HomeMy WebLinkAboutResolution No. 2012-05 RESOLUTION NO. 2012-05
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CAPE
CANAVERAL, BREVARD COUNTY, FLORIDA; ESTABLISHING THE
CITY'S RECLAIMED WATER UTILITY RATES IN ACCORDANCE WITH
1 ARTICLE IV OF CHAPTER 78 OF THE CITY CODE; PROVIDING FOR
INCORPORATION INTO APPENDIX B, SCHEDULE OF FEES, OF THE
CAPE CANAVERAL CODE OF ORDINANCES; PROVIDING FOR THE
REPEAL OF PRIOR INCONSISTENT RESOLUTIONS; INCORPORATION
INTO APPENDIX B; SEVERABILITY; AND AN EFFECTIVE DATE.
rf WHEREAS, the City 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 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
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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 2012 ("the Study"), which includes findings,
conclusions, recommendations and supporting analysis related to reclaimed water rates;
and
WHEREAS, based on recommendations in the Study, the City Council adopted
Ordinance 04-2012, amending section 78-180 of the City Code to establish equivalency
1 bases identifying customer service levels based on the size of the customer's connection
to the City's reclaimed water utility; 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.
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 deemed true and correct
4 and are hereby fully incorporated herein by this reference as a material part of this
Resolution.
City of Cape Canaveral
Resolution No.2012-05
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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
t the following amendments to the Cape Canaveral Code of Ordinances, Appendix B,
a Schedule of Fees (underlined type indicates additions to and stfikethreugh type indicates
deletions from the existing text of Appendix B):
APPENDIX B—SCHEDULE OF FEES
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CHAPTER 78. UTILITIES
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Article IV Reclaimed Water
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Reclaimed water rates shall be charged based on Equivalent Reclaimed
Irrigation Connections ("ERICs") established by the size of the customer's
I connection to the city's reclaimed water utility system as follows:
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I 1-inch diameter connection = 1 ERIC
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2-inch diameter connection = 4 ERICs
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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 1st of each year:
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Reclaimed Water Flat Rate 2012/13 2013/14 2014/15 201.5/16_
ry Per ERIC
All Customer $6.33 $6.65 $6.99 $7.34
Classes
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'Does not include wholesale,bulk,large user or other customer under separate contract or agreement with the city.
i 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
li Fees, to the Cape Canaveral Code of Ordinances and any section or paragraph number
or letter and any 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
1 Resolution and the City Code, may be freely made.
City of Cape Canaveral
Resolution No. 2012-05
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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, 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 Resolution.
SECTION 6. Effective Date. This Resolution shall become effective on October 1,
2012.
ADOPTED byte City Council of the City of Cape Canaveral, Florida this 17th day
of April, 2012.
Qo6e
Rocky Ranls, MAYOR
ATTEST:
.. Name For Against
Ang a M. Rip' -oil,City Clerk John Bond Second
Robert Hoog Motion
Buzz Petsos
Rocky Randels x
Betty Walsh x
Approved as t• • •I and Legal Sufficiency
for the City ��anaveral Only:
�
Anthony A. arganese, City Attorney
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City of Cape Canaveral
Resolution No. 2012-05
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