HomeMy WebLinkAboutOrdinance 94-13
ORDINANCE NO. 94- 13
AN ORDINANCE OF THE CITY OF OCOEE, FLORIDA
AMENDING CHAYfER 173 OF THE OCOEE CITY CODE
AS IT RELATES TO SEWER AND WATER SERVICE
RATES AND CHARGES TO CONSUMERS OUTSIDE THE
CORPORATE LIMITS OF THE CITY; PROVIDING THAT
THE SCHEDULE OF MONTHLY RATES AND CHARGES
FOR SEWER AND WATER SERVICE IS APPLICABLE
ONLY WITHIN THE CITY; PROVIDING FOR A TWENTY-
FIVE PERCENT SURCHARGE ON THE SEWER AND
WATER MONTHLY RATES AND CHARGES AND
CAPITAL CHARGES PAID BY CONSUMERS OUTSIDE
THE CITY; AUTHORIZING THE CITY COMMISSION TO
ADOPT BY RESOLUTION POLICIES FOR THE
PROVISION OF SEWER AND WATER SERVICE BOTH
INSIDE AND OUTSIDE THE CITY; PERMITTING SUCH
POLICIES TO REQUIRE ANNEXATION INTO THE CITY
AS A CONDITION PREREQUISITE TO RECEIPT OF
SEWER AND/OR WATER SERVICE; RESTRICTING THE
PROVISION OF SEWER AND WATER SERVICE OUTSIDE
THE SEWER AND WATER TERRITORIAL AREAS
AGREED UPON BY THE CITY AND ORANGE COUNTY;
PROVIDING FOR SEVERABILITY; PROVIDING FOR
CODIFICATION; PROVIDING AN EFFECTIVE DATE.
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 vm of the Constitution of the State of
Florida, and Section 180. 191(1)(a), Florida Statutes, and Chapter 166, Florida Statutes.
SECTION 2.
Subsection 173-4.A of Chapter 173 of the Code of
Ordinances of the City of Ocoee is hereby amended by the addition of a new Subsection 173-
4.A(3) thereto to read as follows:
(3) The schedule of monthly rates and charges for water and
sewer service provided by the city as set forth in this Subsection 173-4.A
shall be applicable only to consumers located within the colpOrate limits
of the city. The schedule of monthly rates and charges for water and
sewer service provided by the city to consumers outside the cOlpOrate
limits of the city shall be as provided in Section 173-5.1 of this Chapter.
SECTION 3.
Section 173-4.C of the Code of Ordinances of the City of
Ocoee is hereby amended to read as follows:
C. Service to consumers located outside city limits. Water
and/or sewer services may, at the City COftlmiSSiell'S discretion of the
City Commission, be provided to consumers outside the coq>orate limits
of the city in accordance with i i 173 9 lHltl 173 25. Rates will he set in
&eOOf'tIftIlee with awJfeable City ef Oeooe ordinftftees ftIld Florida Statutes.
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 coq>orate 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 coq>orate limits of the city. Rates and charges for
water and sewer service provided by the city to consumers located outside
the coq>orate limits of the city shall be as provided in Section 173-5.1 of
the Code of Ordinances of the City of Ocoee.
SECTION 4.
A new Section 173-5.1 of the Code of Ordinances of the
City of Ocoee is hereby adopted as follows:
~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 cOlpOrate limits
of the city shall be the rates from time-to-time established by the city for
consumers inside the cOlpOrate limits of the city plus a surcharge equal to
twenty-five percent (25 %) of such rate.
SECTION S.
A new Section 173-6.2 of Chapter 173 of the Code of
Ordinances of the City of Ocoee is hereby adopted to read as follows:
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U73-6.2
Water and sewer selVice territorial areas.
The city and Orange County have established water and sewer territorial
areas pursuant to the tenns and conditions of that certain Orange
County/City of Ocoee Water SelVice Territorial Agreement (Contract No.
W-88-06) dated November 14, 1988, as amended February 11, 1994 (the
"Water SelVice Territorial Agreement") and that certain Orange
County/City of Ocoee Sewer SelVice Territorial Agreement (Contract No.
S-87-8) dated June 8, 1987, as amended February 11, 1994 (the "Sewer
SelVice Territorial Agreement"), respectively. The city shall not provide
water selVice outside of the water selVice territorial area established by
the Water SelVice Territorial Agreement, except to the extent expressly
set forth therein or authorized pursuant to the tenns thereof, without
regard to whether or not the lands outside of said water selVice territorial
area are within the colpOrate limits of the city. The city shall not provide
sewer selVice outside of the sewer selVice territorial area established by
the Sewer SelVice Territorial Agreement, except to the extent expressly
set forth therein or authorized pursuant to the tenns thereof, without
regard to whether or not the lands outside of said sewer selVice territorial
area are within the cOlpOrate limits of the city. The City Commission
may, from time-to-time, adopt by resolution policies with respect to the
provision of sewer and water selVice within the colpOrate limits of the city
so as to be in compliance with the provisions of the Water SelVice
Territorial Agreement and the Sewer SelVice Territorial Agreement.
SECTION 6.
A new Section 173-6.1 of Chapter 173 of the Code of
Ordinances of the City of Ocoee is hereby adopted to read as follows:
U73-6.1
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
selVices by the city both within the cOlpOrate limits of the city and outside
the cOlpOrate limits of the city.
SECTION 7.
Section 173-9 of Chapter 173 of the Code of Ordinances of
the City of Ocoee is hereby amended to read as follows:
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U 73-9
Extensions outside service area.
Owners, builders or developers being potential consumers, where the
subject property lies outside Oeoee's the existing service area of the City,
may apply to Oeoee the City for the extension of water distribution mains
to said property. The City shall not be obligated to provide service
outside its existing service area but may elect to do so upon terms and
conditions similar to those contained in this extension policy and such
other policies as may from time to time be adopted by resolution of the
City Commission; provided, however, that the city may require additional
capital charges should the same be reasonably required in order to
maintain the same level of economic feasibility then in effect within the
existing service area.; ami pf6~..ided, Ii6we~/el', tMt the eity m&)' re<tHffe
the sttbjeet pf6pelty to he ftllfteJfOO into the eity as a eetlttitiOft pfefeEluisite
to the exteftsloll of water MaiRS.
SECTION 8.
A new Section 173-21.1 of Chapter 173 of the Code of
Ordinances of the City of Ocoee is hereby adopted to read as follows:
~173-21.1
Water capital charges for consumers outside city limits.
The water capital charges established by Section 173-11, as from time-to-
time adjusted pursuant to Section 173-21, shall be applicable only to
consumers located within the cotpOrate limits of the city. The water
capital charges for consumers outside the cotpOrate limits of the city shall
be the water capital charges from time-to-time established by the city for
consumers inside the cotpOrate limits of the city plus a surcharge equal to
twenty-five percent (25%) of such water capital charge.
SECTION 9.
Section 173-25 of Chapter 173 of the Code of Ordinances
of the City of Ocoee is hereby amended to read as follows:
U 73-25
Extensions outside service area.
Owners, builders or developers being potential consumers, where the
subject property lies outside the Oeoee's existing service area of the City
may apply to Oeoee the City for the extension of sewer lines to said
property. The City shall not be obligated to provide service outside its
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existing service area but may elect to do so upon tenns and conditions
similar to those contained in this extension policy and such other policies
as may from time to time be adopted by resolution of the City
Commission; provided, however, that the city may require additional
capital charges should the same be reasonably required in order to
maintain the same level of economic feasibility then in effect within the
existing service area; 8:fttl provided, howe~;er, that the eity may require the
subject propetty to be &flfiex.oo iftte the eity as a OOftditwft pfel'eEluisite to
the exteRswft af sewer liftes.
SECTION 10.
A new Section 173-37.1 of Chapter 173 of the Code of
Ordinances of the City of Ocoee is hereby adopted to read as follows:
U73-37.1
Sewer capital charges for consumers outside city limits.
The sewer capital charges established by Sections 173-28, as from time-to-
time adjusted pursuant to Section 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 capital charge.
SECTION 11.
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 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 relettered 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
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such inclusion in the code is accomplished, sections of this Ordinance may be renumbered or
relettered and the correction of typographical errors which do not affect the intent may be
authorized by the City Manager, without need of public hearing, by filing a corrected or
recodified copy of same with the City Clerk.
SECTION 13.
Effective Date. This Ordinance shall become effective
immediately upon passage and adoption.
PASSED AND ADOPTED this /7ridayof kwf
,1994.
APPROVED:
ATIEST:
CITY OF OCOEE, FLORIDA
S:5::zr .
S. Scott Vandergrift, Mayor
(SEAL)
ADVERTISED May 5 , 1994
READ FIRST TIME May 3 , 1994
READ SECOND TIME AND ADOPTED
M~ I") , 1994,
UNDER AGENDA ITEM NO. ~.
FOR USE AND RELIANCE ONLY BY
THE CITY OF OCOEE, FLORIDA
APPROVED AS TO FORM AND LEGALITY
this 17 day of /(,.1<< "f , 1994.
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FOLEY & LARDNER
By:
If.Jf~
City Attorney
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