HomeMy WebLinkAboutResolution No. 2017-08 RESOLUTION NO. 2017-08
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CAPE
CANAVERAL,BREYARD COUNTY,FLORIDA; ESTABLISHING THE
CITY'S RECLAIMED WATER RATES IN ACCORDANCE WITH
ARTICLE IV OF CHAPTER 78 OF THE CITY CODE FOR CITY
FISCAL YEARS 2016/2017 THROUGH 2020/2021; PROVIDING FOR
THE REPEAL OF PRIOR INCONSISTENT RESOLUTIONS;
INCORPORATION INTO APPENDIX B, SCHEDULE OF FEES;
SEVERABILITY AND AN EFFECTIVE DATE.
WHEREAS, the City is granted authority under Section 2(b), Article VIII, of the State
Constitution to exercise any power for municipal purposes, except when expressly prohibited by
law, and
WHEREAS, Article IV of Chapter 78 of the Cape Canaveral Code of Ordinances
establishes the City's reclaimed water utility; and
WHEREAS, section 180.13(2), Florida Statutes, provides that the City Council may
establish just and equitable rates or charges to be paid to the City for the use of utilities by each
person, firm or corporation whose premises are served thereby; and
WHEREAS, section 78-180 of the Code of Ordinances requires that rates for reclaimed
water services be established by resolution of the City Council; and
WHEREAS,Raftelis Financial Consultants, Inc. recently completed a Sewer System Rate
Study dated February 2017("the Study"),which includes findings,conclusions,recommendations
and supporting analysis related to reclaimed water rates; and
WHEREAS,after careful consideration and deliberation, and after considering the Study,
the City Council deems it is in the best interests of the public health, safety and welfare of its
citizens to establish and adopt the reclaimed water rates set forth herein, which rates are hereby
found to be just and equitable.
NOW, THEREFORE, BE IT DULY RESOLVED BY THE CITY COUNCIL OF
THE CITY OF CAPE CANAVERAL, BREYARD COUNTY, FLORIDA,AS FOLLOWS:
Section 1. Recitals. The foregoing recitals are hereby deemed true and correct and are hereby
fully incorporated herein by this reference as a material part of this Resolution.
Section 2. Amendment to Appendix B, Schedule of Fees, Related to Reclaimed Water
Rates. The City Council of the City of Cape Canaveral hereby adopts the following amendments
to the Cape Canaveral Code of Ordinances, Appendix B, Schedule of Fees (underlined type
indicates additions to and stril etitro••gh type indicates deletions from the existing text in Appendix
B):
APPENDIX B—SCHEDULE OF FEES
City of Cape Canaveral
Resolution No.2017-08
Page 1 of 3
***
CHAPTER 78. UTILITIES
***
Article IV. Reclaimed Water
***
(d) Reclaimed water rates shall be charged based on Equivalent Reclaimed Irrigation
Connections ("ERICS") established by the size of the customer's connection to the City's
reclaimed water system as follows:
1-inch diameter connection= 1 ERIC
2-inch diameter connection=4 ERICS
4-inch diameter connection= 12 ERICS
Each customer class shall be charged the flat rate per ERIC identified below for reclaimed
water service. New rates shall take effect on October Pt of each year.
Reclaimed Water Flat Rate 2012/13 2013/14 2014/15 2015/16
Per ERIC
All Customer $6.33 $6.65 $6.99 $7.34
Classes4
Reclaimed Water Flat Rate 2016/17 2017/18 2018/19 2019/20 2020/21
Per ERIC
All Customer $7.34 $7.53 $7.72 $7.92 $8.12
Classes'
1-Does not include wholesale, bulk,large user or other customer under separate contract or agreement with
the City.
***
Section 3. Incorporation into Appendix B, Schedule of Fees. The fee schedule set forth in
this Resolution shall be incorporated into Appendix B, Schedule of Fees, to the Cape Canaveral
Code of Ordinances and any section, paragraph number, letter or heading in Appendix B may be
changed or modified as necessary to effectuate the foregoing. Grammatical,typographical and like
errors may be corrected and additions, alterations and omissions, not affecting the construction or
meaning of this Resolution and the City Code,may be freely made.
City of Cape Canaveral
Resolution No.2017-08
Page 2 of 3
Section 4. Repeal of Prior Inconsistent Resolutions. All prior inconsistent resolutions
adopted by the City Council, or prior resolutions in conflict herewith, are hereby repealed to the
extent of the conflict.
Section 5. Severability. If any section, subsection, sentence, clause, phrase, word or portion
of this Resolution is for any reason held invalid or unconstitutional by any court of competent
jurisdiction, such portion shall be deemed a separate, distinct and independent provision and such
holding shall not affect the validity of the remaining portions of this Resolution.
Section 6. Effective Date.This Resolution shall become effective immediately upon adoption
by the City Council of the City of Cape Canaveral, Florida. However, the rates established under
this Resolution for City fiscal year 2016/2017,which are the same rates as the previous City fiscal
year, shall be deemed effective retroactively from October 1, 2016.
ADOPTED at a Regular Meeting of the City Council of the City of Cape Canaveral,
Florida, assembled this 18th day of July, 2017.
Bob Hoog, Mayor
ATTEST: Name FOR AGAINST
Mike Brown x
Mia Goforth,CMC, Bob Hoog x
City Clerk
Brendan McMillin Second
Rocky Randels Motion
Betty Walsh x
Approved as to legal form and sufficiency
For the City of Cape Canaveral only by:
Anthony A. Garganese, City Attorney
City of Cape Canaveral
Resolution No.2017-08
Page 3 of 3