O72-24ORDINANCE NO. 72-24
AN ORDINANCE OF THE CITY OF BOYNTON BEACH,
FLORIDA; ESTABLISHING PROCEDUR'ES FOR EXTENSIONS
OF THE MUNICIPAL UTILITY SYSTEMS, BOTH WITHIN
AND WITHOUT THE MUNICIPAL LIMITS OF SAID CITY:
PROVIDING FURTHER FOR AUTHORITY TO CODIFY,
SAVINGS CLAUSE, REPEALING PROVISIONS, AN
EFFECTIVE DATE AND FOR OTHER PUR. POSES.
BE IT ORDAINED BY THE CITY COUI~CIL OF THE CITY OF
BOYNTON BEACH, FLORIDA:
Section 1: Purpose. This Article establishes procedures to
facilitate the orderly expans'ion of the City's sewerage and wazer systems
and provides alternatives for funding of such expansion by those benefiting
Section 2: Scope. The City has accepted the responsibility to
provide water and sewerage service within its "area" as a regional service
agency as designated by the Palm Beach County Area Planning Board;
roughly from the Atlantic Ocean and west to the Florida Turnpike and
Hypoluxo Road and south zo the north city limits of Delray or as specifically
delineated by the Area Planning Board.
Section 3: General Provisions.
A. Design
1. The City's engineers will design both the water plant
or supply facilities and the sewage treatment plant
facilities.
2. The Cityfs engineers will design both the wazer and
sewage trar~smission lines.
3. The City's engineers may design the sewage collection
system and the water distribution system or have same
designed by the developer and the property owner.
(both as found, i. e. in a development or a subdivisionK
4. In all cases, all designs will be approved by the City
and the City's consulting engineers, and be inspected by
thereby.
the City or their representatives, all at the expense of
developer.
B. Construction.
1. The City will construct the water plant or supply
facilities and sewage plant facilities.
2. The City or a developer or owner may construct the
transmission, collection and distribution systems.
C. Financing.
1. Inside the City.
ia. ) Design by City - in all cases developers or
property owners will extend monies to the City to
cover the cost of initiating and designing all or any
portions of the Transmission, collection or distri-
bution systems. This will be 15% of the total
estimated cost of any project.
(b.) Construction by City - in all cases developers
or property owners will pay t~he estimated cost of
any project, such monies to be provided before the
~igning or an agreement and beginning of a
construction project, plus agree in writing to pay
on demand any additional expenses actually incurred
by the City in construction.
lc. ) Construction by others - in all cases developers
or property owners will submit a 100% performance
and completion bond guaranteeing the construction
of and payment for all projects agreed upon for the
construction project.
2. Outside the City.
- all improvemems, extensions or expansions will be
completely financed by the developer or property
(a.)
(b.)
(c.) Construction by others -
Construction Planning.
1.
Design by City - (same as C. 1.(a). )
Construction by City - (same as C. 1.(b. )
(same as C. 1.(c.I
All projects proposing any improvement, extension or
expansion of any system shall be approved by the City
Manager. Any proposal will be in writing, describing
in detail the purpose, scope and an analysis of the
proposal feasibility, including an estimate of:
- projected operation costs
- projected maintenance coszs
- projected revenue, related ~o this project
Detail ed plans and specifications may also be requested.
The City Manager shall, within thirty (30) days, approve
plans or deny any proposals, if -
- the proposal fails to comliy with a requirement of
any city code or authorized regulations, or -
- the proposal will result in an economie operating
loss to the City.
4. Any denial may be appealed to the City Council.
Required City Water.
A saWe~ag~;system proposal to extend sewer service to ·
any area not served, and not ~ be concurrently served
by the City's Water System, may be initiated only after
approval by the City Council.
Required City Sewerage System.
A water system proposal to extend water service to
any area not served, and not to be concurrently served
by the City's sewerage System, may be initiated only
after approval by the City Council.
Design Standards.
All plans and specifications relating to sewerage and
wazer systems extension projects shall comply with
established City standards and shall have affixed to
them the seal of a registered professional engineer.
With respect to projects not designed and constructed
by the City, the properzy owner authorized to undertake
the projecz s hall file with the City Manager a reproducible
set of plans showing the completed work, as built,
logether with an affidavit of periodic and final inspections
by a registered professional engineer, certifying that
the work as constructed complies with established City
standards, and shall obtain final project approval from
the City Manager.
Construction Standards.
All extensions of the City's sewerage and water systems
shall comply with the following standards:
1. Location.
All sanitary sewers, sewerage pumping stations,
water mains and related appurtenances to be
conveyed to the City shall be located only in public
rights-of-way, on City-owned property, or in
easements acceptable ~lo the City. Where the
property is under development, sewerage and water
syszern extensions shall hot be installed until:
(a.) The finished grades of the rights-of-way or
easements have been established and approved
by the City, and
(b.) The rights-of-way or easements have been
constructed to at least design sub-grade.
2. Installation Standards and Inspection.
All installations shall be made in a manner and of such
materials as are in accordance with standards and
requirements established by the City, and all plans,
specifications, premises, or construction sites shall be
subject to inspection and approval by the City Manager
or his designee at any time during or after completion
of construction prior to acceptance by the City. No
installation or construction by a property owner shall be
accepted by theCity as finally approved until there is
delivered to the City an affidavit which adequately
protects the City's interests against mechanic's liens
or other liens which might be asserted against the
property under applicable law, the form and conditions
of the affidavit to be approved by the City Attorney.
3. Building Sewer or Water Line.
Every "building" sewer or water tine shall terminate
at the owner's property line and shall be installed and
connected to the building plumbing by the property
owner at his expense.
4. Connection to City System.
Actual interconnect%on of an extension with the existing
City sewerage or water system shall be prevented, by
omitting a connecting section or by placing a temporary
bulkhead in the connecting lines, until the extension
project has been fully inspected and approved and all
other conditions for extension of service have been met.
5. Ownership.
All portions of a sewerage or water sysiern extension
project located ~n a public right-of-way, City-owned
property, or a public easement shall, upon installation,
become the property of the City, and the filing of an
application for approval of construction of such a
project by a property owner shall be deemed to be
consent to such transfer of ownership. The properzy
owner shall execute and deliver to the City such deeds
or other evidences of ownership as the City may require.
Water and Sewer Connection and Control Charge.
I. Imposed.
Except as otherwise provided, every property owner
whose property first receives water and sewer service
from~ystems owned or controlled by the City after the
effective date of this ordinance shall pay unto the City
a water, sewer and connection and Capital Improvement
charge on each dwelling unit as follows:
2. Water and Sewer Extension Policy to Systems Outside
of Corporate Limits.
The City will extend the Sanitary Sewer Sy~m and the
Water System to the service outside the corporate limits
within the City's ability to obtain the proper approvals
and subject to ~he City having funds available in the
Capital Improvement Account of the Water & Sewer
Utilities Fund. The following schedule of fees, costs and
charges will be paid by the property owner or developer.
The City will collect the Capital Improvement Fee in
advance. Any additional costs over and above the
Capital Improvement Fee will be borne by the developer.
However, if the developer installs the systems'
connection he will be exempt from payment of the
Capital Improvement Fee.
CONNECTION CHARGE
= Connection Capita] Total
Fee Imp. Fee
Water $125,00 - $ 50.00 = $175.00
Sewer $250.00 - $100.00 = $350.00
$375.00 - $150.00 = $525.00
The anticipated connections will be verified by the plat
and site plan as approved by the County or City as
appropriate, for the density according to existing
zoning. These funds will be cre~tited against the
construction costs which will include the total project
costs for the portion of the system thai must be extended,
built or improved in order to serve tlme developer or
property owner. If the amount of the Capital Improve-
ment Fees from a particular development will not
equal the total project cost, then, the developer must
advance the difference prior to the construction beginning.
Inside the CorporaTe Limits.
The same procedure wi]J apply for all extensions or
improvements within the corporate limits except the
Capital Improvement Fee will not be charged. This will
apply to all connections after January 1, 1974. The City
reserves the right to require that connection £ees be
paid in advance on new construction in order that
necessary facilities can be provided.
A. Such charges shall be imposed on ali structures
constructed pursuant to building permits issued by any
governmental source subsequent to the effective date
of this ordinance, where such permit is required at
the time application is made for a water and/or
sewer connection. Such charges shall be payable au the
time of application for such connection or
connections, except as otherwise outlined in (2)
above.
B. Exceptions.
No water and sewer connection, other than an
additional charge under subsection (C) if
applicable, shall be due:
1. With respect to property zo which there has
been paid water and sewer connection charge, or
2. With respect zo property the owner of which has
either (i) constructed at his own expense and
turned over to the City sewage and water treat-
ment facilities adequate to serve such property,
or, (ii) paid to the City as a part of a sewerage
and water system extension project funds
sufficient ro construct sewage and water treat-
ment facilities adequate ro serve such property.
3. Existing occupied structures nor having water or
sewer service; provided, however, as to such
structures connection charges applicable prior to
the effective date of this ordinance shall be paid;
provided the cormection is made nor later than
ninety (90) days from the date of this ordinance.
C. Additional Charge.
If the use of any property served by the City's sewerage
and water system changes after the effective date of this
ordinance (1) so as to change its classification for the
purpose of computation of the charge, or (2) so as to
increase the number of equivalent units over the number
of such units at either the time of payment of the last
charge or the effective date of this ordinance, whichever
is later, then the Connection Fee and the Capital Improve
ment Fee resulting from the change in property use
shall be due and payable az the time of the change in
property use, regardless of whether any charge was
ever imposed or paid at the time of initial connection
into the syste~n. The increased charge imposed by
this subsection shall be included on and payable as a
part of the property owner's next utility service bill.
D. Use of Funds.
All revenues derived from the charges imposed by this
section, in excess of the sums required for actual
reimbursement of costs for connection, shall be placed
in a separate capital improvement fund to be known and
designated as Capital Improvement Account of the
Water and Sewer Utilities Fund, and shall be used only
for the construclion, acquisition, addition, extension,
renewal and replacement of the water and sewerage
systems of the City, as appropriated from time lo time
by the Council. If funds are not available in this fund
for the City to approve a project to extend water and
sewer systems, the developer may advance Fees to
the Utility Trust Fu~ld.
Section 4: This ordinance is deemed to be cumulative and
supplemental To all existing ordinances.
Section 5: Authority to Codify. Speci£ic authority is hereby
granted to codify and incorporate this Ordinance in the City's existing Code.
Section 6: Separability. Each of the provisions of this
Ordinance are separable, including word, clause, phrase, or sentence, and
if any portions thereof shall be declared invalid, the remaining portions
shall not be affected, but shall remain in full force and effect.
Section 7: Repealing Provisions. All ordinances or parts of
ordinances in conflicl herewith are hereby repealed.
Section $: Effective Date. This Ordinance shall become effecti'
in the manner and au the time provided in the Charter and Ordinances of the
City of Boynton Beach, Florida.
First reading, this 18th day of July, A.D., 1972.
Second, final reading and passage this ~ L__~ day of
A.D., 1972.
ATTEST:
City Clerk
(Corp. Seal)
CITY OF BOYNTON BEACH, FLORIDA
Mayor
Councilman