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HomeMy WebLinkAboutR-43373RESOLUTION NO. { A RESOLUTION SETTING FORTH THE PRELIMINARY SCHEDULES OF REVISED RATES, FEES AND, OTHER CHARGES FOR THE USE OF, AND FOR TIIE SERVICES AND FACILITIES FURNISHED OR TO BE FURNISHED BY, THE SEWAGE DISPOSAL SYSTEM OF THE CITY OF MIAMI, THE REVENUES OF WHICH SYSTEM ARE TO BE PLEDGED TO TIIE PAYMENT OF SEWER REVE- NUE BONDS TO BE ISSUED UNDER THE PROVISIONS. OF AN ORDINANCE WHICH HAS BEEN INTRODUCED AND IS NOW PENDING BEFORE THE CITY COMMIS- SION, AND PROVIDING FOR A PUBLIC HEARING ON SUCH SCHEDULES AND FOR PUBLICATION OF NOT/Cr THEREOF WHEREAS, at the regular meeting of the City Commission held on March 16, 1972 an ordinance entitled: "AN ORDINANCE AUTHORIZING TIIE ISSUANCE, UNDER THE PROVISIONS OF THE MIAMI SANITARY SEWER FINANCING ACT, OF NOT EXCEEDING $16,500,000 SEWER REVENUE BONDS OF THE CITY OF MIAMI, PAYABLE SOLELY FROM REVENUES OF THE SEWER SYSTEM, TO PROVIDE FUNDS, TOGETHER WITH ANY OTHER AVAILABLE FUNDS, FOR (RE- FUNDING ALL OF THE OUTSTANDING SEWER REVENUE BONDS (SERIES 1953) AND FOR PAYING A PART OF THE COST OF EXTENSIONS AND IMPROVEMENTS OF THE SEWAGE DISPOSAL SYSTEM OF TIIE CITY; PROVIDING; FOR THE. ISSUANCE OF ADDITIONAL SEWER REVENUE BONDS FOR PAYING THE COST OF ADDITIONAL EXTENSIONS AND IMPROVEMENTS OF THE SEWAGE DISPOSAL SYSTEM AND TIIE COST OF SEWER IMPROVEMENTS AND, IF TIIEN AU- THORIZED BY LAW, OTHER SEWER PROJECTS; PROVIDING THAT SUCH SEWER REVENUE BONDS SHALL NOT CONSTITUTE A DEBT OF THE CITY OR A PLEDGE OF ITS FAITH AND CREDIT; REQUIRING CONNECTIONS WITH SANITARY SEWERS; PROVIDING FOR THE IMPOSITION AND COLLECTION or RATES, FEES AND CHARGES FOR THE USE OF THE SERVICES AND FACILITIES OF SUCII SEWAGE DISPOSAL SYSTEM AND ANY SUCH SEWER IMPROVEMENTS AND OTHER SEWER PROD CTS, AND FOR THE CREATION OF CERTAIN SPECIAL FUNDS; PLE1;n- ING TO THE PAYMENT OF THE PRINCIPAL OF AND THE INTER- EST ON SUCH SEWER REVENUE BONDS THE NET REVENUES OF SUCH SYSTEM AND ANY SUCH SEWER IMPROVEMENTS AND SEWER PROJECTS; APPOINTING THE TRUSTEE AND PRESCRIB- ING ITS POWERS AND DUTIES; SETTING; FORTH THE RIGHTS AND REMEDIES OF THE HOLDERS OF SUCH BONDS" (herein called the "Ordinance") was introduced and passed on first reading; and WHEREAS, under the provisions of the Miami Solitary Sewer Financing Act (Chapter 23407, Special Laws of Florida, 1945) it is necessary to adopt a resolution setting forth the preliminary sched- ules of revised rates, fees and other charges for the use of, and for the services and facilities furnished or to be furnishei by, the CITY COMMISSION MEETING OF MAR 161972 113100111MIV3 3?„3 • disposal system of the City of Miami, the revenues of which in are to be pledged to the payment of sewer revenue bonds to issued under the provisions of said ordinance, and to hold a pub - hearing on such schedules after due notice thereof; NOW, THEREFORE, BE IT RESOLVED BY THE COMMISSION OP THE CITY OF MIAMI, FLORIDA: Section 1. That, subject to any modifications or amend- ments which may be made by the City Commission after the public hearing hereinafter ordered, the revised rates, fees and charges (herein sometimes called the "sewage disposal service charges") for the use of, and for the services and facilities furnished or to be furnished by, the Sewage Disposal System of the City, to be paid by the owner, tenant or occupant of each lot or parcel of land which may be connected with or may use the Sewage Disposal System by or through any part of the Sewer System of the City, and the rates, fees and other charges (herein sometimes called the "sewer improve- ment service charges") for the use of, and for the services and facilities furnished or to be furnished by, any Sewer Improvements financed under the provisions of the Ordinance, to be paid by the owner, tenant or occupant of each lot or parcel of land which may be connected with or may use such Sewer Improvements, shall be based or computed upon the quantity of water used on or about such lots or parcels of land as determined by gauging or metering, and shall be as follows: SEWAGE DISPOSAL SERVICE CHARGES: The sewage disposal service charges to be paid by the owner, tenant or occupant of each lot or parcel within the City which may be connected with or may use the Sewage Disposal System and to whom a bill shall be rendered for water furnished by the Waterworks System of the City and used on or about such lot or parcel shall be one hundred forty per centum (140%) of the water bill, whether payable monthly, quarterly or otherwise, based on the schedule of charges for water use now in effect. The City cove- nants that in the event the rates for water furnished by the -2- terworks System of the City Shall at any time be reduced the sewerage charges will be increased by such percentage of the water bill that no reduction will result in the sewer revenues. In the event the rates for water furnished by the Waterworks System of the City shall at any time be increased the sewerage charges may be decreased by such percentage of the water bill that no reduction will result in the sewer revenues. Thn sewage dis- posal service charges in the case of any sewage originating out- side the corporate limits of the City shall be fixed by the Board subject to the approval of the City Commission but shall not be less than one hundred thirty per centum (130%) of such charges within the corporate limits of the City, except as otherwise pro- vided in the last paragraph of this Section. SEWER IMPROVEMENT SERVICE CHARGES: The sewer improvement service charges to be paid by the owner, tenant or occupant of each lot or parcel which may be con- nected with or may use any Sewer Improvements to whom a bill shall be rendered for water furnished by the Waterworks System of the City and used on or about such lot or parcel shall be such rates, fees or charges and shall be imposed for such period of time as shall be fixed by the City Commission under the provisions of the Sewer Financing Act prior to the issuance of such bonds. WATER FURNISHED BY ANY OTHER WATER PLANT AND ENTERING THE SEWER SYSTEM: In the event that metered water shall be furnished by any plant or system other than the Waterworks System of the City for use on any such lot or parcel, bills for sewerage charges shall be computed on the basis of what the water bill would be if the same quantity of water should be furnished by the Water- " works System of the City. In the event that unmetered water shall be furnished by any plant or system (including any privately owned plant) -3- • her than the Waterworks System of the City for use on any such lot or parcel, the owner, tenant or occupant of such lot or parcel shall install at his own expense a meter acceptable to the Director of the Department of Water and Sewers for measuring the quantity of 164S water so used, and bills for sewerage charges shall be rendered monthly and such bills shall be computed on the basis of what the monthly water bill would be if the same quantity of water should be furnished by the Waterworks System of. the City. Pending the installa- tion of such meter the Director of the Department of Water and Sewers shall estimate the quantity of water used on such lot or parcel and render bills to the owner, tenant or occupant for sewerage charges computed on the basis of what the monthly water bill would be .f such estimated quantity of water should be furnished by the Water- works System of the City. CREDIT FOR WATER NOT ENTERING SEWER SYSTEM: In the event that water furnished by the Waterworks pys- tem of the City or by any other plant or system (including any privately owned plant) shall be used regularly on any lot or parcel of land for sprinkling lawns or gardens or for any use for which the water does not enter the Sewer System of the City, the owner, tenant or occupant of such lot or parcel may secure a reduction in the amount of the sewerage charges to be paid by him, as follows: (a) he may install, at his own expense and subject to such regulations as may be prescribed by the Water and Sewer Board, a separate connection with the water main or the lateral serving such lot or parcel and a meter for measuring the water so used, and thereafter the sewerage charges to be paid by the owner, tenant or occupant of such lot or parcel { shall be computed on the basis of what the water bill would be after excluding the quantity of water so used; or (b) he may install, at his own expense and subject to such regulations as may be prescribed by the Water and Sewer -4- Board, a specially designed and constructed sewage meter, acceptable to the Consulting Engineers, for accurately measuring all sewage passing from such lot or parcel to the Sewer System of the City, and bills for sewerage charges shall be computed on the basis of what the water bill would be if the same quantity of water should be furnished by the Waterworks System of the City; or (c) he may receive a credit for such use under rules and regulations which shall be adopted from time to time by the Water and Sewer Board, with the approval of the Con- sulting Engineers. MINIMUM SEWERAGE CHARGES: Each bill for sewage disposal service charges in the case of sewage originating within the City and rendered in con- nection with a monthly water bill shall be for an amount not less than $1.93 and each such bill rendered in connection with a quarterly water bill shall be for an amount not less than $5.79, and in the case of sewage originating outside the corporate limits of the City shall be for an amount not less than $2.50 per month nor $7.50 per quarter. The minimum amount of each bill for sewer improvement service charges rendered in connection with a monthly water bill or in connection with a quarterly water bill shall be fixed by the City Commission under the provisions of the Sewer Financing Act prior to the issuance of the bonds for the Sewer Improvements for which such charges shall be imposed. SEWERAGE CHHARGES PAID BY CITY AND OTHER PUBLIC BODIES OR AGENCIES: There shall be no free services rendered by the Sewer System and, if the City or the County of Dade or any other political subdivision or anv department, agency or instrumentality of any thereof or of the state or federal government shall avail itself of the services and facilities of the Sewer System, it shall pay for the use of such services and facilities at the established rates, and all water used by it (other than water which doer not enter the -5- Sewer System) shall be treasured by meter and the sewerage charges paid by it shall be computed on the basis of what the water bill would be for the quantity of water so used or on a rate resulting from the terms of a formal contract as shown by such meter measure- ment. Revenues received for the services and facilities furnished by the Sewer System to the City or the County of Dade or any other political subdivision or any department, agency or ;.nstrumentality of any thereof or of the state or federal government shall be applied and accounted for in the same manner as other revenues derived from the operation of the Sewer System. INDUSTRIAL USE OF WATER: In cases where the character of sewage from any manufac- turing or industrial plant, building or premises shall be such as to impose a burden upon the Sewage Disposal System in addition to the burden imposed by the average sewage entering the Sewer System of the City, such additional sewage disposal service charges shall be made therefor as the Water and Sewer Board, with the approval of the Consulting Engineers, shall deem to be fair and equitable to meet the additional cost of collection, treatment and disposal of such sewage; or the City Commission may, if it deems it advis- able, compel the owner, tenant or occupant of such manufacturing or industrial plant, building or premises to treat such sewage in such manner as shall be specified by the City Commission before dis- charging such sewage into the Sewer System of the City. COLLECTION OF SEWERAGE CHARGES: The sewage disposal service charges shall be or shall become effective, as to each lot or parcel of land which abuts upon a street in which there is or shall be constructed a sanitary sewer which is connected with the Sewage Disposal System. Sewer improve- ment service charges shall become effective, as to each lot or parcel of land which may be connected with or may use: any Sewer Improvements, upon the placing in operation of the sewer improve- ment to which such lot or parcel may be connected. in all cases -6 • where water is furnished by the Waterworks System of the City, the amount of the sewerage charges shall be included in the bills for water rendered by the City; provided, however, that each such bill shall show separately the amount of the sewage disposal service charges, the amount of any sewer improvement service charges and the amount of the bill for water, and that any partial payment on any such bill shall be applied first to the payment of the bill for water. In all cases where water is furnished by any plant or sys- tem (including any privately owned plant), other than the Water- works System of the City, bills shall be rendered for the amount of such sewerage charges in the same manner as bills are rendered for water furnished by the Waterworks System of the City. If any bill for such sewerage charges as to any premises con- nected with the Waterworks System of the City or any other plant or system shall not be paid within twenty (20) days from the rendition of such bill an additional charge equal to ten per centum (10%) of the amount of such bill may be added thereto. If any such bill , shall not be paid within thirty (30) days from the rendition thereof the City or the person furnishing water for use on such premises shall discontinue furnishing water to such premises and shall dis- connect the same from the Waterworks System of the City or from such other plant or system and the City shall proceed forthwith to recover the amount of such sewerage charges with interest at the rate of six per centum (6%) per annum in such lawful manner as it may deem advisable. If any bill for such sewerage charges shall not be paid within thirty (30) days from the rendition of such bill, the owner, tenant or occupant of such premises shall cease to dispose of sewage or industrial wastes originating from or on such premises by discharge thereof directly or indirectly into the Sewer System of the City until such sewerage charges, with interest, shall be paid, and if such owner, tenant or occupant shall not cease such disposal at the expiration of such thirty (30) days' period, then the Director of the Department of Water and Sewers -7- s shall disconnect such premiser fron the Sewer System of the City. MISCELLANEOUS PROVISIONS: The owner, tenant or occupant of each lot or parcel of land within the City which abuts upon a street or other public rAN way containing a sanitary sewer served or which may be served by the Sewage Disposal System and is not connected with such sanitary sewer, and upon which lot or parcel a building has been or shall be constructed for residential, commercial or industrial use,shall, within thirty (30) days after the construction of all connections to the sewage treatment plant from such sanitary sewer, or within thirty (30) days after the construction of such building, connect such building with such sanitary sewer, and shall cease to use any other method for the disposal of sewage, sewage waste or other polluting matter; provided, however, that it shall not be necessary for the owner, tenant or occupant of any building used for com- mercial or industrial purposes to provide a connection with a sani- tary sewer for the disposal of water the flow of which without treatment through storm sewers or drains into any y public waters would not contribute to the pollution of such waters or be injurious to public health. All such connections shall be in accordance with rules and regulations which shall be adopted from time to time by the Water and Sewer Board, which rules and regulations shall pro- vide a schedule of charges for making such connections and related costs in such reasonable amount, not less than Fifteen Dollars ($15.00), as the Board may fix and establish. The Water and Sewer Board may, subject to the approval of the Consulting Engineers and the City Commission, enter into con- tracts for the treatment and disposal of sewage collected outside of the corporate limits of the City; provided, however, that the charges to be paid therefor shall not be less than an amount which is fair and equitable, taking into account the cost to the City of such treatment and disposal and the cost of the constriction of the Sewage Disposal System. All revenues received pursuant, to such con- -8- s tracts shall be deemed to be Revenues and shall be applied and ac- counted for in the same manner as other Revenues. The sewerage Charges set forth in Ordinance No. 4573, adopted by the City Commission on August 6, 1952, shall continue in effect until the sewerage charges imposed by the Ordinance shall become effective. Section 2. That the City Commission shall hold a public hearing at its regular place of meeting in the City Hall, 3500 Pan American Drive, Dinner Key, Miami, Florida, on the 1th day of April, 1972, at the hour of 10:00 o'clock A.M. at which all users of said Sewage Disposal System and all owners, tenants or occupants of property served or to be served thereby and all others interested shall have an opportunity to be heard concerning the proposed rates, fees and charges. Section 3. That the City Clerk is hereby authorized and directed to cause notice of such public hearing to be published once at least ten (10) days before the date of such hearing in The Miami Herald and The Miami News, newspapers of general circula- tion published in the CITY OF MIAMI, which notice shall be in sub- stantially the following form: NOTICE OF PUBLIC HEARING THE CITY OF MIAMI, FLORIDA NOTICE IS HEREBY GIVEN that, at a meeting of the City Com- mission of The City of Miami, Florida, duly held on March 16, 1972, an ordinance entitled: "AN ORDINANCE AUTHORIZING; THE ISSUANCE, UNDER THE PROVISIONS OF THE MIAMI SANITARY SEWER FINANCING ACT, OF NOT EXCEEDING $16,500,000 SEWER REVENUE BONDS OF THE CITY OF MIAMI, PAYABLE SOLELY FROM REVENUES OF THE SEWER SYSTEM, TO PROVIDE FUNDS, TOGETHER WITH ANY OTHER AVAILABLE FUNDS, FOR RE- FUNDING ALL OF THE OUTSTANDING SEWER REVENUE BONDS (SERIES 1953) AND FOR PAYING A PART OF THE COST OF EXTENSIONS AND IMPROVEMENTS OF THE SEWAGE DISPOSAL SYSTEM OF THE CITY; PROVIDING FOR THE ISSUANCE OF ADDITIONAL SEWER REVENUE BONDS FOR PAYING THE COST OF ADDITIONAL EXTENSIONS AND IMPROVEMENTS OF TIIE SEWAGE DISPOSAL SYSTEM AND THE COST OF SEWER IMPROVEMENTS AND, I,F THEN AU- s THORIZED BY LAW, OTHER SEWER PROJECTS; PROVIDING THAT SUCH SEWER REVENUE BONDS SHALL NOT CONSTITUTE A DEBT OF THE CITY OR A PLEDGE OF ITS FAITH AND CREDIT; REQUIRING CONNECTIONS WITH SANITARY SEWERS; PROVIDING FOR TIIE IMPOSITION AND COLLECTION OF RATES, FEES AND CHARGES FOR TIIE USE OP TIIE SERVICES AND FACILITIES OF SUCH SEWAGE DISPOSAL SYSTEM AND ANY SUCH SIUER IMPROVEMENTS AND OTHER SEWER PROJECTS, AND FOR T1U CREATION OF CERTAIN SPECIAL FUNDS; rLEmG:- INC TO THE PAYMENT OF THE PRINCIPAL OF AND TIIE INTER- EST ON SUCH SEWER REVENUE BONDS TIIE NET REVENUES OF SUCH SYSTEM AND ANY SUCII SEWER IMPROVEMENTS AND SEWER PROJECTS; APPOINTING THE TRUSTEE AND PRESC"IBING ITS POWERS AND DUTIES; SETTING FORTH TIIE RIGHTS AND REMEDIES OF TIIE HOLDERS OF SUCII BONDS" "L was introduced and passed on first reading and Resolution No. 133 73 entitled: "A RESOLUTION SETTING FORTH THE PRELIMINARY SCHEDULES OF REVISED RATES, FEES AND OTHER CHARGES FOR THE USE OF, AND FOR TIIE SERVICES AND FACILITIES FURNISHED OR TO BE FURNISHED BY, TIIE SEWAGE DISPOSAL SYSTEM OF THE CITY OF MIAMI, TIIE REVENUES OF WHICH SYSTEM ARE TO BE PLEDGED TO THE PAYMENT OF SEWER REVENUE BONDS TO BE ISSUED UNDER THE PROVISIONS OF AN ORDINANCE WHICI1 HAS BEEN INTRODUCED AND IS NOW PENDING BEFORE THE CITY COMMISSION, AND PROVIDING FOR A PUBLIC HEARING ON SUCII SCHEDULES AND FOR PUBLICATION OF NOTICE THEREOF" was duly adopted, Section 1 of which resolution provides as follows: "Section 1. That, subject to any modifications or amend- ments which may be made by the City Commission after the public hearing hereinafter ordered, the revised rates, fees and charges (herein sometimes called the "sewage disposal service charges") for the use of, and for the services and facilities furnished or to be furnished by, the Se%:age Disposal System of the City, to be paid by the owner, tenant or occupant of each lot or parcel of land which may be connected with or may use the Sewage Disposal System by or through any part of the Sewer System of the City, and the rates, fees and other charges (herein sometimes called the "sewer improve- ment service charges") for the use of, and for the services and facilities furnished or to be furnished by, any Sewer Improvements financed under the provisions of. the Ordinance, to be paid by the owner, tenant or occupant of each lot or parcel of land which may -10- tvt be connected with or may use such Sewer. Imnrovernents, shall he based Or computed upon the quantity of water used on or about such lots or parcels of land as determined by gauging or metering, and shall be as follows: SEWAGE DISPOSAL SERVICE CHARGES: The sewage disposal service charges to be paid by the owner, tenant or occupant of each lot or parcel wit)lin the City which may be connected with or may use the Sewage Disposal System and to whom a bill shall be rendered for water furnished by the Waterworks System of the City and used on or about such lot or parcel shall be one hundred forty per centum (140%) of the water, bill, whether payable monthly, quarterly or otherwise, based on the schedule of ch;:rges for water use now in effect. The City cove- nants that in the event the rates for water furnished by the Waterworks System of the City shall at any time be reduced the sewerage charges will be increased by such percentage of the water bill that no reduction will result in the sewer revenues. In the event the rates for water furnished by the Waterworks System of the City shall at any time be increased the sewerage charges may be decreased by such percentage of the water bill that no reduction will result in the sewer revenues. The sewage dis- posal service charges in the case of any sewage originating out- side the corporate limits of the' City shall be fixed by the Board subject to the approval of the City Commission but shall not be less than one hundred thirty per centtun (130%) of such charges within the corporate limits of the City, except as otherwise pro- vided in the last paragraph of this Section. SEWER IMPROVEMENT SERVICE CHARGES: The sewer improvement service charges to be paid by the owner, tenant or occupant of each lot or p parcel which may be con- nected with or may use any Sewer Improvements to whom .1 bill shall -11- los be rendered for water furnished by the Waterworks System of the City and used on or about such lot or parcel shall be such rates, fees or charges and shall be imposed for such period of time as shall be fixed by the City Commission under the provisions of the Sewer Financing Act prior to the issuance of such bonds. WATER FURNISHED BY ANY OTHER WATER PLANT AND ENTERING; THE SEWER SYSTEM: In the event that metered water shall be furnished by any plant or system other than the Waterworks System of the City for use on any such lot or parcel, bills for sewerage charges shall be computed on the basis of what the water bill would be if the same quantity of water should be furnished by the Water- works System of the City. In the event that unmetered water shall be furnished by any plant or system (including any privately owned plant) other than the Waterworks System of the City for use on any such lot or parcel, the owner, tenant or occupant of such lot or parcel shall install at his own expense a meter acceptable to the Director of the Department of Water and Sewers for measuring the quantity of water so used, and bills for sewerage charges shall be rendered monthly and such bills shall be computed on the basis of what the monthly water bill would be if the same quantity of water should be furnished by the Waterworks System of the City. Pending the installa- tion of such meter the Director of the Department of Water and Sewers shall estimate the quantity of water used on such lot or parcel and render bills to the owner, tenant or occupant for sewerage charges computed on the basis of what the monthly water bill would be if such estimated quantity of water should be furnished by the Water- works System of the City. -12- ows • CREDIT rof WATER NOT ENTERING SEWER SYSTEM: In the event that water furnished by the Waterworks Sys- teM'of the City or by any other plant or system (including any privately owned plant) shall be used regularly on any lot or parcel of land for sprinkling lawns or gardens or for any use for which the water does not enter the Sewer.System of the City, the owner, tenant or occupant of such lot or parcel may secure a reduction in the amount of the sewerage charges to be paid by him. as follows: (a) he may install, at his own expense and subject to such regulations as may be prescribed by the Water and Sewer Board, a separate connection with the water main or the lateral serving such lot or parcel and a meter for measuring the water so used, and thereafter the sewerage charges to be paid by the owner, tenant or occupant of such lot or parcel shall be computed on the basis of what the water bill would be after excluding the quantity of water so used; or (b) he may install, at his own expense and subject to such regulations as may be prescribed by the Water and Sewer Board, a specially designed and constructed sewage meter, acceptable to the Consulting Engineers, for accurately measuring all sewage passing from such lot or parcel to the Sewer System of the City, and bills for sewerage charges shall be computed on the basis of what the water bill would be if the same quantity of water should be furnished by the Waterworks System of the City; or (c) he may receive a credit for such use under rules and regulations which shall be adopted from time to time by the Water and Sewer Board, with the approval of the Con- sulting Engineers. MINIMUM SEWERAGE CHARGES: Each bill for sewage. disposal service charges in the care of sewage originating within the City and rendered in con- -13- nection with a monthly water bill shall be for an amount not less than $1.93 and each such bill rendered in connection with a quarterly water bill shall be for an amount not less than $5.79, and in the case of sewage originating outside the corporate limits of the City shall be for an amount not less than $2.50 per month nor. $7.50 per quarter. The minimum amount of each bill for sewer improvement service charges rendered in connection with a monthly water bill or in connection with a quarterly water bill shall be fixed by the City Commission under the provisions of the Sewer Financing Act prior to the issuance of the bonds for the Sewer Improvements for which such charges shall be imposed. SEWERAGE CHARGES PAID BY CITY AND OTHER PUBLIC BODIES OR AGENCIES: There shall be no free services rendered by the Sewer System and, if the City or the County of Dade or any other political subdivision or any department, agency or instrumentality of any thereof or of the state or federal government shall avail itself of --N the services and facilities of the Sewer System, it shall pay for the use of such services and facilities at the established rates, and all water used by it (other than water which does not enter the Sewer System) shall be measured by meter and the sewerage charges paid by it shall be computed on the basis of what the water bill would be for the quantity of water so used or on a rate resulting from the terms of a formal contract as shown by such meter measure- ment. Revenues received for the services and facilities furnished by the Sewer System to the City or the County of Dade or any other political subdivision or any department, agency or instrumentality of any thereof or of the state or federal government shall be applied and accounted for in the same manner as other revenues derived from the operation of the Sewer System. -14- 0 INDUSTRIAL USE Or WATER„ In cases where the character of sewage from any manufac- turing or industrial plant, building or premises shall be such as to impose a burden upon the Sewage Disposal System in addition to the burden imposed by the average sewage entering the Sewer System of the City, such additional sewage disposal service charges shall be made therefor as the Water and Sewer Board, with the approval of the Consulting Engineers, shall deem to be fair and equitable to meet the additional cost of collection, treatment and disposal of such sewage; or the City Commission may, if it deems it advis- able, compel the owner, tenant or occupant of such manufacturing or industrial plant, building or premises to treat such sewage in such manner as shall be specified by the City Commission before dis- charging such sewage into the Sewer System of the City. COLLECTION OF SEWERAGE CHARGES: The sewage disposal service charges shall be or shall become effective, as to each lot or parcel of land which abuts upon a street in which there is or shall be constructed a sanitary sewer which is connected with the Sewage Disposal System. Sewer improve- ment service charges shall become effective, as to each lot or parcel of land which may be connected with or may use any Sewer Improvements, upon the placing in operation of the sewer improve- ment to which such lot or parcel may be connected. In all cases where water is furnished by the Waterworks System of the City, the amount of the sewerage charges shall be included in the bills for water rendered by the City; provided, however, that each such bill shall show separately the amount of the sewage disposal service charges, the amount of any sewer improvement service charges and the amount of the bill for water, and that any partial payment on any such Lill :hall Lc applied first to the payment of the bill for -15- water. In all ca:;e S where water is furnished fly any plant or. sys- tem (including any privately owned plant) , other then the Water. - works System of the City, bill:: shall be rendered for the amount of such sewerage charges in the same manner as bills are rendered for water furnished by the Waterworks System of the City. If any bill for such sewerage charges ag to any premises con- nected with the Waterworks System of the City or any other plant or system shall not be paid within twenty (20) days from the rendition of such bill an additional charge equal to ten per centum (10%) of the amount of such bill may be added thereto. If any such bill shall not be paid within thirty (30) days from the rendition thereof the City or the person furnishing water for use on such premises shall discontinue furnishing water to such premises and shall dis- connect the same from the Waterworks System of the City or from such other plant or system and the City shall proceed forthwith to recover the amount of such sewerage charges with interest at the rate of six per centum (6%) per annum in such lawful manner as it may deem advisable. If any bill for such sewerage charges shall not be paid within thirty (30) days from the rendition of such bill, the owner, tenant or occupant of such premises shall cease to dispose of sewage or industrial wastes originating from or on such premises by discharge thereof directly or indirectly into the Sewer System of the City until such sewerage charges, with interest, shall be paid, and if such owner, tenant or occupant shall not cease such disposal at the expiration of such thirty (30) days' period, then the Director of the Department of. Plater and Seaters shall disconnect such premises from the Sewer System of the City. MISCELLANEOUS PROVISIONS: The owner, tenant or occupant of each lot or parcel of land within the City which abuts upon a street or other public way containinu a sanitary sewer served or which may be served by the Sewage Disposal System and is not connected with such sanitary -16- sewer, and upon which lot or parcel a building has been or shall be constructed for residential, commercial or industrial use,shall, within thirty (30) days after the. construction of all connections to the sewage treatment plant from such sanitary sewer, or within thirty (30) days after the construction of such building, connect such building with such sanitary sewer, and shall cease to use any other method for the disposal of sewage, sewage waste or other polluting matter; provided, however, that it shall not be necessary for the owner, tenant or occupant of any building used for com- mercial or industrial purposes to provide a connection with a sani- tary sector for the disposal of water the flow of which without treatment through storm sewers or drains into any public waters would not contribute to the pollution of such waters or be injurious to public health. A11 such connections shall be in accordance with rules and regulations which shall be adopted from time to time by the Water and Sewer Board, which rules and regulations shall pro- vide a schedule of charges for making such connections and related costs in such reasonable amount, not less than Fifteen Dollars ($15.00), as the Board may fix and establish. The Water and Sewer Board may, subject to the approval of the Consulting Engineers and the City Commission, enter into con- tracts for the treatment and disposal of sewage collected outside of the corporate limits of the City; provided, however, that the charges to be paid therefor shall not be less than an amount which is fair and equitable, taking into account the cost to the City of such treatment and disposal and the cost of the construction of the Sewage Disposal System. All revenues received pursuant to such con- tracts shall be deemed to be Revenues and shall be applied and ac- counted for in the same manner as other Revenues. The sewerage charges set forth in Ordinance No. 4573, adopted by the City Commission on August 6, 1952, shall continue in effect until the sewerage charges imposed by the Ordinance shall become effective." -17- The City Commission will hold a public hearing at its regular place of meeting in the City Hall, 3500 Pan American Drive Dinner Key, Miami, Florida, on April 1, 1972, at the )our .Dd of WM o'clock A.M. at which all users of said Sewage Disposal 411 System and all owners, tenants or occupants of property served or to be served thereby and all others interested shall have an on- portunity to be heard concerning the proposed rates, fees and charges. By Order of the City Commission of The City of Miami, Florida. Section 4. That this resolution shall be in full force and effect from and after its adoption. PASSED AND ADOPTED this 16th day of March, 1972.