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Ordinance No. 80-95-55 v ORDINANCE NO. 80-95-55 AN ORDINANCE OF THE CITY OF ATLANTIC BEACH, FLORIDA AMENDING ORDINANCE NO. 80-92-51 TO CLARIFY LANGUAGE AND CORRECT CONFLICTS; ADDING A NEW SECTION 22-27.1 TO REQUIRE PAYMENT OF DEPOSITS ON ALL NEW UTILITY ACCOUNTS; PROVIDING FOR SEVERABILITY; PROVIDING AN EFFECTIVE DATE. BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF ATLANTIC BEACH, FLORIDA: SECTION 1. Sections 22-16 through 22-21 are hereby renumbered as Sections 22-14 through 22-19 without change to content. SECTION 2. Sections 22-20 through 22-29 are renumbered and amended as follows: Sec 22-20. Fee to reestablish service after cutoff or transfer. If water service is turned off , either because of delinquency or upon the request of the consumer, a cut-on fee of fifteen dollars ($15.00) shall be charged and paid prior to restoring water service. If water service is transferred to another residence, a fifteen dollar ($15.00) service-eharge transfer fee shall be pard charged prier-ta-service-being-turned-en. Sec. 22-21. Testing of meters; liability for cost of testing; adjustment of bills. Upon written request of a consumer, the meter will be tested by the city. The city will require a deposit to defray cost of testing. Such deposit shall be as follows : Meter Size (inches) Fee 5/8 by 3/4 $25.00 1 and 1 1/2 $25.00 2 $25.00 Above 2 Actual Cost If the meter, when tested, is found to be not more than two (2) percent fast , the deposit shall be forfeited to the city as a service charge for conducting the test; otherwise, the expense of the test will be borne by the city and billing adjustments for a period not to exceed twelve (12) months will be made. Upon written request of a consumer, the meter will be re-read by the city. A fee of five dollars ($5.00) will be charged for all customer requested re-reads . At the discretion of the City Manager, or his designee, the city may perform a re-read at no cost to the consumer. Sec. 22-23. Liability of consumer for charges; no allowance to be made for vacant houses unless water shut off. Liability for service shall begin on the day the consumer is connected to the city water main and shall continue thereafter until the service is disconnected for nonpayment or for other cause, or after written notice is given the city by the consumer of his desire to terminate the service. No allowance will be made for vacant houses unless a request in writing to have the water shut off is received by the city, nor will any allowance be made for any shut-off period less than thirty (30) days . Sec. 22-24. Basis for billing if meter fails to register. If any meter on a consumer ' s premises is destroyed by fire or other causes or fails to register, the consumer will be billed for the period involved on a basis of previous consumption. Sec. 22-25. Determination of classification of service for each consumer. The City Manager, or his designee, shall have the authority to determine what classification of service shall be rendered by the city to each consumer. Sec. 22-26. Property owner responsible to city for water charges. The city will install and properly maintain at its own expense, such meters and associated piping as may be necessary to measure the water service used by the consumer. All meters and associated piping and meter box or vault installed by the city shall remain the property of the city. It shall be unlawful for anyone to tamper with any City appurtenances of water services. The consumer shall protect the city' s meter and appurtenances. In the event of any loss or damage to the property of the city caused by or arising out of carelessness , neglect or misuse by the customer, the cost of replacing or repairing such damaged property shall be paid by the customer or property owner. Sec. 22-27. Charges for water service. The reasonable rates , rentals , fees and other charges for the use of the services and facilities of the city waterworks system 2 are hereby found and determined to be and are hereby fixed and established as follows : (1) Customers within city: a. Single units . The minimum bill for a single unit shall be four dollars and twenty-four ($4.24) per month for up to three thousand (3 , 000) gallons of water. During each quarterly period, one monthly bill shall also include an additional charge of one dollar and eight cents ($1.08) per one thousand gallons of water used in excess of nine thousand (9 , 000) gallons during the previous three months . Gallons used shall be determine by quarterly meter readings . The effective rates will be amended for all billings, beginning January 1 of each year in accordance with the schedule in Appendix A. b. Multiple units . For multiple units served through the same meter, the rates and minimum charges shall be in accordance with the following scale. All multiple units will be billed at 75% of the single unit rate for each unit, regardless of occupancy: Minimum bill per Units Gallons month 2 4 , 500 $ 6.36 3 6 , 750 9. 54 4 9 , 000 12 .72 5 11 ,250 15.90 6 13 , 500 19 .08 7 15,750 22 .26 For each additional unit over seven (7) there will be a minimum charge of $3.18 for 2, 250 gallons per unit. Excess gallonage shall be calculated based on the consumption level for the previous three months , less the gallonage allotted to the minimum bills for the quarter. All excess gallonage shall be charged at the same rate per one thousand (1 , 000) gallons as provided for single units above. As stated above, rates will be amended each January 1 as shown in Appendix A. (2) Customers outside the city: The rates applicable to customers outside the city shall be one and one quarter (1 .25) times the above rate applicable to customers inside the city. Sec. 22-27.1 Utility Deposits. A deposit representing two months average charges for utility 3 services , ie water, sewer and garbage will be required for all new utility accounts . Upon termination of utility services , the customer ' s deposit will (1) First be applied to any balances owed on their account (2) Any balance remaining will be refunded to the customer or transferred to another account upon request of the customer. Sec. 22-28. Water impact fees, installation charges, etc. The following schedule of rates and installation charges for water connections , facilities , service and water provided or furnished by the city through its waterworks system, is hereby adopted and established: (1) Water connection charges . (a) Installation charge. Installation Charge Size of from Meter Main to Meter 3/4 inch $ 525.00 1 inch 560.00 1 1/2 inch 1 , 090. 00 2 inch 1 , 150.00 Over two (2) inch Actual Cost, $1 , 150.00 minimum. Approved Utility Contractors may construct larger services at their own expense but will be subject to a $200.00 inspection fee. All new construction, rehabilitation and/or remodeling will require cross-connection control devices and shall be assessed an inspection fee as follows: Two (2) inch and under $ 35.00 Over Two (2) inch 200. 00 Reinspection visit 35.00 (b) Meter charge. All meters will be furnished by the city and the cost is included in the established Installation Charge. (c) Change in service size. Whenever a user requests a change in the size of a service previously installed, such user shall accompany such request with payment of the same charges per schedule (a) above, together with any meter cost involved, as are applicable to the new service requested. The user shall also be required to pay any and all increases in Capital Improvement Charges from the old size to the one requested, whether or not the old service was required to pay any fees , utilizing the rates in 4 effect at time of request . (d) Change in service location. Whenever a user requests a change in location of a service connection previously installed, such user shall accompany such request with payment of the same charges , per schedule (a) , for installation. (e) Capital improvement charge. Single-family residences : For each house- $325.00 (3/4" service only) Multiple family and condominium living units , including all related facilities : A minimum of $500. 00 for the first two (2) units plus $90.00 per unit for each additional unit over two (2) . Motels , including all related facilities : A minimum of $1 , 150. 00 for the first ten (10) units plus $55.00 per unit for each additional unit over ten (10) . Nursing and convalescent homes , including all related facilities : A minimum of $1 , 050.00 for the first ten (10) beds plus $45.00 per bed for each additional bed over ten (10) . All others : A minimum of $325. 00. Size of meter Charge (1) 3/4" $ 325. 00 (2) 1" 550.00 (3) 1 1/2" 1 , 075. 00 (4) 2" 1 , 725. 00 (5) 3" 3 , 250.00 (6) 4" 5, 425.00 (7) 6" 10 , 800. 00 (8) 8" 15, 000.00 Disposition, use of revenues . All revenues collected by the city for water capital improvement charges shall be deposited and held in a special fund to be known as and hereby designated "The Water Capital Improvement Fund. " The moneys deposited and held in said fund and all interest accrued thereto shall be used only for the improvements , expansion and/or replacement of the water system of the city. (2) Water service for fire protection purposed. A special rate of sixty-two dollars ($62 .00) per annum payable in monthly installments shall apply to any water service 5 provided exclusively for sprinkling systems or other fire protection systems in buildings only provided the expanse of all connections to and extensions from the city water mains shall be borne by the user. No taps will be allowed which may be used for other than fire protection purposes , and, unless pursuant to special permit from the City Commission there shall be no connection with any other source of water except in case a storage tank or fire pump is installed as a secondary supply for such fire protection purposes . Sec. 22-29. Due dates and late fees. Bills for minimum and excess water will be rendered at regular intervals , but the rendering of bills is not an obligation on the part of the city, and failure of the consumer to receive the bill shall not release or diminish the obligation of the consumer with respect to payment thereof , or relieve the consumer of any obligation under this chapter. The bills for service shall be due and payable on the date of billing and shall become delinquent fifteen (15) days thereafter. A-late-fee-of-the-greoter-of-4 4r-rf-t inhAn K--chze rr-f re e della�s-{$5-8A}-wi33-ire-�a����-f--air-a-c_�c.�xrrt-i-s-�ro-t-pa�ci-earthen fifteen-415}-daps-of-the-billing-date: If the bill is not paid within five (5) additional days (or twenty (20) days from the billing date) service will be discontinued. A $15. 00 reconnect fee will be required to be paid, along with the full amount of the bill, prior to service being restored. SECTION 3. Sections 22-166 through 22-172 are amended to read as follows: Sec. 22-166. Establishment of a monthly base charge. User charges will be levied monthly as follows : (a) Monthly base charge. A monthly base charge of eight dollars and thirty-six cents ($8 . 36) per equivalent residential unit will be levied upon each connection in accordance with the following: An equivalent residential unit (ERU) is defined as a wastewater connection that delivers three hundred (300) gallons per day (gpd) of typically domestic wastewater flow to the waste stream, or equivalent to a residence serviced by a three-fourths (3/4) inch water meter. 6 The monthly base charge is levied as follow: Single family residential and single-family individual-metered mobile homes $8 .36 per account Multifamily residential 0 . 75 x $8 . 36 per unit Master-metered mobile homes 0.75 x $8 .36 per unit Travel trailers 0.60 x $8 .36 per unit Hotel/motel 0. 50 x $8 . 36 per unit with kitchen 0.60 x $8.36 per unit Master-metered commercial $8 .36 per unit Restaurants , laundries , and car wash connections $8 . 36 x ERU factor All other commercial customers $8 . 36 x ERU factor Where ERU factor for the commercial classification is based upon meter size as follows : Meter Size ERU Factor (in inches) 5/8 x 3/4 1 00 1 1 28 1-1/2 2 08 2 2 88 3 5 60 4 10. 00 6 20.00 (b) The rates applicable to customers outside of the city shall be one and one quarter (1 .25) times the rates above. (c) A Monthly base surcharge for a revenue generation system as required by the Federal Environmental Protection Agency and the State Department of Environmental Regulation is as follows : A surcharge of one dollar and eighty-four cents ($1 . 84) per equivalent residential unit shall be levied upon each connection except in the Buccaneer Water and Sewer District in accordance with the following: Usage Classification ERU Factor Single-family residential and single-family individual-metered mobile homes . . . . 1 .00 per account Multifamily residential 0. 75 per unit Master-metered mobile homes 0. 75 per unit Travel trailer site 0.60 per site Hotel/motel 0. 50 per unit with kitchen 0.60 per unit Master-metered commercial , more than one unit on one meter 1 . 00 per unit Commercial $1. 84 x ERU Factor Restaurants , laundries , and car wash 7 connections $1 . 84 x ERU Factor as provided in (a) above Sec. 22-167. Schedule of wastewater volume charges . (a) There is hereby established a uniform volume charge per one thousand (1 , 000) gallons of water as follows : (1) Single-family residential and single-family individual- metered mobile homes $2 . 46 per 1 , 000 gallons of actual residential water consumption in excess of 9 , 000 gallons per quarter up to a maximum of 587888 40 , 000 gallons per quarter. (2) Restaurants , laundries and all other classifications $2 . 46 per 1 , 000 gallons of actual water consumption in excess of 9 , 000 gallons per quarter; multiplied-by--blre- a-e-t-o-r 22-}66-{a} per-unit-billed. dental-water-tonsttmptio --i-n- ss--crf--9-,-00{�-g-a-1-1 -per-quarter; mrzltiplieel-�xz-the--�a-�t-c3r-estab33shed--i-�r-22-3fi-6--fad,--�e-r''-unit billed. (b) The rates applicable to customers outside of the city shall be one and one-quarter (1 . 25) times the rates above . The effective rates will be amended for all billings , beginning January 1 of each year in accordance with the schedule in Appendix B. Sec. 22-168 . Review and changes of rates . The uniform rates and charges established by this division may be reviewed annually, or as directed by the City Commission, and any change of rates and charges shall be established by ordinance of the City Commission after due public notification. Any rates and charges established as provided in this division shall be binding with the same force and effect as if incorporated in this section. Sec . 22-169. Connection fees . Charges for providing and approving connections to the sewer system with installation performed by the city are as follows and shall be in addition to impact fees . All units Cost for labor and materials as provided in section 2-368 of the city code . 8 Sec. 22-170. Sewer impact fees. The fee for providing facilities for new connections and capacity increases for growth shall be as follows : Residences , per unit $1 , 250.00 Commercial: Office buildings , per 100 square feet $ 40 .00 Groceries , per 100 square feet 20.00 Retail shops , per restroom 1 ,260.00 Theaters , per seat 16.00 Restaurants , per seat 160 .00 Service stations , per restroom 3, 150.00 Car wash, self-service , per stall 1 , 850 . 00 Car wash, roll-over 11 , 850 .00 Car wash tunnel 17 , 750.00 Beauty shops/barber shops , per chair 630.00 Laundromats , per machine 790 . 00 Hotels/motels , per restroom 475. 00 Sec. 22-171. Payment of connection fees and impact fees. Payment of connection fees shall be due and payable prior to the issuance of a building permit. For new and existing buildings or structures , the City Manager may allow payment of fees on an extended payment plan for up to fifteen (15) years if the owner has demonstrated to the satisfaction of the City Manager that the lump sum payment will constitute a hardship to the applicant . A lien for the amount due shall be executed in recordable form reflecting the payment schedule. Upon all payments being made in full , a release of lien shall be recorded. Sec. 22-172. Disposition of impact fees. All revenues collected by the city through sewer impact fees shall be held in a special account to be known as the Wastewater System Capital Improvement Account . The money deposited and held in said account and all interests accrued thereto shall be used only for the improvement, expansion, and/or replacement of the wastewater collection, treatment , and disposal system of the city. Sec. 22-173. Billing. The sewer charges prescribed by this division shall be on the same bill for city water charges and garbage collection charges , but each charge shall be shown as a separate item on the bill. No user so charged for water, sewer, and garbage services may pay either of the charges without simultaneously paying the charges for 9 the other. Bills for sewer charges where water and/or garbage service is furnished other than through the city shall be computed as provided in section 22-167 and rendered at the same time as city water bills . Sec. 22-174. Delinquent bills. If any bill for monthly sewer, water or garbage service shall remain due and unpaid on and after 5:00pm on the fifteenth day from the billing date, dated on the bill , a penalty of 10% of the amount due shall be imposed and added to the bill. If the bill remains unpaid for a period of five (5) additional days , then all services shall be discontinued and shall not be reconnected until all past due charges have been fully paid together with a reconnect charge of fifteen dollars (15.00) . If , after discontinuation of services , the bill remains unpaid, the city may acquire a lien on the property being serviced which may be foreclosed within thirty (30) days by the city unless the bill and the penalties thereon are paid and the lien satisfied. SECTION 4. Severability. If any section, sentence, clause, or phrase of this ordinance is held to be invalid or unconstitutional by any court of competent jurisdiction, then said holding shall in no way affect the validity of the remaining portions of this ordinance. SECTION 5. This ordinance shall take effect immediately upon its final passage and adoption. PASSED by the City Commission on first reading this 13th day of February , 1995. PASSED by the City Commission on second and final reading this ? day of , 1995. ATTEST: • MAU EEN KING ; a AN T. FLETCHER City Clerk Mayor , Presiding Officer App •/ved a o form and correctness : .A( , .L 4.1'`.11. VAN C. N N, ESQUIRE City At ,o ey 10 /;°/4"- CITY OF ATLANTIC BEACH APPENDIX A WATER DEPARTMENT SCHEDULE OF RATES BASE BASE QUARTERLY VOLUME MONTHLY RATE VOLUME RATE DATE CHARGE INCREASE RATE (1) INCREASE January 1, 1993 $ 4.24 41.33 % $ 1.08 8.00 % January 1, 1994 $ 4.50 6.13 % $ 1.17 8.33 January 1, 1995 $ 4.78 6.22 % $ 1.26 7.69 January 1, 1996 $ 5.08 6.28 % $ 1.36 7.94 % January 1, 1997 $ 5.37 5.71 % $ 1.46 7.35 (1) The water volume charge is assessed once a quarter. These rates are charged for each 1,000 gallons of water consumed during the previous three month period, which are in excess of 9,000 gallons. 1 04,,4-11 11° o©o CITY OF ATLANTIC BEACH APPENDIX B SEWER DEPARTMENT SCHEDULE OF RATES BASE BASE QUARTERLY VOLUME MONTHLY RATE VOLUME RATE DATE CHARGE INCREASE • RATE (1) INCREASE January 1, 1993 $ 8.36 23.85 % $ 2.46 9.33 % January 1, 1994 $ 9.02 7.89 % $ 2.68 8.94 % January 1, 1995 $ 9.66 7.10 % $ 2.89 7.84 2 January 1, 1996 $ 10.35 7.14 % $ 3.12 7.96 % January 1, 1997 $ 10.35 0.00 % $ 3.12 0.00 % (1)' The sewer volume charge is assessed once a quarter. These rates are charged for each 1,000 gallons of water consumed during the previous three month period, which are in excess of 9,000 gallons. The sewer volume charge is capped at 50,000 gallons per quarter for residential users. s • z