HomeMy WebLinkAboutCity of Tamarac Ordinance O-1980-035Introduced by:
Temp . #726 293
Rev. 3/19/80
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CITY OF TAMARAC, FLORIDA
ORDINANCE NO. O-FO --.35
AN ORDINANCE ESTABLISHING COMPREHENSIVE REGULATIONS PER-
TAINING TO ALL WATER AND SEWER UTILITIES OWNED AND
OPERATED BY THE CITY OF TAMARAC IN THE AREAS OF RATES AND
CHARGES, SERVICE, BILLING, NEW DEVELOPMENT (WATER AND SEWER
EXTENSION POLICY), AND WASTEWATER DISCHARGE STANDARDS;
MAINTAINING SEPARATE RATE SCHEDULES; PROVIDING FOR CODIF-
ICATION; PROVIDING REPEALER; PROVIDING FOR SEVERABILITY OF
INVALID PROVISIONS; AND PROVIDING AN EFFECTIVE DATE.
BE IT ORDAINED BY THE CITY COUNCIL OF TAMARAC, FLORIDA:
SECTION 1: STATEMENT'OF INTENT AND FACT - There are two distinct utility
systems operated by the City of Tamarac,.that system which provides water and sewer
service to customers east of State Road 7, and that system which provides water and
sewer service to customers west of State Road 7. Each system maintains separate
rates and charges. However, it is the intent of the City of Tamarac that whenever
possible, general regulations shall apply to both systems. Accordingly, except
where specifically designated otherwise in this ordinance, all regulations set forth
herein shall apply to both systems.
ARTICLE I - GENERAL REGULATIONS
SECTION 2: DEFINITIONS - The following terms and phrases when used herein
shall have the meaning ascribed to them in this section, except where the context
clearly indicates a different meaning. Words used in the present tense shall include
the future, and the singular number includes the plural, and the plural the singular.
2.0 'City" = City of Tamarac,a municipal corporation of the State of Florida.
2.1 "Consumer" - Any person, firm, association, corporation, governmental
agency or similar organization supplied with sewer service or water service or both
by the City.
2.2 "Service" - shall be construed to include, in addition to all water or
sewer service,or both required by the Consumer, the readiness and ability on the
part of the City to furnish water or sewer service or both to the Consumer.
2.3 "Consumer's Installation" - All pipes, fixtures, appliances and apparatus
of any kind and nature used in connection with or forming a part of an installation
for utilizing water or sewage for any purpose, located on the Consumer's side of
"Point of Delivery", whether such installation, is owned outright by Consumer, under
lease or otherwise.
2.4 "Point of Delivery"- It shall be at the main line connection in ease-
ments or property line of the street side.
2.5 "Main" - Shall refer to a pipe, conduit or other facility installed to
convey water or sewer service from individual laterals or to other Mains.
1 2.6 "Service or Lateral Lines" - the pipes of the City that connect at the
2 property line to the Consumers lines.
3 2.7 "Rate Schedule" - Shall refer to rate or charge for the particular
4 classification of service.
2.8 "East Utility" - That water and sewer system owned by the City of
6 Tamarac serving Consumers east of State Road 7.
7 2.9 "West Utility" - That water and sewer system owned by the City of
8 Tamarac serving Consumers west_of State Road 7.
9 2.10 "City Engineer" - The City Engineer, Director of Utilities or their
10 authorized representative.
11 2.11 "May" is permissive.
12 2.12 "Sliall" is mandatory.
13 2.13 "Day" - is working day unless specified as calendar day in the
14 regulations.
15 SECTION 3: GENERAL - In the absence of specific written agreement to the
16 contrary entered into prior to the effective date of this ordinance, these regulat-
'7 ions apply without modification or change to each and every Consumer to whom the
.t City renders service.
19 SECTION 4: SERVICE - To obtain service, application shall be made at the
20 City in the place or places designated by the City Manager or his authorized
21 representative. Applications shall be accepted by the City with the understanding
22 that there shall be no obligation on the part of the City to render service other
23 than that which is then available from its existing water production and distribution
24 equipment and service linesand from its existing sewage treatment collection,
25 transmission and treatment facilities.
26 The applicant shall furnish to the City the correct name and street address,
27 at which service is to be rendered.
28 SECTION 5: SIGNED APPLICATION NECESSARY - Service shall be furnished only
29 upon signed application or agreement accepted by the City and the conditions of such
application or agreement shall be binding upon the Consumer as well as upon the City.
31 SECTION 6: APPL LCATLONS BY AGENTS - Applications for service requested by
32 firms, partnerships, associations, corporations and others, shall be tendered only
33 by duly authorized parties. When service is rendered under agreement or agreements
34 entered into between the City and an agent of the principal, the use of such service
35 by the principal shall constitute full and complete ratification by the principal of
36 the agreement or agreements entered into between the City and an agent of the
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I principal and under which such service is rendered.
SECTION 7: WITHHOLDING SERVICE - The City may withhold or discontinue
service rendered under application made by any member or agent,of a family, household
organization or business unless all prior indebtedness to the City of such family,
household, organization or business for service has been settled in full.
SECTION 8: LIMITATION OF USE - Service purchased from the City shall be
used by the Consumer only for the purposes specified in the application for service
and shall be for the Consumer'_s own use. The Consumer shall not sell or otherwise
dispose of such water service supplied by the City. Water service furnished to
the Consumer shall be rendered directly to the Consumer through City's individual
meter and shall not be remetered by the Consumer for the purpose of selling or
otherwise disposing of water service to lessees, tenants, or others and under no
circumstances shall the Consumer or Consumer's agent or any other individual,
association or corporation install meters for the purpose of so remetering said
water service.
In no case shall a Consumer, except with the written consent of the City
extend his water or sewer lines across a street, alley, lane, court, property line,
avenue or other way, in order to furnish water or sewer service for adjacent
property through one meter,, even though such adjacent property is owned by him.
Sewer service shall be received directly from the Consumer into the City's
main sewer lines.
In case of any unauthorized extension, remetering, sale or disposition of
service and in addition to criminal sanctions, Consumer's water and sewer service
is subject to discontinuance until such unauthorized extension, remetering, sale or
disposition is discontinued and full payment is made of bills for water and sewer
service, calculated on proper classification and rate schedules and reimbursement
in full made to the City for all extra expenses incurred for clerical work, testing,
attorney's fees, court costs and inspections.
SECTION 9: CONTINUITY OF SERVICE - The City will at all times use
reasonable diligence to provide continuous service and having used reasonable
diligence, shall not be liable to the Consumer for failure or interruption of
continuous service. The City shall not be liable for any act or omission caused
directly or indirectly by strikes, labor troubles, accident, litigations, breakdowns.
shutdowns for repairs, or adjustments, acts of sabotage, enemies of the United
States, wars, United States, state, or other governmental interference, acts of God
or other causes beyond its control.
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SECTION 10: TYPE AND MAINTENANCE - The Consumer's pipes, apparatus and
equipment shall be selected, installed, used and maintained by Consumer in accord-
ance with standard practice, conforming with the Rules and Regulations of the City
and in full compliance with all laws and governmental regulations applicable to same.
Irrespective of the physical location of the meter, and except as set forth in the
following paragraph, the Consumer shall keep all pipes, valves, plumbing and
fixtures in repair and promptly arrange for the stoppage of all leaks on Consumer's
installation and the City shall not be responsible for their maintenance and
operation. The Consumer shall not utilitze any appliance or device which is not
properly constructed, controlled and protected, or which may adversely affect water
or sewer service; and the City reserves the right to immediately discontinue or
withhold service to or through any such apparatus or device.
When there are leaks in water or sewer lines on private property which, in
the discretion of the City Manager or his designated representative, necessitate
emergency repairs, the repairs may be made by the City at the cost of the property
owner.Repairs shall be limited to water and sewer lines and the City shall not be
responsible for lawns or vegetation. The Consumer shall be billed by the City for
the actual cost of repair plus reasonable administrative costs. Failure to make
payment within thirty (30) days of the date of billing shall entitle the City to
place in the Public Records of Broward County a lien on the property in the amount
billed. Said lien may be forclosed by the City in the same manner as provided in
the Mechanics Lien Law of the State of Florida.
SECTION 11: CHANGE OF CONSUMER'S INSTALLATION - No changes or increases in
Consumer's installation, which will materially affect the proper operation of the
pipes, mains, or stations of the City shall be made without written consent of the
City. The Consumer will be liable for any change resulting from a violation of this
provision.
SECTION 12: INSPECTION OF CONSUMER'S INSTALLATION - City reserves the right
to inspect Consumer's installation prior to rendering service and from time to time
thereafter, but assumes no responsibility whatsoever for any portion thereof.
SECTION 13: PROTECTION OF CITY'S PROPERTY - The Consumer shall properly
protect the City's property on the Consumer's premises and shall permit no one but
the City's employees, agents or persons"authorized by law, to have access to the
City's pipes and apparatus.
In the event of any loss or damage to property of the City caused by or arisin
out of carelessness, neglect or misuse of the Consumer, the cost of making good such
loss or repairing such damage shall be paid by the Consumer.
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SECTION 14: ACCESS TO PREMISES - As a condition to providing
service, the duly authorized agents of the City shall have access at all reasonable
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hours to the premises of the Consumer for the purpose of installing, maintaining
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and inspecting or removing City's property, reading meters, and other purposes
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incident to performance under or termination of any agreement with the Consumer,
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and in such performance shall not be liable for trespass.
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SECTION 15: BILLING - Bills shall be due when rendered (date of billing
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shown on bill).
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Bills shall be mailed to the address shown on the application for service
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and non receipt of bills by Consumer shall not release or diminish obligation of
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Consumer with respect to payment thereof.
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The Council shall determines the frequency of rendering bills.
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SECTION 16: PAYMENT OF WATER AND SEWER SERVICE BILLS CONCURRENTLY -
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When both water and sewer service are provided by the City, payment of any water
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service bill rendered by the City to a water service Consumer shall not be
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accepted by the City without the simultaneous or concurrent payment of any sewer
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service bill rendered by the City, and payment for sewer service will not be
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accepted without the concurrent or simultaneous payment of any outstanding water
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service bill. If the charges for water service are not so paid, the City may in
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addition to other remedies, discontinue both sewer service and water service to
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the Consumer's premises for nonpayment of the sewer service charge. The City
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shall not re-establish or reconnect sewer service and water service or either
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of such services until such time as all sewer service charges and water service
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charges and all other expenses or charges established or provided for by these
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rules and regulations are paid. No partial payment of any bill rendered will
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be accepted by City, except by written agreement with City. The City Manager
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is authorized to determine from whom, if anyone, partial or time payments will
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be accepted. Partial or time payments may be permitted after the City Manager or
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his authorized representative is provided with evidence of intent to make all
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outstanding payments in a form and within a time period satisfactory to the
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City Manager or his authorized representative.
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SECTION 17: TERMINATION OF SERVICE BY CITY - The City may refuse to serve
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an applicant if, in the best judgment of the City, it does not have adequate
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facilities or supplies to render the service applied for, or if the service is of
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a character that is likely to affect unfavorably service to other consumers.
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As applicable, the City may refuse, or discontinue service or remove the
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meter under the following conditions and any other spelled out in the regulations
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provided that, unless otherwise stated, the Consumer shall be given notice and
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allowed a reasonable time to comply with any rule or remedy any deficiency:
1. For non-compliance with or violation of any State or municipal law or
regulation governing utility service.
2. For failure or refusal of the Consumer to correct any deficiencies or
defects in his piping or equipment which are reported to him by the City.
3. For the use of utility service for any other property or purpose other
than that described in the application:
4. For failure or refusal to provide adequate space for the meter or
service equipment of the City.
5. For failure or refusal to provide the City with a deposit to insure
payment of bills in accordance with the utility's regulation.
6. For neglect or refusal to provide reasonable access to the City for the
purpose of reading meters or inspection and maintenance of equipment owned
by the City.
7. Without notice in the event of a condition known to the City to be
hazardous.
8. Without notice in the event of tampering with regulators, valves,
piping, meter or other facilities furnished and owned by the City.
9. Without notice in the event of unauthorized or fraudulent use of service
Whenever service is discontinued for fruadulent use of such service, the
City, before restoring service, may require the Consumer to make at his own expense
all changes in piping or equipment necessary to eliminate illegal use and to pay
an amount reasonably estimated as the deficiency in revenue resulting from such
fraudulent use.
SECTION 18: TERMINATION OF SERVICE AT CONSUMERS REQUEST
If service is terminated at Consumer's request and resumed at the same
address to the same Consumer, firm, or related Consumer or firm within a twelve
month period with no intervening Consumers, the service availability charge for
the period of service termination will be collected as a condition precendent to
restoration to service.
SECTION 19: DISCONTINUANCE OF SERVICE AND DISCONNECTION OF PREMISES FROM
SYSTEM AFTER THIRTY DAYS; DISCONNECTION CHARGE
If the service bill or other charge is not paid, within fourteen (14)
calendar days after the date rendered, the City will mail a notice to the party
posting the deposit. The notice will inform the Consumer that if payment is not
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received within thirty (30) days from the original due date of payment service
shall be discontinued and the premises of such delinquent Consumer shall be
disconnected from the system of the City.
Any Consumer contesting his bill is entitled and has a right to a hearing
before an employee of the City with authority to waive or modify charges imposed
by the City in the event of overcharging or charging for services not rendered.
The City Manager or his designated representative is authorized to meet with any
Consumer contesting his bill and Wfve or modify charges imposed by the City in the
event of overcharging or charging for services not rendered.
If any bill is not paid within thirty (30) days from the original due date
of payment, the service shall be discontinued and the premises of such delinquent
Consumer shall be disconnected from the system of the City immediately upon the
expiration of said thirty (30) days.
If service is disconnected pursuant to this section, a disconnecting charge
shall be made by the City. Such charge shall be debited against the deposit that
the Consumer maintains with the City.
All monies owed the City for service shall be deemed liens on the property,
which liens may be filed in the official records of Broward County, and forclosed
in the same manner provided in the mechanics lien law of the State of Florida.
SECTION 20: PREREQUISITES TO RESUMPTION OF SERVICE.
After termination of service pursuant to these regulations such service
shall not be resumed to the same premises until the Consumer reimburses the City
for all service charges together with any and all special expenses (such as for
special trips, inspections, additional clerical expenses', meter installation fees,
etc.) incurred by the City on account of the Consumer's violation of the contract
for service or of the City's rules and regulations in accordance with the rate
schedule of the City in effect at the time such expenses are incurred.
SECTION 21: EVIDENCE OF CONSUMPTION - The initiation or continuation or
resumption of water service to a premises shall constitute the initiation, con-
tinuation, or resumption of sanitary sewer service to the premises connected to the
sanitary sewer system of the City regardless of occupancy.
SECTION 22: CHANGE OF OCCUPANCY - When change of occupancy takes place on
any premises supplied by the City with service, WRITTEN NOTICE thereof shall be
given at the City not less than three (3) days prior to the date of change by the
outgoing Consumer, who will be held responsible for all service used on such
premises until such written notice is so received and the City has had reasonable
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time to discontinue water service. However, if such written notice has not been
received, the application of a succeeding occupant for service will automatically
terminate the prior account. Consumer's deposit may be transferred from one
service location to another, if both locations are supplied by the City Consumer's
deposit may NOT be transferred from one name to another.
For the convenience of its Consumers, the City will accept telephone orders
to discontinue or transfer water service and will use all reasonable diligence in
the execution thereof. However, oral orders or advice cannot be deemed binding or
be considered formal notification to the City.
SECTION 23: UNAUTHORIZED CONNECTIONS - Connections to the City's water
and sewer system for any purpose whatsoever shall be made only as authorized by
the City. In addition to possible criminal sanctions, unauthorized connections
render the service subject to immediate discontinuance without notice, and service
shall not be restored until such unauthorized connections have been removed and
unless settlement is made in full for all service estimated by the City to have
been used by reason of such unauthorized connection.
Any unauthorized connection or any Consumer who tampers with a meter,
sealed by the City, or who shall tamper with any service locking device, or who
shall by-pass any meter or "jump" or reconnect service where a meter has been
removed shall be subject to a charge of not less than $50.00 to cover the costs
of investigation, legal action, or further protection of City's product or
property.
SECTION 24: METERS - Each Consumer of the City receiving water shall have
a water meter which measures flow and which is the ultimate basis for water
charges. All water meters shall be furnished by, installed by and remain the
property of .the City and shall be accessible to and subject to its control. Meters
are not transferrable to another residence or business site. The'Consumer shall
provide meter space to the City at a suitable and readily accessible location
and when the City considers it advisable, within the premises to be served,
adequate and proper space for the installation of meters and other similar devices.
Before a meter is installed, all meter installation fees and contribution
charges shall have been paid. The rate to be paid is the amount in effect when the
meters are installed.
Consumers may have separate meters for irrigation purposes.
SECTION 25: ALL WATER THROUGH METER - That portion of the Consumer's
installation for water service shall be arranged so that all water service shall
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pass through the meter. No person shall make or cause to be made any connection
with any main, service pipe, or other pipes, appliances or appurtenance used for
or in connection wtih the City water system in such manner as to cause to be
supplied water from such plant to any faucet or other outlet whatsoever without
such water passing through a meter provided by the City and used for measuring
and registering the quantity of water passing through the same, or make or cause
to be made, without the consent of the City, any connection with any such plant
or any main, pipe, service pipe or other instrument or appliance connected with
such plant in such manner as to take or use, without the consent of the City,
any water.
SECTION 26: METER TESTING - The City reserves the right to remove the
meter and check, repair, or replace it at any time at no cost to the Consumer, and
shall have a meter repair program to do this work. Should a Consumer desire his
meter to be further checked at any time, he may have this work done by submitting
a written request accompanied by a deposit in accordance with the rate schedules
of the City in effect at the time if such testing. Should the meter be tested
and found to be registering over two (2%) percent more water than is actually
used, the last three month's service bill will be adjusted accordingly, the meter
will be repaired or replaced, and the deposit returned. In any other case, the
deposit shall be retained by the City.
SECTION 27: DAMAGING, TAMPERING WITH, ETC., FACILITIES OF UTILITY PLANT
OR SYSTEM
No person shall damage or knowingly cause to be damaged any water meter
or water or sewer pipe or fittings connected with or belonging to a City water or
sewer system or tamper or meddle with any meter or other appliance or any part of
such system in such manner as to cause loss or damage to the City; prevent any
meter installed for registering water from registering the quantity which otherwise
would pass through the same; alter the index or break the seal of any such meter;
in any way hinder or interfere with the proper action of just registration of any
such meter; fraudulently use, waste or suffer the waste of water passing through
any such meter, pipe or fitting, or other appliance or appurtenance connected with
or belonging to such system after such meter, pipe fitting, appliance or appurtenance
has been tampered with, injured or altered
SECTION 28: PRIMA FACIE EVIDENCE OF VIOLATION OF SECTION 27.
The existence of any connection, wire, conductor, meter alteration or any
device whatsoever which offsets the diversion of water without the same being
measured or registered by or on a meter installed for that purpose by the City or
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the use or waste of water furnished by the City without its being measured or
registered on a meter provided therefor by the City, shall be prima facie evidence
of intent to violate and of the violation of Section 27 above by the person
using or receiving the direct benefits from the use of the water passing through
such connection, device or altered meter, or being used without being measured
or registered on a meter.
SECTION 29: CONSENT OF CITY REQUIRED TO TAP MAINS, ETC.; USE OF WATER
WITHOUT CONSENT OF CITY.
No person, without the written consent of the City or any of its officers,
agents or employees, shall tap any pipe or main belonging to a City water or sewer
system for the purpose of taking or using water of the system or from such pipe
or main for connecting to the sewer system, or for any other purpose, or without
the consent of the City, its officers, agents or employees, take or use any water
from a City water or sewer system pipes or mains, or from any hydrant used for the
purpose of taking or drawing water from such pipes or mains.
SECTION 30: PRIVATE FIRE SERVICE CONNECTION.
This connection is to be used for fire purposes only and is to have no
connection whatsoever with any taps that may be used for other than fire purposes,
and because of the danger of pollution, shall have no connection with any other
source of supply with the exception that in the event that a tank or fire pump
is installed as secondary supply. There shall be a backflow preventer installed
by the Consumer at his expense in each City connection to prevent the water from
these secondary supplies running back into the City mains.
The Consumer shall not draw any water whatsoever through this connection
for any purpose except the extinquishing of fires, or for periodic tests of the
fire system, which tests shall be made in the presence of a representative of
the City. Any authorized representative of the City shall have free access to
the building at any reasonable time for the purpose of inspecting any of the
equipment.
The Consumer shall set in this connection at the point -of -delivery, a
weighted check valve fitted with a by-pass on which shall be set a meter, installed
by Consumer at his expense or installed by City at Consumer's expense the purpose
of which shall be to indicate whether or not water is being used through this
connection and for the further purpose of showing any leakage, if same exists.
All meters shall become the property of the City.
Violation by the owner of any of the regulations in this section shall
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justify the City's disconnection of said pipe or pipes, or stoppage of the flow
of water through same.
The right is reserved by the City to shut off the supply at any time in
case of accident, or to make alterations, extensions, connections or repairs
and if possible, the City agrees to give due and ample notice of such shut-off.
The City does not make any guarantee as to a certain pressure in this
pipe or in the main supplying.same, and shall not be, under any circumstances,
held liable for loss or damage to the owner for a deficiency or failure in the
supply of water, whether occasioned by shutting off of water in case of accident
or alteration, extensions, connections or repairs, or for any cause whatsoever.
When fire line valves or connections are used in case of fire or for any
other reason whatsoever, the Consumer shall immediately notify the City and the
City shall forthwith reseal the used valves or connections.
SECTION 31: ADJUSTMENT OF BILLS - When a Consumer has been overcharged
or undercharged as a result of incorrect application of the rate schedule,
incorrect reading of the meter, incorrect connection of the meter, or other
similar reasons, the amount may be credited or billed to the Consumer, as the
case may be. Any credit to the Consumer shall be calculated and credited for a
period not to exceed three months. However there shall be no time limitation with
respect to.undercharges which can be established by the City.
SECTION 32: CONSUMER DEPOSIT - Before rendering service, a deposit
or guarantee satisfactory to the City to secure the payment of bills and any
expense incurred by City is required; and the City shall give the Consumer a
non-negotiable and non -transferable deposit receipt. Such deposits shall bear no
interest and shall remain with the City as long as the Consumer continues to take
service. Deposits made prior to the effective date of this section that were in
conformance with existing regulations need not be increased to meet the requirements
of this section. Deposits shall be made in accordance with the rate schedule of
the City in effect at time of payment.
Upon final settlement of Consumer's account, any unused balance of the
deposit will be refunded. Refund is contingent upon surrender to the City of the
applicable deposit receipt or, when the receipt cannot be produced, upon adequate
identification.
An additional deposit for Consumers with bad payment record or average
usage in excess of deposit may be required by the City Manager or his authorized
representative.
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All deposits shall be kept separate from other funds of the City.
SECTION 33: CUSTOMERS OUTSIDE OF CITY LIMITS.
Customers outside of the corporate limits of the City receiving service
shall, in addition to the rates set, pay a surcharge of no less than twenty-five
(25%) percent of the bill before the addition of the surcharge, or such greater
amount authorized by General Law and established by Resolution of the City Council.
SECTION 34: SEWER CONNECTIONS, WHEN REQUIRED; PROHIBITED CONSTRUCTION,
INSTALLATIONS, ETC_.The owner of the property, or the person in charge of or responsible for
any property, upon which there exists a. building or structure inhabited or used
and located in the City, which property abuts or is within two hundred (200) feet
of a sanitary sewer main, shall connect such building or structure with and use
the services and facilities of the sewer system within eighteen (18) months of
the date such sanitary sewer main is constructed and available to such building
or structure for use.
It shall be unlawful for any person to construct, install or repair septic
tanks or other similar sewerage disposal systems in or upon any property which
abuts or is within two hundred (200) feet of a sanitary sewer main available to
such property for use.
It shall be unlawful for any person to drain, or cause to be drained, any
sewerage into septic tanks or other similar sewerage disposal systems located in
or upon any property which abuts or is within two hundred (200) feet of a
sanitary sewer main available to such property for use after the lapse of
eighteen (18) months from the date such main has become available for use.
SECTION 35: The rates and charges applicable to the West utility shall
be established by Resolution of the City Council after a Public Hearing noticed
in a newspaper of general circulation no less than three (3) days prior to the
Public Hearing. However, the City may establish an initial rate schedule
concurrently with the enactment of this Ordinance and without the necessity of a
Public Hearing thereon.
SECTION 36: The rates and charges applicable to the East utility shall
be established by Resolution of the City Council after a Public Hearing noticed
in a newspaper of general circulation no less than three (3) days prior to the
Public Hearing. However, the City may establish an initial rate schedule con-
currently with the enactment of this Ordinance and without the necessity of a
Public Hearing thereon.
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WASTEWATER DISCHARGE STANDARDS
SECTION 37: DEFINITIONS:
The following terms and phrases when used herein are cumulative
with those definitions in Article I herein; shall have the meaning ascribed
to them in this section, except where the context clearly indicates
a different meaning. Words used in the present tense shall include the
future, and the singular number includes the plural, and the plural
the singular.
37.1 Biochemical oxygen demand (B.O.D.) shall mean the quantity
of oxygen used in the biochemical oxidation of organic matter in a specifed
time, at a specified temperature, and under specified conditions.
"Biochemical oxygen demand" shall also mean or refer to a standard
text for assessing wastewater strength expressed in the demand for
oxygen for a five (5) day period as specified in "Standard Methods for
Examination of Water and Wastewater".
37.2 Constitutents shall mean the particles and conditions which
exist in wastewater.
37.3 Industrial waste shall mean the sewage from industrial
processes, as distinguished from sanitary sewage.
37.4 Person shall mean any individual, firm, company,
association, society, corporation, partnership, group, industrial concern,
municipality, governmental agency, political subdivision, public officer,
or any combination thereof.
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37.5 pH shall mean the reciprocal of the logarithm of the hydrogen
ion concentration. The concentration is the weight of hydrogen ions, in grams,
per liter of solution.
37.6 Pretreatment shall mean the conditioning of a waste at its
source before discharge into the wastewater facilities to remove or neutralize
substances detrimental to the wastewater facilities or effluent quality, or to
effect a partial reduction in the loan of the treatment process.
37.7 Sanitary Sewer shall mean a sewer intended to carry waste
from residences, commercial buildings, industrial plants and institutions,
together with small quantities of ground, storm and surface waters that
are not intentionally admitted.
37.8 Sewer shall mean a pipe or conduit intended to carry
wastewater.
37.9 Storm Sewer shall mean a sewer intended to carry storm and
surface waters, street wash, and other waters or drainage excluding wastes
carried by sanitary sewers.
37.10 Suspended Solids shall mean materials that either float on the
surface or are suspended in water, wastewater or other liquids, most of which are
removabld'.by laboratory filtering. "Suspended solids" shall also mean the
quantity of material removed from wastewater in a laboratory test, as prescribed
in "Standard Methods for Examination of Water and Wastewater" and referred to
as nonfilterable residue.
37.11 Wastewater shall mean the spent water of a community, including
water -carried wastes from residences, commercial buildings, industrial plants and
institutions, as well as groundwater, surface water and storm water.
37.12 Wastewater facilities shall mean the structures, equipment,
and processes required to collect,carry away, and treat domestic and industrial
wastes, and dispose of the effluent.
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SECTION 38: DISCHARGES PROHIBITED
Except as hereinafter provided, no person shall discharge or
cause to be discharged the following into the wastewater facilities:
A. Any water or wastes containing more than two thousand
(2,000) parts per million by weight (2,000 mg per liter) of dissolved solids,
more than six hundred (600) parts per million (600 mg per liter) of chlorides,
or a hydrogen sulphide content of more than five (5) parts per million (5 mg
per liter).
B. Any liquid or vapor having a temperature higher than one
hundred fifty (150) degrees Fahrenheit.
C. Any water or wastes containing fat, oil, grease or any oily
substance, singly or in combination, which exceed an average of one hundred
(100) parts per million.
D. Any waters or wastes having a pH lower than 5.0 or higher
than 9.5, or having any other corrosive property capable of causing damage or
hazard to structures, equipment or personnel of the county.
E. Any gasoline, benzene, naptha, fuel oil or other flammable
or explosive liquid, solid or gas.
F. Any noxious or malodorous gas or substance which, either singly
or by interaction with other wastes, may create a public nuisance or increase
the hazard of entry into sewers for maintenance and repair. Decomposition
products of domestic sewage are excepted herefrom.
G. Any solid or viscous substance which may cause obstruction
to the flow in sewers or interference with the proper operation of any
wastewater facilities of the City or the County.
H. Any waters or wastes containing toxic, poisonous or radioactive
substances in concentrations which may constitute or create
a public nuisance or a hazard to humans or animals, or may interfere with any
wastewater treatment process or any wastewater facilities of the City..or the Coun
I. Any liquids, solids, or gases containing, carrying, or
consisting of the materials or characteristics listed below in amounts which
exceed the maximum allowable values indicated below:
IM
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Material or Characteristic
Maximum
Allowable Value
Arsenic ------------------------------------------------
0.05
mg/l
Boron-------------------------------------------------
1.00
mg/1
Cadmium ----------------------------------------------------
1.00
mg/l
Chromium, total ------------------------------------------
1.00
mg/l
Chromium, hexavalent----------------------------------------
0.50
ppm
Copper-------------------------------------------------
1.00
mg/l
Cyanides/ates-------------------------------------------
0.10
mg/l
Iron------------------------------------------------
10.00
mg/l
Lead-------------------------------------------------
0.10
mg/l
Mercury ------------------------------------------------
0.10
mg/l
Nickel-------------------------------------------------
1.10
mg/l
Phenols-------------------------------------------------
0.20
mg/l
Silver------------------------------------------------
0.10
mg/1
Zinc-------------------------------------------------
2.00
mg/l
BOD5------------------------------------------------
400.00
mg/l
Suspended solids ------------------------------------------
400.00
mg/1'
Toxic Radioactive Isotopes* ------------------------------
0.00
ppm
*Without a special permit
The above maximum allowable values may, from time to
time,
be
revised by federal, state or local regulatory agencies.
J. Any water or waste which, after treatment by the.City,
exceeds federal, state or local quality requirements, unless such
discharge
is
allowed by a current and lawful operating permit.
K. Any storm water or drainage from a yard, roof, basement or
street catchbasin.
SECTION 39: PRETREATMENT
A. All contributors who discharge or cause to be discharged
liquids, gases, or solids as prohibited by these regulations shall be required
to pretreat such waste flow to cause the content or quality thereof to conform
with the limits prescribed herein, and to equalize the waste flow so that no
peak flow may impede operation of the wastewater facilities.
B. All pretreatment units or holding units shall have a capacity
capable to serve its intended purpose, and shall be equipped with outlet control
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facilities adequate to accommodate changing conditions in the waste flow.
C. All pretreatment facilities and apparatus shall continuously
be maintained in safe and effective operating condition by the owner thereof, or
by the waste contributor at the expense of the contributor.
SECTION 40: MEASUREMENTS. TESTS AND ANALYSES
All measurements, tests, and analyses of wastewater and wastes to
which reference is made herein shall be in accordance with the current edition
of "Standard Methods for the Examination of Water and Wastewater," published
jointly by the American Public Health Association, the American Water Works
Association, and the Water Pollution Control Federation, and shall be determined
from suitable samples taken from the nearest downstream manhole in the waste-
water facility to which the source is connected, or from the point of discharge
into the wastewater facilities.
If representative samples cannot be obtained at the nearest down-
stream manhole in the wastewater facility or at the point of discharge into
the wastewater facilities, it shall be the responsibility of the discharger to
provide the City_ an adequate sampling point.
SECTION 41: ACCIDENTAL SPILL
In the event of a spill or loss into the wastewater facilities
of any deleterious material, the person or persons directly or indirectly
responsible therefor shall promptly notify the City Enqineer of the qualitative
nature of the spill, the quantity of the spill, and the time of occurrence.
Notification to the _City Engineer of a spill shall not absolve a
discharger from any liability or penalty for the spill, or for loss incurred as
a result thereof.
SECTION 42: SPECIAL AGREEMENTS
No statement contained in this Article shall be construed as
preventing any special agreement between the City and any person, whereby in-
dustrial waste of unusual strength or character may be accepted by theCity
wastewater facilities for treatment, subject to payment therefor by the con-
tributor of such industrial waste.
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SECTION 43: OVERLOADING, ENDANGERING OR IMPAIRING EFFICIENT OPERATIONS
No person, either for himself or for the use and benefit of another
person, shall construct or connect any sewer which may overload, endanger or
impair the operation of the City wastewater facilities.
f^rl+TT ASO AA _ %AA 1AM PARITnTn11TTR1/` TK1r%11C'TnTrC`
All major contributing industries, as defined by 40 Code of Federal
Regulations 403, shall comply with 40 CFR 403, and with all other regulations as
may from time to time be promulgated by the United States Environmental Protection
Agency.
SECTION 45: VIOLATIONS MOTICE AND HEARING
(a) Upon a showing that any provision of this article has or is being
violated, the City Engineer shall issue written notice to the alleged violator
to cease the violation within fifteen (15) days from the date of the written notice.
The notice shall specify the provision(s) of the ordinance alledged to be violated
and the facts alleged to constitute the violation. The notice shall further state
that in the event the violation is not ceased within fifteen (15) days from the date
of the notice that wastewater services to the premises on or about which the
violation is occurring shall be terminated, unless the violator requests in
writing, of the City Engineer, a hearing regarding the termination of his wastewater
service for, his failure to cease the violation specified in the written notice and
said notice is received by the City Engineer within said fifteen (15) days. The
notice shall be served by return receipt requested certified or registered mail or,
if the alleged violator's present address is unavailable or unkown, by posting a
copy of the notice in a conspicuous place on or about the premises where the
violation originates. If the above-refer.%nced hearing request is not received by
the City Engineer and wastewater services are terminated same shall remain
terminated until the violation is ceased. Upon termination of wastewaster services
to the violating premises, the City Engineer shall notify the Broward County
Health Department and the Broward County Environmental Quality Control Board of the
violation and the termination of wastewater services to the property.
(b) If a request for hearing is received, the City Engineer shall schedule
the hearing to be held within fifteen (15) days of the receipt of the request,
exclusive of weekends and holidays. The violator shall be provided with a notice
of hearing, at least five (5) days prior to hearing, which shall include;
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(1) A statement of the time and place of the hearing.
(2) A reference to the facts and relevant provision(s) of the section
alleged to be violated.
(3) A statement that all hearings shall be conducted, insofar as is
practicable, in accordance with the Florida Rules of Civil Procedure and the
Florida Evidence Code, except as same may be modified at the discretion of the
hearing officer. However, the general nature of the hearing shall be conducted
in an informal manner.
(4) A statement that at the hearing all parties shall have an opportunity
to be represented by counsel, to present evidence and argument on all relevant
issues, to respond, to conduct cross-examination and submit rebuttal evidence, and
to submit proposed findings of facts and orders.
(5) A statement that findings of fact shall be based exclusively on the
evidence presented at the hearing.
(6) A statement that the hearing shall be presided over by a hearing
officer appointed by the City.
Said hearing officer shall be an attorney, admitted to the Florida Bar, who has'
practiced law for a minimum of five (5) years.
(c) The hearing shall be conducted in accordance with the procedures outlined
in subsection (b)(2) through and including (b)(6), above.
(d) The hearing officer shall make findings of fact and may make recommendationE
for the disposition of this case based upon such findings of fact. An appeal from
the decision of the hearing officer shall be as provided by law.
SECTION 46: EMERGENCY ORDERS, NOTICE AND HEARING
(a) In the event of a violation of this article, which in the opinion of the
Cf'ty Engineer,creates an immediate health hazard to the citizens of the City or
threatens to cause irreparable injury or damage to the City wastewater facilities,
the City Engineer shall have the power and authority to order an immediate
cessation of the violation. The City Engineer shall cause said order to be served
by return receipt requested certified or registered mail upon the violator at the
violator's present address; if said address is unavailable or unkown, by posting
a copy of the notice in a conspicuous place on or about the premises where the
violation originates. The order shall specify the provision(s) of this article,
which has or is being violated, and state that the violation should be stopped
immediately
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or wastewater services shall be terminated to the premises on or about which
the violation is occurring. Any person receiving such an emergency order for
cessation of a violation shall immediately comply with said order, and it shall
be unlawful for any person to fail or refuse to comply with the requirements
thereof. If the violation continues after such order has been served or posted,
wastewater services shall be terminated to the premises on or about which the
violation is occurring, and same shall remain terminated until the violation
City
ceases. The/.Engineer shall notify the Broward County Health Department and
the environmental quality control board of the violation and termination of
wastewater services to the property.
(b) Immediately upon the termination of wastewater services to the
City
premises on or about which the violation is occurring, the/Engineer shall issue
a written notice to the violator in accordance with the procedure for service
specified in subsection (a), which notice shall provide that the violator may
City
request of the/Engineer that a hearing be scheduled regarding the alleged
violations contained in the cessation order, if a request Tor rledr. illy 1.3
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received, the/Engineer shall schedule the hearing to be he City thin seventy-two
City
(72) hours from the/Engineer receipt of the request. The/Engineer shall
notify the violator of time and place of hearing, said notice shall be hand
delivered.to the violator or his agent at least twenty-four (24) hours prior
to the hearing time. The notice shall be as provided for in Section (b)(1)
through and including (b)(6), and the hearing shall be conducted in accordance
with the procedures outlined in Section
and Section (d).
(b)(2) through and including (b)(6),
SECTION 47: PENALTIES
(a) Any person who knowingly fails or refuses to obey or comply with,
or willfully violates, any of the provisions of this article, or any lawful
rule or regulation promulgated hereunder, or any lawful order of the City Enginee
issued pursuant to the provisions of this article, shall, upon conviction of
such offense, be subject to punishment as provided by law. Each day during
which the knowing or willful failure or refusal to comply with this article
continues shall constitute a separate offense.
(b) Any person who violates any of the provisions of this article
shall be liable to the City for all costs and damages incurred by the City
as a proximate result of such violation.
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ARTICLE III
WATER AND SEWER EXTENSION POLICY
SECTION 48: PURPOSE
i
There is hereby established an Extension Policy for the purpose of
creating a uniform method of determining the contribution in aid of construction
to be borne by property owners, builders or developers within the service area of
the east utility and the west utility to defray or partially defray the costs of
on -site water distribution and sewage collection system; the allocable share of
off -site water distribution and sewage.collection system; and allocable shares of
treatment plant costs. The Extension Policy has as its goal, the establishment of
a uniform method of computing or determining such contributions to the end that
all such contributions shall be non discriminatory amongst consumers in the area
and shall be applied as nearly as possible with uniformity to all consumers and
prospective consumers within the present or future service area.
SECTION 49: ON -SITE FACILITIES
Each developer, owner or builder (hereinafter referred to as developer),
shall be responsible for the design, installation, inspection and testing of the
complete water distribution and sewage collection system located in the street
or streets adjoining or within the boundaries of developer's property.
The term "complete water distribution and sewage collection system" as
used herein, shall include all component parts of a water distribution system,
including valves, fittings, laterals, hydrants and all appurtenances as shown upon
the approved design of such water distribution system. The sewage collection
system shall include all collection lines, manholes, force mains, lift or pumping
stations, including the site for same, and all other appurtenances as shown upon
the approved design for the installation of such sewage collection system.
The City's requirement for the installation of oversized lines or
facilities, located on developer's property and designed to provide service for
other properties, shall be the subject of a refunding agreement as set forth
hereafter in this Extension Policy.
SECTION 50: OFF -SITE AND OVERSIZED WATER DISTRIBUTION AND SEWAGE COLLECTION
SYSTEM - HYDRAULIC SHARE:
This Extension Policy recognizes instances in which a developer may be
required to construct oversized or off -site facilities or both, applicable to
other underdeveloped property in order that such facilities may be constructed,,
to serve developer's property and at the same time be sized in accordance with
City's master plan. All amounts expended by developer, over and above developer's
hydraulic share for oversized or off -site facilities or both, shall be refunded
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1 to developer by subsequent developers in accordance with the terms and conditions
2 of the Developer's Agreement which City shall execute with the developer. The
3 Agreement shall provide for a plan of refund based upon the connection of other
4 properties which will be served by the off -site facilities installed by developer.
As future users connect to facilities paid for by developer, the City shall
6 refund to developer during the first five years after date of execution of his
7 Developer's Agreement providing for such refund, pro rata shares of expense of
8 such facilities, as paid by subsequent users, according to the following formula:
9 1. The City will estimate total capacity of the facilities in gallons:
10 2. The volumetric load of original user will be determined by the City as a
11 percentage of total capacity;
12 3. Subsequent users load will also be determined as a percentage of total
13 capacity.
14 4. Such percentage will be applied to total cost of the off -site or oversized
15 facilities to determine each users' share of costs:
16 5. Subsequent users share of costs will be collected by City and remitted to
77 original applicant within thirty days after collection.
,'a 6. No refund will exceed developers actual cost for off -site or oversized
19 facilities.
20 Reimbursement will only take place during the five years after execution of
21 a Developer's Agreement providing for such reimbursement.
22 City further declares that the charge for developer's hydraulic share of
23 off -site facilities will be applicable to developer's property whether or not
24 the main transmission lines or pumping stations have been previously constructed.
25
Developers may be required to advance all or a portion of the main
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transmission lines and pumping stations in order to provide a physical inter.-
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connection of developer's property with the facilities of City at their then
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present terminus.
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SECTION 51: CONTRIBUTION CHARGES
City declares that it shall require developer to contribute a portion of
31
the cost of plant facilities. Such contributions, by developer, owner or builder,
32
are defined herein as "contribution charges".
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City requires, at the time of site plan approval, an executed developers
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agreement and payment of all water and sewer, or either as applicable, contribution
35
charges. These monies are to be treated as trust funds and may be used only to
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pay for or offset the cost of a portion of capital improvements.. Contribution
charges may not be used to pay for replacement of existing facilities, the cost
of which would necessarily have had to be borne by existing customers of the
system whether or not the party paying the contribution charge had become a part
of the system. The monies are not to be treated as revenue to the--util.ity.
DEFINITION: Equivalent Residential Connection (ERC)
The assumed average daily flow of a single residential unit (350 gallons
per day).
Commercial: All property devoted to industrial, business, educational or
other categories not residential in nature shall be considered to be commercial
uses. The contribution charges to be paid to City for such proposed uses shall
be based upon determining the residential equivalency of such proposed use. The
City Engineer shall estimate the anticipated water consumption on a daily basis
and shall divide such gross daily consumption by a factor of 350 gallons per day.
Such residential equivalency factor shall be multiplied by the contribution
charges then in effect for single family residential use in order to determine
the charges applicable to such proposed commercial use. No commercial use shall
be less than one residential equivalent.
Irrigation Uses: Contribution charges for water service used for the
purpose of ,irrigation shall be based on the size of meter installed in accordance
with the following schedule:
METER SIZE RESIDENTIAL EQUIVALENCY FACTOR
5/ 8" 1
1" 2:5
12" 5
2" 8
Over 2" By Agreement
WATER SERVICE ONLY - SEWER SERVICE ONLY: In any instance where either
water or sewer service alone is furnished without the companion service the
charges shall be as established by the City's rate schedule
SECTION 52: GUARANTEED REVENUES:
For the purpose of defraying the cost of maintaining reserve capacity in
the water and sewer treatment plants, a developer shall pay monthly for
Guaranteed Revenues in an amount equal to the service availability charge for
water and sewer service for each equivalent residential connection in accordance
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with the rate schedule of the City. These Guaranteed Revenue payments shall
commence six months after execution of a Developers Agreement or upon issuance of
a Certificateof'Occupancy for a unit whichever occurs first. A Developers
Agreement must be executed no later than approval of a site plan by City.
Failure to pay the Guaranteed Revenues within fifteen days of its due date
and by the fifteenth day of the month for each month subsequent to the first month
due. City shall send Developers a notice of delinquency by prepaid certified mail
and failure of the Developer.to make the Guaranteed Revenue payment in full
within seven (7) days of the date shown on the notice shall constitute a default
by Developer, and as a consequence of such default, any reserved plant capacity
under a Developers Agreement shall be automatically rescinded and forfeited and any
payments made to reserve such plant capacity shall be applied against the outstandinc
invoices for Guaranteed Revenues and contribution charges paid shall be liquated
damages due the City.
The requirement for the payment of Guaranteed Revenues shall be a
covenant running with the land and shall be a condition precendent to further
service and binding upon the Developer, its successors and assigns or subsequent
owners holding by or through the Developer.
SECTION 53: EASEMEWS AND RIGHTS OF WAY:
As a pre -requisite to the construction of any water distribution or
sewage collection system proposed to be connected to the facilities of City,
developer shall agree to grant to City, such easements or rights of way correspond-
ing with the installation of the proposed facilities. Such grant or conveyance
shall be in form satisfactory to the City Attorney. Such conveyances, when
located on the property of developer, shall be made without cost to City. City
reserves the right to require such easement or right of way to the point at which
the meter is proposed to be installed or at the "point of delivery of service",
being the point at which the facilities of City joins with consumers upon install-
ation. Such easements and rights of way shall be conveyed and accepted upon
completion, approval and acceptance of the work done by developer.
SECTION 54: SYSTEM DESIGN - INDEPENDENT ENGINEERS
City shall recognize the design of water and sewer facilities prepared
by a registered professional engineer regularly engaged in the field of sanitary
engineering, covering the design of developer's on -site water distribution and
sewage collection system. Provided, however, that each such design shall be fully
subject to the approval of City's engineer and shall conform in all respects to
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the criteria of City governing the facilities ultimately to be accepted by City
for ownership, operation and maintenance.
SECTION 55: INSPECTION:
The City shall inspect the installation of all water distribution or
sewage collection facilities installed by developer or developer's contractors,
which facilities are proposed to be transferred to City for ownership, operation
and control. Such inspections are intended to assure that water and sewer lines
or lift stations are installed in accordance with approved designs and are further
consistent with the criteria and specifications governing the kind and quality of
such installation. Representatives of the City may be present at tests of
component parts of water distribution or sewage collection systems for the purpose
of determining that the system, as constructed, conforms to City's criteria for
exfiltration, infiltration, pressure testing, line and grade. Such test shall be
performed by developer or developer's contractor, but only under the direct
supervision of the engineer of record or his authorized inspector. The results
of such testing shall be certified by the engineer of record. The City Engineer
shall be notified at least 24 hours prior to any inspections or testing performed
in accordance with these regulations.
SECTION 56: INSPECTION OF PLUMBER'S HOOK-UP:
It shall be the responsibility of developer or its plumbing contractor
to connect developer's plumbing installation with the sewage collection facilities
of the City. This connection is generally made at "the point of delivery of
service" as defined elsewhere in these regulations City reserves the right to
inspect all such connections to be assured that the same are properly made in
accordance with City's rules governing such connections and that the connections,
as made, are,free from infiltration.
Developer shall be required to notify City of any proposed interconnection
with the facilities of City and connection may be made without the presence of
City's inspector. However, such connection shall remain open until inspected by
City and until notice of the approval of such connection is furnished to developer
in accordance with the practices and procedures of City. Any plumber's connection
covered over without the benefit of inspection shall result in developer being
required to reopen the connection for subsequent inspection at developer's sole
cost and expense.
SECTION 57: TRANSFER OF CONTRIBUTED PROPERTY - BILLS OF SALE:
Each developer who has constructed portions of the water distribution
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and sewage collection system on developer's own property prior to interconnection
with City's existing facilities, shall convey such component parts of water
distribution and sewage collection system to City by bill of sale in form
satisfactory to the City Attorney, together with such evidence as may be required
by City that the water distribution and sewage collection system proposed to be
transferred to City is free of all liens and encumbrances.
Any facilities in the category of "consumer's lines", "plumber's lines"
or "consumer's installation" located on the discharge side of the water meter or
on the consumer's side of the point of delivery of service shall not be transferred
to City and shall remain the property of developer, a subsequent owner -occupant
or their successors and assigns. Such "consumer's lines", "plumber's lines" or
"consumer's installation" shall remain the maintenance responsibility of developer
or subsequent consumers.
City shall not be required to accept title to any component part of the
water distribution or sewage collection system as constructed by developer until
the City Engineer has approved the construction of said lines, accepted the tests
to determine that such construction is in accordance with the criteria established
by City and the City Council has evidenced its acceptance of such lines for City's
ownership, operation and maintenance.
City may refuse connection and deny the commencement of service to any
consumer seeking to be connected to portions of the water distribution and
sewage collection system installed by developer until such time as the provisions
of this paragraph have been fully met by developer or developer's successors
or assigns.
SECTION 58: DEVELOPER AGREEMENTS REQUIRED:
No later than the time of site plan approval by the City Council, the
owner, builder or developer shall be required to execute a "developer's agreement"
running with the land and binding on developer, its successors, assigns and any
other subsequent owner of the land, setting forth such reasonable provisions
governing developer and City responsibility pertaining to the installation of
service facilities; the interconnection of plumber's lines with the facilities of
City; the manner and method of payment of contributions in aid of construction;
standards of construction or specifications; time commitments to "take and use
water and sewer services"; engineering errors and omissions; rules, regulations
and procedures of City; prohibitions against improper use of City's facilities;
Guarantee Revenue provisions; and other matters normally associated with and
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1 contained in Developer Agreements. City may require that developer, in addition
2 to the contribution formulas set forth herein, bear the cost of the preparation of
3 developer agreements by independent counsel or persons qualified to draft and
4 prepare such agreements. Said charge shall not exceed that amount normally to
5 be contemplated for such services. Developer Agreements shall only apply to specific
6 parcels of property and are not assignable or transferable in any manner to any
7 other parcel of property.
8 SECTION 59: EXTENSIONS OUTSIDE INCORPORATED AREA:
9 Owners, builders or developers being potential consumers wherein the
10 subject property lies outside the incorporated area of Tamarac may apply to the
11 Council for the extension of water distribution and sewage collection mains to said
12 property. The City shall not be obligated to provide service outside of its
13 incorporated area but may elect to do so upon terms and conditions similar to
14 those contained in this Extension Policy provided, however, City may require
15 additional contributions in aid of construction.
16 SECTION 60: INTERPRETATION OF ORDINANCE
17 This ordinance shall be liberally construed so as to effectively carry out
_8 the purposes hereof in the interest of the public health, safety and general
19 welfare. This ordinance is not intended, nor shall it be construed, to supersede
20 or conflict.with any statutory provisions, rules or regulations of the State of
21 Florida, but shall be construed as implementing and assisting the enforcement
22 thereof.
23 SECTION 61: Specific authority is hereby granted to codify this ordinance
24 as Chapter 27 of the City Code.
25 SECTION 62: Should any section or provision of this ordinance or any
26 portion hereof or any paragraph, sentence or word be declared by a court or
27 competent jurisdiction to be invalid, such decision shall not affect the validity
28 of the remainder hereof as a whole or any part hereof other than the part declared
29 to be invalid.
SECTION 63: All ordinances or parts of ordinances in conflict herewith are
31 repealed to the extent of such conflict. Specifically repealed is Chapter 27 of the
32 City Code which set forth certain water and sewer regulations.
33 SECTION 64: This ordinance shall become effective immediately upon its
34 final passage.
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PASSED FIRST READING this _' day of 1980.
PASSED SECOND READING this / �day of 1980.
ATTEST:
wll
ME`r am"dl
I HEREBY CERTIFY that I have approved
the form and correctness of this ORDINANCE
CITY ATTORNEY
IM-42
MAYOR:
DISTRICT
DISTRICT
DISTRICT
DISTRICT
1
AYOR-
ocrnan nF rOUNCIL VOTE