HomeMy WebLinkAboutR-72-0072•
RESOLUTION NO. 72+72
A RESOLUTION CONFIRMING AND ADOt"TINn THE
REVISED SCHEDULE OF RATES, FEES AND OTHER
CHARGES FOR THE USE OP, AND ron 'IPT SERVICES
AND FACILITIES FURNISHED OR TO BE FURNISHED
I3Y, THE SEWAGE DISPOSAL SYSTEM OF THE CITY
OF MIAMI, THE REVENUES OP WHICH SYSTEM Ann.
TO AE PLEDGED TO THE PAvMENT OF SEWER REVE-
NUE BONDS TO DE ISSUED UNDER THE PPOVISIONS
OF AN ORDINANCE WHICH HAS BEEN INTRODUCED
AND IS NOW PENDING I3ETORE THE CITY COMMIS-
SION
WHEREAS, pursuant to Resolution No. 43373 , adopted by
the Commission of the City of Miami at its regular meetina held
on March 16, 1972, and upon due notice as provided in said Reso-
lution, the City Commission held a nublic hearing at its regular
place of meeting in the City Hall, 3500 Pan American Drive, Din-
ner Key, Miami, Florida, on the 7th day of Anril, 1972, at the
hour of 9 o'clock A.M., at which all users of the Sewaae 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 the ordinance which has been introduced and is
now pending before the City Commission and which is referred to
in said Resolution, and all owners, tenants or occupants of prop-
erty served or to be served thereby and all others interested
were afforded an opportunity to be heard concerning the proposed
rates, fees and charges set forth in said Resolution for the use
of, and for the services and facilities furnished or to be fur-
nished by, said Sewage Disposal System; and
WHEREAS, the City Commission has given due consideration
to all matters presented at said hearing and has determined that the
preliminary schedules of rates, fees and other charges set forth in
said Resolution for the use of, and for the services and facilities
furnished or to be furnished by, said Sewaae Disposal System are
proper, fair and equitable and are reasonable and sufficient to
provide funds (a) to pay the cost of maintaining, repairing and
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RESOLUTION NO. 72-72
A RESOLUTION CONFIRMING AND ADOPTINO THE
REVISED SCHEDULE 0P RATES, FEES AND OTHER
CHARGES FOR THE USE OF, AND 1OR Tim SERVICES
AND FACILITIES rURNts11ED 011 TO BE PURNIS1!ED
BY, THE SEWAGE DISPOSAL SYSTEM OF THE CITY
OF MIAMI, THE REVENUES OF WnICH SYSTEM ARE
TO RE PLEDGED TO THE PAvMENT OF SEWER REVE-
NUE BONDS TO BE ISSUED UNDER THE PPOVISIONS
OF AN ORDINANCE WIIICHH HAS BEEN INTRODUCED
AND IS NOW PENDING fEr0RE THE CITY COMMIS-
SION
WHEREAS, pursuant to Resolution No. 43373 , adopted by
the Commission of the City of Miami at its reaular meeting held
on March 16, 1972, and upon due notice as provided in said Reso-
lution, the City Commission held a public hearing at its regular
place of meeting in the City Hall, 3500 Pan American Drive, Din-
ner Key, Miami, Florida, on the 7th day of Anril, 1972, at the
hour of 9 o'clock A.M., at which all users of the Sewage Disnosal
System of the City of. Miami, the revenues of which system are to
be pledged to the payrent of sewer revenue bonds to be issued under
the provisions of the ordinance which has been introduced and is
now pending before the City Commission and which is referred to
in said Resolution, and all owners, tenants or occupants of prop-
erty served or to be served thereby and all others interested
were afforded an opportunity to be heard concerning the proposed
rates, fees and charges set forth in said Resolution for the use
of, and for the services and facilities furnished or to be fur-
nished by, said Sewage Disposal Svster+; and
WHEREAS, the City Commission has given due consideration
to all matters presented at said hearing and has determined that the
preliminary schedules of rates, fees and other charges set forth in
said Resolution for the use of, and for the services and facilities
furnished or to be furnished by, said Sewaae Disposal System are
proper, fair and equitable and are reasonable and sufficient to
provide funds (a) to pay the cost of maintaining, repairing and
"DOCU; 711T
ET' T r O tr
operating the Sewer System of the City, including reserves for
such purpose and for replacements and denreciation and necesshry
extensions, (b) to pay the principal of and the interest on the
sewer revenue bonds to be issued under said ordinance to provide
funds for refunding the outstanding Sewer Revenue Ponds (Series
1953) of the City and for nayina a part of the cost of extensions
and improvements of the Sewaae Disposal System of the City as
such principal and interest shall become due and to provide re-
serves therefor, and (c) to provide a margin of safety for making
such payments;
NOW, THEREFORE, BE IT RESOLVED BY THE COMMISSION OF TrE
CITY OF MIAMI, FLORIDA:
Section 1. The preliminary schedules of rates, fees and
other charges set forth in said Resolution No. 43373 are hereby
confirmed and adopted and nut into effect as the revised schedules
of rates, fees and other charges for the use of, and for the serv-
ices and facilities furnished or to be furnished hv, the Sewage
Disposal System described in said nronosed ordinance, to be naid
by the owner, tenant or occupant of each lot or narcel of land
which may be connected with or use the Sewage Disposal System by
or through any part of the Sewer System of the City.
Section 2. Copies of said schedules of rates, fees and
other charges shall be kept on file in the office of the City Clerk
and in the office of the Secretary of the Water and Sewer Board of
the City and shall be oven to insnection by all parties interested.
Section 3. This resolution shall become effective immedi-
ately upon its passage; provided that the schedule of rates, fees
and other charges as hereby confirmed and adopted shall not become
effective until July 1. 1972.
Passed and adopted this 7th day of April, 1972.
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NOTICE OF PUBLIC HEARING
THE CITY OF MIAMI, FLORIDA
NOTICE IS HEREBY GIVEN that, at a meeting of the
City Commission 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 THE SEWAGE DISPOSAL SYSTEM AND
THE COST OF SEWER IMPROVEMENTS AND, IF THEN AU-
-1-
''Sloe PO Ti E DOCUUMMEt'T
TO:
THORIZED flY LAW, &HER SEWER PROJECTS; PROVIDING
THAT SUCH SEWER REVENUE BONDS SHALL NOT CONSTITUTE
A DEBT OF THE CITY OR A PLEDGE OF ITS FAITH AND
CREDIT; RE0UIRING CONNECTIONS WITIl SANITARY SEWERS;
PROVIDING FOR TILE IMPOSITION AND COLLECTION OP
RATES, PEES AND CHARGES FOR TIfF USE OF THE SERVICES
AND FACILITIES OF SUCH SEWAGE DISPOSAL SYSTEM AND
ANY SUCH SII R IMPROVEMENTS AND OTHER SEWER PROJECTS,
AND FOR THE CREATION OF CERTAIN SPECIAL 1~UNDS; MEW-
ING TO THE PAYMENT OF THE PRINCIPAL OF AND TIIE INTER-
EST ON SUCH SEWER REVENUE BONDS THE NET REVENUES OF
SUCH SYSTEM AND ANY SUCH SEWER IMPROVEMENTS AND SEWER
PROJECTS; APPOINTING TIfE TRUSTEE AND PRESC'.IDING ITS
POWERS AND DUTIES; SETTING FORTH THE RIGHTS AND
REMEDIES OF THE HOLDERS OF SUCH BONDS"
was introduced and passed on first reading and Resolution No.
43373
entitled:
"A RESOLUTION SETTING FORTH TIIE PRELIMINARY SCIIEDULrS
OF REVISED RATES, FEES AND OTHER CHARGES FOR THE USE
OF, AND FOR THE SERVICES AND FACILITIES FURNISHED OR
TO DE PURNISIIED BY, TIIE SEWAGE DISPOSAL SYSTEM OF
TIIE CITY OF MIAMI, THE REVENUES OF WHICH SYSTEM ARE
TO BE PLEDGED TO THE PAYMENT OF SEWER REVENUE BONDS
TO DE ISSUED UNDER THE PROVISIONS OF AN ORDINANCE
WIHICIH HAS BEEN INTRODUCED AND IS NOW PENDING BEFORE
TIIE CITY COMMISSION, AND PROVIDING FOR A PUBLIC
HEARING ON SUCH 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 Sewcr 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, mny 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
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be connected with or may use such Sewer Imnrovements, 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 (140t) of the water
bill, whether payable monthly, quarterly or otherwise, based on the
schedule of ch.:rgen 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 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 4 bill shall
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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 OTIIER WATER PLANT AND ENTERINR 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.
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CREDIT r0}2 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 oww•ned plant) shall be used regularly on any lot or parcel
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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 nay 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
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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-
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nection with a monthly water bill shall be for an amount not less
than $1,93 and cich such bill rendered in connection with a quarterly
water bill shah 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
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 bc.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.
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INDUSTRIAL USE OP 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:
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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 bi.11
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 an bills arc 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 Le 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
recevor 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,
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shall be paid, and if such owner, tenant or occupant shall not
cease such disposal at the expiration of such thirty (30) days'
prriocf, 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
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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 sc�•.er 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
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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 Doard may, subject to the approval of
the Consulting Inginccrs 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 Ordinan.cc 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."
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The City Commission will hold a public hearing at its
regular puce of meeting in the City Hall, 3500 Pan American
Drive, Dinner Key, Miami,Florida, on April 7, 1972, at the
hour of 9:00 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 other
interested shall have an opportunity to be heard concern -
ing the proposed rates, fees and charges.
By Order of the City Commission of The City of Miami,
Florida.
City Clerk
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