13-016I ORDINANCE NO. 13- O I (o
2
3 AN ORDINANCE OF THE CITY COMMISSION OF THE
4 CITY OF BOYNTON BEACH, FLORIDA AMENDING
5 CHAPTER 26, "WATER, SEWERS AND CITY UTILITIES",
6 AMENDING SECTION 26 -34, "CAPITAL FACILITIES
7 CHARGES AND CONNECTION CHARGES", TO
8 SIMPLIFY THE PROCESS FOR CALCULATING CAPITAL
9 FACILITIES CHARGES; DELETING SECTION 26.35
10 "ADDITIONAL CHARGE" IN IT'S ENTIRETY;
I1 PROVIDING FOR CONFLICTS, SEVERABILITY,
12 CODIFICATION AND AN EFFECTIVE DATE.
13
14 WHEREAS, Capital facilities charges are imposed on property owners when the
15 property receives water and /or sewage service from systems owned or controlled by the city, or
16 has a change in service; and
17 WHEREAS, the amendment simplifies the process for calculating capital facilities
18 charges and reflects charges based on number of bedrooms for residential and meter size or meter
19 equivalent (ME) for commercial or non - residential; and
20 WHEREAS, City Commission of the City of Boynton Beach deems it to be in the best
21 interest of the citizens and residents of the City to amend Section 26.34 Capital Facilities
22 Charges and Connection Charges and to delete Section 26.35, Additional Charges, in its entirety.
23 NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE
24 CITY OF BOYNTON BEACH, FLORIDA, THAT:
25 ' Section 1. Each Whereas clause set forth above is true and correct and incorporated
26 herein by this reference.
27 Section 2. That Chapter 26, entitled "Water, Sewers and City Utilities ", Article II,
28 Section 26 -34, is hereby amended as follows:
29
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I Sec. 26 -34 Capital facilities charges and connection charges.
2 (A) CAPITAL FACILITIES CHARGE IMPOSED. When property receives water and/or
3 sewage service from systems owned or controlled by the city, the owner of such property shall
4 pay unto the city a water and /or sewage capital facilities charge as follows:
5 (1) Water:
6 (a) Residential Bproperty located within the municipal limits of Boynton Beach. One
7 thousand one hundred twenty -two dollars ($1,122.00) per equivalent dwelling unit.
8 "Equivalent dwelling unit" is defined as a unit of construction having the same
9 water usage as a one bedroom single - family home, and the number of equivalent
10 dwelling units, for the purpose of this calculation, contained within the property
11 shall be determined in accordance with the schedule „,f.,, he to O ianee
12 set
13 forth below in subparagraph (3).
14 (b) Nonresidential property located within the municipal limits of Bovnton Beach.
15 One thousand five hundred seventy dollars and eighty cents ($1,570.80) per three -
16 quarter inch by five- eiehths inch (3/4" x 5/8 ") meter eauivalent (ME). The table
17 below indicates for various meter sizes the numbers of 3 /4" x 5/8" MEs and the
18 charges.
19 Meter Size 3 /4 " x 5/8" ME Water Capital Facilities Charge
20 3 /4 " x 5/8" 1.0 $1,570.80
21 1" 2.5 $1927.00
22 1 -1/2" 5.0 $7.854.00
23 2" 8.0 $12,566.40
24 3" 17.5 $27,489.00
25 4" 31.5 $49,480.20
26 6" 65.0 $102.102.00
27 8" 140.0 $219,912.00
28 10" 210.0 $329,868.00
29 (19�) (c) Residential Bproperty located beyond the municipal limits of Boynton Beach but
30 within the utility service area. One thousand four hundred three dollars ($1,403.00) per
31 equivalent dwelling unit. "Equivalent dwelling unit" is defined as a unit of construction
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having the same water usage as a one - bedroom single - family home, and the number of
equivalent dwelling units, for the purpose of this calculation, contained within the
property shall be determined in accordance with the schedule attae to O ,. ne
I1 of-4h is ehW. and by fefefenee mad a part the-Feef set forth
below in subnaraaraph (3).
Nonresidential property located bevond the municipal limits of
Bovnton Beach but within the utilitv service area. One thousand nine hundred sixty-
two dollars and fifty cents ($1,962.50) per three - quarter inch by five- eijZhths inch
(3/4" x 5/8 ") meter equivalent (ME). The table below indicates for various meter
sizes the numbers of 3 /4 " x 5/8" MEs and the charizes.
Meter Size 3/4" x 5/8" ME
3 /4" x 5/8"
1 "
1 -1/2"
2 "
3 "
4 "
6 "
8 "
10"
(2) Sewage
1.0
2.5
5.0
8.0
17.5
31.5
65.0
140.0
210.0
Water Capital Facilities Charge
$1,952.50
$4,906.25
$9,812.50
$15,700.00
$34,343.75
$61,818.75
$127,562.50
$274,750.00
$412,125.00
22 (a) Residential Bproperty located within the municipal limits of Boynton Beach. Six
23 hundred sixty -five dollars ($665.00) per equivalent dwelling unit. "Equivalent
24 dwelling unit" is defined as a unit of construction generating the same amount of
25 sewage as a one - bedroom single- family home, and the number of equivalent
26 dwelling units, for the purpose of this calculation, contained within the property
27 shall be determined in accordance with the schedule &Raehea to r.,.di ee
28 set
29 forth below in suboaraaraph (3).
30 (b) Nonresidential property located within the municipal limits of Bovnton Beach.
31 Nine hundred thirty -one dollars ($931.00) per three - quarter inch by five - eighths
32 inch (3/4" x 5/8 ") meter equivalent (ME). The table below indicates for various
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I meter sizes the numbers of 1 /4 " x 5/8" MEs and the charges.
2 Meter Size 1 /4 " x 5/8" ME Sewer Capital Facilities Charge
3 1 /4" x 5/8" 1.0 $931.00
4 1" 2.5 $2,327.50
5 1 -1/2" 5.0 $4,655.00
6 2" 8.0 $7,448.00
7 3" 17.5 $16,292.50
8 4" 31.5 $29,326.50
9 6 65.0 $60,515.00
10 8" 140.0 $130,340.00
11 10" 210.0 $195,510.00
12 (b) (c) Residential Bproperty located beyond the municipal limits of the City of
13 Boynton Beach but within the utility service area. Eight hundred thirty-one dollars
14 ($831.00) per equivalent dwelling unit. "Equivalent dwelling unit" is defined as a
15 unit of construction generating the same amount of sewage as a one - bedroom
16 single - family home, and the number of equivalent dwelling units, for the purpose of
17 this calculation, contained within the property shall be determined in accordance
18 with the schedule a4ta h t o O ,.,,,,. Nunnb 80 10 r n f ti e l e 11 of this ,.h
19 set forth below in subparagraph (3).
20 (d) Nonresidential property located beyond the municipal limits of Boynton
21 Beach but within the utility service area. One thousand one hundred sixtv -three
22 dollars and seventv -five cents ($1,163.75) per three - Quarter inch by five - eighths
23 inch (3/4" x 5/8 ") meter equivalent (ME). The table below indicates for the various
24 meter sizes the numbers of 1 /4 " x 5/8" MEs and the charges.
25 Meter Size 3 /4 " x 5/8" ME Sewer Capital Facilities Charge
26 3 /4" x 5/8" 1.0 $1,163.75
27 1" 2.5 $2,909.38
28 1 -1/2" 5.0 $5,818.75
29 2" 8.0 $9,310.00
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1 3"
17.5
$20,365.63
2 4"
31.5
$36,658.13
3 6"
65.0
$75,643.75
4 8
140.0
$162,925.00
5 10"
210.0
$244,387.50
6 Said capital facilities charge is designed to cover the cost of existing or additional raw water
7 i production facilities, water treatment facilities and water distribution facilities together with
8 sewage transmission facilities either existing or additions and improvements thereto which will
9 be utilized by the city to provide water and sewer service to said property. Said capital facilities
10 charge shall be paid or in part c e Yuan of the first building
.. •_____J _._ mil__ ________I_ _________s__ ___A -1_11 1__ l__ ___
12 that h ate in full prior to the execution of the Health Department applications or approval of the
13 plans by the Utilities Department or issuance of the first permit of the vroiect on the owner's or
14 development property or installation of the first water meter on the owner's property, whichever
15 is achieved first, and shall be computed based upon the rate in effect upon that date.
16 n eap f e iliti es ,.harge shall not to r-estaufa*ts for- et4deer- seating as leng
17 (50 9 1 , 6') of the tetal ettstaffier- seating pr-evide
18 by - es tau:ant at Eslatxralnt leeatea within a zoning
19 distfiet „ hew ing a mix of u ses in the G ommunity P leek,,„,,„+ A re a, esta ,,. 1,,,.., e
20 w�tK.in a pu blic buildi or th Publie Usage 7.,.,;,.. Distr-iet v E .�i7it �3e eai; tai faeilities
21 e-, ;hall arm,
22 ed parking spaees, easeffien4s, fife lanes, aee a i sle s, or the 7A.ic
23 figs -of vwj enzept- gty apprw ;al and in aeeefd with eity re s ulations.
24 Fns th r s of tl%. s ssez
25 n rent -, of e building where he ostaurmt is
26 leeated
27 For prop lies leeatea within the _e ommunit e t aria that are assessed eapial
28 f e liti ,.hafgo par&aa i t to this ssee .., the ea pital f e liti ,.har-ge may b paid in full prior- to
29 of a t th ♦ifne of buildi ldi ng permit ls.f'..�sarse of on ar. lnst: llyne -nt basi witheu4 -ii4£ -est, for- an
30 amefg zati3ir prri not t ee eightee (18) .,, „ + l,n m orn buil ding pef ii ' 7 E�li�
31 the installment F"�3 ent optio be „A:l;zed ..hafges will b .7 b4le on a m�ftf��tic:..;rr3, andthe
32 p Fop
33 paid
34 If oversizing funding has been carried out by a developer (or developers) that funding will
35 have a capital facility charge credited in an amount no greater than the oversizing charge portion
36 of the cost of original construction. Oversizing costs shall be defined to be the relative carrying
37 capacity of the oversized lines as constructed versus the carrying capacity of the minimum sized
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lines that would have been required to serve the development (or developments) participating in
the funding as follows:
I
Developer(s) Capital Facility
Charge Credit as a Percent of
costs
I (Col. A x Col. B Costs)
1 44.444%
1 74.359
1 28.571
1 52.381
1 71.429
1 37.500
165517
1 84.127
B.
Oversized Line Constructed as
Required by the Master Plan
20
20
16
16
16
12
12
12
C.
Minimum Sized Lines Required to
Serve Participating Developer(s)
16
12
14
12
10
10
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4 *From "equation of pipe chart attached as Exhibit A" to Ordinance Number 80 -10, which
5 exhibit is set out following this division.
6 If in providing water or sewer service to an owner or developer, the city utilizes a part or parts
7 of already installed city facilities that have been oversized pursuant to division 1 of this article,
8 the responsibilities of each developer receiving such service subsequent to the trunk line
9 construction agreement for connecting to a system that has been previously oversized, will be to
10 pay the proportional share (this developer(s) equivalent dwelling units as a percent of total
11 equivalent dwelling units to be served by the oversize pipe) of the total cost (engineering,
12 construction, etc.) of the system plus the following:
13 (a) An adjustment equal to the engineering consumer price index increase, if any,
14 since the contract date of the construction of the oversizing.
15 (b) An adjustment that represents the interest (assumed to be 9 %) that the city
16 would have earned if the related capital facility charge credits were not given to the developer or
17 developers who funded the oversizing.
18 (c) An adjustment that represents an administrative charge to the city for handling
19 the oversizing negotiations and procedures; the amount to be fifteen percent (15 %).
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I (d) Equivalent dwelling unit capital facilities charge then in effect for water and
2 sewer services in accord with this chapter as amended.
3 Note: Example- Assume three (3) developers representing four thousand (4,000) equivalent
4 dwelling units require a twelve (12) inch line to serve them, and the three (3) developers jointly
5 agree with the city to fund a sixteen (16) inch line which will serve twelve thousand (12,000)
6 equivalent dwelling units. The three (3) developers will pay the entire cost of the installation of
7 I the line, but would receive credits against capital facility charges for 52.318% of the cost of the
8 line divided among the three (3) developers according to their individual share of the four
9 thousand (4,000) units. Developers tying -in to the system at a later date would pay a cost per unit
10 equal to 1/12,000 of the construction costs plus items (a), (b), (c), and (d) above.
11 (3) The followinia tables shall be used to determine the number of equivalent dwelling
12 units and capital facilities charges for residential property with the indicate number of bedrooms:
SINGLE FAMILY
INSIDE CITY
OUTSIDE CITY
# Bedrooms (Multiplier) Water
Sewer
Water
Sewer
11 Bedroom Unit (1 0) 51,122 00
$66500
51.402.50
$83125
12 Bedroom Unit (1 4) 51,570 80
$931.00
$1963.50
51.163.75
13 Bedroom Unit (1 8) $2,01960
$1.197.00
$2.524.50
51.496.25
14 Bedroom Unit (2.01 52,244.00
51.330.00
52,805.00
51.662.50
15 Bedroom Unit (2.2) 52,468 40
'
S1.46300
S3,08550
51.828.75
13
APARTMENTS
INSIDE CITY
O UTSIDE
# Bedrooms (Multiplier) Water
Sewer
Water
Sewer
Il Bedroom Unit (0.8) 897.60
$532.00
51,122 00
$66500
12 Bedroom Unit (1.2) 51,346.40
$798.00
51,683 00
$99750
13 Bedroom Unit (1.6) $1,795.20
$1,06400
52,244 00
$1.330.00
14 For single familv dwellines with ereater than 5 bedrooms. an additional 0.2 eauivalent dwelling units
15 shall be added to the Multiplier for each additional bedroom beyond S. and the capital facilities chare_es
16 shall be computed emDlovme said multiplier.
17 Anv subdivision where each unit will be resn_ onsible for their own water will be classified under SINGLE
18 FAMILY.
19 DuDlexes are classified under apartments and multiplied by the number of bedrooms. ExamD_ le: if 3
20 bedrooms Der apartment, multiDly the cost of 3 bedroom apartment x 2.
21 Mobile homes and trailers are classified as having 1 ea_uivalent dwelling_ unit (_Der City Ordinance
22 80 -101 and are charged the same as a 1- bedroom unit.
23 (B) USE OF FUNDS. All revenues derived from the charges imposed by this section, in
24 excess of the sums required for actual reimbursement of costs for connection, shall be placed in a
25 separate capital improvement fund to be known and designated as Capital Improvement Account
26 of the Water and Sewers Utilities Fund, and shall be used only for the construction, acquisition,
27 addition, extension, renewal and replacement of water and sewage systems of the city, as
28 appropriated from time to time by the eetineil Commission. If funds are not available in this fund
29 either through revenue from capital facility charges or balance from bond issue, for the city to
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I approve a project to extend water and sewer systems, the developer may advance fees to the
2 utility trust fund.
3 (C) WATER CONNECTION CHARGE. When property receives water service from the
4 city facilities, the owner of such property shall pay unto the city a water connection charge, based
5 upon the size of the service line and meters, for the cost of making the tap into the city system,
6 installation of the service lateral and meters, together with the cost of the meters themselves. Said
7 water connection charge shall be provided by the city commission, as same shall from time to
8 1 time be amended.
9 (D) SEWER CONNECTION CHARGE. When property receives sewage service from the
10 ; city facilities and the owner of such property requests that the city install the service lateral and
Conversion Factor No. of Equivalent
Type of Dwelling Annual Reservation Fee
j Residential Units (ERU's)
i
(Residential: I
I Single-family, per meter 1.0 $ 138.60
Apartment, per meter:
5/8" x 3/4"
1.0
138.60
V,
2.9
401.94
1 2"
9.8
1,358.28
(Nonresidential, per meter:
1
1 5/8" x 3/4"
1.4
194.04
1
1 l "
5.7
790.02
I 1 ' / 2 "
8.7
1,205.82
I
1 2"
15.2
2,106.72
1 3"
37.4
5,183.64
1 4"
595
8,246.70
1 6"
232.1
32,169.06
11 make the actual tap into the city system, the owner shall pay to the city the total cost of all labor
12 performed and material supplied prior to the city performing
such services.
13 (E) CAPACITY RESERVATION FEES. Any person or property owner requesting a firm
14 reservation of water and /or sewage treatment capacity shall pay the city a reservation fee for said
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I capacity. The reservation fee is intended to equal the costs for financing the necessary capacity
2 and administering this program, and all revenues therefrom shall be placed in the capital
3 improvement fund described in this section. As such, the reservation fee is hereby established as
4 denoted in the following table, for each year that capacity is to be reserved.
5
6 In cases where the required information is not available in sufficient detail to apply the above,
7 a projected flow or demand for the project, certified by a professional engineer registered in the
8 State of Florida, shall be required. One (1) ERU shall then be equivalent to three hundred eighty -
9 six (386) gallons per day of flow or demand.
10 The reservation fee shall be due and payable at any of the following instances, whichever
I I occurs first:
12 (1) At time of concurrency review and certification; or
13 (2) Upon request for written confirmation of capacity reservation; or
14 (3) Upon request for the utilities director's signature on department of health and
15 rehabilitative services or department of environmental regulation permit applications for water
16 and/or sewer main extensions; or
17 (4) Upon issuance of a development order by the city; or
18 (5) Upon renewal of an existing development order by the city.
19 Reservation fees shall serve to reserve capacity for a period not to exceed one (1) year. If the
20 property owner has not paid all applicable capital facilities charges prior to expiration of the
21 reservation fees, then the fees must be renewed at the rate in effect at that time. Reservation fees
22 are not refundable for any portion of the year during which construction occurs.
23 The property owner, may, at his discretion, pre -pay all required capital facilities charges in
24 lieu of paying reservation fees. In such instances, firm capacity would be reserved indefinitely
25 without need for annual renewal.
26
27 Section 3. That Chapter 26, entitled "Water, Sewers and City Utilities ", Article II,
28 Section 26 -35, is hereby deleted in its entirety:
29 Sce. 2 �5. .
30 ' ,
31 1980 -(a) s as to 3hcn i e l ass ;r;,.. do for - ya =zpatation a f ,.,,, Fge r (b) so
32 as t ; o o h number of o nu r of gain: u:.its at with,. the +i „�
33 p:cjir,, a f the l ra h r-g April 1, 1 980 , .,,L.i is l th the eewt Wc lui e hur ge and the
34 e-a&. :al inpr ent fe r „ R i ng f.,. t h e ,.h . a in i.rcpert� z shaP_ ba4u3 and pa.;' &Jo at the
35 time of the ehiffige in propait' ro ar -aloe ,.f.,,i whether , c :r6c •a, cr impw- or paid Qi
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1 th tim of initial eenne etion to the y 3torn. The irrtaas33 ehar- ���,� » �o
2
3 Section 4. Each and every other provision of Chapter 26, not herein specifically
4 amended shall remain in full force and effect as previously enacted.
5 Section 5. All ordinances or parts of ordinances in conflict herewith be and the same
6 are hereby repealed.
7 Section 6. Should any section or provision of this ordinance or portion hereof, any
8 paragraph, sentence or word be declared by a court of competent jurisdiction to be invalid, such
9 decision shall not affect the remainder of this ordinance.
10 Section 7. Authority is hereby granted to codify said ordinance.
11 Section 8. This ordinance shall become effective immediately upon its passage and
12 adoption.
13
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R
1 FIRST READING this Lf
2
3 SECOND, FINAL READING AND PASSAGE this le day of , 2013.
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21 ATTEST:
23 .
24 Jet M. Prainito, MMC
25 '"City Clerk
26
27 (COR1?ORATE SEAL)
28
day of J un e_ , 2013.
CITY OF BOYNTON BEACH, FLORIDA
N4 or — Jerry�aylor/7
i
V' e Mayor — Woodro
� 1
Commissioner — av rker
Co missio r — NTa4 M. Fitzpatrick
Cormissioner — Joe Casello
\ \apps3. city. cbb \auto\Data \178\ Items \170\2464 \3141 \Ordinance_- _Capital_Facil ities_Charges_2013 doc
tvi #
''
ti
day of J un e_ , 2013.
CITY OF BOYNTON BEACH, FLORIDA
N4 or — Jerry�aylor/7
i
V' e Mayor — Woodro
� 1
Commissioner — av rker
Co missio r — NTa4 M. Fitzpatrick
Cormissioner — Joe Casello
\ \apps3. city. cbb \auto\Data \178\ Items \170\2464 \3141 \Ordinance_- _Capital_Facil ities_Charges_2013 doc