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HomeMy WebLinkAboutOrdinance_529_11/13/1997ORDINANCE NO. 5 2 9 AN ORDINANCE OF THE VILLAGE COUNCIL OF THE VILLAGE OF TEQUESTA, PALM BEACH COUNTY, FLORIDA, AMENDING CHAPTER 18, WATER, SO AS TO INCREASE THE SCHEDULE OF RATES AND CHARGES ENUMERATED IN SECTION 18-3, PROVIDING FOR A CAPACITY RESERVATION FEE, PROVIDING FOR AUTOMATIC ANNUAL RATE ADJUSTMENT, AND PROVIDING FOR WATER RESTRICTION SURCHARGE ADJUSTMENT; AMENDING SECTION 18-7, TO INCREASE THE CHARGE TO THE VILLAGE FOR THE USE OF FIRE HYDRANTS; PROVIDING FOR SEVERABILITY; PROVIDING FOR REPEAL OF ORDINANCES IN CONFLICT; PROVIDING FOR CODIFICATION; PROVIDING AN EFFECTIVE DATE. BE IT ORDAINED BY THE VILLAGE COUNCIL OF THE VILLAGE OF TEQUESTA, PALM BEACH COUNTY, FLORIDA, AS FOLLOWS: Section 1. Chapter 18 of the Code of Ordinances of the Village of Tequesta relating to Water is hereby amended at Section 18-3, to read as follows: "Sec. 18-3. Same -Enumerated. The schedule of rates and charges be, and the same are hereby determined, as follows: (a) Minimum Monthly Service Charge. (1) Residential and Non-Residential Effective Date jBills Rendered on and After) 11/1/97 10/1/98 5/8-inch meter $ 9.80 $ 10.20 3/4-inch meter 9.80 10.20 1.0-inch meter 24.50 25.50 1.5-inch meter 49.00 51.00 2.0-inch meter 78.40 81.60 3.0-inch meter 147.00 153.00 4.0-inch meter 245.00 255.00 6.0-inch meter 490.00 510.00 • The following rates shall be effective and assessed in lieu of the above rates to accommodate increases in rates caused by an increase in water rates to the Village of Tequesta from the Town of Jupiter. Minimum Monthly Service Charge. Residential and Non-Residential Effective Date Bills Rendered on and After) 11/1/97 10/1/98 5/8-inch meter $ 16.80 $ 17.20 3/4-inch meter 16.80 17.20 1.0-inch meter 42.00 43.00 1.5-inch meter 84.00 86.00 2.0-inch meter 134.40 137.60 3.0-inch meter 252.00 258.00 4.0-inch meter 420.00 430.00 6.0-inch meter 840.00 860.00 • The table attached hereto includes that portion of the increase due to increased charges made to Tequesta by the Town of Jupiter which are passed on to Tequesta customers as a result of Jupiter's increase in water rates to Tequesta. Funds realized as a result of this increase shall be accounted for in a manner so as to provide that in the event the Village of Tequesta is successful in overturning the water rate increase imposed by the Town of Jupiter that increases can be accounted for and refunded to the customer from whom they were paid, subtracting therefrom all administrative and legal costs and attorneys' fees expended by the Village relating to Tequesta's endeavors administratively and legally to overturn the water rate increase imposed by the Town of Jupiter, whereupon the rates included in the above schedule, resulting from Jupiter's increase, in place prior to the increase will be reinstated. Increases enacted herein shall be returned to the customer who made payment on same in the event Tequesta is successful in overturning the rate increase. Otherwise, said funds shall remain with the Village of Tequesta and the rates imposed herein shall remain in effect. • 2 • Rate Effective November 1, 1997 Meter Size Increase Due (Inches) Current Rate to Jupiter Total Rate 5/8 $ 9.80 $ 7.00 $ 16.80 3/4 9.80 7.00 16.80 1 24.50 17.50 42.00 1-1 /2 49.00 3 5.00 84.00 2 78.40 56.00 134.40 3 147.00 105.00 252.00 4 245.00 175.00 420.00 6 490.00 350.00 840.00 Rate Effective October 1. 1998 Meter Size Increase Due (Inches) Current Rate to Jupiter Total Rate 5/8 $ 10.20 $ 7.00 $ 17.20 3/4 10.20 7.00 17.20 1 25.50 17.50 43.00 • 1-1/2 2 51.00 35.00 81.60 56.00 86.00 137.60 3 153.00 105.00 258.00 4 255.00 175.00 430.00 6 510.00 350.00 860.00 (2) Metering of multifamily buildings (M.F.) where a single meter is installed in a water connection serving a multifamily structure, the minimum monthly service charge shall be not less than an amount equal to the number of dwelling units multiplied by the minimum charge fora 5/8 x 3/4-inch meter or installed meter size, whichever is greater. (3) Metering of multifamily buildings -Nonresidential. In the case of any nonresidential building housing more than one (1) business or entity, each business or entity therein shall be metered individually. Monthly minimum service charges shall be based on the established charge by meter size. Where an existing single meter is installed in a water connection serving two (2) or more businesses or entities, the minimum monthly service charge shall also be based on the established charge by meter size. Fire protection charges for fire lines shall be separately included. 3 • (b) Quantity Rate. Applicable to all quantities of water shown by meter readings to have been delivered. • (1) Residential accounts, including single-family and multi-family service classifications, monthly: Effective Date (Bills Rendered on and After) 11/1/97 10/1/98 For each 1,000 gallons or fraction thereof up to 12,000 gallons delivered $ 1.55 For each 1,000 gallons or fraction thereof above 12,000 up to 25,000 gallons delivered For each 1,000 gallons or fraction thereof above 25,000 up to 40,000 gallons delivered For each 1,000 gallons or fraction thereof for all quantities delivered above 40,000 gallons 2.60 3.55 4.55 $ 1.62 2.72 3.70 4.75 (2) Nonresidential accounts, including commercial, government and irrigation service classifications, monthly: For each 1,000 gallons or fraction thereof pursuant to the Quantity Step Rate Table and applicable Gallonage Allowance Per Quantity Step Rate Table appearing below. Effective Date (Bills Rendered on and After) Quantity Step Rate Table 11/1/97 10/1/98 Step 1 $ 1.55 $ 1.62 Step 2 2.60 2.72 Step 3 3.55 3.70 Step 4 4.55 4.75 4 i• Gallonage Allowance Per Quantity Step Rate Table (Thousand Gallons) Meter Size (Inches) Step 1 Step 2 Step 3 Step 4 5/8 1-12 13-25 26-40 41+ 3/4 1-18 19-37 38-60 61+ 1.0 1-30 31-62 63-100 101+ 1.5 1-60 61-125 126-200 201+ 2.0 1-96 97-200 201-320 321+ 3.0 1-180 181-375 376-600 601+ 4.0 1-300 301-625 625-1,000 1,000.001+ 6.0 1-600 601-1,250 1,250-2,000 2,000.001+ (3) Nonresidential Village of Tequesta accounts, monthly: Effective Date (Bills Rendered on and After) 11/1/97 10/1/98 • For each 1,000 gallons or fraction thereof $ 1.55 $ 1.62 In the event there is a master meter measuring quantities of water for two (2) or more residential units, the gallons measured and charged pursuant to the terms of this section shall be prorated by dividing the total gallons metered by the number of units included on the master meter. (c) Fire Protection Charge. (1) Village of Tequesta - $110.00 per hydrant per year. (2) Other areas - $0.60 per meter per month, except for services used solely for irrigation purposes. • 5 • (3) Private fire connections. The following monthly service charges shall apply to private fire lines for sprinkling systems or other fire protection systems: Meter Size (inches) Amount 2 $ 7.00 3 16.00 4 29.00 6 70.00 8 120.00 The expense of all connections to the water mains shall be borne by the user. No taps will be allowed which may be used for other than fire protection purposes, and there shall be no connection with any other source of water. (d) Meter Installation Charge. All water meters shall be installed by the Village of Tequesta, and the charge for making such meter installations or a replacement of a meter of a different size upon request of the customer shall • be as follows: Meter Size (inches) Amount 5/8 $125.00 3/4 145.00 1 180.00 1-1/2 325.00 2 550.00 The charge for water meter installations of sizes larger than 2 inches shall be not less than the actual cost, including material, labor, equipment, inspection and overhead. All meters installed remain the property of the water system. (e) Interrupted Service. (1) Reconnection charges. There shall be a Reconnection charge in the amount of four (4) times the minimum monthly service charge for the resetting of any meter which shall have been removed from service, if resetting is done during regular working hours. • 6 • (2) Transfer of service (not including meter replacement). There shall be a charge often dollars ($10.00) during regular working hours. (3) Outside regular working hours. If the customer requests that the work in (1) or (2) above be done outside regular working hours, the charge shall be twice the stated amount. (f) Capital Improvement Charge. Each new connection to the water system after the effective date of this subsection shall pay a capital improvement charge of one thousand five hundred dollars ($1,500.00) for each five-eighths-inch by three-fourths-inch meter or equivalent thereof at the time of the application for a new connection. Such payments shall go into a capital improvement fund which shall be a separate fund to be used for capital improvements to the water system or for payment of debt service on the water revenue certificates, series 1976, or subsequent issues. In addition to the capital improvement charge set forth herein, each new connection to the water system located on that geographic area within the system known as Jupiter Island, shall pay a capital improvement charge of two thousand three hundred ten dollars ($2,310.00) for each dwelling unit, at the time of the application for a new connection. Such payment shall go • into a capital improvement fund, which shall be a separate fund to be used for capital improvements to the water system related to the improvements for the users on Jupiter Island. (g) Nonpayment of Service Charges. If any bill for water service has not been paid within thirty (30) days from the date of billing, service shall be disconnected after due notice thereof. (h) Security deposits. There shall be a security deposit of sixty dollars ($60.00) for each account established after the effective date of this section ~ ~ requiring a five-eighth-inch by three-fourth-inch meter to be paid at the time of application for service. For all other meter sizes there shall be a security deposit equivalent to three (3) times the minimum monthly service charge for each account established after the effective date of this section to be paid at the time of application for service. The security deposit is intended as security for payment of any final bill prior to disconnection. In computing the final bill for an account, the meter deposit shall be credited to that account. The deposit will not bear interest. (i) Meter sizing, relocation of meters, fire hydrants and other appurtenances. The water department reserves the right to determine the appropriate meter size for each connection to the water system as referenced in American Water 7 • Work Association (A.W.W.A.) Manual of Water Supply Practices M-6. If any customer requests that a meter, fire hydrant or any other water system appurtenance be changed or relocated for their convenience, the customer shall pay the actual cost of such change or relocation, including material, labor, equipment, inspections, fees, overhead and permitting. (j) There is hereby established an emergency service bulk water rate which shall be applicable to metered connections specifically identified by the village as emergency interconnections. The emergency service bulk water rate is hereby established at one dollar and forty cents ($1.40) per one thousand (1,000) gallons. This rate shall be reviewed periodically and revised as necessary based upon changes in the operating, maintenance or purchase water costs. (k) Capacity Reservation Fee. Each new connection to the water system which has paid a capital improvement charge at the time of application for a new connection shall pay a Capacity Reservation Fee for each equivalent residential connection which has not been transferred to a customer or tenant and considered as an active account. The Capacity Reservation Fee shall be billed monthly to all those applicants who possess permits authorizing connection to the Village's water system or facilities. All applicants who • reserve capacity or hold water service agreements authorizing connection to the Village water facilities shall begin paying the Capacity Reservation Fee six (6) months from the effective date of passage of this Ordinance ~ , 1997] or six (6) months from the date of issuance of the conditional use permit for the project, whichever is later. The monthly Capacity Reservation Fee shall be seven dollars and twenty-five cents ($7.25) per equivalent residential connection. All unpaid Capacity Reservation Fees shall accrue and no connection shall be allowed to the Village's water facilities until all such unpaid accrued fees related to said applicant or their assigns have been paid in full by the applicant or their assigns. The obligation to continue payment of the Capacity Reservation Fees for a particular ERC of capacity shall terminate upon connection of that particular ERC of capacity to the Village water system. (1) Automatic Annual Rate Adjustment. The Village adopts annually, effective with bills rendered on and after October 1, 1999, and each year thereafter an automatic increase to the monthly service charges and quantity rates as contained in Section 18-3 to be applied to such rates which are in effect immediately prior to the effective date of each. annual increase. The annual index adjustment shall be equal to the application of the Consumer Price Index applied to the level of operating expenses as generally defined by 8 . commonly accepted accounting principles, exclusive of bulk water purchases from the Town of Jupiter or others, currently being covered in such rates for water service. With respect to bulk water purchases from the Town of Jupiter and others, any increase or decrease in the cost of such purchases to the Village shall result in an automatic adjustment to such applicable rates and changes as identified in Section 18 and shall be pass-through to the consumer equal to the amount of such increase or decrease in such costs as billed by the Town of Jupiter or others. The automatic annual rate adjustment shall not apply to the water capital improvement charges as established by Section 1. The application of the annual index adjustment will be presented to the Village Council annually as part of the budgetary process and will not be implemented without prior authorization and approval by the Village Council. Any pass-through adjustment will be presented for Council approval immediately upon notification. (m) Water Restriction Surcharge Adjustment. In the event that the South Florida Water Management District or other authority having jurisdiction declares a water shortage requiring mandatory curtailment to the extent of a 15% reduction in water usage, the consumption charges listed above shall be increased 18%. In the event that a reduction of water use in excess of 15% • is required, the Village Council may establish by ordinance an appropriate surcharge based upon a recommendation of the Village Manger as to the revenue required to comply with debt service covenants or to meet other requirements of the water system." Section 2. Chapter 18 of the Code of Ordinances of the Village of Tequesta relating to Water is hereby amended at Section 18-7, to read as follows: "Sec. 18-7 Rates for Village use. The Village shall pay for the privilege of taking water from the waterworks system through its fire hydrants for the prevention and extinguishment of fires a fire hydrant charge at a rate not less than one hundred ten dollars ($110.00) per hydrant per annum. All water used by the Village itself for municipal purposes (other than for the prevention and extinguishment of fires, water reasonably necessary for testing fire hydrants, and water reasonably necessary for practice of firemen) and all water used by any other political subdivision or public agency shall be paid for at the established monthly rate and charge. 9 • Revenues received for water furnished to the Village and all hydrant charges payable by the Village shall be deemed to be revenues derived from the operation of the waterworks system and shall be applied and accounted for in the same manner as other revenues derived from the operation of said system; provided, however, that nothing herein contained shall be construed as requiring the Village to avail itself of the facilities or services afforded by said system." Section 4. 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. Section Repeal of Ordinances in Conflict. All other ordinances of the Village of Tequesta, Florida, or parts thereof which conflict with this or any part of this Ordinance are hereby repealed. Section 6. Codification. This Ordinance shall be codified and made a part of the official Code of Ordinances of the Village of Tequesta. Section 7. Effective Date. This Ordinance shall take effect immediately upon its passage and approval, as provided by law. • THE FOREGOING ORDINANCE was offered by Councilmember M a ~ k a ; 1 ,who moved its adoption. The Ordinance was seconded by Councilmember Hansen and upon being put to a vote, the vote was as follows: FOR ADOPTION AGAINST ADOPTION Alexander W. Cameron Carl C. Hansen Ron T. Mackail Elizabeth A. Schauer • 10 The Mayor thereupon declared the Ordinance duly passed and adopted this 13th day Of November 1997. MAYOR OF TEQUESTA Eli th A. Schauer ATTEST: Vi age Clerk JCR\ 131530RD\ WATER3.RAT • 11