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HomeMy WebLinkAbout1386-19 Potable Water Page 1 of 17 INSTR#2019186910 OR BK 9999 PG 1855 10/31/2019 03:09 PM Rcpt 2104616 Rec:146.00 DS:0.00 IT:0.00 Nikki AlvarezSowles,Esq.,Pasco County Clerk&Comptroller ORDINANCE NO. 1386-19 AN ORDINANCE BY THE CITY COUNCIL OF THE CITY OF ZEPHYRHILLS, FLORIDA CREATING A MASTER POTABLE WATER ORDINANCE, CREATING CHAPTER 55 OF THE CITY OF ZEPHYRHILLS CODE OF ORDINANCES, REPEALING ALL PREVIOUSLY ADOPTED ORDINANCES RELATING TO POTABLE WATER; PROVIDING FOR APPLICABILITY, REPEALER, f`f Y SEVERABILITY,INCLUSION INTO THE CODE,AND AN EFFECTIVE -1- DATE. WHEREAS , the City Council has authority to adopt this ordinance through general home rule powers pursuant to Article VIII of the 1968 Florida Constitution,and Chapters 166 and 163,Florida Statutes;and WHEREAS,the City Council has determined that it is in the City's interest to update the City's Code of Ordinances from time to time to assure.that the Code of Ordinances adequately meet the needs of the City;and WHEREAS,the City Council finds that it is in the best interest of the City of Zephyrhills to repeal all previously adopted Potable Water Ordinances, to create a new Chapter to be included in the Code of Ordinances dealing solely with subject of Potable Water within the City of Zephyrhills;and WHEREAS,the City Council finds that it is in the best interest of the City of Zephyrhills to re-organize and simplify the Potable Water Ordinances within the City of Zephyrhills;and WHEREAS,the City Council hereby finds and declares that this Ordinance is in the best interest of the public health,safety,and welfare,and that it advances a valid and important f.. i public purpose. NOW, THEREFORE, BE IT ORDAINED by the City Council of the City of Zephyrhills,Florida,as follows: SECTION 1. RECITALS. The Whereas Clauses above are true and accurate and are incorporated by reference and made part of this Ordinance. SECTION 2. CHAPTER 51:CITY OF ZEPHYRHILLS POTABLE WATER ORDINANCE: 55.1 DEFINITIONS For the purpose of this Ordinance,the following definitions shall apply unless the context clearly indicates or requires a different meaning. 1. ADMINISTRATOR.City of Zephyrhills's Utilities Director or his/her designee. 2. APPLICANT.A potential customer or authorized agent of a potential customer. 3. APPLICATION.The written instrument by which a developer or a customer applies for potable water service of any sort. i-- 4. 4. APPROVING AUTHORITY.The City Council or its designated representative. Lam' 5. AQUIFER.A groundwater bearing geologic formation,or formations,that contain enough saturated permeable material to yield significant quantities of water. 6. AT COST TO CITY.The City will furnish the installations and pay for same at current market price,and that the user will be charged for the item or items at the actual cost to the City plus an Administrative cost together with connection fees and any additional costs incurred by the City. 7. AUTHORIZED PERSON.The City Manager or any person properly designated by the City Manager.All other persons shall be deemed to be unauthorized persons. Record and Return to: City Clerk's Office -1_ OR BK 9999 PG 1856 Page 2 of 17 8. BACKFLOW.Flow of water or other liquid into the potable water distribution system from an unintended source. 9. BACKFLOW PREVENTION ASSEMBLY.A mechanical device designed to allow water to flow in only one direction. 10.BACKPRESSURE Backflow caused when upstream water pressure beyond the service connection exceeds present water pressure within the distribution system. 11.BACKSIPHONAGE.Backflow caused by negative pressure in the water distribution system. 12.BOARD OF REVIEW.The City Council or its designated committee. 13.CITY.City of Zephyrhills Utilities Department and/or the governing body of the City. 14.CITY MANAGER.The City Manager or the City Manager's designee. 15.COMBINED WATER SYSTEM. System which provides both drinking water and water for fire protection. 16.COMMUNITY PUBLIC WATER SUPPLY.As defined in 17-550,Florida Administrative Code,a community public water supply is a public water supply which serves at least 15 service connections used by year-round residents or regularly serves at least 25 year-round residents. 17.CONNECTION CHARGE.The charge established by the City for making the actual physical connection to the potable water systems. 18.CONSTRUCTION CONNECTION CHARGE.A charge payable to the City for a developer's utilization of oversized facilities paid for by other parties,including the City. 19.CONSTRUCTION COST.The cost to a developer less the City's oversizing cost,if any, described in this sub-Ordinance for the design and construction of all facilities as required to serve the developer's property and to connect to the City's potable water system. 20.CONSULTING ENGINEERS.The engineer or engineering firm or corporation responsible for professional engineering services provided for an assignment. 21.COOLING WATER.The water discharged from any system of condensation,air conditioning,cooling,refrigeration,or other sources.It shall contain no polluting substances which would produce BOD or SS each in excess of ten parts per million by weight or toxic substances as limited in this code or other polluting substances which may be limited in this article. 22.CROSS-CONNECTION.A physical connection or arrangement which could allow the movement of fluids between a potable water system and any other piping system,such as the reclaimed water system,or a system of unknown quality.Cross-connections are classified as either high hazard or low hazard. 23.CURBSTOP.The valve installed at the point where the customer's system or plumbing connects to the potable water service. 24.CUSTOMER or CONSUMER.Any person furnished potable water service by the City.A retail customer shall refer to the owner of the property served. 25.DEVELOPER.Any person developing a property for resale,rental,or lease at or to which potable water service is to be rendered by the City and who shall have the legal right to negotiate for such service.Where applicable,any person applying for the extension of potable water mains in order to serve a certain property. 26.DEVELOPMENT.Any proposed change in land use which alters the demands for potable water service. 27.DISCONTINUATION OF SERVICE.Cessation of potable water service or an appropriate method to ensure that no service can be received. -2- Page 3 of 17 ' OR BK 9999 PG 1857 28.DISTRIBUTION.Those mains installed within individual streets,developments,or subdivisions which deliver potable water from the transmissi lIn mains to the customer's service connection. 29.DISTRIBUTION SYSTEM.Piping system owned and operated by the water purveyor for the purpose of providing potable water to the community. 30.DOMESTIC USER.Any user of potable water not classified an industrial user. 31.DUAL CHECK DEVICE.A device composed of two single independently active check valves. 32.EFFLUENT. Sewage,water,or other liquid after some degree of treatment flowing out of any treatment device or facility. 33.FIRE SYSTEM.Water distribution system designed for the sole purpose of providing water for fire protection. 34.FOOD SERVICE FACILITY.Facilities that prepare and/or package food or beverages for sale or consumption,on-or off-site,with the exception of private residences.Food service facilities shall include,but are not limited to:food manufacturers;food packagers; restaurants;grocery stores;bakeries;lounges;hospitals;nursing homes;churches;and non- public schools. 35.GROUNDWATER.All water beneath the surface of the ground. 36.GUARANTEE DEPOSIT.The amount placed with the City by each customer as security for payment of the potable water billing records. 37.HAIR SALONS.Facilities that deal with cosmetic treatments for men and women. 38.HAZARD,HEALTH.A cross-connection or potential cross-connection involving any substance that could,if introduced in the potable water supply,cause death,illness,spread t' disease,or have a high probability of causing such effects. 39.HAZARD,NONHEALTH.A cross-connection or potential cross-connection involving any substance that generally would not be a health hazard but would constitute a nuisance or be aesthetically objectionable,if introduced into the potable water supply. 40.INDUSTRIAL USER.Any user of reclaimed water identified in the Standard Industrial Classification(SIC)Manual of the United States Office of Management and Budget as amended and supplemented including,but not limited to,thelfollowing divisions: • SIC Codes 0100—0999:Agriculture,Forestry,and Fishing. • SIC Codes 1000—1499:Mining. ■ SIC Codes 2000—3999:Manufacturing. I ■ SIC Codes 4000—4999:Transportation,Communications,Electric,Gas,and Sanitary service. • SIC Codes 7000—8999:Services. A user in the division listed may be excluded if it is determined that the user will introduce primarily segregated domestic waste or wastes from sanitary'convenience. 41.LAUNDRY OR DRY CLEANING FACILITY.Facilities that provide laundry or dry cleaning service.A laundry or dry cleaning service is the activity of laundering,cleaning, dying,and pressing of articles such as clothing,linens,bedding,towels,curtains,drapes,and rugs.It also includes incidental mending or repairing.The term applies to services operating their own cleaning establishments as well as those contracting with other laundry or dry cleaning services.It also includes pickup and delivery laundry services performed by persons operating in their independent capacity and not as agent for another laundry or dry cleaning service. _3_ OR BK 9999 PG 1858 Page 4 of 17 42.LOT.Each individual lot in a mobile home park,each individual lot in a RV park,and each individual unit of a motel,hotel or apartment. 43.METER MEASUREMENT.The act of or result of determining the quantity of potable water supplied or being discharged by a user and determined by an instrument or device used for such measurements and approved by the Administrator or designee. 44.MULTIPLE UNIT AREA.An area utilized for a high density of residential living,for example an apartment complex,mobile home park,and travel park. 45.MULTIPLE.Three or more residential units.In the event multi-units are on a master meter, the account shall be the responsibility of,and in the name of,the real property owner. 46.MUNICIPALITY.Any City,town,or village wholly or partly,within the County. 47.NONPOTABLE WATER.Water which is not certified as fit for human consumption. 48.OPERATION AND MAINTENANCE.The process and act of keeping all facilities for supplying potable water in normal operation and in good state of repair including the replacement of such facilities when necessary. 49.PET GROOMING FACILITY.Facilities where a pet may be bathed,brushed,clipped,or styled. 50.PLANNED EXTENSION.Future potable water extensions scheduled by the City with special provisions for payment thereof. 51.PLUMBING All pipes,fittings,and appurtenances on the property owner's side of the property line or outside easement areas.This includes the property owner's extension from all service laterals up to and including the house plumbing. 52.PLUMBING OFFICIAL.The Building Official or other City employee designated by the City Manager and who administers and enforces the provisions of the Standard Plumbing Code.The Building Official shall enforce the provisions of the Standard Plumbing Code within the boundaries of the City of Zephyrhills. 53.POINT OF CONNECTION.A point of entry given by the City to a customer/developer for the customer's/developer's point of utility connection into the City's collection,distribution, or transmission system;the point at which the customer/developer receives service. 54.POTABLE WATER.Water which has been treated,tested,and certified as fit for human consumption. 55.POTABLE WATER SYSTEM.Water distribution system designed for the sole purpose of providing drinking water. 56.PVC PIPE.Polyvinyl chloride pipe. 57.RESALE OF CITY WATER.Those persons,organizations or agencies engaged in the purchase or resale for profit of any potable water product obtained from the City potable water supply. 58.SERVICE AREA.That incorporated area of the City and those unincorporated areas of Pasco County as designated by the City Council which are serviced by a regional or sub- regional potable drinking water well or wastewater treatment facility owned or operated,in whole or in part,by the City where development is required to connect to the regional or sub- regional facility unless otherwise provided in this article or within the designating resolution and/or ordinance. 59.SERVICE COMMITMENT.The City's intent to provide service to a particular development or facility as expressed by the City's approval on a permit request to the State Department of Environmental Protection. 60.SERVICE COMMITMENT FEE.That fee established by the City for providing service commitments to developers in accordance with this article. -4- OR BK 9999 PG 1859 Page 5 of 17 61.SERVICE LATERAL.The connection extending from the point of connection to the potable water main in the street or easement to a customer's plumbing. 62.SURCHARGE.That part of the potable water service charge1which shall be applied to cover added,extraordinary operation and maintenance costs. 63.SYSTEM.The entire potable water system of the City and all treatment and disposal facilities and pipelines owned or operated by the City and all systems connected thereto. �.T 64.TESTING.The analysis of samples of potable water. , ! 65. TOXIC SUBSTANCE.Any substance whether gaseous,liquid,or solid which constitutes a hazard to human beings or animals or inhibits aquatic life or creates a hazard to recreation. 66.TRANSMISSION MAINS.Those mains used to supply potable water from the potable drinking water wells or pumping station to the potable water distribution mains,respectfully. 67.TURF FACILITY.Any facility which has ten or more acres of landscaped area such as golf courses,parks,school grounds,and cemeteries. 68. UNPOLLUTED WATER.Water discharged in its original state or water discharged which, after use for any purpose,is at least equal chemically,physically,thermally,and biologically to the water from its original source;i.e.,potable water,groundwater,river water,and stream water. 69. USER.Any person or premises receiving potable water services. 70.USER CHARGE. Charges assigned to each user which defray a proportionate share of the cost of operation and maintenance of the potable water system;often referred to as potable water service charge. 71. UTILITIES DIRECTOR.Administrator for the Utilities Services branch of the City. 72. WASTEWATER.A term interchangeable with sewage/sewer. J 73. WATER PURVEYOR.Authority providing potable water to the community. 51.2 APPLICATION FOR SERVICE 55.2.1 Application No person shall use the City potable water system without first making written application for the service to the City at least 14 working days,in the case of initial cut-in,before the service is desired,paying all costs,charges,fees,and deposits incident thereto.The application shall be on forms furnished by the City and the applicant shall agree,by acceptance of the service,to abide by all the provisions of this Ordinance and the applicable rules of the City in regard to the use of its potable water system as may from time to time be operative and effective.Applications for service by firms,organizations,partnerships,associations,and corporations shall be tendered by only their duly authorized agents,and the official title of the party shall be assigned to the application. 55.2.2 Service Outside of City Limits Whenever any person desires to secure the services beyond the present lines of the City,the person shall make written application to the City Council or their designee,stating the name of the owner(s)of the property,the kind of services desired,and the purpose for which the service L is required,giving a definite description and a definite location of the property where the service is to be rendered,and such other information as will aid the Council in determining the advantages to be derived from the service.The application shall be accompanied by a plat showing the route along which the lines are to be extended and where the connection with the City's existing line is to be made;and in the application there shall also be stated the name of the person,or members of the firm or presiding officer of the corporation making the request for service,with the post-office address of each.The application for service(potable water)shall be in compliance with established rules and regulations pertaining to execution of annexation agreements.All applications for service outside the City shall be carefully considered and -5- OR BK 9999 PG 1 860 Page 6 of 17 examined,and if it is found that the service requested is feasible,and it will be to the best interest of the City to grant the application,before agreeing to the extension,it shall be required that the applicant give easement of way for constructing and maintaining the line,and until the easement is granted to the City,no service shall be allowed. 553 EASEMENTS The applicant shall grant or cause to be granted to the City,without costs,all rights,easements, permits,and privileges which are necessary for the rendering of potable water service.The rights,easements,permits,and privileges shall be executed to the City prior to connection to the City's system(s)or upon request by the City;thereafter,duly authorized employees of the City shall have access at all reasonable hours to the premises of the applicant for the purpose of installing or removing any of its property,examining pipes or fixtures,or for any purpose incidental to the rendering of potable water service(s). 55.4 POTABLE WATER SERVICE RATES AND USAGE CHARGE 51.4.1 Revised Potable Water Rates The City Council does hereby find that the Potable Water rates represent fair and reasonable sums assessed to provide for the use of,and reasonable availability for use,of the services and facilities of the City of Zephyrhills,by each user receiving service.Rates and/or charges are set by separate ordinance and and are incorporated by reference. 55.4.2 Revenues Generated by Rates and Charges The City Council does hereby find that the revenues generated by the rates and charges established for the potable water system are sufficient to cause the systems to be a financially self-supporting utility. 55.4.3 Base Rates The base rate amount shall be in addition to any charge for actual use. 55.5 SCHEDULE OF MISCELLANEOUS FEES CHARGE BY CITY 55.5.1 Late Fees In addition to monies due,any bill which remains unpaid 21 days after the billing date will be charged with a late fee and the amount of this charge is determined by and maybe changed by the City Council from time to time. 55.5.2 Insufficient Fund Charge(Bad Check) In addition to monies due,an additional charge shall be assessed for any checks returned unpaid because of,but not limited to,"insufficient funds","account closed"or"unauthorized signature". The amount of this charge is determined by and maybe changed by the City Council from time to time. 55.5.3 Meter Reading Charge There shall be a charge for any special meter reading or re-reading requested by the customer to determine the correctness of the meter reading.The fee shall be charged to the customer account if the re-reading or special meter reading is correct.If it is determined that the meter was not properly read,the fee shall not be charged to the customer account.The amount of this charge is determined by and may be changed by the City Council from time to time. 55.6 CITY USE OF FUNDS COLLECTED The funds received from the collection of the charges or rentals authorized by this Ordinance shall be deposited daily with the City Treasury,and shall be accounted for and be known as the Utility Fund and when appropriated by the City Council,shall be available for the purpose of •6- ORBK9999 PG 1861 Page 7of17 payment of the costs and expenses of the management,maintenance,and repair of the City's potable water system,and any surplus in the funds shall be used for the payment of the interest on the certificates issued and outstanding,or which may be issued,to provide funds with which to pay the City's portion of the cost of constructing the potable water system,or part thereof, and/or for the enlargement or replacement of the potable water system,and pumping works. 55.7 DEPOSITS �. 55.7.1 Deposits Required All users of potable water shall be required to pay a deposit to the City.Deposit amounts shall be determined by resolution of the City Council from time to time.Rates of Deposits 55.7.2 Rates of Deposits 55.7.2.1 Residential Individually metered residential and small commercial units receiving reclaimed water service shall pay a deposit.The amount of this deposit is determined by and may be changed by the City Council from time to time. 55.7.2.2 Commercial Uses Commercial users of potable water shall pay a deposit equaling the average consumption and charges of a similar use for a two-month period of time,the average being calculated from an annual period of time.If a similar use is nonexistent then a projected consumption rate and charge for a period of time of two months will be determined by the City at its discretion.If after a period of time,the projection is less than the actual consumption of potable water,then the deposit will be increased and the user will be required to pay the difference within 15 days of notification. 55.7.2.3 Refund of Deposit After Termination When service to any applicant is discontinued permanently,any remaining deposit,less any amounts due the City for services rendered,shall be refunded without interest. 55.7.2.4 Application The deposit rates charged herein shall apply to any new user after the effective date of this Ordinance.However,if a user has previously had service terminated for nonpayment or had a history of delinquency in payments,the City may at its option require that user to conform with the deposit rates established herein when reconnecting,transferring service,or applying for new service. 55.7.3 Requirement to Connect to City Systems 55.7.3.1 Potable Water A. Any owner,tenant,or occupant of each lot or parcel of land within the City not presently using City potable water shall be required to connect to the potable water system if the system is within 200 feet of the property line.If the person(s)fail(s)to f✓ do so within 365 days after being officially notified by the City Manager or designee, then the persons will be guilty of a misdemeanor of the second degree as defined and as punishable by the Florida Statutes. B. Existing users not presently connected to the City's potable water system,unless and until later are required to connect to the City's potable water system,shall be required to have a meter installed on their wells,the installation of the meter being for the purpose of assuring that appropriate sewer fees are charged. C. This sub-Ordinance shall only apply to owners,occupants,or tenants who utilize wells to supply their abodes,business stores,or other structures with potable water. -7- OR BK 9999 PG 1862 Page 8 of 17 D. No person,firm,or corporation shall connect any private well to any abode,building, or structure. E. The property owner shall be notified when water and/or sewer service is available to their property.Sewer and/or water service shall be considered available to an existing or new residential,commercial,or industrial building when the property line is within 200 feet of an existing or future water and/or sewer line. F. Sewer and/or potable water service charges shall be in effect within 365 days of notification of the availability of sewer and/or water service or if connection is made before the expiration of 365 days,upon actual connection. G. The City shall notify the property owner of any on-site private water system of the availability of the central water system.No less than one year prior to the date the central water system will become available,the City shall notify the affected owner of the on-site private water system of the anticipated availability of the central water system and shall also notify the owner that the owner shall be required to connect to the central water system within one year of the actual availability. H. The owner shall have the option of prepaying the amortized value of the required Connection and/or Capacity Fee charges in equal monthly installments over a period not to exceed two years from the date of initial notification of anticipated availability. I. No owner,tenant,or occupant of any such lot shall fail or refuse to connect with the water and/or sewerage system within a 365-day period of time upon receiving notice by the appropriate City official to connect. 55.7.3.2 Unauthorized Connection No person shall connect to,or turn on,any potable water service or cut-in,interconnect,tap,or make any alteration to any main or distribution or collection pipe of the City's potable water system or permit any connection or tapping to be made to the City's potable water system,on his premises,or the premises occupied by him or her,or knowingly use the City's potable water service from connections in violation of any provision of this Ordinance,or any rules or regulations adopted by the City Council with respect thereto. 55.8 CONNECTION BY CITY No person,except those persons duly employed or authorized by the City for such purposes, shall tap or make any connections to the City's potable water mains or lines.No person other than an authorized City employee shall enter any public potable water system or appurtenances thereof without a written permit from the City. 55.9 EXTENSION OF EXISTING SYSTEMS 55.9.1 City Approval of Routes Before allowing or agreeing to any extension of the potable water system,the City Council or designee shall approve the route to be adopted for the extension,!and shall require the applicant to procure and deliver to the City deeds conveying the easement;of way or the entire route - - proposed for the constructing and maintenance of the extension.Upon completion of the extension,and the extension being inspected and approved by appropriate officials,the applicant shall transfer and assign the same to the City by deed of conveyance,vesting title to the lines in the City. 55.9.2 Cost A. The entire cost of extension of the potable water system shall be borne by the person applying for the service.The costs incurred by the applicant shall not be reimbursable. -8- OR BK 9999 PG 1863 Page 9 of 17 This expenditure by the applicant is a direct result of the applicant desiring to obtain the fullest degree of public health and safety for his/her usage. B. When any applicant shall propose to construct off-site potable water improvements of sufficient capacity to serve other users,City Council or designee may at its discretion, should it determine it to be in the City's best interest,permit up to 50%of the connection fees required by sub-Ordinance 2 of this Ordinance to be used for the cost of extending utility services.If the amount approved by the City is equal to,or in excess of,the costs 1-71 of constructing the extension,then upon payment of the amount prior to construction the City may at its option construct or have constructed the extension.If the amount � x approved by the City is not a significant part of the total cost of any utility extension,then the City at its option may allow the applicant a partial credit against future connection fees due and payable in sub-Ordinance 2 of this Ordinance. 55.10 WATER METER 55.10.1 Meter Required A. It shall be necessary for any user of potable water furnished by the City who does not have a meter installed upon the premises to so notify the City Manager,and the City Manager shall provide for the installation of a meter in accordance with the connection fees as shown in sub-Ordinance 2 of this Ordinance. B. It shall be a requirement that each single-family residential unit and duplex shall have a separate water meter.The City may require that each unit in a multiple unit area be metered individually,which requirement may be enacted either in the initial stage of the multiple residential unit development or at any subsequent date that the City deems advisable,and an early non-requirement by the City shall not be a waiver of that requirement. '° 55.10.2 Meter Installation Meters shall be installed in a location that will be easy of access. 55.10.3 Reading Meters The City Manager by his/her agents shall read or cause to be read every water meter used in the City at such times as are necessary that the bills may be sent out at the proper time. 55.10.4 Testing Meters Any municipal water meter shall be removed and tested for accuracy at the request of the customer for a fee that will be charged to the customers account.If the tested meter isover the AWWA recommended standards for meter accuracy the meter shall be repaired or replaced within a reasonable period of time and the fee shall not be charged to the customer account.Fee amount shall be set by resolution. 55.10.5 Dual Meters 55.10.5.1 Purpose t: j It shall be the purpose of this sub-Ordinance to allow for the establishment of a dual meter r ; _ system of metering potable water supplied to a person or business entity and to meter potable water consumed or otherwise used in such a manner that it does not enter the sewer system for the purpose of determining the appropriate sewer charge. 55.10.5.2 Billing Option Any individual person,firm,corporation,or business entity(hereinafter referred to as"user") shall have the option to apply for billing pursuant to this sub-Ordinance. 55.10.5.3 Application Required:Contents -9- OR BK 9999 PG 1864 Page 10 of 17 Any user electing to use dual meters shall first file an application with the office of the City Manager,which application shall contain the following: A. User's name and mailing address. B. Billing address if different from 10.5.3.A.of this sub-Ordinance. C. Location of structure or premises involved. D. Purpose of requesting dual meters. E. A plan,schematic drawing,or approved private sketch which shall,with reasonable accuracy,show all water flow routings located on the premises involved,together with proposed meter positions shall be attached. F. Number of meters required. G. Signature of applicant. 55.10.5.4 Review of Application by City Manager The City Manager or his/her designee shall review the application,cause to be completed any inspection or inspections deemed to be necessary and recommend to the City Council approval or denial of the application. 55.10.5.5 Action of City Council The City Council approval may be made contingent on further inspection or inspections prior to • final acceptance for dual meter billing. 55.10.5.6 Grants of Easements to City All owners/users shall grant or cause to be granted to the City without cost all rights,easements, permits,and privileges which are necessary for the rendering of services established herein.The rights,easements,permits,and privileges shall be executed to the City prior to instituting billing procedures under this Ordinance.Authorized employees of the City shall have access at all reasonable hours to the premises of the user for the purpose of inspection and reading of all meters.All meters shall be situated adjacent to each other and located on a City easement. 55.10.5.7 Previous Meter Charge to be Paid Prior to the initiation of the dual meter billing for any user there shall be paid to the City these sums of money determined to be due the City for meter costs and any other incidental labor or material cost to the City in connection with the initiation of this procedure;however,nothing herein obligates the City to provide any service whatsoever other than providing potable water to the property line. 55.10.5.8 Effect on Other Charges Nothing in this sub-Ordinance shall change or alter any other fee,rate,or charge established by any ordinance or resolution.Any user using the dual meter system of billing shall be billed at the same sewer rate as will any other user not operating under this Ordinance with the exception that the user shall be billed only for the number of gallons determined to have been discharged into the City sewer system.Security deposits,in addition to those already established,may be required as hereafter established by resolution. 55.10.6 Additional Connection to Master Meter 10- Page 11 of 17 OR BK 9999 PG 1865 Any user or person operating from a master meter for potable water shall notify the City 14 days in advance prior to connecting to,or permitting connection to,any line connecting to City potable water.Failure to provide notice shall be punished as set forth in sub-Ordinance 24. 55.11 INSTALLATION AND CONNECTIONS AND CHARGES 55.11.1 Payment Before any building or property shall hereafter be connected to the City's potable water system, the City shall be paid for proper water meter at cost to City plus administrative fee.The sums er shall become the property of the City absolutely in payment for the items and services. 55.11.2 Charge for Turning Potable Water On or Off When it becomes necessary for a user to have the potable water turned on or off,there shall be a fee to turn the potable water on or off.The shall be a fee for service to reconnect potable water utilities after a disconnect for nonpayment.If a customer requests that potable water be turned on or off any time after 3:00 p.m.,on the same day of a normal business day,there shall be a fee. The amount of these fees is determined by and may be changed by the City Council from time to time. 55.11.3 Charge for Connection of Potable Irrigation Meter The charge for the connection of a potable irrigation meter to the City's potable water supply shall be the same cost of a potable water meter including all associated fees 55.12 DISCONTINUING SERVICE FOR NON-PAYMENT A. It is the policy of the City to discontinue utility service to customers by reason of nonpayment of bills only after notice and a meaningful opportunity to be heard on disputed bills.The City's form for application for utility service and all bills shall contain, = in addition to the title,address,room number,and telephone number of the official in charge of billing,clearly visible and easily readable provisions to the effect: i. That all bills are due and payable on or before the date set forth on the bill;and ii. That if any bill is not paid by or before that date,a disconnect notice will be mailed containing a cutoff date.If the bill is not paid within 10 days of the disconnect notice date,services will be discontinued for nonpayment;and iii. That any customer disputing the correctness of his/her bill shall have a right to a hearing at which time he/she may be represented in person and by counsel or any other person of his/her choosing and may present orally or in writing his/her complaint and contentions to the City official in charge of utility billing.This official shall be authorized to order that the customer's service not be discontinued and shall have the authority to make a final determination of the customer's complaint. B. Requests for delays or waiver of payment will not be entertained;only questions of 1.. proper and correct billing will be considered.In the absence of payment of the bill rendered or resort to the hearing procedure provided herein,service will be discontinued at the time specified,but in no event until the charges have been due and unpaid for at least 30 days. C. When it becomes necessary for the City to discontinue utility service to a customer for nonpayment of bills,service will be reinstated only after all bills for service then due have been paid,along with a reconnect charge as detrerminined by City Council from time to time. -11- OR BK 9999 PG 1866 Page 12 of 17 55.13 UNLAWFUL TO TAP OR MAKE CONNECTIONS , It shall be unlawful for any person to tap or make any connection with the City potable water mains or pipes other than owners of property within,or on,their own property without first procuring therefor a written permit from the City. 55.14 USE OF POTABLE WATER BY CONSTRUCTION CONTRACTORS 55.14.1 Application Applications for service shall be made by home/property owner(s),or the duly authorized agent(s)at the City of Zephyrhills Building Department upon obtaining a building permit notifying them when a temporary/construction meter is needed.Upon completion of the building permit the customer shall open a Utility Customer Account with the Utility Billing/Customer Service Division prior to issuance of a certificate of occupancy.A minimum account deposit,as per current ordinance(s)/resolution(s)allow,shall be required to activate/open an account. Additionally,a security deposit for the temporary/construction meter and related materials shall be required at the time the utility account is activated.The security deposit shall be updated,no less than annually,by the Utilities Director each fiscal year with proper justification for any increase. 55.14.2 Rates The potable water use rate to be charged to the customer shall be similar to a typical commercial water customer.The time limit for the use of a construction/hydrant meter shall be no longer than six months unless authorized by the City Manager or his/her,designee. 55.15 RESALE 55.15.1 Resale Except in Emergency No potable water shall be resold or distributed by the recipient thereof from the City supply to • any premises other than that for which application has been made and the meter installed,except in case of emergency. 55.15.2 City Permit Requirement City permit requirement for selling or bottling any potable water product for commercial resale, if potable water was drawn from the City's potable water system: 55.15.2.1 Intent It is the intent and purpose of sub-Ordinances 15.2.1 through 15.2.3 to protect and maintain the quality of groundwater within the City by providing criteria for land uses and permitting requirements for those interested in the commercial resale of this commodity. 55.15.2.2 Permits The following requirements are hereby established for the issuance of permits for the resale of potable water from City sources and/or wells. A. To obtain a permit,pursuant to the provisions of sub-Ordinances 15 the applicant must. i. Demonstrate that the usage is a reasonable-beneficial use as defined in Fla.Stat. 373.019(4). ii. Assure that same will not interfere with presently existing legal use of potable water. iii. Establish consistency with the public interest. -12- OR BK 9999 PG 1867 Page 13 of 17 iv. Provide forecasting projections of the amounts of potable water to be drawn and resold in annual increments of 1 year,5 years and 10 years. v. Pay applicable fees as established by City Council. B. Applications for permit may be denied if the quantity applied for would cause the City to ; exceed current volume levels established for it,or if state regulations or other regulatory body limits reduce or otherwise impact the drawing capacity of the City Utility Department. 55.15.2.3 Fees Fees for consumptive resale shall be set at rates 10%higher than those rates established to serve regular fixed customers of the City's potable water system. 55.16 TAMPERING A. It shall be unlawful for any person to tamper with,alter,injure,or threaten to injure any part of the City waterworks or supply system.Penalties shall be according to Federal Regulation 42 U.S.Code 300i-1.Definition specific to US Code 300i-1:Tampering is 1)to introduce a contaminant into a public water system with the intention of harming persons;or(2)to otherwise interfere with the operation of a public water system with the intention of harming persons. B. Tampering,other than US Code 300i-1,shall be penalized according to§24 of this ordinance. I,:? 55.17 DAMAGE TO WATER METERS;REPAIRS;NONPAYMENT BY OWNER; LIABILITY (a) Unless damage to a water meter and associated material(s)shall occur due to the negligent and/or intentional act or omission by the city,its agents,servants or employees, any and all damage which occurs to a water meter and associated material(s)located on the property of a property or homeowner shall be the sole responsibility of such property or homeowner and in addition,such property or homeowner shall be liable for the costs of repair of any and all damage to such water meter and associated material(s).The city shall notify such property or homeowner as to the extent of damage to such water meter and associated material(s)and the cost of repair of same,whereupon the property or homeowner shall pay to the city the cost of such repair within 30 days from the date such property or homeowner received notice from the city. (b) The cost of repair of a broken lock or hasp associated with the water meter is damage compensable as within the contemplation of this section;and the property or homeowner shall be liable and shall pay in accordance with subsection(a)of this section. (c) The amount of repair costs charged to the property or homeowner shall be the reasonable,just and actual expense plus administrative costs of the repair of such water meters and/or lock or hasp associated therewith,such costs not to exceed the amount _ established by ordinance. (d) If the city notifies a property or homeowner of repairs necessary to a damaged water meter and associated material(s)as stated in subsection(a)of this section,and if such homeowner or property owner does not pay the city within the 30 days as stated in subsection(a)of this section,the city shall,at its option,have a'lien on the property upon which such damaged water meter is located to the extent of the repair costs referred to in subsections(a)through(c)of this section. -13- OR BK 9999 PG 1868 Page 14 of 17 (e) It shall be no defense to any property or homeowner under this section,that damage, to whatever extent,to a water meter and associated material(s),as contemplated by this section,was occasioned by a trespasser,third party,intervener,or through act of God;so long as the damage was not caused through the negligent and/or intentional acts or omissions by the city,a damaged water meter and associated material(s) shall be paid for and repaired in accordance with this section. 55.18 UNAUTHORIZED USE OF FIRE HYDRANTS It shall be unlawful for any unauthorized person to obtain water from any of the fire hydrants of the City without first obtaining express permission from the Utilities Director or designee. 55.19 WATER SPRINKLER FIRE CONTROL SYSTEMS A. Any person or firm who shall have in operation a water sprinkler system for fire prevention and/or control shall: i. Incur all costs of installation of the system on the premises and shall incur all costs of running water trunk lines off the premises in excess of the cost to the City of placement of potable water mains of a diameter larger than would ordinarily be placed by the City in the event there were no water sprinlder system for fire prevention. ii. Pay to the City an annual charge per system per building up to and including 500 sprinlder heads.Sprinlder heads in excess of 500 shall be billed per sprinkler head. The annual charge and per sprinkler head charge shall be detrerminined by City Council from time to time. B. The annual fee shall be prorated during the first year of hook-up. C. The fire suppression system back flow device shall be tested annually and a copy of such test shall be given to the Building Official within 30 days.of such a test.A failed back flow device shall be corrected within 14 days of discovery by the customer. 55.20 LIEN A. In addition to the provisions heretofore set forth,in the event the charges for potable water services are not paid within 30 days after rendition of the bill for the service,the charges shall be deemed and are declared to be delinquent;and thereafter the delinquency shall constitute a lien upon the real estate for which the service is supplied;and the City Manager is authorized and directed to file sworn statements showing the delinquency(ies) in the office of the Clerk of the Circuit Court in,and for,the County;and the filing of the statements shall be deemed notice of the lien of such charges for the service.This statement shall contain the legal description of the premises served,the amount of the unpaid bill,and a notice that the City claims a lien for this amount as well as for all charges for potable water served subsequent to the period covered by the bill. B. If the consumer of potable water whose bill is unpaid is not the owner of the premises, and the City Manager has notice of this,notice shall be mailed to the owner of the premises,if his/her address is known to the City Manager,whenever the bill remains unpaid for a period of 60 days after it has been rendered., • C. The failure of the City Manager to record the lien claim or to mail the notice,or the failure of the owner to receive the notice,shall not affect the right to foreclose the lien for the unpaid potable water bill as mentioned in sub-Ordinance 21. 55.21 FORECLOSURE OF LIEN A. Property subject to a lien for unpaid potable water charges shall be sold for nonpayment of the same;and the proceeds of the sale shall be applied to pay the charges,after deducting costs,as in the case of the foreclosure of statutory liens.The foreclosure shall be by bill in equity in the name of the City. -14- OR BK 9999 PG 1869 Page 15 of 17 B. The City Attorney is authorized and directed to institute the proceedings in the name of the City in any court having jurisdiction over such matters against any property for which the potable water bill has remained unpaid 60 days after it has been rendered,and the owner shall be liable for all costs,including a reasonable attorney fee. 55.22 MISCELLANEOUS PROVISIONS 55.22.1 Water Pressure Not Guaranteed Neither the City nor its Utilities Department guarantees an uninterrupted supply of potable water or water of any particular pressure for any purpose,but reserves and shall have the right to shut off potable water at any time for the purpose of making repairs or extensions,or for any other purpose incidental to the public potable water supply,and will not be responsible for any damage resulting from a consumer error,or otherwise caused by low/high pressure. 55.22.2 City's Right to Disconnect The Water Department shall have the right to disconnect potable water from a parcel at the main for the protection of the City or the consumer in cases where a private system has been illegally installed or a building has burned or has been torn down or when the consumer has been found to be using potable water illegally and to assess the regular schedule of fees for restoration of service. 55.22.3 Liability of the City for Damages due to Water Pressure The City guarantees no certain water pressure and shall in no case be in any way liable or responsible to any persons whatsoever in case of fire,or for any damage that may result from any alleged insufficiency of such fire protection,either from want of pressure or volume,excess pressure or volume,accessibility or for any other costs. f s 55.22.4 City Not Responsible for Water Loss for Leaks on Private Property The City shall not be responsible for any loss of water from leaks,breaks,or otherwise on private property.The City shall not be responsible for any loss of water due to customers failed water delivery system and shall be under no obligation to make billing adjustments for such leaks. 55.22.5 City Water Restrictions The City of Zephyrhills shall follow the water restrictions adopted by Pasco County. 55.23 CITY POLICY FOR CROSS-CONNECTION CONTROL 55.23.1 Authority The intent of this policy is to establish parameters and procedures for eliminating existing cross- connections and preventing future cross-connections within the city's potable water system.The Florida Department of Environmental Protection Rules and Regulations F.A.C.62-555.360,and American Water Works Association,M14 provides legal authority for establishing a cross- connection control program.The City of Zephyrhills Cross Connection Control Manual is the guiding document for this section and is incorporated herein by reference. t_:? 55.24 PENALTY A. Any person who violates any provision of this Ordinance for which no penalty is otherwise provided shall be guilty of a misdemeanor and shall be punished by a fine not exceeding$500 or imprisonment for a term not exceeding 60 days,or both the fine and imprisonment.Except where otherwise provided,every day any violation of this Ordinance shall continue shall constitute a separate offense. B. Any person violating the provisions of sub-Ordinance 18 shall,upon conviction thereof, be punished by a fine up to$500 and/or by imprisonment for a period of 30 days or both. -15- OR BK 9999 PG 1870 Page 16 of 17 C. Any person convicted of a violation of sub-Ordinances 7.3.1.D,8,or 13 shall be guilty of a misdemeanor by the second degree and punished as provided by the Florida Statutes. 55.24.1 Penalty for Unauthorized Extension Any unauthorized or unapproved extension or use of the potable water system for the purpose of avoiding the accurate metering of potable water shall be deemed a misdemeanor punishable by a fine in an amount not to exceed$1,000 and incarceration in the County Detention Center for a period not to exceed 30 days.In addition,the City may assess a civil penalty in an amount no less than the revenue determined to have been lost,but not in an amount to exceed twice the revenue determined to have been lost as a result thereof.In addition,the City Manager may deny to anyone convicted of a violation of this sub-Ordinances 10.5.1 through 10.5.8 of this Ordinance the privilege of the dual meter system of billing. 55.24.2 Penalty for Water Meter Violation In the event any user shall fail or refuse to comply with this sub-Ordinance after notice by the City Manager of noncompliance,of what is required to comply,and that unless the user/owner shall comply with this sub-Ordinance within 30 days after such notice,potable water service will be discontinued,the City Manager shall,at the expiration of such 30-day period,discontinue potable water service to the consumer. SECTION 3.REPEALER Any ordinance and/or resolution,or part of any ordinance and/or resolution,in conflict herewith is hereby repealed to the extent of any conflict. SECTION 4.SEVERABILITY It is declared to be the intent of the City Council of the City of Zephyrhills,Florida,that if any sub-Ordinance,subsection,sentence,clause,or provision of this Ordinance shall be declared invalid,the remainder of this Ordinance shall be construed as not having contained said sub- Ordinance,subsection,sentence,clause,or provision and shall not be affected by such holding. SECTION 5.INCLUSION IN CODE The provisions of this Ordinance shall become and be made a part of the Land Development Code of the City of Zephyrhills,Florida.The sub-Ordinances of this Ordinance maybe renumbered or re-lettered and the word"ordinance"may be changed to"section","article"or such other appropriate word or phrase in order to accomplish such. EFFECTIVE DATE This Ordinance shall become effective upon passage on the second reading and signing by the Council President and the Mayor. Th0DrAmance.l.N49 was read and passed on the first reading in an open and regular meeting 'gf.the City Councii•df the City of Zephyrhills,Florida, • •is 9'h day of September,4019. Attest i.4 • L.Hilluir.:City Clerk K- eth M.'Burges—s,Jr"Co it President The f2rego' ..( r„inance 1386-19 was read and passed on the second reading,following a public hearipg;;n•an open and regular meeting of the City Coun 1 of the City of Zephyrhills,Florida, onthis•21,`l?day of October,2019. • Attest: y ,ry ��... ;�. Lori L.Hillman,City Clerk :tine •.Burgess,Jr., I eif President 4.) .. -16- OR BK 9999 PG 1871 Page 17 of 17 The foregoing Ordinance 1386-19 was approved by me this 28`h day of October,2019. 40• Gene Whitfi , ayor Approved as to legal form and legal content Matthew E.Maggar ,City Attorney • • • -17-