HomeMy WebLinkAboutResolution_56-99/00_04/13/2000•
RESOLUTION N0. 56-99/00
A RESOLUTION OF THE VILLAGE COUNCIL OF
THE VILLAGE OF TEQUESTA, PALM BEACH
COUNTY, FLORIDA, APPROVING THE RETAIL
WATER SERVICE AND FRANCHISE AGREEMENT
WITH THE TOWN OF JUPITER INLET COLONY TO
PROVIDE WATER SERVICE TO JUPITER INLET
COLONY AND THE RETAIL CONSUMERS THEREIN,
AND AUTHORIZING THE VILLAGE MANAGER TO
EXECUTE THE APPLICABLE AGREEMENT ON
BEHALF OF THE VILLAGE.
•
NOW, THEREFORE, BE IT RESOLVED BY THE VILLAGE
COUNCIL OF THE VILLAGE OF TEQUESTA, PALM BEACH
COUNTY, FLORIDA, AS FOLLOWS:
Section 1. A Retail Water Service and Franchise
Agreement with Jupiter Inlet Colony of Jupiter,
Florida, attached hereto as Exhibit "A" and
incorporated by reference as a part of this
Resolution is hereby approved and the Village
Manager of the Village of Tequesta is authorized
to execute the same on behalf of the Village of
Tequesta.
THE FOREGOING RESOLUTION WAS OFFERED by
Councilmember Schauer who moved its
adoption. The motion was seconded by
Councilmember Genco and upon being
put to a vote, the vote was as follows:
FOR ADOPTION AGAINST ADOPTION
•
Joseph N. Ca~retta
Basil E. Dalack
Geraldine A. Genco
Elizabeth A. Schauer
Sharon D. tiValker
The Mayor thereupon declared the Resolution duly
passed and adopted this 13th day of April, A.D,
2000.
•
MAYOR OF TEQUESTA
~`i:G_
l/ ~ . _.
•
nmh/
ATTEST:
~.
oann Mangan llo
Village Clerk
/kv
/mydocuments/resolutions/resolution JIC Franchise Agreement 4-13-00
• RETAIL WATER SERVICE AND FRANCHISE AGREEMENT
This Retail Water Service and Franchise Agreement (hereinafter referred to as the
"Agreement"), is made and entered into by and between the VILLAGE OF TEQUESTA,
a Florida municipal corporation (hereinafter referred to as "Village"), and JUPITER INLET
COLONY, a Florida municipal corporation (hereinafter referred to as "Colony"):
WITNESSETH:
WHEREAS, the Village has provided water to retail consumers within the Colony
pursuant to a certain franchise granted by the Colony to the Village by Colony Ordinance .
34-70-1, and an agreement of the parties dated May 25, 1970 (the "Franchise"); and
WHEREAS, the above referenced franchise is scheduled to expire on May 23,
2000; and
• WHEREAS the Village and the Colony desire to continue with a franchise
agreement and enter into this Retail Water Service and Franchise Agreement to explicitly
set forth the terms and conditions pursuant to which the Village will continue to provide
water to the Colony and retail consumers within the Colony.
NOW, THEREFORE, in consideration of the mutual benefits to be derived by the
parties, the adequacy and sufficiency of which is hereby acknowledged, the Village and the
Colony covenant and agree as follows:
SECTION I
GRANT OF FRANCHISE
A. The Colony hereby grants to the Village and the Village hereby accepts the
exclusive right and privilege to provide water to the Colony Consumers for potable and
• non-potable purposes through the Water Distribution System (the "Franchise"). The
• territory to which the Franchise is applicable is all geographical territory within the municipal
limits of Jupiter Inlet Colony, Florida, as of the effective date hereof, as such date is
hereinafter defined. The Franchise shall include the right to erect, construct, operate,
maintain and improve the Water Distribution System in the Colony and to lay and maintain
any lines, pipes, mains, service connections, meters, and other appurtenances necessary
therefor, in, along, under, and across any public alley, street, road, easement and highway
of the Colony. The Colony acknowledges and agrees that the Village currently provides
water to the Colony Consumers for all purposes through the Water Distribution System and
shall continue to provide water for all purposes for the term of this Agreement. The ~Ilage
and the Colony hereby accept such rights and privileges and the obligations set forth
herein that accompany the retail sale of water to the Colony Consumers.
• B. The Colony acknowledges that the Water Distribution System is owned by
the Village, including any portions of the system which may have been or shall be
constructed by third parties and dedicated to the Village and including any portions of the
system which may be constructed, renewed or replaced under the terms of this Agreement.
The Colony further acknowledges that all facilities located within the Village or other areas
which may directly or indirectly serve the Colony are exclusively owned by and are the
property of the Village (the "Village Facilities"). The Colony agrees that the Colony has no
right, title or interest in the Village Facilities and may not make any claim now or in the
future to the Village Facilities.
•
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• SECTION II
TERM
The term of this Agreement shall be for a period of thirty (30) years from the
Effective Date (the "Initial Term").
SECTION III
RATES
A. Rates. Colony Consumers shall be billed in accordance with the policies and
procedures approved by the Village in its rate ordinance as set forth in Exhibit "A" attached
hereto (Ordinance No. 547), as said ordinance or ordinances may be amended from time
to time.
B. Surcharge. Pursuant to the previous Water Franchise Agreement between
• the Colony and the Village, dated May 25, 1970, a surcharge shall not be applied to the
rates charged to users of water in the territorial limits of the Colony.
SECTION IV
QUALITY OF SERVICE
The operation and maintenance of the facilities described herein shall be in
compliance with the quality standards for drinking water as set forth in rules, regulations,
and standards now or hereinafter adopted by the United States Environmental Protection
Agency (EPA), the Florida Department of Environmental Protection (DEP), the Florida
Department of Health and Rehabilitative Services (HRS), the SFWMD, and such other
govemmental bodies which have jurisdiction over such matters. The water provided by the
Village within the Colony shall conform to the requirements of applicable drinking water
• standards as set forth by the governmental bodies mentioned above.
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• SECTION V
SUPPLY OF SERVICE
A. The Village shall provide service to any and all Colony Consumers in
accordance with all ordinances, rules, regulations, and levels of service established by the
Village's water utility as may be amended from time to time.
B. The Colony agrees to require developers of buildings hereafter established
in the Colony, where the extension of water mains are required, to provide any necessary
installation of water mains and facilities within such development at the developer's own
expense and in accordance with all applicable rules, regulations and ordinances of the
Village, as same may be amended from time to time; to make adequate provisions for
inspection, approval, and acceptance of such facilities by the Village and to require that
• such facilities be dedicated to the Village and become a part of the Water Distribution
System.
C. The Colony agrees to use its best efforts to protect the integrity of the Water
Distribution System by complying with the Village's ordinances, resolutions and regulations
relating to such. For all water connections within the Colony, the Colony shall agree to
recognize and comply with the Village's backflow prevention policies and procedures as
same may be amended from time to time, and in the same manner as compliance is
required and applied within the Village.
D. The Colony agrees that all impact fees, reservation of capacity and
connection charges of the Village for connection to the Water Distribution System within
the Colony are the property of the Village.
•
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. E. All plans and specifications for construction of new facilities shall meet
applicable Village criteria and shall meet or exceed industry standards for pressure,
infiltration, exfiltration, line and grade, and all other standard engineering tests. All such
construction shall be of a size and condition to satisfy the long range and reasonably
anticipated future needs of each of the parties hereto. Each party shall supply to the other,
as needed, the appropriate easements for ingress and egress in order to properly own,
operate, maintain and control the subject facilities.
SECTION VI
MAINTENANCE
A. The Village shall maintain at the Village's sole expense the Water Distribution
System in the same manner as it maintains its in-Village water distribution system.
• Maintenance items shall include, but not be limited to, repair of main leaks, repair of
valves, replacement of individual malfunctioning valves, replacement/adjustment of
damaged meter boxes, replacement/repair of fire hydrants, and replacement/repair of
service laterals and meters.
B. The facilities shall be located or relocated and so erected so as to interfere as
little as possible with traffic over the streets, alleys, bridges and public places within the
Colony and with reasonable egress from and ingress to abutting property. The location or
relocation of facilities shall be made only after written notice to and under the supervision
and with the approval of such representatives as the governing body of the Colony may
designate for the purpose, but not so as to unreasonably interfere with the proper operation
of the Village's facilities and service. When any portion of a street is excavated by the
• Village in the location or relocation of any of its facilities, the portion of the street so
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• excavated shall, within a reasonable time and as early as practicable after such
excavation, be replaced by the Village at its expense and in as reasonably good condition
as it was at the time of such excavation.
C. Village shall apply far and obtain a permit from Colony prior to commencing any
of the following installation, maintenance or repairs:
1. Work on one hundred (100') feet or more of water main; or
2. Any work which requires a roadway cut or opening; or
3. Any work which conflicts with or disturbs the storm drain system of
Colony.
The application for permit shall describe the project or work to be performed, the location,
the type of material to be used, the proposed starting date and completion date, and such
• other information as may be requested by the Colony's Building Commissioner. No fee
shall be charged for such a permit. In the event of an emergency repair involving work
specified in C. 1 through 3 above, ~Ilage may immediately make said repair after notifying
the Town's police department of its intention to make said repair and Village shall obtain
permit following conclusion of the work.
SECTION VII
DEFAULT
In the event of a breach or default by either party to this Agreement, the other party
shall have all rights to enforce the terms and conditions of this Agreement which are
available at law or in equity including, but not limited to, specific performance.
•
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• SECTION VIII
HOLD HARMLESS CLAUSE
To the extent permitted by law, and subject to the limits, defenses, and immunities
provided by Florida Statutes, Section 768.28, the Village shall during the term of this
Agreement indemnify and hold harmless the Colony, its Council members, agents, and
employees from and against any loss sustained by the Colony on account of any suit,
judgment, execution, claim, or demand whatsoever resulting from negligent acts on the
part of the Village or its employees under the terms of this Agreement.
This Section shall not be construed as a waiver of any right or defense that either
the Colony or the Village may have pursuant to Section 768.28, Florida Statutes, as
amended from time to time.
• SECTION IX
MISCELLANEOUS PROVISIONS
A. This Agreement shall be executed in four (4) counterparts, each of which
shall be considered an original.
B. Whenever one party gives notice to the other party concerning any of the
provisions of this Agreement, such notice shall be given by certified mail, return receipt
requested. Notice shall be addressed as follows:
VILLAGE OF TEQUESTA
c/o Village Manager
Post Office Box 3273
Tequesta, Florida 33469-0273
7
• With a copy to:
Village Attorney
Post Office Box 3273
Tequesta, Florida 33469-3273
JUPITER INLET COLONY
One Colony Road
Post Office Box 728
Jupiter, Florida 33469
With a copy to:
Jupiter Inlet Colony Attorney
Post Office Box 728
Jupiter, Florida 33469
C. This Agreement shall be construed in accordance with the laws of the State
of Florida. The parties agree that any and all actions arising under or in respect to this
Agreement shall be litigated in a state court of competent jurisdiction in Palm Beach
County, Florida.
D. Each party will, at any time and from time to time after the Effective Date,
upon request of the other party, execute, acknowledge, and deliver or will cause to be
executed, acknowledged and delivered, all such further acts, assignments, transfers,
powers of attorneys and assurances as may be required in order to implement and perform
any of the obligations, covenants, and agreements of the parties herein.
E. It is agreed by and between the parties hereto that all words, terms, and
conditions herein contained are to be read in concert, each with the other, and that a
provision contained under one section or sub-section herein may be considered to be
equally applicable under another in the interpretation of this Agreement.
F. In the event the ~Ilage is delayed in the performance of any of its obligations
under this Agreement as a result of strike, lockouts, wars, unavailability of materials, floods,
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• unusual weather conditions, government regulations and acts, or other causes beyond the
Village's reasonable control, then the time for the performance of any such obligation so
delayed shall be extended for the period of such delay.
G. In the event that any action is filed in relation to this Agreement, the
unsuccessful party in the action shall pay to the successful party, in addition to all the sums
that either party may be called on to pay, a reasonable sum for the successful party's
attorney fees and costs.
H. The invalidity of any portion of this Agreement will not and shall not be
deemed to affect the validity of any other provision. In the event that any provision of this
Agreement is held to be invalid, the parties agree that the remaining provision shall be
deemed to be in full force and effect as if they had been executed by both parties
• subsequent to the expungement of the invalid provision.
I. This Agreement shall constitute the entire Agreement between the parties
and any prior understanding or representation of any kind preceding the date of this
Agreement shall not be binding upon either party except to the extent incorporated in this
Agreement.
J. Any modification of this Agreement or additional obligation assumed by either
party in connection with the Agreement shall be binding only if evidenced in writing signed
by each party or an authorized representative of each party.
K. The rights of each party under this Agreement are personal to that party and
may not be assigned or transferred to any other person, firm, corporation, or other entity
without the prior, express, and written consent of the other party, which consent shall not
• be unreasonably withheld.
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L. The titles to the paragraphs of this Agreement are solely for the convenience
of the parties and shall not be used to explain, modify, simplify, or aid in the interpretation
of the provisions of this Agreement.
M. Each party agrees not to take any action which would materially and
adversely affect the ability of such party to perform its obligations under this Agreement.
IN WITNESS WHEREOF, each party to this Agreement has caused it to be
executed this ~,, day of -~~ , 2000.
VILLAGE OF TEQUESTA
f~ CT ~ nl G- 1111.1, A ~ .-- 1„t A 1J fFG~(;-i'~
Attest:
• allege Clerk '
Approved a~ to legal form and content:
BY.
for V~iage of Tequesta
N:UCR\13153-03\Retail Water Agreement Jupiter Inlet Colony.wpd
•
JUPITER INLET COLONY
By
John R. Miner, Mayor
Attest:
Cl;j~ J y H. Long, own Clerk
form and
By ,
Attorney for Jupiter Inlet
William P. Doney
10
•
03'~.D~:hAI-:CE I;C~. 547
AN O,~:TT?.NCE Oli THE VILLAGE COUNCIL Ol~ 7'HP:
~~ILLAGE 03i TEQUESTE., PAL?vI B}sA.C%i C:C)UNTI', I'LORIDA,
AMENDf1~TG CHAPTER 18 O'r THE VILLAGE'S CODE OF
Jl'1~I?~?1'~.1~::~r`:,1','.^.TI1:, AT ~~.I~TIC'~,L T, SI3CT10.~' 18--3, SO /~`~
TO AMEND 1'I~E SCI-IEDULE OF RATES AND CHAKGES Tit
THE MANNER AND FORl~i PROVIDED HEREIN; PPOVIDING
1~OR SEVERABILITY; PROVIDING FOR REPE~.L OF
ORDINANCES IN CONFLICT; PROVIDING I~OR
CODIFICATION; PROVIDING AN EFFECTIVE DATE.
BE IT HEREBY ORDAINED BY THE VILLAGE COUNCIL OF THE VILLAGE. C)r
TEQUESTA, PALM BEACH COUNTY, FLORIDA, AS FOLLOWS: '
Section 1. Chapter 1 S of the Code of Ordinances of the Village of Tequesta relating to
1~'ater is Hereby anlended at Article I, Section 18-3, to.`read as follows:
"~e~.. 15-3. Same -Enumerated.
•
The schedule of rates and charges be, and. the same are hereby determined, as
follows:
(a) Monthly Service Churge:
(1) P.esidential and Non-Residential
C7
5/8-inch meter ~ 10.31
3/4-inch meter ~ ~ 10.31
1.0-inch meter 25.77
' 1.5-inch meter 51.65
2.0-inch meter 82.47
3.0-inch meter 154.64 .
4.0-inch meter 257.73
G.0-inch meter 515.46
(2) Metering of Multifamily Buildines (M.F.I. Where a single meter is
installed in a water connection serving a multifamily structure, the
minimum monthly service charge shall be not less than an amount
equal to the number of dwelling units multiplied by the minimurn
charge fora 5/8 inch meter or installed meter size, whichever is
greater.
C7
:r. tlr^ every tl,erc is a single ~i~etcrmeas~:ring quantities cfwaterfc.r
two (2) or more resides:tial units, the gallolis meastuecl and charg~.cl
pursuant to the terms of this section shall be prorated. by dividing the
total number of ga:ons me:~rcd by t%~e number of unit:~ i::cl~,~ded oit
tile- single rnctcr.
{3) Metering cif Multi-Unit Baildines-Non-Residential. In the case of
any no:ueside:aial multi-unit building housing more than one (1)
business a- entity, each business or entity thereir, shall be metered
individ-:ally. Montlily minimum service charges shall be based an
the established charge by meter size. Where an exiting single meter
is installed in a water connection,serving ttivo (2) or more businesses
" or entities, the minimum monthly service charge shall also be based
on the established charge by meter size. Fire protection charges for
fire lines shall be separately included. .
(b) Qe~a~etit}Rate. Applicable to all quantities ofwatershown bymeteri•eadings
to liavc been delivered.
(1) Residential accounts, including single-family and multi-family
service classifications, monthly:
For each 1,000 gallons or fraction thereof. pursuant to the Quantity. .
Step Pate Table and applicable Gallonage Allowance Per Quantiiy
Step Rate Table appearing below: .
Quantity Step Rate
Step 1 $1.64 '
Step 2 ~ $2.75
Step 3 $3.74
Step 4 ~ $4.80
Gallonage Allowance Per Quantity Step Rate Tabte
• i
Meter Size Step 1 Step 2 Step 3 Sten 4
Inches
5/S ~ 1-1:!,000 12,001-25,000 25,001-40,000 above 40,000
3/4 1-12,000 12,001-25,000 25,001-40,000 above 40,000
1.0 1-30,000 30,001-62,000 62,001-100,000 abo~•e 100,000
2
•
itiiei" Size
J~~ches
1.5
2.0
3.0
4
G
Men 1
1-60,000
l -96,000
1-130,Ov^0
1-300,000
1-600,000
_^.;~ "l.
C.0,001-1?.6,000
96,001-200,000
150,00 ] -375,000
300,001.625,000
600,001-1,2s0,000
rtE._ 3
125,0 ~ 1-200,00
200,001-320,000
3""/s,001-600,000
G2S,001-1,000,000
1,2s0,001-2,000,000
ten 4
a~~ove ?.00,000
above 320,000
above 600,000
about 1,GQO,GOG
zbove 2,000,000
(2) Non-residential accounts, including commercial, government and
irrigation service classifications, monthly:
l~or each 1,000 gallons or fraction thereof pursuant to the Quantity
Step Rate Table and applicable Gallonage Allowance Per Quantity
Step Rate Table appearing belovsi.+
Quantity Step Rate
Step 1 51.64
Step 2 $2.7s
Step 3 53.74
Step 4 X4.80
Gallonage. Allo~+~ance Per~uantity Step Ratc Table
LJ
Meter Size
Inches
s/s
3/4
1.0
l.s
2.0
3.0
4
G
Step 1
1-12,000
1-12,000
1-30,000
1-60,000-
1-96,000
1-lso,ooo
1-300,000
1-600,000
Step 2
12,001-2s,000
12,oo1-2s,ooo
30,001-62,000
60,001-125,000
96,001-200,000
150,001-375,000
300,001-625,000
600,001-1,20,000
Step 3 _ Step 4
2s,001-40,000
25,001-4.0,000
62,001-100,000
12s,001-200,000
200,001-320,000
375,001-600,000
625,001-1,000,000
1,2s0,001-2,000,000
above 40,000
above 40,000
above 100,000
above 200,000
above 320,000
above 600,000
above 1,000,000
above 2,000,000
3
•
(3) I'~Ton-residea'ial Vill__ge ofTequesta 4ccounts, nlollti~ly:
For eacll 1,000 ga?'o~~s c:r fraction th~rcof S1.G~1
lIl the event there is z Ina:;ter meter Ini:asurin~ quantities of'~vater for
'ti'dQ (?) tiI 11i0:i: I't5:~:vJlilll lilllti, tllc f,~'1?C7Ii lia~8.`iat'C;i$1'!t~ C13::-f;'~C2
pursuant to the teens of this s'~ction shall be l;.,orated by dividing the
total gallons t;~ctere:l by the slumber of units included on the master
mete:.
(c) Dire Protectron Clra~ge.
(1) Village of 7'equesta -1lifonthly~fire protection charge of X110.00 per
hydrant per year divided by the total number of service connections
located within the Village, except for services used solely for
irrigation, plus all applicable taxes.
_ . ,,:
-_::.
ZC}
(?.) Ot11er areas -Monthly fire protection charge of ~110.U0 per hydrant
per year divided by the total number of service connections located
outside the Village, except for services used solely for imgation, plus
- all applicable taxes and surcharges.
•
(3) Private fire connections. The following monthly service charges
shall apply to private fire lines for sprinkling systerr~s or other fire
protection systems: .
Meter Size
inches Amount
2 $ ~ 7.08
3 16.17
4 ~ 29.31
G ~ 70.75
8 121.28
The expenses pursuant to this section including, but not limited to,
all connections to the water system shall be borne by the user. No
taps will be allowed which may be used for other than fire protection
purposes, and there shall be no connection with any other source of
~vater.
•
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•
Fire l~rote ;lion revenge pursl~r:~~a to t~cis section s?gall be utilized for,
but i~ not li7nitcd tc-, hydrr~Jt and hydrai;t v~ilve operation,
m. inter.~::c~ce a.JC? irnprc-vemen`s.. kevcnue ::hall also Ue taeci to. .
enforce and eJis~_rc that a niiniJnum of a three (3) foot ra:~ius of
clear~.nce exists around all fire hydrants any that no other obstni;.t;ons
,_ ,.
17JC1`i:;a iECCi:iS ~~.: ii;;,'UiJJ.iiiClid~.:i l:j t:: `.' .Si?a:.::i~il :'li- 1 i~.'S'CI';i:0ii
Code.
(d) ldeterlnstallc%tiore ChnrGe. E~~l water meters shall be installed by the Village
of Tequesta; and the charge for making such meter ilistallations or a
replacement of a meter of a different size upon request of t1Je customer shall
be as follows:
Meter Size
inches
_ _ s/s
3/4
1.0
1.5
2.0
Above 2.U
Meter.Installation Only
. ~:
" ~:
/!mount
$140.00
160.00
. 180.00
360.00
ss0.00
Achial Cost Plus 10%
Meter Installation with Water Main Tap
(Includes service line - maxinnun 100 L):a .
Meter Size
inches .
s/8
3/4
1.0
1.5
2.0
Above 2.0
Amocrnt
$460.00
480.00
s70.00
760.00
1,G40.00
Actual Cost Plus 10%
All meters installed remain the property of the water system.
• ii
C]
(o) hlterrr;nled Scnice.
(1) ?Zeco;ui~ctior cl=arg~s. 'i.'hcre sh«ll l;l, a l.er..onx~ecion cl;arge in ti-c;
~~Iroulit of four (4) times the ll;irimwn mo:lthly sen~ice charge fir the
rrsc~ttinv of any r-etcr which shall have been removed from service,
I1 rC~Gialo ]S Cll;iil Uia'::i~ iUViliul~ \' Gl'iaii~, 1.!Jiin~;i.
(2) Tr•n~rsfer ofsen~ice (tot i;rclzrding meter replacement). There shall be
a charge of tell dollars (~ 10.00) during regular working hours..
(3) Outside regltlm• }vorking hours. If the customer requests that the
work iu (1) or (2) above be done outside regular working hours, the
charge_shall be rivice the stated amount. •
•
(f) Capital Connection: Charge. Each new connection to the water system after
the effective date of this ordinance shall pay a capital colulection charge of
two thousand one hundred thirty dollars~'($2,130.00) for each Equivalent
Residential Unit or Connection (ERC) at the time oftlle application for anew
connection. Such payments shall go into a capital improvement fund which
shall be a separate fund to be used for capital improvements to the water
system or for payment of debt service on the water revenue certificates and
bonds.
Jn addition to the charge for making a meter installation or a replacerriellt of
a meter of a larger size upon the request of the customer, the customer must
also pay the difference in Cal:ital Coluiection Charges. If the customer
requests a meter installation or replacement of a smaller size the customer
forfeits the rigl ~t to a refund of the difference ill Capital Connection Charges.
The Village recognizes an ERC to be equal to 350 gallons per day (expressed
on an average~daily basis) for the water system.
Meter Equivalent Factors
Meter Size Equivalent Factor
5/8 . 1.00
3/4 1.00
1.0 2.50
1:5 ~ 5.00
2..0 8.00
3.0 15.00
~.,0 25.00
6.0 60.00
• u s
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(f;) T~iO):fl.^•1~)T?C::l Of ~S~l"Vi~;i'• Charges. If ~ *~y bi':1 for wat r service has not been
pa;d withil~ thirty (30) days fi+)r-.- t;af. date cflfilliag, a lrae p~.yr:.ent fee shell
be applied to zll past c_ue balances a<:~l ser~icr~ shall L- a disconr;ected after du.;,~
notice therec)f.
(il) i:i.'ill'ilj~ C~ JJil;il!:i. llhCii: Sh~ili 1,~; ~;:;;i?;IE~it:;' Ci~,l)UJI~ Of c,li~'y dJllcirci (~~Q.f'Gj
fc;;• each a,scount establisYlcd sifter t}iL effective date of t?-is Ordinance
requiring a five-eiglltli-inch meter to be paid at the tune of application for
• service. For all otrier meter sizes there shall be a security deposit equivalent
to tluee (3) times tiZe minimum rnonthly service charge far each account
established after the effective date of this ordinance to be paid at the tune of
application for service. The security. deposit is intended as security for
payment of any final bill prior to disconnection. In computing the•final bill
for an account, the. meter deposit shall L•e credited to that account. The
deposit will not bear interest.
U
(i) Meter sizing, relocation of meters, fire')iydrants and other appurtent~naes.
The water department reserves the right to determine the appropriate meter
size for each connection to the water system as referenced in American Water
Work Association (A.~'V.W.A.) Manual of Water Supply Practices M-6. If
any custorer requests that a meter, fire hydrant or any other water system
appurtenance be changed or relocated for their convenience, the customer
shall pay the actual cost plus ten percelit (10%) of such change or relocation,
including material, labor, equiprrlent, inspections, fees, overhead and
permitting.
(j) Emergency bulk water service. There is hereby established an emergency
service bulk water rate which shall be applicable to metered connections
specifically identified by the village as emergency interconnections. The
emergency service bulk water rate is hereby established at one dollar and
forty-two cents ($1: 42) per one thousand (1,000) gallons. This rate shall be
reviewed periodically and revised. as necessary based upon changes in the
operating, maintenance or purchase water costs.
(k) Capacity Reservation Fee. Each new connection to the water system which-
has paid a capital improvement charge at the time of application for a new
connection shall pay a Capacity Reservation Fee for each equivalent
residential connection which has not-been transferred to a customer or tenant
and considered as an active account. The Capacity Reservation Fee shall be
billed monthly to all those applicants ~vho possess permits- authorizing
connection to the Village's water system or facilities. All applicants who
•reserve capacity or hold 'water service and/or developer agreements
authorizing connection to the Village water facilities shall begin paying the
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Capacity Reservatio;~ Fr ~ i:pon ilf erfetitive elate c~f p:~ssa;*c: of this
Ordinance.
1'llc rlonthly Capacity P.eservation Fee sl: all be seven dollars and ih irty-rivo
cc,~its ($7.?2) per equiva'_ei~t residential connection. Ail unpaid Capacity
i~:cser~atic~ii i'. w:; si:~_:1 uccruc anu no co:~n~;;tici~ snaa h=:• a] o~~=cci to tt~::
Village's water facilities until all such unpaid accrued fees related to said
applicant or their assigns have been pai:I i7 full ley the applicant o: their
assigns. The obligation to continue payment ~of the Capacity Reservation
Fees for a particular ERC of capacity shall terminate upo~i connection of that
particular ERC of capaci ty to the Village water system. The Village reserves
the right to enforce the Capacity ofReservation Fee through Special Master
proceedings. . ' ~ .
•
(1) Ar~toinalic Annual Rate Adjustme~:t. The Village adopts annually, effective
with bills rendered on and after October 1,.1999, and each year thereafter an
automatic annual index rate adjustiment fo~`all of the rates, fees and charges as
contained in Section 18-3 to be applied to such rates which are in effect
immediately prior to the effective date of each annual increase. The annual
index rate zdjustment sha]I bc. equal to the application ofthe GonsumerPrice
Index from the Bureau of Labor Statistics Southeasteni Regional Office as
defined in May of each and every year, per. the Aiuit:al Index Rate
Calculation appealing in paragraph (mj, applied to the level of operating
expenses as generally defined by commonly accepted accounting principles;
exchisive of bulk water purchases, currently being covered in such rates for
water service.
(m) Annual Index Rate CalcT~lation. Fiscal Year Operating Expenses less the
Estimated Cost of Purchased Water equals the Net Operating.Expenses.The
Net Operating Expenses tunes the Consumer Price Index (in May of each
year) equals the Index Adjustment Amount. The Index Adjustment Amount
divided by the Fiscal Year Revenue from the sum of the Minimum Monthly
Service Chazges and the Quantity Rate equals the Price Index Rate
Adjustment (rounded and carried to the one-hundredths place) to be applied
to the charges, fees and rates pursuant to this section.
Aru~ual Index Rate Calculation
The Anmial Price Index Rate Adjustment is calculated using the consumer Price
Index as follows:
Fiscal Year Operating Expenses -Cost of \'~'ater Purchased = I~'et Operating
Expenses .
• ii a
•
(I`Tet O! crating; Expenses)(Const?r,1crfrice Ins?ex) =Index lLdjusfi?ent /'L-nount
lydcx Aa;~ _sfi;ent Am~un _~ Price J~~dex Rats Adjustment
Fiscal S'e:.r Rev~rue fiam iv~onthl}' User Charges
(n) I''atrrl'n:cfrictio:t Srn•chnr~ end,%;~,rtme~tt. Irt tt?e ~~-ent that the Sntttl? }'lorJC?a
Dater Management District cr other authority having jurisdiction declaros a
water shortage requiring rnandatory curtailment to the extent of a l5%
reduction in water usage, the consumption charges listed above shall be
increased 18%. In the event that a reduction of water use in excess of 15%
is required, the Village Council may estaUlish by ordinance an appropriate
surcharge based upon a recommendation of the Village Manger as to the
revenue required to comply with debt service covenants or to meet other
requirements of the water system.
(o) Miscellaneous Fees. The following miscellaneous charges are hereby
:,,.
~- ,~..• .
imposed: ~ ` F`
Initial Meter Turn On (New Accounts) $25.00
Meter Turn On/Off at Customer F.equest $15.00
Meter Turn Off at Terniinatiori of Account .5 0.00
Meter Turn On/Off for I\Ton Payment (all meter sizes) 540.00
Transfer of Service . $10.00
Metcr Reread ~ - 510.00
Field Premises Visit 515.00
Line Location Services $40.00
Meter Test Charge
5/8 ~ 545.00.
3/4 $45.00
1.0 555.00
1.5 ~ 565.00
2.0 590.00
Greater than 2.0 actual cost plus 10%
(If meter does not register within accuracy limits, the meter test
charge. will not be charged)
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1'eturnee Clr.-:cl: Fee The greater of 520.00 or 5% of the face amount
of the checi:, not to exceed 5~ 0.00, per rettuncd
check
Ilan Itievew Fee 3% ofccnshuctioti cost, 5150.00 minimarn
I,atc Payment Fee 1 % of celinquent amount, X5.00 minimum
(}~) Normal business hours. All rates, charges ari~i.fees pursuant to this section
arc double the amount indicated if work is performed after nom~al business
hours (Monday through Frida}~, 5:30 a.m. to 5:00 p.m.), or on weekends and
holidays.
(q) Taxes and surcharges. All rates, charges and fees pursuant to this section do
not include the application of any applicable taxes and surchu-ges."
.: ~:..
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Scction 4. S~everability. If any provision of this Ordinance or the application thereo; is
held invalid, such invalidity shall not affect the other provisions or applications of this Ordinance;
which can be given effect without the invalid provisions or applications, and to this end, the
provisions of this Ordinance are hereby declared severable.
Section 5. Repeal of Ordinances in Conflict. All other ordinances of the Village of
Tequesta, Florida, or parts thereof which conflict with this or any part of this Ordinance are hereb•;~
repealed.
Section 6. Codification. This Ordinance shall be codified and made apart ofthe official
Code of Ordinances of the Village of Tequesta.
Section 7. Efl'ectiveDate. This Ordinance shall take effect immediatelyupon its passage
and approval, as provided by law.
THE FOREGOII~TG
llansen ,
Councilmember D a 1 a ck
follows:
FOR ADOPTION
ORDINANCE was offered by Councilmember
who moved its adoption. The Ordinance was seconded by
- ~ and upon being put to a vote, the vote vas as
Joseph N. Capretta
Basil E. Dalack
AGAINST ADOPTION
ii ,o
C
Carl C. };an~r:>
Ron T. A4ackai.l
The Mayor thereupon declared the Ordinance duly pass:.d and adopt~•d this 21st da,.
of September, 1999.
MAYOR OF TEQUESTA
IZon T. Mackail
" ~.
C J
ATTEST:
d
~lage Glerk
A':VCR\131530RD\\Yatct Tate 9-99.wpd
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