Loading...
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 S:\CA\Ordinances\Utility\Water Rates 08-06-02.doc 1 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 S:\CA\Ordinances\UtilitySWater Rates 08-06-02.doc 2 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 S:\CA\Ordinances\UtilitykWater Rates 08-06-02.doc 3 $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 S:\CA\Ordinances~Utility~Water Rates 08-06-02.doc 4 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) S :\CA\Ordinances\Utility\Water Rates 08-06-02.doc Water: Property loCated within the municipal limits of Boynton Beach. 5 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 S:\CA\Ordinances\Utility\Water Rates 08-06-02.doc 6 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: S:\CA\Ordinances\Utility\Water Rates 08-06-02.doc 7 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 S:\CA\Ordinances\Utilit'.dWater Rates 08-06-02.doc 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 S:\CA\Ordinances\Utility\Water Rates 08-06-02.doc 9 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 ~ S:\CA\Ordinances\Utility\Water Rates 08-06-02.doc 10