitee that the supply of water to be dis- tributed to such fire hydrants shall be at all times constant or maintained at the pressure specified above, it being understood that temporary cessation of delivery of water or drop ire water pressures at any time caused by an Act of God, fires, strikes, casualties, accidents, necessary maintenance work, breakdowns, damage to machinery or lines, civil or military authority, or by riot or other cause beyond the control of the Utility, shall not constitute a breach of the provisions of this sub- paragraph or impose liability upon the Utility to the Village or to itsinhabitants or water consumers therein. • ~ ~ ~ • . (b) RESIDENTIAL -OTHER USERS. At all times the Utility shall be able to provide for the use of consumers within the Village a minimum quantity of 300 gallons of water per day under adequate pressure for domestic or other use at all the taps or water outlets of such consumer, and to maintain at all times the qual- ity and purity of such water to meet the United States Public Health Service Drink- ing Water Standards promulgated February 5, 196, as regulations of the United States Public Health Service. However, the Utility does not guarantee that the supply of water to be distributed shall be at all times constant in the above quanti- ties or under the above pressure, it being understood that temporary cessation of delivery of water, or drop in 'water pressures at any time caused by an Act of God, fires, strikes, casualties, accidents, necessary maintenance work, breakdowns, damage to machinery or lines, civil or military authority, or by riot or other cause beyond the control of the Utility shall not constitute a breach of the provisions here- of, or impose liability upon the Utility to the Village or to its inhabitants or water consumers therein. (c) METERS. All water delivered to consumers hereunder (except water delivered to fire hydrants )shall be measured bymzeters of standard make and of sufficient size, such meters to be furnished, installed and maintained by and at the cost of the Utility. In case the Village shall at any time question whether any meter or meters are registering correctly, the Village shall have the right, upon making written request to the Utility, to have such meter or meters tested in the presence of a representative of the Village and if, as a result of such test, such meter or meters shall be found to be incorrect or inaccurate the same shall be re- stored to an accurate condition or a new meter or meters shall be installed at the cost of the Utility. If such meter or meters be found to be within three per cent (3%) of the accurate or true reading, the cost of such test shall be borne by the Vill- age but otherwise shall be paid by the Utility. Should any test or tests show any such meter or meters to be substantially inaccurate, computations for water prev- iously delivered since the last preceding monthly meter reading shall be adjusted accordingly. (2) SEWER. (a) The Utility shall operate and maintain a sanitary sewage collection and disposal system adequate for the safe and sanitary collection, treatment and dis- posal of all non-industrial sewage in the Village. At all times such sewer system shall be operated and maintained in accordance with all reasonable regulations and recommendations of the Florida State Board of Health and such as to produce an effluent of a t}uality satisfactory to the Florida State Board of Health and any and all tests conducted in connection with such sewer system shall be kept as perman- ent records by the Utility and the same shall be open to .inspection by any' govern- mental agency or user of such system at all reasonable times. Any such`_govern- mental agency, including the Florida State Board of Health, through its relare- sentatives shall at all times have access to the sewer collection or disposal facilities to conduct any and all tests as such agencies shall determine necessary to insure compliance with the aforesaid regulations and recommendations: In the event such agencies shall determine the operations of the system do not meet the aforesaid regulations or recommendations, the Utility shall immediately, at its sole expense, make any adjustment, repair, installation or improvement that shall be lawfully necessary or reasonably required by such agencies to bring the operatio-n of the sewer system up to the aforesaid regulations and recommendations. The L~ Utility shall maintain the aforesaid sewer system at all times in good order and re- pair so that satisfactory service may be supplied to each of the users thereof within the Village. SECTION 7. OTHER PROVISIONS. The Utility will furnish and maintain at its own cost, all necessary fittings, pipes and appliances, including all meters and meter boxes, to deliver water to the consumer at the property line. All such fittings, pipes, appliancesg, meters and meter boxes shall remain the property of the Utility, and shall at all times be accessible to it and under its control. The service line from the meter to the consumer's premises shall. be laid and maintained by the appli- cant at his own cost. The line shall be of ample size, of standard weight, and quality, and all cut- offs, valves, fixtures, and appliances furnished by the con - sumer maintained in good order. and condition. Sewer lines shall also be furnished and maintained by the Utility, together with all necessary appurtenances thereto to the property line of the consumer. The sewer line from the property line to the consumer's premises shall be laid and maintained by the applicant at his own cost The sewer line shall be of ample size, of standard quality, and the appurtenances thereto shall be maintained in good order and condition. - All of such water and sewer connections required to be furnished by the ~ be of such size and quality as shall be required by the Utility, applicant shall and shall be laid and installed in accordance with its rules and regulations. The Utility shall be authorized to establish reasonable rules and regula- tions not in violation of the terms of this franchise. SECTION 8. EXTENSIONS. Anything to the contrary contained elsewhere hereinnot- withstanding, the Utility shall be under no obligation to extend its mains, lines, appurtenances and facilities to any area of the Village platted of record, unless and until there shall have been filed with the Utility a sufficient number of app- lications for service by prospective consumers who will actually reside in said developed area, to afford the Utility, in its reasonable opinion, a fair and rea- sonable rate of return upon the investment required to extend the Utility's fac- ilities to such area. Prior to any extension of its facilities, the Utility may re- quire acapital contribution, cash deposit, refundable deposit agreement, bond or other assurance from prospective consumers applying for such extension. SECTION 9. RATES AND CHARGES. So far as it is within the power of the Village to fix rates and charges, and subject to the provision that all rates hereunder shall at all times be such as to provide the Utility with a fair return on the re- placement or reproduction value of its water supply and distribution system and its sewer collection and disposal system, rates and initial charges to consum- Crs of water within- the Village and rates and charges to those who shall be con- nected with the se~~+er system shall be as follows: (1) WATER. (a) FIRE HYDRANT USE. The Village shall pay to the Utility annually, ~ on or before January 1st, such sums as may be due for fire hydrant use and , ) for water service available thereto at the rate of $60.00 per hydrant in exist- ( • ence as of the last day of the previous year. (b) RESIDENTIAL USERS. For .residential consumers or users of water using a one (1) inch meter, or one of less size, the quantity of water de- livered by the Utility shall be determined from meter readings made by or on behalf of the Utility monthly and billed by the Utility monthly to the consumer at the following rates: ~ •. ~ . • ' 0 to 6, 000 gallons Minimum monthly charge 3. 50 Next 1, 000 gallons 50~ per 1, 000 gallons Over 7, 000 gallons 35~ per 1, 000 gallons (c) OTHER USERS. For water consumers other than those described in sub-paragraphs (a) and (b) above, the quantity of water delivered by the Utility shall be determined from meter readings made by or on behalf of the Utility monthly and billed by the Utility monthly to the consumer at rates set by special contract between the consumer and the Utility. (d) PENALTIES. In the event water bills are not paid within 30 days, the Utility shall have the right to discontinue both the water service and sewer service to the consumer without further notice and such service shall not be restored until after all past bills have been paid, plus reimbursements to the Utility for all extra expenses (such as special trips, inspections, disconnecting and reconnecting ser- vice, additional clerical expense, etc.) incurred by the Utility on account of any de- linquent bill, or on account of the consumer's violation of the contract for water or sewer service or of the Utility's rules and regulations. The minimum charge to cover such extra expenses as to each of said services is five dollars($5.00). (e) COMBINED BILLING. Water and sewer bills may be combined under one billing. (f) CONNECTION CHARGES: DEPOSITS. Applications for connection to the water distribution system shall be made upon forms to be furnished by the Util- ity in compliance with the rates, rules and regulations of the Utility, and after app- roval of the application by the Utility thereon. The size of service lines, valves, meters and other fittings, fixtures or appliances necessary to give the service app- lied for shall be a reasonable and proper size to be determined by the Utility at the time of the application. Such applications shall be accompanied by the payment of the following connection charges: Size of Connection Connection Charge 3/4" $15. 00 1" $50.00 over 1" To be set by Utility and by'payment of a reasonable deposit to guarantee payment of water bills. (2) SEWER. (a) SINGLE FAMILY RESIDENTIAL USERS. A monthly charge shall be made and billed by the Utility at the following rates: Where water consumption by such customer is 4, 000 gallons per month, or less Minimum charge $3. 50 Where water consumption by such customer is in excess of 4, 000 gallons per month $4. 00 In the event that customer's building has more than one toilet or bathroom, an additional charge of 50~ per month per toilet or bathroom beyond one shall be-made. • • (b) OTHER USERS. For sewer customers other than those described in sub-paragraph (a) above, monthly rates shall be set by special contract between the consumer and the Utility. (c) PENALTY. In the event sewer bills are not paid within 30 days, the Utility shall have the right to discontinue both the water service and sewer ser- vice to the consumer without further notice and-such service shall not be restor- ed until after all past bills have been paid, plus reimbursement to the Utility for all extra expenses (such as special trips, inspections, disconnecting and reconn- ecting service, additional clerical expense, etc.) incurred by the Utility on acc- ount of any delinquent bill, or on account of the consumer's violation of the con- tract for water or sewer service or of the Utility's rules and regulations. The minimum charge to cover such extra expenses as to each of said services is Five Dollars ($5.00). (d) COMBINED BILLING. Sewer and water bills may be combined under one billing. (e) CONNECTION CHARGES: DEPOSITS. Applications for connection to the sewer collections system shall be made upon forms to be furnished by the Utility in compliance with the rates, rules and regulations of the Utility, and af- ter approval of the application by the Utility thereon. The size of service lines, valves, meters and other fittings, fixtures or appliances necessary to give the service applied for shall be a reasonable and proper size to be determined by the Utility at the time of the application. Such applications shall be accompanied by the payment of a connection charge of Ten Dollars ($10. 00), and by payment of a reasonable deposit to guarantee payment of sewer service bills. 3. CHANGES IN RATES AND CHARGES: WATER OR SEWER. The above rates are the initial rates and charges which by the granting of this franchise are determined to be reasonable in accordance with the provisions of this section. The Utility may establish, amend, revise and enforce from time to time or times in the future, different rates or charges reflecting rates and charges lower or higher than those shown above, provided, however, that any such lower or high- er rates or charges so established or enforced from time to time by the Utility shall be subject to the provisions of this Section 9. 4. TAX CLAUSE. The rates and charges, including minimum and other charges and service guarantees are dependent upon Federal, State, county, mun- icipal, district or other governmental taxes, license fees and/or other imposi- tions upon the Utilit~yr, and such rates and charges may be increased, or a sur- caarge added, if a~.i when any or all such taxes, license fees and/or other im- positions are increased, at the cost per hundred gallons or other applicable unit of charge, o€ such additional taxes, license fees and/or other impositions. SECTION 10. TERM OF FRANCHISE. This ordinance shall take effect and be in force from and after the final passage hereof, as required by law, and upon filing of acceptance by the Utility with the Village Clerk. Such franchise shall continue in force and effect for a term of thirty (30) years beginning with the date of such acceptance. At the expiration of said thirty (30) year term Utility shall be given the option to renew this franchise uunder the, terms and conditions as set forth herein for a period not to exceed fifteen(15)years from date of such expiration. b ~. • SECTION 11. INDIVIDUAL SEWAGE DISPOSAL SYSTEMS PROHIBITED; SEWER CONNECTIONS REQUIRED; PENALTY. The use of individual sewage disposal sys- tems and/or septic tanks, grease traps and dry wells by any person in the Village where sewer collection service is available is hereby prohibited. All persons own- ing improved property fronting on a street wherein sewer collection service is available shall connect the improvements upon such premises in the manner herein or by other law of the Village provided. Any person convicted of violating this sec- tion shall be punished by a fine of up to Five Hundred Dollars ($500. 00), or by im- prisonment up to ninety (90) days, or by both such fine and imprisonment. SECTION 12. ASSIGNMENT. The City hereby reserves the right to purchase the pro- perty of the Utility used under this grant as provided under the laws of the State of Florida, and as a condition precedent of the taking effect of this grant the Utility gives and grants to the Village the right to purchase so reserved. However, the Utility is hereby given the right and authority to make assignments of this franchise and the rights, privileges and authorities granted hereby and all assignees upon the acceptance thereof shall be bound to the same extent as if they were originally named as the Utility hereunder. SECTION 13. Within thirty (30) days after the first anniversary date of this franchise and within thirty (30) days after each such succeeding date of this franchise the Utility, it's successors and assigns, shall pay to the Village an amount which shall equal five per cent (5%) of the Utility's revenues from the sale of water and sewage services to residential and commercial subscribers within the limits of the area described above, excluding connection charges, for the twelve (12) fiscal months preceding the applicable anniversary date. SECTION 14. ADDITIONAL ORDINANCES. The Village agrees to pass all ordinances necessary or suitable both for the reasonable protection of the rights and property of the Utility and to enable the Utility to enforce any of its reasonable rules and re- gulations for the management, operation and control of the services to be rendered by the Utility hereunder and to pass any reasonable ordinance or ordinances that will be necessary or suitable in order to fully confirm to the Utility the rights here- in or hereby granted or intended so to be. SECTION 15. SEPARABILITY. If any section, sub-section, ~erltence, clause, phrase, or portion of this ordinance is for any reason held invalid or unconstitutibns.l by any court of competent jurisdiction, such portion shall be deemed a separate, dis- tinct and independent provision and such holding shall riot effect the validity of the remaining portions hereof. FIRST READING the ~ `~' day of ~~~ ;~ ~ m b ~' `r , 1959. rti 1 SECOND, FINAL READING AND PASSAGE the ~ day of Q N z H. r~ b r y~ , 19 59 . (SEAL) / ATTEST: AYOR ~ 1 1 ~~ ~ (\\~\J 0~-'9r ~-~ - C~' ~ Vim- L ~.~1 6/ Village Clerk • • ~ ~.,~ e foregoing Franchise is accepted this /,.~ ~ day of I~-~-- 1959. THE NORM H pRLANDO COMPANY By ident Attest: Its Secretary.. .`F 1 H~~~