CHAPTER 20 UTILITIES ARTICLE I. WATER DEPARTMENT 1 20-1 Definitions Commercial shall mean any usage of water by any person, corporation, partnership, agent or other entity for any purpose or in conjunction with any purpose which is not Residential. Fire Protection shall mean service for fire hydrants and any other use of water by the Fire Department. Industrial [reserved] Metered Rate shall mean permanent service of water through a meter provided, installed and maintained by the Town and shall also mean, where the context requires or implies, the rate charged for water so supplied. Municipal or Public Use shall mean any usage of water by the Town, and shall include any other public use which shall be approved by the Town Council. Residential shall mean any usage of water by any person, corporation, partnership, agent or other entity for any purpose or in conjunction with any purpose permitted in R-l, R-1A, R-2 and non urban residences as defined in Chapter 21, Article VIII, District Regulations, Section 21-37, all as defined in Chapter 21, Zoning. (Ord. No. 90-02, 1, 3/5/90) 20-2 Access to Premises (a) The utility or its duly authorized agents shall at all reasonable times have the right to enter or leave the customer's premises for any purpose properly connected with the service of water to the customer. Any inspection or recommendations made by the utility or its agents on plumbing or appliances or uses of water on the customer's premises, either as the result of a complaint or otherwise, will be made or offered without charge. 20-3 Automatic Fire Service Automatic Fire Service shall be as described in the Southern Standard Building Code, 1979 edition, as provided by Chapter 6 of this Code of Ordinances. 20-4 Billing and Receipt Information Customer's Bills. On each bill for water service rendered by the utility to its customers will be printed in substance the regulation on penalty: "If this bill is not paid by the twentieth (20th) day of this month, a $2 penalty will be added to the next bill." 1 Ordinance reference 104. 20-1
20-5 Bills and Payments (a) Billing of Separate Meters not Combined. Each meter on customers premises will be considered separately and the readings of two or more meters will not be combined unless specifically provided for in the rate schedule, or unless the utility's operating convenience requires the use of more than one meter, or of a battery of meters. The minimum monthly charge for such combined meters will be based on the diameter of the total combined discharge areas of the meters. Payment of Bills (1) Monthly bills are due and payable on presentation. Payment shall be made at the Town Hall, or by mail to the Town of Yankeetown. (2) Not withstanding any other provision of this Chapter, bills are due for payment by the 20th of the month when rendered. (c) Failure to pay by the 20th will require the payment by the utility user of a penalty in an amount set by the City Council by Resolution. The Town shall keep a copy of current penalty provisions for late water payments for inspection by all customers and prospective customers at Town Hall. If the bill is not paid by the regular billing date of the month following the month of rendering, the utility service shall be discontinued on the 20th day of the month subject to state law. Rendering of Bills (1) Meters will be read monthly, and no bills shall be fore less than the monthly minimum fee set by the Town Council. (2) Bills for water service will be rendered monthly unless otherwise provided in the rate schedule. (3) For metered service, if actual use is greater than the monthly minimum, the charge shall be based on actual consumption. (Ord. No. 89-04, 1, l/8/90)(ord. No. 89-01, 1, 2/6/89) 20-6 Control Valves The customer shall install a suitable valve, as close to the meter location as practicable, the operation of which will control the entire water supply from the service. The operation by the customer of the curb stop in the meter box is not permitted. 20-7 Credit Establishment (a) New Credit. Each applicant, before receiving metered service, shall be required to establish his credit by either of the following methods: (1) A cash deposit to secure payment of his water bills as in the regulations on deposits. (2) Use of service for more than a year by a property owner during the last twelve (12) months of which the customer paid all water bills promptly without disconnection for non-payment. Re-establishment of Credit. To re-establish his credit, a customer shall be required to pay all back bills up to the time service was discontinued. He shall be 20-2
required to pay a reconnection charge and make a cash deposit as described in the regulation on deposit. 20-8 Cross Connections (a) Backflow Protection on Additional Water Supply Lines. Whenever backflow protection has been found necessary on water supply line entering a customer's premises, then any and all water supply lines from the utility's mains entering such premises, buildings or structures shall be protected by an approved backflow device, regardless of the use of the additional water supply lines. Discontinuance of Service for Defective Apparatus. The service of water to any premises may be immediately discontinued by the utility if any defect is found in the protective devices, or if it is found that cross connections exist. Service will not be restored until such defects are corrected. (c) Health Regulations. Regulations of the Florida State Board of Health (HRS) prohibit cross connections between the public water supply and any unapproved source of water. (d) Inspection of Backflow Protective Devices. The approved backflow protection devices may be inspected and tested periodically for water tightness by the utility. In addition, the regulations of the State Department of Health require that the owner of any premises on which or on account of which check valves or other protective devices are installed, shall inspect these devices for water tightness and reliability at least every three (3) months. The devices shall be serviced, overhauled or replaced whenever they are found defective and all costs of repair and maintenance shall be borne by the customer. (e) Plumbing Changes Required. In special circumstances, when the customer is engaged in the handling of especially dangerous or corrosive liquids or industrial or process waters, the utility may require the customer to eliminate certain plumbing or piping connections as an additional precaution and as a protection to the backflow preventive devices. In making plumbing connections, the customer shall be guided entirely by local or state plumbing ordinances and not by the utility. (f) Protection Against Interstreet Main Flow. Two or more services supplying water from different street mains to the same building structure or premises through which an interstreet main flow may occur, shall have a standard check valve on each water service to be located adjacent to and on the property side of the respective meters. Such check valves shall not be considered adequate if backflow protection is deemed necessary to protect the utility's mains from pollution or contamination, but the installation of approved dual backflow devices at such meters shall take the place of, and satisfy the requirements for, standard check valves. (g) Relief Valve Required. As a protection to the customer's plumbing service, a suitable pressure relief valve must be installed and maintained by him, at his expense, when check valve or other protective devices are used. The relief valve shall be installed between the check valve and the water heater. (h) Utility Requirements. To comply with the regulations of HRS, the utility will require the installation of approved or physical separation between systems, by and at the expense of the customer before service will be granted under any of the following conditions: 20-3
(1) Where an unimproved fresh water supply is already available from a well, spring, reservoir or other source. If the customer agrees to abandon this other supply and agrees to remove all pumps and piping necessary for the utilization of this supply, the installation of backflow protection devices will not be required. (2) Where salt water, or water otherwise polluted, is available for industrial or fire protection purposes, or where fresh water hydrants are or may be installed on piers or docks. (3) Where the premises are not or may be engaged in industrial processes using or producing process waters or liquid industrial wastes, or where the premises are or may be engaged in handling sewage or any other dangerous substance. (4) Where the circumstances are such that there is special danger of backflow of sewage or other contaminated liquids through plumbing fixtures or water using or treating equipment, or storage tanks and reservoirs. (5) Where an approved water supply line terminates as a pier head cutlett which is used to supply vessels at piers or waterfronts. These installations shall be located where they will prevent the return of any water from a vessel or any other source into the approved water supply line. 20-9 Damage to Utility Property The customer shall be liable for any damage to a meter or other equipment or property owned by the utility which is caused by an act of the customer or his tenants, agents, employees, contractors, licensees or permittees, including the breaking or destruction of locks by the customer or others on or near a meter, and any damage to a meter that may result from hot water or steam from a boiler or heater on the customer's premises. The utility shall be reimbursed by the customer for any such damage promptly on a presentation of a bill. Such bill shall be treated as a water bill as provided in Section 20-5. 20-10 Deposits (a) Credit. The amount required to establish or re-establish credit for service shall be set by the Town Council by resolution, with a copy of the current rates to be kept in the Town Hall for inspection by all prospective customers. Disposition of Deposits. The Town Council of the Town of Yankeetown may, by resolution, establish a policy for refunding deposits. A copy of the current refund policy, if any, shall be retained in the Town Hall at all times, and shall be available for review by any customer of the utility during normal working hours of the Town Hall. (c) Unpaid Accounts. Deposits described herein may be applied to unpaid bills for water service when such service has been discontinued. The utility shall require the customer to re-deposit a specified amount before rendering water services again. (d) (Ord. No. 90-02, 2, 3/5/90) 20-11 Discontinuance of Service (a) Customer Requests for Service Discontinuance. (1) A customer may have his water service discontinued by notifying the utility reasonably well in advance of the desired date of discontinuance. He will be required to pay all water charges until the date of such discontinuance. 20-4
(c) (d) (e) (f) (2) If notice is not given, the customer will be required to pay for water service for the remainder of the monthly period immediately after the utility has learned that the customer has vacated the premises or otherwise has discontinued service. Fraud and Abuse. The utility shall have the right to refuse or to discontinue water service to any premises to protect itself against fraud or abuse. Non-Compliance. The utility may, unless otherwise provided, discontinue water service to a customer for non-compliance with any of these regulations if the customer fails to comply with them within five (5) days after receiving written notice of the utility's intention to discontinue service. If such non-compliance affects matters of health and safety, and conditions warrant, the utility may discontinue water service immediately. Non-payment of Rills. (1) Discontinuance of service for non-payment of bills shall be governed by Section 20-5. (2) Discontinuance of service shall also be applicable for non-payment of a bill arising out of service at a prior location, subject to the time periods set forth in Section 20-5. (3) Non-payment of bills for service at any one location shall entitle the utility to discontinue service at all locations maintained by the customer pursuant to the procedures and time schedules set forth in Section 20-5. Restoration - Reconnection Charge. The utility shall make such charge as shall be set by the Town Council by Resolution for any restoration or reconnection of service occasioned by a violation of Chapter 20 of the Code of the Town of Yankeetown. Service Detrimental to Others. (1) The utility may refuse to furnish water and may discontinue service to any premises where the demand is greatly in excess of past average or seasonal use, and where such excessive demands by one customer are or may be detrimental or injurious to the service furnished to other customers. (2) The utility may refuse to furnish water and may discontinue service to any premises where excessive demands by one customer will result in inadequate service to others. (a) Moving of Fire Hydrants or Stand Pipes. When a fire hydrant or stand pipe has been installed in the location specified by the proper authority, the utility has fulfilled its obligation. If a property owner or other party desires a change in the size, type or location of the hydrant or pipe, he shall bear all costs of such changes, without refund. Any change in the location of a fire hydrant or stand pipe must be approved by the proper authority. Use of and Damage to Fire Hydrants and Stand Pipes. No person or persons, other than those designated and authorized by the proper authority, or by the utility, shall open any fire hydrant or stand pipes, attempt to draw water from them or in any manner damage or tamper with them. Any violation of this regulation will be prosecuted according to law, begin a misdemeanor of the first degree. 20-13 Interruptions in Service The utility shall not be liable for damage resulting from an interruption in service. Temporary shutdowns may be resorted to by the utility for improvements and repairs. Whenever possible, 20-5
and as time permits, all customers affected will be notified prior to such shutdowns. The utility will not be liable for interruption, shortage, or insufficiency of supply, or for any loss or damage occasioned thereby, if caused by accident, act of God, fire, strikes, riots, war or any other cause not within its control. The utility, whenever it shall find it necessary or convenient for the purpose of making repairs or improvements to its system, shall have the right temporarily to suspend delivery of water and it shall not be liable for any loss or damage occasioned thereby. Repairs or improvements will be prosecuted as rapidly as is practicable and, so far as possible, at such times as will cause the least inconvenience to the customers. 20-14 Meter Error Prior to installation, each meter will be tested and no meter found to register more than two percent (2%) fast or slow under conditions of normal operation will be placed in service. (a) Adjustment of Bills for Meter Error. When upon test, a meter is found to be registering more than two percent (2%) fast; more than twenty-five percent (25%) slow for the residential users; more than five percent (5%) slow for non-residential users; or, is found to be non-registering, the customer's bill will be adjusted to reflect the average bill for that customer over the prior six (6) months usage. On Customer Request. (1) A customer may, giving not less than one week's notice, request the utility to test the meter serving his premises, and the utility shall perform such tests. (2) A written report giving the results of the test will be shown to the customer within ten (10) days after the completion of the test. (3) If a meter is tested and found to be accurate or found to be registering less than two percent (2%) fast; less than twenty-five percent (25%) slow for the residential users; less than five percent (5%) slow for non-residential users or, is found to be registering, after a customer's request for testing, the customer shall be liable for all costs incident to said test. 20-15 Multiple Units (a) Number of Services to Separate Premises. Separate premises under single control or management will be supplied through individual service connections unless the utility elects otherwise. A Single Commercial Undertaking shall have one service connection and one meter, unless the utility elects otherwise. 20-16 Notices (a) To Customers. Notices from the utility to a customer will normally be given in writing, and either delivered or mailed to him at his last known address. Where conditions warrant and in emergencies, the utility may resort to notification either by telephone or messenger. To Utility. Notices from the customer to the utility shall be given by him or his authorized representative in writing at the Town Hall. 20-17 Pools and Tanks When an abnormally large quantity of water is desired for filling a swimming pool or for other purposes, arrangements must be made with the utility prior to taking such water. Permission to take water in unusual quantities will be given only if it can be safely delivered through the utility's facilities and if other consumers are not inconvenienced. 20-18 Responsibility for Equipment 20-6
The customer shall, at his own risk and expense, furnish, install and keep in good and safe condition all equipment that may be required for receiving, controlling, applying and utilizing water and the utility shall not be responsible for any loss or damage caused by the improper installation of such water equipment, or the negligence, want of proper care or wrongful act of the customer or of any of his tenants, agents, employees, contractors, licensees or permittees in installing, maintaining, using, operating or interfering with such equipment. The utility shall not be responsible for damage to property caused by spigots, faucets, valves and other equipment that are open when water is turned on at the meter, either when the water is turned on originally or when turned on after a temporary shutdown. 20-19 Service Connections and Meters (a) Changes in Meter Size. Permanent changes in the size of meters on existing services will be made with a charge to the customer for the cost of the work necessitated by the change. Changes in Service Location. Meters or services moved for the convenience of the customer will be relocated at the customer's expense. Meters or services moved to protect the utility's property will be moved at the utility's expense. (c) Connections. (d) (e) (1) The utility will furnish and install a service of such size and at such location as the applicant request, provided such requests are reasonable; the service will be installed from its water distribution main to the curb line or property line of the premises which may abut on the street, or other thoroughfares, or on the utility right-of-way or easement. Charges for new services are payable in advance and shall be base upon the actual cost of the installation, as established by the Town Council by Resolution. (2) Advance notice must be given as other than standard (5/8" x 3/4") meters and yokes are not generally carried in stock. (3) No meter smaller than standard 5/8" x 3/4" will be installed. (4) Only duly authorized employees or agents of the utility will be permitted to install a service connection from the utility's main to the customer's premises. Maintenance. The service connection, including the meter, meter box, and yoke will be repaired and maintained by the utility at its expense except for damage cause by the property owner, his agent or tenant. The utility is not responsible for the installation and maintenance of water lines beyond the end of its service. Meters. (1) Meters when authorized, will be installed at the curb, at the property line, or in sidewalk, and shall be owned by the utility. (2) No rent or other charge will be paid by the utility for a meter or other facilities; including housing and connections, located on a customer's premises. (3) All meters will be sealed by the utility at the time of installation, and no seal shall be altered or broken except by one of its authorized employees or agents. (4) The utility reserves the right to meter service and apply the established metered rates. 20-7
(f) Ownership. The service connection, whether located on public or private property, is the property of the utility, and the utility reserves the right to repair, replace and maintain, as well as to remove it upon discontinuance of service. 20-20 Service Area The service are shall consist of the area within Town limits identified on the Future Land Use Map as the Urban Area south of C.R. 40. No service shall be provided North of C.R. 40, except at the developer's expense. No well shall be used for household or commercial usage within the service area. (a) Application for Service. (1) Application. Each applicant for water service will be required to sign a form provided by the utility, setting forth: a. The date of application. b. The location of the premises to be served. c. The date on which the applicant will be ready for service. d. The address to which bills are to be mailed. e. Whether the applicant is an owner or tenant of, or agent for, the premises. f. An application does not bind the utility to give service, except under reasonable conditions. Description of Service. (1) Supply. The utility will exercise reasonable diligence and care to deliver a continuous and sufficient supply of water to the customer at a proper pressure and to avoid any shortage or interruption in delivery. (2) Quality. When furnished for human consumption, the utility will endeavor to supply a safe and potable water at all times. (3) Classes of Service. All services installed by the utility will be classified as follows: a. Residential. b. Commercial. c. Industrial. d. Municipal or public use. e. Fire protection. (4) Types of Service. The type of service available from the utility is: a. Metered rate. 20-21 Special Contracts Contracts, other than applications may be required prior to service, under the following conditions: (a) When required by provisions contained in a filed rate schedule. The duration of the contract will be that specified in the schedule. When construction of special extension facilities is necessary. (c) For temporary service. (d) For standby service or fire service. 20-22 Temporary Service (a) Charge for Water Served. Charges for water furnished through a temporary service connection shall be at the established rates for other customers. 20-8
(c) (d) (e) Installation Charge and Deposits. The applicant for temporary service will be required: (1) To pay the utility, in advance, the estimated cost of installing and removing all facilities necessary to furnish such service, or, at the utility's option, if service is supplied through a fire hydrant, the applicant will be charged in accordance with the following rates established by the Town Council by resolution: (2) To deposit an amount sufficient to cover bills for water use during the entire period such temporary service may be used, or to otherwise establish his credit. (3) To deposit with the utility an amount equal to the value of any equipment loaned by the utility to such applicant for use on temporary services. Responsibility for Meters and Installation. The customer shall use all possible care to prevent damage to meter or to any loaned facilities of the utility which are involved in furnishing the temporary service from the time they are installed until they are removed or until 48 hours notice in writing has been given to the utility that the contractor or other persons is through with the meter or meters and the installation. If the meter or other facilities are damaged, the cost of making repairs shall be paid by the customer. Temporary Service on a Fire Hydrant. If temporary service is supplied through a fire hydrant, a permit for the use of the hydrant shall be obtained from the Town Council, unless the installation is of a type that does not preclude the use of the fire hydrant for the fighting of fires. It is specifically prohibited to operate the valve of any fire hydrant other than by the use of a spanner wrench designed for this purpose. Time Limit. Temporary service connections shall be disconnected and terminated within six (6) months after installation unless an extension of time is granted in writing by the utility. 20-23 Water Rates Water rates shall be established by the Town Council by Resolution and shall be amended from time to time as required by changes in costs. Copies of the current rates shall be maintained in the Town Hall at all times, and shall be available for review by any customer of the utility during the normal working hours of the Town Hall. 20-24 Water Waste Where water is wastefully or negligently used on a customer's premises, seriously affecting the general service, the utility may discontinue the service if such conditions are not corrected within five (5) days after giving the customer written notice. ARTICLE II. UTILITY TAXES 20-25 Taxes Levied (a) There is hereby imposed and levied by the Town of Yankeetown a tax on every purchase of electricity within the corporate limits within the Town of Yankeetown in the amount of seven (7%) percent of the monthly recurring customer charge for electricity as collected by the Seller of electric service from the purchaser. There is hereby imposed and levied by the Town of Yankeetown, as allowed by law, a tax on every purchase of telecommunications service within the corporate limits of the Town of Yankeetown in the amount of seven (7%) percent of the monthly recurring customer charge for each service as collected by the Seller of telecommunications services from the purchaser. 20-9
20-26 Exemptions (a) The purchase of the taxable items by the United States government, the State, any other public body as defined in section 20-1, or a non-profit corporation or cooperative association organized under Chapter 617 which provides water utility services to no more than 13,500 equivalent residential units, ownership of which will revert to a political subdivision upon retirement of all outstanding indebtedness and shall exempt purchases by any recognized church in this state for use exclusively for church purpose. Purchases of local telephone service or other telecommunications service for use in the conduct of telecommunications service for hire or otherwise for resale are exempt from the taxation as levied herein. 20-27 Definitions "Telecommunication service" means purchases within the municipality of telecommunications service which originates and terminates in this state, excluding public telephone charges collected on site, charges for any foreign exchange service of any private line service except when such services are used or sold as a substitute for any telephone company switched service communication path, access charge and any customer access line charges paid to a local telephone company. However, telecommunications service as defined in Fla.Stat. 203.012(5) shall be taxed only on the monthly recurring customer service charge excluding variable usage charges. 20-28 Seller Compensation For purposes of compensating the Seller of electricity and telecommunications service, the Seller of such utilities shall each be allowed one percent (1 %) of the amount of tax collected and due to the Town of Yankeetown in the form of a deduction from the amount collected for remittance. The deduction shall be allowed, as compensation for keeping of records and collection of tax and remitting the same to the Town of Yankeetown. 20-29 Collection It shall be the duty of every Seller of electricity and telecommunications service within the corporate limits of the Town of Yankeetown to collect from the purchaser thereof for the use of the City, the tax hereby levied at the time of collecting the selling price and to report and pay over on or before the last day of each calendar month to the Town of Yankeetown, all such taxes levied and collected during the preceding calendar month. It shall be unlawful for any Seller to collect for any utility service without, at the same time collecting a tax hereby levied, unless such Seller shall elect to assume and pay such tax without collecting the same from the purchaser. Any Seller failing to collect such tax at the time of collecting for such utility service where the Seller has not elected to assume and pay such tax shall be liable to the Town for the amount of such tax; provided, however, that the Seller shall not be liable for the payment of such tax upon collected bills. Subject to state law and regulation, if any purchaser shall fail, neglect or refuse to pay for such utility service, including the tax imposed, the Seller shall have the right and is hereby authorized and empowered to immediately discontinue further service to such purchaser until the tax and the Seller's bill shall have been paid in full. 20-30 Records, Monthly Records, Payment to City Each Seller shall keep complete records showing all sales int he Town of such commodities or services, which records shall show the price charged upon each sale, the date thereof and the date of payment therefore, and said records shall be kept open for inspection by the duly 20-10
authorized agents of the Town during business hours on all business days and said duly authorized agents of the Town shall have the right, power and authority to make such transcripts thereof as required for the proper supervision and enforcement of the terms of this Ordinance. In addition to making such records available for inspection, every Seller is hereby required to execute and file not later than the last day of each month in Town Hall, Town of Yankeetown, a statement setting forth the amount of such tax to which the Town became entitled under the provisions of this Ordinance on account of bills paid by purchasers during the preceding month and, contemporaneously with the filing of said statement, shall pay the amount of such tax to the Town of Yankeetown. 20-31 Violations and Penalties Any purchaser willfully failing or refusing to pay the tax hereby imposed where the Seller has not elected to assume and pay such tax, and any Seller violating any of the provisions or terms of this Ordinance or any officer, agent or employee of any Seller who shall violate any of the terms or provisions of this Ordinance shall, upon conviction thereof, be subject to the penalties provided in Chapter 1, Article VII of the Yankeetown Code of Ordinances. 20-32 Notice of Change of Boundaries The Town of Yankeetown shall notify, in writing, any known Seller of items taxable hereunder of any change in boundaries of the Town of Yankeetown or in the rate of taxation. 20-33 Pledge of Utility Tax Proceeds The Town Council may, by resolution, pledge all or a portion of any proceeds received from its utility service taxes to a specific program, fund, improvement or other use beneficial to the Town of Yankeetown, Florida. Absent a specific pledge of the net proceeds of the utility service tax to another use, said proceeds shall be dedicated to the Town of Yankeetown's general funds. (Ord. No. 95-06, 1, 2 and 3, 10/18/95) (Ord. No. 90-03, 1, 2/27/90) 20-11