85-GGA RESOLULTION OF THE CITY O0UNCIL OF THE
CI'IY OF BOYNTON BEACH, FLORIDA,
ESTABLISHING USER (/tARGES IN BOYNTON
BEACH TO PROVIDE FUNDS NE~RDED TO PAY FOR
OPERATION AND MAINTENANCE EXPENSES
ASSOCIATED WITH BOYNTON BEACH"S
WASTt~I~TER TREATMENT WORKS; PROVIDING AND
EFFSL-TIVE DATE; AND FOR OTHER PURPOSES.
WHEREAS, the City of Boynton Beach, Florida, has constructed
wastewater treatment works; and
WHEREAS, it is the City's intent to establish proportionate
user charges t_hat places the costs of abatement directly on the sources
of pollution, conserves potable water, and maintains financial
self-sufficiency; and
WHEREAS, the City must pay the operation and maintenance
expenses associated with the said treatment works and charge the users
of said treatment works accordingly.
NOW, THEREFORE, BE IT RESOLVED BY THE City Council, of the
City of Boynton Beach, Florida, that the following user charges are
established.
ARTICLE I. It is determined and declared to be necessary
and conducive to the protection of the public health, safety, welfare
and convenience of the City of Boynton Beach to collect charges frcm
all users who contribute wastewater to the City's treatment works.
The proceeds of such charges so derived will be used for the purpose
of operating and maintaining the public wastewater treatment works.
ARTICLE II. Unless the context specifically indicates other-
wise, the meaning of terms used in this ordinance shall be as
follows:
Section 1. "BOD" (denoting Biochemical Oxygen Demand) shall
mean the quantity of oxygen utilized in the biochemical oxidation or
organic matter under standard laboratory procedure in five (5) days at
20°C, expressed in milligrams per liter (mg/1).
Section 2. "Normal Dcmestic Wastewater" shall mean
wastewater that has a BOD concentration of not more than 300 mg/and a
suspended solids concentration of not more than 300 mg/1.
Section 3. "Operation and Maintenance" shall mean those
functions that result in expenditures during the useful life of the
treatment works for materials, labor, utilities and other items which
are necessary for managing and which such works were designed and
constructed. The term "operation and maintenance" includes replace-
ment as defined in Section 4.
Section 4. "Replacement" shall mean expenditures for
obtaining and installing equipment, accessories or appurtenances which
are necessary during the useful life of the treatment works to main-
tain the capacity and performance for which such works were designed
and constructed.
Section 5. "Residential User" shall mean any contributor to
the City's treatment works whose lot, parcel or real estate, or
building is used for dcmestic dwelling purposes only.
Section 6. "C(m~ercial User" shall mean all retail stores,
restaurants, office buildings, laundries, and other private business
and service establishments.
Section 7. "Industrial User" shall include any non-
governmental, non-residential user of publicly owned treatment works
which is identified in the Standard Industrial Classification Manual,
1972, office of Managsment and Budget, as amended and supplemented,
under the following divisions; Division A - Agriculture, Forestry, and
Fishing; Division B - Mining; Division D - Manufacturing; Division E -
Transportation, Ccmmunications, Electric, Gas and Sanitary; and Division
I - Services.
Section 8. "Institutional User" shall include social, chari-
table, religions, and educational activities such as schools,
churches, hospitals, nursing homes, penal institutions and similar
institutional users.
Section 9. "Governmental User" shall include legislative,
judicial, administrative, and regulatory activities of Federal, State
and local governments.
Section 10.
Section 11.
"Shall" is mandatory; "M~y" is permissive.
"SS" (denoting Suspended Solids) shall mean
solids that either float on the surface of or are in suspension in
water, sewage, or other liquids and which are r~movable by laboratory
filtering.
Section 12. "Treatment Works" shall mean any devices and
systems for the storage, treatment, recycling and reclamation of
municipal sewage, domestic sewage or liquid industrial wastes. These
include intercepting sewers, outfall sewers, sewage collection
systems, pumping, power, and other equipment and their appurtenances;
extensions improvement, remodeling, additions and alterations thereof;
elements essential to provide a reliable recycled supply such as
standby treatment units and clear well facilities; and any works,
including site acquisition of the land that will be an integral part
of the treatment process or is used for ultimate disposal of residues
resulting frc~ such treatment (including land for composting sludge,
temporary storage of such compost and land used for the storage of
treated wastewater in land treatment systems before land application);
or any other method or system for preventing, abating, reducing,
storing, treating, separating or disposing of municipal waste or
industrial waste, including waste in combined storm water and sanitary
sewer systems.
Section 13. "Useful Life" shall mean the estimated period
during which a treatment works will be operated.
Section 14. "User Charge" shall mean that portion of the
total wastewater service charge which is levied in a proportional and
adequate manner for the cost of operation, maintenance and replacement
of the wastewater treatment works.
Section 15. "Water ~4_=ter'' shall mean a water vol~ne
measuring and recording device, furnished and/or installed by a user
and approved by the City of Boynton Beach.
ARTICLE III.
Section 1. The revenues collected, as a result of the user
charges levied, shall be deposited in a separate non-lapsing fund
known as the Operation, Maintenance and Replacement Fund.
Section 2. Fiscal year-end balances in the Operation,
Maintenance, and Replacement fund shall be used for no other purposes
than those designated. Monies which have been transferred frcm other
sources to meet temporary shortages in the operation, maintenance and
replacement fund shall be returned to their respective accounts upon
appropriate adjustment of the user charge rates for operation, main-
tenance and replacement. The user charge rate(s) shall be adjusted
such that the transferred monies will be returned to their respective
accounts within six months of the fiscal year in which the monies were
borrowed.
ARTICLE IV.
Section 1. Each user shall pay for the services provided by
the City of Boynton Beach based on his use of the treatment works as
determined by meter readings acceptable to the City of Boynton Beach.
Section 2. For residential, industrial, institutional
commercial users and other governmental entities monthly user charges
will be based on actual metered usage. If a residential, cc~mercial,
institutional, or industrial user has a consumptive use of water, or,
in scme other manner, uses water which is not discharged into the
wastewater collection system, the user charge for that contributor may
be based on readings of a wastewater meter(s) or separate water
meter (s) installed and maintained at the user' s expense.
Section 3. In addition to other charges provided in Section
4 each user, other than that identified in Sections 5 and 6, shall pay
monthly a user charge rate for sewage operation and maintenance
including replacement of $ .60 per 1000 gallons of water used up to
7,999 gallons as provided in Resolution ~83-EEEE or as it may be
amended from time to time. (Appendix A)
Section 4. Each user, other than those identified in Sections
5 and 6, shall pay a user charge rate for treatment and disposal at
the Regional Wastewater Treatment and Disposal Plant of $ .485 per
1000 gallons of water used up to 7,999 gallons as provided in
Resolution %83-R~.R~. or as provided from time to time in amendments to
Resolution ~ 83-R~.~..
Section 5. The Town of Briny Breezes and the Village of Golf
shall each pay a user charge rate for operation and maintenance
including replacement of $ .60 per 1000 gallons of sewage as metered
at the master pump station and as provided in Resolution %83-EEEE or
as Resolution %83-EEEE may be amended from time to time.
Section 6. The Town of Briny Breezes and the Village of Golf
shall each pay a user charge for treatment and disposal at the
Regional Wastewater Treatment and Disposal Plant of $ .485 per 1000
gallons of sewage as metered at the master pump station and as pro-
vided in Resolution %83-R~RE or as provided from time to time in
amendments to Resolution %83-EEEE.
Section 7. The Town of Briny Breezes and the Village of Golf
shall each pay user charges that are based on capital construction
costs that were financed by Boynton Beach for pumping facilities, lift
stations, transmission lines and treatment facilities in accordance
with Appendix B for Briny Breezes and Appendix C for Village of Golf
and as such charges were set forth as guidance in the approved 201 Plan.
The Village of Golf payment shall be $23,513/year paid m°nthly.
The Briny Breezes payment shall be $5,957/year paid monthly.
Section $. For those users whose wastewater has a greater
strength than normal dc~estic sewage and when adequate pretreatment
has not taken place, a user charge in addition to the normal user
charge will be collected. This user charge for operation and maint-
enance will be based upon the cost of actual treatment at the Regional
Plant and as frcm time to time approved and amended by the Regional
Section 9. Any user which discharges any toxic pollutants
(as defined in the Sewer Use Ordinance) which cause an increase in the
cost of managing the effluent of the sludge frcm the regional treatment
works for Boynton Beach and Delray Beach, or any user which discharges
any substance which singly or by interaction with other substances
causes identifiable increases in the cost of operation, maintenance or
replacement of the treatment works, shall pay for such increased
costs. The charge to each such user shall be as determined by the
appropriate financial personnel and approved by the Regional Treatment
Plant Board of Directors and the Boynton Beach City Council.
Section 10. The user charge rates established in this article
apply to all users of the City's treatment works.
ARTICLE V.
Section 1. All users shall be billed monthly. Billings for
any particular month shall be made within ten days after the end of
the month. Payments are due wi thin twenty days after the end of the
month. Any payment not received within txhirty days after the end of
the month shall be delinquent.
Section 2. A late payment penalty of 1 percent of the user
charge bill will be added to each delinquent bill for each thirty days
or portion thereof of delinquency. When any bill is more than ninety
days in default, water and/or sewer service to such premise shall be
discontinued until such bill is paid.
Section 3. When any bill (including interest and penalty)
remains unpaid for one year after the date due, such bill shall be
recorded in the land records of Palm Beach County by the treasurer and
shall constitute a lien on the property. If such lien (including
interest and penalty)
date of recordation,
the treasurer.
remains unpaid for a period of one year after
such property shall be subject to pub%lc sale by
ARTICLE VI. Ail users contributing waste with a strength
greater than 300 mg BOD/1 or 300 mg SS/1 shall prepare and file with
the.City of Boynton Beach a report that shall include pertinent data
relating to the wastewater characteristics, including the methods of
sampling and measurement to obtrain these data, and these data shall
be used to calculate the user charge for that user. The City of
Boynton Beach shall have the right to gain access to the waste stream
and take its own samples. Should the City of Boynton Beach do so and
should the results be substantially different as determined by the
City of Boynton Beach frc~ the data sutm%itted by the user, the user
charge for that user shall be revised for the next billing cycle/
period.
ARTICLE VII.
Section 1. Any user who feels his user charge is unjust and
inequitable may make written application to the Boynton Beach City
Council requesting a review of his user charge. Said written request
shall, where necessary, show the actual or estimated average flow
and/or strength of his wastewater in comparison with the values upon
which the charge is based, including how the measurements or estimates
were made.
Section 2. Review of the request shall be made by the
Boynton Beach City Council and if substantiated, the user charges for
that user shall be recomputed based on the revised flow and/or
strength data ~_nd the new charges shall be applicable to the next
billing cycle/period
ARTICLE VIII.
Section 1. The City of Boynton Beach will review the user
charges at least annually and revise the rates as necessary to ensure
that adequate revenues are generated to pay the costs of operation and
maintenance including replacement and that the system continues to
provide for the proportional distribution of operation and maintenance
including replacement costs among users and user classes.
Section 2. The City of Boynton Beach will notify each user
at least annually of the rate being charged for operation, maintenance
including replacement of the treatment works.
ARTICLE IX. This Resolution shall take effect immediately
upon its passage.
PASSED AND ADOPTED THIS
(Corporate Seal)
day of
1985.
CITY OF BOYNTON BEACH, FLORIDA
Vice Mayor
Council B~em~
RESOLUTION NO. 83- ~-~
A RESOLUTION OF THE CITY OF BOYNTON
BEACH, FLORIDA REPEALING RESOLUTION 82-VVV
RELATIVE TO WATER RATES; ADOPTING FEES AND
CHARGES FOR SERVICES OF THE SEWAGE DISPOSAL
SYSTEM; ADOPTING WATER RATES, WATER METER
CONNECTION CHARGES, CHARGES FOR METER
DEPOSITS AND OTHER CHARGES RELATIVE
THERETO; PROVIDING FOR REPEALING .PROVISIONS
AND AN EFFECTIVE DATE.-
WHEREAS, the City'Council of the City of Boynton
Beach, Florida, deems it necessary and essential for the
efficient daily operation of the municipal government %o pro-
vide for an increase of the rates, fees and charges for ser-
vices of the water service system and sewage disposal system.
--~ NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF
THE CITY OF BOYNTON BEACH, FLORIDA, THAT RESOLUTION 82-VVV IS
HEREBY REPEALED AND REPLACED BY THIS RESOLUTION ESTABLISHING
THE SCHEDULE OF SANITARY SEWER RATES, WATER RATES, WATER
METER CONNECTION CHARGES, METER DEPOSITS, RENTALS, FEES AND
OTHER CHARGES PERTAINING TO THE MUNICIPAL WATER AND SEWER
SYSTEMS OF THE CITY OF BOYNTON BEACH, FLORIDA, AS FOLLOWS:
Section 1. Sanitary Sewer Service Charges Prescribed:
The rates,-fees and chDrges (herein sometimes called the
"Sewe~ Service Charge") for the use of, and for the services
and facilities furnished or to be furnished by, the sewage
disposal., system, to be paid by the owner, tenant, or occupant
of each lot or parcel of land, or of any unit, apartment, or
any other type of improvement located-thereon, which may be
connected with or may use the sewage disposal system by or
through any part of the City, shall be based or computed upon
the quantity of the water supplied therein, as indicated in
the'following rate schedule, unless otherwise indicated
below.
(a) ReSidential Sanitary Sewer Service Charges
City
Residential
(Per Unit)
Minimum
$7.25
Use Charge Per
1,000 Gallons
of Water up to
7,999 Gallons
$ .60
Treatment
Charge Per
1,000 Gallons
of Water up to
7,999 Gallons
$.485
Out of City
Residential
(Per Unit)
$9.05
$.75
.'60
(~b) Commercial Sanitary Sewer Service Char~e~
Minimum
Use Charge Per
1,000 Gallons
of Water
Treatment
Charge Per
1,000 Gallons
of Water
City ~
Commercial $7.25 $.60 $.485
Out of City
Commercial
$9.05 $.75 $.60
(c) Those residential and commercial areas~as iden-
tified in section 1 using the City sewage disposa~
system that are not served by the City water system
will be charged the maximum rate for sanitary sewer
Iservice of $14.85 per unit in the City, or $18.50
..per unit for out of City, unless--they install a City
-approved flow meter to be read by the City.
(d). In addition to' the rates set forth herein, the
City Council reserves the right to require pre-
treatment, special rates or other measures necessary
to cope with and protect the City sewer system.
Section 2. Water Service Charges Prescribed:
That the water rates, water meter connection charges, meter
deposits, and all other service charges pertaining to the
Municipal~ Water System of the City of Boynton BeaCh, Florida,
to be paid by the owner, tenant, or occupant of each lot or
parcel of land, or of any unit, apartment or any other type
of improvement shall be on a per unit basis with each of the
following cOnstituting one unit, unless otherwise indicated
below.
(a) Residential & Commercial Water Service Charges
.City
Residential
(Per Unit)
Out of City
Residential
(Per Onit)
City
Commercial
Out of City
Commercial
Minimum
Up To
3,000
Gallons
Minimum Charge Plus Listed
Per 1,000 Gallons Charge
Over 3,000 Gallons
$4.50
$1.25
$5.60
$1.55
$8.00
$1.25
$10.0'0
$1.55
-2-
Section 3. A residential facility.where a master
meter of over two inches (2") serves several buildings
through a private distribution system of pipes and where the
City does not maintain the private distribution system of
pipes on the effluent side of the meter,.the water rates for
those residential areas in the City will be charged $1~25 per
1,000 gallons, as recorded on the master meter, and for those
residential areas not in.the City the Qater rate will be
charged at $1.55 per 1,000 gallons as recorded at the master
meter.
Section 4. Residential areas referred to in Section
3 will be charged a monthly water meter maintenance fee of:
$i15.00 for a 6" meter -~
- $ 85.00 for a 4" meter
$ 60.00 for a 3" meter
Section 5. A residential~facili~y referred to in
Section 3 will be charged a sanitary sewer charge of $5.50
per unit plus $.485 per 1,000 gallons of water up to.7,999
gallons of'water used times the number of units in the
complex for a complex in the City; or $6.85 per unit plus
$.60 per 1,000 gallons of water up to 7,999 gallons of water
used times the number of units in the complex for a complex
not ih the City.
Section 6. A coin laundry operating in the City will
be charged a minimum charge of $7.50 plus $.60 per 95% of
the gallons of water for the use charge and $.485 per 95% of
the gallons of water for the treatment charge. A coin
laundry operating outside the City will be charged a minimum
charge of $9.35 plus $.75 per 95% of the gallons of water for
the use charge and $.60 per 95% of the gallons of water for
the°treatment charge.
.Section 7. Water Meter connection charges for each
~nit inside the City of Boynton Beach, Florida, shall be as
follows:
3/8" x 3/4" Installation -
1" Installation -
1-1/2" Installation -
2" Installation -
$ 190.00
$ 240.00
$ 500.00
$ 560.o0
-3-
3" Or larger installation - Installed by
applicant, per City requirements, at
the applicant's cost, by a qualified
utility contractor under the City's
supervision.
Section 8. Water meter connection charges outside the
City of Boynton Beach, ~lorida, not cove~ed by special
contract or franchise agreement shall be as follows:
5/8"'x 3/4"
Installation - $ 200.00
Installation - $ 250.00
1-1/2" Installation - $ 510.00
Section 9.
u
Installation - $ 570.00
3" Or larger installation - Installed by
applicant, per City requirements, at
the applicant's cost, by a qualified
utility contractor under the City's
supervision.
Meter deposits shall be as follows:
(a) Meter deposits upon initial installation of a
water meter.
5/8" x 3/4" Installation -
1" Installation -
1-1/2" Installation -
(b)
2"
3"
4"
6"
Installation -
Installation -
Installation -
Installat~0n -
$ 50.00
$ 75.00
$ 100.00
$ 200.00
$ 250.00
$ 400.00
$ 5O0.0O
Where a customer's water service is reconnected
following a disconnection for nonpayment of water
charges, the customer shall pay the following
meter deposits:
5/8" x 3/4"
!"
Installation - $ 100.00
Installation - $ 150.00
1-1/2" Installation -
M
3"
4"
6"
Installation -
Installation -
Installation -
Installation -
-4-
$ 200.00
$ 400.00
$ 500.O0
$ 800.0O
$1,000.00
Section 10. That after the initial installation, the
service charge for connecting and disconnecting shall be
$10.00 each for a total of $20.00, except that the service
charge for connecting and ~disconnecting after normal working
hours or on holidays shall be $35.00 each for a total of
$75.00.
Section 11.
deposit of $600.00.
Fire hydrant meters shall require a
The user will be charged commercial
rates and will be required to bring the hydrant meter in once
each moqth on the anniversary date for reading and checking
that it is operational, and not damaged. If it is not brought
in for ~he monthly reading and inspection, there will be an
~tomatic charge of $150.00 per month. In addition, there
witl be a monthly charge of $30.00 per month, plus charges
for water actually used. Loss of or damage to the meter will
be deducted from the $600.00 security deposit.
Section 12. All resolutions and parts of resolutions
in conflict herewith be and the same are hereby repealed.
Section 13. The repeal of resolutions or parts of
resolutions affected-by the enactment of this Resolution
shall~no% be construed as abating any action now p~nding
under or by virtue of such resolutions or as discontinuance,
abating, modifying or altering any penalty accruing or to
accrue or as affecting the liability of any person, firm or
corporation or as waiving any right of the municipality under
any action or provision existing at the time of the passage
of this Resolution.
Section 14.
effect the 19th
The rates herein stated shall be in
day of October
·
1983.
1983.
~PASSED AND ADOPTED this
18th day October
-5-
ATTEST
C.i. t~ Clerk
Seal)
CITY OF BOYNTON BEACH, FLORIDA
?~ ~,.'.._ _ ~__. __
Vice May~. '
Council Member
-6-