Loading...
HomeMy WebLinkAboutOrdinance 356 Water/Sewer Fees ORDINANCE NO 356 AN ORDINANCE OF THE CITY OF WINTER SPRINGS, FLORIDA, REPEALING ARTICLE III. USER FEES AND CHARGES, SEC. 16-41 THROUGH SEC. 16-51; PROVIDING FOR THE ADOPTION OF A NEW ARTICLE III. USER FEES AND CHARGES, SEC. 16-41 THROUGH SEC. 16-51, 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, CONFLICTS 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, maintenance, and replacement 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charge the users accordingly; and WHEREAS, Article III, User Fees and Charges, Sec. 16-41 through Sec. 16-51 has become outdated; and WHEREAS, it is necessary to update changes approved by the Florida Department of Environmental Regulation. NOW, THEREFORE, THE CITY COMMISSION OF WINTER SPRINGS, FLORIDA, HEREBY ORDAINS: SECTION I - That the existing ARTICLE III. USER FEES AND CHARGES, SEC. 16-41 through Sec. 16-51 of the Winter Springs Code of Ordinances is hereby repealed. SECTION II - That a new ARTICLE III. USER FEES AND CHARGES, Sec. 16-41 through Sec. 16-51 of the Winter Springs Code of Ordinances is hereby created to read as follows: ARTICLE III. USER FEES AND CHARGES SEC. 16-41. INTENT It is determined and declared to be necessary and conducive to the protection of the public health, safety, welfare and convenience of the CitX of Winter Springs, Florida, to collect charges from all users who contribute wastewater to the City's treatment works and from all users who utilize th~ City's fresh water distribution system. The revenue generation system shall be established to provide adequate funds for operation, maintenance, and replacement of the wastewater treatment works and fresh water distribution system, including debt service and depreciation. The system shall also produce adequate revenue to fund a sewerage system capital improvement account which will accumulate the equivalent future value of the grant received from the State of Florida as adjusted for in- flationary cost increases and in accordance with Chapter 17-50, F.A.C. SEC. 16-42. DEFINITIONS. -1- Commercial User. A non-residential user housed in a retail store, restaurant, office building, laundry, and other private business and service establishment. Governmental User. A non-residential user whose primary purpose is the legislative, judicial, administrative, or regulatory activity of Federal, State or local government. Improvements. The functions which result in expenditures for ob- taining and installing equipment, accessories, or appurtenances which are necessary to extend or upgrade the wastewater treatment works of fresh water distribution system and which better 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 Classifi- cation Manual, 1972, Office of Management and Budget, as amended and supplemented, under the following 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 primary purpose is social, charitable, religious or educational activity and is housed in, in- cluding but not limited to, a school, church, hospital, nursing home, penal institution or other similar establishment. Operation and Maintenance. The funcitons that result in expendi- tures, during the useful life of the wastewater treatment works and the fresh water distribution system, for normal operating expenses such as materials, labor, utilities, debt service, depreciation, professional services and other items which are necessary for managing such system. Replacement. The functions which result in expenditures for ob- taining and installing equipment, accessories, or appurtenances which are necessary during the useful life of the treatment or water works to maintain or regain the necessary capacity and performance of the system. Residential User. A user whose lot, parcel of real estate, or building is used for domestic dwelling purposes only including but not limited to single family, multi-family or mobile home units. Useful Life. The estimated period during which a treatment works will be operated. User. A source which contributes, causes or permits contribution to the wastewater treatment works and a source which employs the fresh water distribution system. SEC. 16-43. CONSERVATION METHODS. The Utility Department with approval of the City Commission shall implement the necessary steps to guarantee an adequate supply of potable water to all customers. SEC. 16-44. 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. In addition, funds shall be deposited annually into the sewerage system capital improvement account in accordance with the requirements of Chapter 17-50, F.A.C. Funds may be deposited on a more frequent basis into the capital improvement account to provide for early termination if determined to be in the best interests of the City. -2- Annual certification by a certified public accountant is required to verify that the sewerage system capital improvement account is maintained in accordance with Chapter 17-50, F.A.C. SEC. 16-45. USER CHARGES (a) Service Charge. Each user shall pay for the services provided by the City of Winter Springs based on the use of the wastewater treatment works and fresh water distribution system as determined by water meter read- ings, 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 the Code of Ordinances or any other item which causes an increase in the cost of managing the effluent or the sludge from the wastewater treatment works, or any user which discharges any substance which singly or by interaction with other substances causes identifiable 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 unauthorized alteration 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 Developer Agreement. The charge shall be assessed on a per gallon basis and be related to the out- standing debt service of the wastewater treatment and fresh water distribution system. This fee in total shall be due in full not later than 30 days after the of first day of the fiscal year or 30 days from the date of availability and acceptance capacity. (e) Pretreatment Charge. A user shall pay a charge for a pre- treatment program, if applicable, which shall include, but not be limited to charges for monitoring inspection, approval, and permitting. After a determination by the Utility Manager tht such fees are required by the Code of Ordinances, the charges may be established by the City Commission and assess- ment at the time of application. (f) Service Availability Charges. A new user requiring a new connection to the sewer and water treatment facilities shall pay a charge for sewer and water capacity available at the treatment facilities, distribution system and collection system. The charge shall be assessed on a per gallon basis and shall be related to the cost of providing said capacity. Developers will be required to enter into a Developer's Agreement, which outlines in more detail the requirements of connection to the City's utility system. These charges do not include actual physical connection to the utility system. SEC. 16-46. LATE PAYMENTS. Users of the Wastewater treatment and fresh water distribution 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 ($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. -3- SEC. 16-47. 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 written request shall, when necessary, show the actual or estimated average flow of his waste- water 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. 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. SEC. 16-48. 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, and replacement including depreciation, and debt service, and the sewerage system capital improvement account. The system shall also be reviewed to ensure that it continues to provide for the proportional distribution charges among users and user classes. The City shall notify each user at least annually of the rate being charged for operation, and maintenance, and replacement including debt service and depreciation of the wastewater treatment works and fresh water distribution system. SEC. 16-49 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 be limited to the following information: 1. name(s) 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 deposit fee and an application shall be assessed at the time of application. The deposit fee shall accrue interest at the rate of six (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. An inspection fee shall be assessed at application and for each connection when applicable. (b) Non residential users. Applications shall include such information as the Utility Manager prescribes and that is necessary for classification, reference, and other similar identification purposes. A deposit fee and an application fee shall be assessed at 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. -4- SEC. 16-50. 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. Emergency service shall not be available to users whose account is delinquent. SEC. 16-51. 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 6" 178.85 Charge per 1,000 gallons .91 The base facility charge will not be assessed if the service is discontinued. 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" 530.00 For all meters larger than 2", the water meter charge shall be based upon the actual cost of the meter plus materials and installation 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 -5- 6" 332.41 Charge per 1,000 gallons: Residential (First 10,000 gallons) 2.59 Commercial (No maximum) The base facility charge will not be assessed if the service is discontinued. 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 and main Capacity charge 3.l0/gallon The following is a schedule of minimum daily flows which shall be used in calculating flow capacity and be used in determining related permits: Minimum Daily Flow 1 & 2 Bdrm. Apartments Multifamily 200 GPD 1 & 2 Bdrm. Townhomes Multifamily 200 GPD 3 Bdrm. Multifamily 300 GPD Mobile Homes Single-Family 250 GPD (Per Home) Single-Family Residential 300 GPD WATER Water plant and main Capacity charge 1.12/ gallon 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. Minimum Daily Flow 1 & 2 Bdrm. Apartments Multifamily 280 GPD 1 & 2 Bdrm. Townhomes Multifamily 420 GPD .... typo-should be 350 350 GPD (per home) 420 GPD typo-should be 350 280 GPD 3 Bdrm. Multifamily Mobile Homes Single Family Single-Family Residential Water (3/4" x 5/8" meter) All other types of users not listed above are based on the flow rates contained in DER Technical Information Memorandum subject: Estimated Sewage Flow. Separate laundry facilities for apartment or multifamily complexes are not included in the per unit flow rates shown above. -6- MISCELLANEOUS CHARGES $10.00 reinstatement fee for turning on service after dis- connection 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 Commissioners. $65.00 deposit fee for the residential users. $200.00 deposit fee for non-residential users. Capacity reservation charge established in a Developer Agreement. SEC. 16-52. SEVERABILITY. If any section or subsection of the Ordinance proves to be invalid, unlawful, or unconstitutional, it should not be held to invalidate or impair the validity, force or effect of any other section or portion of a section or subsection or part of this Ordinance. SEC. 16-53. All Ordinances or parts of Ordinances in conflict herewith are hereby repealed. SEC. 16-54. This Ordinance shall take effect immediately upon its final passage and adoption. Passed and adopted this 8th day of December, 1986. CITY OF WINTER SPRINGS JOHN V. TORCASO, MAYOR ATTEST: Mary T. Norton CITY CLERK First Reading: 10/13/86 Posted 10/21/86 Second Reading & Public Hearing 12/8/86 1/23/87-Telecom-DER w/city mgr.-ordinance accepted The'odando Sentinel -~--~ Pub~ Daily A1tamonte SpriDga, Seminole County, Florida $34.39 ADVERTISING CHARGE ~tate of Jflori~m} SS. COUNTY OF ORANGE Sworn to and subscribed before me this 18th rla~~ NonCE OF PUBLIC HEARING I CITY OF WINTER lIPRlNGS N9TICE IS.HEREBY GIVEN by the) CIty CommiSSion of ltMl City of Winter Springs, Florid.. that saki City C0m- mIssion will hOkI a Public Hearing on an ordInance entitled as follows: ORDINANCE NO. 356 ANORDINANce'OF THE CITY OF WINTER SPRINGS, FlORIDA, RE- PEALING ARTICLE III. USER FEES AND CHARGES, SEC. 16-41 THROUGH SEC. 18-51; PROVID- ING FOR THE ADOPnON OF A NEW ARTICLE III. USER FEES AND CHARGES, SEC. 16-41 THROUGH SEC. 18-51, RELAT- ING TO.WATER AND SEWER USER CHARGES AND OTHER RELATED CHARGES AND FEES' I, PROVIDING DEFINITIONS' PR~ V1DING PURPOSES FOR 'FlEVE- NUE.S; PROVISING PROCE- . .CURES FOR PAYMENT OF CHARGES AND FEES; PROVID- ING PROCEDURES FOR REVIEW; PROVIDING THE USER CHARGE SCHEDULE; PROVIDING SEVER- ABILITY, CONFLICTS AND EF- FECTIVE DATE. - This Public Hearing will be tiekI at 7:30 p.m. on Monday, Dec. 8, 1986, or as soon ltMlreafter .. possible, at the Commission Chambers, City HslI, 1126 Eaat S. R. 434, Winter Springs, FI. 32708. Copies of ltMl proposed ordinance are available In the office of ltMl City Clerk for Inspection. Intereated parties may appear at this hearing and be heard with respect to this proposed ordinance. Persons are edvlsed that if ltMly de- CIde to eppeal any decision made at this meeting, ltMly will _ a record of the proceedings and for such pur- pose, they may _ to enaurethat a verbatim record of ltMl proceedings is made which record'inclucleli ltMlteati- mony end 8YkIenoe upon which ltMl appeal is to be baaed per Section 286.0105 Florida Statutes. Dated this 7th day of Nov., 1988. CITY OF WINTER SPRINGS, FLORIDA Is/MarY T.' Nor1on Mary T. Nor1on, City Clerk I !':-SS2l6sl Nov.16,l986 . who on oath says that she is the Legal Advertising Representative of the Orlando Sentinel, a Daily newspaper Before the undersigned authority personally appeared Catherine Deering published at Altamonte Springs, in Seminole County, Florida; that the attached copy of ad- Notice of Public Hearing vertisement, being II in the matter of Ordinance No. 356 in the Court, was published in said newspaper in the issues of November 16, 1986 Mfiant 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-class 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 affi her says that he/she has neither paid nor promised any person, firm or corporation y disco t, rebate, commissio refund for the purpose of securing this advertisement for pu lication in 'd newspaper, of November ~ N~,'1 Public, State of Florida My Commission EX;Jires July 31, Bonded Thru Brown & Brown, 86 FORM NO. AD-264