§ 19-9. Transmission infrastructure extension fees for water, wastewater and reclaimed water.

(a)

The water and wastewater connection fees that the city currently charges are for recovering the value of the existing water and wastewater plant. They do not include costs of transmission infrastructure extensions necessary to properly serve the city's five-mile utility zone and the planned utility service area. The city needs to establish water, wastewater and reclaimed water TIE fees.

(b)

Definitions. The following definitions shall apply to this section:

TIE fees shall mean fees charged to recover the cost of transmission infrastructure and line extensions necessary to properly serve the city's utilities within its planned utility service area.

Water TIE fee shall mean the fee charged to recover the costs of extending the city's water system including extension of any lines or other improvements necessary to provide service to the extended areas of the city's planned utility service area.

Wastewater TIE fee shall mean the fee charged to recover the costs of extending the city's wastewater system including extension of any lines, pump stations or other improvements.

Reclaimed water TIE fee shall mean the fee charged to recover the costs of extending the city's water reuse system including extension of any lines, pump stations or other improvements.

CIP shall mean capital improvement plan for the extensions and infrastructure contained in the master plans for water, wastewater and reclaimed water.

Point of service shall mean the point within the city's existing water, wastewater or reclaimed water system infrastructure from which new customers will receive their service and needed capacity. For water service, it will be at the water treatment plant and for wastewater service, it will be at the wastewater treatment plant.

ERC is defined as an equivalent residential connection which is 300 gallons per day for water use and 250 gallons per day for wastewater use.

Point of connections shall mean the location on existing or future water, wastewater or reclaimed water piping infrastructure where new customers may connect to obtain service as determined by the city.

Distance factor shall mean the appropriate factor for the distance measured as direct flight distance from the desired point of connection to the point of service.

(c)

There is hereby created a water TIE fee which will be charged in addition to a water connection fee.

(d)

There is hereby created a wastewater TIE fee which will be charged in addition to a wastewater connection fee.

(e)

There is hereby created a reclaimed water TIE fee which will be charged in addition to a reclaimed water connection fee.

(f)

The water, wastewater, and reclaimed water TIE fees will be charged for transmission lines, mains, lift stations and other facilities necessary to serve additional and new water, wastewater, and reuse customers, as the city extends its water, wastewater and reclaimed water systems.

(g)

The city has developed a master plan extension of wastewater, water, and reclaimed water lines throughout the city's planned utility service area.

(h)

The master plan will be amended and updated from time to time by city staff and engineers. The master plan shall cover geographic areas to the northeast, northwest, southeast, southwest and central areas of the city. The regions shall be designated as follows:

Northeast regional service area — NERSA

Northwest regional service area — NWRSA

Southeast regional service area — SERSA

Southwest regional service area — SWRSA

Central regional service area — CRSA

(i)

City staff shall determine the total number of ERC's which may be supported by the extensions contained in the master plan in all of the geographic service areas for water, wastewater and reuse water. City staff shall also determine the estimated costs for capital improvement plan (CIP) costs for the extensions and infrastructure contained in the master plans water, wastewater and reclaimed water.

(j)

TIE fees for water, wastewater and reuse water shall be based on the ten-year CIP cost schedule for the water, wastewater and reclaimed water master plans. The total cost per ERC shall be calculated based on the total line extension infrastructure expenditures required in each of the geographic regions of the city's planned utility service area.

(k)

As a basis determining TIE fees:

(1)

City staff shall prepare a table using system wide approach covering all regions indicating cost per ERC for water service, cost per ERC for wastewater service, and cost per ERC for reclaimed water based upon the CIP cost schedule.

(2)

City staff shall also determine a distance factor to determine differences in TIE fees based upon distance from point of service to location of the developments requesting service.

(3)

The table shall be approved by the city commission by resolution after adoption of this section and may be updated as necessary.

(4)

The values shown in the table shall be adjusted annually based upon the Civil Works Construction Cost Index System developed by US Army Corps of Engineers (COE), to adjust for inflation. This factor will change from time to time. The current civil works construction cost index system readjusts on a quarterly basis. This table and the distance factor shall be the basis for determining TIE fees.

(l)

The city has determined that the developer's cost share per ERC (TIE fee) should be determined as follows:

(1)

The following calculation shall be used:

a.

Total water TIE fee payable by developer = (number of ERCs in development) × (Table water value/$ERC) × (Distance factor from point of service).

b.

Total wastewater TIE fee payable by developer = (number of ERCs in development) × (Table waste water value/$ERC) × (Distance factor from point of service).

c.

Total reclaimed water TIE fee payable by developer = (number of ERCs in development) × (Table reuse water value/$ERC) × (Distance factor from point of service).

(2)

If the developer actually uses more ERCs in the development than initially requested, the city may charge the developer with additional TIE fees using the same calculations.

(3)

If the developer subsequently requires more ERCs, the city will also charge for additional TIE fees using the same calculations.

(m)

Initial TIE fees shall be assessed and paid at the time of application for water, wastewater or reclaimed water service. Any additional TIE fees based upon use of additional ERCs shall be paid within 30 days of demand by the city.

(n)

The following policies shall apply to developments subject to TIE fees:

(1)

Line sizing will be based on the projected build-out flows of the development.

(2)

Developer pays for all engineering and surveying fees, permitting, line testing, FDEP application fees and all necessary controls (features and instrumentation costs) in addition to the cost of materials and construction for all transmission infrastructure extension components required to provide service and not listed in the city's CIP.

(3)

The minimum number of ERCs for which the city shall agree to initially install a CIP identified water main, a force main or a reclaimed water main for the first application for any type of service, will be based on the following formula:

Minimum number of ERC's required for water service (ERC Wmin) = ($WP/LF - Water Main) × (LF) × CCF/($Water TIE)

Minimum number of ERCs required for wastewater service (ERC Wwmin) = ($/LF - Water Main) × (LF) × CCF/($Wastewater TIE)

Minimum number of ERCs required for reuse water service (ERC Rwmin) = ($LF Reuse Main) × (LF) × CF/($Reclaimed Water TIE)

Where:

LF = Distance in feet from the nearest city's transmission infrastructure;

CCF = City's cost recovery factor based on future upsizing needs; and,

Water, wastewater and reclaimed water TIE fees shall be set by resolution.

(4)

Developer has to deed or provide an easement to the city centered over the dedicated utility mains and appurtenances.

(5)

City may pay for upsizing of piping if:

a.

A larger pipe is required within the next ten years and is outlined in the city's capital improvement plan (CIP); and,

b.

If the developer reserves capacity by paying 50 percent of the connection fee at the time of making application to the city requesting water, wastewater and/or reclaimed water service or at the time or execution of a developer's agreement.

c.

Developer agrees to secure all the permits required by any applicable regulatory agency required for this development in a timely manner to comply with a two-year time frame.

d.

Developer agrees to provide all actual receipts for the cost of construction for the "upsized" pipe.

e.

The constructed "upsized" piping meets all the regulatory and testing requirements (federal, state and local) before placing it into service. The city inspectors will have the final authority of approving or disapproving the installation.

(6)

If the line extension is a part of a CIP budget as a line item, then city will share the cost. If not in the CIP budget (ten-year budget), then the city is not obligated to share the cost.

(7)

Application for transmission infrastructure improvements and line extensions will be accepted only when filed by the owner of public record of the property that the extension will serve.

(8)

Transmission infrastructure improvements and extensions will not be scheduled for construction until all conditions and contractual obligations set out in a developers agreement have been fully complied with by the developer

(9)

Transmission infrastructure improvements and extensions will normally be assigned for construction in the order in which all requirements as herein outlined have been met; however, the city may vary such assignment in order to integrate timing with other projects that may have been approved and are waiting for construction, and to take due consideration of weather conditions, availability of materials, and immediacy of need.

(10)

Title of ownership in a transmission infrastructure improvement shall at all times be and remain vested in the city.

(11)

Transmission infrastructure shall at all times remain under the sole control and jurisdiction of the city. This includes the right to connect additional customers without the consent of an applicant, make further extensions beyond or running laterally from said extension, or connect said extension with any other portion of the distribution system of the city, without incurring any obligations to an applicant receiving service from said extension except As otherwise agreed to by the city and the developer.

(12)

If additional systems and facilities, such as storage tanks and booster pumps, are required to provide adequate service to a transmission infrastructure extension and only that transmission infrastructure, the cost of such facilities shall be charged to the developer. If such facilities benefit the existing system as a whole or are of a size larger than required (this determination must be based on and/or using standard engineering practices) to service the extension, the city shall absorb the cost of the facilities in excess of that required to serve the applicant's development.

(13)

TIE fees for all ERC's reserved by a developer must be paid at the time of developer's agreement.

(14)

Connection fees for reserving capacity on city's infrastructure must be paid 50 percent at the time of the developer's agreement; 25 percent at the issuance of the permit for construction, and the final 25 percent at the issuance of the certificate of occupancy.

(15)

The city will determine the minimum and maximum number of ERU's available to an individual developer for reservation based on costs and available capacity.

(16)

A schedule of availability of the ERU's permitted to be reserved will accompany every developer's agreement involving connection and TIE fees.

(17)

All developer's agreements must be approved by the city manager who will be responsible for keeping a running schedule of committed water/wastewater and reclaimed water capacity volume.

(Ord. No. 427, §§ 1—14, 2-28-05; Ord. No. O2010-10, § 1, 6-14-2010)

Editor's note

Ord. No. 427, §§ 1—14, adopted Feb. 28, 2005, did not expressly amend this Code; hence, inclusion of its provisions as § 19-9 herein was at the editor's discretion.