80-O-43ORDINANCE NO.
AN ORDINANCE AMENDING CHAPTER 19 OF THE CODE
OF ORDINANCES OF THE CITY OF EDGEWATER,
FLORIDA ENTITLED UTILITIES AND SERVICES BY
ESTABLISHING ARTICLE I, WATER; PROVIDING FOR
DEFINITIONS; THE REQUIREMENT OF CONNECTIONS
TO THE WATER DISTRIBUTION SYSTEM; ESTABLISHMENT
OF SERVICE CHARGE, MINIMUM DEPOSITS, CONNECTION
CHARGES, MONTHLY BILLS, DISCONTINUANCE OF SER-
VICE FOR NON-PAYMENT, RE-ESTABLISHMENT CHARGE;
MINIMUM METER RATES; MULTIPLE MINIMUM CHARGE;
RATE INCREASE AND BI-ANNUAL REVIEW; EXTRA-
ORDINARY SERVICE CALL CHARGES; IRRIGATION AND
SWIMMING POOL PROVISIONS, SPECIAL USE PROVISIONS;
FIRE HYDRANT RENTAL; WATER SERVICES FOR FIRE
PROTECTION; SYSTEMS OUTSIDE THE CITY; RE -SALE
OF WATER OUTSIDE THE CITY; LIMITATIONS OF NEW
CONNECTIONS; TAMPERING WITH PROPERTY; PROHIBITS
BOOSTER PUMPS; LIMITS STRUCTURES; REFUSALS OF
SERVICE AND PENALTIES; ESTABLISHING ARTICLE II,
SEWERS; PROVIDING FOR THE REQUIREMENTS OF CONNEC-
TION TO THE SEWER SYSTEM, CONNECTION CHARGES;
PROHIBITS TAP -IN WITHOUT PAYMENT; PROVIDES FOR
CONNECTION AT TIME OF CONSTRUCTION AND THERE-
AFTER; SET DEPOSIT FEES; SERVICE BILLS; SCHEDULE
OF MONTHLY CHARGES; SETTING FORTH PENALTIES FOR
VIOLATION THEREWITH; ESTABLISHING ARTICLE III,
DEVELOPMENT FEES FOR MUNICIPAL WATER SUPPLY AND
WASTE WATER TREATMENT FACILITIES EXTENSIONS;
PROVIDING FOR DEFINITIONS; PURPOSE OF ARTICLE
AND METHOD OF FINANCE; DEVELOPMENT FEE REVIEW;
FEE SCHEDULES; AND IMPOSITION OF FEES AND PENAL-
TIES FOR NON-PAYMENT; USE OF PROCEEDS; SETTING
UP A TRUST FUND; PROVIDING FOR VIOLATIONS THERE-
WITH, REPEALING ALL ORDINANCES OR PARTS OF ORDIN-
ANCES IN CONFLICT HEREWITH, PROVIDING FOR AN
EFFECTIVE DATE, PROVIDING FOR ADVERTISEMENT BY
THE CITY CLERK.
SECTION 1. That Chapter 19, Utilities and Services of the
Code of Ordinances of the City of Edgewater, Florida is hereby
amended to read as follows:
CHAPTER 19
UTILITIES AND SERVICES
ARTICLE I. IN GENERAL
Sec. 19-1 Utility Deposit.
The City shall require a utility deposit in the amount of Thirty Dollars
($30.00) before water, sewer or garbage services are initiated to any
equivalent living unit in the City. Such deposit shall remain with the
City without interest, as long as the owner is receiving water, sewer
or garbage service. These monies shall be invested and the income de-
rived therefrom be used in the operation of a water, sewer and garbage
system thereby helping to keep the rates for said services to a minimum.
Sec. 19-2. Unlawful Connections.
No person shall be allowed to connect into any water line or sewer line
owned by the City without the written consent of the City, and then the
connection with such line shall be made only under the direction and
supervision of the City. Any property owner or plumber who shall make
any connection without such consent of the City shall upon conviction
be subject to punishment as provided in Section 19-30.
Sec. 19-3. Maintenance of Plumbing System.
The owner of the property shall be responsible for maintaining and
keeping clean and in good repair the water and sewer pipes leading and
connecting from the plumbing system to the City distribution water
lines and main sewers. Failure to keep the sewer pipe, i.e., the pipe
leading from the plumbing system to the City main, clean and maintained
in the proper manner will give the City the right to cut off the water
connection, which shall not be reconnected until the sewer pipe is
cleaned and maintained properly.
Sec. 19-4. No Free Service.
No water or sewage disposal service shall be furnished or rendered free
of charge to any person whatsoever, and the City and each agency, depart-
ment or instrumentality which uses either or both of such services shall
pay therefor at the rates fixed by this Article.
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Sec. 19-5. Discontinuance Privilege Abolished.
The privilege of discontinuing water and sewer service while the unit
is not in use is hereby abolished to all customers of the city water-
works and sewer system.
ARTICLE II. WATER
Sec. 19-6. Definitions.
The following definitions apply to this article.
Sec. 19-7. Equivalent Living Unit (E.L.U.)
(1) Residential. Each single-family residence served by the
city through a single sewer service and/or water meter shall be one
equivalent living unit. Each water meter other than the first pro-
vided to serve a single-family residence as an irrigation meter will
be exempted.
(2) Each residential room, combination of rooms, apartment,
or prepared mobile home space that includes connection points for
sewer and/or water service that is owner occupied, offered separately
for rent as a rental unit, or vacant shall be one equivalent living
unit.
(3) Non -Residential, Commercial and Industrial. For non-
residential uses not specifically defined elsewhere in this ordinance,
the number of equivalent living units shall be computed by the building
official using the fixture unit count as defined in the most recent
data published by the American Water Works Association and the follow-
ing table:
FIXTURE UNITS E.L.U.
0
- 15
1
16
- 30
2
31
- 60
3
61
- 80
4
81
- 100
5
101
- 160
6
161
- 240
7
241
- 340
8
341
- 480
9
481
- 620
10
621
- 800
11
801
-1000
12
1001
-1300
13
1301
-1651
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For each additional increment of 750 fixture units add one E.L.U.
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(4) Combination Accounts. Accounts that contain both resi-
dential and commercial facilities served through a common meter may
be treated as either residential or non-residential, whichever method
of computation results in the largest number of equivalent living
units.
(5) If a building permit is issued for an existing non-resi-
dential, commercial or industrial connection which will increase
water or sewer demand, or if a building changes from residential to
non-residential occupancy, the total number of E.L.U.'s for the old
and new parts of the facility shall be computed as outlined in para-
graph three of this Section. The number of new E.L.U.'s shall be
determined by subtracting the old E.L.U.'s from the total number of
E.L.U.'s in the entire facility. The fee will be assessed on the
number of new E.L.U.'s. As an example, if an existing building con-
tained 150 fixture units and it was expanded to 300 fixture units,
the fee would equal (8 E.L.U.'s - 6 E.L.U.'s) or 2 E.L.U.'s.
(6) Multiple Minimum. Each equivalent living unit will be
subject to a minimum change. The minimum charge for a building com-
plex served through one water meter will be the current E.L.U. mini-
mum for in -city or, if applicable, out -of -city accounts for each
equivalent living unit, less fifty cents ($0.50) for each equivalent
living unit in excess of one.
Monthly water allowance under the minimum billing will be
equal to one current allowance for single service per equivalent liv-
ing unit.
The equivalent living unit minimum charge applies whether all
or any portion of the living units are owner occupied, renter occupied
or vacant.
(7) Sanitary sewer system. Includes two (2) broad categories
of subsystems which are:
[1) Primary or sewage disposal system: The primary system
is further subdivided into: collector sewers, interceptors,
pump stations, force mains, treatment plants, and effluent
disposal facilities; and
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[2] Secondary or local collection system: The local system
includes house service and lateral sewers. A collector
sewer is usually defined by governmental agencies as
follows: A collector sewer carries flows generated by
two (2) or more lateral sewers whether or not it also pro-
vides direct services to abutting properties.
(S) Water system: includes two (2) broad categories of sub-
systems which are:
[1] Primary system:
(a) Wells and well pumps,
(b) Raw water mains,
(c) High service pumpting,
(d) Storage and repumpting,
(e) Treatment plant, and
(f) Transmission mains.
[2] Secondary or local distribution system:
(a) House services including metering,
(b) Six (6) inch and smaller water mains.
Sec. 19-5. Meters and Connections to Water Distribution Sys-
tem Required; Unlawful Connections.
(1) A meter shall be installed in the water connection to each
building or outlet (except fire hydrants and fire protection systems)
whether public or private.
(2) The owner of each lot or parcel of land within Edgewater,
Florida, hereinafter called the "city", upon which lot or parcel of
land any building, structure, or trailer used as a dwelling or to be
occupied by human beings is now situtated or shall hereafter be situated,
for either residential, commercial or other use, shall connect or
cause such building, structure or trailer to be connected with public
water distribution system of the city and to use such facilities, at
the time a certificate of occupancy is issued or sooner with prior
approval by the city.
If the unit was occupied when service was made available, then
the connection shall be made within ninety days of the date service was
available. In any event, all property owners shall connect to the
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city water within ninety days of the effective date of this Ordinance
unless otherwise excepted herein. The unit shall be liable for all
development fees, unless the unit was occupied when water service was
made available. If the unit was occupied when water service was made
available, the unit shall be exempt from the payment of the water devel-
opment fee. Provided, however, that no connection or connections shall
be made where the said water system or line is more than one hundred
feet (1001) from such lot or parcel of land, and provided further that
no person shall be required to cross the private property of another to
make such connection or connections to the municipal water distribution
system.
(3) Where water service is requested beyond the limits of the
present distribution system, the water department will install a two-
inch diameter main to the property line, if the property is located within
one hundred feet of the present mains. This extension policy shall not
apply to subdivisions and shall not apply to property located outside the
city limits. Where more than one hundred feet of two inch main is required,
the person requesting such service will pay all cost in connection there-
with, except for the first one hundred feet which will be paid for by the
water department.
Sec. 19-9. Connection Charges.
(1) The following connection charges shall be required for each
connection made to the water system inside the city limits:
METER SIZE
3/4 inch
1 inch
1 1/2 inch
2 inch and up
CONNECTION CHARGE
$225.00
270.00
375.00
Actual material and
labor cost plus 20%
of the total cost
(2) Connection charges shall be required for each connection
made to the water system outside the city limits and shall be charged
to the person requesting said connection at the actual cost of labor
and materials incurred by the city in making said connection, plus a
surcharge of thirty (30%) percent of the total cost incurred by the city
for each connection made.
Sec. 19-10. Sar.e - Payment of bills; reconnection charge.
Bills for the monthly charges and fees for water service and sewage
disposal service shall be submitted and shall be payable upon receipt.
A delinquency charge of ten (10) per cent of the amount due for water
and sewage disposal fees shall be charged against the customer by the
city if the customer shall fail to pay the charges due for water ser-
vice and sewage disposal fees within twenty (20) days of the billing
date of said charges. Should there be a failure by the customer re-
ceiving water and sewage service to pay his bill in full for said
service not later than forty-five (45) days from the billing date for
said service then said water service shall be terminated and shall
not be re -connected after discontinuance until all past due water
bills and sewer disposal fees are fully paid, together with said
charge of ten (10) per cent of past due bills and payment of a five
dollar ($5.00) re -connection charge. The owner of each equivalent
unit, regardless of whether the equivalent unit is rented or being
occupied by the owner, shall be absolutely responsible for the payment
of all charges incurred to the equivalent living unit. No service
shall be re-established until all charges to the city have been paid
in full.
Sec. 19-11. Meter Rates- Minimum.
The following meter rates shall be applied to all retail quan-
tities of water as shown by monthly meter readings to have been de-
livered:
11] Inside City Limits
Monthly Usage (gallons)
2,000 gallons or less
Excess of 2,000 gallons
Rate
$3.50 mimimum
0.75 per 1,000 gallons
Each monthly bill shall be rendered for an amount of not less
than three dollars and fifty cents ($3.50) which shall allow the use
of two thousand (2,000) gallons of water per month.
[2] Outside City Limit
(a) Water sold through a meter for resale through individual
meters.
Monthly Usage (gallons)
2,000 gallons or less per
individual unit
Excess over 2,000 gallons
Rate
$5.00 minimum per unit
1.25 per 1,000 gallons
�M
Each monthly bill shall be rendered for an amount of not less
than five dollars ($5.00) for each individual meter unit, which shall
allow the use of two thousand (2,000) gallons of water per month per
meter unit so billed.
(b) Other meters.
Monthly Usage (gallons) Rate
2,000 gallons or less $5.00 minimum
Excess over 2,000 gallons 1.25 per 1,000 gallons
Each monthly bill shall be rendered for an amount of not less
than five dollars ($5.00) which shall allow the use of two thousand
(2,000) gallons of water per month.
Sec. 19-12. Multiple Minimum Charges.
(1) Minimum Charge Where Meter Installation Serves More Than
One Equivalent Living Unit. Each meter installation serving more than
one equivalent living unit shall be allowed to use two thousand (2,000)
gallons per unit per month under the minimum charge of three dollars
and fifty cents ($3.50) for the first unit and three dollars and No/100
cents ($3.00) for each additional unit served from a single meter in-
side the city.
All water used in excess of two thousand (2,000 gallons per
unit per month shall be at the rate of seventy-five cents ($0.75) per
one thousand (1,000) gallons.
(2) Outside -of -the -City Monthly Multiple Minimum Charge. Each
outside -of -the -city monthly multiple minimum charge will be five dollars
and forty-five cents ($5.45) for the first unit and four dollars and
ninety-five cents ($4.95) for each additional unit. All water used in
excess of two thousand (2,000) gallons per unit per month shall be at
the rate of one dollar and twenty-five cents ($1.25) per one thousand
(1,000) gallons.
(3) Commercial Rate. Commercial, industrial and service
accounts shall not be subject to the multiple minimum charge, except
as set forth in subparagraph (c) below. In lieu of the multiple minimum:
[a] Inside of the city limits the commercial rate will be
three dollars and fifty cents ($3.50) for the first two
thousand (2,000) gallons consumed per month and seventy-
five cents ($0.75) per one thousand (1,000) gallons used
in excess of two thousand (2,000) gallons per month.
[b]
outside of the city limits
the commercial
rate
will be
five dollars and forty-five
cents ($5.45)
for
the first
two thousand (2,000) gallons consumed per month and one
dollar and seventy cents ($1.70) per one thousand (1,000)
gallons used in excess of two thousand (2,000) gallons
per month.
[c] Commercial, industrial or service accounts in areas
served by privately owned water systems utilizing the
city water system or services shall be subject to a mini-
mum charge for each separate commercial unit whether
owner or renter occupied or vacant.
Sec. 19-13. Rate Increase; Annual Review of Rates.
(1) The foregoing rates shall be reviewed in July of each year
by the City Council. In order to compensate for the increase in the
cost of living or decrease in the cost of living, as the case may be,
the City Clerk will report to the City Council of the cost of living
increase or decrease in July or each year. The City Council at that
time will take official action whether or not to change the rates.
Sec. 19-14. Extraordinary Service Calls.
(1) There shall be a ten dollar ($10.00) service charge for
customer request of a meter bench test for accuracy. If found in-
accurate this charge will be refunded.
(2) Extraordinary service calls, outside of regular mainten-
ance, shall require a ten dollar ($10.00) charge; for example, locating
the meter when covered during sodding or filling on the property.
Actual replacement cost shall be charged for meter damage caused by
building or construction on the property or other causes.
Sec. 19-15. Special Provisions for Water for Irrigation and
Swimming Pools.
(1) Separate Meter Authorized. Upon request of any customer,
and upon payment of the fees and charges herein authorized and estab-
lished, the city shall install for such customer a separate water
meter for the purpose of measuring the amount of water used by such
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customer only for irrigation and/or swimming pool purposes.
(2) Deposit and Connection Charge. The amount of the deposit,
the connection charge for each such meter, and the charge for water
metered through such irrigation meter, shall be the same as established
by this article for water meters generally.
(3) Water Excluded in Computing Sewer Bills. All water measured
through such irrigation meters shall be excluded from the computation
of water consumed under the terms of Section 19-11, for the purpose of
computing the monthly sewer service charge, and the rates for sewer
service established by Article III of this chapter shall not be applied
to water measured through such irrigation meters.
(4) Location of Meters; Consumer to Provide Connections; City's
Right -of -Entry. Such irrigation meters shall be placed by the city
only on property on which the city has an easement or right-of-way, and
the customer shall be responsible for providing connections from such
meter to his home property. The city, through its officers, agents and
employees, shall have a right of access to any property upon which
such irrigation meter or connections thereto is located, for the purpose
of inspecting the same or otherwise regulating the operation of said
irrigation meter under the terms of this section.
(5) Special Customer Request. There is a five dollar ($5.00)
service charge for reading a regular meter when the swimming pool is
filled.
Sec. 19-16. Special Provisions for Water by Others.
(1) Water used to fill tank trucks,'such as pest control
vehicles, from hydrants or other city approved sources shall be measured
through a meter supplied by the customer and acceptable to the city.
Notice of the filling operation must be approved prior to the customer's
use. Water consumed by the customer shall be billed at the applicable
rate for the appropriate classification of the user. The user shall
bring his use record to City Hall monthly for billing purposes.
(2) Water used by developers of property shall be metered.
Meters may be obtained from the city in accordance with Sec. 19-9.
Water consumed shall be billed in accordance with the applicable rate
for the appropriate classification of the user.
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Sec. 19-17. Fire Hydrant Rental.
(1) The city shall pay not less than fifty dollars ($50.00)
per year per hydrant to the credit of the water utility for public
fire protection service for hydrants inside the city limits.
Sec. 19-18. Water Distribution Systems Outside the City.
(1) Hereafter the policy of the City of Edgewater shall be to
limit the expansion or extension of the water distribution system
owned by the city and located outside of the city limits to connecting
additional single-family residences, or such buildings, regardless of
use, that require only a three-quarter (3/4) inch water meter and which
would utilize no more water than a single-family residence.
Sec. 19-19. Extensions Outside of City -Procedure.
When an extension of the water or sewer system is requested by
any person residing outside of the city, the City Council shall have
the power and authority to make said extension upon whatever terms and
conditions the City Council shall determine, if it is determined by the
City Council that said extension will promote the public health, safety
and welfare and will be economically feasible for the city and the citi-
zens thereof. .All costs of extending the city water or sewer system
shall be done solely at the expense of said person requesting said ex-
tension and the plans of any water system to which the city water lines
shall be extended shall be first approved by the city engineers prior
to making connection to the city water system.
Sec.
19-20.
Resale
of
Water
Outside
City;
Limitation on New
Connection.
(1) No person, firm or corporation owning any water distribution
system and buying water from the city for resale to customers outside
the city limits shall enlarge or extend its water distribution system
in order to serve any new customers. New connections to such existing
water distribution systems shall be limited to the connection thereto
of additional single-family residences, or such buildings, regardless
of use that require only a three-quarter (3/4) inch water meter and
which would utilize no more water than a single-family residence.
(2) Any violation of this section by any such water distribu-
tion system shall be grounds for the city to refuse to sell additional
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water to such system or to limit the amount of water so sold, at the
discretion of the City Council.
Sec. 19-21. Tampering With Meters, Tap, etc., Prohibited.
(1) It shall be unlawful for any person to open a hydrant or
tap, or to take water therefrom, or in any manner to tamper with any
meter, or extend water pipe, or open or use any sealed fixture placed
in or about a building exclusively.for fire protection except in cases
of fire, or to tamper with, remove, injure, or deface any hydrant, tap
or meter, or to cover up, remove or injure any curb or meter box,
without being authorized to do so by proper authority. The building
official for the City shall not issue a certificate of occupancy for
any new equivalent living unit where it is determined that the meter for
said unit has been damaged.
Sec. 19-22. Booster Pumps Not to be Connected to water Systems.
(1) No person shall connect any booster pump to the city water
distribution system, or to any distribution system to which the city
supplies water, without the express written permission of the city.
Sec. 19-23. Limitations of Structures.
(1) Any structure which does not have a service meter installed
for the purchase of water from the city, or from a distribution system
which receives its water supply from the city, shall not be served with
city water, either directly by connection to the city water mains, or by
connection to a distribution system which purchases water from the city,
unless such structure complies with the following requirements:
[a) Any structure over three (3) stories in height shall have
installed a gravity house tank and booster pump system.
Such tank shall have a capacity for storage of not less
than a twenty-four (24) hour normal domestic water supply
for such structure, and shall have a booster pump sufficient
to supply all fixtures freely and continuously.
[b] Such gravity house tank shall be supplied with water from the
water supply main through a float valve. It shall be equipped
with tight covers and shall be vented with a return bend vent
pipe having an area not less than one-half (1/2) the area of
the down feed riser, and the vent opening shall be covered
with a metallic screen of not less than 100 mesh.
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(2) No building permit for any structure shall be issued by
the City of Edgewater until preliminary plans for the building water
supply system have been examined by the city engineer and certified to
be in compliance herewith. Further, before actual connection of the
water service meter, the city engineer shall have certified compliance
with such preliminary plans and the requirements hereof.
(3) For those structures which are to be constructed outside
the city limits, but will receive their water supply from the city, or
from a water distribution system which receives its water supply from
the city, the agency having jurisdiction to issue building permits is
requested to advise applicants for building permits of the require-
ments of this section, and of the fact that such water supply will not
be available from the city unless the building water supply system
complies with the requirements of this section. The city engineering
department will cooperate with such applicants for building permits
by examining preliminary plans and certifying compliance with the
section. However, prior to the connection of such structure to the
water supply system, the city engineer shall inspect the building
water supply system to insure compliance with the terms hereof.
Sec. 19-24. City's Right to Refuse Service.
(1) The city shall refuse to supply water service to any
customer or structure which does not comply with the requirements of
Section No. 19-23. No water distribution system which receives its
water supply from the city shall permit any customer or structure to
connect with such water distribution system in violation of Section
No. 19-23.
Sec. 19-25. through 19-29. Future.
Sec. 19-30. Penalty for Violation of Sections 19-1 through
19-24.
Any person violating any of the provisions of Sections 19-1
through 19-24 or failing to comply therewith shall be deemed guilty of
a misdemeanor and shall be punished by a fine of not less than one
dollar ($1.00) nor more than five hundred dollars ($500.00), or by im-
prisonment in the jail for a period of not exceeding sixty (60) days
or by both such fine and imprisonment, at the discretion of the judge
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trying the case. Each day any such violation shall continue shall
constitute a separate offense.
ARTICLE III. SEWERS
Sec. 19-31. Owners, Occupants of Property Abutting Sewer
System Required to Connect; Connection Charge; Waiver.
(1) The owners or occupants of lots or parcels abutting on a
sewer main, or which can use the services and facilities of the sewer
system of the city, are hereby required to connect with and use the
services and facilities of said sewer system. Such connection shall be
made when a certificate of occupancy is issued or prior to that date
as approved by the city. The connection shall be made by the owners or
occupants of all lots or parcels which are located within one hundred
(100) feet of such sewer mains. If the unit was already occupied when
service was made available, then the connection shall be made within
ninety days of the date service becomes available. In any event, all
property owners shall connect to the city sewer within ninety days of
the effective date of this Ordinance unless otherwise excepted herein.
The unit shall be liable for all development fees unless the unit was
occupied when service was made available. If the unit was occupied when
service was made available then that unit shall be exempt from the pay-
ment of the sewer development fee. Provided, however, that no person
shall be required to cross private property of another to make such
connection or connections to the municipal sewer system.
Sec. 19-32. Permit, Payment of Rates and Charges, Requisite to
Tap, Cut, Use Sewerage Lines, Facilities.
It shall be unlawful for any person to tap, cut or in any way
use any line, branch or part of the municipal sewage collection and
sewage treatment facilities without a written permit issued by the proper
municipal authorities and without payment of all rates and charges re-
quired by the city for the use of such facilities.
Sec. 19-33. No Charge for Service Connections made Simultaneously
with Main Construction; Charges for Later Connections.
(1) There shall be a surcharge of thirty (30%) percent of the
minimum connection charge for service connection made to the sewer
system if such service connection is made at the same time as the
construction of sewer mains and is developer installed. If, however,
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a service connection is required after construction of the sewer main or
the city pays for a service connection concurrent with line extensions,
then the city will provide materials and labor to bring the service main
to the property line of the lot or parcel to be connected, and a minimum
charge of one hundred fifty dollars ($150.00) plus a surcharge of thirty
(30%) percent of said minimum charge for inspection services by city
personnel per service connection. The actual connection charge may be
greater than said minimum charge, if the actual cost to the city is
greater than the minimum charge set forth above.
Sec. 19-34. Sewer Service Bills.
All bills for sewer service charges shall be incorporated in the
water bill and shall be payable in accordance with Section 19-10. The
sewer service charges shall become effective as to each lot or parcel of
land connected with the utility upon the construction of all connections
thereto in the sanitary sewer serving such lot or parcel, or the avail-
ability of such sanitary sewer to serve such lot or parcel connected
with such sanitary sewer; provided, however, that as to new construction,
sewer service charges shall accrue upon installation of the water meter.
Sec. 19-35. Schedule of Monthly Charges.
The sewer service charge shall be one hundred (100%) percent of
the monthly water charges. If there is a sewer connection but no water
connection, then the sewer charge shall be one hundred fifty (150%) per-
cent of the minimum water charge.
Sec. 19-36. Unauthorized Persons.
(1) No person, other than an authorized city employee, shall
enter any public sewer or appurtenance thereto`, or make any connections
thereto without a written permit from the building official.
(2) All applicants and arrangements for sewer service must be
made at the Edgewater City Hall.
Sec. 19-37. Making or Maintaining Connections for Disposal of
Certain Substances Prohibited.
(1) No person shall make or maintain any connection with any
public or private sewer, or appurtenance thereof, whereby there may be
conveyed into the same suffocating, corrosive, inflammable or explosive
liquid gas, vapor, substance or material.
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Sec. 19-38. Acts or Deposits of Substances which Impair,
Obstruct Sewer Flow Prohibited.
(1) No person shall do any act or thing which may impair or
obstruct the flow of any public sewer or clog up any appurtenance thereof,
or place therein any substance, solid or liquid, other than the waste
products for which sewers are provided.
ARTICLE IV. DEVELOPMENT FEES FOR
MUNICIPAL WATER SUPPLY AND
WASTEWATER TREATMENT FACILITIES EXTENSION
Sec. 19-38. Definitions.
(1) Local System. The term "local system" is defined in this
article as that system in a new subdivision installed by the developer
at the developer's expense. The physical limits of each local system
are the limits of the particular subdivision served.
Water mains and sewers whose principal function is to serve
areas other than the one they traverse are not a part of the local system.
(2) Irrigation Meters. Irrigation meters shall be defined and
subject to the restrictions imposed by Article II, Section 19-15.
(3) Equivalent Living Unit. The following is a definition of
equivalent living unit (E.L.U.).
(a) Residential. Each single-family residence served by
the city through a single sewer service and/or water
meter shall be one equivalent living unit. An irri-
gation meter will be considered to be an E.L.U. and
will be required to pay a development fee.
(b) Each residential room, combination of rooms, apartment,
or prepared mobile home space that includes connection
points for sewer and/or water service that is owner
occupied, offered separately for rent as a rental unit,
or vacant shall be one equivalent living unit.
(c) Non -Residential, Commercial and Industrial. For non-
residential uses not specifically defined elsewhere in
this Ordinance, the number of equivalent living units
shall be computed by the building official using the
- 16 -
fixture unit count as defined in the most recent data
published by the American Water Works Association and
the following table:
FIXTURE UNITS E.L.U.
0 - 15 1
16 - 30 2
31 - 60 3
61 - 80 4
81 - 100 5
101 - 160 6
161 - 240 7
241 - 340 8
341 - 480 9
481 - 620 10
621 - 800 11
�801 - 1000 12
1001 - 1300 13
1301 - 1650 14
For each additional increment of 750 fixture units add one
additional E.L.U.
(4) Combination Accounts. Accounts that contain both resi-
dential and commercial facilities served through a common meter may
be treated as either residential or non-residential, whichever method
of computation results in the largest number of equivalent living units.
(5) Expansion of an Existing Connection. If a building permit
is issued for an existing connection which will increase water or sewer
demand, or if a building changes from residential to non-residential
occupancy, the total number of E.L.U.'s for the old and new parts of
the facility shall be computed as outlined in paragraph 3 of this
section. The number of new E.L.U.'s shall be determined by subtracting
the old E.L.U.'s from the total number Of E.L.U.'s in the entire facility.
The impact fee will be assessed on the number of new E.L.U.'s. As an
example, if an existing building contained 150 fixture units and it was
expanded to 300 fixture units, the development fee would equal (8 E.L.U.'s
- 6 E.L.U.'s) or 2 E.L.U.'s.
Sec. 19-39. Purpose of Article and Method of Finance.
- 17 -
(1) This article establishes procedures to facilitate the
orderly expansion of the city's water supply system and wastewater
treatment system.
(2) In order to finance these capital improvements, several
combined methods of financing will be necessary, one of which is a
development fee defined as "a new building's contribution toward its
equitable share of the cost of capital improvements required to serve
new users."
Sec. 19-40. Development Fee Review.
(1) The development fee amount shall be reviewed in July of
every year in order to determine if the cost of system improvements
necessitates a change in the amount of the fee.
Sec. 19-41. Fee Schedule.
(1) There is hereby imposed a development fee based on the
City Council's determination of the equitable portion of the cost of
financing the extension of the system upon the equivalent living unit
responsible for the need for additional system financing.
The fees shall be as follows:
[a] For each equivalent living unit connected to the system:
Water Service Development Fee $200.00
Sewer Service Development Fee 200.00
Total for Both Services $400.00
[b] For each equivalent living unit constructed in areas served
by privately owned water distribution systems using the
city water supply only:
Water Service Development Fee $300.00
[c] For each equivalent living unit with prior water service
connected to the sewer collection system only:
Sewer Service Development Fee $200.00
Each additional equivalent living unit occasioned by changes in
property usage subsequent to the effective date of this article shall
be subject to a development fee computed in accordance with the foregoing
criteria.
Sec. 19-42. Imposing Fee; When Payable; Penalty for Nonpayment.
(1) The above and foregoing fee shall be imposed on every
equivalent living unit connected to the water and/or sewer system
whether those units are new or existing and inside or outside the
City limits. Each equivalent living unit which at the effective date
of this Ordinance is not connected to the water and/or sewer system
of the city shall be exempt from the payment of the development fees
set forth in Section 19-41, provided that the owner of said equivalent
living unit is the fee simple owner of said unit and has continuously
resided in said equivalent living unit since December 31, 1974. In
order to be entitled to said exemption, the person claiming said exemp-
tion shall furnish proof in the form of a warranty deed showing said
ownership.
(2) The methods of fee payment are as follows:
[a] Water and Sewer Connection Inside City Limits. For each
E.L.U. constructed, a fee of $400.00 will be paid with the
purchase of the building permit, or shall be payable in
twelve equal monthly installments.
[b] Water Connection Only Inside City Limits. For each E.L.U.
constructed a fee of $200.00 will be paid with the purchase
of the building permit, or in twelve equal montly installments.
[c] Sewer Connection Only Inside City Limits. For each E.L.U.
constructed, a fee of $200.00 will be paid with the purchase
of the building permit, or in twelve equal monthly installments.
[d] Water and Sewer Connection Outside City Limits. For any
water and sewer connection outside the city limits, payment
for the development fees shall be made in full prior to
approval of the application for service.
(a] When an extension is made to serve an E.L.U. existing prior
to the effective date of this Ordinance, then the fee shall
be paid as delineated above except that the initial payment
shall be made prior to the installation of the connection.
[f] Non -Payment. Non-payment of the development fee including
the monthly pay back where applicable shall be grounds for
discontinuing service.
[g] The development fee is comprised of two (2) separate fees,
i.e., water and sewer. In areas where only one of these
services is available, the applicable fee shall be that
established for the service provided. The applicable fee
I
for the other service or for both services if neither was
available at the time of construction will become due
when service is made available.
Sec. 19-43. Use of Proceeds.
The proceeds accumulated by reason of the establishment of a
development fee can be used only for the expansion of the primary water
system or the primary sanitary sewer system. Said proceeds may not be
used for improving, updating or bringing the present system into comp-
liance with any change in laws brought about by reason of pollution
control.
Sec. 19-44. Trust Funds.
There are hereby established two (2) trust funds, one designated
as (1) "Development Fee Capital Improvement Trust Fund for the Expansion
of Primary Water System," and (2) "Development Fee Capital Improvement
Trust Fund for the Expansion of Primary Sewerage System." All develop-
ment fees paid to the city shall be deposited in the appropriate trust
fund to be held in separate accounts and used only for the purposes of
I
the expansion of the city's primary water supply system and the primary
waste water treatment system. Funds may be disbursed from these accounts
in the customary manner in accordance with appropriate law with the
added requirement that the disbursal of such funds shall require the
approval of the city council and the city consulting engineer. Any
funds on deposit in said trust funds which are not immediately necessary
for expenditure may be invested in time deposits of banks or trust
companies represented by certificates of deposit fully secured as provided
by law maturing in a period of eighteen (18) months or less. All such
security shall be held by the depository bank, and all income derived
therefrom shall be deposited in the applicable trust funds as herein -
above established.
19-44.
Sec. 19-45. Penalty for Violation of Section 19-38 through
(1) Any person violating any of the provisions of Section 19-38
through 19-44, or failing to comply therewith shall be deemed guilty of
- 20 -
a misdemeanor and shall be punished by a fine of not less than one
($1.00) nor more than five hundred dollars ($500.00), or by imprison-
ment in the jail for a period of not exceeding sixty (60) days or by
both such fine and imprisonment, at the discretion of the judge trying
the case. Each day any such violation shall continue shall consti-
tute a separate offense.
SECTION 2. That all ordinances or parts of ordinances and all
resolutions or parts of resolutions of the City of Edgewater, Florida,
that are in conflict herewith be and the same are hereby repealed.
SECTION 3. That the City Clerk is hereby directed to advertise
this Ordinance as required by law.
SECTION 4. That this Ordinance shall take effect immediately
upon its adoption by the City Council and approval as provided by law.
The first reading of the above Ordinance was read in full and
passed by vote of the City Council of the City of Edgewater, Florida,
at_,thy Regular meeting of said Council held on the /ZLay of
, and approved as provided by law.
The second reading of said Ordinance to be at a,, O w
meeting of the City Council to be held on the /O _1�4 day of
1980.
Roll call vote as
ATTEST:
FIRST READING:
CAL man
_11,0-i A-1 7 ?10
Councilma
- 21 -
Approved this /O r"/a day of
A.D. 1980.
Mayor
This Ordinance prepared by:
JUDSON I. WOODS, JA.
City Attorney
P2 -
ORDINANCE NO. 90- 0- q3
�Ay
w^^J
AN ORDINANCE AMENDING CHAPTER 19 OF THE CODE
OF ORDINANCES OF THE CITY OF EDGEWATER,
FLORIDA ENTITLED UTILITIES AND SERVICES BY
ESTABLISHING ARTICLE I, WATER; PROVIDING FOR
DEFINITIONS; THE REQUIREMENT OF CONNECTIONS
TO THE WATER DISTRIBUTION SYSTEM; ESTABLISHMENT
OF SERVICE CHARGE, MINIMUM DEPOSITS; CONNECTION
CHARGES, MONTHLY BILLS, DISCONTINUANCE OF SER-
VICE FOR NON-PAYMENT, RE-ESTABLISHMENT CHARGE;
MINIMUM METER RATES; MULTIPLE MINIMUM CHARGE;
RATE INCREASE AND BI-ANNUAL REVIEW; EXTRA-
ORDINARY SERVICE CALL CHARGES; IRRIGATION AND
SWIMMING POOL PROVISIONS; SPECIAL USE PROVISIONS;
FIRE HYDRANT RENTAL; WATER SERVICES FOR FIRE
PROTECTION; SYSTEMS OUTSIDE THE CITY; RE -SALE
OF WATER OUTSIDE THE CITY; LIMITATIONS OF NEW
CONNECTIONS; TAMPERING WITH PROPERTY; PROHIBITS
BOOSTER PUMPS; LIMITS STRUCTURES; REFUSALS OF
SERVICE AND PENALTIES; ESTABLISHING ARTICLE II,
SEWERS; PROVIDING FOR THE REQUIREMENTS OF CONNEC-
TION TO THE SEWER SYSTEM, CONNECTION CHARGES;
PROHIBITS TAP -IN WITHOUT PAYMENT; PROVIDES FOR
CONNECTION AT TIME OF CONSTRUCTION AND THERE-
AFTER; SET DEPOSIT FEES; SERVICE BILLS; SCHEDULE
OF MONTHLY CHARGES; SETTING FORTH PENALTIES FOR
VIOLATION THEREWITH; ESTABLISHING ARTICLE III,
DEVELOPMENT FEES FOR MUNICIPAL WATER SUPPLY AND
WASTE WATER TREATMENT FACILITIES EXTENSIONS;
PROVIDING FOR DEFINITIONS; PURPOSE OF ARTICLE
AND METHOD OF FINANCE; DEVELOPMENT FEE REVIEW;
FEE SCHEDULES; AND IMPOSITION OF FEES AND PENAL-
TIES FOR NON-PAYMENT; USE OF PROCEEDS; SETTING
UP A TRUST FUND; PROVIDING FOR VIOLATIONS THERE-
WITH; REPEALING ALL ORDINANCES OR PARTS OF ORDIN-
ANCES IN CONFLICT HEREWITH, PROVIDING FOR AN
EFFECTIVE DATE, PROVIDING FOR ADVERTISEMENT BY
THE CITY CLERK.
SECTION 1. That Chapter 19, Utilities and Services of the
Code of Ordinances of the City of Edgewater, Florida is hereby
amended to read as follows:
;A If
,FCl6b,`-�rS�3"
- 1 -
J
CHAPTER 19
UTILITIES AND SERVICES
ARTICLE I. IN GENERAL
Sec. 19-1 Utility Deposit.
The City shall require a utility deposit in the amount of Thirty Dollars
($30.00) before water, sewer or garbage services are initiated to any
equivalent living unit in the City. Such deposit shall remain with the
City without interest, as long as the owner is receiving water, sewer
or garbage service. These monies shall be invested and the income de-
rived therefrom be used in the operation of water, sewer and garbage
system thereby helping to keep the rates for said services to a minimum.
Sec. 19-2. Unlawful Connections.
No person shall be allowed to connect into any water line or sewer line
owned by the City without the written consent of the City, and then the
connection with such line shall be made only under the direction and
supervision of the City. Any property owner or plumber who shall make
any connection without such consent of the City shall upon conviction
be subject to punishment as provided in Section 19-30.
Sec. 19-3. Maintenance of Plumbing System.
The owner of the property shall be responsible for maintaining and
keeping clean and in good repair the water and sewer pipes leading and
connecting from the plumbing system to the City distribution water
lines and main sewers. Failure to keep the sewer pipe, i.e., the pipe
leading from the plumbing system to the City main, clean and maintained
in the proper manner will give the City the right to cut off the water
connection, which shall not be reconnected until the sewer pipe is
cleaned and maintained properly.
Sec. 19-4. No Free Service.
No water or sewage disposal service shall be furnished or rendered free
of charge to any person whatsoever, and the City and each agency, depart-
ment or instrumentality which uses either or both of such services shall
pay therefor at the rates fixed by this Article.
- 2 -
Sec. 19-5. Discontinuance Privilege Abolished.
The privilege of discontinuing water and sewer service while the unit
is not in use is hereby abolished to all customers of the city water-
works and sewer system.
ARTICLE II. WATER
Sec. 19-6. Definitions.
The following definitions apply to this article.
Sec. 19-7. Equivalent Living Unit (E.L.U.)
(1) Residential. Each single-family residence served by the
city through a single sewer service and/or water meter shall be one
equivalent living unit. Each water meter other than the first pro-
vided to serve a single-family residence as an irrigation meter will
be exempted.
(2) Each residential room, combination of rooms, apartment,
or prepared mobile home space that includes connection points for
sewer and/or water service that is owner occupied, offered separately
for rent as a rental unit, or vacant shall be one equivalent living
unit.
(3) Non -Residential, Commercial and Industrial. For non-
residential uses not specifically defined elsewhere in this ordinance,
the number of equivalent living units shall be computed by the building
official using the fixture unit count as defined in the most recent
data published by the American Water Works Association, and the follow-
ing table:
FIXTURE UNITS E.L.U.
0 - 15 1
16 - 30 2
31 - 60 3
61 - 80 4
81 - 100 5
101 - 160 6
161 - 240 7
241 - 340 8
341 - 480 9
481 - 620 10
621 - 800 11
801 -1000 12
1001 -1300 13
1301 -1651 14
For each additional increment of 750 fixture units add one E.L.U.
- 3 -
t
(4) Combination Accounts. Accounts that contain both resi-
dential and commercial facilities served through a common meter may
be treated as either residential or non-residential, whichever method
of computation results in the largest number of equivalent living
units.
(5) If a building permit is issued for an existing non-resi-
dential, commercial or industrial connection which will increase
water or sewer demand, or if a building changes from residential to
non-residential occupancy, the total number of E.L.U.'s for the old
and new parts of the facility shall be computed as outlined in para-
graph three of this Section. The number of new E.L.U.'s shall be
determined by subtracting the old E.L.U.'s from the total number of
E.L.U.'s in the entire facility. The fee will be assessed on the
number of new E.L.U.'s. As an example, if an existing building con-
tained 150 fixture units and it was expanded to 300 fixture units,
the fee would equal (8 E.L.U.'s - 6 E.L.U.'s) or 2 E.L.U.'s.
(6) Multiple Minimum. Each equivalent living unit will be
subject to a minimum charge. The minimum charge for a building com-
plex served through one water meter will be the current E.L.U. mini-
mum for in -city or, if applicable, out -of -city accounts for each
equivalent living unit, less fifty cents ($0.50) for each equivalent
living unit in excess of one.
Monthly water allowance under the minimum billing will be
equal to one current allowance for single service per equivalent liv-
ing unit.
The equivalent living unit minimum charge applies whether all
or any portion of the living units are owner occupied, renter occupied
or vacant.
(7) Sanitary sewer system. Includes two (2) broad categories
of subsystems which are:
[1) Primary or sewage disposal system: The primary system
is further subdivided into: collector sewers, interceptors,
pump stations, force mains, treatment plants, and effluent
disposal facilities; and
- 4 -
[2] Secondary or local collection system: The local system
includes house service and lateral sewers. A collector
sewer is usually defined by governmental agencies as
follows: A collector sewer carries flows generated by
two (2) or more lateral sewers whether or not it also pro-
vides direct services to abutting properties.
(8) Water system: includes two (2) broad categories of sub-
systems which are:
[1] Primary system: -
(a) Wells and well pumps,
(b) Raw water mains,
(c) High service pumpting,
(d) Storage and repumpting,
(e) Treatment plant, and
(f) Transmission mains.
[2] Secondary or local distribution system:
(a) House services including metering,
(b) Six (6) inch and smaller water mains.
Sec. 19-8. Meters and Connections to Water Distribution Sys-
tem Required; Unlawful Connections.
(1) A meter shall be installed in the water connection to each
building or outlet (except fire hydrants and fire protection systems)
whether public or private.
(2) The owner of each lot or parcel of land within Edgewater,
Florida, hereinafter called the "city", upon which lot or parcel of
land any building, structure, or trailer used as a dwelling or to be
occupied by human beings is now situtated or shall hereafter be situated,
for either residential, commercial or other use, shall connect or
cause such building, structure or trailer to be connected with public
water distribution system of the city and to use such facilities, at
the time a certificate of occupancy is issued or sooner with prior
approval by the city.
If the unit was occupied when service was made available, then
the connection shall be made within ninety days of the date service was
available. In any event, all property owners shall connect to the
- 5 -
0
city water within ninety days of the effective date of this Ordinance
unless otherwise excepted herein. The unit shall be liable for all
development fees, unless the unit was occupied when water service was
made available. I£ the unit was occupied when water service was made
available, the unit shall be exempt from the payment of the water devel-
opment fee. Provided, however, that no connection or connections shall
be made where the said water system or line is more than one hundred
feet (100') from such lot or parcel of land, and provided further that
no person shall be required to cross the private property of another to
make such connection or connections to the municipal water distribution
system.
(3) Where water service is requested beyond the limits of the
present distribution system, the water department will install a two-
inch diameter main to the property line, if the property is located within
one hundred feet of the present mains. This extension policy shall not
apply to subdivisions and shall not apply to property located outside the
city limits. Where more than one hundred feet of two inch main is required,
the person requesting such service will pay all cost in connection there-
with, except for the first one hundred feet which will be paid for by the
water department.
Sec. 19-9. Connection Charges.
(1) The following connection charges shall be required for each
connection. made to the water system inside the city limits:
METER SIZE
3/4 inch
1 inch
1 1/2 inch
2 inch and up
CONNECTION CHARGE
$225.00
270.00
375.00
Actual material and
labor cost plus 20%
of the total cost
(2) Connection charges shall be required for each connection
made to the water system outside the city limits and shall be charged
to the person requesting said connection at the actual cost of labor
and materials incurred by the city in making said connection, plus a
surcharge of thirty (3%) percent of the total cost incurred by the city
for each connection made.
Sec. 19-10. Same - Payment of bills; reconnection charge.
Bills for the monthly charges and fees for water service and sewage
- 6 -
0
disposal service shall be submitted and shall be payable upon receipt.
A delinquency charge of ten (10) per cent of the amount due for water
and sewage disposal fees shall be charged against the customer by the
city if the customer shall fail to pay the charges due for water ser-
vice and sewage disposal fees within twenty (20) days of the billing
date of said charges. Should there be a failure by the customer re-
ceiving water and sewage service to pay his bill in full for said
service not later than forty-five (45) days from the billing date for
said service then said water service shall be terminated and shall
not be re -connected after discontinuance until all past due water
bills and sewer disposal fees are fully paid, together with said
charge of ten (10) per cent of past due bills and payment of a five
dollar ($5.00) re -connection charge. The owner of each equivalent
unit, regardless of whether the equivalent unit is rented or being
occupied by the owner, shall be absolutely responsible for the payment
of all charges incurred to the equivalent living unit. No service
shall be re-established until all charges to the city have been paid
in full.
Sec. 19-11. Meter Rates- Minimum.
The following meter rates shall be applied to all retail quan-
tities of water as shown by monthly meter readings to have been de-
livered:
[1] Inside City Limits
Monthly Usage (gallons)
2,000 gallons or less
Excess of 2,000 gallons
Rate
$3.50 mimimum
0.75 per 1,000 gallons
Each monthly bill shall be rendered for an amount of not less
than three dollars and fifty cents ($3.50) which shall allow the use
of two thousand (2,000) gallons of water per month.
[2) Outside City Limit
(a) Water sold through a meter for resale through individual
meters.
Monthly Usage (gallons)
2,000 gallons or less per
individual unit
Excess over 2,000 gallons
Rate
$5.00 minimum per unit
1.25 per 1,000 gallons
- 7 -
a
Each monthly bill shall be rendered for an amount of not less
than five dollars ($5.00) for each individual meter unit, which shall
allow the use of two thousand (2,000) gallons of water per month per
meter unit so billed.
(b) Other meters.
Monthly Usage (gallons) Rate
2,000 gallons or less $5.00 minimum
Excess over 2,000 gallons 1.25 per 1,000 gallons
Each monthly bill shall be rendered for an amount of not less
than five dollars ($5.00) which shall allow the use of two thousand
(2,000) gallons of water per month.
Sec. 19-12. Multiple Minimum Charges.
(1) Minimum Charge where Meter Installation Serves More Than
One Equivalent Living Unit. Each meter installation serving more than
one equivalent living unit shall be allowed to use two thousand (2,000)
gallons per unit per month under the minimum charge of three dollars
and fifty cents ($3.50) for the first unit and three dollars and N0/100
cents ($3.00) for each additional unit served from a single meter in-
side the city.
All water used in excess of two thousand (2,000 gallons per
unit per month shall be at the rate of seventy-five cents ($0.75) per
one thousand (1,000) gallons.
(2) Outside -of -the -City Monthly Multiple Minimum Charge. Each
outside -of -the -city monthly multiple minimum charge will be five dollars
and forty-five cents ($5.45) for the first unit and four dollars and
ninety-five cents ($4.95) for each additional unit. All water used in
excess of two thousand (2,000) gallons per unit per month shall be at
the rate of one dollar and twenty-five cents ($1.25) per one thousand
(1,000) gallons.
(3) Commercial Rate. Commercial, industrial and service
accounts shall not be subject to the multiple minimum charge, except
as set forth in subparagraph (c) below. In lieu of the multiple minimum:
[a] Inside of the city limits the commercial rate will be
three dollars and fifty cents ($3.50) for the first two
thousand (2,000) gallons consumed per month and seventy-
five cents ($0.75) per one thousand (1,000) gallons used
0
,:)
in excess of two thousand (2,000) gallons per month.
[b]
Outside of the city limits
the commercial
rate
will be
five dollars and forty-five
cents ($5.45)
for
the first
two thousand (2,000) gallons consumed per month and one
dollar and seventy cents ($1.70) per one thousand (1,000)
gallons used in excess of two thousand (2,000) gallons
per month.
[c] Commercial, industrial or service accounts in areas
served by privately owned water systems utilizing the
city water system or services shall be subject to a mini-
mum charge for each separate commercial unit whether
owner or renter occupied or vacant.
Sec. 19-13. Rate Increase; Annual Review of Rates.
(1) The foregoing rates shall be reviewed in July of each year
by the City Council. In order to compensate for the increase in the
cost of living or decrease in the cost of living, as the case may be,
the City Clerk will report to the City Council of the cost of living
increase or decrease in July or each year. The City Council at that
time will take official action whether or not to change the rates.
Sec. 19-14. Extraordinary Service Calls.
(1) There shall be a ten dollar ($10.00) service charge for
customer request of a meter bench test for accuracy. If found in-
accurate this charge will be refunded.
(2) Extraordinary service calls, outside of regular mainten-
ance, shall require a ten dollar ($10.00) charge; for example, locating
the meter when covered during sodding or filling on the property.
Actual replacement cost shall be charged for meter damage caused by
building or construction on the property or other causes.
Sec. 19-15. Special Provisions for Water for Irrigation and
Swimming Pools.
(1) Separate Meter Authorized. Upon request of any customer,
and upon payment of the fees and charges herein authorized and estab-
lished, the city shall install for such customer a separate water
meter for the purpose of measuring the amount of water used by such
- 9 -
customer only for irrigation and/or swimming pool purposes.
(2) Deposit and Connection Charge. The amount of the deposit,
the connection charge for each such meter, and the charge for water
metered through such irrigation meter, shall be the same as established
by this article for water meters generally.
(3) Water Excluded in Computing Sewer Bills. All water measured
through such irrigation meters shall be excluded from the computation
of water consumed under the terms of Section 19-11, for the purpose of
computing the monthly sewer service charge, and the rates for sewer
service established by Article III of this chapter shall not be applied
to water measured through such irrigation meters.
(4) Location of Meters; Consumer to Provide Connections; City's
Right -of -Entry. Such irrigation meters shall be placed by the city
only on property on which the city has an easement or right-of-way, and
the customer shall be responsible for providing connections from such
meter to his home property. The city, through its officers, agents and
employees, shall have a right of access to any property upon which
such irrigation meter or connections thereto is located, for the purpose
of inspecting the same or otherwise regulating the operation of said
irrigation meter under the terms of this section.
(5) Special Customer Request. There is a five dollar ($5.00)
service charge for reading a regular meter when the swimming pool is
filled.
Sec. 19-16. Special Provisions for Water by Others.
(1) Water used to fill tank trucks,'such as pest control
vehicles, from hydrants or other city approved sources shall be measured
through a meter supplied by the customer and acceptable to the city.
Notice of the filling operation must be approved prior to the customer's
use. Water consumed by the customer shall be billed at the applicable
rate for the appropriate classification of the user. The user shall
bring his use record to City Hall monthly for billing purposes.
(2) Water used by developers of property shall be metered.
Meters may be obtained from the city in accordance with Sec. 19-9.
Water consumed shall be billed in accordance with the applicable rate
for the appropriate classification of the user.
- 10 -
� � V
Sec. 19-17. Fire Hydrant Rental.
(1) The city shall pay not less than fifty dollars'($50.00)
per year per hydrant to the credit of the water utility for public
fire protection service for hydrants inside the city limits.
Sec. 19-18. Water Distribution Systems Outside the City.
(1) Hereafter the policy of the City of Edgewater shall be to
limit the expansion or extension of the water distribution system
owned by the city and located outside of the city limits to connecting
additional single-family residences, or such buildings, regardless of
use, that require only a three-quarter (3/4) inch water meter and which
would utilize no more water than a single-family residence.
Sec. 19-19.- Extensions Outside of City -Procedure.
When an extension of the water or sewer system is requested by
any person residing outside of the city, the City Council shall have
the power and authority to make said extension upon whatever terms and
conditions the. City Council shall determine, if it is determined by the
City Council that said extension will promote the public health, safety
and welfare and will be economically feasible for the city and the citi-
zens thereof. All costs of extending the city water or sewer system
shall be done solely at the expense of said person requesting said ex-
tension and the plans of any water system to which the city water lines
shall be extended shall be first approved by the city engineers prior
to making connection to the city water system.
Sec. 19-20. Resale of Water Outside City; Limitation on New
Connection.
(1) No person, firm or corporation owning any water distribution
system and buying water from the city for resale to customers outside
the city limits shall enlarge or extend its water distribution system
in order to serve any new customers. New connections to such existing
water distribution systems shall be limited to the connection thereto
of additional single-family residences, or such buildings, regardless
of use that require only a three-quarter (3/4) inch water meter and
which would utilize no more water than a single-family residence.
(2) Any violation of this section by any such water distribu-
tion system shall be grounds for the city to refuse to sell additional
water to such system or to limit the amount of water so sold, at the
discretion of the City Council.
Sec. 19-21. Tampering With Meters, Tap, etc.,. Prohibited.
(1) It shall be unlawful for any person to open a hydrant or
tap, or to take water therefrom, or in any manner to tamper with any
meter, or extend water pipe, or open or use any sealed fixture placed
in or about a building exclusively.for fire protection except in cases
of fire, or to tamper with, remove, injure, or deface any hydrant, tap
or meter, or to cover up, remove or injure any curb or meter box,
without being authorized to do so by proper authority. The building
official for the City shall not issue a certificate of occupancy for
any new equivalent living unit where it is determined that the meter for
said unit has been damaged.
Sec. 19-22. Booster Pumps Not to be Connected to Water
(1) No person shall connect any booster pump to the city water
distribution system, or to any distribution system to which the city
supplies water, without the express written permission of the city.
Sec. 19-23. Limitations of Structures.
(1) Any structure which does not have a service meter installed
for the purchase of water from the city, or from a distribution system
which receives its water supply from the city, shall not be served with
city water, either directly by connection to the city water mains, or by
connection to a distribution system which purchases water from the city,
unless such structure complies with the following requirements:
[a] Any structure over three (3) stories in height shall have
installed a gravity house tank and booster pump system.
Such tank shall have a capacity for storage of not less
than a twenty-four (24) hour normal domestic water supply
for such structure, and shall have a booster pump sufficient
to supply all fixtures freely and continuously.
[b] Such gravity house tank shall be supplied with water from the
water supply main through a float valve. It shall be equipped
with tight covers and shall be vented with a return bend vent
pipe having an area not less than one-half (1/2) the area of
the down feed riser, and the vent opening shall be covered
with a metallic screen of not less than 100 mesh.
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(2-) No building permit for any structure shall be issued by
the City of Edgewater until preliminary plans for the building water
supply system have been examined by the city engineer and certified to
be in compliance herewith. Further, before actual connection of the
water service meter, the city engineer shall have certified compliance
with such preliminary plans and the requirements hereof.
(3) For those structures which are to be constructed outside
the city limits, but will receive their water supply from the city, or
from a water distribution system which receives its water supply from
the city, the agency having jurisdiction to issue building permits is
requested to advise applicants for building permits of the require-
ments of this section, and of the fact that such water supply will not
be available from the city unless the building water supply system
complies with the requirements of this section. The city engineering
department will cooperate with such applicants for building permits
by examining preliminary plans and certifying compliance with the
section. However, prior to the connection of such structure to the
water supply system, the city engineer shall inspect the building
water supply system to insure compliance with the terms hereof.
Sec. 19-24. City's Right to Refuse Service.
(1) The city shall refuse to supply water service to any
customer or structure which does not comply with the requirements of
Section No. 19-23. No water distribution system which receives its
water supply from the city shall permit any customer or structure to
connect with such water distribution system in violation of Section
No. 19-23.
Sec. 19-25. through 19-29. Future.
Sec.-19-30. Penalty for Violation of Sections 19-1 through
19-24
Any person violating any of the provisions of Sections 19-1
through 19-24 or failing to comply therewith shall be deemed guilty of
a misdemeanor and shall be punished by a fine of not less than one
dollar ($1.00) nor more than five hundred dollars ($500.00), or by im-
prisonment in the jail for a period of not exceeding sixty (60) days
or by both such fine and imprisonment, 'at the discretion of the judge
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trying the case. Each day any such violation shall continue shall
constitute a separate offense.
ARTICLE III. SEWERS
Sec. 19-31. Owners, Occupants of Property Abutting Sewer
System Required to Connect; Connection Charge; Waiver.
(1) The owners or occupants of lots or parcels abutting on a
sewer main, or which can use the services and facilities of the sewer
system of the city, are hereby required to connect with and use the
services and facilities of said sewer system. Such connection shall be
made when a certificate of occupancy is issued or prior to that date
as approved by the city. The connection shall be made by the owners or
occupants of all lots or parcels which are located within one hundred
(100) feet of such sewer mains. If the unit was already occupied when
service was made available, then the connection shall be made within
ninety days of the date service becomes available. In any event, all
property owners shall connect to the city sewer within ninety days of
the effective date of this Ordinance unless otherwise excepted herein.
The unit shall be liable for all development fees unless the unit was
occupied when service was made available. If the unit was occupied when
service was made available then that unit shall be exempt from the pay-
ment of the sewer development fee. Provided, however, that no person
shall be required to cross private property of another to make such
connection or connections to the municipal sewer system.
Sec. 19-32. Permit, Payment of Rates and Charges, Requisite to
Tap, Cut, Use Sewerage Lines, Facilities.
It shall be unlawful for any person to tap, cut or in any way
use any line, branch or part of the municipal sewage collection and
sewage treatment facilities without a written permit issued by the proper
municipal authorities and without payment of all rates and charges re-
quired by the city for the use of such facilities.
Sec. 19-33. No Charge for Service Connections made Simultaneously
with Main Construction; Charges for Later Connections.
(1) There shall be a surcharge of thirty (30%) percent of the
minimum connection charge for service connection made to the sewer
system if such service connection is made at the same time as the
construction of sewer mains and is developer installed. If, however,.
a service connection is required after construction of the sewer main or
the city pays for a service connection concurrent with line extensions,
then the city will provide materials and labor to bring the service main
to the property line of the lot or parcel to be connected, and a minimum
charge of one hundred fifty dollars ($150.00) plus a surcharge of thirty
(30%) percent of said minimum charge for inspection services by city
personnel per service connection. The actual connection charge may be
greater than said minimum charge, if the actual cost to the city is
greater than the minimum charge set forth above.
Sec. 19-34. Sewer Service Bills.
All bills for sewer service charges shall be incorporated in the
water bill and shall be payable in accordance with Section 19-10. The
sewer service charges shall become effective as to each lot or parcel of
land connected with the utility upon the construction of all connections
thereto in the sanitary sewer serving such lot or parcel, or the avail-
ability of such sanitary sewer to serve such lot or parcel connected
with such sanitary sewer; provided, however, that as to new construction,
sewer service charges shall accrue upon installation of the water meter.
Sec. 19-35. Schedule of Monthly Charges.
The sewer service charge shall be one hundred (100%) percent of
the monthly water charges. If there is a sewer connection but no water
connection, then the sewer charge shall be one hundred fifty (150%) per-
cent of the minimum water charge.
Sec. 19-36. Unauthorized Persons.
(1) No person, other than an authorized city employee, shall
enter any public sewer or appurtenance thereto, or make any connections
thereto without a written permit from the building official.
(2) All applicants and arrangements for sewer service must be
made at the Edgewater City Hall.
Sec. 19-37. Making or Maintaining Connections for Disposal of
Certain Substances Prohibited.
(1) No person shall make or maintain any connection with any
public or private sewer, or appurtenance thereof, whereby there may be
conveyed into the same suffocating, corrosive, inflammable or explosive
liquid gas, vapor, substance or material. '
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:Sec. 19-38. Acts or Deposits of Substances which Impair,
Obstruct Sewer Flow Prohibited.
(1) No person shall do any act or thing which may impair or
obstruct the flow of any public sewer or clog up any appurtenance thereof,
or place therein any substance, solid or liquid, other than the waste
products £or which sewers are provided.
ARTICLE IV. DEVELOPMENT FEES FOR
MUNICIPAL WATER SUPPLY AND
WASTEWATER TREATMENT FACILITIES EXTENSION
Sec. 19-38. Definitions.
(1) Local System. The term "local system" is defined in this
article as that system in a new subdivision installed by the developer
at the developer's expense. The physical limits of each local system
are the limits of the particular subdivision served.
Water mains and sewers whose principal function is to serve
areas other than the one they traverse are not a part of the local system.
(2) Irrigation Meters. Irrigation meters shall be defined and
subject to the restrictions imposed by Article II, Section 19-15.
(3) Equivalent Living Unit. The following is a definition of
equivalent living unit (E.L.U.).
(a) Residential. Each single-family residence served by
the city through a single sewer service and/or water
meter shall be one equivalent living unit. An irri-
gation meter will be considered to be an E.L.U. and
will be required to pay a development fee.
(b) Each residential room, combination of rooms, apartment,
or prepared mobile home space that includes connection
points for sewer and/or water service that is owner
occupied, offered separately for rent as a rental unit,
or vacant shall be one equivalent living unit.
(c) Non -Residential, Commercial and Industrial. For non-
residential uses not specifically defined elsewhere in
this Ordinance, the number of equivalent living units
shall be computed by the building official using the
mt=
fixture unit count as defined in the most recent data
published by the American Water Works Association and
the following table:
FIXTURE UNITS E.L.U.
0 - 15 1
16 - 30 2
31 - 60 3
61 - 80 4
81 - 100 5
101 - 160 6
161 - 240 7
241 - 340 8
341 - 480 9
481 - 620 10
621 - 800 11
801 - 1000 12
1001 - 1300 13
1301 - 1650 14
For each additional increment of 750 fixture units add one
additional E.L.U.
(4) Combination Accounts. Accounts that contain both resi-
dential and commercial facilities served through a common meter may
be treated as either residential or non-residential, whichever method
of computation results in the largest number of equivalent living units.
(5) Expansion of an Existing Connection. If a building permit
is issued for an existing connection which will increase water or sewer
demand, or if a building changes from residential to non-residential
occupancy, the total number of E.L.U.'s for the old and new parts of
the facility shall be computed as outlined in paragraph 3 of this
section. The number of new E.L.U.'s shall be determined by subtracting
the old E.L.U.'s from the total number of E.L.U.'s in the entire facility.
The impact fee will be assessed on the number of new E.L.U.'s. As an
example, if an existing building contained 150 fixture units and it was
expanded to 300 fixture units, the development fee would equal (8 E.L.U.'s
- 6 E.L.U.'s) or 2 E.L.U.'s.
Sec. 19-39. Purpose of Article and Method of Finance.
(1) This article establishes procedures to facilitate the
orderly expansion of the city's water supply system and wastewater
treatment system.
(2) In order to finance these capital improvements, several
combined methods of financing will be necessary, one of which is a
development fee defined as "a new building's contribution toward its
equitable share of the cost of capital improvements required to serve
new users."
Sec. 19-40. Development Fee Review.
(1) The development fee amount shall be reviewed in July of
every year in order to determine if the cost of system improvements
necessitates a change in the amount of the fee.
e .... 10_nl --- c.1..1.1-
(1) There is hereby imposed a development fee based on the
City Council's determination of the equitable portion of the cost of
financing the extension of the system upon the equivalent living unit
responsible for the need for additional system financing.
The fees shall be as follows:
[a] For each equivalent living unit connected to the system:
Water Service Development Fee $200.00
Sewer Service Development Fee 200.00
Total for Both Services $400.00
[b] For each equivalent living unit constructed in areas served
by privately owned water distribution systems using the
city water supply only:
Water Service Development Fee $300.00
[c] For each equivalent living unit with prior water service
connected to the sewer collection system only:
Sewer Service Development Fee $200.00
Each additional equivalent living unit occasioned by changes in
property usage subsequent to the effective date of this article shall
be subject to a development fee computed in accordance with the foregoing
criteria.
Sec. 19-42. Imposing Fee; When Payable; Penalty for Nonpayment.
(1) The above and foregoing fee shall be imposed on every
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equivalent living unit connected to the water and/or sewer system
whether those units are new or existing and inside or outside the
city limits. Each equivalent living unit which at the effective date
of this Ordinance is not connected to the water and/or sewer system
of the city shall be exempt from the payment of the development fees
set forth in Section 19-41, provided that the owner of said equivalent
living unit is the fee simple owner of said unit and has continuously
resided in said equivalent living unit since December 31, 1974. In
order to be entitled to said exemption, the person claiming said exemp-
tion shall furnish proof in the form of a warranty deed showing said
ownership.
(2) The methods of fee payment are as follows:
[a] Water and Sewer Connection Inside City Limits. For each
E.L.U. constructed, a fee of $400.00 will be paid with the
purchase of the building permit, or shall be payable in
twelve equal monthly installments.
[b] Water Connection Only Inside City Limits. For each E.L.U.
constructed a fee of $200.00 will be paid with the purchase
of the building permit, or in twelve equal montly installments.
[c] Sewer Connection Only Inside City Limits. For each E.L.U.
constructed, a fee of $200.00 will be paid with the purchase
of the building permit, or in twelve equal monthly installments.
[d] Water and Sewer Connection Outside City Limits. For any
water and sewer connection outside the city limits, payment
for the development fees shall be made in full prior to
approval of the application for service.
[e] When an extension is made to serve an E.L.U. existing prior
to the effective date of this Ordinance, then the fee shall
,be paid as delineated above except that the initial payment
shall be made prior to the installation of the connection.
[f] Non -Payment. Non-payment of the development fee including
the monthly pay back where applicable shall be grounds for
discontinuing service.
[g] The development fee is comprised of two (2) separate fees,
i.e., water and sewer. In areas where only one of these
services is available, the applicable fee shall be that
established for the service provided. Theapplicable fee
- 19 -
for the other service or for both services if neither was
available at the time of construction will become due
when service is made available.
Sec. 19-43. Use of Proceeds.
The proceeds accumulated by reason of the establishment of a
development fee can be used only for the expansion of the primary water
system or the primary sanitary sewer system. Said proceeds may not be
used for improving, updating or bringing the present system into comp-
liance with any change in laws brought about by reason of pollution
control.
Sec. 19-44. Trust Funds.
There are hereby established two (2) trust funds, one designated
as (1) "Development Fee Capital Improvement Trust Fund for the Expansion
of Primary Water System," and (2) "Development Fee Capital Improvement
Trust Fund for the Expansion of Primary Sewerage System." All develop-
ment fees paid to the city shall be deposited in the appropriate trust
fund to be held in separate accounts and used only for the purposes of
the expansion of the city's primary water supply system and the primary
waste water treatment system. Funds may be disbursed from these accounts
in the customary manner in accordance with appropriate law with the
added requirement that the disbursal of such funds shall require the
approval of the city council and the city consulting engineer. Any
funds on deposit in said trust funds which are not immediately necessary
for expenditure may be invested in time deposits of banks or trust
companies represented by certificates of deposit fully secured as provided
by law maturing in a period of eighteen (18) months or less. All such
security shall be held by the depository bank, and all income derived
therefrom shall be deposited in the applicable trust funds as herein -
above established.
Sec. 19-45. Penalty for Violation of Section 19-38 through
19-44.
(1) Any person violating any of the provisions of Section 19-38
through 19-44, or failing to comply therewith shall be deemed guilty of
- 20 -
a misdemeanor and shall be punished by a fine of not less than one
($1.00) nor more than five hundred dollars ($500.00), or by imprison-
ment in the jail for a period of not exceeding sixty (60) days or by
both such fine and imprisonment, at the discretion of the judge trying
the case. Each day any such violation shall continue shall consti-
tute a separate offense.
SECTION 2. That all ordinances or parts of ordinances and all
resolutions or parts of resolutions of the City of Edgewater, Florida,
that are in conflict herewith be and the same are hereby repealed.
SECTION 3. That the City Clerk is hereby directed to advertise
this Ordinance as required by law.
SECTION 4. That this Ordinance shall take effect immediately
upon its adoption by the City Council and approval as provided by law.
The first reading of the above Ordinance was read in full and
passed by vote of the City Council of the City of Edgewater, Florida,
at hie Regular meeting of said Council held on the �� day of
JaSSb and approved as provided by law.
The second reading of said Ordinance to be at a Az7, , Ald
meeting of the City Council to be held on the %O day of � ) p '
1980.
Roll call vote as
ATTEST:
FIRST READING:
=--
Councilman ;l
I.) StXA.:�Qti 95
Councilman U
Councilman
l
- 21 -
SECOND READING:
;-�
W.3 �_
Councilman
t—
Councilman
Cittir Clerk
Approved this /0 j'/7 day of
i✓1/lit6/7 A.D. 1980.
� - 1-z --
Mayor
This Ordinance prepared by:
JUDSON I. WOODS, JR.
City Attorney
22