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HomeMy WebLinkAboutItem V (A) 1 Public Hearing, Second Reading of Ordinance No. 94-13, revising Utility Service Policy AGENDA 5-17-94 Ci4 if' Item V A 1 os coon` JAMES W.SHIRR,P.E. CITY ENGINEER/UTILITIES DIRECTOR 150 N.LAKESHORE DRIVE•OCOEE,FLORIDA 34761 (407)656-2322 MEMORANDUM DATE: April 14, 1994 TO: The Honorable Mayor and Board of City Commissioners FROM: James W. Shira, P.E. City Engineer/Utilities Director SUBJECT: Revision to Utility Service Policy Currently, the policy of the city is to provide water and/or sewer service only to properties which are located within the corporate limits of the city. Due to the Joint Planning Area agreement between Orange County and the City of Ocoee, we are recommending that this policy be changed. We have drafted a proposed new sewer and water service policy, a proposed revision to Chapter 173 of the City Code, and a proposed resolution adopting the sewer and water service policy. Attached for your information are copies of these three draft documents. 1) Proposed Sewer and Water Service Policy This policy addresses several different circumstances under which properties may be served by the city. The following is a brief description of the proposed policy. A. Property located within the city limit and within the water/sewer service area will be served by the city. B. Property located within the city limit but outside the water/sewer area will be served by the county. If the county is unable to do so in a timely manner, the county must request wholesale service from the city. The city is not obligated to provide such wholesale service, and the decision to provide it will require City Commission action. C. Property located outside the city limit and outside the water/sewer area will not be eligible for service by the city, and will not be eligible for service by the city through a wholesale agreement with Orange County. D. Property located outside the city limit and inside the Joint Planning Area and inside the water/sewer area will be processed for service in one of two ways, THE PRIDE OF WEST ORANGE "n CJ depending on the location of the property. Once service is approved as described below, and as long as these properties remain outside the city limit, capital charges and monthly rates will be charged at the same rate charged to properties within the city limit, plus a surcharge of 25%. a) Property which is not contiguous to the city limit, and which is unlikely to become contiguous, will be required to enter into an agreement to petition for voluntary annexation if it should later become contiguous.. This agreement will not obligate the city to approve the annexation. Upon approval by the City Commission and recording of the agreement, service will be provided to the property. b) Property which is contiguous to the city limit, or is likely to become contiguous in light of other potential annexations, will be required to petition for voluntary annexation. Upon receipt of the petition, the city will determine its interest in annexing the property. If the city is not interested, the petition may be withdrawn and service will be provided with the surcharge noted above. If the city desires to annex the property, service will be provide upon City Commission approval of the annexation. E. Properties located outside the city limit, and outside the Joint Planning Area, and inside the water/sewer area which apply for service, will be considered for service on a case-by-case basis. These properties will not be required to annex as a condition of service, but the City will be under no obligation to provide service if it is not economically feasible, or if there are other factors which make the provision of service undesireable. 2) Proposed Ordinance Amending Chapter 173 of City Code The proposed ordinance does four things. First, it amends Chapter 173 of the City Code to authorize adoption of the sewer and water service policy; second, it implements provisions of the policy that are required to be enacted by ordinance; third, it eliminates provisions of the current code which are inconsistent with the new policy, and fourth, it implements provisions of the recently revised Ocoee/Orange County Territorial Agreements. 3) Proposed Resolution Adopting Sewer and Water Service Policy The resolution adopting the sewer and water service policy would be adopted following second reading and adoption of the ordinance amending Chapter 173 of the City Code. We request that the City Commission provide direction to staff regarding what, if any, revisions to these drafts are desired. If acceptable in their current form, or upon Commission direction to make revisions, a final version of each document will be provided for action at the second public hearing. wpfokoocsuannzy UA.9q ORDINANCE NO. 94- 13 AN ORDINANCE OF THE CITY OF OCOEE, FLORIDA AMENDING CHAPTER 173 OF THE OCOEE CITY CODE AS IT RELATES TO SEwEIt AND WATER SERVICE RATES AND CHARGES TO CONSUMERS OUTSIDE THE CORPORATE LIMITS OF THE CITY; PROVIDING THAT THE SCHEDULE OF MONTHLY RATES AND CHARGES FOR SEWER AND WATER SERVICE IS APPLICABLE ONLY WITS THE CITY;PROVIDING FOR A TWENTY- FIVE WENTYFIVE PERCENT SURCHARGE ON THE SEWER AND WATER MONTHLY RATES AND CHARGES AND CAPITAL CHARGES PAID BY CONSUMERS OUTSIDE THE CITY; AUTHORIZING THE CITY COMMISSION TO ADOPT BY RESOLUTION POLICIES FOR TIM PROVISION OF SEWEK AND WATER SERVICE BOTH INSIDE AND OUTSIDE TE CITY; PERMITTING SUCH POLICIES TO REQUIRE ANNEXATION INTO THE CITY AS A CONDITION PREREQUISITE TO RECEIPT OF SEWER AND/OR WATER SERVICE; RESTRICTING THE PROVISION OF SEWER AND WATER SERVICE OUTSIDE THE SEWER AND WATER TERRITORIAL AREAS AGREED UPON BY THE CITY AND ORANGE COUNTY; PROVIDING FOR SEVERABILITY; PROVIDING FOR CODIFICATION; PROVIDING AN 1.:k.F ECTIVE DATE. BE IT ENACTEI 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 Section 180.191(1)(a), Florida Statutes, and Chapter 166, Florida Statutes. SECTION 2. Subsection 173-4.A of Chapter 173 of the Code of Ordinances of the City of Ocoee is hereby amended by the addition of a new Subsection 173- 4.A(3) thereto to read as follows: (3) The schedule of monthly rates and charges for water and sewer service provided by the city as set forth in this Subsection 173-4.A chall 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 Section 173-5.1 of this Chapter. SECTION 3. Section 173-4.0 of the Code of Ordinances of the City of Ocoee is hereby amended to read as follows: C. Service to consumers located outside city limits. Water and/or sewer services may, at the Fesiea'e discretion of the City Commission, be provided to consumers outside the corporate limits of the city in accordance with�1 _d ,73 2 D t m L 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 Section 173-5.1 of the Code of Ordinances of the City of Ocoee. SECTION 4. A new Section 173-5.1 of the Code of Ordinances of the City of Ocoee is hereby adopted as follows: §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 chap 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 twenty-five percent (25%) of such rate. SECTION 5. A new Section 173-6.2 of Chapter 173 of the Code of Ordinances of the City of Ocoee is hereby adopted to read as follows: 2 §173-6.2 Water and sewer service territorial areas. 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 amended February 11, 1994 (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 amended February 11, 1994 (the "Sewer Service Territorial Agreement"), respectively. The city shall not provide water service outside of the water service territorial 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 territorial area are within the corporate limits of the city. The city shall not provide sewer service outside of the sewer service territorial area established by the Sewer 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 sewer service territorial area are within the corporate limits of the city. 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 of the city so as to be in compliance with the provisions of the Water Service Territorial Agreement and the Sewer Service Territorial Agreement. SECTION 6. A new Section 173-6.1 of Chapter 173 of the Code of Ordinances of the City of Ocoee is hereby adopted to read as follows: §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. SECTION 7. Section 173-9 of Chapter 173 of the Code of Ordinances of the City of Ocoee is hereby amended to read as follows: 3 §173-9 Extensions outside service area. Owners, builders or developers being potential consumers, where the subject property lies outside Oases'atag existing service area of the City, may apply to Oeeee the City for the extension of water distribution mains to said property. The City shall not be obligated to provide service outside its existing service area but may elect to do so upon terms and conditions similar to those contained in this extension policy and such other policies as may from time to time be adopted by resolution of the City Commission;provided, however, that the city may require additional capital charges should the same be reasonably required in order to maintain the same level of economic feasibility then in effect within the existing service area., , SECTION 8. A new Section 173-21.1 of Chapter 173 of the Code of Ordinances of the City of Ocoee is hereby adopted to read as follows: §173-21.1 Water capital charges for consumers outside city limits. The water capital charges established by Section 173-11, as from time-to- time adjusted pursuant to Section 173-21, 'than 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 plo a surcharge equal to twenty-five percent (25%) of such water capital charge. SECTION 9. Section 173-25 of Chapter 173 of the Code of Ordinances of the City of Ocoee is hereby amended to read as follows: §173-25 Extensions outside service area. Owners, builders or developers being potential consumers, where the subject property lies outside the 8eeee-s existing service area of the City may apply to 8eeee the City for the extension of sewer lines to said property. The City shall not be obligated to provide service outside its 4 existing service area but may elect to do so upon terms and conditions similar to those contained in this extension policy and such other policies as may from time to time be adopted by resolution of the City Commission; provided, however, that the city may require additional capital charges should the same be reasonably required in order to maintain the same level of economic feasibility then in effect within the existing service area, , SECTION 10. A new Section 173-37.1 of Chapter 173 of the Code of Ordinances of the City of Ocoee is hereby adopted to read as follows: §173-37.I Sewer capital charges for consumers outside city limits. The sewer capital charges established by Sections 173-28, as from time-to- time adjusted pursuant to Section 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 city1p�u a surcharge equal to twenty-five percent (25%) of such sewer capital charge. SECTION 11. 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 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 relettered 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 5 such inclusion in the code is accomplished, sections of this Ordinance may be renumbered or zeiettered and the correction of typographical errors which do not affect the intent may be authorized by the City Manager, without need of public hearing, by filing a corrected or recodified copy of same with the City Cleric SECTION 13. Effective Date. This Ordinance shall become effective immediately upon passage and adoption. PASSED AND ADOPTED this day of , 1994. APPROVED: ATTEST: CITY OF OCOEE, FLORIDA Jean Grafton, City Clerk S. Scott Vandergrift, Mayor (SEAL) ADVERTISED May 5, , 1994 READ FIRST TIME May 3 , 1994 READ SECOND TIME AND ADOPTED , 1994, UNDER AGENDA ITEM NO. FOR USE AND RELIANCE ONLY BY THE CITY OF OCOEE, FLORIDA APPROVED AS TO FORM AND LEGALITY this _ day of , 1994. FOLEY & LARDNER By: City Attorney C\WPSIZOMORDINAN.173I4/14A41sWOl0lDf .b 6