Loading...
HomeMy WebLinkAbout4/4/1984 (2)Wednesday, April 4, 1984 _ The Board of County Commissioners of Indian River County, Florida, met in Special Session at the County Commission Chambers, 1840 25th Street, Vero Beach, Florida, on Wednesday, April 4, 1984, at 7:00 o'clock P.M. Present were Don C. Scurlock, Jr., Chairman; Patrick B. Lyons, Vice Chairman; Richard N. Bird; and William C. Wodtke, Jr. Absent due to illness was Margaret C. Bowman. Also present were Michael J. Wright, County Administrator; Gary Brandenburg, Attorney to the Board of County Commissioners; Terrance Pinto, Director of Utilities; and Virginia Hargreaves, Deputy Clerk. The.hour of 7:00 o'clock P.M. having passed, the Deputy Clerk read the following Notice with Proof of Publication attached, to -wit: APR 4 1984 BOOK 56 PAGE 616 APR 4 1984 BOOK 56 PACE 617" VERO BEACH PRESS -JOURNAL Published Dally Vero Beach, Indian River County, Florida COUNTY OF INDIAN RIVER: STATE OF FLORIDA Before the undersigned authority personally appeared J. J. Schumann, Jr. who on oath says that he is Business Manager of the Vero Beach Press -Journal, a daily newspaper published at Vero Beach in Indian River County, Florida: that the attached copy of advertisement, being ao in the matter of in the Court, was pub - fished In said newspaper in the issues of 12h ICJ Or �i jn Affiant further says that the said Vero Beach Press -journal is a newspaper published at Vero Beach, in said Indian River County, Florida, and that the said newspaper has heretofore been continuously published in said Indian River County, Florida, each daily and has been entered as second class mail matter at the post office in Vero Beach, in said Indian River Coun- ty, Florida, for a period of one year next preceding the first publication of the attached copy of advertisement: and affiant further says that he has neither paid nor promised any person, firm or corporation any discount, rebate. commission or refund for the purpose of securing this advertisement for publication in the said newspaper. c ¢� Sworn to and subscri d remis day of `� r � A.D. 19. a ( iness Manager} (Clerk of the Circuit Court, 1 n River County, Florida) (SEAL) r�,n,.,, 2 NOTICE OF i WENT TO�CONSIDERN COUNTY ORDINANCE The Board of County Commissioners of Indian River County will conduct a public hearing on April 4, 1984, at 7:00 P.M. in the Commission Chambers at the County Administration Building, 1840 25th Street, Vero Beach, Florida, to consider adoption of an ordinance entitled: ` AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA, AMENDING SECTION 24.31 THROUGH SECTION 24.67 OF THE CODE OF LAWS AND ORDINANCES OF INDIAN RIVER COUNTY, FLORIDA, PROVIDING FOR CONNECTIONS WITH WATERWORKS SYSTEM; CONNECTIONS WITH SEWER REQUIRED; SEWER CONNECTIONS REQUIRE COUNTY WATER; EXCEPTIONS TO CONNECTIONS; CONNECTIONS MAY BE MADE BY COUNTY; RATES AND CHARGES; IMPACT FEE, EXPANSION POLICY; EXTENSION OF WATER AND SEWER SERVICES; OFF-SITE WATER DISTRIBUTION AND SEWAGE COLLECTION SYSTEMS; EXISTING AGREEMENTS; UNIFORM EXTENSION POLICY; UNLAWFUL CONNECTION; UNLAWFUL CONSTRUCTION; CONNECTING OLD PLUMBING; SANITARY REQUIREMENTS; DISPOSAL REQUIREMENTS; STANDARDS FOR INSTALLATION OF SEPTIC TANK; MAINTENANCE OF PLUMBING SYSTEM; PAYMENT OF FEES AND BILLS REQUIRED; COLLECTION OF SEWER FEES WHERE OWNER HAS COUNTY WATER SUPPLY; FAILURE TO MAINTAIN PLUMBING SYSTEM; NO SERVICE FREE; SEPARATE CONNECTIONS FOR EACH SEPARATE UNIT; WATER/SEWER FEES CHARGEABLE TO PROPERTY OWNER — COUNTY MAY BILL TENANT; BILLING CYCLE; WATER CHARGES ON NEW CONSTRUCTION; DISCONTINUANCE OF SERVICE FOR NON-PAYMENT; WATER AND SEWER EQUIPMENT IN EXCLUSIVE CONTROL OF UTILITY DEPARTMENT; PERMIT REQUIRED TO DRAW WATER FROM FIRE HYDRANTS; PROHIBITION AGAINST DAMAGING EQUIPMENT; REQUIRED INSTALLATION OF BACK FLOW PREVENTION DEVICES; POWER AND AUTHORITY OF INSPECTORS; DISCHARGE OF WATER IN SANITARY SEWERS; WATER SHORTAGE EMERGENCIES; WELII AND LAWN SPRINKLER SYSTEMS; PENALTIES; REPEAL OF CONFLICTING PROVISIbNS; INCORPORATION IN CODE; SEVERABILITY; AND EFFECTIVE DATE. CURRENT RATE STRUCTURE WATER Up to 2,000 gallons per month .............................. $9.00 For all usage over 2,000 gallons the charge per 1,000 is equalto............................................................. 2.25 The minimum base rate charge per unit per month 9.00 SEWER Residential I All sewage rates are calculated upon the respective water consumption per unit. Up to 2,000 gallons per month ................................ 9:00 All usage over 2,000 gallons per month; charge per each 1,000 additional gallons (up to 10,000 additional gallons maximum). ............................... . ....................... 2.25 The minimum base rate charge per unit per month is............................................................ 9.00 Commercial i Including schools, public buildings, churches, service stations, retail stores and all nomesidentiol services........................................100 % of water bill. PROPOSED RATE STRUCTURE • WATER SERVICE A. Mmrchly service charges: (boss charges; no consumption allowance) (1) Customer charge; imposed on each water meter in service............................$1.821 meter (2) Base facilities charge; Imposed on each equivalent residential unit re- served ........................................... 5.34 r E.R. U. 8. Consumption charge; imposed far each 1000. gallons passing through mete ............... 1.99,1000 got. C. Water production charge; wrier special agreement with County only .................................. 1.7211000 -got. SEWER A. Monthly sewer charges (base charges; no consumption allowance) (1) Customer charge; imposed on each sewer customer for each wow meter m service........................................... r.84: mater (2) Bose facilities charge; imposed an each sewer customer fm each equivalent residential uret in service .................................1.53, E.R.0 B. Consumption charge; imposed on each 1000 - gallons of wafer passing through water muter. Resider. not customers to be charged far first 12,000 gallons of water cornumtpt,w anty ....................... 2.96,-1000 got. Specific Service charges are also proposed to be changed. A copy of the entire ordi- nance and rate schedule is available in the County Attorney's Office at 1840 25th Street, Suite S-125, Verdi Beach, Florida. If any person decides to appeal any decision mode on the above matters, he/she will need a record of the proceedings, and for such purposes, he/she may need to ensure that a verbatim record.of the proceedings is made, which record includes the -testimony in evidence on which the appeal is based,' Mesh 16, 1984 Marsh 26, 1984 The Chairman called the meeting to order and proceeded _ to give a brief history of the County's utility involvement, explaining that the rate study we were committed to has been completed and we will receive a recommendation from Arthur Young & Company tonight. The Chairman then introduced the members of the Board and staff members to those present. Commissioner Bird wished to add a bit about why we went ,,..�.. with Arthur Young and Company and why this study was done. He noted that the County is fairly new in the utility business, and although we felt the system was running smoothly and that the rates were fairly well in line, we wanted an independent analysis done by someone with the expertise to make a recommendation as to what they felt was a fair and equitable rate structure for all our customers throughout the county and hopefully the new rate structure will reflect this expertise. Chairman Scurlock agreed that was an important point. He emphasized that the reason we established the interim rate in such haste was that FmHA, the agency which loaned us the money to make the improvements to our system at 5%, stated that we would be in default of our bond covenants if we did not bring the rates up to where the system would raise enough revenue to support itself. Realizing that we are not experts in this field, we then hired a professional consultant to review the rate structure. The Chairman then asked Utilities Director Terry Pinto to make his presenta- tion. Utilities Director Pinto felt the Board has covered the issues very well. He noted that the first day he started as Utilities Director with Indian River County was the rate hearing setting the interim rates just discussed. Mr. Pinto continued that he appreciated the opportunity to be able to have a consultant such as Arthur Young come in to do the study. He felt it is important to note that we interviewed 3 A APR 4 i9�4 BOOK 56 Pace 68 APR 4 1984 BOOK 5&1 PAGE M three consultants before deciding on Arthur Young and the only instruction given the consultant was that what we wanted was the most equitable rate for each customer throughout the county. The consultant, therefore, did not focus on anyone in specific or any area in specific, and every type of rate setting methodology throughout the country was given consideration. Director Pinto noted that the County does have some unique situations, however; i.e., we have 5,730 water customers and only 3,266 water meters and 3,006 wastewater customers with 893 meters taking care of those customers. These figures will become significant in relation to consideration of the methodology of charging people on a meter basis. Chairman Scurlock informed those present that the ordinance in the backup packet is not the one we will be discussing; another one has been distributed, and we also have a black book where water and sewer charges are broken down by gallonage for the different areas. George Raftelis of Arthur Young & Company came before the Board to make the presentation. Mr. Raftelis wished to impress on those present that a lot of time and effort has been spent by both the consultants and staff in gathering the data to come up with the most responsive rate structure. Mr. Raftelis then reviewed the cost of service and rate setting study (complete copy of which is on file in Office of the Clerk), explaining that the whole purpose of the study was to determine the cost of providing water and wastewater services to customers served by County operations and to calculate charges to recover the costs of those services based upon appropriate rate setting considerations. He noted that there are many factors that must be taken into consideration to -arrive at an appropriate rate structure, and they include: financial sufficiency equity impact of customer classes 4 M M M APR 494 compliance with legal authorities conservation compliance with appropriate customer contracts understandability simplicity in updating avoidance of discriminatory rate relationships - implementation. Mr. Raftelis explained how the water and sewer costs are identified and broken down between operating costs and capital costs, noting that capital costs are one time construction costs while operating costs cover such recur- ring expenses as cost of electricity, salaries, etc. The next step is to allocate those costs to various charges to recover them. Specific services have been identified, i.e., water service connection, sewer service connection, service call, meter testing, fire protection, etc.; these costs typically are equal to all customers, and charges are recommended for providing just those services. After these costs are removed, it then becomes necessary to recover the rest through the monthly service charges. He went on to explain that in sewer operations and water operations there is a fixed portion and a variable portion. The fixed portion is charged whether you use any water or not. The second kind of costs are availability costs which recover primarily capital costs - i.e., loan payments to FmHA - and he noted that the utility has to pay that charge no matter whether the customers use anything or not. The only difference between,the availability costs and the account costs that are recovered is in the way they are allocated to customers. Account costs (costs for billing, collection, meter reading, etc.) are allocated to each customer equally no matter what size meter or single or multi family unit. The capital costs do vary and what has been developed is a concept of equivalent residential units, referred to as an 'ERU. An ERU represents what an average residential customer is expected to use of water and sewer service. A single 5 BOOK 6 PAGE U2 O F"-.. _. APR 4 1984 BOOK 56 AGE602 residential unit would pay one ERU; larger complexes would have their ERUs scaled. The larger you are the more fixed capital cost you have to pay as a fixed charge through the rates. The concept is the same for the water service charge as for the sewer service charge. Mr. Raftelis discussed the proposed water and wastewater charges as set out on pages 4, 5 and 6: 6 M is r Proposed Water and Wastewater Charges Water r Minimum Charge (Includes No Consumption) ERU Charge.... ..........$5.34/ERU Customer Charge..........................1.84/Meter Volume Charge.................................1.99/1,000 gallons _ Water Production Charge.......................1.72/1,000 gallons Sewer Minimum Charge (Includes No Consumption) ERU Charge...............................1.53/ERU Customer -Charge .. .......................1.84/Meter Volume Charge.................................2.86/1,000 gallons 7 APR 4 1984 BOOK '56 FADE 622 SPECIFIC SERVICE CHARGES Water Service Connection 5/8" deter..• ...................$345.00 1-" Meter............402.00 1 1/2" Meter ... ...........................706.00 Larger than 1 1/2" Meter ............ ......Cost Plus Overhead Sewer Service Connection Residential Unit. ....................... $440.00 �- Commercial and Other.....................Cost Plus Overhead j Meter Installation 5/8" Meter...............................115.00 1" Meter.... .................. ....170.00 1 1/2" Meter .. ............................440.00 211 Meter. .. - - .. o ....................... 550.00 3" Meters and above....................Cost Plus Overhead Fire Hydrant Meter ......................15.00 Reconnect (Turn -on Fee) During Working Hours ......................12.00 After Working Hours .......................21.00 Meter Reread and Leak Inspection...............12.00 t. Delinquency Charge (Late Payment Processing) ... .1.50 Plus 1 1/2p General Service Calls .........................Cost Plus Overhead 4 7 APR 4 1984 BOOK '56 FADE 622 RPR 4 4 BOOK 56 wE623 Meter Calibration (`deter Testing) 5/8" Meter................................15.00 1" Neter................................15.00 1 1/2" Meter...............................Cost Plus Overhead Damage Repair (Repair Water & Sewer Break).... 100.00 Plus Cost Engineering Services Site Plan Review Under 40 units without a liftstation.... 50.00 Minimum Over 40 units or a development with liftstation .........................150.00 Minimum Inspection Fee Residential or Commercial Water..................................20-OO/Per ERU Sewer..................................20.00/Per ERU Hydrant Flow Calibration ...............50.00/Test Annual Fire Protection Charge 2" Meter..................................24.00 3" Meter..................................49.50 4" Meter ......................... .......75.00 6" Meter or Fire Hydrant.................150.00 8" Meter.................................240.00 Impact Fee Water ....................................380.00/ERU Sewer....................................540.00/ERU Other Deposits Residential or Commercial . Water ...................................40.00/Per ERU Sewer...................................40.00/Per ERU Hydrant Meter............................300.00 Charge for Returned Checks .....................10-OO/Per Check Issuing a Duplicate Bill ........................1.00 Water Tapping Charge 3/4" Line................................186.50 1" Line............ ..................186.50 1.1/2" Line.................................205.00 2" Line and Over.......................Cost Plus Overhead 5 8 Sewer Tapping Charge 4" Line..................................Cost Plus Overhead Above 4".... ...........................Cost Plus Overhead Replace Meter 5/8" Meter................................85.00 1" Line................................110.00 1 1/2" Line................................265.00 2" Line and Over.... ............ ....Cost Plus Overhead Removal of Meter 5/8" Meter................................25.00 1" Meter - ..................25.00 1 1/2" Meter................................35.00 Paved Road Cuts .......................... ...175.00 Minimum (Cost Plus Overhead) Road Jacking and Boaring ......................Cost Plus Overhead Installation of Water and/or Sewer ............ Cost Plus Overhead Grass Restoration.............................Cost Plus Overhead Fire Hydrant Meter Installation ................15.00 Unauthorized Use of Fire Hydrants.............100.00 Unspecified Services ..........................Cost Plus Overhead Franchise Application Fee .................... .. .44.00 Minimum* Established Franchise ..................... 956.00 Minimum* Franchise Name Change ....................100.00 Minimum* Franchise Territory Change...............100.00 Minimum* Change of Ownership 49 Units or Less ......................100.00 Minimum* 50 Units or More ......................250.00 Minimum* Rate Hearing 40 Units or Less ......................250.00 Minimum* 50 Units or More ......................500.00 Minimum* Public Hearing.. .......................100.00 Minimum* *Expenses incurred in excess of the minimum will be billed at cost plus overhead. C -j APP 4 1984 9 BOOK 6 FACE694 Fr - APR 4 1984 BOOK 56 PAGE 6095 . Mr. Raftelis noted that the impact fee is a one time charge to new customers, which they would pay as they hook on to the system to pay for the capital costs associated with building of the water and sewer facilities. He then reviewed how a single family home owner would calculate his monthly service charge and also discussed Page 8 showing what the proposed increase would amount to for various gallonages. Pages 7 and 8 are as follows: EXAMPLE OF CALCULATING THE MONTHLY SERVICE CHARGE Assume: Single family home owner with water and sewer service and 5,000 gallons of monthly usage. Water Charge: $1.84 (Customer Charge) + $5.34 (ERU Charge) + 5 x $1.99 (Volume Charge) _ $17.13 Sewer Charge: $1.84 (Customer Charge) + $1.53 (ERU Charge) + 5 x $2.86 (Volume Charge) _ TOTAL CHARGE 10 $17.67 $34.80 ECONOMIC IMPACT OF PROPOSED CHARGES ON WATER AND SEWER CUSTOMERS MONTHLY WATER AND SEWER SERVICE CHARGES COMBINED Multi -Family Residential 4 Units - 0 gallons 72.00 31.14 (40.86) I - 20,000 gallons 153.00 128.14 (24.86) 14 Units - 0 gallons 252.00 99.84 (152.16) - 403,000 gallons 306.00 293.84 (12.16) - 60,000 gallons 396.00 390.84 (5.16) 8 Utilities Director Pinto informed the Board that there is a slight error in both the advertisement and our proposed ordinance, where the customer charge for each water meter in service is shown as $1.82. This should have been $1.84, the same as shown under the sewer charges. Attorney Brandenburg stated that could be corrected. Mr. Raftelis stressed that it is important to look at the rate structure on an annual basis even though it may not be necessary to change it annually. They are hopeful that increased usage will have a beneficial effect on some portion of the charge; however, capital changes do take place, and you must recover those costs. Director Pinto wished to emphasize the fact that sewer will not be billed_on residential metered water consumption above 12,000 gallons, 11 BOOK56 PAGE 626 Current Proposed Charge Consumption Charge Amount Increase Single -Family Residential 0 $ 18.00 $ 10.53 $ (7.47) 2000 18.00 20.23 2.23 6000 36.00 39.63 3.63 8000 45.00 49.33 4.33 12000 63.00 68.73 5.73 Multi -Family Residential 4 Units - 0 gallons 72.00 31.14 (40.86) I - 20,000 gallons 153.00 128.14 (24.86) 14 Units - 0 gallons 252.00 99.84 (152.16) - 403,000 gallons 306.00 293.84 (12.16) - 60,000 gallons 396.00 390.84 (5.16) 8 Utilities Director Pinto informed the Board that there is a slight error in both the advertisement and our proposed ordinance, where the customer charge for each water meter in service is shown as $1.82. This should have been $1.84, the same as shown under the sewer charges. Attorney Brandenburg stated that could be corrected. Mr. Raftelis stressed that it is important to look at the rate structure on an annual basis even though it may not be necessary to change it annually. They are hopeful that increased usage will have a beneficial effect on some portion of the charge; however, capital changes do take place, and you must recover those costs. Director Pinto wished to emphasize the fact that sewer will not be billed_on residential metered water consumption above 12,000 gallons, 11 BOOK56 PAGE 626 AW 4 1984 BOOK 56 PAGE 627 Mr. Raftelis explained the reason for this cap is to deal with the argument that if you water your lawn a lot or wash your car, etc., that water is not being returned to the sewer and, therefore, you should not have to pay a sewer charge on that excess water. Their studies show that if you use over 12,000 gallons per month, chances are that additional water is not being returned to the sewer. Commissioner Wodtke wished to know if the same 12,000 gallon cap applies to multi -family, and Mr. Raftelis stated that it would on a per unit basis (ERU). Chairman Scurlock noted that the question about water used on the lawn and not returned to the sewer has been brought up quite frequently, but because of the difficulty of finding an accurate way to meter sewage, water tradi- tionally is used as the basis for charging for sewer. Mr. Raftelis emphasized that you will never find a rate system that creates perfect equity because this would necessitate having a unique charge for every customer on the system. Therefore, it is important to look at all issues in trying to set the charge, and the irrigation issue is an example of trying to reach equity. Director Pinto noted that this cap does not apply to commercial accounts. Commissioner Lyons reemphasized to those present that what we are trying to do is to recover our costs without being a burden on the ad valorem taxpayer and, at the same time, we are trying to come as near as possible to break even so we do not run an operation that is generating money to go into the tax fund. Chairman Scurlock also stressed that we know the rate we have to have to support the operation, but the main question to be resolved is how to allocate the cost and do it equitably. 12 The Chairman opened the hearing to the public and asked if anyone present wished to be heard. Doyle Vernon of 2324 SW 1st Pl., pointed out that it has been stated that there is no accurate way to measure sewage, but the cap has been set at 12,000 gallons. He did not believe the majority will be using 12,000 gallons of sewage when they are only using an average of 6,000 gallons of water. He further did not believe the same cap is equitable for multi -family such as Vista Royale, and wished to know why the cap couldn't be set lower to be more equitable. Mr. Vernon realized it is hard to provide an ideal rate structure for everyone, but felt there could be some improvement. Mr. Raftelis informed Mr. Vernon that before. establishing a cap, they conducted studies in various counties in Florida similar to Indian River County where they looked at residential consumption during the non -irrigation months, based on the assumption that all water returns to the sewer during those months. They started with a cap of 6,000 gallons and moved up in increments of 1,000 to determine how much consumption would fall below those figures. What they found was that approximately 95% of consumption fell below the 15,000 gallon level, i.e., if the cap was set at 15,000, you would be charging for 95% of the water returned for the sewer. It was felt that was a little high for the Indian River County area; so, they bumped it down 3,000 gallons, and they have concluded that by setting the cap at 12,000 gallons', we are picking up anywhere from 95 to 98% of the water returned to the sewer. Mr. Vernon brought up the example of a home owner on a fixed income who will only use 3,000 or 4,000 gallons a month; they are having to pay for sewer also when in reality they are not using that much because they are watering 13 � APR 41984 BOOK 56 PAGE 6620 APR 4 1984 BOOK 56"PAGE�� lawns, etc. He noted our older citizens on fixed incomes cannot afford this and asked if this had been taken into consideration. Mr. Raftelis pointed out that the problem you would get into if the cap were lowered to 5,000 or 6,000 gallons is that there would be a large percentage of water returned to the sewer that would not be charged for. Chairman Scurlock stressed that this would result in the base charge having to increase, and Mr. Pinto agreed, noting that then the lower income person would be carrying the burden and the person with a little better position who uses a whole lot more water would get off scot free. Chairman Scurlock emphasized that conservation also is an important factor, and serious consideration was given to an inverted rate structure which highly penalizes excessive uses of water. Commissioner Lyons believed the sewer cap for the City of Vero Beach is the same, and staff confirmed that it was. Mr. Vernon stated that he felt that the County Commission has fallen down on the job. They let the developer of Ixora Park, Melvin Tanen, get away scot free. He got a rate increase and didn't do a thing to improve the system; the DER found him in default, but he has never been fined. All Mr. Tanen did was get rid of a lemon by dumping it on the County Commission, and now the Commission is coming back and charging the same old taxpayer again. Mr. Vernon wished to know just how long the County can keep making these mistakes and keep coming back to the citizens. Chairman Scurlock felt it is tremendously interesting that some of the greatest debate we get is in the area where we have to spend the most money and make major improvements to bail them out. He did not feel the Commission is to blame; in fact, quite the opposite. The Chairman emphasized that we pursued every legal recourse we had available 14 against franchise holders such as Tanen and Salter, and we _ have pursued an aggressive policy to put stringent provisions in the new franchises to prevent the franchise holder from letting these systems get into such diffi- culties. Further, when it comes to paying, we do not go to the taxpayer. This utility system is set up as an enterprise fund and is supported by the rate structure; the expenses are the expenses of trying to run an efficient operation to pay the electric bill - the improvements - the mortgage, etc. The County is not in the business to make a profit, or even get a fair rate of return on equity - we just want to see that those who use the service pay for it and not the taxpayer. A certain dollar package must be collected, and he believed the only possible disagreement that can come is in arguing that you can charge this group of people a little more or you could reduce the sewer cap to 6,000 gallons and raise the base charge, etc. That is why we hired a professional to tell us the best way to do it. The Chairman pointed out that one definite benefit the people have now is that they finally have the reliability of the County operating the system. He did not believe that anyone down there can say they have not seen improvement and that it is not improving daily. Mr. Vernon stated that although the water is better, it is still poor, but he realized that this will continue until the County can put in the new lines. Mr. Vernon pointed out that they have had a fourfold increase over the last few years and wished to know how long it will be before they get another increase after this. He wished to know what the County has in the planning stages. Chairman Scurlock informed him of the County's plan to extend lines out Route 60 and explained how monies were collected from developers to accomplish this improvement. 15 BOOK - 56 PAGE 630 APR 4 1994 BOOK 56 ?AcE631 He emphasized, however, that he could not sit here and tell Mr. Vernon that he will never have another increase. Commissioner Bird felt that our philosophy and rate structure both demonstrate that we are not asking the present customer to subsidize future expansion, and Administrator Wright emphasized that neither are we asking them to subsidize problems that we have. Ixora Park will cost us $2600 per unit just to bring them up and that is before we lay the water lines. That is the philosophy of the countywide rate system - everybody supports the problem areas. This year it is Ixora Park, next year it may Treasure Coast or Rockridge, etc. Commissioner Lyons confirmed the Board's feeling that expansion should be financed on its own and not impact existing customers. Mr. Vernon believed if the Commission is looking forward in regard to expansion, they are on the right track. He felt in the past, they did not look very far ahead. He continued that he hoped the County would force those in Ixora Park who have not moved their fences off the easements to do so. so that the new lines can be put in and the people can have the quality water for which they are paying. Virginia Bridwell of 125 20th Ave. S.W., informed the Board that people in Ixora Park are getting paranoid about their increasing expenses. They have been forced to move their fences, and, in fact, she just paid $300 to have her fence moved even though she had obtained a permit to have it erected originally and no one told her it was in the wrong place. She wished to.know just how much more expense she - could expect.. Chairman Scurlock inquired about her average monthly gallonage, and Ms. Bridwell stated that it would be minimum. She was informed that, based on using 2,000 gallons, she would have a $2.23 increase. 16 Ms. Bridwell wished to know how often this rate is going to increase. Chairman Scurlock noted the recommendation is that we look at the rate structure and analyze it annually to determine if revenues are sufficient to meet expenses. He believed with the proposed rate increase, there will be a stabilizing effect with the new development that is coming on line, but emphasized that he cannot do more than guess. Whatever it costs to produce the water must be generated by the customers. Ms. Bridwell continued that she works for families on the beach, whose water bills are very low even though they use a tremendous amount of water to water their lawns. Chairman Scurlock stated that, from his experience with a sprinkler system firm, he knew that some people on the beach pay very large irrigation bills. Ms. Bridwell was not convinced and believed there are a lot of things that should have been taken care of before they got in this situation. She felt someone or some department fell down on the job. Chairman Scurlock pointed out that there was no utility department until two years ago. We were not in a position to address these things back then, and the public did not want a County system at that time. He stressed that you cannot compare City rates with County rates. They built their plants 15 years ago and are working on 1958 capital. If you bought a 1958 Chevy or a 1984 Chevy, there would be a great price differential, and the same holds true for utility systems.. Ms. Bridwell stated that she cannot even afford to water her lawn and wished to know how much more it will cost her when the County digs up the easements and puts in the new lines. 17 BOOK S6 PACE 632 _x APR 41984' BOOK 56 "PAGE 6.33 The Administrator assured her that she did not have to pay for that, and Attorney Brandenburg stated that what Ms. Bridwell is responsible for is moving her fence from where it shouldn't have been in the first place. Thomas Imperato of Tropic Villas North referred to the computer printout that had been handed out and stated that he was confused between the printout and Page 8 of the report which shows that Multi -Family Residential using 20,000 gallons would have a decrease of $24.86. Discussion followed and it was determined that the charges set out on Page 8 for 20,000 gallons under Multi -Family Residential are incorrect; the remaining figures are correct. The rates shown in the printout are correct, and for Tropic Villas Multi -Family using 20,000 gallons, there would be a total increase of $2.14. It was further explained that this increase is for the whole building so that Mr. Imperato's share would only be a fourth, or about 54�. It was also explained to Mr. Imperato that the computer printout he was referring to applied only to his particular group of condominiums. Director Pinto commented that the single family units have a slightly higher increase because they are faced with a meter charge for each unit whereas Mr. Imperato's building has four units on one meter. Mr. Vernon commented that with most utilities you don't have to pay for a general service call unless it results from something that is your fault. Mr. Pinto agreed, and stated that if the call is because of a problem that was caused by the Utility Department and not the customer's fault, they would not be charged for it. Robert Krieger, 2344 1st Pl. S.W., stated that naturally no one likes price increases, but in the last three months he has disconnected his water conditioner and 18 r o � he is getting good water. He is happy with that, but felt for only two people $40.00 is a lot. In discussion, it was confirmed that for 6,000 gallons water and sewer charges would amount to about $36.00. Director Pinto believed the important thing is that he is getting good water and felt a point that hasn't been brought out is that the rate Mr. Tanen was requesting to get his system back to what it should have been was higher than the present rate, and even if that rate had been granted, the people wouldn't have the quality water they have today. He further noted that by not using the water softener, Mr. Krieger's water consumption should drop some. Mr. Imperato brought up the charge of $12.00 to reread a meter, and wished to know what happens if they have a meter read and the County reads it incorrectly. Chairman Scurlock assured him that if it is our fault, the customers won't be charged for it. Albert Cozzolino of 2523 2nd P1. S.W., asked if the meters have ever been checked. They have been there 22 years or more. Administrator Wright informed him that it is to the customer's benefit to have an old meter because the older a meter gets, it either goes slower or stops; it doesn't go faster. Mr. Pinto confirmed that was correct. Mr. Cozzolino wished to know why water is cheaper in inland areas such as Lakeland. Administrator Wright explained that the cost of water production is cheaper because the quality of the water inland is much better than the quality of the water on the coast. Tallahassee, for instance, doesn't even own a water plant. Director Pinto confirmed that in Ocala all they had to do was pump the water out of the ground, chlorinate it, and deliver it. 19 APR 4 1984 Boa 56 P'A'LE 6:34 APR 4 1984 BOOK 56 PAGE6,35; The Chairman determined that no one further wished to be heard. ON MOTION by Commissioner Lyons, SECONDED by Commissioner Bird, the Board unanimously (4-0) closed the public hearing. The Chairman announced that Attorney Brandenburg has two changes to make in the wording of the proposed ordinance. Attorney Brandenburg referred to Page 6, under Rates & Charges, Section 7, A. Base Facilities Charge, and stated that he wished to add some language in the middle of that paragraph, as follows: " For developments which have entered into an agreement with the County for the constructing of the necessary lines to connect the project to the County system, the fee shall commence upon certification by the appropriate governmental authority that the line is ready for use. For all other reservations, the fees shall com- mence at the time of reservation." In other words, a person reserving capacity would pay the base facilities charge unless he entered into an agreement with the County for the construction of a line to get out to his area, and the reason for this is to encourage individuals to come to the county as the developers have done on S.R. 60. Second, if he is reserving capacity, then it will be his responsibility to connect to the county system. Commissioner Bird asked if we are really justified in collecting the base facilities charge before we actually - have a line available. In the following discussion, it was noted that all those who have made reservations are well aware that this policy is retroactive to all who have made reservations; also, they can cancel their reservations if they so desire. 20 Attorney Brandenburg made the point that you want to _ have your plant available for people who need it immediately and who are not hoarding it for speculating. If they want to hold a reservation, they have to pay for it. Attorney Brandenburg reported that his other change is in Section 37 Wells and Lawn Sprinkler Systems. Under this, he wished to change C. to read "All sprinkler systems shall be inspected and approved by the County Building Department before initial operation," and add a Paragraph D. "All wells shall be inspected by the County Health Department upon payment of such a fee as established by the Board of County Commissioners." He further noted that we want to include language specifying that wells shall be installed in accordance with the Florida Safe Water Drinking Act and the DER, and the DHRS, or St. John's River Water Management regulations." Commissioner Wodtke asked if this is all wells used for sprinkler systems - what about wells in agricultural areas? Director Pinto stated that the Utility Department's concern is only that when the well is drilled and there is an irrigation system that there is no cross connection with the potable water system. Chairman Scurlock asked why we can't put in the ordinance that it is prohibitive to connect to the system without a.backflow preventer device. Director Pinto noted that this ordinance refers to a Resolution that will set those type of standards. There are specific state requirements for backflow prevention. We just want to assure as far as utilities go there is no cross connection. Attorney Brandenburg recommended that we qualify his proposed language as "all residential sprinkler systems will be inspected.,..." and change Paragraph D to "all potable water wells will be inspected......" -.-. APR 41984 21 BOOK 56 PAGE 6.36 r RPR 41984 BOOK 56 ?AGE63T Commissioner Wodtke brought up indirect cost allocation and noted the report states this will be based on the County's indirect cost allocation plan which is currently being finalized. He asked if staff is saying their figure is not the final figure for the indirect cost. Mr. Raftelis stated that they used the budget figure of approximately $100,000. Commissioner Wodtke asked if Mr. Raftelis felt that figure was a reasonable one. He just wanted to be sure we are not overloading this enterprise account with general and overhead expenses. Mr. Raftelis assured him that they did review these figures and felt they were very reasonable. Commissioner Wodtke next raised a question about the $110,000 for contractual services under General Adminis- trative costs, and asked if there are going to be continuing ongoing contractural services from year to year. Administrator Wright stated that this was a budget item and this year it will be higher because we will be doing the water and sewer master planning. He believed these services will continue and it is hard to determine what they will be. Commissioner Wodtke continued to discuss the amount for contractural services, and Administrator Wright pointed out that these amounts will be reviewed in three months at budget sessions. Commissioner Wodtke wished to know what the change is A w. _�.... , ...4.,., in the mandatory connection on water and sewer. Attorney Brandenburg stated that the only change is that we have included language which provides that, in the event an individual is creating some kind of health hazard, we can require them to hook up to a private franchise utility as well as a county utility system. Commissioner Wodtke next asked what the monthly bill would be for someone who has purchased multi -family water 22 and sewer taps on 6th Avenue, and it was explained that multiple as well as single family is all based on ERU, and there would be a base facility charge of $1.53 for wastewater and $5.34 for water per ERU. Commissioner Wodtke continued to discuss base facility charges and how the City bases their charge to us for treatment of wastewater. He felt the point is that we are ,.riot operating a sewer plant. Administrator Wright pointed out that we are a collec- tion system, and. Chairman Scurlock did not see why the existing rate payer should pay the freight for someone reserving capacity. He noted that the rate payer benefits by having the base facility charge, and his commitment is much more to the guy who is here than the one who is going to be. MOTION WAS MADE by Commissioner Lyons, SECONDED by Commissioner Wodtke, to adopt Ordinance 84-18 amending Sec. 24-31 through Sec. 24-67 of the Code of Laws and Ordinances of Indian River County, re connections to the waterworks system; sewer connec- tions, etc., with wording changes in Sections 7 and 37 as recommended by Attorney Brandenburg; the Ordi- nance to be effective May 1st or upon notice of receipt from the Secretary of State, whichever is later. Director Pinto announced that the customer charge will be left as advertised - $1.82 for water and $1.84 for sewer. Commissioner Wodtke inquired about the increase on fire hydrants, and Administrator Wright stated that there was no problem on this with the fire department. 23 r: AIR 4 1984 BOOK 56 PAuE ���� APR 41994 BOOK 56 FADE 6.39 it Engineer John Robbins asked about base facility charges in relation to any excess of the Hospital's allocation and whether there would be ERU associated. Director Pinto noted that the Hospital is not our customer, and it is not part of our rate structure. Mr. Vernon raised a question about inspections of existing wells, and Chairman Scurlock stated they are grandfathered in. THE CHAIRMAN CALLED FOR THE QUESTION. It was voted on and carried unanimously (4-0). 24 INDIAN RIVER COUNTY ORDINANCE NO. 84-18 AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA, AMENDING SECTION 24-31 THROUGH SECTION 24-67 OF THE CODE OF LAWS AND ORDINANCES OF INDIAN RIVER COUNTY, FLORIDA, PROVIDING FOR CONNECTIONS WITH WATERWORKS SYSTEM; CONNECTIONS WITH SEWER REQUIRED; SEWER CONNECTIONS REQUIRE COUNTY WATER; EXCEPTIONS TO CONNECTIONS; CONNECTIONS MAY BE MADE BY COUNTY; DEFINITIONS; RATES AND CHARGES; IMPACT FEE, EXPANSION POLICY; EXTENSION OF WATER AND SEWER SERVICES; OFF-SITE WATER DISTRIBUTION AND SEWAGE COLLECTION SYSTEMS; EXISTING AGREEMENTS; UNIFORM EXTENSION POLICY UNLAWFUL CONNECTION; UNLAWFUL CONSTRUCTION; CONNECTING OLD PLUMBING; SANITARY REQUIREMENTS; DISPOSAL REQUIREMENT; STANDARDS FOR INSTALLATION OF SEPTIC TANK; MAINTENANCE OF PLUMBING SYSTEM; PAYMENT OF FEES AND BILLS REQUIRED; COLLECTION OF SEWER FEES WHERE OWNER HAS COUNTY WATER SUPPLY; FAILURE TO MAINTAIN PLUMBING SYSTEM; NO SERVICE FREE; SEPARATE CONNECTIONS FOR EACH SEPARATE UNIT; WATER/SEWER FEES CHARGEABLE TO PROPERTY OWNERS --COUNTY MAY BILL TENANT; BILLING CYCLE; WATER CHARGES ON NEW CONSTRUCTION ACCOUNTS; DISCONTINUANCE OF SERVICE FOR NON-PAYMENT; WATER AND SEWER EQUIPMENT IN EXCLUSIVE CONTROL OF UTILITY DEPARTMENT; PERMIT REQUIRED TO DRAW WATER FROM FIRE HYDRANTS; PROHIBITION AGAINST DAMAGING EQUIPMENT; REQUIRED INSTALLATION OF BACK FLOW PREVENTION DEVICES; POWER AND AUTHORITY OF INSPECTORS; DISCHARGE OF WATER IN SANITARY SEWERS; PROHIBITING DISCHARGE OF SPECIFIED WASTE AND WATERS INTO THE COUNTY SEWERAGE SYSTEM; WATER SHORTAGE EMERGENCIES; WELL AND LAWN SPRINKLER SYSTEMS; PENALTIES; REPEAL OF CONFLICTING PROVISIONS ;INCORPORATION IN CODE; SEVERABILITY; AND EFFECTIVE DATE. NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA that: SECTION 1 CONNECTIONS WITH WATERWORKS SYSTEM Where the same shall be available, the owner of every lot or parcel of land within the unincorporated portion of Indian River County, hereinafter referred to as "County", shall (except as limited by Section 3) connect, or cause the plumbing of any building, or buildings thereon to be connected, with the County waterworks system of Indian River County, Florida, or franchised private utility system upon the approval of the system managers, and use such facilities within two (2) months following notifica- tion to do so bye the Indian River County Utility Department. All such connections shall be made in accordance with the rules and regulations which shall be adopted from time to time by the Board of County Commissioners of Indian River County, Florida, which rules and. regulations shall provide for a charge for making such -1- BOOK 56 PAGE 640 APR 4-1984 y 4 56 G BOOK PAGE 64 connections in such reasonable amount as such board may fix and determine by resolution, or in the case of a private utility, the rules and regulations adopted by the utility and approved by the Board of County Commissioners. SECTION 2 CONNECTIONS WITH SEWER REQUIRED The owner of each lot or parcel of land within the County upon which lot or parcel of land any building or trailer used as a dwelling is now situated, or shall hereafter be situated, for either residential, commercial or industrial use, shall connect or cause such building or buildings or trailer or trailers to be connected with the public sewer facilities of the County sewer system of Indian River County, Florida, or franchised private utility system upon approval of the systems managers, and use such facilities within two (2) months following notification to do so by the Utilities Department of Indian River County, Florida. All such connections shall be made in accordance with the rules and regulations which shall be adopted from time to time by the Board of County.Commissioners of Indian River County, Florida, which rules and regulations shall provide for a charge for making any such connections in such reasonable amount as such board may fix and determine by resolution or in the case of a private utility the rules and regulations adopted by the utility and approved by the Board of County Commissioners. No connection or connections shall be required where said sewer system or line is more than two hundred (200) feet from such lot or parcel of land, unless such connection is necessary to prevent a health hazard. SECTION 3 SEWER CONNECTIONS REQUIRE COUNTY WATER All connections to the County sewer system shall be simultaneously connected to the County water system, unless the water system is not available, as determined by the Utility Department. No County sewer service shall be provided without County water except as determined by the Utility Department, the tripartite [agreement] between the City of Vero Beach, Vero Mall M __2_ M and Indian River County and the lands addressed thereon, or where such service previously existed. SECTION 4 ' EXCEPTIONS TO CONNECTIONS This article shall not be construed to require or entitle any person to cross the private property of another to make any such sewer or water connection. SECTION 5 CONNECTIONS MAY BE MADE BY COUNTY If any such owner of any lot or parcel of land within the County shall fail and refuse to connect with and use the facilities of the sewer system of the County after notification by the Utilities Division, as provided herein, then the Utilities Division shall be authorized to make such connections, entering on or upon any such lot or parcel of land for the --purpose of making such connections. The base facilities charge of the County shall apply beginning twenty (20) days after notification by the County Utility Department to connect. The County shall thereupon be entitled to recover the cost of making such connection, together with accrued base facilities charges, interest and attorney's fees, by suit in any court of competent jurisdiction. In addition, and as an alternative means of collecting such costs or making such connections, the County shall have a lien on such lot or parcel of land for such cost, which lien shall be of equal dignity with the lien of state and county and munici- pal taxes. Such lien may be foreclosed by the County in the same manner provided by the laws of Florida for the foreclosure of mortgages upon real estate. SECTION 6 DEFINITIONS For the purpose of this ordinance, the following terms shall have the meanings set forth thereafter. (a) -Base Facilities Charge. The charge impo.sed by the County for each equivalent residential unit which is not related to actual usage of either water or sewer service but represents a portion of the cost to the County of having the system available -3 APR 4 1984 BOOK 56 ; *E 6421 7. APR 4 1994 to serve that equivalent residential unit. BOOK 56 PnE:643 (b) Equivalent Residential Unit. (1) Each single family residence served by the County through a single water meter and/or single sewer service connection constitutes one equivalent residential unit. (See chart below.) (2) Each residential room or combination of rooms, designed to be occupied on a permanent or long-term basis, and not otherwise defined as a hotel or motel herein and each apartment unit, condominium unit, multi -family unit or prepared mobile home space that includes connection points for sewer and/or water service and that is owner occupied, offered separately for rent as a rental or lease unit, or vacant, will constitute one equivalent residential unit. Multi -unit apartment condominiums, and similar multi -unit residential structures or complexes -are defined to con- sist of multiple equivalent residential units regardless'of whether or not a single water or sewer connection serves the entire complex. (See chart below.) (c) Commercial, Industrial and Non-residential Accounts. All other types of accounts not previously -defined as an equivalent residential unit will, for the purposes of estab- lishing the applicable rate structure, be considered to comprise multiple equivalent residential units according to the following chart and formula: UNIT DESIGNATIONS UNITS 1. Single family home 1 2. Private dwelling w/rented rooms or boarding house 1 each room available for rent over 3 1 3. Hotel/motel - per living unit .20 4. Rental or condominium apartment 1 5. Mobile living unit 1 -6. Townhouse 1 7. Single family home w/place of business, each place 1 of business other than restaurant 1 8. School -per each 30 full time pupils & faculty 1 _ per each 60 part time pupils & faculty 1 (part time attendance less than 3.5 hours) 9. Church 1 �4 10. Church w/banquet facilities t 11. Clubs, societies, service organizations 1 w/dining facilities 3 12. Service station -w/o repair or maintenance 1 contain both w/repair or maintenance 2 through w/car wash per 250GPD 1 13. Take out restaurant w/o seating 3 ,. 14. Diner, tavern, restaurant -1 to 50 seating capacity 3 method of computation results in a each additional 15 seats or segment thereof 1 15. Laundromat or self service laundry per @ washer 1 16. Soda fountain and/or luncheonette 1 to 25 ASR 4 1984 seating cap. 2 each additional 20 seats or segment thereof 1 17. Supermarket 1 to 3 water fixtures 1 per water fixture thereafter .33 1/3 1 18. Retail and general commercial business 1 per first 2500 sq. ft. 1 per each 5000 or part thereof 1 19. Office building 1 for @ 3000 sq. ft. or part thereof 1 20. Nursing home -per 20 bed capacity 1 for @ ' 10 staff or segment thereof 1 21. Warehouse -per @ 5000 sq. ft. gross floor area or _ part thereof 1 22. Industrial & manufacturing plant w/o use of water for processing per @ 3000 sq. ft. gross area or for @ 5 employees whichever is greater 1 2.3. Industrial & manufacturing plant using water for processing and/or has discharge to wastewater system shall be determined on an individual basis. Minimum 3 24. Barber shop -hair dresser 1 to 3 sinks 1 each additional sink 1/3 25. Establishments requiring service for irrigation or fire service will be handled on an individual basis using 250GPD as a basis of calculating units. In any case, where use exceeds 250GPD per unit, units will be increased or flow will be restricted at the discretion of the Utility. 26. In the event that a business or structure is described in the schedule by general classification but the particular nature of said business or structure would result in an inequitable connection charge if the schedule were used, the Utility in its discretion may determine that a higher or lower number of units shall be used. Multiple use of an individual structure or group of structures shall be classified to include all uses. (d) 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 a larger number of -5- Bou 56 PAGE 644 ASR 4 1984 r APIZ 4 1984 BOOK 56 PAGE*645 equivalent residential units. (e) Hotel and Motel. Any building or groups of build- ings containing sleeping room accommodations for guests and pro- viding the services generally provided by a hotel or motel and recognized as a hotel or motel in the community in which it is situated or by the industry, and offering daily or weekly rates, with a bath or connecting bath for every rental unit and occupied only by transient guests. It is the intent of this section that any such structure offering a residential or combination of rooms for rent or lease for longer than a month at a time shall not be considered a hotel or motel. SECTION 7 RATES AND CHARGES The rate schedule attached hereto as Appendix "A" is hereby adopted by the Board of County Commissioners. A. Base Facilities Charge. This charge shall apply to every connected equivalent residential unit and to each equivalent residential unit reserved for future use in a development. For facilities that have received a Certificate of Occupancy this charge will apply until the facility is permanently disconnected from the system. For developments which have entered into an agreement with the County for the construction of the necessary lines to connect the project to the County system, the fee shall commence upon certification by appropriate governmental authori- ties that the lines are ready for use. For all other reserva- tions, the fee shall commence at the time of reservation. For temporary disconnections, customers will pay the base facilities charge for each month the facility is disconnected at the time of reconnection. All individuals who have reserved capacity at the date of enactment of this section shall be given the option of commencing payment of the base facilities charge or to relinquish the reservation and receive a refund of all funds collected by County for the reservation. This election must be made within thirty (30) days of notification by the County. B. Water Production Charge. This charge represents the cost associated with the production of water at the County water =6- M M plant and shall apply to all customers who purchase water at the water plant to be distributed by purchaser, as forth in Appendix "A. C. Volume Charge. A charge imposed that is directly related to the volume of water consumed or sewage treated and designed to recoup the cost associated with the operation of the system that varies with consumption levels as set forth in Appendix "A." D. Customer Charge. This charge represents the costs to the system associated with billing, collection, meter reading and general customer services imposed on each meter installed, as set forth in Appendix "A." E. Deposits Required upon opening, Transferring, Reconnecting; Refund Policy. The County shall require a deposit as set forth in Appendix "A" for all water or --sewer accounts that are opened, transferred to another name or upon reconnection to the system. Upon discontinuance of service, and rendering of final bill, the deposit shall be refunded; less any amount remaining unpaid. In the event any customer service is shut off for non-payment; prior to reconnection the customer will pay the accrued base facilities charge plus, if in the discretion of the Utility Director it is necessary to assure payment, a deposit equal to twice the customer's average monthly bill in lieu of following the schedule set forth hereafter. Accrued interest on the County Deposit Fund shall be used to offset bad debts of the system. Customers who have not been assessed late payment fees or been shut off for non-payment for a period of thirty (30) months - shall receive a refund of their deposit. (1) Sewer Service: A deposit equal to the water deposit. A sewer only customer will pay a deposit equal to two (2) times the water deposit schedule. F. Specific Service Char es (1) Water Service Connection; To defray the cost of and imposed when County constructs a water lateral from customer's property to watermain in adjacent street, including meter installation (normal residential customers only; others cost plus -7-BOOK 5 PAGE - 46 ARR 4 1984 APR 4 1984 BOOR 56 PACE641 10%). See Appendix "A." (2) Sewer Service Connection: To defray the cost of and imposed when County constructs a sewer lateral from customer's property to main in street (normal residential customers only). See Appendix "A." (3) Meter Installations only: Where an existing available usable service lateral is presently installed, a charge will be imposed as set forth in Appendix "A." The listed charges do not include meter vault which will be supplied by developer. G. Miscellaneous Service Charges (1) Reconnect during normal working hours (8:30 AM - 4:00 PM): This charge is made upon initial service connect, or for change from temporary to permanent service, a reconnect after delinquency shut-off, or for transfer of service from one location to another, where there was an existing account.. See Appendix "A, n nA.n (2) Reconnect during off-duty hours: See Appendix (3) Meter re -reads and leak inspection: This charge is for special inspection at request of customers when there is no interruption of service and the account remains in the same name. If the re -read is a result of an error of the intial meter read- ing, this charge will not be assessed to the customer. See Appendix "A." (4) Delinquency charge: County shall charge an addi- tional $1.50 plus one and one-half percent (1-1/2%) interest monthly on all outstanding balances if payment is not made in total by each payment deadline date. The deadline date shall be fifteen (15) days after the billing date. (5.) General service calls: In all instances where County is requested to respond to a service call to correct a problem that was not caused by the County, the County shall charge the responsible party for all direct labor, direct materials, direct overhead, fringe benefit factor and the County's indirect cost rate pursuant to a formula established by the County's Utility Division. (6) Meter calibration: Upon request of a customer, the Utility Department shall test a water meter to determine if the meter.is operating within established standards, (95 to 101.5 per cent of true). If the meter has been tested within the last twelve (12) months, there shall be a ten -dollar ($10.00) non-refundable service charge if the meter is found to be - operating accurately. If the meter is in error, i.e., outside the range of ninety-five (95) to one hundred one and five -tenths (101.5) per cent of true, then a billing adjustment will be made for a period not to exceed the past six (6) months of actual service. There shall be no charge for testing in the event the water meter has not been tested within the last twelve (12) months preceding the request. The service charge may be applied against monies due in the event a meter, after testing, is found to be inaccurate within the range established above.; -- (7) Damage repair: All damage caused by the failure of a contractor or customer to properly locate and isolate water and sewer facilities shall be repaired by the County and charged to the responsible party under the provisions of paragraph "Ell;or in the alternative, County may hire a contractor to perform the repair work and charge the responsible party for the repairs. In addition, the responsible party shall pay the County a fine of one hundred dollars ($100.00) for each such instance. (8) Line location -- same as general service calls. (9) Engineering services: These fees will be assessed to defray the cost of processing a developer's application for 14 subdivision construction, site plan, reviewing the plans and inspecting the water and sewer facilities as constructed. See Appendix "A." Inspection fee: County shall charge according to the table on Appendix "A" or time, materials and overhead whichever is greater. (10) Other miscellaneous charges --See Appendix "A". H. Additional Costs for Complex Connections The specific service charges listed in this section are based on the average historical costs of such services. If in the -9- BOOK 56 PACE -648 APR 4 1984 APR 4 1984BOOK. 56 PACE 649 event a particular service required by a customer is determined by the Utility Division to have a cost which greatly exceeds the "norm", then such cost of service shall be negotiated between the County and the developer and reduced to a written instrument approved by the customer and the Utility Director. See Appendix "A.n I. Annual Fire Protection Charges These charges are established to defray the cost of pro- viding extra capacity in the water system and maintaining water and fire protection facilities for customers having sprinkler systems, private fire lanes, etc.; they are designed to recover a portion of the availability cost and customer cost. In addition, this cost covers the additional capacity and expense associated with line size and hydrants in the fire district. ,. (1) Hydrants. The fire district wherein the water system and hydrants are located shall be assessed the charge set forth in Appendix "A" per hydrant annually. If hydrant is accessible by private entity only, then that entity shall be charged. (2) Fire systems. Each facility with a fire protection system shall be charged annually in accordance with the chart in Appendix "A." SECTION 8 IMPACT FEE, EXPANSION POLICY This section establishes procedures to facilitate the orderly expansion of the County water supply system and wastewater treatment system and provides alternates for funding such expan- sion by those specifically benefiting thereby, by imposing a user charge which is reasonably calculated to offset a portion of the capital cost of the anticipated new demand on the systems. The remaining capital cost shall be recouped through the monthly charges. Indian River County has determined that certain neces- sary improvements will have to be undertaken in order to provide a water supply and wastewater treatment system to meet the needs of a large influx of new residents, industrial and business 10- establishments anticipated to occur in future years. In order to finance these improvements, several combined methods of financing will be necessary, one of which is an impact fee. - The Board of County Commissioners of Indian River County, Florida has the authority under Florida Statutes §125.01 and.§163.3161 et seq., and supporting cases to establish a -user charge hereinafter called an impact fee in order to offset the cost of the necessary extension of the County's water and sewer systems. The amount of these impact fees have been established on the recommendation of the County's rate consultants and after wide ranging input from concerned citizens at public hearings. The Board of County Commissioners now finds and deter- mines after an -examination of all methods of financing, that the impact fee is a necessary integral part of financing the cost of future water systems and wastewater treatment systems in the County at this time, and that this fee should be reviewed on a regular basis in order to ensure that it continues to reflect a charge that is commensurate with the burden imposed on the system by new development. A. Impact Fee Imposed. There is hereby imposed an impact fee according to the following schedule, based on the equitable portion of the cost of financing the extension of the County's sewer and water systems on each equivalent residential unit responsible for creating the need for additional system expansion. The obligation to pay the impact fee shall occur at the earliest of the following dates: When the capacity is reserved, when a water or sewer permit, is granted, or when a building permit is issued. Water service. . . . . . . . . . . See Appendix "A" Sewer service. . . . . . . . . . . See Appendix "A" B. If a building permit is issued for an existing non- residential, commercial or industrial connection which will increase water demand or sewer treatment demand or if a building changes from residential to non-residential occupancy, the total number of equivalent residential units for the old and new parts of the facility will be computed according to the definition of APR 4 1994 -11- BOOK 56 PAGE:650 BOOK- 5 APR 4 1984 C' V' i` equivalent residential units and impact fees shall be assessed on the difference. C. Escalation of impact fees. The basis for the impact fees imposed by this section has been structured by the County with respect to two major but variable factors. First, the present level of construction cost of water distribution, sewer collection, water treatment plant and wastewater treatment plant facilities. Second, the theory of treatment facilities and their relative degree of treatment system sophistication as prescribed by the Florida Department of Health and Rehabilitative Services and the Florida Department of Environmental Regulation. The foregoing schedule of impact fees shall auto- matically escalate based upon increases in utility construction index published in the Engineering News Record magazine (ENR) (if ENR goes out of business, an equivalent index mill be used by the County), entitled "twenty cities' construction cost index," using as a base the published index for the quarter ending June 30, 1980. The County shall automatically adjust the impact fees set forth herein semi-annually with the first such adjustment to be not earlier than December 31, 1984. The automatic escalation shall not exceed the percentage difference between said construction.cost index for the base period as compared with the period in review. D. Escalation of plant capacity fee by County Board of County Commissioners. Separate and apart from the automatic esca- lation provisions set forth above, the Utility Department of the County may file with the Commission a higher or lower impact fee schedule, and in support of that schedule, detail the reasons requiring such increased fees. Such reasons may include and be related to increasing standards of service; inadequate or incorrect estimates of the total anticipated fees versus the actual investment levels required by the County for water or sewer plant treatment facilities; actual experience with regard to matters of service area density having a direct bearing upon assessments received versus the cost of construction of the facilities; matters of net investment bearing upon rates and M i charges required of consumers and/or such other matters which may reasonably bear upon the needs, necessities or consideration requiring such change. E. Use of proceeds. The proceeds accumulated by reason of the establishment of the impact fees can be used only for capital expenditures for the expansion of the County's water system or wastewater treatment system. The funds may be used for extending, oversizing, separating or constructing new additions to the treatment plant or collection and interceptor systems of the water and wastewater systems so as to meet the increased demand which additional connections to the system create. Said proceeds may not be used for improving, updating or bringing the present system into compliance with any change in law or other events which would otherwise require such improving, updating or bringing the present system into compliance. - F. Trust fund established. There are hereby estab- lished two (2) trust -funds, one designated as (A) Impact Fee. Trust Fund for the Expansion of the Indian River County Water System, and the second one designated as (B) Impact Fee Trust Fund for the Expansion of the Indian River County Sewerage System. All impact fees paid to the County shall be deposited in the appropriate trust fund to be held in separate accounts and used only for the purposes of the expansion of the respective County systems. Funds may be disbursed from these accounts in a customary manner in accordance with appropriate law with the added requirement that the disbursal of such funds shall require approval of the County Administration and Utility Director. Any funds on deposit in said trust funds which are not immediately necessary for the expansion of the respective systems may be invested in the manner provided by law for the investment of surplus County funds. All interest earned on invested funds in the respective trust funds shall bear the same restrictions on expenditure as those funds which created the interest. All of the preceding notwithstanding, none of such funds deposited in the respective trust fund shall ever be expended by Indian River County in a manner that is contrary to • -13- APR 13- APR 4 M4 BOOK 56 PAGE 652 APR 4 1984 BOOK 56 ` PAGE 653 ` those principles set forth in the case captioned; Contractors and Builders Association of Pinellas County v City of Dunedin, 329 So.2d 314 (1976) as further interpreted from time to time by the Supreme Court of the State of Florida and various appellate courts. G. Use of funds previously collected. The use of any funds previously collected by the County under Ordinance No. 80-22 or 80-21 as plant capacity fees or contributions in aid of construction are hereby restricted for use for the purpose for which they were collected. In no event shall any of such funds ever be used in a manner contrary to the principles set forth in the case of Contractors and Builders Association of Pinellas County v. City of Dunedin, 329 So.2d 314 (1976) as interpreted by the Supreme Court of the State of Florida and appellate courts from time to time. Under no circumstances shall any funds collected under the terms of any previously adopted ordinance or under the terms of this ordinance be expended for any purpose other than extending, oversizing, separating, or constructing new additions to the treatment plant or collection and interceptor systems of the water and wastewater system so as to meet the increased demand which additional connections to the system create. H. Time payment of impact fee upon showing of hardship. The Board of County Commissioners may establish an alternate method of payment for units presently in existence which have received occupancy permits from the County. Upon a showing of proper hardship to the Commission, the Commission may allow in its sole discretion pay- ment of the water and/or sewer impact fees in whole or in part over a period of three (3) years at such interest rate to be determined by the Board. Upon the Commission's authorizing an alternate pay- ment schedule for an applicant, a. lien for the amount due shall be executed in recordable form reflecting the payment schedule and filed in the public records of Indian River County, Florida. Upon all payments being made in full, said lien shall be released of M M i record. SECTION 9 EXTENSION OF WATER AND SEWER SERVICES A. Contributions in aid of construction. The County requires the contribution in aid of construction through the installation of water distribution and sewage collection facili- ties by the developer with title to such facilities being trans- ferred to the County when the installation has been completed. The facilities are "on-site" and "off-site" as defined in this article. The requirement for such contributions is for the purpose of defraying the cost of the water distribution and sewage collection systems and to partially defray the cost of the hydraulic share of the systems. B. On-site facilities. Each developer shall be respon- sible for.the design, installation, inspection --and testing of the complete water distribution and sewage collection systems located in the street or streets adjoining or within the boundaries of the developer's property. The term "complete water distribution and sewage collection systems," 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 and all the components of the sewage collection system, including all collec- tion lines, manholes, force mains, lift or pumping stations, including the site for same, and all other appurtenances as shown on the approved design for installation of such sewage collection systems. The developer shall supply the County with two sets of "as built" plans. SECTION 10 OFF-SITE WATER DISTRIBUTION AND SEWAGE COLLECTION SYSTEMS A. The location, size or proposed densities of a developer's property may make such service to the property depen- dent upon the developer's extension of off-site water distribution and sewage collection facilities. For the purpose of this APR 4 i 4 —ls— BoaK `56 PacE.6 34 9� APR 4 1984BOOK ' WPACE 655' article, the term off-site shall defined as those mains, water transmission lines, sewage collection lines, sewage force mains and/or pumping stations necessary to connect to the developer's property with facilities of the County adequate in size to trans- mit to the developer's property an adequate quantity of water under adequate pressure and/or transmit sewage collected on the developer's property to the treatment plant or disposal site of the County. It is the County's policy to expand its water and sewerage system in an orderly, economical manner and in those cases in which the County would not normally be expanding its system to serve a developer's project at that time and such an extension would require an extraordinary expenditure by the County for transmission facilities and such expenditure does not fall within the "norm" associated with the County's standard impact fee then such developer shall be required to construct or pay the cost of off-site facilities associated with his project. In this event, the County shall negotiate an. agreement with the developer requesting service setting forth the developer's responsibility for off-site facilities and the County's responsibility for requiring such facilities to be oversized to meet future demands. B. Refundable advances. The County may require, in addition to the contribution in aid of construction of off-site facilities herein set forth, a refundable advance by the developer to further temporarily defray the cost of any "off-site" extension of water and/or sewer mains and pumping stations necessary to connect the developer's property with the then terminus of the County's water and sewer facilities. This provision recognizes instances in which a developer may be required to advance funds to construct off-site facilities sized in accordance with the County's Master Plan. All amounts expended by the developer pur- suant to such an agreement over and above the developer's hydraulic share for off-site facilities shall be refunded to developer in accordance with the terms and conditions of a refunding agreement which the County will execute with the developer. County may assume a portion of the material cost of such projects when it deems it to be in the best interest of the M County utility system. The refund agreement shall provide for a plan of refund based upon the connection of other properties, to the extent of their hydraulic share, which properties will be served by the "off-site" facilities installed by the developer. Notwithstanding the provisions of this section, the County will limit the life of such refund agreement to a term of not more than five (5) years, after which time any portion of the refund not made to the developer by the terms and conditions of the refund agreement will have lapsed and thereafter such refund agreement shall be canceled. In no event shall the developer recoup an amount greater than the difference between the capitalized cost of such "off-site" improvements and the developer's own hydraulic share of such improvements. The developer shall not be entitled to any interest upon the refund of the developer's advance. SECTION 11 _ -, EXISTING AGREEMENTS. County recognizes that certain developer agreements have been executed by the County.and developers in the past. Nothing in this ordinance shall be construed to abrogate, obviate or avoid the respective parties obligations in those agreements. SECTION 12 UNIFORM EXTENSION POLICY The Board of County Commissioners of Indian River County hereby declares its intent to adopt a uniform non- discriminatory water and sewer service extension policy. Such policy is hereby authorized to be adopted by resolution of the Board of County Commissioners and provide for but not be limited to the following subjects: (a) Uniform policy for the extension of the County's water system (b) Uniform policy for the extension of the County's wastewater system (c) Criteria for determining the financial feasibility for such extensions (d) Apportionment of costs for off-site water .systems (e) Apportionment of costs for off-site sewage a -17 BOOK 56 PAGE 656 APR 41994 I r I*Ilie LI collection systems BOOK 56` PAGE 6577 (f) Contributions in aid of construction (g) Refundable advances SECTION 13 UNLAWFUL CONNECTION No person shall be allowed to connect into any water line or sewer line owned by the County without the written consent of the County, and then the connection.with such line shall be made -only under the direction and supervision of the Utility Department. Any property owner, plumber or other individual who shall make any connection without such consent of the County shall, upon conviction, be subject to the penalties hereinafter provided. SECTION 14 UNLAWFUL CONSTRUCTION No person, group of persons, firm or corporation shall build or remodel or cause to be built or remodeled any structure used for human habitation or occupancy on a property within the County which is within two hundred (200) feet of a public sanitary gravity sewer line or water main without connection to the gravity lihe or water main. All construction shall adhere to latest revision of "Construction specifications for water distribution and sewage collection facilities by Vero Beach." SECTION 15 CONNECTING OLD PLUMBING Whenever it is desirable or required to connect old plumbing with the County sewer main and/or water line, the owner or plumber contemplating doing such work shall notify the County Utility Department, who will inspect said old plumbing and notify the owner or plumber what alterations will be necessary to place said old plumbing in an acceptable condition for such connection. Alterations shall be made within two (2) months of notification. Any owner or plumber who shall make any connection without the approval of the County Utility Department shall, upon conviction, be subject to the penalties hereinafter provided. ® =18 M SECTION 16 SANITARY REQUIREMENTS Every residence and building in which human beings reside, are employed.or congregated, shall be required to have a sanitary method of disposing human excrement, gray water discharge such as washing machines, dishwashers, etc.; namely, either a sanitary water closet that is connected with the County or fran- chised sewer, or an approved type of septic tank. A septic tank will be used only if the property is more than two hundred (200) feet from the gravity.sewer line. SECTION 17 DISPOSAL REQUIREMENT It shall be unlawful for any person, persons, firm or corporation owning or leasing any premises in the County to permit the disposal of any human excrement on any property, leased or rented by any such person, firm or corporation, except in a sani- tary water closet, where sewage lines are available as defined above. SECTION 18 STANDARDS FOR INSTALLATION OF SEPTIC TANK No septic tank other than those approved by the appro- priate agencies shall be constructed or installed within the County. No septic tank shall be constructed on a property within two hundred (200) feet of a County gravity sewer line. Where elevation, soil conditions and environmental -requirements permit, septic tanks will be preferred for single-family homes provided with public or franchised water. For lots with wells and septic tanks, there shall be no more than four (4) units per acre with a limitation that the number of units per acre allowed shall be determined by current Florida Department of Environmental Regulation and Health Department Rules and Regulations existing as of the date application is made. Multifamily buldings and commer- cial buildings shall not be permitted to have septic tanks which have a higher equivalent than that allowed for residential connections. The standard of connection for multifamily and commercial buildings not exceeding the above residential equi- valent shall be as provided by the Florida Department of -19- R 4 84 BOOK '56 mu' 658 AP 19 APR 4 1984 BOOK 56 PACE 65 , Environmental Regulation and Health Department Rules and Regulations existing at the time of application. SECTION 19 MAINTENANCE OF PLUMBING SYSTEM The owner of the property shall be responsible for maintaining and keeping clean the water and sewer pipes leading and connecting from the plumbing system to the County distribution lines and main sewers. This includes the meter boxes and easements for access to them. SECTION 20 PAYMENT OF FEES AND BILLS REQUIRED Bills for monthly charges and fees should be submitted and shall be payable on the fifteenth day from the date of the bill. If any monthly bill remains unpaid on the sixteenth day of the month for such service, a penalty as set forth in Appendix "A" shall be imposed and added to the bill. If the monthly bill remains unpaid on the twenty-fifth calendar day after the bill, the water service to the customer shall be subject to discontinu- ance until all past -due water bills are fully paid, together with such reconnection fee as set forth in Appendix "A." All other parts of this article will apply as presently written. SECTION 21 COLLECTION OF SEWER FEES WHERE COUNTY WATER SUPPLY Where sewage disposal fees are not paid in accordance with the provisions outlined above, the County shall have a right to cut off the water supply to the plumbing system, and the owner shall have no right to reconnect the water supply until the sewage disposal fees have been paid in full. Any violation of this pro- vision by reconnecting the water supply, until such sewage dis- posal fees are paid in full, shall be considered a violation of this article and subject to the penalties hereinafter provided. SECTION 22 FAILURE TO MAINTAIN PLUMBING SYSTEM Failure to keep the sewer pipe, i.e., the pipe leading from the plumbing system to the sewer main, clean and maintained - �20 I in a proper manner will give the County the right to cut off the water connection, which shall not be reconnected until the sewer pipe is cleaned and maintained properly. Any violation of this provision by reconnecting the connection from the County water line, until such sewer pipes are cleaned and maintained properly, shall be considered a violation of this article, and subject to the penalties hereinafter provided. Cleaning by forcing obstacles through service lines to the public system is forbidden. SECTION 23 NO SERVICE FREE No water nor sewage disposal service shall be furnished or rendered free of charge to any person, firm or corporation whatsoever; and the County and each and every agency, department or instrumentality which uses either or both services shall pay therefor at the rate fixed by this article. -- SECTION 24 SEPARATE CONNECTIONS FOR EACH SEPARATE UNIT Each building, whether occupying one or more lots and whether it shall occupy any lot or parcel jointly with any other residential building,, shall be billed separately for the payment of the water fees and the sewage disposal fees, and separate connections and meters will be required for each building, unless the Director of Utilities determines it is in the County's best interest to approve the use of a master meter. SECTION 25 WATER/SEWER FEES CHARGEABLE TO PROPERTY OWNERS -- COUNTY MAY BILL TENANT. Water and sewer services are held to be furnished to the property and the fees, therefore, are chargeable to the property owner. The County may bill the tenant or occupant of each prem- ises for the water and sewer charges at the request of the owner, express or implied, but this shall in no way relieve the owner of responsibility for payment. Any payment remaining unpaid for a period of thirty (30) days shall constitute a lien in favor of Indian River County against the property serviced and the County Administrator is authorized and directed to record said lien in 1 -21- �6 PAG€ 660. APR BOOK 4 1994 APR 4 1994 Boa '56 PAcF 66 the public records of Indian River County, Florida. County is authorized to discontinue service when payment is thirty (30) days overdue and shall not reinstate service until full payment is. received. SECTION 26 BILLING CYCLE The County Administrator may arrange the dates of bill- ing into a cycle as he may deem best to most efficiently admin- ister the system. Charges for water and sewer service shall be billed on the same bill at the same time. SECTION 27 WATER CHARGES ON NEW CONSTRUCTION ACCOUNTS On new construction accounts, water may be provided to the contractor subject to a deposit determined by the Utility Department refundable on cancellation and upon --payment of the construction account for water used, and provided further that this deposit shall be forfeited if the building is occupied prior to the cancellation and payment of the construction account for water used. SECTION 28 DISCONTINUANCE OF SERVICE N -PAYMENT, F RESTORING SERVICES, PENALTY FOR TAMPERING WITH WATER METER A. If water and sewer bills are not paid within fifteen (15) calendar days of the date rendered, a penalty will be gener- ated. On the twenty-fifth (25) day if. the bill still remains unpaid, then the County may turn off the water and discontinue service until the bill is paid in full. B. If the water is turned off and service is discon- tinued under this action, an additional turn -on fee shall be charged for restoring service and a deposit shall be required as set forth herein. C. If service has been discontinued, anyone tampering with the water meter shall be guilty of a misdemeanor as provided by law. MW2- - 3 SECTION 29 WATER AND SEWER EQUIPMENT IN EXCLUSIVE CONTROL OF UTILITY DEPARTMENT The operation and maintenance of all buildings, equip- ment and apparatus belonging to the water and sewer systems of Indian River County shall be solely and exclusively in the charge of the County Administrator and Utility Division and shall not be molested, tampered with, or trespassed upon by any other person whatsoever. SECTION 30 PERMIT REQUIRED TO DRAW WATER FROM FIRE HYDRANTS A permit shall be required from the County Administrator or his designee before water is drawn from any fire hydrant or other service outlet, except by the fire department in the regular discharge of its duties, and only after arrangements have been made for payment to the County for water so drawn at a just and reasonable rate. SECTION 31 PROHIBITION AGAINST DAMAGING EQUIPMENT It shall be illegal and subject to the punishment pro- vided herein for any person to maliciously, willfully or negli- gently break, damage, destroy, uncover, deface or tamper with any structure, appurtenance or equipment which is a part of the Indian River County water or sewerage systems. SECTION 32 REQUIRED INSTALLATION OF BACK FLOW PREVENTION DEVICES All new residential, commercial or industrial customers requesting service from the Indian River County water system shall first be required to install back flow prevention devices for the protection of the Indian River County potable water system. Such devices will meet specifications adopted by the Indian River County Utility Department. SECTION 33 POWER AND AUTHORITY OF INSPECTORS The Utility Director and other duly authorized employees of Indian River County bearing proper credentials and identifica'* tion shall be permitted to enter upon all properties for the k . y-0 -23- APR- 4 1984BooK 56 ma "662 J APR 4 1984 BOOK 56 � PACE 663 N purpose of inspection, observation, measurement, sampling and testing in accordance with provisions of this ordinance. SECTION 34 DISCHARGE OF WATER IN SANITARY SEWERS No person shall discharge or cause to be discharged any stormwater, surface water, groundwater, roof runoff, subsurface drainage or unpolluted industrial processed waters into the Indian River County sewerage collection and treatment system. SECTION 35 PROHIBITING DISCHARGE OF SPECIFIED WASTE AND WA A. No person shall discharge or cause to be discharged any of the following described waters or waste into the County sewerage system. (1) Any liquid or vapor having a temperature higher than 150° F. (2) Any water or waste which may contain more than one hundred parts per million, or Mg/L, of fat, oil, or grease. (3) Any gasoline, benzene, naphtha, fuel oil, or other flammable or explosive liquid, solid or gas. (4) Any garbage that has not been properly shredded. (5) Any ashes, cinders, sand, mud, straw, shavings, metal, glass, rags, feathers, tar, plastics, wood, or any other solid or viscous substance capable of causing obstruction to the flow in sewers or other interference with the proper operation of the sewerage works. (6) Any waters or wastes having a pH lower than 6.2 or higher than 8.0, or having any other corrosive property capable of causing damage or hazard to structures, equipment, and personnel of the sewerage works. (7) Any waters or wastes containing a toxic or poison- ous substance in sufficient quantity to injure or interfere with any sewage treatment process, constitute a hazard to humans or animals, or create any hazard in the receiving waters of the sewage treatment plant. (8) Any waters or wastes containing suspended solids of such character and quantity that unusual attention or expense is -24- required to handle such materials at the sewage treatment plant. (9) Any noxious or malodorous gas or substance capable of creating a public nuisance. B. Interceptors; when required, expense of maintaining. Grease, oil, and sand interceptors shall be provided when, in the opinion of the Utility Director, they are necessary for the proper handling of liquid wastes containing grease in excessive amounts, or any flammable wastes, sand, and other harmful ingredients. All interceptors shall be of a type and capacity approved by the County Utility Division, and shall be located as to be readily and easily accessible for cleaning and inspection. Grease and oil interceptors shall be constructed of impervious materials capable of withstanding abrupt and extreme changes in temperature. They shall be of substantial construc- tion, watertight, and equipped with easily removable covers which when bolted in place shall be gastight and watertight. Where installed, all grease, oil and sand inter- ceptors shall be maintained by the owner, at his expense, in continuously efficient operation at all times. SECTION 36 WATER SHORTAGE EMERGENCIES This section shall be enforced from time to time by the Board of County Commissioners at any regular or specially called public meeting declaring that a water shortage emergency.exists in the County because of an impending condition and shall be enforced until such time as the County Commission at a regular or specially called meeting declares that the state of shortage no longer exists. A. Definitions. For the purposes of this section the following terms, phrases, words, and their derivations shall have the meaning given herein. When not inconsistent with the context, words used in the present tense include the future, words in the plural number include the singular number, and words in the singu- lar number include the plural number. The word "shall" is always mandatory and not merely directory; (1) Countv is Indian River County, Florida. a y -25- BOOK ' 5b' FACE 664 APR 1984 .v4 r SPR 4�'-4 �� BOOK 56 : PAGE 665- (2) Person is any person, firm, partnership, associa- tion, corporation, company or organization of any kind. (3) Water is water from the County water supply system. B. Application of regulations. The provisions of this section shall apply to all persons using water in the County regardless of whether any person using water shall have a contract for water services within the County. C. Certain uses prohibited. The use and withdrawal of water by any person between the hours to be designated by the County Commission in its declaration that a state of emergency exists for the following purposes is hereby prohibited: (1) Watering yards. The sprinkling, watering or irri- gating of shrubbery, trees, lawns, grass, ground cover, plants, vines, gardens, vegetables, flowers, or any other vegetation. (2) Washing mobile equipment. The washing of'automo- biles, trucks, trailers, trailer -houses, or any other type of mobile equipment. (3) Cleaning outdoor surfaces. The washing of side- walks, driveways, filling station aprons, porches and other out- door surfaces. (4) Ornamental fountains. The operation of any orna- mental fountain or other structure making a similar use of water. (5) Swimming pools. Swimming and wading pools not employing a filter and recirculating system. (6) Escape through defective plumbing. The escape of water through defective plumbing, which shall mean the knowing permission for defective plumbing to remain out of repair. D. Exception to maintain sanitation and to provide for hardship cases. The County Administrator shall have the authority to permit a reasonable use of water in any case necessary to maintain adequate health and sanitation standards. Any user of water for business purposes may apply for a temporary permit from the County Administrator for relief from the provisions of this section provided a written request for authorization to use water shall indicate that a hardship exists, and the nature of the =26- M hardship. The discretion of the County Administrator in issuing a temporary permit to a business user shall be final, except that in the event a temporary permit is not issued by the County Administrator, the business user may appeal to the County Commission for relief from the provisions of this section, at its .next regular scheduled meeting. E. Enforcement. (1) Sheriff's officer enforce. Every Sheriff's officer of the County shall, in connection with his duties imposed by law, diligently enforce the provisions of this section. (2) Discontinuance of service and penaltv fees. The County Administrator shall have the authority to enforce the provisions of this section by the discontinuance of water service in the event of violation hereof. All water used in violation of a declaration of water shortage shall be billed at three (3) times the regular rate. SECTION 37 WELLS AND LAWN SPRINKLER SYSTEMS A. No cross connections between the County's water supply system and any other water supply system shall be allowed. B. All sprinkler systems using the County's water system as a source shall have a check valve so installed as to prevent back drainage from the sprinkler system into the County water system. C. All residential and commercial sprinkler systems shall be inspected and approved by the County Building Department before initial.operation. D. All potable water wells shall be inspected by the County Health Department upon payment of such fee as established by the Board of County Commissioners. Wells shall be installed in accordance with the Florida Safe Water Drinking Act and shall meet the standards outlined in the appropriate DER HRS or St. John's River Water Management District regulations. SECTION 38 PENALTIES Any person, firm or corporation or anyone acting in -27- BOOK ; 56 PAGE,666 AR 4 1984 APR 4 1994 BOOK' S& PACE667'. r behalf thereof who shall violate or fail.to comply with any of the provisions of this article shall, upon conviction, be punished by a fine not to exceed five hundred dollars ($500.00). The Board of County Commissioners may enforce the provisions of this article by seeking injunctive relief or any other remedies provided by law. SECTION 39 REPEAL OF CONFLICTING PROVISIONS All previous ordinances, resolutions, or motions of the Board of County Commissioners of Indian River County, Florida which conflict with the provisions of this ordinance are hereby repealed to the extent of such conflict. All Special Acts of the legislature applying only to the unincorporated portion of Indian River County and which conflict with the provisions of this ordi- nance are hereby repealed to the extent of such conflict. Specif- ically, Section 24-31 through and including Section 24-67 of the Code of Laws and Ordinances of Indian River County including ordinances numbered 80-13, 80-21, 80-22, and 82-22 are hereby repealed in their entirety and Section 1 through 38 of this ordi- nance shall be inserted in their place according to.Section 40 hereof. SECTION 40 INCORPORATION IN CODE The provisions of this ordinance shall be incorporated into the County Code and the word "ordinance" may be changed to "section", "article", or other appropriate word, and the sections of this ordinance may be renumbered or relettered to accomplish such .intentions. SECTION 41 SEVERABILITY If any section, part of a sentence, paragraph, phrase or word of this ordinance is for any reason held to be unconstitu- tional, inoperative or void, such holdings shall not affect the remaining portions hereof and it shall be construed to have been the legislative intent to pass this ordinance without such uncon- stitutional, invalid or inoperative part. =28- o SECTION 42 EFFECTIVE DATE. The provisions of this ordinance shall become effective upon receipt from the Florida Secretary of State of official acknowledgment that this ordinance has been filed with the Department of State, or May 1, 1984, whichever is the later -date. Approved and adopted by the Board of County Commissioners of Indian River County, Florida on this 4th day of April, 1984. BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY By DON C. SCURLOCK, JR. Chairman Acknowledgment by the Department of State of the State of Florida this 23rd day of April , 1984. Effective Date: Acknowledgment from the Department of State received on this 27th_ day of April , 1984, at -1 n.� A:M./P.M. and filed in the Office of the Clerk of the Board of County Com sioners of Indian River County, Florida. APPROVE S T FO D LEGAL FFIC N By. G AR D 6', County Attorney APR1984 -29- BOOK 56 PAcE668 A P R 4 1984 RATES AND CHARGES Water Minimum Charge (Includes No Consumption) BOOK 56 FAGF 66;'' Base Facilities Charge......... .............$5.34/ERU Customer Charge: ............................... 1.82/Meter Volume Charge,,,. , ...........................1,99/1,000 gallons Water Production Charge.............................1.72/1,000 gallons Sewer Minimum Charge (Includes No Consumption) Base Facilities Charge ..................... .1.53/ERU Customer Charge................................1.84/Meter *Volume Charge.......................................2.86/1,000 gallons *Only applied to first 12,000 gallons of Water Consumption on each Residential ERU. SPECIFIC SERVICE CHARGES Water Service Connection 5/8" Meter...................................$345.00 1" Meter........... ................... .402.00 1 1/2" Meter....................................706.00 Larger than 1 1/2" Meter ...................... .Cost Plus Overhead Sewer Service Connection Residential Unit............................$440.00 Commercial and Other .........................Cost Plus Overhead Meter Installation 5/8" Meter....................................115.00 1" Meter....................................170.00 1 1/2" Meter....................................440.00 2" Meter...... ........................ ...550.00 3" Meters andabove...........................Cost plus Overhead Fire Hydrant Meter...........................15.00 Reconnect (Turn -on Fee) During Working Hours ,,,,,,,,,,,,,,,,,,,,,,,,,,12.00 After Working Hours...........................21.00 Meter Reread and Leak Inspection ...................12.00 Delinquency Charge (Late Payment Processing) ........ 1.50 Plus 1 1/2% General Service Calls.............................Cost Plus Overhead Meter Calibration (deter Testing) 5/8" Meter.....................................15.00 1" Meter.. ............ ,, 15.00 1 1/2" Meter orLarger„,,,,,,,,,,,,,,,,,,,,,,Cost plus Overhead Damage Repair (Repair Water & Sewer Break),,,,,,,, 100.00 Plus Cost Engineering Services Site Plan Review Under 40 units without a liftstation..... 50.00 Minimum Over 40 units or a deve.lonment with liftstation...........................150.00 Minimum _ APP "A” P. Inspection Fee r Residential or Commercial Water....................................20.00/Per ERU Sewer.. .... .. .. ...................20.00/Per ERU Hydrant.Flow .................50.00/Test. Annual Fire Protection Charge 2" Meter .......................... .... .24.00 3" Meter......................................49.50 4" Meter... .. .. .75.00 6" Meter or.Fire ............. ......150.00 8" Meter.....................................240.00 Impact Fee Water........................................380.00/ERU Sewer........................................540.00/ERU OTHER De op sits Residential or Commercial Water .......................... ........40.00/Per ERU Sewer....................................40.00/Per ERU Hydrant Meter................................30D.00 ±' L Charge For Returned d Checks . g ......... .,.........10.00/Per Check Issuing a Duplicate Bill .. ........................1,00 Water Tapping Charge 3/4" Line. ......... .....................186.50 1" Line....... .. ....................186.50 1 1/2" Line... .... .......................205.00 21'' Line and Over.... ......................Cost plus Overhead Sewer Tapping Charge 4" Line ............. .......................Cost Plus Overhead Above 4".....................................Cost Plus Overhead Replace Meter 5/8" Meter . ....................................85.00 1" Meter.....................................110.00 1 1/2" Meter.. .................................265.00 2" and Above.................................Cost Plus Overhead Removal of Meter - 5/8" Meter.......... ..........................25.00 1" Meter... . ......................25.00 1 1/2" Meter and Above ............................35.00 Paved Road Cuts...................................175.00 Minimum (Cost Plus Overhead) Road Jacking and Boaring................. .......Cost Plus Overhead Installation of Water and/or Sewer................Cost Plus Overhead Grass Restoration........... ....................Cost Plus Overhead Fire Hydrant Meter Installation ....................15.00 Unauthorized Use of Fire Hydrants..... ... ....100.00 Unspecified Services .................... ........Cost Plus Overhead -2- Bm 56; PAGE 670 APS 4 1984 APR 4 1984 Franchises BOOK 56 PAGE 671 Application Fee...............................44.00 Minimum* Established Franchise... ...................956.00 Minimum* Franchise Name Change........................100.00 Minimum* Franchise Territory Change ...................100.00 Minimum* Change of Ownership 49 Units or Less............ .......100.00 Minimum* 50 Units or More... ....................250.00 Minimum* Rate Hearing 49 Units or Less ........................250.00 Minimum* 50 Units or More ........................500.00 Minimum* Public Hearing...............................100.00 Minimum* *Expenses incurred in excess of the minimum will be billed at cost plus overhead. There being no further business, upon Motion duly made,. .seconded and carried, the meeting adjourned at 8:58 o'clock P.M. ATTEST: Clerk Chairman 25 poor 56 FAGF 672