Creating OUA - Interlocal AgmtOR
DGGK~. 360
INTERLOCAL AGREEMENT
CREATING THE OKEECHOBEE UTILITY AUTHORITY
BETWEEN
OKEECHOBEE COUNTY
AND THE CITY OF OKEECHOBEE, FLORIDA
THIS INTERLOCAL AGREEMENT, made and entered into this
C
day of G'z, l , 1994, by and between the Board of County
Commissioners of Okeechobee County, Florida, a political sub-
division of the State of Florida, hereinafter referred to as
"County," and the City Council of the City of Okeechobee, Florida,
a municipal corporation existing under the laws of the State of
Florida, hereinafter referred to as "City."
W I T N E S S E T H:
WHEREAS, the County and the City desire to enter into an
Interlocal Agreement, pursuant to the provisions of Chapter 163,
Florida Statutes, creating the Okeechobee Utility Authority; and
WHEREAS, the South Florida Water Management District has
recommended that a regional approach to water supply, together with
wastewater treatment and disposal, is in the best interests of the
citizens, residents and utility consumers of the hereinafter
specified service area; and
WHEREAS, the Okeechobee Beach Water Association, Inc.
("OBWA"), a Florida not-for-profit corporation, currently supplies
water to citizens, residents and consumers along the northern shore
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PAGE ~E10 J
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of Lake Okeechobee (a) in Okeechobee County, Florida, pursuant to
the terms of that certain Okeechobee County Franchise Ordinance
No. 93-5 dated April 29, 1993 (the "Okeechobee Beach Franchise
Agreement") and (b) in Glades County, pursuant to that certain
Glades County Franchise Ordinance No. 93-4 dated May 24, 1993 (the
"Glades Franchise Agreement"); and
WHEREAS, the Okeechobee Utility Authority Working Group has
recommended to the County, City, and OBWA, that a utility authority
be formed for Okeechobee County and the areas served by OBWA to
supervise the planning, construction, and operation of water and
wastewater systems, pursuant to the terms and conditions set forth
in this Interlocal Agreement; and
WHEREAS, the County and the City believe that it would be the
most efficient use of their respective powers to cooperate with
each other on a basis of mutual advantage to acquire, under the
newly created Okeechobee Utility Authority, all of the assets, and
to own and operate the water and wastewater systems currently owned
and operated by the City and OBWA, in a manner that will best
reflect the needs and economic interests of the citizens, residents
and utility consumers within Okeechobee County and the area served
by OBWA; and
WHEREAS, the Okeechobee Utility Authority shall be required to
meet and satisfy all comprehensive planning requirements set forth
in Chapter 163, Florida Statutes, which mandates the coordination
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DPRGI( 36 0 PACE
of plans for future growth with available sources of funding and
the availability of infrastructure; and
WHEREAS, the creation of the Okeechobee Utility Authority
shall provide a more efficient manner by which the County and City
may satisfy.their statutory mandate concerning utilities elements
of their respective comprehensive plans; and
WHEREAS, the creation of the Okeechobee Utility Authority
shall provide for a unified system of water and wastewater service
for Okeechobee County and the areas currently served by OBWA, and
provide for the potential of interconnects with other publicly held
systems, so as to ensure the continued provision of a safe and
healthy environment for the consumers of the utility system, and to
protect the limited water supply capability of the Okeechobee
County environment in such a manner as will give priority to
encouraging conservation and reduction of adverse environmental
effects of excessive or improper withdrawals of water from
concentrated areas, as well as the proliferation of septic tanks,
package plants, and improper wastewater disposal; and
WHEREAS, the City has determined that the transfer of the
City's utility system to the Okeechobee Utility Authority would be
in the public interest; and
WHEREAS, it is recognized by the County and the City that
provision for water supply needs and protection of water resources
can best be accomplished through the creation of a regional utility
authority, the purpose of which shall be to ensure adequate future
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water supply and wastewater services, in the most efficient and
least expensive manner, for the citizens, residents, and utility
consumers of Okeechobee County and the areas currently served by
OBWA; and
WHEREAS, the County and the City wish to set forth certain
agreements between themselves with respect to the creation of a
regional utility authority, pursuant to the provisions of Section
373.1962, Florida Statutes, and Section 163.01, Florida Statutes,
which provides a mechanism to accomplish the above-described goals,
and permits the joint exercise of all powers, privileges, and
authority which the County and City share in common, and which each
may exercise separately.
NOW, THEREFORE, for and in consideration of the premises and
the mutual agreements hereinafter set forth, the County and the
City hereby agree as follows:
ARTICLE I
CERTAIN DEFINITIONS
1.1. The following terms shall have the following meanings
when used herein:
Administrative Costs: "Administrative Costs" shall mean costs
incurred to properly manage the functions of the Authority
including, but not limited to, keeping of records, recording, and
distribution of minutes, meeting announcements, and coordination of
respective member staff input.
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Agreement: "Agreement" shall mean this Interlocal Agreement,
together with all the exhibits attached hereto, as amended from
time to time.
Authority: "Authority" shall mean the Okeechobee Utility
Authority, a separate legal entity created hereunder.
Authority Board: "Authority Board" shall mean the governing
body of the Authority, acting for and on behalf of the Authority.
Capital and Operational Expenses: "Capital and Operational
Expenses" shall mean all expenses related to personnel and
staffing, construction or acquisition and operation of water
supply, collection, distribution or treatment and treated sewage
effluent and sludge and associated planning and engineering
studies.
City: "City" shall mean the City of Okeechobee, a municipal
corporation existing under the laws of the State of Florida.
City Utilities: "City Utilities" shall mean the utilities
systems now operated by the City within its specified service
areas.
Closing: "Closing" shall mean the consummation of the
transaction contemplated by this Agreement to be effectuated under
the Master Transfer Agreement, as more particularly set forth in
Article X.
County: "County" shall mean Okeechobee County, Florida, a
political subdivision of the State of Florida.
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Developer: "Developer" shall mean any property owner, builder
or other prospective consumer of water and/or wastewater services
with respect to identified parcels of real property which have a
designated or anticipated need for water and/or sewer connections
from the Utilities Systems.
Developer Agreements: "Developer Agreements" shall mean those
agreements which provide for payments to be made to the City or
OBWA in exchange for water and/or sewer services, whether now being
provided or to be provided in the future to a Developer.
District: "District" shall mean the area within all of the
designated service areas of the Authority, as those areas may be
expanded or contracted in accordance with the provisions of this
Agreement and the laws of the State of Florida.
Master Transfer Agreement: "Master Transfer Agreement" shall
mean that agreement between the parties concerning further
implementation of the Authority, as more particularly set forth in
Article X.
OBWA: "OBWA" shall mean the Okeechobee Beach Water Associa-
tion, Inc., a Florida not-for-profit corporation organized for the
purpose of, and currently engaged in, constructing, maintaining and
operating a water system for the supplying of water for domestic,
commercial, agricultural, industrial and other purposes to its
members, within a specified service area.
OBWA Utility: "OBWA Utility" shall mean the utility system
now being operated by OBWA within its specified service area.
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Quorum: "Quorum" shall mean four-fifths of the full member-
ship of the Authority Board established by this Interlocal
Agreement.
Service Areas: "Service Areas" shall mean those areas served,
or which may be served, by the Utilities Systems, defined herein-
below, as delineated on Exhibit "A", attached hereto and incorpo-
rated herein by this reference.
Uniform Extension Policy: "Uniform Extension Policy" shall
mean the policies adopted by the Authority Board concerning the
provision of utility services to the customers of the Authority,
and any reference herein shall mean from and after its date of
adoption by the Authority Board.
Utilities Systems: "Utilities Systems" shall mean the
combination of Wastewater System and Water System, which shall be
owned, operated and maintained by the Authority.
Wastewater System: "Wastewater System" shall mean and shall
include any plant, system, facility or property, and additions,
extensions and improvements thereto, constructed or under construc-
tion, or at any future time constructed, which are useful or
necessary or having a present capacity for future use in connection
with the collection, treatment, purification and disposal of sewage
of any nature or originating from any source, and shall include,
but not be limited to, transmission and distribution facilities,
treatment plants, wastewater and sanitary sewer collection,
transmission, pumping, reuse and disposal facilities of every kind
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6GG,K _ 360 PdCE1l1~1
and description whatsoever, including without limitation, all trade
fixtures, leasehold improvements, storage tanks, lift stations,
force mains pumps, pump stations, generators, controls, collection
and transmission pipes or facilities, valves, meters, service
connections,, and all necessary appurtenances and equipment, all
wastewater mains and laterals, and shall include all real and
personal property and any interest therein, rights, easements, and
franchises of any nature whatsoever relating to any such system and
necessary or convenient for the operation thereof.
Water System: "Water System" shall mean and include any
plant, system, facility or property, and additions, extensions and
improvements thereto constructed, under construction, or at any
future time constructed, or acquired as part thereof, useful or
necessary or having the present capacity for future use in
connection with the development of sources, treatment or purifica-
tion, and distribution of water, and, without limiting the
generality of the foregoing, shall include wellfields, dams,
reservoirs, storage tanks, mains, lines, valves, pumping stations,
laterals and pipes used for the purpose of carrying water to
property connected with such system, and shall include all real and
personal property and any interest therein, rights, easements and
franchises of any nature whatsoever relating to any such system and
necessary or convenient for the operation thereof.
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92.
ARTICLE II
EXHIBITS
2.1. There are attached to this Agreement as Exhibits "A"
through "E", certain lists and documents which contain information,
representations, and covenants of the County or City which are
integral and essential parts of the transaction described in this
Agreement, and are
Exhibit "A"•
Exhibit "B"•
other charges.
Exhibit "C"•
Exhibit "D"•
listed as follows:
Depiction of Authority Service Areas.
Initial schedule of Authority rates, fees or
Initial budget of the Authority.
Okeechobee Beach Franchise Agreement, and
related documents thereto.
Exhibit "E": Glades Franchise Agreement, and related
documents thereto.
ARTICLE III
CREATION OF OKEECHOBEE UTILITY AUTHORITY
3.1. The parties hereto do hereby create a Utility Authority,
pursuant to the provisions of Section 373.1962, Florida Statutes,
and Section 163.01, Florida Statutes, to be known as the OKEECHOBEE
UTILITY AUTHORITY, to include Service Areas in the District, as
described and shown on Exhibit "A", for the purpose of acquiring,
owning, operating, and maintaining a regional water and wastewater
system to ensure adequate future water supply and wastewater
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services for the citizens, residents and utility consumers located
within the District.
3.2. The Authority shall have the following powers and duties:
a. To have perpetual succession.
b.• To incorporate, and to adopt a corporate seal, and
alter it at the pleasure of the Authority Board, or conduct
business in any other form as may be provided by law.
C. To adopt bylaws, and make rules and regulations for
its own governance and proceedings.
d. To employ engineers, attorneys, accountants,
financial or other experts and such other agents and employees
as said Authority Board may require or deem necessary to
effectuate the purposes of this Agreement, or to contract for
any such services.
e. To construct, install, erect, acquire and to
operate, maintain, improve, extend or enlarge and reconstruct
a Water System or a Wastewater System, or both, within the
District, and to have the exclusive control and jurisdiction
thereof, subject to the terms of this Agreement; to issue
revenue bonds, refunding bonds, notes and any other indebted-
ness authorized by law, to pay all or part of the cost of such
construction, reconstruction, erection, acquisition or
installation of such Water System, Wastewater System, or both.
f. To construct and operate connecting, intercepting or
outlet sewers and wastewater mains and pipes and water mains,
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conduits or pipelines in, along or under any streets, alleys,
highways or other public places or ways within the state or
any municipality or public or political subdivision necessary
for the purposes of the District.
g.. To adopt a Uniform Extension Policy.
h. To establish an annual budget, and to fix and
collect rates, fees, impact fees, and other charges to persons
or property, or both, for the use of the facilities and
services provided by the Utilities Systems, and to fix and
collect charges for making connections with any such Water
System or Wastewater System and to provide for reasonable
penalties on any users or properties for any such rates, fees
or charges that are delinquent.
i. To levy special, non-ad valorem assessments on
benefitted properties, pursuant to the methods for establish-
ing and collecting such non-ad valorem assessments set forth
in Chapters 125, 166, and 170, Florida Statutes. The
Authority may collect non-ad valorem assessments utilizing the
methods and procedures provided to local governments under
Sections 197.3631 and 197.3632, Florida Statutes. Said
collection of non-ad valorem assessments shall be subject to
all collection provisions of Chapter 197, Florida Statutes,
including the issuance and sale of tax certificates and tax
deeds for non-payment of said non-ad valorem assessments.
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j . To acquire in the name of the Authority by purchase,
lease, gift, or the exercise of the right of eminent domain,
such lands, assets and rights and interest therein, including
lands under water and riparian rights, and to acquire such
personal property as it may deem necessary in connection with
the construction, reconstruction, improvement, extension,
installation, erection or operation and maintenance of any
Water System or Wastewater System, or both, and to hold and
dispose of all real and personal property under its control.
k. To exercise exclusive jurisdiction, control and
supervision over any Water System or Wastewater System, or
both, or any part thereof, owned, operated and maintained by
the Authority, and to make and enforce such rules and regula-
tions for the maintenance and operation of any Water System or
Wastewater System, or both, as may be, in the judgment of the
Authority Board, necessary or desirable for the efficient
operation of any such systems or improvements in accomplishing
the purposes of this Agreement.
1. To require and enforce the use of its facilities
whenever and wherever they are accessible.
M. To sell or otherwise dispose of the by-products
resulting from water or wastewater treatment.
n. To apply for and receive any and all federal, state,
or local governmental permits or authorizations necessary to
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promote, construct, accomplish, maintain, or operate any of
the public purposes or projects herein enumerated.
o. To enter into interlocal agreements, franchise
agreements, or such other service agreements as deemed
appropriate by the Authority Board, for supplying water or the
disposal of treated sewage effluent and sludge, outside the
District, if authorized and permitted under Florida law.
P_ To receive and use such technical assistance from
the County or City as may be, from time to time, made avail-
able for use by the Authority.
q. Subject to such provisions or restrictions as may be
set forth herein, or in any bond covenants, or in other
obligations issued pursuant to this Agreement, to enter into
contracts with the government of the United States or any
agency or instrumentality thereof, or with any county,
municipality, district, authority or political subdivision,
private corporation, partnership, association or individual
providing for or relating to the treatment, collection and
disposal of wastewater or the treatment, supply and distribu-
tion of water and any other matters relevant thereto or
otherwise necessary to effect the purposes of this Agreement,
and to receive and accept from any federal or state agency
grants or loans for or in aid of the planning, construction,
reconstruction or financing of any Water System or Wastewater
System, or both, and to receive and accept aid or contribu-
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tions or loans from any other source of either money,
property, labor or other things of value, to be held, used and
applied only for the purposes of this Agreement.
r. To sue and be sued, and to contract, in its own name
and such other powers as may be necessary or proper to carry
out the purposes of this Agreement.
S. To restrain, enjoin or otherwise prevent the viola-
tion of this Agreement or the powers of the Authority or any
resolution, rule or regulation adopted pursuant to the powers
set forth herein.
3.3. The Authority shall provide water and/or wastewater
services to the County and the City, and any other local govern-
mental entity that subsequently becomes a member of the Authority.
ARTICLE IV
AUTHORITY BOARD
4.1. The Authority shall be governed by an Authority Board,
which shall be comprised of five (5) members and such alternates as
are described hereinbelow, each of which must be a resident of an
area within the Service Areas of the Authority. Each member shall
have one vote.
4.2. The County shall appoint two (2) members of the Authority
Board and one alternate, which alternate may attend all meetings of
the Authority Board and shall have the authority to vote in the
absence of either of the two (2) appointed members from the County;
provided, however, that at least one of the appointments by the
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County (either the member to the Authority Board or the alternate)
must be a resident of the area currently within the Service Area of
OBWA.
4.3. The City shall appoint two (2) members of the Authority
Board and one alternate, which alternate may attend all meetings of
the Authority Board and shall have the authority to vote in the
absence of either of the two (2) appointed members from the City;
provided, however, each member and the alternate appointed by the
City shall be a resident of the City.
4.4. The four (4) members of the Authority Board appointed by
the County and the City shall then, by a simple majority vote,
appoint a fifth member of the Authority Board and one alternate
representative who may attend all meetings of the Authority Board
and shall have the authority to vote in the absence of said fifth
member; provided, however, for so long as the District encompasses
a portion of Glades County, said fifth member and the alternate for
that member, shall be a resident of that area within the District
located in Glades County. In the event this fifth Authority Board
member resigns, or is unable to continue to serve, only the four
(4) members of the Authority Board appointed by the County and the
City shall be authorized, by simple majority vote, to appoint the
fifth Authority Board member to fill the balance of the term.
4.5. No member of the Authority Board may be an elected
official or employee of the governing body by whom the Authority
Board member is appointed. In the event an Authority Board member
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becomes an elected official or employee of the governing body by
whom the member has been appointed, that member shall be required
to immediately resign from the Authority Board.
4.6. All powers, privileges and duties vested in or imposed
upon the Authority shall be exercised and performed by and through
its Authority Board acting as a quorum; provided, however, that the
exercise of any and all executive, administrative and ministerial
powers may be delegated by the Authority Board to any of its
officers, executive director, employees or agents. Any such
delegation may be redelegated or withdrawn by the Authority Board.
4.7. One Authority Board member appointed by the County and
one Authority Board member appointed by the City shall serve an
initial term of two (2) years in duration. In order to create
staggered terms, the other Authority Board members shall serve
initial terms of four (4) years in duration. Thereafter, all
Authority Board members shall serve staggered terms of four (4)
years in duration, or until such time as such Authority Board
member's replacement has been appointed. In the event an Authority
Board member resigns, or is unable to continue to serve, the
balance of the term of that Authority Board member shall be filled
in the same manner as prescribed in Section 4.2, 4.3 or 4.4 above,
as applicable. The alternate for that Authority Board member shall
have the authority to vote until that Authority Board member has
been replaced as prescribed above.
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4. 8. The alternates appointed in accordance with the foregoing
shall serve a term of two (2) years in duration, or until such time
as such alternate's replacement has been appointed. In the event
an alternate resigns, or is unable to continue to serve, the
balance of the term of that alternate shall be filled in the same
manner as provided in Section 4.2, 4.3 or 4.4 above, as applicable.
4.9. Authority Board members shall serve without compensation,
but shall be reimbursed for per diem and travel expenses as
provided in Section 112.061, Florida Statutes.
4.10. Except as provided in Section 4.4 above, all decisions of
the Authority Board shall require a four-fifths majority vote of
the entire Board membership.
4.11. The Authority Board shall elect the following officers,
who shall perform the following functions:
a. A chairman, who shall preside at meetings of the
Authority Board; sign as authorized by the Authority Board any
contracts or other instruments which are deemed to be in the
best interest of the Authority; and perform such other duties
incident to the office as may be prescribed by the Authority
Board.
b. A vice chairman, who shall act in the chairman's
absence; and shall perform such other functions as the
Authority Board may delegate from time to time.
C. All officers shall be elected for a term of one
year. If any officer shall cease to be a member of the
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360 PACE 1 101
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Authority Board, or shall, for any reason, not be able to
serve in that capacity, a successor shall be elected for the
unexpired portion of the term. No officer shall be elected to
the same office for more than two (2) consecutive terms.
4.12. The Authority Board shall appoint an executive director
for the Authority, and prescribe the executive director's duties
and compensation. Among such duties, the executive director shall:
a. Be responsible to the officers and the Authority
Board for supervising and administering all work programs of
the Authority; and
b. Act as secretary to the Authority Board, and prepare
minutes of each Authority Board meeting, in compliance with
Chapter 286, Florida Statutes, the Florida Government-in-the-
Sunshine Law; and
C. Be responsible for the receipt, care, and disburse-
ment of Authority funds, in accordance with fiscal policies
and regulations adopted by the Authority Board; and
d. Serve at the pleasure of the Authority Board.
4.13. All meetings of the Authority Board shall be conducted in
compliance with Section 286.011, Florida Statutes, and shall be
held at such locations, dates, times, and intervals as determined
by the Authority Board.
4.14. Each Authority Board member shall be required to file a
full and public disclosure of financial interests, pursuant to the
provisions of Chapter 112, Florida Statutes, as applicable.
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4.15. The chairman, with the advice and consent of the
Authority Board, may appoint such committees as may be deemed
necessary to carry on the work of the Authority. Membership on
such committees need not be restricted to Authority Board members.
4.16. Until Closing, the Okeechobee Utility Authority Working
Group shall continue in existence, and shall perform the functions
of an advisory committee to the Authority Board during said time
period. Members of the Okeechobee Utility Authority Working Group
shall be eligible for appointment to the Authority Board, unless
otherwise disqualified under the provisions of this Article.
4.17. The Authority Board shall cause to be made at least once
each year a comprehensive report of its activities, including all
matters relating to rates, revenue, expenses of maintenance, repair
and operation, renewals and capital replacements, principal and
interest requirements, and an audited annual financial statement.
Copies of such reports shall be forwarded to the County and the
City, and shall constitute a public record.
ARTICLE V
INTERIM OPERATIONAL AGREEMENTS
5.1. After execution of this Agreement, the Authority shall
enter into Interim Operational Agreements with the City and OBWA,
for the purpose of continuing the operation of the City Utilities
and OBWA Utility within their current respective Service Areas
until Closing.
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5.2. The Authority Board shall have final authority to resolve
any disputes that may arise during the term of said Interim
Operational Agreements between the City and OBWA concerning the
location of line extensions, and other related matters.
ARTICLE VI
RATES, FEES, AND CBARGES
6.1. The initial schedule of rates, fees, or other charges for
the use of the services and facilities to be furnished by the
Authority, to be paid by the owner, tenant, or occupant of each
structure, facility, lot or parcel of land which may be connected
with, or used by the Utilities Systems of the Authority, shall be
as set forth in Exhibit "B".
6.2. Except as otherwise provided on Exhibit "B", this initial
schedule of rates, fees, or other charges shall remain in effect
from the effective date of this Agreement through the date of
Closing.
6.3. After Closing, the Authority Board may revise the
schedule of rates, fees, or other charges, from time to time, based
on the following criteria:
a. Such rates, fees and charges shall be so fixed and
revised so as to provide sums, which, with other funds
available for such purposes, shall be sufficient at all times
to pay the expenses of operating and maintaining such
Utilities Systems, including reserves for such purposes, the
principal of and interest on revenue bonds as the same shall
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become due, and reserves therefor, and to provide a margin of
safety over and above the total amount of any such payments,
and to comply fully with any covenants contained in the
proceedings authorizing the issuance of any bonds or other
obligations of the Authority. The Authority shall charge and
collect such rates, fees and charges so fixed or revised, and
such rates, fees and charges shall not be subject to the
supervision or regulation by any other commission, board,
bureau, agency or other political subdivision or agency of the
county or state.
b. Such rates, fees and charges shall be just and
equitable and uniform for users of the same class and where
appropriate may be based or computed either upon the quantity
of water consumed or upon the number and size of wastewater
connections or upon the number and kind of plumbing fixtures
in use in the premises or upon the number or average number of
persons residing or working in or otherwise using or occupying
such premises or upon any other factor affecting the use of
the facilities furnished or upon any combination of the
foregoing factors as may be determined by the Authority Board
on any other equitable basis.
C. No rates, fees or charges shall be fixed under the
foregoing provisions of this section until after a public
hearing duly noticed such that all the users of the Water
System or Wastewater System, or both, or owners, tenants or
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occupants served or to be served thereby and all others
interested shall have an opportunity to be heard concerning
the proposed rates, fees and charges. Notice of such public
hearing setting forth the proposed schedule or schedules of
rates,.fees and charges shall be given by one publication in
a newspaper of general circulation published in Okeechobee
County, at least ten (10) days before the date fixed in such
notice for the hearing, which may be adjourned from time to
time. After such hearing, such schedule or schedules, either
as initially adopted, or as modified or amended, may be
finally adopted.
d. A copy of the schedule or schedules of such rates,
fees or charges finally adopted shall be kept on file in the
office of the Authority and shall be open at all times to
public inspection. The rates, fees or charges so fixed for
any class of users or property served shall be extended to
cover any additional users or properties thereafter served
which shall fall in the same class, without the necessity of
any hearing or notice. Any charge or revision of such rates,
fees or charges may be made in the same manner as such rates,
fees or charges were originally established as hereinabove
provided.
e. The same rates, fees and charges shall be fixed and
collected from any county, school district or other political
subdivision using the services and facilities of the Water
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System or Wastewater System, or both, as are fixed and
collected from other users of such facilities in the same
class, unless such governmental entities are exempt from
payment of such rates, fees or charges under Florida law. No
free water or wastewater services shall be rendered by the
Authority and no discrimination shall exist in the fees, rates
and charges for users of the same class. The Authority may
not provide service to any user in contravention of the
requirements set forth above unless required by law or a court
of competent jurisdiction.
f. In the event that the fees, rates or charges for the
services and facilities shall not be paid as and when due, any
unpaid balance thereof, and all interest accruing thereon,
shall be a lien on any parcel or property affected thereby,
unless otherwise provided under Florida law. Such lien shall
be superior and paramount to the interest on such parcel or
property of any owner, lessee, tenant, mortgagee or other
person, except the lien of county taxes, and shall be on a
parity with the lien of any such county taxes, except as
otherwise provided in Chapter 180.135, Florida Statutes. In
the event that any such service charge shall not be paid as
and when due and shall be in default for thirty (30) days or
more, the unpaid balance thereof, and all interest accrued
thereon, together with attorneys, fees and costs, may be
recovered by the Authority in a civil action, and any such
11/7/94, 2:07 pm 2 3
BCGK :"'O PAGtl ~U
lien and accrued interest may be foreclosed or otherwise
enforced by the Authority by action or suit in equity as for
the foreclosure of a mortgage on real property.
g. The Authority shall also establish a uniform policy
concerning the termination of water service for nonpayment of
fees, rates or charges as specified above.
ARTICLE VII
BUDGET AND FUNDING
7.1. The fiscal year of the Authority shall be the same as the
fiscal year of the County and City.
7.2. The initial budget of the Authority, covering the period
from the effective date of this Agreement through September 30,
1995, shall be as set forth in Exhibit "C".
7.3. By May 1, 1995, and by May 1st of each year thereafter,
the Authority Board shall adopt, by budget resolution, its
tentative annual budget for the ensuing fiscal year, and shall
forward copies of said tentative budget to the County and the City.
7.4. The proposed budget contained in such resolution shall
include all anticipated Capital and Operational Expenses, and
Administrative Costs of the Authority for all of its projects
during the ensuing fiscal year, together with payments of principal
and interest on all outstanding bonds, and sinking fund and reserve
requirements. The proposed budget shall provide for expenditures
only to the extent of funds legally available to the Authority for
such purposes and reasonably anticipated revenues of the Authority
11/7/94, 2:07 pm 24
360 PuA 108
BUK
for the ensuing fiscal year from established sources, based upon
past experience and reasonable projections thereof, from new
projects or new sources of income of the Authority and from
requested county-wide per capita appropriations from the parties
hereto, if any. The parties hereto shall have an opportunity to
take considered action in approving or disapproving a request to
provide for necessary per capita appropriations, if any. The
Authority shall finalize and approve its final budget in a manner
as provided by law for the County and City.
7.5. It is the intent of the parties that, until Closing,
initial funding for the Authority shall be obtained from the South
Florida Water Management District, to the extent that the Authority
is unable to obtain sufficient funding from federal, or other state
or local agency grants or loans.
7.6. The budget and such other changes, amendments, or
supplements as may be necessary to conduct the fiscal affairs of
the Authority may be amended from time to time by action of the
Authority Board to include funds accumulated from time to time from
additional sources.
ARTICLE VIII
CURRENT UTILITY EMPLOYEES
8.1. It is the intent of the parties hereto for the Authority
to acquire at or before Closing the City Utilities and OBWA
Utility, and to offer continued employment to those employees of
the City and OBWA engaged in the operation or maintenance of said
11/7/94, 2:07 pm 25
0 0
BOOK 360 PAGE 1 (U O
City Utilities and OBWA Utility at the time of acquisition by the
Authority. Said employees shall thereafter remain employees of the
Authority, under such terms and conditions as set forth in a
uniform policy and procedures manual to be adopted by the Authority
Board.
ARTICLE IX
ADMISSION OF NEW GOVERNMENT MEMBERS
9.1. Admission of any new member counties, cities or other
governmental entities, to the Authority shall require a four-fifths
majority vote of all members of the Authority Board.
ARTICLE X
MASTER TRANSFER AGREEMENT
10.1. The parties hereto recognize and acknowledge that a
Master Transfer Agreement for further implementation of the
Authority is intended to be prepared and executed prior to Closing,
and fully consummated at Closing, which shall occur on or before
October 1, 1995. The Master Transfer Agreement shall provide that
no transfer of assets from the County, City or OBWA shall occur
prior to Closing, and that the transfer of assets from the County,
City and OBWA to the Authority shall occur simultaneously at
Closing.
10.2. As part of the Master Transfer Agreement, it is the
intent of the parties that, at Closing, the County shall, to the
extent permitted by law, assign to the Authority, and the Authority
shall assume, all of the County's rights and liabilities under the
11/7/94, 2:07 pm 2 6
• •
ORGK 360 PAGE 1 0
Okeechobee Beach Franchise Agreement, including the County's right
to purchase the OBWA Utility. At Closing, the Authority shall
exercise the right to purchase the OBWA Utility, pursuant to the
Okeechobee Beach Franchise Agreement, as amended by mutual
agreement of the Authority and OBWA. At Closing, the Authority
shall accept and assume all of OBWA's rights and liabilities set
forth in the Glades Franchise Agreement. The Master Transfer
Agreement shall address the establishment of rates for that class
of customers currently subject to the Glades Franchise Agreement,
so as to take into account the franchise fee currently required
thereunder.
10.3. The Master Transfer Agreement shall also set forth the
terms and conditions of the transfer to the Authority at Closing of
all of the assets which comprise the City Utilities, and all of the
liabilities pertaining thereto.
ARTICLE XI
TERMINATION OR WITHDRAWAL
11.1. The County or City may withdraw from the Authority, at
any time prior to Closing, after giving all other parties at least
ninety (90) days prior written notice thereof; provided, however,
that if the County or City does withdraw, it shall continue to be
responsible for any financial or contractual obligations it has
specifically assumed while it was a member of the Authority.
11.2. In the event that either the County or the City withdraws
from the Authority prior to Closing, the Authority shall be deemed
11/7/94, 2:07 pm 2 7
OR
Boa
PAt~1 to have been dissolved as of the effective date of said withdrawal,
and the parties hereto shall adopt a supplemental amendment to this
Agreement providing for the dissolution of the Authority.
11.3. In the event that the Authority is dissolved subsequent
to Closing, disposition of the assets of the Authority shall be
determined pursuant to the Master Transfer Agreement.
ARTICLE XII
AMENDMENTS TO INTERLOCAL AGREEMENT
12.1. This Agreement may only be amended by the proper
execution of an Amendment hereto by the official action of the
local governments executing this Agreement, during such time as
they remain subject to the terms and provisions hereof.
ARTICLE XIII
EXECUTE IN COUNTERPARTS
13.1. This Agreement may be executed in counterparts, and each
fully executed counterpart shall be deemed an original.
ARTICLE XIV
SEVERABILITY
14.1. Any determination by a court of competent jurisdiction
that any provision of this Agreement is illegal, void, or un-
enforceable, shall not adversely affect the enforceability of any
other provision of this Agreement, unless the provision determined
to be illegal, void or unenforceable, is a provision relating to a
significant item of consideration for the benefit of a party
hereto.
11/7/94, 2:07 pm 2 8
0 0 BOCK 360 PACs I I
1
ARTICLE XV
LAWS GOVERNING INTERPRETATION
15.1.
This
Agreement
shall be
controlled
and interpreted
according
to
the laws,
rules and
regulations
of the State of
Florida. ,
ARTICLE XVI
BINDING AGREEMENT AND ASSIGNMENT
16.1. This Agreement shall be binding upon and shall inure to
the benefit of the parties hereto, their respective assigns and
successors by merger, consolidation, conveyance, or otherwise.
ARTICLE XVII
NOTICES
17.1. Any notice required or allowed to be delivered hereunder
shall be in writing and shall be deemed to be delivered when either
(1) hand delivered to the official hereinafter designated, or
(2) when deposited in the United States Mail, postage prepaid,
certified mail, return receipt requested, addressed to a party at
the address set forth below, or at such other address as the party
shall have specified by written notice to the other party delivered
in accordance herewith:
County
Okeechobee County
Office of the County Administrator
304 N.W. Second Street, Room 106
Okeechobee, Florida 34972
11/7/94, 2207 pm 29
0
BOOK 360 PAG11 l13
City;
City of Okeechobee
Office of City Administrator
55 S.E. Third Avenue
Okeechobee, Florida 34974
ARTICLE XIII
ENTIRE AGREEMENT
18.1. This Agreement supersedes any and all previous agreements
or representations, either verbal or written, heretofore in effect
between the parties, made with respect to the matters herein
contained.
ARTICLE XIX
AFFIRMATION
19.1. The City hereby affirms that, at a duly constituted
meeting of the City Council of the City of Okeechobee, Florida, on
t
the day of l r~ .f 'C. / ' ` , 1994, it approved the terms of this
Agreement and the execution thereof by the City.
19.2. The County hereby affirms that, at a duly constituted
meeting of the Board of County Commissioners of Okeechobee County,
Florida, on the 1"(-day of 1994, it approved the
terms of this Agreement and the execution thereof by the County.
ARTICLE XX
FILING
20.1. Upon execution of this Agreement, and any subsequent
amendments thereto, this Agreement and such subsequent amendments
11/7/94, 2207 pm 30
kA 360 ua l d
shall be filed with the Clerk of the Circuit Court of Okeechobee
County, Florida.
ARTICLE XXI
EFFECTIVE DATE
21.1. This Agreement shall be deemed effective immediately upon
its execution by all parties, and filing pursuant to law.
IN WITNESS WHEREOF, the County and City have executed this
Agreement on the day and year first above written.
ATTEST: BOARD OF COUNTY COMMISSIONERS OF
OKEECHOBEE COUNTY, FLORIDA
By By v
Deputy Clerk Chairman
ATTEST:
By
City C erk
c:\mdm\20121dj.ia
11/7/94, 2:07 pm
CITY COUNCIL OF CITY OF
OKEECHOBEE, FLORIDA
By
M
APPROVED AS TO FORM D LEGAL
SU~ ENCY
Okeechobee City Attorney
31
APPROVED AS TO FORM AND LEGAL
0 0
36 0 Pact 1'i 15
EXHIBIT "A"
OKEECHOBEE UTILITY AUTHORITY SERVICE AREAS
The Service Areas for the Okeechobee Utility Authority shall
include all lands within Okeechobee County, Florida, and those
lands currently located within the Service Areas of the Okeechobee
Beach Water Association for water services, as set forth in the
Okeechobee Beach Franchise Agreement and the Glades Franchise
Agreement, attached hereto as Exhibits "D" and "E," respectively,
unless otherwise provided by law.
11/7/94, 2:28 pm
0 6
OR '360 CUMULATIVE EXHIBIT "B" BOCK - P~SCE 1 i 1 G
INITIAL SCHEDULE OF AUTHORITY, RATES, FEES
OR OTHER CHARGES
Attached hereto are the current rates, fees and charges
being utilized by Okeechobee Beach Water Association, Inc.
("OBWA") and the City of Okeechobee, which rates, fees or other
charges may be adjusted at any time prior to Closing as that term
is defined in the Interlocal Agreement in accordance with the
procedures durrently utilized by the service provider responsible
for charging and collecting said rates, fees or other charges;
for example, it is acknowledged OBWA is currently adjusting its
rates to take into account its revised cost of water and services
subsequent to October 1, 1994 in accordance with the terms of the
correspondence enclosed herein dated October 6, 1994 from the
City of Okeechobee, which rates will be adopted by OBWA
subsequent to the execution of this Interlocal Agreement.
c:\mdm\20121dj.b
ti
BUUK 360 PAA 117
ItEISOLUTION OF OKEECIIOIIEI, BEACII WATEIt ASSOCIATION, INC.
RATIFYING A RA'I'L SCIILDULE
At a meeting of the Board of Directory of OKI-I-CIIOI31?1- BEACH WATE-It
ASSOCIATION, INC. held o►► August 10, 1993, a quorun► being prescnt, a question was
raised as to the effective date of the rate schedule for connection fees approved by the
Board at its regidar n►ecting on May 15, 1992. Upon a notion and a unanimous vote of
ll►c Board members present, it was
ItI SOLVED by the Board of Directors of OKCCC11013FE 131 ACII WAT131t
ASSOCIATION, INC. Ihat the following connection fees shall be effective as of May 15,
1992:
Meter Size
S y s t c n► s
Installation
Membership
"Dotal Dees
Plus Deposit
Ca p a c i t y
Charge
Fee
Charge
Residential:
5/8x.3/•1"
$550.00
$200.00
$36.00
$786.00
$30.00
314 If
$700.00
$250.00
$36.00
$986.00
$30.00
Commercial:
(See Nose 1)
5/80/4"
$700.00
$375.00
$36.00
$1,111.00
See Note 3
3/4"
$875.00
$425.00
$36.00
$1,336.00
See Note 3
I
$1,750.00
$150.00
$36.00
$2,236.00
Sec Note 3
1-1/2"
$3,500.00
$680.00
$36.00
$4,216.00
Sec Note 3
211
$5,600.00
$850.00
$36.00
$6486.00
See Note 3
311
$8,000.00
See Note 2
$36.00
$8,036.00
See Note 3
`lt'
$12,500.00
Sec Note 2
$36.00
$12,536.00
Sec Note 3
$25,000.00
See Note 2
$36.00
$25,036.00
See Note 3
NOT 1: Any Hit
ler installation with n►ore than one unit or buildin
g to be
connected to (lie meter will be charged as fol
lows: a Systems Capacity Charge of
$550.00
limes
Ilic min►ber of units
or buildings to
be serviced, plus
the installation
charge,
membership fee and the required deposit must be paid before th
e meter will be i
nstalled.
NO"1'I.; 2: For n►cters larger than 2"
the customer must
pay for the nictcr
and the
installation of peter, pipe and fittings, including a backflow prevention device as required
EXHIBIT "B"
BOOK 360 FACE 1718
by OBWA.
NOT 3: All Commercial Del)osits will be set by OBWA and must equal a three
month average water bill with a mininlunt deposit of $60.00.
DATED this 21 st day of September, 1993.
OKE.ECIIOBEE BEACH WATER
ASSOCIATION, INC.
LELAND PEARCE, President
V[?(LNA CUAI31tl 'I_, Secretary
\()IIwA\ItA71 :ti\CONNIit.71'.1•li.t's
O OKEECI-OBEE BEACH WATER ASOCIATION, INC.
1 0040 111g1twny 70 west OR , r~~?
A Okeechobee, Florida 34974-9707 BOOK 360 PACE) 11.9
~['!A I 013-763-3793. FAX A13-467-4335
Serving Customers In Okeechobee And Glades County
NOTICE OF SURCRARGH
`1'O: All Members of Okeechobee Beach Water Association, Inc.
Dear Member:
Okeechobee Bench Water Association has ran average limit of
750,000 gallons per day on the water it purchases under -tile
contract with the City of Okeechobee. During the last three years
we. have exceeded those limits on several.occnelons. P-1ch time we
do so, we jeopardize our contract and relationship with the City.
The City is our sole supply of water at this time. As you
know, OBWA's Board of Directors has begun action to build our own
water plant. However, a new plariL• will not be on line until late
1994.
The Board of Directors has resolved to take Lite necessary
steps to encourage Lite members of the Association to conserve water
no that we do not exceed our gallon limitation and run the risk
Lhat• the City will claim we Dave violated our contract.
Consequently, the Board of Directors has passed a resolution to
J.n'lrose the following surcharges on water use to encourage
conservation until further notice:
itesident ial_.Usage
_vallorrs used
0 - 3000
each 1000 thereafter
Commercial Usage.
• Gallons used
U - 5000
each 1000 thereafter
Regular rate Surcharge
$0.00 0
$2.00 $1.00
Regular rate Surcharge
$16.00 0,
$ 2.85 .15
The surcharge was passed by Lite Board of Directors pur'Juant
Lo the authority granted under. Article IX, Section 1(f) of the
Association's Bylaws.
The aurchargo 14111 beg3.tit 6l:lectJ06
Sl.rt erely,
. i (f
iT
130ARD OF DIRECTORS
Okeechobee Beach Water Association, Inc.
•
OR
fur, 360 ~ r ?0
Okeechobee Beach Water Association, Inc.
SCHEDULE OF FEES
1. Meter testing fee when meter measures ACTUAL COST
within 3% of total volume. Approximate $25.00
A. At customer's request.
2. Turn On Fee $10.00
A. After payment of delinquent bill.
B. At customer's request.
C. After 4:30 P.M. $50.00
3. Turn Off Fee $10.00
A. At customer's request.
B. Non-payment of delinquent bill (3-08-94)
C. After 4:30 P.M. $50.00
4. Return Check Fee $20.00
5. Late charge added to delinquent bill, 10% of
if not paid within ten (10) days'of due date amount
due
6. Replacement of cut off valve. ACTUAL COST
Approximate $40 -$50
7. All commercial deposits will be set by OBWA and
must equal a three month average water bill with
a minimum of $60.00.
8. Residential deposits (3-13-92) $30.00
9. Transfer fee increased from $3.00 to: (11-09-93)
FIRST NOTICE $ 5.00 *TOTAL AMOUNT DUE $35.00
SECOND NOTICE ADD $10.00 *TOTAL AMOUNT DUE $45.00
THIRD'AND FINAL NOTICE ADD $20.00 *TOTAL AMOUNT DUE $65.00
*Residential - includes deposit
Water service will be turned off if transfer is not completed
during the fifteen days following the third and final notice
to new property owners.
10. Franchise Fee of $1.00 per month per meter (11-09-93)
11. Water deposits shall be increased for each account when the
account is delinquent three (3) months or more during a twelve
month period. The deposit must be increased to an average of
a three (3) month bill, with a minimum of $30.00 for
residential accounts and a minimum of $60.00 for commercial
accounts. Those accounts that are delinquent three months
during a twelve month period will be notified to increase
their water deposit within fifteen (15) days. (4-05-94)
IF WE DO NOT RECEIVE THE ADDITIONAL DEPOSIT, AS REQUESTED,
THE FOLLOWING POLICY WILL APPLY:
1n the event your water service is turned off for a delinquent
bill, the total of the additional deposit, plus the delinquent
water bill and turn off/turn on fees must be paid in full
before water service can be turned on. (8-29-94)
EXHIBIT "B"
•
OR-, 360 ME;L I. 1
OKEECHOBEE BEACH WATER ASSOCIATION
EXISTING AND PROPOSED WATER RATES
EXISTING RATE
METER METER NUMBER CHARGE TOTAL
SIZE CODE OF PER REVENUE
UNITS UNIT
AL
5/8" B
3/4" C
ill D
CONSUMPTION
(OVER 3,000 GALLONS)
5/8" G
3/4" H
1" I
2" K
3" L
4" M
611, N
CONSUMPTION
(OVER 5,000 GALLONS)
MONTHLY TOTAL
ANNUAL TOTAL
3038
$8.00
$24,304.00
1
$8.00
$8.00
3,
$8.00
$24.00
5035
$3.00
$15,105.00
131
$16.00
$2,096.00
8
$16.00
$128.00
23
$16.00
$368.00
4
$16.00
$64.00
6
$16.00
$96.00
3
$16.00
$48.00
3
$16.00
$48.00
1
$16.00
$16.00
3510
$3.00
$10,530.00
$52,835.00
$634,020.00
EXHIBIT "B"
Bux 0 P~CEl 144
OKEECHOBEE BEACH WATER ASSOCIATION
EXISTING AND PROPOSED WATER RATES
PROPOSED RATE
METER METER NUMBER CHARGE TOTAL
SIZE CODE OF PER REVENUE
METERS UNIT
RESIDENTIAL
B
3038
$16.25
$49,367.50
3/4" C
1
$16.25
$16.25
1" D
3
$16.25
$48.75
CONSUMPTION
5035
$4.00
$20,140.00
(OVER 3,000 GALLONS)
COMMERCIAL
5/8" G
131
$31.25
$4,093.75
3/4" H
8
$31.25
$250.00
1 " I
23
$31.25.1
. $718.75
1-1/2" J
4
$31.25
$125.00
2" K
6
$31.25
$167.50
3" L
3
$31.25
$93.75
4" M
3
$31.25
$93.75
6" N
1
$31.25
$31.25
CONSUMPTION
3510
$4.00
$14,040.00
(OVER 5 , 000 GALLONS)
MONTHLY TOTAL
$89,206.25
ANNUAL TOTAL
$1,070,475.00
EXHIBIT "B".
11/02/94 12:07
813 467 X35
-
OKEE BEACH WATER,*
PAGE 02
OR
- 360
r.c ;
PAGE I
~
6C.
~
t' O
r City of Okeechobee
65 S.E. Third Avenue 0 Okeechobee, Florida 34974-2933.813/763-3372
October 6, 1994
Mr. Landon C. Fortner, Jr.
Okeechobee Beach Water Association
8840 nay. 78 went
Okeechobee, Florida 34974
Res New fees
Dear L.C.:
Listed below are the new fees for the water service for OgWA ag
of October It 1994:
Monthly Debt service - $ 3,225.00
Monthly Service Availability - $ 4,800.00
Cost per 1000 gal. - $ 1.38
Please call if you need any additional information.
Sincerely,
Wayne 9. Jones
Director of Public Utilities
RULES & REGULATIONS
BR GK
360
PAGE 1 4
OF
KING'S BAY WATER COMPANY, INC.
The following Rules and Regulations have been adopted on
August 13, 1992, by Board of Directors of King's Bay Water Company,
Inc. (hereinafter the Com an
persons and entities usin p y)' and shall be observed by all
services. g, or desiring to use, the Company's
So used herein, the terms "OWNER" and "CONSUMER" shall be used
interchangeably, and shall refer to the legal owner of re
property served by the water system operated by the Company. al
1. APPLICATION FOR CONNECTION.
the Company, after August 1 1992 Connection to the mains of
application of the owner of the will be made on the written
premis
his duly authorized agent, onformses to be supplied with water,
after the approval of the application by the Company, and
thereon, by the Company indorsed
The size of service lines, valves, meters, and other
fittings, fixtures, or appliances necessary to render the service
for which application is made shall be determined by the Company.
2. APPLICATION FOR SERVICE. On application of the owner
his duly authorized agent' water will be furnished through existing
connections, or, on a n
connections, after owner agrees ttoncomplyt with the rates, rule new
regulations of the Company and after the approval rules and
application by the Company indorsed thereon. The applicationfshalI
state the name of the owner of the
extent of the service desired premises, the character and
premises,
including the name of the street and house number, thee number and
kind of fixtures through which water will be supplied,
other information as the Company may reasonably require. and such
3. CHANGE IN OWNERSHIP OR SERVICE.
made and approved b A new application must be
pro ea by the Company on any change in ownership of
applications and the Companyimay disco described in the original
such time as a new application is madet and a the water supply ume1
changing the ownership or service shall be responsible Tfor cnayment
of all reasonable charges made by the Company for use of its water
until the new application is approved by the Company.
4. PAYMENTS. At the time of makin a
connection or service, the a g Pplication for
the Company of the fees
pplicant must make payment in full to
, depsits, or rates,
fixed by the company for he nse vice r q estedas the case may be,
5. CONNECTIONS. The Company will maintain at its own cost
all necessary fittings, pipes, and appliances, including all meters
and meter boxes, necessary for delivery of water to the consumer's
Pipeline at the outlet side of the meter, hereafter referred to as
the "point of delivery".
meters, and meter boxes shall remain ftheings, pipes, appliances,
proprt
and shall at all times be accessible to the C meany of the Company
control. P y, and under its
Should it be necessary to install a feeder line to connect a
consumer to an existing main line, the consumer shall pay the cost
charged by the company for installing the feeder line. Payment for
installation of the feeder line shall be in addition to and payable
at the same time the connection fee
maintain the feeder line at its expensesafter.ins allation3. shall
The service line from the point of delivery to the building
and on the consumer's premises shall be laid and maintained b
consumer at his own cost. The line shall be of ample size, of
standard weight and quality, and all cutoffs, valves, fixtures, and
appliances furnished by consumer shall be maintained in good order
and condition.
1
EXHIBIT 11611
0
• B GK 360 PAA 25
f. Should a consumer convert his service from commercial
use to residential use, he shall provide procf to the Company that
the property is not used as a commercial use and/or the additional
units which caused the property to be classified as a commercial
use have been removed from the property and the water line properly
capped.
10. CUT OFF VALVE. On all installations after August 1, 1992,
a cut off valve must be placed in the pipeline on the premises of
the consumer within twelve inches of the point of delivery, at the
consumer's expense, to be used in case of break or other necessity,
so that pipes needing to be repaired can be cut off without the
necessity of.using the cut off valve inside the meter box. Damage
by the consumer to the valve inside meter box will be charged to
consumer.
11. METERS. All meters shall be furnished by the Company and
shall remain the property of the Company and be accessible to and
subject to its control. Meters shall be conveniently located at a
point approved by the Company, so as to control the entire supply,
and when located on premises of consumer a proper place and
protection therefor shall be provided by consumer.
a. Meters will be maintained by the Company so far as
ordinary wear and tear are concerned. Consumer shall notify the
Company of any damage to or the malfunction of a meter as soon as
the damage or malfunction comes to consumer's knowledge.
b. When water is furnished by meter, the quantity
recorded by the meter shall be conclusive on both consumer and the
Company, except when the meter has been found to be' registering
inaccurately or has ceased to register. 1n the latter case, the
quantity of water used may be determined by the average
registration of the meter over a minimum period of three months
when the meter was in good working order.
C. In the case of a disputed account involving the
accuracy of a meter, such meter shall be tested on request of
consumer and the consumer shall be billed by the Company for its
actual cost in making such test. If the meter so tested is found
to have an error in registration of three percent (3%) or more,
there shall be no charge for the testing and the bills will be
increased or decreased accordingly.
13. DISCONTINUANCE OF SERVICE. Service under any
application, including public fire protection, may be discontinued
for any of the following reasons:
a. For misrepresentation in the application for service,
as to property or fixtures to be supplied, or the use to be made of
the water supply.
b. For the use of water on any property or for a purpose
other than that described in the application. Use of running water
to prevent freezing, or to coal containers or the contents thereof,
is not legitimate use and is particularly prohibited.
C. For wilful waste of water through improper and
imperfect pipes, fixtures, meters, or otherwise.
d. For failure to keep in good order and to protect the
Company's connections, service lines, or fixtures.
e. For neglecting to make or renew advance payments, or
for nonpayment of any account for water supplied or water service
or fire protection, or of any scheduled fees or charge as required
under these rules and regulations.
f. For return of any check by the bank, when payment by
check was for payment of delinquent bill.
g. For molesting any service pipe, meter, cutoff valve,
or any other appliance of the Company controlling or regulating the
water supply.
3
J1 1
BGCK 360 r4a 1 O
20. USE OF WATER FROM FIRE HYDRANT.
person except an
employee of the Company duly authorized shall take water from any
fire hydrant or stand pipe for any urpos exct or use o the
fire department in case of fire, andpwater esh l le notf be takenffrom
a fire hydrant or stand pipe for sprinkling streets, flushing
gutters or sewers, or for any other
extinguishment of fires, unless speciall purpose except for the
y permit
the Company for the particular time and o
ccasionted in writing by
21. BASIS OF RATE FOR FIRE HYDRANT. The rate fixed in the
schedule to be paid for fire hydrants contemplates the use of
sufficient amount of water through such hydrants for the bona fide
purpose of extinguishing fires, by or under the supervision of fire
department employees or officials, and does not authorize the use
of the hydrants or stand pipes and the water that flows through
them by so-called salvage companies or any other unauthorized
person.
22. FURNISHING OF WATER BY CONSUMERS TO OTHERS. No consumer
will be allowed to furnish water to another
authorized by the Company, except in cases of extremes emergency,
and then only for a limited time, or until such extreme emergency
has passed.
23. CONSERVATION OF WATER. All consumers shall cooperate in
the conservation of water. All pipes and plumbing fixtures must be
repaired or turned off as soon as a leak is located. Consumers must
observe all additional water restrictions issued by the Company
and/or South Florida Water Management District. No driveway washing
or lawn sprinkling shall be done between the hours of 9:00 AM and
5:00 PM.
24. RESALE OF WATER. No consumer that
the Company shall resale the water in any way. ptlrchases water from
KING'S BAY WATER COMPANY, INC.
r
BY: ~(a;r ~
Vee cr rn e a t y
5
0
•
B GK U0 PAGE 1 I " I
King's Bay Water Company, Inc.
SCHEDULE OF FEES
1. RESIDENTIAL
Minimum monthly charge of $5.35 for the first 1,000 gallons of
water; and $2.75 per 1,000 gallons above the minimum monthly
charge.
2. Meter testing fee when meter measures ACTUAL COST
within 3% of total volume. Approximate $25.00
A. At customer's•requeSt.
3. Turn On Fee $10.00
A. After payment of delinquent bill.
B. At customer's request.
C. After 4:30 P.M. $50.00
4. Turn Off Fee $10.00
A. At customer's request.
B. Non-payment of delinquent bill (3-08-94)*
C. After 4:30 P.M. $50.00
5. Return Check Fee $20.00
6. Late charge added to delinqueit bill, 10% of
if not paid within ten (10) days of due date amount
due
7.
Replacement of cut off valve.
ACTUAL COST
Approximate $40- $50
8.
All commercial deposits will be s
et by OBWA and
must equal a three month average
a minimum of $60.00.
water bill with
9.
Residential deposits (3-13-92)
$30.00
10.
Transfer fee increased from $3.00
to: (11-09-93)
FIRST NOTICE $ 5.00
*TOTAL AMOUNT DUE $35.00
SECOND NOTICE ADD $10.00
*TOTAL AMOUNT DUE $45.00*'
THIRD AND FINAL NOTICE ADD $20.00
*TOTAL AMOUNT DUE $65.00
*Residential - includes deposit
Water service will be turned off i
during the fifteen da
f
ll
f transfer is not completed
ys
o
owing
to new
ro
t
the third and final notice
"
p
per
y owners.
•
s
B(0 360 PACE 172 8
RESOLUTION NO. 89-5
A RESOLUTION ESTABLISHING A SCHEDULE OF RATES, FEES AND CHARGES FOR WATER AND
WASTEWATER SERVICES; PROVIDING FOR AN EFFECTIVE DATE:
BE IT RESOLVED by the City Council of the City of Okeechobee, Florida, as
follows:
SECTION ONE: Pursuant to section of the Code of Ordinances of the City of
Okeechobee, the following schedule of rates, fees and charges for water and
wastewater services shall be:
A. WATER RATES AND FEES:
1. Monthly Water volume
l
charge per 1000
CITY
$ 1
COUNTY
ga_
lons, all gallons,
all meter sizes
.70
$ 2.13
Monthly Conservation
surcharge
Residential onl all
gallons
ll
gallons over 15,000
$ 2.13
$ 2'67
, a
meter si
zes.
2• Minimum Service Char
e:
MONTHLY
AMOUNT
Meter Size
CITY
COUNTY
5/8" X 3/4"
$ 3.10
$ 3.88
1"
.
7.75
9.70
1-1/2"
15.50
19.40
2"
24.80
31.04
3"
49.60
62.08
4"
77.50
97.00
6"
155.00
194.00
8"
248.00
310.00
3. Water Connection Fees:
Meter size
5/8" X 3/4"
CITY COUNTY
$ 500.00 $ 625.00
1,250.00 1,562.50
2,500.00 3,125.00
2"
4,000.00 5,000.00
3"
8,000.00 10,000.00
4"
12,500.00 15,625.00
6" 25,000.00 31,250.00
8"
40,000.00 50,000.00
Where -a-developer iaG in etl-ed--the-ma4*-wa-teT-=-.i-neee--and-fr-e- ceded-t-he
wa-te-r-s er-.:iee-lone---inelArd-in g-the--eu-t--o-f-f-a ri d-mete=-b e, € , all =
aeee~anee-wit-#~~t-y-Epee=~~~ens-a-ad-a-t-rye-e~pen-e e-t e-t-he-G-rt-~8
g~-ended--r:=-~~da,. , o ~ ~ ads o_ ~ ~ ~ The-~e~eee~-men-wee--wain
be-~ceduee ' e-=5 eft#e--a eeetien €ees. ie Resolution 92-5 2-4-
1
EXHIBIT "B"
•
•
92 5GGK 360 PAGE1'9J
4. Backflow Prevention Fees
Meter Size
CITY COUNTY
5/8"X3/4" $ 225.00
$ 281.25
275.00 343.75
350.00 437.50
210
425.00 531.25
Fees for Backflow Prevention Devices shall be added to above connection
fees. Backflow prevention devices shall be required for all premises
likely to have cross connections. The type of device used will be
determined by the director.
Fees for Backflow Prevention Devices larger than two (2) inch shall be
calculated by the Department of Public Utilities and price shall be
based upon the cost of materials, labor, equipment plus 25% for all
services outside city limits and an administrative charge of 15% of
total cost.
5. Water System Car~acity Fees:
CITY
Meter Size
5/8"X3/4" $ 500.00
1,250.00
2,500.00
2"
4,000.00
3"
8,000.00
4"
12,500.00
6"
25,000.00
8"
40,000.00
6.
Wholesale Water Treatment:
COUNTY
$ 625.00
1,562.50
3,125.00
5,000.00
10,000.00
15,625.00
31,250.00
50,000.00
COUNTY
1.38
- large MONTHLY AMOUNT
Meter Size CITY COUNTY
• 2"
$ 400.00 $ 500.00
3" 800.00 1,000.00
4" 1,200.00 1,500.00
6" 2,400.00 3,000.00
Fees for sales for resale for meters larger than 6 inch shall be based
upon total water requirements.
CITY
Wholesale water treatment rate is based $ 1.10 $
upon the metered water volume charge per
1000 gallons all gallons, all meter size
Minimum Service Cl
2
OR '
6RGK 360 PAGE Y 13U
7.
Surcharge to be applied to water gallonage rate per 1000 allons
deemed necessary by the City council. 9 whei
Percent Reduction in
Water Usage Required Percent Surcharge Applied
Gallonage Charge
Og
0%
10% 25$
25$
50$
50$
100$
Mobile homes, townhouses, apartments and recreational vehicles
individual meters will be considered as residential units.
on
8• Customers without city water meter service which connect to
Wastewater System shall pay the following connection fees. The fee
be for the installation of a water meter in the water line the City
hall
to the building to measure the volume of water and shall be used to
calculate the sewer charges. These charges in lieu from the well
Section A, 03 and 04 of charges listed in
Size of Meter
CITY COUNT
5/8" X 3/4"
$ 100.00 $ 125.00
1"
150.00 187.50
All Others
Set by Director of
Public Utilities
B. WASTEWATER RATES AND FEES:
CITY COUNTY
1. Wastewater volume charge per 1000 gallons
all gallons, all meter sizes $ 2'24 $ 2.80
2. Monthl Service Charge:
Meter Size
CITY
COUNTY
5/8"X3/4"
$ 8.95
$ 11.19
1"
22.38
27.98
1-1/2"
44.75
55.95
2"
71.60
89.52
3"
143.20
179.04
4"
223.75
279.75
6"
447.50
559.50
8"
716.00
895.00
10"
2,461.25
3,076.50
3
3 • Wastewater Connection Fees:
B OK 3130 PACE 131
Size of Sewer
Service _
CITY
4„
COUNTY
$306.00
$ 48q
§
G"
g- $382.00
Connection fees for
$-7-6-0,0.9- $765.00
e
$--9-5-0-A- $956.25
water requirements.
conn
ctions larger than 6"
shall be bas
ed
upon total
Wt3
y r -sewe i~rres-end-per-e
Serge-- e e- tae-pre
g
'
a
pe i f
ip at--
es -an
e~-e.i
p
e
t-n~-e pe se-fie- ",---„'--~ece -danee-w t~~„
~ae-pr-e~
m'
n
,
ea-~r--see-t-~tens~-g._
3e-een•need-en-wee-we
albeue-e
eet4Oe--€eee, ie Resolutio
9
1-
n
1-5 11
-5-
91, 92-5 2-4-92 2
4. Wastewater S stem Ca
acit
Fees:
Meter Size
CITY
5/8"X3/4"
$ 954
C0=-
$
459.00 $
"
1
573.75
2748&,9-A- 2,400.00
1-1/2"
3,000.00
4,800.00 -
_~cQ
-S
2
7
&Q6,000.00
7,680.00
3"
9,600.00
14,400.00
411
18,000.00
ETA-O--
24,000.00 2
9
41
6"
7
2,&g_
30,000.00
47,700-OG- 48,000.00 9
9
625
8„
,
.
- 60,000.00
76, 800. 00 -
5
000
10"
0
-
-,-09- 96, 000.00
1
110,400.00
1
138,000.00
172,800.00
216,000.00
5. Wholesale Wastewater Treatment:
Wholesale wastewater treatment r t
based upon the
1000 gallon
metered consumption=per
CITY
COUNT3C
s of
wastewater flow
$
Minimum Service
Char
1.60
$ 2.00
e:
MONTHLY
AMOUNT
Meter Size
CITY
COUNTY
2"
$1,100.00
$ 1,375.00
3"
2,200.00
2,750.00
4"
3,300.00
4,125.00
6"
6,600.00
8,250.00
Fees for wholesale treatment for meters
based upon total wastewater requirements.
larger than 6
inch shall be
4
BO GCK 360 PACE 1 ( 32
6. Reclaimed Water:
CITY CO~TY
Volumetric charges for reclaimed water
shall be based u
on
t
$ .16 $
p
me
ered consumption
per 1000 gallons and billed
•20
monthly.
7. Septage:
Septage charges per 1000 gallons
•
$ 100.00 $ 125
00
B. Industrial Wastewater:
.
To be determined on an individual basis
characteristics of wastewater b
s
i
according to volume and
y
pec
al agr
eement.
9. High Strength Industrial Wastewater Surch
arg
e:
To be determined on an individual basis
characteristics of wastewater b
according to volume and
y special agr
eement.
C. Capital Recovery Cost (Debt Services
MONTHLY AMOUNT
Meter Size
CITY
5/8" X 3/4 $ 10.00
COUNTY
12.50
125.00
15_ 6.25
„
250.00
31
2" .
375.00
468.75
3"
750.00
937.50
4"
1,250.00
1,562-50
2,500.00
3,1_ 25 00
UO„ _4,562.00
5,703.12
1011 _7,375.00
9.218.75
12" 10.750.00
13,437.50
Fees for capital recovery costs for meters larger than 6-4-2-inch shall
be based upon total water requirements. ie, 11-6-90, ie, 6-18-91, ie, 7-
19-94
D. FIRE PROTECTION EQUIPMENTFCES•
1. Sole Proprietary Fire Protection Systems: (Sprinkler Systems)
Size of Service Dionthly Amount
CITY COUNTY
4"
$ 35.00 $ 43.75
6"
70.00 87.50
B„ 150.00 187.50
10" 300.00 375.00
2. Maintenance fee for fire hydrants in the
County that have been accepted by the
County. $120.00 per hydrant per year.
5
360 PACE 1 33
BU
CK
3 • The charges for temporary water service de
meter shall be as follow
livered through a fi
s:
re h
hydrant
a• Set-up charge
CITY
COUNTY
O--
b. Monthly availability charge
C. Consumption
$ 50.00
30
$ 62.50
per 1000 gallons
d. Meter relocation
.00
2
00
37.50
per move
e. Removal of meter by other than City
Force
.
25.00
2.50
31.25
s
f. Penalty for unauthorized taking of
t
f
100.00
125.00
wa
er
rom hydrant, in addition to consumption
charge (consumption t
300.00
375.00
o be estimated by
Director of Public Utilities)
E. Special Service Char es Per Occurrence
1• Turn on for new customer
CITY
CONY
2. Turn off at customer
$ 10.00
$ 12.50
request
10
00
3. Final Notices mailed to delinquent a
.
12.50
ccounts
4. Reconnectin
wat
g~
g
er service after such
service has been turned off at
10.00
12
50
customer
request and before meter removed
.
5. Turn off for delinquency in
m
pay
ent of a
bill or failure to pay increased water deposit 10.00
as required
12.50
6. Reconnecting water service after payment of
a delinquent bill
10
00
or payment of increased
water deposit when service has be
.
12.50
en turned
off and before meter is removed
7• Performance of any of above services after
regular office hours
30.00
37
.50
8. Turn water off and remove meter at customer
request for more than 30
days and less than
365 days in order to discontinu
e monthly
service availability charges and garbage
fees.
a. 5/8"X3/4" Meter
b• 1" meter
40.00
50.00
c• All others
60.00
75.00
9
100.00
125.00
. Install meter and turn water on within 365
days after disconnecti
on was done at same
customers request at which time monthly
servi
ce availability charges and garbage
fees will
resume.
a. 5/8"X3/4" Meter
b• 1" meter
40.00
50.00
c. All others
60.00
75.00
100.00
125.00
10. Install meter and turn water on for
any customer after 365 days where water
was discontinu
d
e
and meter removed.
Same fees fo
r new
water and or
sewer
service
6
•
U
OR
BOCK 366 PAGE 1 13 4
11. Meter reread at customers request
a. Standard scheduling
b. By appointment
c. No charge for discrepancy of 10,000
gallons or more
12. Testing water meter at customers request
a. Test result showing meter reads
high (fast)
b. Test results showing meter reads correctly
or below (slow)
5/8"X3/4" Meter
Meter
1-1/2" Meter
2" Meter
Above 2" Meters
13. Illegal turn-on or tampering with water
meter; per occurrence service line to be
removed after second occurrence at same
location and same occupant.
14. Reinstallation of service line after removed
due to repeated illegal turn on or tampering
with service
15. Developer or owner changing meter from one
location to another without permission of
utility department; per occurrence
16. Destruction of meter and/or related equipment
20.00 25.00
30.00 37.50
No Charge
25.00 31.25
35.00 43.75
50.00 62.50
75.00 93.75
Set by Director of
Public Utilities
50.00 62.50
Same fees for new
water and/or sewer
service
50.00 62.50
Charge based upon actual replacement cost (labor and materials)
plus a 15% administrative charge or $100.00 whichever is greater;
per occurrence
17. Returned Check
$15.00 or 5% of the amount of the check, whichever is greater plus
other applicable fees in the event service is discontinued.
18. Account record history, requested by customer
a. 12 months or less
b. Over 12 months $3.00 per record
$2.50 per 1/4 hour
19. Recording of easements, annexation or fraction thereof
agreements, etc. $10.00 each page
20. Project plan review
The Public Utilities Department will review all plans and
specifications of all proposed extensions and or developments and
owner or developer will pay a one time fee
$10.00 per page of
drawing
Project plans will not be approved until full payment of the fee is
received by department
7
21. Project Inspection BGGK 360 PACE1 X35
All projects must be inspected by the utilities department and the
owner or developer shall pay fees at the rate of $20.00 per hour
during regular office hours and 1-1/2 times that rate after regular
office hours billed monthly and paid before C.O. is approved.
22. Miscellaneous charges for service not included above
Actual cost of materials and labor required plus an administrative
charge of 15% or $25.00, whichever is greater
23. Billing and collection of utility fees for others or third party billing
a. Initial set-up charges g
create a file
computer program maintenance $.50 Per account
accounting services $22.50 Per 1/4 hour
$2.50 per 1/4 hour
b. charge for billing
$1.00 per account
24. Delinquent fee on inactive and unpaid accounts 1.5% per month on
delinquent amount
due
25. Deposits for Services (minimum) ie, 11-6-90, 2-4-92
W~te-~-see-v~ee-9
SewP~-~
Water -a-o C e r
~~~~e~i-ee-Qn 1 y c ~ c n n
Eemm. ela!
A-1-~.-eemme~e~~~-aeeoun-t e-~ne~-ud~ng-e ei-n~aE~n
eanauine-re -s#all:be-tee ~~~nd~ndu$t~a-i
qua-wed-a-ina~~
deposit f ' {'4-cite
de ae -eb , , l _ tended-and-Prev~ed--and-t-he
P mein=moo-ne-den-- t-~-
iiFei3-ch-B-b 'z-rr-cem~}•uzcc -z.~.z e t , ~rmr---c:re--av-e-~^
e et ~=~~v~n nT-even
eemmer-- - g --i-ati,ame-betwe4an-t-he-~
~-1-~eeeu-nt but :i -p er
be--k e-depee-irt
a,4: ar s -,mo t-h
a-nd-ene- 4v&nd-red--f-i-f - ene-ae-v ee
ee-'-"`•4~ 'ie Resolution 92-5~2-4-92 areY~~ri-~a~t ~}--sewer
a. 5/8"X3/4" METER CITY
COUNTY
Water Service on'-- $ 50.00
Wastewater Service Only 62.50
Water and Wastewater Service 50.00 62.50
100.00 125.00
b. WATER OR WASTEWATER SERVICE ONLY
METER SIZE
CITY
COUNTY
1 1 2"
2„
$ 12.50
~ 625.00
$ 390.62
1--181-25
3„
1,000.00
$ 1,250.00
4„
~ 1,875.00
$ 2,343.75
6„
$ 3,125.00
$ 3,906.25
811
$ 6,250.00
$ 7,812.50
$10,000.00
$12,500.00
12"
$14,375.00
$17,968.75
$22,500.00
$28,125.00
8
0
c. WATER AND WASTEWATER SERVICE
METER SIZE
1"
1 1 2'
2"
3"
4"
6"
1091
12"
CITY
$ 625.00
$ 1,250.00
$ 2,000.00
$ 3,750 00
6,250.00
$12,500.00
$20,000.00
$28,150.00
$45,000 00
d. RESIDENTIAL GARDAGE SERVICE IN THE CITY ONLY:
26. Laboratory Test By City
0
BUCK 360 PAGE 1 I ~ ,
COUNTY
$ 781.25
$ 1,562.00
2,500.00
-$-4,687. 5 0
$ 7,812.50
$15,625.00
000.00
fl35,937.50
5,$56', 250.00
35.00
The Public Utilities Department may perform laboratory testing for a
developer or individual at the following prices:
Pe- r Test
A. B.O.D.
B. Suspended Solids
C. Chlorine Residual
D. Fecal Colif orm
E. Total Coliform
F. Chloride
G. Fluoride
H. pH
I. Total Dissolved Solids
J. Dissolved Oxygen
K. Turbidity
$ 15.00
12.00
5.00
15.00
15.00
_ 12.00
10.00
3.00
6.00
5.00
7.00
The above testing will be done in the City's laboratory. Any other
testing will be sent to a certified lab and the developer or individual
will be billed the cost for the testing plus a 15% administrative
charge. All samples must be delivered to the city lab in approved
containers. If the city collects samples or perform testing in the field
then actual cost of labor plus a 15% administrative charge will be added
to above fees.
SECTION TWO:
This resolution shall take effect with consolidated bills rendered
November 1, 1989 and thereafter; and to all agreement approved by the
City Council on September 19, 1989 and thereafter.
CITY OF OKEECHOBEE, FLORIDA
Mayor
(Seal)
Attest:
City Clerk
9
System Rates and Rate Structures DGLK 3U0 eACr1 1
i
i
The City has covenanted in the Resolution to fix,
establish, revise, maintain and collect certain fees, rates,
rentals and other charges for services and facilities of the
System (the "Rate Covenant").
The level of rates charged to each class of customers
for service is the subject of periodic cost of service studies
done by the City in conjunction with outside consultants. These
studies evaluate the adequacy of the current rate schedules in
complying with the Rate Covenant and covering anticipated
expenses of operation, maintenance and administration, renewals
and replacements, and in paying principal and interest on the
System's debt obligations.
Potable water charges for individually metered
residential customers consist of three components: (1) a minimum
service availability charge, (2) a capital recovery component for
debt service, and (3) a volumetric water use rate. All customers
pay the applicable minimum monthly availability and debt service
charges, as set forth in the following tables, whether or not
water is used.
Service Availability Charges (Within City Limits*)
Meter Size
Water
Sewer
5/8" to 3/4"
"
$ 3.10
$ 8
95
1
1
-1/2"
1
7.75
.
22.38
291
15.50
44.75
3"
24.80
71.60
4"
49.60
143.20
6"
77.50
223.75
8~~
155.00
447.50
10"
248.00
716.00
N/A
2,461.25
*Charges for customers outside the City limits are 25% higher.
N/A=Not Applicable.
40
EXHIBIT "B"
BGGK 36 0 PACE / 3 U
Capital Recovery Charges (for Debt Service)
Inside
Outside
Meter Size
city
City
5/8" to 3/4"
$ 8.50
$ 10.63
1 11
85.00
106.25
1-1/2"
170.00
212.50
2"
255.00
318.75
31@
510.00
637.50
411
11
850.00
1
062.50
6
'
"
1,700.00
,
2
125.00
8
3,100.00
,
3
875.00
10"
5,000.00
,
6
250.00
12"
7,300.00
,
9,125.00
Volumetric Water Use Rates
The City's volume charges are $1.70 per 1,000 gallons
all gallons, all meter sizes for water ($2.13, outside City
limits), and $2.24 per 1,000 gallons, all gallons, all meter
sizes for wastewater ($2.80, outside City limits).
The City has also enacted rates which incorporate a
water consumption conservation surcharge (the "Conservation
Surcharge"). The Conservation Surcharge applies to all gallons
over 15,000 gallons, all meter sizes and is $2.13, inside the
City limits and $2.67, outside the City limits.
Billing and Collection Procedures
The City bills and collects for water and sewer service
on a monthly basis. All customers inside the City limits are
billed on the 15th of each month and payments are due by the
first of the following month. All customers outside the City
limits are billed on the first day of each month and payments are
due by the 15th of the same month. Prior to rendering service,
the City requires a deposit of approximately two times the
average monthly bill for the class of customer seeking utility
service. In the event of customer non-payment of a utility bill,
City service is subject to suspension after the 25th day of
delinquency. Historically the City has not experienced material
losses from nonpayment.
Environmental Matters
General. Operations of the System are subject to
regulation by certain Federal, state and local authorities.
However, Federal and state standards and procedures that
currently regulate and control operations of the System may
change from time to time as a result of continuing legislative,
regulatory and judicial action. Therefore, there is no assurance
that the potable water production and/or wastewater treatment
41
BGUK 360 PACE1
I3J
System Rates
and Rate Structures
The
City has covenanted
in the Resolution
to fix,
establish,
revise, maintain and
collect certain fees,
rates,
rentals and
other charges for services and facilities
of the
System (the
"Rate Covenant").
The level of rates charged to each class of customers
i for service is the subject of periodic cost of service studies
done by the City in conjunction with outside consultants. These
studies evaluate the adequacy of the current rate schedules in
complying with the Rate Covenant and covering anticipated
expenses.of operation, maintenance and administration, renewals
and replacements, and in paying principal and interest on the
System's debt obligations.
Potable water charges for individually metered
residential customers consist of three components: (1) a minimum
service availability charge, (2) a capital recovery component for
debt service, and (3) a volumetric water use rate. All customers
pay the applicable minimum monthly availability and debt service
charges, as set forth in the following tables, whether or not
water is used.
Service Availability Charges (Within City Limits*)
Meter Size
Water
Sewer
5/8" to 3/4"
$ 3.10
$ 8.95
1"
7.75
22.38
1-1/2"
15.50
44.75
2 11
24.80
71.60
3 1t
49.60
143.20
4"
77.50
223.75
6"
155.00
447.50
8"
248.00
716.00
10"
N/A
2,461.25
*Charges for customers outside the City limits are 25% higher.
N/A=Not Applicable.
40 EXHIBIT "B"
BGX 360 iiAcI L / 110
Capital Recovery Charges (for Debt Service)
Inside
Outside
Meter Size
City
city
5/8" to 3/4"
$ 8.50
$ 10.63
1 11
85.00
106.25
1-1/2"
170.00
212.50
2"
255.00
318.75
3"
510.00
637.50
4"
850.00
1,062.50
6"
1,700.00
2,125.00
8"
3,100.00
3,875.00
10"
5,000.00
6,250.00
12"
7,300.00
9,125.00
Volumetric Water Use Rates
The City's volume charges are $1.70 per 1,000 gallons,
all gallons, all meter sizes for water ($2.13, outside City
limits), and $2.24 per 1,000 gallons, all gallons, all meter
sizes for wastewater ($2.80, outside City limits).
The City has also enacted rates which incorporate a
water consumption conservation surcharge (the "Conservation
Surcharge"). The Conservation Surcharge applies to all gallons
over 15,000 gallons, all meter sizes and is $2.13, inside the
City limits and $2.67, outside the City limits.
Billing and Collection Procedures
The City bills and collects for water and sewer service
on a monthly basis. All customers inside the City limits are
billed on the 15th of each month and payments are due by the
first of the following month. All customers outside the City
limits are billed on the first day of each month and payments are
due by the 15th of the same month. Prior to rendering service,
the City requires a deposit of approximately two times the
average monthly bill for the class of customer seeking utility
service. In the event of customer non-payment of a utility bill,
City service is subject to suspension after the 25th day of
delinquency. Historically the City has not experienced material
losses from nonpayment.
Environmental Matters
General. Operations of the System are subject tc
regulation by certain Federal, state and local authorities.
However, Federal and state standards and procedures that
currently regulate and control operations of the System may
change from time to time as a result of continuing legislative,
regulatory and judicial action. Therefore, there is no assurance
that the potable water production and/or wastewater treatment
41
BOOK 360 PACE1 7 41
CHAPTER 18
WATER AND SEWER REGULATIONS
ARTICLE I•IN GENERAL
ARTICLE II WATER SYSTEM
ARTICLE III SEWERS AND SEWAGE DISPOSAL
ARTICLE I IN GENERAL
18-1 INTENT OF PUBLIC UTILITIES DEPARTMENT
The City of Okeechobee, through its., Public Utilities
Department, declares its intention to-provide water and
or sewer service to the 'incorporated and the
unincorporated areas of the County as requested on a
uniform and nondiscriminatory basis dependent on service
capacity and cost effectiveness. It is a basic policy of
the City of Okeechobee Department of Public Utilities, to
operate, maintain and repair existing water and sewer
systems and for the developers to provide to the City
quality systems that will be economical to operate and
maintain over the life of the facilities. The customers
likewise is responsible for safe guarding the systems,
especially as it pertains to the facilities, providing
service to each one. The City is to operate and maintain
the facilities at the most economical cost to all.
The City will provide sound planning and professional
development of the' City's Utility Department, to serve
the residence, businesses and other utilities as neces-
sary. The City Utility Department will be required to
develop short and long term planning addressing capital
projects and equipment needs to be considered in the
annual budgets. A long term master plan will be required
EXHIBIT "B"
•
BoaK -360 WCE l 42
to be updated at least every five years, during periods
of significant development.
The City Utility Department, shall prior to August 1, of
each year review the ordinance and rate structures and
recommend revisions as necessary to professionally and
fiscally operate and f~A a ►,r.., a , _
systems. Any revisions to the ordinances, resolutions or
rate structures shall be submitted through the City Ad-
ministrator to the City Council for its approval.
16-2 AUTHORIZATION BY CITY COUNCIL
The City Council authorizes the Department of Public ut-
ilities to perform the normal functions required to pro-
perly and prudently conduct routine business matters with
governmental agencies, individuals and business entities,
including but not limited t-n -11-1. .
purchase requests, vehicle and communications requests,
execution of work orders in accordance with previously
approved contracts and payments therefore, individual
water and sewer applications, and such transactions shall
be carried out in accordance with and in compliance with
all ordinances, resolutions or existing policies of the
City Council.
The City Council reserves unto itself all nonstandard or
non-routine functions in all matters related to policy
decisions.
18-3 DEFINITIONS
Unless the context specifically indicates otherwise, the
meaning of terms used in this article shall be as
2
0
follows:
0
OR UK 360 PnE I14 3
Abnormal strengtli wastes shall mean wastes containing DOD
above three hundred (300) milligrams per liter and/or any
waste containing fats, waxes, grease or oil in excess of
one hundred (100) milligrams per liter and/or suspended
solids above three hundred (300) milligrams per liter.
BOD (denoting biochemical oxygen demand) shall mean the
quantity of oxygen utilized in the biochemical oxidation
of organic matter under standard laboratory procedure in
five (5) days at twenty (20) degrees centigrade, ex-
pressed in milligrams per liter.
Building drains shall mean that part of the lowest
horizontal piping of a drainage system which receives the
discharge from waste and other sanitary drainage pipes
inside the walls of the building and conveys it to the
building sewer beginning ten (10) feet outside the
building wall.
Building sewer or lateral shall mean the extension from
the building drain to the public sewer or other place of
disposal.
Backflow prevention device shall mean a device installed
in the potable water line to prevent cross connections or
pollution to the citys' water system.
C.O.D. (denotes chemical oxygen demand) shall mean the
quantity of oxygen utilized in the chemical oxidation of
organic matter under standard laboratory procedure.
Capital Recovery Cost shall mean a monthly fee for
3
BUK 3f 0 PAGE 1 4 4
re a meet of debt inc -bred for the im rovement or
expansion of the water and wastewater system. (Ord. P
623, 1-2-90)
Collection system shall mean all facilities for
collecting, pumping, treating and disposing of sewage.
Commercial includes but is riot necessarily limited to
retail and wholesale sales operations, office build i n.,.
centers hotels motels warehouses
s laundries restaurants hospitals, schools
3~j_nurcnes overnment facilities and other related serv
operations (Ord. X1623, 1-02-90)
Direct Discharge sha11 mean the discharge of treated or
untreated wastewater directly to the waters of the State
of Florida.
Department shall mean the City of Okeechobee Public
Utilities Department.
Distribution System shall mean the network of water pipes
that distribute drinking water to the customer of the
City Public Utilities Department
Dwelling Unit: A Douse, apartment, group of rooms or a
single room occupied or intended for occupancy as
separate living quarters. Separate living quarters are
those in which the occupants do not live and eat with any
other persons in the structure, and which quarters have
either: (i) direct access from the outside of the
building or through a common hall; or (ii) complete
kitchen facilities for the exclusive use of the oc-
cupants.
4
BCCK 360 PAGE 17 ` 5
Director shall mean the director of public utilities of
the City of Okeechobee or his authorized representative.
Fire hydrant shall mean a hydrant that is connected to
the Citys, water system and capable of furnishing water
for.fire protection to all properties near the location
of the fire hydrant.
Fire official shall mean the employee of the City of
Okeechobee appointed by the City Council.
Force Main shall mean the pipe connected to the lift
station to transfer the wastewater pumped from the lift
station toward the wastewater treatment plant.
201 Facilities planning area shall be that area described
in the code and according to master plans.
Garbage means every waste accumulation of animal or
vegetable matter which attends the preparation, use,
cooking, processing, }candling or storage of meats, fish,
fowl, fruits, vegetables or other matter which is subject
to decomposition, decay, putrefaction or the generation
of noxious or offensive gases or odors, or which, during
or after decay may serve as breeding ground or feeding
material for flies, insects or animals.
Indirect discharge shall mean the discharge or the
introduction of non-domestic pollutants from any source
into the POTW.
Industrial wastes shall mean the liquid wastes resulting
from the process employed in industrial, trade or
business establishments.
5
•
BOOK 360 PAGE 1146
Lift Station shall mean a device that pumps the was-
tewater collected in the system toward the wastewater
treatment plant.
Master meter shall mean a meter furnishing water to a
development or building with more than one unit or pad oil
the customers side of the meter.
Multiple Dwellings: Structures occupied or intended for
use as living quarters, containing more than one dwelling
unit, not to include hotels, motels or similar living
quarters which do not contain dwelling units as defined
herein.
Natural outlet shall mean any outlet into a watercourse,
pond, ditch, lake or other body of surface water or
groundwater.
Pads: Spaces, hook-ups, or facilities intended for use or
used as locations for individual mobile homes or travel
trailers which are occupied or intended for use as living
quarters.
Person shall mean any individual, firm, company, as-
sociation, society, group or corporation, or the
directors of a dissolved corporation.
pli shall mean the logarithm of the reciprocal of the
weight of hydrogen ions in grains per liter of solution.
Pollutant shall mean any dredged spoil, solid waste,
incinerator residue, sewage, garbage, sewage sludge,
chemical wastes, biological materials, radioactive
6
0
OR 3f ~ PA~~1 i 4~
materials, liea~, wrecked or discharged equipment, rock,
sand, and industrial, municipal, and agricultural waste
discharged into water.
Pollution shall mean the man made or man induced
alteration the chemical, physical, biological and
radiological integrity of water.
POTW shall mean publicly owned treatment works, which is
owned in this instance by the City.
Private sewage disposal system shall mean a watertight
receptacle which receives the discharge of a drainage
system or part thereof, and is designed and constructed
so as to separate solids from the liquid, digest organic
matter through a period of detention, and allow the
liquids to discharge into the soil outside of the tank
through a system of open joint- or perforated piping, or
disposal pit.
Properly shredded garbage as garbage is defined herein
shall mean that which has been shredded to such a degree
that all particles will be carried freely under the flow
conditions normally prevailing in public sewers, with no
particles greater than one half inch in any dimension.
Public sewer shall mean a common sewer directly con-
trolled by public authority.
Residences: Structures occupied or intended for use as
single family living quarters, containing no more than
one dwelling unit.
Reclaimed water shall mean treated wastewater used for
7
BOCK 3UU PACE 148
the purpose of irrigation of approved sites.
Sanitary sewage shall mean any combination of water
carried wastes from residences, business buildings,
institutions and industrial establishments containing
animal or vegetable matter or chemicals in suspension or
solution, together with such ground water,- surface and
storm waters as may be unintentionally present.
Sanitary sewer shall mean a sewer which carries sewage
and to which storm water, surface water and groundwater
are not intentionally admitted.
Sewer shall mean a pipe or conduit for carrying sewage,
industrial wastes or storm water.
Shall is mandatory, may is permissive.
Slug shall mean any discharge of water, sewage or
industrial waste which in concentration of any given
constituent or in quantity of flow exceeds more than five
(5) times the average twenty four hour concentration or
flows during normal operation.
Storm drain, also termed storm sewer, shall mean a sewer
which carries storm and surface waters and drainage, but
excludes sewage and industrial wastes, other than
unpolluted cooling. water.
Suspended solids shall mean solids that either float on
the surface of, or are in suspension in, water, sewage or
other liquids and which are removable by laboratory
filtering.
OF 149
Ka 360 mE 1
Sole proprietor fire protection system shall mean a water
service that furnishes water to a fire sprinkler system,
Dose cabinet, stand pipe or any other device used
exclusively for fire protection on private property.
Wastewater treatment plant shall mean any arrangements of
devices and structures used for treating sewage.
Wholesale customer shall mean a customer purchasing
water and or wastewater service from the city utility
department with an approved contract- with the city.
The customer's transmission line used to either tranGm;1-
stewater to the city'
t be connected directly into" the3
treatment plant not into_the city's distribution system
(Ord. No. 623, 1-02-90)
Wastewater connection fees shall mean a fee or charge
paid to the City Utility Department by a developer/appli-
cant for the purpose of obtaining wastewater service
capacity. Connection fees will be utilized for the
operation and maintenance of the wastewater collection
system and to pay for related services to the property.
A developer/applicant shall pay to the City a full fee
when installed by the City and shall_pgy 25%-of--the full
fee when installed by the developer/applicant, as found
in Rate Resolution.
Water shortage plan' shall mean the plan adopted by the
city to conserve available water resources during a
declared water shortage and water shortage emergency.
Wastewater system capacity means the rate of wastewater
9
B CK 360 n 1'7 0
flow on an average daily basis measured in gallons per
day, which can be treated and disposed of according to a
wastewater facilities design. System capacity fees will
be utilized for the acquisition, improvement, expansion
and construction of facilities deemed necessary by the
department to furnish wastewater capacity to the property
and to adequately fund capital equipment and improvements
in and for the system.
Water connection fees shall mean a fee or charge paid to
the City Utility Department- by a developer/applicant for
the purpose of obtaining water service capacity. Connec-
tion fees will be utilized for H,- J- :
maintenance of the water distribution system and to pay
for related services to the property. A-developer/appl-ic-
ant..shall pay-to 'the City- •a°`full""fee"wlien 'insi:alled' by
t1ie.City and shall pay 25% of the full fee when installed
by--the-developer/app1i'caiit°;""°as"fbilnd"'In" thij Rate' Resolu-
tion-..•,
Water system capacity shall mean the amount of water
which can be pumped from the lake, treated, transmitted
and distributed on an average daily basis, where such
amount is reserved in gallons per day and includes fire
flow. System capacity fees will be utilized for the
acquisition, improvement, expansion and construction of
facilities deemed necessary by the department to furnish
water capacity to the property and to adequately fund
capital equipment and improvements in and for the system
Watercourse shall mean a channel in which a f low of water
occurs either continuously or intermittently.
18-4 RESPONSIBILITY FOR PAYMENT
The owner, tenant or other person occupying the premises
10
• 0
OR ,r
BLGK 1360 N t'1751
served by the city utility department and to which ser-
vices are provided and billed shall be responsible for
the payment of the consolidated bill whether the services
are used or not. If the premises are leased and occupied
by one or more tenants, the department may not refuse
services or discontinue utility, water or sewer services
for non-payment of service charges by a former occupant.
Further, any such unpaid service charges incurred by a
former tenant will not be the basis for any lien against
the rental property or legal action against the present
tenant or owner, unless the present tenant or owner
benefited directly from the service provided to the
former occupant. These provisions do not apply if the
former occupant did not contract for the service with the
department, or if the department provided services
without knowledge of the former occupants name and the
period such occupant was provided the services. (Ordi-
nance #634, 11-06-90)
The department may contract with a landlord/property
owner to allow the landlord/property owner to be liable
for a tenant's, or future tenant's, payment of monthly
bills and service charges.
The department shall withdraw and expend the security
deposit collected by the department from any occupant or
tenant for the provision of utility, water or sewer sys-
tems for non-payment of services by such occupant or te-
nant.
In the event a tenant fails to make payment for such se-
rvices, the department shall notify the landlord/property
owner, if known Who may there upon commence eviction
proceedings.
11
•
•
BUCK '363 F. G?
The department shall discontinue service after non-pay-
ment by the tenant or owner.
18-5 BILLING ESTABLISHED; 111IEN DUE AND WHERE PAYA13LE
The billing for garbage and trash collections service,
water and sewer service, and other services provided by
the City, shall be billed in a monthly consolidated bill,
and the full amount thereof shall be due and payable when
billed.
All consolidated bills for City services are due upon
receipt and shall be paid at the Office of the Public
Utilities Department or at such other place as the City
may direct by resolution of the City Council.
18-6 DELINQUENCY PENALTY
If any consolidated bill is not paid by the past-due-date
pee-ted--en-eueh-b-i-1-1-,-wl1-1 eli--3B--4-0-dayo-a.f--t-er- bilk is
mail-ed-r cut off date Posted on such bill which is 25
days after '-he due date, there shall be assessed a
penalty against such bill; the amount of penalty is
stated in the fee resolution as adopted by the City
Council, provided that this penalty may be waived for any
residence of a customer who is 65 years of age or older
provided proof of age is furnished to public utility
department. (Ord 9623, 1-02-90)
A-f4n a:l bi-l 1--wi-l-l-b e-ma i-i ed-and-a-s a we e-e 13 a-rge-add ed-t-e
eaell-eue-temer-wlie-hae-net paid-t.he-b-lI-by-# he-paa.t-due
da-te-net-1-fy-ing-Lhe-euei~emer-tha-~ ee-r-v~ees--wi_~1-be
d-i-seent--i-r3ued-it-net--paced-by-t4le-eut of
e--pe s fed--au
t4he-b-1I. Tl~e-aeviee-elzage-o-oet--ferhlt-i
-n--t-13er,a-t-e
ree elru~t-i-en-a s-adep t-ed-by-~h e-G-i-t y--E canei-l-
12
~J
r~
U
18-7 DISCONTINUING SERVICES FOR DELINQUENCY
In the event a customer should have more than one service
address the right of the City to terminate service for
non-payment or other violation of this section, or to
collect past due accounts fees or other charges allowed
by this Ordinance, or to impose a lien on real property,
shall apply whether or not the customer has more than one
service address whether that service is active or
inactive, whether or not the customer has more than one
service address whether that service is active or
inactive whether or not another service address account
rna be current in payment
and may generally be enforced
or a lied to or against an account or real ro ert in
the name of that customer at an time. (Ordinance 0623
11-06-90) '
If any portion of a consolidated bill for all City ser-
vices is not paid by the cut off date posted on such
bill, which is ~§-Mast }~3~~s-maimed 25 days after
the due date all or any of the services provided by such
billing shall be discontinued until all fees and penal-
ties are paid in full. There shall be added to each such
account a water disconnection or turn off charge as
stated in rate resolution, as well as any additional
expense incurred in providing notices of delinquent
account. (Ord. 0623, 1-02-90)
There shall be a service charge for each of the follow-
ing: A. Water turn on for new customers B. Water turned
off when such turn off is done at the request of the
customer or C. When the customer closes the account D.
for reconnecting water service after such service has
been discontinued at the customers request E. For
reconnecting water service after such service has been
discontinued for delinquency in payment of a bill for
13
i OPR
ac~K ►360 FdGi 115 4
City services or r. For failure to pay an increased
deposit as required, G.As well as any additional expense
incurred in providing notices of delinquent account. This
service charge shall be in addition to other charges and
penalties established by the City. See rate resolution
18-8 PENALTY; COSTS.
(a) Civil penalties. Any user who is found to have
violated an order of the city council or who willfully or
negligently failed to comply with any provision of this
code, and the orders, rules, regulations Hereunder, shall
be fined not less than one hundred dollars ($100-00) nor
more than two hundred fifty dollars ($250.00) for each
offense. Each day on which a violation shall occur or
continue shall be deemed a separate and distinct offense.
In addition to the penalties provided herein, the city
may recover reasonable attorneys,
fees, including
appeals, court costs, court reporters' fees and other
expenses of litigation by appropriate suit at law against
the person found to have violated this article or the
orders, rules and regulations Hereunder.
(b) Falsifying information. Any person who knowingly
makes any false statements, representation or certifica-
tion in any application, record, report, plan or other
document filed or required to be maintained pursuant to
this article or who falsifies, tampers with, or knowingly
renders inaccurate any monitoring device or method
required under this article, shall, upon conviction, be
punished by a fine of riot more than one thousand dollars
($1,000.00) or by imprisonment for not more than six (6)
months, or by both.
14
DOCK ~3uU P11C~ I
18-9 CHARGE FOR WORTHLESS CHECKS
In the event any check received in payment for City ser-
vices, or for a required deposit for any City service,
shall be returned by the bank or depository upon which it
was drawn for reasons of insufficient funds or closed
account, a service charge shall be imposed for the hand-
ling of each such check and services will be discontinued
immediately. Such penalty is set forth in the rate
resolution adopted by the City Council.
In the event Florida Statutes, Section 832.07, shall be
amended to provide for a service charge for worthless
checks greater than the service charge established here-
by, the service charge mentioned above shall be increased
to the amount- of the service charge provided in such said
Section 832.07, as amended, without- requirement of
amendment to this section or the rate resolution.
18-10 CONTRACT BETWEEN CITY AND CUSTOMER
All applicable rules and regulations as set forth in the
City Code of Ordinances, are hereby made a part of the
contract between the City of Okeechobee and every
consumer or applicant- for water and/or sewer service fr-
om the City, and the consumer or applicant shall be
presumed to have knowledge of all rules and regulations
and bound thereby.
18-11 APPLICATIONS FOR SERVICES
Applications for water and or sewer, must be made to the
utility department on appropriate forms furnished for
that purpose and same must be signed by the owner of the
property. Before applications can be approved for prope-
15
0
U
BaaoK 36-0 P~ j ,1511
City services or F. For failure to pay an increased
deposit as required, G.As well as any additional expense
incurred in providing notices of delinquent account. This
service charge shall be in addition to other charges and
penalties established by the City. See rate resolution
18-8 PENALTY; COSTS.
(a) Civil penalties. Any user wlio is found to have
violated an order of the city council or who willfully or
negligently failed to comply with any provision of this
code, and the orders, rules, regulations Hereunder, shall
be fined not less than one hundred dollars ($100-00) nor
more than two hundred fifty dollars ($250.00) for each
offense. Each day on which a violation shall occur or
continue shall be deemed a separate and distinct offense.
In addition to the penalties provided herein, the city
may recover reasonable attorneys' fees, including
appeals, court costs, court reporters' fees and other
expenses of litigation by appropriate suit at law against
the person found to have violated this article or the
orders, rules and regulations hereunder.
(b) Falsifying information. Any person who knowingly
makes any false statements, representation or certifica-
tion in any application, record, report, plan or other
document filed or required to be maintained pursuant to
this article or who falsifies, tampers with, or knowingly
renders inaccurate any monitoring device or method
required under this article, shall, upon conviction, be
punished by a fine of not more than one thousand dollars
($1,000.00) or by imprisonment for not more than six (6)
months, or by both.
14
OPK 360 wrl -67
18-9 CHARGE FOR WORTHLESS CHECKS In the event any check received in payment for City ser-
vices, or for a required deposit for any City service
shall be returned b '
y the bank or depository upon which it
was drawn for reasons of insufficient funds or closed
account
a service charge shall be imposed for the hand-
ling of each such clieck and services will be discontinued
immediately. Such penalty is set forth in the rate
resolution adopted by the City Council.
In the event rlorida Statutes, Section 832.07, shal
amended to 1 be
provide for a service charge
checks for worthless
greater than the service charge established here-
by, the service charge mentioned above shall be increa
to the amount of the service charge sed
provided in such said
Section 832.07, as amended
without requirement of
amendment to this section or the rate resolution.
18-10 CONTRACT BETWEEN CITY AND CUSTOMER
All applicable rules and regulations as set
forth in the
City Code of ordinances, are hereby made a part of the
contract between the City of Okeechobee and every
consumer or applicant for water and/or sewer service fr-
om the City, and the consumer or applicant shall be
presumed to have knowledge of all rules and regulations
and bound thereby.
18-11 APPLICATIONS FOR SERVICES
Applications for water and or sewer, must be made to the
utility department on appropriate forms furnished for
that purpose and same must- be signed by the owner of the
property. Before applications can be approved for prope-
15
UI~1~11~ ~J~ IIf1uE w
rty located outside the City Limits, the owner of the
property must provide a copy of the property deed and
complete an annexation agreement.
Having received payment and completed an application for
service, the City will promptly schedule such service to
be activated and in no case shall service be initiated
more than five working days after receipt of the applic-
ation, provided a permit is not required from the County
Road Department, Florida Department of Transportation or
the Department of Environmental Regulation or any other
governmental agency. In the event a permit is required,
the service shall be installed as soon as possible after
receipt of the approved permit.
The applicant shall be advised and acknowledge that the
City upon preliminary approval of an applicant's plan
for construction or installation of utility lines and
routes, shall not be responsible for such additional re-
quirements or alterations as may be mandated by a gover-
nmental agency for such construction or installation in
a permitting process.
18-12 USE OF CITY SERVICES
Utility Service purchased from the City shall be used by
the customer only and the customer shall not sell or ot-
herwise dispose of such service supplied by the City
unless customer has an approved wholesale agreement with
the city. In no case shall a customer, except with a
written consent of the City, as to size and type in
accordance with the master plan, extend his lines across
a street, alley, lane, court, property, avenue, or other
way, in order to furnish utilities service for adjacent
16
BEA 3t;J fl"( 1759
property, even though such adjacent property is owned by
him.
18-13 DISCLAIMER OF CITY LIABILITY
The.City Utility Department, will at all times use rea-
sonable diligence to provide continuous` service, and ha-
wing used reasonable diligence, shall not be liable to
the customer for failure or interruption of continuous
water and or sewer service. The City shall not be liable
for any act or omissions caused directly or indirectly by
strikes, labor troubles, repairs or adjustments, acts of
sabotage, enemies of the United States, wars, federal,
state, municipal or other governmental interference, acts
of God or causes beyond its control.
By applying for city services or utilities, the customer
grants access and the duly authorized agents of the City,
shall have access at all reasonable hours to the premises
and lands of the customer for purpose of installing,
maintaining, repairing and inspecting or removing the
City's property, reading meters and other purposes
incident to performance under or termination of the
City's agreement with the customer, and in such perfor-
mance shall not be liable to the customer or owner for
trespass, or other occurrence.
18-14 CONNECTIONS REQUIRED
All buildings and structures inhabited or used and loca-
ted in the City or within the area served by the water
and or sewer system of the City or where such system is
available must be connected with such system by the pro-
perty owners or the person in charge or responsible for
such property within 30 days from the time such system is
17
B ~Y( o i'a!~t:1 I JU
available unless exempt by the City Council as a hardship
case. Violation shall be punishable as provided in
Section 4-B--23 1_8=8. (Ord. H623, 1-02-90)
18-15 CHANGE LOCATION OF SERVICE
Changes to the customers location of water or sewer
service installation will be made when deemed necessary
by the utility department, at the city's expense. If
requested by the customer or it a customer service
installation needs to be moved due to the customers
construction, said change will be at customers expense.
Any fee or cost for such changes are set forth in the
rate resolution adopted by the City Council.
18-16 GRANTING OF EASEMENTS, PERMITS AND PRIVILEGES
By applying for city services or utilities, the customer
shall' grant access across his property to the City as may
be necessary. The customer and or property owner shall
grant or cause to be granted to the City and without cost
to the City all rights, easements, permits and privileges
which are necessary for the rendering of service includ-
ing operation and maintenance and repair of the City
facilities. Where easements or rights of way are
required, such documents, prepared by the owner or
developer, shall be executed by the landowner, with pay-
ment to the City of all recording and filing fees by the
customer and/or landowner, prior to the commencement of
service.
18-17 DAMAGING, TAMPERING WITH PROPERTY
It shall
be unlawful
for any person to
damage, destroy,
deface,
tamper with
or interfere with
the operation of
18
r~
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0
KV 3GU PQCC 1 761
any Pipe, machinery, valve, structure or other
of the Cit property
y, constituting a part of tlle City's water and
or sewer system or used
in conjunction therewith. viola-
tion shall be
punishable as provided in Section 4-II-,14 18-
- or by Florida Statutes 806.13 and 812.14.
1-02-90) (Ord. 06231
18-18 UTILITY DEPOSITS PRE-REQUISITE TO SERVICE
The city through its Department of Public Uti
all collect Utilities sh-
a deposit from any persons, be it tenants,
owners or oL-herwise, securing
or garbage only service witl~CWai.er and or sewer service
1tY's utility system which
shall. include any services as well as turnon'
connections. s Of old
such deposits are set
resolution as forth in the rate
adopted by the City Council. (Ordinance
#634 11-6-90)
The deposit shall be and will constitute a guarantee
the city that all sums of none to
fu-
rnishing of any and all city services to the person mak-
ing such deposit guarantee are fully paid. Upon the
pa-
yment of all such sums pa
, the City shall upon the discon-
nection of water services, refund and return to the per-
son making such deposit the amount of such deposit ort}
net amount thereof, without the
interest.
Applications for securing water and or sewer service sh-
all include and require information concerning the
property such as; owner of property, renter or tenant,
verbal or written lease, length of lease.
In the event the customer, at the termination of services
be it voluntary or involuntary, owe to the City any fees,
(water, sewer, garbage) assessments, penalties or repair
19
R RAGO PACE
son making such deposit the amount of such deposit or the
net amount thereof, without interest.
Applications for securing water and or sewer service sh-
all include and require information concerning the
property such as; owner oL property, renter or tenant,
verbal or written lease, length of lease.
In the event the customer, at the termination of services
be it voluntary or involuntary, owe to the City any fees,
(water, sewer, garbage) assessments, penalties or repair
costs for equipment damaged during the period such
customer was being provided service, the deposit being
held by the City shall be applied for payment of such
items. Any amounts remaining after application of the
deposit monies towards these items shall be refunded to
the owner, without interest.
There is hereby created and established a separate fund
to be known as the Public Utilities Deposit fund, and all
deposits made under the provisions of this chapter shall
be deposited therein. Provided further that if any depo-
sitor entitled to a refund of deposit shall not present
his deposit receipt and request such refund within one
year from the date such refund is due, then such deposit
balance shall be forfeited to the City and shall be paid
as required by Florida Laws.
18-19 PROVISIONS UNDER WHICH DEPOSIT MAY BE INCREASED
Should any residential.or commercial users account become
past due and appear on the Printed cut-off list -remain
Past-due-f-er---4-5--er -mer-e-dame-three times within any 12
month period, said user shall be required to increase his
existing deposit within 30 days to the extent necessary
20
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18-20 OKEECHOBEE 201 FACILITIES PLANNING AREA
B66K ~3G0 Pacr1 lG3
The City of Okeechobee, hereby declares the Okeechobee
201 Facilities Planning Area, to conform in all respects
with the zone or area requirements set out in Chapter
180.02, sub-paragraph 3, Florida Statutes, and the City
is authorized to conduct, within this area, any of the
purposes contained in Chapter 180.06, sub-paragraphs 1
through 9 and for the accomplishment of same is authori-
zed to establish reasonable rules and regulations relat-
ing to those purposes.
Legal description of the 201 Facilities Planning Area is
as follows:
being all of sections 27, 28, 33, and 34, township 36
south, range 35 east and all of sections 3 through 30,
and sections 32 through 36, township 37 south range 35
east and the west half of section 29, all of sections 30
and 31 and the northwest quarter of section 32, township
37 south range 36 east, and the north half of section 6,
township 38 south range 36 east lying north of Lake Oke-
echobee and all sections 3, 4 and north half of 5, town-
ship 30 south range 35 east lying north of Lake Okeecho-
bee.
Subject to the limitations and exceptions in this code
each person owning any building inhabited or used within
the 201 facilities planning area, by human beings as a
place of residence, business or otherwise that shall be
connected with any line of the sanitary sewerage system
or, although not connected with any line of the sanitary
sewerage system, has had for more than one (1) year a
sanitary sewerage line available for the use of such
property, shall be considered to be, for the purpose of
21
61OK 360 PACE 176 4
the enforcement of this chapter, a user of such system
and be subject to and pay such fees, rates and charges
applicable therefore as set forth in the rate resolution
adopted by the City Council. Further, such person or user
shall be subject to the penalties as set forth in Section
-14-2-3 13-0 herein, as well as all applicable State or
Federal Laws. (Ord. 0623, 1-02-90)
18-21 SEVERABILITY (VALIDITY CLAUSE)
If any provision, paragraph, work, section or article of
this code is invalidated by any court of competent
jurisdiction, the remaining provisions, paragraphs, words
and sections shall not be affected and shall continue in
full force and effect.-
18-22 CONFLICT
All other ordinances and parts of other ordinances
inconsistent or conflicting with any part of this article
are hereby repealed to the extent of such inconsistency
or conflict.
18-23 THROUGH 18-29 RESERVED
ARTICLE II
WATER SYSTEM
18-30 CONNECTION TO CITY WATER SYSTEM
Where the
same is available, the owner
of
every lot or
parcel of
land within the area served by
the
City's water
systems,
shall have the plumbing of
any
building or
buildings
thereon to be connected with
the
City's water
22
BOOK 3f 0 PACE f 65
system and use the facilities of such water system. All
such connections shall be made in accordance with the
rules and regulations which shall be adopted from time to
time by the City Council
and upon payment of the
connection fees and systems capacity charges and other
related fees provided for in the sections of this code.
All fees and costs for such connection are set forth in
the rate resolution as adopted by the City Council.
18-31 SEPARATE CONNECTIONS REQUIRED FOR EACH UNIT; SEPARATE
METERS REQUIRED; EXCEPTIONS FOR MASTER METERS
Every residential unit or commercial unit shall be con-
nected and metered separately. Where a connection has
been made to a single building which contains multiple
offices and/or multiple dwelling's, the charges shall be
imposed, billed and collected on -each and every multiple
office and/or multiple dwelling as if each had its own
separate meter. The individual placing.the water deposit
with the City of Okeechobee, will be responsible for the
entire bill even when the bill contains charges for
multiple offices and/or multiple dwellings.
Master meters may be used to serve governmental agencies
such as housing authorities or industrial authorities or
wholesale customer with approved contract and when auth-
orized by the City Council. Masta.- met-
used to serve individual buildings which contain multiple
offices or dwellings such as office buildings or ap-
artments. Master meters may serve mobile home developmen-
ts provided the development enters into an agreement with
the city and agreement is approved by City Council.
Minimum charges for a waster meter shall be in accordance
with the existing rates listed in the rate resolution as
23
•
adopted by the City Council.
18-32 CONNECTIONS By CITY
0
BR GK 3GO PACE 1 66
All connections with the water mains located within t
street right of ways or alley, shall be made by the City.
All connection fees, system capacity charges, and o
related service charges shall be other
paid in full before such
connection shall be made.
All water meters shall be furnished and installed b
City and shall be used on service y the
lines except fire
services. All meters shall belong to the City and the
right is reserved to the City to remove any meter at
time from an any
y premises when it is deemed necessary by
giving due notice in writing one hour previous to the
removal of such meter.
18-33 FREE SERVICE PROHIBITED
No water shall be furnished free of charge to any person
whatsoever, and the City and each and every agency, or anyone which uses the water"works systems
shall pay therefore at t}le rates fixed by this ordinance
and resolutions, without exception.
18-34 ALLOWANCE FOR VACANT BUILDING
No allowance for monthly service availability charge for
water small be made for vacant houses or vacant
commercial units, unless a request: in writing to have the
water turned off and meter removed during such vacancy is
received by the Public Utilities Office, prior to the
period for which the allowance is desired. No allowance
will be made for any vacancy where the water remains
turned off less than a period of 30 days. Upon receipt
of written request, t}ie City will turn water service off
24
O
RGK '360 PACE1 M
BC -
and remove water meter for a period of up to 365 days. A
fee will be charged to remove and replace water meter.
The monthly bill for services must be paid if written
request is not received by the City to discontinue water
and or sewer service. However, this section shall not
effect any charge made on the account for the monthly
Debt Service, which shall be due and payable; as set
forth in the Rate Resolution adopted by the City Council,
regardless whether the property is vacant, or the meter
removed for the time periods allowed herein.
Any property that does not re-connected to the water
services and begin paying the monthly water and or sewer
service availability charges for such service within the
365 days will forfeit the service and the service will be
removed by city forces. After the removal of the service,
the full connection fee and systems capacity charges for
all services received shall be paid to city along with
any other related charges before such services are
installed. Any fee or cost- for disconnection and re-
connections are set forth in the rate resolution as
adopted by the City Council.
18-35 BACKFLOW PREVENTION DEVICES REQUIRED; ALL CROSS
CONNECTIONS PROHIBITED
Backflow Prevention Devices, shall be required by the
Director and all premises likely to have cross connec-
tions as described in American Water Works Association M-
14, Backflow Prevention Manual, 1972 edition. This
manual sets forth potential cross connection between the
consumers water system and certain types of equipment,
specialized installations and water uses which afford
opportunity for backflow into the public water system.
25
All such facilities and systems as et forth in the
manual sliaTl have baclcfl
ow prevention devices unless it
is demonstrated to the satisfaction of the Director that
no opportunity exist for backflow of water from the
consumers system into the public water system of the
City. In addition, backflow prevention devices shall be
installed at the service connection or within any
premises where, in the discretion of the Director the
nature and extend of the activities on the premises or
the materials used in connection with the activities or
materials stored on the premises, would present an
immediate and dangerous hazard to health, should a cross
connection occur, even though such cross connection does
not exist at the time the backflow prevention device is
to be installed.
The type of protection device to be installed depend on
the degree of hazard which exist, or may occur, in the
discretion of the Director, and any protective device
installed shall be approved by the Director. A double
check valve assembly, atmospheric vacuum breaker,
pressure vacuum breaker or a reduced pressure backflow
preventer will have to meet or exceed any of the follow-
ing standards in specialized installation methods:
1. University of Southern California Foundation for Cr-
oss Connection Control and Hydraulic Research Spec-
ifications of backflow Preventions Devices, No 69-2,
or the most current issue.
2. American Water Works Association Standard C506-70
"Revision of C506-6911.
An air gap separation or a reduced pressure principal
backflow prevention device shall be installed where the
tlJ0
C..')
O
-e(70
26
FLA JXO P~ E~ ~UJ
water supply may be contaminated with sewage industrial
waste of a toxic nature, or other contamination which
would cause a health or water system hazard, in the dis-
cretion of the Director. In the case of a substance
which may be objectionable but not hazardous to health,
a double check valve assembly, air gap separation,
atmospheric vacuum breaker, pressure vacuum breaker or a
reduced pressure principal backflow prevention device
shall be installed.
Backflow prevention devices shall be installed on the
consumers side of the water meter at the location desig-
nated by the Director. The device shall be located so as
to be readily accessible for maintenance and testing and
where no part of the device will be submerged. Backflow
prevention devices shall be installed by the City at the
consumers expense in accordance with plans and specifica-
tions approved by the Director. See rate resolution
Backflow prevention devices shall be inspected annually
and tested by the Department The device shall be
repaired, overhauled or replaced by the Department
whenever such devices are found to be defective. Inspec-
tions, test and records thereof shall be maintained by
the Department.
Failure of the consumer to permit the installation, main-
tenance, testing or inspection of backflow prevention
devices, by the City, all as required in this chapter
shall be grounds for termination of the water service to
the premises, by the City. In the case of an immediate
hazard to the public health, the water service may be
terminated without notice to the consumer immediately,
although a hearing before the Director shall be im-
mediately scheduled, upon the request of the consumer, to
27
QGGK 363 PAGE 1170
determine justness and fairness of the water service
termination.In enforcing the provisions of this chapter,
the Director may call upon the Chief of the Police De-
partment to assist- him in enforcing any of the provisions
of this chapter.
The owner or general agent of a building or premises,
where a violation of any provisions of this article has
been committed or still exist, or the lessee or tenant of
the entire building or leased premises where a violation
has been committed or shall exist, or the owner, general
agent, lessee or tenant of any part of any building or
premises in which such violation has been committed or
shall exist, or the general agent of any person who
commits, takes part in, or assist in such violation, or
maintains any building or premises in which such vio-
lations shall exist-, shall be guilty of violating this
section, which violation shall be punishable as provided
herein.
All cross connections, whether or not such cross connec-
tions are controlled by automatic devices such as check
valves or by hand operated mechanisms such as gate valves
or other type valves, are hereby prohibited from future
installations and on existing installations. All cross
connections shall be removed and replaced with approved
backflow prevention devices.
The Director or his duly authorized agent in cooperation
with the appropriate Health Department- Official and local
Plumbing Inspectors, will make periodic inspections of
premises served by the water supply to check for the
presence of cross connections. Any cross connections
found during such inspections, shall be ordered removed
by the Director or inspector. If an immediate hazard to
28
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RAW PACE 1 771
health is caused by the cross connection, water service
to the premises may be discontinued, in the discretion of
the Director, until the cross connection has been removed
by the consumer.
18-36 DISCONTINUING WATER SERVICE FOR VIOLATIONS
The Director shall discontinue water services to any
premises on which a violation of this chapter or any rule
or regulation relating to the City's water system has
been or is being, committed. Such service shall not be
reconnected until the violation has been corrected, and
until the consumer has paid a re-connection charge
together with all fines and penalties in the amount
provided in Section 38--21-3 lg-g. Any fee or cost pertinent
to such violation is set forth in the rate resolution as
adopted by the City Council. (Ord. 11623, 1-02-90)
18-37 EXTENSION OF WATER SYSTEM
All extensions of the water system shall be installed
with no expense to the City, according to City, County,
or State specifications, as the case may be. All water
mains that are extended within the municipal boundaries
of the City must be of sufficient size to provide for
fire protection through the installation of hydrants, if
required by the City, which size shall also be determined
by considering future growth in the area of extension, or
other on-site fire protection services or devices. All
requirements for fire flow must- comply with the current
edition of the National Lire Protection Association
(NFPA) manuals. All extension into an area outside the
municipal boundaries of the City must include water mains
of sufficient, size to provide for fire protection through
29
•
OR
606K 360 FADE J 772
the installation of fire hydrants,, if required by the
City, which size shall also be determined by considerin
future growth into the area of extension g
or other on-
site fire protection services or devises.
meats for fire flow must- comply with the current edition
of such fire safety code as adopted by the County. 1111
requests for extensions shall be submitted to the Public
Utilities Department, and approved by the Director, and
the appropriate Tire Official or Fire Safety Officer. The
City reserves the right to
dictate pipe diameters and
such other route and connection requirements as may be
mandated by applicable Federal, State, local code
comprehensive plan, master plan, or to '
address future
growth concerns in the area of the extension. The Cit
also reserves the right to enter into agreements with the
developer/applicant to partially reimburse extension
expenses by future connected charges in the area of the
extension. Any plan and approval furnished by the City is
subject to the customer obtaining all necessary permitt-
ing and approval from governmental agencies and the cit
shall not be responsible for y
plans or specifications
required to be altered by such agencies.
Before an extension is approved for construction, the
City and Owner or Developer, must sign an agreement and
agreement must be approved by City Council. The agreement
must outline the type of extension, size and length
of extension, location, cost and any other pertinent
information required to complete the agreement. Fees for
plan review is listed in the rate resolution as adopted
by the City Council.
18-38 CONNECTIONS TO FIRE HYDRANT FOR PURPOSES OTHER THAN
FIGHTING FIRES
30
OR r 73
GK ~GO PACE
All connections BC to a fire hydrant for any Purpose
than fightin other
9 fire must be approved by the Director prior
to the connection to the fire hydrant.
Before any connection is made to
a fire hydrant the per-
son or company requesting the service through the fire
hydrant must pay the appropriate fees and the Cit
install a temporary meter on the 1' will
fire hydrant.
ap-
plicant shall agree that such temporary The discontinued b Y service may be
by the City forces at any time for emergency
usage of the fire hydrant without any liability to th
City whatsoever for such discontinuance of servic e
e.
The charges for this temporary water service delivered
through a fire hydrant are listed in the rate resolution
as adopted b y tlle city Council.
18-39 SOLE PROPRIETOR FIRE PROTECTION SYSTEM
The City, through its utility department, shall bill mo-
nthly for a sole proprietor fire protection system. This
service will include service to private sprinkler sys-
tems, hose cabinets, stand pipes or any other device used
exclusively for fire
protection. The monthly charge for
a sole proprietor fire protection system will be i
on the monthly consolidated bill and will become part of
the consolidated bill as defined in these regulations.
The charges for a sole proprietor fire protection system
is included in the rate resolution as adopted by the City
Council.
18-40 INSTALLATION OF NEW FIRE HYDRANTS
31
•
QGK .300 NCE1 4
All fire hydrants installed by a owner/developer must
meet city specifications and be approved by the City. In
addition all fire hydrants installed outside the City
Limits must be approved by Resolution of the Okeechobee
County Commissions or by Perpetual Contract between
County and Developer before installation. All fees
required by County must be paid to the County after which
County will pay fees to City Utilities Department. Any
fee or cost for such hydrants are set forth in the rate
resolution as adopted by the City Council.
18-41 RECHECKING A WATER METER READING; VERIFICATION OF USER;
TESTING OF METERS
There shall be an administrative charge for each recheck-
ing of a water meter reading. In the event, however, it
is determined upon rechecking that the water meter in
question is not functioning properly or that a municipal
administrative error has resulted in an overcharge then,
in that event, the administrative charge required in this
section shall be waived. The administrative charge is
included in the rate resolution as adopted by the City
Council.
There shall be administrative charge for verification, on
a per meter basis, as to a determination as to which
water meter services a particular dwelling unit or com-
mercial unit. The administrative charge is included in
the rate resolution as adopted by the City Council.
All meters shall be carefully tested before installation
and after installation should any customer question the
accuracy of the meter through which he is served, the
utility department shall, upon his written application
32
OR LA 360 w d'(75
submit the application to the City Council. The City
Council will determine if a fee is to be charged for the
meter test. If a fee is required by the City Council,
customer will pay the fee to the Utility Department after
which the meter in question will be removed and tested
with a copy of the test report furnished to the customer.
If the test shows that the meter has been over register-
ing more than 1-1/2% at normal flow limits the deposit
shall be returned to the consumer and the bill rendered
based on the last reading of such meter, shall be
corrected accordingly. If the test shows that the meter
is not over registering more than 1-1/2% at normal flow
limits, the deposit shall be retained by the City. All
meter flow tests shall follow the American Water Works
Association (AWWA) Standard C700-77 or current revision.
The charge for such testing is 'set forth in the rate
resolution as adopted by the City Council.
18-42 WATERING PRIVILEGES; RESTRICTED WHEN NECESSARY
The privilege of using the water supply for non-essential
purposes on lawns, streets, gardens, washing of houses
and cars and for purposes other than drinking water, may
be restricted or curtailed during a water shortage
emergency that would effect the City of Okeechobee. It
is the desire of the City Council of the City of Okeecho-
bee to provide the South Florida Water Management
District with all possible assistance in the enforcement
of the provisions of the water shortage plan during a
water shortage or a water shortage emergency, as describ-
ed in Florida Statute Chapter 373. The City Council may
adjust water rates during a water shortage emergency. The
adjusted rate schedule is set forth in the rate resolu-
tion as adopted by the City Council.
33
i
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BccK ~~u Pdr,[ ~ (~f1
18-43 WATER SYSTEM ENLARGEMENT AND EXPANSION TRUST FUND
The City has established a systems capacity charge for
new customers connecting to the City's water system. The
purpose of the charge is to establish a fund to replace
the water capacity taken by new customers by expansion
and enlargement of the water system, and capital improve-
ments , therefore such funds are to be deposited into the
improvement and replacement fund and the funds are to be
used only for the purpose of improvements and replaceme-
nts of the equipment, capital items of the water treat-
ment and distribution system. These funds may be
invested as other funds of the City and may be com-
mingled in order to obtain the maximum amount of interest
provided, however, that separate books of account may be
established to precisely identify the funds of this
account. The interest accruing from the investment of
these funds shall accrue to this fund and shall be used
for no other purpose than the improvement and replacement
of the City water system.
10-44 THROUGH 10-59 RESERVED
ARTICLE III
SEWERS AND SEWAGE DISPOSAL
18-60 PURPOSE, OBJECTIVES AND POLICY
This article sets forth uniform requirements for direct
and indirect contributors into the wastewater collection
and treatment system for the City of Okeechobee and
environs and enables the area covered to comply with all
applicable state and federal laws required by the Clean
34
BOCK 3E0 p4GEI %7`7
Water Act of 1977 and the general pretreatment regula-
tions (40 Code of Federal Regulations, Part 403).
The objectives of this article are:
(a) To prevent the introduction of pollutants into the
area wide wastewater system which will interfere
with the operation of the system or contaminate the
resulting sludge.
(b) To prevent the introduction of pollutants into the
area wide wastewater system which will pass through
the system, inadequately treated, into receiving
waters or the atmosphere or otherwise be incompati-
ble with the system.
(e) To improve the opportunity to recycle and reclaim
wastewaters and sludge from the system; and
(d) To provide for equitable distribution of the cost of
the area wide wastewater system.
This article provides for the regulation of direct and
indirect contributors to the area wide wastewater system of
certain non-domestic users and through enforcement of general
requirements for the other users, authorizes monitoring and
enforcement activities, requires user reporting, assumes that
existing customer's will not be pre-empted, and provides for
the setting of fees for the equitable distribution of costs
resulting from the program established herein.
This article shall apply to the City of Okeechobee and to
persons outside the city who are, users of the area wide POTW
Except as otherwise provided herein, the Director of the area
wide POTW shall administer, implement, and enforce the
provisions of this article.
35
Bccr, 360
18-61 Use of public sewers required.
(a) It shall be unlawful for any person to place, deposit
or permit to be deposited in any unsanitary manner on
public or private property with the 201 facilities
planning area, any Duman or animal excrement
garbage or
other objectionable waste.
(b) it shall be unlawful to discharge to any natural
outlet within the City of Okeechobee, or in any area
under the jurisdiction of the City of Okeechobee, any
sewage except where suitable treatment has been provided
in accordance with the provisions of this article.
(c) Except as hereinafter provided, it shall be unlawful
to construct or maintain any privy, privy vault, septic
tank, cesspool or other facility intended or used for the
disposal of sewage. All private means of sewage disposal
shall be removed at the expense of the owner.
(d) Flush toilets shall be required within the 201
facilities planning area in all houses, buildings or
structures used for human occupancy, employment,
recreation or other purposes and such flush toilets shall
be connected within (90) days, after receiving official
notice from the city, to the public sanitary sewer at the
owner's expense, subject however to the following
exceptions and limitations: If said house, building or
structure is not situated on property abutting a street,
alley or road right-of-way wherein there is located a
public sanitary sewer or if said property is not within
one hundred (100) feet of said public sanitary sewer,
such connections shall not be required; and further if
the connection of said house, building or structure
requires unusual and costly plumbing such as a lift
36
r
aca 360 p of l 70
station, force main or similar plumbing facilities the
no connection shall be required. n
(e) All extensions of the sewer system shall be installed
at no expense to the City and according to city specific-
ations, as listed in the manual of minimum standards for
the City and specified in the master
plan, all requests
for extensions shall be submitted to the public utilities
department and approved by the Director. The City retains
the right to dictate pipe diameter, depth of pipe, depth
of lift stations if required and such other route
connection requirements as may be mandated b and
Federal, State by applicable
local codes, comprehensive
plan or to meet future Plan, master
growth for the City. Any plan and
approval furnished by the City is subject to the customer
obtaining all necessary permitting and approval from
governmental agencies.
"Before an extension is approved for construction,
the City and Owner or Developer, must sign a written
agreement outlining all aspects of the construction,
including allocation of expenses, and such agreement
be presented to, and approved by, the City Council.
The agreement must also include and outline the type
of extension, cost type of easement or access for
maintenance of the extension if necessary, and any
other pertinent information required to complete the
agreement. Any fees for this plan review and agree-
ment are set forth in the rate resolution adopted by
the City Council."
18-62 Private sewage disposal.
a) Where a public sanitary sewer is not available under
the provisions of this section, the building sewer shall
be connected to a private sewage disposal system comply-
37
BUK .3 f ~ ~ac~ . U
ing with the provisions of Okeechobee County Building
Department and Health Department and Laws of Florida.
(b) Before commencement of construction of a private
sewage disposal system, the owner shall first obtain a
written permit signed by the appropriate building
official. The application for such permit shall be made
on a form furnished by the Okeechobee County Building
Department, which the applicant shall supplement by any
plans, specifications and other information as are deemed
necessary by the building official.
(c) The type, capacities, location and layout of a
private disposal system shall comply with all recommenda-
tions of the Department of Public Health of the State of
Florida.
(d) The owner shall operate and maintain the private
sewage disposal facilities in a sanitary manner at all
times at no expense to the City or County of Okeechobee.
(e) No statement contained in this section shall be
construed to interfere w;.'th any additional requirements
that,may be imposed by t•he health officer of Okeechobee
County, Florida.
18-63 Building sewers and connections.
(a) All Connections shall be performed by authorized
persons only. No unauthorized person shall uncover, make
any connections with or openings into, use, alter or
disturb any public sewer or appurtenances thereof. All
connections to the public sewer shall be performed by the
City.
(b) All costs and expenses for connections are the
38
~cGK 3EO PAGE1
responsibility of, and incident to
the owner. The owner
shall indemnify and hold harmless the City of Okeechobee
from any loss or damage that may directly or i.ndirectl
be occasioned b y
y the installation of the building sewer.
(e) Separate sewer required for each building; exception.
A separate and independent sewer shall be every building except where one building provided.for
offices or dwellings or 'has multiple
where there exists a group of
buildings or town houses that are grouped in such a
that one separate way
and independent sewer could more
effectively serve the structures, however all fees an
monthly charges shall be billed and collected on a and
unit basis as per
if each unit or dwelling had its own
separate sewer connecCi.on.
(d) Old building sewers. Old building sewers may be used
ill connection with new buildings only when they are
found, on examination and test by the building official,
to meet all requirements of this chapter.
(e) Specifications. The size, slope, alignment, materials
of construction of a building sewer and the methods to be
used in excavating, placing of the pipe, jointing,
testing and backfilling the trench within the 201
facilities planning area, shall all conform to the
requirements of the building and plumbing code or other
applicable rules and regulations of the County of
Okeechobee.
(f) Elevation of connection; lift systems. Whenever
possible, the building sewer shall be brought to the
building at an elevation below any basement floor. In all
buildings in which any building drain is too low to
39
BC GK ~UU r'AGE1
permit gravity flow to the public sewer, sanitary sewage
carried by such building drain shall be lifted by an
approved means and discharged to the building sewer
at no cost- to the City.
(g) Prohibited connections. No person shall make connec-
tion of roof downspouts, exterior fnnna,4•;..~
areaway drains or other sources of surface runoff or
groundwater to a building sewer or building drain which
in turn is connected directly or indirectly to a public
sanitary sewer.
(h) Conformation with building, plumbing codes, other
regulations. The connection of the building sewer into
the public sewer within the 201 facilities planning area,
shall conform to the requirements of the building and
plumbing code or other applicable rules and regulations
of the County of Okeechobee. All such connection shall be
made gastight and water tight. Any deviation from the
prescribed procedures and materials must be approved by
the building official before installation.
(i) Inspections. The applicant for the sewer permit shall
notify the building official when the building sewer is
ready for inspection and connection to the sanitary
sewer. The connection shall be made under the inspection
and approval of the building official or his representa-
tive.
(j) Barricades and lights for excavations; restoration or
property. All excavations for building sewer installation
shall be adequately guarded with barricades and lights at
the expense of the customer so as to protect the public
from hazard. Streets, sidewalks, parkways and other
public property in the course of the work shall be
40
restored in a manner satisfactory to the City and County
of Okeechobee.
18-64 Discharges to public sewers regulated.
(a) Prohibited discharges to sanitary sewer. No person
shall discharge or cause to be discharged any storm
water, surface water, groundwater, roof runoff, subsur-
face drainage or unpolluted cooling water to any sanitary
sewer and shall be subject to the penalties and costs set
forth in Section 4-8-2-3 18-8 lierein for violation of any
subsection hereunder. Ord. (1623, 1-02-90)
(b) Discharges to storm drains and natural outlets. Storm
water and all unpolluted drainage shall be discharges to
storm drains or to a natural outlet approved by the city
Public Works Department. Unpolluted industrial cooling
water or unpolluted industrial cooling water or unpol-
luted industrial process water may be discharged, on
approval of the Director of Public Works, to a storm
drain or natural outlet. Within the unincorporated area
of the 201 facilities planning area the county engineer
shall approve such discharges.
(c) Prohibited discharges to any public sewer. No person
shall discharge or cause to be discharged any of the
following described waters or wastes to any public
sewers:
(1) Any gasoline, benzene, naphtha, fuel oil, or other
flammable or explosive liquid, solid or gas.
(2) Any waters or wastes containing toxic or poisonous
solids, liquids or gases in sufficient quantity, either
singly or in interaction with other wastes, to injure or
41
6GoK
1 X84
interface with any sewage treatment process, constitute
a hazard to humans or animals, create a public nuisance,
or create any hazard in the receiving waters of the
sewage treatment plant, including but not limited to
cyanides in excess of 0.00 milligrams per liter as CN in
the wastes as discharged to the public sewer.
(3) Any waters or wastes having a pil lower than 6.0 or higher
than 8.5 and having any other corrosive property capable
of causing damage or hazard to structures, equipment and
personnel of the sewerage works.
(4) Solids or viscous' substances in quantities or of such
size capable of causing obstruction to the flow in
sewers, or other interference with the proper operation
of the sewerage works, such as, but not limited to,
ashes, cinders, sand, mud, straw, shavings, metal, glass,
rags, feathers, tar, plastics, wood, unground garbage,
whole blood, paunch manure, hair and fleshings, entrails,
paper dishes, cups, milk containers, etc.
(d) Limited discharges to public sewer. No person shall
discharge or cause to be discharged to any public sewer
the following described substances, materials, waters or
wastes if it appears likely in the opinion of the
Director that such wastes can harm either the sewers,
sewage treatment process, or equipment, have an adverse
effect on the receiving waters, or can otherwise endanger
life, limb, public property, or constitute a nuisance. In
forming his opinion as to the acceptability of these
wastes, the Director will give consideration to such
factors as the quantities of subject wastes in relation
to flows and velocities in the sewers , materials of
construction of the sewers, nature of the sewage treat-
ment process, capacity of the sewage treatment plant,
42
B R K 360 r4i c 1 185
degree of treatability of wastes in the sewage treatment
plant, and other pert.Ln ent factors. The substances
prohibited are:
(1) Any liquid or vapor having a temperature higher than one
hundred fifty (150) degrees Fahrenheit (sixty-five (65)
degrees centigrade) or a flash point lower than one
hundred eighty (190) degrees rahrenheit (ASTM Open cup).
(2) Any waters or wastes containing fats, wax, grease or oil
whether emulsified or not, in excess of one hundred (100)
milligrams per liter or containing substances which may
solidify or become viscous at temperatures between thirty
two (32) and one hundred fifty (150) degrees rahrenheit
(zero (0) degrees and sixty five (65) degrees centigrad-
e).
(3) Any garbage that has not been properly shredded. The
installation and operation of any garbage grinder
equipped with a motor of three fourths horsepower or
greater shall be subject to the review and approval of
the building official.
(4) Any waters or wastes containing strong acid iron
pickling wastes, or concentrated plating solutions
whether neutralized or not.
(5) Any waters or wastes containing iron, chromium, copper,
zinc and similar objectionable or toxic substances; or
wastes exerting an excessive chlorine requirement, to
such degree that any such material received 'in the
composite sewage at the treatment plant exceeds the
limits established by the federal, state or other public
agency for such materials.
43
• •
(6) Any waters or wastes containing phenols or other odor
producing substances in such concentrations exceeding
limits which may be established by the Director as
necessary, after treatment- of the composite sewage, to
meet the requirements of the state, federal or other
public agencies having jurisdiction for such discharge to
the receiving waters.
(7) Any radioactive wastes or isotopes of such half life or
concentration as may exceed limits established by the
Director in compliance with applicable state or federal
regulations.
(a) Materials which exert or cause:
a. Unusual concentrations of inert suspended solids
(such as, but not limited to, fuller's earth, lime
slurries and lime residues) or of dissolved solids
(such as, but not limited to, sodium chloride and
sodium sulfate).
b. Excessive discoloration (such as, but not limited
to, dye wastes and vegetable tanning solutions).
C. Unusual BOD (in excess of three hundred (300) parts
per million), suspended solids (in excess of three
hundred (300) parts per million), COD, or chlorine
requirements in such quantities as to constitute a
significant load on the sewage treatment works.
d. Unusual volume of flow or concentration of wastes
constituting "slugs" as defined herein.
44
(9) Waters or wastes containing substances which are not
amenable to treatment or reduction by the sewage treat-
ment only to such degree that the sewage treatment plant
effluent cannot meet the requirements of other agencies
having jurisdiction over discharge to the receiving
waters.
(e) Options relative to substances listed in this code.
If any waters or wastes are discharged, or are proposed
to be discharged to the public sewers, which waters
contain the substances or possess the characteristics
enumerated in this code which in the judgment of the
Director may have a deleterious effect upon the sewerage
works, processes, equipment or receiving waters or which
otherwise create a hazard to a life or constitute a
public nuisance, the Director may:
1. Reject the wastes;
2. Require pretreatment to an acceptable condition for
discharge to the public sewers.
If the Director permits the pretreatment, the design and
installation of the plans and equipment shall be subject to
the review and approval of the Director and subject to the
requirements of all applicable codes, ordinances and laws and
at no cost to the City.
(f)
Grease, oil,
sand intez3grceptors. Grease,
oil and
sand
interceptors
shall be provided when, in the
opinion
of the Director, they are necessary for the proper
handling of sanitary sewage containing grease in exces-
sive amounts, or any flammable wastes, sand or other
harmful ingredients; except that such interceptors shall
45
BCOK ~ FACE I~
not be required for private living quarters or dwell'
units. All interceptors shall be of a type dwelling
and capacity
approved by the building official and Director and shall
be located so as to be readily and easily access'
including manholes at entrance and discharge lble,
points, for
cleaning and inspection. Where preliminary treatment is
provided for any wastes, it shall be maintained
tinuousl con-
y in satisfactory and effective operation by the
owner at his expense.
(g) Control manholes. The owner of any Property serviced
by a building sewer carr n rviced
Yi g industrial wastes shall
build a suitable control manhole together with
necessar such
y meters and other appurtenances in the building
sewer to facilitate observation, sampling and measurement
of the wastes. Such manhole shall be accessibly and
safely located and shall be constructed in accordance
with plans approved by the Director. The manhole shall b
installed b e
y the owner at his
expense and shall be
maintained by him so as to be safe and accessible at all
times. The owner shall install such manhole within thirty
(30) days from the date the lateral connection is made to
the sewer or, if no manhole was required at the time the
building sewer was installed, the owner shall install
such manhole. If such manhole is not installed within the
time provided, the city shall have the right to enter
.into a contract for the installation of said manhole at
the owner's expense, and the cost of installing said
manhole together with the administrative cost to the city
necessary to process the installation of said manhole
shall be chargeable to the owner, and if not paid within
thirty (30) days from the date such installation is
completed, the unpaid costs together with the lawful
interest thereon shall be a lien upon the property
wherein the user is situated. The city shall be entitled
46
BGOK -Ica
V
to institute foreclosure proceedings for the collection
of said unpaid costs and interest thereon, such proceed-
ings to be in accordance with law, and the city shall be
entitled to collect reasonable attorney's fees from the
owner for services rendered by the city's attorneys in
the institution and prosecution of such foreclosure
proceedings. Liens created under this section shall, upon
the request of the user and/or owner of the property af-
fected, and -upon payment of all installation and ad-
ministrative costs and lawful interest thereon, be
released by a Release of Lien signed by the administrator
or the mayor, or Director. of the city. The issuance of
such Release of Lien shall constitute prima facie
evidence of existence or nonexistence of any such unpaid
costs, and shall, in the absence of fraud perpetrated by
the party requesting same, be binding upon the city as to
the existence and nonexistence of any lien created
hereunder.
(h) Measurements, tests, analyses. All measurements, test
and analyses of the characteristics of waters and wastes
to which reference is made in this chapter shall be
determined in accordance with the latest edition of
"Standard Methods for the Examination of Water and
Wastewater," published by the American Public Health
Association, from suitable samples taken at said control
manhole. Sampling shall be carried out by customarily
accepted methods to reflect the effect of constituents
upon the sewerage works and to determine the existence of
hazards to life, limb and property. The particular
analysis involved will determine whether a twenty four
hour composite of all outfalls of a premises is ap-
propriate or whether a grab sample or other multiple
samples should be taken.
47
• 4 '
OR NV(
18-65 Protection from damage. BCGK 3~ P11~;1 f
No person shall maliciously, willfully or negligently
break, damage, destroy, uncover, deface or tamper with
any structure, appurtenance or equipment which is a part
of the sewerage works. Any person violating this
provision shall be subject to immediate arrest for a
misdemeanor punishable as provided herein or in Florida
Statutes 806.13 or 812.19.
18-66 Powers and authority of inspectors.
(a) The Director and other duly authorized employees of
the City of Okeechobee, bearing proper credentials and
identification, shall be permitted to enter all proper-
ties for the purposes of inspection, observation,
measurement, sampling and testing in accordance with the
provisions of this chapter. The Director or his represen-
tatives shall have no authority to inquire into any
processes, including metallurgical, chemical, oil
refining, ceramic, paper or. other industries beyond that
point having a direct bearing on the kind and source of
discharge to the sewers or waterways' or facilities for
waste treatment.
(b) While performing the necessary work on private
properties referred to in subsection (a) above, the
Director or duly authorized employees of the City of
Okeechobee shall observe all safety rules applicable to
the premises established by the company. The company or
owner shall provide reasonable and safe access to the
premises to any employee of the City of Okeechobee, as
well as direction and or supervision as to the areas or
systems being inspected.
48
C.
c VOK 3ca PACE 191
J The Director and other duly authorized em to
the city of Okeechobee p Yees of
bearing proper credentials and
identification, shall be permitted to enter a
properties through which the City of Okeechobee holds an
easement for the purpose of, but not limited to, ins
Lion, observation pec-
measurement, sampling, repair and
maintenance of any portion of the sewerage works
within said easement. lying
All entries and subsequent work, if
any, on said easements shall be done in full accordan
with the terms of the a ce
asement pertaining to the private
property involved.
The Director shall discontinue sewer service
premises on which a violation of this chapter s to any
or regulation relating to the 'or any rule
City's sewer system has
been or is being, committed. Sucli service shall n
reconnected until the violation not has been corrected, and
until the consumer has paid a re-connection cha
together with all rge
fines and penalties
provided herein. in the amount
Any cost or fee for such violations are
set forth in the rate resolution as adopted by the Cit
Council. Y
I8-67 WASTEWATER SYSTEM ENLARGEMENT AND EXPANSION TRUST FUND
The City has established a systems capacity charge for
new customers connecting to the C.ity,s wastewater system.
The purpose of the charge is to establish a fund to
replace the wastewater capacity taken by new customers by
expansion and enlargement of the wastewater system, and
capital improvements, therefore such funds are to be
deposited into the improvement and replacement fund and
the funds are to be used only for the purpose of improve-
ments and replacements of the equipment, capital items of
the wastewater treatment and collection system. These
49.
OR
/3CO wr1792
funds may be invested as other funds of the City and may
be commingled in order to obtain the maximum amount of
interest provided, however, that separate books of
account may be established to precisely identify the
funds of this account. The interest accruing from the
invegtment of these funds shall accrue to this fund and
shall be used for no other purpose that the improvement
and replacement of the City wastewater system.
18-68 MONTHLY SERVICE AVAILABILITY CHARGE
The service availability charges listed in the rate
resolution shall apply to all single-family, multi-
family, master metered and commercial units or pads
whether occupied or not. Service availability charges
shall be due and payable each month commencing on the
issue date of a certificate of occupancy. A service
availability charge shall apply to each meter if more
than one meter is installed for a single unit.
18-69 ALLOWANCE FOR VACANT BUILDINGS
No allowance for monthly service availability charge for
sewer shall be made for vacant houses or vacant commer-
cial units, unless a request in writing to have the water
turned off and meter removed during such vacancy is
received by the Public Utilities Office, prior to the
period for which the allowance is desired. No allowance
will be made for any vacancy where the water remains
turned off less than a period of 30 days. Upon receipt of
written request, the City will turn water service off and
remove water meter for a period of up to 365 days. A fee
will be charged to remove and replace water meter. The
monthly bill for services must be paid if written request
is not received by the City to discontinue water and
50
sewer service. See rate resolution
•
BECK 360 PACE ~JJ
Any property that does not re-connect to the water
services and begin paying the monthly water and or sewer
service availability charges for such service within the
365 days will forfeit the water and or sewer service and
the service will be removed by city forces. After the
removal of the service, the full connection fee and
systems capacity charges for all services received shall
be paid to City along with any other related charges
before such services are installed. Any fees and costs
pertaining to this section are set forth in the rate
resolution as adopted by the City Council.
18-70 CUSTOMERS WITHOUT WATER METER SERVICE
In the event a sewer customer, (building or premises) is
discharging sewage, water or other liquid wastes into the
city's sewer facilities and using water supplied on other
than a metered basis from the City water system then in
each such case the owner shall be required by the city to
cause a water meter or other measuring device to be
installed acceptable to the city, and the quantity of
water used as measured by such meter shall serve as a
basis for determining the sewer charge, and pending
installation of such meter, rates and charges shall be
based upon an estimated quantity of water used. Such
rates and charges are set forth in the rate resolution as
adopted by the City Council.
18-71 CUSTOMERS WITHOUT SEWER SERVICE
Rates and charges provided for in this section shall not
apply to water billings for such meters as have been
determined by the city to have no relationship to the use
51
•
0
of the area wide sanitary sewer system.
18-72 CUSTOMERS OUTSIDE INCORPORATED AREAS
BUK 3CO PACE1 94
Sanitary sewer use rates for the unincorporated areas of
the 201 facilities planning area are listed in the rate
resolution as adopted by the City Council.
18-73 UNAUTHORIZED USE OF SEWER SYSTEM
It shall be unlawful for any person to tap, cut or in any
way use any line, branch or part of the sanitary sewerage
system without obtaining a written permit and paying all
fees, rates and charges established by law or the rate
resolution as adopted"by the City Council.
Any person violating this section or assisting or causing
such violation shall be subject to penalties and costs as
set forth in Section 4-8--23 18-8 herein. (Ord. 0623. 1-02-
90)
18-74 RENEWAL OF OCCUPATIONAL LICENSE SUBJECT TO ADEQUATE
POLLUTION CONTROL FACILITIES
After any occupational license is issued, a copy of the
application shall be forwarded to the public utilities
department, and if alteration of occupational activities
would create pollution problems, modification of the
facilities such as grease traps and other pretreatment
facilities may be required. Where facilities require
updating or additional equipment to meet pollution
standards, such changes shall be made prior to the
renewal of any occupational license at no expense to
city.
52
18-75 LEGAL ACTION
BILK 363 NUE1 I 95
If any person discharges sewage, industrial wastes or
other wastes into the city's wastewater disposal system
contrary to the provisions of this article, federal or
state pretreatment requirements or any order of the city,
the city attorney may commence an action for appropriate
legal and/or equitable relief in the circuit court of
this county.
This Ordinance shall take effect November 1, 19f39.
Yntroduced and passed on first reading this 5th. day of
September , 19 89
Mayor
ATTEST:
53
EXHIBIT "C"
GCGK ~~U PAG~i (~(j
The initial operating budget of the Authority shall reflect the fiscal year 1994-1995 budgets for
the City Utilities and OBWA Utility. The initial administrative budget of the Authority shall be
established pursuant to the Agreement between the Authority and the South Florida Water
Management District.
seU~, .ICJ uui 1 I91.
PUBLIC
UTILITIES
EXHIBIT "C"
RuK +Jl) 0 pAia l 17 8
PUBLIC WORDS
549 PUBLIC FACILITIES IMPROVEMENT FUND SUMMARY II
F*Balance, October 1
-ADD REVENUES:
312300 Ninth-Cent Gas Tax
312410 Local Option Gas Tax
335122 SRS Eight-cent Motor Fuel
312420 Local Alter. Fuel User Fee
335420 16% Share Gas Tax
335410 Motor Fuel Tax Rebate
361100 Interest Earnings
384000 Debt Proceeds
369100 -Miscellaneous
TOTAL REVENUES AVAILABLE
DEDUCT EXPENDITURES:
Operating Expenses
Operating Transrer-Out:
General Fund
TOTAL EXPENDITURES
Fund Balance, September 30
1992-93
ACTUAL
682,948.
-0-
122,540.
60,628.
788.
140,000.
1,573.
22,309.
-0-
2,987.
1,033,773.
295,315.
225,000.
520,315.
513,458.
1993-94
BUDGET
529,963.
40,000.
110,000.
52,000.
300.
115,000.
1,500.
17,000.
-0-
3,000.
868,763.
286,700.
330,000.
616,700.
252.E , ,063 .
1993-94
ESTIMATE
513;458.
44,502.
120,047.
60,651.
333.
135,916.
1,744.
35,700.
846,394.
4,820.
1,763,565.
235,800.
220,000.
455,800.
11307,765.
1994-95
PROPOSED
1,307,765
43,000.
86,000.
55,000.
300.
120,000.
1,500.
17,000.
-0-
3,000.
1,633,565.
919,750.
310,000.
1,229,750.
403,815.
pc~ 3LO PAGES l9y
552 1994 CDBG BLOCK GRANT
?un*alance, October 1
:.DD REVENUES:
731320 CDBG Grant
-OTAL REVENUES AVAILABLE
EDUCT EXPENDITURES:
?perating Expenses
,OTAL EXPENDITURES
unW-'-"' -lance, September 30
PUBLIC WORKS
1994-95
PROPOSED
-0-
575,000.
575,000.
575,000.
575,000.
-0-'
E AM P-]E180'0
D GET SUMMARY
DING SOURCES
ra. Fund
Service Fund
rovement and Replacement Fund
3tewater Collection System Fund
_er Treatment Plant Const. Fund
stewater Treatment Plant Fund
CDBG Grant
-Ir Distribution System Const. Fund
'AL FUNDING SOURCES
END ITURES
rat' Fund
t ice Fund
rovement and Replacement Fund
tewater Collection System Fund
er Treatment Plant Const. Fund
-3tewater Treatment Plant Fund
I CDBG Grant
ter Distribution System Const. Fund
TAL EXPENDITURES
PUBLIC UTILITIES
1992-93
ACTUAL
3,092,957.
1,857,151.
662,088.
530,340.
2,902,237.
85,797.
452,310.
1,834,157.
11,417,037.
1,737,379.
1,083,570.
241, 611..
382,677.
543,684.
72,742.
447,310.
46,078.
4,555,051.
1993-94
BUDGET
3,409,914.
1,653,922.
1,417,732.
316,500.
2,544,058.
414,811.
-0-
1,858,153.
11,615,090.
3,269,554.
1,195,744.
1,416,500.
316,500.
2,530,000.
414,700.
-0-
1,856,000.
10,998,998.
d Balance, September 30 6 , 861, 986 . 616,092.
1993-94
ESTIMATE
3,387,420.
1,626,382.
1,206,189.
457,774.
2,456,853.
414,740.
75,908.
1,808,089.
11,433,355.
2,902,124.
1,190,369.
885,815.
452,774.
2,456,853.
338,211.
75,908.
795,760.
9,097,814.
2,335,541.
1994-95
PROPOSED
2,475,146.
1,648,787.
1,031,374.
5,000.
-0-
6,096,529.
-0-
_1,177,348.
12,434,184.
2,358,050.
1,319,994.
1,021,620.
5,000.
-0-
2,200,000.
-0-
1,175,689.
8,080,353.
4,353,831.
Bc
BCGK 300 n-CE1801
PUBLIC UTILITIES
536 OPERATING FUND REVENUES AND EXPENDITURES SUMMARY
1992-93
1993-94
1993-94
1994-95
ACTUAL
BUDGET
ESTIMATE
PROPOSED
0clober 1
tint k"Z
1,121, 421.
1, 463, 064.
1,355, 578.
485, 296.
.
DD VS:
42200 Private Fire Protection Service Fee
16,005.
15,000.
16,254.
16,000.
X43310 Water/Sewer User Fee
1, 748, 107.
1, 700, 000.
1, 810, 059.
1, 800, 000.
,43353 Water/Sewer Connection Fee
46,461.
95,000.
48,123.
45,000.
343635 Delinquent User Fee
41,674.
45,000.
48,204.
45,000.
"43351 Public Fire Protection Service Fee
13,320.
13,200.
13,200.
13,200.
45410 Water/Sewer Motor Fuel Tat Rcbate
630.
650.
664.
650.
51100 Investment Interest
61,357.
48,000.
51,562.
35,000.
54410 Surplus Property
5,246.
-0-
500.
-0-
59000 Miscellaneous
37,778.
30,000.
41,505.
35,000.
59300 Refund Prior Year Expd.
958.
-0-
1,771.
-0-
OTAL REVENUES AVAUABLE
3,092,957.
3,409,914.
3,387,420.
2,475,146.
,EPAWE EXPENDITURES:
iperating Expenses
1, 609, 912 .v
1, 839, 340.
1, 725, 756.
1_,352., 0.50.!/'
'nerntinc Trnnsrers-Out:
-
Jebt Service Fund.
12,467.
-0-
-0-
200, 000.
3eneral Fund
100, 000.
100, 000.
100, 000.
100, 000.
Nastewater Coll. Sys. Const: Fund
-0-
194, 687.
189, 568.
-0-
mprovement an Replacement Fund
15,000.
895, 827.
698, 200.
206
000.
Wastewater Trtmt. Plt. Const. Fund
-0-
239,700.
188, 600.
,
-0-
'OTAL EXPENDITURES
1,737,379.
3,269,5546
2,902,124.
2,358,050.
'und Balance, September 30
1,355,578!
14033~
485 , 296.
117
096
,
.
.t i
c(rK _
C `3
B 6 Pt,GE~ M2
PUBLIC UTILITIES
591 WASTEWATER COLLECTION SYSTEM CONSTRUCTION FUND
Fund Balance, October 1
i ADD R + NUES:
331310 Farmers Home Admn. Grant
361100 Interest Earnings
OneratinQ Transfers-in:
Operating Fund
Utilities Construction Proceeds
TOTAL REVENUES AVAILABLE
DEDUCT EXPENDITURES:
. Operating Expenses
Operating Transfers-Out:
Water Treatment Plt. Construction Fund
Wastewater Treatment Plt. Construct. Fund
Water Distribution System Construct. Fund
TOTAL EXPENDITURES
Fund Balance, September 30
1992-93
1993-94
1993-94
1994-95
ACTUAL
BUDGET
ESTIMATE
PROPOSED
15,870.
13,813.
147,663.
5,000.
-0-
118,000.
118,052.
-0-
2,205.
-0-
2,491.
-0-
-0-
194,687.
189,568.
-0-
512,265.
-0-
-0-
-0-
530,340.
316,500.
457,774.
5,000.
248,183. 316,500. 239,774. 5,000.
30,434.
-0-
-0-
-0-
85,700.
-0-
213,000.
-0-
18,360.
-0-
-0-
-0-
382,677.
316,500.
452,774.
5,000.
147,663.
-0-
5,000.
.v
y
ECA 360 RGAS03
. 1991 CDBG BLOCK GRANT
0
3 Balance, October 1
E E NUES:
320 CDBG Grant
'AL REVENUES AVAILABLE
)UCT EXPENDITURES:
rating Expenses
,ENDITURES
I Balance, September 30
PUBLIC UTILITIES
1992-93
1993-94
1993-94
1994-95
ACTUAL
BUDGET
ESTIMATE
PROPOSED
4,990.
-0-
5,000.
-0-
447,320.
-0-
70,908.
-0-
452,310.
-0-
75,908.
-0-
447
,310.
-0-
75,908.
-0-
447
,310.
-0-
75,908.
-0-
-
ecc.K 3GO PAcE1 K 4
PUBLIC UTILITIES
"93 WATER TREATMENT PLANT CONSTRUCTION FUND SUMMARY
w
.end Balance, October 1
REVENUES:
34000 1992 Debt Proceeds
61100 Interest Earnings
_ 69100 Miscellaneous
nerating Transfers-In:
'astewater Coll. Sys. Const. Fund
OTAL REVENUES AVAILABLE
EDUCT EXPENDITURES:
}pAng Expenses
OTAL EXPENDITURES
and Balance, September 30
1992-93
ACTUAL
26.
1993-94
BUDGET
2,514,058.
1993-94
ESTIMATE-
2,358,553.
1994-95
PROPOSED
-0-
2,870,700.
-0-
-0-
-0-
1,077.
30,000.
98,300.
-0-
-0-
-0-
-0-
-0-
30,434.
2,902,237.
543,684.
543,684.
2,358,553.
-0-
2,544,058.
2,530,000.
2,530,000.
14,058.
-0- -0-
2,456,853. -0-
2,456,853. -0-
2,456,853. -0-
-0- -0-
_k5
.n
na
PUBLIC UTILITIES
~94.WASTEWATER TREATMENT PLANT CONSTRUCTION FUND SUMMARY
1992-93
1993-94
1993-94
1994-95
ACTUAL
BUDGET
ESTIMATE
PROPOSED
October 1
,urWalance
69.
11.
13, 055.
76,529.
,
_DD REVENUES:
84000 1995 Debt Proceeds
-0-
-0-
-0-
6,000,000.
:
61100 Interest Earnings
28.
100.
85.
20,000.
,peratina Transfers-In:
'astewater Coll. Sys. Const. Fund
85,700.
175,000.
213,000.
- 0 -
:
perating Fund
-0-
239,700.
188,600.
-0-
OTAL REVENUES AVAILABLE
85,797.
414, 811.
414,740.
6,096,529.
1E OT EXPENDITURES:
)perating Expenses
72,742.
414 , 700.
338,211.
2,200,000,
TOTAL EXPENDITURES
72,742.
414,700.
338,211.
2,200,000.
und Balance, September 30
133
Ill.
7 6 , 529.
.
3,896,529
M
BUK 360 HAM
PUBLIC UTILITIES
.7 DEBT SERVICE FUND SUMMARY
.-id Balance, October 1
D OVENUES:
3650 Capital Cost Recovery Fees
4000 Debt Proceeds
:1100 Interest Earned
eratln8 Transfers-In:
crating Fund
TAL REVENUES AVAILABLE
:DUCT EXPENDITURES:
)0 AkcipaI
)0 Interest
A Other Debt Cost
DTAL EXPENDITURES -
ind Balance, September 30
serve Fund Transfer-In:
?crating Fund
iprove and Replace Fund
~bt Service Reserve Balance
1992-93
ACTUAL
479,686.
1993-94
BUDGET
763,308.
822,394. 878,614.
542,930. -0-
12,141. 12,000.
-0-
1,857,151.
170,000.
912,287.
1.283.
1,083,570.
773,581.
12,467.
438,988.
451,455.
-0-
1,653,922.
175,000.
1,018,744.
2,000.
1,195,744.
458,178.
-0-
-0-
451,544.
1993-94
ESTIMATE
773,581.
839,939.
-0-
12,862.
-0-
1,626,382.
175,000.
1,013,369.
2.000.
1.190.369.
436
-0-
-0-
451,455.
1994-95
PROPOSED
436,013.
998,774.
-0-
14,000.
200,000.
1,648,787.
310,000.
1,007,994.
2,000.
1,319,994.
3287®
-0-
-0-
451,455.
-
•~7
F, LK 363 :P".A 80 7
PUBLIC UTILITIES
96 IMPROVEMENT AND REPLACEMENT FUND SUMMARY
un•alance, October 1
DD REVENUES:
63354 System Capacity Fees
51100 Interest Earnings
neratinQ Transfers-In:
)92 Utilities Construction Proceeds
-perating Fund
OTAL REVENUES AVAILABLE
EpJJ0T EXPENDITURES: `
perating Expenses
OTAL EXPENDITURES
und Balance, September 30
'UND RESERVE BALANCE
ransfer-Out;
.95 Debt Servlce Fund
OTAL
1992-93
1993-94
1993-94
1994-95
ACTUAL
BUDGET
ESTIMATE
PROPOSED
541,646.
406,905.
420,477.
320,374.
85,583.
100,000.
75,368.
75,000.
19,859.
15,000.
12,144.
10,000.
-0-
-0-
-0-
420,000.
15,000.
895,827.
698,200.
206,000.
662,088.
1,417,732.
1,206,189.
1,031,374.
241,611.
1,416,500.
885,815.
1,021,620.
241,611.
1,416,500.
885,815.
1,021,620.
420®
1,232.
320,374.
9,754.
438,988.
-0-
-0-
-0-
438,988. -0-
~-0-, -0-
-0-
-0-
-0-
E~J36-0
PUBLIC UTILITIES
WATER DISTRIBUTION SYSTEM CONSTRUCTION FUND
.dance, October 1
REVENUES:
300 SFWMD
X00 1992 Debt Proceeds
100 Interest Earnings
ratiniz Transfers-In:
,tewater Coll. Sys. Const. Fund
ZAL REVENUES AVAILABLE
:)UiQT EXPENDITURES:
rating Expenses
:rating Transfers Out:
2 Utilities Construction Proceeds
TAL EXPENDITURES
A Balance, September 30
1992-93
ACTUAL
94.
-0-
1,815,655.
48.
18,360.
1,834,157.
46,078.
-0-
46,078.
1,788,079.
1993-94
BUDGET
1,844,653.
-o-
-0-
13,500.
-0-
1,858,153.
1,856,000.
-0-
1,856,000.
2,153.
1993-94
ESTIMATE
1,788,089.
-0-
-0-
20,000.
-0-
1,808,089.
795,760.
-0-
795,760.
1,012,329.
1994-95
PROPOSED
1,012,329.
165,019.
-0-
-0-
-0-
1,177,348.
755,689.
420,000.
1,175,689.
1,659.
ec~K ~heL
CAPTIAL IMPROVEMENTS PROGRAM
'ROJECTS•
1. *ter Distribution System
a. Professional Services
b. Construction
2. Wastewater Plant Expansion
a. Professional Services
b. Construction
7UNDING SOURCES:
1992 Bonds
1995 Bonds
•
CITY OF OICEECHOBEE
FY 1994 F Y 1995 FY 1996
80,000. -
510,000.
200,000. 185,000.
2,000,000. 4,000,000.
590,000.
2,200,000. 4,185,000.
FY 1998
{
, , •
'All
~ v~''3~ lei{•I,'(~11 r,~~~rj~ l', 'J.F }'I~~lO~t.:.': '
~t~.i ,t}tt, r1J~'~ ~(l;~',l': j'.~:?.iJ~l,.~•• j'`,'ii t:::'•
Cr)
V? p) . .'r i1.1"{':~'`!.'if't ,,.I t.ilc.~; ;1,• it ' '
~ ~`ir~. ,.•:•ti~':,)'~ ~ 1'r alb'; ::`~t , ; `~1:~, . .
Z V • ~••1,;, j It~~l'~ tr 1 • :t'j(t(, ~ ~7., t.~' ~i t:.•: . .
CL_
LLI
~ ~ r Lti',~'.~~~}~~`J,~1t`f'~j rl \ IY.I~~:.~,;:~,•..., Jtjl~J'.' r~1~'' '
r.l" ~ ~ c \ .I~irl~~'. .,~;11.~(r'i~l ~r~ ~ l5,•h :=.i :I~~ fr,. •~'j ~•}i;.~,~i7. i~'~ •
;.j" to '11N
yJ !~'1 '~J~~ , r~~} `l~.r► ~ } ~It~^.. t._~~i;'i•-~••'',rl~ rJ.;.:•'r,r:. 't
PIP
h~ ~r a ~i,f~..;:b ~t:;i),1.. I_ .r~I.1=t t
4'.•~ , } ~'~}Y;.a. ~5:t, '~i;•,, ~ 'jt,;• Jar
~%(i~~a~' „ ' ( t C ~•~'tt);'' ~r' ,~1,~ tNj'~'A1'r'f .j •'i,• I. +1
!'j ~_,I, 't'I: n•. .i :1~ 1~Ji.t
''.1.,:,i~+',+'I .i.:f~~,j ,,j.,,}l,ll: :,•.a:!~~r~;~l- ~ } ~:~{''tF~. t::i' ~r• ~;t' ' ~~1
is ;'1•• '►1~,'l~~C ~ti'(~rt'tJ~'~l t': 0 { ►Itl` !1"•j;•.
`~:F~t ~rf' cl.sJ
\ t'• fir, 1~~1 J ~~J. _Ti i{'`~ ~ f(~.~.;`~~~ ~`',.a`~.'••t• ~ t'+.4 ~1~''~ ' ~I j
V ~~.U,Sy~'i:.,~ `J~t~'1:, ~ f1 I11'~ItyCP^ • t i,~ ~TI~•i• it~r t + ~ 4` 1 t ~~1: , 1 •c '
'J1 ~ ;;9t~:..1;..,1.,'4f~ ~1} t~ r~,Vy~~ J,~ , t * 1'~
;;'•~~•~~~,;+~i(.~•'i~'1~_ L ~,~3't _~~I11.-'?~' •'.~..',.,.•'.•_'~'~ii►L ..'l~ , r' lili,l
• +ui ,r rJl .fiF.
r1Yt
l
92
1993
1994
O
1995
TUAL
ACTUAL
ESTIMAT
ESTIMATED
INCOME
WATER SALES (NOTE 2)
t620,553
$634,024
$640,400
$1,009,875
INSTALLATION FEES
$12,485
$1,775
$1,000
$1,000
MEMBERSHIP FEES
$2,757
$1,110
t180
$180
SYSTEM CAPACITY CHARGES
$32,400
$4,550
$2,750
$2,750
INTEREST INCOME
$23,934
$7,749
$5,000
$5,000
MISC. INCOME
$3,216
$1,803
$3,000
$3,000
FRANCHISE FEE
-0-
t23,413
$38,500
$60,600
tor---)
CID
F~
On
WI'
TOTAL INCOME
$695,345
$674,424
$690,830
$1,082,405
OPERATING EXPENSES
WATER PURCHASED (NOTE 1)
$203,517
$216,126
$268,000
$395
000
METERS - PIPE & FITTINGS
$22,943
$13,941
$25,000
,
$25
000
ENGINEERING FEES
-0-
$4,823
$5,000
,
$10
000
LAB TESTING
$3,896
$4,279
$4,500
,
$4
500
ACCOUNTING & LEGAL
$20,934
$45,107
$22,000
,
$24
000
AUTO & TRUCK EXPENSE
$3,484
$7,057
.$8,000
,
$9
000
ADVERTISING
BANK CHARGES
$73
$2,276
$1,000
,
$1,000
BOARD OF DIRECTORS EXP.
$146
$402
$300
-0-
$300
$350
DUES & SUBSCRIPTIONS
$1,715
$1,691
$250
$1,800
$250
$1
800
SALARIES - OFFICE
$37,106
$38,316
$40,000
,
$42
000
SALARIES - MAINTENANCE
SALARIES - WTP
$76,468
$87,246
$90,000
,
$94,500
PAYROLL TAXES
-0-
$11,271
-0-
$11,826
-
0'
$12,350
-0-
$13
000
PENSION EXPENSES
t5,160
$6,679
$9,100
,
$9
600
HEALTH INSURANCE
OTHER INSURANCE
$8,295
$10,813
$16,550
,
$17,000
LICENSES & TAXES
$19,500
$25,505
$26,800
$32,500
ELECTRICITY - OFFICE
$670
$14,067
$628
$10,745
$650
$12,000
$700
$13
500
ELECTRICITY - DIST. SYSTEM
$216
$275
,
$275
ELECTRICITY - WTP & WELLS
-0-
_0_
_0_
-0-
TELEPHONE
- OFFICE
TELEPHONE - WTP
53,478
$4,555
$4,850
$5,000
OFFICE EXPENSE
OF
-0-
$7,628
-0-
$6,279
-0-
$6
600
-0-
$6
800
FICE EXPENSE - WTP
_0_
_0_
,
-0-
,
-0-
POSTAGE
REPAIRS & MAINT.-DIST. SYS
$8,963
$8
685
$9,619
t
$10,000
$11,000
.
REPAIRS & MAINT. - WTP
,
-0-
6,171
$6,500
$7,000
CHEMICALS
CHEMICALS - WTP
-0-
-0-
& TRAINING
LAB. CONTRACT
-0-
-0-
$1,000
$1,500
LAB. SUPPLIES
-0-
-0-
-0-
-0-
EQUIPMENT & TOOLS
LICENSES
-0-
-0-
-0-
-0-
t15,000
-0-
$15,000
CERTIFICATION
FRANCHISE FEE TO COUNTY
-0-
-0-
$500
$500
$23,413
$38,600
$45,000
TOTAL EXPENSES
$458,401
$537,611
$626,625
$785,775
WATER LINE REPLACEMENT
-0-
-0-
-0-
$200,000
ANNUAL TOTAL
$458,401
$537,611
$626,625
$985,775
BALANCE
$236,944
$136,813
$64,205
$96,630
EXHIBIT "C"
FhIE 151
~t,~
QGGK
OKEECHOBEE BEACH
WATER ASSOCIATION, INC.
OPERATING BUDGET
1992
1993
1994
1995
ACTUAL
ACTUAL
ESTIMATED
ESTIMATED
TOTAL CONNECTIONS DEC. 31.
RESIDENTIAL
COMMERCIAL
3025
3035
3065
3095
177
177
180
182
TOTAL
3202
3212
3245
3277
TOTAL GALLONS PURCHASED'
RESIDENTIAL
COMMERCIAL
124,367,500
124,039,000
124,800,000
126,000
000
83,396,500
82,700,000
83,200,000
,
84,000,000
TOTAL
207,764,000
206,739,000
208,000,000
210,000,000
NOTE 1: ESTIMATED WATER PURCHASED FOR 1994 INCLUDES 3 MONTHS AT CITY
WHOLESALE RATE AFTER CONTRACT EXPIRES.
ESTIMATED WATER PURCHASED FOR 1995 INCLUDES 12 MONTHS AT CITY
WHOLESALE RATE.
NOTE 2: ESTIMATED WATER SALES FOR 1994 DOES NOT INCLUDE ANY RATE
INCREASE AFTER CONTRACT EXPIRES.
ESTIMATED WATER SALES FOR 1995 INCLUDES A RATE INCREASE
FOR OBWA CUST011ERS AS APPROVED BY FmHA.
0 0
OKEECHOBEE
BEACH WATER
ASSOCIATION
BOOK 360
PAGE 1813
SUMMARY OF
ACCOUNT WITH
CITY OF OKEECHOBEE
SEPT. 26, 1994
)ATE TOTAL
TOTAL
DEBT AMOUNT PROFIT
COST PER ; PROJECTED
COST PER
GALLONS
PAID
INCLUDED INCLUDED
1000 GAL. ; CITY BILL
1000 GAL.
WHOLESALE RATE
1993
J
F
H
A
M
J
J
A
S
0
N
D
TOTALS
AVERAGE
1994
J
F
H
A
M
J
J
A
5
0
N
D
20,322,000
19,740,000
18,471,000
18,364,000
17,277,000
14,510,000
15,441,000
14,642,000
14,284,000
15,845,000
18,575,000
19,268,000
206,739,000
17,228,250
$17,291.99
$16,863.88
$15,478.70
$19,304.24
$16,214.46
$15,112.98
$18,519.94
$14,450.19
$24,509.92
$16,792.53
$20,530.95
$21,056.07
$216,125.85
$18,010.49
$2,046.32
$2,151.66
$2,138.94
$2,020.04
$1,753.62
$1,625.12
$1,732.48
$1,619.41
$1,674.08
$1,766.72
$2,004.24
$2,027.75
$22,560.38
$1,880.03
$2,255.74
$2,199.04
$2,018.88
$2,517.71
$2,114.71
$1,980.62
$2,414.97
$1,884.43
$3,196.76
$2,189.78
$2,678.52
$2,745.69
$28,196.85
$2,349.74
$0.8509
$0.8543
$0.8380
$1.0512
$0.9365
$1.0462
$1.1994
$0.9869
$1.7159
$1:0598
$1.1053
$1.0928
$12.7392
$1.0616
21,065,000
$18,863.71
$2,146.52
$2,460.39
$0.8955
20,829,000
$19,845.87
$2,199.54
$2,589.04
$0.9528
21,960,000
$20,236.14
$2,090.59
$2,635.20
$0.9215
17,286,000
$17,002.51
$1,832.32
$2,178.04
$0.9836
15,843,000
$17,394.03
$1,801.35
$2,268.72
$1.0979
13,349,000
$17,309.65
$1,673.96
$2,257.32
$1.2967
14,239,000
$17,850.01
$1,701.56
$2,328.08
$1.2536
TOTALS
124,571,000
$128,501.92
$13,445.84
$16,716.79
$7.4016
AVERAGE
17,795,857
$18,357.42
$1,920.83
$2,388.11
$1.06
$36,747.48
$35,944.32
$34,193.10
$34,045.44
$32,545.38
$28,726.92'
$30,011.70
$28,909.08
$28,415.04
$30,569.22
$34,336.62
$35,292.96
$389,737.26
$32,478.11
$37,772.82
$37,447.14
$39,007.92
$32,557.80
$30,566.46
$27,124.74
$28,352.94
$232,829.82
$33,261.40
% of Increase
NOTE 1:
$1.8083
$1.8209
51.8512
$1.8539
$1.8837
$1.9798
$1.9436
$1.9744
$1.9893
$1.9293
$1.8485
$1.8317
$22.7146
$1.8929
$1.7932
$1.7978
$1.7763
$1.8835
$1.9293
$2.0320
$1.9912
$13.2033
$1.89'
88.62%
NOTE 1: PROJECTED WHOLESALE RATE INCLUDES $1.38 PER 1,000 GALLONS
PLUS $3,000.00 SERVICE AVAILABILITY CHARGE PLUS $5,703.12 DEBT SERVICE CHARGE
14
Box 3 ' 0 PacE 1X14
DRAFT #4: 4/14/93
93007.00
q~
OKEECHOBEE COUNTY, FLORIDA
OKEECHOBEE BEACH WATER ASSOCIATION, INC.
WATER AND SEWER FRANCHISE ORDINANCE
i
ADOPTED APRIL, 1993
BOOK J U V FADE
115
DCG~`3 Ph CE1129
TABLE OF CONTENTS'
PAGE
ARTICLE I
INTRODUCTION
SECTION 1.01. DEFINITIONS . . . . . . . . . . . . . . . . . 1
SECTION 1.02. CONSTRUCTION AND INTERPRETATION . . . . . . . 3
SECTION 1.03.. FINDINGS . . . . . . . . . . . . . . . . . . . 4
ARTICLE II
WATER AND SEWER SYSTEM FRANCHISE
SECTION
2.01.
GRANT OF AUTHORITY . . . . . . . . . . . . .
. 8
SEC'T'ION
2.02.
WATER SYSTEM USERS . . . . . . . . . . . . .
. 9
SECTION
2.03.
SEWER SYSTEM USERS . . . . . . . . . . . . .
. 9.
SECTION
2.04.
TERM OF FRANCHISE; ORDINANCE CONSTITUTES
FRANCHISE AGREEMENT . . . . . . . . . . . .
. 9
SECTION
2.05.
FRANCHISE CONSIDERATION . . . . . . . .
. 10
SECTION
2.06.
ASSIGNMENT . . . . . . . . . . . . . . .
. 11
SECTION
2.07.
RIGHT TO PURCHASE ASSOCIATION FACILITIES . .
. 11
SECTION
2.08.
CONSTRUCTION TIMETABLE . . . . . . . .
. 14
SECTION
2.09.
TERMINATION . . . . . . . . . . . . . . . .
. 15
SECTION
2.10.
BREACH . . . . . . . . . . . . . . . . . . .
. 16
ARTICLE III
OPERATIONS ,
r
SECTION
3.01.
USE OF 'RIGHT-OF-WAYS . . . . . . . . . . . . .
18
SECTION
3.02.
CONSTRUCTION OR INSTALLATION OF FACILITIES . .
18
SECTION
3.03.
SYSTEM MAINTENANCE . . . . . . . . . . . . .
19
SECTION
3.04.
TRANSITION AND SERVICE AGREEMENTS . . . . . .
20
SECTION
3.05.
CONTRIBUTIONS TO BENEFIT USERS . . . . . . . .
21
SECTION
3.06.
RATES, FEES AND CHARGES . . . . . • . . .
21
SECTION
3.07.
SYSTEM DEVELOPMENT CHARGES . . . . . . . . .
23 .
SECTION
3.08.
REPORTING REQUIREMENT, BOOKS AND RECORDS . . .
27
SECTION
3.09.
COMPLAINTS . . . . . . . . . . . . . . . . .
. 28
SECTION
3.10.
PERFORMANCE MONITORING . . . . . . . . . . .
. 29
SECTION
3.11.
MANDATORY USE OF ASSOCIATION FACILITIES AND
SERVICES . . . . . . . . . . . . . . . . .
. 30
SECTION
3.12.
PLANNING REQUIREMENTS . . . . . . . . . . .
. 30
SECTION
3.13.
COMPLIANCE WITH OTHER LAWS, ORDINANCES AND
REGULATIONS . . . . . . . . . . . . . . . .
. 32
i
' y,
BRGK ~3 ~ P~GEIV%
BUK 344 nall3o
ARTICLE IV
GENERAL
SECTION
4.01.
INDEMNIFICATION . . . . .
. . . . . 34
SECTION
4.02.
CHANGE OF LAW . . . . . .
. . . . . . . . . . 35
SECTION
4.03.
AMENDMENTS AND WAIVERS . .
. . . . . . . . . . 36
SECTION
4.04.
SEVERABILITY . . . . . . .
. . . . . . . . . . 36
SECTION
4.05.
ALTERNATIVE METHOD . . . .
. . . . . . . . . . 36
SECTION
4.06.
EFFECTIVE DATE . . . . . .
. . . . . . . . . . 37
APPENDIX
A
FORM OF ACCEPTANCE
APPENDIX
B
SERVICE AREA
i
_ ii
• } OR
ii
6GGK•~~t~ ` \ Mcr,l, f ZG 344 PAC E1
ORDINANCE NO. 93- 5
AN ORDINANCE GRANTING A NON-EXCLUSIVE
FRANCHISE TO OKEECIIOBEE BEACH WATER
ASSOCIATION, INC., ITS SUCCESSORS AND ASSIGNS,
TO OPERATE AND MAINTAIN WATER AND SEWER
SYSTEMS IN A PORTION OF THE UNINCORPORATED
AREA OF OKEECHOBEE COUNTY; II4POSING PROVISIONS
AND CONDITIONS RELATING THERETO, PROVIDING FOR
SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE
DATE.
NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY
COMMISSIONERS, OKEECHOBEE COUNTY, FLORIDA:
ARTICLE I
INTRODUCTION
SECTION 1.01. DEFINITIONS. As used in this Ordinance, the
following words and terms shall have the following meanings, unless
the context clearly otherwise requires:
"Association" means the Okeechobee Beach Water Association,
Inc., a Florida corporation, its successors and assigns.*
"County" means Okeechobee County, Florida.
"Franchise Agreement" means the agreement between the County
and the Association as provided in this Ordinance and accepted by
the Association pursuant to its terms, as amended by the parties..
"MGD" is
an abbreviation for
"million gallons
per
day."
"Service
Area" means the
lands described
in
Appendix B
attached hereto.
"Sewer system" means and'includes any plant, system, facility,
or property and additions, extensions and improvements thereto at
any future time constructed or acquired as part thereof, useful or-
1
r t r
• B GK 360 R"GEICK8 R* 44 '44132
• necessary or having the present capacity for future use in
connection with the. collection, treatment, purification, or
disposal of sewage of any nature or originating from any source,
including industrial wastes resulting from any processes of
industry, manufacture, trade or business or from the development
of any natural resources; reclaimed water treatment transmission
and distribution facilities; and without limiting the generality
of the foregoing definition shall embrace treatment plants, pumping
stations, lift stations, valves, force mains, intercepting sewers,
laterals, pressure lines, mains, and all necessary appurtenances
and equipment, all sewer mains and laterals for the reception and
collection of sewage from premises connected therewith, and shall
include all real and personal property and any interest therein,
rights, easements, and franchises of any nature whatsoever. relating
to any such system and necessary or convenient for the operation
thereof.
"System" shall mean any -water system or sewer' system,
including any reclaimed or irrigation water system, now owned and
operated or hereafter owned and operated by the Association, unless
the context otherwise requires.
"System development charges" means fees and charges imposed.
to acquire, construct, equip or expand the capacity of the system
facilities in excess of that reasonably determined by the
Association to be necessary to provide service to current users of
the system for the purpose of paying or reimbursing the equitable
share of the" capital cost relating to such acquisition,
2
UP.
- • OR _ C DC~GKic~9
~ d'1tCE~
BOOK 360 PAGEU1
construction, expansion or equipping of excess and unused capacity
of the system or expansion thereof- in order to serve new users of
the facilities of the system and new development within the Service
• Area.
"Water system" means and includes any plant, system, facility,
or property and additions, extensions and improvements thereto at
any future time constructed or.acquired as part thereof, useful or
necessary or having the present capacity for future use in
connection with the development of sources, treatment, or
purification and distribution of water for domestic or industrial
use and, without limiting the generality of the foregoing includes
dams, reservoirs, storage tanks, mains, lines, valves, pumping
stations, laterals, and pipes for-the purpose of carrying water to
the premises connected with such system and includes all.real and
personal property and any interests therein, rights, easements. an
franchises.of any nature whatsoever relating to any such system and
necessary or convenient for the operation thereof.
SECTION 1.02. CONSTRUCTION AND INTERPRETATION.
(A) The terms "herein," "hereunder," "hereby," "hereto,"
"hereof," and any similar terms, shall refer to this Ordinance; the
term "heretofore" shall mean before the date of adoption of this
Ordinance; and the term "hereafter" shall mean after the date of
adoption of this Ordinance.
(B)
Words
importing
one gender include every other gender.
(C)
Words
importing
the singular number include the plural
number, and vice versa.
3
• BU K360 UGE 1 2U . '344 SECTION 1.03. FINDINGS. It is hereby. ascertained, determined
and declared that:
(A) It is in the public interest to ensure that all lands
within the Service Area are adequately provided with high quality
fresh water service and high quality wastewater service.
(II) It is in the public interest to retain control over the
use of publib and County maintained rights of-way by providers of
central water and sewer service to ensure against interference with
the public convenience, to promote aesthetic considerations,, to
promote planned and efficient use of limited right of way space,
and to protect the public investment of right of way property..
(C) It is in the public interest to attract, encourage,
protect and nurture high-quality, efficient and cooperative
providers of water and sewer service and that this, can be
accomplished by protecting the capital investments of private
utility companies, associations or cooperatives providing service
to members or rate payers who solely own or control such companies,
associations or cooperatives.
r
(D) 'It is in the public interest to ensure that high quality
water and sewer service is maintained through a responsive
complaint procedure.
(E) The provision of central water and sewer services usually
takes the form of a natural monopoly which, if not regulated, would
have the power to operate without adequate regard for the public
interest.
4
~ )
BGK ~~UU PAG V f DGG~ 44 VICE 1~J J
GU
(F) The granting of the nonexclusive franchise described
herein promotes the decisive, cost efficient and environmentally
sound provision of water and sewer utility services to the Service
Area.
(G) The County is desirous of having available to its
citizens, visitors and landowners within the Service Area, in
return for valuable consideration, certain water and wastewater
facilities of sufficient size and capacity to serve the citizens,
visitors and landowners within the Service Area at reasonable
rates, and constructed in such a manner so that at such time as the
County desires to purchase or otherwise acquire said facilities,
that prospective purchasers of revenue bonds of the County to be
used to obtain the funds to make such purchase or acquisition can
be assured that the facilities are adequate and satisfactory and
will produce-revenues capable of retiring said r.evenue bonds.
(11) The Association has indicated to the county that it is
willing and desirous to undertake the installation and 'operation
of 1.5 MGD water treatment plant and appurtenant facilities to
serve the Service Area under a franchise from County.
(I) The Association currently controls and operates a .1 MGD
water treatment facility and owns and operates an extensive water
distribution system serving over 3,200 accounts in the Service
Area.
(J)
The Association
is a
not for
profit corporate
entity
owned and
operated solely
by its
members
for their benefit
and was
5
OR 3-0 PAGE l ~ K 3 44 PAGE
BL GK
• created in 1964 with the acquiescence of the City of Okeechobee and
the county to provide water service to the Service Area.
(K) The Association has, since 1965, entered into a series
of long term agreements with the City of Okeechobee wherein the
city of Okeechobee recognized and defined the Association's service
area and has been selling bulk water to the Association for the
Association's use in providing, water service to the service Area.
The current bulk commodity agreement was entered into in 1985,
terminates on October 1, 1994 and limits the amount of water to be
supplied to the Association to .75 MGD.
(L) As' early as June of 1991, after extensive negotiations
commencing as early as 1986 between the Association and the City
to increase the daily bulk water supply to the Association beyond
.75 MGD, were unfruitful, the Association notified the City that
it would develop its own treatment facilities and would no longer
seek to purchase bulk water from the.City after the current bulk
commodity agreement expires on October 1, 1994.
(M) The Association has diligently proceeded to test, acquire
and design a potable water well field, acquire a water'treatment
plant site, design a 1.5 MGD water treatment plant, seek and obtain
necessary approvals from the County, the Central Florida Regional
Planning Council, the Florida Department of Environmental
Regulation and the South Florida Water Management District.
(N) ' The provision of central sewer service to a parcel of
property by the same utility that provides central water service
promotes water conservation, efficiency of service and is the most
r
6
:r.AcE . ~~3
'10 PAGEP923 'oRati 4 1
fiCGK
cost effective alternative to provide wastewater services to the
Service Area.
(O) The Association has indicated to the County that it is
willing to seek transition agreements with the operators of
existing package water and sewage treatment plants and on-site
disposal facilities within the Service Area, develop a plan in
conjunction with the County tq provide a central sewer system to
all water customers served by the Association and, under certain
circumstances, implement such plan.
(P) The provision of such central sewer system by the
Association in the Service Area is in the overall best interest of
the health, welfare and safety of the citizens, visitors and
landowners of the county.
7
BR UK 3CO `PAGE 1 E'cM aCGK '344 f'hCE ;L 138
ARTICLE II
WATER AND SEWER SYSTEM FRANCHISE
SECTION 2.01. GRANT OF AUTHORITY.
(A) There is hereby granted to the Association, its
.successors and assigns, the non-exclusive right, privilege or
franchise, to construct, maintain and operate in, under, upon, over
and across the present and future streets, alleys, bridges,
easements, rights-of-way and other places owned by the County and
its successors, water lines, pipes, wellfields, pumps, water
treatment facilities and any and all other appurtenances necessary
thereto for the purpose of operating a water system and supplying
water within the Service Area to the County, its successors, and
the inhabitants thereof, and persons and corporations within and
beyond the limits of the Service Area.
(B) There is hereby granted. to the Association, its
successors and assigns, the non-exclusive right, pri•ilege or
franchise, to construct, maintain and operate in, under, upon, over
and across the present and future streets, alleys,-' bridges,
easements, rights-of-way and other places owned by the County and
its successors, wastewater collection and distribution lines,
pumping stations, lift stations, forcemains, manholes, wastewater
treatment facilities, reuse water facilities and any and all other
appurtenances necessary thereto for the purpose of operating a
sewer system and supplying sewer service or reuse water within the
Service Area to the County, its successors, and the inhabitants
a
r n',~ J OR
• , got '3 -
44 !`AGE11~9
'thereof, and persons and corporations within and beyond the limits
of the Service Area.
SECTION 2.02. WATER SYSTEM USERS. All occupants and
landowners within the Service Area are hereby granted the privilege
and right to receive from the Association the water services
described herein, subject to the terms and conditions described
herein; provided, however, that any request for Association water
services that requires the extension of water mains, shall be
subject to prior approval of the County. Said approval shall not
be unreasonably withheld.
SECTION 2.03. SEWER SYSTEM USERS. All occupants and
landowners within the Service Area are hereby granted the privilege
and right to receive from the Association the wastewater services
described herein, subject to the terms and conditions described
I
herein; provided, however, that any request for Association
wastewater services that require the-extension of sewer or reuse
water mains or the reconfiguration, installation or location of
treatment facilities, 'shall be subject to prior approval of the
County. Said approval shall not be unreasonably withheld.
SECTION 2.04. TERM OF FRANCHISE; ORDINANCE CONSTITUTES
FRA.NCIIISE AGREEMENT. This Ordinance shall take effect and be in
force from and after the final passage hereof, as required by law,
and upon filing an acceptance by the Association with the county,
in the form attached as Appendix A, within 7 days after the
adoption of this Ordinance. Such franchise shall continue in force
and effect fora term of 30 years, beginning with the date of such
9
GU l;K • ~4`t
BUK f''r1CE' ij
OR 3C0 WE C~
• acceptance. This Ordinance, upon acceptance by the Association as
provided herein, shall be construed as and constitute the Franchise
Agreement.
SECTION 2.05. FRANCHISE CONSIDERATION.
(A) To compensate the County for the cost of administration,
supervision and inspection rendered for the effective performance
of this Franchise Agreement and as fair and reasonable rental for
the use by the Association of the streets, alleys, bridges,
easements, rights-of-way and other places owned by the County, the
Association shall pay an annual fee to the County. Any amounts not
paid when due shall earn interest at the same rate provided in
Section 55.03, Florida Statutes. Within GO days after the first
anniversary date of this grant and within GO days after each
succeeding anniversary date thereafter, the Association, its
successors and assigns, shall pay to the County-and its successors
and assigns, an amount equal to, six percent (Go) of the
Association's gross revenues from the sale of water'; and the
provision of wastewater services to its customers within the,
geographic limits of Okeechobee County for the annual period
proceeding the applicable anniversary date.
(I3) Nothing herein shall be construed to be a limitation on
the assessment and collection of valid taxes, special assessments,
licenses, fees, charges or other impositions by the County or other
public or governmental body on or from the Association in excess
of such six percent (Go) amount.
10
K
firGOA au 1 .1
(C) The County shall* hold all monies collected under this
% section in a separate fund and only expend those funds, in the
manner and amounts solely determined by the County, to develop or
assist the Association in further developing water or sewer
systems, or both, in the Service Area.
SECTION 2.06. ASSIGNMENT. Before the Association shall sell,
transfer or assign its facilities and operations under this
franchise, written notice of at least 90 `days shall be given by the
Association to the County. The County shall have the right and
option after receiving said notice and within said 90 day period,
to elect to purchase or otherwise acquire the water system and
sewer system of the Association operated under this franchise, upon
the terms and conditions available to the County under Section 2.07
hereof. Said purchase by the County shall be consummated within
180 days of said notice, unless a different period of time shall
be agreed upon by both parties. If this option is not exercised
by the County and the perspective purchaser acquires the f licilities
and operations of the- Association, such purchaser shall agree to
be bound by the terms and conditions contained in this : Franchise
Agreement and shall provide the County sufficient evidence to
establish its capacity to do so before said sale to the purchaser
may be consummated.
SECTION 2.07. RIGHT TO PURCHASE ASSOCIATION FACILITIES.
(A) The county hereby reserves the right to terminate the
franchise granted herein and purchase or otherwise acquire the
water and sewer system of the Association operated under this
11
I Bar, Bccf1 Chr,E2
Franchise Agreement and such right of purchase is a condition
precedent to the taking effect of this grant to the Association.
The County's right of purchase under this section shall not be
exercised, unless otherwise consented to by the Association, for
a period of three years from the effective date of this ordinance,
or upon substantial completion of a water treatment facility,
whichever shall first occur. The Association shall be deemed to
have given and granted such right of purchase or acquisition by its
acceptance of this franchise, which shall be signified by filing
an acceptance by the Association with the County, in the form
attached as Appendix A, within 7 days of the adoption date of this
ordinance.
(B) In the event the County exercises its right to purchase
or otherwise acquire all or any part of the water. system or sewer
system of the Association, the purchase price shall be mutually
agreed upon. by the Association and the County, but in no event
shall the County be required to pay more than the amourit of any
outstanding indebtedness owed by the Association for revenue bonds
or other obligations issued by the Association to finance the
facilities or operations of its systems, if any, plus $100
additional consideration.
(C) In consideration of the Association's agreement to limit
the amount payable by the county to acquire the Association's water
or sewer systems in accordance with subsection (B) above, the
County or its successor in interest shall take title subject to a
covenant running with the land and systems so acquired which
12
~RGK 3CO PSG ~U~J UCUK •
requires the grantee, unless otherwise agreed to by the
i Association, (1) to operate any water or sewer system acquired from
or formerly operated by the City of Okeechobee on a self-
liquidating basis, i.e., to impose rates and charges for the
services provided by such systems that are sufficient to pay the
debt service, operating and maintenance expenses and all other
costs properly allocable to such systems and (2) to segregate any
system acquired from the Association from any system acquired from
or formerly operated by the City of Okeechobee. Additionally, any
future contract by which the County or its successor in interest
agrees to transfer title to the Association's water and sewer
system shall include a covenant. requiring the transferee to operate
any water or sewer system acquired from the City of Okeechobee on
a self-liquidating and segregated basis, as aforesaid, specifying
that the Association shall be a third-party beneficiary of such
covenant. This subsection (C) shall.not be construed to prohibit
any physical interconnect ion between the Association's water or
sewer system and any water or sewer system acquired from the city*
of Okeechobee to enhance either system's reliability for Health and
safety purposes on a temporary basis.
(D) Upon notice given to the Association under this section
that the County will exercise its right to purchase or otherwise
acquire the water system or sewer system Association's facilities
or operations, the Association shall suspend all activities
associated with debt financing unless otherwise agreed to by the
County, execute a warranty deed and bill of sale for all such
13
OR 360 PACE J11 GGGK~t'~t d'a1CE 11
-44
BCJ facilities and property, together with all-documentation necessary
to effect a transfer of all property and contract rights to the
County, its successors or assigns, give possession and control of
such systems to the County within 90 days and otherwise fully
cooperate in the orderly transfer of assets and operations to the
county. Upon receiving documents of title and the possession and
control of the equipment, facilities and operations of the
Association, the County shall then become responsible for all care,
maintenance and operation of such property.
(E) Nothing in this section shall limit the County's ability
to exercise its powers of eminent domain to otherwise acquire the
systems of the Association. 11owever, in the event the County does
acquire the
systems of
the Association
by eminent
domain, the
covenants in
this Section
shall be deemed
unenforceable
and severed
from this Franchise Agreement.
SECTION 2.00. CONSTRUCTION TIMETABLE.
(A) The Association has represented to the County that it has
tested, acquired and designed a potable water well field, acquired
a water treatment plant site, and is designing a 1.5 MGD water
treatment
plant to
serve the Service Area.
The'Association shall
continue
to seek
and obtain necessary
approvals, permits and
financing and
construct
a water
treatment
plant to
serve the
potable water
needs of the
Service
Area when
its current
commodity
agreement with the City of Okeechobee expires in October of 1994.
(B) No later than within one year after the Association's
water treatment plant is substantially. complete, the Association
14
FACE 1C~~ ~ DUCK . ►I'-8 .x(41
BUK KA
shall develop and submit a plan to the County to provide central
wastewater services to all water customers served by the
Association. The County and the Association shall actively..
participate in the development of the plan. To the extent of the
funds actually paid to the County under section 2.05 or to the
extent the South Florida Water Management District provides funding
for such activity to the County, the County shall reimburse the
Association or otherwise bear all costs of both the Association and
the County in developing such plan. In any event, the Association
shall have no obligation to implement the plan. The implementation
of such a plan by the Association shall be subject to assistance
from the local, state and federal governments in providing funding
and developing an affordable infrastructure delivery program.
(C) The County has entered into a cooperative funding
agreement with the South Florida Water Management District. The
potential for negative environmental effects as a result of the
proliferation of package treatment plants and septic systeYns within
close proximity to Lake Okeechobee was the driving force behind the
cooperative funding agreement and appropriations thereunder are
dependent upon future budget approvals. The County shall, subject
to the terms and intent of such cooperative agreement as amended,
assist the Association in fulfilling the Association's obligations
under the Franchise Agreement relative to planning and developing
central water and sewer systems in the Service Area.
SECTION 2.09. TERMINATION. Failure of the Association to
comply substan'ially with any material provisions of this Franchise
15
AA
• B UK FnE Vl ~,V ~l il e
Agreement shall be grounds for termination of this grant, but no
such termination shall take effect until expiration of 180 days
from the date of receipt by the Association of written notice of
such material non-compliance and the failure of the Association to
cure such material non-compliance during such 180 day period to the
satisfaction of the County. The County may in its discretion grant
additional time to the Association for compliance as required by
the circumstances of the case.
SECTION 2.10. BREACH. The Association recognizes that the
failure on the part of'the Association to comply with the terms of
this Franchise Agreement is likely to cause irreparable damage to
the County, and damages at law will be an inadequate remedy.
Therefore, the Association agrees that in the event of a breach or
threatened breach of any of the terms of this Franchise.Agreement
by the Association, the County shall be entitled to an injunction
restraining such breach or to a decree of specific performance, or
both, without showing or providing any actual damage, together with
recovery of reasonable attorneys fees and costs incurred in
obtaining said equitable relief until such time as a finaltand
binding determination is made by the court. The foregoing
equitable remedy shall be in addition to, and not in lieu of, all.
other remedies or rights which the county may otherwise have by
virtue of any breach of this Franchise Agreement by the
Association. The County shall be entitled to seek injunctive'
relief without the posting of any bond or security to obtain the
entry of temporary and permanent injunctions and an order of
16
OR 344 PnEI147
specific performance enforcing the provisions of this Franchise
Agreement.
i
17
OR
fic"
B(.GK3E0 mjE 183 4
ARTICLE III
OPERATIONS
SECTION 3.01. USE OF RIGHT-OF-WAYS.
(A) in-performing the work and providing the water system and
sewer systein services provided by this franchise, the Association
shall, at its expense and without reimbursement from the County,
locate or relocate its system facilities so as to interfere as
little as possible with traffic, over said streets, alleys,
bridges, easements, rights-of-way and public places owned by the
County and shall provide reasonable access to abutting public and
private property. All system facilities shall be located or
relocated under the County's supervision and with the County's
approval; however, the County shall not unreasonably interfere with
the proper operation of the water and sewer' system of the
Association.
(B) Any portion of a street or other public.way or facility
disturbed by the Association's excavations or operations shall
within a reasonable time and as early as practicable after
disturbance, be restored by the Association at its expense in as
good or better condition as it was and immediately prior to the
disturbance.
SECTION 3.02. CONSTRUCTION OR INSTALLATION OF FACILITIES.
The construction, maintenance and operation of water system and
sewer system facilities, both as to those portions located within
the Service Area and those portions located beyond the Service
is
OR CO PAGE I 0, 35
6 C,
Area, shall be subject to the prior approval of the county of the
plans and specifications for all such construction shall first be
approved by the County before construction is commenced. The
County, through its employees, officers or agents shall have the
right to inspect the system facilities of the Association at any
reasonable time.
SECTION'3.03. SYSTEM MAxNTENANCE.
(A) The Association shall maintain in good condition and
operate its water and sewer systems so as to render efficient
service to the County and its inhabitants, and the Association
shall comply.with the rules and regulations as are, or may be,
described under the terms of this Franchise Agreement, and those
set forth by the State and federal governments for the operation
of water and sewer systems.
(B) Whenever it is necessary to shut off or interrupt service
for the purpose of making repairs, adjustments or installations,.
the Association shall do so at times and under circumstances as
will cause the least amount of inconvenience to its customers.
(C) All water service shall be supplied through meters which
shall accurately measure the amount of water supplied to all
customers. The Association shall at any time requested by a
customer, make a test of the accuracy of any water meter. The
Association may impose a reasonable charge for such an accuracy
test.-
(D) The Association shall install and maintain at its own
expense all necessary fittings, pipes and appliances, including all
19
• BG~K 3M PAGE- 1836
DRGKN :1'1CE~,
meters and meter boxes to delivery water.to its customers. All
1•
said fittings, pipes, appliances, meters and meter boxes shall
remain the property of the Association and shall at all times be
accessible to it or under its control.
(E) No plumber, owner or other unauthorized person shall
install or disconnect or remove a meter provided under this
franchise without the consent of the Association.
SECTION 3.04. TRANSITION AND SERVICE AGREEMENTS.
(A) The Association shall identify all owners and operators
of package water and wastewater treatment plants, and on-site
disposal facilities within the Service Area and seek transition
agreements, in form acceptable to both the County and the
Association, which provide for the transition of these package or
on-site treatment facilities to service by water system and sewer
system facilities provided by the Association.
(B) The Association shall revise its water service agreement
procedures to require all landowners who have developdd or are
seeking to develop their lands in a manner that requires or will
require the development of a central sewer collection system to
covenant in writing (1) to dedicate all wastewater collection
facilities and easements to the Association, in conformance with
procedures adopted by the Association, or otherwise hold such
facilities and easements in trust for the benefit and use of the
users thereof, and (2) that, when and if the Association or 'its
successors or assigns provides wastewater treatment services, the
landowners shall abandon the use of any private or investor owned
20
4P CO PACE 1837
treatment facilities at the landowners" expense and become a
' customer of the Association's sewer system.
SECTION 3.05. CONTRIBUTIONS TO BENEFIT USERS. In the event
of the condemnation an investor owned water or sewer utility by
the County or the Association, or in the event of the condemnation
by the County of a system owned or operated by the Association, all
contributions in aid of construction, including those defined in.
Section 367.021(3), Florida statutes, received by such utility
subsequent to the effective date of this ordinance shall be deemed
held by the utility solely for the use and benefit of its customers
and such assets and contributions shall not constitute an
investment-. or equity or property interest of the utility in the
condemned assets in any evaluation method presented in such
condemnation proceedings. Such prospective consideration of the
investment reality of contributions in aid of construction in
condemnation proceedings is in the public interest to insure that
the rate payer-does not pay for the utility system twice, once
through their contributions and a second time through rates to
support the acquiring utilities' investment when a condemnation
award includes such contributions.
SECTION 3.06. RATES, FEES AND CILARGES.
(A) The Association shall from time to time, by resolution,
adopt a schedule of rates, fees or other charges for the use of the
water system and sewer system of the Association to be paid by the
owner, tenant or occupant of each parcel of land which may be
connected or provided with service by such system. The initial
21
BCOK C3 PAG838 OR of'; K
• schedule of rates, fees and other charges; shall be those already
t in effect within the boundaries of the Service Area as of the
effective date of this Franchise Agreement. The Association may
thereafter revise the schedule of rates, fees and charges from time
to time. However, such rates, fees and charges shall be adopted-
and revised so as
to provide monies,
which, with
other funds
available for such
purposes, shall be
sufficient at
all times to
pay the expenses
of operating and
maintaining
its systems,
including reserves for such systems and the principal and interest
on any revenue bonds or other obligations as the same shall become
due and the reserves therefore, and provide a reasonable margin of
safety over and above the total amount of such payments, to comply
fully with any covenants contained in any resolution authorizing
the issuance of bonds or other obligations of the Association or
assumed by the Association.
(B) Such rates, fees and charges shall be just and equitable
and uniform for the users in the same class and may be bhsed upon
or computed
upon any
factor or combination of
factors
affecting the
use of the
services
or facilities furnished,
as may
be determined
by the Association from time to time. No rates, fees or charges
shall be fixed, adopted or revised under the foregoing provisions
until a public. hearing in which all the users of the system
affected thereby, or'owners, tenants or occupants served or to be
served thereby., and all other interested persons shall have an
opportunity to be heard concerning the proposed rates, fees or
charges. Notice of such public hearing setting forth the proposed.
22
aGGK 3 ~ PACE1l53
03,14 schedule or schedule of rates, fees or charges, shall be sent to
the County and shall also be given by one publication in a
newspaper circulating in Okeechobee County at least 20 days before
the date fixed in such notice for the public hearing, which may be
adjourned from time to time. After such hearing, the proposed
schedule or schedules, either as initially adopted or as modified.
or amended, may be finally adopted.
(C) The rates, fees or charges adopted for any class of users
or properties served shall be extended. to cover any additional
users of properties thereafter served which shall fall within the
same class, without the necessity of any further }searing or notice.
(D) Except as expressly provided by law, no free water or
sewer services shall be rendered by the Association and no
discrimination shall exist in the fees, rates and charges for the
users of the same class.
SECTION 3.07. SYSTEM DEVELOPMENT CHARGES.
(A) The Association may levy and collect system deyelopment
charges for the water'system and the sewer system, or both, for
capital improvements and debt service on such capital improvements
as thereafter specified.
(B) Within the Service Area, under the following conditions,
the Association may levy and collect system development charges for
the water system and the sewer system, or both, for capital
improvements and debt service on such capital improvements as
hereinafter specified, within the Service Area, under all of the
following conditions:
23
- 0.3411 PbcM54
BOOK ~3 F~cE 18 40
(1) . Whenever a property owner or his authorized
representative connects an existing structure to a system or
portion thereof owned or operated by the Association;.
(2) Whenever a property owner or his authorized
representative applies for a building permit to alter an
existing structure previously connected to a water system or
sewer system owned or operated by the Association, where such
alteration increases the potential demand on the Association's
systems; and
(3) Whenever a property owner or his authorized
representative applies for a building permit to construct a
structure or alter a structure on property which according to
a plan adopted by the Association or the County is scheduled
in the future to be connected to a system owned or_operated
by the Association even though the property owner or his
representative may receive interim water or interim sewer
service from a source other than the Association. i
(C) If the structure on the property for which _a system
development charge has been paid is not authorized to connect to
the Association's systems within 10 years of the date of such
payment, the property owner holding legal title at the end of the
10-year period shall be eligible for a refund of the system
development charge without interest. The Association shall notify
the property owner of his eligibility for a refund by mailing
notice and an application for refund to the property owner. Such
notice shall be 'sent by certified or registered mail with return
24
: • 'iGK J44 --v ,1j:r,`5
BOOK PLACE1841 .
• receipt requested to the then owner of record as shown on the most
I .t recent ad valorem tax roll. Any property owner eligible for a
refund shall file written application with the Association for a
refund within 90 days of the date of mailing of the notice by the
Association or such property owner shall be deemed to have waived
any right to a refund, and the Association shall be entitled to
retain and apply the system development charge for capital water
and sewer improvements. Failure to construct the structure for
which a system development charge has been paid shall not
constitute grounds for a refund, nor shall delay or failure to
receive the mailed notice of eligibility for a refund toll the 90-
day time limit within which an application for refund must be
filed.
(D) All system development charges imposed for the water
system shall be segregated from all other funds held by the
Association and placed in a special.. fund. Except as otherwise
provided by the resolution authorizing the issuance of bonds or
other obligations of,the Association, monies from this fund shall'
not be transferred or used for any purpose other than capital.
improvements for raw water supplies, water treatment facilities,:'
water transmission mains, storage facilities, pumping facilities,
distribution lines, and related facilities required to provide new
connections by new customers and for payment of debt service on
public obligations issued to finance any such capital improvements.
capital improvements which are designed to benefit existing
25
QR
aRCK 3 C 0 Ftic,EIL442' 44 hcE l%
customers of the Association shall not be paid for with monies from
this fund.
(E) All system development charges imposed for the sewer
system shall be segregated from all other funds held by the
Association and placed into a special fund. Except as otherwise
provided by the resolution authorizing the issuance of bonds or
other obligations of the Association, monies from this fund shall
not be transferred or used for any purpose other than capital
improvements for sewage treatment and disposal facilities, sewage
transmission facilities, reclaimed water treatment facilities,
reclaimed water distribution facilities. and related -facilities
required to provide new connections by new customers and for.
payment- of debt service on public obligations issued to finance any
such capital improvements. capital improvements which are designed-
to benefit existing customers of the Association shall not be paid
for with monies from this fund.
(F) All system development charges shall be reviewecY at least
every three years by the Association to determine that the charges
are equitable and proportionate to the current estimate'of costs
for providing the capital improvements for which the charges are
imposed. The Association may change or revise the schedule of
system development charges upon compliance with the notice and
hearing requirements set forth for the adoption of rates, fees and
other charges.
(G) The Association, in its discretion, may permit the owners
of existing structures which connect to the Association's system
26
3CA KO Phu.- (A3 D GK 3 6,AcEI15 I
to pay system development charges on an installment basis with
interest over a period not to exceed 10 years. In the event that
system development charges shall not be paid as and when due, any
unpaid balance thereof and all interest accruing thereon may also
be a lien on any parcel of property affected thereby. In the event
that any such system development charge shall not be paid as and
when due and shall be delinquent for 30 days or more, the
Association may file a notice of lis pendens and the unpaid balance
thereof and all interest accrued thereon at the legal rate,
together with attorney's fees and costs, may be recovered by the
Association in a civil action, and any such lien and accrued
interest may be foreclosed or otherwise enforced by the Association
by action or suit in equity as for the foreclosure of a mortgage
on real property.
(H) System development charges may be pledged to-the payment
of bonds or other obligations of the Association, provided that the
Association has agreed in the resolution authorizing suc}x bonds or
other obligations that it maintain net revenues, together with
special assessment proceeds and other revenues derived by the
Association, exclusive of system development charges, equal to at
least 100 percent of the debt service on such bonds or obligations.
SECTION 3.08. REPORTING REQUIREMENT,, DOORS AND RECORDS.
(A) The county or its designee shall have the right to review
all records maintained by the Association on five days' written
notice. .
27
BGGK 3C l~ PAGEISA4 D,cx 34 E1158
(p) An annual audit of the Association's books and records
shall be prepared by an independent Florida certified public
accounting firm in accordance with generally accepted accounting
principles and shall be delivered to the County, at the
Association's expense, within 120 days of the twelve month period
ending the Association's fiscal year. Said audit shall include,
but not be limited to the following elements:
(1) balance sheet;
(2) statement of revenue and expenses segregated by type.
of services (water and wastewater); and areas served
(Okeechobee County or Glades County);
(3) statement of cash flows; and
(4) notes to financial statements.
The Association shall establish and maintain at its own expense
during the term of this franchise, a bookkeeping, accounting and
recordkeeping system to facilitate the preparation of said audit
and shall preserve for at least six years from the date fjrom their
preparation, full, complete, and accurate books, records, and
accounts that have been consistently applied in accordance with
generally accepted accounting principles..
SECTION 3.09. COMPLAINTS.
(A) All service complaints shall be directed to the
Association.- The County shall notify the Association of any
complaint communicated to the County. All complaints received by
the Association shall be immediately recorded in the complaint log
maintained by the Association. Complaints shall be resolved within
28
~+r~ q A4 3
ORGY 3CO PAGEIS5 • ~K 44 PME1159
24 hours after being received by the Association. When a complaint
is received after 12:00 noon on a Friday or the day preceding a
holiday, it shall be resolved by the Association no later than the
next regular working day.
(B) The Association shall supply the county on a periodic
basis, no less often than monthly, a typed statement of all oral'
or written complaints (including copies of written complaints
received) on a complaint form or other written format approved by
the County,
from any source and
whether
or not received and
forwarded to
the Association by the
County.
Such statement shall
be in a format
indicating the date and hour of inquiry
or complaint
received, the
nature of the
complaint received
and a full
explanation of
the disposition
of the complaint. The
Association
shall establish procedures acceptable to the County to ensure that
all customers are notified as to complaint procedures, rules and
regulations; rates and fees charged or imposed by the Association.
The County may from time to time contact customers; directly
regarding the quality'of service and the disposition of complaints.
SECTION 3.10. PERFORMANCE MONITORING.
(A) In order to fully implement the provisions of this
Franchise Agreement, a panel for the review of the quality of
services provided shall be created to consist of three members, one
member representing the Association, one member representing the
County, and a third independent member chosen by the previously
named two members. It shall be the function of this committee to
review, report and make recommendations to the County and the
29
BGGK
Association, not less often than annually', regarding the quality
of services provided for herein. For the.purpose of this function,
"service" shall be defined as the performance of the duties, tasks
and obligations of the Association enumerated in this Franchise
Agreement performance of such other duties, tasks and obligations
'as are generally and reasonably regarded as.incident to the safe
and satisfactory discharge og responsibilities in the water or
wastewater utility industry.
SECTION 3.11. MANDATORY USE OF ASSOCIATION FACILITIES AND
SERVICES. All lands, buildings, premises, persons, firms and
corporations or other users within the Service Area, shall use the
water and sewer facilities of the Association, or any other service
provider authorized by the County, when and .where ever such
services and facilities become available; and for such purposes,
the Association shall be entitled to seek injunctive relief, either
mandatory or prohibitory, to enforce the use of Association
facilities or services.
SECTION 3.12. PLANNING REQUIREMENTS.
(A) Within three years after the effective date of the
Franchise Agreement, the Association shall adopt a master plan
which identifies current customers, projects and future customers;
profiles customers (residential, commercial, industrial); reviews
and generally inventories all existing infrastructure and treatment
facilities within the Service Area; identifies a capital
improvement program for the Association; reviews all current
permits and compares existing regulations to projected regulations;
30
P ~ CE-
nr_c ~ re
BM 3C0 Put- ~ 47
identifies and evaluates potential acquisitions or service
expansions; evaluates Association staffing; provides for detailed
mapping of system facilities; provides for hydraulic analysis of
system facilities, both existing and proposed; evaluates present.
and future sources of raw water and the treatment requirements for
those sources in terms of capacity, reliability and economy;
provides for an analysis of all available wastewater alternatives,
including surface water discharge, wetlands discharge, percolation
facilities, spray irrigation and deep well injection; identifies
reclaimed water storage alternatives and wetweather back-up
alternatives; and identifies current and potential high volume
users of reclaimed water. Thereafter, the Association shall
review, and if necessary amend the master plan periodically, but
not less often than every three years.
(B) Treatment facility construction or expansion or line
extension policies adopted by the Association shall be in
furtherance of land development regulations adopted by the County.
(C) The construction or expansion of any portion of the
Association's systems, or major alterations which affect the
quantity or quality of the level of service of the Association's
systems, which is undertaken or initiated by the Association shall
be consistent with the applicable local government comprehensive
plan of the County adopted pursuant to Chapter 163, Part II,
Florida Statutes; provided, however, that this obligation shall not
be construed to allow a local government comprehensive plan to
require the Association to construct, expand, or perform a major
31
4k 4< DC GK 3 0 nccE 11 G 2
RAW Fu 1 L S
alteration of any public facility which would result in the
V
impairment of covenants and agreements relating to bonds or other
obligations, issued or assumed by the Association.
(D) When the County has issued a development order which
approves the construction of public facilities or has issued a
development order pursuant to chapter 380, the County shall not use
the requirements of this section to limit or modify the rights of
the Association to approve, construct, modify, operate, or maintain
public facilities authorized by the development order.
(E) The Association shall take no action which is
inconsistent with applicable comprehensive plans, land development
ordinances, or regulations adopted by the County.
SECTION 3.13. COMPLIANCE WITH OTHER LAWS, ORDINANCES AND
REGULATIONS.
(A) This franchise does not and shall not be construed to
relieve the-Association from any obligation to address any permit,
condition, term, approval or restriction and shall not relieve the
Association or its successors, of the obligation to comply with any
law, ordinance, rule or regulation governing said permitting
requirements, conditions, approvals or restrictions.
(B) All extensions of water and sewer system facilities and
service shall be subject to the approval of the County and said
approval will not be granted if such grant would be inconsistent
with the County's comprehensive land use plan or zoning ordinance.
(C) Nothing in this. ordinance shall be construed as a
r ,
surrender by the County of its right or power to pass ordinances
32
OR t
DGGK PAGE
3E 1(;~ cRIPJ44 PAcE1163
'regulating the use of its streets, sidewalks, alleys, rights-of-
way and easements. The Association shall abide by all such
ordinances relative to its activities.
(D) This Franchise Agreement is not and shall not be
construed as a development agreement pursuant to the Florida Local
Government Development Agreement Act, Sections 163.3220-163.3243,
Florida Statutes.
i
33
066K RCE1 j~ aacK 3 ~ ar f
ARTICLE IV
GENERAL
SECTION 4.01. INDEMNIFICATION. The County shall in no way
be liable or responsible for any accident or damage that may occur
in the construction, operation and maintenance by the Association
of the water or sewer systems hereunder, and the acceptance of this
ordinance shall be deemed the agreement on the part of the
Association to defend, fully protect, indemnify and hold harmless
the County from and against each and every claim, demand or cause
of action in any and all liability, costs, expense (including but
limited to reasonable attorneys' fees, costs and expenses incurred
in the defense of the County, even if incident to appellate, post
judgment or bankruptcy proceedings), damage or loss in connection
therewith which may be made or asserted by the Association, the
Association's employees or agents, or,.any third parties (including
but not limited to the County) on account of personal injury,
death, damage or property damage caused by, or arising out of in
any way incidental to or in connection with its performance
hereunder. At the election of the County, the Association shall
contest or defend the County against any such claims of liability
against
the County.
The County
shall in any event, have the right,
through
counsel of
its choice,
to control the defense or response
to any such claim to the extent it could affect the County
financially, this indemnification shall also include any claim or
liability arising from or in any way related to actual or
34
~a i ~r,~f rticr: I G 5
BUCK
threatened damage to the environment, including agency cost by
investigation, personal injury or death, or damaged property. Only
those matters which are determined by a final, nonappealable
judgment to be the result of the negligence of the County shall be
excluded from the Contractor's duty to indemnify the County, but
only to the •extent of the negligence of the County. For the
purpose of this section', the. term "County" shall be deemed to
include the County Board of Commissioners and its agents, employees
and affiliates. For purposes of this indemnification, "claims"
shall mean and include all obligations, actual and consequential
damages and costs reasonably incurred in the defense of any claim
against the County, including, but not limited to reasonable
accountants', attorneys' and expert witness fees and costs of
investigation and proof of facts, court costs, other litigation
expenses, and travel and.living expenses. The County shall have
the right to defend such claim against it in any such manner as the
County deems appropriate or desirable in its sole discretion. The
indemnity shall continue in full force and effect subsequent to and
not withstanding the expiration or termination of the 'franchise
granted herein.
SECTION 4.02. CILANGE OF LAW. Changes in law in the future,
including, but not limited, legislative, judicial or administrative
changes, which mandate certain actions or programs for local
governments or water and sewer utility providers may require
changes or modifications in some of the terms or conditions or
obligations under the franchise granted herein. Nothing contained
35
BOOK 3E3 PAOE1852 •
in this Franchise Agreement shall require any party to perform any
act or function contrary to law.
SECTION 4.03. A11ENDMENTS AND WAIVERS. No amendment,
supplement, modification or waiver of the Franchise Agreement
granted herein
shall be binding
unless executed
in writing by the
County and the
Association. No
waiver of any of
the provisions of
this Ordinance
shall be deemed
or constitute
a waiver of other
provisions of this Ordinance, whether or not similar, unless
otherwise expressly provided. Each such amendment,. supplement,
modification or waiver of this Ordinance shall be filed with the
Clerk of the Circuit Court of Okeechobee County.
SECTION 4.04. SEVER ABILITY. The provisions of this Ordinance
are severable. If any section, subsection, sentence, clause or
provision is held invalid by any court of competent jurisdiction,
the remaining provisions..of this Ordinance shall not be affected
thereby; except that if the County finds the invalidated portion
to be an essential part of this franchise the County may declare
this franchise terminated.
SECTION 4.05. ALTERNATIVE METHOD. This Ordinance•shall be
deemed to provide an additional and alternative method for the
doing of the things authorized hereby and shall be regarded as
supplemental and additional to powers conferred by other laws, and
shall not be
regarded as in
derogation of
any powers now existing
or which may
hereafter come
into existence.
This Ordinance, being
necessary for the welfare of the inhabitants of the County, shall
be liberally construed to effect the purposes hereof.
36
UH ~ryry '
r Bou :3 VACE +1.` CJ !l
,J PAGE1853
C-0
• DOGK
SECTION 4.OG. EFFECTIVE DATE. This Qrdinance shall not take
effect unless the Association files an acceptance with the Clerk
of the Board of County commissioners, in the form attached as
1
Appendix A, within seven (7) days of enactment by the Board and,
in such an event, a certified copy of this ordinance shall be filed
with the Department of State by the Clerk of the Board of County
commissioners within ten (10) days of enactment by the Board and
shall take effect upon receipt of official acknowledgement of
filing as provided in Section 125.6,6(2), Florida Statutes.
DULY ENACTED, by the Okeechobee County commissioners this _
17 6
f2L_7 day of April, 1993. '
BOARD OF COUNTY 'COMMISSIONERS. •
OKEECIIOBEE COUN~X-I, FLORIDA
(SEAL) .
"iC ha irman" ~ATTEST:' ;
r
37
tlGGK jilq 41.1bb
APPENDIX A
FORM OF ACCEPTANCE
i
• • • OR F r QGGt~ 4 mE
Roo 3C~ FAG ~F~S~ ~ ~
ACCEPTANCE
td.
This Acceptance is made and entered into this-1 G day of
L , 1993, by the Okeechobee Beach Water Association, Inc.,
a Florida corporation (hereinafter the "Association"),' after
complying with the requirements of Section 617.1202, Florida
Statutes, and is hereby delivered to the Board of County
Commissioners of Okeechobee County, Florida, as the governing body
of Okeechobee County (hereinafter the "County").
WIIEREAS, • this Acceptance shall be an appendix to the ordinance
granting a franchise to the association and its successors and
assigns to operate and maintain water and sewer systems within a
portion of the unincorporated area- of Okeechobee County
(hereinafter the "Ordinance").
W I T N E S S E T Ii:
That the Association for and in consideration of the sum of
ten dollars ($10) and other valuable consideration paid by the
County, receipt of which is hereby acknowledged, hereby conveys,
grants, bargains and sells unto the County, its successors and
assigns, the right to acquire the systems, facilities and
operations of the Association on the terms and conditions contained
in the ordinance. Said ordinance (adopted as Okeechobee County
Ordinance No. 93-is incorporated herein by reference:
Further, that the Association by its execution of this
Acceptance hereby agrees, for itself and its successors and
assigns, to accept all of the rights and privileges granted by the
ordinance and be.bound by all the obligations thereunder 5%s a non-
exclusive franchisee of..the County.
This Acceptance shall become effective upon enactment of the
ordinance by the County and shall run with the land and property
of the Association, its successors and assigns.
IN WITNESS WHEREOF, the Association has caused these presents
to executed the date and year first above written.
Witness
witness
OKEECIIOBEE BEACH ASSOCIATION
WATER, INC., a Florida
corpora •on
Y
President
A-1
pR t~ , .
RuK X"O1 PA(;r 5j
STATE OF FLORIDA
COUNTY OF OKEECHOBEE
•
nca~
Theforegoing Acceptance was acknowledged before me by LEZ-4-rfD
who is personally known to me, as President of
the Okeechobee Beach Water Association, Inc., a Florida
corporation, on behalf of the corporation.
WITNESS my hand and official Seal this day of ,
1993.
Xj,,gnt,),e of Notary Pu lic
" B. CONNER
MY COMMISSION / CC 282009
F EXPIRES: hbn*y 2A,1997
q kn,.%dnmWtnNbftUn,%mTttert Name of Notary Public typed, printed
or stamped
my commission Expires:
I hereby certify that this Acceptance was duly filed with the
Clerk to.the Board of County Commissioners of Okeechobee County,
Florida,•pursuant to the terms of Okeechobee County ordinance No.
93- , on this . day of 1 'Pxli / 1993 .
(SEAL)
ATTEST:
t2~
lerk".' .t; '
A-2
~OR •
BOCK 3CJ PAGFl 5 / BOOK 344 PACE1171
APPEEDIX D
SERVICE AREA
. QCuK 34O PnElL58 DUCK 4 fNG-E11 '7-2,
SERVICE AREA
Beginning at the Township line between '07S and 'I38S on the Martin County line proceed
west along the north section line of sections 1, 2 and 3 in T38S to the West corner of
Section 3 thence north along the east section line of section 33, T37S to the northeast corner
of section 33 thence west along the north section line of section 33 and 32 to the half
section line of section 32, 29 thence north on the lialf section line of section 29 to the east
west section line between sections 29 and 20 thence west along this section line along the
north side of sections 29, 30 T37S, R36E and section 25 and section 26, 137S, R35E- to [lie
west section line of section 26 then south along the west section line of section 26 to its
southwest corner thence west along the north section line of section 34 to the northwest
corner of section 34 thence south along the west section line of section 34 to the north 1/4
section line, thence west on the north 1/4 section line to the half section line of section 33
thence south on the lialf section line to the east west 1/2 section line to the north south
section line between sections 33 and 32 thence south to the south west corner of section 33
thence west along the south section line of section 32 to the southwest corner of section 32
thence south to the east west half section line of section 5, 'I38S, R35E thence west to the
Township Range line between R35E and R34E thence south to the north 1/4 section line
of section 1 thence west on the south section line of section 1 to the Hoover Dyke Road,
thence southeast along the Hoover Dyke Road to Lake Okeechobee, thence northeast and
south along Lake Okeechobee shore line to the Martin County line, thence north along the
Marlin County line to the point of beginning.
LESS AND EXCEPT those lands lying 100 feet on each side of U.S. Highway 441 from the
Ok,eechobee City limits south to the iptersection of State Road 78 and []lose parcels along
U.S. I lighway 441 being served by the City of Okeechobee as of the effective date of this
Ordinance.
ALSO LESS AND EXCEPT the following subdivisions: Ousley Estates, recorded in Plat
Book 5, Pages 36 and 37, and Palm Village Ranch, recorded in Plat Book C, pages 34 and
35, Public Records of Okcechobee County, Florida.
I`f•
BGOK 3CJ P rluc'59
4 r~cE ~ j 73
I3E IT KNOWN, that at a special meeting of the Board of Directors of Okeechobee Beach
Water Association, Inc. ("the Association") held on April 26, 1993, a quorum being present,
it was resolved by Boar of Directors, upon majority vote of directors present:
RESOLVED, that Okeechobee Beach Water Association, Inc. shall enter into a
franchise agreement with Okeechobee County in the form attached hereto.
IT IS FURTHER RESOLVED, that the franchise agreement with Okeechobee
County, sliall executed by the Presideut and Secretary of the Association.
Dated this clay of April, 1993
OKEECIIOBB B ~ACII j TE - SSOCIATION,
By
LELAND P.EAItC.E, 1'1tE UM T
ATF ST:
c
` Verna Gabric, Secretary
dd\m isc\cci rresp\obwa-bdd. res
GRCK 3 ~ l~U UoCK ~ ~ TACE1174
PA~~. •
RESOLUTION Or THE MEMBERSUIP Or
OKEECHOBEE BEACH WATER ASSOCIATIORINC.
APPROVING A WKFER AND SEWER FRANCHISE AGREEMENT
WITH OKEECHOBEE COUNTY WHICH INCLUDES A PROVISION
rn12 'I'MP CAI F 17,0P 'PT-lP CAI F- CSR At 1. A.q.q PR
BE IT KNOWN, that at a special meetilig of the members of Okeechobee Beach Water
Association, Inc. ("the Association") held on April 26, 1993, after proper notice, a cluorum
being present, it was resolved by membership, upon majority vote of members prescut:
RESOLVED,' that the membership of Okeechobee Beach Water Association, Inc.
approves the Association entering into a franchise agreement with Okeechobee
County which will contain a provision allowing Okeechobee Couuty to purchase all
of the assets of the Associatiou at some thne in the future.
IT IS FURTHER RESOLVED, that the Board of Directors of the Association sliall
take the necessary steps to finalize a franchise agreement with Okeechobee County,
which agreementis to be executed by the President and Secretary of the Association.
Dated this day of April, 1993
OKEECHOBEE, BEACH WATER ASSOCIATION,
ff ~ ~
By.
~v LELAND PEARCE, PRESIDENT
ATITI;ST: , N
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Erna (ia rie , Secretary o
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B OX 3tr J :P GF t7.~
AGREEMENT TO REIMBURSE OKEECHOBEE COUNTY
This Agreement is made and entered into as of February ,
1993, by and among Okeechobee County, a political subdivision of
the State of Florida (the "County"), and Okeechobee Beach Water
Association, Inc., a Florida corporation (the "OBWA").
Now, therefore, in consideration of the mutual promises,
covenants, representations and agreements contained herein,
together with ten dollars ($10) and other good and valuable
consideration exchanged amongst the parties, the parties to this
Agreement do undertake, promise and agree for themselves and their
successors as follows:
ARTICLE I
SECTION 1.01. FINDINGS, RECITALS AND ACKNOWLEDGEMENTS. It
is hereby ascertained, determined and declared by the parties that:
(A) The County and OBWA are desirous of exploring
alternatives which may allow for the economic and expedited
provision of water and sewer utility service to portions of the
unincorporated area of Southern Okeechobee County through
cooperation between private utility companies and local government;
(B) OBWA is willing to provide funding to the County to
develop a utility franchise through cooperation with local
government; provided that such analysis focuses primarily on the
OBWA service area in substantially the same scope and format as
identified in that certain letter from Nabors, Giblin & Nickerson,
P.A., dated February 9, 1993, said letter is attached hereto as
Exhibit A and incorporated herein by reference;
B GK CO Pci l u' e 2
r
c.
on,
c:c,klii1..Y, in ot:dei° to c::lI 0 ousl y cluvoloh rind coiis idcr.
franchise documentation.
t,ECTIOI1 1.02. 11101?1.'(.!1 \TIOV- l.indi.nys, reciLa Is ZIIId
acknowledgements contained herein are true, correct and
incorporated in this Agreement.
ARTICLE II
SECTION 2.01. PURPOSE AND SCOPE. The purpose of this
Agreement is for the County and OBWA to establish and agree upon
a method to reimburse the County for a portion of the expenditures
related to professional services provided to the County by Nabors,
Giblin & Nickerson, P.A. in connection with the development of
certain.utility franchise documentation. The scope of work and
anticipated costs for this engagement are contained in Exhibit A.
SECTION 2.02. CONSTRUCTION.
(A) This Agreement does not and shall not be construed to
relieve OBWA from any obligation to address any permit, condition,
term, approval or restriction and shall not relieve OBWA or its
successors, of the obligation to comply with any law, ordinance,
2
I .
B6 360 PAGE1863
rule or regulation governing said permitting requirements,
conditions, terms, approvals, or restrictions.
(B) This Agreement is not and shall not be construed as a
development agreement pursuant to the Florida Local Government
Development Agreement Act, Sections 163.3220 - 163.3243, Florida
Statutes.
ARTICLE III
SECTION 3.01. REIMBURSEMENT TO COUNTY.
(A) OBWA agrees to reimburse the County, on demand, in a
total amount not to exceed $15,000 for professional services
necessary to develop the subject franchise documentation. OBWA
agrees to also reimburse the County for documented expenses
incurred in this endeavor in an amount not to exceed $1,000. OBWA
agrees to immediately deposit with the County a sum of $5,000 in
order to partially fund its obligation to assure that the County
has the funds to engage and pay for the services provided by
Nabors, Giblin & Nickerson, P.A. as special counsel to assist the
County in developing the subject franchise documentation.
(B) OBWA understands, acknowledges and agrees that it shall
have no control whatsoever over the expenditure of any funds
advanced or paid to the County for the subject professional
services and that Nabors, Giblin & Nickerson, P.A., will receive
direction and instruction from the County and not OBWA. Upon the
completion of the tasks identified in Exhibit A as contemplated
herein, any of the funds advanced to the County by OBWA and not
expended by the County shall be promptly returned to OBWA.
3
0 BOOK X PacE 1 f~ 4
IN WITNESS WHEREOF, the County and OBWA have executed this
Agreement as of the date first above written.
ATTEST:
OR CHOBEE OUN , FLORIDA
1 By:
Clerk Acting oun y Administrator
WITNESSES:
1
G'
lJt'*o., till
OKEECHOBEE BEACH WATER
ASSOCIATION, INC.,
a Florida Corporation
Y:
President
7
4
BOOK 360 Pv I , 65
EXHIBIT A
0
NABORS, GIBUN & NICKERSON, P. A.
. ATTORNEYS AT LAW
BARNETT BANK BUILDING. SUITE BOO
315 SOUTH CALHOUN STREET
TALLAHASSEE. FLORIDA 32301
SARAH M. OLEAKLEY
MAUREEN -.CART11Y DAUGHTON
THOMAS H. DU«Y
L. THOMAS GIBLIN
MARK G. LAWSON
STEVEN C. MILLER
MARK T. MUSTIAN
ROBERT L. NABORS
GEORGE 1-4. NICKERSON. JR.
GREGORY T. STEWART
JOHN R. STOKES
TELEPHONE (904) 224.4070
TELECOPY (904) 224-4073
February 9, 1993
VIA FACSIMILE TRANSMISSION
David J. Rivera, Finance Director
and Acting County Administrator
Okeechobee County
304 Northwest 2nd Street, Suite 106
'd 34972
Boa 360 PACE I U EE
THE POINTE. SUITE 1060
2502 ROCKY POINT DRIVE
TAMPA, I-LORIOA 33607
(813) 201-2222
TELECOPY (013) 281-0129
Okeechobee, Flori a
Re: Okeechobee Beach Water Association, Inc. (OBWA)
Dear David:
Over the last week or so, I have been contacted by interested
individuals concerning the provision of water and sewer service in
the areas nou7, served by OBWA. Specifically, the OBWA general
counsel, Burton C. Conner, has indicated that OBWA is interested
in entering into a franchise agreement with Okeechobee County
relating to the present water service and future wastewater service
in these unincorporated areas. I have, as a courtesy to Mr. Conner
and others who have contacted me, in general terms advised all
parties that Nabors, Giblin & Nickerson, P.A. (the "Firm") from
time to time acts as special counsel for Okeechobee County and that
any involvement that we might have in this matter would be on
behalf of Okeechobee County. To this end, Mr. Conner arranged for
a conference call with John Cassels and me last week to briefly
discuss this matter.
I have now received correspondence from Mr. Conner indicating
that he has spoken further with the County Attorney. Mr. Conner's
correspondence indicates that the OBWA Board of Directors intends
to ask the County to (a) consider entering into a franchise
agreement with OBWA, (b) authorize you to engage the Firm in this
regard and (c) consent to reimbursement of Okeechobee County by
OBWA for any costs for the Firm to prepare the necessary
documentation to grant a franchise. With this in mind, Mr. Conner
has requested a brief scope of work summary and a range of fees so
that OBWA can have an idea of the extent of their reimbursement
commitment to the County.
.
David J. Rivera, Finance Director
and Acting County Administrator
February 9, 1993
Page 3
OR- , M Pni l u" 67
of $5,000 and the hours incurred by the Firm at the following
rates:
i.
Hourly Rates of the Firm
Firm Principals: $150
Firm Associates: $125
Firm Legal Clerks: $ 50
In addition to the above fees for professional services, expenses
incurred such as travel, long distance telephone calls, copier,
and other direct costs would be billed at the actual costs
incurred. We estimate that the legal fees, including our
engagement fee, relating to the development of the ordinance and
the franchise agreement will be between $10,000 and $15,000. We
will provide a monthly bill detailing our fees and costs and will
not exceed our fee estimate without your authorization.
The ordinance and accompanying franchise agreement would be
drafted simultaneously and it would be our expectation that the
initial draft of each would be circulated to County and OBWA
officials early on in March (approximately 30 days after we are
asked to proceed).
We also-believe that it would be appropriate and, from the
County's perspective, desirable that the OBWA be required to
deposit or place in escrow in advance of our engagement the amount
of estimated professional fees in this matter. The Firm has
implemented several projects utilizing this approach and would be
pleased to provide you with a simple agreement to effectuate such
an approach, if you desire.
sincerely,
Mark G. Lawson
MGL/sbl
•
cc: Board of County Commissioners
John D. Cassels, Jr.
Burton C. Conner
BQUK 3CD P~Ii;E ~ B0
David J. Rivera, Finance Director
and Acting County Administrator
February 9, 1993
Page 2 f.
On very short notice, we have drafted a brief and somewhat
general scope of work and estimate of fees for your review.
De7elopment of Franchise Ordinance and Standard
Franchise Agreement for the provision of Water
and Sewer Services by Private Companies in the
Unincorporated Portion of Okeechobee county
Scope of Services:
1. Analyze Okeechobee County's authority to grant water and
wastewater franchises.
2. Review portions of the County Comprehensive Plan as it
relates to the provision of wastewater and water services; review
existing administrative litigation concerning comprehensive plan
challenge; confer with County officials and the County Attorney.
3. Review, with the assistance of County staff, private and
public water and wastewater service providers within the
unincorporated area to determine those providers which should be
exempt from egulation and those providers which should be required
to obtain franchises from the County.
4. Develop, for consideration by the County commission, an
ordinance authorizing the grant of water and wastewater franchises
to private companies within the unincorporated area of the County.
5. Confer with OBWA counsel, County and OBWA officials,
County Attorney and other interested parties to identify the terms
and conditions upon which franchises should be granted.
6. Prepare for consideration by the County Commission a
franchise agreement that meets the requirements of the draft
ordinance and identifies terms and conditions for current water
service and potential future wastewater service within the OBWA
area. `
7. Appear and present draft ordinance and franchise
agreement to the Board of County Commissioners.
It is difficult to accurately estimate the time required to
complete a project of this sort, particularly under what appears
to be a very short time frame. Therefore, our legal fees relating
to the above scope of services will be based upon an engagement fee
LXHIBIT "E"
0
BOOK, W0 ME~B69
ORDINANCE NO. 93 - 4
AN ORDINANCE GRANTING A NON-EXCLUSIVE
FRANCHISE TO OK.EECHOBEE BEACH WATER
ASSOCIA'T'ION, INC., ITS SUCCESSORS AND ASSIGNS, TO
OPERA'T'E AND MAINTAIN A WATER SYSTEM IN A
I'OR'T'TON OFTILE UNINCORPORATED AREA OF GLADES
COUNTY; IMPOSING, PROVISIONS AND CONDI'T'IONS
RE,LA'TiNG TIIERETO, PROVIDING FOR SCVCRABILITY;
AND PROVIDING FOR AN EFFECTIVE DATE.
NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY
COMMISSIONERS, GLADES COUNTY, FLORIDA:
ARTICLE I
IN'T'RODUCTION
SECTION 1.01. DEFINITIONS. As used in this Ordinance, the following
words and terms shall have the following meanings, unless the context clearly otherwise
rcclttires:
"Associntimi" means the Okeechobee Beach Water Association, Inc., a Florida
rniporation, its successors and assigns.
"County" means Glades County, Florida.
"Franchise Agreement" means the agreement between the County and the
Association as provided in this Ordinance and accepted by the Association pursuant to its
tennis, as amended by the parties.
"NIGD" is an abbreviation for "million gallons per day."
"Service Area" means file lands described in Appendix B attached hereto.
"System" shall ntcait any water system, including any reclaimed or irrigation water
system, now moiled and operated or liereafter owned and operated by the Association,
unless the context otherwise requires.
"System development charges" means fees and charges imposed to acquire,
construct, equip or expand the capacity of the system facilities in excess of that reasonably
determined by the Association to be ttecessaty to provide service to current users of the
system for the purpose of paying or reimbursing the equitable share of the capital cost
relating to such acquisition, construction, expansion or equipping of excess and unused
capacity of the system or expansion thereof in order to serve new uses of the facilities of
the system and new development within the Service Area.
I
t
• OR r..
Boa 360 PuF M i Q
"Water system" means and includes any plant, system, facility, or property and
additions, extensions and improvements thereto at any future time constructed or acquired
as part thereof, useful or necessary or having the present capacity for future use in
connection with the development of sources, treatment, or purification and distribution of
waler for domestic or industrial use and, without limiting the generality of the foregoing
includes clams, reservoirs, storage tanks, mains, lines, valves, pumping stations, laterals, and
pipes for the purpose of carrying water to the premises connected with such system and
includes all real anal personal property and any interests therein, rights, easements and
franchises of any nature whatsoever relating to any such system and necessary or
convenient for the operation thereof.
SECHON 1.02. CONSTRUC'T'ION AND INTERPRETATION.
(A) The terms "herein", "hereunder", "hereby", "hereto", "hereof' and any sirnilar
lerms, shall refer to this Ordinance; the terns "heretofore" shall mean before the date of
adoption of this Ordinance; and the term "hereafter" shall mean after the date of adoption
of this Ordinance.
vctsa.
(13) Words importing one gender include every other gender.
(C:') NVords importing the singular number include the plural number, and vice
SIF,C HON 1.03. FINDINGS. It is liereby ascertained, determined and declared
111,11:
(A) It is in the public interest to ensure that all lands within the Service Area are
adequately provided with high duality fresh water service.
(f3) It is in the public interest to retain control over the use of public and County
maintained rights of way by providers of central water service to ensure against
interference with the public convenience, to promote aesthetic considerations, to promote
planned and efficient use of limited right of way space, and to protect the public
investment of right of way properly.
(C) It is in the public interest to attract, encourage, protect and nurture high-
cluality, efficient and cooperative providers of water service and that this can be
accomplished by protecting the capital investments of private utility companie8, associations
car cooperatives providing service to members or rate payers who solely own or control
such companies, associations or cooperatives.
2
Boon 3Q PUE1871
(1)) It is in 1he public interest to ensure that high quality water service is
maintained through a responsive complaint procedure.
(i;) The provision of central water services usually takes the form of a natural
n►e,nopoly which, if not regulated, would have the power to operate without adequate
regard for the public: interest.
(F) The granting of the nonexclusive franchise described herein promotes the
(iccisive, cost efficient and environmentally sound provision of water utility services to the
Service Area.
(G) The County is desirous of having available to its citizens, visitors and
landowners within the Service Area, in return for valuable consideration, certain water
facilities of sufficient size and capacity to serve the citizens, visitors and landowners within
the Service Area at reasonable rates.
(11) The Association currently controls and operates a .1 MGll water treatment
facility and owns and operates an extensive water distribution system serving over 1000
accounts in the Service Area.
(1) The Association is a not-for-profit corporate entity owned and operated
solely by its members for their benefit and was created in 1964 with the acquiescence of
the County to provide water service to the Service Area.
(1) The Association has, since 1965, entered into a series of long term
agreements with the City of Okeechobee wherein the City of Okeechobee recognized and
defined the Association's service area and has been selling bulk water to the Association
for the Association's use in providing water service to the Service Area. The current bulk
Commodity agreement was entered into in 1985, terminates on October 1, 1994 and limits
the amount of water to be supplied to the Association to .75 MGD.
(K) As early as June of 1991, after extensive negotiations commencing as early
as 1986 between the Association and the City to increase the (laity bulk water supply to the
Association beyond .75 MGll were unfruitful, the Association notified the City that it
would develop its own treatment facilities and would no longer seek to purchase bulk
water from the City after the current bulk commodity agreement expires on October 1,
199-1.
(1.,) The Association has diligently proceeded to test, acquire and design a
potable water well field, acquire a water treatment plaint site, design a 1.5 MGD water
heatment plant, seek and obtain necessary approvals from the County, the Central Florida
3
• • OF
BOCK 3CO PdnE1872
IZ .gicmal Hnnning Council, the Florida Department of Environmental Regulation and the
soulb Florida Water Management District.
R
Bou 3e0 PuE1873
ARTICLE II
WATER SYSTEM FRANCHISE
SIT,C HON 2.01. GRANT OF AUTIIORI'1'Y. There is hereby granted to
file Association, its successors and assigns, the non-exclusive right, privilege or franchise,
Icy construcl, mnintain and operate in, under, upon, over and across the present and future
streets, alleys, bridges, easements, rigl►ts-of-way and other places owned by the County and
its successors, water lines, pipes, welifields, pinups, water treatment facilities and any and
all oilier nppurfcimnces necessary thereto for the purpose of operating a water system and
supplying water within the Service Area to the County, its successors, and the inhabitants
thereof, arid persons and corporations within and beyond the limits of the Service Area.
SECI'iON 2.02. WATER SYSTEM USERS. All occupants and landowners
within the Service Area are hereby granted the privilege and right to receive from the
Association the water services described herein, subject to. the terms and conditions
described herein; provided, however, that any request for Association water services that
requites the extensions of water mains, shall be subject to prior approval of the County.
'I he approval shall not be unreasonably withheld.
Si;CI'ION 2.03. TERM OF FRANCHISE; ORDINANCE CONS'T'ITUTES
hItANCHISE. AGREEMENT. This Ordinance shall take effect and be in force from
and after the final passage hereof, as required by law, and upon filing an acceptance by the
Association with file County, in the form attached as Appendix A, within 7 days after the
mloption of this Ordinance. Such franchise sliall continue in force and effect for a term
of 30 years, beginning with the date of such acceptance. This Ordinance, upon acceptance
by the. Association as provided herein, shall be construed as and constitute the Franchise
Agreement.
SFCI'ION 2.04. CONSTRUCTION 'I'lMETABLE. The Association has
represenfed to the Courtly that it has tested, acquired and designed a potable water well
field, acquired a water treatment plant site, and is designing a 1.5 MGn water treatment
plant to serve the Service Area. The Association shall continue to seek and obtain
necessary approvals, permits and financing and construct a water treatment plant to serve
file potable water needs of the Service Area when its current commodity agreement with
file Cify of Okeechobee expires in October of 1994.
5
•
• BOOK 360 PACE 1874
Si?CI'ION 2.05. TERMINATION. Failure of the Association to comply
substantially with any material provisions of this Franchise Agreement shall be grounds for
Ictntination of this grant, but no such termination shall take effect until expiration of 180
clays from the date of receipt by the Association of written notice of such material non-
contpliance and the failure of the Association to cure such material non-compliance during
such Igo day period to the satisfaction of the County. The County may in its discretion
f;rant. additional time to the Association for compliance as required by the circumstances
of the case.
SECTION 2.06. IIREACII. The Association recognizes that the failure on the
pail of the Association to comply with the terms of this Franchise Agreement is likely to
cause irreparable damage to the Comity, and damages at law will be all inadequate
remcciy. 'l'lterefore, the Association agrees that in the event of a breach or threatened
brcacl, of any of the terms of this Franchise Agreement by the Association, the County
shall be entitled to an injunction restraining such breach or to a decree of specific
performance, or both, without showing or providing any actual damage, together with
recovery of reasonable attorneys fees and costs incurred in obtaining said equitable relief
until such time as a final and binding determination is made by the Court. I'he foregoing
equitable remedy shall be in addition to, and not in lieu of, all other remedies or rights
which the Connly may otherwise have by virtue of any breach of this Franchise Agreement
by the Association. The County shall be entitled to seek injunctive relief without the
posting of any bond or security to obtain the entry of temporary and permanent injunctions
and an order of specific performance enforcing the provisions of this Franchise Agreement.
Si;CTION 2.07. FRANCHISE CONSIDERATION.
(A) '1'o compensate the County for the cost of administration and supervision for
the effective performance of this Franchise Agreement and as fair and reasonable rental
for the use by fire Association of the streets, alleys, bridges, easements, rights-of-way and
other places owned by the County, the Association shall pay an nnuual fee to the-County.
Any amounts not paid when due shall earn interest at the same rate provided in Section
55.03, i-Im ida Statutes. Within 60 clays after the first anniversary date of this grant and
within 60 clays after .each succeeding anniversary dale thereafter, the Association, its .
successors and assigns, shall pay to the County slid its successors and assigns, all atnouut
equal to SIX percent ( 6 of the Association's gross revenues from the sale of
6
• • BOOK 360 P4CE1875
«.~Icr and the provision of wastewater services to its customers within the.geographic limits
of (;lades County for the annual period preceding the applicable anniversary date.
(13) - Nothing herein shall be construed to be a limitation on the assessment and
collection of valid taxes, special assessments, licenses, fees, charges or other impositions by
the County or other public or governmental body on or from the Association in excess of
such percent amount.
(C) The County shall hold all monies collected under this section in a separate
fund rind only expend those funds, in the n a mer and amounts solely determined by the
4U IY7E /9-nD S6W'4rL f-'~c iz-' 77 e5
Cminty, for in the Service
AI ca. `
7
eocK 30 Pw1876
ARTICLE III
OPERA'T'IONS
S1;CTION 3.01. USE, OF RIGHT-OFAVAYS.
(A) in performing the work and providing the water system services provided by
this franchise, the Association shall, at its expense and without reimbursement from the
Comity, locate or relocate its system facilities so as to interfere as little as possible with
traffic, over the streets, alleys, bridges, easements, rights-of-way and public places owned
by the C:ounty and'sthall provide reasonable access to abutting public and private property.
All system facilities shall be located or relocated under the County's supervision and with
the County's approval; however, the County shall not unreasonably interfere with the
proper operation of the water system of the Association.
(13) Any portion of a street or other public way or facility disturbed by the
Association's excavations or operations shall within a reasonable time and as early as
practicable after disturbance, be restored by the Association at its expense in as good or
better condition as it was and immediately prior to the disturbance.
SI;CHON 3.02. INSPECTION. The County, through its employees, officers
or agents shall have the right to inspect the system facilities of the Association at any
reasonable lime.
SECTION 3.03. SYS'I'G l 1\IAIN'I NANCE.
(A) The Association shall maintain in good condition and operate its water
syslem so as to render efficient service to the County and its inhabitants, and the
Association shall comply with the rules and regulations as are, or may be, described under
the terms of this Franchise Agreement, and those set forth by the State and federal
governments for the operation of water systems.
(13) Whenever it is necessary to shut off or interruj)t service for the purpose of
making repairs, adjusinients or installations, the Association shall do so at times and under
circumstances as will cause the least amount of inconvenience to its customers.
(C:) All water service shall be supplied through meters which shall accurately
measure the amount of water supplied to all customers. The Association shall at any time
requested by a cuslorner, make a test of the accuracy of any water meter. The Association
may impose a reasonable charge for such an accuracy test.
(U) The Association shall install and maintain at its own expense all necessary
fittings, pipes and appliances, including all meters and meter boxes to deliver water to its
8
. • i oR
BOQK 3e3 PACE 1 8 77
customers. All the fittings, pipes, appliances, meters and meter boxes shall remain the
property of the Association and shall at all times be accessible to it or under its control.
(r) No plumber, owner or other unauthorized person shall install or disconnect
or tcntove a meter provided under this franchise without the consent of the Association.
,SIr,CHON 3.04. RATES, FEES AND CHARGES.
(A) The Association shall front time to time, by resolution, adopt a schedule of
rates, rtes or other charges for the use of the water system of the Association to be paid
by the owner, tenant or occupant of each parcel of land which may be connected or
provided with service by such syslerat. 'I1he initial schedule of rates, fees and other charges,
shall be those already in effect within the boundaries of the Service Area as of the
effective (late of this Franchise Agreement. The Association may thereafter revise the
schedule of rates, fees and charges from time to time. However, such rates, fees and
Charges shall be adopted and revised so as to provide monies, which, with other funds
available for such purposes, shall be sufficient at all time to pay the expenses of operating
and maintaining its system, including reserves for such systems and the principal and
interest on any revenue bonds or other obligations as the same shall become clue and the
reserves therefore, and provide a reasonable margin of safety over and above the total
anaaunt of such payments, to comply fully with any covenants contained in any resolution
authorizing the issuance of bonds or other obligations of the Association or assumed by the
Association.
(13) Stich rates, fees and charges shall be just and equitable and uniform for the
users in the saute class and may be based upon or computed upon any factor or
combination of factors affecting the use of the services or facilities furnished, as may be
determined by the Association from time to time. No rates, fees or charges shall be fixed,
adopted or revised tinder the foregoing provisions until a public heating in which all the
,,sets or the system affected thereby, or owners, tenants or occupants served or to be
served Ihcreby, and all other interested persons shall have an opportunity to be heard
Concerning the proposed rates, fees or charges. Notices of such public hearing setting
forth the proposed schedule or schedule of rates, fees or charges, shall be sent to the
County and shall also be given by one publication in a newspaper circulating itt Glades
County at least 20 clays before the date fixed in such notice for the public hearing, which
may be adjoatrned from time to time. After such hearing, the proposed schedule or
schedules, tither as initially adopted or as modified or amended, may be finally adopted.
9
• OR
BOOK 360 PuE I S 78
(C') 't'he rates, fees or charges adopted for any class of users or properties served
shall be extended to cover any additional users of properties thereafter served which shall
fall within the same class, without Ilse necessity of any further hearing or notice.
(1)) Fxccpl. is expressly provided by law, no free water service shall be rendered
by the Association and no discrimination shall exist in the fees, rates and charges for the
users of the same class.
SECTION 3.05. SYSTEM DEVELOPMENT CHARGES.
(A) Within the Service Area, under the following conditions, the Association may
levy arrd collect system development charges for the water system for capital improvements
and debt service on such capital improvements as hereinafter specified:
(1) Whenever a properly owner or his authorized representative connects
an existing structure to a system or portion thereof owned or operated by the
Association;
(2) Whenever a property owner or his authorized representative applies
for a building permit to alter an existing structure previously connected to a
water system owned or operated by the Association, where such alteration
increases the potential demand on the Association's system; and
(3) Whenever a property owner or his.autborized representative applies
for a building permit to construct a structure or alter a structure on property
which according to a plan adopted by the Association or the County is
scheduled in the future to be connected to a system owned or operated by
fire Association even though the property owner or his representative may
receive interim water service from a source other than the Association.
(13) If the structure on the property for which a system development charge has
been paid is not nntlrorized to connect to the Association's system within 10 years of the
date of such payment, the property owner holding legal title at the end of the 10-year
period shall be eligible for a refund of the system development charge without interest.
The Association shall notify the property owner of his eligibility for a refund by mailing
notice and an application for refund to the property owner. Such notice shall be sent by
certified or registered mail with return receipt requested to the then owner of record as
shown oil (lie most recent ad valorem tax roll. Any property owner eligible for a refund
shall file written application with the Association for a refund within 90 days of the date
cif mailing of the notice by the Association or such property owner shall be deemed to
10
I ,
•
• BOOK 360 PuF I879
(i') System development charges may be pledged to the payment of bonds or
other obligations of tlue Association, provided that the Association has agreed in the
resolution anllhorizing such bonds or other obligations that it maintain net revenues,
together with special assessment proceeds and other revenues derived by the Association,
exclusive of system development charges, equal to at least 100 percent of the debt service
c,n such bonds or obligations.
.SECTION 3.06. REPOR'T'ING REQUIRENIEW7 BOOKS AND RECORDS.
(A) 'T'he' County or its designee shall have the right to review all records
maintained by the Association on five clays written notice`
(13) An annual audit of the Association's books and records shall be prepared by
an independent Florida certified public accounting firm in accordance with generally
accepted accounting principles and shall be delivered to the County, at the Association's
expense, within 120 clays of the twelve month period ending the Association's fiscal year.
The audit shall include, but not be limited to the following elements:
(1) balance sheet;
(2) statement of revenue and expenses segregated by the areas served
(Okeechobee County or Glades Comity);
(3) statement of cash flows; and
(4) notes to fins►icial statements.
The Association shall establish and maintain ht its' own expense daring the term of this
f►anchise, a bookkeeping, accounting and record keeping system to facilitate the
preparation of the audit and shall preserve for at least six years from the date from their
preparation, full, complete, and accurate books, records, and accounts that have been
consistently applied in accordance with generally accepted accounting principles.
S(;CHON 3.07. COMPLAINTS.
(A) All service complaints shall be directed to the Association. Vie
County shall notify the Association of any complaint communicated to the County. All
cc~n►plaints received by the Association shall Le immediately recorded in the complaint log
maintained by (lie Association. Complaints shall be resolved within 24 hours after being
received by the Association. When a complaint is received after 12:00 noon on a Friday
or the clay preceding a holiday, it shall be resolved by the Association no later than the
next regular working clay.
12
• . 0
OR -
BOOK -360 PAGE J ~j S()
(13) The Association shall supply the County oil a periodic basis, no less often
khan monthly, a typed statement of all oral or written complaints (including copies of
a-rit tell complaints received) on n complaint form or other written format approved by the
County, from any source and whether or not received and forwarded to the Association by
the Comity. Such statement shall be in a format indicating the date and hour of inquiry
Or c()r►rplaint received, the nature of the complaint received and a full explanation of the
disposition of the complaint. The Association shall establish procedures acceptable to the
County to ensure (hat all customers are notified as to complaint procedures, rules and
rcgnlations, rates and fees charged or imposed by the Association. The County may from
time to time contact customers directly regarding the quality of service-aud the disposition
or conrplai►rls.
SI;CI'ION 3.08. MANDATORY USE OF ASSOCIA'T'ION FACILITIES AND
Si;RVICi;S. All lands, buildings, premises, persons, firms and corporations or other
users within the Service Area, shall use the water facilities of the Association, or any other
service provider authorized by the County, when and where ever such services and facilities
become available; and for such purposes, the Association shall be entitled to seek
injunctive relief, either mandatory or prohibitory, to enforce the use of Association
facilities or services.
SECHON 3.09. PLANNING REQUIREMEN'T'S.
(A) Within ihrce years after the effective date of the Franchise Agreement, the
Associatio►► shall adopt a master plan ",hich identifies current customers, projects and
future customers; profiles customers (residential, commercial, industrial); reviews and
gerrcrallyI inventories all existing infrastructure and treatment facilities within the Service
Area; identifies a capital improvement program for the Association; reviews all current
pern►its and compares existing regulations to projected regulations; identifies and evaluates
potential acquisitions or service expansions; evaluates Association staffing; provides for
detailed mapping of system facilities; provides for hydraulic analysis of system facilities,
both existing and proposed; evaluates present and future sources of raw water and the
treatment requirements for those sources in terms of capacity, reliability and economy;
identifies reclaimed water storage alternatives and wetweather back-up alternatives; and
identifies current and potential high volume users of reclaimed water. Thereafter, the
Association shall review, and if necessary amend the master plan periodically, but not less
often than every three years.
13
• BOOK 1360 Paco )8I
(13) '1'reatill ell t facility construction or expansion or line extension policies
adopted by the Association shall be in furtherance of land development regulations
adolrtcd by the County.
(C) The construction or expansion of any portion of the Association's systems, or
major alterations which affect the quantity or quality of the level of service of the
Association's systems, which is undertaken or initiated by the Association shall be
ccInsistent with the applicable local government comprehensive plan of the County adopted
pursuant to Chapter 163, Part 11, Florida Statutes; provided, however, that this obligation
shall not be construed to allow a local government comprehensive plan to require the
Association to construct, expand, or perform a major alteration of any public facility which
would result in the inrpairnrent of covenants and agreements relating to bonds or other
obligations, issued or assumed by the Association.
(D) When file County has issued a development order which approves the
conetrncoon or public facilities or has issued a development order pursuant to Chapter 308,
file County shall not use the requirements of this section to limit or modify the rights of
the Association to approve, construct, modify, operate, or maintain public facilities
m►thorized by the development order.
(F) The Association shall take no action which is inconsistent with applicable
crnnprchensive plane, land development ordinances, or regulations adopted by the County.
SF,CHON 3.10. COMPLIANCE WITH O'TIIER LAWS, ORDINANCES AND
HEGULA'1•IONS.
(A) This franchise does not and shall not be construed to relieve the Association
from any obligation to address (lily permit, condition, term, approval or restriction and
shall not ►clieve the Association or its successors, of the obligation to comply with any law,
ordinance, rule or regulation governing said permitting requirements, conditions, approvals
or restrictions.
(13) All extensions of water system facilities and service shall be subject to the
approval of file County and the approval will not be granted if such grant would be
inconsistent with the County's comprehensive land use plan or zoning ordinance.
(C) Nothing in this ordinance shall be construed as a surrender by the County of
its right or power to pass ordinances regulating the use of its streets, sidewalks, alleys,
rights-cif-way and easements. The Association shall abide by all such ordinances relative
io its activifics.
14
BOOK 3CO Pur1882
(D) This Franchise Agreement is not and shall not be. construed as a
clcvelo m ent agreement pursuant to the Florida Local Government Development
Agreement Act, Seclions 163.3220-163.3243, Florida Statutes.
15
AIUrICLC IV
GENERAL
B6 3Ea PuF1883
SEC, HON 4.01. INDEMNIFICATION. The County shall in no way be liable
or responsible for any accident or damage that may occur in the construction, operation
rind maintenr►nce by the Association of fhe water system hereunder, and the acceptance of
(his Ordinance shall be deemed the agrecnicnt on the part of the Association to defend,
fully protect, indemnify and hold harmless (lie County from and against each and every
claim, demand or cause of action in any and all liability, costs, expense (including but not
limited to reasonable attorneys' fees, costs and expenses incurred in .the defense of the
C;orrnly, even if incident to appellate, post judgment or bankruptcy proceedings), damage
or hiss in connection therewith which may be made or asserted by the Associatiou, the
Association's employees or agents, or any third parties (including but not limited to the
County) on account of personal injury, death, damage or property damage caused by, or
arising out of in any way incidental to or in connection with its performance hereunder.
At file election of the County, the Association shall contest or defend the County against
any such claims of liability against the County. The County shall in any event, have the
right, through counsel of its choice, to control the defense or response to any such claim
to file extCill it. could affect the County financially, this indemnification shall also include
any claim or liability arising from or in any way related to actual or threatened damage
to the environment, including agency cost by investigation, personal injury or death, or
damaged property. Only those matters which are determined by a final, nonappealable
judgment. to be the result. of the negligence of the County shall be excluded from the
C'ontractor's duly to indemnify tine County, but only to the extent of the negligence of the
County. For the purpose of this section, the term "County" sliall be deemed to include the
County Board of Commissioners and its agents, employees and affiliates. For purposes of
this indemnification, "claims" shall mean and include all obligations, actual and
c•.onsequerrtill damages and costs reasonably incurred in the defense of any claim against
the Comi(y, including, brit not limited to reasonable accountants', attorneys' and expert
wilness fees and costs of investigation and proof of facts, court costs, other litigation
expenses, and travel and living expenses. The County shall have the right to defend such
Claim against it in any such manner as the County deems appropriate or desirable in its
sole discretion. The indemnity shall continue in full force and effect subsequent to and not
wi(hstanding the expiration or termination of the franchise granted herein.
16
0
0 BOOK 30 PnEIS84
SEXA ION 4.02. CHANGE OF I.ASV. Changes in law in the future,
irtclircting, but not limited to, legislative, judicial or administrative changes, which mandate
certain actions or programs for local governments or water utility providers may require
changes or modifications in some of the terms or conditions or obligations under the
franchise granted herein. Nothing contained in this Franchise Agreement shall require any
patty to pct forth any act or function contrary to law.
Si;CHON 4.03. AMENDMENTS AND WAIVERS. Noaniendment.
supplemcnt, modification or .vaiver of the Franchise /Agreement granted herein shall be
binding unless executed in writing by the County and the Association. No waiver of any
of the provisions of this Ordinance shall be deemed or constitute a waiver of other
previsions of this Ordinance, whether or not similar, unless otherwise expressly provided.
1?ach such amendment, supplement, modification or waiver of this Ordinance shall be filed
with the Clerk of the Circuit Court of Glades County,
SECHON 4.04. SEVERABILI'TY. 77te provisions of this Ordinance are
severable. if any section, subsection, sentence, clause or provision is held invalid by any
count of competent jurisdiction, the remaining provisions of this Ordinance shall not be
affccIed Thereby; except that if the County finds the invalidated portion to be an essential
part of this franchise the County may declare this franchise terminated.
SECTION 4.05. AL'T'ERNATIVE METHOD. This Ordinance sliall be
dccntcd to provide an additional and alternative method for the doing of the things
au llim ized hereby and shall be regarded as supplemental and additional to powers
conferral by other laws, and shall not be regarded as in derogation of any powers now
existing or which may hereafter come into existence. This Ordinance, being necessary for
the welfare of the inhabitants of the County, shall be liberally construed to effect the
purposes hereof.
Si;CHON 4.06. EFFECTIVE DATE. This Ordinance shall not take effect
unless the Association files an acceptance with the Clerk of the Board of County
C'omtitissioners, in the form attached as Appendix A, within seven (7) days of enactment
by the Board, and in such an event, a certified copy of this Ordinance shall be filed with
the Department of State by the Clerk of the Board of County Commissioners within ten
(10) clays of enactment by the Board and shall take effect upon- receipt of official
acknowledgment of filing as provided in Section 125.66(2), Florida Statutes.
17
' BOOK 3 FaCE~S
DULY 1;NAC1'ED, by the Glades County Commissioners this 24TH day of
MAY 1993.
BOARD OF COUNTY COMMISSIONERS
GLADES COUNTY, FLORIDA
(Scal~
CII - IRMAN
I.I_t Ic
i
18
• • BOOK 3CO PuE188G
APPENDIX A
ACCEPTANCE
.This Acceptance is made and entered into this ~ day of , 1993,
by the Okeechobee Beach Water Association, Inc., a Florida corporation reinafter the
"Association"), and ,is hereby delivered to the Board of County Commissioners of Glades
County, Florida, as the governing body of Glades County (hereinafter the "County").
WHEREAS, this Acceptance shall be an appendix to the ordinance granting a
franchise to the Association and its successors and assigns to operate and maintain a water
system within a portion of the unincorporated area of Glades County (hereinafter the
"Ordinance").
AV I T N E S S E T 11:
That the Association by its execution of this Acceptance hereby agrees, for itself and
its successors and assigns, to ncce t all of the rights and privileges granted by the
Ordinance and be bound by all the obligations thereunder as a non-exclusive franchisee of
the County.
'I'bis Acceptance shall become effective upon enactment of the Ordinance by the
Ccni n ly.
IN WITNESS WHEREOF, the Association has caused these presents to be executed
the dale .111d year first above written.
WIINI~SS
1-~ 1' I'N i?sS
OKEECIIOBEE BEACII WR'I'ER
ASSOCIATION, INC., a Florida
Corporation
BY:
President
A-1
0 0
STATF 0F FLORIDA
CUUN'1'Y 017 01,0CECII0131 G
BOOK 3CO PACE1887
The foregoing Acceptance was acknowledged before me by -1rr14-%IA
who is personally known to me, as President of the Okeechobee Beach Water Association,
Inc:., n Florida corporation, on behalf of the corporation.
, 1993.
-N .I 'NESS my hand and official seal this day of
At4v
G, my coµ~eiss m 1 cc mom
I t.)TARY PUBLIC - My Commission Expires: 21 i' 1VIAX r►. rWfYasr-1e9 _(SEAL)
11iint name of Notary Public here: '~1r eftm *WY W*UA,.ff t
I hereby certify that this Acceptance was duly filed with the Clerk to the Board of
County Commissioners of Glades County, Florida, pursuant to the terms of Glades County
Ordinance No: 93- 4 , on this 4TH day of MAY , 1993.
(SFAI-)
A' 1' 1 EST:
SI 1ZK JURY L. BECK
i.
r'
A-2
I
ME
BOOK 3C~ 1~188
APPENDIX B
DESCRIPTION OF SERVICE AREA
-That portion of Glades Counly, Florida lying one mile on each side of State Road
78 from the Kissimmee Rivcr to Indian Prairie Canal.
B-1
I
BR A-
PACE1 q89
Iit; 1'I' KNOWN, that at a special meeting of the Board of Directors of Okeechobee Beach
Water Association, Inc. ("tlle Association") field on April 26, 1993, a quorum being present,
it vas resolved by Board of Directors, upon majority vote of directors present:
ItESOLVrla), tliat Okeechobee Beach Water Association, Inc. shall enter into a
franchise agreement with Glades County in the form attached hereto.
IT IS FURTHER RESOLVED, that the franchise agreement with Glades County,
shall executed by the President and Secretary of the Association.
Dated this -4 .
day of 4 ' , 1993
OKEECIIO,BEE,BEACH WAT ASSOCIATION,
By
LELAND PE RCE, PRESIDE T
A' I' ITS' I':
Vcr Ila 'abriel, Secretary
41, 1~1 I ik6corirsp%r)Ii 'n•hclcl.trs
FILED FO,~ if?I}
OKEECIIIT`-r_ r'r'. Fl-
2669 12 941101 10 In: 1, 0
GLORIA ,l. I ii(t
CLERK OF CIRCU11 U.01
0 40