HomeMy WebLinkAboutOrdinance No. 05-2012 ORDINANCE NO. 05-2012
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CAPE
CANAVERAL, BREVARD COUNTY, FLORIDA; AMENDING ARTICLE III
OF CHAPTER 78 RELATED TO SERVICE RATES, DEPOSITS AND
BILLING PROCEDURES FOR THE CITY'S SANITARY SEWER SYSTEM;
= 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 II of Chapter 78 of the Cape Canaveral code of Ordinance
establishes the City's sanitary sewer system and provides for the operation, construction,
maintenance, and repair of sanitary sewer facilities in the City of Cape Canaveral; and
WHEREAS, Article III of Chapter 78 establishes the service rates, deposits and
billing procedures for the City's sewer customers; and
WHEREAS, Raftelis Financial Consultants, Inc. recently completed a Sewer
System Rate Study dated February 2012 ("the Study"), which includes findings,
conclusion, recommendations and supporting analysis related to sanitary sewer rates; and
WHEREAS, after careful consideration and deliberation, and after considering the
Study, the City Council desires to make amendments to section 78-152 to reflect that any
new rate adopted by the City Council shall become effective on October 1, concurrent with
the first day of the City's fiscal year; 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
1
reference and are deemed a material part of this Ordinance.
SECTION 2. Code Amendment. Chapter 78, Utilities, of the Cape Canaveral Code of
Ordinances, is hereby amended as follows (underlined type indicates additions to and
etrikethrougl4 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 05-2012
Page 1 of 3
1
I
I
1
1 ***
I
ARTICLE III. SERVICE RATES, DEPOSITS AND BILLING PROCEDURES
* * *
Sec. 78-152. - Monthly sewer rates.
(a) Any user of the service of the sewer system shall pay a monthly charge or rate as
set forth in Appendix B to this Code. The schedule of fees is subject to revision as may
be necessary to keep rates commensurate with the changes in the cost of providing
service and is otherwise subject to revision due to any regulatory or environmental
� factors which increase the cost of sewage treatment. All revisions shall be done by
resolution and shall become effective as of January October 1 of each year. The city
council may utilize, as a basis of any rate increase, a sewer rate study to be conducted,
at a minimum, every five years.
(b) It is the intent of this section that all condominiums or other developments,
particularly developments with a mixture of housing types, be charged a sewer rate in
accordance with the type of structure actually built.
* * *
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.
SECTION 6. Effective Date. This Ordinance shall become effective immediately upon
adoption by the City Council of the City of Cape Canaveral, Florida.
1 [ADOPTION PAGE FOLLOWS]
City of Cape Canaveral
Ordinance 05-2012
Page2of3
4
i
1
ADOPTED by the City Council of the City of Cape Canaveral, Florida this 17th day
of April, 2012.
caotiv
��' Rocky Randels, MAYOR
ATTEST: ,
Name For Against
Ange M. App n, City Clerk John Bond x
a`5 : Robert Hoog Second
Buzz Petsos Motion
Rocky Randels x
Betty Walsh X
Approved as to Form and Sufficiency as to
the City/o�.FT.,- Canaveral Only:
t.
Anthony A. "rganese, City Attorney
I
IFirst Reading: March 20, 2012
Legal Ad Published: March 29, 2012
Second Reading: April 17, 2012
1
I
1
1
4
1
4
1
1
4
4
4
City of Cape Canaveral
Ordinance 05-2012
Page 3 of 3
i
ix
i