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HomeMy WebLinkAboutItem VI (E) Discussion re: Revision to Utility Service Policy AGENDA 4-19-94 • • Item VI E 4. o © o L. ^�yj�*Of GOOD JAMES W.SHIRA,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. Shim, P.E. City Engineer/Utilities Director SUBJECT: Revision to Utility Service Policy as ======= a ==== __ _ 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 (In V✓ 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. wPcowocswevSFLCY I,A.94\ ORDINANCE NO. 94- AN ORDINANCE OF THE CITY OF OCOEE, FLORIDA AMENDING CHAPTER 173 OF THE OCOEE CITY CODE AS IT RELATES TO SEWER 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 WITHIN THE CITY; PROVIDING FOR A TWENTY- FIVE 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 THE PROVISION OF SEWER AND WATER SERVICE BOTH INSIDE AND OUTSIDE THE 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 EFFECTIVE DATE. 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 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 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 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 Gity-Gemmissiea=s discretion of the City Commission, be provided to consumers outside the corporate limits of the city in accordance with 444-7-3-9-and-1-73-2-57—Rates-will-be-set-in 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 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 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 Aeeee'-s Ihg existing service area of the City, may apply to Oases 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, 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 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 Oeeee-s existing service area of the City may apply to Oases 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: §173-37.1 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 cityleu 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 relettered 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 Clerk. 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 , 1994 READ FIRST TIME , 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:\wrsMocS ORfl NAN.rn 1411419411 W010Inea:jh 6 RESOLUTION NO. 94- A RESOLUTION OF THE CITY OF OCOEE, FLORIDA RELATING TO THE CITY SEWER AND WATER SERVICE; PROVIDING FOR THE APPLICATION OF SUCH POLICY TO LANDS LOCATED WITHIN THE CORPORATE LIMITS OF THE CITY, TO LANDS LOCATED WITHIN UNINCORPORATED ORANGE COUNTY, BUT WITHIN THE JOINT PLANNING AREA, AND TO LANDS LOCATED WITHIN UNINCORPORATED ORANGE COUNTY AND OUTSIDE THE JOINT PLANNING AREA; PROVIDING FOR SEVERABILITY;PROVIDING AN EFFECTIVE DATE. WHEREAS, the provisions of Chapter 173 of the Ocoee City Code authorize the City Commission to adopt by resolution policies regarding the provision of sewer and water service by the City to consumers within the city limits and outside the City limits; and WHEREAS, the City has received numerous inquiries regarding its policy for the provision of sewer and water service to lands located outside the corporate limits of the City; and WHEREAS, the City Commission desires to adopt a comprehensive sewer and water service policy for the provision of sewer and water service to lands located (1) within the corporate limits of the City; (2) within unincorporated Orange County, but within the Joint Planning Area, and (3) within unincorporated Orange County and outside the Joint Planning Area. NOW THEREFORE, BE IT RESOLVED BY THE CITY COMIVIISSION OF THE CITY OF OCOEE, FLORIDA, AS FOLLOWS: Section 1. The City Commission of the City of Ocoee has the authority to adopt this Resolution pursuant to Article VIII of the Constitution of the State of Florida, Chapter 166, 1 Florida Statutes, Section C-8.AA of the Charter of the City of Ocoee, and Chapter 173 of the Code of Ordinances of the City of Ocoee. Section 2. The City hereby adopts the City of Ocoee Sewer and Water Service Policy attached hereto as Exhibit "A" and by this reference made a part hereof. Said policy is supplemental to the provisions of Chapter 173 of the Code of Ordinances of the City of Ocoee and all other policies of the City with respect to the provision of sewer and water service. Section 3. Severability. If any section, subsection, sentence, clause, phrase or portion of this Resolution 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 4. This Resolution shall become effective immediately upon passage and adoption and shall be applicable to all applications to the City for sewer and/or water service which are pending as of the date of adoption of this Resolution and thereafter. PASSED AND ADOPTED this day of , 1994. APPROVED: ATTEST: CITY OF OCOEE, FLORIDA Jean Grafton, City Clerk S. Scott Vandergrift, Mayor (SEAL) 2 FOR USE AND RELIANCE ONLY BY THE CITY OF OCOEE, FLORIDA APPROVED AS TO FORM AND LEGALITY this day of , 1994. FOLEY & LARDNER APPROVED BY THE OCOEE CITY COMNIISSION AT A MEETING HELD ON , 1994 By: UNDER AGENDA ITEM NO. City Attorney 3 EXHIBIT "A" CITY OF OCOEE SEWER AND WATER SERVICE POLICY (I) LANDS LOCATED WITHIN CORPORATE LIMITS OF CITY. A. The City will provide sewer and water service to all lands located both (i) within the corporate limits of the City, and (ii) within the City Sewer and Water Service Territories, per Territorial Agreements with Orange County. B. If lands are located within the corporate limits of the City, but outside the City Sewer and Water Service Territories, per Territorial Agreements with Orange County, then sewer and water service will be provided by Orange County. If the County cannot provide sewer and/or water services to such lands in a timely manner, then the County is required to request wholesale service from the City per the Joint Planning Area Agreement dated February 11, 1994 between the City and Orange County and the Territorial Agreements. The City will consider requests from the County for wholesale service on a case-by-case basis. The City is not obligated to provide wholesale service to lands outside the City Sewer and Water Service Territories. The decision to provide wholesale service will require City Commission approval. (II) LANDS LOCATED WITHIN UNINCORPORATED ORANGE COUNTY. BUT WITHIN JOINT PLANNING AREA. A. The City will nom„( provide sewer or water service to lands located (i) in unincorporated Orange County, and (ii)outside the City Sewer and Water Service Territories, per Territorial Agreements with Orange County. Such lands must obtain sewer and water service from Orange County, if available. The location of such lands within the Joint Planning Area shall not affect this determination. B. The City will provide sewer and water service to lands located (i) in unincorporated Orange County, (ii) within the Joint Planning Area, and (iii) within the City Sewer and Water Service Territories, per agreements with Orange County, only under the following circumstances: (1) For so long as the land is not located within the corporate limits of the City, the sewer capital charges and the water capital charges shall be charged at the same rate charged to consumers inside the corporate limits of the City Wu a surcharge equal to twenty-five percent (25%) of such rate. (2) For so long as the land is not located within the corporate limits of the City, the monthly rates and charges for sewer and water service shall be charged at the same rate charged to consumers inside the corporate limits of the City plug a surcharge equal to twenty-five percent (25%) of such rate. (3) If a landowner is seeking sewer and/or water service for land which is within the Joint Planning Area, but which is not contiguous to the corporate limits of the City, and, in the opinion of the City, is not likely to become contiguous in light of other potential annexations, then in such event the landowner shall be required to enter into an agreement with the City to petition for voluntary annexation of such land into the corporate limits of the City at such time as the land is contiguous to the City and may be lawfully annexed (or at such time as the City advises the landowner that it is likely the land will become contiguous to the corporate limits of the City). Any such agreement shall not obligate the City to annex the land. Any such agreement shall be in recordable form and binding on the heirs, legal representatives, successors and assigns of such landowner. Upon approval of the City Commission and recording of such annexation agreement, the City shall provide sewer and water service to such land. (4) If a landowner is seeking sewer and/or water service for land which is within the Joint Planning Area and which is also contiguous to the corporate limits of the City, or, in the opinion of the City, is likely to become contiguous in light of other potential annexations, then in such event the landowner shall be required to petition the City for voluntary annexation of such land as a condition precedent to the obtaining of sewer and/or water service from the City. Upon receipt of the annexation petition, the City will conduct an annexation impact review, including a public facilities and services analysis and an evaluation of the fiscal impact of such proposed annexation. Such review will be considered by the Development Review Committee (DRC) which will advise the landowner whether or not the City is interested in pursuing annexation of the land. If the DRC is not interested in pursuing annexation of the land, then the landowner may, at its option, either (a) withdraw the petition for annexation in which case no further action or proceeding will be required to obtain sewer and water service from the City, or (b) proceed with the annexation petition in accordance with all applicable laws, ordinances, policies and procedures. If the DRC is interested in pursuing annexation of the land, then the landowner shall be required to proceed with the annexation petition in accordance with all applicable laws, ordinances, policies, and procedures. The landowner may be required by the City to enter into an annexation agreement or other developer agreements as a condition precedent to annexation and the obtaining of sewer and/or water service. In the event the landowner proceeds with the annexation petition following DRC review (whether due to the requirement of the DRC or the decision of the landowner), then final City Commission action on the annexation petition shall be a condition precedent to the receipt of sewer and/or water service from the City. Upon annexation of the land, sewer and/or water service will be provided. In the event the City Commission denies the annexation petition, then sewer and/or water service will be provided unless such denial is due to the refusal of the landowner to enter into an annexation agreement or such other agreements as may be required by the City as a condition of annexation, in which case the City will not provide sewer and/or water service to the land. (5) Subject to the requirements of Sections ll(B)(1) - (4) above, it is the policy of the City to provide sewer and water services to all lands which are located (i) in unincorporated Orange County, (ii) within the Joint Planning Area, and (iii) within the City Sewer and Water Service Territories, per Territorial Agreements with Orange County, such sewer and water service to be provided in accordance with the requirements outlined in this policy and the applicable time frames set forth in Sections ll(B)(1)-(4) above; provided, however, that the timing for the provision of such sewer and water service may be expedited to an earlier date by the DRC under the following circumstances: (a) If the requested service is for an occupied single family residence; or (b) If the requested service is for an occupied non-residential structure of any size; or (c) If there is an overriding public health, environmental or safety issue, such as, but not limited to, failing septic tanks. The DRC will, on a case-by-case base, determine that date by which sewer and/or water service will be available in accordance with the policies set forth herein. (III) LANDS LOCATED WITHIN UNINCORPORATED ORANGE COUNTY AND OUTSIDE JOINT PLANNING AREA. A. The City will consider on a case-by-case basis applications from landowners for sewer and water service with respect to lands which are located (i) in unincorporated Orange County, (ii) outside of the Joint Planning Area, and (iii) inside the City Sewer and Water Service Territories, per Territorial Agreements with Orange County. Such landowners shall n4 be required to petition the City for annexation of the lands for which sewer and/or water service is sought. The City shall be under no obligation to provide sewer and/or water service to such lands. The consideration on whether or not to provide sewer and water service will be made by the DRC which shall take into consideration the following factors: (i) capital improvements required, (ii) cost of providing and maintaining service, (iii) fiscal impact on sewer and water systems, and (iv) such other factors as the DRC deems relevant. If sewer and/or water service is provided, then the provisions set forth in Sections II(B)(1) and (2) hereof shall be applicable. (IV) APPLICATION OF SYSTEMWIDE SEWER AND WATER POLICIES. A. The provision of sewer and/or water service under this policy is subject to availability and, except as expressly set forth herein, compliance with all applicable provisions of Chapter 173 of the Ocoee City Code and other applicable laws, statutes, ordinances, rules, regulations and policies in the same manner as applied to lands located within (i) the corporate limits of the City, and (ii) the City Sewer and Water Service Territories, per Territorial Agreements with Orange County. B. The City may require that the landowner enter into a developer agreements as a condition precedent to the receipt of sewer and/or water service. C. The references herein to the Territorial Agreements refer to (i) the Orange County/City of Ocoee Sewer Service Territorial Agreement (Contract No. S-87- 8), dated June 8, 1987, as amended by the First Amendment thereto dated February 11, 1994, and (ii) the Orange County/City of Ocoee Water Service Territorial Agreement (Contract No. W-88-06) dated November 14, 1988, as amended February 11, 1994. C:\WPs1\DOCS\OCOMPERRDDND4.12AI4/14/94 I DFBBQ3{IPflt:ddh