HomeMy WebLinkAboutOrdinance No. 04-2012 ORDINANCE NO. 04-2012
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CAPE
CANAVERAL, BREVARD COUNTY, FLORIDA; AMENDING ARTICLE IV
OF CHAPTER 78 RELATED TO THE CITY'S RECLAIMED WATER
UTILITY; PROVIDING THAT RECLAIMED WATER RATES SHALL BE
ESTABLISHED BY RESOLUTION OF THE CITY COUNCIL;
ESTABLISHING A NEW EQUIVALENCY BASIS FOR RECLAIMED
WATER SERVICE LEVELS; PROVIDING FOR THE REPEAL OF PRIOR
INCONSISTENT ORDINANCES AND RESOLUTIONS; INCORPORATION
INTO THE CODE; SEVERABILITY; AND AN EFFECTIVE DATE.
WHEREAS, the City of Cape Canaveral is granted the 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 a reclaimed water utility and provides for the operation, construction,
maintenance, and repair of reclaimed water facilities in the City of Cape Canaveral; and
WHEREAS, Raftelis Financial Consultants, Inc. recently completed a Sewer
System Rate Study dated February 2012 ("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 desires to revise Article IV of Chapter 78 related to its reclaimed
water utility to authorize the establishment of reclaimed water usage fees by resolution and
to establish a new equivalency basis for reclaimed water service levels; and
WHEREAS, the City Council of the City of Cape Canaveral deems that this
Ordinance is in the best interests of the public health, safety, and welfare of the citizens of
Cape Canaveral.
BE IT ORDAINED by the City Council of the City of Cape Canaveral, Brevard
County, Florida, as follows:
SECTION 1. Recitals. The foregoing recitals are hereby fully incorporated herein by this
reference and are deemed a material part of this Ordinance.
SECTION 2. Code Amendment. Chapter 78, Utilities, of the Code of Ordinances, City of
Cape Canaveral, Florida, is hereby amended as follows (underlined type indicates
additions to and etrikethfeugh type indicates deletions from the text of Chapter 78, and it is
intended that the text in Chapter 78 denoted by asterisks [* * * ]and omitted from this
Ordinance shall remain unchanged from the language existing prior to adoption of this
Ordinance):
CHAPTER 78. UTILITIES
City of Cape Canaveral
Ordinance No. 04-2012
Page 1 of 3
***
ARTICLE IV. RECLAIMED WATER
DIVISION 1. GENERALLY
** *
Sec. 78-180. — Reclaimed water Irrigation usage rates.
Rates for reclaimed irrigation water service shall be established by resolution of
the City Council and incorporated _ _ - - - -_, -- - - - - - - - - --- as a component
of the city rate resolution.
(b) The following Equivalent Reclaimed Irrigation Connections ("ERICs") shall be
used to identify customer service levels based on the size of the customer's connection
to the city's reclaimed water utility:
1-inch diameter connection = 1 ERIC
2-inch diameter connection = 4 ERICs
4-inch diameter connection = 12 ERICs
* * *
SECTION 3. Repeal of Prior Inconsistent Ordinances and Resolutions. All prior
inconsistent ordinances and resolutions adopted by the City Council, or prior ordinances
and resolutions in conflict herewith, are hereby repealed to the extent of the conflict.
SECTION 4. Incorporation into the Code of Ordinances. This Ordinance shall be
incorporated into the Cape Canaveral Code of Ordinances and any section or paragraph
number or letter and any heading may change or be 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 5. 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, whether for substantive, procedural, or any other reason, 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.
City of Cape Canaveral
Ordinance No. 04-2012
Page 2 of 3
SECTION 6. Effective Date. This Ordinance shall become effective immediately upon
adoption by the City Council of the City of Cape Canaveral.
ADOPTED by the City Council of the City of Cape Canaveral, Florida this 17th day
of April, 2012. ,ti _
:r CaSOCVOVP0a■LVOL.
Rocky Randels, MAYOR
ATTEST: =2_
- Name For Against
Ang M Wiper : City Clerk John Bond x
Robert Hoog x
Buzz Petsos x
Rocky Randels Motion
Betty Walsh Second
Appro -d -- to Form and Sufficiency as to
the '�� • anaveral Only:
Anthony A. Garganese, City Attorney
First Reading: March 20, 2012
Legal Ad Published: March 29, 2012
Second Reading: April 17, 2012
City of Cape Canaveral
Ordinance No. 04-2012
Page 3 of 3