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83-O-19ORDINANCE NO. 83-0-19 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF EDGEWATER, FLORIDA, AMENDING AND REINACTING CHAPTER 19 OF THE EDGE - WATER CODE OF ORDINANCES SECTIONS 19-1 THROUGH 19-45 AS FOLLOWS: "ARTICLE I GENERAL" REQUIRING A UTILITY DEPOSIT AND SERVICE CHARGE FOR WATER AND SEWER CONNECTIONS, PRO- HIBITING UNLAWFUL CONNECTIONS, REQUIRING MAINTENANCE OF PLUMBING SYSTEMS BY OWNER, NO FREE SERVICE: "ARTICLE II WATER" PROVIDING FOR DEFINITION AND COMPUTATION OF EQUIVALENT LIVING UNITS, REQUIRING METERS AND CONNECTIONS TO WATER SYSTEMS, RE-ESTABLISHING A CONNECTION CHARGE PAYMENT, A SERVICE CHARGE AND INCREASING MINIMUM METER RATES, RE- ESTABLI$HING MULTIPLE MINIMUM CHARGES, PROVIDING FOR ANNUAL REVIEWS OF METERED RATES AND POSSIBLE ACTION BY THE CITY COUNCIL, RE-ESTABLISHING A SERVICE CHARGE FOR EXTRAORDINARY SERVICE CALLS, PROVIDING SPECIAL PROVISIONS FOR IRRIGATION AND POOLS, TEMPORARY METERING, RE-ESTABLISHING FIRE HYDRANT RENTAL FEES, PROVIDING FOR AND REGULATING UTILITY SERVICES OUTSIDE THE CITY, PROHIBITING UNAUTHORIZED USES AND CONNECTIONS, REGULATING BUILDING HEIGHT AND WATER PRESSURE, PROHIBITING CROSS CONNECTIONS, PROVIDING FOR CITY'S RIGHT OF REFUSAL AND PENALTIES FOR VIOLATIONS: "ARTICLE III SEWERS" PROVIDING FOR DEFINITION AND COMPUTATION OF EQUIVALENT LIVING UNITS, REQUIRING CONNECTIONS TO SEWER SYSTEM, PROHIBITING UNAUTHORIZED CONNECTIONS, RE-ESTABLISHING A CONNECTION CHARGE, BILLING, MONTHLY SCHEDULE, PROHIBITING DISPOSAL OF CERTAIN SUBSTANCES, PROHIBITING OBSTRUCTION OF FLOW, PROVIDING PENALTIES FOR VIOLATIONS: "ARTICLE IV IMPACT FEES FOR MUNICIPAL WATER SUPPLY AND WASTEWATER FACILITIES EXTENSION" PROVIDING FOR DEFINITION, PURPOSE AND METHOD OF FINANCE, RE-ESTABLISHING AND INCREASING AN IMPACT FEE AND SCHEDULE, IMPOSITION OF THE FEE AND METHOD OF PAYMENTS, PROVIDING FOR YEARLY REVIEW AND POSSIBLE ACTION BY THE CITY COUNCIL, PROVIDING FOR USE OF PROCEEDS, ESTABLISHMENT OF TRUST FUNDS AND PENALTIES FOR VIOLATIONS. PROVIDING FOR ADVERTISEMENT FOR THIS ORDINANCE AS REQUIRED BY LAW CONTAINING REPEALER PROVISION, SEVERABILITY CLAUSE AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the Utilities Department has recommended that CHAPTER 19 of the Code of Ordinances of the City of Edgewater, Sections 19-1 through 19-45 be revised and updated, and WHEREAS, the Utilities Department of the City of Edgewater has recommended and the Council has agreed to increase the minimum base water and sewer rate, the water and sewer overage rate, and the water and sewer impact fees, and Ord. 83-0-19 WHEREAS, the City Council of the City of Edgewater finds that it is necessary and in the best interest of the health, safety and welfare of the citizens of the City of Edgewater, Florida, to consolidate Ordinances 80-0-43, 80-0-71, 81-0-08, 81-0-09, and the Model Ordinance for control of back flow and cross connections as developed by the University of Southern California and adopted by reference by City of Edgewater Ordinance 81-0-09. NOW, THEREFORE, BE IT ENACTED BY THE PEOPLE OF THE CITY OF EDGEWATER, FLORIDA: SECTION 1. That CHAPTER 19 0£ the Edgewater Code of Ordinances, Section 19-1 through 19-45 are hereby amended and reinacted as Sections 19-1 through 19-49 as follows: CHAPTER 19 UTILITIES AND SERVICES ARTICLE I. IN GENERAL Sec. 19-1. Utilitv DeDoSit and Service Char The City shall require a utility deposit in the amount of Thirty Dollars ($30.00) plus a Five Dollar ($5.00) service charge before water or sewer service(s) 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 or sewer service(s). These monies shall be invested and the income derived therefrom be used in the operation of the water and sewer 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 -2- Ord. 83-019 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 19-29. Sec. 19-3. Maintenance of Plumb.ing 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, department or instrumentality which uses either or both of such services shall pay therefore at the rates fixed by this Article. A minimum bill shall be rendered monthly whether service is used or not. Sec. 19-5 through 19-9. Reserved. ARTICLE II. WATER Sec. 19-10. 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, provided to serve a single-family residence as an irrigation meter will be exempted from the sewer charge. (2) Each residential room, combination of rooms, apartment or prepared mobile home space that includes connection points for -3- Ord. 83-0- 19 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 following table: FIXTURE UNITS E.L.U. 0 - is 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. (4) Combination Accounts. Accounts that contain both residential 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- residential, 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 paragraph 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 contained 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. 4- Ord. 83-0-19 (6) Multiple Minimum. Each equivalent living unit will be subject to a minimum charge. The minimum charge for a building complex served through one water meter will be the current E.L.U. minimum for in -city or, if applicable, out -of -city accounts for each equivalent living unit, less sixty cents ($0.60) 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 living unit. (7) 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 pumping, (d) Storage and repumping, (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. The equivalent living unit minimum charge applies whether all or any portion of the living units are owner occupied, renter occupied or vacant. Sec. 19-11. Meters and Connections to water distribution system require . (1) Each building or outlet (except fire hydrants and fire protection systems) whether Public or Private shall be served by the City water system through a metered connection, either individually or through a master meter. (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 in or situated or shall hereafter be situated, -5- Ord. 83-0-19 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; provided, however, that this section shall only apply to lots or parcels where the Department has certified to the City Clerk that said lot is available for water services through the Water Distribution System. (3) If the unit was occupied when service was certified to be available, then the connection shall be made within ninety (90) days of written notification by the City Clerk. The unit shall be liable for all impact fees, and the unit shall be provided with connec- tion at actual material costs at the time said connection is made; however, the costs may be pro -rated among lots within a close geographic proximity where said lots are connected at the same time. (4) Where water service is requested beyond the limits of the present distribution system, the water department may install a main to the property line, if the property is located within one hundred (100) 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 (100) feet of main is required, the water department shall make determination as to whether or not to provide service based on economic, public health, and system integrity considerations. In the event the application is determined to be economically unfeasible, service may still be provided if the persons requesting such service will pay all costs in connection therewith. Sec. 19-12. Connection Charges. (1) The following connection charges shall be required for each connection made to the water system inside the City limits: Meter Size Connection Charge 5/8" x 3/4" $250.00 1" 270.00 1 1/2" 375.00 2" and up Actual material and labor costs plus 20% of total cost. (2) Connection charges shall be required for each connection made to the water system outside the City limits and shall be charged 6- Ord. 83-0-19 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 percent (30%) of the total cost incurred by the City for each connection made. Sec. 19-13. Same - Payment of bills; Service 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 percent (10%) 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 service and sewage disposal fees within twenty (20) days of the billing date of said charges. Should there be a failure by the customer receiving 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 percent (10%) of past due bills and payment of a Five Dollar ($5.00) service 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. 19-14. Meter Rates - Minimum. The following meter rates shall be applied to all retail quantities of water as shown by monthly meter readings to have been delivered: (1) Inside City Limits. Monthly Usage (gallons) Rate 2,000 gallons or less $3.60 minimum Excess of 2,000 gallons 1.20 per 1,000 gallons Each monthly bill shall be rendered for an amount of not less than Three Dollars and Sixty Cents ($3.60) which shall allow the use of two thousand (2,000) gallons of water per month. -7- Ord. 83-0-19 (2) Outside City Limits. (a) Water sold through a meter for resale through individual meters. Monthly Usage (gallons) Rate 2,000 gallons or less per individual unit $5.00 minimum per unit 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) for each individual meter unit, which shall allow the use of two thousand (2,000) gallons of water per month per 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. 19-15. 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 Sixty Cents ($3.60) for the first unit and Three Dollars and No/100 Cents ($3.00) for each additional unit served from a single meter inside the City. 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 Cents ($1.20) per one thousand (1,000) gallons. (2) Outside -of -the -City Monthly Multiple Minimum Charge. Each outside -of -the -City monthly multiple minimum charge shall 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 -8- Ord. 83-0- 19 r 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 Sixty Cents ($3.60) for the first two thousand (2,000) gallons consumed per month and One Dollar and Twenty Cents ($1.20) 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 minimum charge for each separate commercial unit whether owner or renter occupied or vacant. Sec. 19-16. Rate Increase; Annual Review of Rates. (1) The foregoing rates shall be reviewed by July of each year by the City Council to determine if revenues are sufficient to properly operate and maintain the system. The City Council at that time will take official action whether or not to change the rates. Sec. 19-17. 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 the meter is 9- Ord. 83-0-19 � O O found to be inaccurate, this charge will be refunded. (2) Extraordinary service calls, outside of regular maintenance, 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. 19-19. S ecial Provisions for Water for Irrigation an Swimming Pools. (1) Separate Meter Authorized. Upon request of any customer and upon payment of the fees and charges herein authorized and established, the City shall install for such customer a separate water meter forthe purpose of measuring the amount of water used by such customer only for irrigation and/or swimming pool purposes. (2) Deposit, Connection Charge and Impact Fee. The amount of the deposit, connection charge and impact fee 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 19-14, 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. 10- Ord. 83-0-19 0 Sec. 19-19. Special Provisions for Temporary Metering. (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 provided by 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 Utilities Department shall monitor this usage and submit a monthly record to City Hall for billing purposes. (2) Water used by developers of property shall be metered. Meters may be obtained from the City. Water consumed shall be billed in accordance with the applicable rate for the appropriate classification of the user. Sec. 19-20. 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. 19-21. 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 five -eights (5/8) inch by three quarter (3/4) inch water meter and which would utilize no more water than a single- family residence. Sec. 19-22. 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 citizens thereof. All costs of extending the City water or sewer 11- Ord. 83-0-19 system shall be done solely at the expense of said person requiring said extension 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. 19-23. 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 required only a five -eights (5/8) by 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 distribution 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 dis- cretion of the City Council. Sec. 19-24. Tampering with Meters, Tap, Etc., Unlawful. (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 or install below finished grade. The building official for the City shall not issue a certificate of occupancy for any new equivalent living unit as long as any of the violations listed herein remain uncorrected. Sec. 19-25. Booster Pumps Not to be Connected to Water ystems. 12- Ord. 83-0 19 (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. 19-26. 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. (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. 13- Ord. 83-0-19 (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. 19-27. Cross -Connection - General Policy, and Definitions. A. Purpose. The purpose of this subsection is: 1. To protect the public potable water supply of the City of Edgewater from the possibility of contamination or pollution by isolating within its customer's private water system(s) such contaminants or pollutants which could backflow or back -siphon into the public water supply system; and 2. To promote the elimination or control of existing cross -connections, actual or potential, between its customer's in -plant potable water system(s) and non - potable water systems, plumbing fixtures and industrial piping systems; and 3. To provide for the maintenance of a continuing program of cross -connection which will systematically and effectively prevent the contamination or pollution of all potable water systems. B. Responsibility. The department shall be responsible for the protection of the public potable water distribution system from contamin- ation or pollution due to the backflow or back-siphonage of -14- Ord. 83-0-19 contaminants or pollutants through the said department, an approved backflow prevention device is required at the City's water service connection to any customer's premises, for the safety of the water system, the supervisor or his designated agent shall give notice in writing to said customer to install such an approved backflow prevention device at each service connection to his premises. The customer shall immediately install such approved device or devices at his own expense; and failure, refusal or inability on the part of the customer to install said device or devices immediately shall constitute a ground for discontinuing water service to the premises until such device or devices have been properly installed. C. Definitions. 1. Supervisor. The Supervisors of the Utilities Department of the City of Edgewater are vested with the authority and responsibility for the implementation of an effective cross -connection control program and for the enforcement of the provisions of this ordinance. 2. Approved. Accepted by the department as meeting an applicable specification stated or cited in this ordinance, or as suitable for the proposed use. D. Auxiliary. Water Supply. Any water supply on or available to the premises other than the purveyor's approved public potable water supply. These auxiliary waters may include water from another purveyor's public potable water supply or any natural source(s) such as a well, spring, river, stream, harbor, etc., or "used waters" or "industrial fluids". These waters may be polluted or contaminated or they may be objectionable and constitute an unacceptable water source is- Ord. 83-0-19 over which the water purveyor does not have sanitary control. E. Backflow. The flow of water or other liquids, mixtures or substances into thedistributing pipes of a potable water supply system from any source other than its intended source caused by the sudden reduction of pressure in the potable water supply system. F. Back-siphonage. The flow of water or other liquids, mixtures or substances into the distributing pipes of a potable water supply system from any source other than its intended source caused by the sudden reduction of pressure in the potable water supply system. G. Backflow Preventer. A device or means designed to prevent backflow or back- siphonage. 1. Air -Gap. The unobstructed vertical distance through the free atmosphere between the lowest opening from any pipe or faucet supplying water to tank, plumbing fixture, or other device and the flood level rim of said vessel. An approved air -gap shall be at least double the diameter of the supply pipe, measured ver- tically, above the top of the rim of the vessel; and, in no case less than one inch. When an air -gap is used at the service connection to prevent the contamin- ation or pollution of the public potable water system, an emergency by-pass shall be installed around the air -gap system and an approved reduced pressure principle device shall be installed in the by-pass system. 2. Reduced Pressure Principle Device. An assemply of two independently operating approved check valves with an automatically operating differential relief valve between 16- Ord. 83-0-19 the two check valves, tightly closing shut-off valves on either side of the check valves, plus properly located test cocks for the testing of the check and relief valves. The entire assembly shall meet the design and performance specifications and approval of a recognized and City approved testing agency for backflow prevention assemblies. The device shall operate to maintain the pressures in the zone between the two check valves at a .level less than the pressure on the public water supply side of the device. At cessation of normal flow, the pressure between the two check valves shall be less than the pressure on the public water supply side of the device. In case of leakage of either of the check valves the differential relief valve shall operate to maintain the reduced pressure in the zone between the check valves by discharging to the atmosphere. When the inlet pressure is two pounds per square inch or less, the relief valve shall open to the atmosphere. To be approved, these devices must be readily accessible for in -line maintenance and testing and be installed in a location where no part of the device shall be submerged. 3. Double Check Valve Assembly. An assembly of two independently operating approved check valves with tightly closing shut-off valves on each side of the check valves, plus properly located test cocks for the testing of each check valve. The entire assembly shall meet the design and performance specifications and approval of a recognized and City approved testing agency for backflow prevention devices. To be approved these devices must be readily accessible for in -line maintenance and testing. H. Contamination. Means an impairment of the quality of the potable water by sewage, industrial fluids or waste liquids, compounds or other materials to a degree which creates an actual -17- Ord. 83-0-19 hazard to the public health through poisoning or through the spread of disease. I. Cross -Connection. Any physical connection or arrangement of piping or fixtures between two otherwise separate piping systems one of which contains potable water and the other non - potable water or industrial fluids of questionable safety, through which, or because of which, backflow or back- siphonage may occur into the potable water system. A water service connection between a public potable water distribution system and a customer's water distribution system is cross -connected to a contaminated fixture, industrial fluid system or with a potentially contaminated supply or auxiliary;! water system, constitutes one type of cross -connection. Other types of cross -connections include connectors such as swing connections removable sections, four-way plug valves, spools, dummy sections of pipe; swivel or change -over devises, sliding multiport tube, solid connections, etc. J. Cross -Connections - Controlled. A connection between a potable water system and a non - potable -water system with an approved backflow prevention device properly installed that will continuously afford the protection commensurate with the degree of hazard. K. Cross -Connection Control by Containment. The installation of an approved backflow prevention device at the water service connection to any customer's premises where it is physcially and economically infeasible to find and permanently eliminate or control all actual or potential cross -connections within the customer's water system; or, it shall mean the installation of an approved backflow prevention device on the service line leading to and supplying a portion of a customer's water system where there are actual or potential cross -connections which cannot be -18- Ord. 83-0-19 effectively eliminated or controlled at the point of cross - connection. L. Hazard, Degree Of. The term is derived from an evaluation of the potential risk to public health and the adverse effect of the hazard upon the potable water system. 1. Hazard - Health. Any condition, device, or practice in the water supply system and its operation which could create, or in the judgment of the department may create a danger to the health and well-being of the water consumer. An example of a health hazard is a structural defect, including cross -connections, in a water supply system. 2. Hazard - Plumbing. A plumbing type cross -connection in a consumer's potable water system that has not been properly protected by a vacuum breaker, air -gap separation or backflow prevention device. Unprotected plumbing type cross -connections are considered to be health hazard. 3. Hazard - Pollutional. An actual or potential threat to the physical properties of the water system or to the potability of the public or the consumer's potable water system but which would constitute a nuisance or be aesthetically objectionable or could cause damage to the system or its appurtenances, but would not be dangerous to health. 4. Hazard - System. An actual or potential threat of severe damage to the physical properties of the public potable water system or the consumer's potable water system or of a pollution or contamination which would have a protracted effect on the quality of the potable water in the system. M. Industrial Fluids System. Any system containing a fluid or solution which may be chemically, biologically or otherwise contaminated or polluted in a form or concentration such as would constitute a health, system, pollutional or plumbing hazard if -19- Ord. 83-0- 19 introduced into an approved water supply. This may include, but not be limited to: Polluted or contaminated waters; all types of process waters and "used waters" originated from the public potable water system which may have deteriorated in sanitary quality; chemicals in fluid form; plating acids and alkalies; circulated cooling waters connected to an open cooling tower and/or cooling towers that are chemically or biologically treated or stabilized with toxic substances; contaminated natural waters such as from wells, springs, streams, rivers, bays, harbors, seas, irrigation canals or systems, etc.; oils, gases, glycerine, paraffins, caustic and acid solutions and other liquid and gaseous fluids used in industrial or other purposes or for fire -fighting purposes. N. Pollution. Means the presence of any foreign substance (organic, inorganic, or biological) in water which tends to degrade its quality so as to constitute a hazard or impair the usefulness or quality of the water to a degree which does not create an actual hazard to the public health but which does adversely and unreasonably affect such waters for domestic use. 0. Water - Potable. Any water which, according to recognized standards, is safe for human consumption. P. Water - Nonpotable. Water which is not safe for human consumption or which is of questionable potability. Q. Water - Service Connections. The terminal end of a service connection from the public potable water system; i.e., where the Water Purveyor loses jurisdiction and sanitary control over the water at its point of delivery to the customer's water system. If a meter is installed at the end of the service connection, then the service connection shall mean the downstream 20- Ord. 83-0-19 end of the meter. There should be no unprotected take- offs from the service line ahead of any meter or backflow prevention device located at the point of delivery to the customer's water system. Service connection shall also include water service connection from a fire hydrant and all other temporary or emergency water service connections from the public potable water system. R. Water - Used. Any water supplied by a Water Purveyor from a public potable water system to a consumer's water system after it has passed through the point of delivery and is no longer under the sanitary control of the Water Purveyor. Sec. 19-27.1. Requirements. A. Water System. 1. The water system shall be considered as made up of two parts: The Utility System and the Customer System. 2. Utility System shall consist of the source facilities and the distribution system; and shall include all those facilities of the water system under the complete control of the utility, up to the point where the customer's system begins. 3. The source shall include all components of the facilities utilized in the production, treatment, storage, and delivery of water to the distribution system. 4. The distribution system includes the network of conduits used for the delivery of water from the source to the customer's system. 5. The customer's system shall include those parts of the facilities beyond the termination of the utility distribution system which are utilized in conveying utility -delivered domestic water to points of use. B. Policy. 1. No water service connection to any premises shall be installed or maintained by the Water Purveyor -21- Ord. 83-0-19 c unless the water supply is protected as required by State laws and regulations and this Ordinance. Service of water to any premises shall be discontinued by the Water Purveyor if a backflow prevention device required by this Ordinance is not installed, tested and maintained, or if it is found that a backflow prevention device has been removed, by-passed, or if an unprotected cross -connection exists on the premises. Service will not be restored until such conditions or defects are corrected. 2. The customer's system should be open for inspection at all reasonable times to authorized representatives of the department to determine whether cross -connections or other structural or sanitary hazards, including violations of these regulations, exist. When such a condition becomes known, the department shall deny or immediately discontinue service to the premises by providing for a physical break in the service line until the customer has corrected the condition(s) in confor- mance with State and City statutes relating to plumbing and water supplies and the regulations adopted pursuant thereto. 3. An approved backflow prevention device shall also be installed on each service line to a customer's water system at or near the property line or immediately inside the building being served; but in all cases, before the first branch line leading off the service line wherever the following conditions exist: (a) In the case of premises having an auxiliary water supply which is not or may not be of safe bacteriological or chemical quality and which is not acceptable as an additional source by the department, the public water system shall be 22- Ord. 83-0-19 protected against backflow from the premises by installing a backflow prevention device in the service line appropriate to the degree of hazard. (b) In the case of premises on which any industrial fluids or any other objectionable substance is handled in such a fashion as to create an actual or potential hazard to the public water system, the public system shall be protected against backflow from the premises by installing a backflow prevention device in the service line appropriate to the degree of hazard. This shall include the handling of process waters and waters originating from the utility system which have been subject to deterioration in quality. (c) In the case of premises having (1) internal cross -connection that cannot be permanently corrected and controlled, or (2) intricate plumbing and piping arrangements or where entry to all portions of the premises is not readily accessible for inspection purposes, making it impracticable or impossible to ascertain whether or not dangerous cross -connections exist, the public water system shall be protected against backflow from the premises by installing a backflow prevention device in the service line. 4. The type of protective device required under subsection G, 1, 2, and 3, shall depend upon the degree of hazard which exists as follows: (a) In the case of any premises where there is an auxiliary water supply as stated in subsection D of this section and it is not subject to any of the following rules, the public water system shall be protected by an approved air -gap separation or an 23- Ord. 83-0-19 ` a a approved reduced pressure principle backflow prevention device. (b) In the case of any premises where there is water or substance that would be objectionable but not hazardous to health, if introduced into the public water system, the public water system shall be protected by an approved double check valve assembly. (c) In the case of any premises where there is any material dangerous to health which is handled in such a fashion as to create an actual or potential hazard to the public water system, the public water system shall be protected by an approved air -gap separation or an approved reduced pressure principle backflow prevention device. Examples of premises where these conditions will exist include sewage treatment plants, sewage pumping stations, chemical manufacturing plants, hospitals, mortuaries and plating plants. (d) In the case of any premises where there are "uncontrolled" cross -connections, either actual or potential, the public water system shall be protected by an approved air -gap separation or an approved reduced pressure principle backflow prevention device at the service connection. (e) In the case of any premises where, because of security requirements or other prohibitions or restrictions, it is impossible or impractical to make a complete in -plant cross -connection survey, the public water system shall be protected against backflow or back-siphonage from the premises by the installation of a backflow prevention device in the service line. In this case, maximum protec- tion will be required; that is, an approved air -gap -24- Ord. 83-0-19 separation or an approved reduced pressure principle backflow prevention device shall be installed in each service to the premises. 5. Any backflow prevention device required herein shall be of a model and size approved by the department. The term "Approved Backflow Prevention Device" that has been manufactured in full conformance with the standards established by the American Water Works Association entitled: AWWA C506-69 Standards for Reduced Pressure Principle and Double Check Valve Backflow Prevention Devices. and, have met completely the laboratory and field performance specifications of the Foundation for Cross - Connection Control and Hydraulic Research of the University of Southern California established by: Specifications of Backflow Prevention Devices - 869-2 dated March, 1969, or the most current issue. Said AWWA and FCCC&HR standards and specifications have been adopted by the department. Final approval shall be evidenced by a "Certificate of Approval" issued by an approved testing laboratory certifying full compliance With said AWWA standards and FCCC$HR specifications. The following testing laboratory has been qualified by the department to test and certify backflow preventers: Foundation for Cross -Connection Control P, Hydraulic Research University of Southern California University Park Los Angeles, California 90007 Testing laboratories other than the laboratory listed above will be added to an approved list as they are qualified by the department. Backflow preventers which may be subjected to back pressure or back siphonage -25- Ord. 83-0- 19 � }. , • • • III Y that have been fully tested and have been granted a Certificate of Approval by said qualified laboratory and are listed on the laboratory's current list of "Approved Devices" may be used without further test or qualification. 6. It shall be the duty of the customer -user at any premise where backflow prevention devices are installed to have certified inspections and operational tests made at least once per year. In those instances where the Supervisor deems the hazard to be great enough he may require cert- ified inspections at more frequent intervals. These inspections and tests shall be at the expense of the water user and shall be performed by the device manufacturer's representative, by department personnel or by a certified tester approved by the Supervisor. It shall be the duty of the Supervisor to see that these timely tests are made. The customer -user shall notify the department in advance when the tests are to be undertaken so that he or his rep- resentative may witness the tests if it is so desired. These devices shall be repaired, overhauled or replaced at the expense of the customer -user whenever said devices are found to be defective. Records of such tests, repairs, and overhaul shall be kept and made available to the department. 7. All presently installed backflow prevention devices which do not meet the requirements of this section but were approved devices for the purposes described herein at the time of installation and which have been maintained, shall, except for the inspection and maintenance requirements under subsection 19-27.1, B.1., be excluded from the requirements of these rules so long as the department is assured that they will satisfactorily protect the utility system. Whenever the existing device is moved from the present location or requires more than minimum maintenance -26- Ord. 83-0- 19 I 0 I or when the department finds that the maintenance constitutes a hazard to health, the unit shall be replaced by abackflow prevention device meeting the requirements of this section. Sec. 19-28. 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. 19-26. 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. 19-26. Sec. 19-29. Penalty for Violation of Sections 19-1 through Any person violating any of the provisions of Sections 19-1 through 19-28 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 imprisonment 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 constitute a separate offense. ARTICLE III. SEWERS Sec. 19-30. 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, provided to serve a single-family residence as an irrigation meter will be exempted from the sewer charge. (2) Each residential room, combination of rooms, apartment, or prepared mobile home space that includes connection points for a -27- Ord. 83-0-19 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 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 - 1651 14 For each additional increment of 750 fixture units, add one E.L.U. (4) Combination Accounts. Accounts that contain both residential 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-residen- tial, commercial or industrial connection which will increase water or sewer demand, or if a building changes from residential to non-residen- tial 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 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 contained 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. -28- Ord. 83-0-19 (6) Multiple Minimum. Each equivalent living unit will be subject to a minimum charge. The minimum charge for a building complex served through one water meter will be the current E.L.U. minimum for in -City or, if applicable, out -of -City accounts for each equivalent living unit, less Sixty Cents ($0.60) 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 living 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 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 lateralsewers whether or not it also provides direct services to abutting properties. Sec. 19-31. Owners, Occupants of Property Abutting Sewer System Require�to Connect: (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 -29- Ord. 83-0-10 E o 0 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 (90) days of the date service becomes available. In any event, all property owners abutting the City sewer shall connect to the City sewer within ninety (90) days of the effective date of this ordinance unless otherwise excepted herein. The unit shall be, liable for all impact fees. 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. Unauthorized Connections Prohibited. 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 required by the City for the use of such facilities. Sec. 19-33. Connection Charge. Any sewer connection to the City Sewer System shall be charged a minimum fee of One Hundred and Fifty Dollars ($150.00). If a lateral service needs to be installed, the property owner shall be billed by the City for actual cost of labor and materials only. 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 19-13. The sewer service charge 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 availability 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. 30- Ord. 83-0-19 Sec. 19-35. Schedule of Monthly Charges. The sewer service charge shall be one hundred percent (100%) of the monthly charges. If there is a sewer connection but no water connection, then the sewer charge shall be one hundred fifty percent (150%) of the minimum water charge. Sec. 19-36. Makin or Maintainin Connections for Disposal o Certain Su stances Pro t ite . (1) No person shall make or maintain any connection with any public or private sewer, or appurenance thereof, whereby there may be conveyed into the same suffocating, corrosive, inflammable or explosive liquid gas, vapor, substance or material. Sec. 19-37. Acts or Deposits of Substances which Impair, 0 struct Sewer Flow Prohibited. (1) No person shall do any act or thing which may impair or obstruct the flow to 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. Sec. 19-38. Reserved. Sec. 19-39. Penal i Sty for Violation of Sections 19-30 through Any person violating any of the provisions of Sections 19-30 through 19-37 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 imprisonment 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 constitute a separate offense. -31- Ord. 83-0-19 ARTICLE IV. IMPACT FEES FOR MUNICIPAL WATER SUPPLY AND WASTEWATER TREATMENT FACILITIES EXTENSION Sec. 19-40. 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- 18. (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 irrigation meter will be considered to be an E.L.U. and will be required to pay an impact fee. (b) Each residential room, combination of rooms, apart- ment, 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 fixture unit count as defined in the most -32- Ord. 83-0-19 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 residential 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 impact fee would equal (8 E.L.U.'s - 6 E.L.U.'s) or 2 E.L.U.'s. Sec. 19-41. 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. 33- Ord. 83-0-19 (2) In order to finance these capital improvements, several combined methods of financing will be necessary, one of which is an impact fee defined as "a new user's contribution toward its equitable share of the cost of capital improvements required to serve new users". Sec. 19-42. Impact Fee Establishment and Fee Schedule. (1) There is hereby established an impact 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 Impact Fee $400.00 Sewer Service Impact Fee 400.00 Total for both services $800.00 (b) For each equivalent living unit constructed in areas served by privately owned water distribution systems using the City water supply only: Water Service Impact Fee $400.00 (c) For each equivalent living unit with prior water service connected to the sewer collection system only: Sewer Service Impact Fee $400.00 Each additional equivalent living unit occasioned by changes in property usage subsequent to the effective date of this Article shall be subject to an impact fee computed in accordance with the foregoing criteria. Sec. 19-43. Imposing Fee; Method of Payment. (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. 34- Ord. 83-0-19 (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 Eight Hundred Dollars ($800.00) will be paid with the purchase of the building permit, or shall be payable in twelve (12) equal monthly installments. (b) Water Connection Only Inside City Limits. For each E.L.U. constructed a fee of Four Hundred Dollars ($400.00) will be paid with the purchase of the building permit, or in twelve (12) equal monthly installments. (c) Sewer Connection Only Inside City Limits. For each E.L.U. constructed, a fee of Four Hundred Dollars ($400.00) will be paid with the purchase of the building permit, or in twelve (12) equal monthly installments. (d) Water and Sewer Connection Outside City Limits. For any water and sewer connection outside the City limits, payment for the impact fee 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) The impact 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 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. 19-44. Impact Fee Review. -35- Ord. 83-0-19 (1) The impact fee amount shall be reviewed in July of every year by the City Council in order to determine if the cost of system improvements necessitates a change in the amount of the fee. Sec. 19-45. Use of Proceeds. The proceeds accumulated by reason of the establishment of an impact 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 compliance with any change in laws brought about by reason of pollution control. Sec. 19-46. Trust Funds. There are hereby established two (2) trust funds, one designated as (1) "Impact Fee Capital Improvement Trust Fund for the Expansion of Primary Water System", and (2) "Impact Fee Capital Improvement Trust Fund for the Expansion of Primary Sewerage System". All impact fees paid to the City shall be deposited in the appropriate trust fund to be held in separate accounts and used only for the purpose 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 approval of the City Council and 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 hereinabove established. Sec. 19-47 through 19-48. Reserved. 36- Ord. 83-0-19 ` o 0 Sec. 19-49. Penalty for Violation of Section 19-43. A violation of any of the provisions of Section 19-43 shall constitute grounds for the discontinuance of service. The City shall have the power to bring the necessary legal actions to collect delinquent amounts together with cost and fees of the action. SECTION 2. That the City Clerk is hereby directed to advertise this ordinance as required by law. SECTION 3. That all ordinances and parts of ordinances and all resolutions or parts of resolutions in conflict herewith be and the same are hereby repealed. SECTION 4. If any section, part of section, paragraph, clause, phrase, or word of this ordinance is declared invalid, the rema_ling provi i ns of this ordinance shall not be affected. FiGw 2 1, ITX4 SECTION 5. This ordinance shall take effect-irm- ieea��- upon its adoption by the City Council and approval as provided by law. This ordinance was introduced by e2Xirra. S/p mcaq This ordinance was read on first reading and passed by a vote of the City Council of the City of Edgewater, Florida, at a �lnn,6 meeting of said Council, held on the day of 1983, and approved as provided by law. The second reading of this ordinance to be at a meeting of the City Council of the City of Edgewater, Florida, to be held on the 6-ZZ day of , 1983. ROLL CALL VOTE ON ORDINANCE NO. 83-0-19 AS FOLLOWS: -37- Ord. 83-0- 19 FIRST READING SECOND READING � �� �� MAYOR CO 9AN - ZONE ON 0 NC J D N - ZONE ID� CUUNCILM AN(IjLUNt 1.�IKEE Uf� IL / QMA R COODCILMANZON 441- OUN YOD - ZONE COUNCIL f MT_;/ ZO UN YOUR -38- Ord. 83-0-19 This ordinance read and adopted on second reading at a meeting of the City Council of the City of Edgewater, Florida, and authenticated this SXX day of .(.J,LGJ , 1983. M'� I74 .ems .rLb Approved for legality and form: -39- Ord. 83-0-19