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85-GGA RESOLULTION OF THE CITY O0UNCIL OF THE CI'IY OF BOYNTON BEACH, FLORIDA, ESTABLISHING USER (/tARGES IN BOYNTON BEACH TO PROVIDE FUNDS NE~RDED TO PAY FOR OPERATION AND MAINTENANCE EXPENSES ASSOCIATED WITH BOYNTON BEACH"S WASTt~I~TER TREATMENT WORKS; PROVIDING AND EFFSL-TIVE DATE; AND FOR OTHER PURPOSES. WHEREAS, the City of Boynton Beach, Florida, has constructed wastewater treatment works; and WHEREAS, it is the City's intent to establish proportionate user charges t_hat places the costs of abatement directly on the sources of pollution, conserves potable water, and maintains financial self-sufficiency; and WHEREAS, the City must pay the operation and maintenance expenses associated with the said treatment works and charge the users of said treatment works accordingly. NOW, THEREFORE, BE IT RESOLVED BY THE City Council, of the City of Boynton Beach, Florida, that the following user charges are established. ARTICLE I. It is determined and declared to be necessary and conducive to the protection of the public health, safety, welfare and convenience of the City of Boynton Beach to collect charges frcm all users who contribute wastewater to the City's treatment works. The proceeds of such charges so derived will be used for the purpose of operating and maintaining the public wastewater treatment works. ARTICLE II. Unless the context specifically indicates other- wise, the meaning of terms used in this ordinance shall be as follows: Section 1. "BOD" (denoting Biochemical Oxygen Demand) shall mean the quantity of oxygen utilized in the biochemical oxidation or organic matter under standard laboratory procedure in five (5) days at 20°C, expressed in milligrams per liter (mg/1). Section 2. "Normal Dcmestic Wastewater" shall mean wastewater that has a BOD concentration of not more than 300 mg/and a suspended solids concentration of not more than 300 mg/1. Section 3. "Operation and Maintenance" shall mean those functions that result in expenditures during the useful life of the treatment works for materials, labor, utilities and other items which are necessary for managing and which such works were designed and constructed. The term "operation and maintenance" includes replace- ment as defined in Section 4. Section 4. "Replacement" shall mean expenditures for obtaining and installing equipment, accessories or appurtenances which are necessary during the useful life of the treatment works to main- tain the capacity and performance for which such works were designed and constructed. Section 5. "Residential User" shall mean any contributor to the City's treatment works whose lot, parcel or real estate, or building is used for dcmestic dwelling purposes only. Section 6. "C(m~ercial User" shall mean all retail stores, restaurants, office buildings, laundries, and other private business and service establishments. Section 7. "Industrial User" shall include any non- governmental, non-residential user of publicly owned treatment works which is identified in the Standard Industrial Classification Manual, 1972, office of Managsment and Budget, as amended and supplemented, under the following divisions; Division A - Agriculture, Forestry, and Fishing; Division B - Mining; Division D - Manufacturing; Division E - Transportation, Ccmmunications, Electric, Gas and Sanitary; and Division I - Services. Section 8. "Institutional User" shall include social, chari- table, religions, and educational activities such as schools, churches, hospitals, nursing homes, penal institutions and similar institutional users. Section 9. "Governmental User" shall include legislative, judicial, administrative, and regulatory activities of Federal, State and local governments. Section 10. Section 11. "Shall" is mandatory; "M~y" is permissive. "SS" (denoting Suspended Solids) shall mean solids that either float on the surface of or are in suspension in water, sewage, or other liquids and which are r~movable by laboratory filtering. Section 12. "Treatment Works" shall mean any devices and systems for the storage, treatment, recycling and reclamation of municipal sewage, domestic sewage or liquid industrial wastes. These include intercepting sewers, outfall sewers, sewage collection systems, pumping, power, and other equipment and their appurtenances; extensions improvement, remodeling, additions and alterations thereof; elements essential to provide a reliable recycled supply such as standby treatment units and clear well facilities; and any works, including site acquisition of the land that will be an integral part of the treatment process or is used for ultimate disposal of residues resulting frc~ such treatment (including land for composting sludge, temporary storage of such compost and land used for the storage of treated wastewater in land treatment systems before land application); or any other method or system for preventing, abating, reducing, storing, treating, separating or disposing of municipal waste or industrial waste, including waste in combined storm water and sanitary sewer systems. Section 13. "Useful Life" shall mean the estimated period during which a treatment works will be operated. Section 14. "User Charge" shall mean that portion of the total wastewater service charge which is levied in a proportional and adequate manner for the cost of operation, maintenance and replacement of the wastewater treatment works. Section 15. "Water ~4_=ter'' shall mean a water vol~ne measuring and recording device, furnished and/or installed by a user and approved by the City of Boynton Beach. ARTICLE III. Section 1. The revenues collected, as a result of the user charges levied, shall be deposited in a separate non-lapsing fund known as the Operation, Maintenance and Replacement Fund. Section 2. Fiscal year-end balances in the Operation, Maintenance, and Replacement fund shall be used for no other purposes than those designated. Monies which have been transferred frcm other sources to meet temporary shortages in the operation, maintenance and replacement fund shall be returned to their respective accounts upon appropriate adjustment of the user charge rates for operation, main- tenance and replacement. The user charge rate(s) shall be adjusted such that the transferred monies will be returned to their respective accounts within six months of the fiscal year in which the monies were borrowed. ARTICLE IV. Section 1. Each user shall pay for the services provided by the City of Boynton Beach based on his use of the treatment works as determined by meter readings acceptable to the City of Boynton Beach. Section 2. For residential, industrial, institutional commercial users and other governmental entities monthly user charges will be based on actual metered usage. If a residential, cc~mercial, institutional, or industrial user has a consumptive use of water, or, in scme other manner, uses water which is not discharged into the wastewater collection system, the user charge for that contributor may be based on readings of a wastewater meter(s) or separate water meter (s) installed and maintained at the user' s expense. Section 3. In addition to other charges provided in Section 4 each user, other than that identified in Sections 5 and 6, shall pay monthly a user charge rate for sewage operation and maintenance including replacement of $ .60 per 1000 gallons of water used up to 7,999 gallons as provided in Resolution ~83-EEEE or as it may be amended from time to time. (Appendix A) Section 4. Each user, other than those identified in Sections 5 and 6, shall pay a user charge rate for treatment and disposal at the Regional Wastewater Treatment and Disposal Plant of $ .485 per 1000 gallons of water used up to 7,999 gallons as provided in Resolution %83-R~.R~. or as provided from time to time in amendments to Resolution ~ 83-R~.~.. Section 5. The Town of Briny Breezes and the Village of Golf shall each pay a user charge rate for operation and maintenance including replacement of $ .60 per 1000 gallons of sewage as metered at the master pump station and as provided in Resolution %83-EEEE or as Resolution %83-EEEE may be amended from time to time. Section 6. The Town of Briny Breezes and the Village of Golf shall each pay a user charge for treatment and disposal at the Regional Wastewater Treatment and Disposal Plant of $ .485 per 1000 gallons of sewage as metered at the master pump station and as pro- vided in Resolution %83-R~RE or as provided from time to time in amendments to Resolution %83-EEEE. Section 7. The Town of Briny Breezes and the Village of Golf shall each pay user charges that are based on capital construction costs that were financed by Boynton Beach for pumping facilities, lift stations, transmission lines and treatment facilities in accordance with Appendix B for Briny Breezes and Appendix C for Village of Golf and as such charges were set forth as guidance in the approved 201 Plan. The Village of Golf payment shall be $23,513/year paid m°nthly. The Briny Breezes payment shall be $5,957/year paid monthly. Section $. For those users whose wastewater has a greater strength than normal dc~estic sewage and when adequate pretreatment has not taken place, a user charge in addition to the normal user charge will be collected. This user charge for operation and maint- enance will be based upon the cost of actual treatment at the Regional Plant and as frcm time to time approved and amended by the Regional Section 9. Any user which discharges any toxic pollutants (as defined in the Sewer Use Ordinance) which cause an increase in the cost of managing the effluent of the sludge frcm the regional treatment works for Boynton Beach and Delray Beach, or any user which discharges any substance which singly or by interaction with other substances causes identifiable increases in the cost of operation, maintenance or replacement of the treatment works, shall pay for such increased costs. The charge to each such user shall be as determined by the appropriate financial personnel and approved by the Regional Treatment Plant Board of Directors and the Boynton Beach City Council. Section 10. The user charge rates established in this article apply to all users of the City's treatment works. ARTICLE V. Section 1. All users shall be billed monthly. Billings for any particular month shall be made within ten days after the end of the month. Payments are due wi thin twenty days after the end of the month. Any payment not received within txhirty days after the end of the month shall be delinquent. Section 2. A late payment penalty of 1 percent of the user charge bill will be added to each delinquent bill for each thirty days or portion thereof of delinquency. When any bill is more than ninety days in default, water and/or sewer service to such premise shall be discontinued until such bill is paid. Section 3. When any bill (including interest and penalty) remains unpaid for one year after the date due, such bill shall be recorded in the land records of Palm Beach County by the treasurer and shall constitute a lien on the property. If such lien (including interest and penalty) date of recordation, the treasurer. remains unpaid for a period of one year after such property shall be subject to pub%lc sale by ARTICLE VI. Ail users contributing waste with a strength greater than 300 mg BOD/1 or 300 mg SS/1 shall prepare and file with the.City of Boynton Beach a report that shall include pertinent data relating to the wastewater characteristics, including the methods of sampling and measurement to obtrain these data, and these data shall be used to calculate the user charge for that user. The City of Boynton Beach shall have the right to gain access to the waste stream and take its own samples. Should the City of Boynton Beach do so and should the results be substantially different as determined by the City of Boynton Beach frc~ the data sutm%itted by the user, the user charge for that user shall be revised for the next billing cycle/ period. ARTICLE VII. Section 1. Any user who feels his user charge is unjust and inequitable may make written application to the Boynton Beach City Council requesting a review of his user charge. Said written request shall, where necessary, show the actual or estimated average flow and/or strength of his wastewater in comparison with the values upon which the charge is based, including how the measurements or estimates were made. Section 2. Review of the request shall be made by the Boynton Beach City Council and if substantiated, the user charges for that user shall be recomputed based on the revised flow and/or strength data ~_nd the new charges shall be applicable to the next billing cycle/period ARTICLE VIII. Section 1. The City of Boynton Beach will review the user charges at least annually and revise the rates as necessary to ensure that adequate revenues are generated to pay the costs of operation and maintenance including replacement and that the system continues to provide for the proportional distribution of operation and maintenance including replacement costs among users and user classes. Section 2. The City of Boynton Beach will notify each user at least annually of the rate being charged for operation, maintenance including replacement of the treatment works. ARTICLE IX. This Resolution shall take effect immediately upon its passage. PASSED AND ADOPTED THIS (Corporate Seal) day of 1985. CITY OF BOYNTON BEACH, FLORIDA Vice Mayor Council B~em~ RESOLUTION NO. 83- ~-~ A RESOLUTION OF THE CITY OF BOYNTON BEACH, FLORIDA REPEALING RESOLUTION 82-VVV RELATIVE TO WATER RATES; ADOPTING FEES AND CHARGES FOR SERVICES OF THE SEWAGE DISPOSAL SYSTEM; ADOPTING WATER RATES, WATER METER CONNECTION CHARGES, CHARGES FOR METER DEPOSITS AND OTHER CHARGES RELATIVE THERETO; PROVIDING FOR REPEALING .PROVISIONS AND AN EFFECTIVE DATE.- WHEREAS, the City'Council of the City of Boynton Beach, Florida, deems it necessary and essential for the efficient daily operation of the municipal government %o pro- vide for an increase of the rates, fees and charges for ser- vices of the water service system and sewage disposal system. --~ NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BOYNTON BEACH, FLORIDA, THAT RESOLUTION 82-VVV IS HEREBY REPEALED AND REPLACED BY THIS RESOLUTION ESTABLISHING THE SCHEDULE OF SANITARY SEWER RATES, WATER RATES, WATER METER CONNECTION CHARGES, METER DEPOSITS, RENTALS, FEES AND OTHER CHARGES PERTAINING TO THE MUNICIPAL WATER AND SEWER SYSTEMS OF THE CITY OF BOYNTON BEACH, FLORIDA, AS FOLLOWS: Section 1. Sanitary Sewer Service Charges Prescribed: The rates,-fees and chDrges (herein sometimes called the "Sewe~ Service Charge") for the use of, and for the services and facilities furnished or to be furnished by, the sewage disposal., system, to be paid by the owner, tenant, or occupant of each lot or parcel of land, or of any unit, apartment, or any other type of improvement located-thereon, which may be connected with or may use the sewage disposal system by or through any part of the City, shall be based or computed upon the quantity of the water supplied therein, as indicated in the'following rate schedule, unless otherwise indicated below. (a) ReSidential Sanitary Sewer Service Charges City Residential (Per Unit) Minimum $7.25 Use Charge Per 1,000 Gallons of Water up to 7,999 Gallons $ .60 Treatment Charge Per 1,000 Gallons of Water up to 7,999 Gallons $.485 Out of City Residential (Per Unit) $9.05 $.75 .'60 (~b) Commercial Sanitary Sewer Service Char~e~ Minimum Use Charge Per 1,000 Gallons of Water Treatment Charge Per 1,000 Gallons of Water City ~ Commercial $7.25 $.60 $.485 Out of City Commercial $9.05 $.75 $.60 (c) Those residential and commercial areas~as iden- tified in section 1 using the City sewage disposa~ system that are not served by the City water system will be charged the maximum rate for sanitary sewer Iservice of $14.85 per unit in the City, or $18.50 ..per unit for out of City, unless--they install a City -approved flow meter to be read by the City. (d). In addition to' the rates set forth herein, the City Council reserves the right to require pre- treatment, special rates or other measures necessary to cope with and protect the City sewer system. Section 2. Water Service Charges Prescribed: That the water rates, water meter connection charges, meter deposits, and all other service charges pertaining to the Municipal~ Water System of the City of Boynton BeaCh, Florida, to be paid by the owner, tenant, or occupant of each lot or parcel of land, or of any unit, apartment or any other type of improvement shall be on a per unit basis with each of the following cOnstituting one unit, unless otherwise indicated below. (a) Residential & Commercial Water Service Charges .City Residential (Per Unit) Out of City Residential (Per Onit) City Commercial Out of City Commercial Minimum Up To 3,000 Gallons Minimum Charge Plus Listed Per 1,000 Gallons Charge Over 3,000 Gallons $4.50 $1.25 $5.60 $1.55 $8.00 $1.25 $10.0'0 $1.55 -2- Section 3. A residential facility.where a master meter of over two inches (2") serves several buildings through a private distribution system of pipes and where the City does not maintain the private distribution system of pipes on the effluent side of the meter,.the water rates for those residential areas in the City will be charged $1~25 per 1,000 gallons, as recorded on the master meter, and for those residential areas not in.the City the Qater rate will be charged at $1.55 per 1,000 gallons as recorded at the master meter. Section 4. Residential areas referred to in Section 3 will be charged a monthly water meter maintenance fee of: $i15.00 for a 6" meter -~ - $ 85.00 for a 4" meter $ 60.00 for a 3" meter Section 5. A residential~facili~y referred to in Section 3 will be charged a sanitary sewer charge of $5.50 per unit plus $.485 per 1,000 gallons of water up to.7,999 gallons of'water used times the number of units in the complex for a complex in the City; or $6.85 per unit plus $.60 per 1,000 gallons of water up to 7,999 gallons of water used times the number of units in the complex for a complex not ih the City. Section 6. A coin laundry operating in the City will be charged a minimum charge of $7.50 plus $.60 per 95% of the gallons of water for the use charge and $.485 per 95% of the gallons of water for the treatment charge. A coin laundry operating outside the City will be charged a minimum charge of $9.35 plus $.75 per 95% of the gallons of water for the use charge and $.60 per 95% of the gallons of water for the°treatment charge. .Section 7. Water Meter connection charges for each ~nit inside the City of Boynton Beach, Florida, shall be as follows: 3/8" x 3/4" Installation - 1" Installation - 1-1/2" Installation - 2" Installation - $ 190.00 $ 240.00 $ 500.00 $ 560.o0 -3- 3" Or larger installation - Installed by applicant, per City requirements, at the applicant's cost, by a qualified utility contractor under the City's supervision. Section 8. Water meter connection charges outside the City of Boynton Beach, ~lorida, not cove~ed by special contract or franchise agreement shall be as follows: 5/8"'x 3/4" Installation - $ 200.00 Installation - $ 250.00 1-1/2" Installation - $ 510.00 Section 9. u Installation - $ 570.00 3" Or larger installation - Installed by applicant, per City requirements, at the applicant's cost, by a qualified utility contractor under the City's supervision. Meter deposits shall be as follows: (a) Meter deposits upon initial installation of a water meter. 5/8" x 3/4" Installation - 1" Installation - 1-1/2" Installation - (b) 2" 3" 4" 6" Installation - Installation - Installation - Installat~0n - $ 50.00 $ 75.00 $ 100.00 $ 200.00 $ 250.00 $ 400.00 $ 5O0.0O Where a customer's water service is reconnected following a disconnection for nonpayment of water charges, the customer shall pay the following meter deposits: 5/8" x 3/4" !" Installation - $ 100.00 Installation - $ 150.00 1-1/2" Installation - M 3" 4" 6" Installation - Installation - Installation - Installation - -4- $ 200.00 $ 400.00 $ 500.O0 $ 800.0O $1,000.00 Section 10. That after the initial installation, the service charge for connecting and disconnecting shall be $10.00 each for a total of $20.00, except that the service charge for connecting and ~disconnecting after normal working hours or on holidays shall be $35.00 each for a total of $75.00. Section 11. deposit of $600.00. Fire hydrant meters shall require a The user will be charged commercial rates and will be required to bring the hydrant meter in once each moqth on the anniversary date for reading and checking that it is operational, and not damaged. If it is not brought in for ~he monthly reading and inspection, there will be an ~tomatic charge of $150.00 per month. In addition, there witl be a monthly charge of $30.00 per month, plus charges for water actually used. Loss of or damage to the meter will be deducted from the $600.00 security deposit. Section 12. All resolutions and parts of resolutions in conflict herewith be and the same are hereby repealed. Section 13. The repeal of resolutions or parts of resolutions affected-by the enactment of this Resolution shall~no% be construed as abating any action now p~nding under or by virtue of such resolutions or as discontinuance, abating, modifying or altering any penalty accruing or to accrue or as affecting the liability of any person, firm or corporation or as waiving any right of the municipality under any action or provision existing at the time of the passage of this Resolution. Section 14. effect the 19th The rates herein stated shall be in day of October · 1983. 1983. ~PASSED AND ADOPTED this 18th day October -5- ATTEST C.i. t~ Clerk Seal) CITY OF BOYNTON BEACH, FLORIDA ?~ ~,.'.._ _ ~__. __ Vice May~. ' Council Member -6-