HomeMy WebLinkAboutcocc_ordinance_no_16-2022_20220719ORDINANCE NO. 16-2022
AN ORDINANCE 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 2022/2023 THROUGH
2026/2027 SUBJECT TO AN ANNUAL REVIEW OF THE RATE SCHEDULE
ADOPTED HEREUNDER BY THE CITY COUNCIL; PROVIDING FOR
RATIFICATION OF SEWER RATES FOR SEWER CUSTOMERS; PROVIDING
FOR THE REPEAL OF PRIOR INCONSISTENT ORDINANCES AND
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 the City Council; and
WHEREAS, Raftelis Financial Consultants, Inc. recently completed a Sewer System Rate
Study dated May 2022 ("the Study"), which includes findings, conclusions, recommendations and
supporting analyses 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
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 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 ADOPTED BY THE CITY COUNCIL OF THE CITY OF
CAPE CANAVERAL, BREVARD COUNTY, FLORIDA, AS FOLLOWS:
City of Cape Canaveral
Ordinance No. 16-2022
Page 1 of 4
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 Ordinance.
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
***
CHAPTER 78. UTILITIES
Article III. Service Rates, Deposits and Billing Procedures
***
(b) Schedule of fees.
***
(B) Schedule of Rates:
2016/17
2017/18
2018/19
2019/20
2020/2021
2022/23
2023/24
2024/25
2025/26
2026/27
Customer Charge per Bill
All Classes
$2.50
$2.69
$2.83
$2.98
$3.06
Readiness to Serve
Charge per ERU
Single -Family
$17.43
$17.77
$18.22
S18.68
$19.15
$21.07
$22.66
$23.80
$24.99
$25.62
City of Cape Canaveral
Ordinance No. 16-2022
Page 2 of 4
Commercial
Public Buildings
-1
$22.23
22,79
- -3C
$23.95
$26.35
$28.33
$30.75
$31.24
$32.03
$19.15
$21.07
$22.66
$23.80
$24.99
$25.62
User Rate per 1,000
gallons
Single -Family
Commercial
Public Buildings
5
5 9
6.09
$6.88
$7.40
$7.77
$8.16
$8.37
7 4
$8.57
$9.22
$9.69
$10.18
$10.44
5.94
$6.88
$7.40
$7.77
$8.16
$8.37
Sewer Flat Rate
Multifamily
Per residential unit
-9-
30
3 -2
$32.
$32.82
$36.11
$38.82
$40.77
$42.81
$43.89
The sewer charges adopted above for 2022/23 shall be automatically adjusted annually by the
amount stated in the rate schedule above. The annual adjustment shall be effective on October 1 of
each year beginning with the first adjustment on October 1, 2023 and ending with the last adjustment
on October 1, 2026. Notwithstanding, the annual adjustment permitted under this rate schedule
shall be subject to suspension or reduction by the City Council on an annual basis prior to the
effective date of the automatic annual adjustment. Any suspension or reduction shall be based on
the City Council's periodic evaluation of the financial management plan of the City's Sewer Utility
System, particularly the updated revenue and expenses, as well as changes in economic conditions,
water consumption, regulatory requirements and other factors.
***
Section 3. Incorporation into Appendix B, Schedule of Fees. The fee schedule set forth in
this Ordinance 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 Ordinance and the City Code, may be freely made.
Section 4. Ratification of Previous Rates; Repeal of Prior Inconsistent Ordinances and
Resolutions. All prior sewer rates and charges amended herein are hereby ratified as duly
adopted and imposed. In addition, all prior inconsistent ordinances and resolutions adopted by
City of Cape Canaveral
Ordinance No. 16-2022
Page 3 of 4
the City Council, or prior ordinances or resolutions in conflict herewith, are hereby repealed to the
extent of the conflict.
Section S. Severability. If any section, subsection, sentence, clause, phrase, word or portion
of this Ordinance 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 Ordinance.
Section 6. Effective Date. This Ordinance shall become effective immediately upon adoption
by the City Council of the City of Cape Canaveral, Florida. The rates established under this
Ordinance for City fiscal year 2022/2023 shall be deemed effective on October 1, 2022.
ADOPTED at a Regular Meeting of the City Council of the City of Cape Canaveral,
Florida, assembled this 19th day of July, 2022.
ATTEST:.
Mia Goforth,'
City Clerk
•
Approved as to legal form and sufficiency
For th of Cape Canaveral only by:
Anthony A. Garganese, City Attorney
First Reading: June 21, 2022
Advertisement: July 7, 2022
Final Reading: July 19, 2022
Wes Morrison, Mayor
Name FOR AGAINST
Kim Davis Motion
Mickie Kellum x
Wes Morrison X
Angela Raymond absent
Don Willis Second
City of Cape Canaveral
Ordinance No. 16-2022
Page 4 of 4