HomeMy WebLinkAboutVI (D, E & a) Ordinance No. 2003-24; Ordinance No. 2003-25: Resolution No. 2003-17 Agenda 8-05-2003
Item VID, E & a
FOLEY : LARDNER
ATTORNEVS AT LAW
MEMORANDUM
CLIENT-MATTER NUMBER
020377-0147
TO: Honorable Mayor and City Commissioners of the City of Ocoee
FROM: Paul E. Rosenthal, Esq., City Attorney
DATE: July 30, 2003
RE: Proposed Amendments to Ordinance Nos. 2003-24 and 2003-25;Resolution No.
2003-17
Staff is proposing further revisions to proposed Ordinance Nos. 2003-24 and 2003-25 and
Resolution No. 2003-17. These changes are in response to comments received since the last City
Commission meeting. These changes also correct certain scrivener's errors contained in the
documents as amended by the City Commission. The notices of proposed rate increases sent to
the utility customers are consistent with these proposed amendments.
Attached hereto are the following:
1. Proposed amendments to Ordinance No. 2003-24.
2. Proposed amendments to Ordinance No. 2003-25.
3. Proposed amendments to Resolution No. 2003-17.
If these amendments are acceptable, there should be a motion to amend in connection with each
ordinance and the resolution.
If you have any questions, do not hesitate to contact me.
PER!] It
Enclosures
006.303301.2 FOLEY&LARDNER
PROPOSED AMENDMENTS TO ORDINANCE NO.2003-24
FOR CONSIDERATION AT AUGUST 5, 2003 CITY COMMISSION MEETING:
1. Amend Section 173-1 to revise the definitions of water and water capital charges, as
follows:
WATER -- Water treated by the city at the treatment facilities to be
provided to customers of the city system. This_m_av he referred to also
as "Potable Water."
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/se-wet system, as amended from time to time by the city and set
forth in the city's tariff.
2. Add a new Section 173-2.1 requiring non-residential customers to have an irrigation
meter, as follows:
& 173-2.1
For all new and existing non-residential customers, the city may
require the installation of a second water metn_to be used for
irrigation purposes only.
3. Amend Section 173-4.A to correct scrivener's errors in the base facility charges for water
and sewer, to provide a separate schedule for volumetric (gallons) charges for residential
and non-residential customers using potable water through an irrigation meter, such
charges to be the same as the residential volumetric (gallons) charges for potable water;
to clarify that the sewer volumetric (gallons) charges do not apply to potable water which
flows through and is registered by an irrigation meter; and to clarify that all reference to
gallons refer to potable water only, all as follows:
§ 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 botheach of the registers.
006.304034.1
(I) Water.
(a) Base facility charge (zero consumption), effective for all
bills issued on or after October I, 2003, without regard to the date of
the meter reading:
Meter Type Charge
3/4-inch $ 7.64
1-inch 19.10
1 1/2-inch 38.20
2-inch 61.2061.12
3-inch 122.24
4-inch 191.00
6-inch 382.00
8-inch 61 1.2061 LOU
10-inch 786.00878.60
12-inch I(v12.601 642 60
(b) Plus: Volumetric (gallons) charges, effective for all bills
issued on or after October I, 2003, without regard to the date of the
meter reading:
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006 304034.1
RFSIDFNTIAI,
OResidential
NUMBER OF GALLONS CHARGE PER 1000
GALLONS
O TO 6,000 GALLONS $0.84
6,001 TO 12,000 $1.05
GALLONS
12,001 TO 18,000 $1.31
GALLONS
18,001 TO24,000 $3.28
GALLONS
24,001 TO 30,000 $4.92
GALLONS
30,001 AND GREATER $5.98
NON RESIDENTIAL
ii Non-Residential
NUMBER OF GALLONS CHARGE PER 1000
GALLONS
0 TO 6,000 GALLONS $0.84
6,001 TO 12,000 $1.05
GALLONS
12,001 TO 18,000 $1.31
GALLONS
18,001 TO24,000 $1.97
GALLONS
24,001 TO 30,000 $1.97
GALLONS
30,001 GALLONS AND $1.97
GREATER
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006.304034.1
iii) Provided however that if the Residential or Non-Residential
customer has an irrigation meter, then the following Volumetric
I allons charges shall apply toall potable water which flows through
and is registered b the irri ation meter ellectiv f r ills issued
on or after October 1, without regard to the date of the meter
reading:
NUMB.E13OFGALLONS C1L RQE—PER :1000
GALLONS
QUO 6.000 GALLONS $0 84
4 011 TO 12.000 $105
,.;GALLONS
1.. 0.2. 01 TO1$990 $
GALLONS
Lug TO 24,000
GAT.i,f)NS..
24.001 TO30.000 staz
GALLONS
3.0.0�NDGGREATER .$5.98
(2) Sewer.
(a) 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 $13.81
1-inch 34.53
1 1 P%-inch 69.05
2-inch 110.48
3-inch 220.96
4-inch 345.25
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006.304034.1
6-inch 690.50
8-inch 1,104.80
10-inch 1,726.251.,588,.4 5.
12-inch 3,452.502 96 15
(b) 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,
(i) Residential
NUMBER OF CHARGE PER 1000
GALLONS GALLONS
0 TO 12,000 GALLONS $1.98
12,001 GALLONS AND $0.00
GREATER
NON 12FSIDLN HAL
ii Nan-Residential
NUMBER OF CHARGE PER 1000
GALLONS GALLONS
0 TO 12,000 GALLONS $1.98
12,001 GALLONS AND $1.98
GREATER
iii) Provided. however,hat the Volumetric (eallons)_charges set
forth in(j)and Bi) above shall not aply,to.potable wa4tr which Bows
throurh and is registered by an irrieation meter.
(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
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006.304034.1
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.
(4)_._ All references to"•allons" or"charg ner 1000 gallons" in
this Section 173-4.A shall refer to gallons of notable water. Charles
related to the consumption of reclaimed water shall be governed by
the provisions of Chanter 174 of the Ococc Code of Ordinances,
4. Amend Section 173-11.0 to change all references therein from "Commercial Projects" to
"Non-Residential Projects".
5. Amend Section 173-28.0 to change all references therein from "Commercial Projects" to
"Non-Residential Projects.
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006.304034 1
PROPOSED AMENDMENTS TO ORDINANCE NO. 2003-25
FOR CONSIDERATION AT THE AUGUST 5, 2003 CITY COMMISSION MEETING:
1. Amend Section 174-1 to delete definition of customer charge and to revise definitions of
reclaimed water and reuse service area as follows:
CUSTOMER ell4E CE el a_,gtntended_to defray aC�tiye
....a a.. .„,, ,.r a: a ..........:..It pr ❑
RECLAIMED WATER -- Effluent from City owned and operated
wastewater-treatment-plant, 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 or may not come from the city owned
and operated wastewater treatment plant
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 Arca 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.
2. Amending Section 174-7.0 as follows:
Connection to the system is mandatory for all existing new single-family
homes where reclaimed water service is provided and for all single-
family homes constructed after June 7, 1994, where reclaimed water service
is available.
3. Adding a new Section 174-II as follows:
H. Connection to the system is mandatory for all existine and new
if• v homes where reclaimed water service is available and the
service lines to the homes have been retrofitted to accent reclaimed
water
4. Amending the Reclaimed Water System Policy by changing all references to"Utility
Service District"to"Reuse Service Area".
5. Amending the Reclaimed Water System Policy by changing the title of Section 3.9.1
from "Single Family Dwelling Units (Class A)" to "Residential".
6. Amending the Reclaimed Water System Policy by changing the first sentence of Section
3.9.2 to read as follows: "Backflow prevention assemblies will be required on all Non-
Residential Potable water service connections where reuse service is provided."
006.304035.1
PROPOSED AMENDMENTS TO RESOLUTION NO.2003-17
FOR CONSIDERATION AT THE AUGUST 5, 2003 CITY COMMISSION MEETING
I. Amend Resolution to add the following as Section 3 thereof and renumber accordingly:
SECTION 3. Annual Increase In Rates. Commencing on October 1,
2004 and each October 1 thereafter, the Base Facility Charge and
Volumetric (gallons) Charges for reclaimed water service as set forth in
Exhibit "A" of this Resolution 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 I to December 31 of the previous calendar year.
This increase will apply to all bills issued after October I of each year
without regard to the date of the meter reading.
2. Amend Section (a) of Exhibit"A" to correct scrivener's errors in base facility charges, as
follows:
(a) Base facility charge (zero consumption), effective for all bills issued on
or alter October 1,2003, without regard to the date of the meter reading.
Meter Type Charge
%-inch $5.73
1.0-inch $14.33
1.5-inch $28.65
2.0-inch $15.90$45.84
3.0-inch $91.68
4.0-inch $143.25
6.0-inch $286.50
8.0-inch $45&A0$458.25
10.0-inch $589:50$658.95
12.0-inch $1,231.95
3. Amend title to Resolution to conform with the above changes.
006.304065.1
FOLEY : LARDNER
ATTORNEYS AT LAW
MEMORANDUM
CLIENT MATTER NUMBER
020377.0107
TO: Honorable Mayor and City Commissioners of the City of Ocoee
FROM: Paul E. Rosenthal, Esq., City Attorney
DATE: July 23, 2003
RE: Ordinance Nos. 2003-24 and 2003-25; Resolution No. 2003-17;Revisions to
City Code Chapters 173 and 174 and Revise Rate Resolution
Pursuant to the action taken by the City Commission at the last meeting, please find
attached the following:
1) Ordinance No. 2003-24, as amended by the City Commission.
2) Blacklined copy of proposed Articles I, II and 111 of Chapter 173 of the City Code
showing the differences between those proposed provisions of Ordinance No. 2003-24, as
amended, and the current Code provisions.
3) Ordinance No. 2003-25. (No changes have been made to this Ordinance).
4) Resolution No. 2003-17, as amended by the City Commission.
In connection with the adoption of Ordinance No. 2003-25, staff is recommending that
the Ordinance be amended to delete the definitions of "Customer Charge" in the proposed
revisions to Section 174-1. This would be consistent with the previous amendment to Resolution
No. 2003-17.
In connection with the adoption of Resolution No. 2003-17, staff is recommending that
the Resolution be revised to include an annual cost-of-living adjustment which is the same as
proposed for the sewer and water rates. If the City Commission supports this a motion should be
made to amend Resolution No. 2003-17 by adding the following Section 3 after Section 2:
"Section 3. Annual Increases in Rates. Commencing on October 1, 2004
and each October 1 thereafter, the Base Facility charge and Volumetric
(gallons) charges for reclaimed water service as set forth in Exhibit"A" of
this Resolution 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
006.303301.1 FOLEY&LARDNER
FOLEY1LARDNER
. , . e . . . . . . . LAW
all bills issued after October 1 of each year without regard to the date of the
meter reading."
It is also recommended that the title to Resolution No. 2003-17 be revised to reflect such
amendment in a revised title to the Resolution.
If you have any questions, do not hesitate to contact me.
PER/jth
Enclosures
2
006.303301.1
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
006.296998.4
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 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.
SECTION 2. Articles I, II and HI 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 I, 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 he sold on a first-come-first-served basis. The first-
come-first-served basis shall he determined by the date and time the application
was received by the city. There will be an application fee of five hundred
dollars ($500.) paid to the Finance Department whichshall-reimburse-the-city
for review by the City-Engineer-Director and legal fees. The application fee
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006.296998.4
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
City--Engineer--Director 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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006.296998 4
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--EngineerDirector for sewer service capacity needs assessment and
recomputation of sewer capital charges shall he 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 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 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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006.296998 4
§ 173-57. Inspections.
The-Utilities Director or his designee shall cause inspections to be 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
backflow 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-eity's Utilities DepartmenEBackflow Prevention Specialist.
The consumer shall notify the city's Utilities-Pic 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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006.296998 4
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 Utilities Works Department.
DIRECTOR -- The Director of the Public UtilitiesWorks Department.
SECTION 12. Codification. 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 he deemed a separate, distinct, and
independent provision and such holding shall 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
2003
READ THIRD 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
CHAPTER 173
WATER AND SEWERS
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.
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 be 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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006.296998.4
§ 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 shall he 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 be 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 he 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
I 1/2-inch $450.00 $450.00
2-inch $520.00 $520.00
3-inch and larger To be determined by Director
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006296998.4
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) 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 $ 7.64
1-inch 19.10
1 1/2-inch 38.20
2-inch 61.20
3-inch 122.24
4-inch 191.00
6-inch 382.00
8-inch 611.20
10-inch 786.00
12-inch 1642.60
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(b) 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
O TO 6,000 GALLONS $0.84
6,001 TO 12,000 GALLONS $1.05
12,001 TO 18,000 GALLONS $1.31
18,001 TO 24,000 GALLONS $3.28
24,001 TO 30,000 GALLONS $4.92
30,001 AND GREATER $5.98
NON-RESIDENTIAL
NUMBER OF GALLONS CHARGE PER 1000 GALLONS
O TO 6,000 GALLONS $0.84
6,001 TO 12,000 GALLONS $1.05
12,001 TO 18,000 GALLONS $1.31
18,001 TO 24,000 GALLONS $1.97
24,001 TO 30,000 GALLONS $1.97
30,001 GALLONS AND GREATER $1.97
(2) Sewer.
(a) 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 $13.81
1-inch 34.53
1 1/2-inch 69.05
2-inch 110.48
3-inch 220.96
4-inch 345.25
6-inch 690.50
8-inch 1,104.80
10-inch 1.726.25
12-inch 3,452.50
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006296998.4
(b) 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 12,000 GALLONS $1.98
12,001 GALLONS AND GREATER $0.00
NON-RESIDENTIAL
NUMBER OF GALLONS CHARGE PER 1000 GALLONS
0 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 he 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 15 calendar days after the date of the billing. If the
15th day falls on a weekend or holiday on which City Hall is closed, then the due date shall he
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 be 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.
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
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006296998 4
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 he 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. Commencing on October 1, 2004 and each October 1 thereafter, the Base Facility
Charge and Volumetric (gallons) Charges for water service and sewer service set forth in
§173-(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.
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
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006.296998 4
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 16%
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 be 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 he 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.
§ 173-6.1. Applicability outside city limits.
Except as expressly set forth in this chapter, the provisions of this Chapter 173 shall be
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.
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006 296998 4
§ 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."
R. 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
applied as nearly as possible with uniformity to all consumers or prospective consumers within
the present or future service area.
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006.296998 a
§ 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,
which charges and expenses are not defrayed by its payment of water capital charges. Nothing
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006 296998 4
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 shall be 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 be calculated and imposed in the manner provided as
follows:
ESTABLISHMENT Unit Factor
RESIDENTIAL PROJECTS
Duplex (1-2 Bedrooms) Per Unit 0.833 I
Du ilex (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)
Multifamily, Efficiency (Less than Per Unit 0.500
500 sf)
Multifamily, (1 bedroom units) (See Per Unit 0.583 1
'Note 9)
(Multifamily, (2 bedroom units) (See Per Unit 0.833
INote 9)
(Multifamily, (3 or more bedroom Per Unit ', 1.000 ..
units) (See Note 9) 1
- --_-. �_ j` ------- - _
Single Family Residence Perer Unit 1.000 I
COMMERCIAL PROJECTS
Animal Kennels Per Kennel Run _ j 0.160
Auditorium Per Seat 0.017
Automotive Repair & Maintenance Per Repair Bay I 0.250 '
Bar/ Cocktail Lounge Per Seat I 0.067
Barber/Beauty Shop Per Operator Station 0.300
Bowling Alley Per Lane 0.330
Church Per Seat _ 0.017
Convenience Store (No Gas --- By FU I See FU
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006.296998 4
Pumps)
Table
I 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) 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
Nursing Home Per Bed — 0.417
Office Oesteurant Building(Cafeteria), to 3Service Per 1,000 SF, gross 0.334 1
( ) J Per Seat 0.100�
Restaurant, 24 hour I _ _ _ Per Seat_ 0.167 !
Restaurant, Fast Food F 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
15) �'1
'Service Station (See Note 6) 1 Per Toilet Room , 1.000 1
,:Service Station (See Note 6) _ Per Service Bay 1 1.000
'Service StationjSee Note 6) —.. Per Wash Bay 3.200 _
Theater _ Per Seat _ 1 0.010
Theater (Dinner) Per Seat 0.067
Trailer Park (overnight) _ Per Space _ ' 0.333
Warehouse Space (See Note 4) 1 By FU See FU
Table
Below
NOTES
1 Hotels and motels: add food service, banquet & meeting rooms, and self service laundries.
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006.296998 4
2. AddUnit food
service; does not include industrial waste flows which are calculated on Fixture)
'3. Office buildings: add food service and retail space.
4. Warehouses: add office space, food service, and retail pace.
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 engineers signed and sealed estimate of capacity usag,
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. Multi-family projects based upon units only; no additional capital charges for laundries, pool,
for management offices.
Capacity Demand Based Upon Fixture Units FU)
Type of Fixture Fixture . ERU
Units
COMMERCIAL PROJECTS (FU) Factor
Drains, condensate � _ _ 1.0 0.083
Drains, floor & fixtures not listed: 1 1/4 inch F - 1.0 0.083
_
, trapICI'IDrains, floor & fixtures not listed: 1 1/2 inch 2.0 0.167
:
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 trap 5.0 0.417
'Drains, floor & fixtures not listed: '4 inch trap 6.0 r 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) — - —
'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) — F 3.0 0.250
'Sink, compartmented (3) 1 - 4.0 _ 0.333J
Sink, flushing rim _ 8.0 0.667
,Sink, service (mop/janitor) I -I 3.0 _ 0.250
Sink, service ("p" trap) (Hand) - 2.0 _� 0.167
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006.296998.4
Sink, (pot, scullery, etc.)_ 4.0 0.333
Urinal 4.0 0.333
Washing Machine (Non coin Varies Varies
laundry) by drain size above _
Water Closet, public 6.0 0.500
RESIDENTIAL PROJECTS
(requiring lar e9 r� 5/8"meter)
rathroom 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 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 _
1. Continuous and semi-continuous flows (pumps, air conditioning systems, etc.) are 2.0 FU
per gallon per minute (gpm) of flow.
D. One (1) ERU shall have an assigned value of one (1.00). One (I) ERLJ is hereby
established and determined to he 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 4
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 be 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.
_22_
006.296998.0
§ 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 he maintained at the general office of the Ocoee water system.
B. The 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 4
require that the developer, in addition to the contribution formulas set forth herein, 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.
§ 173-15. 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 he 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 be required to pay the charge for
review of such plans as provided for in the Subsection A.
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006.296998.4
173-17. Meter installation tees.
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
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
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006.296998.4
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
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.
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006 296998 4
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
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.
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§ 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
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.
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006.296998.4
§ 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
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 be 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
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006.296998 4
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
capital charges. Nothing contained in this Chapter shall he 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-five
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
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)_ t
'Multifamily, Efficiency (Less than Per Unit 0.500
500 sf)
Multifamily, (1 bedroom units) (See Per Unit 0.583
Note 9)
Multifamily, (2 bedroom units) (See Per Unit 0.833
Note 9)
Multifamily, (3 or more bedroom Per Unit 1.000
units) (See Note 9) -Single Family Residence Per Unit 1.000
COMMERCIAL PROJECTS
Animal Kennels Per Kennel Run 0.160
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006 296998.4
Auditorium _ Per Seat I 0.017
Automotive Repair & Maintenance Per Repair Bay 0.250
Bar/ Cocktail Lounge Per Seat 0.067
Barber/Beauty Shop Per Operator Station _ 0.300
Bowling Alley Per Lane 0.330
Church Per Seat 0.017
Convenience Store (No Gas By FU See FU !!
Pumps) ' Table
Below
Dentist Office Per Dentist i 0.833
(Extended Care Facilities Per Efficiency 0.500
'..Hospital Per Bed _�. 0.833
!Hotel / Motel (See Note 1) _ Per Room 0.500
Hotel I 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) 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 t'
Nursing Home Per Bed 0.417 _
Office Building ( See Note 3) Per 1,000 SF, gross 0.334
Restaurant (Cafeteria), Full Service! Per Seat 0.100
Restaurant, 24 hour I Per Seat 0.167
Restaurant, Fast Food Per Seat 0.050
Retail Spaces By FU See FU
Table
Below
Nursery _ Per Student 0.025
Schools, Middle & High
Schools, Elementary & �
g Per Student 0.067
Self Service Gas Station (See Note Per Toilet Room 1.000
5)
Service Station (See Note 6) Per Per-- Toilet
Room Bay 1.000
Service Station See Note 6) Service
R Bay
� 1.000
Service Station (See Note 6) Per Wash Bay 3.200 _
Theater Per Seat 0.010
Theater (Dinner) Per Seat 0.067
Trailer Park (overnight) Per Space 0.333
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006296998 4
Warehouse Space (See Note 4) I By FU See FU
, Table
-_—_- _-- Below__
NOTES
'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'
rofessional en ineer'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 per each separate commercial establishment.
9. Multi-family projects based upon units only; no additional capital charges for laundries, pool,
or management offices.
Upon Fixture Units (FU)
CapacityDemand Based
Type of Fixture Fixture ERU
Units
COMMERCIAL PROJECTS (FU) - Factor
-
'Drains, condensate 1.0 1 0.083
Drains, floor & fixtures not listed: 1 1/4 inch 1.0 1 0.083
trap
Drains, floor & fixtures not listed: 1 1/2 inch 2.0 0.167
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 trap 5.0 0.417
:Drains, floor & fixtures not listed: 4 inch trap 6.0 0.500
Drinking Fountain -_ 0.5 j 0.042
Laundry Tray 2.0 I 0.167 1
Lavatory, large drain (greater than 2.0 0.167
1 1/4 inch trap)
Lavatory, small drain (1-1/4 inch 1.0 1 0.083
traPZ --_.. - --- -I
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006.296996 4
Showers (Re( head) 3.0 - 0.250
Sink, combination (food service) 3.0 0.250
Sink, combination (garbage grinder) 4.0 0.333
Sink, com artmented (2) 3.0 0.250
Sink, compartmented (3) 4.0 0.333
Sink, flushing rim 8.0 0.667
Sink, service (mop/janitor) 3.0 0.250
Sink, service ("p" trapL(Hand) 2.0 0.167
Sink, (pot, scullery, etc.) 4.0 0.333
Urinal 4.0 0.333
Washing Machine (Non coin Varies Varies
laundry) by drain size above
'Water Closet, public 6.0 ��. 0.500
RESIDENTIAL PROJECTS
(requiring lar er than 5/8" meter)
Bathroom Grou _ 6.0 0.500
(water closet,
-
lavw - - __— -- ---I atory.bathtub/sho er)
Bath, Half
� 4.0 0.333
Dishwasher 2.0 0.167
Drains (by drain size above ! Varies Varies
Lavatory _ _ . j 4.0 0.333
Shower Stall 3.0 0.250
Sink, kitchen 2.0 0.167
Sink, kitchen (garbage t 3.0 0.250
grinder/dishwasher)
Sink, laundry _ 2.0 - 0.167
Washer, clothes (by drain size, Varies Varies
above) ---_
NOTES
1. Continuous and semi-continuous flows (pumps, air conditioning systems, etc.) are 2.0 FU.,
per 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
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006296998.4
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
be 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).
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
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006 296998 4
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
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
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006 296996.4
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.
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 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 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
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 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 be designed to defray the actual cost of conducting such
inspections and testing.
§ 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
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006.296998 4
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.
B. 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
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 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
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)
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006 296998.4
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 madc 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
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
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006.296998.4
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 he 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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BLACKLINE JULY 23, 2003
BLACKLINED COPY SHOWING CHANGES BETWEEN THE PROPOSED REVISIONS
IN ORDINANCE NO. 2003-24, AS AMENDED, AND CURRENT CODE PROVISIONS.
EXHIBIT A
CHAPTER 173
WATER AND SEWERS
ARTICLE I, General Provisions
§ 173-1. Definitions. [Amended 6 16 1981 by Ord. No. 7710: 10 1983 by Ord. No.
773:-1.0 1 neo by Ord No oo :2]
The following words, phrases and terms shall have the following meanings:
COLLECTION FACILITIES -- The lines, pipes, mclers—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.
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 dialributionproduction 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.
EDER FDEP— The Florida Department of Environmental RegulationProtection, 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 be 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.
006.303291-1006
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PRIMARY INTERCEPTOR FORCE MAIN -- The transmission force main and appurtenant
equipment connecting the collection facilities to the treatment facilities.
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 residences. bun-Hess buildings, institatiktstrial
estahlishmeut.Residential and atherNIon-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 mat—be-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 tnay-be-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.
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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.
§ 173-2. Irrigation meter tap fee and capital charge. {Added 1 15 1985 by Ord. No.
801: amended 10 1 1988 by Ord. No. 88 3?{
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 shall be computed in the same manner as the meter
installation fee in § 173-1-7,-Fu-addition, customers installine an irrigation meter till pay an
additional watec--capital-charge-a.: established in § 173 11,17; provided that customers installing
a-single-live cightlas—or three Pomths inch,�r -residential irrigation meters of threes-fourth
inch or less shall be exempt from the additional +cuter capital charge.
173-3. Account deposit. O47 n Ord. at. 776.-9 17 1985 by Ord.
A. Each new consumer shall apply to the city for the initiation of water or sewer service
and shall provide such information as may be requested by the city on forms prepared for that
purpose. Such information may include the meter size, type of account (residential, cammerciat
or industrialResidential 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 he 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 (single family residence or individually owned unit in a multi unit
building):
Meter Type Water Deposit Sewer Deposit
3/4 inch x 5/8-inch
Owner of residence $ 60.00 $60.00
Renter of residence 80.00 80.00
I-inch 140.00 140.00
(2) Com -.erci and i d rn . ,es ti i r ,, .
residential buildings under-o+ne- 4-) owuershifrin:,+eh contain three (3) or more living unitsj:Non-
Residential;
006 303291,1006 3
.303291.1
Meter Type Water Deposit Sewer Deposit
-inch x 5/8 inch $120.00 $120.00
1-inch $300.00 $300.00
1 1/2-inch $450.00 $450.00
2-inch $520.00 $520.00
3-inch and larger To be determined by 1ltilit Director
C. The City Commission may, by resolution, provide for the accrual of interest on water
and sewer deposits and the timing and circumstances under which such interest will he paid to
consumers, the forfeiture of accrued interest on water and sewer deposits, the timing and
circumstances under which water and sewer deposits will he refunded to consumers and
interest thereon paid to consumers, the timing and circumstances under which water and sewer
deposits will be applied to the payment of any outstanding past due balances and such other
matters related to water and sewer deposits as the City Commission may determine.
§ 173-4. Charges and billing. 'Added-9-1-7 1985 by Ord. No:-84$amended 10 1 198g
by Ord. No. 88 32; 6 6 1989 by Ord. No. 89 1 I; 9 5 1989 by Ord. No. 89 2,1: 12 19 1989 by
Ord. No. 89 57; 8 18 1992 by Ord. No.-92-1-41
A. The following shall be the schedule of monthly rates and charges for water and sewer
service provided by the Citycity. 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.
-Amended 5 17-W.9-1-by4k4 No-n, Ne. 97 33; 12-1-1998 by Ord. No.
98 21; 10 2 2001 by Ord. No. 2001 28
(I) Water.
(a) Base facility charge (zero consumption), effective for all bills issued on
or after Januar)October 1, 1999.2003, without regard to the date of the
meter reading:
Meter Type Charge.charq�
5'8 3/4-inch $ 7.64
1-inch 19.10
1 1/2-inch 38.20
2-inch 61.1 P61.20
3-inch 122.24
4-inch 191.00
6-inch 382.00
8-inch 61 1.00611.20
10-inch 878.60786.00
12-inch 1642.60
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.303291.1
(b) Plus: volumetric-Volumetric (gallons) charges as fbllow, effective for all
hills issued on or after October 1, 2003, without regard to the date of the
meter reading:
II -fflective-October I, 2001, a charge-0-1W.51 per I.000 nallons
121 ,bee_ i 2002 f$0 w p i 00 ,
Effective Oeta, o o. -,-�,,�.,-ga,anst
}3{ Effective October 1,2003. 're-barge of$0.61 p r 1.000 gallons,
14i--£-fleetive October I, 2001.a charge-of-SO 61 per 1,000 gallons,
151 Elloc-rive-Oetoher 1, 2005. a charge of$0.68 per 1.000 gallons.
RESIDENTIAL
IVUM;3ELOP GALLONS CHARGE PE111000 GALLONS
0 TO-0_400 GALLONS
6,001 TO.:12,000 GALLONS - $11/1
124001 TO_18.000 GALLONS $1 3J
1.8,00)`TO 24,000 GALLONS
24,901 TOJO QQO.GALLONS $4.92
30 001 AND GREATER - $5.98
NON-RESIDENTIAL
NUMBER OF GALLONS _ CHARGE PER.:.1000 GALLONS
0 TO 6,000 GALLONS
¢,091_TO 12r000 GAL1 SONS $1.05
12,001 TQIS 000 GALLONS Slat
1&001 T024,000_GALLONS S1,97
24,001 TO 30,000 GALLONS $1.97
30 001 GALLONS AND.GREATER $1.97
(2) Sewer.
(a) Base facility charge (zero consumption), effective for all.bills issued on
or after October 1, 1991.2003, without regard to the date of the meter
reading:
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006.30329.1...,.1.006
.303291.1
Sire+>I� Meter Type (auehes) Charge
5/43/4-inch $ 13.81
1-inch 34.53
1 1/2 inch 69.05
2-inch-.....-.... 110.48
3-inch 220.96
4-inch 345.25
6-inch 690.50
8-inch 1,104.80
10-inch _..... 1.588 151,726.25
12-inch. . ... . . 2 969-1-53,452.50
(b) Plus: volumetrheVolumetric (gallons) charges as foIlewseffectivefor all
bills issued on or after October 1, 2003, without regard to the date of the
meter reading:
111 -F ltective-October L 2001a-charge-of$1.56 per I,000-gallens$
121 Eileen v e October k 2002 he ge-o-g-$1 65per 1.000 gallons;
{31 Effective October 2003 charge of$1.75 per-1 00 vinous;
ILL feet Oct
51— I ffoctive October I, 200 rn-e rirge of$1.97 per LOGO gallon:;:
provided that, for those residential consumer; with-a-tivt eighths i„elnocl..,;-the
:ewer service charge shall be calculated as the base flicility charge-pus the current charge per
1,000 gallons up to a maximum of 12.000 gallons.
RESIDENTIAL
NUMBER OF GALLONS CHARGE PER 1000 GALLONS
9 TO 12 000 GALLONS $1.98
12,_001 GALLONS AND GREATER $0,00
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303291_..1
NON-RESIDENTIAL
NUMBER OF GAJ J.ONS CHARGE PER 1000,9ALLONs
0 TO 12 000 GALLONS - $1.98
12,001.GAT.T ONS AND GREATER SL28
(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 15 calendar days after the date of the billing. If the
15th day 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. Conuumera
shall have live calendar-days from the due date to make payment 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 late fee
as provided in section I73-4(G)(2). If an account is two months or more in arrears, the
eityCity 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 ot=$24Lmust be paid. lithe service restoration is raquestod tiler 5:00 p.m. or
en a weekend. the service restoration chargecharges shall be $ V establi hed by resolution of the
City Commission. Restoration of service will require new deposits. If payment is made after
5:00p.-m. there will be no servicerestoration until the next business day, {Amended 9 20
499 1 b_- r„ T94 2111
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 he 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. {Amended 5 17 1991 by Ord. No. 91 I3}
D. Specific charges. The lbllowingCity Commission may establish by resolution specific
charges sballto be collected by the eityCity from each consumer under the circumstances set
firth bekwdescribed in such resolution.(I) Turn on Such specific charges may include but
shall not be limited to charges for the following: turnon/turnoff for customer cpn1Yetien ej
unauthorized connection penal fire hydrant meter deposit; tanker fill-up/bulk water charges-
tampering with meter or installation of unauthorized bypass; fire lines; and meter testily
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000303291,-1006 7
.303291.1
(a) —44egular business hews.
{I] Turnoff only: twenty dollars ($20.1.
=;aru(81 only: twenty do-Pars( ).
(b) Nonbur:net he -s:
I Turnoff only: thirty dollars ($30.).
{3{ Turn on only: thirty dollars ($30.).(2)1'nauthorizedunnauthorized connection penalty
(`etch occurrence): one thousand dollars ($I,000.).(3) Firc; fire hydrant meter deposit(por
meter): cix hundred dollar(41600.).(1) Tanker; tanker fill-up/bulk water cl.:vge.- c b.,o
thousand (I.(00) gallons]: one dollar($-l-.-14-5)- Tamperingcharges; tampering with meter
or installation of unauthorized bypass (each occurrence):
Size of Meter
(inches) Charge
Y,rx-ii8 -$-7 ,00
I 150.00
1 V. 250.00
•
2 500 ran
All others 1.000.00
(6) Fire lines (payable annually inadkance on October 1):
Size of line
(inches) Charge
4 $ 300.00
6 6(10.00
8 800.00
10 1.000.110(7) Mete); fire lines; and meter testing: ten dollars ($10d.
-8-
006 an on A006
303291 1
E. Nonsufficient funds or returned checks. The fee for checks returned to the city for
nonsufficient funds or uncollected funds shall be ftiieen-doll.-. '.($15.) per-eheekestablished 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 .et
fe0hproided in § 173-4B above.
F. Service-charges.
(IF. Commencing on October 1, 2004 and each October 1 thereafter, the Base Facility
charge and Volumetric (gallons) Service charges-(volumetric) for water service and sewer
service set forth in §173-4(A) above shall-be automatically adjusted for inerea;es and decrease-
in expenses to the city in electrical power. chemical-and-w.osale treatment-costs using the
following formula:increase by the greater of three_percernl (3%) or the nercentaee increase in
the Consumer Price Index as published by the U.S. Department of Labor Bureau of Labor
Statistics from January I to December 31 of the previous calendar year This jncrease will
apply to all bills issued after October 1 of each year without regard to the date of the meter
reading.
New rate-- - old rate -4(9<,of budget-for-power and chemical; and
wholesale rate x old rate x % Increase).
(2) Said adjustn:.,at'
City Manager-dee to increases or decreases in expenses. The-Giic Manager shall give the City
eh proposed adjustments at luirt-thirty (30) days prior to the
effective date thereof Such notice .hall also be set forth on all utility bills at least thirty (30) day-
prior to ih.. -effeetive-dateAhereof. Within said thirty day period from notice to the City
Commission-the City-Commission-nay, al its option, reject auy such adi.ut...-nts proposed by
die City Manager, in wktieh-ease-said-adjustments shall-not lake-effect and the service charge:
(volumetric) for water and sewer service shall remain unchanged.
G. Surcharge; late fee. [Added.( 2-I-1191 by Ord. No. 91 18 j
(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 he charged a fi e-dollar-late fee each month if there
is any outstanding balance due on the account live-f$?wodcirtgdays after the due
date. The city must have actually received the payment by 5.00-pill. on the due
date in order to avoid the late fee. Mailing prior to the late fee date will not he
sufficient. Late fees shall be established by resolution of the City Commission.
{Al d 9 20 1994 by Ord. No. 94 231
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006.303291-1006 9
.303291.1
44,
a due date or late fee date established pursuant to this scctiotrfalls o.rtracdcend or city
• ,,,e-city is open forbusiness. [Added 9
20 1991 by Ord.No. 91 23}
§ 1737-5. Reserved_ Impleme-- s -,,°-�� ad-charges. [Added 12 19 1989 by Ord. No. 89
571
— chile-e -tinunhly rater and charger-titr water and scwer service set forth in § 1711 4 of
this chapter shall apply retroactive to October 1. 1989. The method of crediting utility customer
accounts shall to administratively determined by the City Rlanagor
§ 173-5.1. Rates and charges for consumers outside city limits. {Added 5 17 1991 he
Ord No. 91 12; amended 7 17-2001 by-Ord. No. 2001 171
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 he 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 facilmes of the water or sewer system pursuant to this
chapter and shall fail to pay such bill Ity the due date, then the owner of such lot, tract or
property affected thereby shall he liable for such bill in the same manner as if issued to such
owner, and the city shall not be 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. {Added 5 7 1991 by Ord. No-"-„-04T
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
faro pay such bill, then the owner of such lot or arce mall 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 theany fees, rates or charges for the services and
facilities of the water or sewer system shall not he 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
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.303291.1
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 he 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 he 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.EN
§ 173-6.1. Applicability outside city limits. {Added 5 17 1991 by Ord. No. 91 13}
Except as expressly set forth in this chapter, the provisions of this Chapter 173 shall be
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 territorial-areas. [Added 5-17-1991 by ()rd. No.
94-13J
A. The eitvCity 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 February 11, 1991 (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 February II. 1994 (the `Sewer
Service Territorial Agreement"), respectively. The city-shall-not-provide water-+;efviec -nataide
wk -watci scn-rice territorial area established byas defined in the Water Service Territorial
Agreement shall constitute the city's "water service area." The sewer territorial area as
defined in the Serier SCrri,e Icrrinnual Agreement shall constitute the city's "sewer service
area."
B. The city shall not provide water service ouuide ui the water servtcc area established by
the Water Service Territorial Ageement, 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 cervicc territorial area water service area-are within the corporate limits of the city-
The .
C. The city shall- shall not provide sewer service outside of the sewer service territorial
area established by Mc ti: „er Serrice lernnit] A, r.cuteniarea 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 territorial- area-are within-ihe corporate limits o€-tbe c[v-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
-1 l-
006-303291.10.06 _.}. ...
.303291.1
compliance with the provisions of the Water Service Territorial Agreement and the Sewer
Service Territorial Agreement.
ARTICLE II, Water System Extension -Added v 21-1^v^ b_, 3rd. NNo, 7491
§ 173-7. Purpose. {Amended 10-4-1988 by Orel-Alo.-88424
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
applied as nearly as possible with uniformity to all consumers or prospective consumers within
the present or future service area.
173-8. Availability. }Amended-to-4-1988 by Ord. No. 88 32f
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 Water System Ala ner-Wen. Fxtensionxomprehensive
plan of the City of Ocoee, as may be amended from time to be undertaken shag-be-in
accordance with this chapter and in general conformity with the adopted Water Sy:tent-Master
h'lan.time.
173-9. Reserved Extension: o d e :e ^ _,_ ed 0-}-F988 by Ord. No.
88-32; 5-17-1994-by Ord. No.-04 I 31
Owners. builders or developers being potentiialcensttnter;, where the subject property-dies
outside the existing service arst of the city, may apply to the city for the-extension of water
distribution main; to said-property. ahe city shall not be obli;,ated to provide service outside it
exiting s rvke-area but may elect to-do-gaper-(c.„i.>-t,.,dea,,,,h1t,,,. .;;,,,a.,co-t6ose-contained
in this extension policy and such other policies a; Wray-from time to time be adopted by
resolution-_of-the-t- tCommission: provided. howsc..r, that the city natty require additional
capital charges should the ,ante-be-reasonably-required-in-order to maintain the same lovel of
c In:iaikty-then in effect within the existing service area.
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.303291,-1
§ 173-10. On-site facilities. {Amended 10 1 Is?�4�
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. Mein the event the cityN requirement for 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 .:uhjee-t-of-u refunding agreement as set
forth hereafter in this chapterdeveloper. 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. {-Ame•ti�.,�, -4-4' 988-4 Ord. No. 88 32. 3 6 1990 by
Ord. No. 90 0(,: S 'I 1991 by Ord. No. 91 17; 8 141 1992 by Ord. No. 92 191
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 &termination 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,
which charges and expenses are not defrayed by its payment of water capital charges. Nothing
contained in this Chapter shall he 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 feecharge or who have entered into an
agreement with the city providing credits against the water connection feecharge shall be
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.
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006,30329.1-J006 13
..303291.1
C. For the purpose of calculating and imposing the water capital charge, the ERU factor
for aany particular connection shall be calculated and imposed in the manner provided as
follows:
I stabtishtnent Unit factor
Residential
Si le family detached Per-dwellingrit 1.0
Duplex-(1 _ - i ig-unit 0.833
- Duplex (grunter than 2 bedrooms) Per dwelling unit 1.0
--Multifamily (efficiency) Per dwelling-unit (L5
Multifamily-El-t -bedroe n) Per dwelling-link- 8I
Multifamily (grottier than 2
-bedrooms) Per-dwelltngunit 1.0
Mobile home (1 to ) bedroom) Per dwelling unit 0.833
Mobile-home (greater" -2
bedrooms) Per dwelling unit 1.0
Commercial
Shopping center and Pa 1,000 square 0.5
-retail-ghopping feet grow
-feet-gre:c 0,5
Office building(add thu - -Per 1,000 square feet 0.4
service and retail space)
Auditorium Per scat 0.02
- Barbershopibcouty shop Per work station 0233
'[heater Per seat 0.02
-Dimh.r-theater--- Per seal 0.1
hailer park(cwernight) Per site 0.833
Dentietstoffrce ------ Per dentist 1.0
Per wut-ehair— Th667
Doctorsueffice — --Per doctor - I.0
-14-
006,303291.1006 14
.303291.1
I lospital Per bed 0.833
Nursing home Per bed 0.5
Automotive service and/or Per bay 1.0
detail facility
Automotive car.
Add Per wash bay 3.7
Add ----- -l—r public rest room 1.5
Convenicuce store' _..._Per-publierest-room 1.3
service gas pump.,
Inda.;trial/manulac1uring (not
including food service; not
including industrial waste)
- `A ithrnit shower„ Per 1,000 square feel W
With showers Per 1,000 square feet 1.25
Il.,tel, ,,,.,t,.l (dot i„cl..d;,L r-rru -- 0.5
tix>tf service. banquet and
meeting room.; and laundries
which are calculated—Warehouse Per re room 0.75
Per 1,000 square_, t 0
Grocery store--- Per 1.000 square fees 0.75
Food service:
Restaurant/cafeteria Per scat —A-1-
Restaurant(74 hour) Per scat 0,185
Restaurant (fact food)----- Per seat 0.1
Schools, middle and high Per siuden 0.075
Schools, elementary and nursery Per student 0.033
ESTABLISHMENT Factor
RESIDENTIAL PROJECTS
Duplex (1-2 Bedrooms) Per Unit 4$33
Duplex (for mo R cl ;nfrt4l Per Unit 1000
Mobile Home (1-2'Bedrooms) Per Unit 0.667
Mobile Home (3 or more Pet_u_n_it 0.833
bedrooms)
Multifamily: Efficiency (Less than Per Unit 0.500
500 sfl
Multifamilvi1 bedroom unitsL(See Pat
-. 0
Note 9) ee
Multifamily. (2 bedroom units) (Be Per Unit 0 833
-15-
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.303291.1
Multifamily, f3 or_mgr_e bedroom Per Unit j„QQQ
units) (See Note 91
Single Family Residence Per Unit 1.000
COMMERCIAL PROJECTS
Animal Kennels _ Per Kennel Run 0.160
Auditorium Per Seat 0 017
Automotive Repair& Maintenance Per Repair Bay Q2.5Q
Bar/ Cocktail Lounge per Seat 5 0.067
Barber/Reaaty Shop Per Operator Staljorl 0 30Q
Bowling Alley Per Lane 0.330
Church - Per Seat 0.01Z
Convenience Store (No Gas By FU Lee FU '
Pump.51 Table
Below
Dentist Office Per Dentist 0.833
Extended Care Facilities Per Efficiency 0.500
Hospital _. Periled 0.833
Hotel / Motel (See Note 11 Per Room 0.500
Hotel /Motel Suites. 1 Bedroom ft Unit 0 583
See Note 11
Hotel / Motel Suites. 2 Per Uoit 0.833
Bedrooms(See Note 1)
Hotel / Motel Suites. 3 e mor- Per Unit 1944
Bedrooms (See Note 11
industrial Buildingsi See Note 21 Per Employee a117
with showers
industrial Building&( See Note 21 Per Emolovee Q 50
without showers
ILandseaDe Irrigation Per 1.000 SF 0:125
:Laundry. Self Service _ Eer Mashing 1.333
edical Office (formerly: Doctor's Psr Doctor 1Qffioe)
Meeting & Banquet Rooms Per. at 0.017
------------------- ---
Nursi 'Home Per Bed 0.417
!Office Buildinaj See Note 31 Per 1.000 SF. gross 1
'Restaurant (Cafeteria)III Service Per Seat 0 100
Restaurant. 24 hour Per Seat 0 167
rEestautan.LEast Food Per Seat 0.050
Retail Soaces By FUJ $eeJQ!
Table
Below
Schools, Elementa & Nursery Per Student 0 025
Schools. Middle & High Per Student 0,067
Self Service Gas $tatIpn1see NOW Per Toilet Room 1.000
-16-
nnc n3294-1 Th 16
303291 1
5
ervice Station (See Note 61 Per Toilet:Room ] OQQ
Service tation'(See Note 6L 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
Trailer Park (overniahtl Per Space 0.333
41t a Space (See Note 41 B See FU
Below
NOTES
J. 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 Fitt ire
Unit (FU1 basis.
3. Office buildings: add food service and retail DS ace.
4. Warehou PE Mir' i e 4rhrP fir(_ a .ra A.(Zrs ail-SrlPra
pelf service gas stations: add Fixture Units (FUL
6. Service faasoline) Stations: add the total of EMI factors for MI service bays.wash bays (not'
recycled) and toilet rooms Automatically recycled vehiclewashing systArns -.re uire a
professional engineer's signed and Pal.cLe-timates rapacity usage,
7. See Fixture Unit (FUl calculations on FU Table below
6, Ocoee requires a minimum of 1_00 ER U per each separate commercial establishment
9. Multi-family oco'iect&based upon _units only: Qo additional capital charges far laundries pool
or management offices.
Capacity Demand Based . . Fixture Units-
Type of Fixture Fixture EBU
Units
COMMERCIAL PROJECTS (Fylr
Drains, condensate 1.Q ton
Drains floor&fixtures not listed: 1 1/4 inc
trap
prains. floor& fixtures not listed; 1 1/2 Ind) ,Q r__ . _
tag
Drains. floor & fixtures not listed: 2-inch trap r r
Prains. floor &fixtures not listed ? 1/2 inch 4S0 r
tree
Drains, floor &fixtures not listed: 3 inch trap 5.0 417
-17-
006 4,1291-14445 -
303291 1
rains, floor & fixtures not listed 4 inch trao 6;0 0.500
DrinkingF n i Q@ 0.042
Laund(yTr.y 2.9 9192
!await Ma(greater than 2,Q 0.167
1=114 inch trap)
J.avatory small drain (1-1/4 inch I q 98
trap) __
Showers r h eeath 3.0 0.250
Sink, combination (food service) 3.4 0250
Sink combination (aer�age grinder) 44 0.333
Sink, compartmented (2) 3.Q 0.250
Sin compartmented jai 4 4 0.333
Sins, flush no rim 8.0 Q 667
$in service (moo/iianitgr) 3.0 0.250
Sink, service ("D" trap) (Hand) 2,9 0.167
Sink,(pot. scullery, etc.) 4.0 0 333
Urinal 4.0 0.333 i
Washing Machina (Non coin Varies Varies
laundry) by drain size above
Water Closet. public ID 0.500
RESIDENTIAL PROJECTS
frequirina larger than 5/8" meter)
L
Bathroom Group 5A 0,500
iwater closet.
lavatory bathtub/shower)
Bath, Half 4,0 0.333
11ishwa5bPr i 2.4 0.167
Drains (by drain size above) r
I Varies Varies
Lavat nt 44 0.333
Shower Stall F i0 0.250
ink lin 29 0.167
Sink. kitchenlgarbage 3-0 0 25
grinder/dishwasher)
Sink,laundry 2.4 0 167
------------------ - -
WaatilLatopja(kt giLoiriske, Varies ri
above)
NOTES
_ L-_ 1
,1 Continuous and semi-continuous flows (pumps air conditioning systems, etc.) are 2 0 FU
-18-
00673.30329- .'005 1$
303291.1
Iper aallon per minute (anmLofilow,
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 Recharge 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
dividing that numerator by three hundred (300) GPD/ERU, provided, however, all such
establishments shall have a minimum ERU value of one (Low.
"fhe water eapite; eliern -1 ^
F. The water capital charge shall be paid prior to the is3.,hn rexecution by the buikkng
Ic pit--persuant to § 51 21city of the Oecec Codc of Ordimrces.FDEP construction
application, but in no event later than the issuance of the buildingpermit.
IG. 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 City
EngineerDirector to support a requested decrease in the total equivalent
residential unit value. The City EnghrcerDirector 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 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 City EngineerDirector for review. The City
linginacrDirector 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 he 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. - -
173-12. Obligations of city. {Amended 10 11988 by Ord. No. 88 32}
-19-
1-9
00&30329-1-J006
.303291.1
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. The 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 forwaterfor 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 he 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 all 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
require that the developer, in addition to the contribution formulas set forth herein, bear the
cost of the preparation of developer agreements by independent counsel or persons qualified to
006.36329 1.1006 2-0
.303291.1
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 such 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 he
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 ;anitarycivil engineering, covering the
design of a developer's on-site water distribution system and any off-site facilities which may
be re uir bythe city; provided, however, that each such design shall be fully subject to the
approval of the city's eng1neerDirector 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. Than 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..he 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 maybe 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.
§ 173-17 Meter installation fees. f.
A. Ocoee will charge to each prospective consumer requesting water service a meter
installation fee Jet. Barth-in the schedu1eke1Nu-to defray the city's cost of the meter and meter
appurtenances and the cost of installation and related administrative and overhead costs. Such
meter installation fee shall be in accordance with the meter installation fee schedule established
-21-
21
006-3032941-006
.303291.1
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. This is
proscnt :nco r,orated i;to ati,ionneetion Its for residential connections.
B. Ice schedule, hi -scheddule estahli_hetl.., ,ni.t;r,rum tzcMeterInstallation Fees, Meter
installation fees as adopted by resolution of the City Commission_ are minimum fees and
ussame.assume that the consumer's facility is ready for a meter set. The cityDirector may
assess such other fees as necessary to recover the cost of meter installation.
Meter Sizc
(inehes) Pee.
5/8 or; (angle-residential size) S 100.00
1__ .-200.00
I—?50.00
v3rnnn
2 (bronze case) 900-.00
3 (bronze casa) — - -13-54.00
ease) 2,200.00
6 (bronze case) 5,100.00
8 (cast iron) 7,100.00
!n ca,'st-iron) 97500-00
§ 173-18. Inspection fees. {Ank ,ded 10-4-1988 by Ord. No. 88 7,2f
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 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 twethree percent (23%) 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.
-22-
006:303'r91,1006 22
30329 L 1
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 shall, 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 he 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
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
criteriaestabhahedcriteria 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. -Amexxled 10 1 I-9R& by Ord. No.
88 32: 9 5 19&9-by-Qrtl-P:o. 89 211
A. The city-tray—require, in addrtmn Lu he c.miu-ibuuu.au 1 {f)Vi-+-av-, ,et -lurdt hcrcin.a
refundable advance by the develep r to further temporarily defray the coot of any There are
properties within the city's water service area where the city oes 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. As set forth
elsewhen,Nothing in this ext€ 1 is1rpolioy,4he-devekoperChapter shall always-be-responsible for
his hydraulic share of the cost of be construed to require the city to extend any spch off-site
facilities, as determined by the city. 1lownscr, this-ex-tension-milky recognize;-instances in which
23
006.303291.1006
.303291,1
to_.a developer may be required to advance the hydraxulic•-shag
pmpestwirrordcr that off site facilities may-be-constructed to a..rve the deseloper'sde_veloper's
property and at the same tun be sire�> rdance with the t tty-A=ntcr Sv a ni
All amounts expended by the devek per over andatbove
r
.;ite facilities, as determined by the city-shatl-be-itfunded to the developer only if a refund
agreement-is-entefe4pr to_ enter into with-the city prior tothe connection of the developer'
rope-Ay-with-the-then terminus of the Ocoee water system. Such refund shall be in accordance
nd • "s r - a refunding agreement which the cif ill e ec .ate.; „a.,r
reimbursement agreement should a developer. The refund agreement shall provide for a plan of
re,° "' at ed ",*+-- + ._,�,••� ' �r-of of er properties, or others elect to the extent of their
hydraulic share, which properties-shall be rorvca ' . � e_ _ by the
developer. The agreement shall also provide for a credit-to the developer against water capital
charges for improvements to the primary-water main. Notwithstanding the provisions of thi:
aection, the-city may limit the life ofundertake any such refund agreement to aterm of not more
than
term: and conditions of-the -. ,d--ag alitent will have hp,., -e,.d-tit,.. ,.fn, steahrt..l,. .el
agreement-will be canceled. In no e per-recover an amount greater than the
da}2rcnce-between the capitalized cost of such off site improvemen :r.n.,d-t,e' ' veloper's own
hydraulic share of such improvements. -I Inc city shall not include any interest upon t•e-refnnd of
u developer's advaneeextension.
B. When a developer seeks water service for property for which the city does not have in
place the off-site water infrastructure facilities necessaryto connect such property to the city
water system, the city may require, in addition tut the coutuhution provisions set forth herein,
that the developer pay (without any credits against the ap lilicable 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 Cuy tivrater 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
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.
43. AD. 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 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 Maser Plan. The city may accept or reject any such
proposed refunding agreement. If the city elects to accept such a refunding agreement, it shall
-24-
24
004303291.1006
303291.1
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 followin ads the minimum
provlslwns thereof: (i) The developer shall always he responsible for his hydraulic share of t to
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 refundedto 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 Nam. the
connection of other properties, to the extent of their hydraulic share which properties shall by
served by the off site facilities installed by the developer; (iv) The city may limite life of
such refund agreement m a term ofnot 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 wille
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 sue facilities, the city shall be
reimbursed in full before any payment is made to the developer; (vui) The refunding
agreement shall contain a sketch or legal description of the benefited properties; and (ix) The
refunding agreement shall be recorded m the public records of Orange County, Florida. If the
city enters into a refunding agreement as aforesaid Shen 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 proportionportion of the costs of such off-site
facilities based upon-its-or 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.-l-f-4he ' - , .en
the-payment sha he made to a d retained b . n
§ 173-21. Connection water capital charge adjustment; escalation. [Amended 101
11988 by Ord. No. 88 32 g-18-1992 by Ord No-92-141
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
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
RegulationProtection 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
1ngineerintiNew.Engineering News Record (ENR) Construction Cost Index as established on
January 1of each year. The water capital charges shall he automatically adjusted annually by
the percentage change in the ENR Construction Cost Index as_established on January 1 of each
year.
-25-
006.303291.1006 25
303291.1
§ 173-21.1. Water capital charges for consumers outside city limits. {Added 5 17 1991
by Ord. No. 91 131
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 twenty f:.c percent (25%) of such water
e-apital cha gethat surcharge established ini173.5.1 above.
§ 173-22. Availability of copies of policy.
Copies of this extension policy shall he maintained at the Ocoee water systems 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{Added 10 1-4988 by Ord. No. RA 721
§ 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
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 Sewer
System Master Plan. Extensions to be undertaken shall >e in aecioudence with this chapter and in
general conformity withcomprchensiveplan of the adopted Sewer System Ma.;ter Plan_City of
Ocoee, as may he amended from time to time.
-2t5
006.34329t006 26
.303291.1
Owners. builders or -developers King potential consumers, °-lies
.n t,dezhe existing-service area of the city, may apply to the citygbr the extension of sewer linos
to said property. The city stud- ' provide service* ''_ - •
but may elect to do-iT-tt,e+-Lnrs-a+, ;editions-similar to those contained in this extension
policy and sech other policies as may from time to time he adopt
Ceitimiseistpiiweided,howtver, that the city may rr.quife-tu,d,,, e nal capital charges should the
• • ,v ly required in order to maintain the sank, level of economic feasibility then in
effect within the oxisting service area.
§ 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 be 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,
pumprpump stations, valves and all appurtenances as shown upon the approved design of such
sewer system.
C. Thcln the event the city-reg cement-fork requires the installation of oversized lines or
facilities designed to provide service for other properties then the city shall pay for the cost of
suchsiversizing by means of a direct cashhpayment by the city to the developer or a credit
against water capital charges otherwise to be paid by the subject of a refunding agrcem nt-as set
f -hercafter in this chaptei_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. Amended 6 1990 by Ord. No. 90 06: 6 9 1991 by
91 12. 8 1 o 1 nm r,.f�. No.-)2
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
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006.303291.1006 27
.303291 1
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
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 erritory
B. A sewer capital charge is hereby established at two thousand eight hundred sixty-five
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 aany particular connection shall be calculated and imposed in the manner provided_as
follows:
I Ccmbl i shmein-Unit- Factor
Single family detached--- Pe- t 1.0
Duplex (1 to 2 b droom) Per dwellinf, unit 0.8:13
—Duplex (graver than 2 bedrooms) Per dwelling unit 1.0
Multifamily(efficiency) Per dwelling unit 0.5
Multilamilyfi-to 2 bedroom) Per dwelling unit 0.813
MultihMuily(greus than 2 Per dwelling unit 1.0
Mobile home H-to-2-bedroemns) Per dwelling unit --482.3
Mobile home(greater than 2 Per dwelling unit 1.0
bedrooms
-28-
006,0329-1-.-1006 28
.303291.1
Commercial
-84,6peiag Per 1,000 square t1.5
retail shopping
Office building (add food Per I,000 square Lot 0.4
service and retail .,pae-e)
Auditorium Per :cat 0.02
Laundry, self s.rvic, Per machine 1.1
-Barbershop/beauty shop Pcgwork station 0.333
Bowling alley Per lane 0.333
Thcut, r Kr seat 0.02
Dinner theater Per seat - 0.1
Trailer park (o tn,ight Per site - 0.833
Dentists' office Per dentist LO
—Per wet chair 0.64;7
Doctors' office Per doctor I.0
I loepital Pawed 0.833
Nursins home Per bed 0.5
Automotive service andlor Per-hay 1.0
aetai i
Automotive car„
Add P<;..Rn',i v 3.2
Add Per public rest room 1.5
Convenience ❑tore! Per public r.at room -44
self:erkieo symmps
Indastrial/nanufactugingBlot
- including rood service: not
i ncludinolustrial-waste)
Without showers Per k000square-feet 0.4
With showers Per I,000 square feet- 1.75
Hotel, motel (not including Per room 0.5
food xiroice, banquet. and
meeting rooms and-laundries)
Church Kr seat 0.02
Warehouse Per rest room 0.75
Per 1.000 square feet 0.2
Grocery store Per I,000 square feet 0.75
Restaurant/cafeteria Per seat 0.1
Restaurant(2[1 hour) Per scat 0.185
Restaurant-(fast-food) Per seat 0.1
—Bea riesektriLlounge Per seat 0.1
Schools, middle and high Per student 0.075
Schools. .I.mefarv-and-nor:env Per student 0.033
ESTABLISHMENT 1 Unit Factor 1
_29_
29
006,303291,1006
3032911 ---
RESIDENTIAL PROJECTS
DUDlex (1-2 Bedroomsl — Per Unit DMA
Duolex,.(Sor more Bedrooms), Per Unit .IL 0Q
Mobile Home (1-2 Bedrooms) Per Unit 0.667
Mobile Home (3 or more pal ps
bodrodmsl
ultifamily. Efficiencv (Less tha Per Unit Q 5Q4
500 sfl
Multifamiv..(1 bedroom units) (See Pam' 0.583
Note 91
ultifamily. (2 bedroom units) (See Per Unit
9to 9)
Multifamily. (3 or more bedroom Per Unit 1 000
(nits) (See Nott9)
Single Family Residence Per Unit 1 OOQ
COMMERCIAL PROJECTS
nine) Kennels Per Kennel Run 0 160
Auditorium Per Seat- 0.017
Automotive Repair& Maintenance Per Repair Bay 0250
Bar/Cocktail Lounge Per Seat 0.067
Barber/Beauty Shop • - •S . - . . '•1 0.300
Church LOU
Convenience Store (No Gas B See FU
Pumas) Iabl
Below
Dontist Office _ Per entist 0.633
Extended Care Facilities Per Efficiency 0.500
Hospital Per Bed 0.833
Hotel /Motel (See Note 11 Per Room o 0.500
Hotel /Motel Suites. 1 Bedroom Per Unit 0.563
fSee Note 11
Hotel /Motel Suites. 2 peL _pjt 0.833
Bedrooms(See Note 11
Hotel / Motel Suites. 3 or more Per Unit 1.000
Bedrooms (See Note 11
Industrial Buildings ( See Note 2) Per Employee 0 1
with shovers
industrial Bili1dinos_1See Note 2) Per EmDlovee 0.050
without showers
Landscape Irrigation Per 1.000 SF 0.125
-30-
006.3032a—i91.'006 30
303291.1
Laundry. Self ServicePer thine 1.333
Jvledinal Offiee(formed : Dgctor'E Per Doctor.
Office)
-
MeetingA B.nauet Rooms Per Seat 0..017
Nursing Home Per Bed 0....417
Office Building ( See Note 3) Per 1 0001SF Dross 0.334
RestaurantlCafeteria), Full Servire Per Seat:: 0J00
ftestaurant_4 hour Per Seat co 0.167
Restaurant Fast feed Pet_Seat ',.: 0 050
Retail Spaces BVI See FU
DWI
@elow
Alsipc_ urntaryRNir. Pry PerSt&-,0t 0.025
Schools. Middle & High Per Student 0.067
§elf Service SasStationlSeeNote P,grToiletRoont 1.000
5)
Service Station (See Note 61 Per Toilet Room 1.000
Servi a Station (See Note 61 Per Service Bay 1.000
Service Statical l$-ej4o ej — Per WashBay 3.200
Theater Per Seat 0.010
Theater (Dinner) Per Seat 0.067
Trailer Park (overnight) PerSDace 0.333
Warehouse Space (See Note 4) g U See FU
Table
mow
NOTES
1. Hotels and motels: add food service banquet & meeting rooms, and self service laundries
2. Add food service; does n t inglgd industrj l w ste flows which ar al let d on Fixt �e
Unit(FU) basis.
3. Office buildings: adi fggd service and retail Space.
4. Warehouses: add of ice sbace food service and retail space __
5 Self service gas stations: add Fixture Units (FU)
6. Service)gasoline) Slattern] add the total of ERU factors for all service bays.wash hays (nnt
recycled) and toilet rooms Automatically recycled vehicle washing systems reduire 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_oer each seoarate commercial establishment
9. Multi-family groiects based upon units only no additional capital charges for laundries pool.
or management offices
Capacity Deman Based Uoon Fixture Units FVA
-31-
@O6 9ce 3O32 i }
303291..1
Type of Fixture Fixture EMI'
Units
COMMERCIAL PROJECTS (F!il Factor
Drains,ondensate SQ
Drains: floor &lfjxturesnot listed; 1 1/4 inch ii) Q;Q63
traQ
Drains. floor&fixtures not listed: 1J[2inch LQ Zia
trap_
Drains. floor &fixtures not listed' 2 inch trap 10 0.250
Drains.-fleor& fixtures not listed. 2 1/2 inch SQ azaa
tea
grains. floor& fixtures not listed: 3 inch trap 5.,Q 2,417
Drains. floor &fixtures not listed' 4 inch trap ¢,Q 0.500
Drinkina'Fountain 0.5 2Q42
I atindry Tray 2.9 0 167
i ayatgrv,jarae drain (greater than - 2,12 0.167
1-1/4 inch trap)
Lvatory small drain (1-1/4 inch 12 0.083
trap)
Showers (oer head) 3,4 0.250
',iv rcwlhjo n, oar♦ end et _ 3,Q 0.250
Sink. combination a aae grinder) i 4.0 0.333
Sink. comoartrneoted 121 3.0 0.250
Sink. compartmented (31 441 0.
-113
iNS�na rim as 0.667
Sink. service (moofanitorl 3.0 0.250
Sink service CD" trap) (Handl 2,4 0.167
Sink. foot. scullery. etc.) 4.Q Qui
Urinal 4 Q 0.333
Wash ❑a Machine (Non coin Varies Varies
Water Closet public 6,Q Q5QQ
RESIDENTIAL PROJECTS
r freauiring_laraer than 5/8" meter)
Bathroom Group 6.D 0.500
fwater closet.
Javatorv,bathtub/showerl
Path. It 1f
—--- 4.4 4.333
-32
4.2�1 - u_i 006 32
M
303291.1
Dishwasher
24 0.167
Drains (bv drain size above) Varies Vanes
i ayatory 4 Q 0.333
Shower Stall S,Q,' 42.511:
Sink. kitchen an 0.167
,$ink: 1(j ten (aarhaae 2222
grinder/dishwasher)
Sink. laundry 7 Q U.18Z
iNotter clothes(bv drain size. Varies Varies,
pbovel
NOTES
1. Continu.ag and semi-continuous flows (Dumps, air conditioning systems.:etctare Zan
per aallan Der minute (aoml 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 feecharge 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
be 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).
F.
F. The sewer capital charge shall charge shall he paid prior to the iss'" sexencuntion by
the building permit pursuant to § 51 21c11y of the Ocoee Code of Ordinances.FDEP sewer
construction application but in no event later than the issuance of the building permit,
FG. 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 City
EngineerDirector to support a requested decrease in the total equivalent
residential unit value. The City I nginecrDirecmr 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
33-
One 0329 1006 �q
3
303291.1
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 City EngineerDirector for review. The City
?ngincerDirector 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
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.
-34-
34
006.303291-1006
.303291.1
An owner, builder or developer may he 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 such 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 he 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 scivil engineering, covering the
design of a developer's on-site sewer system and any off-site improvements which may he
required by the city; provided, however, that each such design shall be fully subject to the
approval of the city's errg+„ce.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. Th„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 approver] bye City
Commission. All designs of sewer 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 developer's on-site sewer
system and any off-site improvements 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
-35-
006.30329k-.-1006 35_
303291,1
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
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 twothree percent (23%) 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 be designed to defray the actual cost of conducting such
inspections and testing.
§ 173-35. Transfer of contributed property; hills 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 azy required off site facilities shall, prior to
interconnection with the city's existing facilities shaft, 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.
B. 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
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00691.1006 36
432
.303291 1
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 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. , ^me.ded 9-5 1989 by Ord. No. 88 21}
A. The city may require. in additionto the contribution ptiwisions let—t:Mrl h herein. t
rc -•'••" • • '-ance " There are properties within the city s sewer service area where the
city does not have in place the oft site sewer infrastructure lines and facilities necessary to
connect_a developer to further temporarily Lino the coat of any'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 's property with the cif sewer system
and the primary interceptor force main in compliance with the City Sewer System Master
Plan. 'Ile developerNothing in this Chapter shall always be responsible for his proportionate
;hare of the cost of be construed to require the city to extend any such facilities. as determined
a ,
-•"�_ • l 'thepropoH;.sftsha, z,etdleahle-4o
that oft site lines and facilities may be constructed-to-.verve the developer 'to a developer's
property and at the same time be sized in accordance with the City Sewer System Master Plan.
All amounts expended b r - eve _ _._. _.._
facilities, as detcnnined by the shall be refund d to ..,,.
> .;. ' •� r sn.T.ror t4_enter into a
refundrefundiing agreement I:; entered into withthe city prior to the comtecUon-ef-lte developer'•
property with the pfm'ary interceptor Wtco main. Such refund shall he in accordance with the
terms and conditionerf refundingor reimbursement agreement which the city will execute with
the developer he refund n.e current chalkshould 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 ' • -
pro� e ,; •,. the e f t sir pro - ,�,... ", service for_other properties-will-be
served by the f tciliticc instilled by the developer. The agreement shall al'e provide for a credit to
the developer against sewer capital charges for improvements to the primary interceptor force
main. Notwithstanding-the provisions of this section. the city may limit the life of such refund
agreement to a term of not more than seven (-7-dyears_after which time any portion of the refund
nut made to the-developer-to the terms and conditionsof the-refund agreement will have lapsed.
mad ther after such refund agreement will be canceled. In nu event shall a developer recover-an
amount grcnter- ham-time-difference between the capitalized cost of suchimprovements and the
developer's-own proportionate share of, in which case the city shall be responsible for the cost
of any such iamprerements The city shall not include any-interest upon the refund of a
developer's aivanee:Aersiaed lines or facilities to the extent and in the manner for in
§173-27 hereof.
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7
006.303291.1°CA
.303291.1
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 prover y to
the city sewer system the city may require, in addtion to the conni hution provisions set forth
herein, that the developer pay (without any credits against the applicable sewer c 'ail 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 itspriuiary inteiLephh time• main in
compliance with the City Sewer System Master Planubject_to the provisions of173-27 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 Imes 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 proposedagreement 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 ac eptableto the city inns discretion,
t3. All As another alternative to the developer's payment of the entire cost of extension
of such oft 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_tuce
main in with the City_Sewer_System Master Plan. The cam 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: (fi The developer shall always be responsible for
his proportionate share of the cost. of such lines and facilities,ides, as determined by the city (HI
All amounts expended by the developer over and above the developer's proportionate share for
facilities, as determined by the city shal_t_be refunded to the developer only if a refund
agreement is entered into with the city prior to the connection of the developer's proper y with
the primary interceptor force main; (iii) The refund agreement shall..provide fora plan of
refund based upon the connection of other properties to the extent of their proportionate char,
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 toth_developer by the terms and conditions of the
refund agreement will have lapsed, and thereaftersuch refund agreement will be canceled; (v)
In no event shall adeveloper recover an amount greater than the difference between the
capitalized cost of such improvements and the developer's own proportionate share of_ iiicch
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 any payment is.made to the developer- The refunding
agreement shall contain a sketch or legal description o_f_the benefited_2overtes; and (ix he
minding agreement sliall be recorded in the public records of Orange County, Florida. If the
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006. 29 h3O }006 38
.303291.1
city enters into a refundi� 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.1° •
,
the-eests-of-sttell-hreil14-1esthenThe-pwsrinenTsly
§ 173-37. Sewer capital charge escalation. {_'upended 4 18 1992 by Ord.No. 92 19}
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 RceulationProtection 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. {Added 5 17 1994
by Ord. No. 9' 13}
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 twenty five percent (25%)of such sewer
capitd-4-1...,�,that surcharge established in §173-5.1 above.
9
006.303291.1006 39
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ORDINANCE NO. 2003-25
AN ORDINANCE OF THE CITY OF OCOEE, FLORIDA
AMENDING CHAPTER 174 OF THE CODE OF
ORDINANCES OF THE 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 I. Anthnrity. .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. Cndifieatinu. 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. Severability. 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. Effertive 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 Vandergrift, Mayor
(SEAL)
ADVERTISED , 2003
READ FIRST TIME , 2003
READ SECOND TIME
2003
READ THIRD 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 processing billings_
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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006.300476.1
N N RESIDENTIAL Commercial, industrial office, warehouse and/or institutional uses,
whether master me�dor individually metered, and/or multi-family residential units that are
master metered.
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-wastewater--treatment-plant,
which effduem-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 plant.
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 Side or multi-t:1mily_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 tense-service-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 he 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 public. -commercials office, industrial; ware ou ing--and/or-multifamily
uses) Non Residential users) and/op multi-fm_ily_units, whether individually 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 constructed 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 he 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-Class-A
unit or within 1;000 feet of-a Class AM orElass-B-rmtt.
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-Reclaimed water user classification
"There—is-hereby-established-a-unifortn classification of water fuser_ as follows:
A. ..._ - n DDe4ac
- ae„-,�-.�a.c ie single family residential-units—A4etef-required.
B. Class AM, Multifamily residential faeilities. Master meter required.
C Class B - Office--eommercial, public—industrial--and. _..a. ,,.
tacilitie.,. 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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006.300476.1
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 the 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_foregoing app ie_only to the reconnection of
reclaimed water service. Reconnection of water or sewer service is eoverned by the
per visions of Chapter 173 of the Code of Ordinances for the City of Ocoee.
§ 174-10. Billing and collection of fees.
A. The reclaimed water fees and charges shall be billed and collected with the monthly
utility hill for those properties utilizing City utilities. The reclaimed water fees and
charges shall he 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 he rendered monthly and shall be
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 hill. 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 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.
§ 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-max-imum-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
Watcr System, dated May 10, 1994, as revised Septeir.,er-2O0^0l—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 be 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
rks 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 he deemed evidence of the presence of violation of the policies and
regulations adopted herein.
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006.300476.1
C. Inspections shall he 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-and-variances.
Exemptions-and-variances shall he 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 he 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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future residents of the project will he unable to purchase and maintain the necessary in-
ground irrigation equipment.
C. Reuse service not feasible. If the City Commission determines that it is not feasible or
not in the best interests_DI the City to extend transmission lines to serve a proposed
development, then the City Commission may exempt such development from the
requirement to construct reclaimed water distribution mains and from the requirement
that homes lots and parcels within such development connect to the City's reuse
system. Under such circumstances. the City Commission may require as a condition for
such exemption that a payment be made to the City in lieu of its construction of
reclaimed water distribution mains.
§ 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 three percent (370 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 1ltilitiesWorks Department
May 10, 1994, as-revised September2,001-June2001
TABLE OF CONTENTS
SECTION PAC!:
1.0 INTRODUCTION
1.1 Background 3
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 6
3.3 Availability of Service 6
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 A
3.7 Customers System - Single Dwelling Units(Class A)Residential g
3.8 Customers System -Public, Commercial, Office. Non-Residential
lndustriallWerehe nt.-Multi-Family.
---Developments(Gass-AM) 8
3.9 Backllow Prevention 9
3.9.1 n e Residential
3.9.2 Matti-4-amity4evelo inents-(Glass-AM)_Non-Residential
3-9 3 Puhhc, Cu}mHerc1ali-Office. Industrial (Class-13) ---10
3.10 Property Service Connection 1-0
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3.11 Discontinuance of Service by Customer 10
3.12 Service Not Guaranteed 40
4.0 APPLICATION FOR RECLAIMED WATER SERVICE �}
4.1 The Distribution System 14
4.2 Application for Reclaimed Water Service, Class AM Non-Residential
and Class 13 Customers ----- ------ ----1-I
4.3 Application for Reclaimed Water Service, Gars A Residential
Customer- - 12
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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 ornamennl uses such as fount• •• - ' s.
1.2 Benefits.
The benefits to be derived from the success of this program are 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
Planter emajor-trumnent-pneesses-aHhe-plant-include se onda , d by dual
media filtration and high level disinfection or effluent_purchased from other 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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2.0 DEFINITIONS
2.1 General.
The following definitions of titles, terms and system components, as
well as definitions included in Chapter 174 of the City 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 be 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.
Backflow 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-- C®sterner Class- B-shrill menu-al-l-p-uhlic ommereial.
offieeAridustrialtwareheusmg -Customer-C-Ias -A shall mean all-multi family-developments.
Customer Class A -Shall mean all single 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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006.300476.1
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 pubiccommercial, office-Non-Residential
and Residential customers shall be metered.
Non-Residential - Commercial, industrial/warehousing, office, warehouse and/orinstitutional
uses, whether master metered or individually metered; and/or multi-family residential units
and single-fhiney-homes customers-shall-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 he 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.
- reclaimed-To the extent permitted by, law, reclaimed water service may be
provided to properties located outside of the City but, within the--boundaries-in accordance
with resolutions as may be adople hyAhe City Commission of the City's-Utility-Service Area;
on a-second-priority-basis. At-the-City s option and convenience, service to such-properties
strategically located-along--trims-mission-main routes may -provided-on-a first prioritybasis
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-Unless exempt from connection pursuant to Section 174-20
of the Code, connection to the system is required for all public, ew^w�..reeialt office,
industrial/warehousing.-multi-family development Residential and single 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 he
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.,
commercial. -multi-family;etc Residential_or Non-Residential) and for such a limited time
period as determined necessary by the Director of Public-Utilities-to serve and protect the
public interest. In making such determinations, the Director of Public Utilities shall consider,
among other things, the following factors:
a. Whether city-wide reuse irrigation utilization is high;
h. Whether such irrigation would not he 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-Units (Class A)-Rcsidential.
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 -- Pah}4e om+aarcial. Oltieerhxlustrial/Warchousi.
(Class R)awl Multi-Family Developments((lass AM) Non-Residential.
The customer's on-site system for these—types -of-Non-Residential
development may he 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-Non Residential developments permits or causes vehicles to be washed on the
property, a special area shall be set aside for that purpose and it shall be 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 properly in accordance with FDEP regulation 17-
555.360 and the City's adopted "Manual of Cross Connection Control." The City will install
appropriate backflow prevention devices on single family potable service connections when
reclaimed water is delivered to the property. The following summarizes Section Il, 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-Al.
Backflow prevention assemblies or devices will be required on all single-
family recteimed potable water services where reuse services are provided. The homeowner
will he required to maintain the backflow prevention assembly (RPBA) in these situations.
Where-n-hat4 low-pieventioirassembly-has-been-installed onan--irrigation service connection
to-Me-potable water-system,-that--assembly may-be-eliminated-by -City pe.-soamel-tor-City
Contractor) when-the-reclaimed :ystem-replaces the potable service-conneetion--The degree of
hazard-e€-the cxi.tine irrigation system will-be--a-determining--factor-in-deciding-whether the
assembly mutt remain on the irrigation system to the-reclaimed-serviceconnection.-The
homeowner—will be rectuircd to-maintain-the-assembly-io-these situations.-If-the assembly-is
eliminated it remains the-property-ef the homeowner
3 9 2-Multi-Family Developments (Class AM).-
3 9.2 _Non_Reside-nt ial.
Backflow prevention assemblies will be required on all multi 'amity
reclaimed tigatimrservic€-connections. Where-a bac-ktlow prevention assembly has been
installed on an irrigation system-connected to-the-Non-Residential potable water system, that
assembly may be-eliminated-by-City personneltorCittt-CentFaeter)-when--the-potable service
connection is changed to a reclaimed service-connection-services connections where reuse
services are provided. Whether the use of the assembly must be canti.,,...d ..;If.h.partd--upon
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the degree -of-hazard associated- with the- existin irrigation system. If the-assembly i;
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 3 ..-Pathhe. Commercial. Office, Industrial/Warehouse (Class-1W
Bark-flow-preventiom-assemblies will he required-on- all commercial
ree-taimed--irrigation service connections,
-Where-a haekflew-prevention- assembly has-been ifutalled -on an
irrigation-system-connected to-the-potable water system.that assembly-may-be-eliminated-by
City-personnel -tor-City-Contractor) when the potable service connection- s-changed-o-a
reclaimed sewiee-c-onneetion,Whether the use of assembly must be-continued-will-depend
upetrthe-degree-of-hazard-associated-wit -the- existing irrigation-system. If the assembly--is
eliminated it remains the property--et-the facility owner The property-owner of ,. mmercial
facility is responsiblefor maintaining all hackflow prevention_assemblies-on-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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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 Public 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, Class AM and Class B Non-
Residential-Customers.
Applications for reclaimed water service to Class AMor-Gass-B-Non-
Residential Customers;inclu -publiccommercial-, office, industrial/warehouse of multi-
family develepuieuts, 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 he 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 be 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, Cli.;s 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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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; INCREASEING 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 bills 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:
006.296925.3
SECTION 1. Anfhnrity, 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. Severahility. 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 be deemed a separate, distinct, and
independent provision and such holding shall not affect the validity of the remaining portion
hereto.
SECTION 4. Effective bate. This Resolution shall become effective
immediately upon passage and adoption.
006 296925 3 -2-
PASSED AND ADOPTED this day of , 2003.
APPROVED:
ATTEST: CITY OF OCOEE, FLORIDA
Jean Grafton, City Clerk S. Scott Vandergrift, Mayor
(SEAL)
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
-3
006296925.3
EXHIBIT "A"
CITY OF OCOEE
RECLAIMED WATER SYSTEM RATES
EFFECTIVE FOR BILLS ISSUED ON OR AFTER OCTOBER 1, 2003
(a) 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 $5.73
1.0-inch $14.33
1.5-inch $28.65
2.0-inch $45.90
3.0-inch $91.68
4.0-inch $143.25
6.0-inch $286.50
8.0-inch $458.40
10.0-inch $589.50
12.0-inch $1,231.95
_ I
(b) 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 l CHARGE PER 1000 GALLONS
0 TO 6,000 GALLONS $0.63
6,001 TO 12,000 GALLONS $0.79
006 296925 3 -4-
12,001 TO 18,000 GALLONS $0.98
18,001 TO 24,000 GALLONS $1.48
24,001 TO 30,000 GALLONS $1.48
30,001 GALLONS AND GREATER $1.48
NONRESIDENTIAL
NUMBER OF GALLONS CHARGE PER 1000 GALLONS
0 TO 6,000 GALLONS $0.63
6,001 TO 12,000 GALLONS $0.79
12,001 TO 18,000 GALLONS $0.98
18,001 TO 24,000 GALLONS $1.48
24,001 TO 30,000 GALLONS $1.48
30,001 GALLONS AND GREATER $1.48
006.296925.3 _5_