Town of Zolfo Springs, FL
Hardee County
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Table of Contents
Table of Contents
A. 
Rates. Water and wastewater rates, charges and deposits not specifically established in this chapter may be established by resolution of the Town Councilors and shall be on file in the Town Clerk's office. Rates, fees and charges already in existence and not specifically established in this chapter shall continue in effect until such time as the Council modifies them by resolution.
B. 
Liability for payment for services.
(1) 
All customers shall be responsible for charges for water flowing through the meter designated for their building(s) and all wastewater charges derived from that water use if applicable, regardless of whether they themselves inhabit the building receiving the service. No service shall be provided to customers who are delinquent in the payment of any rates, fees, or charges. Customers are responsible for terminating their service account with the Town when ownership of the service location has been transferred to others. Customers may pass charges for utilities on to tenants, but with the exception of deposits, in no event shall they charge a tenant more than the actual charge made by the Town for that service. Landlords may charge any fair and equitable deposit reasonably based on the highest three months of anticipated or actual utility bills. The Town Commission reserves the right to have a hearing to determine whether a deposit charged by a landlord is unfair or inequitable.
[Amended 7-18-2011 by Ord. No. 2011-09]
(2) 
The Town shall not be responsible for leaks on private property or in the plumbing system on the customer's side of the meter assembly.
C. 
Payment for services. The rules and regulations shall establish the procedure and deadlines for payment for services, delinquent accounts.[1]
[1]
Editor's Note: Printed as adopted
A. 
Policy; calculation. A capacity fee shall be paid by each applicant to reserve capacity for the applicant's use as otherwise provided herein. Capacity fees shall be uniform and based upon the projected costs of replacing the potable water supply and treatment or wastewater treatment plant and disposal facility capacity used or projected to be used at the customer's building. An individual applicant's capacity fees shall be based upon the anticipated average daily water consumption and/or wastewater flow contribution for the type of development or establishment requesting or expanding service to its project. When existing structures connected to the system will require an increased water supply and/or sewage capacity, additional capacity fees shall be charged based upon the anticipated increase in flow resulting from the new demand. When existing structures connected to the system use a greater water supply and/or sewage capacity than they were allocated, additional capacity fees shall be charged based upon the increased flow resulting from the additional usage.
B. 
The amount of additional capacity fees charged for the additional usage shall be based on the average daily water usage and/or sewage treated for the most recent twelve-month period. All additional capacity fees shall be paid at the rates in effect at the time of final connection of the utility system to the customer service assembly.
A. 
Reservation of capacity shall only be accomplished by a service agreement. The capacity fee paid shall be in exchange for a theoretical reservation of the capacity required for the applicant's use. There shall be no refund of the capacity fee regardless of the amount used. The Town must approve any transfer of reserved capacity. The applicant cannot transfer the reserved capacity except in a transfer of the whole parcel of property or project for which service was initially requested.
B. 
The reservation of unused capacity remains open for the shorter of the date that service is commenced at the applicant's property (not including construction water service) or a five-year period. All capacity remaining unused for a period of five or more years is subject to resale to other applicants. The applicant's future capacity needs will then be subject to the availability of future capacity.
[Amended 1-21-2008 by Ord. No. 2007-15]
A. 
In-Town fees.
[Amended 12-20-2010 by Ord. No. 2010-08[1]]
(1) 
The potable water capacity fee for applicants connecting within the Town shall be $500 per ERC.
(2) 
The wastewater capacity fee for applicants connecting within the Town shall be $1,500 per ERC.
[1]
Editor's Note: This ordinance provided that, in compliance with F.S. § 163.31801, this ordinance would become effective after all prerequisites for passage were met and upon passage by the Town Commission and after the Town Clerk had signed the ordinance; but in no event would it take effect until after 90 days from the date of publication of notice of the date of second reading of this ordinance.
B. 
Outside-of-Town fees.
[Amended 12-20-2010 by Ord. No. 2010-08[2]]
(1) 
The potable water capacity fee for applicants connecting outside the Town shall be $624 per ERC.
(2) 
The wastewater capacity fee for applicants connecting outside the Town shall be $1,875 per ERC.
[2]
Editor's Note: This ordinance provided that, in compliance with F.S. § 163.31801, this ordinance would become effective after all prerequisites for passage were met and upon passage by the Town Commission and after the Town Clerk had signed the ordinance; but in no event would it take effect until after 90 days from the date of publication of notice of the date of second reading of this ordinance.
C. 
The Board of Town Councilors may choose to amend these capacity fees by resolution of the Board.
If the applicant's projected use of the property indicates a reasonable likelihood of industrial, unusual or abnormal strength wastewater flows as determined by the Town Engineer, the wastewater capacity fees may be increased to reflect additional treatment or special concerns. In no event, however, shall any payment of additional capacity fees create any obligation on the Town to continue to accept flows from the customer's building in the event that the customer violates the service agreement or any ordinances or otherwise discharges flows that create pass-through or interference as defined herein or in any state or federal laws or otherwise cause or create a violation of federal or state law, whether such violation is charged against the customer or the Town.
A. 
Enterprise funds. The Town shall maintain two separate and distinct enterprise funds for the deposit of capacity fees, one water capacity fee fund strictly for the deposit of water capacity fees and one wastewater capacity fee fund strictly for the deposit of wastewater capacity fees.
B. 
Wastewater capacity fees may only be expended for planning, construction and professional services used for the development of new wastewater capacity, land for new capacity or to pay debt service for the financing of the new facilities.
C. 
Water capacity fees may only be expended for planning, construction and professional services used for development of new potable water treatment plant supply and capacity, land for new capacity and to pay debt service for the financing of the new facilities.