HomeMy Public PortalAboutORD 94/03ORDINANCE NO. 94/3
AN ORDINANCE OF THE TOWN COMMISSION OF THE TOWN OF GULF STREAM,
PALM BEACH COUNTY, FLORIDA, AMENDING CHAPTER 34 OF THE CODE OF
ORDINANCES RELATING TO UTILITIES, AT SECTION 34-26 SO AS TO PROVIDE AN
AMENDMENT TO THE WATER RATES FOR THE OPERATION OF THE WATER
DISTRIBUTION SYSTEM FOR THE TOWN, PROVIDING FOR SEVERABILITY;
PROVIDING FOR REPEAL OF ORDINANCE IN CONFLICT; PROVIDING FOR
CODIFICATION; PROVIDING AN EFFECTIVE DATE.
WHEREAS, Chapter 34 of the Town Code of Ordinances provides that the Town
Commission may establish reasonable rates to be charged the consumers of the water system
based on the cost of providing water service; and
WHEREAS, a rate study has been conducted on behalf of the Town by Public Resources
Management Group, Inc. (PRMG) who have recommended a change in the rate structure to
promote water conservation as well as an increase to recover the estimated costs in providing
water service; and
WHEREAS, the Town adopted the Utility Budget for the fiscal year ending September
30, 1995 pursuant to Resolution No. 94-13 which recognized an increase in rate revenues to meet
the expenditure requirements of the water system; and
WHEREAS, the Town Commission concurs with such recommendation;
BE IT ORDAINED BY THE TOWN COMMISSION OF THE TOWN OF GULF
STREAM, PALM BEACH COUNTY, FLORIDA, AS FOLLOWS:
Section 1: As used herein, the following terms shall have the following meanings:
(a) "Residential" means an individual dwelling unit designed for more or less
permanent household occupancy which would include individual cooking and bathing
facilities. Examples are a single family home, efficiency apartment unit, cooperative
apartment unit, duplex unit, condominium, and multi -family residential building unit.
(b) "Commercial Service" means a use of land or a building for non-residential
purposes, but shall include a residential use which has identifiable "general service"
characteristics, as the term is used herein, both of which use the same water meter.
(c) "Public Authority" means a land use or a building for governmental purposes
associated with the Town of Gulf Stream or any other public use located within the Town
limits.
(d) "Irrigation Service" means an individually metered water service used exclusively
for lawn sprinkling, irrigation of pervious surfaces, and other related service. Irrigation
service can be utilized by both residential and commercial service customers.
(e) "Equivalent Unit" means a general service use unit which consumes about the same
amount of water as the average residential unit consumes. The equivalent unit(s) shall be
estimated and rounded upward in whole number as determined by the Town Manager or
his/her designee.
(f) "Delinquent Accounts" means any account whose payment has not been received
within sixty (60) days from the mailing date of the bill on such account.
Section 2: Chapter 34, Utilities, of the Code of Ordinances of the Town of Gulf Stream,
Florida, is hereby amended at Article II, Water Service, Section 34-26 to read as
follows:
I
Residential Service:
Individually -Metered Service
Applicability: Water service for all purposes in residential dwelling units
with individual water meters.
Rate per Bi -Monthly Period:
Customer Billing Charge - The customer billing charge shall be
$5.00 per bill rendered.
Base Service Charge - The base service charge shall be $26.00 per
dwelling unit.
Gallonage Rate - The rate for each one thousand (1,000) gallons or
fraction thereof for all quantities of water passed through the
customer's service meter shall be determined in accordance with the
following schedule:
Serviceable Lot
Residential
Size Parameter
Service Category
Rate per 11000 gallons
Third
per metered
Block
consumption
Block
0 - 16,000 sq. R
1
16,001-19,000 sq. R
2
19,001- 23,000 sq. R
3
23,001 - 28,000 sq. R
4
28,001- 34,000 sq. R
5
34,001 - 40,000 sq.1
6
40,001 - 50,000 sq. 1
7
50,001 - 60,000 sq.1
8
60,001 - 70,000 sq. a.
9
For individually metered lot sizes above 70,000 square feet, the
consumption blocks will be determined individually by the Town on
a basis consistent with the rate structure for other individually
metered residential customers where a site by site analysis will be
performed by the Town to determine the estimated irrigated area
such that the usage blocks will be determined as follows:
i) The first block will be equal to the other residential service
categories and will encompass the first 20,000 gallons of
metered water consumption;
ii) the second block equal to approximately 1 -inch of irrigation
applied to the irrigated area;
iii) the third block equal to approximately 0.25 inches of
irrigation applied to the irrigated area, and
iv) the fourth block in excess of the sum of the previous blocks.
The rates applied to the determined consumption will be the same
rate as charged to other customers within this class for each
respective consumption block.
2
Gallons Metered per Consumption Block
First
Second
Third
Fourth
Block
Block
Block
Block
$1.70
$1.90
52.65
$4.65
0 to 20,000
20,001 to 80,000
80,001 to 100,000
Above 100,000
0 to 20,000
20,001 to 96,000
96,001 to 120,000
Above 120,000
0 to 20,000
20,001 to 112,000
112,001 to 136,000
Above 136,000
0 to 20,000
20,001 to 140,000
140,001 to 170,000
Above 170,000
0 to 20,000
20,001 to 164,000
164,001 to 200,000
Above 200,000
0 to 20,000
20,001 to 198,000
198,001 to 243,000
Above 243,000
0 to 20,000
20,001 to 244,000
244,001 to 300,000
Above 300,000
0 to 20,000
20,001 to 300,000
300,001 to 370,000
Above 370,000
0 to 20,000
20,001 to 350,000
350,001 to 433,000
Above 433,000
For individually metered lot sizes above 70,000 square feet, the
consumption blocks will be determined individually by the Town on
a basis consistent with the rate structure for other individually
metered residential customers where a site by site analysis will be
performed by the Town to determine the estimated irrigated area
such that the usage blocks will be determined as follows:
i) The first block will be equal to the other residential service
categories and will encompass the first 20,000 gallons of
metered water consumption;
ii) the second block equal to approximately 1 -inch of irrigation
applied to the irrigated area;
iii) the third block equal to approximately 0.25 inches of
irrigation applied to the irrigated area, and
iv) the fourth block in excess of the sum of the previous blocks.
The rates applied to the determined consumption will be the same
rate as charged to other customers within this class for each
respective consumption block.
2
Master Metered Service
Applicability: For water service for all purposes in residential dwelling
units which one single meter serves more than one principal residential
dwelling unit.
Rate per Bi -Monthly Period:
Customer Billing Charge - The customer billing charge shall be
$5.00 per bill rendered.
Base Service Charge - The base service charge shall be $26.00 per
each individual dwelling unit served by the single meter.
Gallonage Rate - The rate of $1.90 for each one thousand (1,000)
gallons or fraction thereof for all quantities of water passed through
the customer's service meter shall be charged.
Commercial and Public Authority Service:
Applicability: Water service for all purposes considered as non-residential, not
including water service associated with individually metered irrigation service.
Rate per Bi -Monthly Billing Period:
Customer Billing Charge - The customer billing charge shall be $5.00 per
bill rendered.
Base Service Charge - The base service charge shall be determined by the
meter size serving each customer according to the following schedule:
Gallonage Rate - The rate of $1.90 for each one thousand (1,000) gallons
or fraction thereof for all quantities of water passed through the customer's
service meter shall be charged.
Irrigation Service:
Applicability: For all individually metered water service used exclusively by
residential and non-residential accounts for lawn sprinkling, irrigation of pervious
surfaces and other related service.
Single Family Residential Service
Rate per Bi -Monthly Billing Period:
Customer Billing Charge - The customer billing charge shall be
$5.00 per bill rendered.
Base Service Charge - There shall be no base service charge
imposed per dwelling unit in accordance with this schedule where a
7
Bi -Monthly Base
Meter Size
Service Charge
5/8 and 3/4 inch
$ 26.00
finch
65.00
1-1/2 inch
130.00
2 inch
208.00
3 inch
416.00
4 inch
650.00
Gallonage Rate - The rate of $1.90 for each one thousand (1,000) gallons
or fraction thereof for all quantities of water passed through the customer's
service meter shall be charged.
Irrigation Service:
Applicability: For all individually metered water service used exclusively by
residential and non-residential accounts for lawn sprinkling, irrigation of pervious
surfaces and other related service.
Single Family Residential Service
Rate per Bi -Monthly Billing Period:
Customer Billing Charge - The customer billing charge shall be
$5.00 per bill rendered.
Base Service Charge - There shall be no base service charge
imposed per dwelling unit in accordance with this schedule where a
7
water meter for non -irrigation purposes is located at the same
service address. A base service charge of $26.00 per account shall
be charged for all other accounts.
Gallonage Rate - The rate for each one thousand (1,000) gallons or
fraction thereof for all quantities of water passed through the
customer's service meter shall be determined in accordance with the
following schedule:
Serviceable Lot
Residential
First
Second
'Mird
Size Parameter
Service Category
Block
Block
Block
Rate per 1,000 gallons
M metered
consumption
$1.90
52.65
$4.65
0 -16,000 sq. ft
1
0 to 80,000
80,001 to 100,000
Above 100,000
16,001 - 19,000 sq. &
2
0 to 96,000
96,001 to 120,000
Above 120,000
19,001 - 23,000 sq. R
3
0 to 112,000
112,001 to 136,000
Above 136,000
23,001- 28,000 sq. ft
4
0 to 140,000
140,001 to 170,000
Above 170,000
28,001 - 34,000 sq. ft
5
0 to 164,000
164,001 to 200,000
Above 200,000
34,001 - 40,000 sq. IL
6
0 to 198,000
198,001 to 243,000
Above 243,000
40,001 - 50,000 sq. R.
7
0 to 244,000
244,001 to 300,000
Above 300,000
50,001 - 60,000 sq. A
8
0 to 300,000
300,001 to 370,000
Above 370,000
60,001 - 70,000 sq. &
9
0 to 350,000
350,001 to 433,000
Above 433,000
For serviceable lot sizes above 70,000 square feet, the consumption
blocks will be determined individually by the Town on a basis
consistent with the rate structure for other individually metered
residential customers where a site by site analysis will be performed
by the Town to determine the estimated irrigated area such that the
usage blocks will be determined as follows:
i) The first block equal to approximately 1 -inch of irrigation
applied to the irrigated area;
ii) the second block equal to approximately 0.25 inches of
irrigation applied to the irrigated area; and
iii) the third block in excess of the sum of the previous blocks.
The rates applied to the determined consumption will be the same
rate as charged to other customers within this class for each
respective consumption block.
Minimum Bill: In all instances, the sum of the Customer Billing Charge
and the Base Service Charge as determined in accordance with this section
will be the minimum bill for water services.
Commercial, Public Authority, Multi -family Service:
Rate per Bi -Monthly Billing Period:
Customer Billing Charge - The customer billing charge shall be $5.00 per
bill rendered.
Base Service Charge - The base service charge shall be determined by
meter size serving each customer according to the following schedule:
4
Gallonage Rate - The rate of $1.90 for each one thousand (1,000) gallons
or fraction thereof for all quantities of water passed through the customer's
service meter shall be charged.
Section 3: Bulk Water Adiustment Clause.
(a) The bulk water adjustment clause is applicable to and becomes part of the bi-
monthly rate schedule as described in Section 2 and is applicable to all metered water
sales.
(b) The bi-monthly bill computed under this appropriate rate schedule will reflect an
adjustment to the gallonage rate which shall be increased or decreased by an amount equal
to the result of multiplying the water metered at the customer's premise by the bulk water
adjustment clause (BWAC) factor, determined as follows:
BWAC= [PW — 1.65491 x 1
WS 1—T
Where:
1. BWAC = Estimated bulk water adjustment clause factor in
dollars per one thousand (1,000) gallons of metered
water billed to the customer rounded to the nearest
cent applicable to bills rendered during the current
billing period. The billing period is each bi-monthly
billing cycle during the twelve consecutive month
period of October 1 through September 30.
2. PW = Total estimated cost of purchased water from the
City of Delray Beach for the current billing period
plus an amount to correct for the over -recovery or
under -recovery of the cost of purchased water from
any prior periods, as determined by the Town
Manager or his designee.
3. WS = Total estimated metered water sales for the billing
period consistent with the determination of PW.
4. T = Transfer to the General Fund of 0.04 percent (4%)
to reflect a payment -in -lieu -of tax policy calculated
on the basis of sales revenues.
(c) The bulk water adjustment clause factor will be determined annually during the
budgetary process and become effective on or about October 1 of each fiscal year. Since
the determination of any over -recovery or under -recovery of actual purchased water costs
cannot be determined until after October 1, due to the lag in receipt of accounting and
statistical information; any adjustment to the cost of purchased water associated with this
cost determination will be determined prior to the first billing cycle subsequent to October
1 and will be assumed to become effective October 1 of each fiscal year.
E
Bi -Monthly Base
Meter Size
Service Charge
5/8 and 3/4 inch
$ 26.00
1 inch
65.00
1-1/2 inch
130.00
2 inch
208.00
3 inch
416.00
4 inch
650.00
Gallonage Rate - The rate of $1.90 for each one thousand (1,000) gallons
or fraction thereof for all quantities of water passed through the customer's
service meter shall be charged.
Section 3: Bulk Water Adiustment Clause.
(a) The bulk water adjustment clause is applicable to and becomes part of the bi-
monthly rate schedule as described in Section 2 and is applicable to all metered water
sales.
(b) The bi-monthly bill computed under this appropriate rate schedule will reflect an
adjustment to the gallonage rate which shall be increased or decreased by an amount equal
to the result of multiplying the water metered at the customer's premise by the bulk water
adjustment clause (BWAC) factor, determined as follows:
BWAC= [PW — 1.65491 x 1
WS 1—T
Where:
1. BWAC = Estimated bulk water adjustment clause factor in
dollars per one thousand (1,000) gallons of metered
water billed to the customer rounded to the nearest
cent applicable to bills rendered during the current
billing period. The billing period is each bi-monthly
billing cycle during the twelve consecutive month
period of October 1 through September 30.
2. PW = Total estimated cost of purchased water from the
City of Delray Beach for the current billing period
plus an amount to correct for the over -recovery or
under -recovery of the cost of purchased water from
any prior periods, as determined by the Town
Manager or his designee.
3. WS = Total estimated metered water sales for the billing
period consistent with the determination of PW.
4. T = Transfer to the General Fund of 0.04 percent (4%)
to reflect a payment -in -lieu -of tax policy calculated
on the basis of sales revenues.
(c) The bulk water adjustment clause factor will be determined annually during the
budgetary process and become effective on or about October 1 of each fiscal year. Since
the determination of any over -recovery or under -recovery of actual purchased water costs
cannot be determined until after October 1, due to the lag in receipt of accounting and
statistical information; any adjustment to the cost of purchased water associated with this
cost determination will be determined prior to the first billing cycle subsequent to October
1 and will be assumed to become effective October 1 of each fiscal year.
E
(d) If significant circumstances arise which warrant a change to the bulk water
adjustment clause factor, then the factor may be modified during the current billing period
if approved by the Town Commission.
Section 4: Mandatory Water Restriction Surcharge.
In the event that the South Florida Water Management District, or the City of
Delray Beach, or other authority having jurisdiction declares a water shortage
requiring mandatory water use restrictions or curtailment, the water usage charge
listed in Section 2 above will be increased by a surcharge as appropriate based
upon the recommendation of the Town Manager of the Town of Gulf Stream as to
the revenue required to meet the expenditure requirements of the water system.
The application of the mandatory water restriction surcharge will require Town
Commission approval prior to becoming effective.
Section 5: Water System Capital Connection Charges,• Adoption• and Time of Payment.
(1) Definition. System Capital Connection Charges shall mean all non-
refundable capital or capacity charges and other similar fees and charges separately
imposed by the Town of Gulf Stream as a nonuser capital charge for the proportionate
share of the cost of expanding, over -sizing, separating or construction of improvements to
the water system.
(2) Applicability. System Capital Connection Charges shall be applicable at the
institution of water service for either a new use of land or a new building, including a new
addition to an existing building, on property not owned by the Town of Gulf Stream. A
building renovation shall not be deemed a "new building" as used herein unless a larger
water meter is installed to increase the capacity of the existing water service. No charges
shall be assessed for a building addition or renovation, or a replacement of a building
within twelve (12) months of its demolition with a new building, unless a larger water
meter is installed. In such event, only the difference in charge between the two meter sizes
shall be assessed for the water system capacity charges. The system connection charges
set forth herein shall be paid by those new customers who (a) connect to said Water
System, (b) request service from the Town of Gulf Stream, or (c) request an increase in
water service capacity.
(3) Adoption. The Town of Gulf Stream adopts and establishes pursuant to
general law, a water system capital connection charge, the purpose of which will be to
finance capital expenditures and the payment of Town of Gulf Stream indebtedness
associated with the expansion of the Town's water transmission and distribution system.
The system capital connection charges shall be determined based on the following
schedule:
(4) Time of Payment. All water system capital connection charges shall be
paid prior to connection of a structure or structures to be served by the Town of Gulf
Equivalent
Capital
Customer Classification
Residential Factor
Connection Charge
Single Family Residential
1.0
$530.00
Multi -Family Residential (per unit)
1.0
530.00
Commercial, Irrigation, and Public
Authority
Meter Size: 5/8" and 3/4"
1.0
$530.00
1"
2.5
1,325.00
1-1/2"
5.0
2,650.00
2"
8.0
4,240.00
3"
16.0
8,480.00
4"
25.0
13,250.00
(4) Time of Payment. All water system capital connection charges shall be
paid prior to connection of a structure or structures to be served by the Town of Gulf
Stream, or such other time as may be specifically provided by Town resolution, ordinance,
agreement, or permit; provided, however, that the Town may permit installment payments
of any water system connection charges upon such terms and conditions as the Town
Commission deems appropriate.
Section 6: Returned Check Charge.
There shall be a charge for each check returned to the Town for any reason. This
fee shall be twenty dollars ($20.00) for each returned check received by the Town.
Section 7: Late Payment Fee.
Late Payment Fees shall be charged and imposed on those accounts which are
delinquent in the payment of their bi-monthly utility bill. The late payment fee shall
be applied bi-monthly and shall amount to $10.00.
Section 8: Field Visit Charge.
The Town shall charge a fee to each customer which requests a service to be
performed by the Town at the customer's premises for the water system. The
services to be performed for customer shall include, but not be limited to,
individual turn -on and turn-off of service on a temporary or seasonal basis;
location of a water service line; special read of a meter due to a customer request,
including an obstruction by customer; meter re -read and customer facility
inspection for non -construction related activities. The fee charged for each
occurrence for a field visit to the customer's premises shall be $15.00 and shall be
billed by the Town on the first bill subsequent to the field visit.
Upon request from the customer, the Town shall re -read the customer's meter to
determine if the billed reading was accurate. There shall be no charge for re-
reading meters that are found to be inaccurate.
If the meter was found to be accurate, the customer shall not be charged for the
visit. If the customer requests any subsequent re -reads within a twelve (12)
consecutive month period from the previous request and if the meter is found again
to be accurate, the customer shall pay a field visit charge of fifteen dollars ($15.00)
for each subsequent visit.
Section 9: Water Service Initiation and Discontinuation Charges.
There shall be a fee charged to each applicant which requests the initiation of
water service account from the Town at an existing location. This charge is to
provide for the establishment of the customer service account and is in addition to
other charges required to be paid to provide service as referenced in this
Ordinance. The fee charged for the initiation of a water service account shall be
$30.00 and shall be billed by the Town on the first bill issued subsequent to the
initiation of the water service account. No fee will be billed by the Town related to
the finalization of an existing account pursuant to a request of the customer.
Section 10: Water Service Installation Charges.
(1) There shall be a charge to each applicant for connecting to the water
system (tap) and the installation of a water meter. The installation charges shall be in
addition to the system connection charges and the established monthly charges for service.
(2) Service charges for connection will be based on the actual cost of
materials, labor, and overhead. The applicant requesting the installation and connection
shall pay the charge prior to the initiation of water service or as a component of the first
bi-monthly bill for service.
VA
Section 11:
Section 12:
Severability.
If any provision of this Ordinance or the application thereof is held invalid, such
invalidity shall not affect the other provisions or applications of this Ordinance
which can be given effect without the invalid provisions or applications, and to this
end the provisions of this Ordinance are hereby declared severable.
Repeal of Ordinances in Conflict.
All other ordinances of the Town of Gulf Stream, Florida, or parts thereof which
conflict with this or any part of this Ordinance are hereby repealed.
Section 13: Codification.
This Ordinance shall be codified and made a part of the official Code of
Ordinances of the Town of Gulf Stream.
Section 14: Effective Date.
This Ordinance shall be implemented immediately and is expressly made
retroactive and effective as of October 1, 1994 and shall govern all pertinent
charges incurred on such date and thereafter.
PASSED AND ADOPTED in a regular, adjourned session on first reading this 14th day
of October, 1994, for a second and final reading on this 18th day of November, 1994.
ATTEST:
OWN CLERK
8