19-028 1 ORDINANCE NO. 19-028
2
3 AN ORDINANCE OF THE CITY OF BOYNTON BEACH,
4 FLORIDA AMENDING CHAPTER 26. WATER,
5 SEWERS AND CITY UTILITIES, CREATING ARTICLE
6 IX, ENTITLED "CHILLED WATER"; PROVIDING FOR
7 PURPOSE AND INTENT, DEFINITIONS, DISTRICT
8 ENERGY PLANT, CUSTOMER CONTRACTS, FEES,
9 SYSTEM MAINTENANCE AND WATER LOSS, NOTICE
10 OF VIOLATION AND FAILURE TO REMEDY;
11 PROVIDING FOR CONFLICTS, SEVERABILITY,
12 CODIFICATION AND AN EFFECTIVE DATE.
13
14 WHEREAS, the City Commission approved Resolution R18-060 on April 17, 2018
15 which expanded the utility system to include Chilled water as one of the services; and
16 WHEREAS, the creation of the Code of Ordinances Article entitled Chilled Water
17 will formalize the addition of the chilled water utility services to the existing operations of the
18 Utility Department.
19 NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF
20 THE CITY OF BOYNTON BEACH, FLORIDA, THAT:
21 Section 1. Each Whereas clause set forth above is true and correct and
22 incorporated herein by this reference.
23 Section 2. That Chapter 26, Article IX, entitled "Chilled Water" is hereby created
24 by adding the words and figures in underlined type, and by deleting the words and figures in
25 struck-through type, as follows:
26 Article IX. CHILLED WATER
27
28 Sec. 26-600 Purpose and Intent
29 The purpose and intent of this article is to set forth the fees and requirements for the
30 operation of Chilled Water systems within the City.
31
32 Sec. 26-601 Definitions
33 For the purpose of this article, the following definitions shall apply; words used in the
34 singular shall include the plural, and the plural, the singular; words used in the present tense shall
35 include the future tense.The word "shall" is mandatory and not discretionary.The word "may" is
36 permissive. Words not defined herein shall be construed to have the meanings given by common and
37 ordinary use as defined in the latest edition of Webster's Dictionary.
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38 District Energy Plant: A facility operated by the Department for providing chilled
39 water for the use of their customers.
40 City: The City of Boynton Beach, Florida, a municipal corporation.
41 Customer: Any property owner, developer, user, company, municipal corporation,
42 political subdivision, homeowners' association or other entity that accepts or receives chilled
43 water service or benefits directly from services rendered by the Department.
44 Department: The City of Boynton Beach Utilities Department.
45 Development: All projects both commercial and residential wishing to connect to
46 the Utility's District Energy Plant.
47 Director: The Director of the City Utilities Department or the Director's duly
48 authorized representative.
49 Person: Includes individuals, firms, associations,joint ventures,partnerships,
50 estates, trusts, corporations, and all other groups or combinations.
51 Point of service: The outlet side of the Department's chilled water meter system or
52 other point identified on construction plans, which ends the Department's ownership,
53 operation and maintenance responsibility.
54 Property owner: One in whom the legal title to real estate is vested, as recorded in
55 the public records of Palm Beach County, Florida.
56 Chilled water: Water that has been delivered from a District energy plant for the
57 purpose of being used by customers to provide HVAC services to their development.
58 Chilled water distribution system: A network of insulated pipes, of various
59 diameters, along with valves, meters and related appurtenances, designed to convey and
60 distribute chilled water, in a looped system, to and from a District Energy Plant to the
61 customer's point of service and back to the plant..
62 Service: The readiness and ability on the part of the Department to furnish chilled
63 water to the property.
64 Service initiation: The date a chilled water contract comes into effect.
65 Sec. 26-602 District Energy Plant
66 A District Energy plant will be maintained and operated by the utility to provide the
67 necessary chilled water commodity to its customers. The utility will ensure that sufficient
68 provision has been made to ensure the contracted minimum level of service.
69
70 Sec. 26-603 Customer Contracts
71 Potential customers will be required to enter into a contract with the utility which will
72 specify in detail the responsibilities of both parties. The contract will include a commitment
73 by the customer to utilize a guaranteed minimum capacity from the district energy plant. The
74 customer will also be required to provide a minimum return water temperature from their
75 facility. The Utility will also guarantee a minimum level of service to their customers.
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76
77 Sec. 26-604 Fees
78 The fees for service will be reviewed annually and any changes will be authorized
79 through resolution of the City Commission as a part of the budgeting process. The fee basis
80 includes a capacity charge, usage charge and a penalty for failure to maintain the contracted
81 minimum return water temperature.
82
83 Sec. 26-605 System maintenance and water loss.
84 The customer is required to maintain an efficient system within their development and
85 to prevent any losses of the supplied cooling water. Failure to maintain the system could
86 result in further penalty or loss of service.
87
88 Sec. 26-606 Notice of Violation; failure to remedy
89 The director of utilities shall notify the property owner, or authorized agent, of any
90 failure to meet the obligations of this article or the service contract. The director will set a
91 reasonable time for the property owner to have the violation removed or corrected(thirty (30)
92 days maximum, or as determined by the severity). Failure to have the violation corrected may
93 result in the director terminating chilled water service.
94
95
96 Section 3. Each and every other provision of Chapter 26, not herein specifically
97 amended shall remain in full force and effect as previously enacted.
98 Section 4. All ordinances or parts of ordinances in conflict herewith be and the
99 same are hereby repealed.
100 Section 5. Should any section or provision of this ordinance or portion hereof, any
101 paragraph, sentence or word be declared by a court of competent jurisdiction to be invalid,
102 such decision shall not affect the remainder of this ordinance.
103 Section 6. Authority is hereby granted to codify said ordinance.
104 Section 7. This ordinance shall become effective immediately.
a
105 FIRST READING this ..06 ay of 14 .�, , 2019.
106 J
107
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108 SECOND, FINAL READING AND PASSAGE this day of
109 , 2019.
110
111
112 CITY OF BOYNTON BEACH, FLORIDA
113
114 YES NO
115 Mayor—Steven B. Grant
116
117 Vice Mayor—Justin Katz ✓
118
119 Commissioner—Mack McCray ✓
120
121 Commissioner—Christina L. Romelus
122 ✓
123 Commissioner—Ty Penserga
124
125 VOTE
126 ATTEST:
127
128
129
130 Cr tal Gibson, MMC
131 City Clerk
132
133
134 (Corporate Seal)
135
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