HomeMy WebLinkAbout3007 ORDINANCE NO. 3007
AN ORDINANCE OF THE CITY OF SANFORD, FLORIDA, BY
ENDING CHAPTER 28 OF THE CODE OF ORDINANCES OF
THE CITY OF SANFORD, FLORIDA TO REGULATE AND FIX
THE SCHEDULE OF RATES AND CHARGES TO BE COLLECTED
BY THE CITY OF SANFORD, FROM THE OWNERS OF
PROPERTY SERVED BY THE CITY OF SANFORD'S SEWAGE
TREATMENT FACILITY; REPEALING ALL ORDINANCES IN
CONFLICT HEREWITH; PROVIDING FOR SEVERABILITY,
CONFLICTS AND EFFECTIVE DATE.
WHEREAS, it is the desire of the City Commission of the City
of Sanford, Florida to am %d Chapter 28, Water, Sewers and Sewage
e
Disposal and Reclaimed Water Reuse, of the City Code.
NOW, THEREFORE, BE IT ENACTED BY THE PEOPLE OF THE CITY OF
SANFORD, FLORIDA:
SECTION 1: Section 28-23 of the Sanford City Code will be
amended by adding the following paragraphs.
For the use of and the service rendered by
said sewage works, rates and charges shall be
collected from the owners of each and every lot,
parcel of real estate or building that is
connected with the City's sewer system or
otherwise discharges sanitary sewage, industrial
wastes, water or other liquids, either directly or
indirectly, into the sewer of the City, which
rates and charges shall be payable as hereinafter
provided and shall be in the amount determinable
as follows:
Separate meters. There shall be provided by
the owner a separate meter for each single family
living unit and business unit connected to the
water system of the City of Sanford, Florida.
Ann,ml Rate Notification. Annual
notification shall be given to each user of the
rates being charged.
SECTION 2: Section 28-24 of the Sanford City Code is
amended by adding the following paragraphs:
(d) Where a metered water supply is used for
fire protection as well as for other uses, the
City may, in its discretion, made adjustments in
the user charge as may be equitable.
(e) For the service rendered to the City,
the City shall be subject to the same rates and
charges hereinabove provided or to rates and
charges established in harmony therewith.
SECTION 3: Section 28-25(b) of the Sanford City Code is
deleted in its entirety and new Section 28-25(b), 28-25(c) and
28-25(d) is added to read as follows:
(b) In order that the rates and charges may
be justly and equitably adjusted to the services
rendered, the City shall base its charges not only
on volume but also on the strength and character
of the sewage and waste which it is required to
dispose of. The City shall require the owner or
other user to measure and determine the strength
and content of all sewage and waste discharged,
either directly or indirectly, into the City's
sewer system in such manner and by such method as
may be deemed practical in the light of the
conditions and attending circumstances of the case
in order to determine the proper charge. The
owner or other user shall furnish a central
sampling point available to the City at all times.
(c) Extra charges based on the strength of
the sewage and liquid wastes shall be made on the
following basis:
Rate Surcharge Based Upon Suspended Solids
There shall be an additional charge of $0.20 per
pound S.S., or fraction thereof, of suspended
solids in excess of 200 milligrams per liter of
fluid.
Rate Surcharge Based Upon B.O.D.
There shall be an additional charge of $0.20 per
pound BOD or fraction thereof, of biochemical
oxygen demand in excess of 200 milligrams per
liter of fluid. The City Commission is authorized
to prohibit dumping of wastes into the City's
sewer system which, in its discretion, are deemed
harmful, or otherwise undesirable.
(d) Users outside the City limits shall pay
an additional twenty-five (25%) percent of the
amount derived from the above formula.
SECTION 4: There shall be added to the Sanford City Code
as Article IX - ANNUAL REVIEW AND ACCOUNTING PROCEDURES as follows:
Section 28-167: In order that rates and charges
for sewer services may remain fair and equitable
be in proportion to the cost of providing services
to the various users, the City shall cause a study
to be made within a reasonable period of time
following the first fiscal year of operation
subsequent to the completion of the improvement
project. Such study shall include, but not
limited to, an analysis of the costs associated
with the treatment of excessive strength effluents
from industrial users, volume and delivery flow
rate characteristics attributed to the various
users or user classes, the financial position of
the sewage works, and the adequacy of its review
to provide reasonable funds for operation and
maintenance, replacements and capital improvements
to the waste treatment system.
Thereafter on an annual basis, within a reasonable
period of time following the normal accounting
period, the City shall cause a similar study to be
made for the purpose of reviewing the fairness
and equity of the rates and charges for sewage
services on a continuing basis. Said studies
shall be conducted by officers and/or employees of
the City or by a firm of certified public
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Ordinance No. 3007
accountants and/or a firm of consulting engineers,
which firms shall be experience in these studies.
Section 28-168. Separate accounting procedures
shall be established for the collection, holding
and disbursement of revenues generated under this
ordinance. Revenues generated shall be retained
in a special replacement fund for the first year,
to be used as needed during the service life of
the treatment works for replacement of treatment
works equipment and collection system repairs as
needed to insure a complete and operabls treatment
system, capable of meeting the standards for which
it has been designed. This amount shall be
revised annually to reflect appropriate
replacement amounts.
Section 28-169. Replacement shall be recalculated
each year by reviewing the records maintained for
each piece of replaceable equipment, structures or
other property. If the previous year's
replacement value is determined to be adequate
based on the previous yearls operating records, it
shall remain the same. If it is anticipated
that the item will either cost more than
anticipated to replace at the end of its service
life, or if its service life shall be deemed
shorter than previously estimated, the replacement
value shall be increased. If it is anticipated
that the item's replacement costs will be less
than anticipated or if the service life is deemed
longer, the replacement value shall be decreased.
For the purposes defined herein, the annual
replacement value of an item shall be equal to its
estimated service life divided into its
replacement cost, less any amounts previously
accumulated.
Section 28-170. A Revenue Generation System shall
be required and may be updated as necessary to
reflect changing conditions, but shall remain in
effect in conformance with chapter 17-50 F.A.C.
The Revenue Generation System shall be designed to
produce adequate revenue for the following:
a) Operation and maintenance (including
replacement of equipment, accessories,
or appurtenances during the design life
of all treatment works necessary to
maintain design capacity and
performance) of the sewerage system, and
b) A sewerage system capital
improvement account to accumulate the
squivalent future value of the grant
amount as adjusted for inflationary cost
increases.
Revenue shall be deposited annually into the
sewerage system capital improvement account not
later than the end of each one year period
beginning with the date of initiation of operation
of the treatment works. More frequent deposits to
the capital improvement account may be made to
provide for early termination if in the best
interests of the City.
Annual certification by a certified public account
is required of the sewerage system capital
improvement account to verify that it is
maintained in accordance with Chapter 17-50 F.A.C.
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Ordinance No. 3007
SECTION 5: Section 28-82(19) of the Sanford City Code is
deleted in its entirety and new Section 28-82(19) is added to read as
follows:
(19) Industrial Wastes means any solid, liquid or
gaseous waste resulting from any process or excess
energy of industry, manufacturing trade or
business, or from the development, processing or
recovery, except for agricultural crop raising, of
any natural resource, as distinct from industrial
employees' domestic wastes or wastes from sanitary
conveniences (Normal Domestic Sewage).
SECTION 6: Sections 28-82(12), 28-82(23), 28-82(23),
28-82(24), 28-82(31), 28-82(33) and 28-(40) of the Sanford City Code
is hereby added and the subsequent paragraphs are hereby tenumbered
consecutively:
(12) Comaercial User shall mean any person owning
an establishment offering lodging, selling goods
(either retail or wholesale) or offering services
for sale.
(23) Normal Domestic So}rage shall mean a
combination of liquid and water carried wastes
resulting from activities common to residences and
generally having strengths not exceeding 200 mg/1
B0D and 200 mg/1 Suspended Solids.
(24) Operation and Maintenance Costs shall mean
the cash expenditures for normal operating
expenses, such as wages, supplies and materials,
fuels, insurance, services, etc.
(31) Replacement Costs shall mean the budget
allowances set aside to provide for cash
expenditures for procuring and installing units of
equipment or reconstructing appurtenances to
maintain or regain the capacity and performance
for which the treatment works were designed during
their useful life.
(33) Segregated Domestic Wastes shall mean those
wastes from non-residential users which are
generated from activities of a domestic nature and
which are measurable and/or set apart from
industrial discharge.
(40) Unit - Living Unit. A living unit in a
dwelling or facility or portion thereof providing
living quarters for a single family and shall
include each mobile home, each unit in a duplex or
multi-family dwelling or facility.
SECTION 7: There shall be added to the Sanford City Code
Article X - PERIODIC BILLING:
Section 28-171. The rates and charges shall be
prepared and billed by the City monthly, as the
City may deem appropriate and as determined by the
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Ordinance No. 3007
bylaws and regulations of the City as hereinafter
provided for, and shall be collected in the manner
provided by law and ordinance. Said rates and
charges will be billed to the tenant or tenants
occupying the property served unless otherwise
requested in writing by the owners, but such
billing shall in no way relieve the owner from
liability in the event payment is not made as
herein required. The owners of the properties
served, which are occupied by tenants, shall have
the right to examine the collection records of the
City for the purpose of determining whether such
rates and charges have been paid by such tenants,
provided that such examination shall be made in
the office in which said records are kept and
during the hours that such office is open for
business.
Section 28-172. All billings for charges due
under this Ordinance shall be payable within
twenty-five (25) days after mailing of bills. In
the event the charges for services rendered or
sewage accepted for treatment are not paid within
twenty-five (25) days of the date of billing, such
charges shall be deemed to be delinquent and shall
cause a lien to be filed against the real estate
upon or for which the services or products were
supplied. The City shall not supply further
services or products to that real estate until the
lien is released.
Section 28-173. The City shall make and enforce
such bylaws and regulations as may be deemed
necessary for the safe, economic and efficient
management of the City sewer and connections to
the sewer system, and for the regulations,
collection, rebating and refunding of rates and
charges.
Section 28-174. Except as otherwise provided, the
rates and charges as herein set forth shall become
effective on the date that sanitary sewers of the
sewer system are made available for connection to
any lot, parcel of real estate or building.
SECTION 8: Section 28-10 of the Sanford City Code is amended
by adding the following paragraphs:
The City is hereby authorized to prohibit dumping
of wastes in the City's sewer system which, in its
discretion, are harmful to the operation of the
sanitary sewer system or to require methods
effecting pretreatment of said wastes to reduce
the characteristics of the waste to levels
satisfactory to the City.
The City reserves the right to limit connections
to its system should insufficient capacity be
available in the treatment works.
SECTION 9: Section 28-91 of the Sanford City Code is
amended by adding the following paragraphs:
(m) The city is hereby authorized to prohibit
dumping of wastes in the City's sewer system
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Ordinance No. 3007
which, in its discretion, are harmful to the
operation of the sanitary sewer system or to
require methods effecting pretreatment of said
wastes to reduce the characteristics of the waste
to levels satisfactory to the City.
(n) The City reserves the right to limit
connections to its system should insufficient
capacity be available in the treatment works.
SECTION 10: If any section or portion of a section of this
ordinance proves to be invalid, unlawful or unconstitutional it shall
not be held to impair the validity, force or effect of any other
section or part of this ordinance.
SECTION 11: That all ordinances or parts of ordinances in
conflict herewith be and the same are hereby revoked.
SECTION 12: That this ordinance shall become effective
immediately upon its passage and adoption~
PASSED AND ADOPTED this~J//~day of ~ , A.D.
1990.
ATTEST:
~ity of Sanford~ ~lorida
"6'-
Ordinance No. 3007
CERTIFICATE
I, Janet R. Donahoe, City Clerk of the City of Sanford,
Florida, do hereby certify that a true and correct copy of the
foregoing Ordinance No. 3007, PASSED AND ADOPTED by the City
Commission of the City of Sanford, Florida, on the 23rd day of
July, 1990, was posted at the front door of the City Hall in the
City of Sanford, Florida, on the 24th day of July, 1990.
In witness whereof, I have hereunto set my hand and the
official seal of the City of Sanford, Florida, this 24th day of
July, 1990.
City of Sanford, Florida.