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HomeMy WebLinkAboutOrdinance 88-32 Ordinance No. RR-1? CITY OF OCOEE . AN ORDINANCE OF THE CITY OF OCOEE, FLORIDA RELATING TO WATER AND SEWERS; AMENDING THE PRESENT ARTICLE II OF CHAPTER 22 OF THE CODE RELATING TO WATER SYSTEM EXTENSIONS; CREATING ARTICLE III OF CHAPTER 22 OF THE CODE RELATING TO SEWER SYSTEM EXTENSIONS; CREATING ARTICLE IV OF CHAPTER 22 OF THE CODE RELATING TO WATER SERVICE ALLOCATION; CREATING ARTICLE V OF CHAPTER 22 OF THE CODE RELATING TO SEWER SERVICE ALLOCATION; CREATING ARTICLE VII OF CHAPTER 22 OF THE CODE RELATING TO REVENUE AND MAINTENANCE FEES; PROVIDING FOR SEVERABILITY; PROVIDING AN EFFECTIVE DATE NOW, THEREFORE, be it resolved by the People of the 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. Section 22-1 of Article I of Chapter 22 is hereby deleted. Section 2A. Section 22.1 of Article I of Chapter 22 is hereby created as follows: Section 22-1. Definitions. The following words, phrases and terms shall have the following meanings: (a) -Collection Facilities. means the lines, pipes, meters, and appurtenant equipment used to collect Sewage from the improvements on Developer's Property, and to transmit it to the Transmission Facilities. (b) .Distribution Facilities. means the lines, pipes, meters, and appurtenant equipment used to distribute water from the Point of Distribution to the Developer's Property. (c) "ERU" means Equivalent Residential Unit as that term is used in the Utility's Tariff, as it may be amended from time to time. (c) -FDER- means the Florida Department of Environmental Regulation, an agency of the State of Florida, or any successor agency. . (e) "Improvements" means the Improvements which will be constructed and developed by the Developer on the Developer's Property. (f) "Lot or Tract. means each separate subdivided building site as platted of record or as shown on the Development Plan which requires a Customer Installation. (g) "Master Plan. means the master plan for the City's System prepared by the City or its engineers, as amended or modified from time to time. (h) .Phase. means a part of a Developer's Property which is being or is to be developed as a unit. (i) .Plans and Specifications. means those documents and drawings prepared by a Developer's engineers for the design and construction of certain Sewage Facilities. (j) .primary Interceptor Force Main. means the transmission force main and appurtenant equipment connecting the collection Facilities to the Treatment Facilities. . (k) .primary Water Main. means the water main and appurtenant equipment connecting the distribution Facilities to the Treatment Facilities. (1) .Sewage. means water carried wastes from residences, business buildings, institutions, industrial establishments, and other customers of the City System. (m) .Sewer Captial Charges. means the charges made by the City for each new customer connection to the City's System which is designed to defray a portion of the cost of the City's System, as may be amended from time to time by the City and set forth in the City's Tariff. (n) .Sewer Service Capacity. means 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. (0) .Sewer Service. means the transmission, treatment, and disposal of Sewage in accordance with applicable governmental requirements and regulations by the City. (p) .Sewage Facilities" means all kinds of facilities including Collection, Transmission, and Treatment Facilities used to provide Sewer Service Capacity. (q) .Tariff. means 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. (r) .Water. means water treated by the City at the Treatment Facilities. (s) .Water Capital Charges" means the charges made by the City for each new customer connection to the City's System which is designed to defray a portion of the cost of the City's System, as may be amended from time to time by the City and set forth in the City's Tariff. . (t) .Water Service Capacity" means 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. (u) .Water Service" means the treatment, transmission and distribution of Water in accordance with applicable governmental requirements and regulations by the City. - 2 - (v) .Water Facilitiesn means all kinds of facilities including Distribution, Transmission, and Treatment Facilities used to provide Water Service Capacity. Section 3. Section 22-2 of Article I of Chapter 22 is hereby amended as follows: Section 22-2. Irrigation Meter Tap Fee and Capital Charge. . (a) The city bo~~d-o~-eornrni~~ion~~~ hereby authorizes the establishment of a secondary tap fee for the purposes of installing a second water meter to be used for irrigation purposes only. ~R46-~ee-sfla~~-ee-ifi-~fte-emotin~-o~-one-hnndred QeJJa~6-~~~~~~~~~-a6-~efi~-aS-~fte-p~ime~y-~ep-~ee-o~-~even-hnndred ~4~~y-ee~a~rs-~~~5~TBB7-flas-eeeft-peid. ~B+--~R46-RHReree-ee~~ar-~ee-sfte~~-ee-efte~ged-onfy-in-the 4R6~aRee-wRere-aR-4rr4~a~4eR-ffie~ef-eafi-ee-ifts~a~~ed-pafa~~e~-~o ~Re-a~reaay-e*46~4R~-~e~aB~e-wa~er-ffie~er-w4EfleHE-waEef-eepafEffieftE ~8~eeHH81-Ra~4H~-~e-4He~al~-a-6e8eHQ-ffie~er-Be*-e~-e~Rer aQa4~4eHal-4H6&al~a&4eRT ~8+--~R-6~8A-a-8a6e-WAe~e-a-6e8eHaa~Y-ffie&e~-Be*-ffiH6&-ee ~Hetal18Q-tA8~8-w~11-Q8-aH-aaa4~4eHal-~4~~y-aella~-~~9BTBQ+ e8~~~88-8Aa~~8-tA~e-ffia~~R~-tA8-te&al-~a~-Eee-eE-eRe-RHRa~ea-E4E&y dolla~.-+$130TOO+-wA8~8-adQ~t~eHal-we~k-46-~8~~4~ea-4H-e~ae~-~e ~Reta~~-tA~e-e88oRaa~Y-ffi8t8~T ~Q+--At-s~8A-a-t~m8-WA8R-&Ae-8~~y-eea~a-eE-8effiffi4664eRe~6 Q88ffie-~t-a~~~O~~~a&8-&Aa&-tA8-6e~eH-AHRa~ea-E4E~y-ee~~ar +$+3QrQQ+-t&p-t88-Q8-4R8~easeaT-~R46-6e8eRaa~y-&a~-Eee-w4~~-ee ~R8~8&e8Q-p~Ope~t~eRat8~Yr This fee shall be computed in the same manner as the meter installation fee in Section 22-42. In addition, customers installing an irrigation meter shall pay an additional water capital charge as established in Section 22-35, provided that customers installing a single 5/8 or 3/4 inch meter for residential irrigation shall be exempt from the additional water capital charge. Section 4. Section 22-3 of Article I of Chapter 22 is hereby deleted. Section 5. Section 22-4 of Article I of Chapter 22 is hereby deleted. Section 6. Section 22-4 of Article I of Chapter 22 is hereby created as follows: Section 22-4. Water and Sewer Deposits, Monthly Charges and Billing. The City Commission may establish charges, policies and schedules for water and sewer service deposits, monthly charges and billing by resolution. . Section 7. Section 22-5 of Article I of Chapter 22 is hereby deleted. Section 8. Section 22-6 of Article I of Chapter 22 is hereby deleted. Section 9. Section 22-31 of Article II of Chapter 22 is hereby amended as follows: - 3 - Sec. 22-31. 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," hereby establishes this extension policy for the purpose of creating a uniform method of determining the eeR~r4e~~4eR-4R-a4e-e~-€efiSer~€e4efi 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 water distribution system; the allocable share of an off-site water distribution system; and 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 eefte~ib~eieft~ charges to the end that all such eeRer4e~e4efts 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. Section 10. Section 22-32 of Article II of Chapter 22 of the Code is hereby amended as follows: Section 22-32. Availability. The provisions of this extension policy are available to consumers and property owners throughout the 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 9a~R-a-ta~~-~e~~~R-eR-wa~eF-~~~1~~Y-6eF~~eeT-e~eF aRg-ag@\l.9-@?8-~a~~R<9"-g9S~S-aRe-e*I?eR6e6. The term "service area" as used herein is that area defined in the adopted Water System Master Plan. Extensions to be undertaken shall be in accordance with this Article and in general conformity to the adopted v~ater System Master Plan. Section 11. Section 22-33 of Article II of Chapter 22 is hereby amended as follows: Sec. 22-33. Extensions outside Service Area. Owners, builders or developers being potential consumers, where the subject property lies outside Ocoee's existing service area, may apply to Ocoee 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; provided, however, the City may require additional ~~~ic~~~~-i~~~~~-~~s~~~~~~ capital charges should the same be reasonably required in order to maintain the same level of of economic feasibility then in effect within the existing service area; and provided, however, the City may require the subject property to be annexed into the City as a condition prerequisite to the extension of water mains. . Section 12. Section 22-34 of Article II of Chapter 22 is hereby deleted. Section 13. Section 22-34 of Article II of Chapter 22 is hereby created as follows: 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 Developer's property. - 4 - 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. . The City's requirement for the installation of oversized lines or facilities designed to provide service for other properties shall be the subject of a refunding agreement as set forth hereafter in this Ordinance. 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. Section 14. Section 22-35 of Article II of Chapter 22 is hereby deleted. Section 15. A new Section 22-35 of Article II of Chapter 22 is hereby created as follows: Section 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 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 $750.00 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. (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: Per Dwelling Unit 1.000 Commercial: Auditorium Barber/beauty shop Bowling Alley Seat 0.017 Opr. Sta. 0.300 Lane 0.333 Seat 0.100 Seat 0.167 Seat 0.050 Seat 0.067 . Food Service: Restaurant/cafeteria Restaurant (24 hours) Restaurant ("fast food") Bar/cocktail lounge Hotel, Motel (not including food service, banquet and meeting rooms, and laundries) Room 0.500 Industrial Building (not including food service; not including industrial waste flows): Without showers Employee 0.050 - 5 - Add: Employee 0.117 Per machine 1. 333 1,000 sq. feet Gross 0.334 Per Bay 1. 000 Per Wash Bay 3.200 Per Toilet Room 1. 000 Per Seat 0.010 Per Seat 0.067 Space 0.333 Per Dentist 0.833 Per Wet Chair 0.667 Per Doctor 0.833 Per Seat 0.017 Per Bed 0.833 Per Bed 0.417 With showers Laundry, Self-Service Office Building (add food service and retail space) Service Station Add: . Theater Theater (Dinner) Trailer Park (overnight) Dentist Off ice: Doctor Office Church Hospital Nursing Home Warehouse-Office: Use fixture units for warehouse and see "Office" category for calculating ERUs in that area. (Add for food service and add for retail space if applicable.) Meeting and/or Banquet Rooms Per Seat 0.017 (Total sq.ft/15 sq.ft./person x .017X # of seats) Automotive Repair and Maintenance Store Per Bay 0.250 Retail Store/Self-Service Gas Pumps Per Restroom 1. 000 (Add remaining fixture units) Extended Care Facilities Per Efficiency 0.500 . Convenience Store without Gas Pump Use fixture units Schools, Middle and High Per Student 0.067 Schools, Elementary and Nursery Per Student 0.025 (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 $750.00, times the number of - 6 - 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 $750.00, 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. Section 16. Section 22-36 of Article II of Chapter 22 is hereby amended as follows: . Sec. 22-36. Obligations of the 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 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 providing that €eR~r4a~e4efts-4ft-a4d-of ~~RS~~Y~~~~R 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. Section 17. Section 22-42 of Article II of Chapter 22 is hereby amended as follows: Section 22-42. Meter Installation Fees . (a) Ocoee will charge to each prospective consumer request- ing water service a meter installation fee set forth in the schedule below to defray eeeeeLs the city's cost of the meter, meter appurtenances and cost of installation and related administrative and overhead costs. Such meter installation fee shall be in accordance with the meter fee schedule. 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 time for the installation of a meter at anyone 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 presently incorporated into the connection fees for residential connections. This schedule establishes the minimum fee and the consumer's facility is ready for a meter set. assess such other fees as necessary to recover the installation. assumes that The city may cost of meter - 7 - Fee Schedule: ( 1 ) 5/8 inch or 3/4 inch (single residential size):--ft&-aG&L~~ft&~ $100.00 ( 2 ) I-inch 200.00 ( 3 ) 1-1/4-inch 250.00 ( 4 ) 1-1/2-inch 300.00 ( 5 ) 2-inch bronze case 900.00 . ( 6 ) 3-inch bronze case 1,350.00 ( 7 ) 4-inch bronze case 2,200.00 ( 8 ) 6-inch bronze case 5,400.00 ( 9 ) 8-inch cast iron 7,100.00 (10) 10-inch cast iron 9,500.00 Section 18. Section 22-43 of Article II of Chapter 22 is hereby amended as follows: Section 22-43. 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 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 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 *~e~*~e6-~~e-~~~~~-~~-shall charge an inspection fee not to exceed two (2) percent 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. Section 19. Section 22-45 of Article II of Chapter 22 is hereby amended as follows: . Section 22-45. Refundable Advances. The City may require, in addition to the contribution provisions set forth herein, a refundable adv-nce 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-see-fe~~h-ef~ewhere-in ~A~s-e*~eRs~eR-~e~~ey, The developer shall always be responsible for his "hydraulic share" of the cost of eff-sfee facilities. - 8 - . . 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 "o-f-f-'5-i.-t.e-u facilities may be constructed to serve the developer's property and at the same time be sized in accordance with the City Water ~~<<~e~~ee~Q~ System Master Plan. All amounts expended by the developer over and above the developer's hydraulic share for "off-e~~~" facilities shall be refunded to the developer in accordance with the terms ana-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 hydraulic share, which properties will be served by the "e~~-5i~e" facilities installed by the developer. The agreement shall also provide for a credit to the Develo~er 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 less more than seven (7) years, after which time any portion of the refund not be 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 "eff-&~~e" improvements and the developer's own hydraulic share of such improvements. ~fte-e~ey .ftarr-fioe-~nerrr~e-afty-~ftee~e~e-rrpon-the-reEcrrrd-aE-a-d~v~rcrp~r~~- etG-~a-R-C-e . Section 20. Section 22-46 of Article II of Chapter 22 is hereby amended as follows: Section 22-46. Connection Water Capital Charge Adjustment Formula; 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 theory of treatment facilities and t~~-~~ of the treatment ~i~i~~ level as prescribed by t...f1.e- ...{k -anq.e- -C-oun-t -y- ..fl.e..a..l-t-h- -depiH:'-t-me-n-t-""'ftf1"d- the S tat e 0 f F lor i d a Department of Environmental Regulation or other governmental entities with jurisdiction. The City hereby declares that the schedule of ~~~ water capital charges set forth herein may be escalated based upon increases i~~~~~-t-y-~~~~~~ arising from these factors. Section 21. Article III of Chapter 22 is hereby created as follows: ARTICLE III. SEWER SYSTEM EXTENSION Section 22-61. 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," 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 par- tially defray the cost of an on-site sewer system; the allocable share of an off-site sewer system; and allocable shares of treat- ment plant costs. The City declares that this extension policy has as its goal the establishment of a uniform method of com- puting 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. - 9 - Section 22-62. 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 be in accordance with this Article and in general conformity to the adopted Sewer System Master Plan. Section 22-63. Extensions outside service area. Owners, builders or developers being potential consumers, where the subject property lies outside Ocoee's existing service area, may apply to Ocoee for the extension of sewer lines 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; provided, however, 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; and provided, however, the city may require the subject property to be annexed into the city as a condition prerequisite to the extension of sewer lines. Section 22-63A. Agreements with Other Governments. 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 Ordinance. Section 22-64. On-Site Facilities. Each devp.loper, 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. 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, pumps, valves and all appurtenances as shown upon the approved design of such sewer system. . The City's requirement for the installation of oversized lines or facilities designed to provide service for other properties shall be the subject of a refunding agreement as set forth hereafter in this Ordinance. 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. - 10 - Section 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 sewer 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 to the benefits received. . (b) A sewer capital charge is hereby established at $2500.00 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. (c) For the purpose of calculating and imposing the sewer capital charge the ERU factor for a connection shall be as follows: ESTABLISHMENT UNIT F ac tor Residential: Per Dwelling Unit 1. 000 Commercial: Auditorium Barber/beauty shop Bowling Alley Seat Opr. Sta. Lane 0.017 0.300 0.333 Food Service: Restaurant/cafeteria Restaurant (24 hours) Restaurant ("fast food") Bar/cocktail lounge Seat Seat Seat Seat 0.100 0.167 0.050 0.067 Hotel, Motel (not including food service, banquet and meeting rooms, and laundries) Room 0.500 Industrial Building (not including food service; not including industrial waste flows): ~v'i thout showers With showers Employee Employee 0.050 0.117 . Laundry, Self-Service Per machine 1. 333 - 11 - Office Building (add food service and retail space) Add: 1,000 sq. feet Gross 0.334 Per Bay 1.000 Per Wash Bay 3.200 Per Toilet Room 1.000 Per Seat 0.010 Per Seat 0.067 Space 0.333 Per Dentist 0.833 Per Wet Chair 0.667 Per Doctor 0.833 Per Seat 0.017 Per Bed 0.833 Per Bed 0.417 Service Station Add: Theater Theater (Dinner) 4It Trailer Park (overnight) Dentist Office: Doctor Office Church Hospital Nursing Home Warehouse-Office: Use fixture units for warehouse area and see "Office" category for calculating ERUs in that area. (Add for food service and add for retail space if applicable.) Meeting and/or Banquet Rooms Per Seat 0.017 (Total sq.ft/15 sq.ft./person x .017 x # of seats) Automotive Repair and Maintenance Store Extended Care Facilities Per Bay 0.250 Per Restroom 1. 000 Per Efficiency 0.500 Use fixture units Per Student 0.067 Per Student 0.025 Retail store/Self-Service Gas Pumps Convenience Store without Gas Pump 4It Schools, Middle and High Schools, Elementary and Nursery (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 $2500.00, 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 - 12 - Standard Plumbing Code, by 25, times $2500.00, 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. Section 22-66. Obligations of the 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. Section 22-67. 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. Section 22-68. 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 agreements shall be in conflict with this extension policy, nor the City's ordinances 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 - 13 - counselor persons qualified to draft and prepare such agreements. Said charge shall not exceed that amount normally to be contemplated for such services. Section 22-69. Easements and right-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. Such grant or conveyance shall be in form satisfactory to the City Attorney. Such conveyances, when located on the property of the developer, shall be made without cost to the City. 4It Section 22-70. System design-Independent engineers. The City shall recognize the design of sewer facilities prepared by a registered professional engineer regularly engaged in the field of sanitary engineering, covering the design of a developer's on-site sewer system; provided, however, that each such design shall be fully subject to the approval of the City's engineer 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. The City shall charge a 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. All designs of sewer facilities are at all times subject to the approval of other agencies having jurisdiction over such design. Section 22-71. System Design-By the City's engineer. 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. 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 jursidiction 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 Section 22-70. Section 22-73. 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 two per cent of the cost, either actual or estimated, of the sub- ject 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 inspec- tions and testing. - 14 - section 22-74. Transfer of contributed property; bills of sale. (a) Each developer who has constructed portions of the sewer system on the developer's own property, prior to intercon- nection with the City's existing facilities, shall 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 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 developer's successors or assigns. Section 22-75. Refundable Advances. . The city may require, in addition to the contribution pro- visions 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 facilities. 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 shall be refunded to the developer 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. Notwithstanding the provisions of this - 15 - 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 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. Section 22-76. Sewer Capital charge escalation. . The basis for the capital charge schedule set forth herein has been structured by the City with regard to two 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 may be escalated based upon increases arising from these factors. Section 22. Article IV of Chapter 22 is hereby created as follows: ARTICLE IV. WATER SERVICE ALLOCATION Section 22-91. Application of Article. Consistent with any applicable enforceable contracts, the City Commission by resolution may designate a particular service area or geographic location to which it intends to provide and allocate water service capacity created by the construction or expansion of potable water facilities owned or to be owned by the City. Upon designation of such an area or location by the Commission, this article and the rules adopted hereby shall apply to the allocation of such water service capacity created by the construction or expansion of potable water facilities owned, or to be owned, by the City. Section 22-92. City water permits. The Commission hereby establishes an Ocoee water permit. Water connections to any potable water facilities which are constructed or expanded to provide water service capacity to a designated service area or geographic location pursuant to Section 22-91 hereof may be made only pursuant to a current and valid water permit issued by the City except for connections provided for in applicable enforceable contracts or agreements. Section 22-93. Water capital charges. . Ocoee Water Permits may be issued only after acceptance by the City of a complete application and upon payment of water capital charges applicable at the time of issuance of such permit, in accordance with the City rate resolutions and ordinances. The permittee must also later pay any increases in said charges for capacity previously purchased prior to the time of issuance of a building permit. Payment of water capital charges shall be by cash, certified check, or other instrument acceptable to the City. Section 22-94. Water permit application. (a) The City may designate a day (hereinafter referred to as "allocation date") when all those persons or entities (or authorized agents thereof) who own land within a designated service area or geographic location may apply and pay water capital charges or provide an irrevocable letter of credit or - 16 - other instrument acceptable to the City in the amount of said charges to the City for water service capacity created by the construction or expansion of potable water facilities owned or to be owned by the City. An applicant may enter into a Developer's Agreement for water service providing a schedule of payment and security acceptable to the City. (b) The City shall publish notice of the date, time and location for acceptance of applications and payment of applicable fees and charges in a newspaper of general circulation at least five days prior to the designated date. . (c) The City may require all information in said application that it deems reasonable and necessary, and may reject applications it deems are incomplete. Any application for an Ocoee water permit shall contain the legal description of the land constituting the area for which an Ocoee water permit is to be issued. The legal description shall include only those lands owned by the applicant (or the applicant's principal, if the applicant is an agent for the owner) for which the water permit and the water service capacity allocated thereby is to serve. Section 22-95. Allocation of water service capacity. (a) Upon the prior receipt by the City of all necessary governmental approvals, permits, licenses and certifications for the construction or expansion of any potable water treatment facilities owned or to be owned by the City which will create water service capacity intended to serve a designated service area or geographic location, the City may allocate all available, unallocated water service capacity of said potable water facilities in the order of water capital charges paid or irrevocable letters of credit or other cash equivalent provided to the City on the allocation date by applicants whose applications have been received and accepted by the City pursuant to Section 22-96 hereof. (b) The City reserves the right to evaluate applications for water permits received subsequent to the allocation date and grant such permits if in the best interest of the City. The City may assess additional water capital charges and revenue and maintenance fees which would have been collected in the interim from the allocation date for such permits. Section 22-96. Transfer of water service capacity. . The water service capacity permitted shall inure to the benefit of only the current and future owners of the property described in said water permit and the permittee may not transfer water service capacity to any other property not identified in the water permit except as provided herein. Any permittee may transfer water service capacity allocated by a water permit to purchasers of land for which the permit was issued, and upon application therefor, the City will reissue the water permit for any portion of water service capacity transferred or assigned in connection with such transfer of ownership of land. Any permittee may transfer water service capacity authorized by a water permit to lands not described in said permit provided that 1) no transfer of capacity may be made for consideration greater than transferor's initial Water Capital Charge, 2) the transferree must execute a Developer's Agreement for Water Service, and 3) the City has the right of first refusal of said capacity to be transferred. - 17 - Section 22-97. Term of water permit; revocation; sale of surplus capacity. (a) Except as provided in Subsection (b) hereof, each water permit shall be valid for a period of one year from the date of issuance. The term may be extended for seven additional successive periods of one year by payment of a Revenue and Haintenance Fee for each one year extension prior to expiration of the permit. . (b) Notwithstanding Subsection (a) above, each water permit issued by the City for which a Letter of Credit is given shall be valid for a period of one year from the date capacity is available, as determined by the City. The term may be extended as provided in Subsection (a) above. (c) Any water permit may be revoked by the City for violation of or noncompliance with provisions of said water permit, or this article, mistake of fact, or mistake of law. All fees and charges paid pursuant to Section 22-93 hereof shall, upon issuance of a water permit therefor, be nonrefundable. (d) If the permittee is unable to use all or any portion of the water service capacity allocated pursuant to a water permit, the permittee, prior to the termination of the right of said capacity, may request in writing to sell such surplus capacity back to the City. The City may buy such surplus capacity back from the permittee at the rate originally paid by the permittee for said water service capacity, without interest. The City may defer the purchase thereof until it has identified another quali- fied customer or customers located in the same designated service area and ready, willing and able to pay the fees and charges for and to use the surplus water service capacity being released by the permittee. If the City is unable to identify another custo- mer to use the surplus capacity within two years after notice from the permittee the water permit shall expire. The permittee may reapply for said permit and receive a credit for any water capital charge previously paid upon issuance of a new water permi t. Section 22-98. Responsibility for transmission and distribution costs. In addition to Section 22-93 charges, the permittee shall either provide, or pay the capital costs (including land costs) of, the required capital improvements for both: (a) The transmission of potable water from the City's primary water main to the boundaries of the property described in a water permit; and (b) The distribution of potable water within the boundaries of the property described in a water permit. . The City shall allow the permittee to connect to its primary water main at the nearest feasible point, as determined by the City. The City reserves the right to physically make the connection to the primary water main. Section 23. Article V of Chapter 22 is hereby created as follows: ARTICLE V. SEWER SERVICE ALLOCATION Section 22-111. Application of Article. Consistent with any applicable enforceable contracts, the Commission, by resolution, may designate a particular service area or geographic location to which it intends to provide and - 18 - allocate sewer service capacity created by the construction or expansion of wastewater facilities owned or to be owned by the City. Upon designation of such an area or location by the Commission, this article shall apply to the allocation of such sewer service capacity created by the construction or expansion of wastewater facilities owned or to be owned by the City. Section 22-112. City sewer permits. . The Commission hereby establishes an Ocoee Sewer Permit to be issued for sewer service capacity allocated pursuant to this Article. Sewer connections to any wastewater facilities which are constructed or expanded to provide sewer service capacity to a designated service area or geographic location pursuant to Section 22-111 hereof may be made only pursuant to a current and valid sewer permit issued by the City except for connections provided for in applicable enforceable contracts or agreements. Section 22-113. Sewer capital charges. Sewer permits may be issued only after acceptance by the City of a complete application and upon payment of all sewer capital charges applicable at the time of issuance of such permit in accordance with City rate resolutions and ordinances. The permittee must also later pay any increases in said charges for capacity previously purchased prior to the time of issuance of a building permit for the use of such capacity. Payment of sewer capital charges shall be by cash, certified check, or other instrument acceptable to the City. Section 22-114. Sewer permit application. (a) The City may designate one day (hereafter "allocation date") when all those persons or entities (or authorized agents thereof) who own land within a designated service area or geographic location may apply and pay applicable sewer capital charges or provide an irrevocable letter of credit or other instrument acceptable to the City in the amount of said charges to the City for sewer service capacity created by the construction or expansion of wastewater facilities owned or to be owned by the City on a "first come, first served" basis until all available, unallocated capacity has been purchased. An applicant may enter into a Developer's Agreement for sewer service providing a schedule of payment and security acceptable to the City. (b) The City shall publish notice of the date, time, and location for acceptance of applications in a newspaper of general circulation at least five days prior to an allocation date. . (c) The City may require all information in said application that it deems reasonable and necessary, and may reject applications it deems are incomplete. Any application for a sewer permit submitted pursuant to these rules shall contain the legal description of the land constituting the area for which a sewer permit is to be issued. The legal description shall include only those lands owned by the applicant (or the applicant's principal, if the applicant is an agent for the owner) for which the sewer permit and the wastewater service capacity allocated thereby is to serve. Section 22-115. Allocation of wastewater service capacity. (a) Upon prior receipt by the City of all necessary governmental approvals, permits, licenses, and certifications for the construction or expansion of any wastewater facilities owned or to be owned by the City which will create sewer service - 19 - capacity intended to serve a designated area or geographic location, the City may offer for purchase all such available sewer service capacity in the order of sewer capital charges paid or irrevocable letters of credit or other cash equivalent provided to the City on the allocation date by applicants whose applications have been received and accepted by the City pursuant to Section 22-114. (b) The City reserves the right to evaluate applications for sewer permits received subsequent to the allocation date and grant such permits if in the best interest of the City. The City may assess additional sewer capital charges and revenue and maintenance fees which would have been collected in the interim from the allocation date for such permits. . Section 22-116. Transfer of sewer service capacity. The sewer service capacity permitted shall inure to the benefit of only the current and future owners of the property described in said sewer permit, and the permittee may not transfer sewer service capacity to any other property not identified in the sewer permit except as provided herein. Any permittee may transfer sewer service capacity authorized by a sewer permit to purchasers of land for which the permit was issued, and upon application therefor, the City will reissue sewer permits for any portion of the sewer service capacity transferred or assigned in connection with such transfer of ownership of land. Any permittee may transfer sewer service capacity authorized by a sewer permit to lands not described in said permit provided that 1) no transfer of capacity may be made for consideration greater than the transferror's initial Sewer Capital Charge, 2) the transferee must execute a Developer's Agreement for sewer service, 3) the City has the right of first refusal of said capacity to be transferred and 4) notice is given to the Department of Environmental Regulation if a collection or transmission system permit has been issued for the use of said capacity on the lands described in said permit. Section 22-117. Term of sewer permit. (a) Except as provided in Subsection (b) hereof, each sewer permit shall be valid for a period of one year from the date of issuance. The term may be extended for seven additional successive periods of one year by payment of a Revenue and t1aintenance Fee for each one year extension prior to expiration of the permit. (b) Notwithstanding Subsection (a) above, each sewer permit issued by the City for which a letter of Credit is given shall be valid for a period of one year from the date capacity is available, as determined by the City. The term may be extended as provided in Subsection (a) above. . (c) Any sewer permit may be revoked by the City for violation of or noncompliance with provisions of said sewer permit or this article, falsification of permit application, mistake of fact, or mistake of law. All charges paid pursuant to Section 22-113 hereof shall, upon issuance of a sewer permit therefor, be nonrefundable. (d) If the permittee is unable to use all or any portion of the sewer service capacity authorized by a sewer permit, the permittee may, prior to the termination of the right to use said capacity, request in writing to sell such surplus capacity back to the City. The City may buy such surplus capacity back from the permittee at the rate originally paid by the permittee for said sewer service capacity, without interest. The City may defer the purchase thereof until it has identified another qualified customer or customers located in the same designated - 20 - service area and ready, willing and able to pay the charges for the suplus sewer service capacity being released by said permittee. If the City is unable to identify another customer to use the surplus capacity within two years after notice from the permittee the sewer permit shall expire. The permittee may reapply for said permit and receive a credit for any sewer capital charge previously paid upon issuance of a new sewer permit. Section 22-118. Responsibility for wastewater transmission and collection facilities costs. . In addition to the Section 22-113 charges, the permittee shall either provide, or pay the capital costs (including land costs) of the required capital improvements for both: (1) The collection of sewage within the boundaries of the property described in the sewer permit; and (2) The transmission of the sewage from those boundaries to the City's Primary Interceptor Force Main. The City shall allow the permittee to connect to the Main or mains at the nearest feasible point as determined by the City. The City reserves the right to physically make the connection to the City's Primary Interceptor Force main at the applicant's cost. Section 24. Article VI of Chapter 22 is hereby created as follows: ARTICLE VI. CITY REVENUE AND MAINTENANCE FEE Section 22-141. Fee adopted: calculation. The City Commission may establish by resolution a revenue and maintenance fee for each equivalent residential unit (ERU) per year. For purposes of calculating and imposing the revenue and maintenance fee, the ERU value for any particular connection shall be calculated and imposed in the manner provided for in Section 22-35 or Section 22-65 of this Code. Section 22-142. Applicability. The revenue and maintenance fee shall be paid annually by all those customers who hold City sewer or water permits in accordance with the provisions of Sections 22-97 and 22-117 herein. Section 25. 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 26. Effective Date. This Ordinance shall become effective immediately upon passage and adoption. - 21 - . . PASSED AND ADOPTED th i s 4 th ATTEST: day of October , 1988. ADVERTISED Se.,Dtember 18 , 1988. READ FIRST TIME September 6 , 1988. READ SECOND TIME AND ADOPTED October 4 , 1988 CITY3i~OEE' eOL By: ~ Thomas R. Ison, Mayor FOR USE AND RELIANCE ONLY BY THE CITY OF OCOEE, FLORIDA APPROVED AS TO FOrot AND LEGALITY: \\i THIS 7 DAY OF ccroBe.~ , 1988 FOLEY & LARDNER, VAN DEN BERG, GAY, BURKE, WILSON & ARKIN c8tb~ .-- By: 3015153(WtrOrd)(12)(10/04/88) - 22 -