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Port St. Lucie |
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Code of Ordinances |
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Title VI. PUBLIC UTILITIES |
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Chapter 61. WATER, WASTEWATER AND RECLAIMED WATER RATES |
§ 61.11. Water and wastewater treatment capital charges; adoption; applicability; time of payment; determination of equivalent residential unit factors.
(a)
Adoption. The city hereby adopts and establishes pursuant to general law, water and wastewater capital charges, each of which shall consist of a plant capacity charge, the purpose of which will be to finance capital expenditures and the payment of city indebtedness associated with the expansion of the city's water supply, water treatment, wastewater treatment, and effluent disposal systems. The water and wastewater capital charges imposed per ERC by the city shall be as follows:
Plant Capacity Capital Charges Amount per ERC Water $1,401.00 Wastewater $2,143.00 (b)
Applicability. The city may exempt any customer from the payment of all or a portion of the water and wastewater capital charges to the extent that the city accepts a permanent contribution in aid of construction related to the water supply, water treatment, wastewater treatment, or effluent disposal facilities having a value of not less than the portion of the water or wastewater capital charges being exempted.
(c)
Time of payment. All water and wastewater capital charges shall be paid prior to connection of a structure or structures to be served by the city, or such other time as may be specifically provided by city resolution, ordinance, agreement, or permit; provided, however, that the city may allow the payment of any water or wastewater capital charges in monthly installments and upon any such terms and conditions that the city deems appropriate.
(d)
Capacity reserved to real property. All water and wastewater plant capacity purchased for a real property in accordance with this section shall be reserved only to that specific real property.
(e)
Non-refundable reserved capacity. Any water or wastewater capacities purchased or reserved in accordance with this section shall be nonrefundable; provided however that the utility director may, at his/her sole discretion, authorize exceptions to this section to allow for the refunding of capacities on a case-by-case basis. The manner and timeframe by which the city refunds such capacities shall be at the utility director's sole discretion.
(f)
Determination of equivalent residential unit factors for water and wastewater services.
(1)
For purposes of calculating and imposing the water and/or wastewater capital charges provided for in this section, the ERC factor for any particular connection may be calculated and imposed in the manner provided as follows:
Establishment ERC Factor
Residential:
Single family per meter ..... 1.000
Multi-family master metered:
a.
Up to 750 square feet ..... 0.5000
b.
More than 750 square feet ..... 0.9000
Multi-family non-master metered (same as single family)
Commercial:
Airports, bus terminals, train stations, port and dock facilities:
a.
Per passenger ..... 0.0188
b.
Add per employee per eight hour shift ..... 0.0706
Barber and beauty shops per service chair ..... 0.3529
Bowling alley per lane ..... 0.2353
Country club:
a.
Per resident ..... 0.4706
b.
Add per member or patron ..... 0.1176
c.
Add per employee per eight hour shift ..... 0.0706
Doctor and dentist offices:
a.
Per practitioner ..... 1.1765
b.
Add per employee per eight hour shift ..... 0.0706
Factories, exclusive of industrial wastes (gallons per employee per eight hour shift):
a.
No showers provided ..... 0.0706
b.
Showers provided ..... 0.1176
Flea market open more than three days per week (estimated flows shall be doubled)
Flea market open three or less days per week:
a.
Per nonfood service vendor space ..... 0.0706
b.
Add per food service establishment using single service articles only per 100 square feet ..... 0.2353
c.
Per limited food service establishment ..... 0.1176
Flea market open more than three days per week (estimated flows shall be doubled)
Food operations:
a.
Restaurant operating 16 hours or less per day per seat ..... 0.1882
b.
Restaurant operating more than 16 hours per day per seat ..... 0.2824
c.
Restaurant using single service articles only and operating 16 hours or less per day per seat ..... 0.0941
d.
Restaurant using single service articles only and operating more than 16 hours per day per seat ..... 0.1647
e.
Bar and cocktail lounge:
1.
Per seat ..... 0.0941
2.
Add per pool table or video game ..... 0.0706
f.
Drive-in restaurant per car space ..... 0.2353
g.
Carry out only, including caterers:
1.
Per 100 square feet of floor space ..... 0.2353
2.
Add per employee per eight hour shift ..... 0.0706
h.
Institutions per meal ..... 0.0235
i.
Food outlets excluding delis, bakery or meat department per 100 square feet of floor space ..... 0.0471
1.
Add for deli per 100 square feet of deli floor space ..... 0.1882
2.
Add for bakery per 100 square feet of bakery floor space ..... 0.1882
3.
Add for meat department per 100 square feet of meat department floor space ..... 0.3529
4.
Add per water closet ..... 0.9412
Hotels and motels:
a.
Regular per room ..... 0.4706
b.
Resort hotels, camps, cottages, per room ..... 0.9412
c.
Add for establishments with self service laundry facilities per machine ..... 3.5294
Laundromat per washing machine ..... 1.0000
Mobile home park:
a.
Per single wide mobile home space, less than four single wide spaces connected to a shared onsite system ..... 1.1765
b.
Per single wide mobile home space four or more single wide spaces are connected to a shared onsite system ..... 1.0588
c.
Per double wide mobile home space, less than four double wide mobile home spaces connected to a shared onsite system ..... 1.4118
d.
Per double wide mobile home space, four or more double wide mobile home spaces connected to a shared onsite system ..... 1.2941
Office building:
Per employee per eight hour shift or per 100 square feet of floor space, whichever is greater ..... 0.0706
Transient recreational vehicle park:
a.
Recreational vehicle space for overnight stay, without water and sewer hookup per vehicle space ..... 0.2353
b.
Recreational vehicle space for overnight stay, with water and sewer hookup per vehicle space ..... 0.3529
Service stations per water closet:
a.
Open 16 hours per day or less ..... 1.1765
b.
Open more than 16 hours per day ..... 1.5294
Shopping centers without food or laundry per square foot of floor space ..... 0.0005
Stadiums, racetracks, ballparks per seat ..... 0.0188
Stores, per bathroom ..... 0.4706
Swimming and bathing facilities, public per person ..... 0.0471
Theaters and auditoriums, per seat ..... 0.0188
Veterinary clinic:
a.
Per practitioner ..... 1.1765
b.
Add per employee per eight hour shift ..... 0.0706
c.
Add per kennel, stall or cage ..... 0.0941
Warehouse:
a.
Add per employee per eight hour shift ..... 0.0706
b.
Add per loading bay ..... 0.4706
c.
Self-storage, per unit ..... 0.0047
Institutional:
Churches:
a.
Per seat which includes kitchen flows unless meals prepared on a routine basis ..... 0.0141
b.
If meals served on a regular basis, add per meal prepared ..... 0.0235
Hospitals:
a.
Per bed which does not include kitchen flows ..... 0.9412
b.
Add per meal prepared ..... 0.0235
Nursing, rest homes, adult congregate living facilities:
a.
Per bed which does not include kitchen flows ..... 0.4706
b.
Add per meal prepared ..... 0.0235
Parks, public picnic:
a.
With toilets only, per person ..... 0.0188
b.
With bathhouse, showers and toilets, per person ..... 0.0471
Public institutions other than schools and hospitals:
a.
Per person which does not include kitchen flows ..... 0.4706
b.
Add per meal prepared ..... 0.0235
Schools, day cares, or other child care centers, per student:
a.
Day-type ..... 0.0471
b.
Add for showers ..... 0.0188
c.
Add for cafeteria ..... 0.0188
d.
Add for day school workers ..... 0.0706
e.
Boarding type ..... 0.3529
Work/construction camps, semi-permanent per worker ..... 0.2353
(2)
One equivalent residential unit (ERC) shall, for purposes of this section, have an assigned value of 1.00.
(3)
For wastewater service capacity, one ERC is hereby established and determined to be equal to a flow of 250 gallons of water per day, average annual basis (250 GPD).
(4)
For water service capacity, one ERC is hereby established and determined to be equal to a flow of 250 gallons per day, average annual basis (250 GPD).
(5)
The "total equivalent residential unit value" for an establishment may be calculated by multiplying the ERC factor listed above by the number of units, and shall be rounded up to the nearest 0.1 ERC factor.
(6)
There shall not be less than one ERC reserved for any and all establishments, users or customers that will use metered water or wastewater services of the city.
(7)
For all establishments not listed above, the total equivalent residential unit (ERC) value for service capacity shall be determined by using the following formula:
Total ERC Value = Number of Fixed Units / 20
(8)
Historical flows. The city may accept, for other than single-family residences, metered water use data from similar establishments in lieu of flow estimates based on the ERC factors set forth in subsections (d)(1), (5), or (6). Historical water use data from the city's own billing records will supersede any data submitted from another water or wastewater utility provider. The use of this flow calculation method shall require:
a.
Submittal of copies of the most recent 12 consecutive months of water bills from comparable servicing utilities for a minimum of six separate similar establishments.
i.
Similar establishments shall be considered those that are alike or similar in size, located in a similar geographic environment, and that operate a similar number of days per week and hours per day.
ii.
Similar establishment metered flow values may not be considered reliable indicators of typical water use where one or more of the establishments utilized in the sample has exceeded the monthly flow average for all six establishments by more than 25 percent or where the different establishments demonstrate wide variations in monthly flow totals.
b.
Food operations electing to utilize this method shall require submittal of copies of the most recent 24 months of water bills from comparable servicing utilities for a minimum of six separate similar establishments.
c.
When metered water use data is accepted by the city in lieu of flow estimates based on the ERC factors set forth in subsections (f)(1), (5), or (6), the highest flow that occurred in any month for any of the six similar establishments shall be used for system sizing and plant capacity reservation and line charges if line charges are applicable to the subject property.
(9)
The above ERC schedule applies to establishments being connected to the city water and wastewater.
(10)
Notwithstanding the foregoing, the city reserves the right to review and monitor actual flows, as compared to flows expected to be generated by the calculated ERC value, and upon which capital charges were calculated and paid to the city. For purposes of an accurate review, such monitoring will cover flows generated during three consecutive peak months occurring during the previous six-month period. If actual flows exceed expected flows by ten percent or more, the customer shall promptly pay such additional capital charges for such excess flow as shall be required by the city.
(g)
Capital improvement funds; establishment; expenditure guide-lines; application and pledge to revenue bonds.
(1)
The water capital charges collected pursuant to this chapter shall be deposited into a fund called the Port St. Lucie Water System Capital Improvement Fund and the wastewater capital charges shall likewise be deposited into a fund called the Port St. Lucie Wastewater System Capital Improvement Fund. The water capital charges so deposited shall be used only for capital expenditures and the payment of city indebtedness associated with the expansion of the city's water supply, and water treatment systems and all components thereof and additions thereto, in order to provide additional water treatment capacity or water service capacity to those new customers who connect to the city's water system. The wastewater capital charges so deposited in the above-mentioned fund shall be used only for capital expenditures and the payment of city indebtedness associated with the expansion of the city's wastewater treatment systems, wastewater pumping facilities, effluent disposal facilities, and all components thereof and additions thereto, in order to provide additional sewage treatment capacity, effluent disposal capacity, or wastewater service capacity to those new customers who connect to the city's wastewater system.
(2)
The city may by resolution provide for the application of some or all of the water and/or wastewater capital charges to the payment or security for the payment of revenue bonds issued in whole or in part for the purpose set out in subsection (e)(1), provided that the amount of water and/or wastewater capital charges applied to the payment of such bonds shall not exceed the amount of bond proceeds actually expended for such purpose with interest at the average rate borne by said bonds. Such application or pledge may be made directly in the proceedings authorizing such bonds or in an agreement with an insurer of bonds to assure such insurer of additional security therefore.
(h)
Application; allocation of water and/or wastewater service capacity. No water and/or wastewater service capacity shall be sold pursuant to the water and/or wastewater agreement, nor shall any such agreement be issued until application therefore is received by the city. The city may require any information on said application that it deems reasonable and necessary, and may reject applications it determines are incomplete. Any application for water and/or wastewater service or an agreement shall contain a legal description of the land constituting the service area for which said service is to be provided. The legal description shall include only those lands owned by the applicant for which the water and/or wastewater shall serve. If any such person described hereinabove fails to apply for and purchase water and/or wastewater service capacity under these rules, the city may consider said failure in determining whether or not to grant or deny any development or construction permit or approval or rezoning application filed by said person. The city may by resolution establish a fee for application review payable by applicants.
(Ord. 94-44, passed 9-26-94; Am. Ord. 95-70, passed 11-27-95; Am. Ord. 97-79, passed 10-27-97; Am. Ord. 98-33, passed 6-8-98; Am. Ord. 04-77, § 1, 7-26-04; Am. Ord. 05-53, § 1, passed 3-28-05; Am. Ord. 05-130, § 1, passed 9-26-05; Am. Ord. 06-103, § 1, passed 9-25-06; Am. Ord. 07-132, § 4, 9-24-07; Am. Ord. 08-34, § 1, 5-12-08; Am. Ord. 08-87, § 12, passed 9-22-08; Am. Ord. 10-45, § 1, passed 7-12-10; Am. Ord. 11-66, § 4, passed 9-12-11; Am. Ord. 12-48, § 9, 9-24-12; Ord. No. 13-51, § 4, 9-23-13; Ord. No. 16-62, § 1, 9-26-16; Ord. No. 17-63, § 3, 9-25-17)