Ord 43-08ORDINANCE NO. 43-08
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY
OF DELRAY BEACH, FLORIDA, AMENDING CHAPTER 53,
"SANITARY SEWERS", OF THE CODE OF ORDINANCES OF
THE CITY OF DELRAY BEACH, BY AMENDING SECTION
53.130, "USER CHARGES; WHOLESALE SEWER RATES;
CALCULATION OF SEWER SURCHARGE", SUBSECTION
53.130(D), TO PROVIDE FOR INCREASED RESIDENTIAL
AND NONRESIDENTIAL/COMMERCIAL RATES FOR FY
2009; PROVIDING A GENERAL REPEALER CLAUSE, A
SAVING CLAUSE, AND AN EFFECTIVE DATE.
WHEREAS, to provide for accurate accounting of services, the City Commission
desires to more accurately reflect the payment for services provided for the rendition of sewer
services on a prorated basis.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF
THE CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS:
Section 1. That Title V, "Public Works", Chapter 53, "Sanitary Sewers", Section
53.130, "User Charges; Wholesale Sewer Rates; Calculation of Sewer Surcharge", subsection
53.130(D), of the Code of Ordinances of the City of Delray Beach, Florida, is hereby amended to
read as follows:
(D) The following rates and charges shall be collected from the users of the City
sewerage system:
(1) Residential dwelling units. A monthly sanitary sewer service
charge is imposed upon each residential dwelling unit, as more specifically set forth hereinafter, to
which sanitary sewage service is available through the facilities afforded by the municipally-owned
sewerage system, according to the following schedule:
Residential Inside City Outside City
(a) Capacity charge (per
residential dwelling
unit):
4-5~ 18.04 ~'~'tl t 22.55
(b) Commodity charge
(based on metered
water with maximum
of 12,000 gallons):
4~ 2.20 ~ 2.75
(c) South Central
Regional Wastewater
Treatment and
Disposal Board (per
1,000 gallons)
8:9$ 1.1917 4~ 1.49
NOTES: Where no water service is provided and the user is connected to the sanitary sewer
system, the commodity charge shall be based on the maximum of 12,000 gallons. This is in addition
to the capacity charges as set forth above.
Where no water service is provided and the user is not connected to the sanitary
sewer system, and sewer service is available for connection, there will be a capacity charge as set
forth above.
(2) Nonresidential/commercial units. A monthly sanitary sewer service charge is
imposed upon each commercial and nonresidential unit to which sanitary sewage service is available
through the facilities afforded by the municipally-owned sewerage system, according to the
following schedule:
2 ORD. NO. 43-08
Nonresidential/Commercial Inside Ciry Outside Ciry
(a) Capacity charge (per meter):
3/4-inch meter ~9 18.04 ~ 'tl'T 22.55
1-inch meter ~i-1~ 30.10 ~-1- 37.62
1-1/2 inch meter ~-2~3 59.95 H §-1~ 74.94
2-inch meter S~:-45 95.97 48 4 119.96
3-inch meter ~3 210.14 ''' ~ 262.67
4-inch meter 3~9 378.12 4-1 ~AA 472.65
6-inch meter Y~Jtl:YY 840.35 94 42 1050.44
8-inch meter „~ 1441.74 ,~ 1802.18
10-inch meter ~8~:-A4 2282.80 24~84 ~ 2853.50
(b) Commodity charge:
City per 1,000 gallons)
2.20
2.75
(c)South Central Regional
Wastewater Treatment and
Disposal Board (per 1,000
gallons)
9-9$ 1.1917 ~3
1.49
NOTE (1): For those nonresidential/commercial units where water service is not available, and the
user is connected to the sanitary sewer system or sewer service is available, the capacity charge will
be set forth above. The commodity charge shall be based on the average usage for the type of
business or nonresidential use.
(3) Sewerage flow determination. The number of gallons of monthly
sewerage flow for residential and nonresidential/commercial units shall be based upon the water
usage for those units as indicated by a water meter, unless a customer installs at no cost to the City a
separate meter to measure the actual sewerage flow from the subject unit. A separate meter may be
used to measure actual sewerage flow for the calculation of charges only when the location,
installation, and type of meter have been approved by the City Manager or his designee.
(4) When effective. The initial rates for charges shall be effective the
first day of the month following the date when the system is constructed, certified for use by the
consulting engineer, and accepted by the City.
3 ORD. NO. 43-08
Section 2. That all ordinances or parts of ordinances in conflict herewith be, and the
same are hereby repealed.
Section 3. That should any section or provision of this ordinance or any portion
thereof, any paragraph, sentence, or word be declared by a court of competent jurisdiction to be
invalid, such decision shall not affect the validity of the remainder hereof as a whole or part thereof
other than the part declared to be invalid.
Section 4. That this ordinance shall become effective on October 1, 2008.
PASSED AND ADOPTED in regular session on second and final reading on this
16`" day of September, 2008.
Ike
MAYOR
ATTEST:
`~•
City Clerk
First Reading ~ ~ ~~
Second Reading ~ ~~. ~~
ORD. NO. 43-08
MEM4RANDLIM
TO: Mayor and City Commissioners
FROM: David T, Harden, City Manager
DATE: September 11, 2008
SUBJECT: AGENDA ITEM 10.E. -REGULAR COMMiSSiON MEETING OF SEPTEMBER 16, 2008
ORDINANCE NfJ. 43-08 (SEWER)
ITEM BEFORE COMMISSION
This ordinance is before Commission for second reading and public hearing to amend Chapter 53
"Sanitary Sewers" of the Code of Ordinances by modifying Section 53.130, "L7ser Charges; Wholesale
Sewer Rates; Calculation of Sewer Surcharge" to provide far changes in residential and
nonresidential/commercial rates far FY 2009. These new rates go into effect an October ] , 2008.
BACKGROUND
This ordinance proposes a 15°lo increase in capacity and commodity charges. In addition, the ordinance
includes the 21.6°lo rate increase approved by the South Central Regional Wastewater Treatment and
Disposal hoard for their charges. These increases are necessary to pay the cost of eliminating the
discharge of treated sewage into the ocean and fully developing our reclaimed water system. The
resulting rates will also more accurately reflect the cost of providing sewage collection and treatment.
Our consultant has advised us that our water system has actually been subsidizing our sewer system in
prior years. At first reading on September 3, 2008, the Commission passed Ordinance 43-08.
F~.ECOMMENDATION
Recommend approval of Ordinance No. 43-08 on second and final reading.
ORDINANCE N0.43-08
AN ORDINANCE OF THE QTY COR~NIISSION OF TI-~.QTY
OF DELT,AY BEAQ~ FLORIDA, A~NDING CFCAI'TER 53,
"SA,NITARY SEWERS"', OF THE CODE OF ORDINANCES OF
Tl~~ QTY OF DELRAY BEACI~, BY AMENDING SECTION
53.130, "USER QdARGES; WHOLESALE SEWER RATES;
CALCCILATION OF SEWER SLTRCTIARGE", SUBSECTION
53,130(D), TO PROVIDE FOR INCREASED RESIDENTIAL
.AND NONl2ESIDENTIALfCOMIVICERQAL Z~:ATES FOR FY
2009; PROVIDING A GENERAL REPEAZER CLAUSE, A
SAVING CLAUSE, AND p~1 EFFECTIVE DATE.
Wl:-1EREAS, to provide for accurate accounting of services, the City Commission
desires to more accurately reflect the payment for services provided for the rendition of sewer
services an a prorated basis.
NOW, THEREFORE, BE IT ORDAINED BY THE QTY COh~SSION OF
THE QTY OF DELRAY BEAQ-Ii FLORIDA, AS FOLLOWS:
~~ection 1. That Title V, "'Public Works", Chapter 53, "S~anit~ury Sewers", Section
53.130, "User Qtarges; Wholesale Sewer Rates; Calculation of Sewer Surcharge", sulbsection
53.130(D), of the Code of Ordinances of the City of Delray Beach, Florida, is hexeby amended to
read as follows:
(D) The following rates and cha~^ges shall be collected from. the users of the City
sewerage system:
(1) Residential dwelling units. A .monthly sanitt~xy sewer service
c7harge is irrrposed upon each residential. dwelling unit, as more specifically set forth henanafter, to
which s;~nitary sev~Tage service is available through the facilities afforded by the municipally-owed
sewerage system, accor~:ling to the follav+rirtg scho~ule:
Residential Inside City Outside City
(a} Capaclty Cl'ti~]e ('
residential C~1~L'llil-~g
LIl1It}:
18.04 ~9:~ 22.55
(b} Camrnodity clkua~ge
(based an n~etexed
water with maxinnum
of 12,000 ~llans}:
2.20 ~ 2.75
(c) Sauth Central.
Regional Wastewater
Treatrr~r-t and
Disposal Board (per
1,000 gallons}
1.1917 ~: 1.49
NOTES: Where na water st~rvice is pravic~d and the tier is connected to tl~e ~~ sewer
system, the commodity clh;~ge s]f~all be based on the ma~amum of 12,000 gallons. 'I'bis is in addition
to the capacitycf~a~rges as set forth above.
Where no water service is provided and the user is not connected to the sanitary
sewer system, and sewer st~vice is available for connection, there will be a capacity cJf~a~ge as set
forth above.
(2} Nonresidential jcomrnercial units. A rrbonthly sanitary sewer service charge is
imposed upon each comrxrercial and nonresidential twit to which sanitary sewage service is available
through the facilities afforded by the mtmicipally--owned sewerage system, according to the
following schedule:
t~RD, NO, 43-08
Nonresidential jCammercial Inside City Outside City
{a) C'apacitY charge {per n-~ter}:
314-utc1~ meter ~~; 18.04 ~9~ 22.55
1-inch meter ~~;~ 30.10 ~~~ 37.62
1-1 /2 inch meter ~~~ 59.95 ~~ 74.94
2-inch rr~ter ~~:~ 95.97 ~4~ 119.96
3-inch rr~ter ~~? 210.14 2~~ 262.67
4-inch rr~ter ~8 3?8.12 489 472.65
6-i7ich meter 730: $~35 ~~~ 1050.44
8-inch nester ~~:~ 1445,74 4~6'~ 1802.18
10-ir-ch meter ~-~;~-5:84 2282.80 ~4~~~ 2853.50
{b) Commodity charge:
City per 1,000 gallons}
~~ 2.20 ~9
2.~5
{c)South Central.. Regional
Wastewater Treatment and
Disposal Board {per 1,000
l~o~)
9:9$ 1,1917
1.49
NOTE (1}: Far those nonresidential/corntr~xcial units where water service is not avai]able, and the
user is connected to the sanitary sewer system or sewer service is available, the capacity clhazge will
be set forth above. The commodity charge shall. be ba`~ed on the average usage far the type of
business or nonresidential use.
(3) Sewerage flow deternroination. The number of gallons of monthly
sewerage flow for residential and nonresidential/cornmerc7al units shall be ba<~ed upon the water
usage for those units as indicated by a water meter, unless a customer instr~.ls at no cost to the City a
separate meter to measure the actual sewerage flow from. the subject unit. A separate meter maybe
used to measure actual sewerage flow for the calculation of only cn~hen the location
installation, and type of meter have been approved by the City l~!~unager or his designee.
{4} When effective. The initial rates for clges shall. be effective the
first clay of the month foIlav~~ing the date when the system is constructed, certified for use by the
consulting engineer, and accepted by the City
ors. pro. 4~-~s
Section 2. That all ordinances or parts of aidinances in conflict herewith be, and the
same are hereby r~>pealed
Section 3, That should any section or provision of this ordinance or any portion
thereof, any paragraph, sentence, or ~wrd be declared by a court of con~etent jurisdiction to be
invalid, such deasion shall. not affect the validity of the remainc~r ~f as a whale or part thereof
other tl pan tlhe part de;,lat~~d to be invalid.
Section 4. That this or~~inance shall beean~ effective on October 2, 2~8.
Pfi~SSED A.~ND ADOPTED in rf~gular session on second and final r~~~cling an this
16`~ day of S~~pteniber, ~tl(}8.
MAYOR
ATTEST.
City Clerk
First Re;~ing
Second Re~~ing
c~~. No. ~-os
www.bocanews.cam • Boca Ratonfflelray Beach (News -Friday & Saturday, September 5-6, 2008
~.?r~ :~ d
~~
aN~auac~e~~rs
OFTY OF DELRAY BEACN,Pt.0R10A
NOTICE OF PUBLtO HEAR_ iNG
A PUBLIC NEARING will ha heM an
the Ialiowing proposed ordinances at
;7:99'p.m. an TUESDAY, SEP TEM.
RER is, 2D08 iw al any continuaVpn
of surn meeting whisri is set try the
CommiSSion), in the City Gdtrttnissimf
Cltamhers, i00 N.W. Tsf Avorme, Del-
ray Beach, Fmrida, ai wlxct+ time the
City Commission wiA consider ihttlr
adoption. The proposed ordnances
may ~ hunted at me {Ithr~ of ate
City Clerk a( City Hall, iDp N;W. 1St
AvaMra, Delray Reach, Fbrida, be-'
hvaen tlIa hours of 8.>a0 a.m. and S DD
p.m„ MandaY through Friday, oxcept
holidays. A2 Tnierested pa+hes.are io-
viled to ahald and be heard with,re-
sPeol Id the proposed ordina~cs.
ORDINANCE NO.42-08
AN ORDINANCE {~' THE CITY CO~-
M(SSION OF THE CITY OF bELRAY
BEAGN, FLORIDA, AMENDING
CHAPTER 52, 'WATER', OF THE
CODE OF ORDINANCES OF THE
CITY pF DELRAY REACH, BY
AMENDING SECTION S2-3Q,
'WATER RATES', SUBSECTION
52.34{R}, TO PROVIDE FOR CHANG-
ES +N RATES FOR FY 2909; PRO-.
YIDlNG A GENERAL REPEALER
CLAUSE, A SAYING CCAU$E, AND
AN EFFECTIVE DATE.
ORDINANCE NO. d3~08
AN ORDINANCE ~ THE CITY.COM-
MISSION qF THE CITY 6F DELRAY
REACH, FLORIDA, AMENDING
CHAPTER 53. 'SANITARY SEW-
ERS', OF THE CODE OF ORDi-
NANCES OF THE CITY QF DELRAY
BEACH, 8Y AM£NDWG SECTIGiN
53.T39, 'USER CHARGES; WIKYLE-
SALE SEWER RATES; GALCUTA-
TION OF SEWER SURCHARGE',
SUBSECTION 53.130(Dj, TO PRp:
VIDE FOR INCREASED RESlDEN-
TtAL ANO NONRESIDENilALiGOM•
MERGIA! RATES FOR FY 2008;
PROYtONG A GENERAL REPEALER
CLAUSE. A SAVING CLAUSE. AND
AN EFFECTIVE GATE.
ORDNANCE HQ id-fl8
AN ORDINANCE OF THE CITY GOM-
Mt5S1pN OF THE CITY OF pELRAy
BEACH, FLORIDA, AMENDING
GHAPTER'S1, "GARBAGE ANO
TRASH', OF THE CODE OF ORDf-
NANGES OF THE CITY OF DELRAY
BEACH; RY AMENDING SECTION
;51.7D,'AEGULAR CHARGES LEV-
tIED', TO PROVIDE FORlNGREASED
RESIDENTIAL ANO COMMERCIAL
COLLECTIC1h1 SERVICE RATES FOR
FY 2D49; PROVIDING A GENERAL
REPEALER CLAUSE, A SAVING "
CLAUSE- AND AN EFFECTNE
DATE.
ORDINANCE NO. di-0g ,
AN ORDINANCE OF THE CITY COM-
MISS~N OF THE CITY OF DELRAY
;BEACH, FLORIDA, AMENDING
;CHARTER 92,'BOATS~ANb BOAT•
'LNG" OF THE~GODE OF ORDNNANG
ES BY AMENDING SECTION 92,33,
'QOCt(AGE RATES', T6 PAOVIDE,
FOR A CHANGE tN iHE. RATE'
STRUCTURE AND 7NE ADDITION
OF CERTAIN FEES; PROVIDING A
SAYING CLAUSE, A GENERAL RE-
PEALER CLAUSE, AND AN EFFEG-
TNE DATE.
please 6e advised Ih,T it a person ds-
Cides Ie appeal any deci5ztn made by
the G1y Commission with respect (o
any matter consitlerad at these hear
Irp~S- such I~+Spn Ryryy reaed In CnSUte
that a verbatim record inUddes !ha
Ifestimony and evidence upon which
~Ehd~appbai is to be based, The Ci(y
does not prpvidz nor prepare such
rewrd putsuarn a FS. 2as.ato5.
CI7Y OF DEIFAY RF~iCH
Chave4e D. NLMn, CM1iC
City 47atk
Publish; Friday, Septarr+her 5,
Roca RaloNDd(ray Reach News
9A