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HomeMy WebLinkAboutDocumentation_Regular_Tab 18_06/12/2008VILLAGE OF TEQUESTA AGENDA ITEM TRANSMITTAL FORM 1. VILLAGE COUNCIL MEETING: Meeting Date: May 19, 2008 Meeting Type: Choose an item. Council Meeting Ordinance #: 12-08 Consent Agenda: Choose an item. Resolution #: Click here to enter text. Originating Department: Administration 2. AGENDA ITEM TITLE: (Wording form the SUBJECT line of your staff report) Ordinance 12-08 amending Chapter 74. Utilities. at Article II. Water Service. At Division 2. Rates and Charges to provide for updated language regarding utility security deposits, CPI increases, water restriction surcharges and surcharges outside corporate boundaries. 3. BUDGET /FINANCIAL IMPACT: Account #: Click here to enter text. Amount of this item: Click here to enter text. Current Budgeted Amount Available: Amount Remaining after item: Click here to enter text. Click here to enter text. Budget Transfer Required: Choose an Appropriate Fund Balance: Choose an item. item. 4. EXECUTIVE SUMMARY OF MAJOR ISSUES: (This is a snap shot description of the agenda item) Ordinance 12-08 amending Chapter 74. Utilities. at Article II. Water Service. At Division 2. Rates and Charges by amending Sections 74-68, 74-72, 74-73, 74-74 and 74-79 to provide for updated language regarding utility security deposits, CPI increases, water restrictions surcharges and surcharges outside corporate boundaries; providing that each and every other section and sub-section of Chapter 74. Utilities. shall remain in full force and effect as previously adopted. 5. APPROVALS: Dept. Head: Attorney: (for legal sufficiency) Village Manager: • SUBMIT FOR COUNCIL DISCUSSION: • APPROVE ITEM: I rl Finance Director: Yes [+~ No ^ • DENY ITEM: ^ MEMORANDUM Village of Tequesta Administration TO: Village Council FROM: Michael Couzzo, Village Manager DATE: May 19, 2008 SUB,lECT: Ordinance 12-08 authorizing to amend Chapter 74. Utilities. At Article i1. Water Service. At Division 2. Rates and Charges. Attached for your review and consideration is Ordinance 12-08 authorizing to amend Chapter 74. Utilities. At Article II. Water Service. At Division 2. Rates and Charges. By amending Sections 74-68, 74-72, 74-73, 74-74 and 74-79 to provide for updated language regarding utility security deposits, CPI increases, water restrictions surcharges and surcharges outside corporate boundaries; providing that each and every other section and sub-section of Chapter 74. Utilities. shall remain in full force and effect as previously adopted. I respectfully request that Council approve the Water Treatment Plant Expansion work authorization. ORDINANCE NO. 12-08 AN ORDINANCE OF THE VILLAGE COUNCIL OF THE VILLAGE OF TEQUESTA, FLORIDA, AMENDING CHAPTER 74. UTILITIES. AT ARTICLE II. WATER SERVICE. AT DIVISION 2. RATES AND CHARGES. BY AMENDING SECTIONS 74-68, 74-72, 74-73, 74-74 AND 74-79 TO PROVIDE FOR UPDATED LANGUAGE REGARDNG UTILITY SECURITY DEPOSITS, CPI INCREASES, WATER RESTRICTION SURCHARGES AND SURCHARGES OUTSIDE CORPORATE BOUNDARIES; PROVIDING THAT EACH AND EVERY OTHER SECTION AND SUB-SECTION OF CHAPTER 74. UTILITIES. SHALL REMAIN IN FULL FORCE AND EFFECT AS PREVIOUSLY ADOPTED; PROVIDING A CONFLICTS CLAUSE, A SEVERABILITY CLAUSE AND AUTHORITY TO CODIFY; PROVIDING AN EFFECTIVE DATE; AND FOR OTHER PURPOSES. WHEREAS, the Village Council desires to update its utility regulations in orderto be consistent with changes in the law and for consistency with its rate resolution; and WHEREAS, the Village Council believes this ordinance to be in the best interests of the Village of Tequesta. NOW, THEREFORE, BE IT ORDAINED BY THE VILLAGE COUNCIL OF THE VILLAGE OF TEQUESTA, PALM BEACH COUNTY, FLORIDA, AS FOLLOWS: Section 1: Chapter 74. Utilities. of the Code of Ordinances of the Village of Tequesta is hereby amended at Article II. Water Service. by revising Sections 74-68, 74- 72, 74-73, 74-74 and 74-79; providing that Sections 74-68, 74-72, 74-73, 74-74 and 74-79 shall hereafter read as follows: DIVISION 2. RATES AND CHARGES Sec. 74-68. Security deposit. There shall be a security deposit as established by resolution of the Village Council and on file in the Village Clerk's office for each account, to be paid at the time of application for water service. The security deposit is intended as security for payment of any final bill prior to disconnection. The security deoosits may be credited to the accounts of customers with aood oavment records by policy established by the Villaae from time to time or otherwise shall be credited to the account when it is closed. In computing the final bill for an account, any outstanding ~eteF security deposit shall be credited to that account and the remainina -1- balance. if anv. after being credited toward the final bill shall be returned to the customer. The deposit will pet bear interest at the prevailing rate and shall be credited to each account at regular intervals. all as determined by the Village Sec. 74-72. Automatic annual rate adjustment. The Village adopts annually, effective with bills rendered on and after October 1, 2010, and each year thereafter, an automatic annual index rate adjustment to be applied to all of the rates, fees and charges as contained in this division including the minimum monthly service charge and auantity charge which are immediately in effect prior to the application of such annual index rate adiustment. immod:,+ol., .,rinr+„ +ho °ff~~~~~^~ao" ~^^~ ~~' ~^^recr~c The annual index rate adjustment shall be calculated in accordance with Section 74-73 below e~~Izn- co-z ^„.,r,..,+;,,., „~ +ho The rates, fees, and charges which are adjusted for the application of the annual index adjustment shall be rounded to the nearest cent. Sec. 74-73. Annual index rate calculation. €-~c~e~ses TARI G IAICRT• -2- The annual index rate adiustment will be determined based on the aaolication of the following calculation formula: Price Index = f(OC - PWl * CPIF1 * (1+RRF11 MOR Whereby: Price Index =The index adiustment factor to be aoalied to the monthly rates. fees and charaes. OC = The Fiscal Year operating expenses for the most recently completed Fiscal Year. PW =The cost of water purchased during such fiscal vear. CPIF = The CPI Factor defined as the percentage chance in the Consumer Price Index ublished by the Bureau of Labor Statistics Southeastern Regional Office as of Mav of each and every vear. RRF =5.0% to allow for increased costs associated with funding renewal and replacements. MOR = The Fiscal Year revenues derived from the monthly service charaes, which includes the Base Facilities Charges and the Quantity Charge. for the most recently completed Fiscal Year. Sec. 74-74. Water restriction surcharge adjustment. If the South Florida Water Management District or other authority having jurisdiction declares a water shortage requiring mandatory curtailment or imposes guidelines to be followed which result in ~^ +"° °~*°^~ ^f a 15 percent reduction in water usage at minimum, the consumption charges listed in this division shall be increased 18 percent. If a reduction of water use in excess of 15 percent is required or such a guideline is imposed, the Village Council may establish by er~+r+aflse resolution an appropriate surcharge based upon a recommendation of the village manager as to the revenue required to comply with debt service covenants or to meet other requirements of the water system. -3- Sec. 74-79. Surcharge for consumers outside village. (a) .The schedule of rates and charges forwater services furnished to consumers outside the corporate limits of the village y shall include an additional 25 percent water surcharge fee to offset water system improvements and maintenance costs, as authorized by the state legislature. IFS II71E~Inmon4erl in ~ fiun coon f•+chinn .-+c fnllnuic ....r. ~~ ~ ~v..av.w .. ~ ~ a~~v aaavr 1 ~ f f Section 2: All Ordinances or parts of Ordinances in conflict be and the same are hereby repealed. Section 3: Should any Section or provision of this Ordinance or any portion thereof, any paragraph, sentence orword be declared by a Court of competent jurisdiction to be invalid, such decision shall not affect the validity of the remainder of this Ordinance. Section 4: Specific authority is hereby granted to codify this Ordinance. Section 5: This Ordinance shall become effective immediately upon passage. -4- ITEM 18 AMENDED BACKUP balance. if anv, after being credited toward th e final bill s hall be return ed to the customer. The deposit will ~ bear interest at the pre vailing rat e and shall be cre dited to each account at regular intervals. all as determined by the Village Sec. 74-72. Automatic annual rate adjustment. The Village adopts annually, effective with bills rendered on and after October 1, 1999, and each year thereafter, an automatic annual index rate adjustment to be applied to all of the rates, fees and charges as contained in this division including the minimum monthly service charge and quantity charge which are immediately in effect prior to the application of such annual index rate adiustment ~~t+~da-t° ^f °°^" ^^~ ~ ' ~^^~° °. The annual index rate adjustment shall be calculated in accordance with Section 74-73 below - , The rates, fees, and charges which are adjusted for the application of the annual index adjustment shall be rounded to the nearest cent. Sec. 74-73. Annual index rate calculation. €~er~ses (~ a~Ft't ~~qp~p \/r~,~;~~KFPF~Fl6e-ITTd°v\ Ini-1°v Arlie ~c~m°n~ Om^~ ~n+ `M" ''""~7C`° ~7-`~~a~•• r~vJuvm-r~r~rrcrrrvarTt TAR~LC~I~I~_ -2-