18-020 1 ORDINANCE NO. 18-oaO
2
3 AN ORDINANCE OF THE CITY OF BOYNTON BEACH, FLORIDA,
4 AMENDING CITY OF BOYNTON BEACH CODE OF ORDINANCES,
5 CHAPTER 26, WATER, SEWERS AND CITY UTILITIES BY
6 AMENDING THE REGULATIONS GOVERNING THE
7 METHODOLOGY USED FOR APPROVING THE UTILITY RATES
8 GOVERNING CHAPTER 26—9, WATER, WASTEWATER, CHAPTER
9 26-508,REUSE WATER,AND CHAPTER 26-403,THE STORMWATER
10 ASSESSMENT FEE; ALLOWING RATES TO BE SET ANNUALLY BY
11 RESOLUTION OF THE COMMISSION.; PROVIDING FOR CITY
12 COMMISSION AUTHORITY, CODIFICATION, SEVERABILITY,
13 CONFLICTS, AND AN EFFECTIVE DATE.
14
15 WHEREAS, Utility operations are fully funded through an approved rate structure and
16 as operational and capital costs increase or decrease,rates should be adjusted to ensure financial
17 sustainability of the utility; and
18
19 WHEREAS, the Utility Department completed a five year rate study in
20 2.010 through art external consultants who reviewed the projected capital improvement plan and
21 operating budget, along with population growth and developed a five year rate schedule; and
22
23 WHEREAS, in order to maintain long term financial stability, rates should be adjusted
24 annual based on projected changes in the cost of supplies, materials, labor, and contractual
25 services which costs changes in these categories are captured by the federal government and
26 published in various Consumer Price Indices (CPI's); and
27
28 WHEREAS, in order to resolve these deficiencies the Utility Department has
29 developed a new, sophisticated, long term planning system that allows review of the impacts of
30 the operating and capital improvement costs on the financial reserves on a regular basis; and
31 WHEREAS, revenues and costs can be forecast based upon cost indices impacting our
32 expenses and the needs of the capital plan; and
33 WHEREAS, utilizing this tool the Utility Department will report to the Commission
34 each year during the budget process, present the analysis provided by the financial planning
35 model and request any necessary rate adjustments at that time as well as the required legal
36 notice of the proposed rate change will be presented prior to the final hearing and the City
37 Commission will make any resulting rate adjustments by resolution following the hearing.
38
39 NOW,THEREFORE,BE IT ENACTED BY THE CITY COMMISSION OF THE
40 CITY OF BOYNTON BEACH, FLORIDA as follows:
41
42 SECTION 1. Recitals. The foregoing recitals are hereby ratified and confirmed as
43 being true and correct and are hereby made a part of this Ordinance.
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44
45 SECTION 2. Amendment of City Code. Part II, "Code of Ordinances", Chapter 26,
46 "Water, Sewers and City Utilities", Section 26-9 of the City of Boynton Beach Code of
47 Ordinances be, and the same are hereby amended as follows:
48
49 Sec. 26-9. Water and wastewater rates and charges.
50 The monthly rates and charges for water and wastewater shall be reviewed annually by the
51 Utilities Management and the rates set by the Commission during the annual budget
52 process.as Jet forth in the multi year schedules in this section. Such rates shall become
53 effective on November 1 in FY 2011 12 and October 1 of each of the fiscal years. Unless
54 otherwise agreed, rates for customers outside the city are set 25% higher. thereafter and shall
55 not he prorated:
56
57 SCHEDULE I. POTABLE WATER RATES
58 - (a) Residential and commercial rates inside city:
59 -
F s�ai Base l'aeilitj, Bose lacilitb Chore 1) 9,001) 30.001 50,040 Over 50.0't0
Char,, �s gallons' gallon
i-ger (('omrncrcial/ month" month* gallons month' moiiih
20 0 51)4.76 $21.51 51.11 $2-58 $3.11 $1.24
-1--
2y 1 510.914 $21.91 $1.17 52.63
-1-- S3,5I &44-4
2 2
$1149 S22.60 51.51 1 53.61 $1.15
24 ? $11.64 $23.28 $1.56 1,x.7-9 $3.72 $+49
71-,-
2
-r2O 1 $1 1.99 $23.97 $1.61) 1,248 $3.83 $4,74
4-=
? T-
S 12.35 $21.69 51.65 5,2:9-6 $3-9-5 $4-8-2
-14
60 -
61 (b) Residential and commercial rates outside city:
62 -
Bwit=-Fero Base Facility 1) 9.000 9.001 36,(100 30,001 50,000 Over 50,(4011
Fi.;cul
Clump. ('harge gallons' gallons.' ggsrl
allons loas
}'anr r Commercial) month* vaeiwflt* month" month*
2010 44 513.15 S26.9() $1-88 $3.23 $1.39 $5.34)
2011 $13.72 $27.11 $1.81 $3.29 $1.39 $5.11
4-2-
2012
-230!2
84443
$28.26 $1.89 $3.39 51.52 55..5=
-14
2013
$11.55 529.11 $1.95 53.50 $1.65 `55.7.1
2(111 $11.99 529.98 $2.0I 53.60 $1.79 55.91
4-5 2015 $15.11 $30.88 $2.07 $3.71 $49-4 $6.08
4-
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63 -
64 -
65 SCHEDULE, 11. WASTEWATER RATES
66 (a) Residential and commercial rates inside city:
67 -
Tiscal 1 deer Bose Co,nmodity Rate(Dollars Per Tiotrsnnd Galhoist Rate 1/ '\,i W Ater I kt r
2010 11 $16.29 $1.87 $29.11
2011 12 $16.62 $1.91 $30.00
2012 13 $17.11 $1.96 $30.90
2013 11 $17.63 $2.02 $31.33
2011 15 $18.16 $2.08 $32.78
201516 $4 $2.15 $33.76
68 -
69 (b) Residential and commercial rates outside city:
70 -
)"ear Base Rate If No lVaL r.Meter
2010 11 $20.38 $2- 4 $36.78
2011 12 $20.79 $2.39 $37.52
2012 13 $21.11 1,-,?4.6 $38.61
2013 11 $22.05 $233 $39.80
2011 15 $22.72 $2.61 $10.99
201516 $23.10 $2.69 $-12.22
71
72 The maximum sewer commodity charge for residential customers (in city or outside city)
73 will be based upon a maximum sewer usage of seven thousand (7,000) gallons per month.
74 Commercial accounts will be billed sewer charges based upon total water usage.
75
76 For multi-family buildings and commercial buildings(in city or outside city) in which
77 several dwelling units are serviced by a single meter, the base facility charge per meter shall
78 be calculated by multiplying the number of dwelling units times the standard base charges for
79 water, sewer and stormwater. The billing for consumption shall similarly be calculated by
80 dividing the total monthly consumption for each meter by the number of dwelling units, in
81 order to determine the billing rate and amount per d-wellingunit which is then multiplied by
82 the number of units on each meter. Billing for utility services for multi_ familyunit parcels
83 shall commence on the first day that either a sewer connection is made or a water meter is set
84 in place.
85
86 If the utility account is temporarily disconnected, there shall continue to be a minimum
87 charge for water and wastewater billed monthly and calculated at the base rate for the
88 applicable billing category.
89
90
91
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92 SECTION 3. Amendment of City Code. Part II, "Code of Ordinances", Chapter 26,
93 "Water, Sewers and City Utilities", Section 26-508 of the City of Boynton Beach Code of
94 Ordinances be, and the same are hereby amended as follows:
95
96 •
97 Sec. 26-508. Fees, rates and charges.
98
99 (a) Charges for reclaimed water use will be based on metered flows and will be billed on a
100 monthly basis per one thousand (1,000) gallons in accordance with the approved rate
101 following schedule=.
102
103 The monthly rates and charges for water and wastewater shall be reviewed annually h‘
104 the Utilities Management and the rates set by the Commission durin<g the annual budget
105 setting process. Such rates shall become effective on October 1 of each year.
106 -(1) Thirty four cents (3/1), which consists of the Board's rate of sixteen cents (16) charged
107e €4t , ; addition to the City's rate of eighteen cents (18).
108 (2) Changes in the rate charged to the City by the Board shall-+e: -.• the total
109 rate to the customer at the same value as the rate change.
110
111 (b) Meter installation charges and deposits, when applicable, shall be as listed in Chapter
112 26, Article 1 of the City Code of Ordinances.
113
114
115 SECTION 4. Amendment of City Code. Part II, "Code of Ordinances", Chapter 26,
116 "Water, Sewers and City Utilities", Section 26-403 of the City of Boynton Beach Code of
117 Ordinances be, and the same are hereby amended as follows:
118
119 Sec. 26-403. Schedule of rates.
120 (a) The Director is directed to prepare a list of lots and parcels within the city and assign a
121 classification of residential, nonresidential or undeveloped to each lot or parcel.
122 (b) The monthly charge per ERU for all improved properties within the City of Boynton
123 Beach corporate limits shall be $5. The City Commission may, from time to time, 11
124 ordinance amend the monthly charge established in this section. set by commission The
125 monthly rates and charges for water and wastewater shall be reviewed annually by the
126 Utilities Management and the rates set by the Commission during the annual budget setting
127 process. Such rates shall become effective on October l of each year.
128 (c) The fee imposed for residential properties shall be the rate for one ERU multiplied by
129 the number of individual dwelling units existing on the property (ERU rate) (number of
130 dwelling units).
131 (d) The fee imposed for nonresidential properties as defined herein shall be the rate for one
132 ERU for each 1,937 square feet of impervious area.
133 (e) The Director shall be responsible for determining the impervious area based on data
134 supplied by the county property appraiser, or by the property owner,tenant or developer if
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135 such information is unavailable. The Director may require additional information as necessary
136 to make the determination. The billing amount shall be updated by the Director based on any
137 additions or deletions to the impervious area as approved through the building permit process.
138 (f) The minimum fee for any nonresidential parcel shall be equal to the rate for one ERU.
139 (g) There shall be no fee for undeveloped property.
140 (h) For a period of two years commencing January 1, 2010 and ending December 31, 2011,
141 a $0.25 per ERU per month surcharge shall be collected to fund a five-year fresh water canal
142 aquatic vegetation removal and control program. The surcharge funds collected shall be
143 deposited in a separate "fresh water canal maintenance account" account in the stormwater
144 utility enterprise fund.
145 Section 4. All Ordinances or parts of Ordinances, Resolutions or parts of
146 Resolutions in conflict herewith be and the same are hereby repealed to the extent of such
147 conflict.
148 Section 5. Should any section or provision of this Ordinance or any portion
149 thereof be declared by a court of competent jurisdiction to be invalid, such decision shall
150 not affect the remainder of this Ordinance.
151 Section 6. It is the intention of the City Commission of the City of Boynton
152 Beach that the provisions of this Ordinance shall become and be made a part of the Code
153 of Ordinances of the City of Boynton Beach, Florida. The Sections of this Ordinance may
154 be renumbered, re-lettered and the word "Ordinance" may be changed to "Section",
155 "Article" or such other word or phrase in order to accomplish such intention.
156 Section 7. This Ordinance shall become effective upon adoption.
157
158 FIRST READING this (p day of S \
e crb€ 2018.
159
160
(S.\CA(Ordinances)Remove Utility Rates From Code(Set By Resolution)-Ordinance Docx
161 SECOND, FINAL READING AND PASSAGE this k"day of -.79/./4i1/3cc
162 2018.
163
164 CITY OF BOYNTON BEACH, FLORIDA
165
166 YES NO
167
168 Mayor—Steven B. Grant
169
170 Vice Mayor—Christina L. Romelus
171
172 Commissioner—Mack McCray
173
174 Commissioner—Justin Katz
175
176 Commissioner—Joe Casello
177
178
179 VOTE .1->d
180 ATTEST:
181
182
183
184 Judit . Pyle, CMC
185 City lerk
186
187
188
189 (Corporate Seal)
190
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