HomeMy WebLinkAboutOrdinance 2003-24
ORDINANCE NO. 2003-24
AN ORDINANCE OF THE CITY OF OCOEE, FLORIDA
REPEALING ARTICLES I, II AND III OF CHAPTER 173
OF THE CODE OF ORDINANCES OF THE CITY OF
OCOEE RELATING TO WATER AND SEWERS;
ADOPTING ARTICLE I OF CHAPTER 173 RELATED TO
GENERAL TERMS, INCLUDING THE PROVISION OF
SECTION 173-4 WHICH IN SOME INSTANCES
INCREASES WATER AND SEWER RATES; ADOPTING
ARTICLE II OF CHAPTER 173 RELATED TO WATER
SYSTEM EXTENSIONS; ADOPTING ARTICLE III OF
CHAPTER 173 RELATED TO SEWER SYSTEM
EXTENSIONS; AMENDING SECTIONS 173-41.D, 173-41.E,
173.49.D AND 173-49.E OF CHAPTER 173 IN ORDER TO
CHANGE "CITY ENGINEER" TO "DIRECTOR";
AMENDING SECTIONS 173-57 AND 173-66 OF CHAPTER
173 IN ORDER TO CHANGE "UTILITIES" TO "PUBLIC
WORKS"; AMENDING SECTION 173-59 OF CHAPTER
173 IN ORDER TO CHANGE "UTILITIES DIRECTOR"
TO "DIRECTOR"; AMENDING SECTION 173-61 OF
CHAPTER 173 IN ORDER TO CHANGE WHO MAY
INSTALL, TEST AND MAINTAIN PROTECTIVE
DEVISES; PROVIDING FOR CODIFICATION;
PROVIDING FOR SEVERABILITY; PROVIDING AN
EFFECTIVE DATE.
WHEREAS, 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
Chapter 166, Florida Statutes; and
WHEREAS, the City Commission of the City of Ocoee desires to repeal
Articles I, II and III of Chapter 173 of the Code of Ordinances of the City of Ocoee, Florida
relating to Water and Sewers; and
WHEREAS, the City Commission of the City of Ocoee desires to establish new
Articles I, II, and III of Chapter 173 of the Code of Ordinances of the City of Ocoee, Florida
relating to Water and Sewers; and
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WHEREAS, the City Commission of the City of Ocoee desires to amend
Chapter 173 of the Code of Ordinances of the City of Ocoee, relating to Water and Sewers;
and
WHEREAS, notice of the revised rates have been provided to each customer of
the utility through the utility's billing process in accordance with Section 180.136, Florida
Statutes.
NOW, THEREFORE, BE IT ENACTED BY THE CITY COMMISSION
OF THE CITY OF OCOEE, FLORIDA, AS FOLLOWS:
SECTION 1. Authority. The City Commission of the City of Ocoee has the
authority to adopt this Ordinance pursuant to Article VIII of the Constitution of the State of
Florida and Chapter 166, Florida Statutes.
SECTION 2. Articles I, II and III of Chapter 173 of the Code of Ordinances are
hereby repealed in their entirety.
SECTION 3. The City Commission of the City of Ocoee hereby adopts new
Articles I, II, and III of Chapter 173 of the Code of Ordinances of the City of Ocoee, Florida
relating to Water and Sewers as set forth in Exhibit "A" attached hereto and by this reference
made part hereof.
SECTION 4. Section 173-41.D of the Code of Ordinances is hereby amended
to read as follows (with additions double-underlined and deletions stricken):
D. If, after one (1) year following an allocation date, no subsequent
allocation date has been scheduled and if water service capacity is available, that
water service capacity may be sold on a first-come-first-served basis. The first-
come-first-served basis shall be determined by the date and time the application
was received by the city. There will be an application fee of five hundred dollars
($500.) paid to the Finance Department .,,'hich shall reimburse the city for
review by the City Engineer Director and legal fees. The application fee shall
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be retained on all incomplete, erroneous, or withdrawn applications. As each
applicant is offered the opportunity to purchase capacity, the applicant shall pay
one hundred percent (100%) of the water capacity charges currently in effect.
An applicant shall be required to enter into a developer's agreement which
includes but is not limited to payment of revenue and maintenance fees, design,
construction and operation of on-site facilities, allocation and provision of water
services capacity, assignments and transfers.
SECTION 5. Section 173-41.E of the Code of Ordinances is hereby amended to
read as follows (with additions double-underlined and deletions stricken):
E. Water service capacity may be reserved and payment of water capital
charges shall be based on a reasonable estimate; provided, however, that upon
completion of final engineering plan designs, the plan shall be reviewed by the
City Engineer Director for water service capacity needs assessment and
recomputation of water capital charges shall be accomplished. If the final
engineering plans indicate that a water service capacity requirement in excess of
the water service capacity previously reserved is required, additional water
service capacity must be reserved, if available, in accordance with the allocation
methods as may be amended from time to time, and the applicant shall be
required to pay the additional capital charge in effect at time of final
engineering. Failure to pay the additional water capital charge shall result in a
forfeiture of any claim to the additional water service capacity that may have
arisen hereunder. If an applicant requires more water service capacity than is
allocated, it is the applicant's burden to cause the proposed development to be
modified with regard to and subject to the limitations of available water service
capacity, and all applicants shall state on the application form that they
understand that development plans cannot be approved unless and until adequate
water service capacity is available and allocated. All projects, whether
residential, nonresidential or mixed, shall conform to all applicable provisions
of the Land Development Code before being eligible for any certificate of
occupancy. Reservation of water service capacity shall in no way guarantee that
the subject property will be approved in any necessary review process or for any
permit or in any other approval process. No rights of any nature shall vest in
any applicant except as expressly provided.
SECTION 6. Section 173-49.D of the Code of Ordinances is hereby amended
to read as follows (with additions double-underlined and deletions stricken):
D. If, after one (1) year following an allocation date, no subsequent
allocation date has been scheduled and if sewer service capacity is available, that
sewer service capacity may be sold on a first-come-first-served basis. The first-
come- first -served basis shall be determined by the date and time the application
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was received by the city. There will be an application fee of five hundred dollars
($500.) paid to the Finance Dcpartmcnt which shall reimburse thc city for the
review by the City Enginecr Director and legal fees. The application fee shall
be retained on all incomplete, erroneous or withdrawn applications. As each
applicant is offered the opportunity to purchase capacity, the applicant shall pay
one hundred percent (100 %) of the sewer capacity charges currently in effect.
An applicant shall be required to enter into a developer's agreement which
includes but is not limited to payment of revenue and maintenance fees, design,
construction and operation of on-site facilities, allocation and provision of sewer
services capacity, assignments and transfers.
SECTION 7. Section 173-49.E of the Code of Ordinances is hereby amended to
read as follows (with additions double-underlined and deletions stricken):
E. Sewer service capacity may be reserved and payment of sewer capital
charges shall be based on a reasonable estimate; provided, however, that upon
completion of final engineering plan designs, the plan shall be reviewed by the
City Enginccr Director for sewer service capacity needs assessment and
recomputation of sewer capital charges shall be accomplished. If the final
engineering plans indicate that a sewer service capacity requirement in excess of
the sewer service capacity previously reserved is required, additional sewer
service capacity must be reserved, if available, in accordance with the allocation
methods as may be amended from time to time, and the applicant shall be
required to pay the additional capital charge in effect at time of final
engineering. Failure to pay the additional sewer capital charge shall result in a
forfeiture of any claim to the additional sewer service capacity that may have
arisen hereunder. If an applicant requires more sewer service capacity than is
allocated, it is the applicant's burden to cause his proposed development to be
modified with regard to and subject to the limitations of available sewer service
capacity, and all applicants shall state on the application form that they
understand that development plans cannot be approved unless and until adequate
sewer service capacity is available and allocated. All projects, whether
residential, nonresidential or mixed, shall conform with all applicable provisions
of the Land Development Code before being eligible for any certificate of
occupancy. Reservation of sewer service capacity shall in no way guarantee that
the subject property will be approved in any necessary review process or for any
permit or in any other approval process. No rights of any nature shall vest in
any applicant except as expressly provided.
SECTION 8. Section 173-57 of the Code of Ordinances is hereby amended to
read as follows (with additions double-underlined and deletions stricken):
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S 173-57. Inspections.
The Utilities Director or his designee shall cause inspections to be made of all
properties served by the public potable water supply where cross-connections
with the public potable water supply is deemed possible. The frequency of
inspections and reinspections based on potential health hazards involved shall be
as established by the Manual of Cross-Connection Control of the Utilities Public
Works Department of the city and in no case shall be less than once per year.
Fees or charges may be established by the city for such inspections by resolution
of the City Commission.
SECTION 9. Section 173-59 of the Code of Ordinances is hereby amended to
read as follows (with additions double-underlined and deletions stricken):
S 173-59. Discontinued service.
No water service connection shall be installed or maintained by the city unless
the consumer is in compliance with the requirements of the Cross-Connection
Control Manual. Service of water to any premises shall be discontinued if a
backflow prevention device is not installed, tested and maintained or if an
unprotected cross-connection exists on the premises. Notice shall be given to the
consumer prior to discontinuing service, except where in the judgment of the
Utilities Director or his designee, the threat to public health is such that action
must be taken immediately.
SECTION 10. Section 173-61 of the Code of Ordinances is hereby amended to
read as follows (with additions double-underlined and deletions stricken):
S 173-61. Expenses and records.
The consumer shall bear all expense of installing, testing and maintaining the
protection devices required by the Cross-Connection Control Manual to ensure
proper operation on a continuing basis. Installation, testing and maintenance of
protective devices shall be conducted by a licensed or certified personnel
approved by the city's Utilities Department Backflow Prevention Specialist.
The consumer shall notify the city's Utilities Public Works Department at least
forty-eight (48) hours in advance, in writing, when the tests are to be
undertaken so that it may have a representative witness the tests if it is so
desired. The consumer shall keep records on his testing, maintenance and repair
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actIvItIes related to cross-connection control and shall make these records
available upon request. Copies of all testing, maintenance and repair records
shall be sent to the city's Utilities Public Works Department immediately after
the work is performed.
SECTION 11. Section 173-66 of the Code of Ordinances is hereby amended to
read as follows (with additions double-underlined and deletions stricken):
DEPARTMENT -- The City of Ocoee Public Utilities Works Department.
DIRECTOR -- The Director of the Public Utilities Works Department.
SECTION 12. Codification. It is the intention of the City Commission of the
City that the provisions of this ordinance shall become and be made a part of the Code of
Ordinances of the City; and that sections of this ordinance may be renumbered or re-Iettered
and the word "ordinance" may be changed to "chapter," "section," "article," or such other
appropriate word or phrase in order to accomplish such intentions; and regardless of whether
such inclusion in the code is accomplished, sections of this ordinance may be renumbered or
re-Iettered and the correction of typographical errors which do not affect the intent maybe
authorized by the City Manager, without need of public hearing, by filing a corrected or re-
codified copy of same with the City Clerk.
SECTION 13. 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 14. Effective Date. This Ordinance shall become effective
immediately upon passage and adoption.
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PASSED AND ADOPTED this J' '1 day of 41.( ~lIt r ,2003.
(SEAL)
FOR USE AND RELIANCE ONLY
BY THE CITY OF OCOEE, FLORIDA
APPROVED AS TO FORM
AND ~GALITY
this ~ day of ftu~ ~f , 2003.
:~LE~?R 04;ftjJ_
City Attorney
006.296998.5
APPROVED:
CITY OF OCOEE, FLORIDA
;;J :SAt
ADVERTISED .j t..< L Y ':!. , 2003
READ FIRST TIME J" U LY I , 2003
READ SECOND TIME JUL'1' ~- ,
2003
READ THIRD TIME AND ADOPTED
----A-IA ~ U ~;- S- , 2003
UNDER AGENDA ITEM NO. 'fIb
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EXHIBIT A
CHAPTER 173
WATER AND SEWERS
ARTICLE I, General Provisions
9 173-1. Definitions.
The following words, phrases and terms shall have the following meanings:
COLLECTION FACILITIES -- The lines, pipes, lift stations and appurtenant equipment used
to collect sewage from the improvements on the developer's property and to transmit it to the
transmission facilities.
DIRECTOR - Director of Public Works of the City of Ocoee.
DISTRIBUTION FACILITIES -- The lines, pipes, meters and appurtenant equipment used to
distribute water from the point of production to the developer's property.
ERU -- Equivalent residential unit as that term is used in the utility's tariff, as it may be
amended from time to time.
FDEP-- The Florida Department of Environmental Protection, an agency of the State of
Florida, or any successor agency.
IMPROVEMENTS -- The improvements which will be constructed and developed by the
developer on the developer's property or by the city projects.
LOT OR TRACT -- Each separate subdivided building site as platted of record or as shown on
the development plan which requires a customer installation.
MASTER PLAN -- The Master Plan for the city's system prepared by the city or its engineers,
as amended or modified from time to time.
NON-RESIDENTIAL - Commercial, industrial, office, warehouse and/or institutional uses,
whether master metered or individually metered; and/or multi-family residential units that are
master metered.
PHASE -- A part of a developer's property which is being or is to be developed as a unit.
PLANS AND SPECIFICATIONS -- Those documents and drawings prepared by a developer's
or the city's engineers for the design and construction of certain sewage and/or waterJacilities.
PRIMARY INTERCEPTOR FORCE MAIN -- The transmission force main and appurtenant
equipment connecting the collection facilities to the treatment facilities.
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PRIMARY WATER MAIN -- The water main and appurtenant equipment connecting the
distribution facilities to the treatment facilities.
RESIDENTIAL -Single or multi-family residential units that are individually metered.
SEW AGE -- Water-carried wastes from Residential and Non-Residential customers of the city
system.
SEW AGE FACILITIES -- All kinds of facilities, including collection, transmission and
treatment facilities used to provide sewer service capacity.
SEWER CAPITAL CHARGES -- The charges made by the city for each new customer
connection to the city's sewer system, which is designed to defray a portion of the cost of the
city's sewer system, as amended from time to time by the city and set forth in the city's tariff.
SEWER SERVICE -- The transmission, treatment and disposal of sewage in accordance with
applicable governmental requirements and regulations by the city.
SEWER SERVICE CAPACITY -- 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.
TARIFF -- 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.
WATER -- Water treated by the city at the treatment facilities to be provided to customers of
the city system. This may be referred to also as "Potable Water."
WATER CAPITAL CHARGES -- The charges made by the city for each new customer
connection to the city's water system, which is designed to defray a portion of the cost of the
city's water system, as amended from time to time by the city and set forth in the city's tariff.
WATER FACILITIES -- All kinds of facilities, including distribution, transmission and
treatment facilities used to provide water service capacity.
WATER SERVICE -- The treatment, transmission and distribution of water in accordance with
applicable governmental requirements and regulations by the city.
WATER SERVICE CAPACITY -- 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.
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~ 173-2. Irrigation meter tap fee and capital charge.
The city hereby authorizes the establishment of a secondary tap fee for the purposes of
installing a second water meter, which shall be in addition to the potable water meter, to be
used for irrigation purposes only. This fee shall be computed in the same manner as the meter
installation fee in S 173-17; provided that customers installing residential irrigation meters of
three-fourth inch or less shall be exempt from the additional capital charge.
S 173-2.1
For all new and existing non-residential customers, the city may require the installation of a
second water meter to be used for irrigation purposes only.
9 173-3. 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 the meter size, type of account (Residential or Non-
Residential), whether a residence is owned or rented and proof of identification, and other
information deemed necessary by the city.
B. Each new consumer shall be required to place on deposit with the city an initial account
deposit. A consumer who does not have a deposit on account with the city may be required to
pay a deposit to the city in accordance with such policies as may from time to time be adopted
by resolution of the City Commission. The deposit is intended as security for the payment of
any bill which may be due to the city. The deposit is transferable by the same consumer to a
new service address, provided that no outstanding balance is past due. The amount of the
deposit shall be as follows:
(1) Residential:
Meter Type
3/4-inch
Owner of residence
Renter of residence
1- inch
Water Deposit
Sewer Deposit
$60.00
80.00
140.00
$60.00
80.00
140.00
(2) Non-Residential:
Meter Type
3/4-inch
1- inch
1 V2-inch
2-inch
3-inch and larger
Water Deposit Sewer Deposit
$120.00 $120.00
$300.00 $300.00
$450.00 $450.00
$520.00 $520.00
To be determined by Director
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C. The City Commission may, by resolution, provide for the accrual of interest on water
and sewer deposits and the timing and circumstances under which such interest will be paid to
consumers, the forfeiture of accrued interest on water and sewer deposits, the timing and
circumstances under which water and sewer deposits will be refunded to consumers and
interest thereon paid to consumers, the timing and circumstances under which water and sewer
deposits will be applied to the payment of any outstanding past due balances and such other
matters related to water and sewer deposits as the City Commission may determine.
9 173-4. Charges and billing.
A. The following shall be the schedule of monthly rates and charges for water and sewer
service provided by the city. Meters containing two register units shall be billed based upon
the base facility charge for the larger of the two nominal diameter flow paths, plus the sum of
the volumetric charges as determined by the current readings of each of the registers.
(1) Water.
(a) Base facility charge (zero consumption), effective for all bills issued on
or after October 1, 2003, without regard to the date of the meter reading:
Meter Type
Charge
3/4-inch
1- inch
1 1/2-inch
2- inch
3-inch
4- inch
6- inch
8-inch
10- inch
12-inch
$ 7.64
19.10
38.20
61.12
122.24
191.00
382.00
611.00
878.60
1,642.60
(b) Plus: Volumetric (gallons) charges, effective for all bills issued on or
after October 1, 2003, without regard to the date of the meter reading:
(i) Residential
NUMBER OF GALLONS CHARGE PER 1000 GALLONS
o TO 6,000 GALLONS $0.84
6,001 TO 12,000 GALLONS $1.05
12,001 TO 18,000 GALLONS $1.31
18,001 TO 24,000 GALLONS $3.28
24,001 TO 30,000 GALLONS $4.92
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$5.98
30,001 AND GREATER
(ii) Non-Residential
NUMBER OF GALLONS CHARGE PER 1000 GALLONS
o TO 6,000 GALLONS $0.84
6,001 TO 12,000 GALLONS $1.05
12,001 TO 18,000 GALLONS $1.31
18,001 TO 24,000 GALLONS $1. 97
24,001 TO 30,000 GALLONS $1. 97
30,001 GALLONS AND GREATER $1. 97
(iii) Provided, however, that if the Residential or Non-Residential customer has an irrigation
meter, then the following Volumetric (gallons) charges shall apply to all potable water which
flows through and is registered by the irrigation meter, effective for all bills issued on or after
October 1, 2003, without regard to the date of the meter reading:
NUMBER OF GALLONS CHARGE PER 1000 GALLONS
o TO 6,000 GALLONS $0.84
6,001 TO 12,000 GALLONS $1.05
12,001 TO 18,000 GALLONS $1.31
18,001 TO 24,000 GALLONS $3.28
24,001 TO 30,000 GALLONS $4.92
30,001 AND GREATER $5.98
(2) Sewer.
(a) Base facility charge (zero consumption), effective for all bills issued on
or after October 1, 2003, without regard to the date of the meter reading:
Meter Type
Charge
%-inch
1- inch
1 1/2 - inch
2-inch
3-inch
4- inch
6- inch
8- inch
lO-inch
12-inch
$13.81
34.53
69.05
110.48
220.96
345.25
690.50
1,104.80
1,588.15
2,969.15
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(b) Plus: Volumetric (gallons) charges effective for all bills issued on or
after October 1, 2003, without regard to the date of the meter reading:
(i) Residential
NUMBER OF GALLONS CHARGE PER 1000 GALLONS
o TO 12,000 GALLONS $1.98
12,001 GALLONS AND GREATER $0.00
(ii) Non-Residential
NUMBER OF GALLONS CHARGE PER 1000 GALLONS
o TO 12,000 GALLONS $1.98
12,001 GALLONS AND GREATER $1.98
(iii) Provided, however, that the Volumetric (gallons) charges set forth in (i) and (ii) above
shall not apply to potable water which flows through and is registered by an irrigation meter.
(3) The schedule of monthly rates and charges for water and sewer service provided
by the City as set forth in this Subsection A shall be applicable only to
consumers located within the corporate limits of the City. The schedule of
monthly rates and charges for water and sewer service provided by the City to
consumers outside the corporate limits of the City shall be as provided in S 173-
5.1 of this chapter.
(4) All references to "gallons" or "charges per 1000 gallons" in this Section 173-
4.A shall refer to gallons of potable water. Charges related to the consumption
of reclaimed water shall be governed by the provisions of Chapter 174 of the
Ocoee Code of Ordinances.
B. The billing period for water and sewer charges shall be monthly. All billings for water
and sewer charges shall be due and payable 15 calendar days after the date of the billing. If the
15th day falls on a weekend or holiday on which City Hall is closed, then the due date shall be
extended to the next business day. The due date shall be shown on each utility bill. Payment in
full must be made by 5:00 p.m. on the due date; otherwise, the account will be past due and
subject to a late fee as provided in section 173-4(G)(2). If an account is two months or more in
arrears, the City may terminate all water and sewer service and apply the deposits to payment
of the past due balance. Prior to restoration of service, the entire past due balance and a service
restoration charge must be paid. The service restoration charges shall be established by
resolution of the City Commission. Restoration of service will require new deposits. If
payment is made after 5:00 p.m., there will be no service restoration until the next business
day.
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C. Service to consumers located outside city limits. Water and/or sewer services may, at
the discretion of the City Commission, be provided to consumers outside the corporate limits
of the city in accordance with such policies as may from time to time be adopted by resolution
of the City Commission. Such policies may require that the land located outside the corporate
limits of the city be annexed into the city as a condition prerequisite to the providing of sewer
and/ or water service to consumers located outside of the corporate limits of the city. Rates and
charges for water and sewer service provided by the city to consumers located outside the
corporate limits of the city shall be as provided in S 173-5.1 of the Code of Ordinances of the
City of Ocoee.
D. Specific charges. The City Commission may establish by resolution specific charges to
be collected by the City from each consumer under the circumstances described in such
resolution. Such specific charges may include but shall not be limited to charges for the
following: turnon/turnoff for customer convenience; unauthorized connection penalty; fire
hydrant meter deposit; tanker fill-up/bulk water charges; tampering with meter or installation
of unauthorized bypass; fire lines; and meter testing.
E. Nonsufficient funds or returned checks. The fee for checks returned to the city for
nonsufficient funds or uncollected funds shall be established by resolution of the City
Commission. Notification will be made to the customer advising that payment in the form of
cash, money order or cashier's check must be received by the Utility Billing Department
within twenty-four (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 of a service restoration fee as provided in ~ 173-4B
above.
F. Commencing on October 1, 2004 and each October 1 thereafter, the Base Facility
Charge and Volumetric (gallons) Charges for water service and sewer service set forth in
~ 173-(A) above shall automatically increase by the greater of three percent (3 %) or the
percentage increase in the Consumer Price Index as published by the U.S. Department of
Labor Bureau of Labor Statistics from January 1 to December 31 of the previous calendar
year. This increase will apply to all bills issued after October 1 of each year without regard to
the date of the meter reading.
G. Surcharge; late fee.
(1) Sewer users with discharges which exceed maximum concentrations shall be
subject to a surcharge as set forth in S 173-70 of this chapter.
(2) All past due accounts shall be charged a late fee each month if there is any
outstanding balance due on the account after the due date. The city must have
actually received the payment by 5:00 p.m. on the due date in order to avoid the
late fee. Mailing prior to the late fee date will not be sufficient. Late fees shall
be established by resolution of the City Commission.
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~ 173-5. Reserved.
S 173-5.1. Rates and charges for consumers outside city limits.
The schedule of monthly rates and charges for water and sewer service provided by the city to
consumers located outside of the corporate limits of the city shall be the rates from time to time
established by the city for consumers inside the corporate limits of the city plus a surcharge
equal to 20 %. The surcharge shall be subsequently reduced according to the following
schedule:
Date
January 1, 2003
January 1, 2004
January 1, 2005
January 1, 2006
January 1, 2007
Reduced To
19%
18%
17%
16%
15%
S 173-5.2. Owner responsible for charges.
In the case that an occupant or tenant of any Residential or N on-Residential lot or tract shall
receive a bill for the services and facilities of the water or sewer system pursuant to this
chapter and shall fail to pay such bill by the due date, then the owner of such lot, tract or
property affected thereby shall be liable for such bill in the same manner as if issued to such
owner, and the city shall not be required to look to the occupant, tenant or any person
whatsoever other than such owner for the payment of such bill.
S 173-6. Unpaid fees to constitute lien.
In the case that an occupant or tenant of any lot or parcel shall receive a fees and charges bill
for the services and facilities of the water or sewer system pursuant to this chapter and shall
fail to pay such bill, then the owner of such lot or parcel shall be liable for such bill, and the
city shall not be required to look to any person whatsoever other than the owner for the
payment of such bill. In the event that any fees, rates or charges for the services and facilities
of the water or sewer system shall not be paid as and when due, any unpaid balance thereof,
along with all interest accruing thereon, shall be and constitute a lien on any parcel or property
affected thereby. The city may record in the public records of Orange County, Florida, a
notice of lien giving notice to all persons that the city is asserting a lien upon the affected
parcel or property. In the event that any such service charge shall not be paid as and when due
and shall be in default for 30 days or more, the unpaid balance thereof and all interest accrued
thereon, together with the costs of collection, including but not limited to attorneys' fees and
costs, may be recovered by the city in a civil action, and any such lien, accrued interest and
any additional costs may be foreclosed or otherwise enforced by the city by action or suit in
equity as for the foreclosure of a mortgage on real property.
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S 173-6.1. Applicability outside city limits.
Except as expressly set forth in this chapter, the provisions of this Chapter 173 shall be
applicable to the provision of water and sewer services by the city both within the corporate
limits of the city and outside the corporate limits of the city.
9 173-6.2. Water and sewer service areas.
A. The City and Orange County have established water and sewer territorial areas pursuant
to the terms and conditions of that certain Orange County/City of Ocoee Water Service
Territorial Agreement (Contract No. W-88-06) dated November 14, 1988, as from time to time
amended (the "Water Service Territorial Agreement"), and that certain Orange County/City of
Ocoee Sewer Service Territorial Agreement (Contract No. S-87-8) dated June 8, 1987, as from
time to time amended (the "Sewer Service Territorial Agreement"), respectively. The water
territorial area as defined in the Water Service Territorial Agreement shall constitute the city's
"water service area." The sewer territorial area as defined in the Sewer Service Territorial
Agreement shall constitute the city's "sewer service area."
B. The city shall not provide water service outside of the water service area established by
the Water Service Territorial Agreement, except to the extent expressly set forth therein or
authorized pursuant to the terms thereof, without regard to whether or not the lands outside of
said water service area are within the corporate limits of the city.
C. The city shall not provide sewer service outside of the sewer service area established by
the Sewer Service Territorial Agreement, except to the extent expressly set forth therein
authorized pursuant to the terms thereof, without regard to whether or not the lands outside of
said sewer service area are within the corporate limits of the city.
D. The City Commission may, from time to time, adopt by resolution policies with respect
to the provision of sewer and water service within the corporate limits ofthe city so as to be in
compliance with the provisions of the Water Service Territorial Agreement and the Sewer
Service Territorial Agreement.
ARTICLE II, Water System Extension
S 173-7. 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" or the "city water
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 water 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 the
allocable share 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 charges to the
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end that all such 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.
9 173-8. Availability.
The provisions of this extension policy are available to consumers and property owners
throughout the water 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. The term "water service area" as used herein is that area defined as the
city's water service area in the adopted comprehensive plan of the City of Ocoee, as may be
amended from time to time.
9 173-9. Reserved
9 173-10. On-site facilities.
A. 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 the developer's
property.
B. 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.
C. In the event the city requires the installation of oversized lines or facilities designed to
provide service for other properties then the city shall pay for the cost of such oversizing by
means of a direct cash payment by the city to the developer or a credit against water=capital
charges otherwise to be paid by the developer. 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.
S 173-11. Water capital charges.
A. The intent of this section is to establish charges for the purpose of compensating the
city for costs incurred in providing water treatment facilities and in extending water
distribution and transmission lines to a point of reasonable availability for connection to the
city water system. The charges shall be computed on the basis of real property use, zoning and
size in approximate proportion to the benefits received. The determination of the point of
reasonable availability for connection to the city water system shall be determined in
accordance with policies from time to time established by the city. As set forth in this chapter,
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the developer may incur additional charges and expenses in order to obtain water service,
which charges and expenses are not defrayed by its payment of water capital charges. Nothing
contained in this Chapter shall be construed to obligate the city to extend water services to any
lands within its water service area.
B. A water capital charge is hereby established at nine hundred sixty-six dollars ($966.)
per equivalent residential unit (ERU). Those persons, corporations or entities which have
previously prepaid the existing water connection charge or who have entered into an agreement
with the city providing credits against the water connection charge shall be exempt from
paying this water capital charge. The amount of credit shall not exceed the amount prepaid or
the approved credit authorized in the developer's agreement.
C. For the purpose of calculating and imposing the water capital charge, the ERU factor
for any particular connection shall be calculated and imposed in the manner provided as
follows:
ESTABLISHMENT Unit Factor
RESIDENTIAL PROJECTS
Duplex (1-2 Bedrooms) Per Unit 0.833
Duplex (3 or more Bedrooms) Per Unit 1.000
Mobile Home (1-2 Bedrooms) Per Unit 0.667
Mobi Ie Home (3 or more Per Unit 0.833
bedrooms)
Multifamily, Efficiency (Less than Per Unit 0.500
500 sf)
Multifamily, (1 bedroom units) Per Unit 0.583
!(See Note 9)
Multifamily, (2 bedroom units) Per Unit 0.833
I(See Note 9)
Multifamily, (3 or more bedroom Per Unit 1.000
units) (See Note 9)
Single Familv Residence Per Unit 1.000
NON-RESIDENTIAL PROJECTS
Animal Kennels Per Kennel Run 0.160
Auditorium Per Seat 0.017
Automotive Repair & Per Repair Bay 0.250
Maintenance
Bar / Cocktail Lounge Per Seat 0.067
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Barber IBeauty Shop Per Operator Station 0.300
Bowling Alley Per Lane 0.330
Church Per Seat 0.017
Convenience Store (No Gas By FU See FU
Pumps) Table
Below
Dentist Office Per Dentist 0.833
Extended Care Facilities Per Efficiency 0.500
Hospital Per Bed 0.833
Hotel/Motel (See Note 1) Per Room 0.500
Hotel/Motel Suites, 1 Bedroom Per Unit 0.583
I(See Note 1)
Hotel/Motel Suites, 2 Per Unit 0.833
Bedrooms(See Note 1)
Hotel I Motel Suites, 3 or more Per Unit 1.000
Bedrooms (See Note 1)
Industrial Buildings ( See Note Per Employee 0.117
2) with showers
Industrial Buildings ( See Note Per Employee 0.050
2) without showers
Landscape Irrigation Per 1,000 SF 0.125
Laundry, Self Service Per Machine 1.333
Medical Office (formerly: Per Doctor 0.833
Doctor's Office)
Meeting & Banquet Rooms Per Seat 0.017
Nursing Home Per Bed 0.417
Office Building ( See Note 3) Per 1,000 SF, gross 0.334
Restaurant (Cafeteria), Full Per Seat 0.100
Service
Restaurant, 24 hour Per Seat 0.167
Restaurant, Fast Food Per Seat 0.050
Retail Spaces By FU See FU
Table
Below
Schools, Elementary & Nursery Per Student 0.025
Schools, Middle & High Per Student 0.067
Self Service Gas Station (See Per Toilet Room 1.000
Note 5)
Service Station (See Note 6) Per Toilet Room 1.000
Service Station (See Note 6) Per Service Bay 1.000
Service Station (See Note 6) Per Wash Bay 3.200
Theater Per Seat 0.010
Theater (Dinner) Per Seat 0.067
Trailer Park (overnight) Per Space 0.333
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Warehouse Space (See Note 4) By FU See FU
Table
Below
NOTES
1. Hotels and motels: add food service, banquet & meeting rooms, and self service
laundries.
2. Add food service; does not include industrial waste flows which are calculated on
Fixture Unit (FU) basis.
3. Office buildings: add food service and retail space.
4. Warehouses: add office space, food service, and retail space.
5. Self service gas stations: add Fixture Units (FU).
6. Service (gasoline) Stations: add the total of ERU factors for all service bays, wash
bays (not recycled) and toilet rooms. Automatically recycled vehicle washing systems
require a professional engineer's signed and sealed estimate of capacity usage.
7. See Fixture Unit (FU) calculations on FU Table below.
8. Ocoee requires a minimum of 1.000 ERU per each separate commercial
establishment.
9. Multi-family projects based upon units only; no additional capital charges for
laundries, pool, or management offices.
Capacity Demand Based Upon Fixture Units (FU)
Type of Fixture Fixture ERU
Units
NON-RESIDENTIAL PROJECTS (FU) Factor
Drains, condensate 1.0 0.083
Drains, floor & fixtures not listed: 1 1/4 1.0 0.083
inch trap
Drains, floor & fixtures not listed: 1 1/2 2.0 0.167
inch trap
Drains, floor & fixtures not listed: 2 inch 3.0 0.250
trap
Drains, floor & fixtures not listed 2 1/2 4.0 0.333
inch trap
Drains, floor & fixtures not listed: 3 inch 5.0 0.417
trap
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Drains, floor & fixtures not listed: 4 inch 6.0 0.500
trap
Drinking Fountain 0.5 0.042
Laundry Tray 2.0 0.167
Lavatory, large drain (greater 2.0 0.167
than 1-1/4 inch trap)
Lavatory, small drain (1-1/4 inch 1.0 0.083
trap)
Showers (per head) 3.0 0.250
Sink, combination (food service) 3.0 0.250
Sink, combination (garbage 4.0 0.333
grinder)
Sink, compartmented (2) 3.0 0.250
Sink, compartmented (3) 4.0 0.333
Sink, flushing rim 8.0 0.667
Sink, service (mop/ianitor) 3.0 0.250
Sink, service ("p" trap) Hand) 2.0 0.167
Sink, (pot, scullery, etc.) 4.0 0.333
Urinal 4.0 0.333
Washing Machine (Non coin Varies Varies
laundry) by drain size above
Water Closet, public 6.0 0.500
RESIDENTIAL PROJECTS
(requiring larger than 5/8" meter)
Bathroom Group 6.0 0.500
(water closet,
lavatory. bathtu b/ shower)
Bath, Half 4.0 0.333
Dishwasher 2.0 0.167
Drains (by drain size above) Varies Varies
Lavatory 4.0 0.333
Shower Stall 3.0 0.250
Sink, kitchen 2.0 0.167
Sink, kitchen (garbage 3.0 0.250
grinder /dishwasher)
Sink, laundry 2.0 0.167
Washer, clothes (by drain size, Varies Varies
above)
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NOTES
1. Continuous and semi-continuous flows (pumps, air conditioning systems, etc.) are 2.0
FU er allon er minute m of flow.
D. One (1) ERU shall have an assigned value of one (1.00). One (1) ERU is hereby
established and determined to be equal to a flow of three hundred (300) gallons per day (GPD),
average annual basis. The water capital charge shall be determined by multiplying the ERU
factor listed in Subsection C above times nine hundred sixty-six dollars ($966.), times the
number of units.
E. 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 twenty-five (25), times nine hundred sixty-six dollars ($966.), and dividing
that numerator by three hundred (300) GPD/ERU; provided, however, all such establishments
shall have a minimum ERU value of one (1.00).
F. The water capital charge shall be paid prior to the execution by the city of the FDEP
construction application, but in no event later than the issuance of the building permit.
G. Requested decreases and revised charges.
(1) An applicant may submit data and other information on actual usage, anticipated
usage, peak load requirements or a combination of the foregoing to the Director
to support a requested decrease in the total equivalent residential unit value. The
Director may use this information to determine a revised total ERU value,
which may be less than or greater than that established by Subsection C above,
and which will be used to determine a revised water capital charge. In either
case, the applicant shall pay the revised water capital charge instead of the water
capital charge established by Subsection C above.
(2) Alternatively, an applicant may pay the water capital charge as established by
Subsection C above and, after one (1) year of operation, submit one (1) year's
data on actual usage to the Director for review. The Director may use this
information to determine a total ERU value, which may be less than or greater
than that established by Subsection C above, and which will be used to
determine a revised water capital charge. If the applicant desires to use this
alternative method of calculation, the applicant must advise the Director of such
determination prior to the payment of the water capital charge.
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S 173-12. Obligations of 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, provided
that 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.
S 173-13. 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 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 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 water distribution facilities or which could
necessitate a new design or redesign of water distribution plans.
S 173-14. 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 plumber's 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 water services; 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 or the city's ordinances and resolutions governing rates, fees and charges for
services and other requirements regarding the rendition of water utility service. The city may
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require that the developer, in addition to the contribution formulas set forth herein, bear the
cost of the preparation of developer agreements by independent counselor persons qualified to
draft and prepare such agreements. Said charge shall not exceed that amount normally to be
contemplated for such services.
9 173-15. Easements and rights-of-way.
As a prerequisite to the construction of any water distribution system proposed to be connected
to the facilities of the city, the developer shall grant to the city easements or rights-of-way
corresponding with the installation of the proposed facilities. Such grant or conveyance shall be
in a form satisfactory to the City Attorney. All such easements or rights-of-way shall be in a
form acceptable to the city. Such conveyances when located on the property of the 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 the consumers
on installation.
9 173-16. System design; independent engineers; city's engineer.
A. The city shall recognize the design of water facilities prepared by a registered
professional engineer regularly engaged in the field of civil engineering, covering the design of
a developer's on-site water distribution system and any off-site facilities which may be required
by the city; provided, however, that each such design shall be fully subject to the approval of
the Director 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. In addition to other fees and charges, the city reserves the right to charge a
review 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. Any
such review fee shall be in accordance with resolutions adopted by the City Commission. All
designs of water distribution facilities are at all times subject to the approval of other agencies
having jurisdiction over such design.
B. The city maintains a relationship with its consulting engineer to provide utility design
services to developers for the purpose of facilitating the design of a developer's on-site water
distribution system and any off-site facilities which may be required by the city. 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 jurisdiction 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 Subsection A.
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9 173-17. Meter installation fees.
A. Ocoee will charge to each prospective consumer requesting water service a meter
installation fee to defray the city's cost of the meter and meter appurtenances and the cost of
installation and related administrative and overhead costs. Such meter installation fee shall be
in accordance with the meter installation fee schedule established by resolution of the City
Commission. 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 (1) time for the installation of a meter at anyone (1) 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.
B. Meter Installation Fees. Meter installation fees as adopted by resolution of the City
Commission are minimum fees and assume that the consumer's facility is ready for a meter set.
The Director may assess such other fees as necessary to recover the cost of meter installation.
9 173-18. 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 waterlines 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 shall charge an inspection fee not to exceed three percent (3 %) 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.
S 173-19. Transfer of contributed property; bills of sale.
A. Each developer who has constructed portions of the water distribution system on the
developer's own property or on other property with respect to any required off-site facilities
shall, prior to interconnection with the city's existing facilities, convey such component parts
of the water distribution 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 water distribution
system proposed to be transferred to the city is free of all liens and encumbrances.
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006.296998.5
B. Any facilities in the category of consumer's lines or plumber's lines 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 the developer, a subsequent
owner-occupant or their successors and assigns. Such consumer's lines or plumber's 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 water
distribution 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 accepted for use by the FDEP 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 water distribution 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.
S 173-20. Off-Site facilities; Refundable advances.
A. There are properties within the city's water service area where the city does not have in
place the off-site water infrastructure facilities necessary to connect a developer's property to
the city water system. In these cases it may be necessary to undertake the 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 System Master Plan.
Nothing in this Chapter shall be construed to require the city to extend any such off-site
facilities to a developer's property or to enter into a refunding agreement or reimbursement
agreement should a developer or others elect to undertake any such extension.
B. When a developer seeks water service for property for which the city does not have in
place the off-site water infrastructure facilities necessary to connect such property to the city
water system, the city may require, in addition to the contribution provisions set forth herein,
that the developer pay (without any credits against the applicable water capital charges) the
entire cost of any extension of off-site facilities necessary to connect the developer's property
with the then terminus of the Ocoee water system in compliance with the City Water System
Master Plan.
C. As an alternative to the developer's payment of the entire cost of extension of such off-
site water facilities, the developer may request that the city and other property owners
potentially benefited by such extension enter into a funding or reimbursement agreement to
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006.296998.5
equitably allocate the cost of any such extension among the benefited properties, which
agreement shall be in addition to the contribution provisions set forth herein. The city may
accept or reject any proposed agreement which may be presented to share the cost of such
extensions as aforesaid. If the city elects to accept such an agreement, it shall be on terms and
conditions acceptable to the city in its discretion.
D. As another alternative to the developer's payment of the entire cost of extension of such
off-site water facilities, the developer may request that the city enter into a refunding
agreement whereby the refundable advance is made 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 System Master Plan. The city may accept or reject any such
proposed refunding agreement. If the city elects to accept such a refunding agreement, it shall
be on terms and conditions acceptable to the city and shall be consistent with the requirements
of this subsection. Any such refunding agreement shall include the following as the minimum
provisions thereof: (i) The developer shall always be responsible for his hydraulic share of the
cost of such facilities, as determined by the city; (ii) 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; (iii) 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; (iv) The city may limit the life of
such refund agreement to a term of not 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 canceled; (v) 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; (vi) The
city shall not include any interest upon the refund of a developer's advance; (vii) If the city
advances any of the costs of such off-site facilities, the city shall be reimbursed in full before
any payment is made to the developer; (viii) The refunding agreement shall contain a sketch or
legal description of the benefited properties; and (ix) The refunding agreement shall be
recorded in the public records of Orange County, Florida. If the city enters into a refunding
agreement as aforesaid then a developer or property owner who makes use of such off-site
facilities provided by another developer under the terms of this section shall be required to pay
the city for a portion of the costs of such off-site facilities based upon his 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
that the developer has been fully reimbursed by the city or in the event that the reimbursement
obligation of the city has lapsed under the terms of the refund agreement.
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9 173-21. Connection water capital charge adjustment; escalation.
The basis for the water capital charge schedule set forth herein has been structured by the city
with regard to two (2) major but variable factors. First, the present level of construction costs
of water distribution and water treatment plant facilities; second, the treatment facilities and
treatment levels as prescribed by the State of Florida Department of Environmental Protection
or other governmental entities with jurisdiction. The city hereby declares that the schedule of
water capital charges set forth herein shall be escalated based upon increases arising from these
factors as set forth and identified in the Engineering News Record (ENR) Construction Cost
Index as established on January 1 of each year. The water capital charges shall be
automatically adjusted annually by the percentage change in the ENR Construction Cost Index
as established on January 1 of each year.
S 173-21.1. Water capital charges for consumers outside city limits.
The water capital charges established by 9173-11, as from time to time adjusted pursuant to
~173-21, shall be applicable only to consumers located within the corporate limits of the city.
The water capital charges for consumers outside the corporate limits of the city shall be the
water capital charges from time to time established by the city for consumers inside the
corporate limits of the city plus a surcharge equal to that surcharge established in ~ 173-5.1
above.
9 173-22. Availability of copies of policy.
Copies of this extension policy shall be maintained at the Ocoee water system's offices and
shall be available to all prospective consumers upon request, either in person or by mail,
addressed to the city.
ARTICLE III, Sewer System Extension
9 173-23. 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" or the "city 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 partially defray the cost of an on-site sewer system, the
allocable share of an off-site sewer system and the 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 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.
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S 173-24. 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
comprehensive plan of the City of Ocoee, as may be amended from time to time.
9 173-25. Reserved
9 173-26. Agreements with other municipalities.
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 chapter.
9 173-27. On-site facilities.
A. Each developer, 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.
B. 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, pump
stations, valves and all appurtenances as shown upon the approved design of such sewer
system.
C. In the event the city requires the installation of oversized lines or facilities designed to
provide service for other properties then the city shall pay for the cost of such oversizing by
means of a direct cash payment by the city to the developer or a credit against water capital
charges otherwise to be paid by the developer. 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.
9 173-28. Sewer capital charges.
A. The intent of this section is to establish fees for the purpose of compensating the city
for costs incurred in providing sewage treatment facilities, effluent disposal facilities and
pumping stations and extending sewage collection lines to a point of reasonable availability for
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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. The
determination of the point of reasonable availability for connection to the city sewer system
shall be determined in accordance with policies from time to time established by the city. As
set forth in this chapter, the developer may incur additional charges and expenses in order to
obtain sewer service, which charges and expenses are not defrayed by its payment of sewer
capital charges. Nothing contained in this Chapter shall be construed to obligate the city to
extend sewer services to any lands within its sewer system territory.
B. A sewer capital charge is hereby established at two thousand eight hundred sixty-five
dollars ($2,865.) per equivalent residential unit (ERU). Those persons, corporations or entities
which have previously prepaid the existing sewer capacity charges or who prepaid sewer
capacity charges to Prima Vista Utility Company, Inc., (PVU) which were transferred from
PVU to the city pursuant to the agreement between PVU and the city dated December 3, 1987,
shall be exempt from paying this sewer capital charge. The exemption or credit shall equal the
amount prepurchased or transferred as authorized in the Prima Vista package/sale agreement.
C. For the purpose of calculating and imposing the sewer capital charge, the ERU factor
for any particular connection shall be calculated and imposed in the manner provided as
follows:
ESTABLISHMENT Unit Factor
RESIDENTIAL PROJECTS
Duplex (1-2 Bedrooms) Per Unit 0.833
Duplex (3 or more Bedrooms) Per Unit 1.000
Mobile Home (1-2 Bedrooms) Per Unit 0.667
Mobi Ie Home (3 or more Per Unit 0.833
bedrooms)
Multifamily, Efficiency (Less than Per Unit 0.500
500 sf)
Multifamily, (1 bedroom units) Per Unit 0.583
ISee Note 9)
Multifamily, (2 bedroom units) Per Unit 0.833
ISee Note 9)
Multifamily, (3 or more bedroom Per Unit 1.000
units) (See Note 9)
Single Familv Residence Per Unit 1.000
NON-RESIDENTIAL PROJECTS
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Animal Kennels Per Kennel Run 0.160
Auditorium Per Seat 0.017
Automotive Repair & Per Repair Bay 0.250
Maintenance
Bar / Cocktail Lounge Per Seat 0.067
Barber /Beauty Shop Per Operator Station 0.300
Bowling Alley Per Lane 0.330
Church Per Seat 0.017
Convenience Store (No Gas By FU See FU
Pumps) Table
Below
Dentist Office Per Dentist 0.833
Extended Care Facilities Per Efficiency 0.500
Hospital Per Bed 0.833
Hotel/Motel (See Note 1) Per Room 0.500
Hotel I Motel Suites, 1 Bedroom Per Unit 0.583
I(See Note 1)
Hotel/Motel Suites, 2 Per Unit 0.833
Bedrooms(See Note 1)
Hotel/Motel Suites, 3 or more Per Unit 1.000
Bedrooms (See Note 1)
Industrial Buildings ( See Note Per Employee 0.117
2) with showers
Industrial Buildings ( See Note Per Employee 0.050
2) without showers
Landscape Irrigation Per 1,000 SF 0.125
Laundry, Self Service Per Machine 1.333
Medical Office (formerly: Per Doctor 0.833
Doctor's Office)
Meeting & Banquet Rooms Per Seat 0.017
Nursing Home Per Bed 0.417
Office Building ( See Note 3) Per 1,000 SF, gross 0.334
Restaurant (Cafeteria), Full Per Seat 0.100
Service
Restaurant, 24 hour Per Seat 0.167
Restaurant, Fast Food Per Seat 0.050
Retail Spaces By FU See FU
Table
Below
Schools, Elementary & Nursery Per Student 0.025
Schools, Middle & High Per Student 0.067
Self Service Gas Station (See Per Toilet Room 1.000
Note 5)
Service Station (See Note 6) Per Toilet Room 1.000
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Service Station (See Note 6) Per Service Bay 1.000
Service Station (See Note 6) Per Wash Bay 3.200
Theater Per Seat 0.010
Theater (Dinner) Per Seat 0.067
Trailer Park (overnight) Per Space 0.333
Warehouse Space (See Note 4) By FU See FU
Table
Below
NOTES
1. Hotels and motels: add food service, banquet & meeting rooms, and self service
laundries.
2. Add food service; does not include industrial waste flows which are calculated on
Fixture Unit (FU) basis.
3. Office buildings: add food service and retail space.
4. Warehouses: add office space, food service, and retail space.
5. Self service gas stations: add Fixture Units (FU).
6. Service (gasoline) Stations: add the total of ERU factors for all service bays, wash
bays (not recycled) and toilet rooms. Automatically recycled vehicle washing systems
require a professional engineer's signed and sealed estimate of capacity usage.
7. See Fixture Unit (FU) calculations on FU Table below.
8. Ocoee requires a minimum of 1.000 ERU per each separate commercial
establishment.
9. Multi-family projects based upon units only; no additional capital charges for
laundries, pool, or management offices.
Capacity Demand Based Upon Fixture Units (FU)
Type of Fixture Fixture ERU
Units
NON-RESIDENTIAL PROJECTS (FU) Factor
Drains, condensate 1.0 0.083
Drains, floor & fixtures not listed: 1 1/4 1.0 0.083
inch trap
Drains, floor & fixtures not listed: 1 1/2 2.0 0.167
inch trap
Drains, floor & fixtures not listed: 2 inch 3.0 0.250
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trap
Drains, floor & fixtures not listed 2 1/2 4.0 0.333
inch trap
Drains, floor & fixtures not listed: 3 inch 5.0 0.417
trap
Drains, floor & fixtures not listed: 4 inch 6.0 0.500
trap
Drinking Fountain 0.5 0.042
Laundry Tray 2.0 0.167
Lavatory, large drain (greater 2.0 0.167
than 1-1/4 inch trap)
Lavatory, small drain (1-1/4 inch 1.0 0.083
trap)
Showers (per head) 3.0 0.250
Sink, combination (food service) 3.0 0.250
Sink, combination (garbage 4.0 0.333
Igrinder)
Sink, compartmented (2) 3.0 0.250
Sink, compartmented (3) 4.0 0.333
Sink, flushing rim 8.0 0.667
Sink, service (mop/janitor) 3.0 0.250
Sink, service ("p" trap) (Hand) 2.0 0.167
Sink, (pot, scullery, etc.) 4.0 0.333
Urinal 4.0 0.333
Washing Machine (Non coin Varies Varies
laundry) by drain size above
Water Closet, public 6.0 0.500
RESIDENTIAL PROJECTS
(requiring larger than 5/8" meter)
Bathroom Group 6.0 0.500
(water closet,
lavatory. bathtu b/ shower)
Bath, Half 4.0 0.333
Dishwasher 2.0 0.167
Drains (by drain size above) Varies Varies
Lavatory 4.0 0.333
Shower Stall 3.0 0.250
Sink, kitchen 2.0 0.167
Sink, kitchen (garbage 3.0 0.250
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rinder Idishwasher
Sink, laundr
Washer, clothes (by drain size,
above
2.0
Varies
0.167
Varies
NOTES
1. Continuous and semi-continuous flows (pumps, air conditioning systems, etc.) are 2.0
FU er allon er minute m of flow.
D. One (1) ERU shall have an assigned value of one (1.00). One (1) ERU is hereby
established and determined to be equal to a flow of two hundred seventy (270) gallons per day
(GPD), average annual basis. The sewer capital charge shall be determined by multiplying the
ERU factor listed in Subsection C above times two thousand eight hundred sixty-five dollars
($2,865.), times the number of units.
E. For all establishments not listed in Subsection C above, the sewer capital charge shall
be determined by multiplying the number of fixture units, as published in the Standard
Plumbing Code, by twenty-five (25), times two thousand eight hundred sixty-five dollars
($2,865.), and dividing that numerator by two hundred seventy (270) GPD/ERU; provided,
however, all such establishments shall have a minimum ERU value of one (1.00).
F. The sewer capital charge shall be paid prior to the execution by the city of the FDEP
sewer construction application, but in no event later than the issuance of the building permit.
G. Requested decreases and revised charges.
(1) An applicant may submit data and other information on actual usage, anticipated
usage, peak load requirements or a combination of the foregoing to the Director
to support a requested decrease in the total equivalent residential unit value. The
Director may use this information to determine a revised total ERU value,
which may be less than or greater than that established by Subsection C above,
and which will be used to determine - a revised sewer capital charge. In either
case, the applicant shall pay the revised sewer capital charge instead of the
sewer capital charge established by Subsection C above.
(2) Alternatively, an applicant may pay the sewer capital charge as established by
Subsection C above and, after one (1) year of operation, submit one (1) year's
data on actual usage to the Director for review. The Director may use this
information to determine a total ERU value, which may be less than or greater
than that established by Subsection C above, and which will be used to
determine a revised sewer capital charge. If the applicant desires to use this
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alternative method of calculation, the applicant must advise the Director of such
determination prior to the payment of the sewer capital charge.
S 173-29. Obligations of 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.
9 173-30. 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.
S 173-31. 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 agreement shall be in conflict with this extension policy or the
city's ordinances and resolutions 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
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agreements by independent counselor persons qualified to draft and prepare such agreements.
Said charge shall not exceed that amount normally to be contemplated for such services.
9 173-32. Easements and rights-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 easements or rights-of-way
corresponding with the installation of the proposed facilities. All such easements or rights-of-
way shall be in a form acceptable to the city. Such grant or conveyance shall be in a form
satisfactory to the City Attorney. Such conveyances when located on the property of the
developer shall be made without cost to the city.
9 173-33. System design; independent engineer; city's engineer.
A. The city shall recognize the design of sewer facilities prepared by a registered
professional engineer regularly engaged in the field of civil engineering, covering the design of
a developer's on-site sewer system and any off-site improvements which may be required by
the city; provided, however, that each such design shall be fully subject to the approval of the
Director 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.
In addition to other fees and charges, the city shall charge a review 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. Any such review fee shall be in accordance
with resolutions approved by the City Commission. All designs of sewer facilities are at all
times subject to the approval of other agencies having jurisdiction over such design.
B. 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 and any off-site improvements which may be required by the city. 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 jurisdiction 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 Subsection A.
S 173-34. 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
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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 three percent (3 %) of the cost,
either actual or estimated, of the subject 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
inspections and testing.
9 173-35. Transfer of contributed property; bills of sale.
A. Each developer who has constructed portions of the sewer system on the developer's
own property or other property with respect to any required off-site facilities shall, prior to
interconnection with the city's existing facilities, 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 accepted for use by the FDEP 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 the developer's successors or assigns.
9 173-36. Off-Site facilities; Refundable advances.
A. There are properties within the city's sewer service area where the city does not have in
place the off-site sewer infrastructure lines and facilities necessary to connect a developer's
property to the city sewer system. In these cases it may be necessary to undertake the extension
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of sewage lines and facilities necessary to connect the developer's property with the city sewer
system and the primary interceptor force main in compliance with the City Sewer System
Master Plan. Nothing in this Chapter shall be construed to require the city to extend any such
off-site lines and facilities to a developer's property or to enter into a refunding agreement or
reimbursement agreement should a developer or others elect to undertake any such extension of
lines and facilities; provided, however, that whenever a developer or others undertake any such
extension of off-site lines and facilities the city may require the installation of oversized lines
or facilities to provide service for other properties, in which case the city shall be responsible
for the cost of any such oversized lines or facilities to the extent and in the manner provided
for in ~ 173-27 hereof.
B. When a developer seeks sewer service for property for which the city does not have in
place the off-site sewer infrastructure lines and facilities necessary to connect such property to
the city sewer system, the city may require, in addition to the contribution provisions set forth
herein, that the developer pay (without any credits against the applicable sewer capital charges)
the entire cost of any extension of off-site sewage lines and facilities necessary to connect the
developer's property with the city sewer system and its primary interceptor force main in
compliance with the City Sewer System Master Plan, subject to the provisions of ~ 173-27 and
~ 173- 36A regarding oversized lines and facilities.
C. As an alternative to the developer's payment of the entire cost of extension of such off-
site sewer lines and facilities, the developer may request that the city and other property
owners potentially benefited by such extension enter into a funding or reimbursement
agreement to equitably allocate the cost of any such extension among the benefited properties,
which agreement shall be in addition to the contribution provisions set forth herein. The city
may accept or reject any proposed agreement which may be presented to share the cost of such
extensions as aforesaid. If the city elects to accept such an agreement, it shall be on terms and
conditions acceptable to the city in its discretion.
D. As another alternative to the developer's payment of the entire cost of extension of such
off-site sewer lines and facilities, the developer may request that the city enter into a refunding
agreement whereby the refundable advance is made by the developer to further temporarily
defray the cost of any off-sit extension of sewage lines and facilities necessary to connect the
developer's property to the city sewer system and the primary interceptor force main in
compliance with the City Sewer System Master Plan. The city may accept or reject any such
proposed refunding agreement. If the city elects to accept such a refunding agreement, it shall
be on terms and conditions acceptable to the city and shall be consistent with the requirements
of this subsection. Any such refunding agreement shall include the following as the minimum
provisions thereof: (i) The developer shall always be responsible for his proportionate share of
the cost of such lines and facilities, as determined by the city; (ii) 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; (iii) 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
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by the facilities installed by the developer; (iv) The city may limit the life of such refund
agreement to a term of not 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 canceled; (v) 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; (vi) The
city shall not include any interest upon the refund of a developer's advance; (vii) If the city
advances any of the costs of such lines and facilities, the city shall be reimbursed in full before
any payment is made to the developer; (viii) The refunding agreement shall contain a sketch or
legal description of the benefited properties; and (ix) The refunding agreement shall be
recorded in the public records of Orange County, Florida. If the city enters into a refunding
agreement as aforesaid then a developer or property owner who makes use of lines and
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 that the developer has been
fully reimbursed by the city or in the event that the reimbursement obligation of the city has
lapsed under the terms of the refund agreement.
9 173-37. Sewer capital charge escalation.
The basis for the sewer capital charges schedule set forth herein has been structured by the city
with regard to two (2) major but variable factors. First, the present level of construction costs
of sewer collection and treatment plant facilities; second, the treatment level as prescribed by
the State of Florida Department of Environmental Protection or other governmental entities
with jurisdiction. The city hereby declares that the schedule of sewer capital charges set forth
herein shall be escalated based upon increases arising from these factors or as set forth and
identified in the Engineering News Record (ENR) Construction Cost Index. The sewer capital
charges shall be automatically adjusted annually by the percentage change in the ENR
Construction Cost Index.
S 173-37.1. Sewer capital charges for consumers outside city limits.
The sewer capital charges established by S 173-28, as from time to time adjusted pursuant to
S 173-37, shall be applicable only to consumers located within the corporate limits of the city.
The sewer capital charges for consumers outside the corporate limits of the city shall be the
sewer capital charges from time to time established by the city for consumers inside the
corporate limits of the city plus a surcharge equal to that surcharge established in ~ 173-5.1
above.
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