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VI (D, E & a) Ordinance No. 2003-24; Ordinance No. 2003-25: Resolution No. 2003-17 Agenda 8-05-2003 Item VID, E & a FOLEY : LARDNER ATTORNEVS AT LAW MEMORANDUM CLIENT-MATTER NUMBER 020377-0147 TO: Honorable Mayor and City Commissioners of the City of Ocoee FROM: Paul E. Rosenthal, Esq., City Attorney DATE: July 30, 2003 RE: Proposed Amendments to Ordinance Nos. 2003-24 and 2003-25;Resolution No. 2003-17 Staff is proposing further revisions to proposed Ordinance Nos. 2003-24 and 2003-25 and Resolution No. 2003-17. These changes are in response to comments received since the last City Commission meeting. These changes also correct certain scrivener's errors contained in the documents as amended by the City Commission. The notices of proposed rate increases sent to the utility customers are consistent with these proposed amendments. Attached hereto are the following: 1. Proposed amendments to Ordinance No. 2003-24. 2. Proposed amendments to Ordinance No. 2003-25. 3. Proposed amendments to Resolution No. 2003-17. If these amendments are acceptable, there should be a motion to amend in connection with each ordinance and the resolution. If you have any questions, do not hesitate to contact me. PER!] It Enclosures 006.303301.2 FOLEY&LARDNER PROPOSED AMENDMENTS TO ORDINANCE NO.2003-24 FOR CONSIDERATION AT AUGUST 5, 2003 CITY COMMISSION MEETING: 1. Amend Section 173-1 to revise the definitions of water and water capital charges, as follows: WATER -- Water treated by the city at the treatment facilities to be provided to customers of the city system. This_m_av he referred to also as "Potable Water." WATER CAPITAL CHARGES -- The charges made by the city for each new customer connection to the city's sewer/water system, which is designed to defray a portion of the cost of the city's water/se-wet system, as amended from time to time by the city and set forth in the city's tariff. 2. Add a new Section 173-2.1 requiring non-residential customers to have an irrigation meter, as follows: & 173-2.1 For all new and existing non-residential customers, the city may require the installation of a second water metn_to be used for irrigation purposes only. 3. Amend Section 173-4.A to correct scrivener's errors in the base facility charges for water and sewer, to provide a separate schedule for volumetric (gallons) charges for residential and non-residential customers using potable water through an irrigation meter, such charges to be the same as the residential volumetric (gallons) charges for potable water; to clarify that the sewer volumetric (gallons) charges do not apply to potable water which flows through and is registered by an irrigation meter; and to clarify that all reference to gallons refer to potable water only, all as follows: § 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 botheach of the registers. 006.304034.1 (I) Water. (a) Base facility charge (zero consumption), effective for all bills issued on or after October I, 2003, without regard to the date of the meter reading: Meter Type Charge 3/4-inch $ 7.64 1-inch 19.10 1 1/2-inch 38.20 2-inch 61.2061.12 3-inch 122.24 4-inch 191.00 6-inch 382.00 8-inch 61 1.2061 LOU 10-inch 786.00878.60 12-inch I(v12.601 642 60 (b) Plus: Volumetric (gallons) charges, effective for all bills issued on or after October I, 2003, without regard to the date of the meter reading: 2 006 304034.1 RFSIDFNTIAI, OResidential NUMBER OF GALLONS CHARGE PER 1000 GALLONS O TO 6,000 GALLONS $0.84 6,001 TO 12,000 $1.05 GALLONS 12,001 TO 18,000 $1.31 GALLONS 18,001 TO24,000 $3.28 GALLONS 24,001 TO 30,000 $4.92 GALLONS 30,001 AND GREATER $5.98 NON RESIDENTIAL ii Non-Residential NUMBER OF GALLONS CHARGE PER 1000 GALLONS 0 TO 6,000 GALLONS $0.84 6,001 TO 12,000 $1.05 GALLONS 12,001 TO 18,000 $1.31 GALLONS 18,001 TO24,000 $1.97 GALLONS 24,001 TO 30,000 $1.97 GALLONS 30,001 GALLONS AND $1.97 GREATER 3 006.304034.1 iii) Provided however that if the Residential or Non-Residential customer has an irrigation meter, then the following Volumetric I allons charges shall apply toall potable water which flows through and is registered b the irri ation meter ellectiv f r ills issued on or after October 1, without regard to the date of the meter reading: NUMB.E13OFGALLONS C1L RQE—PER :1000 GALLONS QUO 6.000 GALLONS $0 84 4 011 TO 12.000 $105 ,.;GALLONS 1.. 0.2. 01 TO1$990 $ GALLONS Lug TO 24,000 GAT.i,f)NS.. 24.001 TO30.000 staz GALLONS 3.0.0�NDGGREATER .$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 3/4%-inch $13.81 1-inch 34.53 1 1 P%-inch 69.05 2-inch 110.48 3-inch 220.96 4-inch 345.25 4 006.304034.1 6-inch 690.50 8-inch 1,104.80 10-inch 1,726.251.,588,.4 5. 12-inch 3,452.502 96 15 (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: RESIDENTIAL, (i) Residential NUMBER OF CHARGE PER 1000 GALLONS GALLONS 0 TO 12,000 GALLONS $1.98 12,001 GALLONS AND $0.00 GREATER NON 12FSIDLN HAL ii Nan-Residential NUMBER OF CHARGE PER 1000 GALLONS GALLONS 0 TO 12,000 GALLONS $1.98 12,001 GALLONS AND $1.98 GREATER iii) Provided. however,hat the Volumetric (eallons)_charges set forth in(j)and Bi) above shall not aply,to.potable wa4tr which Bows throurh and is registered by an irrieation 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 5 006.304034.1 water and sewer service provided by the City to consumers outside the corporate limits of the City shall be as provided in §173-5.1 of this chapter. (4)_._ All references to"•allons" or"charg ner 1000 gallons" in this Section 173-4.A shall refer to gallons of notable water. Charles related to the consumption of reclaimed water shall be governed by the provisions of Chanter 174 of the Ococc Code of Ordinances, 4. Amend Section 173-11.0 to change all references therein from "Commercial Projects" to "Non-Residential Projects". 5. Amend Section 173-28.0 to change all references therein from "Commercial Projects" to "Non-Residential Projects. 6 006.304034 1 PROPOSED AMENDMENTS TO ORDINANCE NO. 2003-25 FOR CONSIDERATION AT THE AUGUST 5, 2003 CITY COMMISSION MEETING: 1. Amend Section 174-1 to delete definition of customer charge and to revise definitions of reclaimed water and reuse service area as follows: CUSTOMER ell4E CE el a_,gtntended_to defray aC�tiye ....a a.. .„,, ,.r a: a ..........:..It pr ❑ RECLAIMED WATER -- Effluent from City owned and operated wastewater-treatment-plant, which effluent has been treated to advanced secondary treatment standards in compliance with the requirements of the Florida Department of Environmental Protection. Includes the term"treated effluent." _The treated effluent may or may not come from the city owned and operated wastewater treatment plant REUSE SERVICE AREA (UTILITY SERVICE AREA) -- Those areas where the installation of reclaimed water systems shall be available as provided in this article and shall be geographically defined as the existing Sewer Utility Service Arca of the City of Ocoee, all areas now or hereafter within the City limits of the City of Ocoee and those areas which the City of Ocoee may designate by resolution at a later date. 2. Amending Section 174-7.0 as follows: Connection to the system is mandatory for all existing new single-family homes where reclaimed water service is provided and for all single- family homes constructed after June 7, 1994, where reclaimed water service is available. 3. Adding a new Section 174-II as follows: H. Connection to the system is mandatory for all existine and new if• v homes where reclaimed water service is available and the service lines to the homes have been retrofitted to accent reclaimed water 4. Amending the Reclaimed Water System Policy by changing all references to"Utility Service District"to"Reuse Service Area". 5. Amending the Reclaimed Water System Policy by changing the title of Section 3.9.1 from "Single Family Dwelling Units (Class A)" to "Residential". 6. Amending the Reclaimed Water System Policy by changing the first sentence of Section 3.9.2 to read as follows: "Backflow prevention assemblies will be required on all Non- Residential Potable water service connections where reuse service is provided." 006.304035.1 PROPOSED AMENDMENTS TO RESOLUTION NO.2003-17 FOR CONSIDERATION AT THE AUGUST 5, 2003 CITY COMMISSION MEETING I. Amend Resolution to add the following as Section 3 thereof and renumber accordingly: SECTION 3. Annual Increase In Rates. Commencing on October 1, 2004 and each October 1 thereafter, the Base Facility Charge and Volumetric (gallons) Charges for reclaimed water service as set forth in Exhibit "A" of this Resolution 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 I to December 31 of the previous calendar year. This increase will apply to all bills issued after October I of each year without regard to the date of the meter reading. 2. Amend Section (a) of Exhibit"A" to correct scrivener's errors in base facility charges, as follows: (a) Base facility charge (zero consumption), effective for all bills issued on or alter October 1,2003, without regard to the date of the meter reading. Meter Type Charge %-inch $5.73 1.0-inch $14.33 1.5-inch $28.65 2.0-inch $15.90$45.84 3.0-inch $91.68 4.0-inch $143.25 6.0-inch $286.50 8.0-inch $45&A0$458.25 10.0-inch $589:50$658.95 12.0-inch $1,231.95 3. Amend title to Resolution to conform with the above changes. 006.304065.1 FOLEY : LARDNER ATTORNEYS AT LAW MEMORANDUM CLIENT MATTER NUMBER 020377.0107 TO: Honorable Mayor and City Commissioners of the City of Ocoee FROM: Paul E. Rosenthal, Esq., City Attorney DATE: July 23, 2003 RE: Ordinance Nos. 2003-24 and 2003-25; Resolution No. 2003-17;Revisions to City Code Chapters 173 and 174 and Revise Rate Resolution Pursuant to the action taken by the City Commission at the last meeting, please find attached the following: 1) Ordinance No. 2003-24, as amended by the City Commission. 2) Blacklined copy of proposed Articles I, II and 111 of Chapter 173 of the City Code showing the differences between those proposed provisions of Ordinance No. 2003-24, as amended, and the current Code provisions. 3) Ordinance No. 2003-25. (No changes have been made to this Ordinance). 4) Resolution No. 2003-17, as amended by the City Commission. In connection with the adoption of Ordinance No. 2003-25, staff is recommending that the Ordinance be amended to delete the definitions of "Customer Charge" in the proposed revisions to Section 174-1. This would be consistent with the previous amendment to Resolution No. 2003-17. In connection with the adoption of Resolution No. 2003-17, staff is recommending that the Resolution be revised to include an annual cost-of-living adjustment which is the same as proposed for the sewer and water rates. If the City Commission supports this a motion should be made to amend Resolution No. 2003-17 by adding the following Section 3 after Section 2: "Section 3. Annual Increases in Rates. Commencing on October 1, 2004 and each October 1 thereafter, the Base Facility charge and Volumetric (gallons) charges for reclaimed water service as set forth in Exhibit"A" of this Resolution 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 006.303301.1 FOLEY&LARDNER FOLEY1LARDNER . , . e . . . . . . . LAW all bills issued after October 1 of each year without regard to the date of the meter reading." It is also recommended that the title to Resolution No. 2003-17 be revised to reflect such amendment in a revised title to the Resolution. If you have any questions, do not hesitate to contact me. PER/jth Enclosures 2 006.303301.1 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 006.296998.4 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 HI 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 he sold on a first-come-first-served basis. The first- come-first-served basis shall he 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 whichshall-reimburse-the-city for review by the City-Engineer-Director and legal fees. The application fee -2- 006.296998.4 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 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 -3- 006.296998 4 application was received by the city. There will be an application fee of five hundred dollars ($500.) paid to the Finance Department--which-shall reimburse-the-city for the review by the City-Engineer-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--EngineerDirector for sewer service capacity needs assessment and recomputation of sewer capital charges shall he 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 S. Section 173-57 of the Code of Ordinances is hereby amended to read as follows (with additions double-underlined and deletions stricken): -4- 006.296998 4 § 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): § 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): § 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-eity's Utilities DepartmenEBackflow Prevention Specialist. The consumer shall notify the city's Utilities-Pic 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 -5- 006.296998 4 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 UtilitiesWorks 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-lettered 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-lettered 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. Severahility. 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 he 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. -6- 006.296998 4 PASSED AND ADOPTED this day of , 2003. APPROVED: ATTEST: CITY OF OCOEE, FLORIDA Jean Grafton, City Clerk S. Scott Vandergrift, Mayor (SEAL) ADVERTISED , 2003 READ FIRST TIME , 2003 READ SECOND TIME 2003 READ THIRD TIME AND ADOPTED , 2003 UNDER AGENDA ITEM NO. FOR USE AND RELIANCE ONLY BY THE CITY OF OCOEE, FLORIDA APPROVED AS TO FORM AND LEGALITY this day of , 2003. FOLEY & LARDNER By: City Attorney -7- 006.296998 4 EXHIBIT A CHAPTER 173 WATER AND SEWERS ARTICLE I, General Provisions § 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 water_facilities. PRIMARY INTERCEPTOR FORCE MAIN -- The transmission force main and appurtenant equipment connecting the collection facilities to the treatment facilities. -8- 006.296998 4 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. SEWAGE -- Water-carried wastes from Residential and Non-Residential customers of the city system. SEWAGE 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. WATER CAPITAL CHARGES -- The charges made by the city for each new customer connection to the city's sewer/water system, which is designed to defray a portion of the cost of the city's water/sewer 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. -9- 006.296998.4 § 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 he computed in the same manner as the meter installation fee in §173-17; provided that customers installing residential irrigation meters of three-fourth inch or less shall be exempt from the additional capital charge. § 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 he 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 Water Deposit Sewer Deposit 3/4-inch Owner of residence $60.00 $60.00 Renter of residence 80.00 80.00 1-inch 140.00 140.00 (2) Non-Residential: Meter Type Water Deposit Sewer Deposit 3/4-inch $120.00 $120.00 1-inch $300.00 $300.00 I 1/2-inch $450.00 $450.00 2-inch $520.00 $520.00 3-inch and larger To be determined by Director -10- 006296998.4 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. § 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 both 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 $ 7.64 1-inch 19.10 1 1/2-inch 38.20 2-inch 61.20 3-inch 122.24 4-inch 191.00 6-inch 382.00 8-inch 611.20 10-inch 786.00 12-inch 1642.60 -1 1- 006.296998 4 (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: 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 30,001 AND GREATER $5.98 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 (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 3/4-inch $13.81 1-inch 34.53 1 1/2-inch 69.05 2-inch 110.48 3-inch 220.96 4-inch 345.25 6-inch 690.50 8-inch 1,104.80 10-inch 1.726.25 12-inch 3,452.50 -12- 006296998.4 (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: RESIDENTIAL NUMBER OF GALLONS CHARGE PER 1000 GALLONS 0 TO 12,000 GALLONS $1.98 12,001 GALLONS AND GREATER $0.00 NON-RESIDENTIAL NUMBER OF GALLONS CHARGE PER 1000 GALLONS 0 TO 12,000 GALLONS $1.98 12,001 GALLONS AND GREATER $1.98 (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 he 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 §173- 5.1 of this chapter. 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 he 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. 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 -13- 006296998 4 corporate limits of the city shall be as provided in §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 he 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 §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. § 173-5. Reserved. 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 -14- 006.296998 4 surcharge equal to 20%. The surcharge shall be subsequently reduced according to the following schedule: Date Reduced To January 1, 2003 19% January 1, 2004 16% January 1, 2005 17% January 1, 2006 16% January 1, 2007 15% § 173-5.2. Owner responsible for charges. In the case that an occupant or tenant of any Residential or Non-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. § 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 he 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. § 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. -15- 006 296998 4 § 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." R. 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 of the 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 § 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 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. -16- 006.296998 a § 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. § 173-9. Reserved § 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. § 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, 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 -17- 006 296998 4 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 I Du ilex (3 or more Bedrooms) Per Unit _ 1.000_ Mobile Home (1-2 Bedrooms) Per Unit - __--0.667 Mobile Home (3 or more Per Unit - 0.833 bedrooms) Multifamily, Efficiency (Less than Per Unit 0.500 500 sf) Multifamily, (1 bedroom units) (See Per Unit 0.583 1 'Note 9) (Multifamily, (2 bedroom units) (See Per Unit 0.833 INote 9) (Multifamily, (3 or more bedroom Per Unit ', 1.000 .. units) (See Note 9) 1 - --_-. �_ j` ------- - _ Single Family Residence Perer Unit 1.000 I COMMERCIAL PROJECTS Animal Kennels Per Kennel Run _ j 0.160 Auditorium Per Seat 0.017 Automotive Repair & Maintenance Per Repair Bay I 0.250 ' Bar/ Cocktail Lounge Per Seat I 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 I See FU -18- 006.296998 4 Pumps) Table I 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 (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 2) Per Employee 0.117 with showers Industrial Buildings ( See Note 2) Per Employee 0.050 without showers Landscape Irrigation _ Per 1,000 SF 0.125 Laundry, Self Service - Per Machine 1.333 Medical Office (formerly: Doctor's Per Doctor 0.833 Office) Meeting & Banquet Rooms Per Seat - 0.017 Nursing Home Per Bed — 0.417 Office Oesteurant Building(Cafeteria), to 3Service Per 1,000 SF, gross 0.334 1 ( ) J Per Seat 0.100� Restaurant, 24 hour I _ _ _ Per Seat_ 0.167 ! Restaurant, Fast Food F 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 Note Per Toilet Room 1.000 15) �'1 'Service Station (See Note 6) 1 Per Toilet Room , 1.000 1 ,:Service Station (See Note 6) _ Per Service Bay 1 1.000 'Service StationjSee Note 6) —.. Per Wash Bay 3.200 _ Theater _ Per Seat _ 1 0.010 Theater (Dinner) Per Seat 0.067 Trailer Park (overnight) _ Per Space _ ' 0.333 Warehouse Space (See Note 4) 1 By FU See FU Table Below NOTES 1 Hotels and motels: add food service, banquet & meeting rooms, and self service laundries. 19 006.296998 4 2. AddUnit food service; does not include industrial waste flows which are calculated on Fixture) '3. Office buildings: add food service and retail space. 4. Warehouses: add office space, food service, and retail pace. 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 engineers signed and sealed estimate of capacity usag, 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, for management offices. Capacity Demand Based Upon Fixture Units FU) Type of Fixture Fixture . ERU Units COMMERCIAL PROJECTS (FU) Factor Drains, condensate � _ _ 1.0 0.083 Drains, floor & fixtures not listed: 1 1/4 inch F - 1.0 0.083 _ , trapICI'IDrains, floor & fixtures not listed: 1 1/2 inch 2.0 0.167 : trap Drains, floor & fixtures not listed: 2 inch trap 3.0 0.250 ;Drains, floor & fixtures not listed 2 1/2 inch 4.0 0.333 trap ' Drains, floor & fixtures not listed: 3 inch trap 5.0 0.417 'Drains, floor & fixtures not listed: '4 inch trap 6.0 r 0.500 Drinking Fountain 0.5 0.042 ' Laundry Tray 2.0 0.167 Lavatory, large drain (greater than 2.0 0.167 1 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 grinder) _-_ 4.0 0.333 ' Sink, compartmented (2) — F 3.0 0.250 'Sink, compartmented (3) 1 - 4.0 _ 0.333J Sink, flushing rim _ 8.0 0.667 ,Sink, service (mop/janitor) I -I 3.0 _ 0.250 Sink, service ("p" trap) (Hand) - 2.0 _� 0.167 -20- 006.296998.4 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 lar e9 r� 5/8"meter) rathroom Group _ - - 6.0 0.500 (water closet, -lavatory.bathtub/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) NOTES _ 1. Continuous and semi-continuous flows (pumps, air conditioning systems, etc.) are 2.0 FU per gallon per minute (gpm) of flow. D. One (1) ERU shall have an assigned value of one (1.00). One (I) ERLJ is hereby established and determined to he 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 -21- 006.296998 4 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. _22_ 006.296998.0 § 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 he 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. § 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. § 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 -23- 006.296998 4 require that the developer, in addition to the contribution formulas set forth herein, bear the cost of the preparation of developer agreements by independent counsel or persons qualified to draft and prepare such agreements. Said charge shall not exceed that amount normally to be contemplated for such services. § 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 he 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. § 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. -24- 006.296998.4 173-17. Meter installation tees. 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 any one (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. 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. 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 -25- 006.296998.4 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. 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. § 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. -26- 006 296998 4 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 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. -27- 006.296998.4 § 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. § 173-21.1. Water capital charges for consumers outside city limits. The water capital charges established by §173-11, 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. § 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 § 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. -2g- 006.296998.4 § 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. § 173-25. Reserved § 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. § 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. § 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 -29- 006.296998 4 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 he 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 ,Mobile Home (3 or more Per Unit ', 0.833 bedrooms)_ t 'Multifamily, Efficiency (Less than Per Unit 0.500 500 sf) Multifamily, (1 bedroom units) (See Per Unit 0.583 Note 9) Multifamily, (2 bedroom units) (See Per Unit 0.833 Note 9) Multifamily, (3 or more bedroom Per Unit 1.000 units) (See Note 9) -Single Family Residence Per Unit 1.000 COMMERCIAL PROJECTS Animal Kennels Per Kennel Run 0.160 -30- 006 296998.4 Auditorium _ Per Seat I 0.017 Automotive Repair & Maintenance Per Repair Bay 0.250 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 i 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 (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 2) Per Employee 0.117 with showers Industrial Buildings ( See Note 2) Per Employee 0.050 without showers Landscape Irrigation Per 1,000 SF 0.125 _ Laundry, Self Service Per Machine 1.333 Medical Office (formerly: Doctor's Per Doctor 0.833 Office) Meeting & Banquet Rooms Per Seat 0.017 t' Nursing Home Per Bed 0.417 _ Office Building ( See Note 3) Per 1,000 SF, gross 0.334 Restaurant (Cafeteria), Full Service! Per Seat 0.100 Restaurant, 24 hour I Per Seat 0.167 Restaurant, Fast Food Per Seat 0.050 Retail Spaces By FU See FU Table Below Nursery _ Per Student 0.025 Schools, Middle & High Schools, Elementary & � g Per Student 0.067 Self Service Gas Station (See Note Per Toilet Room 1.000 5) Service Station (See Note 6) Per Per-- Toilet Room Bay 1.000 Service Station See Note 6) Service R 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 -31- 006296998 4 Warehouse Space (See Note 4) I 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' rofessional en ineer'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. Upon Fixture Units (FU) CapacityDemand Based Type of Fixture Fixture ERU Units COMMERCIAL PROJECTS (FU) - Factor - 'Drains, condensate 1.0 1 0.083 Drains, floor & fixtures not listed: 1 1/4 inch 1.0 1 0.083 trap Drains, floor & fixtures not listed: 1 1/2 inch 2.0 0.167 trap Drains, floor & fixtures not listed: 2 inch trap , 3.0 0.250 Drains, floor & fixtures not listed 2 1/2 inch 4.0 0.333 trap Drains, floor & fixtures not listed: 3 inch trap 5.0 0.417 :Drains, floor & fixtures not listed: 4 inch trap 6.0 0.500 Drinking Fountain -_ 0.5 j 0.042 Laundry Tray 2.0 I 0.167 1 Lavatory, large drain (greater than 2.0 0.167 1 1/4 inch trap) Lavatory, small drain (1-1/4 inch 1.0 1 0.083 traPZ --_.. - --- -I -32- 006.296996 4 Showers (Re( head) 3.0 - 0.250 Sink, combination (food service) 3.0 0.250 Sink, combination (garbage grinder) 4.0 0.333 Sink, com artmented (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" trapL(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 lar er than 5/8" meter) Bathroom Grou _ 6.0 0.500 (water closet, - lavw - - __— -- ---I atory.bathtub/sho er) Bath, Half � 4.0 0.333 Dishwasher 2.0 0.167 Drains (by drain size above ! Varies Varies Lavatory _ _ . j 4.0 0.333 Shower Stall 3.0 0.250 Sink, kitchen 2.0 0.167 Sink, kitchen (garbage t 3.0 0.250 grinder/dishwasher) Sink, laundry _ 2.0 - 0.167 Washer, clothes (by drain size, Varies Varies above) ---_ NOTES 1. Continuous and semi-continuous flows (pumps, air conditioning systems, etc.) are 2.0 FU., per gallon per minute (gpm) 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 -33- 006296998.4 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 alternative method of calculation, the applicant must advise the Director of such determination prior to the payment of the sewer capital charge. § 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 -34- 006 296998 4 provide lines for sewer service to a developer's lot line ready for plumber's hookup and the installation of meters. 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. 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 agreements by independent counsel or persons qualified to draft and prepare such agreements. Said charge shall not exceed that amount normally to be contemplated for such services. 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. 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 -35- 006 296996.4 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. § 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 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. § 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 -36- 006.296998 4 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. § 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 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) -37- 006 296998.4 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 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 madc 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 -38- 006.296998.4 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. § 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 he automatically adjusted annually by the percentage change in the ENR Construction Cost Index. § 173-37.1. Sewer capital charges for consumers outside city limits. The sewer capital charges established by §173-28, as from time to time adjusted pursuant to §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. -39- 006.296998 4 BLACKLINE JULY 23, 2003 BLACKLINED COPY SHOWING CHANGES BETWEEN THE PROPOSED REVISIONS IN ORDINANCE NO. 2003-24, AS AMENDED, AND CURRENT CODE PROVISIONS. EXHIBIT A CHAPTER 173 WATER AND SEWERS ARTICLE I, General Provisions § 173-1. Definitions. [Amended 6 16 1981 by Ord. No. 7710: 10 1983 by Ord. No. 773:-1.0 1 neo by Ord No oo :2] The following words, phrases and terms shall have the following meanings: COLLECTION FACILITIES -- The lines, pipes, mclers—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 dialributionproduction 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. EDER FDEP— The Florida Department of Environmental RegulationProtection, 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 water facilities. 006.303291-1006 .303291.1 PRIMARY INTERCEPTOR FORCE MAIN -- The transmission force main and appurtenant equipment connecting the collection facilities to the treatment facilities. 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. SEWAGE -- Water-carried wastes from residences. bun-Hess buildings, institatiktstrial estahlishmeut.Residential and atherNIon-Residential customers of the city system. SEWAGE 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 mat—be-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. WATER CAPITAL CHARGES -- The charges made by the city for each new customer connection to the city's_sewer/water system, which is designed to defray a portion of the cost of the city's water/sewer system, as tnay-be-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. -2- 006 ' '2n1-1006 2 .303291.1 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. § 173-2. Irrigation meter tap fee and capital charge. {Added 1 15 1985 by Ord. No. 801: amended 10 1 1988 by Ord. No. 88 3?{ 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 § 173-1-7,-Fu-addition, customers installine an irrigation meter till pay an additional watec--capital-charge-a.: established in § 173 11,17; provided that customers installing a-single-live cightlas—or three Pomths inch,�r -residential irrigation meters of threes-fourth inch or less shall be exempt from the additional +cuter capital charge. 173-3. Account deposit. O47 n Ord. at. 776.-9 17 1985 by Ord. 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, cammerciat or industrialResidential 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 he 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 (single family residence or individually owned unit in a multi unit building): Meter Type Water Deposit Sewer Deposit 3/4 inch x 5/8-inch Owner of residence $ 60.00 $60.00 Renter of residence 80.00 80.00 I-inch 140.00 140.00 (2) Com -.erci and i d rn . ,es ti i r ,, . residential buildings under-o+ne- 4-) owuershifrin:,+eh contain three (3) or more living unitsj:Non- Residential; 006 303291,1006 3 .303291.1 Meter Type Water Deposit Sewer Deposit -inch x 5/8 inch $120.00 $120.00 1-inch $300.00 $300.00 1 1/2-inch $450.00 $450.00 2-inch $520.00 $520.00 3-inch and larger To be determined by 1ltilit Director C. The City Commission may, by resolution, provide for the accrual of interest on water and sewer deposits and the timing and circumstances under which such interest will he paid to consumers, the forfeiture of accrued interest on water and sewer deposits, the timing and circumstances under which water and sewer deposits will he refunded to consumers and interest thereon paid to consumers, the timing and circumstances under which water and sewer deposits will be applied to the payment of any outstanding past due balances and such other matters related to water and sewer deposits as the City Commission may determine. § 173-4. Charges and billing. 'Added-9-1-7 1985 by Ord. No:-84$amended 10 1 198g by Ord. No. 88 32; 6 6 1989 by Ord. No. 89 1 I; 9 5 1989 by Ord. No. 89 2,1: 12 19 1989 by Ord. No. 89 57; 8 18 1992 by Ord. No.-92-1-41 A. The following shall be the schedule of monthly rates and charges for water and sewer service provided by the Citycity. 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 both registers. -Amended 5 17-W.9-1-by4k4 No-n, Ne. 97 33; 12-1-1998 by Ord. No. 98 21; 10 2 2001 by Ord. No. 2001 28 (I) Water. (a) Base facility charge (zero consumption), effective for all bills issued on or after Januar)October 1, 1999.2003, without regard to the date of the meter reading: Meter Type Charge.charq� 5'8 3/4-inch $ 7.64 1-inch 19.10 1 1/2-inch 38.20 2-inch 61.1 P61.20 3-inch 122.24 4-inch 191.00 6-inch 382.00 8-inch 61 1.00611.20 10-inch 878.60786.00 12-inch 1642.60 -4- 006 m2i1 1006 4 .303291.1 (b) Plus: volumetric-Volumetric (gallons) charges as fbllow, effective for all hills issued on or after October 1, 2003, without regard to the date of the meter reading: II -fflective-October I, 2001, a charge-0-1W.51 per I.000 nallons 121 ,bee_ i 2002 f$0 w p i 00 , Effective Oeta, o o. -,-�,,�.,-ga,anst }3{ Effective October 1,2003. 're-barge of$0.61 p r 1.000 gallons, 14i--£-fleetive October I, 2001.a charge-of-SO 61 per 1,000 gallons, 151 Elloc-rive-Oetoher 1, 2005. a charge of$0.68 per 1.000 gallons. RESIDENTIAL IVUM;3ELOP GALLONS CHARGE PE111000 GALLONS 0 TO-0_400 GALLONS 6,001 TO.:12,000 GALLONS - $11/1 124001 TO_18.000 GALLONS $1 3J 1.8,00)`TO 24,000 GALLONS 24,901 TOJO QQO.GALLONS $4.92 30 001 AND GREATER - $5.98 NON-RESIDENTIAL NUMBER OF GALLONS _ CHARGE PER.:.1000 GALLONS 0 TO 6,000 GALLONS ¢,091_TO 12r000 GAL1 SONS $1.05 12,001 TQIS 000 GALLONS Slat 1&001 T024,000_GALLONS S1,97 24,001 TO 30,000 GALLONS $1.97 30 001 GALLONS AND.GREATER $1.97 (2) Sewer. (a) Base facility charge (zero consumption), effective for all.bills issued on or after October 1, 1991.2003, without regard to the date of the meter reading: -5- 5 006.30329.1...,.1.006 .303291.1 Sire+>I� Meter Type (auehes) Charge 5/43/4-inch $ 13.81 1-inch 34.53 1 1/2 inch 69.05 2-inch-.....-.... 110.48 3-inch 220.96 4-inch 345.25 6-inch 690.50 8-inch 1,104.80 10-inch _..... 1.588 151,726.25 12-inch. . ... . . 2 969-1-53,452.50 (b) Plus: volumetrheVolumetric (gallons) charges as foIlewseffectivefor all bills issued on or after October 1, 2003, without regard to the date of the meter reading: 111 -F ltective-October L 2001a-charge-of$1.56 per I,000-gallens$ 121 Eileen v e October k 2002 he ge-o-g-$1 65per 1.000 gallons; {31 Effective October 2003 charge of$1.75 per-1 00 vinous; ILL feet Oct 51— I ffoctive October I, 200 rn-e rirge of$1.97 per LOGO gallon:;: provided that, for those residential consumer; with-a-tivt eighths i„elnocl..,;-the :ewer service charge shall be calculated as the base flicility charge-pus the current charge per 1,000 gallons up to a maximum of 12.000 gallons. RESIDENTIAL NUMBER OF GALLONS CHARGE PER 1000 GALLONS 9 TO 12 000 GALLONS $1.98 12,_001 GALLONS AND GREATER $0,00 -6- OOFi-343291-,1006 6 303291_..1 NON-RESIDENTIAL NUMBER OF GAJ J.ONS CHARGE PER 1000,9ALLONs 0 TO 12 000 GALLONS - $1.98 12,001.GAT.T ONS AND GREATER SL28 (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 § 173- 5.1 of this chapter. 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. Conuumera shall have live calendar-days from the due date to make payment 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 late fee as provided in section I73-4(G)(2). If an account is two months or more in arrears, the eityCity 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 ot=$24Lmust be paid. lithe service restoration is raquestod tiler 5:00 p.m. or en a weekend. the service restoration chargecharges shall be $ V establi hed by resolution of the City Commission. Restoration of service will require new deposits. If payment is made after 5:00p.-m. there will be no servicerestoration until the next business day, {Amended 9 20 499 1 b_- r„ T94 2111 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 he 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 § 173-5.1 of the Code of Ordinances of the City of Ocoee. {Amended 5 17 1991 by Ord. No. 91 I3} D. Specific charges. The lbllowingCity Commission may establish by resolution specific charges sballto be collected by the eityCity from each consumer under the circumstances set firth bekwdescribed in such resolution.(I) Turn on Such specific charges may include but shall not be limited to charges for the following: turnon/turnoff for customer cpn1Yetien ej unauthorized connection penal fire hydrant meter deposit; tanker fill-up/bulk water charges- tampering with meter or installation of unauthorized bypass; fire lines; and meter testily -7- 000303291,-1006 7 .303291.1 (a) —44egular business hews. {I] Turnoff only: twenty dollars ($20.1. =;aru(81 only: twenty do-Pars( ). (b) Nonbur:net he -s: I Turnoff only: thirty dollars ($30.). {3{ Turn on only: thirty dollars ($30.).(2)1'nauthorizedunnauthorized connection penalty (`etch occurrence): one thousand dollars ($I,000.).(3) Firc; fire hydrant meter deposit(por meter): cix hundred dollar(41600.).(1) Tanker; tanker fill-up/bulk water cl.:vge.- c b.,o thousand (I.(00) gallons]: one dollar($-l-.-14-5)- Tamperingcharges; tampering with meter or installation of unauthorized bypass (each occurrence): Size of Meter (inches) Charge Y,rx-ii8 -$-7 ,00 I 150.00 1 V. 250.00 • 2 500 ran All others 1.000.00 (6) Fire lines (payable annually inadkance on October 1): Size of line (inches) Charge 4 $ 300.00 6 6(10.00 8 800.00 10 1.000.110(7) Mete); fire lines; and meter testing: ten dollars ($10d. -8- 006 an on A006 303291 1 E. Nonsufficient funds or returned checks. The fee for checks returned to the city for nonsufficient funds or uncollected funds shall be ftiieen-doll.-. '.($15.) per-eheekestablished 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 .et fe0hproided in § 173-4B above. F. Service-charges. (IF. Commencing on October 1, 2004 and each October 1 thereafter, the Base Facility charge and Volumetric (gallons) Service charges-(volumetric) for water service and sewer service set forth in §173-4(A) above shall-be automatically adjusted for inerea;es and decrease- in expenses to the city in electrical power. chemical-and-w.osale treatment-costs using the following formula:increase by the greater of three_percernl (3%) or the nercentaee increase in the Consumer Price Index as published by the U.S. Department of Labor Bureau of Labor Statistics from January I to December 31 of the previous calendar year This jncrease will apply to all bills issued after October 1 of each year without regard to the date of the meter reading. New rate-- - old rate -4(9<,of budget-for-power and chemical; and wholesale rate x old rate x % Increase). (2) Said adjustn:.,at' City Manager-dee to increases or decreases in expenses. The-Giic Manager shall give the City eh proposed adjustments at luirt-thirty (30) days prior to the effective date thereof Such notice .hall also be set forth on all utility bills at least thirty (30) day- prior to ih.. -effeetive-dateAhereof. Within said thirty day period from notice to the City Commission-the City-Commission-nay, al its option, reject auy such adi.ut...-nts proposed by die City Manager, in wktieh-ease-said-adjustments shall-not lake-effect and the service charge: (volumetric) for water and sewer service shall remain unchanged. G. Surcharge; late fee. [Added.( 2-I-1191 by Ord. No. 91 18 j (1) Sewer users with discharges which exceed maximum concentrations shall be subject to a surcharge as set forth in § 173-70 of this chapter. (2) All past due accounts shall he charged a fi e-dollar-late fee each month if there is any outstanding balance due on the account live-f$?wodcirtgdays after the due date. The city must have actually received the payment by 5.00-pill. on the due date in order to avoid the late fee. Mailing prior to the late fee date will not he sufficient. Late fees shall be established by resolution of the City Commission. {Al d 9 20 1994 by Ord. No. 94 231 -9- 006.303291-1006 9 .303291.1 44, a due date or late fee date established pursuant to this scctiotrfalls o.rtracdcend or city • ,,,e-city is open forbusiness. [Added 9 20 1991 by Ord.No. 91 23} § 1737-5. Reserved_ Impleme-- s -,,°-�� ad-charges. [Added 12 19 1989 by Ord. No. 89 571 — chile-e -tinunhly rater and charger-titr water and scwer service set forth in § 1711 4 of this chapter shall apply retroactive to October 1. 1989. The method of crediting utility customer accounts shall to administratively determined by the City Rlanagor § 173-5.1. Rates and charges for consumers outside city limits. {Added 5 17 1991 he Ord No. 91 12; amended 7 17-2001 by-Ord. No. 2001 171 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 he 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 Reduced To January 1, 2003 19% January 1, 2004 18% January 1, 2005 17% January 1, 2006 16% January 1, 2007 15% §_173 5.2 Owner responsible for charges. In the case that an occupant or tenant of any Residential or Non Residential lot or tract shall receive a bill for the services and facilmes of the water or sewer system pursuant to this chapter and shall fail to pay such bill Ity the due date, then the owner of such lot, tract or property affected thereby shall he 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. § 173-6. Unpaid fees to constitute lien. {Added 5 7 1991 by Ord. No-"-„-04T 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 faro pay such bill, then the owner of such lot or arce mall 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 theany fees, rates or charges for the services and facilities of the water or sewer system shall not he 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 -10- 00e73O.,2moo6 .303291.1 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 he 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 he 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.EN § 173-6.1. Applicability outside city limits. {Added 5 17 1991 by Ord. No. 91 13} 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. § 173-6.2. Water and sewer service territorial-areas. [Added 5-17-1991 by ()rd. No. 94-13J A. The eitvCity 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 February 11, 1991 (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 February II. 1994 (the `Sewer Service Territorial Agreement"), respectively. The city-shall-not-provide water-+;efviec -nataide wk -watci scn-rice territorial area established byas defined in the Water Service Territorial Agreement shall constitute the city's "water service area." The sewer territorial area as defined in the Serier SCrri,e Icrrinnual Agreement shall constitute the city's "sewer service area." B. The city shall not provide water service ouuide ui the water servtcc area established by the Water Service Territorial Ageement, 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 cervicc territorial area water service area-are within the corporate limits of the city- The . C. The city shall- shall not provide sewer service outside of the sewer service territorial area established by Mc ti: „er Serrice lernnit] A, r.cuteniarea 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 territorial- area-are within-ihe corporate limits o€-tbe c[v-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 of the city so as to be in -1 l- 006-303291.10.06 _.}. ... .303291.1 compliance with the provisions of the Water Service Territorial Agreement and the Sewer Service Territorial Agreement. ARTICLE II, Water System Extension -Added v 21-1^v^ b_, 3rd. NNo, 7491 § 173-7. Purpose. {Amended 10-4-1988 by Orel-Alo.-88424 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 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. 173-8. Availability. }Amended-to-4-1988 by Ord. No. 88 32f 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 Water System Ala ner-Wen. Fxtensionxomprehensive plan of the City of Ocoee, as may be amended from time to be undertaken shag-be-in accordance with this chapter and in general conformity with the adopted Water Sy:tent-Master h'lan.time. 173-9. Reserved Extension: o d e :e ^ _,_ ed 0-}-F988 by Ord. No. 88-32; 5-17-1994-by Ord. No.-04 I 31 Owners. builders or developers being potentiialcensttnter;, where the subject property-dies outside the existing service arst of the city, may apply to the city for the-extension of water distribution main; to said-property. ahe city shall not be obli;,ated to provide service outside it exiting s rvke-area but may elect to-do-gaper-(c.„i.>-t,.,dea,,,,h1t,,,. .;;,,,a.,co-t6ose-contained in this extension policy and such other policies a; Wray-from time to time be adopted by resolution-_of-the-t- tCommission: provided. howsc..r, that the city natty require additional capital charges should the ,ante-be-reasonably-required-in-order to maintain the same lovel of c In:iaikty-then in effect within the existing service area. -12- 0063032-91,4009 12 .303291,-1 § 173-10. On-site facilities. {Amended 10 1 Is?�4� 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. Mein the event the cityN requirement for 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 .:uhjee-t-of-u refunding agreement as set forth hereafter in this chapterdeveloper. 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. § 173-11. Water capital charges. {-Ame•ti�.,�, -4-4' 988-4 Ord. No. 88 32. 3 6 1990 by Ord. No. 90 0(,: S 'I 1991 by Ord. No. 91 17; 8 141 1992 by Ord. No. 92 191 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 &termination 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, 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 he 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 feecharge or who have entered into an agreement with the city providing credits against the water connection feecharge 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. -13- 006,30329.1-J006 13 ..303291.1 C. For the purpose of calculating and imposing the water capital charge, the ERU factor for aany particular connection shall be calculated and imposed in the manner provided as follows: I stabtishtnent Unit factor Residential Si le family detached Per-dwellingrit 1.0 Duplex-(1 _ - i ig-unit 0.833 - Duplex (grunter than 2 bedrooms) Per dwelling unit 1.0 --Multifamily (efficiency) Per dwelling-unit (L5 Multifamily-El-t -bedroe n) Per dwelling-link- 8I Multifamily (grottier than 2 -bedrooms) Per-dwelltngunit 1.0 Mobile home (1 to ) bedroom) Per dwelling unit 0.833 Mobile-home (greater" -2 bedrooms) Per dwelling unit 1.0 Commercial Shopping center and Pa 1,000 square 0.5 -retail-ghopping feet grow -feet-gre:c 0,5 Office building(add thu - -Per 1,000 square feet 0.4 service and retail space) Auditorium Per scat 0.02 - Barbershopibcouty shop Per work station 0233 '[heater Per seat 0.02 -Dimh.r-theater--- Per seal 0.1 hailer park(cwernight) Per site 0.833 Dentietstoffrce ------ Per dentist 1.0 Per wut-ehair— Th667 Doctorsueffice — --Per doctor - I.0 -14- 006,303291.1006 14 .303291.1 I lospital Per bed 0.833 Nursing home Per bed 0.5 Automotive service and/or Per bay 1.0 detail facility Automotive car. Add Per wash bay 3.7 Add ----- -l—r public rest room 1.5 Convenicuce store' _..._Per-publierest-room 1.3 service gas pump., Inda.;trial/manulac1uring (not including food service; not including industrial waste) - `A ithrnit shower„ Per 1,000 square feel W With showers Per 1,000 square feet 1.25 Il.,tel, ,,,.,t,.l (dot i„cl..d;,L r-rru -- 0.5 tix>tf service. banquet and meeting room.; and laundries which are calculated—Warehouse Per re room 0.75 Per 1,000 square_, t 0 Grocery store--- Per 1.000 square fees 0.75 Food service: Restaurant/cafeteria Per scat —A-1- Restaurant(74 hour) Per scat 0,185 Restaurant (fact food)----- Per seat 0.1 Schools, middle and high Per siuden 0.075 Schools, elementary and nursery Per student 0.033 ESTABLISHMENT Factor RESIDENTIAL PROJECTS Duplex (1-2 Bedrooms) Per Unit 4$33 Duplex (for mo R cl ;nfrt4l Per Unit 1000 Mobile Home (1-2'Bedrooms) Per Unit 0.667 Mobile Home (3 or more Pet_u_n_it 0.833 bedrooms) Multifamily: Efficiency (Less than Per Unit 0.500 500 sfl Multifamilvi1 bedroom unitsL(See Pat -. 0 Note 9) ee Multifamily. (2 bedroom units) (Be Per Unit 0 833 -15- 006:303291,1 006 13 .303291.1 Multifamily, f3 or_mgr_e bedroom Per Unit j„QQQ units) (See Note 91 Single Family Residence Per Unit 1.000 COMMERCIAL PROJECTS Animal Kennels _ Per Kennel Run 0.160 Auditorium Per Seat 0 017 Automotive Repair& Maintenance Per Repair Bay Q2.5Q Bar/ Cocktail Lounge per Seat 5 0.067 Barber/Reaaty Shop Per Operator Staljorl 0 30Q Bowling Alley Per Lane 0.330 Church - Per Seat 0.01Z Convenience Store (No Gas By FU Lee FU ' Pump.51 Table Below Dentist Office Per Dentist 0.833 Extended Care Facilities Per Efficiency 0.500 Hospital _. Periled 0.833 Hotel / Motel (See Note 11 Per Room 0.500 Hotel /Motel Suites. 1 Bedroom ft Unit 0 583 See Note 11 Hotel / Motel Suites. 2 Per Uoit 0.833 Bedrooms(See Note 1) Hotel / Motel Suites. 3 e mor- Per Unit 1944 Bedrooms (See Note 11 industrial Buildingsi See Note 21 Per Employee a117 with showers industrial Building&( See Note 21 Per Emolovee Q 50 without showers ILandseaDe Irrigation Per 1.000 SF 0:125 :Laundry. Self Service _ Eer Mashing 1.333 edical Office (formerly: Doctor's Psr Doctor 1Qffioe) Meeting & Banquet Rooms Per. at 0.017 ------------------- --- Nursi 'Home Per Bed 0.417 !Office Buildinaj See Note 31 Per 1.000 SF. gross 1 'Restaurant (Cafeteria)III Service Per Seat 0 100 Restaurant. 24 hour Per Seat 0 167 rEestautan.LEast Food Per Seat 0.050 Retail Soaces By FUJ $eeJQ! Table Below Schools, Elementa & Nursery Per Student 0 025 Schools. Middle & High Per Student 0,067 Self Service Gas $tatIpn1see NOW Per Toilet Room 1.000 -16- nnc n3294-1 Th 16 303291 1 5 ervice Station (See Note 61 Per Toilet:Room ] OQQ Service tation'(See Note 6L 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 (overniahtl Per Space 0.333 41t a Space (See Note 41 B See FU Below NOTES J. 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 Fitt ire Unit (FU1 basis. 3. Office buildings: add food service and retail DS ace. 4. Warehou PE Mir' i e 4rhrP fir(_ a .ra A.(Zrs ail-SrlPra pelf service gas stations: add Fixture Units (FUL 6. Service faasoline) Stations: add the total of EMI factors for MI service bays.wash bays (not' recycled) and toilet rooms Automatically recycled vehiclewashing systArns -.re uire a professional engineer's signed and Pal.cLe-timates rapacity usage, 7. See Fixture Unit (FUl calculations on FU Table below 6, Ocoee requires a minimum of 1_00 ER U per each separate commercial establishment 9. Multi-family oco'iect&based upon _units only: Qo additional capital charges far laundries pool or management offices. Capacity Demand Based . . Fixture Units- Type of Fixture Fixture EBU Units COMMERCIAL PROJECTS (Fylr Drains, condensate 1.Q ton Drains floor&fixtures not listed: 1 1/4 inc trap prains. floor& fixtures not listed; 1 1/2 Ind) ,Q r__ . _ tag Drains. floor & fixtures not listed: 2-inch trap r r Prains. floor &fixtures not listed ? 1/2 inch 4S0 r tree Drains, floor &fixtures not listed: 3 inch trap 5.0 417 -17- 006 4,1291-14445 - 303291 1 rains, floor & fixtures not listed 4 inch trao 6;0 0.500 DrinkingF n i Q@ 0.042 Laund(yTr.y 2.9 9192 !await Ma(greater than 2,Q 0.167 1=114 inch trap) J.avatory small drain (1-1/4 inch I q 98 trap) __ Showers r h eeath 3.0 0.250 Sink, combination (food service) 3.4 0250 Sink combination (aer�age grinder) 44 0.333 Sink, compartmented (2) 3.Q 0.250 Sin compartmented jai 4 4 0.333 Sins, flush no rim 8.0 Q 667 $in service (moo/iianitgr) 3.0 0.250 Sink, service ("D" trap) (Hand) 2,9 0.167 Sink,(pot. scullery, etc.) 4.0 0 333 Urinal 4.0 0.333 i Washing Machina (Non coin Varies Varies laundry) by drain size above Water Closet. public ID 0.500 RESIDENTIAL PROJECTS frequirina larger than 5/8" meter) L Bathroom Group 5A 0,500 iwater closet. lavatory bathtub/shower) Bath, Half 4,0 0.333 11ishwa5bPr i 2.4 0.167 Drains (by drain size above) r I Varies Varies Lavat nt 44 0.333 Shower Stall F i0 0.250 ink lin 29 0.167 Sink. kitchenlgarbage 3-0 0 25 grinder/dishwasher) Sink,laundry 2.4 0 167 ------------------ - - WaatilLatopja(kt giLoiriske, Varies ri above) NOTES _ L-_ 1 ,1 Continuous and semi-continuous flows (pumps air conditioning systems, etc.) are 2 0 FU -18- 00673.30329- .'005 1$ 303291.1 Iper aallon per minute (anmLofilow, 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 Recharge 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 (Low. "fhe water eapite; eliern -1 ^ F. The water capital charge shall be paid prior to the is3.,hn rexecution by the buikkng Ic pit--persuant to § 51 21city of the Oecec Codc of Ordimrces.FDEP construction application, but in no event later than the issuance of the buildingpermit. IG. 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 City EngineerDirector to support a requested decrease in the total equivalent residential unit value. The City EnghrcerDirector 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 City EngineerDirector for review. The City linginacrDirector 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 he 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. - - 173-12. Obligations of city. {Amended 10 11988 by Ord. No. 88 32} -19- 1-9 00&30329-1-J006 .303291.1 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 forwaterfor water service to a developer's lot line ready for plumber's hookup and the installation of meters. § 173-13. Obligations of developer. It shall he 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 all 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. § 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 require that the developer, in addition to the contribution formulas set forth herein, bear the cost of the preparation of developer agreements by independent counsel or persons qualified to 006.36329 1.1006 2-0 .303291.1 draft and prepare such agreements. Said charge shall not exceed that amount normally to be contemplated for such services. § 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 such 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 he 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. § 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 ;anitarycivil engineering, covering the design of a developer's on-site water distribution system and any off-site facilities which may be re uir bythe city; provided, however, that each such design shall be fully subject to the approval of the city's eng1neerDirector 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. Than 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..he 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 maybe 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. § 173-17 Meter installation fees. f. A. Ocoee will charge to each prospective consumer requesting water service a meter installation fee Jet. Barth-in the schedu1eke1Nu-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 -21- 21 006-3032941-006 .303291.1 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 any one (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. This is proscnt :nco r,orated i;to ati,ionneetion Its for residential connections. B. Ice schedule, hi -scheddule estahli_hetl.., ,ni.t;r,rum tzcMeterInstallation Fees, Meter installation fees as adopted by resolution of the City Commission_ are minimum fees and ussame.assume that the consumer's facility is ready for a meter set. The cityDirector may assess such other fees as necessary to recover the cost of meter installation. Meter Sizc (inehes) Pee. 5/8 or; (angle-residential size) S 100.00 1__ .-200.00 I—?50.00 v3rnnn 2 (bronze case) 900-.00 3 (bronze casa) — - -13-54.00 ease) 2,200.00 6 (bronze case) 5,100.00 8 (cast iron) 7,100.00 !n ca,'st-iron) 97500-00 § 173-18. Inspection fees. {Ank ,ded 10-4-1988 by Ord. No. 88 7,2f 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 he 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 twethree percent (23%) 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. -22- 006:303'r91,1006 22 30329 L 1 173-19. 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 shall, 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 he transferred to the city is free of all liens and encumbrances. 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 criteriaestabhahedcriteria 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. 173-20. Off-Site facilities; Refundable advances. -Amexxled 10 1 I-9R& by Ord. No. 88 32: 9 5 19&9-by-Qrtl-P:o. 89 211 A. The city-tray—require, in addrtmn Lu he c.miu-ibuuu.au 1 {f)Vi-+-av-, ,et -lurdt hcrcin.a refundable advance by the develep r to further temporarily defray the coot of any There are properties within the city's water service area where the city oes 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. As set forth elsewhen,Nothing in this ext€ 1 is1rpolioy,4he-devekoperChapter shall always-be-responsible for his hydraulic share of the cost of be construed to require the city to extend any spch off-site facilities, as determined by the city. 1lownscr, this-ex-tension-milky recognize;-instances in which 23 006.303291.1006 .303291,1 to_.a developer may be required to advance the hydraxulic•-shag pmpestwirrordcr that off site facilities may-be-constructed to a..rve the deseloper'sde_veloper's property and at the same tun be sire�> rdance with the t tty-A=ntcr Sv a ni All amounts expended by the devek per over andatbove r .;ite facilities, as determined by the city-shatl-be-itfunded to the developer only if a refund agreement-is-entefe4pr to_ enter into with-the city prior tothe connection of the developer' rope-Ay-with-the-then terminus of the Ocoee water system. Such refund shall be in accordance nd • "s r - a refunding agreement which the cif ill e ec .ate.; „a.,r reimbursement agreement should a developer. The refund agreement shall provide for a plan of re,° "' at ed ",*+-- + ._,�,••� ' �r-of of er properties, or others elect to the extent of their hydraulic share, which properties-shall be rorvca ' . � e_ _ by the developer. The agreement shall also provide for a credit-to the developer against water capital charges for improvements to the primary-water main. Notwithstanding the provisions of thi: aection, the-city may limit the life ofundertake any such refund agreement to aterm of not more than term: and conditions of-the -. ,d--ag alitent will have hp,., -e,.d-tit,.. ,.fn, steahrt..l,. .el agreement-will be canceled. In no e per-recover an amount greater than the da}2rcnce-between the capitalized cost of such off site improvemen :r.n.,d-t,e' ' veloper's own hydraulic share of such improvements. -I Inc city shall not include any interest upon t•e-refnnd of u developer's advaneeextension. B. When a developer seeks water service for property for which the city does not have in place the off-site water infrastructure facilities necessaryto connect such property to the city water system, the city may require, in addition tut the coutuhution provisions set forth herein, that the developer pay (without any credits against the ap lilicable 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 Cuy tivrater 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 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. 43. AD. 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 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 Maser Plan. The city may accept or reject any such proposed refunding agreement. If the city elects to accept such a refunding agreement, it shall -24- 24 004303291.1006 303291.1 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 followin ads the minimum provlslwns thereof: (i) The developer shall always he responsible for his hydraulic share of t to 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 refundedto 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 Nam. the connection of other properties, to the extent of their hydraulic share which properties shall by served by the off site facilities installed by the developer; (iv) The city may limite life of such refund agreement m a term ofnot 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 wille 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 sue facilities, the city shall be reimbursed in full before any payment is made to the developer; (vui) The refunding agreement shall contain a sketch or legal description of the benefited properties; and (ix) The refunding agreement shall be recorded m the public records of Orange County, Florida. If the city enters into a refunding agreement as aforesaid Shen 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 proportionportion of the costs of such off-site facilities based upon-its-or 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.-l-f-4he ' - , .en the-payment sha he made to a d retained b . n § 173-21. Connection water capital charge adjustment; escalation. [Amended 101 11988 by Ord. No. 88 32 g-18-1992 by Ord No-92-141 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 RegulationProtection 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 1ngineerintiNew.Engineering News Record (ENR) Construction Cost Index as established on January 1of each year. The water capital charges shall he automatically adjusted annually by the percentage change in the ENR Construction Cost Index as_established on January 1 of each year. -25- 006.303291.1006 25 303291.1 § 173-21.1. Water capital charges for consumers outside city limits. {Added 5 17 1991 by Ord. No. 91 131 The water capital charges established by § 173-11, 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 twenty f:.c percent (25%) of such water e-apital cha gethat surcharge established ini173.5.1 above. § 173-22. Availability of copies of policy. Copies of this extension policy shall he maintained at the Ocoee water systems 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{Added 10 1-4988 by Ord. No. RA 721 § 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. § 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 Sewer System Master Plan. Extensions to be undertaken shall >e in aecioudence with this chapter and in general conformity withcomprchensiveplan of the adopted Sewer System Ma.;ter Plan_City of Ocoee, as may he amended from time to time. -2t5 006.34329t006 26 .303291.1 Owners. builders or -developers King potential consumers, °-lies .n t,dezhe existing-service area of the city, may apply to the citygbr the extension of sewer linos to said property. The city stud- ' provide service* ''_ - • but may elect to do-iT-tt,e+-Lnrs-a+, ;editions-similar to those contained in this extension policy and sech other policies as may from time to time he adopt Ceitimiseistpiiweided,howtver, that the city may rr.quife-tu,d,,, e nal capital charges should the • • ,v ly required in order to maintain the sank, level of economic feasibility then in effect within the oxisting service area. § 173 25 Reserved § 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. § 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, pumprpump stations, valves and all appurtenances as shown upon the approved design of such sewer system. C. Thcln the event the city-reg cement-fork requires the installation of oversized lines or facilities designed to provide service for other properties then the city shall pay for the cost of suchsiversizing by means of a direct cashhpayment by the city to the developer or a credit against water capital charges otherwise to be paid by the subject of a refunding agrcem nt-as set f -hercafter in this chaptei_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. § 173-28. Sewer capital charges. Amended 6 1990 by Ord. No. 90 06: 6 9 1991 by 91 12. 8 1 o 1 nm r,.f�. No.-)2 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 -27- 006.303291.1006 27 .303291 1 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 erritory 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 aany particular connection shall be calculated and imposed in the manner provided_as follows: I Ccmbl i shmein-Unit- Factor Single family detached--- Pe- t 1.0 Duplex (1 to 2 b droom) Per dwellinf, unit 0.8:13 —Duplex (graver than 2 bedrooms) Per dwelling unit 1.0 Multifamily(efficiency) Per dwelling unit 0.5 Multilamilyfi-to 2 bedroom) Per dwelling unit 0.813 MultihMuily(greus than 2 Per dwelling unit 1.0 Mobile home H-to-2-bedroemns) Per dwelling unit --482.3 Mobile home(greater than 2 Per dwelling unit 1.0 bedrooms -28- 006,0329-1-.-1006 28 .303291.1 Commercial -84,6peiag Per 1,000 square t1.5 retail shopping Office building (add food Per I,000 square Lot 0.4 service and retail .,pae-e) Auditorium Per :cat 0.02 Laundry, self s.rvic, Per machine 1.1 -Barbershop/beauty shop Pcgwork station 0.333 Bowling alley Per lane 0.333 Thcut, r Kr seat 0.02 Dinner theater Per seat - 0.1 Trailer park (o tn,ight Per site - 0.833 Dentists' office Per dentist LO —Per wet chair 0.64;7 Doctors' office Per doctor I.0 I loepital Pawed 0.833 Nursins home Per bed 0.5 Automotive service andlor Per-hay 1.0 aetai i Automotive car„ Add P<;..Rn',i v 3.2 Add Per public rest room 1.5 Convenience ❑tore! Per public r.at room -44 self:erkieo symmps Indastrial/nanufactugingBlot - including rood service: not i ncludinolustrial-waste) Without showers Per k000square-feet 0.4 With showers Per I,000 square feet- 1.75 Hotel, motel (not including Per room 0.5 food xiroice, banquet. and meeting rooms and-laundries) Church Kr seat 0.02 Warehouse Per rest room 0.75 Per 1.000 square feet 0.2 Grocery store Per I,000 square feet 0.75 Restaurant/cafeteria Per seat 0.1 Restaurant(2[1 hour) Per scat 0.185 Restaurant-(fast-food) Per seat 0.1 —Bea riesektriLlounge Per seat 0.1 Schools, middle and high Per student 0.075 Schools. .I.mefarv-and-nor:env Per student 0.033 ESTABLISHMENT 1 Unit Factor 1 _29_ 29 006,303291,1006 3032911 --- RESIDENTIAL PROJECTS DUDlex (1-2 Bedroomsl — Per Unit DMA Duolex,.(Sor more Bedrooms), Per Unit .IL 0Q Mobile Home (1-2 Bedrooms) Per Unit 0.667 Mobile Home (3 or more pal ps bodrodmsl ultifamily. Efficiencv (Less tha Per Unit Q 5Q4 500 sfl Multifamiv..(1 bedroom units) (See Pam' 0.583 Note 91 ultifamily. (2 bedroom units) (See Per Unit 9to 9) Multifamily. (3 or more bedroom Per Unit 1 000 (nits) (See Nott9) Single Family Residence Per Unit 1 OOQ COMMERCIAL PROJECTS nine) Kennels Per Kennel Run 0 160 Auditorium Per Seat- 0.017 Automotive Repair& Maintenance Per Repair Bay 0250 Bar/Cocktail Lounge Per Seat 0.067 Barber/Beauty Shop • - •S . - . . '•1 0.300 Church LOU Convenience Store (No Gas B See FU Pumas) Iabl Below Dontist Office _ Per entist 0.633 Extended Care Facilities Per Efficiency 0.500 Hospital Per Bed 0.833 Hotel /Motel (See Note 11 Per Room o 0.500 Hotel /Motel Suites. 1 Bedroom Per Unit 0.563 fSee Note 11 Hotel /Motel Suites. 2 peL _pjt 0.833 Bedrooms(See Note 11 Hotel / Motel Suites. 3 or more Per Unit 1.000 Bedrooms (See Note 11 Industrial Buildings ( See Note 2) Per Employee 0 1 with shovers industrial Bili1dinos_1See Note 2) Per EmDlovee 0.050 without showers Landscape Irrigation Per 1.000 SF 0.125 -30- 006.3032a—i91.'006 30 303291.1 Laundry. Self ServicePer thine 1.333 Jvledinal Offiee(formed : Dgctor'E Per Doctor. Office) - MeetingA B.nauet Rooms Per Seat 0..017 Nursing Home Per Bed 0....417 Office Building ( See Note 3) Per 1 0001SF Dross 0.334 RestaurantlCafeteria), Full Servire Per Seat:: 0J00 ftestaurant_4 hour Per Seat co 0.167 Restaurant Fast feed Pet_Seat ',.: 0 050 Retail Spaces BVI See FU DWI @elow Alsipc_ urntaryRNir. Pry PerSt&-,0t 0.025 Schools. Middle & High Per Student 0.067 §elf Service SasStationlSeeNote P,grToiletRoont 1.000 5) Service Station (See Note 61 Per Toilet Room 1.000 Servi a Station (See Note 61 Per Service Bay 1.000 Service Statical l$-ej4o ej — Per WashBay 3.200 Theater Per Seat 0.010 Theater (Dinner) Per Seat 0.067 Trailer Park (overnight) PerSDace 0.333 Warehouse Space (See Note 4) g U See FU Table mow NOTES 1. Hotels and motels: add food service banquet & meeting rooms, and self service laundries 2. Add food service; does n t inglgd industrj l w ste flows which ar al let d on Fixt �e Unit(FU) basis. 3. Office buildings: adi fggd service and retail Space. 4. Warehouses: add of ice sbace food service and retail space __ 5 Self service gas stations: add Fixture Units (FU) 6. Service)gasoline) Slattern] add the total of ERU factors for all service bays.wash hays (nnt recycled) and toilet rooms Automatically recycled vehicle washing systems reduire 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_oer each seoarate commercial establishment 9. Multi-family groiects based upon units only no additional capital charges for laundries pool. or management offices Capacity Deman Based Uoon Fixture Units FVA -31- @O6 9ce 3O32 i } 303291..1 Type of Fixture Fixture EMI' Units COMMERCIAL PROJECTS (F!il Factor Drains,ondensate SQ Drains: floor &lfjxturesnot listed; 1 1/4 inch ii) Q;Q63 traQ Drains. floor&fixtures not listed: 1J[2inch LQ Zia trap_ Drains. floor &fixtures not listed' 2 inch trap 10 0.250 Drains.-fleor& fixtures not listed. 2 1/2 inch SQ azaa tea grains. floor& fixtures not listed: 3 inch trap 5.,Q 2,417 Drains. floor &fixtures not listed' 4 inch trap ¢,Q 0.500 Drinkina'Fountain 0.5 2Q42 I atindry Tray 2.9 0 167 i ayatgrv,jarae drain (greater than - 2,12 0.167 1-1/4 inch trap) Lvatory small drain (1-1/4 inch 12 0.083 trap) Showers (oer head) 3,4 0.250 ',iv rcwlhjo n, oar♦ end et _ 3,Q 0.250 Sink. combination a aae grinder) i 4.0 0.333 Sink. comoartrneoted 121 3.0 0.250 Sink. compartmented (31 441 0. -113 iNS�na rim as 0.667 Sink. service (moofanitorl 3.0 0.250 Sink service CD" trap) (Handl 2,4 0.167 Sink. foot. scullery. etc.) 4.Q Qui Urinal 4 Q 0.333 Wash ❑a Machine (Non coin Varies Varies Water Closet public 6,Q Q5QQ RESIDENTIAL PROJECTS r freauiring_laraer than 5/8" meter) Bathroom Group 6.D 0.500 fwater closet. Javatorv,bathtub/showerl Path. It 1f —--- 4.4 4.333 -32 4.2�1 - u_i 006 32 M 303291.1 Dishwasher 24 0.167 Drains (bv drain size above) Varies Vanes i ayatory 4 Q 0.333 Shower Stall S,Q,' 42.511: Sink. kitchen an 0.167 ,$ink: 1(j ten (aarhaae 2222 grinder/dishwasher) Sink. laundry 7 Q U.18Z iNotter clothes(bv drain size. Varies Varies, pbovel NOTES 1. Continu.ag and semi-continuous flows (Dumps, air conditioning systems.:etctare Zan per aallan Der minute (aoml 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 feecharge 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. F. The sewer capital charge shall charge shall he paid prior to the iss'" sexencuntion by the building permit pursuant to § 51 21c11y of the Ocoee Code of Ordinances.FDEP sewer construction application but in no event later than the issuance of the building permit, FG. 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 City EngineerDirector to support a requested decrease in the total equivalent residential unit value. The City I nginecrDirecmr 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 33- One 0329 1006 �q 3 303291.1 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 City EngineerDirector for review. The City ?ngincerDirector 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 alternative method of calculation, the applicant must advise the Director of such determination prior to the payment of the sewer capital charge. § 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. § 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. § 173-31. Developer agreements required. -34- 34 006.303291-1006 .303291.1 An owner, builder or developer may he 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 agreements by independent counsel or persons qualified to draft and prepare such agreements. Said charge shall not exceed that amount normally to be contemplated for such services. § 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 such 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 he 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. § 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 scivil engineering, covering the design of a developer's on-site sewer system and any off-site improvements which may he required by the city; provided, however, that each such design shall be fully subject to the approval of the city's errg+„ce.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. Th„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 approver] bye 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 -35- 006.30329k-.-1006 35_ 303291,1 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. § 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 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 twothree percent (23%) 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. § 173-35. Transfer of contributed property; hills 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 azy required off site facilities shall, prior to interconnection with the city's existing facilities shaft, 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 -36- 00691.1006 36 432 .303291 1 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. 173-36. Off-Site facilities; Refundable advances. , ^me.ded 9-5 1989 by Ord. No. 88 21} A. The city may require. in additionto the contribution ptiwisions let—t:Mrl h herein. t rc -•'••" • • '-ance " There are properties within the city s sewer service area where the city does not have in place the oft site sewer infrastructure lines and facilities necessary to connect_a developer to further temporarily Lino the coat of any's property„to the city_sewer system In these cases it may be necessary to undertake the extension of sewage lines and facilities necessary to connect the developer's property 's property with the cif sewer system and the primary interceptor force main in compliance with the City Sewer System Master Plan. 'Ile developerNothing in this Chapter shall always be responsible for his proportionate ;hare of the cost of be construed to require the city to extend any such facilities. as determined a , -•"�_ • l 'thepropoH;.sftsha, z,etdleahle-4o that oft site lines and facilities may be constructed-to-.verve the developer 'to a developer's property and at the same time be sized in accordance with the City Sewer System Master Plan. All amounts expended b r - eve _ _._. _.._ facilities, as detcnnined by the shall be refund d to ..,,. > .;. ' •� r sn.T.ror t4_enter into a refundrefundiing agreement I:; entered into withthe city prior to the comtecUon-ef-lte developer'• property with the pfm'ary interceptor Wtco main. Such refund shall he in accordance with the terms and conditionerf refundingor reimbursement agreement which the city will execute with the developer he refund n.e current chalkshould 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 ' • - pro� e ,; •,. the e f t sir pro - ,�,... ", service for_other properties-will-be served by the f tciliticc instilled by the developer. The agreement shall al'e provide for a credit to the developer against sewer capital charges for improvements to the primary interceptor force main. Notwithstanding-the provisions of this section. the city may limit the life of such refund agreement to a term of not more than seven (-7-dyears_after which time any portion of the refund nut made to the-developer-to the terms and conditionsof the-refund agreement will have lapsed. mad ther after such refund agreement will be canceled. In nu event shall a developer recover-an amount grcnter- ham-time-difference between the capitalized cost of suchimprovements and the developer's-own proportionate share of, in which case the city shall be responsible for the cost of any such iamprerements The city shall not include any-interest upon the refund of a developer's aivanee:Aersiaed lines or facilities to the extent and in the manner for in §173-27 hereof. -37- 7 006.303291.1°CA .303291.1 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 prover y to the city sewer system the city may require, in addtion to the conni hution provisions set forth herein, that the developer pay (without any credits against the applicable sewer c 'ail 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 itspriuiary inteiLephh time• main in compliance with the City Sewer System Master Planubject_to the provisions of173-27 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 Imes 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 proposedagreement 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 ac eptableto the city inns discretion, t3. All As another alternative to the developer's payment of the entire cost of extension of such oft 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_tuce main in with the City_Sewer_System Master Plan. The cam 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: (fi The developer shall always be responsible for his proportionate share of the cost. of such lines and facilities,ides, as determined by the city (HI All amounts expended by the developer over and above the developer's proportionate share for facilities, as determined by the city shal_t_be refunded to the developer only if a refund agreement is entered into with the city prior to the connection of the developer's proper y with the primary interceptor force main; (iii) The refund agreement shall..provide fora plan of refund based upon the connection of other properties to the extent of their proportionate char, which properties will be served 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 toth_developer by the terms and conditions of the refund agreement will have lapsed, and thereaftersuch refund agreement will be canceled; (v) In no event shall adeveloper recover an amount greater than the difference between the capitalized cost of such improvements and the developer's own proportionate share of_ iiicch 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- The refunding agreement shall contain a sketch or legal description o_f_the benefited_2overtes; and (ix he minding agreement sliall be recorded in the public records of Orange County, Florida. If the -38- 006. 29 h3O }006 38 .303291.1 city enters into a refundi� 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.1° • , the-eests-of-sttell-hreil14-1esthenThe-pwsrinenTsly § 173-37. Sewer capital charge escalation. {_'upended 4 18 1992 by Ord.No. 92 19} 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 RceulationProtection 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. § 173-37.1. Sewer capital charges for consumers outside city limits. {Added 5 17 1994 by Ord. No. 9' 13} The sewer capital charges established by § 173-28, as from time to time adjusted pursuant to § 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 twenty five percent (25%)of such sewer capitd-4-1...,�,that surcharge established in §173-5.1 above. 9 006.303291.1006 39 .303291,1 Document comparison done by DeltaView on Wednesday, July 23, 2003 10:59.17 Input Document 1 iManage://orldmsl/ORLA/303275/1 Document 2 iManage://orldmsl/ORLA/296998/4 Rendering set Standard Legend: Insertion Deletion \-hoed-from loved to Format change ddc ion Inserted cell • Deleted cell Moved cell Split/Merged cell Padding cell Statistics: Count Insertions 1057 Deletions 499 Moved from 7 Moved to 7 Format changed 0 Total changes 1570 ORDINANCE NO. 2003-25 AN ORDINANCE OF THE CITY OF OCOEE, FLORIDA AMENDING CHAPTER 174 OF THE CODE OF ORDINANCES OF THE CITY OF OCOEE RELATING TO RECLAIMED WATER IN ORDER TO ADOPT REVISED DEFINITIONS AND CONFORM THE CHAPTER SO AS TO BE CONSISTENT WITH THE REVISED DEFINITIONS, IN ORDER TO PROVIDE FOR THE ADOPTION BY RESOLUTION OF RECLAIMED WATER LATE FEES AND RECONNECTION FEES, IN ORDER TO ALLOW FOR THE CITY COMMISSION TO GRANT EXEMPTIONS FROM THE REQUIREMENT TO CONSTRUCT RECLAIMED WATER DISTRIBUTION MAINS WHEN NOT FEASIBLE OR IN THE BEST INTERESTS OF THE CITY AND IN ORDER TO UPDATE THE POLICY GOVERNING THE INSTALLATION AND USE OF THE CITY'S RECLAIMED WATER SYSTEM; PROVIDING FOR SEVERABILITY; PROVIDING FOR CODIFICATION; 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 amend Chapter 174 of the Code of Ordinances of the City of Ocoee, Florida relating to Reclaimed Water. NOW, THEREFORE, BE IT ENACTED BY THE CITY COMMISSION OF THE CITY OF OCOEE, FLORIDA, AS FOLLOWS: SECTION I. Anthnrity. .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. 006.300476.1 SECTION 2. The City Commission of the City of Ocoee hereby amends Chapter 174 of the Code of Ordinances of the City of Ocoee, Florida relating to Reclaimed Water as set forth in Exhibit "A" attached hereto and by this reference made part hereof(with additions double-underlined and deletions stricken). SECTION 3. Cndifieatinu. 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-lettered 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-lettered 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 4. 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 5. Effertive Date. This Ordinance shall become effective immediately upon passage and adoption. -2- 006.300476.1 PASSED AND ADOPTED this day of , 2003. APPROVED: ATTEST: CITY OF OCOEE, FLORIDA Jean Grafton, City Clerk S. Scott Vandergrift, Mayor (SEAL) ADVERTISED , 2003 READ FIRST TIME , 2003 READ SECOND TIME 2003 READ THIRD TIME AND ADOPTED , 2003 UNDER AGENDA ITEM NO. FOR USE AND RELIANCE ONLY BY THE CITY OF OCOEE, FLORIDA APPROVED AS TO FORM AND LEGALITY this day of , 2003. FOLEY & LARDNER By: City Attorney -3- 006.300476.1 EXHIBIT "A" CHAPTER 174 RECLAIMED WATER ARTICLE I, General Provisions § 174-1. Definitions. For the purpose of this chapter, the following terms shall have the meanings set forth in this section: BILLING -- The charge made for reclaimed water service. The charge may be made on a separate invoice or may be included on the monthly utility bill. CITY -- The City of Ocoee, Florida, and its Utilities Public Works Department. CITY MANAGER -- The City Manager of the City of Ocoee. CUSTOMER-- The actual user of the reclaimed water. CUSTOMER CHARGE A charge intended to defray administrative expenses, and the cost of reading meters and processing billings_ CROSS-CONNECTION -- Any physical connection or arrangement which could allow the transfer of waters between the City's potable water supply and distribution system, and the reclaimed water supply and distribution system or any other nonpotable water source. DEVELOPMENT -- Any proposed change in land use which alters the demands for water and/or wastewater services. DIRECTOR -- The Director of Public Utilities Works of the City of Ocoee. DISCONTINUATION OF SERVICE -- Cessation of a service by physical separation from the system's service lines to ensure that no service can be received. DISTRIBUTION MAIN -- A conduit used to supply reclaimed water from transmission mains to service lines. EFFLUENT — Treated wastewater flowing out of any treatment facility. FDEP -- The Florida Department of Environmental Protection, or its successor in function. -4- 006.300476.1 N N RESIDENTIAL Commercial, industrial office, warehouse and/or institutional uses, whether master me�dor individually metered, and/or multi-family residential units that are master metered. PUBLIC EATING, DRINKING OR BATHING FACILITY -- Water fountains, picnic tables, swimming pools, spas and food service facilities, such as tables and beverage counters, that are open to and provide service for the public. RECLAIMED WATER -- Effluent-from-City owned and-operated-wastewater--treatment-plant, which effduem-has been treated to advanced secondary treatment standards in compliance with the requirements of the Florida Department of Environmental Protection. Includes the term "treated effluent." The treated effluent may come from the city owned and operated wastewater treatment plant. RECLAIMED WATER REUSE SYSTEM -- Those reclaimed water mains, lines, fittings, valves and appurtenances, installed in public right-of-way or utility easements, which are owned by the City of Ocoee. RESIDENTIAL Side or multi-t:1mily_residential units that are individually metered. REUSE SERVICE AREA (UTILITY SERVICE AREA) -- Those areas where the installation of reclaimed water systems shall be available as provided in this article and shall be geographically defined as the existing Sewer Utility Service Area of the City of Ocoee, all areas now or hereafter within the City limits of the City of Ocoee and those areas which the City of Ocoee may designate by resolution at a later date. TRANSMISSION MAINS -- These mains, together with the storage and pumping facilities, transmit the reclaimed water to the distribution systems and other points of use of the reclaimed water. This transmission (delivery) system has been provided by the City. § 174-2. Purpose. The purpose of this chapter is to establish a reclaimed water use program. The establishment of a reclaimed water system is a vital ingredient in a program for conserving potable water. As the general welfare, health, safety and convenience of the Ocoee community are directly affected by the use of reclaimed water, it is in the interest of the public that the reclaimed water system be designed and developed in accordance with sound rules and proper minimum standards. § 174-3. Promulgation and enforcement water service procedures and regulations. A. This chapter hereby establishes that the City's existing Public Utilities-Works Department is expanded to include services and responsibilities for reclaimed water facilities owned and operated by the City of Ocoee. -5- 006.300476.1 B. The City Manager or the City Manager's designee shall have the power to promulgate procedures and regulations with respect to the following matters, which procedures and regulations shall become effective upon a resolution approving the same being adopted by the City Commission: (1) Application procedures, forms and requirements and allowable uses other than irrigation. All uses must be in accordance with applicable FDEP regulation. (2) Installation requirements, including specification of acceptable materials, devices and regulations to prevent backflow or cross-connections with other systems. (3) Procedures for enforcement of the ordinances and regulations pertaining to reclaimed water, including procedures for inspection of the customer's system. (4) Procedures for the orderly expansion of the reclaimed water system. (5) Procedures and regulations for the efficient operation of the reclaimed water system. C. Notwithstanding the foregoing, the City Manager or City Manager's designee may, when necessary for the efficient operation of the reclaimed water system or for the health or safety of the general public or the customer, establish regulations regarding the following matters, which regulations shall become effective at the time of promulgation without the need for City Commission approval: (1) The time(s) of day or night which the reclaimed water may be used by customers. (2) The maximum rate of use of the reclaimed water. D. No person shall construct, operate, maintain or allow to remain present on property owned or controlled by him any device or system which is connected to or which controls a device or system connected to the City's reclaimed water system and which is not in compliance with all provisions of FDEP Regulations and this code related to reclaimed water and with all procedures and regulations promulgated pursuant to this section. Reclaimed water shall not be directed, conveyed or piped into any residence or building used as dwelling unit. The person who owns or controls the property upon which such a noncomplying device or system is found shall be liable to the City for the amount by which the costs associated with the securing and/or removal of the noncomplying device or system exceeds the cost of a normal discontinuance of service. These excess costs shall constitute a lien against the property upon which the noncomplying device or system is located. E. Any customer whose reclaimed water system is in violation of any City ordinance, regulation or procedure shall be subject to immediate discontinuance of reclaimed water -6- 006.300476.1 service. Such discontinuance of service shall not relieve any person of liability for civil actions or for criminal or municipal ordinance violation prosecution. § 174-4. Areas embraced. All territory within the City of Ocoee and the tense-service-area Reuse Service Area served by the City of Ocoee reclaimed water system shall be governed by this chapter to the extent permitted by law. § 174-5. Public easement requirements. Reclaimed water service mains and lines shall be provided for properties located within the designated reuse service area at the same time and by the same person, entity or agency that is providing new or replacement sewer service lines and mains. Reclaimed water service shall comply with all provisions of such service as set forth in this article. A. No facilities will be installed under the provisions outlined herein and accepted by the City for maintenance unless they are in dedicated public rights-of-way or dedicated public easements. A dedicated public easement will he required for all facilities located within private roadways. Any new easement shall be adequately sized as approved by the City to accommodate construction and maintenance of any reclaimed system component. No obstruction of whatever kind shall be planned, built or otherwise created within the limits of the easement or right-of-way without written permission of the City. B. Reclaimed water system extensions and improvements shall be accepted by the City only upon receipt of the proper dedication documentation and the acceptance of ownership by the Director or his designee. § 174-6. Ownership. All reclaimed water facilities and appurtenances within dedicated public rights-of-way or dedicated public easements, when constructed or accepted by the City, shall become and remain the property of the City. No person shall by payment of any charges provided herein or by causing any construction of facilities accepted by the City acquire any interest or right in any of these facilities or any portion thereof other than the privilege of having their property connected thereto for reclaimed water service in accordance with this chapter and any amendments thereof. ARTICLE II, Reclaimed Water Service § 174-7. Connection required. A. Where available, the owner of every lot or parcel of land within the City of Ocoee developed for public. -commercials office, industrial; ware ou ing--and/or-multifamily uses) Non Residential users) and/op multi-fm_ily_units, whether individually metered -7- 006.300476.1 or master metered, shall connect or cause to be connected with the reclaimed water distribution system. B. Single-family home developments approved for construction after June 7, 1994, shall include reclaimed water distribution mains and shall connect to the system when reclaimed water service becomes available. C. Connection to the system is mandatory for all existing-new single-family homes and for all single-family homes constructed after June 7, 1994, where reclaimed water service is available. D. All connections shall be made in accordance with policies and regulations adopted by the City. This provision shall not he construed to entitle any person to cross the property of another to make such connection. E. For purposes of this chapter, the term "available" or "availability" shall mean that a transmission main is contiguous to or within 100 feet of any property line of-a-Class-A unit or within 1;000 feet of-a Class AM orElass-B-rmtt. F. Required connections shall be made within 90 days of notification by the City that reclaimed water service is available. G. All connections to the reclaimed water system shall be metered. § 174-8. Reserved-Reclaimed water user classification "There—is-hereby-established-a-unifortn classification of water fuser_ as follows: A. ..._ - n DDe4ac - ae„-,�-.�a.c ie single family residential-units—A4etef-required. B. Class AM, Multifamily residential faeilities. Master meter required. C Class B - Office--eommercial, public—industrial--and. _..a. ,,. tacilitie.,. Meter-required- § 174-9. Reclaimed water rates and charges. A. The City Commission shall establish by resolution rates and charges by class-for the use or availability of the City's reclaimed water system inside or outside the City. B. The City will charge to each customer connecting to the City's reclaimed water system 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. The City will require the payment of such meter installation fee concurrently with the request by prospective customer for the meter installation. The meter installation fee shall be -8- 006.300476.1 charged only one time for the installation of a meter at any one location; provided, however, that requests to exchange existing meters for meters of a larger size will result in a charge to the prospective customer of the difference between the existing smaller size meter and the requested larger single-size meter. The City Commission shall establish by resolution the installation fees. C. A customer whose reclaimed_water service has been discontinued may resume reclaimed water service by payment of past due amounts and a reconnection fee as established by resolution of the City Commission; provided, however, that where reclaimed water service has been discontinued for violation of the policies and regulations relating to the use of the reclaimed water system, such service will not be reconnected until the City receives, in its opinion, reasonable and sufficient guaranty that the violation will not reoccur. The_foregoing app ie_only to the reconnection of reclaimed water service. Reconnection of water or sewer service is eoverned by the per visions of Chapter 173 of the Code of Ordinances for the City of Ocoee. § 174-10. Billing and collection of fees. A. The reclaimed water fees and charges shall be billed and collected with the monthly utility hill for those properties utilizing City utilities. The reclaimed water fees and charges shall he billed and collected separately for those developed lots or parcels and owners thereof not utilizing other City utilities. B. All bills for reclaimed water fees and charges shall he rendered monthly and shall be payable at the same time and in the same manner and subject to the same penalties as utility bills of the City under the terms and conditions of the Code of the City. The reclaimed water fees and charges are part of a consolidated statement for utility customers which is generally paid by a single payment. In the event that a partial payment is received, the payment shall first be applied to garbage and trash, next applied to stormwater management, next applied to sewer, next applied to the reclaimed water fees and charges and finally applied to the water account. C. In addition to any other remedies or penalties provided by this chapter or any other ordinance of the City, failure of any user of City utilities within the City to pay said reclaimed water fees and charges promptly when due shall subject such user to discontinuance of water and sewer utility services, and the City Manager is hereby empowered and directed to enforce this provision as to any and all delinquent users. D. In the case that an occupant or tenant of any lot or parcel shall receive a reclaimed water fees and charges bill 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 hill. In the event that any reclaimed water fees and charges bill 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 lot or parcel affected thereby. The City may record in the public records of Orange County, Florida, a notice of lien giving notice to all -9- 006.300476.1 persons that the City is asserting a lien upon the affected lot or parcel. In the event that any such utility fee 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. § 174-11. Right to refuse service. A. No connection shall be made to the reclaimed water system unless specifically approved by the Director or his designee. B. No payment of any costs, submittal of any petition or any other act to receive reclaimed water reuse service shall guarantee such service. The City shall have the right, at all times, to refuse to extend services on the basis that a use is detrimental to the system; or there is an inadequate supply of reclaimed water; or lack of payment of required service charges; or for any other reason which, in the judgment of the Director, will cause the extension not to be in the best interests of the City. § 174-12. Service interruption. A. The City reserves the right to temporarily discontinue service to any portion of or the entire reclaimed water system as deemed necessary by the Director. B. The Director shall have the authority to establish schedules to control the use of the water reuse system in order to reduce-max-imum-pressure demands on the system and to regulate usage of reuse water to balance with supply and storage availability. ARTICLE III, Installation and Use of Reclaimed Water System § 174-13. Policies and regulations adopted; compliance required. The City adopts by reference the Policy Governing the Installation and Use of the Reclaimed Watcr System, dated May 10, 1994, as revised Septeir.,er-2O0^0l—June 2003, said policy being attached hereto as Schedule A and made a part of this chapter. Compliance with the policy is hereby required. § 174-14. Use of reclaimed water. A. Reclaimed water may be used for the irrigation of crops not intended for human consumption; residential lawns; golf courses; cemeteries; parks; landscaped areas; highway medians and rights-of-way; or for any other purpose specifically approved by the Director. B. Reclaimed water may not be used inside of any residential dwelling or to fill swimming pools, hot tubs, spas or wading pools. -10- 006.300476.1 C. The use of reclaimed water shall be restricted so that no wetted surfaces are located within 100 feet of any public eating, drinking or bathing facility. D. Reclaimed water shall not be applied to impervious surfaces that allow drainage to surface waters. Reclaimed water shall not be applied to properties containing subsurface drainage tiles or plates. E. All uses of reclaimed water shall require a reuse permit, issued by the Utilities-Public rks Department, following procedures established by the Director. § 174-15. Maintenance. A. All portions of the system owned by the City will be operated and maintained by the City. No person shall do any work or be reimbursed for any work on the system unless written authorization is provided prior to beginning any part of the work. B. The customer or property owner shall be responsible for the proper maintenance of all on-site facilities, including irrigation lines, spray heads and appurtenances on property served by the City. Failure to maintain the on-site system in the proper manner will be grounds for discontinuance of service until such time as the City certifies that the required maintenance has been performed. § 174-16. Petition for distribution main extension. Reclaimed water service may be provided to portions of the reuse service area as a part of the City's ongoing reclaimed water distribution main extension program. Property owners or residents may request extension of service to a street or within a subdivision or contiguous part thereof by filing a petition for reclaimed water service with the City. Forms for the petition are available from the Utilities-Public Works Department. Upon receipt of completed and signed petitions from at least 51% of all properties along a street or within a contiguous area, the City shall consider such petition and, if approved, schedule the installation of the reclaimed water distribution system at the earliest practicable date. § 174-17. Inspections. A. Duly authorized employees of the City bearing proper credentials and identification shall be permitted to enter any building, structure or property serviced by a connection to the reclaimed water system of the City for the purposes of inspecting the piping system or systems, backflow preventer, valves and/or all devices installed by the customer which connect to or control the reclaimed water distribution system or use of reclaimed water on such property. B. Consent to such access shall be obtained from a person of suitable age and discretion therein or in control thereof. The refusal of such information or refusal of access, when requested, shall he deemed evidence of the presence of violation of the policies and regulations adopted herein. -11- 006.300476.1 C. Inspections shall he at reasonable times and with reasonable frequency. Where there exists cause to believe that a violation is committed, the City may cause the property to be inspected as necessary to prevent or terminate the occurrence of such violation(s). § 174-18. Discontinuance of service. The Director of -Public Utilities or his designee is hereby authorized and directed to discontinue reclaimed water service to any property, after notice, where any violation of this chapter exists, and to take such other precautionary measures deemed necessary to eliminate any danger of contamination of the public potable water supply system. Reclaimed water service to such property shall not be restored until the violation has been eliminated in compliance with the provisions of this chapter. § 174-19. Unlawful works or connections to the reclaimed water system. A. No person shall be allowed to work on the reclaimed water distribution system without written consent of the City, and then only under the direction and supervision of the City. No person shall tamper with, alter, damage, cut into or make connection with the reclaimed water system or a City reclaimed water facility. B. No person shall open or close valves to the system, turn on hydrants or cause water to flow from the reclaimed water system without prior written consent of the City. C. Any person found violating this chapter shall, upon conviction, be subject to the penalties provided in Chapter 1 of this Code. § 174-20. Exemptions-and-variances. Exemptions-and-variances shall he approved or denied by the City Commission of the City of Ocoee after public hearing, based upon the recommendation of the Director, and upon consideration of the following conditions: A. Alternate reuse sites. Properties being developed as planned unit developments or developments of regional impact may be exempted from the requirements of reuse connection if a binding contract is executed for the provision of alternate reuse sites and lines that otherwise would not require the installation of reuse lines. For each acre of wetted surface to he exempted from the reuse requirement, 1.5 acres of alternate reuse wetted surface will be provided, including all lines and sprayheads necessary to irrigate the area. Any site considered as an alternate site shall be ready to receive reclaimed water concurrent with the issuance of the first certificate of occupancy in the exempted area. For the purpose of this exemption, golf courses are normally required to utilize reuse and therefore are not considered as an alternate site. B. Low-income housing subdivisions. Those housing projects receiving federal housing subsidies and other similar financial assistance may be exempted, upon recommendation of the Director, after submittal of information documenting that the -12- 006.300476.1 future residents of the project will he unable to purchase and maintain the necessary in- ground irrigation equipment. C. Reuse service not feasible. If the City Commission determines that it is not feasible or not in the best interests_DI the City to extend transmission lines to serve a proposed development, then the City Commission may exempt such development from the requirement to construct reclaimed water distribution mains and from the requirement that homes lots and parcels within such development connect to the City's reuse system. Under such circumstances. the City Commission may require as a condition for such exemption that a payment be made to the City in lieu of its construction of reclaimed water distribution mains. § 174-21. Inspection fees. A. The City reserves the right to inspect the installation of all reclaimed water 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 reclaimed water lines are installed in accordance with approved designs and are further consistent with the criteria and specifications governing the kind and quality of such installation. The City further reserves the right to be present at tests of component parts of the reclaimed water facilities for the purpose of determining that the facilities, as constructed, conform to the City's criteria. Such tests will be performed by the developer or developer's contractor but only under the direct supervision of the City's engineer or authorized inspector. B. The City shall charge an inspection fee not to exceed three percent (370 of the cost, either actual or estimated, of the subject reclaimed 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. ARTICLE IV, Enforceability § 174-22. Violation liability. A. Any person violating any provision of this chapter shall, upon conviction, be punishable as provided in § 1-12 of Chapter 1, Article II, and Chapter 7, Enforcement of Code, of the Code of Ordinances of the City of Ocoee. Each day such violation is committed or permitted to continue shall constitute a separate offense and additional violation. In addition, such person or customer shall pay all costs and expenses involved in the case, including attorney's fees. B. Any person or customer in violation of any of the provisions in this chapter shall become liable to the City for any expense, loss or damage incurred by the City by reason of such violation, including attorney's fees and costs of correcting unauthorized work, tampering or damage to the system. -13- 006 300476.1 C. In addition to any penalty provided by law for the violation of any provisions of this chapter, the City may bring suit in the appropriate court to enjoin, restrain or otherwise prevent the violation. -14- 006.3004➢6.1 Reclaimed Water System Policy POLICY GOVERNING THE INSTALLATION AND USE OF THE RECLAIMED WATER SYSTEM City of Ocoee Public 1ltilitiesWorks Department May 10, 1994, as-revised September2,001-June2001 TABLE OF CONTENTS SECTION PAC!: 1.0 INTRODUCTION 1.1 Background 3 1.2 Benefits 1.3 Source and Quality of Reclaimed Water 2.0 DEFINITIONS 4 2.1 General 4 3.0 POLICIES RELATING TO RECLAIMED WATER SERVICE 6 3.1 In-City Service 6 3.2 Outside-City Service 6 3.3 Availability of Service 6 3.4 Use of the Reclaimed Water Distribution System 6 3.5 Restrictions on Use of Alternative Water Source 6 3.6 Property Service Connection A 3.7 Customers System - Single Dwelling Units(Class A)Residential g 3.8 Customers System -Public, Commercial, Office. Non-Residential lndustriallWerehe nt.-Multi-Family. ---Developments(Gass-AM) 8 3.9 Backllow Prevention 9 3.9.1 n e Residential 3.9.2 Matti-4-amity4evelo inents-(Glass-AM)_Non-Residential 3-9 3 Puhhc, Cu}mHerc1ali-Office. Industrial (Class-13) ---10 3.10 Property Service Connection 1-0 -15- 006.300476.1 3.11 Discontinuance of Service by Customer 10 3.12 Service Not Guaranteed 40 4.0 APPLICATION FOR RECLAIMED WATER SERVICE �} 4.1 The Distribution System 14 4.2 Application for Reclaimed Water Service, Class AM Non-Residential and Class 13 Customers ----- ------ ----1-I 4.3 Application for Reclaimed Water Service, Gars A Residential Customer- - 12 -16- 006.300476.1 APPLICATION FOR RECLAIMED WATER SERVICE 1.0 INTRODUCTION 1.1 Background. The City Commission of the City of Ocoee has adopted a reclaimed water program which provides guidelines, requirements and an implementation (permitting) process that both encourage and require the use of reclaimed water in a manner that is beneficial to the environment and non-detrimental to the public health and welfare. This program is required to regulate and manage the comprehensive reclaimed water distribution system which conveys reclaimed water throughout the City's Utility Service District. This reclaimed water is primarily used for the irrigation of residential, commercial and public properties, parks, highway medians, and other athletic and recreational facilities. Other potential uses for the reclaimed water include: toilet flushing in new office and industrial buildings, cooling water, industrial process water, supply for automatic car washes, and, in specific cases, lake level-control-and ornamennl uses such as fount• •• - ' s. 1.2 Benefits. The benefits to be derived from the success of this program are several, and include conservation of the potable water supply, reuse of a valuable water resource, recharge of the upper aquifer, reduction in nutrient discharge to surface waters, reduction in transfer of saltwater contamination to the aquifer, and utilization of an environmentally safe and sensible method of disposing of effluent (reclaimed water). 1.3 Source and Quality of Reclaimed Water. The source of reclaimed water, which is delivered to the point of use by the reclaimed water distribution system, is the effluent from the City's Wastewater Treatment Planter emajor-trumnent-pneesses-aHhe-plant-include se onda , d by dual media filtration and high level disinfection or effluent_purchased from other governmental entities or utilities. These treatment processes produce a reclaimed water with the following qualities: good appearance, good clarity, non-staining, odorless, low turbidity and bacteriologically safe. The water contains low-levels of nutrients (nitrogen and phosphorus) which, if properly applied, will be beneficial to plant and turf growth. While you should not drink the reclaimed water, there is no known danger to an individual's health from casual contact when the water is being used for the intended purposes. The following policies and regulations govern the installation and uses of the reclaimed water distribution system and its related sub-systems and facilities within the Utility Service District of the City of Ocoee, Florida. -17- 006.300476.1 2.0 DEFINITIONS 2.1 General. The following definitions of titles, terms and system components, as well as definitions included in Chapter 174 of the City Code, are presented for the purposes of uniformity and to afford a more specific understanding of the following policies and regulations governing the installation and use of the City's reclaimed water utility. The other utilities owned and operated by the City which have varying degrees of relationship with the reclaimed water utility are the potable water system and the wastewater collection and treatment system. Approved Uses for Reclaimed Water -- Reclaimed water shall be used for irrigation of public and private landscaped areas and such other uses as are permitted by law. Reclaimed water may be used in conjunction with a drip-type irrigation system to irrigate vegetable gardens. Overhead irrigation of vegetables is acceptable only if the vegetables are peeled, cooked, or thermally processed before human consumption. Current FDEP Regulation (17-610) does not permit the use of reclaimed water for drinking purposes and/or in swimming pools. Available or Availability -- Shall mean contiguous to or within one hundred (100) feet of any property line. Backflow Prevention Device/Assembly -- Shall mean an approved device as designated for a particular application and as described in the Cross-Connection Control Manual which has been adopted by reference as part of Article VII of Chapter 173 of the Code of the City of Ocoee. Cross Connection Control Ordinance -- Shall mean Article VII of Chapter 173 of the Code of the City of Ocoee. Cross Connection Control Supervisor -- Shall mean the City employee in the Public Utilities Works Department who is responsible for the cross connection control program. Customer-Category-- C®sterner Class- B-shrill menu-al-l-p-uhlic ommereial. offieeAridustrialtwareheusmg -Customer-C-Ias -A shall mean all-multi family-developments. Customer Class A -Shall mean all single family-dwelling-units; Dual Distribution System -- Is a general term used by the American Water Works Association to describe a two-component water distribution system designed to serve an area. One component delivers potable water for drinking, cooking, bathing and other uses requiring potable water. The other component delivers non-potable water (in the case of Ocoee, reclaimed water) for irrigation and other uses not requiring potable water. While these two -18- 006.300476.1 systems may parallel one another and both may serve a property, there is no interconnection and their separation is strictly defined and carefully monitored. Irrigation System -- Shall mean the customer's in-ground piped system which delivers water to spray or drip-type irrigation devices located throughout the property. The system may be controlled by an electric timer or may be controlled manually. The system shall be equipped with special lockable hose bibb boxes providing irrigation by hose and/or portable sprinkler devices in addition to the in-ground piped system. Irrigation Well -- Shall mean a well located on private property and used to supply water to an in-ground irrigation system or other irrigation devices which serve the property. Metered Connection -- All service connections to pubiccommercial, office-Non-Residential and Residential customers shall be metered. Non-Residential - Commercial, industrial/warehousing, office, warehouse and/orinstitutional uses, whether master metered or individually metered; and/or multi-family residential units and single-fhiney-homes customers-shall-be-that are master metered. Reclaimed Water Charges -- Shall mean all other charges relating to providing or discontinuing reclaimed water service. Reclaimed Water Distribution System -- A comprehensive piping system provided to deliver reclaimed water to customers within the City's Utility Service District. The reclaimed water distribution system is made up of the following components: storage basins, high service delivery pumps, transmission mains and distribution mains and (property) service connections. Reclaimed Water Rates -- Shall mean the monthly charges for reclaimed water service, which have been established by, and may be changed by, resolution of the City Commission. Residential -Single_or multi family residential units that are individually metered. Service Connection -- Shall mean the reclaimed water service connection from the transmission or distribution main to the customer's property line, and shall include a corporation stop tapping valve at the main, the service connection pipe and a lockable curb stop, box, and shutoff valve at the property line. 3.0 POLICIES RELATING TO RECLAIMED WATER SERVICE 3.1 In-City Service. Reclaimed water service shall he provided for properties located within the City of Ocoee, on-a-first-priority-basis--to the extent available, which comply with the provisions for such service as set forth in these policies. Reclaimed water service shall be available to these properties as the transmission and distribution systems are extended. -19- 006.300476.1 3.2 Outside-City Service. - reclaimed-To the extent permitted by, law, reclaimed water service may be provided to properties located outside of the City but, within the--boundaries-in accordance with resolutions as may be adople hyAhe City Commission of the City's-Utility-Service Area; on a-second-priority-basis. At-the-City s option and convenience, service to such-properties strategically located-along--trims-mission-main routes may -provided-on-a first prioritybasis of Ocoee. 3.3 Availability of Service. Reclaimed water service is available from either the primary transmission mains or the installed distribution mains. Distribution mains will be extended into areas not presently served in accordance with procedures outlined in these policies and regulations. 3.4 Use of the Reclaimed Water Distribution System. Connection-Unless exempt from connection pursuant to Section 174-20 of the Code, connection to the system is required for all public, ew^w�..reeialt office, industrial/warehousing.-multi-family development Residential and single family--residential Non-Residential development in accordance with Chapter 174 of the Code of the City of Ocoee. 3.5 Restrictions on Use of Alternative Water Sources. Existing private irrigation systems which connect to the reclaimed water system and are presently served by an on-site well or other water source shall disconnect the well or other water source permanently. Dual or temporary connections of wells to irrigation systems served by reclaimed water are not permitted. Dual or temporary connections may he made to natural surface waters or artificially created surface impoundments as permittable by FDEP and/or St. Johns River Water Management District when declared exempt by the Public Utilities-Director. The Public Utilities Director may make such declaration of exemption as to a limited area or particular lake or as to a particular property or class of properties (i.e., commercial. -multi-family;etc Residential_or Non-Residential) and for such a limited time period as determined necessary by the Director of Public-Utilities-to serve and protect the public interest. In making such determinations, the Director of Public Utilities shall consider, among other things, the following factors: a. Whether city-wide reuse irrigation utilization is high; h. Whether such irrigation would not he detrimental to the body of water; -20- 006.300476.1 c. Whether the particular property or class of properties has the physical means to take water from the body of water using available facilities which can be isolated from other piping systems so as not to pose cross connection control problems. A declaration of exemption issued under this section shall not exempt the user or property from compliance with all other regulatory requirements of the St. Johns River Water Management District, State of Florida Department of Environmental Protection, the City of Ocoee, and all other applicable local, regional, state or federal agencies. 3.6 Property Service Connections. Property service connections shall be as required by the property served, but in no case shall be less than one inch in diameter. Each service connection shall be equipped with a lockable corporation stop or shutoff valve at the main and a curb stop or shutoff valve and box at the property line. The City's valve box cover at the property line shall be square and marked "Reclaimed Water." This service connection, together with its valves, are the property of the City. The customer may install his own shutoff valve immediately inside his property line for his own use. Two (2) or more customers may be served by one service connection if sufficient capacity is available. Such common service lines will be sized to provide adequate supply to each customer. 3.7 Customer' s System - Single Dwelling-Units (Class A)-Rcsidential. The customer's on-site system may be either a standard in-ground landscape irrigation system with a specially designed lockable in-ground control box or a specially designed lockable hose bibb box containing one hose bibb to be used to irrigate the property by means of garden hoses or portable sprinklers. The in-ground system may be controlled either by a manually-operated zone valve or automatically by a timer and related zone valve. If the customer elects to use the in-ground lockable hose bibb box, it will be supplied and installed by the City. The box may be installed anywhere along the property frontage on the property side of the sidewalk, and will be equipped with a special locking device to provide the customer the capability to control the use of reclaimed water on his or her property. The lid of the hose bibb box will be clearly marked -- Reclaimed Water. The service connection contains a tag stating "Irrigation -- Reclaimed Water -- Do Not Drink." The City will provide a quick disconnect device to be installed by the City, on the customer's 5/8-inch garden hose. The hose containing the device must be used for connection to the reclaimed water system ONLY. Above ground hose bibbs on the reclaimed system are NOT allowed under current FDEP regulations. 3.8 Customer's System -- Pah}4e om+aarcial. Oltieerhxlustrial/Warchousi. (Class R)awl Multi-Family Developments((lass AM) Non-Residential. The customer's on-site system for these—types -of-Non-Residential development may he a standard in-ground landscape irrigation system. The City prefers that the system be zoned and controlled by a timer. Low trajectory or drip-type systems are recommended; however, they are not mandatory. Signs as approved by the City shall be -21- 006.300476.1 placed in conspicuous locations within the landscaped areas of the developments. They shall read, "Irrigation with Reclaimed Water, Do Not Drink." If the owner or manager of these types of-Non Residential developments permits or causes vehicles to be washed on the property, a special area shall be set aside for that purpose and it shall be served by one or more lockable in-ground hose bibb boxes connected to the on-site reclaimed water system. The hose Bibb rack shall be clearly marked and readily visible with at least one sign stating "Auto Washing, Reclaimed Water, Do Not Drink." 3.9 Backflow Prevention. Backflow prevention devices will be required on potable water lines when reclaimed water is delivered to the properly in accordance with FDEP regulation 17- 555.360 and the City's adopted "Manual of Cross Connection Control." The City will install appropriate backflow prevention devices on single family potable service connections when reclaimed water is delivered to the property. The following summarizes Section Il, Reclaimed Water Systems, of the City's adopted "Manual of Cross Connection Control" and defines backflow prevention device requirements on the reclaimed system. Other sections of the "Manual of Cross Connection Control" should be referred to for specific information regarding backflow prevention assembly or device installation and testing. 3.9.1 Single Family Dwelling Units (class-Al. Backflow prevention assemblies or devices will be required on all single- family recteimed potable water services where reuse services are provided. The homeowner will he required to maintain the backflow prevention assembly (RPBA) in these situations. Where-n-hat4 low-pieventioirassembly-has-been-installed onan--irrigation service connection to-Me-potable water-system,-that--assembly may-be-eliminated-by -City pe.-soamel-tor-City Contractor) when-the-reclaimed :ystem-replaces the potable service-conneetion--The degree of hazard-e€-the cxi.tine irrigation system will-be--a-determining--factor-in-deciding-whether the assembly mutt remain on the irrigation system to the-reclaimed-serviceconnection.-The homeowner—will be rectuircd to-maintain-the-assembly-io-these situations.-If-the assembly-is eliminated it remains the-property-ef the homeowner 3 9 2-Multi-Family Developments (Class AM).- 3 9.2 _Non_Reside-nt ial. Backflow prevention assemblies will be required on all multi 'amity reclaimed tigatimrservic€-connections. Where-a bac-ktlow prevention assembly has been installed on an irrigation system-connected to-the-Non-Residential potable water system, that assembly may be-eliminated-by-City personneltorCittt-CentFaeter)-when--the-potable service connection is changed to a reclaimed service-connection-services connections where reuse services are provided. Whether the use of the assembly must be canti.,,...d ..;If.h.partd--upon -22- 006.300476.1 the degree -of-hazard associated- with the- existin irrigation system. If the-assembly i; eliminated it-remains the property-of the facility-owner The property owner of multi-family Non-Residential units is responsible for maintaining all backflow prevention assemblies on the reclaimed system. 3-9 3 ..-Pathhe. Commercial. Office, Industrial/Warehouse (Class-1W Bark-flow-preventiom-assemblies will he required-on- all commercial ree-taimed--irrigation service connections, -Where-a haekflew-prevention- assembly has-been ifutalled -on an irrigation-system-connected to-the-potable water system.that assembly-may-be-eliminated-by City-personnel -tor-City-Contractor) when the potable service connection- s-changed-o-a reclaimed sewiee-c-onneetion,Whether the use of assembly must be-continued-will-depend upetrthe-degree-of-hazard-associated-wit -the- existing irrigation-system. If the assembly--is eliminated it remains the property--et-the facility owner The property-owner of ,. mmercial facility is responsiblefor maintaining all hackflow prevention_assemblies-on-the-reclaimed system, 3.10 System Pressures. The City will provide reclaimed water at pressures which are adequate to satisfactorily operate all standard irrigation systems and devices. Should the customer require pressures which are higher, he shall provide, at his cost, whatever devices are necessary to provide the higher pressures. Before installing such devices, the customer shall obtain a permit from the City Utility -public Works Department. Electrical permits are separate permits which are still required. 3.11 Discontinuance of Service by Customer. If the customer desires a temporary discontinuance of service the procedures applicable to a temporary discontinuance of water service shall apply. 3.12 Service Not Guaranteed. The source of the reclaimed water is the City's Wastewater Treatment Facility which can produce a finite quantity of reclaimed water. The City will carefully monitor the number of connections being made to the system so as not to overtax its capacity; however, at the same time, it is the desire of the City, and the intent of the program, to provide the service to the maximum number of customers. During extended dry periods, it -23- 006.300476.1 may be necessary to limit a customer's water use or, under extreme conditions, to temporarily discontinue service. 4.0 APPLICATION FOR RECLAIMED WATER SERVICE The requirements for site plans, building permits and the like that presently exist are not altered by these regulations, but where connection is proposed to the reclaimed water system, there will be an additional submittal to the Utility Public Works Department, as hereinafter described. 4.1 Obtaining Application Forms. Application forms for reclaimed water service may be obtained from the Utility-Public Works Billing Office in City Hall or from the offices of the Utility-Public Works Department. All questions relating to completing the application form should be directed to the Utility—Public Works Department. Completed application forms should be mailed or hand delivered to the Utility-Public Works Department. The application form must be accompanied by a check or money order, made payable to the City of Ocoee, in an amount sufficient to cover any fees and charges for the reclaimed water service connection. The application shall specify whether the customer requires increased reclaimed water pressures which are higher than standard as described below. 4.2 Application for Reclaimed Water Service, Class AM and Class B Non- Residential-Customers. Applications for reclaimed water service to Class AMor-Gass-B-Non- Residential Customers;inclu -publiccommercial-, office, industrial/warehouse of multi- family develepuieuts, shall be accompanied by a detailed site plan showing the size and location of the service connection to the distribution main, the layout of the primary delivery mains within the development and the location and type of irrigation devices to be installed in the irrigation system. The maximum steady-state demand for reclaimed water that the irrigation system will require to function properly must also be provided. The irrigation system may be a standard in-ground type with permanently placed sprinkler devices. The service connection shall be equipped with a shutoff valve just inside the public right-of-way, a meter, and a customer shutoff valve on the customer side of the meter. The size of the service connection and meter will he determined by City personnel based upon the maximum steady- state demand of the irrigation system. Small, neat signs stating "Irrigation with Reclaimed Water, Do Not Drink" shall be placed in conspicuous locations throughout the landscaped areas. If auto washing is permitted on the property, a special area shall be set aside for this activity and it shall utilize reclaimed water. A sign, or signs, shall be placed on the hose bibb rack stating "Auto Washing, Reclaimed Water, Do Not Drink." 4.3 Application for Reclaimed Water Service, Cli.;s A Residential Customer. The application must state the type of irrigation system which will be used; that is, a standard in-ground system with fixed sprinkler devices or the special hose bibb box to be -24- 006.300476.1 furnished at cost by the City. A single residential service connection will consist of a corporation stop at the distribution main, the service pipe and a curb stop, meter and box at the property line. A single reclaimed water service connection will be one inch in diameter. Immediately inside the property line, the customer may choose to install a shutoff valve for his use in repairing, extending and maintaining the on-site system. If the customer presently uses an irrigation well, he must so state and agree to disconnect that well from the system. -25- 006.300476.1 RESOLUTION NO. 2003-17 A RESOLUTION OF THE CITY OF OCOEE, FLORIDA RELATING TO RECLAIMED WATER; AMENDING RESOLUTION NO. 2001-11; INCREASEING THE RATES AND CHARGES FOR THE USE OR AVAILABILITY OF THE CITY'S RECLAIMED WATER SYSTEM; PROVIDING FOR SEVERABILITY; PROVIDING AN EFFECTIVE DATE. WHEREAS, the City Commission of the City of Ocoee has the authority to adopt this Resolution pursuant to Section 174-9 of the Code of Ordinances of the City of Ocoee, Florida, 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 revise the reclaimed water rates adopted in Resolution No. 2001-11 relating to Reclaimed Water; provided, however, that the rates established in Resolution No. 2001-11 shall remain in effect for hills issued through September 31, 2003; and WHEREAS, the City Commission of the City of Ocoee desires to establish a revised schedule of rates and charges for the use or availability of the City's Reclaimed Water System; and WHEREAS, the new rates shall apply to bills issued on or after October 1, 2003; 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 RESOLVED BY THE CITY COMMISSION OF THE CITY OF OCOEE, FLORIDA, AS FOLLOWS: 006.296925.3 SECTION 1. Anfhnrity, The City Commission of the City of Ocoee has the authority to adopt this Resolution pursuant to Section 174-9 of the Code of Ordinances of the City of Ocoee, Florida, Article VIII of the Constitution of the State of Florida and Chapter 166. Florida Statutes. SECTION 2. Reclaimed Water System Rates. The City Commission of the City of Ocoee hereby adopts and approves the RECLAIMED WATER SYSTEM RATES as set forth in Exhibit "A" attached hereto and by this reference made part hereof; provided, however, that the rates established in Resolution No. 2001-11 shall remain in effect for bills issued through September 31, 2003 without regard to the date of the meter reading. The rates established in Exhibit "A" of this Resolution shall apply to bills issued on or after October 1, 2003 without regard to the date of the meter reading. SECTION 3. Severahility. 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. Effective bate. This Resolution shall become effective immediately upon passage and adoption. 006 296925 3 -2- PASSED AND ADOPTED this day of , 2003. APPROVED: ATTEST: CITY OF OCOEE, FLORIDA Jean Grafton, City Clerk S. Scott Vandergrift, Mayor (SEAL) READ FIRST TIME , 2003 READ SECOND TIME AND ADOPTED , 2003 UNDER AGENDA ITEM NO. FOR USE AND RELIANCE ONLY BY THE CITY OF OCOEE, FLORIDA APPROVED AS TO FORM AND LEGALITY this day of , 2003. FOLEY & LARDNER By: City Attorney -3 006296925.3 EXHIBIT "A" CITY OF OCOEE RECLAIMED WATER SYSTEM RATES EFFECTIVE FOR BILLS ISSUED ON OR AFTER OCTOBER 1, 2003 (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 $5.73 1.0-inch $14.33 1.5-inch $28.65 2.0-inch $45.90 3.0-inch $91.68 4.0-inch $143.25 6.0-inch $286.50 8.0-inch $458.40 10.0-inch $589.50 12.0-inch $1,231.95 _ I (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: RESIDENTIAL NUMBER OF GALLONS l CHARGE PER 1000 GALLONS 0 TO 6,000 GALLONS $0.63 6,001 TO 12,000 GALLONS $0.79 006 296925 3 -4- 12,001 TO 18,000 GALLONS $0.98 18,001 TO 24,000 GALLONS $1.48 24,001 TO 30,000 GALLONS $1.48 30,001 GALLONS AND GREATER $1.48 NONRESIDENTIAL NUMBER OF GALLONS CHARGE PER 1000 GALLONS 0 TO 6,000 GALLONS $0.63 6,001 TO 12,000 GALLONS $0.79 12,001 TO 18,000 GALLONS $0.98 18,001 TO 24,000 GALLONS $1.48 24,001 TO 30,000 GALLONS $1.48 30,001 GALLONS AND GREATER $1.48 006.296925.3 _5_