539ORDINANCE NO. 539
AN ORDINANCE REQUIRING CONNECTION WITH THE MUNICIPAL
WATER DISTRIBUTION SYSTEM; PROMULGATING DEFINITIONS
AND CLASSIFICATIONS; PROMULGATING RATES TO BE CHARGED
THEREFOR; OUTLINING MEANS OF ENFORCING PAYMENT FOR
WATER SERVICE; PROMULGATING REQUIREMENTS FOR
CONNECTION TO THE MUNICIPAL WATER SUPPLY AND DISTRI-
BUTION SYSTEM; PROHIBITING FREE WATER SERVICE; AND
PROMULGATING PENALTIES FOR VIOLATIONS THEREOF.
BE IT ENACTED BY THE PEOPLE OF THE CITY OF EDGEWATER, FLORIDA:
Section 1. CONNECTIONS WITH WATER DISTRIBUTION SYSTEM REQUIRED.
The owner of each lot or parcel of land within the City of Edgewater,
Florida, hereinafter called the "City", upon which lot or parcel of
land any building, or trailer used as a dwelling, or to be occupied by
human beings, is now situated or shall hereafter be situated, for
either residential, commercial or industrial use, shall connect or
cause such building or buildings, or trailer or trailers, to be
connected with the public water distribution system of the City and
to use such facilities, within three months after notification to do
so by the Clerk of the City. All such connections shall be made in
accordance with the rules and regulations which shall be adopted from
time to time by the City Council of the said City, which rules and
regulations shall provide for a charge for making any such connections
in such reasonable amount as such Council may fix and determine.
Provided, however, that no connection or connections shall be required
where said water system or line is more than 100 feet 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.
Section 2. CONNECTIONS MAY BE MADE BY CITY. If any such owner of
any lot or parcel of land within the City shall fail and refuse to
connect with and use the facilities of the water distribution system
of the City after notification by the City Clerk, as provided in
Section 1 hereof, then the city shall be authorized to make such
connection or connections, and may enter on or upon any such lot or
parcel of land for the purpose of making such connection or
connections. The City shall thereupon be entitled to recover the
cost of making such connection or connections, together with
reasonable penalties and interest and attorneys fees, by suit in
any court of competent jurisdiction. In addition and as an
alternative means of collection such cost of making such connection
or connections, the City shall have a lien on such lot or parcel of
land for such cost, which said lien shall be of equal dignity with
the lien of state and county and municipal taxes. Such lien may
be foreclosed by the City in the same manner as provided for by the
laws of Florida for the foreclosure of mortgages upon real estate.
Section 3. DEFINITIONS, CLASSIFICATIONS AND RATES
A. Definitions
1. Water Service
Each account for which a separate periodic billing is
made by the city shall constitute a water service.
B. Classifications
1. Single Family Residence
A single family residence is defined as a building or
part of a building containing -a one family dwelling unit
and provided with a separate water meter.
2. Commercial and Industrial
Each commercial and/or industrial business entity standing
alone and not incorporated within a multiple unit or
units and using a separate water meter shall be classified
as a single commercial and/or industrial service.
3. Multiple Service
Any group or combination or series of commercial and/or
industrial entities or any group of occupancy units
using a common water meter shall be construed as multiple
service units. This multiple service unit shall include
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but shall not be limited to apartments, condominiums,
cooperative apartments, motels, hotels and trailer
parks.
4. Churches Hospitals Schools and Public Buildings
C. RATES
1. Single Family Residence
Each single family residence as defined herein shall be
charged at the rate of $2.50 per month for the first
3000 gallons of water or portion thereof. In addition,
there shall be a charge of 35C per 1000 gallons of water
or portion thereof in excess of 3000 gallons per month.
2. Commercial and Industrial
Each commercial and/or industrial unit as defined
herein shall be charged at the rate of $2.50 per month
for the first 3000 gallons of water or portion thereof.
In addition, there shall be a charge of 35C per 1000
gallons of water or portion thereof in excess of 3000
gallons per month.
3. Multiple Service
Each multiple service as defined and classified herein
shall be charged at the rate of $2.50 per month for the
first 3000 gallons of water or portion thereof. In
addition, there shall be a charge of 45C per 1000 gallons
or portion thereof in excess of 3000 gallons per month.
4. churches, Hospitals, Schools and Public Buildings
Churches, hospitals, schools and public buildings shall
be charged at the rate of $2.50 per month for the first
3000 gallons of water or portion thereof. In addition,
there shall be a charge of 35C per 1000 gallons or
portion thereof in excess of 3000 gallons per month.
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5. Large Water Services
The city hereby reserves the right to enter into
contracts with large users of water for the purpose
of setting and determining a monthly charge or rate
for the use and consumption of said water which monthly
rate or charge for the use and consumption of said
water may be contemplated on a different basis than
set forth herein irrespective of whether the said water
service has been defined or contemplated in this
ordinance. Such contract or contracts may be entered
into by means of resolution duly adopted by the City
Council.
Section 4. DEPOSITS. CONNECTION CHARGES AND RE -CONNECTION CHARGES.
A. Minimum Deposit
The following minimum deposit shall be required for
each meter, which deposit will bear no interest and
will remain with the water utility as long as the
consumer continues to take water:
Meter Size
Minimum Deposit
3/4"
$20
V.
25
All
30
2"
45
3"
70
4"
150
6"
200
B. Connection Charges
The following connection charges shall be required for
each connection made to the water system inside the
city limits:
Meter Size
3/4"
V.
2"
3" & over
Connection charge
$65
100
250
Actual material & labor cost
C. Re -Connection Charge
There shall be a charge of $20 for relocating any meter.
D. Discontinuance of Water Service
In the case of discontinuance of water service because
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of vacation of the property, then there shall be a
charge of $7 to resume the water service. The said
charge shall apply to each occupancy unit or commercial
or industrial entity whether standing alone or
incorporated in a building or buildings containing
multiple occupancy units and/or commercial or industrial
entities.
Section 5. EXTENSION OF WATER SERVICE
A. When an extension to the water distribution and
supply system is requested inside the city limits on
existing dedicated streets, the following extension
policy applies: When water service is requested beyond
the limits of the present distribution system, the water
department will install an adequate main, the size and
diameter to be determined by the City Engineer, to the
property, if the property is located within 100 feet
from the present main; provided, however, this extension
shall not apply to subdivisions and shall not apply to
property located outside the city limits. When more
than 100 feet of mains are required, the person requesting
the service will pay all costs in connection therewith,
except for the first 100 feet which shall be paid for by
the Water Department. The cost of such extension shall
be calculated upon the basis of a 2" main being used,
whether a 211main is used or not. /The city agrees to
reimburse the person requesting such service in an amount
equal to 20% of the amount of their annual water bill and
in addition, 20% of the annual water bill of such person
as may from time to time connect to the city water system
between the point of connection to the main and the point
of his service, provided that these payments shall be
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made only until the costs therefor have been reimbursed
in full or for a period not exceeding ten years, and
provided further that the water services and
appurtenances shall become and remain the property of
the Water Department at the date of original construction./
B. When extension of the water distribution system is
requested to serve a proposed subdivision inside the
city limits, the following extension policy applies:
The City shall have the option of entering into a contract
with the subdivider upon whatever terms and conditions the
City Council may deem advisable and in the best interest
of the public or shall have the option of requiring the
contractor or subdivider to furnish and install at his
own expense an adequate water distribution system and
necessary appurtenances thereto where connection to the
city supply is available. In case the latter option is
exercised by the City Council, the contractor or subdivider
shall have plans and specifications prepared by a
registered professional engineer showing the proposed
facilities. Such plans and specifications shall meet
with the approval of the Florida State Board of Health
and there shall be approval in writing by the city's
consulting engineers. All contracts for the installation
of said water distribution system shall be first approved
by the city before such installation is made./ The city
shall refund annually to the contractor or subdivider
an amount equal to 20% of the charge for water consumed
from said distribution system until an amount equal to
the cost of installing said distribution system has been
deducted, or for a period of ten years from the date of
acceptance and approval by the city and the connection to,
the water system of the city, whichever shall occur first.
The entire water distribution system and all appurtenances
thereto so installed shall be and at all times remain the
property of the city. Any of the foregoing rebates are
subject to prior first claims against the revenues of
said water system as set forth in Section 5 of
Ordinance No.400 of the City of Edgewater, Florida, said
ordinance being dated March 2, 1964.
Section 6. FIRE HYDRANTS AND FIRE PROTECTION CHARGE. Meters shall
not be installed in public fire hydrants, provided however, that the
city shall pay not less than $50 per year per hydrant to the credit
of the water utility for public fire protection service.
Section 7. WATER SERVICE CONNECTION REQUIRED. No person, group of
persons, firm or corporation shall build or remodel or cause to be
built or remodeled any structure used for human habitation or
occupancy within the city which is within 100 feet of a public water
main unless the said structure shall be connected to the city water
service, provided however, that no connection shall be made to any
city water distribution system without the written consent of the
city and then the connection with such water distribution system
shall be made only under the direction and supervision of the city.
Section B. PRIVATE WATER SUPPLY. It shall not be unlawful for any
person required to connect his property to the city water distribution
system to maintain his own private water supply provided however that
it shall be unlawful for the said private water supply to be used
or maintained for consumption by human beings.
Section 9. PAYMENT OF CHARGES AND BILLS REQUIRED. Bills for the
monthly water service hereinbefore mentioned shall be submitted and
shall be paid monthly, provided however, that any charges for
installation or connection or re -connection or resumption shall be
first paid before said water service is furnished. If any monthly
bill for water service shall be and remain unpaid on and after
thirty days from the date of submission of said bill for such
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service, a penalty of 10% of said bill shall be imposed and shall
be added to this bill and, if said bill shall be and remain due and
unpaid for a period of sixty days from the date of this bill, the
water service to the consumer shall be discontinued and shall not
be re -connected or resumed until all past due water bills and sewage
disposal fees are fully paid, together with a re -connection charge
of $7, which said $7 re -connection or resumption charge or fee shall
be in addition to any re -connection charges or resumption charges or
fees imposed for resumption of sewage disposal service. Where water
service charges are not paid in accordance with the provisions
outlined above, and in those instances where the owner has his own
private water supply, the city shall have the right to cut off such
water supply and the owner shall have no right to re -connect his own
private water supply until the water service charge imposed by the
city shall have been paid in full, together with any penalties as
heretofore provided, and any violation of this section shall subject
the offender to the penalties hereinafter provided.
Section 10. NO SERVICE FREE. No water service shall be furnished
or rendered free of charge to any person, firm or corporation whatsoever,
and the city and each and every agency, department or municipality
which uses the water system shall pay therefor at the rates fixed by
this ordinance unless otherwise provided for in this ordinance.
Section 11. PENALTIES. Any person, firm or corporation violating
any of the provisions of this ordinance shall, upon conviction thereof,
for each such offense, be subject to a fine of not to exceed $300
or by imprisonment not to exceed ninety days, or by both such fine
and imprisonment in the discretion of the Municipal Judge. Any
failure or refusal by an owner of property to connect to the city
water distribution system after notification to do so, as hereinbefore
provided, or any failure or refusal to pay the charges or rates
hereinabove provided, shall be construed to be a violation of this
ordinance.
Section 12. SAVINGS PROVISION. If any one or more of the covenants,
agreements or provisions of this ordinance should be held contrary to
any express provision of law or contrary to the policy of express
law, though not expressly prohibited, or against public policy, or
shall for any reason whatever be held to be invalid or unenforceable,
then such covenants, agreements or provisions shall be null and void,
and shall be deemed separate from the remaining covenants, agreements,
or provisions of this ordinance, which remaining covenants, agreements,
or provisions of this ordinance shall remain in full force and effect.
Section 13. EFFECTIVE DATE. This ordinance shall become effective
immediately upon its passage and approval by the Mayor.
Section 14. CONFLICTING ORDINANCE. All ordinances or parts of
ordinances in conflict herewith be and the same are hereby repealed.
The above ordinance was read in full and passed by vote of the City
Council of the City of Edgewater, Florida, at a regular meeting of
said Council held on the__II_day of April A.D., 1967.
Upon motion duly made, seconded and carried, the requirement of
reading said ordinance upon second reading was waived and the
ordinance was ordered put upon final passage.
Passed by vote of the City Council of the City of Edgewater, Florida
at a regular meeting of said Council held on the_IL_day of
A.D., 1967, and approved as provided by law,
the vote of said Council b
W
Att at;
V
City Clerk
C'eunc lman
Approved this 17 day of
anril A. D., 1967
V r6G Ma or
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