ORDINANCE

BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FLORENCE, ALABAMA,
That Sections 27-211 through 27-226 and Sections 27-246 through 27-254 of the Code of Florence, Alabama, as amended, are hereby repealed upon the provisions of this ordinance becoming effective. In lieu thereof, the following sections are adopted to wit:

ARTICLE V. WATER

Sec. 27-211. Meter required; meter readings; right of entry.

A meter shall be installed upon each connection to the system which shall be read by a duly authorized agent of the City of Florence, hereinafter called City, who shall have access to the premises of each customer for such purpose at all times, and also, for the purpose of removing any such meter and any pipe of the City located on the premises in the event service is discontinued to such customer. Each customer, by having or leaving his or her premises connected to the system and accepting service therefrom, shall consent and agree to such access and such removal.

Sec. 27-212. Rates.

(a) The rates, fees and charges for the use of and for the services furnished by the water system of the City shall be fixed and established as follows, subject to such adjustments from time to time as may be necessary to carry out the provisions of any trust agreement or agreements executed, or any resolutions or ordinances adopted by the City in connection with the issuance of any bonds, warrants, loans or securities of the City. The following charges shall be as follows:

Residential Urban Water Rates Per 1,000 Gallons

Effective Effective Effective
2/1/03 7/1/04 7/1/05

First 3,000 gallons at $2.91 $3.11 $3.27
Next 4,000 gallons at $2.56 $2.74 $2.88
Next 10,000 gallons at $2.37 $2.53 $2.66
Next 13,000 gallons at $2.25 $2.41 $2.53
Next 20,000 gallons at $2.09 $2.24 $2.35
Next 50,000 gallons at $1.94 $2.08 $2.18
All Over 100,000 gallons at $1.83 $1.96 $2.05

Residential Urban Water Minimum Monthly Meter Charge

Meter Size Effective Effective Effective Allowance
2/1/03 7/1/04 7/1/05

5/8” meter $8.73 $9.33 $9.81 3,000 gallons
¾” meter $13.86 $14.83 $15.57 5,000 gallons
1” meter $26.09 $27.92 $29.32 10,000 gallons
1 ½” meter $49.42 $52.82 $55.52 20,000 gallons
2” meter $82.37 $88.12 $92.57 35,000 gallons

Urban Commercial/Industrial/Sale for Resale Rates (Water Authorities) Per 1,000 Gallons excluding Killen

Effective Effective Effective
2/1/03 7/1/04 7/1/05

First 3,000 gallons at $2.78 $2.95 $3.04
Next 4,000 gallons at $2.45 $2.60 $2.68
Next 10,000 gallons at $2.27 $2.40 $2.47
Next 13,000 gallons at $2.16 $2.29 $2.35
Next 20,000 gallons at $2.00 $2.12 $2.19
Next 50,000 gallons at $1.86 $1.97 $2.03
Next 100,000 gallons at $1.75 $1.85 $1.91
Next 300,000 gallons at $1.60 $1.69 $1.74
Next 500,000 gallons at $1.49 $1.57 $1.62
All Over 1,000,000 gallons at $1.38 $1.46 $1.50

Urban Commercial/Industrial/Sale for Resale Water Minimum Monthly Meter Charge
Excluding Killen

Meter Size Effective Effective Effective Allowance
2/1/03* 7/1/04 7/1/05

5/8” meter $8.34 $8.85 $9.12 3,000 gallons
¾” meter $13.24 $14.05 $14.48 5,000 gallons
1” meter $24.95 $26.45 $27.25 10,000 gallons
1-1/2” meter $47.32 $50.12 $51.59 20,000 gallons
2” meter $78.92 $83.62 $86.04 35,000 gallons
3” meter $201.92 $213.92 $220.39 100,000 gallons
4” meter $376.92 $398.92 $411.39 200,000 gallons
6” meter $736.92 $779.17 $802.89 425,000 gallons

* Sale for Resale effective date 03/01/03.
† Editors note: Sale for Resale customers (Water & Fire Protection Authorities) must be allowed sufficient time to adopt resolutions and change their rate schedules.

Residential Rural Water Rates Per 1,000 Gallons

Effective Effective Effective
2/1/03 7/1/04 7/1/05

First 3,000 gallons at $4.07 $4.36 $4.57
Next 4,000 gallons at $3.50 $3.74 $3.93
Next 10,000 gallons at $3.02 $3.24 $3.40
Next 13,000 gallons at $2.79 $2.99 $3.14
Next 20,000 gallons at $2.56 $2.74 $2.88
Next 50,000 gallons at $2.32 $2.49 $2.61
All Over 100,000 gallons at $2.17 $2.33 $2.44

Residential Rural Minimum Monthly Meter Charge

Effective Effective Effective Allowance
2/1/03 7/1/04 7/1/05

5/8” meter $12.21 $13.08 $13.71 3,000 gallons
¾” meter $19.21 $20.56 $21.57 5,000 gallons
1” meter $35.27 $37.76 $39.63 10,000 gallons
1 ½” meter $64.78 $69.41 $72.85 20,000 gallons
2” meter $105.48 $113.01 $118.65 35,000 gallons

Rural Commercial/Industrial Rates Per 1,000 Gallons excluding Killen

Effective Effective Effective
2/1/03 7/1/04 7/1/05

First 3,000 gallons at $3.89 $4.13 $4.25
Next 4,000 gallons at $3.34 $3.54 $3.65
Next 10,000 gallons at $2.89 $3.07 $3.16
Next 13,000 gallons at $2.67 $2.83 $2.92
Next 20,000 gallons at $2.45 $2.60 $2.68
Next 50,000 gallons at $2.22 $2.36 $2.43
Next 100,000 gallons at $2.08 $2.20 $2.27
Next 300,000 gallons at $1.86 $1.97 $2.03
Next 500,000 gallons at $1.63 $1.73 $1.78
All Over 1,000,000 gallons at $1.56 $1.66 $1.71

Rural Commercial/Industrial Water Minimum Monthly Meter Charge
Excluding Killen

Meter Size Effective Effective Effective Allowance
2/1/03 7/1/04 7/1/05

5/8” meter $11.67 $12.39 $12.75 3,000 gallons
¾” meter $18.35 $19.47 $20.05 5,000 gallons
1” meter $33.70 $35.76 $36.83 10,000 gallons
1-1/2” meter $61.94 $65.74 $67.71 20,000 gallons
2” meter $100.89 $107.04 $110.31 35,000 gallons
3” meter $248.64 $264.04 $272.01 100,000 gallons
4” meter $456.64 $484.04 $499.01 200,000 gallons
6” meter $875.14 $927.29 $955.76 425,000 gallons

Killen Residential Water Rates Per 1,000 Gallons

Effective Effective Effective
2/1/03 7/1/04 7/1/05

*First 3,000 gallons $14.65 $15.68 $16.46
Next 2,000 gallons at $4.27 $4.57 $4.79
Next 5,000 gallons at $3.69 $3.95 $4.15
Next 10,000 gallons at $3.11 $3.32 $3.49
All Over 20,000 gallons at $2.71 $2.90 $3.05
*Minimum monthly meter charge
5/8” x ¾” minimum monthly charge

Killen Commercial Rates & Minimum Monthly Meter Charges

Effective Effective Effective *Allowance
2/1/03 7/1/04 7/1/05

¾” Meter $20.81 $22.06 $22.72 5,000 gallons
1” Meter $34.88 $36.97 $38.08 9,000 gallons
1 ½” Meter $54.00 $57.24 $58.95 21,000 gallons
2” Meter $84.99 $90.09 $92.79 27,000 gallons
3” Meter $133.23 $141.22 $145.46 46,000 gallons
4” Meter $207.45 $219.90 $226.50 75,000 gallons
6” Meter $734.44 $778.51 $801.87 277,000 gallons
*All usage above
Allowance $2.97 $3.15 $3.24 Per 1,000 gallons
(b) Where more than one (1) house, building or structure is used for living, eating or sleeping quarters, or in which a business, occupation, or profession is conducted or carried on, uses water through a common meter, each house, building, or structure shall be subject to the minimum per month charge, unless the aggregate minimum charges for such houses, buildings or structures shall be less than the total amount of water as measured by the common meter, in which event the charge for the total amount of water as measured by the common meter shall prevail.

Sec. 27-213. Payment, lost discount/late payment penalties.

Bills under this rate schedule will be rendered monthly. Any amount of bill unpaid after the due date specified on bill will be subject to additional charges under distributor’s standard policy. Above rates and charges are net. In the event that any bill is not paid by the due date specified on the bill, there shall be added to the bill an amount equal to five (5) percent on the first two hundred fifty dollars ($250.00) of the bill plus one (1) percent on any portion of the bill exceeding two hundred fifty dollars ($250.00).

Sec. 27-214. Reconnection Charge.

Whenever service has been discontinued by the City, as provided in the schedule of rules and regulations, a charge of not less than forty dollars ($40.00) may be collected by the City before service is restored. The City’s employee, when dispatched to disconnect a consumer’s service for failure to pay bill, or to collect a bad check, may accept payment of the full amount of the customer’s bill, or bad check, plus an additional service charge of not less than twenty-five dollars ($25.00), in which event the consumer’s service will not be disconnected; provided, however, that the only cause for discontinuance of a consumer’s service was the consumer’s failure to pay bill. If the consumer should fail or refuse to pay the employee the additional service charge of not less than twenty-five dollars ($25.00), then the employee may decline to accept any smaller sum offered and shall proceed to disconnect the consumer’s service. Customers who require reconnection after regular business hours will be charged not less than sixty dollars ($60.00) in addition to the past-due bill which must be paid to the serviceman upon reconnection. A service charge of not less than twenty-seven dollars ($27.00) will be charged for handling all checks not accepted by banks, whether or not a collector has been dispatched.

Sec. 27-215. Deposit.

A deposit or suitable guarantee may be required of any customer before utility services are supplied. A deposit of not less than one hundred fifty dollars ($150.00) shall be received for residential customers. For other customers, the deposit shall be approximately one and one-half (1 ½) times the maximum monthly bill or estimated maximum in the case of new customers. The City may at its option return the deposit, without interest, to the customer after one (1) year. Upon termination of service, the deposit may be applied against unpaid bills of the customer and, if any balance remains after such application is made, such balance shall be refunded to the customer. This deposit secures all utility services supplied to the customer.

Sec. 27-216. Connection charges.

For new or change name, other than reconnecting for non-pay, a charge of not less than thirty dollars ($30.00) shall be made by the customer for connection of services during normal working hours. For new or change name, other than reconnecting for non-pay, a charge of not less than sixty dollars ($60.00) shall be made by the customer for connection of services after normal working hours. This fee includes connection of electricity, gas, water and wastewater, if available at that site.

Sec. 27-217. Charges for installation of service lines; permit required.

(a) A meter shall be installed upon each connection to the system which shall be read by a duly authorized agent of the City, who shall have access to the premises of each customer for such purpose at all times, and also, for the purpose of removing any such meter and any pipe of the City located on the premises in the event service is discontinued to such customer, and each customer by having or leaving his or her premises connected to the system and accepting service therefrom shall consent and agree to such access and such removal access and such removal. The following charges shall be made for the installation of water service lines from the water main to the meter location. The Water/Wastewater Department shall determine location of the water service lines and meter.

5/8” x ¾” Meter and Service Line ……………… $200.00
¾” Meter and Service Line ……………… $250.00
1” Meter and Service Line ……………… $300.00
1-1/2” or larger water Meter and Service Line will be based upon costs of materials and labor plus 40% overhead.

(b) Each applicant for the installation of a new water service line will furnish the City a permit from the City Building Department, permitting the excavation in the street, alley, parkway, etc., as required by the plumbing code of the City.

Sec. 27-218. More than one family or other separate consumer group on one meter.

In any case where a building is occupied by several consumers, all of whom are on one (1) meter service, the owner, lessee, or landlord of such building shall be charged with the entire account for water furnished. In such case, the minimum charge herein specified shall be made for each consumer in such building, and the question as to whether there shall be charge over such minimum shall be determined by the meter reading. The owner, landlord or lessee may at his option provide separate connections for the different consumers in said building, each of which will be metered by the City and the charge made to the consumer on such meter.

Sec. 27-219. Water main extensions/improvements-Application; investigation and cost estimate.

When any person shall make application for water service on a street or in an area where water mains or other improvements have not yet been installed, the management of the water department shall initiate an investigation, and shall secure an estimate of the cost and feasibility of extending its water lines or other improvements to serve such applicant. The cost of any extension shall be paid by the customer(s) requesting said extension. Costs of such extensions or improvements shall be paid in full prior to installation where estimates are equal to or less than five thousand dollars ($5,000). For estimates that are more than five thousand dollars ($5,000), fifty percent (50%) of the estimated cost shall be paid prior to installation of the extension, with the remaining balance, fifty percent (50%), due upon completion. In no event shall service connections be allowed to such extensions until all outstanding balances associated with the extension or other improvements is paid in full.

Sec. 27-220. Same-Pipe sizes.

In estimating the cost of any water main extension, the water department shall have authority to determine the size of the pipe to be installed. Pipe sizes shall be in accordance with the overall plan of the department for extending water mains in the area in question.

Sec. 27-221. Applicability of Sections 27-219 and 27-220.

Sections 27-219 and 27-220 above shall be generally applicable, except that commitments made by the water department and council before February 27, 1950, shall take precedence in the event of conflict.

Sec. 27-222. Permitting another to use.

It shall be unlawful for any person, who is a water consumer of the City, to allow any other person the use of water through his connection or hydrants, either for compensation, or as a gratuity, or under any arrangement to share the water rental. The intent of this section is to prevent the larceny of water and it shall be so construed.

Sec. 27-223. Procuring City water other than through normal distribution system.

It shall be unlawful for anyone to take or use any City water procured in any way except through the normal distribution system.

Sec. 27-224. Tampering with fire plugs, etc.

No one except members of the fire department or employees of the water department shall open or close any valve of any water pipe, fire cistern, fire hydrant, or water plug.

Sec. 27-225. Customer’s responsibility for city property.

(a) All meters, service connections, and other equipment furnished by the City shall be, and remain the property of the City. The customer shall provide a space for and exercise proper care to protect the property of the City on its premises and, in the event of loss or damage to the City’s property arising from neglect of customer to care for the same, the cost of the necessary repairs or replacements shall be paid by the customer. In the event a meter has been tampered with or the seal broken, the affected service to the customer may be disconnected until a service charge of not less than one hundred fifty dollars ($150.00) for each tampered meter is paid at the office of the City.

(b) Moreover, if any substance, article or material is placed on or in the vicinity of a meter which ultimately results in causing a meter to malfunction, this shall be interpreted as meter tampering and the affected service to the customer may be discontinued until a service charge of not less than one hundred and fifty dollars ($150.00) for each tampered meter is paid at the office of the City.

Sec. 27-226. Effecting Rates and Charges

With the exception of Sale for Resale consumers (Water & Fire Protection Authorities) all rates, charges and rules become effective on all meters read on and after February 1, 2003, with subsequent rates becoming effective July 1, 2004, and July 1, 2005 as provided herein. As noted in Sec. 27-212, rates become effective on all meters read on and after March 1, 2003 for Sale for Resale consumers (Water & Fire Protection Authorities).

ARTICLE VI. WASTEWATER SYSTEM

DIVISION 1. GENERALLY

Sec. 27-246. Tapping fees--Established.

(1) Fees for tapping and connecting to a City wastewater line shall be applicable only for connections where no current wastewater connection exists.

(2) Fees for tapping and connection are for the use and connection to the City’s wastewater line only. All associated costs for taps, maintenance of taps, service lines, and associated appurtenances shall be the responsibility of the property owner that is served by such connection.

(3) Tapping fees shall not be applicable to approved subdivisions or developments of which the developer has installed collection systems with sewer taps during construction of such systems as approved by the City of Florence Engineering, Planning, Building, and Water / Wastewater Departments.

(4) The tapping fee shall be as follows:

1. Single-family dwelling $150.00
2. Multifamily, per unit $ 75.00
3. Mobile home park, per unit $ 75.00
4. Office Complex, per suite $150.00
5. Commercial (6” or less tap, no process waste) $150.00
6. Commercial (more than 6” tap) $550.00

(5) Where more than one (1) lot is to be connected to a wastewater line through a private line, the tapping fee shall be established by the Water / Wastewater Department.

Sec. 27-247. Same–Payment prerequisite to tapping; penalty for nonpayment.

It is unlawful for any person to cut, tap, or make any connection with wastewater lines until the connection fees so provided for in section 27-246 shall have first been paid to the City.

Sec. 27-248. Method of tapping.

When it becomes necessary to tap any existing wastewater lines, such work shall be done in accordance with standard “details of wastewater tap” which are available in the Engineering Department.

Sec. 27-248.5. Wastewater rates and charges.

(a) The rates, fees and charges for the use of and the services furnished by the wastewater system of the City shall be fixed and established as follows, subject to such adjustments from time to time as may be necessary to carry out the provisions of any trust agreement or agreements executed, or any resolutions or ordinances adopted by the City in connection with the issuance of bonds, warrants, loans or securities of the City.

(b) The following monthly rates and charges for wastewater service rendered from the wastewater system shall be and hereby are established as follows:

Residential Urban/Rural Wastewater Service Charges

Effective Effective Effective
2/1/03 7/1/04 7/1/05
Per thousand gallons $2.75 $2.94 $3.09
*Maximum Monthly $27.50 $29.40 $30.90
Wastewater Service Charge
*The Maximum Monthly Wastewater Service Charges apply only to single family
residential service.

Commercial/Industrial Wastewater Service Charges

Effective Effective Effective
2/1/03 7/1/04 7/1/05
Per thousand gallons $2.63 $2.79 $2.87

The Maximum Monthly Wastewater Service Charges for Commercial/Industrial establishments shall be the amount computed by using the Wastewater Service Charges and Wastewater Minimum Monthly Meter Charges set out in this ordinance.
Residential Urban-Wastewater Minimum Monthly Meter Charge

Meter Size Effective Effective Effective
2/1/03 7/1/04 7/1/05

5/8” Meter $12.34 $13.21 $13.87
¾” Meter $19.60 $20.98 $22.02
1” Meter $36.90 $39.50 $41.46
1 ½” Meter $69.90 $74.74 $78.50
2” Meter $116.50 $124.68 $130.89

Residential Rural-Wastewater Minimum Monthly Meter Charge

Meter Size Effective Effective Effective
2/1/03 7/1/04 7/1/05

5/8” Meter $17.30 $18.53 $19.42
¾” Meter $27.22 $29.13 $30.55
1” Meter $49.97 $53.49 $56.14
1 ½” Meter $91.79 $98.32 $103.19
2” Meter $149.45 $160.09 $168.06

Urban Commercial/Industrial Wastewater Minimum Monthly Meter Charge

Meter Size Effective Effective Effective
2/1/03 7/1/04 7/1/05

5/8” Meter $11.80 $12.52 $12.90
¾” Meter $18.73 $19.88 $20.47
1” Meter $35.29 $37.42 $38.53
1-1/2” Meter $66.93 $70.91 $72.95
2” Meter $111.62 $118.31 $121.66
3” Meter $285.60 $302.68 $311.63
4” Meter $533.12 $564.43 $581.71
6” Meter $1042.30 $1102.45 $1135.29

Rural Commercial/Industrial Wastewater Minimum Monthly Meter Charge

Meter Size Effective Effective Effective
2/1/03 7/1/04 7/1/05

5/8” Meter $16.54 $17.55 $18.06
¾” Meter $26.00 $27.58 $28.40
1” Meter $47.75 $50.66 $52.17
1-1/2” Meter $87.76 $93.13 $95.91
2” Meter $142.95 $151.63 $156.25
3” Meter $352.30 $374.04 $385.30
4” Meter $647.01 $685.69 $706.85
6” Meter $1239.99 $1313.60 $1353.83

(a) Where more than one (1) house, building or structure used for living, eating or sleeping quarters or in which a business, occupation or profession is conducted or carried on, uses water through a common meter, each house, building or structure shall be subject to the minimum per month charge specified herein, unless the aggregate minimum charges for such houses, buildings or structures shall be less than the total amount of water as measured by the common meter, in which event the charge for the total amount of water as measured by the common meter shall prevail.

(b) In the case of each establishment that obtains from the City all water that is discharged into the wastewater system by or from such establishment, the quantity of water consumed during a billing period shall be deemed to be the quantity shown by the water bill rendered on the same statement. In the case of any establishment that discharges water into the wastewater system obtained from any source other than the City, the City will install a meter at the expense of the occupant of such establishment for the purpose of measuring the quantity of water consumed at such establishment. Any water customer who has reasonable access to the wastewater system, whether or not said customer is attached to the wastewater system, shall pay a wastewater bill as though they were connected to the wastewater system.

(c) The maximum monthly charge for commercial or industrial establishments shall be the amount computed by using the Wastewater Service Charges and Wastewater Minimum Monthly Meter Charges set out in this ordinance.

Sec. 27-249. Payment, lost discount/late payment penalties.

Bills under this rate schedule will be rendered monthly. Any amount of bill unpaid after the due date specified on bill will be subject to additional charges under distributor’s standard policy. Above rates and charges are net. In the event that any bill is not paid by the due date specified on the bill, there shall be added to the bill an amount equal to five (5) percent on the first two hundred fifty dollars ($250.00) of the bill plus one (1) percent on any portion of the bill exceeding two hundred fifty dollars ($250.00).

Sec. 27-250. Reconnection charge.

Whenever service has been discontinued by the City, as provided in the schedule of rules and regulations, a charge of not less than forty dollars ($40.00) may be collected by the City before service is restored. The City’s employee, when dispatched to disconnect a consumer’s service for failure to pay bill, or to collect a bad check, may accept payment of the full amount of the customer’s bill, or bad check, plus an additional service charge of not less than twenty-five dollars ($25.00), in which event the consumer’s service will not be disconnected; provided, however, that the only cause for discontinuance of a consumer’s service was the consumer’s failure to pay bill. If the consumer should fail or refuse to pay the employee the additional service charge of not less than twenty-five dollars ($25.00), then the employee may decline to accept any smaller sum offered and shall proceed to disconnect the consumer’s service. Customers who require reconnection after regular business hours will be charged not less than sixty dollars ($60.00) in addition to the past-due bill which must be paid to the serviceman upon reconnection. A service charge of not less than twenty-seven dollars ($27.00) will be charged for handling all checks not accepted by banks, whether or not a collector has been dispatched.

Sec. 27-251. Deposit.

A deposit or suitable guarantee may be required of any customer before utility services are supplied. A deposit of not less than one hundred fifty dollars ($150.00) shall be received for residential customers. For other customers, the deposit shall be approximately one and one-half (1 ½) times the maximum monthly bill or estimated maximum in the case of new customers. The City may at its option return the deposit, without interest, to the customer after one (1) year. Upon termination of service, the deposit may be applied against unpaid bills of the customer and, if any balance remains after such application is made, such balance shall be refunded to the customer. This deposit secures all utility services supplied to the customer.

Sec. 27-252. Connection charges.

For new or change name, other than reconnecting for non-pay, a charge of not less than thirty dollars ($30.00) shall be made by the customer for connection of services during normal working hours. For new or change name, other than reconnecting for non-pay, a charge of not less than sixty dollars ($60.00) shall be made by the customer for connection of services after normal working hours. This fee includes connection of electricity, gas, water and wastewater, if available at that site.

Sec. 27-253. Service to adjacent unincorporated areas.

(a) Flows will be accepted from any community or area so designated in the approved facilities plan to be served by the system, funded by EPA; generally, without regard to any condition other than user charges developed on an equitable costs basis and the terms of any intermunicipal agreements required by 40 CFR 35.2107.

(b) All OSHA requirements [shall] be met on all applicable projects.

(c) The discharge of uncontaminated cooling water is allowable to the storm sewer system (frequency of testing of those cooling waters for contaminants to be at the direction of the City Engineer).

Sec. 27-254. Rates and charges to be effective

These rates, charges and rules shall become effective on all meters read on and after February 1, 2003, with subsequent rates becoming effective July 1, 2004, and July 1, 2005 as provided herein.

This Ordinance shall become effective upon its adoption and publication.

ADOPTED this the _________ day of January, 2003.

______________________________

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_____________________________

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_____________________________
CITY COUNCIL

APPROVED this ________ day of January, 2003.

_____________________________
MAYOR

ADOPTED & APPROVED this _________ day of January, 2003.

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CITY CLERK-TREASURER