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35-97 ORDINANCE NO. 35-97 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 1997/98; 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) Customer charge $ ~/~ 1.61 $ ~/9~ 2.01 (b) Capacity charge (per residential dwelling unit) 9/~ 9.65 ~/~ 12.06 (c) Commodity charge (based on metered water with maximum of 12,000 gallons): City (per 1,000 gallons) ~/~ 1.17 ~/~ 1.46 South Central Regional Wastewater Treatment and Disposal Board (per 1,000 gallons) /~ 0.70 /9~ 0.88 NOTES: Where no water service is provided and the user is connected to the sanitary sewer system, there shall be a monthly customer charge of $5.00 per residential dwelling unit, and 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 ~o the sanitary sewer system, and sewer service is available for connection, there shall be a monthly customer charge of $5.00 per residential unit and 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: Nonresidential/Co,,,,~rcial Inside City Outside City (a) Customer charge: $ ~/~ 1.61 $ ~/9~ 2.01 (b) Capacity charge (per meter): 3/4-inch meter $ ~ 9.65 $ ~/~ 12.06 1-inch meter ~/~9 16.11 ~9/~ 20.14 1-1/2 inch meter ~/~ 32.11 ~9/~ 40.14 2-inch meter ~/~9 51.40 ~/9~ 64.25 - 2 - Ord. No. 35-97 3-inch meter ~L~ 112.52 ~/~9 140.65 4-inch meter ~/~ 202.47 ~/~ 253.09 6-inch meter ~/~ 449.98 ~/~ 562.48 (c) Commodity charge: City (per 1,000 gallons) ~/~ 1.17 ~/~ 1.46 South Central Regional Wastewater Treatment and Disposal Board (per 1,000 gallons) ~/~ 0.70 ~/9~ 0.88 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 for connection, there shall be a monthly customer charge of $5.00 and a capacity charge as set forth above. The commodity charge shall be based on the average usage for the type of business or nonresidential use. NOTE (2): The customer charges and capacity charges as set forth in this section shall be due and payable each and every month, regardless of whether or not the water service is available or the water meter is actually turned on or off and without regard to usage or occupancy. (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. 35-97 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, 1997. PASSED AND ADOPTED in regular session on second and final reading on this the 23rd day of September , 1997.  City Clerk First Reading g~p~mh~r q;. 1997 Second Reading ~n~mh~r ~: 1997 - 4 - Ord. No. 35-97 MEMORANDUM TO: MAYOR AND CITY COMMISSIONERS FROM: ~CITY MANAGER SUBJECT: AGENDA ITEM #7~ - REGULAR MEETING OF SEPTEMBER 23, 1997 ORDINANCE NO. 35-97 (SEWER RATES) DATE: SEPTEMBER 17, 1997 This is second reading and a public hearing for Ordinance No. 35-97 which amends Chapter 53, "Sanitary Sewers", of the City Code to provide that the sewer rates be adjusted upward by 2% effective October 1, 1997. The rate increase is necessary to fund the water/sewer and capital budgets as presented for FY 1998 and will allow the City to do the following: ** continue our "pay as you go" concept in the water/sewer utility, avoiding costly bond issues for construction projects; ** provide a $2,500,000 renewal and replacement transfer, representing 2.5% of water/sewer assets (not including land), to fund major on-going maintenance programs including inspection and rehabilitation of Intracoastal sewer line crossings, rehabilitation of deteriorated sewer pumping facilities, conversion of "can" stations to low maintenance submersible pump stations, rehabilitation of deteriorated sewer mains (sealing, lining, reconstruction, or replacement), phase II of the Highland Beach force main project, and rehabilitation of the Southeast Interceptor main sewer line; ** provide $765,000 of new capital funds for new sewer lines to Bermuda Gardens Road, installation of lining in existing 24" Intracoastal Waterway crossing, and reconnection of east and west ends to force main manifold to provide auxiliary raw sewage crossing line; and ** provide for a self-supporting operating budget with $0 coming from prior year surplus which is important for our bond credit ratings and financial stability. At first reading on September 9, 1997, the Commission passed the ordinance by unanimous vote. Recommend approval of Ordinance No. 35-97 on second and final reading. ref: agmemol5 To: David T. Harden, City Manager From: Joseph M. Saff~ Director Date: September 5, 1997 Subject: Sewer Rate Increase Effecedve October 1, 1997 The Finance Department requests that the sewer rates of the City be adjusted by 2% effective October l, 1997 in order to fund the water/sewer operating and capital budgets as presented. The rate increase will allow the City: · to continue our "pay as you go" concept in the water/sewer utility avoiding costly bond issues for construction projects · to provide a $2,500,000 renewal & replacement transfer, representing 2.5% of water/sewer assets (not including land), to fund major on-going maintenance programs including inspection and rehabilitation of intracoastal sewer line crossings, rehabilitation of deteriorated sewer pumping facilities, conversion of "can" stations to low maintenance submersible pump stations, rehabilitation of deteriorated sewer mains (sealing, lining, reconstruction, or replacement), phase 1/of the Highland Beach force main, rehabilitation of the Southeast Interceptor main sewer line · to provide $765,000 of new capital funds for new sewer lines to Bermuda Gardens Road, installation of lining in existing 24" Intracoastal Waterway crossing and reconnection of east and west ends to force main manifol~to provide auxiliary raw sewage crossing line · to provide for a self-supporting operating budget with $0 coming from prior year surplus which is important for our bond credit ratings and financial stability The ordinance has been prepared and is hereby submitted for your submission to the City Commission. ' ~Z~Z~6~' irrigation:.~ (B) ~ulti~family, nonresidential,~ and 1 ;~/~ ~00 00 / g~/;~ ~25.00.~/ '- 3 X~l~ 20o 00 1~;1~ 250.00~.~.~ 4 ll~1~ 275 oo l~111~ 343.75 6 ~Z~I~S 475 oo ~ZX/Z~ 593.75 8 6l~/~ 675.00 1~111~ 843.75 Section 5. That Section 52.34~ "Water Rates", of. ~he Code 'of Ordinances of the Ckty of Delray ~each, Florida, is hereby amended to read as follows: (A) For the purpose of this section the following definitions shall apply unless the context clearly indicates or requires a different meaning. (1) "CAPACITY CHARGE." The charges calculated to cover costs incurred to have the system available and in good operating condition without regard to-use, which shall include, but not be limited to, costs of minimum personnel, capital outlay, debt service, insurance, transfers, reserve requirements, and debt service coverage. (2) "COMMODITY CHARGE." The charges calculated to cover the' costs which vary with the level of service provided, the amount of water produced or sewage processed, which shall include, but not be limited to, costs of personnel to operate the system, electricity, repairs, and maintenance, and operating supplies. (3) "CUSTOMER CHARGE." The charges calculated to cover the costs incdrred in the billing system, which shall include, but not be limited to, costs of meter reading, recording, data processing, billing, and collecting. (4) "RESIDENTIAL DWELLING UNIT." connected together, constituting a separate, independent housekeeping establishment and ~hysically separated from any other dwelling unit which may .be in the same structure, and which contains independent sanitation, living, cooking and sleepin~ facilities. ORD. NO. 55-93 Sewer Ordinance Section 1. That Chapter 53, "Sanitary Sewer", Section 53.130, "User Charges; Wholesale Sewer Rates; Calculation of Sewer Surcharge", Subsectioon (D) is hereby amended to read as follows; (D) The following rates and charges shall becollected 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. Inside City Outside City Residential (a)Customer charge (per meter) ~ 1.61 ~ 2.01 (b) Capacity charge (charged to all ~.46 9.65 ~ 12.06 customers per residential dwelling unit) (c) Commodity charge (based on metered water with maximum of 12,000 gallons):City Per 1,000 gallons) ~ 1.17 ~6 1.46 South Central Regional Wastewater ~ 0.79 ~ 0.99 Treatment and Disposal Board (per 1,000 gallons) Nonresidential/Commercial Customer charge (per meter) ,1T5"8- 1.61 1.07 2.01 Capacity charge (based upon meter size) 3/4-inch meter '9-.'.'.'.'.'.'.'.'.z~ 9.65 ~ 12.06 1-inch meter +5-.-.-.-.-.-.-.-.~ 16.11 .... ,o.,-, 20.14 1-1/2-inch meter ~ 32.11 39.35 40.14 2-inch meter ~ 51.40 6z'2-:9-7 64.25 3-inch meter ~ 112.52 137.89 140.65 4-inch meter 1'98':5'0 202.47 ~48~14 253.09 6-inch meter 441-r'r6 449.98 551-:4-4 562.48 Commodity charge: City(per 1,000 gallons) ~ 1.17 I.-45-- 1,46 South Central Regional ~ 0.79 ~ 0,99 Wastewater Treatment and Disposal Board (per 1,000 gallons) Page 1 (c) Commodity charge (based on metered water with maximum of 12,000 gallons): City (per 1,000 gallons) ~ 1.17 ~/~ 1.46 ~/~.th Central / Regional Wastew~-~r / Treatment and / Disposal Board  (per 1,000 gallons) ~//_~.79 /~ 0.99 NOTES: Wher~~ water service is__~_~and~~/ the user is connected to the sanitary sewer system, there shall be a monthly customer charge of $5.00 per residential dwelling unit, and 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 shall be a monthly customer charge of $5.00 per residential unit and 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: Nonresidential/Commercial Inside City Outside City (a) Customer charge: $ ~/~ 1.61 $ ~/~7 2.01 (b) Capacity charge (per meter): 3/4-inch meter $ ~/~6 9.65 $ ~/~ 12.06 1-inch meter ~/79 16.11 ~/~ 20.i4 1-1/2 inch meter ~/~ 32.11 ~9/~ 40.14 2-inch meter ~/~ 51.40 6Z/~ 64.25 - 2 - Ord. No. 35-97 ORDINANCE NO. 35-97 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 1997/98; 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) Customer charge $ ~/~ 1.61 $ ~/~ 2.01 (b) Capacity charge (per residential dwelling unit) 97~6 9.65 ~/~ 22.06 (c) Commodity charge (based on metered water with maximum of 12,000 gallons): City (per 1,000 gallons) ~/~ 1.17 ~/~ 1.46 South Central Regional Wastewater Treatment and Disposal Board 0.~ (per 1,000 gallons) NOTES: Where no water service is provided and the user is connected to the sanitary sewer system, there shall be a monthly customer charge of $5.00 per residential dwelling unit, and 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 shall be a monthly customer charge of $5.00 per residential unit and a capacity charge as set forth above. (2) Nonresidential/co,m,ercial 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: Nonresidential/Co,..ercial Inside City Outside City (a) Customer charge: $ ~/~ 1.61 $ ~/9~ 2.01 (b) Capacity charge (per meter): 3/4-inch meter $ 9J~ 9.65 $ ~/~ 12.06 1-inch meter ~J~9 16.11 ~9/~ 20.14 1-1/2 inch meter ~/~ 32.11 ~9/~ 40.14 2-inch meter ~/~9 51.40 ~/9~ 64.25 - 2 - Ord. No. 35-97 3-inch meter ~/~ 112.52 ~L~ 140.65 4-inch meter ~9~L~ 202.47 ~L~ 253.09 6-inch meter ~/~ 449.98 ~/~ 562.48 (c) Commodity charge: City (per 1,000 gallons) ~/~ 1.17 ~/~ 1.46 South Central Regional Wastewater Treatment and Disposal Board (per 1,000 gallons) 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 for connection, there shall be a monthly customer charge of $5.00 and a capacity charge as set forth above. The commodity charge shall be based on the average usage for the type of business or nonresidential use. NOTE (2): The customer charges and capacity charges as set forth in this section shall be due and payable each and every month, regardless of whether or not the water service is available or the water meter is actually turned on or off and without regard to usage or occupancy. (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. 35-97 ~), 6' k ~ ~ ~ ~ ~ 8 N ~ ~ ~ lESl~ig) ~ISTRI~ IN THE ~k~m. CF (~UNI~ FACILITIES) DID ~~ ED A~E, APP~I~TELY ~ ~E ~ THE CI~ C~ ~ ~TH ~ ~W. ~D ~REET, ~, F~I~ ~EN~ SEC- ~D ~IN; ~NDING T~ 4.~g, ~IXED IN~5TRIAL ~I~ ~P ~ ~LRAY BEACH, ~ C~RCI~ (~lC) DID ~1~ ~; P~IDI~ A ~, ~ THE ~ND ~VELO~. ~NE~L RE~ER C~USE, A ~ REGU~TI~S ~ ~E CITY ~VI~ C~, ~D AN EFFE¢. ~ ~D INTEN~, TO C~R- ~ THE I~E~D ~L ~ THE ~ICT; ~NDING SUBSEC* T~ ~), ~INCIP~ USES MI~ ~ ~E CI~ ~ ~L~Y ~T~AL USES AND STRUC* ~ ~E~T~, ~ THE CO~ ~ES ~, TO ~IFY ~ ~ ~ THE CITY OF ~ ~L~ABLE USES WITHIN ~L~Y ~, BY ~ENDING ~ ~IXED /~ST~IAL AND ~ MI.~ ~FINITI~, TO ~E~CIAL DISTRICT; PROVlD -~1~ ~ ~ I~US~ OF I~ A GENERAL REPEALER ~D ~R~ GENER* ~U~, A ~VING C~USE, AND ~Y ~TED ~ ~ ~EACH ~ EFFECTIVE DATE. ~ ~ ~E FULLY DE- ~~ ~D HEREIN, ~ PART OF ~ MUNICIP~ B~H; PROVID ~ ~CE ~ THE Ci~ ~ ~ ~ THE CI~ ~ ~LRAY ~ RE~ER C~U~, AND AN ~N, FLOR;~, ~NDING EFFE~]~ ~ER ~ ~ATER', OF THE ~ ~ ~DINANCES ~ THE CI~ ~ ~LRAY BEACH, BY ~NDtNG $E~ION 9~, ~ATER ~T~, SUBSECTI~ ~.~ (B), TO ~ ~ THE CI~ ~ DELRAY ~1~ FOR I~ED RESI. ~H, F~I~, ~NDING ~IAL, ~RESI~NTI~ AND · ~I~Ti~ RATES FOR FY ~1 CI~ AND BENEFITS', ~iR~NT ~, ~ THE ~ ~IDI~ A GENERAL ~R C~USE, A ~Vl~ ~ ~ ~DI~NCES OF THE ~, AND AN EFFECTIVE CI~ ~ ~L~Y B~CH, FLORI- ~TE. ~IR~NT I~: BASIS, I~ SUB~ECTION iA) ~ ~ID ~EC. ~ ~DI~E OF THE CI~ C~- T~, ~L RETIR~ENT IN- ~ OF THE CiTY OF ~LRAY ~, ~ ~IDE THAT THE ~. FLORIDA, ~ENDING ~L F~ ~ BENEFIT FOR C~ER g, ~NITARY SEWERS', PARTICIPANTS ~ ARE gOT ~ T~E C~ ~ ~D~NANCES OF ~IED AT THE T~E ~ ~E. THE CI~ ~ ~LRAY BEACH, ~Y ~R~NT ~ND~NG SECTI~ g.l~, ~SER ~RGES; WH~ESALE SEWER (C) ~ ~ID ~CTI~, ~I~ILITY ~TES. ~CU~TION OF SEWER ~IR~NT ~D R~IR~NT ~RG~ SUBSECTI~ g.l~ (D}, TO ~VI~ FOR INCR~ED ~ITATI~S ~ DI~BILI~ BEN- ~I~TI~ AND ~RESIDEN- ~1~; ~ENDI~ ~CTI~ TI~ I C~ERCIAL RA~S FOR {J) ~ ~: PROVIDING A GENER. ~1~, TO ~FO~ TO RE- ~ ~E~LER C~SE, A ~V~NG ~ C~ES J~ FE~L ~U~ ~O ~ EFFECTIVE ~; ~NDI~ ~CTI~ ~TE. ~TAL R~IR~NT ~ AND ~I~I~M BENE* ~~ FI~, TO ~RIFY THE MINIMUM ~MEFIT PAYABLE ~ MULTIPLE ~ ~DINANCE OF THE CITY C~ ~NEFICIARIE$ ~ A PARTICI. MI~I~ ~ THE Ci~ OF DELRAY P~T; ~lOi~ A ~VINGS ~H, FLORIDA, ~ENDING ~E; ~IDI~ AN EFFEC* ~PTER ~, ~RIAGE AND TI~ ~TE. ~ES OF THE CiTY OF DELRAY ~ ~GU~R C~RGES LEV- I~, TO PR~IDE F~ IN- ~ ~ ~ ~ mis ~i~, ~ED RESI~NTIAL SERVICE, ~T~MILY AND ~RClAL ~ ~RVICE RATES FOR FY ~; PR~IDING A GENER- ~ RE~ER C~USE, A ~VING ~E. AND AN EFFECTWE F~. J~ ~ THE CI~ ~ ~L~Y ~ FL~I~ ~NDING ~ER · ~TiL?TIES GENE~L- LY; ~ILIC ~RVBCE T~, SUB. ~ CI~ ~ ~L~Y B~H, BY ~DI~ ~ Jl~ ~EVY ~ T~, TO I~R~ ~E UTILt. ~ T~ F~ THE ~R~ ~ ~ THE CI~ ~IFI. ~ REaR ~USE, A ~ ~U~, ~D AR EFFEC. ~ ~DI~NCE ~ ~E CI~ ~ M~ ~ THE CI~ ~ ~H, F~RI~, R~IK AND ~IH ~ND ~E~NTLY