Loading...
HomeMy WebLinkAbout1993-3610/28 /93(201. ORDINANCE 93- 36 AN ORDINANCE OF INDIAN RIVER COUNTY, FLORIDA AMENDING CHAPTER 201 OF THE INDIAN RIVER COUNTY CODE BY THE TRANSFER OF THE REMAINDER OF CHAPTER 24 - UTILITIES INDIAN RIVER COUNTY CODE (1974 EDITION) TO CHAPTER 201 (1990 EDITION) . WHEREAS, Indian River County is in the process of transition from the 1974 edition of the Code of Ordinances to the 1990 edition of the Code of Ordinances; and WHEREAS, this change is editorial in nature and is part of the transition process, NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, that: SECTION 1. AMENDMENT . The remainder of Chapter 24 is transferred to Chapter 201 as set forth in Appendix A to this ordinance. SECTION 2. REPEAL. Chapter 24 - Utilities of the 1974 edition of the code is repealed and Special Act 59-1380 is placed in the Special Act Appendix. SECTION 3. SEVERABILITY. If any section, or if any sentence, paragraph, phrase, or word of this ordinance is for any reason held to be unconstitutional, in- operative, or void, such holding shall not affect the remaining portions of this ordinance, and it shall be construed to have been the legislative intent to pass the ordinance without such unconstitutional, invalid or This ordinance shall become effective upon becoming law. Approved and adopted by the Board of County Commissioners of Indian River County, Florida, on this 14 day of n P c P m h e r 19930 This ordinance was advertised in the Vero Beach Press -Journal on the 19 day of November, 1993, for a public hearing to be held on the 14 day of December 1993 , at which time it was moved for adoption by Commissioner Eggert seconded by Commissioner M a c h t and adopted by the following vote inoperative part. SECTION 4. EFFECTIVE DATE. This ordinance shall become effective upon becoming law. Approved and adopted by the Board of County Commissioners of Indian River County, Florida, on this 14 day of n P c P m h e r 19930 This ordinance was advertised in the Vero Beach Press -Journal on the 19 day of November, 1993, for a public hearing to be held on the 14 day of December 1993 , at which time it was moved for adoption by Commissioner Eggert seconded by Commissioner M a c h t and adopted by the following vote ORDINANCE NO. 93-36 Chairman Richard N. Bird Absent Vice Chairman John W. Tippin A y e Commissioner Fran B. Adams Aye Commissioner Carolyn K. Eggert Aye Commissioner Kenneth R. Macht A y e BOARD OF COUNTY COMMISSION . INDIAN RIVER COUNTY.; FLORIDA '., kg 0 .;f By CA A kAj Richard N. Bird - 4 AAA, Chairman i t . Attest By._ �,. lerAAA A 11 �:EC�)ARTv.' JERK i3? Acknowledgement by the Department of :State 0 the StatoGW Florida, this 6th day of January , Aa Ne r 1`994 . ,,: Effective date: Acknowledgement from the Department } of State received on this 10th day of January 1994,,, .at .0 :00 a.m/pXxi. and filed in the Office of the Clerk of the Board of County Commissioners of Indian River County, Florida. �. 10/28/93(201A_ (DRD)Ow APPENDIX "A" 1. A new Section 201.08.1 is added to read as follows (a) County division of utility services. Effective for all bills issued after January 1, 1987, there shall be charged by the county division of utility services, a "fee -in- lieu -of4ranchise" fee in the amount of six (6) per cent of the gross revenue derived from the sale of water and sewer services. This fee shall be shown as a separate line item on customer bills, as if the county division of utility services were a private corporation. The funds, so derived, shall be remitted monthly by the division of utility services to the county to be used for any lawful purpose. (b) City of Vero Beach water, sewer, and electric services. Effective for all bills issued after March 1, 1987, those customers who reside in the unincorporated areas of the county and who receive water, sewer, and/or electric services from the City of Vero Beach will be charged, after adoption by the county and acceptance by the city, a six (6) per cent -in -lieu -of -franchise fee, based on the gross revenues derived by the city from the sale of water, sewer, and/or electric services. Said charge (fee) shall be shown on customer bills, as a separate line item, as if they were customers of a private utility corporation. The funds, so derived, shall be remitted monthly by the city to the county. Indian River County agrees to hold the city of Vero Beach harmless from any claims relating to payments made by the city to the county pursuant to this section. 2* A new Part II is added to read as follows Part II . Regulation of Franchises . Section 201.08.1 Fee -in -lieu -of -franchise fee. (a) County division of utility services. Effective for all bills issued after January 1, 1987, there shall be charged by the county division of utility services, a "fee -in- lieu -of4ranchise" fee in the amount of six (6) per cent of the gross revenue derived from the sale of water and sewer services. This fee shall be shown as a separate line item on customer bills, as if the county division of utility services were a private corporation. The funds, so derived, shall be remitted monthly by the division of utility services to the county to be used for any lawful purpose. (b) City of Vero Beach water, sewer, and electric services. Effective for all bills issued after March 1, 1987, those customers who reside in the unincorporated areas of the county and who receive water, sewer, and/or electric services from the City of Vero Beach will be charged, after adoption by the county and acceptance by the city, a six (6) per cent -in -lieu -of -franchise fee, based on the gross revenues derived by the city from the sale of water, sewer, and/or electric services. Said charge (fee) shall be shown on customer bills, as a separate line item, as if they were customers of a private utility corporation. The funds, so derived, shall be remitted monthly by the city to the county. Indian River County agrees to hold the city of Vero Beach harmless from any claims relating to payments made by the city to the county pursuant to this section. 2* A new Part II is added to read as follows (a) Utility means water or sewer utilities serving subdivisions, apartment and housing complexes, condominium, mobile home or trailer parks, industrial complexes, shopping centers and similar systems, serving more than one building. Systems serving motels, parks, hospitals, schools and single commercial or industrial buildings require operation permits and are excluded from franchises. "Utility" includes wells, pumps, tanks, treatment facilities, distribution systems, water meters, disposal facilities, force mains, pump stations, collection systems, service lines and pipes, real estate and easements necessary to such systems and includes every person, corporation, lessee, trustee or receiver owning, operating, managing or controlling a utility system or proposing construction of a system or who is providing or proposes to provide water or sewer service to the public . (Underlined words are added) Part II . Regulation of Franchises . (a) Utility means water or sewer utilities serving subdivisions, apartment and housing complexes, condominium, mobile home or trailer parks, industrial complexes, shopping centers and similar systems, serving more than one building. Systems serving motels, parks, hospitals, schools and single commercial or industrial buildings require operation permits and are excluded from franchises. "Utility" includes wells, pumps, tanks, treatment facilities, distribution systems, water meters, disposal facilities, force mains, pump stations, collection systems, service lines and pipes, real estate and easements necessary to such systems and includes every person, corporation, lessee, trustee or receiver owning, operating, managing or controlling a utility system or proposing construction of a system or who is providing or proposes to provide water or sewer service to the public . (Underlined words are added) Section 201.50. Definitions. (a) Utility means water or sewer utilities serving subdivisions, apartment and housing complexes, condominium, mobile home or trailer parks, industrial complexes, shopping centers and similar systems, serving more than one building. Systems serving motels, parks, hospitals, schools and single commercial or industrial buildings require operation permits and are excluded from franchises. "Utility" includes wells, pumps, tanks, treatment facilities, distribution systems, water meters, disposal facilities, force mains, pump stations, collection systems, service lines and pipes, real estate and easements necessary to such systems and includes every person, corporation, lessee, trustee or receiver owning, operating, managing or controlling a utility system or proposing construction of a system or who is providing or proposes to provide water or sewer service to the public . (Underlined words are added) Each utility shall obtain a utility permit from the department authorizing it to provide service. The board may establish by resolution, fees to be charged for the issuing of permits. No utility permit may be issued by the department unless the applicant has received a franchise from the board. A utility cannot operate or provide service in the area described in Section 201.33 of this chapter without a permit. The utility department may issue permits not exceeding eighteen (18) months in duration for temporary systems which have not been issued a county franchise if the services are for specific buildings that have made arrangements to receive permanent service from the county system within the eighteen -month period and the service offered is not generally available to the public. Section 201.51. Permit required. Section 201.52. Each utility shall obtain a utility permit from the department authorizing it to provide service. The board may establish by resolution, fees to be charged for the issuing of permits. No utility permit may be issued by the department unless the applicant has received a franchise from the board. A utility cannot operate or provide service in the area described in Section 201.33 of this chapter without a permit. The utility department may issue permits not exceeding eighteen (18) months in duration for temporary systems which have not been issued a county franchise if the services are for specific buildings that have made arrangements to receive permanent service from the county system within the eighteen -month period and the service offered is not generally available to the public. (a) It shall be a condition of any franchise issued in the future by the board of county commissioners to any water and/or sewer utility that, if and when a county -owned water and/or sewer system is available, that the utility connect its system to the county system regardless of the means by which it has been providing water and/or sewer services to its customers. This connection shall be at the standard county rates, fees and charges, including impact fees, with regard to the fact that the utility or owners or both may have constructed and paid for, or are paying for, an alternative water and sewer system, even one in good operating condition. (b) Where consistent with law, existing utilities with franchises issued by Indian River County which require the connection under certain conditions are authorized by this section to pay the requisite fee, charges and rates, including impact fees, over time as specified by the county in its financing plan for the expansion of the county utilities system. Section 201.53. Special Acts . Special Acts Chapter 59-1380 - "Utility Act of Indian River County" may be applied to the regulation of franchises and is set forth in the Appendix of Special Acts to this code. (Underlined words are added) Section 201.52. Utilities required to connect to county utility systems . (a) It shall be a condition of any franchise issued in the future by the board of county commissioners to any water and/or sewer utility that, if and when a county -owned water and/or sewer system is available, that the utility connect its system to the county system regardless of the means by which it has been providing water and/or sewer services to its customers. This connection shall be at the standard county rates, fees and charges, including impact fees, with regard to the fact that the utility or owners or both may have constructed and paid for, or are paying for, an alternative water and sewer system, even one in good operating condition. (b) Where consistent with law, existing utilities with franchises issued by Indian River County which require the connection under certain conditions are authorized by this section to pay the requisite fee, charges and rates, including impact fees, over time as specified by the county in its financing plan for the expansion of the county utilities system. Section 201.53. Special Acts . Special Acts Chapter 59-1380 - "Utility Act of Indian River County" may be applied to the regulation of franchises and is set forth in the Appendix of Special Acts to this code. (Underlined words are added)