HomeMy WebLinkAboutOrdinance 89-24
ORDINANCE NO. 89- 24
CITY OF OCOEE
.
AN ORDINANCE OF THE CITY OF OCOEE, FLORIDA
RELATING TO WATER AND SEWERS: AMENDING
CHAPTER 22 OF THE CODE RELATING TO WATER
AND SEWER DEPOSITS: AMENDING CHAPTER 22
OF THE CODE RELATING TO CHARGES FOR WATER
AND SEWER SERVICE AND BILLING AND COLLECTION
PROCEDURES: AMENDING CHAPTER 22 OF THE CODE
RELATING TO REFUNDABLE ADVANCES: PROVIDING
FOR SEVERABILITY: PROVIDING FOR AN EFFECTIVE
DATE.
BE IT ENACTED BY THE CITY COMMISSION, CITY OF OCOEE,
FLORIDA.
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. A new Section 22-3 of the Code of Ordinances
of the City of Ocoee is hereby adopted as follows:
Section 22-3. Water and Sewer 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 meter size,
type of account (residential, commercial or industrial), whether
a residence is owned or rented, and proof of identification.
(b) Each new consumer shall be required to place on
deposit with the City an initial account deposit. The deposit
shall bear no interest and is intended as security for the payment
of any bill which may be due to the City. The deposit is trans-
ferable by the same consumer to a new service address provided
no outstanding balance is past due; and is refundable, less
all applicable charges, upon termination of an account. The
amount of the deposit shall be as follows:
RESIDENTIAL:
(Single family residence or individually owned unit in a
multi-unit building)
Water
Sewer
(1) 3/4" X 5/8" meter
Owner of residence
Renter of residence
$ 60.00
80.00
$ 60.00
80.00
(2) 1" meter
140.00
140.00
.
COMMERCIAL AND INDUSTRIAL:
(Includes all non-residential buildings and all residential
buildings under one ownership which contain three (3) or
more living units)
Water
Sewer
( 1 )
( 2 )
( 3 )
( 4 )
( 5 )
3/4" X 5/8" meter
1" meter
1 1/2" meter
2" meter
3" meter and larger:
$120.00
300.00
450.00
520.00
To be determined
Utility Director
$120.00
300.00
450.00
520.00
by
Section 3. The present Section 22-4 of the Code of Ordi-
nances of the City of Ocoee is hereby repealed in its entirety.
Section 4. A new Section 22-4 of Chapter 22 of the Code
of Ordinances of the City of Ocoee is hereby adopted as follows:
Section 22-4. Water and Sewer Monthly Charges and Billing.
(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 Effective Effective Effective
(zero consumption) 10/1/89 10/1/90 10/1/91
5/8 inch meter $ 6.86 $ 7.25 $ 7.64
1 inch meter 17.15 18.13 19.10
1 ~ inch meter 34.30 36.25 38.20
2 inch meter 54.88 58.00 61.12
3 inch meter 109.76 116.00 122.24
4 inch meter 171.50 181.25 191.00
6 inch meter 343.00 362.50 382.00
8 inch meter 548.80 580.00 611. 20
10 inch meter 788.90 833.75 878.60
12 inch meter 1,474.90 1,558.75 1,642.60
PLUS: Charge per 1000
gallons $ 0.46 $ 0.48 $ 0.51
Sewer
Base Facility Charge
(zero consumption)
Effective
10/1/89
$ 13.81
34.53
69.05
110.48
220.96
345.25
690.50
1,104.80
1,588.15
2,969.15
5/8 inch meter
1 inch meter
1 ~ inch meter
2 inch meter
3 inch meter
4 inch meter
6 inch meter
8 inch meter
10 inch meter
12 inch meter
PLUS: Charge per 1000 gallons
$ 1.47
.
(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 Commission'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.
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(d) SPECIFIC CHARGES. The following specific charges
shall be collected by the City from each consumer under the
circumstances set forth below.
(1) 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
(2) Unauthorized Connection Penalty
1,000.00
.
(3) Fire Hydrant Meter Deposit (per meter)
600.00
(4) Tanker Fill-up/Bulk Water Charge
(per 1,000 gallons)
1.00
( 5 )
Removal of jumper, tampering with turned-off
meter or other illegal bypass:
3/4" x 5/8" meter
1" meter
1 1/2" meter
2" meter
All other meters
75.00
150.00
250.00
500.00
1,000.00
( 6 )
FIRE LINES
4" line
6" line
8" line
10" line
(payable annually in advance on October 1)
300.00
600.00
800.00
1,000.00
(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.
Section 4. The present Section 22-45 of Chapter 22 of
the Code of Ordinances of the City of Ocoee is hereby amended
to read as follows:
Section 22-45. Refundable advances.
.
(a) The City may require, in addition to the contribution
provisions set forth herein, a refundable advance 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 Transmission System
Master Plan. As set forth elsewhere in this extension policy,
the developer shall always be responsible for his "hydraulic
share" of the cost of off-site facilities, as determined by
the City. However, this extension policy recognizes instances
in which a developer may be required to advance the hydraulic
share applicable to other undeveloped property in order that
"off-site" facilities may be constructed to serve the developer's
property and at the same time be sized in accordance with the
City Water Transmission System Master Plan. 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.
Such refund shall be in accordance with the terms and conditions
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.
of a refunding agreement which the City will execute with the
developer. 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. 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 this section, the City
may limit the life of such refund agreement to a term of not
fe~~-or 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 cancelled. 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. The City shall not include
any interest upon the refund of a developer's advance.
(b) A developer or property owner who makes use of facilities
provided by another developer under the terms of this Section
shall be required to pay the City for a proportion of the costs
of such facilities based upon their 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 the developer has been fully reimbursed by
the City or in the event the reimbursement obligation of the
City has lapsed under the terms of the refund agreement. If
the City advances the costs of such facilities, then the payment
shall be made to and retained by the City.
Section 5. The present Section 22-75 of Chapter 22 of
the Code of Ordinances of the City of Ocoee is hereby amended
to read as follows:
Section 22-75. Refundable Advances.
.
(a) The City may require, in addition to the contribution
provisions set forth herein, a refundable advance by the developer
to further temporarily defray the cost of any extension of sewage
facilities necessary to connect the developer's property with
the Primary Interceptor Force Main in compliance with the City
Sewer System Master Plan. The developer shall always be responsible
for his proportionate share of the cost of such facilities,
as determined by the City. However, this extension policy recognizes
instances in which a developer may be required to advance the
proportionate share applicable to other undeveloped property
in order that facilities may be constructed to serve the developer's
property and at the same time be sized in accordance with the
City Sewer System Master Plan. 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. Such refund shall
be in accordance with the terms and conditions of a refunding
agreement which the CIty will execute with the developer. 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. The agreement shall also provide for a credit
to the developer against sewer capital charges for improvements
to the Primary Interceptor Force Main. Nothwithstanding the
provisions of this Section, the City may limit the life of such
refund agreement to a term of not more than seven 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
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lapsed, and thereafter such refund agreement will be cancelled.
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.
The City shall not include any interest upon the refund of a
developer's advance.
.
(b) A developer or property owner who makes use of 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 the developer has been fully reimbursed by the City or
in the event the reimbursement obligation of the City has lapsed
under the terms of the refund agreement. If the City advances
the costs of such facilities, then the payment shall be made
to and retained by the City.
Section 6. 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 jursidiction, 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 7. Effective Date.
effective on October 1, 1989.
PASSED AND ADOPTED this j)~
This Ordinance shall become
day of
~~
, 1989.
APPROVED:
CITY OF OCOEE, FLORIDA
ATTEST:
~ J- [2 iL
Thomas R. Ison, Mayor
(SEAL)
ADVERTISED ..A IAc,u~1 ly
READ FIRST TI~..A.Y '1.1 ~T .).)...
READ SECOND TIME AND ADOPTED
~ ~p "/""&fY\ P,,&12... S-
, 1989
, 1989
, 1989
.
FOR USE AND RELIANCE ONLY
BY THE CITY OF OCOEE, APPROVED BY THE OCOEE CITY
APPROVED AS TO ~ AND COMMISSION AT A MEETING
OLEfGA;'~~.,1y.hhiih ~,. dla9Y89 HELD ON ~e"~M:-I~. r , 1989
~ UNDER AGENDA ITEM NO. 17L It 3
FOLEY & LARDNER, VAN DEN BERG,
B:Y' ~7P ~rc;IN
City Attorney
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