HomeMy WebLinkAboutOrdinance 789
Ordinance Number~9
First Readin8 Ilv5 '7) ~y
Second Reading-tL~~J
'\
AN ORDINANCE OF THE CITY OF OCOEE,
FLORIDA, ESTABLISHING A UNIFOfu~ WATER
EXTENSION POLICY WITHIN THE CITY, PRO-
VIDING FOR CONTRIBUTIONS IN AID OF CON-
STRUCTION, PROVIDING FOR CONNECTION
CHARGES, ESTABLISHING THE OBLIGATIONS OF
THE CITY AND OF DEVELOPERS, PROVIDING FOR
GRANTING OF EASEMENTS AND RIGHTS OF \NAY,
PROVIDING FOR DESIGN OF SYSTEM BY ENGINEERS,
PROVIDING FOR INSPECTION AND INSPECTION
FEES, PROVIDING FOR METER INSTALLATION
FEES, PROVIDING FOR TRANSFER TO THE CITY OF
CONSTRUCTED SYSTEMS, PROVIDING FOR REFUNDABLE
ALLOI"JANCES, PROVIDING FOR DEVELOPERS AGREE-
MENTS, PROVIDING FOR EXTENSIONS OUT SIDE SER-
VICE AREA, PROVIDING A CONNECTION CHARGE
ADJUST1I!ENT FOBl1ULA, PROVIDING FOR SEVERA-
BILITY, AND PROVIDING AN EFFECTIVE DATE.
BE IT ENACTED BY THE PEOPLE OF THE CITY OF OCOEE, FLORIDA:
e
Section 1. 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,n hereby establishes
this Extension Policy for the purpose of creating a unifoTIn
method of determining the contribution in aid of construction to
be borne by property owners, builders or developers within the
service area to defray or partially defray the cost of on-site
1vater distribution system; the allocable share of off-site
water distribution system; and allocable shares of treatment
plant costs. The City declares that this Extension Policy has
its goal, the establishment of a uniform method of computing or
determining such contributions to the end that all such contri-
butions shall be non-descriminatory amongst 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.
Section 2. AVAILABILITY.
The provisions of this Extension Policy are available to
consumers and property ovmers throughout the service area of the
OCOEE Water System which shall allow the City to earn a fair
return on water utility service, over and above operating costs
and expenses.
Section 3. APPLICABILITY OF CONTRIBUTION IN AID OF CONSTRUCTION
.
The City requires the payment of contributions in aid of
construction, ~ither by cash payments or through the installa-
tion of water distt:ibutton ifacilities,by ::t,he ~_developer\~i th
title to such facilities transferred to the CITY of OCOEE or a
combination of both forms of contributions. The requirement of
the City for such contributions is declared to be for the pur-
pose of defraying the cost of the water distribution system and
to defray the cost of construction of water treatment plant
facilities. The payment by developer, builder and/or owner of
such contributions to the City shall be a condition prededent to
the rendering of service by the City.
The aggregate value of contributions in aid of construction
required by The City either in cash or by utility system con-
struction donated to CITY of OCOEE shall be conputed and deter-
mined as follows:
On-Site Facilities: Each developer, owner or builder
(hereinafter referrea-fo as developer), shall be respon-
sible for the design, installation, inspection and testing
of the complete water distribution system located in the
street or streets adjoining or within the boundries of
j'
1-
Ordinance Number. r; ii i
Page 2
developer's property.
The term "complete water distribution system" as used here-
in, shall include all component parts of a water distribution
system, including valves, fittings, laterals, hydrants and all
appurtenances as ShO\Vll upon the approved design of such water
distribution system.
The City's requirement for the installation of oversized
lines or facilities, located on developer~s property and de-
signed to provide service for other properties, shall be the
subject of a refunding agreement as set forth hereafter in this
Extension Policy.
.
The limited size of 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 sys-
tem. In such event, the City reserves the right to compute
the estimated cost of such extension and to require developer
to pay such cost of construction in lieu of developer's instal-
lation of the water distribution system.
pff-Site Water Transmission-Hydraulic Sh~re: The location,
size of proposed density of developer's property may make ser-
vice to such property dependent upon the extension of "off-site"
vvater distribution facilities. For the purpose of this Exten-
sion Policy, the term "off-siteil shall be defined as those
main water transmission lines and/or pumping stations necessary
to connect developer's property with facilities of the OCOEE
Water System adequate in size to transmit to developer's prop-
erty, and adequate quantity of water under adequate pressure.
It is OCOEE'S policy to apportion the cost of main trans-
mission and pumping stations pro rata against the properties-
receiving service from such main transmission lines located
"off-site" as to developer's property.
Since each developer draws from the hydraulic capacity of
such lines, the City will require that developer pay his pro-
perty's hydraulic share of the cost of the lIoff-site" main
transmission through which service is rendered to developer's
property. This portion of The City's Extension Policy is re-
ferred to as developer's "hydraulic share of off-site" facil-
ities".
.
It is further declared and established that the City will
compute such hydraulic share of off-site facilities based upon
two major factors which will contribute to the engineering
determination: (a) the quantum area of developer's land and
(b) the density and estimated consumption to be generatedfJ::1om
the property as it is proposed to be developed. The CITY of
OCOEE hereby adopts a schedule of the rates for these off-site
water distribution-hydraulic share charges, a copy of which is
attached hereto marked Exhibit A and made part hereof.
The City further declares that the charge for developer's
hydraulic share of off-site facilities will be applicable to
developer's property whether or not the main transmission lines
and/or pumping stations have been previously constructed. It
is the intent of this section to aPPQrtion the cost of main
transmission lines and pumping stations on a fair share basis
irrespective of whether such transmission lines and pillilping
stations have been previously constructed or are proposed to
be constructed.
Developer may be required to advance all or a portion of
the main transmission lines and pumping stations in order to
provide a physical interconnection of the developer's property
with the facilities of the City at their then present ternlinus.
Such eventualities are covered by provisions in this Extension
Policy under the heading of "refundable advances."
Ordinance Number__C2~~
Page 3
Section 4.
CONNECTION CHARGES.
The City declares that it will require developer to contri-
bute toward the cost or construction or treatment plant facili-
ties. Such contributions, by developer, owner or builder, are
derined herein as "connection chargesll.
.
The City rurther cieclares that such connection charges
shall be unirorm amongst developers not\vithstanding provisions
or develoner agreements not executed with OCOEE or the prac-
tices and procedures pertaining to connection charges, as es-
tablished in the past by the OCOEE ~Jater System. It is rurther
purpose or this section to releive inequities and discrimina-
tory practices regarding connection charges by placing all O\VU-
ers, builders and developers on a parity with regard to such
connection charges.
The City \vill require, prior to the cormnencement or vJater
services, that the rollowing schedule or connection charges
be paid to the City as a pre-requisite ror services:
Single Family Residence-
$260.00 ror each individual single
ramily residence or any indivi-
dually metered living unit. This
includes separately metered units
in duplexes, triplexes, quadplexes
to\vuhouses, apartments or mobile
homes having a separate water me-
ter ror each living unit.
~lliliti-Famil~_~esi~ences-
where two or more living units
are contained within the same
structure or building and all
are served by a mast~r water met-
er, the rate shall be $200.00
ror each living unit in the
building or structure.
~n the event units in the same structure served by a mas-
ter meter subsequently apply to individually meter each unit
in the structure, then, in that event, such application for
change shall carry \Jith it a charge equal to the dirrerential
in single ramily and multi-ramily connection charges as the
same exists on the date or the application.
Common Facilities- Hulti-Family Complexes; All uses ror
"later service or a common nature ror such purposes as irriga'-
tion, washing, recreational racilities, clubhouses, meeting
rooms or similar applications generally round in connection
with the construction or a multi-ramily project shall be consi-
dered in the same manner as commercial installations and the
connection charges applicable thereto shall be computed in ac.-
cordance with the commercial catagory set rorth below.
.
Commercial-,Residential T~pe; All property devoted to com-
mercial use wherein the inten ed use contemplates a te~~orary
residency in the building shall be classiried as COllTInercial-
residential in character. This category extends, but is not
limited to, uses ror hospitals, nursing homes, hotels, motels,
boarding schools or any other purpose which contemplates that
the public will be in residence on the property either or a
semipermanent or transitory nature.
The connection charges to be paid to the City shall be
based upon equating the anticipated water consuption ,yith its
equivalent in multi-ramily uses. The City will use statistical
data published by the Deaprtment of :iealth or other similar
agencies concerned with water consumption to determine such
equivalency ractor. The equivalency factor for multi-family
units is established at 250 gallons per day, per multi-ramily
unit. Thererore, the estimated Hater consumption by the pro-
posed cormnercial-residential use shall be divided by 250 gal-
lons per day in order to arrive at a multi-family equivalency
rating. Such rating, once defined, shall be multiplied by the
Ordinance Number rzc:fj
Page 4
connection charge then in effect for multi-family living units
as set forth above.
Commercial: All property devoted to industrial, business,
educational or--other categories not covered by the above shall be
considered to be commercial uses. The connection charge to be
paid to the City of such proposed uses shall be based upon de-
termining the residential equivalency of such proposed use.
The City's engineers shall estimate the anticipated water con-
sumption on a daily basis and shall divide such gross daily con-
sumption by a factor of 350 gallons per day. Such residential
equivalency factor shall be multiplied by the connection charg-
es applicable to such proposed commercial user. No conwercial
use shall be less than one residential equivalent.
.
Section 5. OBLIGATIONS OF OCOEE.
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 of-
fice of the OCOEE Water System.
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 infor-
mation concerning the location of its water facilities.
The City shall install all meters upon the request of pro-
spective consumers providing that contributions in aid of con-
struction as described herein and the established meter instal-
lation fees have been paid in accordance with the provisions of
the Extention Policy.
In instances where the City undertakes the installation of
water 'distribution lines, at the cost and expense of developer
in lieu of developer's installation of such facilities, the
City will provide laterals for water service to developer's
lot line ready for plumber's Ilhook-upl; and the installation of
meters.
Section 6. OBLIGATIONS OF DEVELOPER.
.
It shall be developer' obligation to funish to the City,
accurate information with regard to matters of engineering,
construction of buildings and dwellings and proposed densities.
Developers ~vho 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 appli-
cable to developer's project. Developer is responsible for er-
rors or changes in engineering information furnished to the City
when such error or change result in increased cost to the City
for any construction which the City may undertake in connection
with installing ~vater distribution facilities or which could
necessitate a new design or redesign of water distribution plans.
Section 7, EASE1~NTS AND RIGHT OF WAY.
As a pre-requisite to the construction of any water distri-
bution system proposed to be connected to the facilities of the
City, developer shall grant to the City i3Lall ~Yal"lt to tL!. C';'Ly
such easements or rights of way corresponding with the instal-
lation of the proposed facilities. Such grant or conveyance
shall be in form satisfactory to the City Attorney. Such con-
veyances, \lhen located on the property of developer, shall be
made without cost to the City. The City reserves the right to
require such easement or right of way to the point at which the
meter is proposed to be installed or at the "point of delivery
of service" being the point at which the facilities of the
City joins with consumers on installation.
Ordinance Number
flZ-+-
Page 5
---" ._~_._---
Section 8. SYSTEM DESIGN-INDEPENDENT ENGINEERS.
.
The City shall recognize the design of water facilities pre-
pared by a registered professional engineer regularly engaged in
the field of sanitary engineering, covering the design of devel-
oper's on-site water distribution system; provided, hovlever,
that each such design shall be fully subject to the approval of
the City's engineer and shall conform in all respects to the cri-
teria of the City governing the installation of utility facili-
ties ultimately to be accepted by the City for ownership, oper-
ation and amintenance. The City reserves the right to charge a
fee commensurate with the cost to the City of reviewing such
engineering plans and furnishing to developer's engineer, various
information regarding location and criteria. All designs of
water distrivution facilities are at all times subject to the
approval of other agencies having jurisdiction over such design.
Section 9. SYSTEM DESIGN-BY THE CITY'S ENGINEER.
The City maintains a relationship with its consulting en-
gineer to provide utility design services to developers for the
purpose of facilitating the design of developer's on-site water
distribution system. Designs prepared by the City's consulting
engineer are acceptable to the City but are at all times sub-
jec- 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 developer. However, in such cases, developer will not
be required to pay the charge for review of such plans as pro-
vided for in the foregoing paragraph.
Section 10. INSPECTION FEES.
The City reserves the right to inspect the installation of
all water distribution facilities installed by 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 water lines
are installed in accordance with approved designs and are furth-
er 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 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 developer or developer's
contractor, but only under the direct supervision of the City's
engineer or authorized inspector.
.
The City reserves the right to charge an inspection fee
not to exceed 2% of the cost, either actual or estimated, of
the subject water facility as installed by developer. The
City maintains full time inspection availability and the cost
for inspection services as set forth herein is and shall con-
tinue to be designed to defray the actual cost of conducting
such inspections and testing.
Section 11. METER INSTALLATION FEES.
OCOEE will charge to each prospective consuner requesting
water service, a meter installation fee to defray OCOEE'S cost
of the meter, meter appurtenances and cost of installation,
Such meter installation fee shall be in accordance with the
Meter Fee Schedule Ordinance of the CITY of OCOEE 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 time for
the installation of a meter at anyone location; provided, how-
ever, that requests to exchange existing meters for meters of
a larger size will result in a charge to the prospective con-
sumer of the difference between the existing smaller size met-
er and the requested larger single size meter. This is pre-
sently incorporated into the connection fees for residential
connections.
Ordinance Number___~____
Page 6
For other categories:
1. 5/8" of 3/4" N6 additional
(single residential size) charge
2. 1" $ 200.00
3. 1 1/4" 250.00
4. 1 1/2" 300.00
5. 2" Bronze Case 900.00
6. 3" Bronze Case 1,350.00
7. 4" Bronze Case 2,200.00
8. 6" Bronze Case 5,400.00
9. 8" Cast Iron 7,100.00
10. 10" Cast Iron 9,500.00
.
Section 12. TFANSFER OF CONTRIBUTED PROPERTY-BILLS OF SALE.
Each developer who has constructed portions of the water
distribution system on developer's own property, prior to inter-
connection with the City's existing facilities, shall convey
such component parts of the water distri~ution system to the
City by bill of sale in form satisfactory to the City Attorney,
togeather with such evidence as may be required by the City
that the water sidtribution system proposed to be transferred
to the City is free of all liens and encumberances.
Any facilities in the category of tlconsumer's lines" plumb-
er's linestl 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
developer, a subsequent owner-occupant or their successors and
assigns. Such "consumer's lines" or "plumber's Lines" shall
remain the maintenence responsibility of developer or subsequent
consumers.
The City shall not be required to accept title to any com-
ponent part of the water distribution system as constructed by
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
thereby has evidenced acceptance of such lines for the City's
ownership, operation and maintenance,
Developer shall maintain accurate cost records establishing
the construction costs of all utility facilities constructed
by developer and proposed to be transferred to the City. Such
cost information shall be furnished to the City concurrently wit
the bill of sale and such cost information shall be a pre-requi-
site for the acceptance by the City of the portion of the water
distribution system constructed by developer.
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 developer until such time as the provisions of this paragraph
have been fully met by developer or developer's successors or
assigns.
.
Section 13. PEFUNDABLE ADVANCES.
The City may require, in addition to the contribution pro-
visions set forth herein, a refundable advance by 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 of OCOEE'S Water Transmission
Master Plan. As set forth elesewhere in this Extension Policy,
developer shall always be responsible for his "hydraulic share"
of the cost of off-site facilities. However, this Extension
Policy recognizes instances in which a developer may be required
to advance the hudraulic share applicable to other undeveloped
property in order that "off-site" facilities may be constructed
to serve developer's property and at the same time be sized in
accordance with the CITY of OCOEE'S water transmission master
plan. All amounts, expended by developer, over and above de-
veloper"s hydraulic share for "off-site" facilities shall refund
to developer in accordance with the terms and conditions of a
refunding agreement which the City will execute with developer.
Ordinance Number~~
Page 7
The rerund agreement shall provide ror a plan or rerund based
upon the connection or other properties, to the extent or their
hydraulic share, which properties \vill be served by the "0rr-
site" racilities installed by developer. Notwithstanding the
provisions or this section, the City may limit the lire or such
rerund agreement to a term or not less than seven years, arter
which time any portion or the rerund not be made to developer by
the terms and conditions or the rerund agreement will have lapsed
and therearter, such rerund agreement will be cancelled. In no
event shall deve10per recover an amount greater than the dirrer-
ence bet\veen the capitalized cost or such "orr-site" improve-
ments and developers own hydraulic share or such improvements.
The City shall not include any interest upon the rerund or de-
veloper's advance.
.
Section 14. DEVELOPER AGREEHENTS REQUIRED.
An o'\mer, builder or developer may be required to execute
a "developer's agreement" setting rorth such reasonable provi-
sions governing developer's and the City's re$pnsibility per- --
taining to the installation or service racilities, the inter-
connection or plumber's lines with the racilities or the City,
the manner and method or payment or contributions in aid or
construction, matters of exclusive service rights by the City,
standards or construction or specirications, time commitments
to "take and use \vater services", engineering. errors and omis-
sions, rules, regulations and procedures or the City, prohibi-
tions against improper use or the City's racilities and other
matters normally associated with and contained in developer
agreements. Nothing contained in such developer agreements
shall be in conrlict with this Extension Policy, not the City"s
Ordinances governing rates, rees and charges ror services and
other requirements regarding the rendition or water utility
service. The City may require that developer, in addition to
to the contribution rormulas set rorth herein, bear the cost or
the preparation or developer agreements by independent counsel
or persons qualiried to drart and prepare such agreements.
Said charge shall not exceed that amount normally to be contem-
plated ror such services.
Section 15. EXTENSIONS OUTSIDE SERVICE AREA.
Owners, builders or developers being potential consumers,
where the subject property lies outside OCOEE'S existing ser-
vice area, may apply to OCOEE ror the extension or water dis-
tribution mains to said property. The City shall not be obli-
gated to provide service outside or its existing service area,
but may elect to do so upon terms and conditions similar to
those contained in this Extension Policy; provided, however, the
City may require additional contributions in aid or construction
should the same be reasonably required in order to maintain the
same level or economic reasibility then in errect within the ex-
isting service area.
Section 16. EXTENSION POLICY-COPIES AVAILABLE.
.
Copies or this Extension Policy shall be maintained at the
OCOEE \-Jater Sys tern's orrices and shall be ava.ilable to all pro-
spective consumers upon request, either in person or by mail,
addressed to the City.
Section 17.
PROVISioNS.
CONNECTION CHARGE ADJUSTMENT FORHULA.-ESCALATION.
The basis ror the connection charge schedule set rorth
herein has been structured by the City with regard to two major
but variable ractors. First, the present level or construction
costs or water distribution, water treatment plant racilities.
Second, the theory or treatment racilities and their degree of
treatment sophistication as prescribed by the Orange County
Health Department and the State of Florida Department or Envior-
mental Regulation. The City hereby declares that tHe schedule
Ordinance Number f) J /
Page 8
of connection charges set forth herein may be escalated based
upon increases in utility construction costs.
Section 18. SEVERABILITY.
If any section, paragraph, term or provlslon of this Ordi-
nance is determined to be illegal, invalid or unconstitutional
by any court of competent jurisdiction, or by any State or Fed-
eral regulatory agency having jurisdiction therof, such deter-
mination shall have no effect on any other section, paragraph,
term or provision hereof, all of which will remain in full force
and effect.
Section 19, EFFECTIVE DATE.
.
This ordinance shall be effective immediately upon passage.
Enacted this 21.0-day of .tJU~UJ r _,1984.
At tes t .J1nu~~djJLtb
Clerk
CITY ~COEE,~RIDA
By: ~ 1J...<JYIJ
Hay
.
"
EXHIBIT A TO THE CITY OF OCOEE, FLORIDA,
W,ATER EXTENSION POLICY
The CITY of'OCOEE adopts the following schedule of rates
for the hydraulic share of off-site facilities as previously
referred to on page 3 of this Water Extension Policy. These
charges vary according to the area in which the subject premises
are located. The two specific areas and the charges specified
for each is as follows:
.
A. Area No.1 is that area within the Water System Service
area North of the Seaboard System Railway tracks. The
off-site connection charge for this area is $490.00 for
a single family unit or ERC, and $328.00 for a multi--
family unit.
B. Area No.2 is that area in the OCOEE Hater System ser-
vice area South of the Seaboard System Railway tracks.
The off-site connection charge for this area is $490,00
for single family unit or ERC, and $328.00 for a multi-
family unit.
C. In the event of a Water Utility Agreement to supply
service to an area other than as listed above, the
CITY of OCOEE will establish the reauisite off-site
water distribution hydraulic share ~ate to be charged.
For the purpose of this provision, the terms "Single Family'
and "Multi-family" units shall be the same as defined under
"connection charges" section hereof.
.
Single Family Residence
Multi-family Residence
Em1IBIT B TO THE CITY OF OCOEE, FLORIDA
WATER EXTENSION POLICY
CONNECTION/
CHARGES
8260.00
$200,00
(for each li-
ving unit.)
Rate Schedule
OFF-SITE HYDRAULIC
CHARGE
$490.00
$328.,00
(one time fee
(no teach) )
NOTE: In a multi-family residence where each living
unit .",i11 be on a separate meter, each unit
will be cllarged as if it .'\lere a single family
residence.
TOTAL CHARGE
{for ,2L8_:'_~~ 3/4')_metc:.~)
$750 00
Dependent upon number
of living units,
For Example; a 6 unit
residence fee would be;
200
X 6
1'200
,
+ 328
$1~528(p1us additional charge
for larger meter)
FOR LARGER NE-
TER, I see ,.,..
schedule in
Section 11,
page 9,