HomeMy WebLinkAboutResolution No. 2017-09 RESOLUTION NO. 2017-09
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CAPE
CANAVERAL, BREVARD COUNTY, FLORIDA; REVISING THE
CITY'S SANITARY SEWER SERVICE FEE SCHEDULE IN
ACCORDANCE WITH ARTICLE III OF CHAPTER 78 OF THE CITY
CODE FOR CITY FISCAL YEARS 2016/2017 THROUGH 2020/2021;
REPEALING THE RENTAL PROPERTY RATE CATEGORY AND
PROVIDING FOR RATIFICATION OF SEWER RATES FOR SEWER
CUSTOMERS AFFECTED BY SAID REPEAL; 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 II of Chapter 78 of the Cape Canaveral Code of Ordinances
establishes the City's sanitary sewer system; and
WHEREAS, Article III of Chapter 78 establishes the service rates, deposits and billing
procedures for the City's sanitary sewer customers; 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 78-152 of the Code of Ordinances requires that all revisions to
sanitary sewer rates be approved 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 the City's sanitary sewer rates; and
WHEREAS, based on the recommendations of the Study, the City Council desires to
revise the fees and charges related to its sanitary sewer system and to eliminate a classification for
rental property; 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 to update and revise the City's sanitary sewer system rates and charges as 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, BREVARD COUNTY, FLORIDA,AS FOLLOWS:
City of Cape Canaveral
Resolution No.2017-09
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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 Sanitary Sewer
Service 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 strikethrough type indicates deletions from the existing
text in Appendix B):
APPENDIX B—SCHEDULE OF FEES
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CHAPTER 78. UTILITIES
Article III. Service Rates, Deposits and Billing Procedures
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(b) Schedule offees.
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(4) Rental property: Any individual connection held, used or controlled for multiple
(5) (4) Equivalent residential unit (ERU): One ERU shall be equal to one detached
residential dwelling unit with an individual water meter of 0.75 inches or less. ERUs for all
connections other than: (i)residential dwelling units with an individual water meter of 0.75 inches
or less; and (ii)multi-family; shall be pursuant to the following basis:
ERU Basis
(A) For Single-Family,Multi-Family,Commercial and Public Buildings
Meter Size ERU
0.75" 1.00
1.0" 2.50
1.5" 5.00
2.0" 8.00
City of Cape Canaveral
Resolution No.2017-09
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3.0" 15.00
4.0" 25.00
6.0" 60.00
8.0" 80.00
(B) For rental property: The number of ERUs for rental property
connections shall be equal to the total number of individual dwelling units
multiplied by a factor of 0.75 ERU.
2012/13 2013/14 2014/15 2015/16
Customer Charge per Bill
All Classes $1.74 $1.83 $1.93 $2.03
Readiness to Serve Charge
Single Family $14.96 $15.74 $46-50 $47.33
Commercial $18.71 $19.65 $20.64 $21.68
Rental-Property $14.96 $16.71 $16.50 $17.33
Public Building $14.96 $15.71 $16.50 $17..33
User Rate per 1,000 gallons
Single Family
Commcreial $4.86 $6.11 $6.37 $6.64
Rental-Property $6.07 $6.38 $6.70 $7.04
Public Buildings $4.86 $5.11 $6.37 $6.64
Sewer Flat Rate
Multifamily $26.64 $26.93 $28.28 $29.70
(B) SCHEDULE OF RATES.
2016/17 2017/18 2018/19 2019/20 2020/2021
Customer Charge per Bill
All Classes $2.03 $2.09 $2.15 $2.21 $2.27
Readiness to Serve Charge
per ERU
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Resolution No. 2017-09
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Single Family $17.33 $17.77 $18.22 $18.68 $19.15
Commercial $21.68 $22.23 $22.79 $23.36 $23.95
Public Buildings $17.33 $17.77 $18.22 $18.68 $19.15
Usage Rate per 1,000 gal.
Single Family $5.64 $5.79 $5.94 $6.09 $6.25
Commercial $7.04 $7.22 $7.41 $7.60 $7.79
Public Buildings $5.64 $5.79 $5.94 $6.09 $6.25
Sewer Flat Rate
Multi-Family $29.70 $30.45 $31.22 $32.01 $32.82
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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.
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. Repeal of Rental Property Rate; Ratification of Rate. The sewer rate for
Rental Property established by Resolution No.2012-06 was never implemented by the City. Sewer
customers that would have fallen within this rate category continue to be charged under the
commercial rate category. Because the commercial rate resulted in a lower sewer rate being paid
by the affected sewer customers, the City Council hereby ratifies all previous sewer charges
imposed by the City on the affected Rental Property customers from the effective date of
Resolution No.2012-06 and no refund is owed to said customers.Furthermore,the Rental Property
rate category,as stated above,is hereby expressly repealed and retroactively deemed null and void
from the date that Resolution No. 2012-06 became effective,and sewer customers that would have
fallen under the Rental Property category shall continue to be charged under the commercial rate
category.
Section 7. 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.
City of Cape Canaveral
Resolution No.2017-09
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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 Second
Mia Goforth, CMC Bob Hoog x
City Clerk
Brendan McMillin Motion
Rocky Randels x
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. 2017-09
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