Ordinance 390.~ i
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SECTION 1 - SN GENERAL
1.01 Authority
This Ordinance is promulgated by the City Council of
the City of Longwood, Florida, pursuant and supplementary to the
legislative authority granted to the said Council in Chapter 952
Laws of Florida, 1923, as amended, togetfier with all other specia
or general laws applicable hereto.
1.02 Survsdvet ron and Powers
These regulations shall be applicable to all owners
and operato es of sanvta ry sewerage systems operating witRin the
City of Longwood, Florida.
The City Council shall exercvse jurisdiction and have
the power and authority to regulate and supervise each public
utility as defined herein in respect to charges and rates, servvice
and sexvvice areas with the City o£ Longwood, Florida, in accor-
dance with the standards set by the provisions o£ these regula-
t eons. This jucis di ction shall be exclusive and superior to that
of all other boards, age Gres, commvssvons, political subdivision
vn the designated ayes of Longwood, Florida, and in case of con-
fli ct all lawful acts, orders, rules and regulations of the City
Council shall in each instance prevail, subject to the Constitu-
tion and ge eral laws of the State of Florida. in the exercise
of such jurisdiction, the City Council sha 11 be vested with the
power, and it shall be its duty, to prescribe and fix just and
reasonable rates and charges, classifications, standards Gf
quality and measurement, and service rules and xeg ula tions to be
obs ecved and complied with Dy each public utility embraced within
the terms of this Ordinance; vn vts discretion to issue exclusive
franchises to sewerage utilities: to prescribe uniform sy ems
and classifications o£ accounts for each class of the public
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utilities, as defined herein, which, among other things, shall
set up adequate, fair and reasonable depreciation rates and
schedules; to eq ere each public utility to furnish and file
periodic repor[s and other reasonable information and data for
the proper administration and enforcement of the proves eons of
these regulations; to require appropriate administcat ive pers ~~ne
or departments of the City government ox others to perform the
work of compiling factual data and information necessary oz
reasonably required by the City Council for the proper pe rfo rma nc
of the duties and functions imposed upon it by the provisions of
these regulations; and to take such actvons necessary fox the
protection and px es erva tion of the public health, safety and
welfare in respect to sewer sere eces furnished with Longwood,
Florida, vn accordance with the terms and provisions of These
egulationa, subject to the limitations contavned latex herein.
The City Connril may administer oaths, certify to
official acts, ensue subpoenas, and compel the attendance of
wetness es and the production of papers, accounts, books, contract
documents and other records, data or information, when necessary,
conven vent, or appropriate in the discharge nF their duties in
connect von with the xeg ulat ion of public Utilities pursuant to
these reg atvons.
1.03 Sntent of Regulation
It is hereby determined and declared that the regulat is
and control o£ waste collection and disposal systems in Longwood,
Florida, vs necessary and essential for the protection of the
p lee health, safety and welfare and to provide for the orderly
growth o£ the City. The particular Public Utilities designated
and described herein are declared to be vested with a public
vntexest subject to governmental regulation, supervision and
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control, and these regulations shall be deemed and construed as
the exererse of the police power for protection of said vested
public interest of the city's evtvzens, residents and v>srtors.
It is the intent of these regulations to provide for the reason-
able, uniform, xegulat ions, supervision, and control of sewerage
systems in respect to charges and rates, standards of service,
qua L.i.ty o£ water, adequate collection and disposition of sewage,
service areas, and other matters pertaining to such public
utilities that directly affect the public health, safety, and
wel Fa re.
1.04 Limrta trons on Effect of Regulation
Nothing contained in these regulations shall be conat
as authorizing the i p rment or breach of any bona fide contra
ual arrangements entered into in good faith by a public utility
prior to the effective date of these regulations. Nor shall the
provisions of these reyuvations be construed to impair or defeat
the rights of any holders of revenue bonds, trust indentures,
mortgages or other instruments evidencing indebtedness of a public
utility issued or given in good faith prior to the effective date
hereof to recevve payment of such financial obligations in
accordance with the terms thereof. The City Council in the
exercise of its regulatory powers in respect to the rates and
charges and other contractual Agreements of public utilities as
Rerein defined shall take into consideration and give full fo cce
and effect to such instruments created and existing prior to the
effective date of these gala tions.
1.05 Rules and reguLa Ci.ons
The City Council shall make and p es cribe such rules
and regulations reasonably necessary and appropriate Eor the
proper administration and enforcement of the intent of chapter
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9825, Laws of Florida, 1923, as amended. Rules and xegulat ions
shall not conflict with the Constitution and general laws of the
State of Florida, and sha 11 govern and control pro ceduxes, hear-
ings and actions of the City Council and the Public Utrlrtres
re9 Mated thereunder. The City Council shall prescribe forms for
use by public utilities in compliance with the provisons of these
xeg ula tions.
1.06 Right to enter, roves ga e, r pe t and test.
Members of the City Council, or duly authorized
representatives of the Council may during all reasonable hours
enter upon any premises or property owned, operated ox occupied
by any public utility as defined herein, and may set up and use
thereon all necessary apparatus and appliances Eoi the purpose of
making investigations, inspections, examrna tions and tests, and
of ere rersi ng any of the powers conferred upon the Council by
these regulations: provided, however, that such public utility
shall have the right to be notified of and be represented at the
making of such investigations, rnspect io ns, examrna trons or tests
1.0] Franchises
The City Council of the City of Longwood, Florida, may
rss ue exclusive franchises for a period riot exceeding thirty
years for the co nstruct ron, operation and marnt enance of a sewer
system within Longwood, Florrda, as Bard Council may deem advis-
able, to any person, firms or corporations who presents to said
Council satisfactory evidence that such appLica nt can and will
furnish under tM1ese rules and regulations adequate coot rnuous
se rvrce to the inhabitants of the area fox which such fra nch rse
rs requested and where the Ci[y Council deems said franchise to
be in the best interest of the public health, safety and welfare.
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secm xola xl - oaelelT laNs
z.o1 Definition:
The following words and terms as used rn these regula-
tvons shall have Che following meanings, unless some other
meaning is plainly intended:
(a) Council sha 11 mean the City Council of the City of
Longwood, Florida.
(b) Citv shall mean Longwood, Florida, or the govern-
ing body thereof or vts official reprea enta rives.
(c) tility Fublic Util itv shall mean and include
any person, firm, corporation, partnership, aseocva tvon, legal
entity, special purpose or taxing district, and any lessee,
trustee or recevver thereof, owning, constructing, operating,
managing or controlling any sewerage works or sewerage system,
located in whole or vn part within the City o£ Longwood, Florida,
and purporting to serve the public directly or indirectly with
a sewer system for compensation.
Id) Chayg_ shall mean the compensation ox price
imposed, negotiated, or obtained by any public utility as herein
defined for any serve ce r produce and shall include all rates,
charges, tolls, fees, msts and rentals, unclad ing but not limite
to connectvon charges, the compensation or consideration charged,
collected or recerved under and pursuant to contracts rnvo lv ing
contributions rn aid of cons tructxon to defray costs or rnstalla-
[von, refundable or non-refundable agreements and other advances,
and all receipts or revenues collected, directly or indirectly,
for providing sewer servvices to the public.
(e) shall mean and be limited to a certi£i
care o public convenrence and neces city issued under and pursuant
to the provisions of these regulations.
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(f) _ shall mean any person
rece suing serer ce or making application for service.
(g) Service shall mean the physical terrrtox
which a public utility operates and actually provides sewage
collection se rv rces for individual customers ox others; or t
physical terrrtory in which the ut rlity is willing and able
assume the responsibility for providing sewer serer ces.
(h) Service is used in vts broadest and most rncl
system. Sewer connectrons are made between the tlt it ity's sewer
servrce lrne (or vtrlity sewage collection line) and the consume
or customer's sewer sexvv ce line.
(j) of delivery shall mean the point at which t
consumer s pipes or facilities are connected to those of the
utility's servrce line.
(k) Coll ect'on y sha 11 mean a system of sewers
and appurtenances for the collection, transportation and pumping
of waste water, sewage and/or industrial wastes.
(m) Lift s hall mean an appurtenance primarily
as socra ted with a sewerage system to lift sewage from.
ion and drscha rqe it at a higher elevat ron.
(n) collection line sha 11 mean a tin
_ity's public collect ion system but d can or
otil ity's Sewer Servrce Lrne nor the Customer s sewe
(o) e line s}~a 11 mean the
Utility's connecting line from the collection system ox utility's
sewage collection line to the Customer's sewer seivxce lrne
(building sewer) fox individual service to one or more cus tourers.
(p7 e 1'ne or building sewer
shall mean the extension from a sanrtary bu ild i.ng d.ra in to the
Utility's Sewer Service Line ox other place o£ disposal.
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S ECT IOx III
PN9L1C HEAA INGS AND AMENDMENT OF REGULATIONS
3.01 General
Public hearings on any matter formally before the City
Council shall be held in Council Chambers at City Hall, Longwood,
Flo rids, to aLLOw all interested parties to be heard. Notice and
advert iseme n< for said public hearings shall be in accordance wrt
reason of an vns off is ient notvice as to the general nature of the
matters to be considered at suet: hearing.
An agenda of each public hearing shall be available at
3.02 Notrce and Advertisement
Notvice and advertisement for all public hearings
required by these regulations, unless othevwise specif led, wherein
official act von vs to be taken, shall be advertised or published
and notice given as follows:
hearing, where all interested parties are to be heard, shall be
published at least once a week for four (4) cons ecutvve weeks
vmmedia rely prior to said hearing in a newspaper of general
cvr cola tion in Longwood, Florida. Said publication is to state
the tome and location of [he hearing, the nature of or matters to
be considered at said hearing including as nearly as possible, a
plain but brief description of the areas of the City, vn which
rates may be affected by said hearing. Prrox to amendment of
regulations the publicized notzce shall specify the nature of
proposed amendment ox change.
In addition to publication of notice of public
the publication sha 13 be sent by testified mail to each utility
registered with the council at least once, ten (30) Gays prior
to the date o£ the hearing.
(b) Pxzox to public hearings Feld fox matters other
than the fixing of charges, rates, or regulations, the Council
shall advertise at least once ten (lo) days prior to the public
hearing in a newspaper o£ gene zal circulation in Longwood, Florid
and send notice by ce rt i£ied mail to each utility registered with
the Council, and such notice and adveztis ement shall in general.
3.03 Conduct of Hearing
The order of business to be followed at any public
hearing shall be as set forth in the notice required and in
general as set forth in the agenda, except that the Council may
vary the agenda fox the convenzence of the public, the council,
or other interested persons. All tes ti ony offered at hearings
freely permit the cross examin atlon of witnesses and rebuttal
Council at public hea zings ox other meeting to ographically
reported and transcribed at his own expense, except that in the
event the same vs reported, such fact must be made known to the
Chairman o£ the Council. The name and address of such reporter
shall be spread upon the mvnut es of the meeting, and any person
desiring a transcript of said proceedings shall be entitled to a
copy thereof upon payment of the appropriate charges for the
same. All rate change hearings shall be reported at the expense
of the party applying for said change; but in the case of pro-
ceedings instituted by the Council, the repotted recozd shalt be
at the expe se o£ the council.
3.05 Qvorum and Manner of Act inq.
A majority of the members of the Covncil shall consti-
tute a quorum for tra nsa ct vons of business aT any meeting of the
Council, provided, that i£ less than a majority of the Councvl
are present ae said meet ieg, a majority of the council. present
may adjourn the meeting fzom tome to time without further notice.
The act of a majority o£ the Council members present at a meeting
at which a yuoxum is pxes ent shall be the action of the Council.
3.06 Appearances
Any individual may appear for himself before the Council
and any member of a partnership may appear at a proceeding or
hearing before the Council for such partnership upon adequate
identification. A bona fide officer of a corporation ox bona
fide agent designated in wrvting to appear fox such corpo cation.
Any person, fvrm or corporation may be represented by a properly
authorized attorney, authorized to practice law in the State of
elorida, or by a properly authorized pro £ess Tonal engineer,
regis tezed to practice professional eng ineexing in the State of
Florida, when such appearance and matter before the Council is
within the scope of their respective professional endeavors on
behalf of their clients:
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3.01 Amendments to Regulations
Theae xe9ulat ions may be amended at any crme in the
manner provided £or, fox adop['ion of Ordinances by the City of
ionywooa, rlo~iaa.
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secmxoN rv
xscxsmaxTxoer oe u omeaNxes; c cnaEs
of PUecxc coNVexxe cASS xmv; r.NO xNNUAL cross
aACaxeas mnx
a.ol Atq iatrat inn
Aeq istrat ion is required of every Utility who, on the
effective date of these requlat ions, rs engaged in operatiny,
const ructrng, or extending any sanrtary sewerage systems in the
incorporated ares of Longwood, Florida. Such registration shall
be accomplished by filing with the City Council within thirty
(30) days from the effect ive date of these requlat ions, a wrrtten
statement setting forth the Utility's name, principal place of
business, mailing address, number and type of connections, and
a description of the area wh'i.ch the utility company serves,
rncluding a map thereof. Such statement shall also specify the
type of service being fvrnis hed to such arEa, i.e., sewer service.
TM council shall yive eo every Public Utility so registered at
least ten (lo) days wrrtten notrce o£ any public hearing required
under these regulations. No public Utility shall be entitled to
recerve notrce of any public hearings under the provisions of
these regulations until it has registered as required under this
4.02 Certificate of Public Convenre nce and Neceas ity
Certificate of Public Convenrence and Necessity is
required for each exrsting public Utility, for new systems and
for ext ens cons of systems a otherwise engaged in the construc-
tion or p atron/of ea nynsewer system on the effective date of
these regulations. Such certrfr care shall authorize such public
utility to commence or continue such construct von, operation or
extens ion, and all exist g ompanies shall be required to pp y
for certificate within erxty (60) days of adoption of Chese Aules
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and Regulations. A11 commonly owned and operated sewer util iti
will be consolidated in a single Certificate.
4.03 Certificate of Public Conven rence and Necessity
required fnr New Systems.
system, or any facilities incident thereto, without first obtain
ing from the co wcil a certificate of Public Convenience and
Necessity or an amendment to its ex vsting certificate issued
pursuant to the provisions o£ these regulations.
4.04 certificate of Public Conven vence and xecessity
After the effective date of these regulations, no
public utility shall extend the facilities of its sewer system
outside the territorial limits described in vts then ex vsting
Cate of Public Convenience and xecessity or an amendment to its
existing Certificate in accordance with the provisions of these
regulations.
(a) Permvssible Ext ensvons. every company holding
course o£ business to areas or facilities located within the
territorial limits described in its then existing valid Certifi-
ca to without applying fora new or amended Certificate prow idinq
conditions outlined in Sectvon vIl and other applicable sect von
of the Rules and Requlat ions are satisfied and the investigative
Pec required i p g aph 4.08 has been paid.
4.05 Contents of Certificates; expiration date;
(a) Each Certificate of Public Convenience and
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Necessity issued hereunder for new or existing systems shall
conta cn the name of the public utility to which it is rssued, i
principal place of business, the nature of the service authorized,
and the specific terzxtory or sere rce azea or areas rn which th
public utility is authorized to operate, constzuct, ma cntarn,
repair, remove, and extend lines, facilities or equipment £or the
co Llection and disposal of sewage under, on, Dues, or across, and
along any public roads, streets or highways, for the purpose of
constructing or operating a sewer system. Each Certificate shall
contain adequate, uniform provisions:
(1) To prevent the Great von of any obstructions
or conditions which are or y become dangerous to the traveling
public.
(z) mo regnire the Liceaaee nnaer Baia cent ificat
to repair any damage or injury to the road or highway or street
by reason o£ the exezcrse of the privileges g anted in said
ceztif ica to and to repair said road or highway or street promptly,
res tozinq the same to a condition at least equal to that which
errs ted inmtedrateLy p or to the infliction of such damage ox
injury.
(3) Whereby the licensee under said Certificate
shall hold the Council and its members, and the City harmless
from the payment of any compensation or damages resulting from
ene exerc,se of the privileges graatea in aara cerc,frcate.
(a) mo require that, rn ene want of wraaniag o
repair or recons tract xon of any such road oz highway or street,
the public utility under such certificate shall move or remove
such sewerage lines at no cost to the City.
(5) To q re such additional un ifoxm under-
takings as may reasonably be necessary for the protection of the
public health, safety and welfare.
(b) Each certi Licate issued in accordance with the
p vts tuns of this ordinance shall remavn in force and effect
until termvna ted, rev vs ed, revoked or cancelled, upon due nonce
and hearing, rn accordance with the provisions herein contavned.
(c) Subject to the Limitations coma vned in this
Ordinance, the certificate shall be construed as vesting in the
Lawful holder thereof the exclusive right or privilege to operate
be construed as a franchise or to confer any vested property righ
upon the holder thereo [, nor to deny the right of the Council to
cancel, termvna to or revoke a certificate and grant another
certificate to another public utility to render the same type or
class o£ sere tee within the same terrttory, if the public conven-
vence and necessity and the public interest req uvre it, after due
certificate is authorized to serve, o the end that such maps,
sketches and descriptions shall be uniform and stanch rd ized.
4.06 Procedure for Certificate - ax tsting System
Each and every public utility engaged in the construc-
tton, operation or extenston of any sewer system on the effective
Council a Certificate of Public Convenience and Necessity
authorizing such public utility to contvnue serving the specific
servtce area or areas it served on [he effective date of these
regulatrons, iF wrthin svxty (60) days after the date on which
these regulations become effecttve application for such certifies
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4.0] Procedure for Certificate - New Systems.
All applications for certificates requ fixed under
Paragraph 4.03 Hereof shall be filed with the Council in com-
pliance with rules and reguLa lions Promulgated Dy the Council and
vn such Form as the Council may From tome to tome adopt or pre-
scribe. Each such application shall be accompanied by a filing
fee as shown in Paragraph 4.06. The number of co nnectrons used
vn determining the amount of the filing fee Eor a new system sha 1.
be determined on the basis of the number o£ connect vons proposed
to be served by the initial physical facilities planned. Upon
the filing o£ an application complying with the rules and segula-
t cons of the Councrl and payment of the filing fee, the Councrl
shall cause the application to be set for public hearing. Puzsu-
ant to such notrce of public hearing the Council sha 11 conduct a
public hearing to determine whether public convenre nce and
necessity require or permit such construct von or operation of sari
new sewer system; and the Council shall take into cons idexa Lion
whe [her or not in the iss mince of the certificate applied for it
would be in the public inteees t, health and welfare and whether
the applicant can reasonably be expected to provide adequate
servvice at reasonable rates. After such public hearing the
Council shall make its determination of public convenvence and
necessity and sha 11 state the reasons therefor and make findings
of fact upon which the de[erminat ion is predicated.
The Councrl may prescribed in the Certificate a
reasonable tome or trmes within which the applicant sha 11. provide
the servvices specified in the certificate within the sere rce area
ox to varvous parts of the servvice area described therein. Sf
ene aer~rcea anenoriaaa Dy the certificate are not proviaea witn-
rn the trme so prescribed, the Certificate shall be canceled and
shall be made and filed with the Council in the form prescribed
by the Council and the Council shell determine that the servrce
area or areas professed to be served by any gas lified applicant
does not conflict with the servrce area or areas professed to be
served by any other applicant and that the other requirements of
determine following issuance of Certificate of Public Convenience
consolidation o£ commonly owned and operated systems for purposes
of application and issuance of Cect if icat e. Each application fox
any other applicant the Covncil, after notice and public hearing,
s ha 11 resolve such conflict in professed servxce areas by a
determination establishing and fixing such boundary line or lines
other matters as the Council may deem appropriate in the public
xnteres t, health, and welfare, and the Council shall issue
certificates accordingly. In making such determination the
Council shall state its reasons therefor and make findings of the
facts upon which the determination is predi cat ed_
Council may adopt supplementary policies, requirements, and prp-
cedures from tame to tome for extens von where the public health,
safety, and welfare can be adequately provided for without comply
ing with the total procedures and requirements contained herein
for new systems. It will not be an automatic mandatory condition
of a certificate for an extensvon to a system, to provide immedi-
ate servvice vn the extensvon area. The Council, at vts discre-
tion, may grant a Ceri:if icate fox Extens von of sere vice area, and
vn the Certi.f icate m y pies cx ibe reasonable tome ox tomes for
providing sere vice and related matters as vs called for under 4.0]
An application for an extension to a servvice area not
vncluded in a then ex vs ting Certificate will be accompanied by a
filing fee determined as described in Paragraph 4. 0].
Sn the case of extensvon of pRysical facilities within
the terrvtorial limits described in a then valid Certificate (as
described in Paragraph 4.04 (a)) the plans, specifications, and
cost estvma to required under Paragraph ].Ol for such extensvon
o£ pM1ys ical facilities shall be accompanied by an Investigative
F'ee determined in accordance with the following table:
(-et erminedAas des crvbed in 4.0])
than 100
100s to 300
300 6 Above
4.09 zra ns £er of certificate
(a) val of C cil Aeov fixed. No Certificate
vss ued pursuant to the provisions of these regulations shall be
sold, vn whole or vn part, as fined, or tra nsferreo by the hold
to another, until the same Ras been approved and authorized by tR
council as herein provided.
(b) Application for A val of T nsfe r. When any
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rendered null and void; provided, that prior to the e pv at von
of the tome prescribed in the Certificate the Councilxsha 11 ha
the power, for good cause shown, to extend such tome and to im
such conditions as will assure the provid inq of adequate servi
at reasonable rates and any othar reasonable conditions commen
surate with the public interest, health and welfare.
The Council shall not grant a Certificate for the
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unto any territory described in a prior Certificate issued to
another public utility except in accordance with rules approved
by the Council, or unless the Council shall First determine, afte
public notvice and hearing, that the ex rs ting facil ieies are in-
adequate to meet the reasonable needs of the public involved, or
such determination, the Council may cevoke, amend, limit or
restrict any Certificate previously issued. In making any such
determination the Council sha 11 be governed by consideration of
consumers affected, adequate standards o£ sere ice at the lowest
feasible rates. Any such determination shall embody a statement
of the reasons therefor and Findings of the facts upon which ~E7~e
determination is predicated.
4.08 Procedure for certificate - extension of System
All such pplicatio ns for ce rtif icates required under
Paragraph 4.04 shall be filed wvth the Council in sucF form as
the Council shall from tome to tome prescribe. Procedure for
applying, and obtaining said Certificate shall comply with the
procedures and requirements for new systems except that the
the necessity of public hearing, and for the purpose of such
consrderat von, the Council may regui ie either, or both, of the
parties to such proposed tra na £er to appear before it for the
purpose of giving tes timo y, or to produce any such records or
information as the Council may direct and find necessary to
cons idea in passing upon said application.
(d1 Publ c_hearino on transfer. in the event one or
are fried with the Council objecting to the proposed transfer o£
serve, by mail, upon the applicants and all parties who have file
such protests a wrvtten notvice that a public hea rinq will be held
by the Council at a stated tome on the application for, and the
such hearing the applicants shall present testimony and evidence
rn support of the proposed transfer, and those who fiave filed
wrvtten protests shall be entitled to present tes tvmony and
evidence in opposition thereto.
a public hearing on an apptication Eor approval o£ transfer o£ a
not contrary to the public interest, health and welfare, vt shall
enter an aporopr is to order in the premises. if the Council finds
otherwise, the application sha 11 be denied.
If) Jud"c ral a Notw rths <a nd g
of the provisions herein, any executor, administrator, rece veer,
trustee rn bankruptcy or vn reorganization, or other court office ,
sha 11 be entitled, as judicial assignee, to operate the business
spen certificate is proposes to roe sofa, ass ignea, or iransferrea
all of the pasties nomrnal and actual, to such transactvon shall
jointly file an application with the Council, rn such form as may
be prescribed by said Council, and shall set forth, among other
things, the details of the transactions, specifying the cons idera
tics and the method of payment, the date such [ra nsactvon vs
des iced to be mss umma fed, a financial statement of the tra ns £ere
the certificate authority, if any, held by said transferee under
these regulations, the franchise authority, if any, held by the
transferee, and any other pertinent facts. Such application shal
be accompanied by a fee o In
such appli ration the proposed transferee shall agree to pay all
taxes, assessments, and obligations which may be due and owing
to the city, state, county and any other political subdivision of
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of the order by the Council approving the transfer, as a cond it io
precedent to such approval.
(c) of Piling pplication. Opon the filing of
an application for approval of the tca nsfer of a Certificate, the
Council shall issue and serve by mail upon all parties entitled
to Notice of Hearing on Application £or Certificate to commence
cons tract ron or operation of a new system, a written notrce which
s ha 11 costa rn the general pertinent facts of such application.
Said notice shall require any objections or protests to such
tra nsfez to be filed in wxvting with the Council, by a date to
notice, then and in that event, the Council may cons ilex said
application and act upon Cne same as an a pa to matter without
of the certificate M1olde r, without the approval of the Council,
upon filing with the Council a certified copy of h.is order o£
appointment, but any sale, transfer or ass ig rvnent by any such
judicial o£EVCer shall be subject to the terms and conditions
heeeof. Any sale or transfer accomplished by means of judicial
cial decree shall register and comply with all other provisions
When any public utility fails or refuses, or vs unable
to provide any reasonable servvice or make any reasonable exten-
sion of its exvsting facilities, within the territory authorized
to be served by the said public utility, as may be directed and
required by the Council, the Certificate held by said public
utility under the provisions of these regulations may be revoked
and cancelled in whole ox vn part by the Council after notvice anc
public hearing; and any public utility holding a Certificate for
the council authorizing a avmilar servvice an contiguous terrveo rl
may be authorized, after notvice and public hearing, to make such
reasonable extensions of its facilities into, and render such
reasonable servvice vn, the territory covered by any such ca ncelle
Ce rti£icate or portion thereof, as may be justified by the public
interest, health and welfare, and orderly growth of the City, anc
as may be required by public convenvence and necessity, provided,
however, that no public utility shall be required to extend its
facilities into such new territory, excep vn accordance with
rules approved by the Council. The power to cancel a Certif ica t<
as provided herein Eor £a i.lure to render servvice shall be in
addrt ron to the power of the Counerl to cancel a Certif irate whey
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the exvsting facilities aze vnadequate to provide for the reason-
able needs of Che consumers vnvolved, and in addition to the power
to levy and impose fines for violations of these regulations. i
ca ncellinq a Certificate the Council shall specifically itemaze
vn we rt ing the reasons and basis fox doing so.
4.11 era nch ise eee
Cach public utility operating under a Certificate issued
by the council, shall pay to the city each year for the privilege
o£ contvnuing to operate thereunder, and as a part of the cost
of providi nq public utility regulation in the public interest, a
fee equal to one and one-half per cent (1 1/2 %) of the annual
grass operating receipts of said public utility derived from its
coma vned in said Certificate. The franchise fee herein provided
sha 11 be due and payable on September 30 of each yeas, commencing
on September 30, 19'15. Said fee due September 30, 1975, sfia11 be
omputed on the basis o£ the gross receipts of each utility for
i the year 19>5. Thereafter, said fee shall be computed on the
basis of the gross ra ceipts of each utility for the 12-month
'.. period preceding the date on which said fee becomes due and
'.. payable. Payment of each years franchise fee shall be accompanie
by a statement verified by the Public Utility involved, showing
is gross operating receipts upon which sucfi franchise Fee is
omputed. This statement shall be in such form and detail as the
ouncil shall prescribe and shall be subject to audit by the City.
The Council may refund any ov oayment of any such payment and ma
cequr re the ut vl y pay such additional amount as may be due
n case of an underpayment.
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SLCT SON V - FRANCHISE
S.ol Application for Franchise.
(1) Any person, firm or corporation desiring to obtain
a sewer fxanch ise in Longwood, Florida, shall make applications
therefor in wrvting to the Council. Applira tion for franchise
s ha 11 be made on the Form n scribed by the Council. Each
application shall contarn the vnforma Lyon vncluding but not
limited to financial statements, maps, plans, charts, computation
or explanations which the Council may require to disclose the
plan of operation of the applicant, his qualifications, capa-
b it ities, and experience, and the feasibility and necessity fox
the issvan re of the franchise requested.
(2) Ga ch application shall include all of the area
rncluded within its termrnal bovndaries except those areas now
being served or under franchise by another utility company or
served by the City of Longwood, £'lor ida.
(3) Each application shall give the legal description
o£ the total franchise area sought.
(4) Each applicant shall supply a written description
and map indicating when servvice >s to be p ovided in va xvous
described parts of the franchise area requested.
5.02 Application Fees.
(1) Each application, to be considered, shall be
accompanied by a cashier's check to cover the application fee
for the area to be served in accordance witfi the following
schedule:
FRANCHISe AReA AG40ESTE~ -
150 or less
151 to 200
201 to 300
301 t 400
401 t 500
501 acres and above
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(2) A fee of _ shall accompany the
application for fxanch is es foz facilities providing servrce co
single facility such as a shopping center, xes taurant, motel,
trailer court, farm with migzant workers, hunting or Fishing camp,
Laundry, recces tvonal camp, apartments, ho<el and other relativel
small, indiviGUal systems, subject to revrew and approval by the
Council fox compliance with the intent of this sect con.
(3) Extens cons
(a) Extensions in servrce area may be consolidat
with The original. fra ncfi ise and sha 11 be granted only when the
Council is satisfied that the applicant intends to offer sere rc
rn the new area sought within a reasonable period of time and the
franchise would be in the int B=ests of the public health, safety
sna welfare. An application to axtena a francnise into ac=es n
rncluded within the original franchise area shall be accompanied
by a fee determined according to the scnedule shown under
Pa ragraph 5.02 (1).
(4) The application fee required herein sna 11 be used
by the Council to defray the expenses of investigation, publica-
tion, stenographic servrce for recording testimony upon said
applications and the preparation o£ a transcript of the pxoceed-
i nqs at any hearing. Any excess o£ such fee sna 11 be paid into
the general revenue fund of the City.
5.03 Data to be submitted with Franchise Appliracion:
(1) Typa of Francnisa aesixea: sewerage
(2) Area fox which Franchise is xeq ues cea
(a) Desc ip on by area and by bounaa xres.
(b) Map of area clearly defining termvnal bound-
acres of area to be served; adjacent areas served by other
utility systems; identification of areas to be served initially
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and subsequent areas to be served theeeafter wxihxn reasonable
(37 A wrvt ten time schedule of sere vice to be provided
to varvous parts of Che Era nch ise areas shown on the map required
vn 5.03 (2) (b) .
(4) Estvmated number of servvices vn
(a( Inrt ial Development,
(b7 Ultimate development area giving estvma ted
tome vn years to completion o[ ultimate development.
(5) Description of facilities to be provided including
location of plants, type of Treatment process, equipment to be
utilized, storage tanks, approximation of pipe svzes, materials,
pxelimina cy cost estvmates and other additional infoxma tion as
the Council may require.
(67 Proposed Rate Schedule.
(~) Est vma to of Operating Cost and Revenue.
(8) Estimate of value of facilities expected to be
contributed to utility company.
(9) Fvnancial statement of corporation or legal entity
that will be directly and legally responsible for the construct voi
and operation o£ the utility and any other pertinent £iscal data
or relationships.
(10) current Balance sheet and Statement o£ income.
(11) Utility Company's experience oc qualification data
vncl udi ng owners, management, key personnel and equipment.
5.04 Eotvice to property owners.
The several owners embraced in the area sM1a 11 be
as certa rued from the County Tax Assessor s ro 11 on file in the
Cvrcurt court clerk s Office. Whenever a y such owner rs not the
applicant £or franchise; such owner shall be scxved by the
applicant with a notvice o£ a hearing and a copy of the applica-
t von, exclusive of exhibits, personally, or by ll. S. Aegist er ed
or Certi Fi.ed Mail, at least ten (10) days prior Co the dale of
hearing, or vn lieu [hereof, appl i.ca nt must present signed
wavvers or consents of Bach owners to the granting of the fran-
chise applied for.
5.05 Public Notvice and Hearing.
(1) Upon the filing of application For franchise, the
Council shall fix a date for the hearing of such applicaT ion and
thereupon public notvice sha 11 be given in substantially the
following form to be published and notvices sent to utilities
reg is to red with the City as required by Pa ragxaph 3.02 (b7 herein.
NOT ICe O FRANCHISE
NOTICE IS H-
has applied [ the City Council o the City o
Dogwood, Florida, for the i of a r
franchise embracing the fo Mowing cries cribedWe
lands in Seminole Coun[y, Florida, to-wvt.
(nescript ion of property)
ity C nc it of the City o Dogwood,
Flodr ida, will hold a public hearing a
'clock .M., o aid franchise applic n
the Council chambers a ity Hall, Longwood,
Florida, on the day ofC 1.9
and all persons affected o interested i uch
franchise application a ted to be present
at said time and place to v their approval
or dvsapproval of said fra n~h ise application.
DATE- this day of 19_
City Clerk
City of Longwood, Florida
(2) Opon the date fixed for the hearing of said fran-
chise application, vt shall be the duty of the Council to cons id
er savd franchise application and hear all persons des iri~y to b
heard thereon and to grant or deny the same, the franchise, if
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granted, shall enc p s the designated area with performance
conditions as to time of peovidi ng servvice vn the several parts
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(3) whenever a franchise application is for a non-
exvsting sewer Ea cility, the Council in vts dis cxetion may require
the applicant to Furnish said Council a 100Y, performance bond
Council sha 1.1 require. Such bond shall not be required in a
agreeable to a wa vver of such bond requirement; however, sa rd
Council will reserve the right to wa vve such bond requitement
whenever such warver an the discretion of the Council appears to
be proper under all of the cv reams tan ces. All franchises issued
pursuant [o [he provisions of these regulations shall provide
[hat in the event such franchise holder aha 11 violate any of the
terms, conditions or provisions of such franchise or any rule or
regulation imposed hereby or by the State Board of Health for a
period of thirty (30) days after ha vi nq been notified in wrrt ing
by the council to cease and desist from such violation, the holder
of said franchise shall be deemed to have forfeited the same and
such forferture may be additionally declared by a Judge of the
C vrcuit Court of Semvnole in such manner as vs provided for
forfeiture o£ a munvcipal franchise.
5.06 Existing Public tltiliti es.
Franchises may be granted to owners of exvsting ut ilitie
holding a valid Certificate o£ Public Convenvence and Necessity,
upon app catron, payment of fees, notrce and public hearing, and
upon pzes enta tion of the Council and determination by the Council
that sand exrs ting system is v god cepai r, vs providing adequate
servvice vn keeping with these rules and regulations, and is vn
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physical and financial condition to contvnue such sere vice and t
improve and expand as may be required of it vn the future in th
serv rce area applied for. Furthermore, a franchise shall be
granted for either the existing service area o£ the utility or
fox an area la rgex than presently served when the Council deter
my nes such franchise to be in the interest of the public health
safety and welfare and the procedures and requirements of 5.01,
5.02, 5.03, 5.04, and 5.05 have been met.
The Council will not grant a Era nch ire for the con-
struct ion, operation or extens von of a sewer system in or unto
any territory served by any public utility or the munrcipality
or vn oc into any territory defined in a franchise issued to a
public utility ox which otherwise would compete with any other
sewer system unl es the Council sha 11 first determine, after
public notvice and public hearing, that the ex vsting facilities
are znadeq uate to meet the reasonable needs of the public and t
the public utility or munvcipal ity owning or operat inq the ex vs
ing facilities has refused or ss and will co~trnue to be unable
to meet the seasonable needs of the public. In the event of an
such determination being made the Council shall, to the extent
required Dy the determination shall embody a statement by the
Council of its reasons therefor and findings by the Council of
the subsidiary facts on which the determination is predicated.
5.08 Rights of Fra nchiae Holder
(1) A £ra nchise will be granted Fox such p iod of
tome as may be fixed by said Council but not vn excess of Yhirt
(30) years, and will be exci us vve or non-exclusive as may be
detezmined by said Council. in order that the public health,
safety and welfare and orderly growth of Longwood, Florida, wil
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An exclusive franchise will confer the sole right
duties and requirements imposed by ex vs ting law and these rules
and regulations and subsequent amendments thereof. The holder
of an exclusive franchise shall be required to serve the owner,
tenant or occupant of each lot or parcel of land within the fran-
ch ire area which abuts upon a street or other public way contain-
ing a sewer rya tem which may be served thereby. A non-exclusive
franchise shall be upon such terms and conditions as said Council
may deteimi ne to be reasonable and proper under the cvrcumstance
It shall be the duty and obligation of the franchise holder to
provide sewerage connectrons to the property lone of each lot
abutting upon a street, public right of way or easement, where
such facilities are vnstalled and the charges to property owners
for such utility's sewer servvice lines or connectrons shall be
uniform, xca so nable, and non-dis crimina <ory.
(2) Sewerage servvice shall be required to be installed
ox extended by the franchise holder in Mis servvice area whenever
vt will be in keeping with sound and reasonable utility business
practices and economy cs as determined by the Council and the
property owners or others recevv g servvice axe will inq to pay a
spread, high quality utility servvice, to protect the franchise
holder from unreasonable fina ncval hardship; to ma vnta vn Gusto
rates for utility servvice at as low a level as vs reasonably
possible; and to provide ronnnectvo n, extens von and servvice
utvl vz ing uniform, reasonable and non-discriminatory policiea
(3) Any utility may adopt such additional uniform non
d is crimi natoxy rules and regulations governing its relations wvt
customers as it finds necessary or desirable and which axe not
v nconsvs tent with these rules and regulations. Such rules and
regulations shall be filed with the Council. P,a ch utility sfiall
file with the Council tariff schedules for all rates and charges
fox customer sere vices. No rules and regulations, or schedules o
xa Les and cha ages, or modifications oz rev vs eons of Che same
established after the effective date of these regulations, sfiall
De effective until filed with and approved by the Council.
(4) Holders of any such franchise may use any public
street, avenue, roadway, alleyway or easement within the area
described in said franchise for the purpose of laying, placing,
repairing, ma vntavn.i.ng and operating sewer mavns, Mouse servvices
and appurtenances thereto, as vs necessary ox proper for the
successful operation, use or control of such sewerage systems.
Such use shall be in compliance with city and county requirement
for street opening permits and other applicable regulations.
(57 It vs not the purpose of these rules and regula-
tions to specify all of the terms and conditions to be included
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ula Lions shall not be taken or held Co imply the relinquishment
by the City of its power to make ocher reasonable requirements a.
said Council may determine to be necessary and proper to secure
the health, safety, weLfa re and orderly growth of the City,
a ccommodat von of the public, unclad y he iyht to adopt and
enforce regulations to protect the public from the danger and
vnconven vence vn the management and operation of sewer systems
and to provide the servvice contemplated by the issuance of any
Franchise, rncluding the right of said council of having a
receiver immediately appointed by a court of competent jurisdic-
tion for the purpose of having such a receiver operate any such
sewer system whenever it appears to said Council that interrupti
or stoppage of satisfactory service is threatened or appears to
be imminent.
(6) A franchise holder shall have the right to a
renewal of its franchise unless it can be demonstrated that:
(a) The franchise holder has failed to furnish
reasonably sufficient, adequate and efficient services to the
inhabitants o£ the franchise area, or
(b) The granting of such a renewal will not be
in the best interests of the health, safety and welfare of the
inhab ica nts of Longwood, Florida.
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SECTION VI - CFII~AGES AND RATES
6.01. General
The Council is e _ erect to fix reasonable rates and
fees which may be charged by utilities fox all sere rtes, products
and labor rendered. No public utility shall charge or recerve,
directly or indirectly, any rates, charges, or fees not on file
with the council for the particular class of servrce rnvolved,
and no change shall be made in any such rates without the approva.
of the Council, after due notice and public hearing. Each ut it it}
shall Eile with the Counerl schedules for all rates and charges
for customer sere vices and copies of all rules and xeg ulations
governing the relation of customer and utility. No rules and
regulations, or schedules of rates and charges, or modifications
or rev vs tuns of the same established after the effective date of
these regulations, shall be effective until filed with and
approved by the Council.
Any utility may adopt such additional uniform non-
discr imi natoxy rules ant reg uiat ions governing its relations with
customers as vt finds necessary or desirable and which are not
vncons istent with these eules. Such rules and regulations shall
const vt ute an rntegral part of the ut ility~s rates and charges
and shall be filed with them. Utilities shall be permitted,
though not required, to set uniform, non-discriminatory policies,
and to collect penalty charges, for non-payment, late payment and
resuming service after cutting off servrce for non-payment of
bills, and to co Ll.ect reasonable non-discriminatory deposits foz
sere rtes to be rendered.
6.02 Schedule of ex rs ting rates to be filed.
Within thirty (307 days after the effective date of
these regula tiona, each public utility shall file with the Councr
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a schedule showing all rates, classifications and charges for
service of every kind fain is hed by it, and all rules and xegula-
ttons in force and effective relating thereto.
6.03 In tt ial rates declared lawful.
All rates and charges of every public utility in effect
and actually being collected or received on the effective date
of these regulations, shall be the lawful rates and cha ages for
said public utility until changes in accordance with the provi-
stony of these regulations or by court decree.
Each £ranch ire issued shall state the inttial rates and
~.. charges to be made for services to be rendered to inhabitants o£
the franchised area.
6.E4 Change in Aates by ApplLCatio2~.
(a) Application. Any public utility holding a valid
ertif icate, and not to violation of any of the provisions o£
these regulations, desiring to change any rate, or clunge any
rule ox regulation relating thereto, shall file with the Council
writte application showing the cha nqe or changes proposed and
the date when the change or chany es are to become effective,
which date shall not be less than ninety (9oI days after the
filing of application, and shall file with such aopl ication a
rttten explanation of the reasons For and the reasonableness of
the oropos ed change or changes and a verified financial stateme
together with such other information as may be pros cribed by
ales or regulations adopted by the Council.
(b) Public Notice. mhe Public [It it ity shall also give
uch public notice of the proposed change or changes as the
ouncii may direct.
(cJ Fublic Hearing. After due notice, the Council
shall hold and conduct a public hearing within thirty-five (35)
days after receipt of an application to aetermine whacnar the
pxopos ed rates ar 1 t, reasonable, sufficient, compensatory or
excessvve. Every public hearing snail be conducted with all
practicable and feasible expedition and with only such contrn-
uances and other delays as rn the judgment of the Council are
imperatively and unavoidably necessary in the public interest.
At such public hearing it aha 11 be the burden of [he public util-
ity to justify any increase vn exvsting rates by appropriate and
proper testimony and evidence.
Council shall render its decision upon the application, wnich
decision shall embody a statement by the Council of the reasons
therefor and finding of the facts upon which the determination
vs predicated and the effective date upon which any change in
rates shall become effective.
(e) Cost of cecord of hearing. where a rate hearing
vs Held pursuant to application filed by a public utility, the
cost of providing a full and complete original record of the pro-
ceedings before the Council, taken down by a reporter appointed,
selected or approved by the Council, sfiall be paid Fox by the
a pp Li ent. Where a rate hearing is rnrt rated by [ne Council, the
Council shall pay the cost o£ providing the ozig final transcript.
(f) Consolidation. All commonly owned or operated
sewer utilities within the City shall be consolidated for rate
making purposes in like manner unless it shall be determined by
the Council following Notvice and the public nearing on change i
rates that such consolidation is not reasonably equitable to the
utilities and them customers.
6.05 change in Gates on Motvon o£ council.
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The Council is empowered to fix just and reasonable
rates and fees which may be charged by utilities £ox all se rvrces
zendezed.
(a) Public hearing on rates. The Council, aftez due
not rce, may hold a public hearing, on its own motron or upon
complaint, for the purpose of consrde ri ng, rnvestigati nq, cha ng in
os fixing the rates and cha rg¢ of any public ut ilties. If, as a
result of any such hearing and investigation, the Council finds
that the rates, charges, classifications or practices of any such
public ut rlity are unjust, unreasonable, unjustly discriminatory,
or unduly preferential, or that the rates and charges are vns uffi
event to yield reasonable compensation Fox the servrce rendered,
the Councrl shall determrne and fvx just and reasonable rates,
charges, classifications, and practices to be thereafter observed
and conformed to by said public utility.
(b) Deois ions on rate changes, the oos£ o_ record of
hearing, and consolidation as specified under 6. 09 (dj, 6. 04 (e),
and 6.04 (f) herein.
6.06 Investment Bas rs £or pvx ing of Rates.
In fixing and determinq ing just and reasonable rates an
charges, the Covncil shall investigate and det ermvne the actual
legitimate costs of the property of each public utility actually
used and useful or having present value for future use rn the
public servvice, which costs as determined by the Council shall be
utilized for rate-making purposes and shall be the money hones tl.y
and prudently invested by the public utility in such property
used and useful in sere g he public, less accrued depreciation,
and shall not vnclude any g d will or going concern va LUe in
excess o£ p yments made therefor.
The Council, after public hearing, may ascertain and
fix the actual legitimate cost of the whole or any part of the
property or system of any public utility as herein defined, the
al LOwab l.e depreciation, ordinary and appropriate expenses of
operation and a fair rate of return znsofar as may be necessary
or des fixable to the exerczse by the Council of ats jurisdiction
under these regulations. Rates shall be based on the following:
(a) A return o£ the ordinary and appropziate expenses
of o_ at von as described in Paragraph 6.10 herein.
(b) A fair sate of return on the depreciated invest-
ment (rate base) zn use and useful servzce as defined in Pa ragrap
6.08 herein provided that said rate of return vs fair to the
consuming public and just and reasonable for the sere zees rende
6.0"1 Data to be submitted for Rate Cba nges:
Public Utilities requesting a change in xa te, opposing
a rate reduction, or upon request by the Council, sFall submit
the following data:
(a7 Certified detailed information that accurately
describes, vtemvzes znd substantiates the ra to base and depeecia-
t von as defined and allowed under these zegulat ions.
(b) Fsom the company bookkeeping record and traceable
thereto, provide an analysis of actual income and actual opera~~
tvon expenses for the t o previous fiscal years of the utility,
all as defined and allowable under these regulations.
fc) project the operating expenses, as defined and
allowable undez these regulations, of the utility for the
succeeding year and project the increase zn connect vo as, wat ex,
sewerage use, etc.
(d) Analyze the last previous year and the succeeding
year at the present and proposed rates as to vncome and operating
expenses and determine the rate of return on the rate base fox
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each of the 2 years at present and proposed xa tes and the effect
of the proposed rates on net zncome.
(e) Othex data that the Council may request.
6.08 Aate Base
Rate base shall include the actual leg it imaie costs of
the property of the public ut zl ity as defined by Paragraph 6.06
and shall include:
(1) Aate base includes the depreciated value of:
(a) Bus rness organization and application expense
(bl Actual construct zon cost of all facilities
used and useFUl or having present value for future use vn the
public se rv vice as Further defined in Pa zag raph 6.06.
(cl Actual legal, account g, and e gv Bering
costs assocrated with the construction o£ the facilities. (Maxi-
mum of 20% of construction cost allowable.)
(d) Inventory of tools, spare parts, equipment,
etc. (Maximum of 1/12 annual operation expense allowable.)
(2) Market value of land owned and being used by the
utility fox sewer service.
(3) The rate base may also include an allowance for
work irg capital not to exceed 1/B annual opezating expenses.
(4) Rate base specifically does not include assets of
any nature recevved as a con..ribut ion in aid of cons tructzon that
have already been paid For directly ox indirectly by the utility
(a) It vs presumed that contributions to utilit
prior to the effective date hereof From a parent, subsidiary of
comrtonly owned corporation in the Land development or home
building business are indirect customer contributions in aid oL
contt ruct zon to the extent that the contribution $200.00 per
co nnect von fora sewer connect von. Utilities wishing to receiv
a credit in their rate base for a contribution from a subsidiary,
parent of commonly owned land development corporation, shall on
or before svxty (60) days of the effective date hereof fuxn i.sh
the Council with an affidavit and such othez infozna Lion as the
Council may require cent ifyiny (1) the value of the contribution,
(2) vts source, (3) the number o£ connections in effect as of the
effective date hereof, and (4) that the utility's customers do
have an undetermined vested pub Lic interest in the contributed
facilities, and because of the extreme i.mpra ct icabil ity of
determining the actual valve of said vested public interest, the
utility agrees that the foregoinq des czibed credit be allowed i
their rate base as an acceptable approximation of the difference
between the depreciated cost of the contributed facilities and
the vested public interest vn same. For cause shown prior to
the 60th day, the Council may grant an extension of the time in
which said affidavit shall be filed.
(51 Construction costs above those normally encountern3
fox the type and class of construction wo zk under co naide ra tion
will not be allowed to be included in the sate base computations,
unless the Utility can produce evidence satisfactory to the
Council, indicating that actual special conditions of the work
caused the increased cost claimed.
6.09 Depreciation and Amortvza[von.
Depreciation shall be co p ted on a straight line
basis over the useful life of the assets and shall De based on
the o=ig final cost of the facility plus it p -rated share of
engineering, legal and accounting charges.
It is the intent of the Council that depreciation of
contributed facilities will be allowed as an opera [ing expense
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when the contributed facilities are vn useful sexvvice.
Busyness formation expenses and application expenses
may be amortrz ed over tRe Sife of franchise.
6.10 Operation expenses.
(17 Operation expense includes all ordinary labor,
material and supplies necessary to operate and marnta rn the
utility system, all utilities, sta ti.onery, vnsu ra nce, taxes,
rnclud ing federal income taxes, fees, automot xve expenses, manage
ment expenses, accounting expenses, legal expenses, engineering
expenses and other ordinary and proper expenses appropx is to For
the operation of the utility except dividends and interest on
capital borrowed for ordinary operating e p ses which is not
allowable (See allowance for working c p al rn rate base rn
6.08). Where it can be shown that debt was rncuxxed in the
crea tron or replacement of capital improvements needed for
improved or expanded serv vice, reasonable amounts of interest
therefore are allowable as an p ating expense.
(2) The burden of proof of the validity of all operate
expenses, and the rate base, vs placed on the utility.
6.11 Farr Rate of Return.
Farr rate of return on the utility's rate base as
defined herein shall be determined by the Council's taking into
consideration the type and quality of servrce actually being
provided, the cost of capital including the costs of common eq uit}
bonds, and other components making op the capital stxuc to re.
Consideration will be given to the capital rrsk, amount of the
actual investment by the utility, comparable current business and
monetary conditions, and the rates resulting to the cm suming
public to unsure that said rates ar lust and reasonable for tfie
aer~xcea renaerea. -
6.12 Connect run Fees.
The connect von fee for sewer connections may be any
charge up to $150.00 or the actual cost of making the connectvon
whichever is greater. On the records of the utility these fees
shall be offset against the cost o£ connections. Reconnection
cha ages shall not exceed actual cost.
6.13 Other income.
Whereas these rules and regulations only speak of
servrce zevenues and connections fees for sewer taps, any othez
income actually earned by the utility company in providing sewer
secvvice shall be taken into account for rate-making purposes.
SECTION VII
CONSTRUCT ION, SERVICE AND OPERATION
7.01 Construction.
Plans, specifications, and cost estrma to for inr[ial
facilities and for all additions thereto and enlargements thereof
shall be prepared by a competent engineer registered in The State
of k'lorida and such plans and speci£i cat ions sha 11 be submitted
to and approved by the Flocida Stale Department of Air and Water
Pollution Control and by the City before the construct von of such
lion Control currently used application form, and the State
may be ut rlrzed. kollow ing original submittal and approval,
standard drawings and specifications may be omrtted from subse-
tvon Control app zova 1, but will not give final City approval
until the State Depa tmeni of Aar and Wa tex Pollution Control
approval letter has been recerved by the City and rev revved. Any
significant deviation o£ construction from the approved plans
shall be made only after the Utility rece eves approval fox devia-
trop from the above designated agencies. Reference is hereby
made to other appcopria to City regulations for building permits
and conditions of road opening permit and co nstructron.
The City shall have the right to rns pect the constcuc-
tron of any work being constructed under these regulations and to
cake any appropriate actvon allowed under these regulations. The
City has the right to inspect cosst rust von but is not obligated
to so rnspect or make any intermediate or final approvals of any
part or the whole of the construction, excepting the requirements
of the City of Longwood Code.
~. 02 Data to be submitted following completion of
construction:
(1) Within nrnety (90) days following the completion
o£ any cons tructron authorized by the City, the Utility will
submit the following data to the City:
(a) As-built plans showing actual work done.
(b7 Responsible Registered Engineer's Certificate
stating that the facilities were constructed according to as-
built plans.
(2) At [he tome the Utility submits its annual report
as required elsewhere, rt shall furnish certified cost data in-
chiding land costs, contt ruct ron, financing, engineering, and
legal costs and othec req rred data in such form as the Council
may prescribe.
7.03 Servvice requlations in general:
The Council shall have the power to prescribe £a yr and
reasonable classifications and extena ron policies, uniform
standards of quality and measurement, mvnvmum standards of sere
and servvice rules and regulations to be observed, adhered to and
omplied with by every public utility, but the same shall be
pzescribed only after Folding a public hearing on the proposed
classification, sea ndard, or rule or regulation, x11 public
it it it ies will observe, adhere to and c ply with mvnvmum stan-
eh rds of quality, measurement, and sere rce prescribed by the
7.04 Sufficient and efficient, non-discriminatory
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Ca ch public utility shall furnish to each person apply-
ing therefor and eligible for servvice under these regulations,
wrthin the territory authorieed to be served by said utility,
reasonably softie ient, adequate and efficient servvice p such
reasonable terms as may be req ui.red by the Council. No public
utility shall make or give any undue or unreasonable advantage tc
any person oz territory or subject the same to any undue or
aut horived to enter into reasonable contracts with the owner or
owners of all or substantially all of the lots in a subdivision
or area, vided, that a y such proposed contract sha 11 either
conform to the terms and conditions prescribed by rules approved
Council. No such contract shall be approved by the Council that
rs contrary to the public interest or would adversely affect the
utility's ability to render adequate and efficient servvice to its
ex rsting customers.
(b) The provisions of this sectron sha 11 not apply to
nor affect any bona fide contract or g Bement entered into and
delivered prior to the effective date of thrs ordinance, and in
respect to such contracts the provisions of these regulations
g erning the regulation of rates and charges shall apply only to
rates and charges for service after the installs tron and connec-
tron of the £acil it ies of the public utrl rt res made under such
prior contracts. '
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7.06 Minimum design stanaa rds for new utilities.
Sewerage facilities shall be designed, cons tx uct ed and
operated acw rd ing to the requirements and recommendations of
the Florida State Department of Avr and Water Pollution Control.
A11 sewerage utilities will provide p ants and equip-
ment with proven satisfactory experience records and will prow id.
for the following: chlorination of all plant effluents; a mrni-
mum of complete secondary treatment and any additional treatment
that the State Department of Avr and Water Pollution Control may
require; disposal of treated and chlorinated effluent to a streai
or body o£ wa[ex prow id.inq adequate low flow dilution or dis pos a.
of the effluent to the ground all according to the State Depart-
ure nt of Air and Water Pollution Control requirements. Tfie folio:
ing will be provided whenever reasonable and practical, as tfie
Council may determine for the particular installation: Flow
measurement devices at lift stn tvo na and plants (a mrnvmum of
elapsed tome meters on y em lift stations and plant lift
stations will be provided): duplicate facilities, and/or auxili-
ary power to provide cont vnuous sere ice during equipment break-
down or ma vntenance and power failure as may be reasonable and
proper for the individual installation.
In cases of very small rural type sewerage systems in
areas not likely to become further developed or an other appro-
pria to cases, the Council may, rn its discretion, except certain
of the above minimum design standards as v[ may deem appropriate
in a manner cons vstent with the State Department of Avx and
Water Pollution Control regulations.
7.07 Upgrading of ex vs ring utilities.
A 11. sewe 9e plants shall also promptly comply with
any orders from U:e State Department of Avr and Water Pollution
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Exrsting utilities sha 11 take steps within zeaso nable
length of tome as the Council shall determine to impzove and
upgrade theiz facilities according to reasonable tome schedules
toward <he requix ements for new systems stated herein as far as
rs reasonable, practical, and proper as determined by the Council
for each utility. Exvst rng systems significantly deficient
according Co Cfie standards for new systems shall not be allowed
to make significant extens eons until progress has been demo nstrat,
vn impzoving their facilities and servvice, ana the City has
approved a schedule for further improvements.
Oefore zeq uix ing improvements to ex vsting systems tha[
are not matters o£ public health and which are not improvements
req nixed by the Florida State Department of Avr and water Pollu-
tion Control fora new system, the Coun<vl sfiall g e Notvice and
hold a public hearing at which hea zing the improvement, its cost,
benefits and extima fed changes in charges and rates will be con-
s idered. public hearings will be called for this purpose only
when the utility satisfa ctocily demonstrates to the Council that
the improvement would impose an undue hardsfi ip on the Utility
under then ex vs ring rates.
7.08 Additional standards of servvice.
The Co un<il sha 11 have the power and it shall Le its
duty to establish additional reasonable standards o£ service foz
each class of public utilities defined herein, after notice and
public hearing, and thereafter to enforce such standards- Sn
performing this d y, the Council shall exexcvse its powers to
conduct investigations and i p Irons, to make examvnatrons and
tests, to prescribe s[a nda ids of measurement for testing the
quality, p ssure or other cond it eons pertaining to the supply
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or quality of the product furnished or adequacy of the service
rendered by any such utility, and to f.i.x fees for the examv na iron
and testing of meters and other measuring devices, as provided by
law in establishing the general regulatory powers of the Council,
artd as directed herein. Additional minimum standards of design,
service, performance, acceptable materials and equipment to those
included herein will be set from time to time by the Council to
conform with current technology and acceptable practice in order
promote the orderly growth of the City
Any utility may adopt such additional, uniform non-dis-
crvmvna rosy rules and regulations governing its relations with
and which axe not vncons is tent with these xul es. Such rules and
regulations shall constitute an integral part of the utility's
tariffs and shall be filed with them. each utility shall file
with the Council tariffs coma vning schedules for all rates and
charges for cuatomer services and copies of all rules and zegula-
irons governing the relations o£ customers and utility. No rules
irons or revvsvons of the same established after the effective
date of these regulations, shall be effective until filed with
and appcoved by the Council.
utilities shall mavnta vn a local emergency telephone
twenty-four hours a day to receive notice of service vote rruption
and shall take immediate act von to restore servvice. 'the tel ephon
shall be a local (toll free) call.
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4 7.11 Utility office and records.
5 Every utility shall mavntarn an office reasonably
6 ccessiDle to the City consuming public and located within the
~ ity. Every utility shall have on file for inspection, upon
B request of the general public, at vts office, a copy of the gen-
9 eral rules and regulations and rates of the utility, and forms of
30 contracts and applications applicable to the area served, a copy
11 of the City Regulations and any modifications thereto.
12 ~. 12 Billing requixemen'[s.
13 Each utility shall render a bill of such form and
14 content as the Council sha 11 approve, to each Gusto r for each
15 billing period.
16 Additional standard billing xeq uirements including data
1~ o be shown on bills, billing periods, penalty for delayed payment
18 discount for prompt payment, es tvmatvon of water use for billing,
19 refunds and adjustments and related matters, will be included in
20 the rules and regulations of each utility untrl such tome as the
21 ouncil deems it necessaey or advisable to hold public hearing
22 oncerning the provision of additional regulation by the Council
23 rn this regard.
24 >. 13 Utrl ity operating records.
25 (a) Each utility shall marntarn a record of accidents
26 vn which persons are hurt or property damaged. The record shall
27 vnclude details of the accident.
28 (b) Each utility shall ma vnta vn a record of each
29 signed wrrtten complaint recevved, showing name and address and
;0 eta ils o£ the complaint, and disposition of the matter.
31 (c) Each utility shall k p complete record o£ all
32 vntexruptions in servrce.
33 (d) Each utility shall prepare, submit and keep a copy
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of all operating repo its recommended or required by the Florida
State Department o£ Avr and water Pollution Control in addition
to other records required elsewhere in these regulations.
(e) Each utility shall be responsible for notifying
appropriate health, fize, and other appropriate agencies in
tomes of emergency, vnterrupt ions in servvice, and s_milac
].14 Interruptions in serv.tice.
F.a ch utility shall make all reasonable efforts to pre-
vent vnterrvptions of servvice, and when such interruptions occu
shall endeavor to re-establish servvice with the shortest possible
delay cons vs tent with safety to vts cons ume re and the general
public. Whenever any utility finds it necessazy to schedule an
vnterruption to vts servvice, vt shall take reasonable steps to
notify the public in advance and schedule such interruptions so
that they will be made at sveM hours as will pz'ovide Least into -
venvence to the customer where seasonably possible.
J.15 Water Pressure.
Adequate pressure shall be ma vntavned in the distribu-
lion system in order to provide zeasonably adequate and continuo
flows and pressures for the purposes intended. Every utility
shall have or have reasonably p ompt aces to one or more record-
ing pressure gauges, cal ibza led regularly by a certified testing
laboratory or ago i.nst a certified test gauge, for the purpose o£
making contvnuous 24-hour pressure surveys of the system so that
pressure surveys may be conducted at the request of the Council.
].16 Operation of Utilities.
(a) sed Op - Wastewater trea tmen plants
s ha 11 be operated under the direction, control and responsibility
of a c p ent opexatoz -licensed under the rules and regulations
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of the Florida scare nepartment of Arr ana water Rollntion contro:
(b) Adequate Staff - Every ui vl ity shall ma vntavn an
adequate staff to operate and ma vntavn all sewerage facilities in
accordance with design objectives and the objectives of these
regula tiona.
(c) Adequate E - Every utility sha 11 keep and
ma vnta vn vn good working order any equipment necessary for proper
and contvnuous operation and mavntenance o£ all servvice facilities
(d) Good Hgus ekeep ing - Every utility shall flush,
clean, and scour all sewerage appurtenances and take any other
precautions necessary to elimina to preventable odors and to keep
au aewe 9e facuitiee i gooa wgrx,.n9 conait ion, neae, ana wall
maintained in appearance.
(e) of 't - Each sewage treatment plant
shall be designed, operated, constructed, and maintained to pro-
vide a degree of waste removal or reduction ox treatment at least
equivalent to the appzoved design criteria for performance of the
facility as outlined by the Florida State nepartment of Avr and
water Pollution Control for the appropriate process and type of
facility.
]. 1] unifo xm Accounting system.
The Council hereby prescribes that uniform systems and
classifications of accounts will be kept by all utility companies
Sewer utilities shall keep their records and classifications of
accounts in accordance with the uniform System of Accounts for
Sewage nisposal Companies as prescribed by the Florida Railroad
and Public Utilities Cgmmvss von, Sa nuary 1, 1961.
].18 Authority to require reporta.
(a) Annual Reports. The Council shall by regulation
applying uniformly to all public utilities of any class, require
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such public utilities to file with the Councrl annual reports
o£ uniform content, and in such uniform form as the council may
prescribe and furnish for such purposes.
(b) Special reports. The Council also may require of
any public utility as defined herein a special report respect inq
any matter regarding which the Council is authorized to inquire,
or to keep the Council informed, or to enforce, vn carrying out
the provisions of these regulations.
'1.19 Abandorusent of facilities.
No public utility, as defined herein, shall abandon any
facilities or withdraw any servrce provided fox in its schedule
of rates on file with the Council until it first has obtained
written authorization therefor from the Council; provided, this
shall not apply to the customary discontinuance of se rvv ce for
non-payment o£ bills as may be provided Eor in vts tariffs.
Before authorizing any such abandorvnent or withdrawal, the
Council shall hold a public hearing, after due notvice, fox the
purpose of determining the requirements of public convenience and
necessity wrth reference thereto, and whether the same will be
contrary to the public interest.
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SECTION VIII - MANDATORY CONNECTION
e. 01 intent of Regulation.
Because of the increasing popula t.ion of the City of
Longwood, Florida, vnereasing co ntamanat ion of ground and surface
waters, and other related matters, the Council de enls that it is
to the best interests of the health, safety and general welfare
of the public to encourage the extension of public sewer systems
and to require connect von to franchised Public Utility sewage
collection systems wherever such connection vs physically feasibY
8.02 Connection of Buildings.
The owner, tenant or occupant o£ each lot or parcel of
land which abuts upon the street, other public way, or easement
containing a sanitary sewer knot a force ma in7 of a public utility
holding a valid £ra nchise from Ghe Council for the terrvtory and
upon which lot or parcel a building is located or vs t0 be con-
structed fox residential or any other puioos es in which a
deleterious waste water will be produced, shall connect such
building to the franchised sanitary sewer within 120 days after
the fxanchis ed public utility's facilities are available and shall
not thereafter use any other method fox the disposal of sewerage
or other pollut inq waste matter. A sanitary sewer shall be deem-
ed to abut a lot Or parcel for purposes of these regulations if
the lot or parcel is less than one hundred fifty (150) feet from
the utility line along or across a public right of way or ut pity
8.03 Building Permits and Subdivision Plats.
(a) No building permit shall be issued to any person
in the service area of a public utility holding a valid fxanch ise
until the buiLdiing dep tment vs fuxnis hed with a eq to proof
that the completed by ilding will be connected to the fxa nchis ed
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Public Otil ity's sewer systems serving the property ox a statemen
from the public utility stating why serv~.ce cannot be rendered an
vs deemed just cause of e cept this requirement.
(b) Every pxopos ed subdivision plat that is vn a
a ere ice area of a public utility with a valid franchise shall not
be approved until the subdivider or developer furnishes the City
with evidence that adequate arrangements have been made to assure
that all buildings cons tzucted in the proposed subdivision will
be connected to the franchised public utiLity's sewer systems
serving the terxvtory or supplies the Council with an affidavit
from the fra nchi.s ed public utility, stating why no serve ce can
be rendered and said statement vs deemed j t cause to except
this requirement.
8.04 Connect von Responsibility and Costs.
The cost and arrangement for construct von of the
customer's sewer sere ice lines from the utility's sere vice lines,
rn general, at the property line to the building, are the respon-
ma vn lines are the respons ibl ity of the utility to construct and
the cost thereof is to be borne by the customer according to a
shall be part of the utility's standard published rate schedule.
All sewer co nnect cons shall be made by a licensed plumber, subjec
to standards acceptable to the utility, and shall be subject to
the inspection and approval of a duly authorized representative
o£ the Council.
8.05 Exceptions.
Any owner, tenant or occupant of property who would be
req aired to pay a connection charge to a utility in accordance
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with the standard rate schedule filed with the Council may peti-
tion the said Council for an exception from the connection re-
quirement of this axt icle. If the said Council shall find that
the said connect ron charge is not just and reasonable, it sha 11
grant an exception from the said co nnect ron requirements, provide
however, that the exception shall not co of Lict with the findings
or orders of the Florida State Department of Arr and Water PoLlu-
tion Control. Service lines from the utility's servrce lines to
buildings are the responsibility of property owners and the costs
thereof shall not be considered by the said Council in granting
the said exceptions.
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SECTION IX - ORDERS ANO DECISIONS
9.01 Effective Oate of Orders and Decrs ions.
Any order, regulation or decision o_ the Council shall
become effective immediately upon its rendition, unless such
order or decision shall specify to the contrary.
9.02 Rev rew of Orders and Dec rsrons.
Any person, firm or corporation aggrieved by any order
ox decision of the Council shall have the right to petition the
Council Eor a rehearing and reconsideration of its order, regula-
trop or decision. Such petition must be filed within ten (10)
days following the rendition of such order, .regulation or deci-
stun. The Council shall dispose of such p xt ion within thirty
(30) days after the same shall have been filed with the Council.
The effect of the fxl inq of a petition for a rehearing shall
operate to stay the order Or decision sought to be revrewed until
the petition is disposed of. After a petition for rehearing has
been denied, such aggrieved party may have such order or deci-
sion reviewed by ce rtrora ri to the Crrcu>t Court of Semi.no le
County, Florida, or by such other proceedings as may be prescribe
by Court rules ox Stata law, within thirty (30) days after the
disposition of the petition for rehearing. The proceedings
before the COUncil shall be deemed quasi-judicial in nature and
such revrew shall be limited to the record made before the
Council. The aggrieved party shall not be entitled to a trial
de novo, but shall only be entitled t0 a determination as to
whether or not there is substantial competent evidence t0 support
the findings and order of the authority. The Council shall cau
a record t0 be made at the cost of the petitioner, i. e., a tran -
c p of the proceedings before the Council which are to be
rev xewed on appeal. '
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10.01 Issuance of stop orders; injunctions.
Whenever any public utility or other person ox parties
engages or rs about to engage in the co ns tract vo n, operation, o
extensvon of a sewer system in violation of the provisions of
these regulations, the Council on its own vnvt va rive or upon
complaint shall EorthwitR make such preliminary investigation
as vt may deem appropriate and may, either with ox without notr
enter an order requiring such public utility or other to cease
and desist from such construct von, operation or extensvon until
furtRee order of the Council. At the discretion o£ the Council,
public hearings may be called to consider such matters. Any
utility company affected by such stop order may request and be
entitled to a public hearing before the Council and the public
to protest the stop order. Following consideration of the
matters, the Council shall within reasonable tome enter an order
either requiring the permanent cessation of constru<tvon, opeca-
t ron ox extensvon, or authorizing conty nuat von thereof under .such
terms and conditions as may be commensurate wrth the public
vnterest and wel fare. Any to ilure to comply with the stop orders
of the Coun<vl may be e l rned and restrained by injunctive
order of the Circuit Court vn appropriate proceedings instrtuted
for such purpose.
10.02 Penalties.
Tf any public utility as defined herein, or any officer
agent, representative or employee thereof, or other person, sha 11
knowingly fail o.r refuse to obey or comply with, or wilfully
violate, any of the p ovvs eons of these regulations, or any
lawful rules promulgated hereunder, or any lawful order of the
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Council issued or rendered under and pursuant to the provisions
of these regulations, such public utility, or its officers,
agents, representatives or employees, or other person, upon con-
vv ctvon of such offense, shall be punished by a fine not to ex-
ceed Two Hundred Sollars (5200.00) oz be imprisoned not to exceed
six (6j months in the municipal jai 1, or both, i.n the discretion
of the Munv cipal Court.
10.03 5evez ab ility.
in the event that any clause, phrase, paragraph, or
separate rule under these regulations be declared by a court o£
competent jurisdiction to be invalid and unconstvtutional, such
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xegulat ions
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4.D. 19]4.
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the City of Longwood, Florida
MAYOR this day
of E ,, ,n.219'I5.
he ity of Longwood.
Florida