HomeMy WebLinkAboutVI (A1, 2 a) Second Reading of Ordinance No. 2003-24 & Ordinance No. 2003-25 Agenda 7-I5-2003
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STAFF REPORT
TO: The Honorable Mayor and City Commissioners
FROM: David A. Wheeler, P E., Director of Public Works
DATE: July 8, 2003
RE: Proposed Water, Wastewater, and Reuse Rate Change
ISSUE
The financial trend for the water/wastewater fund over the last few years indicates revenues are
increasing at a slower rate than expenditures. The City's water system has been operating in
violation of its Consumptive Use Permit (CUP) with the St Johns River Water Management
District (SIRWMD) since it was issued in 1996. The attached Ordinances 2003-24 for Chapter
173 —Water and Sewers and 2003-25 for Chapter 174— Reclaimed Water along with Resolution
2003-17 includes changes to the rate stnictures for water, wastewater, and reuse to assist in
bringing Ocoee into regulatory compliance and meet the immediate and future financial needs of
the Water and Wastewater funds for the next ten years.
BACKGROUND/DISCUSSION
Revenues have increased at an average rate of 4% while expenditures have averaged an 8%
increase for the last three years. This trend has been highlighted by the auditors in their Annual
Report to the Commission over the past few years. Last year it appeared as a written comment
on the Management Letter. The City has two options, increase revenues or decrease
expenditures. Staff has reduced expenditures (primarily capital) over the past few years and is
unable to reduce further without impacting services. With the exception of the temporary change
to an inclined rate structure in 1998, the existing flat rate structure has been in place since 1991.
An annual increase in the volumetric charge was implemented in October 2001. Though
revenues are increasing due to the increase in customer base, expenditures are increasing at a
higher level primarily due to personnel and operating costs and debt service. This fund has
relied heavily on fund balance to maintain the levels of service thus reducing fund balance
significantly. The amount of operating revenues used to fund debt service has increased since
the revenues from the impact fees has reduced due to the use of prepaid capacity and
development outside of the utility service area (for example the Westyn Bay and Forestbrooke
subdivisions). Additionally, because of the financial trends, the coverage on the City's current
water and wastewater bond issues is declining and if this continues the City will default on its
bond covenants for coverage.
Ocoee's CUP permit was issued in December of 1996 and it set levels for maximum daily
withdrawals and maximum annual withdrawals of groundwater. Ocoee has exceeded these two
levels starting in 1996. SJRWMD has noticed the City about this non-compliance issue for the
past two years and is ready to issue a Consent Order requiring compliance should the City chose
not to take any actions to correct this situation. The order could require Ocoee to take similar
steps to those discussed in the Orlando Sentinel article on what Polk County is doing to comply
with their CUP permit. Those steps were an inclined block rate structure for water conservation,
strict enforcement of the water shortage order, and continued expansion of the reuse system to
aid in the reduction of the potable water usage for irrigation. The threat of excessive fines is also
a very real possibility if the non-compliance continues.
For example, in 2002, Ocoee treated and pumped to its customers 1,868.74 million gallons of
water. The CUP only allowed 1,348.8 million gallons. This equates to an excess of 1.42 million
gallons per day that Ocoee exceeded its CUP. Ocoee is very much out of compliance. Two
things that Ocoee can do to help it comply are to enact a water conservation inclined block rate
structure and to continue to expand our reuse service to more customers.
In February, staff presented a project list which included many projects to expand our reuse
usage within Oocee's utility service area and reduce potable water usage. The proposed inclined
block rate structure meets the other requirement. By implementing these two programs, Ocoee
will move significantly towards compliance. The City should also continue the POWR program
to educate our residents on water conservation issues and measures.
The third reason for the rate structure change is to fund additional capital improvement projects
over the next ten years. The projects proposed in February were to be funded by the bond
refinancing. Subsequently two additional projects were identified and included in the
refinancing, they were:
Utility Relocation as part of the Old Winter Garden Road Project $1,000,000
Relocation and upgrade of the force main on SR 50 $1,500,000
Other projects that have been identified are:
Maine Street through Story Road roadway project utility work $2,500,000
Reuse retrofit in Cross Creek subdivision $ 750,000
Reuse retrofit in the Wesmere subdivision $2,000,000
Maguire Road to Clarke Road reuse main $1,000,000
Utility relocation along SR 50 $2,500,000
The intent with the rate structure change is to not only encourage the utility customers to reduce
water usage, therefore conserving, but to provide a funding mechanism for capital projects over
the next ten years. Because of the magnitude of the rate structure change, staff has taken a very
conservative approach to capital improvements in the near term future. If the Mobility 2020
program is approved later this year, the SR 50 widening and the construction of the Maine Street
and Story Road projects move to an urgent need to be funded based upon the projected time
schedule in the plan. The continued growth of the reuse system outside of new development
needs to continue to provide reuse water to reduce potable water demands for irrigation and to
allow for other expansions to the existing customers. If the Mobility 2020 program is not
approved then those funds could he shifted to expansion of the reuse system service area.
Staff believes the proposed inclined block rate with the annual indexing increase will allow the
City to comply with the SJRWMD requirement to conserve water, fund future capital needs and
increase funds available for operation and maintenance of the water and wastewater utility
systems, thus reversing the negative financial trend.
ORDINANCE NO. 2003-24
AN ORDINANCE OF THE CITY OF OCOEE, FLORIDA
REPEALING ARTICLES I, II AND III OF CHAPTER 173
OF THE CODE OF ORDINANCES OF THE CITY OF
OCOEE RELATING TO WATER AND SEWERS;
ADOPTING ARTICLE I OF CHAPTER 173 RELATED TO
GENERAL TERMS, INCLUDING THE PROVISION OF ,
SECTION 173-4 WHICH IN SOME INSTANCES
INCREASES WATER AND SEWER RATES; ADOPTING
ARTICLE II OF CHAPTER 173 RELATED TO WATER
SYSTEM EXTENSIONS; ADOPTING ARTICLE III OF
CHAPTER 173 RELATED TO SEWER SYSTEM
EXTENSIONS; AMENDING SECTIONS 173-41.D, 173-41.E,
173.49.D AND 173-49.E OF CHAPTER 173 IN ORDER TO
CHANGE "CITY ENGINEER" TO "DIRECTOR";
AMENDING SECTIONS 173-57 AND 173-66 OF CHAPTER
173 IN ORDER TO CHANGE "UTILITIES" TO "PUBLIC
WORKS"; AMENDING SECTION 173-59 OF CHAPTER
173 IN ORDER TO CHANGE "UTILITIES DIRECTOR"
TO "DIRECTOR"; AMENDING SECTION 173-61 OF
CHAPTER 173 IN ORDER TO CHANGE WHO MAY
INSTALL, TEST AND MAINTAIN PROTECTIVE
DEVISES; PROVIDING FOR CODIFICATION;
PROVIDING FOR SEVERABILITY; PROVIDING AN
EFFECTIVE DATE.
WHEREAS, the City Commission of the City of Ocoee has the authority to
adopt this Ordinance pursuant to Article VIII of the Constitution of the State of Florida and
Chapter 166, Florida Statutes; and
WHEREAS, the City Commission of the City of Ocoee desires to repeal
Articles I, II and III of Chapter 173 of the Code of Ordinances of the City of Ocoee, Florida
relating to Water and Sewers; and
WHEREAS, the City Commission of the City of Ocoee desires to establish new
Articles I, II, and III of Chapter 173 of the Code of Ordinances of the City of Ocoee, Florida
relating to Water and Sewers; and
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WHEREAS, the City Commission of the City of Ocoee desires to amend
Chapter 173 of the Code of Ordinances of the City of Ocoee, relating to Water and Sewers;
and
WHEREAS, notice of the revised rates have been provided to each customer of
the utility through the utility's billing process in accordance with Section 180.136, Florida
Statutes.
NOW, THEREFORE, BE IT ENACTED BY TILE CITY COMMISSION
OF THE CITY OF OCOEE, FLORIDA, AS FOLLOWS:
SECTION 1. Authority. The City Commission of the City of Ocoee has the
authority to adopt this Ordinance pursuant to Article VIII of the Constitution of the State of
Florida and Chapter 166, Florida Statutes.
SECTION 2. Articles I, II and III of Chapter 173 of the Code of Ordinances
are hereby repealed in their entirety.
SECTION 3. The City Commission of the City of Ocoee hereby adopts new
Articles 1, II, and III of Chapter 173 of the Code of Ordinances of the City of Ocoee, Florida
relating to Water and Sewers as set forth in Exhibit "A" attached hereto and by this reference
made part hereof.
SECTION 4. Section 173-41.D of the Code of Ordinances is hereby amended
to read as follows (with additions double-underlined and deletions stricken):
D. If, after one (1) year following an allocation date, no subsequent
allocation date has been scheduled and if water service capacity is available, that
water service capacity may be sold on a first-come-first-served basis. The first-
come-first-served basis shall be determined by the date and time the application
was received by the city. There will be an application fee of five hundred
dollars (5500.) paid to the I'4nanerDepartntenHvhieh,hall-reirnbw=se-lhe-city
for review by the City-Engineer Director and legal fees. The application fee
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shall be retained on all incomplete, erroneous, or withdrawn applications. As
each applicant is offered the opportunity to purchase capacity, the applicant
shall pay one hundred percent (100%) of the water capacity charges currently in
effect. An applicant shall be required to enter into a developer's agreement
which includes but is not limited to payment of revenue and maintenance fees,
design, construction and operation of on-site facilities, allocation and provision
of water services capacity, assignments and transfers.
SECTION 5. Section 173-41.E of the Code of Ordinances is hereby amended
to read as follows (with additions double-underlined and deletions stricken):
E. Water service capacity may be reserved and payment of water capital
charges shall be based on a reasonable estimate; provided, however, that upon
completion of final engineering plan designs, the plan shall be reviewed by the
C-ity—Engineer=pirector for water service capacity needs assessment and
recomputation of water capital charges shall be accomplished. If the final
engineering plans indicate that a water service capacity requirement in excess of
the water service capacity previously reserved is required, additional water
service capacity must be reserved, if available, in accordance with the allocation
methods as may be amended from time to time, and the applicant shall be
required to pay the additional capital charge in effect at time of final
engineering. Failure to pay the additional water capital charge shall result in a
forfeiture of any claim to the additional water service capacity that may have
arisen hereunder. If an applicant requires more water service capacity than is
allocated, it is the applicant's burden to cause the proposed development to be
modified with regard to and subject to the limitations of available water service
capacity, and all applicants shall state on the application form that they
understand that development plans cannot be approved unless and until adequate
water service capacity is available and allocated. All projects, whether
residential, nonresidential or mixed, shall conform to all applicable provisions
of the Land Development Code before being eligible for any certificate of
occupancy. Reservation of water service capacity shall in no way guarantee that
the subject property will be approved in any necessary review process or for
any permit or in any other approval process. No rights of any nature shall vest
in any applicant except as expressly provided.
SECTION 6. Section 173-49.D of the Code of Ordinances is hereby amended
to read as follows (with additions double-underlined and deletions stricken):
D. If, after one (1) year following an allocation date, no subsequent
allocation date has been scheduled and if sewer service capacity is available,
that sewer service capacity may be sold on a first-come-first-served basis. The
first-come-first-served basis shall be determined by the date and time the
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application was received by the city. There will be an application fee of five
hundred dollars ($500.) paid to the Finance—Department -which- shall
reimburse-the-city for the review by the City-Engineer Director and legal fees.
The application fee shall be retained on all incomplete, erroneous or withdrawn
applications. As each applicant is offered the opportunity to purchase capacity,
the applicant shall pay one hundred percent (100%) of the sewer capacity
charges currently in effect. An applicant shall be required to enter into a
developer's agreement which includes but is not limited to payment of revenue
and maintenance fees, design, construction and operation of on-site facilities,
allocation and provision of sewer services capacity, assignments and transfers.
SECTION 7. Section 173-49.E of the Code of Ordinances is hereby amended
to read as follows (with additions double-underlined and deletions stricken):
E. Sewer service capacity may be reserved and payment of sewer capital
charges shall be based on a reasonable estimate; provided, however, that upon
completion of final engineering plan designs, the plan shall be reviewed by the
City—Engineer—Director for sewer service capacity needs assessment and
recomputation of sewer capital charges shall be accomplished. If the final
engineering plans indicate that a sewer service capacity requirement in excess of
the sewer service capacity previously reserved is required, additional sewer
service capacity must he reserved, if available, in accordance with the allocation
methods as may be amended from time to time, and the applicant shall be
required to pay the additional capital charge in effect at time of final
engineering. Failure to pay the additional sewer capital charge shall result in a
forfeiture of any claim to the additional sewer service capacity that may have
arisen hereunder. If an applicant requires more sewer service capacity than is
allocated, it is the applicant's burden to cause his proposed development to be
modified with regard to and subject to the limitations of available sewer service
capacity, and all applicants shall state on the application form that they
understand that development plans cannot be approved unless and until adequate
sewer service capacity is available and allocated. All projects, whether
residential, nonresidential or mixed, shall conform with all applicable
provisions of the Land Development Code before being eligible for any
certificate of occupancy. Reservation of sewer service capacity shall in no way
guarantee that the subject property will be approved in any necessary review
process or for any permit or in any other approval process. No rights of any
nature shall vest in any applicant except as expressly provided.
SECTION S. Section 173-57 of the Code of Ordinances is hereby amended to
read as follows (with additions double-underlined and deletions stricken):
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§ 173-57. Inspections.
The-Utilities Director or his designee shall cause inspections to he made of all
properties served by the public potable water supply where cross-connections
with the public potable water supply is deemed possible. The frequency of
inspections and reinspections based on potential health hazards involved shall be
as established by the Manual of Cross-Connection Control of the Utilities
Public Works Department of the city and in no case shall be less than once per
year. Fees or charges may be established by the city for such inspections by
resolution of the City Commission.
SECTION 9. Section 173-59 of the Code of Ordinances is hereby amended to
read as follows (with additions double-underlined and deletions stricken):
§ 173-59. Discontinued service.
No water service connection shall be installed or maintained by the city unless
the consumer is in compliance with the requirements of the Cross-Connection
Control Manual. Service of water to any premises shall be discontinued if a
backtlow prevention device is not installed, tested and maintained or if an
unprotected cross-connection exists on the premises. Notice shall be given to the
consumer prior to discontinuing service, except where in the judgment of the
Utilities Director or his designee, the threat to public health is such that action
must be taken immediately.
SECTION 10. Section 173-61 of the Code of Ordinances is hereby amended to
read as follows (with additions double-underlined and deletions stricken):
§ 173-61. Expenses and records.
The consumer shall bear all expense of installing, testing and maintaining the
protection devices required by the Cross-Connection Control Manual to ensure
proper operation on a continuing basis. Installation, testing and maintenance of
protective devices shall be conducted by a_licensed or_certified personnel
approved--by-the-cit3os-Utilities-Department-Backflow Prevention Specialist.
The consumer shall notify the city's Utilities- irblic Works Department at least
forty-eight (48) hours in advance, in writing, when the tests are to be
undertaken so that it may have a representative witness the tests if it is so
desired. The consumer shall keep records on his testing, maintenance and repair
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activities related to cross-connection control and shall make these records
available upon request. Copies of all testing, maintenance and repair records
shall be sent to the city's Utilities—Public. Works Department immediately after
the work is performed.
SECTION 11. Section 173-66 of the Code of Ordinances is hereby amended to
read as follows (with additions double-underlined and deletions stricken):
DEPARTMENT -- The City of Ocoee Public $fiMks Works Department.
DIRECTOR -- The Director of the Public Utilities-Woiks Department.
SECTION 12. Codifientinu. It is the intention of the City Commission of the
City that the provisions of this ordinance shall become and be made a part of the Code of
Ordinances of the City; and that sections of this ordinance may be renumbered or re-lettered
and the word "ordinance" may be changed to "chapter," "section," "article," or such other
appropriate word or phrase in order to accomplish such intentions; and regardless of whether
such inclusion in the code is accomplished, sections of this ordinance may be renumbered or
re-lettered and the correction of typographical errors which do not affect the intent maybe
authorized by the City Manager, without need of public hearing, by filing a corrected or re-
codified copy of same with the City Clerk.
SECTION 13. Severahility. If any section, subsection, sentence, clause,
phrase, or portion of this Ordinance is for any reason held invalid or unconstitutional by any
court of competent jurisdiction, such portion shall be deemed a separate, distinct, and
independent provision and such holding shalt not affect the validity of the remaining portion
hereto.
SECTION 14. Effective Date. This Ordinance shall become effective
immediately upon passage and adoption.
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PASSED AND ADOPTED this day of , 2003.
APPROVED:
ATTEST: CITY OF OCOEE, FLORIDA
Jean Grafton, City Clerk S. Scott Vandergrift, Mayor
(SEAL)
ADVERTISED , 2003
READ FIRST TIME , 2003
READ SECOND TIME AND ADOPTED
, 2003
UNDER AGENDA ITEM NO.
FOR USE AND RELIANCE ONLY
BY THE CITY OF OCOEE, FLORIDA
APPROVED AS TO FORM
AND LEGALITY
this day of , 2003.
FOLEY & LARDNER
By:
City Attorney
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EXHIBIT A
ARTICLE I, General Provisions
173-1. Definitions.
The following words, phrases and terms shall have the following meanings:
COLLECTION FACILITIES -- The lines, pipes, lift stations and appurtenant equipment used
to collect sewage from the improvements on the developer's property and to transmit it to the
transmission facilities.
CUSTOMER CHARGE - A charge intended to defray administrative expenses, and the cost
of reading meters and processing billings.
DIRECTOR- Director of Public Works of the City of Ocoee.
DISTRIBUTION FACILITIES — The lines, pipes, meters and appurtenant equipment used to
distribute water from the point of production to the developer's property.
ERU -- Equivalent residential unit as that term is used in the utility's tariff, as it may be
amended from time to time.
FDEP-- The Florida Department of Environmental Protection, an agency of the State of
Florida, or any successor agency.
IMPROVEMENTS -- The improvements which will be constructed and developed by the
developer on the developer's property or by the city projects.
LOT OR TRACT -- Each separate subdivided building site as platted of record or as shown on
the development plan which requires a customer installation.
MASTER PLAN -- The Master Plan for the city's system prepared by the city or its
engineers, as amended or modified from time to time.
NON-RESIDENTIAL - Commercial, industrial, office, warehouse and/or institutional uses,
whether master metered or individually metered; and/or multi-family residential units that are
master metered.
PHASE -- A part of a developer's property which is being or is to he developed as a unit.
PLANS AND SPECIFICATIONS -- Those documents and drawings prepared by a developer's
or the city's engineers for the design and construction of certain sewage and/or water facilities.
PRIMARY INTERCEPTOR FORCE MAIN -- The transmission force main and appurtenant
equipment connecting the collection facilities to the treatment facilities.
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PRIMARY WATER MAIN -- The water main and appurtenant equipment connecting the
distribution facilities to the treatment facilities.
RESIDENTIAL —Single or multi-family residential units that are individually metered.
SEWAGE -- Water-carried wastes from Residential and Non-Residential customers of the city
system.
SEWAGE FACILITIES -- All kinds of facilities, including collection, transmission and
treatment facilities used to provide sewer service capacity.
SEWER CAPITAL CHARGES -- The charges made by the city for each new customer
connection to the city's sewer system, which is designed to defray a portion of the cost of the
city's sewer system, as amended from time to time by the city and set forth in the city's tariff.
SEWER SERVICE -- The transmission, treatment and disposal of sewage in accordance with
applicable governmental requirements and regulations by the city.
SEWER SERVICE CAPACITY -- The readiness and ability of the city to transmit, treat and
dispose of sewage in accordance with applicable governmental requirements and regulations,
typically expressed as a rate of sewage flow measured in gallons per day.
TARIFF -- All ordinances, resolutions, procedures, policies and other practices adopted or
approved from time to time by the City Commission of the City of Ocoee or any other
appropriate governmental agency regarding rates, charges, fees, deposits, availability of
service, rules, regulations, procedures, definitions and other matters relating to the ownership,
operations, maintenance, expansion, improvement and service to the city's system.
WATER -- Water treated by the city at the treatment facilities to be provided to customers of
the city system.
WATER CAPITAL CHARGES -- The charges made by the city for each new customer
connection to the city's sewer/water system, which is designed to defray a portion of the cost
of the city's water/sewer system, as amended from time to time by the city and set forth in the
city's tariff.
WATER FACILITIES -- All kinds of facilities, including distribution, transmission and
treatment facilities used to provide water service capacity.
WATER SERVICE -- The treatment, transmission and distribution of water in accordance
with applicable governmental requirements and regulations by the city.
WATER SERVICE CAPACITY -- The readiness and ability of the city to treat, transmit and
distribute water in accordance with applicable governmental requirements and regulations,
typically expressed as a rate of water flow measured in gallons per day.
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§ 173-2. Irrigation meter tap fee and capital charge.
The city hereby authorizes the establishment of a secondary tap fee for the purposes of
installing a second water meter, which shall be in addition to the potable water meter, to be
used for irrigation purposes only. This fee shalt be computed in the same manner as the meter
installation fee in §173-17; provided that customers installing residential irrigation meters of
three-fourth inch or less shall be exempt from the additional capital charge.
§ 173-3. Account deposit.
A. Each new consumer shall apply to the city for the initiation of water or sewer service
and shall provide such information as may he requested by the city on forms prepared for that
purpose. Such information may include the meter size, type of account (Residential or Non-
Residential), whether a residence is owned or rented and proof of identification, and other
information deemed necessary by the city.
B. Each new consumer shall be required to place on deposit with the city an initial account
deposit. A consumer who does not have a deposit on account with the city may be required to
pay a deposit to the city in accordance with such policies as may from time to time be adopted
by resolution of the City Commission. The deposit is intended as security for the payment of
any bill which may be due to the city. The deposit is transferable by the same consumer to a
new service address, provided that no outstanding balance is past due. The amount of the
deposit shall be as follows:
(1) Residential:
Meter Type Water Deposit Sewer Deposit
3/4-inch
Owner of residence $60.00 $60.00
Renter of residence 80.00 80.00
1-inch 140.00 140.00
(2) Non-Residential:
Meter Type Water Deposit Sewer Deposit
3/4-inch $120.00 $120.00
1-inch $300.00 $300.00
1 '/cinch $450.00 $450.00
2-inch $520.00 $520.00
3-inch and larger To be determined by Director
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C. The City Commission may, by resolution, provide for the accrual of interest on water
and sewer deposits and the timing and circumstances under which such interest will be paid to
consumers, the forfeiture of accrued interest on water and sewer deposits, the timing and
circumstances under which water and sewer deposits will be refunded to consumers and
interest thereon paid to consumers, the timing and circumstances under which water and sewer
deposits will be applied to the payment of any outstanding past due balances and such other
matters related to water and sewer deposits as the City Commission may determine.
§ 173-4. Charges and billing.
A. The following shall be the schedule of monthly rates and charges for water and sewer
service provided by the city. Meters containing two register units shall be billed based upon
the base facility charge for the larger of the two nominal diameter flow paths, plus the sum of
the volumetric charges as determined by the current readings of both registers.
(1) Water.
(a) Customer charge, effective for all bills issued on or after October 1,
2003, without regard to the date of the meter reading.
Meter Type Charge
All Meter Types 51.14
(b) Plus: Base facility charge (zero consumption), effective for all bills
issued on or after October 1, 2003. without regard to the date of the
meter reading:
Meter Type Charge
3/4-inch S 3.70
1-inch 9.25
1 1/2-inch 18.50
2-inch 29.60
3-inch 59.20
4-inch 92.50
6-inch 185.00
8-inch 296.00
10-inch 462.50
12-inch 925.00
(c) Plus: Volumetric (gallons) charges, effective for all bills issued on or
after October 1, 2003, without regard to the date of the meter reading:
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RESIDENTIAL
NUMBER OF GALLONS CHARGE PER 1000 GALLONS
O TO 4,000 GALLONS $0.78
4,001 TO 8,000 GALLONS $1.04
8,001 TO 12,000 GALLONS $2.08
12,001 GALLONS AND GREATER $3.12
NON-RESIDENTIAL
NUMBER OF GALLONS CHARGE PER 1000 GALLONS
O TO 4,000 GALLONS $0.78
4,001 TO 8,000 GALLONS $1.04
8,001 TO 12,000 GALLONS $2.08
12,001 GALLONS AND GREATER $2.08
(2) Sewer.
(a) Customer charge, effective for all bills issued on or after October 1,
2003, without regard to the date of the meter reading.
Meter Type Charge
All Meter Types $1.14
(b) Plus: Base facility charge (zero consumption), effective for all bills
issued on or after October 1, 2003, without regard to the date of the
meter reading:
Meter Type Charge
3/4-inch $12.37
1-inch 30.93
11/2-inch 61.85
2-inch 98.96
3-inch 197.92
4-inch 309.25
6-inch 618.50
8-inch 989.60
10-inch 1,422.51
12-inch 2,659.47
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(c) Plus: Volumetric (gallons) charges effective for all bills issued on or
after October 1, 2003, without regard to the date of the meter reading:
RESIDENTIAL
NUMBER OF GALLONS CHARGE PER 1000 GALLONS
0 TO 4,000 GALLONS $1.98
4,001 TO 8,000 GALLONS $1.98
8,001 TO 12,000 GALLONS $1.98
12,001 GALLONS AND GREATER $0.00
NON-RESIDENTIAL
NUMBER OF GALLONS L_ CHARGE PER 1000 GALLONS
0 TO 4,000 GALLONS $1.98
_ 4,001 TO 8,000 GALLONS $1.98
8,001 TO 12,000 GALLONS $1.98
12,001 GALLONS AND GREATER $1.98
(3) The schedule of monthly rates and charges for water and sewer service provided
by the City as set forth in this Subsection A shall be applicable only to
consumers located within the corporate limits of the City. The schedule of
monthly rates and charges for water and sewer service provided by the City to
consumers outside the corporate limits of the City shall be as provided in §173-
5.1 of this chapter.
B. The billing period for water and sewer charges shall be monthly. All billings for water
and sewer charges shall be due and payable on the 15th day of the month. If the 15th falls on a
weekend or holiday on which City Hall is closed, then the due date shall be extended to the
next business day. The due date shall be shown on each utility bill. Payment in full must be
made by 5:00 p.m. on the due date; otherwise, the account will be past due and subject to a
late fee as provided in section 173-4(G)(2). If an account is two months or more in arrears, the
City may terminate all water and sewer service and apply the deposits to payment of the past
due balance. Prior to restoration of service, the entire past due balance and a service
restoration charge must be paid. The service restoration charges shall he established by
resolution of the City Commission. Restoration of service will require new deposits. If
payment is made after 5:00 p.m., there will be no service restoration until the next business
day.
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C. Service to consumers located outside city limits. Water and/or sewer services may, at
the discretion of the City Commission, be provided to consumers outside the corporate limits
of the city in accordance with such policies as may from time to time be adopted by resolution
of the City Commission. Such policies may require that the land located outside the corporate
limits of the city be annexed into the city as a condition prerequisite to the providing of sewer
and/or water service to consumers located outside of the corporate limits of the city. Rates and
charges for water and sewer service provided by the city to consumers located outside the
corporate limits of the city shall be as provided in §173-5.1 of the Code of Ordinances of the
City of Ocoee.
D. Specific charges. The City Commission may establish by resolution specific charges to
be collected by the City from each consumer under the circumstances described in such
resolution. Such specific charges may include but shall not be limited to charges for the
following: turnon/turnoff for customer convenience; unauthorized connection penalty; fire
hydrant meter deposit; tanker fill-up/bulk water charges; tampering with meter or installation
of unauthorized bypass; fire lines; and meter testing.
E. Nonsufficient funds or returned checks. The fee for checks returned to the city for
nonsufficient funds or uncollected funds shall be established by resolution of the City
Commission. Notification will be made to the customer advising that payment in the form of
cash, money order or cashier's check must be received by the Utility Billing Department
within twenty-four (24) hours of notification or service will be terminated. Payment shall
include the amount of the check plus the aforementioned fee. If service is terminated,
restoration of service will require payment of a service restoration fee as provided in §173-4B
above.
F. Effective October I of each year, the volumetric (gallons) charges for water service
and sewer service set forth in §173-4(A) above shall automatically increase by the greater of
three percent (3%) or the percentage increase in the Consumer Price Index as published by the
U.S. Department of Labor Bureau of Labor Statistics from January 1 to December 31 of the
previous calendar year. This increase will apply to all bills issued after October 1 of each year
without regard to the date of the meter reading.
G. Surcharge; late fee.
(1) Sewer users with discharges which exceed maximum concentrations shall be
subject to a surcharge as set forth in §173-70 of this chapter.
(2) All past due accounts shall be charged a late fee each month if there is any
outstanding balance due on the account after the due date. The city must have
actually received the payment by 5:00 p.m. on the due date in order to avoid the
late fee. Mailing prior to the late fee date will not be sufficient. Late fees shall
be established by resolution of the City Commission.
§ 173-5. Reserved.
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006.296998.3
§ 173-5.1. Rates and charges for consumers outside city limits.
The schedule of monthly rates and charges for water and sewer service provided by the city to
consumers located outside of the corporate limits of the city shall be the rates from time to
time established by the city for consumers inside the corporate limits of the city plus a
surcharge equal to 20%. The surcharge shall be subsequently reduced according to the
following schedule:
•
Date Reduced To
January 1, 2003 19%
January 1, 2004 18%
January 1, 2005 17%
January 1, 2006 16%
January 1, 2007 15%
§ 173-5.2. Owner responsible for charges.
In the case that an occupant or tenant of any Residential or Non-Residential lot or tract shall
receive a bill for the services and facilities of the water or sewer system pursuant to this
chapter and shall fail to pay such bill by the due date, then the owner of such lot, tract or
property affected thereby shall be liable for such bill in the same manner as if issued to such
owner, and the city shall not he required to look to the occupant, tenant or any person
whatsoever other than such owner for the payment of such bill.
§ 173-6. Unpaid fees to constitute lien.
In the case that an occupant or tenant of any lot or parcel shall receive a fees and charges bill
for the services and facilities of the water or sewer system pursuant to this chapter and shall
fail to pay such bill, then the owner of such lot or parcel shall be liable for such bill, and the
city shall not be required to look to any person whatsoever other than the owner for the
payment of such bill. In the event that any fees, rates or charges for the services and facilities
of the water or sewer system shall not be paid as and when due, any unpaid balance thereof,
along with all interest accruing thereon, shall be and constitute a lien on any parcel or property
affected thereby. The city may record in the public records of Orange County, Florida, a
notice of lien giving notice to all persons that the city is asserting a lien upon the affected
parcel or property. In the event that any such service charge shall not be paid as and when due
and shall be in default for 30 days or more, the unpaid balance thereof and all interest accrued
thereon, together with the costs of collection, including but not limited to attorneys' fees and
costs, may be recovered by the city in a civil action, and any such lien, accrued interest and
any additional costs may be foreclosed or otherwise enforced by the city by action or suit in
equity as for the foreclosure of a mortgage on real property.
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006.296998.3
§ 173-6.1. Applicability outside city limits.
Except as expressly set forth in this chapter, the provisions of this Chapter 173 shall he
applicable to the provision of water and sewer services by the city both within the corporate
limits of the city and outside the corporate limits of the city.
§ 173-6.2. Water and sewer service areas.
A. The City and Orange County have established water and sewer territorial areas
pursuant to the terms and conditions of that certain Orange County/City of Ocoee Water
Service Territorial Agreement (Contract No. W-88-06) dated November 14, 1988, as from
time to time amended (the "Water Service Territorial Agreement"), and that certain Orange
County/City of Ocoee Sewer Service Territorial Agreement (Contract No. S-87-8) dated June
8, 1987, as from time to time amended (the "Sewer Service Territorial Agreement"),
respectively. The water territorial area as defined in the Water Service Territorial Agreement
shall constitute the city's "water service area." The sewer territorial area as defined in the
Sewer Service Territorial Agreement shall constitute the city's "sewer service area."
B. The city shall not provide water service outside of the water service area established by
the Water Service Territorial Agreement, except to the extent expressly set forth therein or
authorized pursuant to the terms thereof, without regard to whether or not the lands outside of
said water service area are within the corporate limits of the city.
C. The city shall not provide sewer service outside of the sewer service area established
by the Sewer Service Territorial Agreement, except to the extent expressly set forth therein
authorized pursuant to the terms thereof, without regard to whether or not the lands outside of
said sewer service area are within the corporate limits of the city.
D. The City Commission may, from time to time, adopt by resolution policies with respect
to the provision of sewer and water service within the corporate limits of the city so as to be in
compliance with the provisions of the Water Service Territorial Agreement and the Sewer
Service Territorial Agreement.
ARTICLE II, Water System Extension
§ 173-7. Purpose.
The City of Ocoee, Florida, hereinafter referred to as the `city," as the owner and operator of
the water system, hereinafter referred to as the "Ocoee water system" or the "city water
system," hereby establishes this extension policy for the purpose of creating a uniform method
of determining the capital charges to be borne by property owners, builders or developers
within the water service area to defray or partially defray the cost of an on-site water
distribution system, the allocable share of an off-site water distribution system and the
allocable share of treatment plant costs. The city declares that this extension policy has as its
goal the establishment of a uniform method of computing or determining such charges to the
end that all such charges shall be nondiscriminatory among consumers in the area and shall be
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006 296998.3
applied as nearly as possible with uniformity to all consumers or prospective consumers within
the present or future service area.
173-8. Availability.
The provisions of this extension policy are available to consumers and property owners
throughout the water service area of the Ocoee water system which shall allow the city to
recover operating costs and expenses, required debt service, contributions to renewal and
replacement funds and allocations from the general revenue fund for costs reasonably related
to the water system. The term "water service area" as used herein is that area defined as the
city's water service area in the adopted comprehensive plan of the City of Ocoee, as may be
amended from time to time.
173-9. Reserved
§ 173-10. On-site facilities.
A. Each developer, owner or builder (hereinafter referred to as "developer") shall be
responsible for the design, installation, inspection and testing of the complete water system
located in the streets or easements adjoining or within the boundaries of the developer's
property.
B. The term "complete water system" as used herein includes but is not limited to all
component parts of a water distribution system, including pipes, valves, fittings, hydrants and
all appurtenances as shown upon the approved design of such water distribution system.
C. In the event the city requires the installation of oversized lines or facilities designed to
provide service for other properties then the city shall pay for the cost of such oversizing by
means of a direct cash payment by the city to the developer or a credit against water capital
charges otherwise to be paid by the developer. The limited size of the developer's property for
which service has been requested may indicate to the city the desirability of having the city
design and install the water distribution system. In such event, the city reserves the right to
compute the estimated cost of such extension and to require the developer to pay such cost of
construction in lieu of the developer's installation of the water distribution system.
173-11. Water capital charges.
A. The intent of this section is to establish charges for the purpose of compensating the
city for costs incurred in providing water treatment facilities and in extending water
distribution and transmission lines to a point of reasonable availability for connection to the
city water system. The charges shall be computed on the basis of real property use, zoning and
size in approximate proportion to the benefits received. The determination of the point of
reasonable availability for connection to the city water system shall be determined in
accordance with policies from time to time established by the city. As set forth in this chapter,
the developer may incur additional charges and expenses in order to obtain water service,
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006.296998 3
which charges and expenses are not defrayed by its payment of water capital charges. Nothing
contained in this Chapter shall be construed to obligate the city to extend water services to any
lands within its water service area.
B. A water capital charge is hereby established at nine hundred sixty-six dollars ($966.)
per equivalent residential unit (ERU). Those persons, corporations or entities which have
previously prepaid the existing water connection charge or who have entered into an
agreement with the city providing credits against the water connection charge shalt he exempt
from paying this water capital charge. The amount of credit shall not exceed the amount
prepaid or the approved credit authorized in the developer's agreement.
C. For the purpose of calculating and imposing the water capital charge, the ERU factor
for any particular connection shall he calculated and imposed in the manner provided as
follows:
ESTABLISHMENT I Unit Factor
IRESIDENTIAL PROJECTS
Duplex (1-2 Bedrooms) _ Per Unit 0.833
Duplex (3 or more Bedrooms) Per Unit 1.000
Mobile Home (1-2 Bedrooms) Per Unit 0.667
Mobile Home (3 or more Per Unit 0.833
'
bedrooms) _ {I
,,Multifamily, Efficiency (Less than Per Unit 0.500
[500 sf) L_
,Multifamily, (1 bedroom units) (See Per Unit 0.583
!Multifamily,Note 9)
bedroom units) (See
(2 Per Unit 0.833
rNote 91 _
,Multifamily, (3 or more bedroom Per Unit 1.000
'units) (See Note 9)[Single Family Family Residence I Per Unit 1.000
COMMERCIAL PROJECTS
'Animal Kennels Per Kennel Run 0.160
,A Per Seat 0.017
uditorium _ `I
( 0.250
Automotive Repair & Maintenance Per_ Per Seat Repair Bay I`0.250
1
Bar/ Cocktail Lounge _
(Barber/Beauty Shop I - - - Per
Seat 0.300
Bowling Alley _ Per Operator Station 0.330
Church _t _ __ _ 1—.I .. 0.017
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006296990.3
Convenience Store (No Gas By FU See FU
.Pumps) Table
Below
Dentist Office Per Dentist 0.833
Extended Care Facilities Per Efficiency 0.500
'Hospital --- --Per Bed 0.833
Hotel / Motel (See Note 1) 4 Per Room - 0.500
Hotel / Motel Suites, 1 Bedroom Per Unit 0.583
(eNote1)
'Hotel / Motel Suites, 2 Per Unit 0.833
Bedrooms (SeeNote 1 L
Per Unit 1.000
Bedrooms See Note _ _
Hotel / Motel Suites, 3 or more
Industrial Buildings ( See Note 2) Per Employee 0.117
'with showers
Industrial Buildings ( See Note 2) Per Employee 0.050
,without showers
Landscape Irrigation Per 1,000 SF 0.125
Laundry, Self Service Per Machine 1.333
Medical Office (formerly: Doctor's Per Doctor 0.833
Office)
'Meeting & Banquet Room_s _ Per Seat 0.017
Nursing Home - Per Bed 0.417
Office Building ( See Note 3)_, Per 1,000 SF, gross 0.334
Restaurant (Cafeteria), Full Service Per Seat 0.1007
(Restaurant, 24 hour _ Per Seat 0.167
Restaurant, Fast Food I Per Seat 0.050
Retail Spaces By FU See FU
Table
Below
'Schools, Elementary & Nursery ' Per Student _ - 0.025
Schools, Middle & High _ _ Per Student 0.067
elf Service Gas Station (See Note Per Toilet Room 1.000
5)
[Service Station (See Note 6) Per Toilet Room � ! 1.000
[Service Station (See Note 6) Per Service Bay 1.000
Service Station (See Note 6) r _Per Wash Bay 3.200
Theater Per Seat 0.0107
'Theater (Dinner) _ . __- _ _- Per Seat L 0.067_1
Trailer Park (overnig) _ Per Space -_ 1- 0.333
Warehouse Space (See Note 4) l By FU See FU
Table
Below
C
NOTES
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006 296998.3
�RI Hotels and motels: add food service, banquet & meeting rooms, and self service laundries.
'2. Add food service; does not include industrial waste flows which are calculated on Fixture'
Unit (FU) basis._ --- -
3. Office buildings: add food service and retail space.
4. Warehouses: add office space, food service, and retail space.
5. Self service
as stations: add Fixture Units (FU).
6.
rvice
asoline)
tions: add the total of ERU factors for all service
ays,
bays
recycled)redo) Ind gtoil t rooms. d Automaticallyaled lltirrecycled
ecycleate oavehivehicle
ty washing bsyst ms hrequire noa
P 9
age.
7. See Fixture Unit (FU) calculations on FU Table below. _
8. Ocoee requires a minimum of 1.000 ERU per each separate commercial establishment.
9. Mufti-family projects based upon units only; no additional capital charges for laundries, pool,
or management offices. _. - _ --_I
Capacity Demand Based Upon Fixture Units (FU)
Type of Fixture Fixture ERU
Units -
COMMERCIAL PROJECTS (FU) Factor
Drains, condensate I ._ 1 0 0.083
Drains, floor & fixtures not listed: 1 1/4 inch 1.0 P0.083
'trap 3.0 0 250
I-Drains, floor & fixtures not listed: 1 1/2 inch 2.0 0.167
_ _strap -
'Drains, floor & fixtures not listed: - '2 inch trap _
Drains, floor & fixtures not listed 2 1/2 inch I 4.0 0.333
;trap
Drains, floor & fixtures not listed: '3 inch trap _ 5.0 0.417
_ -
'Drains, floor &fixtures not listed: 6
4 inch trap I, 0 0 0.500
� T
I 5!Drinking Fountain _ 0.042
_ 2.0 0.167
rLdry Tray Lavatory, large drain (greater than 1 2.0 0.167 1
1-1/4 inch trap) _._ I
Lavatory, small drain (1-1/4 inch 1.0 0.083
trap) L_ _
Showers (per head) _. — I 3.0 0.250
Sink, combination (food service) 1.-. _ I _ i 3.0 f 0.250
Sink, combination (garbage grinder) 4.0 0.333 -
Sink, compartmented (2) _ _ 3.0 _ 0.250i
Sink, compartmented (3) _ 4.0 T _ 0.333
Sink, flushing rim 8.0 0.667 '
Sink, service (mop/janitor) J 3.0 ) 0.250 1
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006 296998.3
•
Sink service ("Q' trap) (Hand) 2.0 0.167
Sink, (pot, scullery, etc.) 4.0 0.333
Urinal 4.0 • 0.333 '
Washing Machine (Non coin Varies Varies
laundryJby drain size above _
Water Closet, public 6.0 0.500
RESIDENTIAL PROJECTS
I g_ han 5/8 meter)re wnn ar ert
Bathroom Group I 6.0 0.500
(water closet,
lavatory.bathtub/shower)
Bath, Half _ _ _ 4.0 0.333
Dishwasher 2.0 0.167
Drains (by drain size above) Varies Varies
Lavatory 4.0 0.333
Shower Stall - 3.0 _ - 0.250
'Sink, kitchen 2.0 0.167
Sink, kitchen (garbage 3.0 0.250
grinder/dishwasher)
Sink, laundry 2.0 0.167
Washer, clothes (by drain size, Varies Varies
above)_
NOTES
per Coll onfinuous
minute and
semi-continuous
of flow.
flows (pumps, air conditioning systems, etc.) are 2.0 FU'.
er
(gpm)
D. One (1) ERU shall have an assigned value of one (1.00). One (1) ERU is hereby
established and determined to be equal to a flow of three hundred (300) gallons per day
(GPD), average annual basis. The water capital charge shall be determined by multiplying the
ERU factor listed in Subsection C above times nine hundred sixty-six dollars ($966.), times
the number of units.
E. For all establishments not listed in Subsection C above, the water capital charge shall
be determined by multiplying the number of fixture units, as published in the Standard
Plumbing Code, by twenty-five (25), times nine hundred sixty-six dollars ($966.), and
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006 296998.3
dividing that numerator by three hundred (300) GPD/ERU; provided, however, all such
establishments shall have a minimum ERU value of one (1.00).
F. The water capital charge shall be paid prior to the execution by the city of the FDEP
construction application, but in no event later than the issuance of the building permit.
G. Requested decreases and revised charges.
(1) An applicant may submit data and other information on actual usage,'anticipated
usage, peak load requirements or a combination of the foregoing to the Director
to support a requested decrease in the total equivalent residential unit value. The
Director may use this information to determine a revised total ERU value,
which may he less than or greater than that established by Subsection C above,
and which will be used to determine a revised water capital charge. In either
case, the applicant shall pay the revised water capital charge instead of the
water capital charge established by Subsection C above.
(2) Alternatively, an applicant may pay the water capital charge as established by
Subsection C above and, after one (1) year of operation, submit one (1) year's
data on actual usage to the Director for review. The Director may use this
information to determine a total ERU value, which may be less than or greater
than that established by Subsection C above, and which will be used to
determine a revised water capital charge. If the applicant desires to use this
alternative method of calculation, the applicant must advise the Director of such
determination prior to the payment of the water capital charge.
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006.296996 3
§ 173-12. Obligations of city.
A. The city shall maintain copies of this extension policy available for the inspection of
any property owner, developer, builder or prospective consumer desiring information
regarding all elements of the cost of connecting to the water facilities of the city. Such copies
shall be maintained at the general office of the-Ocoee water system.
B. 1'he city shall maintain as-built information on its water facilities in its office or in the
office of its designated representatives for the purpose of providing reasonable information
concerning the location of its water facilities.
C. The city shall install all meters upon the request of prospective consumers, provided
that all fees and charges as described herein and the established meter installation fees have
been paid in accordance with the provisions of the extension policy.
D. In instances where the city undertakes the installation of water distribution lines at the
cost and expense of the developer in lieu of the developer's installation of such facilities, the
city will provide laterals for water service to a developer's lot line ready for plumber's hookup
and the installation of meters.
§ 173-13. Obligations of developer.
It shall be the developer's obligation to furnish to the city accurate information with regard to
matters of engineering, construction of buildings and dwellings and proposed densities.
Developers who increase their density factors and/or consumption requirements during the
course of construction of the project are exposed to an adjustment in their hydraulic share for
off-site facilities and/or an increase in connection charges applicable to the developer's project.
The developer is responsible for errors or changes in engineering information furnished to the
city when such error or change results in increased cost to the city for any construction which
the city may undertake in connection with installing water distribution facilities or which could
necessitate a new design or redesign of water distribution plans.
§ 173-14. Developer agreements required.
An owner, builder or developer may be required to execute a developer's agreement setting
forth such reasonable provisions governing a developer's and the city's responsibility
pertaining to the installation of service facilities; the interconnection of plumber's lines with
the facilities of the city; the manner and method of payment of contributions in aid of
construction; matters of exclusive service rights by the city; standards of construction or
specifications; time commitments to take and use water services; engineering errors and
omissions; rules, regulations and procedures of the city; prohibitions against improper use of
the city's facilities; and other matters normally associated with and contained in developer
agreements. Nothing contained in such developer agreements shall be in conflict with this
extension policy or the city's ordinances and resolutions governing rates, fees and charges for
services and other requirements regarding the rendition of water utility service. The city may
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006.296998.3
require that the developer, in addition to the contribution formulas set forth herein, hear the
cost of the preparation of developer agreements by independent counsel or persons qualified to
draft and prepare such agreements. Said charge shall not exceed that amount normally to be
contemplated for such services.
173-15. Easements and rights-of-way.
As a prerequisite to the construction of any water distribution system proposed to be connected
to the facilities of the city, the developer shall grant to the city easements or rights-of-way
corresponding with the installation of the proposed facilities. Such grant or conveyance shall
be in a form satisfactory to the City Attorney. All such easements or rights-of-way shall be in
a form acceptable to the city. Such conveyances when located on the property of the developer
shall be made without cost to the city. The city reserves the right to require such easement or
right-of-way to the point at which the meter is proposed to be installed or at the point of
delivery of service, being the point at which the facilities of the city joins with the consumers
on installation.
§ 173-16. System design; independent engineers; city's engineer.
A. The city shall recognize the design of water facilities prepared by a registered
professional engineer regularly engaged in the field of civil engineering, covering the design of
a developer's on-site water distribution system and any off-site facilities which may be
required by the city; provided, however, that each such design shall be fully subject to the
approval of the Director and shall conform in all respects to the criteria of the city governing
the installation of utility facilities ultimately to be accepted by the city for ownership,
operation and maintenance. In addition to other fees and charges, the city reserves the right to
charge a review fee commensurate with the cost to the city of reviewing such engineering
plans and furnishing to the developer's engineer various information regarding location and
criteria. Any such review fee shall be in accordance with resolutions adopted by the City
Commission. All designs of water distribution facilities are at all times subject to the approval
of other agencies having jurisdiction over such design.
B. The city maintains a relationship with its consulting engineer to provide utility design
services to developers for the purpose of facilitating the design of a developer's on-site water
distribution system and any off-site facilities which may be required by the city. Designs
prepared by the city's consulting engineer are acceptable to the city but are at all times subject
to the approval of any other governmental agencies having jurisdiction over the subject matter
of such design. The cost of plans prepared by the city's consulting engineer shall be borne by
the developer. However, in such cases the developer will not he required to pay the charge for
review of such plans as provided for in the Subsection A.
§ 173-17. Meter installation fees.
A. Ocoee will charge to each prospective consumer requesting water service a meter
installation fee to defray the city's cost of the meter and meter appurtenances and the cost of
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006.296998.3
installation and related administrative and overhead costs. Such meter installation fee shall be
in accordance with the meter installation fee schedule established by resolution of the City
Commission. The city will require the payment of such meter installation fee concurrently with
the request by prospective consumers for the meter installation. The meter installation fee shall
be charged only one (1) time for the installation of a meter at any one (1) location; provided,
however, that requests to exchange existing meters for meters of a larger size will result in a
charge to the prospective consumer of the difference between the existing smaller size meter
and the requested larger single size meter.
B. Meter Installation Fees. Meter installation fees as adopted by resolution of the City
Commission are minimum fees and assume that the consumer's facility is ready for a meter
set. The Director may assess such other fees as necessary to recover the cost of meter
installation.
§ 173-18. Inspection fees.
A. The city reserves the right to inspect the installation of all water distribution facilities
installed by a developer or developer's contractors, which facilities are proposed to be
transferred to the city for ownership, operation and control. Such inspection is designed to
assure the city that waterlines are installed in accordance with approved designs and are
further consistent with the criteria and specifications governing the kind and quality of such
installation. The city further reserves the right to be present at tests of component parts of the
water distribution system for the purpose of determining that the system, as constructed,
conforms to the city's criteria for exfiltration, infiltration, pressure testing, line and grade.
Such tests will be performed by the developer or developer's contractor but only under the
direct supervision of the city's engineer or authorized inspector.
B. The city shall charge an inspection fee not to exceed three percent (3%) of the cost,
either actual or estimated, of the subject water facility as installed by the developer. The city
maintains full-time inspection availability, and the cost for inspection services as set forth
herein is and shall continue to be designed to defray the actual cost of conducting such
inspections and testing.
§ 173-19. Transfer of contributed property; bills of sale.
A. Each developer who has constructed portions of the water distribution system on the
developer's own property or on other property with respect to any required off-site facilities
shall, prior to interconnection with the city's existing facilities, convey such component parts
of the water distribution system to the city by bill of sale in a form satisfactory to the City
Attorney, together with such evidence as may be required by the city that the water
distribution system proposed to be transferred to the city is free of all liens and encumbrances.
B. Any facilities in the category of consumer's lines or plumber's lines located on the
discharge side of the water meter or on the consumer's side of the point of delivery of service
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006.296998.3
shall not be transferred to the city and shall remain the property of the developer, a subsequent
owner-occupant or their successors and assigns. Such consumer's lines or plumber's lines shall
remain the maintenance responsibility of the developer or subsequent consumers.
C. The city shall not be required to accept title to any component part of the water
distribution system as constructed by the developer until the city has approved the construction
of said lines, accepted the tests to determine that such construction is in accordance with the
criteria established by the city and accepted for use by the FDEP and thereby has evidenced
acceptance of such lines for the city's ownership, operation and maintenance.
D. The developer shall maintain accurate cost records establishing the construction costs of
all utility facilities constructed by the developer and proposed to be transferred to the city.
Such cost information shall be furnished to the city concurrently with the bill of sale, and such
cost information shall be a prerequisite for the acceptance by the city of the portion of the
water distribution system constructed by the developer.
E. The city reserves the right to refuse connection and to deny the commencement of
service to any consumer seeking to be connected to portions of the water distribution system
installed by a developer until such time as the provisions of this section have been fully met by
the developer or developer's successors or assigns.
§ 173-20. Off-Site facilities; Refundable advances.
A. There are properties within the city's water service area where the city does not have in
place the off-site water infrastructure facilities necessary to connect a developer's property to
the city water system. In these cases it may be necessary to undertake the extension of water
mains and pumping stations necessary to connect the developer's property with the then
terminus of the Ocoee water system in compliance with the City Water System Master Plan.
Nothing in this Chapter shall be construed to require the city to extend any such off-site
facilities to a developer's property or to enter into a refunding agreement or reimbursement
agreement should a developer or others elect to undertake any such extension.
B. When a developer seeks water service for property for which the city does not have in
place the off-site water infrastructure facilities necessary to connect such property to the city
water system, the city may require, in addition to the contribution provisions set forth herein,
that the developer pay (without any credits against the applicable water capital charges) the
entire cost of any extension of off-site facilities necessary to connect the developer's property
with the then terminus of the Ocoee water system in compliance with the City Water System
Master Plan.
C. As an alternative to the developer's payment of the entire cost of extension of such off-
site water facilities, the developer may request that the city and other property owners
potentially benefited by such extension enter into a funding or reimbursement agreement to
equitably allocate the cost of any such extension among the benefited properties, which
agreement shall be in addition to the contribution provisions set forth herein. The city may
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006296998.3
accept or reject any proposed agreement which may be presented to share the cost of such
extensions as aforesaid. If the city elects to accept such an agreement, it shall be on terms and
conditions acceptable to the city in its discretion.
D. As another alternative to the developer's payment of the entire cost of extension of such
off-site water facilities, the developer may-request that the city enter into a refunding
agreement whereby the refundable advance is made by the developer to further temporarily
defray the cost of any off-site extension of water mains and pumping stations necessary to
connect the developer's property with the then terminus of the Ocoee water system in
compliance with the City Water System Master Plan. The city may accept or reject any such
proposed refunding agreement. If the city elects to accept such a refunding agreement, it shall
be on terms and conditions acceptable to the city and shall be consistent with the requirements
of this subsection. Any such refunding agreement shall include the following as the minimum
provisions thereof: (i) The developer shall always be responsible for his hydraulic share of the
cost of such facilities, as determined by the city; (ii) All amounts expended by the developer
over and above the developer's hydraulic share for off-site facilities, as determined by the city,
shall be refunded to the developer only if a refund agreement is entered into with the city prior
to the connection of the developer's property with the then terminus of the Ocoee water
system; (iii) The refund agreement shall provide for a plan of refund based upon the
connection of other properties, to the extent of their hydraulic share, which properties shall be
served by the off-site facilities installed by the developer; (iv) The city may limit the life of
such refund agreement to a term of not more than seven (7) years, after which time any
portion of the refund not made to the developer by the terms and conditions of the refund
agreement will have lapsed, and thereafter such refund agreement will be canceled; (v) In no
event shall a developer recover an amount greater than the difference between the capitalized
cost of such off-site improvements and the developer's own hydraulic share of such
improvements; (vi) The city shall not include any interest upon the refund of a developer's
advance; (vii) If the city advances any of the costs of such off-site facilities, the city shall be
reimbursed in full before any payment is made to the developer; (viii) The refunding
agreement shall contain a sketch or legal description of the benefited properties; and (ix) The
refunding agreement shall be recorded in the public records of Orange County, Florida. If the
city enters into a refunding agreement as aforesaid then a developer or property owner who
makes use of such off-site facilities provided by another developer under the terms of this
section shall be required to pay the city for a portion of the costs of such off-site facilities
based upon his hydraulic share, as determined by the city. In accordance with the terms of the
refunding agreement, the city shall pay the appropriate share of such reimbursement to the
developer who initially funded the improvements; provided, however, that the payment will be
retained by the city in the event that the developer has been fully reimbursed by the city or in
the event that the reimbursement obligation of the city has lapsed under the terms of the refund
agreement.
§ 173-21. Connection water capital charge adjustment; escalation.
The basis for the water capital charge schedule set forth herein has been structured by the city
with regard to two (2) major but variable factors. First, the present level of construction costs
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006296996.3
of water distribution and water treatment plant facilities; second, the treatment facilities and
treatment levels as prescribed by the State of Florida Department of Environmental Protection
or other governmental entities with jurisdiction. The city hereby declares that the schedule of
water capital charges set forth herein shall be escalated based upon increases arising from
these factors as set forth and identified in the Engineering News Record (ENR) Construction
Cost Index as established on January 1 of each year. The water capital charges shall be
automatically adjusted annually by the percentage change in the ENR Construction Cost Index
as established on January 1 of each year.
§ 173-21.1. Water capital charges for consumers outside city limits.
The water capital charges established by §173-11, as from time to time adjusted pursuant to
§173-21, shall be applicable only to consumers located within the corporate limits of the city.
The water capital charges for consumers outside the corporate limits of the city shall be the
water capital charges from time to time established by the city for consumers inside the
corporate limits of the city plus a surcharge equal to that surcharge established in §173-5.1
above.
§ 173-22. Availability of copies of policy.
Copies of this extension policy shall be maintained at the Ocoee water system's offices and
shall be available to all prospective consumers upon request, either in person or by mail,
addressed to the city.
ARTICLE III, Sewer System Extension
§ 173-23. Purpose.
The City of Ocoee, Florida, hereinafter referred to as the "city," as the owner and operator of
the sewer system, hereinafter referred to as the "Ocoee sewer system" or the "city sewer
system," hereby establishes this extension policy for the purpose of creating a uniform method
of determining the capital charges to be borne by property owners, builders or developers
within the service area to defray or partially defray the cost of an on-site sewer system, the
allocable share of an off-site sewer system and the allocable shares of treatment plant costs.
The city declares that this extension policy has as its goal the establishment of a uniform
method of computing or determining such contributions to the end that all such contributions
shall be nondiscriminatory among consumers in the area and shall be applied as nearly as
possible with uniformity to all consumers and prospective consumers within the present or
future service area.
§ 173-24. Availability.
The provisions of this extension policy are available to consumers and property owners
throughout the service area of the Ocoee sewer system, which shall allow the city to recover
operating costs and expenses, required debt service, contributions to renewal and replacement
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006 296998 3
funds and allocations from the general revenue fund for costs reasonably related to the sewer
system. The term "service area" as used herein is that area defined in the adopted
comprehensive plan of the City of Ocoee, as may be amended from time to time.
173-25. Reserved
§ 173-26. Agreements with other municipalities.
The city may enter into an agreement with Orange County or another municipality to provide
wholesale service so that the county or municipality may provide service to a developer
outside the city's service area. Such wholesale agreements shall he subject to sewer capital
charges as provided in this chapter.
§ 173-27. On-site facilities.
A. Each developer, owner or builder, hereinafter referred to as "developer," shall be
responsible for the design, installation, inspection and testing of the complete sewer system
located in the street or streets adjoining or within the boundaries of developer's property.
B. The term "complete sewer system" as used herein includes but is not limited to all
component parts of a sewage collection system, including gravity lines, force mains, pump
stations, valves and all appurtenances as shown upon the approved design of such sewer
system.
C. In the event the city requires the installation of oversized lines or facilities designed to
provide service for other properties then the city shall pay for the cost of such oversizing by
means of a direct cash payment by the city to the developer or a credit against water capital
charges otherwise to be paid by the developer. The limited size of the developer's property for
which service has been requested may indicate to the city the desirability of having the city
design and install the sewer system. In such event, the city reserves the right to compute the
estimated cost of such extension and to require the developer to pay such cost of construction
in lieu of the developer's installation of the sewer system.
§ 173-28. Sewer capital charges.
A. The intent of this section is to establish fees for the purpose of compensating the city
for costs incurred in providing sewage treatment facilities, effluent disposal facilities and
pumping stations and extending sewage collection lines to a point of reasonable availability for
connection to the city sewer system. The charges shall be computed on the basis of real
property use, zoning and size in approximate proportion to the benefits received. The
determination of the point of reasonable availability for connection to the city sewer system
shall be determined in accordance with policies from time to time established by the city. As
set forth in this chapter, the developer may incur additional charges and expenses in order to
obtain sewer service, which charges and expenses are not defrayed by its payment of sewer
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006 296998.3
capital charges. Nothing contained in this Chapter shall be construed to obligate the city to
extend sewer services to any lands within its sewer system territory.
B. A sewer capital charge is hereby established at two thousand eight hundred sixty-tive
dollars ($2,865.) per equivalent residential unit (ERU). Those persons, corporations or entities
which have previously prepaid the existing sewer capacity charges or who prepaid sewer
capacity charges to Prima Vista Utility Company, Inc., (PVU) which were transferred from
PVU to the city pursuant to the agreement between PVU and the city dated December 3, 1987,
shall be exempt from paying this sewer capital charge. The exemption or credit shall equal the
amount prepurchased or transferred as authorized in the Prima Vista package/sale agreement.
C. For the purpose of calculating and imposing the sewer capital charge, the ERU factor
for any particular connection shall be calculated and imposed in the manner provided as
follows:
ESTABLISHMENT Unit Factor
,RESIDENTIAL PROJECTS
L - -
'Duplex (1-2 Bedrooms) Per Unit 0.833
•
Du lex 3 or more Bedrooms) Per Unit 1.000
Mobile Home (1-2 Bedrooms) Per Unit 0.667
Mobile Home (3 or more Per Unit i 0.833
bedrooms)
'Multifamily, Efficiency (Less than Per Unit 0.500
1500 sf) _ - ---- - _
([Multifamily, (1 bedroom units) (See Per Unit 0.583
'Note 9)
y, (2units) (See bedroom Per Unit 0.833
Note 9)
Multifamily, (3 or more bedroom Per Unit ! 1.000
units) (See Note 9)
Single Family Residence T Per Unit 1.000
COMMERCIAL PROJECTS -_
Animal Kennels _ Per Kennel Run i 0.160
Auditorium ' _ Per Seat _ 0.017
Automotive Repair & Maintenance . Per Repair Bay -_ 0.250
(Bar/ Cocktail Lounge ` i Per Seat 0.067
Barber/Beauty Shop Per Operator Station 0.300 _
Bowling Alley _ Per Lane 0.330 _I
Church 1 Per Seat l 0.017
1
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006.296998.3
!Convenience Store (No Gas By FU See FU
!Pumps) Table
Below
Dentist Office Per Dentist 0.833
!Extended Care Facilities Per Efficiency 0.500
Hospital - _ Per Bed 0.833
Hotel / Motel (See Note 1) Per Room 0.500
Hotel / Motel Suites, 1 Bedroom Per Unit 0.583
(See Note 1)
Hotel / Motel Suites, 2 Per Unit 0.833
Bedrooms(See Note 1)
Hotel / Motel Suites, 3 or more ! Per Unit 1.000
Bedrooms (See Note 1)
Industrial Buildings ( See Note 2) Per Employee ! 0.117
with showers
',Industrial Buildings ( See Note 2) I Per Employee 0.050
without showers
Landscape Irrigation Per 1,000 SF 0.125
'Laundry, Self Service Per Machine 1.333
Medical Office (formerly: Doctor's Per Doctor 0.833
Office)
Meeting & Banquet Rooms Per Seat 0.017
( ) I _ _ _ Per Bed - -- 0.417
Restaurant (Cafeteria), Full Service _ Per 1 Per S gross 0.100
9 L I
Office Building' See Note 3)
' `_ Per Seat 0.100
Restaurant 24 hour Per Seat 0.167
Restaurant Fast Food Per Seat 0.050
'Retail Spaces By FU ! See FU
Table
Below
!Schools, Elementary & Nursery Per Student 0.025 !.
Schools, Middle & High ! Per Student 0.067
'Self Service Gas Station (See Note Per Toilet Room 1.000
tPerrvice Station (See Note 6}
Toilet Room 1.000
'Service Station (See Note 6)- Per Service Bay_ 1.000
Service Station (See Note 6) Per Wash Bay 3.200
Theater _Per Seat 0.010
Theater (Dinner) Per Seat 0.067
hTrailer Park (overnight) H Per Space - 0.333
Warehouse Space (See Note 4) By FU See FU
Table
j ; Below
t NOT �-
ES
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006296996.3
1. Hotels and motels: add food service, banquet & meeting rooms, and self service laundries.
2. Add food service; does not include industrial waste flows which are calculated on Fixture,
Unit (FU) basis.
3. Office buildings: add food service and retail space.
4. Warehouses: add office space, food service, and retail space.
5. Self service gas stations: add Fixture Units (FU).
6. Service (gasoline) Stations: add the total of ERU factors for all service bays, wash bays (not
!recycled) and toilet rooms. Automatically recycled vehicle washing systems require a
(professional engineer's signed and sealed estimate of capacity usage.
7. See Fixture Unit (FU) calculations on FU Table below.
8. Ocoee requires a minimum of 1.000 ERU p r each separate commercial establishment.
9. Multi-family projects based upon units only; no additional capital charges for laundries, pool,'
jor management offices.
Capacity Demand Based Upon Fixture Units (FU)
Type of Fixture Fixture ERU
Units
COMMERCIAL PROJECTS (FU) Factor
Drains, condensate r 1 1.0 _ 0.083
,Drains, floor & fixtures not listed: 1 1/4 inch 1.0 0.083
'trap
,Drains, floor & fixtures not listed: '.1 1/2 inch 2.0 0.167 I'
trap
Drains, floor & fixtures not listed: 2 inch trap 3.0 0.250
,Drains, floor & fixtures not listed 2 1/2 inch 4.0 ' 0.333
trap
''Drains, floor & fixtures not listed: 3 inch tra _ 5.0 _ 1 0.417
Drains, floor & fixtures not listed: 4 inch tra 6.0 0.500
Drinking Fountain 0.5 0.042
Laundry Tray -_ _ 2.0 0.167
,Lavatory, large drain (greater than 2.0 0.167 1
1-1/4 inch trap) - ___ _'
Lavatory, small drain (1-1/4 inch 1.0 0.083
trap) 1
Showers (per head) 3.0 0.250
Sink, combination (food service) 3.0 0.250
'Sink, combination (garbage grinder) 4.0 _ 0.333
!Sink, compartmented (2) 3.0 0.250
Sink, compartmented (3) i _ 4.0 _ 0.333
Sink, flushing rim 18 0 ' 0.667 ,
[Sink, service (mop/janitor) _'�. I 1 3.0 0.250
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006.296998 3
Oink, service ("p" trap) (Hand) T --� -- _ 2_0 __ _ 0.167
Sink, (pot, scullery, etc.) 4.0 0.333
(Urinal 4.0 ` 0.333 _
Washing Machine (Non coin i Varies li Varies
laundry) by drain size above •
Water Closet, public 6.0 ' 0.500
•
RESIDENTIAL PROJECTS
(requiring larger than 5/8" meter)
Bathroom Group 6.0 0.500
(water closet,
lavatory.bathtub/shower)
Bath, Half 4.0 0.333
Dishwasher 2.0 _ 0.167
,Drains (by drain size above) Varies Varies
Lavatory _ 4.0 0.333
Shower Stall 1 3.0 - -I 0.250 _. '
Sink, kitchen I� _ j 2.0 0.167
Sink, kitchen (garbage 3.0 0.250
grinder/dishwasher)
'Sink, laundry 2.0 0.167
I -
W (by asher, clothesdrain size, Varies Varies
iabove) -
NOTES
r ( etc.)
1. Continuous and semi-continuous flows (pumps, air conditioning systems, are 2.0 FU
der gallon per minute (gpm) of flow. _
D. One (1) ERU shall have an assigned value of one (1.00). One (1) ERU is hereby
established and determined to be equal to a flow of two hundred seventy (270) gallons per day
(GPD), average annual basis. The sewer capital charge shall be determined by multiplying the
ERU factor listed in Subsection C above times two thousand eight hundred sixty-five dollars
($2,865.), times the number of units.
E. For all establishments not listed in Subsection C above, the sewer capital charge shall
he determined by multiplying the number of fixture units, as published in the Standard
Plumbing Code, by twenty-five (25), times two thousand eight hundred sixty-five dollars
($2,865.), and dividing that numerator by two hundred seventy (270) GPD/ERU; provided,
however, all such establishments shall have a minimum ERU value of one (1.00).
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006.29699a 3
F. The sewer capital charge shall be paid prior to the execution by the city of the FDEP
sewer construction application, but in no event later than the issuance of the building permit.
G. Requested decreases and revised charges.
(1) An applicant may submit data and other information on actual usage, anticipated
usage, peak load requirements or a combination of the foregoing to the Director
to support a requested decrease in the total equivalent residential unit value. The
Director may use this information to determine a revised total ERU value,
which may be less than or greater than that established by Subsection C above,
and which will be used to determine a revised sewer capital charge. In either
case, the applicant shall pay the revised sewer capital charge instead of the
sewer capital charge established by Subsection C above.
(2) Alternatively, an applicant may pay the sewer capital charge as established by
Subsection C above and, after one (1) year of operation, submit one (1) year's
data on actual usage to the Director for review. The Director may use this
information to determine a total ERU value, which may be less than or greater
than that established by Subsection C above, and which will be used to
determine a revised sewer capital charge. If the applicant desires to use this
alternative method of calculation, the applicant must advise the Director of such
determination prior to the payment of the sewer capital charge.
§ 173-29. Obligations of city.
A. The city shall maintain copies of this extension policy available for the inspection of
any property owner, developer, builder or prospective consumer desiring information
regarding all elements of the cost of connecting to the sewer facilities of the city. Such copies
shall be maintained at the general office of the Ocoee sewer system.
B. The city shall maintain as-built information on its sewer facilities in its office or in the
office of its designated representatives for the purpose of providing reasonable information
concerning the location of its sewer facilities.
C. In instances where the city undertakes the installation of sewer lines at the cost and
expense of the developer in lieu of the developer's installation of such facilities, the city will
provide lines for sewer service to a developer's lot line ready for plumber's hookup and the
installation of meters.
§ 173-30. Obligations of developer.
It shall be the developer's obligation to furnish to the city accurate information with regard to
matters of engineering, construction of buildings and dwellings and proposed densities.
Developers who increase their density factors and/or discharge requirements during the course
of construction of the project are exposed to an adjustment in their proportionate share for off-
site facilities and/or an increase in capital charges applicable to the developer's project. The
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006.296998.3
developer is responsible for errors or changes in engineering information furnished to the city
when such error or change results in increased cost to the city for any construction which the
city may undertake in connection with installing sewer facilities or which could necessitate a
new design or redesign of sewer system plans.
§ 173-31. Developer agreements required.
An owner, builder or developer may be required to execute a developer's agreement setting
forth such reasonable provisions governing a developer's and the city's responsibility
pertaining to the installation of service facilities; the interconnection of lines with the facilities
of the city; the manner and method of payment of contributions in aid of construction; matters
of exclusive service rights by the city; standards of construction or specifications; time
commitments to take and use sewer service; engineering errors and omissions; rules,
regulations and procedures of the city; prohibitions against improper use of the city's facilities;
and other matters normally associated with and contained in developer agreements. Nothing
contained in such developer agreement shall be in conflict with this extension policy or the
city's ordinances and resolutions governing rates, fees and charges for services and other
requirements regarding the rendition of sewer utility service. The developer, in addition to the
contribution formulas set forth herein, shall bear the cost of the preparation of developer
agreements by independent counsel or persons qualified to draft and prepare such agreements.
Said charge shall not exceed that amount normally to be contemplated for such services.
§ 173-32. Easements and rights-of-way.
As a prerequisite to the construction of any sewer system proposed to be connected to the
facilities of the city, the developer shall grant to the city easements or rights-of-way
corresponding with the installation of the proposed facilities. All such easements or rights-of-
way shall be in a form acceptable to the city. Such grant or conveyance shall be in a form
satisfactory to the City Attorney. Such conveyances when located on the property of the
developer shall be made without cost to the city.
§ 173-33. System design; independent engineer; city's engineer.
A. The city shall recognize the design of sewer facilities prepared by a registered
professional engineer regularly engaged in the field of civil engineering, covering the design of
a developer's on-site sewer system and any off-site improvements which may be required by
the city; provided, however, that each such design shall be fully subject to the approval of the
Director and shall conform in all respects to the criteria of the city governing the installation
of utility facilities ultimately to be accepted by the city for ownership, operation and
maintenance. In addition to other fees and charges, the city shall charge a review fee
commensurate with the cost to the city of reviewing such engineering plans and furnishing to
the developer's engineer various information regarding location and criteria. Any such review
fee shall be in accordance with resolutions approved by the City Commission. All designs of
sewer facilities are at all times subject to the approval of other agencies having jurisdiction
over such design.
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006 296998.3
B. The city maintains a relationship with its consulting engineer to provide utility design
services to developers for the purpose of facilitating the design of developer's on-site sewer
system and any off-site improvements which may he required by the city. Designs prepared by
the city's consulting engineer are acceptable to the city but are at all times subject to the
approval of any other governmental agencies having jurisdiction over the subject matter of
such design. The cost of plans prepared by the city's consulting engineer shall be borne by the
developer. However, in such cases the developer will not be required to pay the charge for
review of such plans as provided for in the Subsection A.
§ 173-34. Inspection fees.
A. The city reserves the right to inspect the installation of all sewer facilities installed by a
developer or developer's contractors, which facilities are proposed to be transferred to the city
for ownership, operation and control. Such inspection is designed to assure the city that sewer
lines are installed in accordance with approved designs and are further consistent with the
criteria and specifications governing the kind and quality of such installation. The city further
reserves the right to be present at tests of component parts of the sewer system for the purpose
of determining that the system, as constructed, conforms to the city's criteria. Such tests will
he performed by the developer or developer's contractor but only under the direct supervision
of the city's engineer or authorized inspector.
B. The city shall charge an inspection fee not to exceed three percent (3%) of the cost,
either actual or estimated, of the subject sewer facility as installed by the developer. The city
maintains full-time inspection availability, and the cost for inspection services as set forth
herein is and shall continue to he designed to defray the actual cost of conducting such
inspections and testing.
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006.296998.3
§ 173-35. Transfer of contributed property; bills of sale.
A. Each developer who has constructed portions of the sewer system on the developer's
own property or other property with respect to any required off-site facilities shall, prior to
interconnection with the city's existing facilities, convey such component parts of the sewer
system to the city by bill of sale in a form satisfactory to the City Attorney, together with such
evidence as may be required by the city that the sewer system proposed to be transferred to the
city is free of all liens and encumbrances.
13. Any facilities in the category of consumer's lines located on the consumer's side of the
point of service shall not be transferred to the city and shall remain the property of the
developer, a subsequent owner-occupant or their successors and assigns. Such consumer lines
shall remain the maintenance responsibility of the developer or subsequent consumers.
C. The city shall not be required to accept title to any component part of the sewer system
as constructed by the developer until the city has approved the construction of said lines,
accepted the tests to determine that such construction is in accordance with the criteria
established by the city and accepted for use by the FDEP and thereby has evidenced
acceptance of such lines for the city's ownership, operation and maintenance.
D. The developer shall maintain accurate cost records establishing the construction costs of
all utility facilities constructed by the developer and proposed to be transferred to the city.
Such cost information shall be furnished to the city concurrently with the bill of sale, and such
cost information shall be a prerequisite for the acceptance by the city of the portion of the
watcr distribution system constructed by the developer.
E. The city reserves the right to refuse connection and to deny the commencement of
service to any consumer seeking to be connected to portions of the sewer system installed by a
developer until such time as the provisions of this section have been fully met by the developer
or the developer's successors or assigns.
§ 173-36. Off-Site facilities; Refundable advances.
A. There are properties within the city's sewer service area where the city does not have
in place the off-site sewer infrastructure lines and facilities necessary to connect a developer's
property to the city sewer system. In these cases it may be necessary to undertake the
extension of sewage lines and facilities necessary to connect the developer's property with the
city sewer system and the primary interceptor force main in compliance with the City Sewer
System Master Plan. Nothing in this Chapter shall be construed to require the city to extend
any such off-site lines and facilities to a developer's property or to enter into a refunding
agreement or reimbursement agreement should a developer or others elect to undertake any
such extension of lines and facilities; provided, however, that whenever a developer or others
undertake any such extension of off-site lines and facilities the city may require the installation
of oversized lines or facilities to provide service for other properties, in which case the city
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006.296998 3
shall be responsible for the cost of any such oversized lines or facilities to the extent and in the
manner provided for in §173-27 hereof.
B. When a developer seeks sewer service for property for which the city does not have in
place the off-site sewer infrastructure lines and facilities necessary to connect such property to
the city sewer system, the city may require, in addition to the contribution provisions set forth
herein, that the developer pay (without any credits against the applicable sewer capital charges)
the entire cost of any extension of off-site sewage lines and facilities necessary to,connect the
developer's property with the city sewer system and its primary interceptor force main in
compliance with the City Sewer System Master Plan, subject to the provisions of §173-27 and
§173-36A regarding oversized lines and facilities.
C. As an alternative to the developer's payment of the entire cost of extension of such off-
site sewer lines and facilities, the developer may request that the city and other property
owners potentially benefited by such extension enter into a funding or reimbursement
agreement to equitably allocate the cost of any such extension among the benefited properties,
which agreement shall be in addition to the contribution provisions set forth herein. The city
may accept or reject any proposed agreement which may be presented to share the cost of such
extensions as aforesaid. If the city elects to accept such an agreement, it shall be on terms and
conditions acceptable to the city in its discretion.
D. As another alternative to the developer's payment of the entire cost of extension of such
off-site sewer lines and facilities, the developer may request that the city enter into a refunding
agreement whereby the refundable advance is made by the developer to further temporarily
defray the cost of any off-sit extension of sewage lines and facilities necessary to connect the
developer's property to the city sewer system and the primary interceptor force main in
compliance with the City Sewer System Master Plan. The city may accept or reject any such
proposed refunding agreement. If the city elects to accept such a refunding agreement, it shall
be on terms and conditions acceptable to the city and shall be consistent with the requirements
of this subsection. Any such refunding agreement shall include the following as the minimum
provisions thereof: (i) The developer shall always be responsible for his proportionate share of
the cost of such lines and facilities, as determined by the city; (ii) All amounts expended by
the developer over and above the developer's proportionate share for facilities, as determined
by the city, shall be refunded to the developer only if a refund agreement is entered into with
the city prior to the connection of the developer's property with the primary interceptor force
main; (iii) The refund agreement shall provide for a plan of refund based upon the connection
of other properties to the extent of their proportionate share, which properties will be served
by the facilities installed by the developer; (iv) The city may limit the life of such refund
agreement to a term of not more than seven (7) years, after which time any portion of the
refund not made to the developer by the terms and conditions of the refund agreement will
have lapsed, and thereafter such refund agreement will be canceled; (v) In no event shall a
developer recover an amount greater than the difference between the capitalized cost of such
improvements and the developer's own proportionate share of such improvements; (vi) The
city shall not include any interest upon the refund of a developer's advance; (vii) If the city
advances any of the costs of such lines and facilities, the city shall be reimbursed in full before
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006.296998.3
any payment is made to the developer; (viii) The refunding agreement shall contain a sketch or
legal description of the benefited properties; and (ix) The refunding agreement shall be
recorded in the public records of Orange County, Florida. If the city enters into a refunding
agreement as aforesaid then a developer or property owner who makes use of lines and
facilities provided by another developer under the terms of this section shall be required to pay
the city for his proportionate share of the costs of such facilities, as determined by the city. In
accordance with the terms of the refunding agreement, the city shall pay the appropriate share
of such reimbursement to the developer who initially funded the improvements; provided,
however, that the payment will be retained by the city in the event that the developer has been
fully reimbursed by the city or in the event that the reimbursement obligation of the city has
lapsed under the terms of the refund agreement.
§ 173-37. Sewer capital charge escalation.
The basis for the sewer capital charges schedule set forth herein has been structured by the city
with regard to two (2) major but variable factors. First, the present level of construction costs
of sewer collection and treatment plant facilities; second, the treatment level as prescribed by
the State of Florida Department of Environmental Protection or other governmental entities
with jurisdiction. The city hereby declares that the schedule of sewer capital charges set forth
herein shall be escalated based upon increases arising from these factors or as set forth and
identified in the Engineering News Record (ENR) Construction Cost Index. The sewer capital
charges shall be automatically adjusted annually by the percentage change in the ENR
Construction Cost Index.
§ 173-37.1. Sewer capital charges for consumers outside city limits.
The sewer capital charges established by §173-28, as from time to time adjusted pursuant to
§173-37, shall be applicable only to consumers located within the corporate limits of the city.
The sewer capital charges for consumers outside the corporate limits of the city shall be the
sewer capital charges from time to time established by the city for consumers inside the
corporate limits of the city plus a surcharge equal to that surcharge established in §173-5.1
above.
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006 296998.3
ORDINANCE NO. 2003-25
AN ORDINANCE OF THE CITY OF OCOEE, FLORIDA
AMENDING CHAPTER 174 OF THE CODE OF
ORDINANCES OF TILE CITY OF OCOEE RELATING TO
RECLAIMED WATER IN ORDER TO ADOPT REVISED
DEFINITIONS AND CONFORM THE CHAPTER SO AS TO
BE CONSISTENT WITH THE REVISED DEFINITIONS, IN
ORDER TO PROVIDE FOR THE ADOPTION BY
RESOLUTION OF RECLAIMED WATER LATE FEES AND
RECONNECTION FEES, IN ORDER TO ALLOW FOR
THE CITY COMMISSION TO GRANT EXEMPTIONS
FROM THE REQUIREMENT TO CONSTRUCT
RECLAIMED WATER DISTRIBUTION MAINS WHEN
NOT FEASIBLE OR IN THE BEST INTERESTS OF THE
CITY AND IN ORDER TO UPDATE THE POLICY
GOVERNING THE INSTALLATION AND USE OF THE
CITY'S RECLAIMED WATER SYSTEM; PROVIDING
FOR SEVERABILITY; PROVIDING FOR CODIFICATION;
PROVIDING AN EFFECTIVE DATE.
WHEREAS, the City Commission of the City of Ocoee has the authority to
adopt this Ordinance pursuant to Article VIII of the Constitution of the State of Florida and
Chapter 166, Florida Statutes; and
WHEREAS, the City Commission of the City of Ocoee desires to amend
Chapter 174 of the Code of Ordinances of the City of Ocoee, Florida relating to Reclaimed
Water.
NOW, THEREFORE, BE IT ENACTED BY THE CITY COMMISSION
OF THE CITY OF OCOEE, FLORIDA, AS FOLLOWS:
SECTION 1. Authority. The City Commission of the City of Ocoee has the
authority to adopt this Ordinance pursuant to Article VIII of the Constitution of the State of
Florida and Chapter 166, Florida Statutes.
006 300476.1
SECTION 2. The City Commission of the City of Ocoee hereby amends
Chapter 174 of the Code of Ordinances of the City of Ocoee, Florida relating to Reclaimed
Water as set forth in Exhibit "A" attached hereto and by this reference made part hereof(with
additions double-underlined and deletions stricken).
SECTION 3. Cndifiratiion. It is the intention of the City Commission of the
City that the provisions of this ordinance shall become and be made a part of the Code of
Ordinances of the City; and that sections of this ordinance may be renumbered or re-lettered
and the word "ordinance" may be changed to "chapter," "section," "article," or such other
appropriate word or phrase in order to accomplish such intentions; and regardless of whether
such inclusion in the code is accomplished, sections of this ordinance may be renumbered or
re-lettered and the correction of typographical errors which do not affect the intent maybe
authorized by the City Manager, without need of public hearing, by filing a corrected or re-
codified copy of same with the City Clerk.
SECTION 4. Severahility. If any section, subsection, sentence, clause,
phrase, or portion of this Ordinance is for any reason held invalid or unconstitutional by any
court of competent jurisdiction, such portion shall be deemed a separate, distinct, and
independent provision and such holding shall not affect the validity of the remaining portion
hereto.
SECTION 5. Fffertive Date. This Ordinance shall become effective
immediately upon passage and adoption.
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006 300476.1
PASSED AND ADOPTED this day of , 2003.
APPROVED:
ATTEST: CITY OF OCOEE, FLORIDA
Jean Grafton, City Clerk S. Scott Vandergrif, Mayor
(SEAL)
ADVERTISED , 2003
READ FIRST TIME , 2003
READ SECOND TIME AND ADOPTED
, 2003
UNDER AGENDA ITEM NO.
FOR USE AND RELIANCE ONLY
BY THE CITY OF OCOEE, FLORIDA
APPROVED AS TO FORM
AND LEGALITY
this day of , 2003.
FOLEY & LARDNER
By:
City Attorney
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006.300476.1
EXHIBIT "A"
CHAPTER 174
RECLAIMED WATER
ARTICLE I, General Provisions
§ 174-1. Definitions.
For the purpose of this chapter, the following terms shall have the meanings set forth in this
section:
BILLING -- The charge made for reclaimed water service. The charge may be made on a
separate invoice or may be included on the monthly utility bill.
CITY -- The City of Ocoee, Florida, and its Utilities Public Works Department.
CITY MANAGER -- The City Manager of the City of Ocoee.
CUSTOMER -- The actual user of the reclaimed water.
CUSTOMER CHARGE _ A charge intended to.defray administrative expenses and.the_ cost
of reading meters and pQessing_btllings,
CROSS-CONNECTION -- Any physical connection or arrangement which could allow the
transfer of waters between the City's potable water supply and distribution system, and the
reclaimed water supply and distribution system or any other nonpotable water source.
DEVELOPMENT -- Any proposed change in land use which alters the demands for water
and/or wastewater services.
DIRECTOR -- The Director of Public Utilities Works of the City of Ocoee.
DISCONTINUATION OF SERVICE — Cessation of a service by physical separation from the
system's service lines to ensure that no service can be received.
DISTRIBUTION MAIN -- A conduit used to supply reclaimed water from transmission mains
to service lines.
EFFLUENT -- Treated wastewater flowing out of any treatment facility.
FDEP -- The Florida Department of Environmental Protection, or its successor in function.
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NON-RESIDENTIAL Cmmerctal,_industrial, office _warehouse and/or institutional uses,
whether master metered or individually metered and/or multi family residential units that are
master metereth
PUBLIC EATING, DRINKING OR BATHING FACILITY -- Water fountains, picnic tables,
swimming pools, spas and food service facilities, such as tables and beverage counters, that
are open to and provide service for the public.
RECLAIMED WATER -- Effluent-from City owned and operated-wastewates-treatment-plaru,
which effluent-has been treated to advanced secondary treatment standards in compliance with
the requirements of the Florida Department of Environmental Protection. Includes the term
"treated effluent." The treated effluent may come from the city-owned and operated
wastewater treatment plan„
RECLAIMED WATER REUSE SYSTEM -- Those reclaimed water mains, lines, fittings,
valves and appurtenances, installed in public right-of-way or utility easements, which are
owned by the City of Ocoee.
RESIDENTIAL - Single or w j-f4 nly_residential_units that are individually metered.
REUSE SERVICE AREA (UTILITY SERVICE AREA) -- Those areas where the installation
of reclaimed water systems shall be available as provided in this article and shall be
geographically defined as the existing Sewer Utility Service Area of the City of Ocoee, all
areas now or hereafter within the City limits of the City of Ocoee and those areas which the
City of Ocoee may designate by resolution at a later date.
TRANSMISSION MAINS -- These mains, together with the storage and pumping facilities,
transmit the reclaimed water to the distribution systems and other points of use of the
reclaimed water. This transmission (delivery) system has been provided by the City.
§ 174-2. Purpose.
The purpose of this chapter is to establish a reclaimed water use program. The establishment
of a reclaimed water system is a vital ingredient in a program for conserving potable water. As
the general welfare, health, safety and convenience of the Ocoee community are directly
affected by the use of reclaimed water, it is in the interest of the public that the reclaimed
water system be designed and developed in accordance with sound rules and proper minimum
standards.
§ 174-3. Promulgation and enforcement water service procedures and regulations.
A. This chapter hereby establishes that the City's existing Public Utilities--Works
Department is expanded to include services and responsibilities for reclaimed water
facilities owned and operated by the City of Ocoee.
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006.300476.1
B. The City Manager or the City Manager's designee shall have the power to promulgate
procedures and regulations with respect to the following matters, which procedures and
regulations shall become effective upon a resolution approving the same being adopted
by the City Commission:
(1) Application procedures, forms-and requirements and allowable uses other than
irrigation. All uses must be in accordance with applicable FDEP regulation.
(2) Installation requirements, including specification of acceptable materials,
devices and regulations to prevent backflow or cross-connections with other
systems.
(3) Procedures for enforcement of the ordinances and regulations pertaining to
reclaimed water, including procedures for inspection of the customer's system.
(4) Procedures for the orderly expansion of the reclaimed water system.
(5) Procedures and regulations for the efficient operation of the reclaimed water
system.
C. Notwithstanding the foregoing, the City Manager or City Manager's designee may,
when necessary for the efficient operation of the reclaimed water system or for the
health or safety of the general public or the customer, establish regulations regarding
the following matters, which regulations shall become effective at the time of
promulgation without the need for City Commission approval:
(1) The time(s) of day or night which the reclaimed water may be used by
customers.
(2) The maximum rate of use of the reclaimed water.
D. No person shall construct, operate, maintain or allow to remain present on property
owned or controlled by him any device or system which is connected to or which
controls a device or system connected to the City's reclaimed water system and which
is not in compliance with all provisions of FDEP Regulations and this code related to
reclaimed water and with all procedures and regulations promulgated pursuant to this
section. Reclaimed water shall not be directed, conveyed or piped into any residence or
building used as dwelling unit. The person who owns or controls the property upon
which such a noncomplying device or system is found shall be liable to the City for the
amount by which the costs associated with the securing and/or removal of the
noncomplying device or system exceeds the cost of a normal discontinuance of service.
These excess costs shall constitute a lien against the property upon which the
noncomplying device or system is located.
E. Any customer whose reclaimed water system is in violation of any City ordinance,
regulation or procedure shall be subject to immediate discontinuance of reclaimed water
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006.300476.1
service. Such discontinuance of service shall not relieve any person of liability for civil
actions or for criminal or municipal ordinance violation prosecution.
§ 174-4. Areas embraced.
All territory within the City of Ocoee and the reuse servee-e area-Reuse Service Area served
by the City of Ocoee reclaimed water system shall be governed by this chapter to the extent
permitted by law.
§ 174-5. Public easement requirements.
Reclaimed water service mains and lines shall be provided for properties located within the
designated reuse service area at the same time and by the same person, entity or agency that is
providing new or replacement sewer service lines and mains. Reclaimed water service shall
comply with all provisions of such service as set forth in this article.
A. No facilities will be installed under the provisions outlined herein and accepted
by the City for maintenance unless they are in dedicated public rights-of-way or
dedicated public easements. A dedicated public easement will be required for all
facilities located within private roadways. Any new easement shall be
adequately sized as approved by the City to accommodate construction and
maintenance of any reclaimed system component. No obstruction of whatever
kind shall be planned, built or otherwise created within the limits of the
easement or right-of-way without written permission of the City.
B. Reclaimed water system extensions and improvements shall be accepted by the
City only upon receipt of the proper dedication documentation and the
acceptance of ownership by the Director or his designee.
§ 174-6. Ownership.
All reclaimed water facilities and appurtenances within dedicated public rights-of-way or
dedicated public easements, when constructed or accepted by the City, shall become and
remain the property of the City. No person shall by payment of any charges provided herein or
by causing any construction of facilities accepted by the City acquire any interest or right in
any of these facilities or any portion thereof other than the privilege of having their property
connected thereto for reclaimed water service in accordance with this chapter and any
amendments thereof.
ARTICLE II, Reclaimed Water Service
§ 174-7. Connection required.
A. Where available, the owner of every lot or parcel of land within the City of Ocoee
developed for pubhFeemmerc-ial-of€ace, industrial�vareheusing and/or-multifamily
use(s) Non- Residn__al use0Land/or multi family units, whether.indUALhially metered
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006.300476.1
or master metered shall connect or cause to be connected with the reclaimed water
distribution system.
B. Single-family home developments approved for construction after June 7, 1994, shall
include reclaimed water distribution mains and shall connect to the system when
reclaimed water service becomes available.
C. Connection to the system is mandatory for all existing-new single-family homes and for
all single-family homes constmeted after June 7, 1994, where reclaimed water service
is available.
D. All connections shall be made in accordance with policies and regulations adopted by
the City. This provision shall not be construed to entitle any person to cross the
property of another to make such connection.
E. For purposes of this chapter, the term "available" or "availability" shall mean that a
transmission main is contiguous to or within 100 feet of any property line-of-a-Glass-A
omit-or-within 1.000 feet-e€aGlas.-A-M-or-Clan B unit.
F. Required connections shall be made within 90 days of notification by the City that
reclaimed water service is available.
G. All connections to the reclaimed water system shall be metered.
§ 174-8. Reserved-Reciaimed-*Later user classification
-if-here is-hereby establi.4led-a-uniform-eT3ssif-ieatiou e#=water use �rs- .o oll
..cws<
A- alas; A. Detached-single family-residential-units:Meter-required.
B Mass AM. Multifamily residential facilities:-Master meter required
C. Clas- B. Office, commercial, -public--industriat—and—warehousing
facilities. Meter required.
§ 174-9. Reclaimed water rates and charges.
A. The City Commission shall establish by resolution rates and charges by class for the
use or availability of the City's reclaimed water system inside or outside the City.
B. The City will charge to each customer connecting to the City's reclaimed water system
a meter installation fee to defray the City's cost of the meter and meter appurtenances
and the cost of installation and related administrative and overhead costs. The City will
require the payment of such meter installation fee concurrently with the request by
prospective customer for the meter installation. The meter installation fee shall be
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006300476.1
charged only one time for the installation of a meter at any one location; provided,
however, that requests to exchange existing meters for meters of a larger size will
result in a charge to the prospective customer of the difference between the existing
smaller size meter and the requested larger single-size meter. The City Commission
shall establish by resolution the installation fees.
C. A customer whose reclaimed water_service has been discontinued may resume
reclaimed water service by payment of past due amounts and a reconnection fee as
established.by resolution of $;z� he City Commission; provided, however, that where
reclaimed water service has been discontinued for violation of the policies and
regulations relating to the use of the reclaimed water system, such service will not be
reconnected until the City receives, in its opinion, reasonable and sufficient guaranty
that the violation will not reoccur,The foregoq g applies only to the reconnection of
reclaimed water service_ Reconnection of water or sewer service is_governed by the
provisions of Chapter _173 of the Code of Ordinances for the Cit of coee.
§ 174-10. Billing and collection of fees.
A. The reclaimed water fees and charges shall be billed and collected with the monthly
utility bill for those properties utilizing City utilities. The reclaimed water fees and
charges shall be billed and collected separately for those developed lots or parcels and
owners thereof not utilizing other City utilities.
B. All bills for reclaimed water fees and charges shall be rendered monthly and shall he
payable at the same time and in the same manner and subject to the same penalties as
utility bills of the City under the terms and conditions of the Code of the City. The
reclaimed water fees and charges are part of a consolidated statement for utility
customers which is generally paid by a single payment. In the event that a partial
payment is received, the payment shall first be applied to garbage and trash, next
applied to stormwater management, next applied to sewer, next applied to the
reclaimed water fees and charges and finally applied to the water account.
C. In addition to any other remedies or penalties provided by this chapter or any other
ordinance of the City, failure of any user of City utilities within the City to pay said
reclaimed water fees and charges promptly when due shall subject such user to
discontinuance of water and sewer utility services, and the City Manager is hereby
empowered and directed to enforce this provision as to any and all delinquent users.
D. In the case that an occupant or tenant of any lot or parcel shall receive a reclaimed
water fees and charges bill pursuant to this chapter and shall fail to pay such bill, then
the owner of such lot or parcel shall be liable for such bill, and the City shall not be
required to look to any person whatsoever other than the owner for the payment of
such bill. In the event that any reclaimed water fees and charges bill shall not be paid
as and when due, any unpaid balance thereof, along with all interest accruing thereon,
shall be and constitute a lien on any lot or parcel affected thereby. The City may record
in the public records of Orange County, Florida, a notice of lien giving notice to all
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006.300476.1
•
persons that the City is asserting a lien upon the affected lot or parcel. In the event that
any such utility fee shall not he paid as and when due and shall be in default for 30
days or more, the unpaid balance thereof and all interest accrued thereon, together with
the costs of collection, including but not limited to attorneys' fees and costs, may be
recovered by the City in a civil action, and any such lien, accrued interest and any
additional costs may be foreclosed or otherwise enforced by the City by action or suit
in equity as for the foreclosure of a mortgage on real property.
§ 174-11. Right to refuse service.
A. No connection shall be made to the reclaimed water system unless specifically
approved by the Director or his designee.
B. No payment of any costs, submittal of any petition or any other act to receive
reclaimed water reuse service shall guarantee such service. The City shall have the
right, at all times, to refuse to extend services on the basis that a use is detrimental to
the system; or there is an inadequate supply of reclaimed water; or lack of payment of
required service charges; or for any other reason which, in the judgment of the
Director, will cause the extension not to be in the best interests of the City.
§ 174-12. Service interruption.
A. The City reserves the right to temporarily discontinue service to any portion of or the
entire reclaimed water system as deemed necessary by the Director.
B. The Director shall have the authority to establish schedules to control the use of the
water reuse system in order to reduce-maximum-pressure demands on the system and to
regulate usage of reuse water to balance with supply and storage availability.
ARTICLE III, Installation and Use of Reclaimed Water System
§ 174-13. Policies and regulations adopted; compliance required.
The City adopts by reference the Policy Governing the Installation and Use of the Reclaimed
Water System, dated May 10, 1994, as revised September, '00-1 June 2003: said policy being
attached hereto as Schedule A and made a part of this chapter. Compliance with the policy is
hereby required.
§ 174-14. Use of reclaimed water.
A. Reclaimed water may be used for the irrigation of crops not intended for human
consumption; residential lawns; golf courses; cemeteries; parks; landscaped areas;
highway medians and rights-of-way; or for any other purpose specifically approved by
the Director.
B. Reclaimed water may not be used inside of any residential dwelling or to fill swimming
pools, hot tubs, spas or wading pools.
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006.300476.1
C. The use of reclaimed water shall be restricted so that no wetted surfaces are located
within 100 feet of any public eating, drinking or bathing facility.
D. Reclaimed water shall not be applied to impervious surfaces that allow drainage to
surface waters. Reclaimed water shall not he applied to properties containing
subsurface drainage tiles or plates.
E. All uses of reclaimed water shall require a reuse permit, issued by the Utilities-Public
Works Department, following procedures established by the Director.
§ 174-15. Maintenance.
A. All portions of the system owned by the City will be operated and maintained by the
City. No person shall do any work or be reimbursed for any work on the system unless
written authorization is provided prior to beginning any part of the work.
B. The customer or property owner shall be responsible for the proper maintenance of all
on-site facilities, including irrigation lines, spray heads and appurtenances on property
served by the City. Failure to maintain the on-site system in the proper manner will be
grounds for discontinuance of service until such time as the City certifies that the
required maintenance has been performed.
§ 174-16. Petition for distribution main extension.
Reclaimed water service may be provided to portions of the reuse service area as a part of
the City's ongoing reclaimed water distribution main extension program. Property owners or
residents may request extension of service to a street or within a subdivision or contiguous part
thereof by filing a petition for reclaimed water service with the City. Forms for the petition
are available from the Utilities—Public Works Department. Upon receipt of completed and
signed petitions from at least 51% of all properties along a street or within a contiguous area,
the City shall consider such petition and, if approved, schedule the installation of the reclaimed
water distribution system at the earliest practicable date.
§ 174-17. Inspections.
A. Duly authorized employees of the City bearing proper credentials and identification
shall be permitted to enter any building, structure or property serviced by a connection
to the reclaimed water system of the City for the purposes of inspecting the piping
system or systems, backflow preventer, valves and/or all devices installed by the
customer which connect to or control the reclaimed water distribution system or use of
reclaimed water on such property.
B. Consent to such access shall be obtained from a person of suitable age and discretion
therein or in control thereof. The refusal of such information or refusal of access, when
requested, shall be deemed evidence of the presence of violation of the policies and
regulations adopted herein.
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006 300476.1
C. Inspections shall be at reasonable times and with reasonable frequency. Where there
exists cause to believe that a violation is committed, the City may cause the property to
be inspected as necessary to prevent or terminate the occurrence of such violation(s).
§ 174-18. Discontinuance of service.
The Director-of -Public-Utilities or his designee is hereby authorized and directed to
discontinue reclaimed water service to any property, after notice, where any violation of this
chapter exists, and to take such other precautionary measures deemed necessary to eliminate
any danger of contamination of the public potable water supply system. Reclaimed water
service to such property shall not be restored until the violation has been eliminated in
compliance with the provisions of this chapter.
§ 174-19. Unlawful works or connections to the reclaimed water system.
A. No person shall be allowed to work on the reclaimed water distribution system without
written consent of the City, and then only under the direction and supervision of the
City. No person shall tamper with, alter, damage, cut into or make connection with the
reclaimed water system or a City reclaimed water facility.
B. No person shall open or close valves to the system, turn on hydrants or cause water to
flow from the reclaimed water system without prior written consent of the City.
C. Any person found violating this chapter shall, upon conviction, be subject to the
penalties provided in Chapter 1 of this Code.
§ 174-20. Exemptions-und-varances.
Exemptions and variances shall be approved or denied by the City Commission of the City of
Ocoee after public hearing, based upon the recommendation of the Director, and upon
consideration of the following conditions:
A. Alternate reuse sites. Properties being developed as planned unit developments or
developments of regional impact may be exempted from the requirements of reuse
connection if a binding contract is executed for the provision of alternate reuse sites
and lines that otherwise would not require the installation of reuse lines. For each acre
of wetted surface to be exempted from the reuse requirement, 1.5 acres of alternate
reuse wetted surface will be provided, including all lines and sprayheads necessary to
irrigate the area. Any site considered as an alternate site shall be ready to receive
reclaimed water concurrent with the issuance of the first certificate of occupancy in the
exempted area. For the purpose of this exemption, golf courses are normally required
to utilize reuse and therefore are not considered as an alternate site.
B. Low-income housing subdivisions. Those housing projects receiving federal housing
subsidies and other similar financial assistance may be exempted, upon
recommendation of the Director, after submittal of information documenting that the
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006.300476.1
future residents of the project will be unable to purchase and maintain the necessary in-
ground irrigation equipment.
C_ _ Reuse service not feasi tile. If the City Commission determines that it is not feasible or
not in the best interests- of the City to extend transmission lines to serve apropssed
development,._then the City Commission may exempt such development fr-om_.the
requirement to construct reclaimed water distribution mains and from the requirement
that homes lots and parcels within such development connect to the Ctty's reuse
system. Under such cirnumstances the City Commission may reguireasa conditioner
such exemption that a payment be made to the City in lieu of its construction of
reclaimed water distribution maim
§ 174-21. Inspection fees.
A. The City reserves the right to inspect the installation of all reclaimed water facilities
installed by a developer or developer's contractors, which facilities are proposed to be
transferred to the City for ownership, operation and control. Such inspection is
designed to assure the City that reclaimed water lines are installed in accordance with
approved designs and are further consistent with the criteria and specifications
governing the kind and quality of such installation. The City further reserves the right
to be present at tests of component parts of the reclaimed water facilities for the
purpose of determining that the facilities, as constructed, conform to the City's criteria.
Such tests will be performed by the developer or developer's contractor but only under
the direct supervision of the City's engineer or authorized inspector.
B. The City shall charge an inspection fee not to exceed 2%—three percent (3%) of the
cost, either actual or estimated, of the subject reclaimed water facility as installed by
the developer. The City maintains full-time inspection availability, and the cost for
inspection services as set forth herein is and shall continue to be designed to defray the
actual cost of conducting such inspections and testing.
ARTICLE IV, Enforceability
§ 174-22. Violation liability.
A. Any person violating any provision of this chapter shall, upon conviction, be
punishable as provided in § 1-12 of Chapter 1, Article II, and Chapter 7, Enforcement
of Code, of the Code of Ordinances of the City of Ocoee. Each day such violation is
committed or permitted to continue shall constitute a separate offense and additional
violation. In addition, such person or customer shall pay all costs and expenses
involved in the case, including attorney's fees.
B. Any person or customer in violation of any of the provisions in this chapter shall
become liable to the City for any expense, loss or damage incurred by the City by
reason of such violation, including attorney's fees and costs of correcting unauthorized
work, tampering or damage to the system.
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006 300476 1
C. In addition to any penalty provided by law for the violation of any provisions of this
chapter, the City may bring suit in the appropriate court to enjoin, restrain or otherwise
prevent the violation.
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006.3004➢6.1
Reclaimed Water System Policy
POLICY GOVERNING THE INSTALLATION
AND USE OF THE RECLAIMED
WATER SYSTEM
City of Ocoee
Public UtilitiesWorks Department
May 10, 1994, as-revised September 2001 June 2001
TABLE OF CONTENTS
SECTION PAGE
1.0 INTRODUCTION
1.1 Background
1.2 Benefits
1.3 Source and Quality of Reclaimed Water =>
2.0 DEFINITIONS 4
2.1 General 4
3.0 POLICIES RELATING TO RECLAIMED WATER SERVICE 6
3.1 In-City Service 6
3.2 Outside-City Service
3.3 Availability of Service
3.4 Use of the Reclaimed Water Distribution System 6
3.5 Restrictions on Use of Alternative Water Source 6
3.6 Property Service Connection
3.7 CustomeCs System-Sintile Dwelling Units((las, A)Residential 8
n i O "
3.8 Customer=s System- �n Non-Residential
Industrial4Vareliouse4Glass-Br-afel-Mfdti-Family
- -Develepm2Hts-(€las AM) 8
3.9 Backflow Prevention 9
3.9.1 Single Family Dw Resideth31
3 9 2 Multi F • :- AM) Non-Residential 4
93 Pablic, Commercial, Office, Industrial{E4as B) - 10
3.10 Property Service Connection lA
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006.300476.1
3.11 Discontinuance of Service by Customer -1-0
3.12 Service Not Guaranteed 4-0
4.0 APPLICATION FOR RECLAIMED WATER SERVICE 4-I-
4.1 The Distribution System 4-1
4.2 Application for Reclaimed Water Service, C-1a-3' - LNon-Residential
and-Class B Customer's— - - 11
4.3 Application for Reclaimed Water Service, Glass A -Residential
E.ustenHf —.
•
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006.300476.1
•
APPLICATION FOR RECLAIMED WATER SERVICE
1.0 INTRODUCTION
1.1 Background.
The City Commission of the City of Ocoee has adopted a reclaimed
water program which provides guidelines, requirements and an implementation (permitting)
process that both encourage and require the use of reclaimed water in a manner that is
beneficial to the environment and non-detrimental to the public health and welfare. This
program is required to regulate and manage the comprehensive reclaimed water distribution
system which conveys reclaimed water throughout the City's Utility Service District. This
reclaimed water is primarily used for the irrigation of residential, commercial and public
properties, parks, highway medians, and other athletic and recreational facilities. Other
potential uses for the reclaimed water include: toilet flushing in new office and industrial
buildings, cooling water, industrial process water, supply for automatic car washes, and, in
specific cases, lake level control-and-ornamental uses such as fountains and waterfalls.
1.2 Benefits.
The benefits to be derived from the success of this program arc several,
and include conservation of the potable water supply, reuse of a valuable water resource,
recharge of the upper aquifer, reduction in nutrient discharge to surface waters, reduction in
transfer of saltwater contamination to the aquifer, and utilization of an environmentally safe
and sensible method of disposing of effluent (reclaimed water).
1.3 Source and Quality of Reclaimed Water.
The source of reclaimed water, which is delivered to the point of use by
the reclaimed water distribution system, is the effluent from the City's Wastewater Treatment
Plant. Thetreatment proces es at-the-plant include secondary treatment followed by dual
media filtration--and—high—level disinfectionsor effluent._purchased from r_governmental
entities or utilities. These treatment processes produce a reclaimed water with the following
qualities: good appearance, good clarity, non-staining, odorless, low turbidity and
bacteriologically safe. The water contains low-levels of nutrients (nitrogen and phosphorus)
which, if properly applied, will be beneficial to plant and turf growth. While you should not
drink the reclaimed water, there is no known danger to an individual's health from casual
contact when the water is being used for the intended purposes.
The following policies and regulations govern the installation and uses of
the reclaimed water distribution system and its related sub-systems and facilities within the
Utility Service District of the City of Ocoee, Florida.
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006 300476.1
2.0 DEFINITIONS
2.1 General.
The following definitions of titles, terms and system components, as
well as definitions included in Chapter 174 of_theCity Code, are presented for the purposes of
uniformity and to afford a more specific understanding of the following policies and
regulations governing the installation and use of the City's reclaimed water utility. The other
utilities owned and operated by the City which have varying degrees of relationship with the
reclaimed water utility are the potable water system and the wastewater collection and
treatment system.
Approved Uses for Reclaimed Water -- Reclaimed water shall he used for irrigation of public
and private landscaped areas and such other uses as are permitted by law. Reclaimed water
may be used in conjunction with a drip-type irrigation system to irrigate vegetable gardens.
Overhead irrigation of vegetables is acceptable only if the vegetables are peeled, cooked, or
thermally processed before human consumption. Current FDEP Regulation (17-610) does not
permit the use of reclaimed water for drinking purposes and/or in swimming pools.
Available or Availability -- Shall mean contiguous to or within one hundred (100) feet of any
property line.
Rackflow Prevention Device/Assembly -- Shall mean an approved device as designated for a
particular application and as described in the Cross-Connection Control Manual which has
been adopted by reference as part of Article VII of Chapter 173 of the Code of the City of
Ocoee.
Cross Connection Control Ordinance -- Shall mean Article VII of Chapter 173 of the Code of
the City of Ocoee.
Cross Connection Control Supervisor -- Shall mean the City employee in the Public Utilities
Works Department who is responsible for the cross connection control program.
Customer Category CustomerClas' B shall-mean-all public, commercial;
offe industriallwareheusing--Customer-Class-AM shall mean all-multi-family developments.
Customer Class ,hall-.man-all-simgle-family dwelling units,
Dual Distribution System -- Is a general term used by the American Water Works Association
to describe a two-component water distribution system designed to serve an area. One
component delivers potable water for drinking, cooking, bathing and other uses requiring
potable water. The other component delivers non-potable water (in the case of Ocoee,
reclaimed water) for irrigation and other uses not requiring potable water. While these two
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006300476 1
systems may parallel one another and both may serve a property, there is no interconnection
and their separation is strictly defined and carefully monitored.
Irrigation System -- Shall mean the customer's in-ground piped system which delivers water to
spray or drip-type irrigation devices located throughout the property. The system may be
controlled by an electric timer or may be controlled manually. The system shall be equipped
with special lockable hose bibb boxes providing irrigation by hose and/or portable sprinkler
devices in addition to the in-ground piped system.
Irrigation Well -- Shall mean a well located on private property and used to supply water to an
in-ground irrigation system or other irrigation devices which serve the property.
Metered Connection -- All service connections to publie-eon mereial, office-Non:Residential
and Residential custorishalLbe-meterel.
Non-Residential-= Commercial, industrial/warehousing, office. warehouse and/or institutional
uses whether master metered or individuallymetered: and/or multi-family residential units
and single family-homes-al tomers hall-be-that are master metered.
Reclaimed Water Charges -- Shall mean all other charges relating to providing or
discontinuing reclaimed water service.
Reclaimed Water Distribution System A comprehensive piping system provided to deliver
reclaimed water to customers within the City's Utility Service District. The reclaimed water
distribution system is made up of the following components: storage basins, high service
delivery pumps, transmission mains and distribution mains and (property) service connections.
Reclaimed Water Rates -- Shall mean the monthly charges for reclaimed water service, which
have been established by; and may be changed by, resolution of the City Commission.
Residential=Single or multi-family residential units that are individually metered_._
Service Connection -- Shall mean the reclaimed water service connection from the
transmission or distribution main to the customer's property line, and shall include a
corporation stop tapping valve at the main, the service connection pipe and a lockable curb
stop, box, and shutoff valve at the property line.
3.0 POLICIES RELATING TO RECLAIMED WATER SERVICE
3.1 In-City Service.
Reclaimed water service shall be provided for properties located within
the City of Ocoee, on a first-priority--basis-to the extent available, which comply with the
provisions for such service as set forth in these policies. Reclaimed water service shall be
available to these properties as the transmission and distribution systems are extended.
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006.300476.1
3.2 Outside-City Service.
Reclanned To_the exten> ranted by Ia-w, reclaimed water service may be
provided to properties located outside of the City but within-the-beunsin accordance with
resolutions as may be adopted by the City Commission of the City's-Utility Service Area;un-a
second-priefibrbasis: At the City's -option-and-convenience. service tosuch-properties
strategically located-along-transrnissiorrmain-retines-nay-he-provided on a first priority-basis
of_Ocoee.
3.3 Availability of Service.
Reclaimed water service is available from either the primary
transmission mains or the installed distribution mains. Distribution mains will be extended into
areas not presently served in accordance with procedures outlined in these policies and
regulations.
3.4 Use of the Reclaimed Water Distribution System.
—Connection UUe exempt from connection pursuant to Section 174-20
of_ the Code connection to the system is required for all public, commercial. office;
industrial/warehousmng—multi-family development Residential and ssmel family residential
Non-Residential development in accordance with Chapter 174 of the Code of the City of
Ocoee.
3.5 Restrictions on Use of Alternative Water Sources.
Existing private irrigation systems which connect to the reclaimed water
system and are presently served by an on-site well or other water source shall disconnect the
well or other water source permanently. Dual or temporary connections of wells to irrigation
systems served by reclaimed water are not permitted. Dual or temporary connections may be
made to natural surface waters or artificially created surface impoundments as permittable by
FDEP and/or St. Johns River Water Management District when declared exempt by the Public
Utilities Director. The Public-Utilities-Director may make such declaration of exemption as to
a limited area or particular lake or as to a particular property or class of properties (i.e.,
et�Residennal_or No_n-Residential) and for such a limited time
period as determined necessary by the Director of Pubhie-Utilities-to serve and protect the
public interest. In making such determinations, the Director of-Ptiblie Utilities shall consider,
among other things, the following factors:
a. Whether city-wide reuse irrigation utilization is high;
b. Whether such irrigation would not be detrimental to the body of
water;
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006 300476.1
c. Whether the particular property or class of properties has the
physical means to take water from the body of water using available facilities which can be
isolated from other piping systems so as not to pose cross connection control problems.
A declaration of exemption issued under this section shall not exempt the user
or property from compliance with all other regulatory requirements of the St. Johns River
Water Management District, State of Florida Department of Environmental Protection, the
City of Ocoee, and all other applicable local, regional, state or federal agencies. ,
3.6 Property Service Connections.
Property service connections shall be as required by the property served,
but in no case shall be less than one inch in diameter. Each service connection shall be
equipped with a lockable corporation stop or shutoff valve at the main and a curb stop or
shutoff valve and box at the property line. The City's valve box cover at the property line shall
be square and marked "Reclaimed Water." This service connection, together with its valves,
are the property of the City. The customer may install his own shutoff valve immediately
inside his property line for his own use. Two (2) or more customers may be served by one
service connection if sufficient capacity is available. Such common service lines will be sized
to provide adequate supply to each customer.
3.7 Customer' s System - Single Dwelling Unit (Class A)Residential.
The customer's on-site system may be either a standard in-ground
landscape irrigation system with a specially designed lockable in-ground control box or a
specially designed lockable hose bibb box containing one hose bibb to be used to irrigate the
property by means of garden hoses or portable sprinklers. The in-ground system may be
controlled either by a manually-operated zone valve or automatically by a timer and related
zone valve. If the customer elects to use the in-ground lockable hose bibb box, it will be
supplied and installed by the City. The box may be installed anywhere along the property
frontage on the property side of the sidewalk, and will be equipped with a special locking
device to provide the customer the capability to control the use of reclaimed water on his or
her property. The lid of the hose bibb box will be clearly marked -- Reclaimed Water. The
service connection contains a tag stating "Irrigation -- Reclaimed Water -- Do Not Drink."
The City will provide a quick disconnect device to be installed by the City, on the customer's
5/8-inch garden hose. The hose containing the device must be used for connection to the
reclaimed water system ONLY. Above ground hose bibbs on the reclaimed system are NOT
allowed under current FDEP regulations.
3.8 Customer's System -- Public. Commercial. Office. lndastriai/Warehouse
(Class B) and-Multi Family Developments (Class_'AM)Non-Residential.
The customer's on-site system for these types--of—Non-Residential
development may be a standard in-ground landscape irrigation system. The City prefers that
the system be zoned and controlled by a timer. Low trajectory or drip-type systems are
recommended; however, they are not mandatory. Signs as approved by the City shall be
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006.300476.1
placed in conspicuous locations within the landscaped areas of the developments. They shall
read, "Irrigation with Reclaimed Water, Do Not Drink." If the owner or manager of these
types-of-2'on-Resident developments permits or causes vehicles to be washed on the
property, a special area shall be set aside for that purpose and it shall he served by one or
more lockable in-ground hose bibb boxes connected to the on-site reclaimed water system. The
hose bibb rack shall be clearly marked and readily visible with at least one sign stating "Auto
Washing, Reclaimed Water, Do Not Drink."
3.9 Backflow Prevention.
Backflow prevention devices will be required on potable water lines
when reclaimed water is delivered to the property in accordance with FDEP regulation 17-
555.360 and the City's adopted "Manual of Cross Connection Control." The City will install
appropriate backtlow prevention devices on single family potable service connections when
reclaimed water is delivered to the property. The following summarizes Section II, Reclaimed
Water Systems, of the City's adopted "Manual of Cross Connection Control" and defines
backflow prevention device requirements on the reclaimed system. Other sections of the
"Manual of Cross Connection Control" should be referred to for specific information
regarding backflow prevention assembly or device installation and testing.
3.9.1 Single Family Dwelling Units (Class M.
Backflow prevention assemblies or devices will be required on all single-
family reclaimed potable water services where reuse services are provided. The homeowner
will be required to maintain the backflow prevention assembly (RPBA) in these situations.
"Where a hackflaw-prevention assembly has been installed-onan-irrigation service conneetien
to-the potable water system- " assembly -may be eliminated by City personnel (or City
Cow-actor)-v.hen the reclaimed system replaces-the-potable-send deuce of
hazard-of-the-existing irrigation syster. . ,�in � eter...ining fact r in nether-the
assembly-must remain on the irrigation-system -to-the reclaimed uennecs:. The
homeowner-will-be-required to maintainThe-assembly-in-these-situations. if the assembly ie
eliminated it remains the property ocam' ^ ho.^eownec7
3=4.2 Multi-Family Developments (Ctass AM).
19.2 Non-Residential,.
Backflow prevention assemblies will be required on all multi family
reclaimed-irrigation-ar.;ce-conecdons:--Where-a backtlow preventio m�^�Nty-;ras-bLen
installed-on-an-irrigation system connected-to the-Non-Residential potable water ystem,-that
assembly may-be-eliminated by City personnel (or-City-Contractor) when4he-potable-serviee
connection-is chan d- to a reelaimed-servieeeouneetiotrservicesconnectionswhere reuse
services are provided. Whether-4 ,-use-of-the-assembly must be continued will-depend-upon
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006 300476.1
the-degree--of hazard a seciated-with--the-existing-irrigation-system. If the-assembly-is
eliminated-it-remains the property of the-facility owner
The property owner of multi family Non_Residential units is responsible
for maintaining all backflow prevention assemblies on the reclaimed system.
3-9 -PuhliE-Camme.m.aof€ieelndustrial/-Werehouse{C1 rss t3}
-Baektlow-prevention assemblies-will--be required on-ail--eenmiercial
reclaimed irrigation-service connections-
—Where a back-Bow prevention-assembly has-been in tailed-on an
irrigation-system cennected._to- he-potable-water-systemthat-assembly-name 1-im n ted-hy
City-personnel (or City Contractor) when the potable service- connection-is-changed to -t
reclaimed-service connection -Whether the use of assembly must-betentinued- will--depend
upon-the-degree--of-hazard-associated-with-the existing-irrigation--system-l-f-the-assembly-is
eliminated-it-remains-the-property--ef-the-facilit3-ewner,The-property owner-of a commercial
facility-is-responsibh, for maintaining-all-bac-cfew-prevention-assemblies-en the reclaimed
system.
3.10 System Pressures.
The City will provide reclaimed water at pressures which are adequate to
satisfactorily operate all standard irrigation systems and devices. Should the customer require
pressures which are higher, he shall provide, at his cost, whatever devices are necessary to
provide the higher pressures. Before installing such devices, the customer shall obtain a permit
from the City Utility-Public Works Department. Electrical permits are separate permits which
are still required.
3.11 Discontinuance of Service by Customer.
If the customer desires a temporary discontinuance of service the
procedures applicable to a temporary discontinuance of water service shall apply.
3.12 Service Not Guaranteed.
The source of the reclaimed water is the City's Wastewater Treatment
Facility which can produce a finite quantity of reclaimed water. The City will carefully
monitor the number of connections being made to the system so as not to overtax its capacity;
however, at the same time, it is the desire of the City, and the intent of the program, to
provide the service to the maximum number of customers. During extended dry periods, it
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006.300476.1
may be necessary to limit a customer's water use or, under extreme conditions, to temporarily
discontinue service.
4.0 APPLICATION FOR RECLAIMED WATER SERVICE
The requirements for site plans, building permits and the like that
presently exist are not altered by these regulations, but where connection is proposed to the
reclaimed water system, there will be an additional submittal to the Utility-Ptublic Works
Department, as hereinafter described.
4.1 Obtaining Application Forms.
Application forms for reclaimed water service may be obtained from the
Utility-Public Works Billing Office in City Hall or from the offices of the Utility-Public Works
Department. All questions relating to completing the application form should be directed to the
Utility-Public Works Department. Completed application forms should be mailed or hand
delivered to the Utility-Public Works Department. The application form must be accompanied
by a check or money order, made payable to the City of Ocoee, in an amount sufficient to
cover any fees and charges for the reclaimed water service connection. The application shall
specify whether the customer requires increased reclaimed water pressures which are higher
than standard as described below.
4.2 Application for Reclaimed Water Service, Clas. AM and Class B Non-
Residential-Customers.
Applications for reclaimed water service to Gass-AM-or ^- s B Non-
Residential Customers ncluding-puhlie_-commercial,-office;-industriallwarehe se-or-multr
family--developments shall be accompanied by a detailed site plan showing the size and
location of the service connection to the distribution main, the layout of the primary delivery
mains within the development and the location and type of irrigation devices to be installed in
the irrigation system. The maximum steady-state demand for reclaimed water that the
irrigation system will require to function properly must also be provided. The irrigation
system may be a standard in-ground type with permanently placed sprinkler devices. The
service connection shall be equipped with a shutoff valve just inside the public right-of-way, a
meter, and a customer shutoff valve on the customer side of the meter. The size of the service
connection and meter will be determined by City personnel based upon the maximum steady-
state demand of the irrigation system. Small, neat signs stating "Irrigation with Reclaimed
Water, Do Not Drink" shall be placed in conspicuous locations throughout the landscaped
areas. If auto washing is permitted on the property, a special area shall he set aside for this
activity and it shall utilize reclaimed water. A sign, or signs, shall be placed on the hose bibb
rack stating "Auto Washing, Reclaimed Water, Do Not Drink."
4.3 Application for Reclaimed Water Service, Class A Residential Customer.
The application must state the type of irrigation system which will be used; that is, a
standard in-ground system with fixed sprinkler devices or the special hose bibb box to be
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006.300476.1
•
furnished at cost by the City. A single residential service connection will consist of a
corporation stop at the distribution main, the service pipe and a curb stop, meter and box at
the property line. A single reclaimed water service connection will be one inch in diameter.
Immediately inside the property line, the customer may choose to install a shutoff valve for his
use in repairing, extending and maintaining the on-site system. If the customer presently uses
an irrigation well, he must so state and agree to disconnect that well from the system.
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006.300476.1
RESOLUTION NO. 2003- 17
A RESOLUTION OF THE CITY OF OCOEE, FLORIDA
RELATING TO RECLAIMED WATER; AMENDING
RESOLUTION NO. 2001-11; REVISING THE RATES AND
CHARGES FOR THE USE OR AVAILABILITY OF THE
CITY'S RECLAIMED WATER SYSTEM; PROVIDING
FOR SEVERABILITY; PROVIDING AN EFFECTIVE
DATE.
WHEREAS, the City Commission of the City of Ocoee has the authority to
adopt this Resolution pursuant to Section 174-9 of the Code of Ordinances of the City of
Ocoee, Florida, Article VIII of the Constitution of the State of Florida and Chapter 166,
Florida Statutes; and
WHEREAS, the City Commission of the City of Ocoee desires to revise the
reclaimed water rates adopted in Resolution No. 2001-11 relating to Reclaimed Water;
provided, however, that the rates established in Resolution No. 2001-11 shall remain in effect
for hills issued through September 31, 2003; and
WHEREAS, the City Commission of the City of Ocoee desires to establish a
revised schedule of rates and charges for the use or availability of the City's Reclaimed Water
System; and
WHEREAS, the new rates shall apply to hills issued on or after October 1,
2003; and
WHEREAS, notice of the revised rates have been provided to each customer of
the utility through the utility's billing process in accordance with Section 180.136, Florida
Statutes.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION
OF THE CITY OF OCOEE, FLORIDA, AS FOLLOWS:
006.296925.2 DRAFT June 18, 2003
� naU
SECTION 1. Authority. The City Commission of the City of Ocoee has the
authority to adopt this Resolution pursuant to Section 174-9 of the Code of Ordinances of the
City of Ocoee. Florida, Article VIII of the Constitution of the State of Florida and Chapter
166, Florida Statutes.
SECTION 2. Reclaimed Water System Rates. The City Commission of the
City of Ocoee hereby adopts and approves the RECLAIMED WATER SYSTEM RATES as
set forth in Exhibit "A" attached hereto and by this reference made part hereof; provided,
however, that the rates established in Resolution No. 2001-11 shall remain in effect for bills
issued through September 31, 2003 without regard to the date of the meter reading. The rates
established in Exhibit "A" of this Resolution shall apply to bills issued on or after October 1,
2003 without regard to the date of the meter reading.
SECTION 3. Severability. If any section, subsection, sentence, clause,
phrase, or portion of this Resolution is for any reason held invalid or unconstitutional by any
court of competent jurisdiction, such portion shall he deemed a separate, distinct, and
independent provision and such holding shall not affect the validity of the remaining portion
hereto.
SECTION 4. Fffertive Date. This Resolution shall become effective
immediately upon passage and adoption.
006.296925.2 -2-
PASSED AND ADOPTED this day of , 2003.
APPROVED:
ATTEST: CITY OF OCOEE, FLORIDA
Jean Grafton, City Clerk S. Scott Vandergrift, Mayor
(SEAL)
ADOPTED ON THE ABOVE DATE
UNDER AGENDA ITEM NO.
FOR USE AND RELIANCE ONLY
BY THE CITY OF OCOEE, FLORIDA
APPROVED AS TO FORM
AND LEGALITY
this day of , 2003.
FOLEY & LARDNER
By:
City Attorney
-3-006.296925.2
EXHIBIT "A"
CITY OF OCOEE
RECLAIMED WATER SYSTEM RATES
EFFECTIVE FOR BILLS ISSUED ON OR AFTER OCTOBER I, 2003
(a) Customer charge, effective for all bills issued on or after October 1, 2003, without
regard to the date of the meter reading.
Meter Tyne Charge
All Meter Types $1.14
(b) Plus: Base facility charge (zero consumption), effective for all bills issued on or after
October 1, 2003, without regard to the date of the meter reading.
Meter Type Charge
3-inch $2.78
1.0-inch $6.94
1.5-inch $13.88
2.0-inch $22.20
3.0-inch $44.40
4.0-inch $69.38
6.0-inch $138.75
8.0-inch $222.00
10.0-inch $346.88
12.0-inch $693.75
0062969252
(c) Plus: Volumetric (gallons) charges, effective for all bills issued on or after October 1,
2003, without regard to the date of the meter reading:
RESIDENTIAL
NUMBER OF GALLONS CHARGE PER 1000 GALLONS
0 TO 4,000 GALLONS $0.59
4,001 TO 8,000 GALLONS $0.78
8,001 TO 12,000 GALLONS $1.56
12,001 GALLONS AND GREATER $2.34
NONRESIDENTIAL,
NUMBER OF GALLONS CHARGE PER 1000 GALLONS
0 TO 4,000 GALLONS $0.59
4,001 TO 8,000 GALLONS $0.78
8,001 TO 12,000 GALLONS $1.56
12,001 GALLONS AND GREATER $1.56
006 296925 2 -5-