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HomeMy WebLinkAboutOrdinance 92-19 ORDINANCE NO. 92- 19 AN ORDINANCE OF THE CITY OF OCOEE, FLORIDA, RELATING TO WATER AND SEWERS; AMENDING THE PRESENT CHAPTER 22 OF THE CODE OF ORDINANCES; AMENDING SECTION 22-4 PROVIDING FOR SERVICE CHARGE INCREASES DUE TO INCREASES IN POWER AND CHEMICAL COSTS; AMENDING SECTION 22-35 CONCERNING THE CALCULATION OF WATER CAPITAL CHARGES; AMENDING SECTION 22-46 CONCERNING INCREASES IN WATER CAPITAL CHARGES; AMENDING SECTION 22-65 CONCERNING THE CALCULATION OF SEWER CAPITAL CHARGES; AMENDING SECTION 22-76 CONCERNING INCREASES IN SEWER CAPITAL CHARGES; PROVIDING FOR SEVERABILITY; PROVIDING FOR CODIFICATION; PROVIDING AN EFFECTIVE DATE BE IT ENACTED BY THE CITY COMMISSION, CITY OF OCOEE, FLORIDA, AS FOLLOWS: Section 1. 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 Chapters 163 and 166, Florida Statutes. Section 2. The present Section 22-4 of the Code of Ordinances of the City of Ocoee is hereby amended to read as follows: (a) The following shall be the schedule of monthly rates and charges for water and sewer service provided by the City: Water Base Facility Charge (zero consumption) Effective 10/1/91 5/8 inch meter 1 inch meter 1-1/2 inch meter 2 inch meter 3 inch meter 4 inch meter 6 inch meter 8 inch meter $ 7.64 19.10 38.20 61.12 122.24 191.00 382.00 611.00 1 10 inch meter 12 inch meter 878.60 1,642.60 Plus: Volumetric (gallons); charge of $0.51 per 1,000 gallons Sewer Base Facility Charge (zero consumption) Effective 10/1/91 5/8 inch meter 1 inch meter 1-1/2 inch meter 2 inch meter 3 inch meter 4 inch meter 6 inch meter 8 inch meter 10 inch meter 12 inch meter $ 13.81 34.53 69.05 110.48 220.96 345.25 690.50 1,104.80 1,588.15 2,969.15 PLUS: Charge per 1000 gallons $1.47, provided that, for those residential consumers with a 5/8 inch meter, the maximum sewer service charge shall be calculated as the Base Facility Charge plus the current charge per 1000 gallons up to a maximum of 12,000 gallons. 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. (b) The billing period for water and sewer charges shall be monthly. Consumers shall have five (5) days from the due date to make payment. Payment in full must be made by the due date. If payment is not received within thirty (30) days of the due date, service will be terminated. Prior to restoration of service the entire past due balance and a service restoration charge of $20.00 must be paid. If service restoration is requested after 5:00 p.m. or on a weekend the service restoration charge shall be $30.00. If an account is two (2) months or more in arrears the City may terminate the account and apply the deposit to the past due balance. Restoration of the account will require a new deposit. (c) Consumers Located Outside City Limits. Water and/or sewer services may, at the City Commissioner's discretion, be provided to consumers outside the city limits in accordance with Section 22-33 and Section 22-63 of City of Ocoee Ordinance No. 88-32. Rates will be set in accordance with applicable City of Ocoee Ordinances and Florida Statutes. 2 (d) SPECIFIC CHARGES. The following specific charges shall be collected by the City from each consumer under the circumstances set forth below. (1) (2) (3) (4) (5) (6) (7) Turn-on/Turn-off for Customer Convenience: Regular Business Hours Turn-off only Turn-on only Non-Business Hours Turn-off only Turn-on only $ 20.00 20.00 30.00 30.00 Unauthorized Connection Penalty (each occurrence) 1,000.00 Fire Hydrant Meter Deposit (per meter) 600.00 Tanker Fill-up/Bulk Water Charge (per 1,000 gallons) 1.00 Tampering with meter or installation of unauthorized bypass (each occurrence): 3/4 inch x 5/8 inch meter 1 inch meter 1-1/2 inch meter 2 inch meter All other Meters 75.00 150.00 250.00 500.00 1,000.00 FIRE LINES (Payable annually in advance on October 1) 4 inch line 6 inch line 8 inch line 10 inch line 300.00 600.00 800.00 1,000.00 Meter Testing 10.00 (e) Non-Sufficient Funds or Returned Checks. The fee for checks returned to the city for non-sufficient funds or uncollected funds shall be $15.00 per check. Notification will be made to customer advising that payment in the form of cash, money order, or cashiers check must be received by the utility department within 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 as set forth in Section 22-4(b) above. 3 (t) Service charges (Volumetric) for water service and sewer service shall be automatically adjusted for increases and decreases in expenses to the City in electrical power, chemical, and wholesale treatment costs using the following formula: New Rate = Old Rate + (% of Budget for power and chemicals and wholesale rate x Old Rate x % Increase). Said adjustments shall be made annually or more often if determined necessary by the City Manager due to increases or decreases in expenses. The City Manager shall give the City Commission notice of any such proposed adjustments at least thirty (30) days prior to the effective date thereof. Such notice shall also be set forth on all utility bills at least thirty (30) days prior to the effective date thereof. Within said thirty (30) day period from notice to the City Commission, the City Commission may, at its option, reject any such adjustments proposed by the City Manager, in which case said adjustments shall not take effect and the service charges (Volumetric) for water and sewer service shall remain unchanged. Section 3. The present Section 22-35 of the Code of Ordinances of the City of Ocoee is hereby amended to read as follows: Sec. 22-35. 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. (b) A water capital charge is hereby established at $966.00 per equivalent residential unit (ERU). Those persons, corporations, or entities which have previously prepaid the existing water connection fee or who have entered into an agreement with the City providing credits against the water connection fee 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 a connection shall be as follows: ESTABLISHMENT UNIT FACTOR Residential Single Family Detached Duplex (1-2 Bedroom) Duplex (Greater Than 2 Bedrooms) Multi-Family (Efficiency) Multi-Family (1-2 Bedroom) Per Dwelling Unit Per Dwelling Unit Per Dwelling Unit Per Dwelling Unit Per Dwelling Unit 1.0 0.833 1.0 0.5 0.833 4 Multi-Family (Greater Than 2 Bedrooms) Per Dwelling Unit 1.0 Mobile Home (1-2 Bedrooms) Per Dwelling Unit 0.833 Mobile Home (Greater Than 2 Bedrooms) Per Dwelling Unit 1.0 Commercial Shopping Center and 1,000 square feet gross 0.5 Retail Shopping Office Building (add food 1,000 square feet 0.4 service and retail space) Auditorium Seat 0.02 Laundry, Self Service Per Machine 1.4 Barber/Beauty Shop Per Work Station 0.333 Bowling Alley Per Lane 0.333 Theater Per Seat 0.02 Dinner Theater Per Seat 0.1 Trailer Park (overnight) Site 0.833 Dentist Office Per Dentist and 1.0 per wet chair 0.667 Doctor Office Per Doctor 1.0 Hospital Per Bed 0.833 Nursing Home Per Bed 0.5 Automotive Service and/or Detail Facility: Per Bay 1.0 Automotive Care Add: Per Wash Bay 3.2 Add: Per Public Restroom 1.5 Convenience Store/ Per Public Restroom 1.5 Self-Service Gas Pumps Industrial/Manufacturing (not including food service; not including industrial waste) Without showers Per 1,000 square feet 0.4 With showers Per 1,000 square feet 1.25 Hotel, Motel (not including Room 0.5 food service, banquet, and meeting rooms and laundries which are calculated separately) Church Per Seat 0.02 Warehouse Per Restroom and 0.75 1,000 square feet 0.2 Grocery Store 1,000 square feet 0.75 5 Food Service: Restaurant/Cafeteria Restaurant (24 hour) Restaurant (fast food) Bar/Cocktail Lounge Seat Seat Seat Seat 0.1 0.185 0.1 0.1 Schools, Middle and High Schools, Elementary and Nursery Per Student Per Student 0.075 0.033 (d) One ERU shall have an assigned value of 1.00. One ERU is hereby established and determined to be equal to a flow of 300 gallons per day (GPD), Average Annual Basis. The water capital fee shall be determined by multiplying the ERU factor listed in subsection (c) above times $966.00, times the number of units. 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 25, times $966.00, and dividing that numerator by 300 GPD/ERU. (e) The water capital charge shall be paid prior to the issuance of the building permit pursuant to Section 5-42 of the Ocoee Code of Ordinances. (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 Engineer to support a requested decrease in the total Equivalent Residential Unit value. The City Engineer 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. Alternatively, an applicant may pay the water capital charge as established by subsection (c) above, and after one year of operation, submit one year's data on actual usage to the City Engineer for review. The City Engineer 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. Section 4. The present Section 22-46 of the Code of Ordinances of the City of Ocoee is hereby amended to read as follows: Sec. 22-46. Water Capital Charge 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 Regulation 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 6 from these factors as set forth and identified in the ENGINEERING NEWS RECORD CONSTRUCTION COST INDEX. The water capital charges shall be automatically adjusted annually by the percentage change in the ENR Construction Cost Index. Section 5. The present Section 22-65 of the Code of Ordinances of the City of Ocoee is hereby amended to read as follows: Sec. 22-65. Sewer Capital Charges (a) The intent of this section is to establish fees for the purpose of compensating the City for costs incurred in providing sewage treatment facilities, effluent disposal facilities and pumping stations and extending sewage collection lines to a point of reasonable availability for connection to the City Sewer System. The charges shall be computed on the basis of real property use, zoning and size in approximate proportion the benefits received. (b) A sewer capital charge is hereby established at $2,865.00 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 pre-purchased 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 a connection shall be as follows: ESTABLISHMENT Residential Single Family Detached Duplex (1-2 Bedroom) Duplex (Greater Than 2 Bedrooms) Multi-Family (Efficiency) Multi-Family (1-2 Bedroom) Multi-Family (Greater Than 2 Bedrooms) Mobile Home (1-2 Bedrooms) Mobile Home (Greater Than 2 Bedrooms) Commercial Shopping Center and Retail Shopping Office Building (add food service and retail space) Auditorium Laundry, Self Service UNIT FACTOR Per Dwelling Unit Per Dwelling Unit Per Dwelling Unit Per Dwelling Unit Per Dwelling Unit Per Dwelling Unit Per Dwelling Unit Per Dwelling Unit 1.0 0.833 1.0 0.5 0.833 1.0 0.833 1.0 1,000 square feet gross 0.5 1,000 square feet 0.4 Seat Per Machine 0.02 1.4 7 Barber/Beauty Shop Per Work Station 0.333 Bowling Alley Per Lane 0.333 Theater Per Seat 0.02 Dinner Theater Per Seat 0.1 Trailer Park (overnight) Space 0.833 Dentist Office Per Dentist and 1.0 per wet chair 0.667 Doctor Office Per Doctor 1.0 Hospital Per Bed 0.833 Nursing Home Per Bed 0.5 Automotive Service and/or Detail Facility - Per Bay 1.0 Automotive Care Add: Per Wash Bay 3.2 Add: Per Public Restroom 1.5 Convenience Store/ Per Public Restroom 1.5 Self-Service Gas Pumps Industrial/Manufacturing (not including food service; not including industrial waste) Without showers Per 1,000 square feet 0.4 With showers Per 1,000 square feet 1.25 Hotel, Motel (not including Room 0.5 food service, banquet, and meeting rooms and laundries) Church Per Seat 0.02 Warehouse Per Restroom 0.75 1,000 square feet 0.2 Grocery Store 1,000 square feet 0.75 Food Service: Restaurant! Cafeteria Seat 0.1 Restaurant (24 hour) Seat 0.185 Restaurant (fast food) Seat 0.1 Bar/Cocktail Lounge Seat 0.1 Schools, Middle and High Per Student 0.075 Schools, Elementary and Nursery Per Student 0.033 8 (d) One ERU shall have an assigned value of 1.00. One ERU is hereby established and determined to be equal to a flow of 270 gallons per day (GPD), Average Annual Basis. The sewer capital fee shall be determined by multiplying the ERU factor listed in subsection (c) above times $2,865.00, times the number of units. 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 25, times $2,865.00, and dividing that numerator by 270 GPD/ERU. (e) The sewer capital charge shall be paid prior to the issuance of the building permit pursuant to Section 5-42 of the Ocoee Code of Ordinances. (f) 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 Engineer to support a requested decrease in the total Equivalent Residential Unit value. The City Engineer 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. Alternatively, an applicant may pay the sewer capital charge as established by subsection (c) above, and after one year of operation, submit one year's data on actual usage to the City Engineer for review. The City Engineer 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. Section 6. The present Section 22-76 of the Code of Ordinances of the City of Ocoee is hereby amended to read as follows: Section 22-76. 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 Regulation 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 CONSTRUCTION COST INDEX. The sewer capital charges shall be automatically adjusted annually by the percentage change in the ENR Construction Cost Index. Section 7. 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. 9 Section 8. 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, 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 9. Effective Date. This Ordinance shall become effective immediately upon passage and adoption. ,1992. PASSED AND ADOPTED this 18th day of August SEAL For Use and Reliance Only By the City of Ocoee Approved as to Form and Legal~tY., this _, ~~ day of tbJ d ,J:-. t- ' 1992 'J FOLE~LARDNER By: rI oJ ~ f!&JlJ- City Attorney Advertised Augus t 6 Read First Time Augus t 4 Read Second Time and Adopted August 18 , 1992 , 1992 ,1992 Approved by the Ocoee City Commission at a Meeting Held on August 1 R 1992 Under Agenda Item No. v A 10