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3007 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 --2-- 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. --3-- 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 --4-- 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 --5-- 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.