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HomeMy WebLinkAboutOrdinance 2002-20 Amending/Water ORDINANCE NO. 2002-20 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF WINTER SPRINGS, FLORIDA, AMENDING THE CODE OF ORDINANCES REGARDING WATER, W ASTEW A TER, RECLAIMED WATER, STORMW A TER RATES, FEES, AND CHARGES; AMENDING SEC. 19-97 BILLING, PAYMENT, DELINQUENCY, SEC. 19-100 APPLICATION REQUIREMENTS, SEC. 19-102 USER CHARGE SCHEDULE, GENERAL, SEe. 19-138 RATES AND CHARGES, AND SEC. 19-164(a) SCHEDULE OF RATES; PROVIDING FOR THE REPEAL OF PRIOR INCONSISTENT ORDINANCES AND RESOLUTIONS; PROVIDING FOR INCORPORATION INTO THE CODE; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City Commission of the City of Winter Springs, Florida, has determined it to be in the best interest of the safety, health, and welfare of the citizens of the City of Winter Springs to provide for the adoption of Rates, Fees and Charges relating to the water, wastewater and reclaimed water system; and WHEREAS, the City Commission of the City of Winter Springs, Florida, has determined it to be in the best interest of the safety, health, and welfare of the citizens of the City of Winter Springs to provide for the adoption of the Rates, Fees and Charges relating to the stormwater management system; and WHEREAS, at the request of the City of Winter Springs, Public Resources Management Group, Inc. has conducted a review of the existing water, wastewater, reclaimed water and stormwater rates to determine the appropriateness of such rates to meet the anticipated expenditure requirements of each respective utility division; and WHEREAS, the Public WorkslUtility Director and the rate consultant, upon review of the utilities rates and structure, recommend that a change in rates is appropriate at this time; and WHEREAS, this Ordinance is enacted pursuant to the Florida Municipal Home Rule Powers Act, Chapter 180, Florida Statutes, and other applicable law authorizing a municipality to set rates, fees, and charges for public utility services; and WHEREAS, it is in the best interests of the public health, safety, and welfare of the citizens of Winter Springs to amend the rates, fees, and charges for water, wastewater, reclaimed water, and stormwater provided by the City. NOW, THEREFORE, THE CITY COMMISSION OF THE CITY OF WINTER SPRINGS HEREBY ORDAINS, AS FOLLOWS: Section 1. Recitals. The foregoing recitals are hereby incorporated herein by this reference. City of Winter Springs Ordinance No. 2002-20 Page 1 of 12 Section 2. Code Amendment, Sec. 19-97. The City of Winter Springs Code, Section 19-97 is hereby amended as follows (underlined type indicates additions and type indicates deletions): Sec. 19-97. Billing, payment, delinquency. Users of the water andLill: wastewater system.!. or garbage collection shall be billed monthly and payment shall be due when rendered. If payment is not received by the city in full within twenty (20) days from the date of mailing, the unpaid amount is to be considered to be in arrears and shall be considered delinquent and a delinquent notice will be issued. If there is an arrearage amount due when the delinquent bill is printed, a late fee will be assessed at the rate of five (5) percent per month on the arrearage amount or five dollars ($5.00), whichever amount is greater. The customer shall be notified of the delinquent amount along with the late fee charges by reference in the mailing of a delinquent notice as considered necessary by the City Manager or his designee. If the entire bill if not paid in full within ten (10) days from the date of mailing of the delinquent notice, service shall be discontinued. A fee of thirty dollars ($30.00) shall be assessed to reinstate service, and a fee of thirty-five dollars ($35.00) shall be assessed for reinstallment of a meter if removed for nonpayment or unable to lock-off. A fee of twenty dollars or 5.0% of the face amount of the check. whichever is greater shall be assessed for each check returned for insufficient funds or closed account. Any customer who has two (2) returned checks within a six-month period will be required to make payment in cash or money order. Section 3. Code Amendment, Sec. 19-100. The City of Winter Springs Code, Section 19- 100 is hereby amended as follows (underlined type indicates additions and type indicates deletions): Sec. 19-100. Application Requirements. (a) All applications shall be made at the business office during office hours. (b) Each applicant shall be required to provide information and pay fees at the time of application. (1) Residential users. Application shall include but not be limited to the following information: a. Name(s) of applicant; b. Address for which the service is requested and the residence of the applicant, if different; and c. Residence telephone number of the applicant at the service address and at the residence address, if different. City of Winter Springs Ordinance No. 2002-20 Page 2 of 12 A deposit fee and an application fee shall be assessed at the time of application for seIVice. The deposit fee shall accrue interest at a rate not to exceed six (6) percent per annum as determined periodically by the city manager or his designee, and shall be paid annually to the applicant. Upon completion of twenty-five (25) months of seIVice with no delinquents during the previous twenty-four (24) months, the deposit will be refunded. The twenty-five-month time period will commence again upon the first turn off of seIVice for nonpayment. A new deposit will be required to be paid by the customer upon the first time seIVice is discontinued after the original reQuired deposit has been refunded. When service is terminated, the deposit plus the interest less any outstanding fees and charges shall be refunded to the user. The residential deposits will be based on the seIVices provided by the city to such residence. The following deposit schedule shall apply: Residential Deposit Amount* Water only seIVice . . . . . . . $ 30.00 70.00 100.00 Sewer only service . . . . . . . Water and sewer service . . . *Reflects deposit for water and wastewater service only; other deposits for services billed on the utility bill, if any, are in addition to the above-referenced deposits. An inspection fee shall be assessed at application and for each connection when applicable; refer to miscellaneous charges, section 19-102(5)c. (2) Nonresidential users. Application shall include such information as the Utility Director 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 a rate not to exceed six (6) percent per annum as determined by the City Manager or his designee, and shall be paid annually to the applicant. The deposit shall be held for the term of seIVice. When seIVice is terminated, the deposit plus interest less any outstanding fees and charges shall be refunded to the user. The deposit shall be equal to two (2) times the average monthly bill for seIVice as determined by the City Manager or his designee, but in no event shall the deposit be less than two hundred twenty-five dollars ($225.00). City of Winter Springs Ordinance No. 2002-20 Page 3 of 12 An inspection fee shall be assessed at application and for each connection when applicable; refer to miscellaneous charges, section 19-102(5)c. Section 4. Repeal of Prior Sec. 19-102. The City of Winter Springs Code, Section 19-102 is hereby repealed in its entirety, and shall be replaced as follows (underlined type indicates new text): Sec. 19-102. User charge schedule. general. The following rates and charges shall avvly to all systems unless otherwise specifically stated: (1) Monthlv water service rates. The monthly water rate shall include the sum of the base facility charge based on the size of the meter plus a volume charge per one thousand (1.000) gallons or a fraction thereof of metered water consumption as set forth below. Bills Rendered on or after July 1. 2002 a. lndividuallv Metered Residential Service Base Facility Charge All meter sizes $3.85 Bills Rendered on or after July 1. 2003 Monthly Charge $4.11 Bills Rendered on or after July 1. 2004 $4.39 Charge Der thousand (1.000) gallons Volume Charge - Domestic Service (gallons) 0-10.000 10.001-15.000 15.001-20.000 20.001-25.000 25.001-30.000 Over 30.000 0.97 1.34 1.60 1.87 2.14 2.67 Volume Charge - Irrigation Service (gallons) (*) 0-5.000 5.001-10.000 10.001-15.000 15.001-20.000 Over 20.000 $1.34 1.60 1.87 2.14 2.67 1.04 1.43 1.71 2.00 2.28 2.85 $1.43 1.71 2.00 2.28 2.85 1.11 1.53 1.82 2.13 2.44 3.04 $1.53 1.82 2.13 2.44 3.04 [*] Reflects water use for residential irrigation service which is metered in addition to domestic service from a single service connection to water system. For those customers which receive dual metered service from a single service connection. the base facility charge will only be aoolied to domestic service City of Winter Springs Ordinance No. 2002-20 Page 4 of 12 Bills Rendered Bills Rendered Bills Rendered on or after July 1. on or after on or after July 2002 July 1. 2003 1.2004 ERC Factor Monthly Charge b. Master Metered Residential and Nonresidential Service Base Facilitv Charge (meter size) 5/8 x 3/4 and 3/4 inch 1.0 $3.85 $4.11 $4.39 1 inch 2.5 9.65 10.30 11.00 1 1/2 inch 5.0 19.25 20.55 21.94 2 inch 8.0 30.80 32.88 35.10 3 inch 16.0 61.60 65.76 70.20 4 inch 25.0 96.25 102.75 109.68 6 inch 50.0 192.50 205.49 219.36 8 inch 80.0 308.00 328.80 351.20 Volume Charge - Domestic Service oer 1.000 gallons 1.37 1.46 1.56 Volume Charge - Irrigation Service per ERC (~allons) [*1 0-5.000 $1.34 $1.43 $1.53 5.001-10.000 1.60 1.71 1.82 10.001-15.000 1.87 2.00 2.13 15.001-20.000 2.14 2.28 2.44 Over 20.000 2.67 2.85 3.04 [*] For those customers which receive both individually metered domestic and irrigation service from a single service connection. the base facility charge will only be applied to domestic service (one charge per service connection). Bills Rendered on or after July 1. 2002 Bills Rendered on or after July 1. 2003 Bills Rendered on or after July 1. 2004 ERC Factor Monthlv Charge c. General Irrigation Meter Service (*) Base Facilitv Charge (meter size) 5/8 x 3/4 and 3/4 inch 1.0 City of Winter Springs Ordinance No. 2002-20 Page 5 of 12 $3.85 $4.11 $4.39 1 inch 1 1/2 inch 2 inch 3 inch 4 inch 6 inch 8 inch 2.5 5.0 8.0 16.0 25.0 50.0 80.0 9.65 19.25 30.80 61.60 96.25 192.50 308.00 10.30 20.55 32.88 65.76 102.75 205.49 328.80 11.00 21.94 35.10 70.20 109.68 219.36 351.20 Charge per thousand (1.000) gallons Volume Charge per ERC 0-10.000 $0.97 $1.04 $1.11 10.001-15.000 1.34 1.43 1.53 15.001-20.000 1.60 1. 71 1.82 20.001-25.000 1.87 2.00 2.13 25.001-30.000 2.14 2.28 2.44 Over 30.000 2.67 2.85 3.04 [*] Reflects water use for nonresidential irrigation service which is metered from a separate and distinct service connection to the water svstem. The base facility charge is the minimum monthly charge applied in each account and will not be assessed if the service is discontinued. d. A twenty-five (25) percent surcharge on the monthly water service rates shall be assessed to customers located outside the City limits pursuant to Section 180.191, Florida Statutes. (2) Water meter charges. The water meter charge shall be based on the size of the meter as follows: Meter Size (in inches) Meter Installation Onlv $120.00 190.00 230.00 260.00 280.00 450.00 480.00 700.00 640.00 900.00 5/8 x 3/4 5/8 x 3/4 remote read 5/8 x 3/4 double check 1 remote read 5/8 x 3/4 double check remote read 1 meter plus backflow prevention device 1 1/2 remote read 1 1/2 meter plus backflow prevention device 2 remote read 2 meter with separate double check valve Installation Tap-In $350.00 350.00 380.00 390.00 420.00 600.00 660.00 900.00 840.00 1.100.00 For all meters larger than two (2) inches. the meter charge shall be based upon the actual cost of: i) the meter plus materials: ii) labor and equipment/machinery vehicle requirements associated with the installation: iii) an allowance for City of Winter Springs Ordinance No. 2002-20 Page 6 of 12 administration: and iv) other items directly related to the installation. all as determined by the city. (3) Monthly sewer service rates. The monthly sewer rate shall include the sum of the base facility charee based on the size of the meter plus a volume charge per one thousand (1.000) gallons or a fraction thereof of metered water consumption as set forth below. Bills Bills Bills Rendered Rendered Rendered on or after on or after on or after July 1. 2002 July 1. 2003 July 1. 2004 Base Facility Charge Meter size (in inches) a. All Customer Classes Base Facility Charges 5/8 x 3/4 and % $7.10 17.75 35.50 56.80 113.60 177.50 355.00 568.00 Charge per 1.000 gallons Individually Metered Residential (first 10.000 gallons) Master Metered Residential (no maximum) Master Metered Nonresidential (no maximum) 2.77 2.77 2.77 $7.58 18.95 37.90 60.63 121.27 189.48 378.96 606.40 2.96 2.96 2.96 $8.09 20.23 40.45 64.73 129.45 202.27 404.54 647.20 3.16 3.16 3.16 The base facility charge is the minimum monthly charge applied to each account and will not be assessed if the service is discontinued. A twenty-five (25) percent surcharge on the monthly sewer service rates shall be assessed to customers located outside the city limits pursuant to Section 180.191. Florida Statutes. (4) Service Availability Charges. A service availability charge shall be imposed and levied on all development requesting water and/or wastewater capacity to provide service to their properties and on all properties when structural chanes. additions or changes in permitted use shall result in an increase in capacity requirements from the City's water and/or wastewater system. a. The Service Availabilitv Fees shall be as follows: City of Winter Springs Ordinance No. 2002-20 Page 7 of 12 Water Availability Fee........................$1.48 per gallon Sewer Availability Fee....................... .$7.33 per gallon b. The determination of the amount of capacity shall be based on a schedule of minimum daily flows for the Residential Users: 1 and 2 bedroom apartments. multi-family 1 and 2 bedroom townhomes. multi-family 3 bedroom. multi-family Mobile homes. Single-family. per home Single-family residential Minimum Daily Flow (gallons oer day) Water Sewer 300 250 300 350 350 350 250 300 250 300 c. The determination of the amount of capacity for the non-residential users shall be based on the flow rates contained in Florida Administrative Code. 64E-6. as may be amended or renumbered from time to time. Separate Laundry Facilities for apartments or multi-family complexes are not included in the per unit flow rates included in (4)b above. d. With respect to the determination of the water and wastewater service availability fees for non-residential development. if no water and wastewater capacity estimates are provided. the City reserves the right to estimate the average dependable daily capacity as referenced in this section and determine the appropriate service availability fee to be charged to such owner or applicant. e. The City reserves the right to review the amount of water and/or wastewater consumption during the first eighteen (18) months of service and shall bill to the owner or applicant any adiustment to the water and wastewater service availability fees for capacity use in excess of amounts which have been paid by the owner or applicant. Any additional service availability fee payments shall be billed to the owner or applicant at the same rate that was initially billed at time of building permit issuance. (5) Miscellaneous charges: a. Reinstatement fee for turning on service after disconnections for nonpayment of bill.. .$30.00 City of Winter Springs Ordinance No. 2002-20 Page 8 of 12 b. Fee or charge for actual damages (whichever is greater) for contamination or alteration of a water meter, line or connection... 75.00 c. Inspection fee for each connection requested.. .30.00 d. Fee for all checks returned by bank, includes checks returned for insufficient funds or closed account.. .20.00 e. Application fee.. .15.00 f. Reinstallation charges for meter removed because of nonpayment or inability to lock off.. .35.00 g. Pretreatment charge, as established by the city commission by resolution. h. Capacity reservation charge, $0.35 per sewer gallon per year. 1. Television inspection of new sewer mains and laterals installed by contractors for acceptance by city: 1. Inspection fee usmg the city's T.V. camera and crew, per hour.. .$100.00 2. Inspector only (contractor supplies camera and crew), per hour. . .30.00 Section 5. Code Amendment, Sec. 19-138. The City of Winter Springs Code, Section 19- 138 is hereby amended as follows (underlined type indicates additions and type indicates deletions): Sec. 19-138. Rates and charges. (a) A rate shall be charged to the customers on the reclaimed water system in accordance with the following schedule: (1) For nonmetered service for tracts of one-half (1/2) acre size or smaller, the monthly charge shall be eight dollars and fifty-five cents ($8.55). (2) For nonmetered service for tracts greater than one-half (112) area, an additional monthly fee of eight dollars and fifty-five cents ($8.55) for each additional irrigated one-half (1/2) acre shall be added to the base charge of iWe eight dollars and fifty-five cents ($8.55). (3) For customers receiving metered service, the monthly charge shall be the sum of the base charge of three dollars and fifty-five cents ($3.55), plus City of Winter Springs Ordinance No. 2002-20 Page 9 of 12 a consumptive charge of twenty-five cents ($0.25) per one thousand (1,000) gallons for usage up to twenty thousand gallons (20.000) per month and fifty cents ($0.50) per one thousand (1.000) gallons for all metered reclaimed water usage over twenty thousand gallons (20,000) per month. (4) As nonmetered customers of the reclaimed water system become metered. the newly metered customer shall be subject to the monthly rates and charges as identified in Section 19-138(a)(3). Customer shall be subiect to charges for metered service effective the next available billing period subsequent to installation of the reclaimed water meter. (b) The customer shall not be required to pay all costs associated with the purchase and installation of the meter. The Public Works/Utilitv Director or their designee may waive the requirement for a meter where a suitable alternative method exists for the calculation of the water usage and where the customer agrees to pay the metered rate for the calculated amount of water usage. (c) Connection to the reclaimed water system; connection charges. All connections to the reclaimed water system shall be approved by the Public Works/Utilitv Director or their designee. The total connection charge will consist of tapping fee for the reclaimed water service and the fee for installing a backflow prevention device on each potable water line servicing the same tract. Nonmetered Service Size (in inches) Backflow Prevention Fee 3/4 to 1 1/2 2 to 8 Tapping FeelPlus Material Actual Cost $150.00 $230.00 Actual Cost As an incentive to customers within an area of planned reuse expansion, and to allow the city to make as many taps as possible during construction, all taps for three- quarter-inch or one-inch service will be made without charge to those customers applying for service prior to the beginning of construction. (d) A customer whose service has been discontinued may resume reclaimed water service after paying any past due amounts and a reconnection fee. The reconnection fee shall be equal to the actual cost of reconnection but in no case shall be less than thirty dollars ($30.00). ( e ) Where service has been disconnected for a violation of an ordinance or regulation regarding reclaimed water, such service shall not be reconnected until the City Manager receives adequate assurance and guarantees that such a violation will not recur. City of Winter Springs Ordinance No. 2002-20 Page 10 of 12 Section 6. Code Amendment, Sec. 19-164(a). The City of Winter Springs Code, Section 19- 164(a) is hereby amended as follows: (underlined type indicates additions and type indicates deletions). (a) The stormwater management utility fee shall be three dollars and twenty-five cents ($3.25) per ERU, and shall be calculated for each developed property as follows: 1. The fee for residential developed property is the rate for one (1) ERU multiplied by the number of dwelling units existing on the property. That is, Fee = ERU X number of Dwelling Units. 2. The fee for nonresidential property is the rate for one (1) ERU multiplied by the numerical factor. The numerical factor is obtained by dividing the total impervious area in square feet of the nonresidential property by the square footage for one (1) ERU as set forth in the rate resolution. The resulting calculation is, Fee = ERU rate X (parcel impervious area expressed in square feet/the square footage for one [1] ERU). Section 7. Repeal of Prior Inconsistent Ordinances and Resolutions. All prior inconsistent ordinances and resolutions adopted by the City Commission, or parts of prior ordinances and resolutions in conflict herewith, are hereby repealed to the extent of the conflict. Section 8. Incorporation Into Code. This ordinance shall be incorporated into the Winter Springs City Code and any section or paragraph number or letter and any heading may be changed or modified as necessary to effectuate the foregoing. Section 9. Severability. If any section, subsection, sentence, clause, phrase, word or provision of this ordinance is for any reason held invalid or unconstitutional by any court of competent jurisdiction, whether for substantive, procedural, or any other reason, such portion shall be deemed a separate, distinct and independent provision, and such holding shall not affect the validity of the remaining portions of this ordinance. Section 10. Effective Date. This Ordinance shall become effective immediately upon adoption by the City Commission of the City of Winter Springs, Florida, and pursuant to City Charter. ADOPTED by the City Commission of the City of Winter Springs, Florida, in a regular meeting assembled on the 24TH day of JUNE , 2002. ATTEST: CITY OF WINTER SPRINGS, FLORIDA City of Winter Springs Ordinance No. 2002-20 Page 11 of 12 ANDREA LORENZO-LUACES City Clerk PAUL P. PARTYKA Mayor Approved as to legal form and sufficiency for the City of Winter Springs only: ANTHONY A. GARGANESE City Attorney First Reading JUNE 10. 2002 Posted JUNE 11, 2002 Second Reading and Public Hearing JUNE 24, 2002 City of Winter Springs Ordinance No. 2002-20 Page 12 of 12 CITY OF WINTER SPRINGS NOTICE OF UTILITY AND STORMWATER RATE-CHANGES The City of winter Springs proposes to adopt the follow- ing Ordinance as stated be- low: ORDINANCE NO. 2002-20 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF WINTER SPRINGS, FLORI- DA, AMENDING THE CODE OF ORDINANCES REGARDING WATER, WASTEWATER, RE- CLAIMED WATER, STORM- WATER RATES, FEES, AND CHARGES; AMENDING SECD 19-97 BILLING, PAYMENT DELINQUENCY, SEC 19-100 APPLICATION REQUIRE- MENTS, SEC 19-102 USER CHARGE SCHEDULE, GENER- AL, SEC 19-130 RATES AND CHARGES, AND SEC 19- 144 (a) SCHEDULE OFR RATES; PROVIDING FOR THE REPEAL OF PRIOR INCONSISTENT OR- ORDINANCES AND RESOLU- TIONS; PROVIDING FOR SEV- ERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. A Public Hearing for the Second Hearing of proposed Ordinance 2002-20 will be held on June 24, 2002 at 6:30 p.m. or soon thereafter, at the commission Chambers City of Winter Springs City Hall, 1126 East State Road 434, Winter Springs, Flori da. Interested parties may appear at the meeting and be heard regarding this matter. The proposed Ordinance. mav be Inspected bv Inter ested parties between 8 a.m. and 5 p.m., Mondav through Frldav, at the Cltv's Clerk's Office at 1126 East State Road 434, Winter Springs, Florida. For more Informa- tion call (407) 327-1800 #227. Persons with disabilities needing assistance to partic ipate In anv of these pro- ceedings should contact the Emplovee Relations Depart. ment Coordinator, 48 hours In advance of tbe meeting at (407)327-1800 #236. This Is a Public Hearing. If vou de- cide to appeal anv decision made bv the Cltv Commis- sion with respect to anv matter considered at this meeting, vou wlll need a re- cord of the proceedings, and for such purposes, vou mav need to ensure that a verba- tim record of the proceed- Ings Is made which the appeal Is based. Andrea Lorenzo-Luaces City Clerk June 13, 2002 Orlando Sentinel Published Daily State of Florida County of Orange Before the undersigned authority personally appeared DEBORAH TONEY , who on oath says that he/she is the Legal Advertising Representative of Orlando Sentinel, a dally newspaper published at ALTAMONTE SPRINGS in SEMINOLE County, Florida; that the attached copy of advertisement, being a CITY Of WINTER SP in the matter of AP 407 327 1800 ORDINANCE 2002-20 in the SEMINOLE Court was published in said newspaper in the issue; of 06/13/02 Affiant further says that the said Orlando Sentinel is a newspaper published at ALTAMONTE SPRINGS in said SEMINOLE County, Florida, and that the said newspaper has heretofore been continuously 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 advertisement; 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. The foregoing instrument was acknowledged before me this 13 day of JUNE , 2002, by DEBORAH TONEY who is personally known to me and who did take an oath. LINDA L. BRIDGEWATER My Comm Exp. 5/29/05 No. DD 029633 (Personally Known)