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HomeMy WebLinkAboutOrdinance 331 Water/Sewer 3/26/85 ORDINANCE NO. 331 AN ORDINANCE OF THE CITY OF WINTER SPRINGS, FLORIDA, RELATING TO WATER AND SEWER USER CHARGES AND OTHER RELATED CHARGES AND FEES; PROVIDING DEFINITIONS; PROVIDING PURPOSES FOR REVENUES; PROVIDING PROCEDURES FOR PAYMENT OF CHARGES AND FEES; PROVIDING PROCEDURES FOR REVIEW, PROVIDING THE USER CHARGE SCHEDULE; PROVIDING SEVERABILITY AND EFFECTIVE DATE. WHEREAS, the City of Winter Springs, Florida, has acquired a wastewater treatment works and a fresh water distribution system; and WHEREAS, the City of Winter Springs, Florida, wishes to establish a rate schedule that places the costs of abatement directly on the sources of pollution, conserves potable water, and maintains financial self-sufficiency; and WHEREAS, the City of Winter Springs, Florida, must pay the operation and maintenance expenses associated with the said wastewater treatment works and fresh water distribution system, including debt service and depreciation, and wishes to charge the users accordingly: THE CITY OF WINTER SPRINGS, FLORIDA HEREBY ORDAINS: SECTION 1 INTENT. It is determined and declared to be necessary and conducive to the protection of the public health, safety, welfare and con- venience of the City of Winter Springs, Florida, to collect charges from all users who contr ibute wastewater to the City' s treatment works and from all users who utilize the City's fresh water distribution system.The proceeds of such charges so derived will be used for the purposes of improving, operating and maintaining the public wastewater treatment works and fresh water distribution system. SECTION 2 DEFINITIONS. Commercial User. A non-residential user housed in a retail store, restaurant, off ice building, laundry, and other private business and service establishment. Governmental User. A non-residential user whose primary purpose is the legislative, judicial, administrative, or regula- tory activity of Federal, State or local government. Improvements. The functions which result in expenditures for obtaining and installing equipment, accessories, or appurte- nances which are necessary to extend or upgrade the wastewater treatment works of fresh water distribution system and which bet- ter serve the City or any adjacent areas in which services are provided by the City. Industrial User. A non-residential, non-governmental user of publicly owned treatment works which is identified in the Standard Industrial Classification Manual, 1972, Office of Man- agement and Budget, as amended and supplemented, under the fol- lowing divisions: Division A Agriculture, Forestry, and Fishing; Division B Mining; Division D - Manufacturing; Division E Transportation, Communications, Electric, Gas and Sanitary; and Division I Services. Institutional User. A non-residential user whose pr imary purpose is social, charitable, religious or educational activity and is housed in, including but not limited to, a school, church, hospital, nursing home, penal institution or other similar estab- lishment. Operation and Maintenance. The functions that result in expenditures, during the useful life of the wastewater treatment works and the fresh water distribution system, for materials, labor, utilities, replacement, debt service, depreciation, pro- fessional services and other items which are necessary for manag- ing such system. Replacement. The functions which result in expenditures for obtaining and installing equipment, accessories, or appurtenances which are necessary during the useful life of the treatment or water works to maintain the necessary capacity and performance. Residential User. A user whose lot, parcel of real estate, or building is used for domestic dwelling purposes only including but not limi ted to single family, mul ti-family or mobile home units. Useful Life. The estimated period during which a treatment works will be operated. - 2 - User. A source which contributes, causes or permits contri- bution to the wastewater treatment works and a source which employs the fresh water distribution system. SECTION 3 CONSERVATION METHODS. The utility department with approval of the city commission shall implement the necessary steps to guarantee an adequate sup- ply of potable water to all customers. SECTION 4 REVENUES. The revenues collected, as a result of the user charges levied, shall be deposited in accordance with the trust indenture approved in conjunction with the issuance of bonds on October 3, 1984, refunded and reissued on June 20, 1985. SECTION 5 USER CHARGES. (a) Service Charge. Each user shall pay for the ser- vices provided by the City of Winter Springs based on the use of the wastewater treatment works and fresh water distribution sys- tem as determined by water meter readings, or other appropriate methods. For commercial, governmental, industrial, institutional and residential users, monthly user charges shall be based on actual water usage at a rate established herein. (b) Contamination Charge. A user which discharges any unlawful substance or contaminate, as defined in the Code of Ordinances or any other item which causes an increase in the cost of managing the effluent of the sludge from the wastewater treat- ment works, or any user which discharges any substance which singly or by interaction with other substances causes identifi- able increases in the cost of operation and maintenance of the treatment works shall pay for such increased costs as established herein. (c) Alteration Charge. A user which causes the unau- thorized alternation of, tampers with, or harms in any similar manner, a water meter, line or connection shall pay a charge as established herein. ( d) Capacity. Reservation Charge. A Developer shall pay a charge for holding sewer capacity as negotiated in the Dev- - 3 - eloper Agreement. The charge shall be assessed on a per gallon basis and be related to the outstanding debt service of the waste water treatment and fresh water distribution system. (e) Pretreatment Charge. A user shall pay a charge for a pretreatment program, if applicable, which shall include, but not limited to charges for monitoring inspection, approval, and permitting. After a determination by the Utility Manager that such fees are required by the Code of Ordinances, the charges may be established by the City Commission and assessed at the time of application. SECTION 6 LATE PAYMENTS. Users of the wastewater treatment and fresh water distribu- tion system shall be billed monthly and payment shall be due upon receipt of the bill. A payment not received within fifteen days from the date of mailing the bill shall be delinquent, and a delinquency notice shall be mailed. Service shall be discontinued if the delinquency is not cured within five days from the date of mailing the delinquency notice. A fee of five dollars ($5.00) shall be assessed for each check returned for insufficient funds or closed account. A fee of ten dollars t $10.00 ) shall be assessed to reinstate service and a fee of twenty-five dollars ($25.00) shall be assessed for reinstallment of a meter if removed for nonpayment or unable to lock-off. If a bill remains unpaid for one year after the due date, such bill shall be recorded in the land records of Seminole County and shall constitute a lien on the property. If such lien remains unpaid for a period of one year after the recording date, such property shall be subject to public sale by the treasurer. SECTION 7 APPEALS. Any user who feels his user charge is unjust and inequitable may make written application to the City Manager requesting a review of his user charge within ten days of the date of mailing the bill. The w itten request shall, when necessary, show the actual or estimated average flow of his wastewater or fresh water in comparison to the amount upon which the charge is based and include a statement explaining the methods used in calculating the measurements or estimates for his appeal. - 4 - The City Manager, or his designee, shall review the request and, if substantiated, the user charge for that user shall be recomputed based on the revised flow data and the new charge shall be adjusted on the next bill. The decision of the City Manager may be appealed to the City Commission whose decision shall be final and binding. SECTION 8 ANNUAL RATE REVIEW. The City shall review the user charge at least annually and revise the rates as necessary to ensure that adequate revenues are generated to pay the costs of operation and maintenance in- cluding depreciation and debt service and that the system con- tinues to provide for the proportional distribution of operation and maintenance including debt service and depreciation among users and user classes. The City shall notify each user at least annually of the rate being charged for operation and maintenance including debt service and depreciation the wastewater treatment works and fresh water distribution system. SECTION 9 APPLICATION REQUIREMENTS. All applications shall be made at the business office during office hours. Each applicant shall be required to provide information and pay fees at the time of application. (a) Residential users. Application shall include but not limited to the following information: 1. names of applicant; 2. address for which the service is requested and the residence of the applicant, if different; and 3. residence telephone number of the applicant at the service address and at the residence address if different. A deposi t fee and an application fee shall be assessed at the time of application. The deposi t fee shall accrue interest at the rate of 6 percent per annum and shall be paid when service is terminated. When service is terminated, the deposit plus the interest less any outstanding fees and charges shall be refunded to the user. - 5 - An inspection fee shall be assessed at the time of applica- tion and for each connection when applicable. (b) Non residential users. Applications shall include such information as the utility Manager prescribes and that is neces- sary for classification, reference, and other similar identifica- tion purposes. A deposit fee and an application fee shall be assessed as the time of application. The deposit fee shall accrue interest at the rate of 6 percent per annum and shall be paid when service is terminated. When service is terminated the deposit plus interest shall be refunded to the user. An inspection fee shall be assessed at application and for each connection when applicable. SECTION 10 OFFICE HOURS. The business office is located at One North Fairfax Avenue, Winter Springs, Florida. It is open Monday through Friday, 8:00 a .m. to 5: 00 p.m. A night drop box may be provided for after hours payment. In case of an emergency, contact the business office. Emer- gency service shall not be available to users whose account is delinquent. SECTION 11 USER CHARGE SCHEDULE MONTHLY SERVICE RATES Water Rates The water rate shall include a base facility charge based on the size of the meter plus a volume charge per 1,000 gallons or a fraction thereof as set forth below: Meter Size Minimum Charge 5/8" X 3/4" 3.58 1" 8.94 1 1/2" 17.89 2" 28.62 3" 57.23 F" 178.85 Charge per 1,000 gallons .91 - 6 - The base facility charge will not be assessed if the service is disconnected. Water Meter Charges The water meter charge shall be based on the size of the meter as follows: 5/8" X 3/4"........$ 90.00 3/4"................ 125.00 1" . . . . . . . . . . . . . . . . . . 150.00 1-1/2".............. 420.00 2" . . . . . . . . . . . . . . . . . . 5 3 0 . 00 For all meters larger than 2", the water meter charge shall be based upon the actual cost of the meter plus materials and in- stallation cost. Sewer Rates The sewer rate shall include a base facility charge based on the size of the meter plus a volume charge per 1,000 gallon or a fraction thereof as set forth below: Meter Size Base Facility Charge 5/8" X 3/4" 6.65 1" 16.63 1 1/2" 33.24 2" 53.19 3" 106.37 6" 332.41 Charge per 1,000 gallons: Residential (First 10,000 gallons) Commercial (No maximum) 2.59 The base facility charge will not be assessed if the service is discontinued. - 7 - SERVICE AVAILABILITY CHARGES A service availability charge shall be assessed for each unit, regardless of the number of units, as set forth below: Sewer Sewer plant capacity charge $325.00 per unit Sewer main capacity charge $450.00 per unit The following is a schedule of minimum daily flows which shall be used in calculating flow capacity and be used in deter- mining related permits: Minimum Daily Flow Apartments Multi-Family 170 G.P.D. Townhomes Multi-Family 170 G.P.D. Mobile Homes Single Family 200 G.P.D. (per home) Single Family Residential 250 G.P.D. Water Water plant capacity charge Water main extension charge $115.00 per unit $275.00 per unit The following is the schedule of minimum daily flows which shall be used in calculating flow capacity charges and be used in determining related permits. Apartments Multi-Family Townhomes Multi-Family Mobile Homes Single Family Single Family Residential Water (3/4" X 5/8" meter) Minimum Daily Flow 250 G.P.D. 250 G.P.D. 300 G.P.D. (per home) 350 G.P.D. - 8 - MISCELLANEOUS CHARGES $10.00 reinstatement fee for turning on service after disconnection for non-payment of bill. $50.00 fee or charge for actual damages, whichever is greater, for contamination or alteration of a water meter, line, or connection. $20.00 inspection fee for each connection requested. $5.00 fee for all checks returned by bank, includes checks returned for non sufficient funds or closed account. $10.00 application fee. $25.00 reinstallation charge for meter removed because of non-payment or unable to lock-off. Pretreatment charge as established by the City Commis- sioner $65.00 deposit fee for the residential users. $200.00 deposit fee for non-residential users. Capacity reservation charge established in a Developer Agreement. SECTION 12 SEVERABILITY. If any section or subsection of the Ordinance proves to be invalid, unlawful, or unconstitutional, it should not be held or invalidate or impair the validity, force or effect of any other section or portion of a section or subsection or part of this Ordinance. SECTION 13 EFFECTIVE DATE. That this Ordinance should take effect immediately upon its final passage and adoption. Passed and adopted this 14th day of Oct., 1985. CITY OF WINTER SPRINGS JOHN V. TORCASO, MAYOR ATTEST: Mary T. Norton CITY CLERK First Reading: 8/26/85 Posted 8/28/85 Second Reading & Public Hearing 10/14/85 ATTEST: SPRINGS, FLORID~ yJ~ ~-r~ City Cl rk First Reading flo ST~ lJ Second Reading t-~ (,-fS- g'~ :{ ~r-5 / () -/~...~ S- , 5050JCH-5E - 9 - The OrlMtdo Sentinel Pub\iahed Daily A1tamoDt~ Spring., Seminole County, Florida ADVERTISING CHARGE $ 26.56 ~tate of Jflori~m} SS. COUNTY OF ORANGE Sworn to and subscribed before me this 1 s t day NOTICE OF PUBLIC HEARING CITY OF WINTER SPRINGS, FLORIDA NOTICE IS. HEREBY GIVEN by the City Commission 01 the City of Winter Springs, Florida, that said Commission will hold a Public Hearing on an ordi- nance entitled as follows: .AN ~DINANCE OF THE CITY OF WINTER SPRINGS, Ft.:ORIDA, RE- LATING TO WATER AND SEWER USER CHARGES AND OTHER RELATED CHAI;lGES AND FEES: PROVIDING FOR DEFINITIONS; PROVIDING' PURPOSES FOR REVENUES; PROVIDING PROCE- DURES FOR PAYMENT OF CHARGES. AND FEES; PROVID- ING PROCEDURES FOR REVIEW, PROVIDING THE USER CHARGE SCHEDULE; PROVIDING SEVER- ABILITY AND EFFECTIVE DATE. This Public Hearing will be held at 7:30 p.m. on Monday, Oct. 14, 1985, or as soon thereafter as possible in the Commission Chamber, City Hall, 1126 East S.R. 434, Winter Springs, FL. 32708 Copies of the proposed ordinance are available in the office 01 the City Clerk for inspection. Inter!lsted parties may appear.at this hearing and be heard with respect to this proposed ordinance. Persons are advised that if they de- cide to appeal any decision made III this m!l8ting, they will need a record of the proceedings and fQr such pur- pose, they may need to ensure that a verbatim 'ffICord "I the proceedings is made which record includes the testi- mony and evidence upon which the appeal is to be based per Section 286.0105 Florida Statutes. Dated this 16th day of Sept. 1985. CITY OF WINTER SPRINGS FL~IDA Is/Mary T. Norton Mary T. Norton, City Clerk Lg..969(6S) Sept.29,1985 , who on oath says that she is the Legal Advertising Representative of the Orlando Sentinel, a Daily newspaper Before the undersigned authority personally appeared Nancy A. Puglia published at Altamonte Springs, in Seminole County, Florida; that the attached copy of ad- vertisement, being II Not ice 0 f Pub 1 i c H ear i n g in the matter of Ordinance Relating to Water and Sewer User Charges etc in the Court, was published in said newspaper in the issues of September 29, 1985 Affiant further says that the said Orlando Sentinel is a newspaper published at Altamonte Springs, in Seminole County, Florida, and that the said newspaper has heretofore been contin- uously published in said Seminole County, Florida, each Week Day and has been entered as second-clll&'l mail matter at the post office in Altamonte Springs, in said Seminole County, Florida for a period of one year next preceding the first publication of the attached copy of ad- vertisement; and affiant further says that he/she has neither paid nor promised any person, firm or corporation any discount, rebate, commission or refund for the purpose of securing this advertisement for publication in the said newspaper. )c\~l1_A ,pk~ of OCTV N . ot!ll'Y. Puhlic'd t L otary PubliC, . tate of"Flon a a arg~ My Commis3ion Expires March 4, 19 Bonded Thru Brown & Brown, Inc. FORM NO. AD-264 ~\1 ~