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07-023 , , 1 2 3 4 5 6 7 8 9 10 11 12 13 14 ORDINANCE NO. 07- O~ 3 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA AMENDING CHAPTER 26, WATER, SEWERS AND CITY UTILITIES, AMENDING SECTION 26-9, REVISING THE RATE SCHEDULE FOR POTABLE WATER AND WASTEWATER; AMENDING SECTION 26-34, REVISING THE CAPITAL FACILITIES CHARGE IMPOSED; AND PROVIDING FOR CONFLICTS, SEVERABILITY, CODIFICATION AND AN EFFECTIVE DATE. WHEREAS, at the direction of the City Commission of the City of Boynton Beach, 15 in 2005 the City's utility system consulting engineers, CH2M Hill Consulting Engineers, 16 conducted a study on water and sewer rates necessary in order for the City to provide the 17 desired level of services ("Study"); and 18 WHEREAS, based on their review of the Study and the potable water, wastewater 19 and stormwater systems and the capital facilities charges, City staff recommends 20 modifications to Chapter 26, Water, Sewers and City Utilities, of the Code of Ordinances; 21 and 22 WHEREAS, the provisions of Section 180.136, Florida Statutes, requiring notice of 23 proposed increase to any rate, charge or fee for water or sewer utility service, have been 24 satisfied, as the required notice has been furnished to each utility customer through the City's 25 regular billing process; and 26 WHEREAS, the City Commission of the City of Boynton Beach has determined that 27 the revenue requirement for the City's potable water, wastewater and stormwater systems will 28 increase 6.5% for FY 2008 and then 5.5% annually through 2012; and 29 WHEREAS, in order to ensure that the projected requirement increases are covered, II adjustments for potable water and wastewater rates and capital facilities are necessary; and 2 WHEREAS, the City Commission of the City of Boynton Beach, based upon the 3 justification provided by the City's utility system consulting engineer in a report to the City 4 Commission in May 2007, and by City staff, deems it to be in the best interests of the citizens 5 and residents of the City to amend Chapter 26, Water, Sewers and City Utilities, of the City 6 of Boynton Beach Code of Ordinances to provide for these necessary changes; 7 NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF 8 THE CITY OF BOYNTON BEACH, FLORIDA, THAT: 9 Section 1. Each Whereas clause set forth above IS true and correct and 10 incorporated herein by this reference. 11 Section 2. That Chapter 26, Article I, Section 26-9, entitled Water and 12 wastewater rates and charges, is hereby amended in part by deleting Schedule I, Potable 13 Water Rates, and replacing the same with a new Schedule I, Potable Water Rates, as follows: 14 15 Sec. 26-9. Water and wastewater rates and charges. 16 17 18 19 20 21 22 23 24 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 151 of each of the fiscal years indicated and shall not be prorated: SCHEDULE 1. POTABLE WATER RATES (a) Residential Rates: Alorfth~v Pohlbk lnside Cit)' Outside Cit)' o 9,000 $1.15 per thousand $1. 44 per thousand Qullons 2 II I!~f~ ~~~=: I !~~ ~;; ;;;;;:~ $217~~Or thousand I!~;~;;:~ I o-allons . ~44 ~er thoHsand 1 2 (b )(b) Commercial Rages: 3 AfOllthly P6tablc Inside City Outside City wu TT T"> r~ .,. <1'0 AA _~_ .. <1'1 A AA '-;-; .LJU'" 4""""" .....~. 4' .....~. o 9,000 $1.15 per thousand $1.14 per thousand . . " .11 9,000 30,000 $1.96 per thousand $2.15 per thousand " , . " .1' Over 30,000 $2. 75 per thousand $3.44 per thousand , . .11 .11 rrr=m 4 5 (a) Residential and Commercial rates inside city: 6 Fiscal Base Facility Base Facility 0-9,000 9,001- 30,001- Over Year Charge Charge gallons/ 30,000 50,000 50,000 (Residential) (Commercial month * gallons/ gallons/ gallons/ ) month* month * month * 2007 - $4.40 $8.80 $1.16 $2.07 $2.75 $3.39 08 2008- 4.84 9.68 1.27 2.27 3.03 3.73 09 2009- 5.23 10.45 1.37 2.45 3.27 4.03 10 2010- 5.44 10.87 1.43 2.55 3.40 4.19 11 2011- 5.44 10.87 1.43 2.55 3.40 4.19 12 7 8 (b) Residential and Commercial rates outside city: 9 Fiscal Base Facility Base Facility 0-9,000 9,001- 30,001- Over Year Charge Charge gallons/ 30,000 50,000 50,000 (Residential) (Commercial month* gallons/ gallons/ gallons/ ) month* month* month* 2007- $5.50 $11.00 $1.44 $2.58 $3.44 $4.24 08 2008- 6.05 12.10 1.59 2.84 3.78 4.67 09 3 II 2009- 6.53 13.07 1.72 3.07 4.08 5.04 10 2010- 6.80 13.59 1.78 3.19 4.25 5.24 11 2011- 6.80 13.59 1.78 3.19 4.25 5.24 12 1 2 *Represents monthly usage rates per thousand gallons 3 4 Section 3. That Chapter 26, Article I, Section 26-9, entitled Water and wastewater rates 5 and charges, is hereby amended in part by deleting Schedule II, Wastewater Rates, and 6 replacing the same with a new Schedule II, Wastewater Rates, as follows: 7 8 ~ Base Commodity Rate Dollars Per Thousand Gallons ~ ~ -h# +M +M Rate If NoW ater Meter 1990 91 1991 92 1992 93 1993 94 1994 95 $+:-9+ &@ 94+ -l-9:H -l-9:H $16.45 ++4& ~ ~ ~ 9 /t..\ - . . ---..I ., _:~- . unu ,",ny. ~ Base Commodity Rate Rate If No Water Dollars Per Thousand Meter Gallons 1990 91 $9;-% ~ $20.55 1991 92 ~ ~ UM 1992 93 +-h+-G -hM ~ 1993 94 ~ -h9J ~ 1994 95 ~ -h9J ~ 10 11 (a) Residential and commercial rates inside city: 12 Fiscal Base Commodity Rate Rate If No Water Dollars Per Thousand Meter Gallons 2007 -08 $11.14 $1.69 $23.00 2008-09 12.03 1.83 24.84 2009-10 12.52 1.90 25.83 4 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 /I 1 2 3 I 2010-11 12.77 /1.94 26.35 [2011-12 12.96 11.97 26.75 (b) Residential and commercial rates outside city: 4 5 Fiscal Base Commodity Rate Rate If No Water Dollars Per Thousand Meter Gallons 2007 -08 $13.93 $2.12 $28.79 2008-09 15.04 2.29 31.09 2009-10 15.64 2.38 32.33 2010-11 15.95 2.43 32.98 2011-12 16.19 2.47 33.47 Section 4. That Chapter 26, Article II, Section 26-34 is hereby amended in party 6 by adding the words and figures in underlined type and by deleting the words and figures in 7 struck-through type as follows: 8 Sec. 26.34. Capital facilities charges and connection charges. fA} 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: (1) Water: (a) Property located within the municipal limits of Boynton Beach. Nine hundred thirty three dollars ($933.00) One thousand one hundred twenty-two dollars ($1,122.00) 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 80-1 0 [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) One thousand four hundred three dollars ($1.403.00) per equivalent dwelling unit. "Equivalent dwelling 5 " 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 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. (2) Sewage: (a) Property located within the municipal limits of Boynton Beach. 0ne hundred sixty six dollars ($166.00) Six hundred sixty-five dollars ($665.00) 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. Eight hundred thirty-one dollars ($831.00) TY/O hHHdred se'.'Ofl 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 80-1 0 [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 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. 41 Section 5. Each and every other provision of Chapter 26, not herein specifically 42 amended shall remain in full force and effect as previously enacted. 6 II Section 6. 2 same are hereby repealed. 3 Section 7. All ordinances or parts of ordinances in conflict herewith be and the Should any section or provision of this ordinance or portion hereof, 4 any paragraph, sentence or word be declared by a court of competent jurisdiction to be 5 invalid, such decision shall not affect the remainder of this ordinance. 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28.' 29 " 6 Section 8. 7 Section 9. Authority is hereby granted to codify said ordinance. This ordinance shall become effective October 1,2007. FIRST READING this ~ day of A U.~U~T ,2007. SECOND, FINAL READING AND PASSAGE this ~ ~,2007. ATTEST: day of COlIl111is~ei: ;&rack M~~ray " ///- ----~" \--:> ''''~ ~~ / i 7Commi~---c ,. c!9oy / .,...-.,...~.".- ''----._.,.,~.- ~)~~i[ J et M. Prainito, CMC ity Clerk " '\ i 30 31 (CORPORATE SEAL) 32 33 ') 7