02-045ORDINANCE NO. 02-
AN ORDINANCE OF THE CITY COMMISSION OF
THE CITY OF BOYNTON BEACH, FLORIDA
AMENDING CHAPTER 26, WATER, SEWERS AND
CITY UTILITIES, AMENDING SECTION 26-8,
PROVIDING FOR REVISED ANCILLARY WATER
AND SEWER SERVICE CHARGES; AMENDING
SECTION 26-9, REPLACING AND REVISING THE
RATE SCHEDULE FOR POTABLE WATER;
AMENDING SECTION 26-34, PROVIDING AN
ADDITIONAL PAYMENT OPTION FOR CAPITAL
FACILITIES CHARGES IN THE COMMUNITY
REDEVELOP~NT AREA; AMENDING SECTION 26-
39, PROVIDING FOR A DEFINITION OF WATER
SHORTAGE PHASE, AMENDING SECTION 26-42,
PROVIDING FOR A SURCHARGE FOR POTABLE
WATER UPON DECLARATION OF A WATER
SHORTAGE EMERGENCY;
THE FEE-IN-
LIEU~OF FOR
DOWNTOWN
'WATERSHED; AND
CONFLICTS, SEVERABILITY,
AN EFFECTIVE DATE.
WHEREAS, at the direction of the City Commission of the City of Boynton Beach,
the City's utility system consulting engineers, Camp Dresser and McKee, Inc.-, completed a
Water, Wastewater and Stormwater Rate Study ("Study') in May 2002; and
WHEREAS, based on their review of the Study and the water, wastewater, and
stormwater system, City staff recommends modifications to Chapter 26 of the Code of
Ordinances; and
WHEREAS, the provisions of Section 180.136, Florida Statutes, requiring notice of
proposed increase to any rate, charge or fee for water or sewer utility service, have been
satisfied, as the required notice has been furnished to each utility customer through the City's
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regular billing process; and
WHEREAS, the City Commission of the City of Boynton Beach has determined that
revisions to the ancillary charges for water and sewer service connections and a revised rate
schedule for potable water service are necessary to encourage water conservation, provide for
more equitable rates, and reflect current and preferred practices of the City's Utilities
Department; and
WHEREAS, in order to encourage development within the community
redevelopment area, it has been determined that Section 26-34 of the Code of Ordinances
should be revised to provide an installment payment option for capital facilities charges is
appropriate and necessary within the City's Community Redevelopment Area; and
WItEREAS, in order to further encourage water conservation during periods of
declared water shortages and water shortage emergencies as determined by the South Florida
Water Management District, the City Commission has determined that it is in the best
interests of the public to amend Section 26-42 of the Code of Ordinances to provide for a
surcharge of a varying percentage depending on the restriction phase determined by the
District, on potable water rates when the customer utilizes more than 9,000 gallons of water
per month; and
WHEREAS, Chapter 26, Article VII, Section 26-406 of the Code of Ordinances
provides for fee-in-lieu-of capital contributions towards basic stormwater systems for
properties redeveloping within the Downtown Stormwater Improvement Watershed; and
WltEREAS, the City Commission has found that it is appropriate based upon final
accounting of expenses and construction costs for Phases 1 and 2 of the Downtown
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Improvements Project, to reduce the capital contribution towards stormwater
system improvements in the Downtown Stormwater Improvement Watershed required by
Section 26-406 of the Code of Ordinances
WHEREAS, the City Commission of the City of Boynton, based upon the
justification provided by the City's utility system consulting engineer in a report dated May,
2002, and by City staff, deems it to be in the best interests of the citizens and residents of the
City to amend Chapter 26 of the City of Boynton Beach Code of Ordinances to provide for
these necessary changes;
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF
THE CITY OF BOYNTON BEACH, FLORIDA, THAT:
Section 1. Each Whereas clause set forth above is tree and correct and
incorporated herein by this reference.
Section 2. That Chapter 26, Article I, Section 26-8 is hereby amended by adding
the words and figures in underlined type, and by deleting the words and figures in struck-
through type, as follows:
Sec. 26-8. Water and sewer connection, deposit and service charges.
There is hereby established a fee structure for water arfd sewer
service, turn-ons, meter connections and deposits and miscellaneous
services as set forth below:
Service Charge
Turn-on .......................................... $25.00
Turn-off ........................................... ,_ ,, . ,, ,,° ~ nn
Turn-on after hours.. ~ rm
Turn-off after hours. ~n nn
Meter test* ....................................... 20.00
Re-Read* (customer request) ............... !5.00
Water shut-off charge for non-payment.. 40.00
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$20.00
20.00
55.00
55.00
20.00
Labor char,qe for meter upgrades
Flow test* ...............................
*No charge if meter error_e~ city
is detected.
Meter connection charges.
Meter
Size Inside
(in inches) City
5/8 and 3/4 $215.00 220.00
1 $270.00 255.00
I 1/2 $600.00 455.00
2 $675.00 530.00
and installed by and at e)
4 Total Cost plus !=bcr =nd
and installed by and at e)
6 Total Cost p!'--'s !2bor and
and installed by and at el
and installed by and at e~
Meter
Size
(in inches)
Construc
Penalty~rNon,
3/4 $ 25.0(
I 25.0(
1 1/2 25.0t
2 25.0~
Hydrant meter 150.01
If the customer requests to
size greater than originally instal
differential cost between the origin
.......... 60.00
......... 30.00
s error, or sub-standard flow rate
Outside
City Deposit
$230.00 275.00 $ 100.00
$280.90 315.00 $ 125.00
$655.00 565.00 $ 250.00
$740.00 660.00 $ 400.00
mater!a! Furnished
)ense of Customer $ 750.00
,~.ater!3! Furnished
3ense of Customer $1,250.00
matar!a! Furnished
)ense of Customer $2,500.00
mateda! Furnished
:pense of Customer $4,000.00
[ion Meters
9ad/month Deposit
$100.00
100.00
200.00
250.00
600.00
tcrease the size of his water meter to a
ted, the customer shall pay only the
al meter and the cost of the new meter
for both the connection and deposit charges.
Section 3. That Chapter 26, Article I, Section 26-9 is hereby amended in part by
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deleting Schedule I, Potable Water Rates, and replacing the same with the underlined words
and figures consisting ora new Schedule I, Potable Water Rates, as follows:
Sec. 26-9. Water and wastewater rates and charges.
The monthly rates and charges for water and wastewater shall be as
set forth in the five-year schedules in this section. Such rates shall become
effective on October 1st of each of the fiscal years indicated and shall not be
prorated:
SCHEDULE I. POTABLE WATER RATES
(a) Residential Rates:
Base Facility Charge
0-9000 gallons/month
9,001-30,000 gallons/month
Over 30,000 gallons/month
Inside City
$4.00 per month
$1.15 per thousand gallons
$1.96 per thousand gallons
$2.75 per thousand gallons
Outside City
$5.00 per month
$1.44 per thousand gallons
$2.45 per thousand gallons
$3.44 per thousand gallons
(b) Commercial Rates:
Base Facility Charge
0-9000 gallons/month
9,001-30,000 gallons/month
Over 30,000 gallons/month
Inside City
$8.00 per month
$1.15 per thousand gallons
$1.96 per thousand gallons
$2.75 per thousand gallons
Outside City
$10.00 per month
$1.44 per thousand gallons
$2.45 per thousand gallons
$3.44 per thousand gallons
Section 4. That Chapter 26, Article II, Section 26-34 is hereby amended in part by
adding the words and figures in underlined type, and by deleting the words and figures in
struck-through type, as follows:
Sec. 26-34 Capital facilities charges and connection charges.
(-a-) (A)CAPITAL FACILITIES CHARGE IMPOSED. When property
receives water and/or sewage service from systems owned or controlled by the
city, the owner of such property shall pay unto the city a water and/or sewage
capital facilities charge as follows:
0)
(a)
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Water:
Property loCated within the municipal limits of Boynton Beach.
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Nine hundred thirty-three dollars ($933.00) per equivalent dwelling
unit. "Equivalent dwelling unit" is defined as a unit of construction
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 attached to Ordinance
Number 80-10 [Article II of this chapter] and by reference made a
part thereof.
(b)
Property located beyond the municipal limits of Boynton Beach but
within the utility service area. One thousand one hundred sixty-six
dollars ($1,166.00) per equivalent dwelling unit. "Equivalent
dwelling unit" is defined as a unit of construction 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 attached to Ordinance Number 80-10 [Article II
of this chapterl and by reference made a part thereof.
(2) Sewage:
(a)
Property located within the municipal limits of Boynton Beach.
One hundred sixty-six dollars ($166.00) per equivalent dwelling
unit. "Equivalent dwelling unit" is defined as a unit of construction
generating the same amount of sewage 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 attached to Ordinance
Number 80-10 [Article II of this chapter] and by reference made a
part thereof.
(b)
Property located beyond the municipal limits of the City of
Boynton Beach but within the utility service area. Two hundred
seven dollars ($207.00) per equivalent dwelling unit. "Equivalent
dwelling unit" is defined as a unit of construction generating the
same amount of sewage 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 attached to Ordinance Number 80-10
[Article II of this chapter] and by reference made a part thereof.
Said capital facilities charge is designed to cover the cost of existing or
additional raw water production facilities, water treatment facilities and water
distribution facilities together with sewage transmission facilities either existing
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or additions and improvements thereto which will be utilized by the city to
provide water and sewer service to said property. Said capital facilities charge
shall be paid or in part credited if appropriate upon the issuance of the first
building permit issued on the owner's property and shall be computed based upon
the rate in effect upon that date.
A capital facilities charge shall not be assessed to restaurants for
temporary outdoor seating on private property. Temporary shall be defined as
tables and seating arranged and utilized during the months of November through
April, commonly referred to as the "season." Tables, chairs and benches utilized
for temporary seating shall be removed and stored during the months May through
October. Any permissible permanent seating, whether indoors or outdoors, shall
continue to be assessed capital facilities charges. Under no circumstances shall
any permanent or temporary seating be located partially or completely within
required parking spaces, easements, fire lanes, access aisles, or the public right-or-
way.
For properties located within the community redevelopment area that are
assessed capital facilities charges purs!mnt to this section, the capital facilities
charge may be paid in full prior to or at the time of building permit issuance or on
an installment basis, without interest, for an amortization period not to exceed
eighteen (18) months bom building permit issuance. Should the installment
pawnent option be utilized, charges will be billed on a monthly basis, and the
property shall only be credited for the value of that portion of the capital facihties
charge which has been paid..
If oversizing funding has been carded out by a developer (or developers)
that funding will have a capital facility charge credited in an amount greater than
the oversizing charge portion of the cost of original construction. Oversizing
costs shall be defined to be the relative carrying capacity of the oversized lines as
constructed versus the carrying capacity of the minimum sized lines that would
have been required to serve the development (or developments) participating in
the funding as follows:
Section 5. That Chapter 26, Article 11I, Section 26-39 is hereby amended in part
by adding the words and figures in underlined type, and by deleting the words and figures in
struck-through type, as follows:
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Sec. 26-39. Definitions.
For the purposes of this article, the following terms, phrases, words and
their derivatives shall have the meaning given herein; when not inconsistent with
the context, words used in the present tense include the future, words in the plural
include the singular, and words in the singular include the plural; the word "shall"
is always mandatory and not merely directory:
District is the South Florida Water Management District.
Water shortage emergency means that situation when the powers which
can be exercised under Part II of Chapter 40E-21, Florida Administrative Code,
are not sufficient to protect the public health, safety, or welfare, or the health of
animals, fish or aquatic life, or a public water supply or commercial, industrial,
agricultural, recreational or other reasonable uses.
Water shortage phase means a phase of water shortage declared by the
District and as established by Rule 40E-21.251, Florida Administrative Code.
Section 6. That Chapter 26, Article 1II, Section 26-42 is hereby amended by
adding the words and figures in underlined type, and by deleting the words and figures in
struck-through type, as follows:
Sec. 26-42
Declaration of water shortage; water shortage emergency~
surcharge.
(a) The declaration of a water shortage or water shortage emergency
within all or any part of the City of Boynton Beach by the governing board or the
executive director of the district shall invoke the provisions of this article. Upon
such declaration, all water use restrictions or other measures adopted by the
district applicable to the City of Boynton Beach, or any portion thereof, shall be
subject to enforcement action pursuant to this article. Any violations of the
provisions of Chapter 40E-21, Florida Administrative Code, or any order issued
pursuant thereto, shall be a violation of this article.
(b) Upon the declaration of a water shortage or water shortage
emergency as described in (a) above, a surcharge shall be added to the charge for
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potable water on all customers using more than 9,000 gallons per month. Charges
shall be applicable during the first billing cycle following the declaration, and
shall remain in effect until the declaration is lifted, as follows:
Water Shortaqe Phase_ Percent Surchar.qe Applied
I 15%
II 30%
I'"i'l 45%
I'-~ 60%
Section 7. That Chapter 26, Article VII, Section 26-406 is hereby amended in part
by adding the words and figures in underlined type, and by deleting the words and figures in
struck-through type, as follows:
Sec. 26-406 Capital contributions.
(3) The "fee-in-lieu-of' capital contribution for properties
redeveloping within the Downtown Stormwater Improvement Watershed, and
utilizing the installed stormwater treatment and/or conveyance facilities within
that watershed, shall be levied as follows:
ao
Capital cost per impervious square foot for
Water Quality $2.10 $2.05
bo
Capital cost per impervious square foot for
Water Quantity
$0.18
Total Capital cost per impervious
square foot for Water Quality and
Quantity
$2.23
This fee shall be paid prior to the issuance of a building permit for new
construction and/or redevelopment in the Downtown Watershed.
Section 8. Each and every other provision of Chapter 26, not herein specifically
amended shall remain in full force and effect as previously enacted.
Section 9. All ordinances or parts of ordinances in conflict herewith be and the
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same are hereby repealed.
Section 10. Should any section or provision of this ordinance or portion hereof,
any paragraph, sentence or word be declared by a court of competent jurisdiction to be
invalid, such decision shall not affect the remainder of this ordinance.
Section 11. Authority is hereby granted to codify said ordinance.
Section 12. This ordinance shall become effective October 1, 2002.
day of August, 2002.
SECOND, FINAL READING AND PASSAGE this ,~qO day of August,
2002.
ATTEST:
ioner ~
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