HomeMy WebLinkAboutAgreement_Water Service_05/04/2000 1
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
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 Village
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
governmental 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 for 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, Village 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
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• 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 Village 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 ' j 2000.
VILLAGE OF TEQUESTA JUPITER INLET COLONY
By By s L Z 2&z� u )
rcT%KG ,�� `� MAWA,64-M-
1 - 1 John R. Miner, Mayor
Attest: Attest:
• Wlage Clerk J CI r
J y H. Long, Qown Clerk
Approved as to legal form and content: Approved to -legal form and
co ten
By BY -
Attorney for V' age of Tequesta Attorney for Jupiter Inlet Co ny
William P. Doney f
N:VCR113153- 031Retail Water Agreement Jupiter Inlet Colony.wpd
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• ORD1'1\'AT: CE I ; C?. 54
AN O.RD:T'ANCE OF THE 'VILI.ACi� COUNCIL OF THE
VILLAGE OF TEQUESTA, PALM B1:A.CH COUNTY, FLORIDA,
AMENDTNG CHAPTER 18 OF THE VILLAGE'S CODE OF
01'J lR, ^.I , l'�! STI R, AT 10ZTJCL13 J, S13CT10N 18 --3, S0 A
TO AMEND TI -iE SCHEDULE- OF RATES AND CHARGES IN
THE MANNER AND FORM PROVIDED HEREIN; PROVIDING
FOR SEVERABILITY; PROVIDING FOR REPEAL OF
ORDINANCES IN CONFLICT; PROVIDING FOR
CODIFICATION; PROVIDING AN EFFECTIVE DATE.
BE IT HEREBY ORDAINED BY THE VILLAGE COUNCIL OF THE VILLAGE. OF
TEQUESTA, PALM BEACH COUNTY, FLORIDA, AS FOLLOWS:
Section 1. Chapter 18 of the Code of Ordinances of the'Village of Tequesta relating to
Water is hereby amended at Article I, Section 18 -3, io.iead as follows:
"See. 18 -3. Same - Enumerated.
The schedule of rates and charges be, and the same are hereby determined, as
• follows:
(a) Monthly Service Charge: -
(1) T' : esidential and Non- Res
5/8 -inch meter S'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
6.0 -inch meter 515.46
(2) Metering of Multifamily Buildings (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 minimum
charge for a 5/8 inch meter or installed meter size, whichever is
greater.
• L-1 the evert there is a single meter measuring quantities cfwater for
.two (2) or more residential units, the gallons measured and charged
pursuant to the teens of this section shall be prorated by dividing the
total number of gafloa)s metered by the number of unit:- included on
I tae tingle meter.
(3) Motering of Mu lti -U Buildi - R In the case of
any noiLresidential multi -unit building housing more than one (1)
business or entity, each business or entity therein shall be metered
individually. Monthly minimum service charges shall be bused on
the established charge by meter size. Where an existing single meter
is installed in a water connection two (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) Quantit) Applicable to all quantities ofwatershown by meter readings
to have 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 Quantity
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 Table
Meter Size Step 1 Step 2 Step 3 Step 4
Inches
5/8 1 -1 2,000 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 above 100,000
2
• lbietcr Size "ten 1 :; 'I. Ste -1, 3 Ster) 4
J"Iches
1.5 1- 60,000 (.0,001- 125,000 125,C01- 200,000 above 200,000
2.0 1- 96,000 96,001 - 200,000 200,001 - 320,000 above 320,000
3.0 1- 180,000 180,001- 375,000 375,001- 600,000 above 600,000
4 1- 300,000 300,001 - 625,000 625,001- 1,000,000 above 1,000,000
6 1- 600,000 600,001 - 1,250,000 1,250,001- 2,000,000 r.bove 2,000,000
(2) Non - residential accounts, including commercial, - government and
irrigation service classifications, monthly:
For each 1,000 gallons or fraction thereof pursuant to the Quantity
Step Rate Table and applicable Gallonage Allowance_ Per Quantity
Step Rate Table appearing bel�.
Quantity Step Rate
Step 1 $ 1.64
Step 2 $2.75
Step 3 $3.74
Step 4 $4.80
Gallonaze. Allowance Per Ottantity Step Rate Table
Meter Size Step 1 Step _2 Step 3 - Step 4
Inches
5/8 1- 12,000 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 above 100,000
1.5 1- 60,000 60,001- 125,000 125,001- 200,000 above 200,000
2.0 1- 96,000 96,001- 200,000 200,001- 320,000 above 320,000
3.0 1- 180,000 180,001- 375,000 375,001 - 600,000 above 600,000
4 1- 300,000 300,001 - 625,000 625,001- 1,000,000 above 1,000,000
6 1- 600,000 600,001- 1,250,000 1,250,001- 2,000,000 above 2,000,000
•
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• (3) Non- residen!ial Vill_:Ge ofTequesta accounts, nront'ily:
For each 1,000 gallons or fraction the roof. S1.64
In the event there is a mater meter moasunn- quantities of water for
kvo (7) or inorC Halts, the gal 1 011- nicastir - :i ch::
pursuant to the terins of this s- ection shall be prorated by dividing the
total gallons rncterel by the number of units included on the master
mete:.
(c) Tire Protection Charge.
(1) Village of T'equesta - Monthly fire protection charge of a 110.00 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.
(2) Other areas - Monthly fire protection charge of $110.00 per hydrant
per year divided by the total number of service connections located
outside the Village, except for services used solely for irrigation, plus
all applicable taxes and surcharges.
• (3) Private fire connections. The following monthly service charges
shall apply to private fire lines for sprinkling systems or other fire
protection systems:
I ureter Size
inches Amount
2 $ - 7.08
3 16.17
4 29.31
6 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
water.
•
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Fire prote tion revenue purst_ar ►t to t ,is section sh :11 be utilized for,
but is not limited to, hydra_Jt and hydra>;t valve operation,
niainteri,Lnce PnO improvemen's.. Revenue shall also be used to. .
enforce and ensure that a miniinum of a three (3) foot raciius of
clearance exists around all fire hydrants and thatno otIJer obstnicc:ons
11JC`ti'i;a ECCi S: Ft: iCt OL•J.iilC I&L' bY the JSt'ir;:;ar' 1 ltc: l�i.'CVCai:::J
i Code.
(d) kfeterinstallt%tion Charge. 1,11 water meters shall be installed by the Village
I of Tequesta, and the charge for making such meter installations or a
replacement of a meter of a different size upon request of the customer shall
be as follows:
M eter. Installation Only
Meter Size
inches Amount
5/8 $ 140.00
3/4 160.00
1.0 180.00
1.5 360.00
2.0 550.00
Above 2.0 Actual Cost Plus 10%
Meter Installation with Water Main Tap
(Includes service line - maximum 100 LF) .
Meter Size
( inches) Amount
5/8 $460.00
3/4 480.00
1.0 570.00
1.5 760.00
2.0 1,640.00
Above 2.0 Actual Cost Plus 10%
All meters installed remain the property of the water system.
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• (e) hlterritntcd Service.
(1) Reeor :ne:ction charges. ''here shall 1 - ju a 1:ec..onutec. ion cl;arge in tiu:
:mount of four (4) times the?ilirirnum mw.itlrly service charge for tire.
rese.ttinv of any meter which shall have been removed from service,
11 ll:�C ialo is CiUai Giif; :l !l Viliur �' Grl :] ?ice 1. +Ji ?i "v.
(2) Transfer ofsen4ce (not Including meter replacement). There sliall be
a charge of ten dollars ($10.00) during regular working hours..
(3) Outside regular working hours. If the customer requests that the
work in (1) or (2) above be done outside regular working hours, the
charge shall be twice 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 connection charge of
two thousand one hundred thirty doll ars`($2,130.00) for each Equivalent
Residential Unit or Connection (ERC) at the time of the application for a new
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.
In addition to the charge for making a miter installation or a replacement of
a meter of a larger size upon the request of the customer, the customer must
also pay the difference in Capital Connection Charges. If the customer
requests a meter installation or replacement of a smaller size the customer
forfeits the right to a refund of the difference in 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
4.0 25.00
6.0 60.00
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• (f;) 1` OK.p.^.ynHe!:t of Scl-11i•:e Char ,es. If any ny bi':1 for wat :r servicc has not been
paid within thirty (30) days fiorn the date of billing, a hate payment fee shell
be applied to all past C- Lie bahniccs and service shall be disconnected after dl-.'
notice thereof.
(ilf oec CLf oSiIs. 1 i:�,l u shall tj � Of six y CiJ11iiC ($60.00)
fc,r each iu.count established Defter the effective date of t'iis Ordinance
requiring a five- eighth -inch meter to be paid at the time of application for
service. For all other meter sizes there shall be a security deposit equivalent
to three (3) times tine minimum monthly service charge for each account
established after the effective date of this ordinance to be paid at the time of
application for service. The security..-deposit is intended as security for
payment of any final bill prior to disconnection. In computing the-filial bill
for all account, the. meter deposit shall be credited to that account. The
deposit will not bear interest.
(i) Meter sizing relocation of meters, fire`) drants and other appurtenances.
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.W.W.A.) Manual of Water Supply Practices M -6. If
any customer 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 percent (10 %) of such change or relocation,
including material, labor, equipment, 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 who 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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• Ca,pacity Reservatio,= Fc e upon ill-, effective date of p:lssa4c: of this
Ordinance.
The monthly Capacity Reservation Fee sl:all he seven dollars and thirty -two
cents (87.32) per equivalent residential connection. Ail unpaid Capacity
i f Resew ttloll F, s1 lE[1 ilccwe and no coarl�cA1uv sha b1; allo to th
! Village's water facilities until all such unpaid accrued fees related to said
applicant or their assigns have been paid in full by the applicant or their
assigns. The obligation to continue paymcnt'of the Capacity Reservation
Fees for a particular ERC of capacity shall terminate upon connection of that
particular ERC of capacity to the Village water system. The Village reserves
the right to enforce the Capacity of Reservation Fee through Special Master
proceedings.
(1) AtrtomaticAnnual Rate'Adjusimeiit. The Village adopts annually, effective
with bills rendered on and after October j.,, 1999, and each year thereafter an
automatic annual index rate adjustment 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 adjustment shall be. equal to the application of the Consumer Price
Index from the Bureau of Labor Statistics Southeastern Regional Office as
defined in May of each and every year, per. the Animal Index Rate
• Calculation appearing in paragraph (m), applied to the level of operating
expenses as generally defined by commonly accepted accounting principles
exclusive of bulk water purchases, currently being covered in such rates for
water service.
(m) Annual Index Rate Calculation. Fiscal Year Operating Expenses less the
Estimated Cost of Purchased Water equals the Net Operating. Expenses. The
Net Operating Expenses times 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 Charges 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.
Annual Index Rate Calculation
The Annual Price Index Rate Adjustment is calculated using the consumer Price
Index as follows:
Fiscal Year Operating Expenses - Cost of Water Purchased = Net Operating
Expenses .
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• ( qet Operating Lxpenses)(Consu;'ner Price Index) = Index Adjustment Amount
I ndex Adi _stm,- A Price Index Rate Adjustment
I iscal Ye::r Revenue from Monthly' User Ch ?rges
I
(n� T''Ulrrl'�:Clrr do ?Srn ?rnr�eAf d, %rrs!merit. Jr0? the Smith Florida
Water Management District or other authority having jurisdiction declares a
water shortage requiring mandatory curtailment to the extent of a 15%
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 establish 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:
Initial Meter Turn On (New Accounts) $25.00
Meter Turn On/Off at Customer Request $15.00
• Meter Tutu Off at Termination of Account .$ 0.00
Meter Turn On/Off for Non Payment (all meter sizes) $40.00
Transfer of Service $10.00
Meter Reread - $10.00
Field Premises Visit $15.00
Line Location Services $40.00
Meter Test Charge
5/8 $45.00.
3/4 $45.00
1.0 $55.00
1.5 $65.00
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)
• 9
Plan Rev ew Fee 3% ofccnst action cost, 5150.00 minimurn
1' etumcd Chccic Fcc The greater of $20.00 or 5% of the face an!ovtnt
of the check, not to exceed V 0.00, per retiuned
check
Late Payment Fee 1% of c'clinquent amount, 55.00 minimum
(l)) Normal business hours. All rates, charges and fees pursuant to this section
are double the amount indicated if work is performed after normal business
hours (Monday through Friday, 5:30 a.m. to 5:00 p.m.), or on weekends and
holidays.
(q) Taxes and surcharo es. All rates, charges and fees pursuant to this section do
not include the application of any applicable taxes and surcharges."
Section 4. S If any provision of this Ordinance or the application thereof is
held invalid, such invalidity shall not affect the other provisions or applications of this Ordiiiancc:
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 hereby
repealed.
Section 6. Codification. This Ordinance shall be codified and made apart of the official
Code of Ordinances of the Village of Tequesta.
Section 7. Effective Date. This Ordinance shall take effect immediately upon its passage
and approval, as provided by law.
THE FOREGOING ORDINANCE was offered by Councilmembcr
liansen who moved its adoption. The Ordinance was seconded by
Councilmember Dalack and upon being put to a vote, the vote was as
follows:
FOR ADOPTION AGAINST ADOPTION
Joseph N. Capretta
Basil E. Dalack
• 10
•
Carl C. lianser
Ron T. Mackai.l
The Mayor thereupon declared the Ordinance duly passed abd adopted this 21st da;
of September, 1999.
MAYOR OF TEQUESTA
Ron T. Mackail
ATTEST:
illage Clerk
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