HomeMy WebLinkAbout2006-3538 Ordinance
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ORDINANCE NO. 2006-3538
AN ORDINANCE OF THE MAYOR AND CITY COMMISSION
OF THE CITY OF MIAMI BEACH, FLORIDA, AMENDING
APPENDIX A OF THE CITY CODE, ENTITLED "FEE
SCHEDULE," BY AMENDING THE FEE SCHEDULES FOR
SECTION 110-166 ENTITLED "SCHEDULE OF WATER RATES
AND TAPPING CHARGES" BY AMENDING SUBSECTIONS (a)
AND (b) THEREOF AND BY AMENDING THE FEE SCHEDULES
FOR SECTION 110-168 ENTITLED "SANITARY SEWER
CHARGE," OF DIVISION 2, ENTITLED "RATES, FEES, AND
CHARGES," OF ARTICLE IV ENTITLED, "FEES, CHARGES,
RATES AND BILLING PROCEDURE," OF CHAPTER 110
ENTITLED "UTILITIES," IN ORDER TO INCREASE THE
MINIMUM MONTHLY SERVICE CHARGE IMPOSED BY THE
CITY; ADJUSTING THE SCHEDULE OF RATES FOR THE
MINIMUM MONTHLY WATER SERVICE CHARGE; AND
INCREASING THE SANITARY SEWER SERVICE CHARGE
IMPOSED BY THE CITY; PROVIDING FOR CODIFICATION,
REPEALER, SEVERABILITY, AND AN EFFECTIVE DATE.
WHEREAS, the Board of County Commissioners for Miami-Dade County adopted
wastewater and water rate adjustments for the fiscal year 2005/2006 which will have an impact
on the rates charged by the City in fiscal year 2006/2007; and
WHEREAS, the schedule of rate increases provided herein provides for the increase
in wholesale rates to be charged to the City by the County and the payment of principal and
interest for the Series 2000 Water and Sewer Revenue Bonds and the 2006 Gulf Breeze loan; and
WHEREAS, the rate increase provided herein includes the increase adopted by the
Miami-Dade Board of County Commissioners for water and wastewater; and
WHEREAS, the rate increases provided herein also include payment of the County's
Department of Environmental Resources Management fee.
NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND CITY
COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, as follows:
SECTION 1: That Appendix A to Article IV, Division 2, of Chapter 110 of the Miami
Beach City Code is hereby amended as follows:
APPENDIX A - FEE SCHEDULE
* * *
Section
this Code Description Amount
* * *
Chapter 110. Utilities
* * *
Article IV, Fees, Charges, Rates and Billing Procedure
Division 2. Rates, Fees and Charges
110-166 (a) Minimum service charge
Section
this Code
11O-166(b)
Size of
Meter
Gallons of Water
Per month
%"
I"
1.5"
2"
3"
4"
6"
8"
5.000
7.000
1 1.000
1 7.000
40.000
80.000
120.000
200.000
*
*
*
*
*
*
Minimum Monthlv
Service Charge
(effective for billinf!s on or
after October 1,2006)
13.95
19.53
30.69
47.43
111.60
223.20
334.80
558.00
Description
Water in excess of subsection 11O-166(a), shall be as follows:
$2.21 per 1,000 gallons, effective with billings on or after October
1, 2000; $2.26 per 1,000 gallons, effective with billings on or after
October 1, 2001; $2.31 per 1,000 gallons, effective with billings on
or after October 1, 2002; $2.44 per 1,000 gallons, effective with
billings on or after October 1, 2003; $2.49 per 1,000 gallons,
effective with billings on or after October 1, 2004; aHd $2.54 per
1,000 gallons, effective with billings on or after October 1, 2005";"~
and $2.79 per 1.000 gallons effective with billings on or after
October 1.2006.
2
*
*
*
Section
this Code
llO-168(a) Sanitary sewer service charge, shall be as follows: $3.73 per 1,000
gallons, effective with billings on or after October 1, 2000; $3.81
per 1,000 gallons, effective with billings on or after October 1,
2001; $3.90 per 1,000 gallons, effective with billings on or after
October 1, 2002; $4.03 per 1,000 gallons, effective with billings on
or after October 1, 2003; $4.12 per 1,000 gallons, effective with
billings on or after October 1, 2004; ami $4.21 per 1,000 gallons,
effective with billings on or after October 1, 2005-;-; and $4.25 per
1,000 gallons, effective with billings on or after October 1.2006.
SECTION 2. CODIFICATION
It is the intention of the Mayor and City Commission of the City of Miami Beach, and
it is hereby ordained that the provisions of this ordinance shall become and be made part of the
Code of the City of Miami Beach, Florida. The sections of this ordinance may be renumbered or
relettered to accomplish such intention, and the word "ordinance" may be changed to "section",
"article" or other appropriate word.
SECTION 3. REPEALER
All ordinances or parts of ordinances in conflict herewith are and the same are hereby
repealed.
SECTION 4. SEVERABILITY
If any section, subsection, sentence, clause, phrase or portion of this Ordinance is, for
any reason, held invalid or unconstitutional, such portion shall be deemed a separate, distinct and
independent provision and such holding shall not affect the validity or constitutional, such
portion shall be deemed a separate, distinct and independent provision and such holding shall not
affect the validity or constitutionality of the remaining portions of this Ordinance.
3
SECTION 5. EFFECTIVE DATE
This Ordinance shall take effect on the 15t day of October , 2006.
PASSED and ADOPTED this 11 th
ATTEST:
'1~rp~
. CITY CLERK
Robert Parcher
T:\AGENDA \2006\sep0606\Regular\Rate Ordinance 1 stRdg .doc
day of October ,2006
David Dermer
APPROVED AS TO
FORM & LANGUAGE
& FO ECUTION
JQ LID I~
ate
4
Condensed Title:
An ordinance amending the City of Miami Beach City Code Chapter 110, entitled "Utilities" amending Article IV, entitled
"Fees, Charges, Rates, and Billing Procedures Division 2. Rates, Fees and Charges" to increase the water supply service
charge imposed by the City; adjusting the schedule of rates for minimum monthly water service charge imposed by the City;
increasing the sanitary sewer service charge imposed by the city; providing for codification, repealer, severability and an
effective date.
Ke Intended Outcome Su orted:
Ensure well maintained infrastructure.
Issue:
Shall the City amend the City Code increasing the water and sewer rates?
Item Summary/Recommendation:
Late in 2005 Miami-Dade County proposed a water and sewer rate increase totaling $5.2 Million for the City of
Miami Beach. With the support of the City Commission, City Staff objected to the rate increase worked with
Miami-Dade County to seek an improved method of determining cost and rate structures.
As a result of our objection and review, the County provided an amended rate increase which raised the
wholesale water rate from $0.85 per thousand gallons to $1.10 per thousand gallons. The annual cost increase
cost to the city is an estimated $1,795,100. The County raised the average wholesale wastewater treatment rate
from $1.70 per thousand gallons to $1.74 per thousand gallons, or approximately 2.4 percent. The annual
increased cost to the City for wastewater treatment is estimated to be $712,969 or a total combined increase of
$2.5 million.
The City will absorb the increase of water and sewer rates for FY2005/2006. The rate increase estimated to be
$2,508,069 will be absorbed by the General Fund over a period of two years. The FY2005/2006 water and
sewer rate increases will not be passed on to Miami Beach residents.
The City Commission, at its September 6,2007 meeting, opposed the approval of FY2006/07 water and sewer
rates proposed by Miami-Dade County. At the request of the City Commission, Commissioner Bower attended the
Miami-Dade Board of County Commissioners meeting of September 7,2006 to express the City's concerns about
the not fully justified rate increases for FY 2005/06 and FY 2006/07.
The Administration is re-submitting the ordinance, for second reading, increasing City of Miami Beach water and
sewer rates by 4.75% to allow passing through the increase in Miami-Dade County wholesale water and sewer
rates that was implemented by the County in FY 2005/06. Should the City Commission approve the rate
ordinance on second reading on October 11, it would provide sufficient time to implement the rate
increase effective for the entire Fiscal Year. In the event the ordinance is not approved by the City
Commission, for every month of delay, the impact to the City would be approximately $200,000.
Administration recommends adoptinq the Ordinance amendment.
Advisory Board Recommendation:
I N/A
Financial Information:
Source of Amount Account Approved
Funds: 1 $ 712,969.00 425 8000 343510 Sewer
D 2 $1,795,100.00 425 8000 343310 Water
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4
OBPI Total $2,508,069.00
Ci Clerk's Office Le islative Trackin :
Bob Halfhill, Public Works Department X6833
Si n-Offs:
Department Di ctor
City Manager
~
r
MIAMIBEACH
AGENDA ITEM
DATE
~S-8
IO-r/-tJb
lD
MIAMI BEACH
City of Miami Beach, 1700 Convention Center Drive, Miami Beach, Florida 33139, www.miamibeachfl.gov
COMMISSION MEMORANDUM
TO:
Mayor David Dermer and Members of the City Commission
Jorge M. Gonzalez, City Manager ~..~
October 11, 2006 () SECOND READING
AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF
MIAMI BEACH, FLORIDA, AMENDING APPENDIX A OF THE CITY CODE,
ENTITLED "FEE SCHEDULE," BY AMENDING THE FEE SCHEDULES FOR
SECTION 110-166 ENTITLED "SCHEDULE OF WATER RATES AND TAPPING
CHARGES" BY AMENDING SUBSECTIONS (a) AND (b) THEREOF AND BY
AMENDING THE FEE SCHEDULES FOR SECTION 110-168 ENTITLED
"SANITARY SEWER CHARGE," OF DIVISION 2, ENTITLED "RATES, FEES,
AND CHARGES," OF ARTICLE IV ENTITLED, "FEES, CHARGES, RATES AND
BILLING PROCEDURE," OF CHAPTER 110 ENTITLED "UTILITIES," IN
ORDER' TO INCREASE THE MINIMUM MONTHLY SERVICE CHARGE
IMPOSED BY THE CITY; ADJUSTING THE SCHEDULE OF RATES FOR THE
MINIMUM MONTHLY WATER SERVICE CHARGE; AND INCREASING THE
SANITARY SEWER SERVICE CHARGE IMPOSED BY THE CITY; PROVIDING
FOR CODIFICATION, REPEALER, SEVERABILITY, AND AN EFFECTIVE
DATE.
FROM:
DATE:
SUBJECT:
ADMINISTRATION RECOMMENDATION
Approve the Ordinance on the Second Reading Public Hearing.
ANALYSIS
The rates for water supply and sanitary sewer services consist of a pass-through of the wholesale
rate the City pays to the Miami-Dade Water and Sewer Department (WASD) for the purchase of
potable water and treatment of sewage; debt service for the Series 2000 Water and Sewer Revenue
bonds and the 2006 Gulf Breeze loan; operating and maintenance costs for the water and sewer
utility; and a 7.5% fee paid to the Miami-Dade County Environmental Resource Management
Department (DERM).
On August 23, 2005, two weeks before the City's first budget hearing for fiscal year 2005/06, the City
Administration received notice from Miami-Dade County of a proposed increase to the wholesale
water and sewer rates charged to municipalities. As such the City had very little time to fully evaluate
the proposed rate increases, and impact of approximately $5.2 million to the City of Miami Beach.
Staff, with the support of the City Commission, objected to the rate as being unsupported. Through
meetings with Miami-Dade County Water and Sewer Department (WASD) the rate increases were
reduced to a revised estimated amount of $2,508,069, a reduction of approximately fifty percent
(50%)
The lower rate increase for fiscal year October 2005-September 2006 and deferred payment plan
through September 2007 were approved by the Miami-Dade County BCC on March 21 , 2006 with the
understanding that final rates for FY2005/06 and FY2006/07 and projected future rates would be
determined by an independent rate consultant.
The rate increase raised the wholesale water rate from $0.85 per thousand gallons to $1.10 per
thousand gallons. This reflects an increase in the wholesale water rate of $0.25 per thousand
gallons. The annual cost increase to the City for wholesale water is an estimated $1,795,100.
The rate increase raised the average wholesale wastewater treatment rate from $1.70 per thousand
gallons to $1.74 per thousand gallons. This reflects an increase to the average wholesale rate of
$0.04 per thousand gallons. The annual cost increase to the City for wastewater treatment is an
estimated $712,969.
The City will absorb the increase of water and sewer rates for FY2005/06. The rate increase
estimated to be $2,508,069 will be absorbed by the General Fund over a period of two years. The
FY2005/06 water and sewer rate increases will not be passed on to Miami Beach residents.
On July 5, 2006, WASD provided the results of an independent consultant reviewing additional
wholesale water and sewer rate adjustments. The consultant has recommended no additional
adjustments of wholesale water and sewer rates for FY2006/07. The County Administration has
recommended to the Miami-Dade Board of County Commissioners that the FY2006/07 rates remain
the same as the rates for FY2005/06. Had the City not been involved with the process, it can be
expected that the County would have further increased rates in fiscal year 2006/07 by CPI, as
originally proposed.
The FY2006/07 water and sewer rate increases are proposed to be charged to Miami Beach
customers effective October 1,2006. The combined water and sewer $0.29 cents pass-through will
add an additional $3.17, or about 4.75%, per month to a typical Miami Beach family residential bill.
The City Commission, at its September 6, 2006, meeting opposed the approval of FY2006/07 water
and sewer rates proposed by Miami-Dade County. At the request of the City Commission,
Commissioner Bower attended the Miami-Dade Board of County Commissioners meeting of
September 7, 2006 to express the City's concerns about the not fully justified rate increases for FY
2005/06 and FY 2006/07. Commissioner Bower on behalf of City of Miami Beach Commission also
requested that Miami-Dade Board of County Commissioners, just as they did in September 2005, re-
instate FY 2004/05 rate levels until a proper justification is provided to the municipalities. She also
requested that if the Miami-Dade Board of County Commissioners decides to approve the ordinance
maintaining the rates for FY 2006/07 at FY 2005/06 levels that Miami-Dade County Administration
send a senior representative to the City of Miami Beach Commission meeting on September 21,
2006 to explain the water and wastewater rate increases and to show how wholesale revenues
received from municipalities are spent by Miami-Dade County Water and Sewer Department. A letter
was also sent from the City to the County requesting that a representative attend the City of Miami
Beach Commission meeting on September21 , 2006 for the same purpose.
Miami-Dade Assistant County Manager Roger Carlton attended the Commission meeting on
September 21, 2006 and presented an overview of the County's process that led to the increase in
water and sewer wholesale rates in FY05/06. Further, he presented the ongoing issues that would
likely lead the County to consider and/or recommend further rate increases in the future to meet the
operating and capital construction needs of the County. He promised to maintain the dialogue that
was critical to addressing the poor communication that characterized the beginning of the County
rate-setting process.
2
The Administration is re-submitting the ordinance, for second reading, increasing City of Miami Beach
water and sewer rates by 4.75% to allow passing through the increase in Miami-Dade County
wholesale water and sewer rates that was implemented by the County in FY 2005/06. Should the City
Commission approve the rate ordinance on second reading on October 11 , it would provide sufficient
time to implement the rate increase effective for the entire Fiscal Year.
· In the event the ordinance is not approved by the City Commission, for every month of
delay, the impact to the City would be approximately $200,000 for a cumulative impact of
$2.5 million for the entire year.
CONCLUSION
The City's Water and Sewer Enterprise Funds do not have the capacity to support the $2.5 million
FY2006/07 water and sewer rate increases. Therefore the Administration recommends the water and
sewer rate increases be passed through to the end users.
T:\AGENDA\2006\oct1106\Regular\Utility Rate Ordinance Memo 2ndRdg.doc
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