24-019 1 ORDINANCE NO. 24-019
2
3 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF
4 BOYNTON BEACH, FLORIDA, AMENDING CHAPTER 26,
5 "WATER, SEWER, AND CITY UTILITIES" TO PROVIDE THAT
6 ALL WATER, SEWER, AND CITY UTILITY FEES, RATES, AND
7 CHARGES SHALL BE SET BY THE CITY COMMISSION BY
8 RESOLUTION AND AUTHORIZING AN ANNUAL CPI
9 ADJUSTMENT; PROVIDING FOR CONFLICTS, SEVERABILITY,
10 CODIFICATION,AND AN EFFECTIVE DATE.
11
12 WHEREAS, the City of Boynton Beach through its Utilities Department provides water
13 and sewer services; and
14 WHEREAS, the Utilities Department operates as an enterprise fund of the City and,
15 therefore must recover the costs of operation through rates,fees,and charges for services rendered;
16 and
17 WHEREAS, such rates, fees, and charges shall be just and equitable and may be based or
18 computed upon the quantity of water consumed and/or upon the number and size of sewer
19 connections, or upon any other factor affecting the use of the facilities furnished, or upon any
20 combination of the foregoing factors; and
21 WHEREAS, the City must establish and maintain rates and collect such fees, rentals, or
22 other charges for services and facilities,and to revise same from time to time whenever necessary,
23 in order to meet debt service requirements and rate covenants; and
24 WHEREAS, the Utilities Department has completed a comprehensive rate analysis to
25 determine the fair and reasonable rates, fees, and charges to be paid by new and existing water
26 and wastewater customers based on their respective demands for such services; and
8-26-24-Final(SRW)
Page 1 of 30
CODING: Words in strike-t Tough type are deletions from existing law;
Words in underlined type are additions.
27 WHEREAS,the City Commission desires to amend Chapter 26 of the Code of Ordinances
28 to remove all references to previously adopted fees, rates, and charges, and to provide that such
29 fees,rates, and charges will be adopted by resolution.
30 NOW,THEREFORE,BE IT ORDAINED BY THE CITY COMMISSION OF THE
31 CITY OF BOYNTON BEACH,FLORIDA:
32 Section 1. The foregoing "WHEREAS" clauses are hereby ratified as being true and
33 correct and are hereby made a specific part of this Ordinance upon adoption hereof.
34 Section 2. Section 26-5. entitled"Water, sewer, and city utility schedule of fees,rates,
35 and charges"is hereby created as follows:
36 26-5. Water, sewer, and city utility schedule of fees, rates, and charges.
37 (a) It is the intent of this section that the functions and services of the Utilities
38 Department be funded to the greatest extent practicable by persons utilizing the services of and
39 served by the City's Utility Department.
40 (b) The City Commission shall. by resolution, establish a fee schedule (referred to
41 throughout this Chapter as the"City's fee schedule")to fund the various functions and services of
42 the Utilities Department. All fees, charges, penalties, and rates, for water, sewer, and city utility
43 services, deposits, and connections shall be paid in accordance with the City's fee schedule. All
44 fees are subject to amendment by resolution of the City Commission. Lack of provision in any
45 ordinance, resolution, administrative order, policy, or memo for a fee shall not be construed as a
46 limitation on the authority of the City Commission to adopt a fee.
8-26-24-Final(SRW)
Page 2 of 30
CODING: Words in s>filie-through type are deletions from existing law;
Words in underlined type are additions.
47 (c) Applications, connections, services, or permits initiated or used by the City are
48 exempt from the payment of fees under the City's fee schedule.Additionally, any exemption from
49 payment of fees specifically set forth in any ordinance of the City shall govern.
50 (d) Annual Adjustments.
51 (1) On October 1 of each year, each fee in the City's fee schedule shall automatically
52 increase by a percent equal to the percentage increase in the U.S. City Average, all urban
53 consumers, seasonally adjusted, series of the Consumer Price Index for All Urban Consumers
54 (CPI-U) for the Miami-Fort Lauderdale-West Palm Beach area as published by the United
55 States Department of Labor from January of the preceding calendar year until January of the
56 current calendar year. The calculated rate of change shall be applied to all utility rates, fees,
57 and charges. However, the adjustment shall never by greater than 3.5% or less than 0.0%per
58 annum.All fees will be rounded up to the nearest cent increment.The Director of Utilities shall
59 amend the City's fee schedule annually to reflect the CPI increases, if any, by September 30.
60 Any amendment to the City's fee schedule other than the amendment to reflect the automatic
61 increase pursuant to the CPI must be done by a resolution adopted by the City Commission.
62 (2) The annual adjustment referenced in subsection (d)(1) above shall be applied
63 automatically to all billings dated on or after October 1 of the year in which the adjustment is
64 made. The amount of the adjustment shall be determined as described in subsection (d)(3)
65 below.
8-26-24-Final(SRW)
Page 3 of 30
CODING: Words in stfike4hreugh type are deletions from existing law;
Words in underlined type are additions.
66 (3) Commencing on October 1 of each year, the annual adjustment shall be equal to
67 the percentage increase in the water, sewer, and trash collection services in U.S. City Average,
68 all urban consumers, seasonally adjusted, series of the Consumer Price Index for All Urban
69 Consumers(CPI-U)for the Miami-Fort Lauderdale-West Palm Beach area as published by the
70 U.S. Department of Labor, Bureau of Labor Statistics, from January 1 of the preceding
71 calendar year until January 1 of the present calendar year as calculated pursuant subsection
72 (d)(4)below.
73 (4) The percentage change in the CPI-U shall be calculated as follows:
74 (a)Multiply the percent change in the CPI-U from January 1 of the preceding calendar year
75 through January 1 of the present calendar year times the existing rates.
76 (b)Add the product of the existing rates, charges, and fees and round to the nearest cent.
77 (e) The City's fee schedule, as amended from time to time, shall be maintained on file
78 in the Office of the City Clerk, and posted in the Utilities Department and at the City Cashier's
79 Office. All applications and permits, as the case may be, shall be accompanied by the required
80 fee(s). Any application or service request not accompanied by payment of the required fee(s)shall
81 be deemed incomplete and shall not be processed. All fees shall be nonreimbursable and
82 nonrefundable, unless otherwise stated in the resolution of the Commission, and shall be payable
83 to the City upon request for services, submission of an application, or issuance of a permit, as
84 determined by the Director of Utilities.
8-26-24-Final(SRW)
Page 4 of 30
CODING: Words in stfilEe4iceugh type are deletions from existing law;
Words in underlined type are additions.
85 Section 3. Sec. 26-7. Lien for unpaid charge; liability for charges.
86
87 (d) An administrative fee of$ 00 shall be charged to the customer whenever the city
88 records a lien against the property serviced for unpaid water, sewer, stormwater, reclaimed water
89 rates, fees and charges.
90 Section 4. Sec.26-8. Water and sewer connection, deposit and service charges.
91 There is hereby established a fee structure for water and sewer service, field visits, meter
92 connections and deposits,and miscellaneous services as set forth in the City's fee schedule.below=
93 Field Visit Services Charge Per
94 Occurrence
95
96 Field Visit Services Charge Per
97 Occurrence
98
100 . -, . , _ . . . - •, . _ _ _ _ . . =
101 • , . _ _. . •_ . . . : _ , ., - • : . : •, - _ _ ,
102
103 Turn on after hours $55
104 Turn off after hours $55
105 .. _ -• _ -•
106 34" $130
8-26-24-Final(SRW)
Page 5 of 30
CODING: Words in stFike-tlifeugh type are deletions from existing law;
Words in underlined type are additions.
107 1" $150
108 1%2" $206
109 2" $230
110 3" and above $515
111
112 Residential $30
113 Commercial/Multi-Family $40
114 Water shut off charge for non payment $10
115 Labor charge for meter upgrades $60
116 Flow test* $30
117 Dishonored checks $25
118 a-te-parent $10
119 . _ : _- • -- - _ _- . , • ' - . , . : : : . : _ • - _ . • - . .•. • -
•
•
120 - . • • _ • __ .
121 Customer Tampering/Damages
122 The Utilities Department is authorized to collect expenses for damages to meters/service by
123 customers. If damages result from tampering, a per hour rate for staff time and material will be
124 applied. All charges will be assessed to the account where tampering/damages occurred.
125 Chargc Pcr Occurrence
126
8-26-24-Final(SRW)
Page 6 of 30
CODING: Words in strip type are deletions from existing law;
Words in underlined type are additions.
•
•
•
127 ' . - _ - : _ -. -- : - -- - - -
128 • - - - . - _. _ _-. - -
129 : - . . - - - - ' - - . :, !
130 Ficid Visit Services Chargc Pcr Occurrence
•
•
•
131 -- - _ _ - - •-- • - - - - -• . - - .
•
132 : _ • • _ _ r.• _ • _ . . . •_. : - • •• - - _ . . -- .
133 $1-50
134
•
Meter-Site-gm Inside-City Outside-City Deposit
inehes)
•
Meter-Site-gn Inside-City Outside-City Deposit
inches)
5/8 and 3/4 $220 $275 $100
4 $2 $315 $125
1 1/2 $155 $565 $250
$530 $660 $400
- . - _. . . _: . : : $750
customer
4 - . -- - _. . . •- - . _: _ - . X50
customer
- : •- - . _: ; . . . • - - - . $27500
eustemter
. - - - . _. . _ _ - : $4000
customer
135
8-26-24-Final(SRW)
Page 7 of 30
CODING: Words in stere-through type are deletions from existing law;
Words in underlined type are additions.
Deposit
374 $25 $-1.00
4- $2.5 $4-00
1 1/2 $25 $200
2 $25 $200
Hydrant motor X50 $600
136
137 If the customer requests to increase the size of his water meter to a size greater than
138 originally installed, the customer shall pay only the differential cost between the original meter
139 and the cost of the new meter for both the connection and deposit charges.
140 Section 5. Sec. 26-9.Water and wastewater rates and charges.
141 (a) The monthly rates and charges for water and wastewater shall be reviewed annually by the
142 Utilities Management,and the rates set by the Commission .Sneh
143 - • - - - - - o . : -• _ -• -• • - - - _ - - • -• -
•
144 - -• - • • - - - - •- - - - - --• • - .
145 (b) The maximum sewer commodity charge for residential customers (in city or outside city)
146 will be based upon a maximum sewer usage of ten thousand (10,000)
147 gallons per month. Commercial accounts will be billed sewer charges based upon total water
148 usage.
149 (c) For multi-family and commercial buildings (in city or outside city) in which several units
150 are serviced by a single meter,the base facility charge per meter shall be calculated by multiplying
151 the number of units times the standard base charges for water, sewer and stormwater. The billing
8-26-24-Final(SRW)
Page 8 of 30
CODING: Words in stere-through type are deletions from existing law;
Words in underlined type are additions.
152 for consumption shall similarly be calculated by dividing the total monthly consumption for each
153 meter by the number of units, in order to determine the billing rate and amount per unit, which is
154 then multiplied by the number of units on each meter. Billing for utility services for multi-unit
155 parcels shall commence on the first day that either a sewer connection is made or a water meter is
156 set in place.
157 (d) If the utility account is temporarily disconnected, there shall continue to be a minimum
158 charge for water and wastewater billed monthly and calculated at the base rate for the applicable
159 billing category.
160 Section 6. Sec. 26-16. Prerequisites to approval of development permit.
161 In connection with review of any proposed plans or specifications above described by the
162 designated municipal officials, the following shall be determined:
163 (a) That the size, location, and design of the pipes, pumps, lift stations or piping intended to
164 serve the area shall be sufficient to insufe ensure adequate flow and pressure;based upon the size,
165 height, and density of the subject development. In addition, it shall be affirmatively determined
166 that the off-site utilities are sized to comply with the Master Comprehensive Utilities Plan of the
167 city; provided, however, that if said compliance requires any oversizing of the pipes or piping
168 necessary to serve the subject development, the developer (or developers) by joint written
169 agreement with the City shall finance the needed areas'off-site utilities to a capacity necessary to
170 serve the property of the developer (or developers) in accord with the master plan and; any
171 oversizing of said off-site utilities constructed in accord with the master plan shall be initially
8-26-24-Final(SRW)
Page 9 of 30
CODING: Words in stfike-through type are deletions from existing law;
Words in underlined type are additions.
172 financed by the developer (or developers) unless, in response to the developer's request, the city
173 council commission agrees to fund the oversizing costs in an amount equal to the oversizing costs
174 plus fifteen (15) percent an administrative fee eest to be paid by the developer (or developers);
175 additionally provided that the owner may pay the costs of such oversizing with such costs to be
176 accounted as a credit against the owner's capital facilities charge
177 hereef. In addition,the proposed system shall provide adequate fire prevention needs and adequate
178 safeguards in the proposed system to provide emergency service in the event of accidental
179 breakage and loss of pressure within said system as determined by the city.
180 Section 7. Sec. 26-31. Financing.
181 (a) Design by city. In all cases, developers and/or property owners will extend monies to the
182 city to cover the cost of initiating and designing all or any portions of the transmission, collection
183 and treatment facilities. This will-lF)eeet )`fee will be established in the City's fee schedule
184 and be based on a percent of the total estimated cost of any project as determined by the city's
185 engineers.
186
187 Section 8. Sec. 26-34. Capital facilities charges and connection charges.
188 (A) CAPITAL FACILITIES CHARGE IMPOSED. When property receives water and/or
189 sewage service from systems owned or controlled by the city,the owner of such property shall pay
190 unto the city a-the water and/or sewage capital facilities charge as=set forth in the City's
191 fee schedule.
8-26-24-Final(SRW)
Page 10 of 30
CODING: Words in stere-threugh type are deletions from existing law;
Words in underlined type are additions.
192 (1) Water:
193 (a) Residential property located within the municipal limits of Boynton Beach.—One
194 _ . _. _ . . . , .!! Fee charged per equivalent dwelling unit.
195 "Equivalent dwelling unit" is defined as a unit of construction having the same water usage as a
196 one-bedroom single-family home, and the number of equivalent dwelling units, for the purpose of
197 this calculation,contained within the property shall be determined in accordance with the schedule
198 set forth below in subparagraph(3) and the City's fee schedule.
199 (b) Nonresidential property located within the municipal limits of Boynton Beache
200 ., . _ . _. _ _ . . . . . _ __ - , • : ! Fee charged per t#ree-quafter
201 inch by five eighths inch(3/"x 5/8")meter equivalent(ME). The table below indicates for various
202 meter sizes the numbers of 3/" x 5/8" MEs and the charges.
203
Meter-Size 3h" .E . - . . . . •
-
Met,., er SiSize 3/4" x 5/8" ME - - - - - •• - -
3/" x 5/8" 1.0 $1,570.80
-1 2.5 $3,927.00
1 1/2" 5 0 $7,851.00
8-9 $12,566.10
17.5 $27,189.00
4 3-1-5 $19,180.20
65.0 $102,102.00
8" 1-40 9 $ 00
10" 210.0 $329,868:08
204
205 (c)Residential property located beyond the municipal limits of Boynton Beach but within the
206 utility service area—. e = . t: - _ . . , ! .t t Fee charged per
8-26-24-Final(SRW)
Page 11 of 30
CODING: Words in stere-through type are deletions from existing law;
Words in underlined type are additions.
207 equivalent dwelling unit. "Equivalent dwelling unit"is defined as a unit of construction having the
208 same water usage as a one-bedroom single-family home, and the number of equivalent dwelling
209 units, for the purpose of this calculation, contained within the property shall be determined in
210 accordance with the schedule set forth below in subparagraph (3) and the City's fee schedule.
211 (d)Nonresidential property located beyond the municipal limits of Boynton Beach but within
212 the utility service area-.! - - . • . - _ . _. •• . . .,-• - __ ,G : . !
213 . - . -- • - ., - - • - :" Fee charged per meter equivalent (ME).
214 . . _ .. . . - - - - . 3 " :" : • - _• . __ ,
Mctcr Size %" x 5/8" ME
Charge
Meter-Size 3/" x 5/8" ME
Charge
3,‘" x 5/8" -1,0 $1,952.50
24 $4,906.25
4_W! 5.0 $9,812.50
870 X135700:00
1-74 $31,313.75
4" 31.5 $61,818.75
65,0 $127,562.50
1
l��� T"0 0 $2-747-750;00
402 24-0;0 $44-20-25,40
215
216 (2)Sewage:
217 (a)Residential property located within the municipal limits of Boynton Beach.
218 Fee charged per equivalent dwelling unit. "Equivalent dwelling unit"
219 is defined as a unit of construction generating the same amount of sewage as a one-bedroom single-
8-26-24-Final(SRW)
Page 12 of 30
CODING: Words in Hugh type are deletions from existing law;
Words in underlined type are additions.
220 family home, and the number of equivalent dwelling units, for the purpose of this calculation,
221 contained within the property shall be determined in accordance with the schedule set forth below
222 in subparagraph(3) and the City's fee schedule.
223 (b) Nonresidential property located within the municipal limits of Boynton Beach. Nine
224 • . • : _. •- . _ . . .. • :, • .! ! • - -- - . • - • -• - _ t• - - _ " :" Fee
225 charged per meter equivalent(ME). - . . _ . _ . . _• : - . . • - _ _ _ - • . . _
226 of X" x 5/8" MEs and the charges.
Meter-Size X" x 5/8" ME
Charge
Mme;-tee X" x 5/8" ME
Charge
3,C" x 5/8" 44) X00
4-' $2,327.50
4_440 $4, 00
S70 S-7448700
4-74 $16,292.50
4 31-5 $29,326.50
62 X5:0 $607-54-5700
4 $4-305-340=00
44, 24):9 $195- .000
227
228 (c)Residential property located beyond the municipal limits of the City of Boynton Beach
229 but within the utility service area. -• . -. - - . . .!! Fee charged per
230 equivalent dwelling unit. "Equivalent dwelling unit" is defined as a unit of construction generating
231 the same amount of sewage as a one-bedroom single-family home, and the number of equivalent
232 dwelling units, for the purpose of this calculation, contained within the property shall be
8-26-24-Final(SRW)
Page 13 of 30
CODING: Words in ugh type are deletions from existing law;
Words in underlined type are additions.
233 determined in accordance with the schedule set forth below in subparagraph(3)and the City's fee
234 schedule.
235 (d) Nonresidential property located beyond the municipal limits of Boynton Beach but
236 within the utility service area. ` - . . -• . • . -- . . .. . •- - -
237 ($1,163.75) per three quarter inch by five eighths inch (34"x 5/8") Fee charged per meter
238 equivalent (ME). Y. _ : _ . _ . . _. _ _ - _ _ _ _ . . _ . 3." :"
239
240 _
Meter Meter Size 3/_11 x 5/8/1 ART,
-Size 'fa--ern v�rr�
Charge
Meter-Size
e 3/" x 55/8Irl 4E
Charge
3,4" x 5/8" $1,163.75
24 $2,909.38
4-4/ 544 $5,818.75
500
17.5 $'063
4" 31.5
6p2
/ 1 0 $75,613.75
4488
$462792-5700
62
402 210.0 $211,387.50
241
242 Said capital facilities charge is designed to cover the cost of existing or additional raw water
243 production facilities, water treatment facilities and water distribution facilities together with
244 sewage transmission facilities either existing or additions and improvements thereto which will
245 be utilized by the city to provide water and sewer service to said property. Said capital facilities
246 charge shall be paid in full prior to the execution of the Health Department applications or approval
8-26-24-Final(SRW)
Page 14 of 30
CODING: Words in strike-threugh type are deletions from existing law;
Words in underlined type are additions.
247 of the plans by the Utilities Department or issuance of the first permit of the project on the owner's
248 or development property or installation of the first water meter on the owner's property,whichever
249 is achieved first, and shall be computed based upon the rate in effect upon that date.
250 If oversizing funding has been carried out by a developer (or developers) that funding will
251 have a capital facility charge credited in an amount no greater than the oversizing charge portion
252 of the cost of original construction. Oversizing costs shall be defined to be the relative carrying
253 capacity of the oversized lines as constructed versus the carrying capacity of the minimum sized
254 lines that would have been required to serve the development (or developments) participating in
255 the funding_
256
257
Developer(o)-Capital Oversized-Line
Charge-Credit-as-a as-Required-by-the Required-to-Serve
Percent Master
of-Costs
(Col. A x Col. B Costs)
41.114%, 20 -16
;473-59 20 42
28.571 4-6 4-4
52.381 46 42
X429 46 40
37.300 4-2 1-0
65.517 42
84.127 1-2 6
258
8-26-24-Final(SRW)
Page 15 of 30
CODING: Words in stere-Neagh type are deletions from existing law;
Words in underlined type are additions.
•
259 _ ".: . : •: . _ • : . : : : • - ;• . " : .. .• .. __ : _ ;.
260 - _ . .
261 If in providing water or sewer service to an owner or developer,the city utilizes a part or parts
262 of already installed city facilities that have been oversized pursuant to division 1 of this article,the
263 responsibilities of each developer receiving such service subsequent to the trunk line construction
264 agreement for connecting to a system that has been previously oversized, will be to pay the
265 proportional share (this developer(s) equivalent dwelling units as a percent of total equivalent
266 dwelling units to be served by the oversize pipe) of the total cost(engineering, construction, etc.)
267 of the system plus the following:
268 (a)An adjustment equal to the engineering consumer price index increase,if any, since the
269 contract date of the construction of the oversizing.
270 (b)An adjustment that represents the interest(assumed-to-be-WO that the city would have
271 earned if the related capital facility charge credits were not given to the developer or developers
272 who funded the oversizing.
273 (c) An adjustment that represents an administrative charge to the city for handling the
274 oversizing negotiations and procedures; the amount to be established in the City's fee
275 schedul
276 (d) Equivalent dwelling units capital facilities charge then in effect for water and sewer
277 services in accord with this chapter as amended.
8-26-24-Final(SRW)
Page 16 of 30
CODING: Words in stfike4hreugh type are deletions from existing law;
Words in underlined type are additions.
278 . - . . . _ „ __ _ • • - . _ _ ..! __ ,• .
•
•
•
279 - - - . - - - ' ., - -- • - - . . _ - -
280 - - - _ •. . . - __ - -- .. - - ., ...
•
•
281 . - - - • r • -- • - - - . _ - • - _ •- • . . . .
•
282 - : . . . - - : • : ::•- t: :• : : _• • — : _ :' . • -
283 - - . . _. ., _ - • - - • =- _ . . . _ :
284 . ! ! . . _ • _ _ _ . •. . _ . . _ . . . . . .: - .. . . .. . . . ..
285 ... • - _. . . - . . .• _ 4 . . . . . .
286 (3) tTables set forth in the City's fee schedule shall be used to determine the
287 number of equivalent dwelling units and capital facilities charges for residential property with the
288 indicated number of bedrooms.:
289
Single-Family lade-City
ater Sewer liter Sewer
1 Bedroom Unit (4 0- $1,1 egg $1,402.50 $831.25
2 Bedroom Unit(1.4) $1757040 $9300 $1,963.50 $1,163.75
QM-9A° - 8471-97700 $2,524.50 $1,496.25
$2,23 24400 _ X330.00 $2780500 $1,662.50
•
$2,168.10 X463.00 $3,085.50 $1,828.75
290
Apartments Inside-City Outside-City
mer Sewer Water Sewer
$847760 $`3 9 $4421440 $665700
$1,346.10 P848 81,68300 $997.50
3 Bedroom Unit(1.6) $1,795.20 $470644g0 .$2;2-444210 $1 0
291
8-26-24-Final(SRW)
Page 17 of 30
CODING: Words in ugh type are deletions from existing law;
Words in underlined type are additions.
292 For single-family dwellings with greater than five bedrooms,an additional 0.2 equivalent dwelling
293 units shall be added to the multiplier for each additional bedroom beyond five, and the capital
294 facilities charges shall be computed employing said multiplier.
295 Any subdivision where each unit will be responsible for their own water will be classified under
296 single-family.
297 Duplexes are classified under apartments and multiplied by the number of bedrooms. Example: if
298 three bedrooms per apartment,multiply the cost of three-bedroom apartment x 2.
299 Mobile homes and trailers are classified as having one equivalent dwelling unit (per City
300 Ordinance 80-10) and are charged the same as a one-bedroom unit.
301 (B)USE OF FUNDS.All revenues derived from the charges imposed by this section,in excess
302 of the sums required for actual reimbursement of costs for connection, shall be placed in a separate
303 capital improvement fund to be known and designated as Capital Improvement Account of the
304 Water and Sewers Utilities Fund,and shall be used only for the construction,acquisition,addition,
305 extension,renewal and replacement of water and sewage systems of the city, as appropriated from
306 time to time by the Commission. If funds are not available in this fund either through revenue from
307 capital facility charges or balance from bond issue,for the city to approve a project to extend water
308 and sewer systems, the developer may advance fees to the utility trust fund.
309 (C) WATER CONNECTION CHARGE. When property receives water service from the city
310 facilities,the owner of such property shall pay unto the city a water connection charge,based upon
311 the size of the service line and meters, for the cost of making the tap into the city system,
8-26-24-Final(SRW)
Page 18 of 30
CODING: Words in stFike-direugh type are deletions from existing law;
Words in underlined type are additions.
312 installation of the service lateral and meters, together with the cost of the meters themselves. Said
313 water connection charge shall be provided by the city commission, as same shall from time to time
314 be amended.
315 (D)SEWER CONNECTION CHARGE. When property receives sewage service from the city
316 facilities and the owner of such property requests that the city install the service lateral and make
317 the actual tap into the city system, the owner shall pay to the city the total cost of all labor
318 performed and material supplied prior to the city performing such services.
319 (E) CAPACITY RESERVATION FEES. Any person or property owner requesting a firm
320 reservation of water and/or sewage treatment capacity shall pay the city a reservation fee for said
321 capacity. The reservation fee is intended to equal the costs for financing the necessary capacity
322 and administering this program, and all revenues therefrom shall be placed in the capital
323 improvement fund described in this section. As such, tThe reservation fee is-hereby shall be
324 established ,in the City's fee schedule for each year that capacity
325 is to be reserved.
326
Type-of-Dwelling enIB
Residential-Units Fee
(ms)
ConversionL act..
Fee
ogRuis
D esidentia1.
-179 $ 13S.60
8-26-24-Final(SRW)
Page 19 of 30
CODING: Words in she Brough type are deletions from existing law;
Words in underlined type are additions.
5/8" x 3/1" -1-0 4-38:60
279 101.91
4:8 1,358.28
Nonresidential «o ete.
5/8" x 3/4" 3:4 1-944
42 6 790.02
4442 8 1,205.82
4-572 2,106.72
3-' 37.4 5,183.61
4" 59.5 $52467-70
6-' 232.1 3- 1�-ivr06
327
328 In cases where the required information is not available in sufficient detail to apply-the-abeve
329 calculate the capacity reservation fee, a projected flow or demand for the project, certified by a
330 professional engineer registered in the State of Florida, shall be required. One(1) E 1 T shall then
331 . _ _. . _ __ _ : . . . ° . . _
332 The reservation fee shall be due and payable at any of the following instances, whichever
333 occurs first:
334 (1) At time of concurrency review and certification; or
335 (2)Upon request for written confirmation of capacity reservation; or
336 (3)Upon request for the utilities director's signature on department of health and rehabilitative
337 services or department of environmental regulation permit applications for water and/or sewer
338 main extensions; or
339 (4) Upon issuance of a development order by the city; or
340 (5) Upon renewal of an existing development order by the city.
8-26-24-Final(SRW)
Page 20 of 30
CODING: Words in sicike-threugh type are deletions from existing law;
Words in underlined type are additions.
341 Reservation fees shall serve to reserve capacity for a period not to exceed one(1) year. If the
342 property owner has not paid all applicable capital facilities charges prior to expiration of the
343 reservation fees, then the fees must be renewed at the rate in effect at that time. Reservation fees
344 are not refundable for any portion of the year during which construction occurs.
345 The property owner,may,at his discretion,pre-pay all required capital facilities charges in lieu
346 of paying reservation fees. In such instances, firm capacity would be reserved indefinitely without
347 need for annual renewal.
348 Section 9. Sec. 26-44. Penalties.
349 Violation of any provision of this article shall be subject to the fllewing-penalties:set forth in the
350 City's fee schedule.
351 First violation: twenty five dollars($25.00)
352 - - . . . _ •. . • - - --. - - . !! !! . .
•
•
•
•
353 - •- - - --. • - . ! . .
354 Each day in violation of this article shall constitute a separate offense. In the initial stages of a
355 water shortage or water shortage emergency,law enforcement officials may provide violators with
356 no more than one (1) written warning. The city, in addition to the criminal sanctions contained
357 herein, may take any other appropriate legal action, including but not limited to emergency
358 injunctive action, to enforce the provisions of this article.
8-26-24-Final(SRW)
Page 21 of 30
CODING: Words in strike-thretgh type are deletions from existing law;
Words in underlined type are additions.
359 Section 10. Sec. 26-46. Year-round landscape irrigation conservation measures.
360
361 (g)Penalties.
362 (1)Violation of any provision of this section shall be subject to the following penalties=set
363 forth in the City's fee schedule.
364 - . . • - - . - - . • e;
365 b. For a second violation, by a tine not to exceed $150; and
366 C. For a third violation, by a fine not to exceed $250 and by termination of water
367 service to the premises until the violation is corrected.
368
369 Section 11: Sec.26-126. Written permit to be obtained, application, inspection fee.
370 Before the commencement of construction of a private sewage disposal system, the owner shall
371 obtain a written permit signed by the authorized city official. The application for the permit shall
372 be made on a form furnished by the city which the applicant shall supplement by with any plans,
373 specifications, and other information as are deemed necessary by the authorized city official. A
374 permit and inspection fee of$50 shall be paid to the city at the time the application is filed.
375 Section 12. Sec. 26-162. User charges; wholesale sewer rates; calculation of sewer
376 surcharge.
377
378 (c) Calculation of sewer surcharge.
8-26-24-Final(SRW)
Page 22 of 30
CODING: Words in ugh type are deletions from existing law;
Words in underlined type are additions.
379 ...
380 (2)The surcharge will be added to the sewer rate set forth in the City's fee schedule to develop
381 the monthly cost per customer. As an example of sewer charge calculations utilizing sewer rate
382 and the strength surcharge formula, assume the following with respect to Ajax Manufacturing
383 Company: total monthly flow of 100,000 gallons; COD of 900 mg/1; BOD5 of 500 milligrams per
384 liter; total suspended solids of 900 milligrams per liter; for example purposes, Prevailing monthly
385 sewer rate is $1.52 per 1,000 gallons.
386 .
387
388 Section 13. Sec.26-164 Industrial cost recovery system.
389
390 (b)The annual cost recovery is f llowm for the
391 (-I-)SIU Industrial Permit Fe
392 (2) or Commercial/Industrial User Fe shall be set forth in the
393 City's fee schedule.
394 Permit fees, commercial/industrial user fees and related monitoring costs reimbursements
395 must be paid within 30 days of permit issuance or receipt of monitoring cost recovery notice.
396 Commercial/industrial user fees will be billed as a new line item on the prevailing water/sewer
397 bill prorated over a period of 12 months,but billed monthly; : -- . - .. • - . .. •. • -
398 with a service charge added to the prevailing water/sewer bill.
8-26-24-Final(SRW)
Page 23 of 30
CODING: Words in stFike4Iffeugh type are deletions from existing law;
Words in underlined type are additions.
399 ...
400 Section 14. Sec. 26-177. Penalties.
401 Failure to comply with any Chapter 26 ordinances that relate to the actual and/or potential
402 introduction of prohibited and/or restricted effluents into the sanitary sewer system requires
403 penalties as mandated by federal law; e.g. Federal Pretreatment Regulations Section
404 403.8(f)(1)(vi)(A)a mquifeswhich establishes minimum penalties in—at—least—the—amount—of
405 X000.00-per day per violation which goes uncorrected.
406 (a)Any user who is found to have violated an order of the city or who fails to comply with any
407 provision of this chapter for which another penalty is not provided, and the orders, rules, and
408 regulations issued hereunder, shall be penalized in at4east the amount set forth in the City's fee
409 schedule ef-$1-,000 per day for each offense. Each day on which a violation shall occur or continue
410 shall be deemed a separate and distinct offense. Such fines shall be assessed on a per violation,per
411 day basis. In the case of monthly or other long-term average discharge limits, fines shall be
412 assessed for each day during the period of violation. A lien against the user's property will be
413 sought for unpaid charges, fines and penalties. In addition to the penalties provided herein, the
414 city may recover all reasonable attorneys'fees,court costs,court reporters'fees,and other expenses
415 of litigation by appropriate motions or suit at law against the user or person found to have violated
416 this chapter or the orders, rules,regulations, and permit issued hereunder.
417 (b) Penalties for continuing violations. Any person who shall continue any violation beyond
418 the time limit provided for in Section 26-166(a) shall be guilty of a violation, and on conviction
8-26-24-Final(SRW)
Page 24 of 30
CODING: Words in stFike4ltreugh type are deletions from existing law;
Words in underlined type are additions.
419 thereof, shall be penalized ' up to the maximum amounts set
420 forth in the City's fee schedule for each offense. Each day in which any violation shall continue
421 shall be deemed a separate offense.
422 (c) Whoever violates Section 26-171 shall, upon conviction, be punished by a fine in
423 the minimum amounts set forth in the City's fee schedule or by imprisonment
424 for not more than 60 days, or by both.
425
426 Section 15. Sec. 26-404. Billing and payment; penalties.
427
428 (b) For properties normally receiving monthly utility bills for other services, the stormwater
429 utility fee shall be included in the monthly utility bill rendered to the established customer. At the
430 discretion of the Utility city Finance Director, fee waivers for short-term inactive utility accounts
431 accruing fees of$10 or less than the amount established in the City's fee schedule in a six-month
432 period may be made for purposes of administrative convenience.
433
434 Section 16. Sec. 26-406. Capital contributions.
435 Procedures and standards developed by the Utility Director shall define appropriate means by
436 which to optimize development capital contributions in the implementation of basic specific
437 stormwater systems. These basic specific capital contributions shall take the form of"fee-in-lieu-
8-26-24-Final(SRW)
Page 25 of 30
CODING: Words in stfike-threugh type are deletions from existing law;
Words in underlined type are additions.
438 of'or"availability charges". Each situation will be analyzed by the Utility Director, and a specific
439 written decision will be developed. The application is defined as follows:
440
441 (3)The"fee-in-lieu-of'capital contribution for properties redeveloping within the Downtown
442 Stormwater Improvement Watershed; and utilizing the installed stormwater treatment and/or
443 conveyance facilities within that watershed; shall be levied in accordance with the City's fee
444 schedule. as-fellows:
445 . . . . _ . _ . . ., _ . . . . _ a . .
•
•
446 .. - . . .. _ . . : . . ' , '. .
•
•
447 . . . - . . •. . .. _ . . . : _ e . . ' .. . e . . ' .
448 This fee shall be paid prior to the issuance of a building permit for new construction and/or
449 redevelopment in the Downtown Watershed.
450 Section 17. Sec.26-408. Stormwater utility enterprise fund.
451 There shall be established a stormwater utility enterprise fund for the deposit of all fees and
452 charges collected by the stormwater utility. These funds shall be for the exclusive use of the city's
453 stormwater management utility including, but not limited to, the following:
454
455 (4) Administrative costs associated with the management of the stormwater utility fee. A
456 maximum amount established in the City's fee schedule of$2,000 may be transferred to the general
457 fund annually for administrative costs.
8-26-24-Final(SRW)
Page 26 of 30
CODING: Words in strike-through type are deletions from existing law;
Words in underlined type are additions.
458
459 Section 18. Sec. 26-210. Fees and permits.
460 The city shall levy a fee for testing (and re-testing as necessary) all devices (including backflow
461 devices)based upon program cost administration, as set forth in the City's fee schedule.
462 Fee-Sehet A
463 FEE SCHEDULE A
464
465
Fee
Fee
' -
Annool- est X00
Each-Fe test due to f ilure X00
Annual-test $50.00
Each Fe test due to f ilure X00
S-50700
Eaeh-r-e-test-due-te-faitufe S-50440
."
550.00
Deposit 00
0
466
8-26-24-Final(SRW)
Page 27 of 30
CODING: Words in she-tlreugh type are deletions from existing law;
Words in underlined type are additions.
467 NOTE: For billing purposes, units mounted in parallel on a single service line or fire line will
468 be considered as one unit. Other units at the same site, but on separate lines, will be billed as
469 separate units.
470 Section 19. Sec. 26-212. Penalties.
471 ...
472 (b) Any person who violates any of the provisions of this article shall be liable to the city for
473 all costs and damages incurred by the city as a proximate result of such violation plus a fine np40
474 per day not to exceed the amount set forth in the City's fee schedule.
475 Section 20. Conflicts. That all Ordinances, parts of Ordinances, Resolutions, or
476 parts of Resolutions in conflict herewith,be and the same are repealed to the extent of such conflict.
477 Section 21. Severability. If any clause, section, or other part of this Ordinance shall be
478 held by any court of competent jurisdiction to be unconstitutional or invalid, such unconstitutional
479 or invalid part shall be considered eliminated and in no way affect the validity of the other
480 provisions of this Ordinance.
481 Section 22. Codification. It is the intention of the City Commission of the City of
482 Boynton Beach, Florida, and it is hereby ordained that the provisions of this Ordinance shall
483 become and be made a part of the Code and Ordinances of the City of Boynton Beach, Florida,
484 and that Sections of this Ordinance may be renumbered,re-lettered and the word"Ordinance"may
485 be changed to "Section," "Article," or such other word or phrase in order to accomplish such
486 intention.
8-26-24-Final(SRW)
Page 28 of 30
CODING: Words in same-ttiretgh type are deletions from existing law;
Words in underlined type are additions.
487 Section 23. Effective Date. That this Ordinance shall take effect immediately
488 upon passage.
489
490 (REMAINDER OF THIS PAGE INTENTIONALLY LEFT BLANK)
8-26-24-Final(SRW)
Page 29 of 30
CODING: Words in strike-t rough type are deletions from existing law;
Words in underlined type are additions.
491 FIRST READING this 3rd day of September 2024.
492 SECOND, FINAL READING AND PASSAGE this 23rd day of September 2024.
493 CITY OF BOYNTON BEACH, FLORIDA
494 YES NO
495
496 Mayor—Ty Penserga
497
498 Vice Mayor— Aimee Kelley
499
500 Commissioner— Woodrow L. Hay ./
501
502 Commissioner—Angela Cruz ./
503
504 Commissioner—Thomas Turkin
505
506 VOTE S C�
507 AT ES :
508
509 .-
510 Maylee DeJe. MC Ty rf 7024/
511 City Clerk Mayor
512
513 APPROVED AS TO FORM:
514 (Corporate Seal) ;=F BOYAtT\�
515 '`', .•'GORPp,.•/ji i�
516 i V; jS'r �E`�� #� ac4)4aY6
517 ;mIc A L :0 Shawna G. Lamb
518 t 19RATFpI s City Attorney
( , .•••••••••• i
,‘‘.‘°RIDA
8-26-24-Final(SRW)
Page 30 of 30
CODING: Words in c'•- sough type are deletions from existing law:
Words in underlined type are additions.