§ 32.9. Agreements.

1.

Requirements.

(a)

Commercial, industrial, agricultural, multifamily and other non-individual residential users that consume in excess of 25,000 gpd shall enter into an Agreement for the Delivery and Use of Reclaimed Water. Prior to execution of said agreement, the user shall complete an application for reclaimed water system as set forth in Section 32.10 of this Chapter.

(b)

Individual residential property owners or users shall apply for reclaimed water service as set forth in Section 32.10 of this Chapter.

(c)

All agreements shall be approved by the City Council prior to the delivery of reclaimed water.

2.

Contents. An Agreement for the Delivery and Use of Reclaimed Water shall contain, the following provisions:

(a)

Duration or term;

(b)

City responsibilities and services;

(c)

User responsibilities, including frequency of use and other irrigation times;

(d)

Delivery of reclaimed water under adverse conditions;

(e)

Rates and fees;

(f)

Notification requirements and procedures;

(g)

Inspections;

(h)

Transferability;

(i)

Indemnification;

(j)

Severability;

(k)

Legal description of the property;

(l)

Operating and Maintenance Procedures;

(m)

Schedule of flow quantities and application rates;

(n)

Certifications and signatures; and

(o)

Such other provisions as reasonably required by the Director of Public Works.

3.

Transfer or Assignment.

(a)

The City may assign its rights and obligations, in whole or in part, under an Agreement for the Delivery and Use of Reclaimed Water to an entity which shall assume such rights and obligations.

(b)

An Agreement for the Delivery and Use of Reclaimed Water shall not be transferable by the current user or property owner to another user or property owner without receiving prior approval from the Director of Public Works and completion of an application for reclaimed water service by the proposed assignee and acceptance by the City, and in no case shall the right to receive reclaimed water be transferable to the property other than that for which it was originally approved by the City.

(c)

If major modifications are proposed by the current or new property owner or user to the Agreement for the Delivery and Use of Reclaimed Water as a condition for the transfer or assignment to another user or property owner, then the modified Agreement shall be approved by the City as a new Agreement for the Delivery and Use of Reclaimed Water.

4.

Revocation. An Agreement for the Delivery and Use of Reclaimed Water may be revoked by the Director of Public Works for the following reasons:

(a)

Violation(s) or continued violations of the provisions as set forth in this Chapter the applicable Florida Statutes or Florida Administrative Code, or the Agreement for the Delivery and Use of Reclaimed Water;

(b)

Endangerment of public health and safety, such as possible contamination of the potable water supply;

(c)

Failure to implement a cross-connection control program;

(d)

Failure to eliminate cross-connections;

(e)

Intentional installation of a by-pass or cross connection;

(f)

Failure to correct deficiencies in the backflow prevention assembly or the reclaimed water system;

(g)

Tampering with the backflow prevention device;

(h)

Failure to perform the requisite routine inspections and testing of the backflow prevention assemblies or reclaimed water system;

(i)

Falsifying test results;

(j)

Failure to meet compliance schedules or to comply with consent decrees; or

(k)

Failure to pay fines or penalties;

(l)

Failure to pay any fee as set forth in this Chapter; and

(m)

Such other reasons as may be determined by the Director of Public Works.

5.

Extraordinary Arrangements.

(a)

Nothing in this Chapter shall be construed to prevent the City Council from entering into any agreement with any user of the reclaimed water system upon such terms and conditions as the City may prescribe.

(b)

The City Council shall have the sole authority to modify rates and fees in any Agreement for the Delivering and Use of Reclaimed Water in order to provide reclaimed water service to major commercial users or a complex of such users.

(Ord. of 5-6-2002, Doc. #020506702)