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HomeMy WebLinkAboutItem #61 - First Reading Ordinance7 3 RESOLUTION NO. A RESOLUTION SETTING FORTH THE PRELIMINARY SCHEDULES OF REVISED RATES, FEES AND OTHER CHARGES FOR THE USE OF, AND FOR THE 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 THE 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 NOTICE THEREOF WHEREAS, at the regular meeting of the City Commission 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 MXAMI, 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 THE SEWAGE DISPOSAL SYSTEM AND THE COST OF SEWER IMPROVEMENTS AND, IF THEN 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 FAITIH AND CREDIT; REQUIRING CONNECTIONS WITH SANITARY SEWERS; PROVIDING FOR THE IMPOSITION AND COLLECTION OF RATES, FEES AND CHARGES FOR THE USE OF THE SERVICES AND FACILITIES OF SUCH SEWAGE DISPOSAL SYSTEM AND ANY SUCH SEWER IMPROVEMENTS AND OTHER SEWER PROJECTS, AND FOR THE CREATION OF CERTAIN SPECIAL FUNDS; PLEDG- 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 Sanitary 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 facilitieA ,F 949 to he furnished by, the P.� S S' sewage disposal system of the City of Miami, the revenues of which system are to be pledged to the payment of sewer revenue bonds to be issued under the provisions of said ordinance, and to hold a pub- lic -hearing on such schedules after due notice thereof; NOW, THEREFORE, BE IT RESOLVED BY THE COMMISSION OF 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- 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 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- 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. CREDIT FOR 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 -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 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 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 5- rfir 11 MINI III Mini 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. 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 -b- 1 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 amou:It 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 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 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 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 construction of the Sewage Disposal System. All revenues received pursuant to such con- - 8- 1 R racts 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 6th 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 Miami Daily 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 :3EVENUE 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 THE SEWAGE DISPOSAL SYSTEM AND THE COST OF SEWER IMPROVEMENTS AND, If THEN AU- -9- I Pullii1111111 III11I11111■ IIIIIUI I I.11...niui 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 »ID COLLECTION OF RATES, FEES AND CHARGES FOR THE USE OF THE SERVICES AND FACILITIES OF SUCH SEWAGE DISPOSAL SYSTEM AND ANY SUCH SEWER IMPROVEMENTS AND OTHER SEWER PROJECTS, AND FOR THE CREATION OF CERTAIN SPECIAL FUNDS; PLEDG- ING TO TIIE 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 PRESCRIBING ITS POWERS AND DUTIES; SETTING FORTH TIIE RIGHTS AND REMEDIES OF THE HOLDERS OF SUCII BONDS" was introduced and passed on first reading and Resolution No. entitled: "A RESOLUTION SETTING FORTH THE PRELIMINARY SCHEDULES OF REVISED RATES, FEES AND OTHER CHARGES FOR THE USE OF, AND FOR THE 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 THE PAYMENT OF SEWER REVENUE BONDS TO BE ISSUED UNDER THE PROVISIONS OF AN ORDINANCE WHICH 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 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 -10- III I II IIIIIIIIIIIIIII IIIIMMI 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 he 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 fcr 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 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 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 IflPROVEMENT 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 -11 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 I3Y ANY OTHER WATER PLANT AND ENTERING TILE 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 seweraae 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- II ■e-II I n i Oil smell II ■igl1 T FOR 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 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 CHARGES PAID BY CITY AND OTIIER 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 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- • USTRIAL 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 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 -15- 1 f 1 E • . 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 t•;ater and Sewers 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 containing a sanitary sewer served or which may be served by the Sewage Disposal System and is not connected with such sanitary -16- ewer, 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 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 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 6, 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 op- portunity to be heard concerning the proposed rates, fees and charges. Florida. By Order of the City Commission of The City of Miami, City Clerk 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. i 1 CAI Y OF evtiAhhi, r L.Jnii�A INTER -OFFICE MEMORANDUM rot FRO Honorable Members of the City Commission M. L. Reese City Manager MAR 1 4 1972 DATE* FILE* Modification and Expansion of SUBJECT! Virginia Key Sewage Treatment Plant and Increase of Sewer Service Charges REFERENCES* Items 43 and 44 - City Commission Agenda - March 16, 1972 ENCLOSURES! In order to provide adequate sewage treatment, the City must comply with Federal and State Pollution requirements. The Department of Water and Sewers, in analyzing these requirements, has determined that it is necessary for the City to approve the issuance of $16. 5 million in sewer revenue bonds at the earliest possible date. The revenue bonds will be utilized to retire approximately $3 million of out- standing sewer revenue bonds, provide for a $7 million extension of the treatment plant outfall 1400 feet further into the ocean, will make available $6. 5 million to modernize the existing plant, and will provide for plant ex- pansion for Miami and Miami Beach. The Federal Government, through grants, and Miami. Beach will provide additional funds for the expansion of the sewage treatment facilities at Virginia Key. The current retail sewer service charge for amortization of existing bonds, maintenance and plant operation is 91% of the water service billing. The Department of Water and Sewers indicates that it will be necessary to increase the retail sewer service charge from its current level of 91% of the water billing to 140% of the water billing to support $16. 5 million bond issue. The 140% charge will provide for amortization of the new revenue bonds, mainte- nance, and operation of existing and expanded plant facilities. The Department of Water and Sewers is proposing that the 140% sewer service charge be put into effect upon the sale of the bonds. It is recommended that the City Commission fully explore the feasibility of selling the proposed sewer revenue bonds based on an escalation of retail sewer service charges, with adjustments, over a period of several years from its current level of 91% to 140%, rather than put the maximum adjustment into effect all at one time. It is also recommended that the City Commission receive factual information from the Department of Water and Sewers that the people of the City of Miami. are not placed in a position of subiylizing the construction of modification to the existing plant or the expansion of new plant facilities at Virginia Key. It must be recognized that the City Commission is establishing the rate structure for sewer service charges for the City of Miami as well as all existing and potential users of the Virginia Key Sewage Treatment Plant. 1t� PIP u(5 f" N • • z v DVPAcWTWE\1 141.WATER AND SEWERS A• Alt CITY OF MIAMI '72 I�l; , I 3 Fri z ; ,l� sox 316 MIAMI, FLORIDA 33133 March 13, 1972 Honorable David T. Kennedy, Mayor Honorable Rev. Edward T. Graham, Vice Mayor Honorable Irwin G. Christie, Commissioner Honorable J.L. Plummer, Commissioner Honorable Rose Gordon, Commissioner Main Office 3575 S. LaJeune Road Telephone 665-7471 Dear Mayor and Commissioners: On March 9, 1972, the Water and Sewer Board of the City of Miami adopted Resolution No. 2775, attached hereto, to request and urge the Commission of the City of Miami to make provision for the issuance of $16,500,000 Sewer Revenue Bonds (Series 1972) as soon as possible. The Board's reasons for this request are stated below. Florida Statute 70-82, which became effective July 1, 1970, requires that all treated sewage discharged through an ocean outfall shall be given secondary treatment, which Pik has been defined as effecting 90 percent removal of biochemical oxygen demand and suspended solids. This Statute has the effect of greatly increasing the degree of treatment above that designed for the existing City of Miami Sewage Treatment Plant on Virginia Key. In the course of the Federal -State conferences on pollution control, held in Miami during 1971, the Conferees included an order in their recommendations following their meeting of July 2-3, 1971, requiring a major extension of the existing ocean outfall to the Gulf Stream. This altera- tion would provide an additional safeguard to protect the. public from the discharge of treated sewage into the ocean. Honorable Mayor and Commissioners of the City of Miami March 13, 1972 Page Two In addition to these requirements, provision must be made for increased capacity because of additional sewage flows entering the system from both within the City and from long term cost sharing volume contract customers. The indicated needs for more capacity prior to 1980 require that the treatment plant capacity be expanded to a total of 75 MGD, which was originally intended to serve the entire City of Miami. As a means of obtaining this additional capacity more economically, the Water and Sewer Board has entered into a cost participation contract with the City of Miami Beach so that each agency can benefit by economies available from the construction of a much larger treatment plant. Future substantial savings in operating costs will also result from this joint project. The City of Miami Beach will furnish all financing of their share of the cost (54.5 percent) for the treatment plant and the extension of the ocean outfall (28.6 percent) during construction, so that the Department of Water and Sewers will be under no financial obligations to furnish such funds. It is planned that full use will be made of all available federal, and future state, grants to finance these projects. At present, the Federal grants available are in the amount of 33 percent and legislation pending before Congress provides for 60 percent of Federal grants for such projects. Thus the joint project for sewage treatment plant and ocean outfall extension facilities will require no financing of any kind by the Department of Water and Sewers, on behalf of the City of Miami Beach. It is our understanding that each of you have been furnished a copy of the proposed City of Miami ordinance authorizing and securing sewer revenue bonds. It is our hope that the Commission will adopt the proposed ordinance indicating its approval of our program. Representatives Honorable Mayor and Commissioners of the City of Miami March 13, 1972 Page Three of the Board will be glad to be present when this matter comes before the Commission for public hearing in order to answer any questions you may have. GS/mgr Encl. cc: Mr. M. L. Reese City Manager Mr. Wendall Bailey Director of Finance Mr. Alan H. Rothstein City Attorney Mr. H.D. Southern City Clerk Respectfully submitted, / Garrett Sloan Director 457 » .) N DEPARTMENT OF WATER AND SEWERS CITY OF MIAMI, FLORIDA INFORMATION CONCERNING PROPOSED $16,500,000 SEWER REVENUE BOND ISSUE ADDITIONS TO SEWAGE TREATMENT PLANT AND OCEAN OUTFALL EXTENSION AND INCREASE IN SEWAGE DISPOSAL SERVICE CHARGES MARCH 15, 1972 OP AoiN Background You will recall that former Governor Claude R. Kirk, invited the Federal Water Quality Administration (now the Environmental Protection Agency or E.P.A.) to convene an Enforcement Conference in Dade County during October, 1970. Earlier, in June of 1970, a very stringent law had been passed which required a very high degree of secondary sewage treatment -- 90 percent removal -- to be provided for all plants discharging through ocean outfalls on or before January 3, 1974. A series of Federal -State enforcement conferences followed on the dates listed below: February 18 & 19, 1971 July 1, 2 & 3, 1971 August 10 & 16, 1971 October 20-23, 1971 November 19, 1971 Each of the conferences produced a set of orders and recommendations applying to various pollution control problems in Dade County. Those which affected the City of Miami were as follows: October 22nd and 23rd, 1970 - Miami was ordered to enlarge its existing sewage treatment plant on Virginia Key. July l.stt 1971 - Miami was ordered to extend its ocean outfall to the Gulf Stream. July 2nd, 1971 - Miami was ordered to allocate additional land on Virginia Key to permit expansion of the treatment plant. Many other orders were issued to other cities and to Dade County designed to achieve similar objectives. froi Proposed Additions to Sewage Treatment Plant and Extension of Ocean Outfall The existing sewage treatment plant is of 50 million gallons per day (mgd) capacity effecting a removal of 70 to 75 percent. It is now operating at or above this capacity. Plant additions have been planned for several years and three phases of project additions have been developed as follows: PHASE I Estimated Project Cost $2,300,000 A Federal Grant for 33 percent has been made for enlarging the existing plant to 60 mgd at 70-75 percent removal and construction is in progress. This project was designed before the 90 percent removal requirement and these plant additions will provide some 30 mgd of rerated capacity at 90 percent removal. PHASE II Estimated Total Project Cost $35,000,00 Additions to Treatment Plant $25,000,00 Extension of Ocean Outfall $10,000,00 Major plant additions designed for 90 percent removal and an extension to the ocean outfall are included in Phase II. Miami would participate in a joint project with Miami Beach to obtain an additional 50 percent capacity above the present rate of sewage flow or 25 mgd. These joint plant additions would comprise plant facilities of 55 mgd capacity; 25 mgd for Miami and 30 mgd for Miami Beach. The existing ocean outfall would be extended from 4,600 feet off shore at 18 feet depth to 18,000 feet off shore at 80 feet depth. This would be jointly financed with Miami Beach paying 28.6 percent of the total cost. Estimated Project Cost $4,000,000 This phase would complete conversion of the existing sewage treatment plant to 90 percent removal, providing another 20 mgd of capacity to serve Miami. Thus, the final conversion of the entire existing 50 mgd plant to 90 percent removal would be completed. Cost Participation in Proposed Additions to Treatment Plant and Extension of Ocean Outfall The City of Miami would be eligible for Federal Grants to the extent of 33 percent of all project costs under existing legislation and appropriations. In addition, the cost participation by Miami Beach is quite substantial. In order to show these relative costs, the DISTRIBUTION OF PROJECT COSTS has been prepared and is attached hereto. Phase I financing has been accomplished previously from the Renewal and Replacement Fund and is not included in the proposed bond issues. PROJECTS Treatment Plant Ocean Outfall Extension TOTAL PROJECT COSTS DISTRIBUTION OF PROJE�' } COSTS TOTAL CAPACITY 1CW NGD AT 90 PERCENT REMOVAL PHASE I 1972 - 30 MGD City of Miami $ 2,300,000 -0- $ 2,300,000 • City of Miami Beach $ 13,600,000 2,860,000 $ 16,460,000 PHASE II 1973 - 55 MGD Joint Project City of Miami $ 11,400,000 7,140,000 $ 18,540,000 PHASE III 1975 - 20 MGD City of Miami $ 4,000,000 -0- $ 4,000,000 FUNDS Federal Grants at 33% Renewal and Extension Fund Financed from Sale of Sewer Revenue Bonds TOTAL FUNDS REQUIRED $ 760,000 1,540,000 -0- Financed by City of Miami Beach $ 6,118,000 -0- 12,422,000 $ 1,320,000 -0- 2,680,000 $ 18,540,000 $ 4,000,000 $ 2,300,000 BONDS TO BE ISSUED PHASE II PHASE III Project Costs Refunding Bonds Contingencies TOTAL BOND ISSUES $ 12,422,000 2,800,000 11278,000 $ 16,500,000 Note: The City of Miami Beach treatment plant costs T'o not include a credit to Miami for use of e::istinc: plant facilities. $ 2,680,000 -0- 1,820,000 $ 4,500,000 Financinct of Proposed Additions to the Treatment Plant and Extension of the Ocean Outfall The City of Miami share of cost participation is an 01114 estimated total of $21,000,000 made up of a 1972 Sewer Revenue Bond issue of $16,500,000 and another in 1975 of $4,500,000. These two sewer revenue bond issues must be supported by the only source of revenue available to the Department, which is the sewer service charge based upon the water bill and sewer revenues obtained by volume sales to outside parties. In order to determine the sources of funds to support these bond issues, a financial analysis has been made which is attached hereto. It shows that volume contract revenue will increase in 1973 by 44 percent and in 1974 by 66 percent over the 1972 amount. These estimates of future volume sales revenue are based upon existing contracts and conservative estimates of sewage flow. In order to obtain an adequate revenue for support of the $21,000,000 total amount of sewer revenue bonds, it will be necessary to obtain an increase in sewer revenue of approximately $1,362,924 in 1973 and similar amounts in succeeding years. To obtain this additional revenue, it will require an increase in retail sewer service charges of 54 percent or a total charge of 140 percent of the water bill. The effect of these proposed increases in revenue and other related projections of income and expenses is shown on the attached table. 1972 •�' L g .�.0 r Rate I ease • F3JF��S�D _� -Qa Ir S: T,{1 ; St01 r 1 30Si I�I;r.i y'i3A 1t2'S0= AZ:D SI7TARE OF g:-�C,�:.1 _ ncr 50 Betide $16,500,000 Bo fe 1973 gratin - Revenues One Step Rate Increase Retail Sales Retail Sales Total Retail Sales Total Volume Sales oral Septic Tank Disposal I,,iscellan eons (Septic etc.) Total 1 4.:12 es aintenance B�Fgnf s 0 eratinr*- and l•.t NetP Operating Revenues Income Deduct. ands Interest on Net Income ro riated d _Depreciation Income A P & E,tension Fun Renewal Account Reserve Account Total Income Appropriated r,slance 1971 ,2,407,533 2 2 533 356 , 031.. 1E17,504 2,951 066 1 502 99 1,448,569 1972 • $2,466,000 2 66 t 00 450,,No 134,,000 3105 I.622..4232 1,359 ,970 900,000 401,499 l3p 499 $2,524,000 1,3 511022 3,887,°p0 621,000 192,000 4,700,000 2,295 970 2,404,o30 8602560 1 ��0 197 or 1405 of ;dater Bill $4,500,000 Bond �1 5 2,582,133 1,gl35 3.1 715,381 160,000 �851 866 z 586,000 2,265,866 1,000,000 105,0 7b' o00 1,381 000 �, 162J 90762 1 14 $2,b40,333 1 L}25 780 4,013 1,126,831 170,000 5,362 600,000 2?6'000 _32.000 1,351,000 9 1976. $i8,573 � '6�7,Z3o • 1,537,326 187,54 5g33 3a010DO 2,779 ,633 1 6g o8 350,000 630,000 352 oao 1 332 000 35 ,g19 600,000 665,000 352,921 1 6�00 68 12B u:�' �' n 1i...�: .. LySI • PROS ;GTED GOFrr'_ �., G J F30P 0 s �7 S IA Revenues 0 eratin Retail Sales ales tep Rate increase Retail S - TwoS Total Retail Sales Volume Sales (Septic Tank Disposal Total neOusCharges, etc.) r;iscella Total Revenues and liaintenance Ex.enses O. eratin Net Operating gevenues I eduotio Income D Interest on Bonds Net Income Depreciation Income AP r& Extension Fund - ed Renewal Account Redemption R Reserve edem Account ropriAted come ApP Total In 1✓ $2,407,533 2,40 356,031 187,504 2,951 068 115502' 1,448,569 a9 I I"r 0 ' I :tpy1:, FLORIDA 1'D Ste..�PS, G t zI, s ggARE OF A j.lerch 1972 ,Y OF IaIAI RAI OUZ`F` S FOR rll:�iGI1iG CIS. •SI OF OC ON -� A.OUIPIp�I� �iS1 P.�T�, 13 0% of 41ater Bill 43Seger Rate Increase 1972 $2,466,400 is 50,000 134,000 l 2 327 1,306 2 2 900,000 401,l 99 1 301 4°9 3,050,000 1 690 030 1,359,970 71609 112o,361 1500,000 Bon 197 111. 2,521k,Q00 , 1jio317 $2 5a2,133 1101022 3692'450 3,609o00 , _- =--- 715,381 621,000 160,000 192,000 4,422,000 22295070 2,126,030 a2 6°6a2.. 1,265,47o 1 140° of Otis a Bil Increase 54 e $ewer Rate ` 00,000 gored Issue' 197 4,567 831 2,5" 1,981,831 850,000 507,000 ,861 105,000 55 276,000 112314000 1 157 8S1 $ 3li,47a _7 $2,640,333 1.14 4,06b,113 1,126,831 170,000 300,000 275;040 1,051 000 �. 23 331 5,362 9 2 $oo 2,496,944 l 129 025 1 219- 350,O00 630,00o 352,00a 1,00 1976 110 $21698, 2T3 57 , 4 155 t803 1,537,3 26 187,504 880 633. 2,779,633 1,09- 225 1 685AoB 600,000 665,000 352 ooa. 1,617 s000. ,Balance 411 • `t \ YWHEREAS, it is imperative, in the public interest RESOLUTION NO. 2775 A RESOLUTION REQUESTING AND URGING THE COMMISSION OF THE CITY OF MIAMI TO MAKE PROVISION FOR THE ISSUANCE OF $16,500,000 SEWER REVENUE BONDS (SERIES 1972) AS SOON AS POSSIBLE TO PROVIDE FUNDS FOR REFUNDING THE OUTSTANDING SEWER REVENUE BONDS (SERIES 1953) OF THE CITY AND FOR PAYING A PART OF THE COST OF EXTENSIONS AND IMPROVEMENTS OF THE SEWAGE DISPOSAL SYSTEM OF THE CITY; INSTRUCTING THE SECRETARY OF THE WATER AND SEWER BOARD TO SEND A DULY AUTHENTICATED COPY OF THIS RESOLUTION TO EACH MEMBER OF THE CITY COMMISSION AND TO THE CITY CLERK and for the protection of public health and welfare, that necessary ti extensions and%improvements of the sewage disposal system of the City shall be acquired or constructed; and such acquisition or construction can be effected WHEREAS, only by means of refunding the outstanding Sewer Revenue Bonds (Series 1953) of the City through the issuance of $16,500,000 Sewer Revenue Bonds (Series 1972) of the City which amount of bonds will provide funds`,sufficient for such refunding and to pay a part of the cost of such acquisition and construction; NOW, THEREFORE, BE IT RESOLVED BY THE WATER AND SEWER BOARD OF THE CITY OF MIAMI, FLbRIDA: Section 1. That the Commis``on of the City of Miami is hereby requested and urged to make rovision for the issuance of $16,500,000 Sewer Revenue Bonds (g ries 1972) as soon as possible to provide funds for refundin the outstanding Sewer Revenue Bonds (Series 1953) of the City nd for paying a part of the cost of extensions and improvement of the Sewage Disposal System of the City. "DOMINI INDEX LTE`M i D. n Section 2. That the Secretary is hereby authorized and instructed to send a duly authenticated copy of this resolution to each member of the City Commission and to the City Clerk. PASSED AND ADOPTED this 9th day of March, 1972. STATE OF FLORIDA ) SS COUNTY OF DADE ) I, GORDON BODDINGTON, Secretary of the Department of Water and Sewers and of the Water and Sewer Board of the City of Miami, hereby certify that the foregoing is a true and correct copy of Resolution No. 2775, duly passed and adopted by said Board at a regular meeting thereof, held on the 9th day of March, 1972. IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal of said Department of Water and Sewers of the City of Miami, this loth day of March, 1972. cretary of the Depa t bent of Water and Sewers and of the Water and Sewer Board of the City of Miami 2