(A) Responsibility for Collection, Distribution, and Transmission Costs. The City shall allow an applicant to connect to the nearest feasible point as determined by the City. In addition to the water, wastewater, or reclaimed water capital charges, the applicant shall either provide, or pay the capital costs (including land costs) of the required capital improvements for:
(1) The collection of raw sewage within the boundaries of the property owned by the applicant to which the City intends to provide wastewater service capacity;
(2) The transmission of sewage from those boundaries to the City's collection and transmission facilities prior to connection to treatment facilities; and
(3) The transmission and distribution of water or reclaimed water from the City's water treatment facilities to the applicant's property.
(B) Incorporation by Reference of Certain Standards and Procedures. The Code hereby references the document generally known as the City of Palm Bay Utilities Department Policies, Procedures, and Standards Handbook. The City reserves the right to determine the applicability of the items referenced therein. The City also reserves the right to modify, amend, or replace the Policies, Procedures, and Standards Handbook at any time in the future without the need to amend this Section. All rates shall be controlled by the prevailing rate established by this chapter.
(C) Manner of Paying; Payment Prerequisite to Rendering Service. The City requires the payment of contributions, either by cash payments or through the installation of water distribution and wastewater collection facilities by the applicant. The title to such facilities shall be transferred to the Utilities Department upon their acceptance. The requirement for such contributions is declared to be for the purpose of defraying the cost of the water distribution and wastewater collection systems. The payment by the applicant of such contributions to the City shall be a condition precedent to the rendering of service.
(D) Computation. The aggregate value of contributions, either in cash or by utility facilities construction donated by the applicant shall be computed and determined as follows:
(1) On-site Facilities. Each applicant shall be responsible for the design, installation, inspection and testing of complete distribution facilities and collection facilities located in the street or streets, facilities rights-of-way or easements adjoining or within the boundaries of the applicant's property, or the equivalent cost of the same in the event such facilities have been previously designed or installed. The requirement for the installation of oversized lines or facilities, located on the applicant's property and designed to provide service for other properties, may be the subject of a refunding agreement.
(2) Off-site Facilities. The applicant is required to extend service to the existing water distribution/transmission and wastewater collection/ transmission facilities. For the purpose of this policy, the term OFF-SITE shall be defined as those water or reclaimed water distribution and transmission facilities, wastewater transmission facilities, collection facilities or pumping stations necessary to connect the applicant's property with the System adequate in size to transmit to the applicant's property an adequate quantity of water under adequate pressure or transmit wastewater collected on the applicant's property to the treatment plant or disposal site. It is the City's policy to apportion the cost of the off-site facilities pro rata against the properties receiving service from such off-site facilities using the refundable advance approach. Since each applicant draws from the hydraulic capacity of such facilities, the City will require that the applicant install such facilities and pay his property's hydraulic share as a minimum of the cost of the off-site facilities through which service is rendered to the applicant's property. Applicants are required to advance all or a portion of the off-site facilities in order to provide a physical interconnection of the applicant's property with the facilities of the Utility at their then present terminus.
(E) Refundable Advance. The City requires, in many cases, in addition to the contribution provisions set forth herein, a construction cost advance by the applicant to further temporarily defray the cost of any off-site facilities necessary to connect the applicant's property with the then terminus of the facilities adequate in size to provide service as deemed appropriate by the City. The applicant shall always be responsible for his "hydraulic share" of the cost of off-site facilities. However, this Policy recognizes the instances in which an applicant will be required to advance the hydraulic share applicable to other undeveloped property in order that off-site facilities may be constructed to serve the subject property. All amounts expended by the applicant, over and above the hydraulic share for off-site facilities, shall be rebated to the applicant in accordance with the terms and conditions of a rebate agreement which the City will execute. The rebate agreement shall provide for a plan of rebate based upon the connection of other properties, to the extent of their hydraulic share, which properties will be served by the off-site facilities installed by the applicant. Notwithstanding the provisions of this section, the City will limit the life of such rebate agreement to a term of not more than six (6) years, after which time any portion of the rebates not made by the terms and conditions of the rebate agreement will have lapsed and thereafter, such rebate agreement will be canceled. In no event shall the rebate cover an amount greater than the difference between the capitalized cost of such off-site facilities and the applicant's own hydraulic shares of such facilities. The City shall not include any interest upon the rebates.
(F) Main Line Extension Charges. In order to recover those costs associated with the contributed capital portion of the water or reclaimed water distribution and wastewater collection facilities, the City and Utilities Department hereby adopt Main Line Extension Charges as set forth above. Normally, such capital is contributed by the applicant to the City and Utilities Department upon hook-up to the system. For those occasions where the City and Utilities Department or their predecessor completes or has completed the extension from the respective transmission system to the applicant's property, a fee set as follows for the water, wastewater, and reclaimed water system shall be levied and collected from the owner. The fee will be calculated based on the amount of front footage each specific property occupies upon its respective roadway.
Main Line Extension Charges (per linear foot)
Water $18.80
Wastewater $29.63
(G) Time of Payment. All water or reclaimed water distribution and wastewater collection main line extension charges shall be paid prior to connection to a structure to be served by the City or such other time as may be specifically provided by resolution, ordinance, agreement or permit. The City may permit installment payments of any water or reclaimed water distribution and wastewater collection main line fee charges upon such terms and conditions as it deems appropriate.
(H) System Design; Independent Engineers. The City and Utilities Department shall recognize the design of the facilities prepared by a registered professional engineer regularly engaged in the field of sanitary engineering, covering the design of applicant's on-site facilities. Such design shall conform in all respects to the City and Utilities Department's criteria. Such facilities shall ultimately be accepted by the City based on a recommendation by the Utilities Department.
(I) Easement and Rights-of-Way. As a prerequisite to the construction of any facilities proposed to be connected to the System, the applicant shall agree to grant such easements or rights-of-way corresponding with the installation of the proposed facilities. Such grant or conveyance shall be in a form satisfactory to the City.
(J) Inspection. The City shall have the right to inspect the installation of all facilities which are proposed to be transferred to Utilities Department ownership, operation and control, or any other on-site facilities whether or not transferred to the Utilities Department. Such inspections are intended to assure that the collection facilities or distribution facilities are installed in accordance with approved designs and are further consistent with the criteria and specifications governing the kind and quality of such installation.
(K) Testing. The City shall be present at tests of component parts of the collection facilities or distribution facilities for the purpose of determining that the facilities, as constructed, conform to the City's rules and regulations regarding such testing. Such tests will be performed only under the direct supervision of the engineer of record or authorized inspector. The results of such testing shall be certified by the engineer of record or authorized inspector. The City shall be notified at least three (3) working days prior to any inspections or testing performed in accordance with these regulations. Working days shall be Monday through Friday, excluding holidays.
(L) Transfer of Contributed Property; Bills of Sale. Each applicant who has constructed facilities on the applicant's property prior to interconnection with the existing facilities shall convey such component facilities as deemed appropriate by the City to the Utilities Department by bill of sale or other appropriate document in a form satisfactory to the City. Such transfers of title via bill of sale to the Utilities Department shall be free of all liens and encumbrances. The City shall not accept and the applicant shall not transfer any facilities in the category of customer lines, plumber lines or customer's installation located on the property owner's side of the point of delivery of service. Such facilities shall remain the maintenance responsibility of the applicant or subsequent user. Neither the City nor the Utilities Department shall be required to accept title to any component part of the facilities as constructed by the applicant until the Utilities Director has approved the construction of said lines, verified the inspection of the construction, and accepted the test associated with the construction of such facilities. The applicant shall maintain accurate cost records, establishing a construction cost of all water, wastewater, or reclaimed water facilities and such cost information shall be furnished to the City concurrently with the bill of sale. The City may refuse connection and deny the commencement of service to any applicant seeking to be connected to portions of the facilities installed by the applicant until such time as provisions of this paragraph have been fully met by the applicant, or the applicant's successors or assigns.
(M) Severability. If any section, subsection, sentence, clause, phrase, or portion of this Policy is for any reason held invalid or unconstitutional by any court of competent jurisdiction, such portion shall be deemed a separate, distinct and independent provision and such holding shall not affect the validity of the remaining portions thereof.
(N) Mandatory Connection to Palm Bay Utility System Required. Mandatory connection to the System is required for all new building construction where utility mains are within two hundred (200) feet of the property or if septic tank failure as defined in Rule 10D-6, F.A.C. occurs. Furthermore, applicable capital charges shall be paid by the property owner or builder as provided for in § 171.50. Wastewater service from the System shall be deemed available if the System is available as that term is defined in Section 381.0065(2)(a), Florida Statutes (Supp. 1994).
(Ord. 2008-31, passed 5-1-08; Am. Ord. 2008-49, passed 9-4-08; Am. Ord. 2009-40, passed 10-1-09; Am. Ord. 2011-22, passed 3-17-11; Am. Ord. 2011-49, passed 9-22-11; Am. Ord. 2012-25, passed 9-18-12; Am. Ord. 2013-34, passed 6-6-13; Am. Ord. 2015-47, passed 9-24-15)