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2015-3967 Ordinance ORDINANCE NO. 2015-3967 AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, AMENDING APPENDIX A, ENTITLED "FEE SCHEDULE," TO CHAPTER 110 OF THE MIAMI BEACH CITY CODE, ENTITLED "UTILITIES," ARTICLE IV, ENTITLED "FEES, CHARGES, RATES AND BILLING PROCEDURE," DIVISION 2, ENTITLED "RATES, FEES AND CHARGES," SECTION 110-166, ENTITLED "SCHEDULE OF WATER RATES AND TAPPING CHARGES," AND SECTION 110-168, ENTITLED "SANITARY SEWER SERVICE CHARGE," TO INCREASE THE RATE FOR WATER SERVICE CHARGES IN EXCESS OF THE MINIMUM SERVICE CHARGE; AND TO INCREASE THE SANITARY SEWER SERVICE CHARGE BY THE SAME PERCENTAGE ENACTED BY MIAMI-DADE WATER AND SEWER DEPARTMENT (WASD) PURSUANT TO SECTION 110-166 AND 110-168; PROVIDING FOR CODIFICATION, REPEALER, SEVERABILITY, AND AN EFFECTIVE DATE. WHEREAS, the City implemented a Water and Sewer System Improvement Program ("Program"), which is funded by Water and Sewer Revenue Bonds; and WHEREAS, in 2006, the Water and Sewer Taxable Series B-2 Bonds were issued for the purpose of paying the cost of certain improvements to water and sewer utility; and WHEREAS, in 2009, Water and Sewer Taxable Series 2009J-1C Bonds were issued for the purpose of paying the cost of certain improvements to the water and sewer utility; and WHEREAS, the rate increases proposed herein are for the payment of the phased in debt instruments to continue improvements to the water and sewer infrastructure; and WHEREAS, the new rate provided herein reflects the increase for water in excess of the minimum service charge; and WHEREAS, the new rate provided herein reflects the increase for the sanitary sewer service charge in the same percentage imposed by Miami-Dade County as provided in Section 110-168 of the City Code; and WHEREAS, the City anticipates a continuation of its decrease in water consumption and its corresponding decrease in water and sewer revenues; and WHEREAS, the City Commission of the City of Miami Beach deem it to be in the best interest of the citizens and residents of the City of Miami Beach to amend Chapter 110 entitled "Utilities", Article IV entitled "Fees, Charges, Rates and Billing Procedure, to periodically adjust water and sewer rates for maintenance and fiscal responsibility purposes. Therefore, the increased rates set forth herein should be imposed. NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, as follows: SECTION 1. That the Appendix to Sections 110-166 and 110-168 of Chapter 110, Article IV, Division 2, of the Miami Beach City Code is hereby amended as follows: APPENDIX A FEE SCHEDULE Chapter 110 Utilities Article IV. Fees, Charges, Rates and Billing Procedure * * * Division 2. Rates, Fees and Charges * * * Section this Code Description 110-166(a) Minimum service charge: * * * Minimum Monthly Gallons of Service Charge Size of Water (effective for billings Meter per Month on or after October 1, 2014 5,000 22.15 1" 7,000 31.01 1.5" 11,000 48.73 2" 17,000 75.31 3" 40,000 177.20 4" 80,000 354.40 6" 120,000 531.60 8" 200,000 886.00 110-166(b) Water in excess of subsection 110-166(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; and $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; and $3.23 per 1,000 gallons, effective with billings on or after October 1, 2007; and $3.88 per 1,000 gallons, effective with billings on or after October 1, 2008; and $4.36 per 1,000 gallons, effective with billings on or after October 1, 2009; and $4.43 per 1,000 gallons, effective with billings on or after October 1, 2014 and 4.61 per 1,000 gallons, effective with billings on or after October 1, 2015. 110-168(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; and $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; and $4.93 per 1,000 gallons, effective with billings on or after October 1, 2007; and $5.62 per 1,000 gallons, effective with billings on or after October 1, 2008; and $6.04 per 1,000 gallons, effective with billings on or after October 1, 2009; and $6.34 per 1,000 gallons, effective with billings on or after October 1, 2013; and $7.55 per 1,000 gallons, effective with billings on or after October 1, 2014 and $8.23 per 1,000 gallons, effective with billings on or after October 1, 2015. SECTION 3. 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 re-lettered to accomplish such intention, and the word "ordinance" may be changed to "section", "article" or other appropriate word. SECTION 4. REPEALER All ordinances or parts of ordinances in conflict herewith are and the same are hereby repealed. SECTION 5. 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. SECTION 6. EFFECTIVE DATE This Ordinance shall take effect on the /0 day of OCv her, 2015. PASSED and ADOPTED this 30 day of SeplehJbef, 2015 ,r r Philip Levine a 61` .f ATTEST: ff • R-fael E. Granado, Cii;$04�r 8. Underline denote i ons \� ••..• Double underlin: ' t:,: (;0- dcp et lat Second Reading Double - - = - _= =_: rivi,ratt2R4 riklepted at Second Reading gio (Sponsored by C44 •i;▪'• sio ?n) 4•4111-/ 6 APPROVED AS TO FORM & LANGUAGE &FOR 771 City Attorney Dote T:WGENDA\2015\September\PUBLIC WORKS\FY15 Water and Sewer Rate Ordinance 2ndRdg. revised 12-29-15.doc COMMISSION ITEM SUMMARY Condensed Title: An Ordinance Of The Mayor And City Commission Of The City Of Miami Beach, Florida, Amending Appendix A, Entitled"Fee Schedule,"To Chapter 110 Of The Miami Beach City Code, Entitled"Utilities,"Article Iv, Entitled"Fees, Charges, Rates And Billing Procedure," Division 2, Entitled "Rates, Fees And Charges," Section 110-166, Entitled "Schedule Of Water Rates And Tapping Charges,"And Section 110-168, Entitled"Sanitary Sewer Service Charge,"To Increase The Rate For Water Service Charges In Excess Of The Minimum Service Charge; And To Increase The Sanitary Sewer Service Charge By The Same Percentage Enacted By Miami-Dade Water And Sewer Department (WASD) Pursuant To Section 110-168; Providing For Codification, Repealer, Severability,And An Effective Date. Key Intended Outcome Supported: Maintain the City's infrastructure. Supporting Data (Surveys, Environmental Scan, etc.): Item Summary/Recommendation: The Miami-Dade Water and Sewer Department has informed all wholesale customers that the proposed water rate for FY16 would decrease by $0.0475 to $1.7341 per 1,000 gallons. WASD has also notified wholesale customers that their proposed sewer rate will be$2.7879, an increase of$0.2279 from the current rate of$2.56 per 1,000 gallons. The cost of the proposed FY16 sewer rate increase to Miami Beach is approximately 8.9%. The current rate of$4.43 per thousand gallons is insufficient to cover the cost of providing water service. Based on the proposed FY16 budget, the water rate would need to be increased by 5%to$4.65 per 1,000 gallons in FY 16 .The increase to the water rate is required to cover debt service on approximately$35 million in water capital needs over the next few years. In addition $9.6 million will go towards the completion of the neighborhood projects included in the FY15 and FY16 capital budget. The current rate of$7.55 per thousand gallons is insufficient to cover the cost of providing sewer service. Based on the proposed FY16 budget,the sewer rate would have to be increased by 8.9%to$8.23 per thousand gallons in FY16. Rate increases are needed to cover debt service requirements of a proposed $18 million sewer debt issuance in FY16 and to cover further increases in costs(due to inflation, etc.) beyond FY15. Approximately$5 million of will go towards the completion of neighborhood projects included in the FY15 and FY16 capital budget. Based on the above,the Administration recommends that the City Commission approve a rate increase for water customers of$0.22 and a rate increase for sewer customers of$0.68 effective October 1,2015. For the average 11,000 gallons per month customer,the combined water and sewer rates result in a monthly increase of$9.90 in FY16. For the minimum usage customer(5,000 gallons or less per month), the combined monthly impact would be a total of$4.50. The Administration recommends moving forward with the recommended modifications to the water and sewer fee ordinances including allocation of appropriate costs to the Satellite Cities. THE ADMINISTRATION RECOMMENDS APPROVING THE AMENDMENT TO THE ORDINANCE ON SECOND READING, PUBLIC HEARING. Advisory Board Recommendation: At the Finance and Citywide Projects Committee (FCWPC) meeting of July 17, 2015, Public Works staff presented the MSA report and summary of their findings and recommendations. Financial Information: Source of Amount Account Approved Funds: 1 OBPI Total City Clerk's Office Legislative Tracking: Sign-Offs: Department Assistant City:Manager City Mal ages . Direct JJF ETC % JL t:\agenda\2015\september\september 30 meeting\public works\fy15 water and sewer rate ordinance summ.doc ,., AGENDA . Rsc M M DEND ITEM �AC DATE -30-lc eLl MIAMI BEACH City of Miami Beach, 1700 Convention Center Drive,Miami Beach,Florida 33139,www.miamibeachfl.gov COMMISS •N MEMORANDUM I TO: Mayor Phillip Levine and Members 1 the City I i.mmission \ ,, —4 FROM: Jimmy L. Morales, City Manager �— SECOND READING PUBLIC HEARING DATE: September 30, 2015 SUBJECT: AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, AMENDING APPENDIX A, ENTITLED "FEE SCHEDULE," TO CHAPTER 110 OF THE MIAMI BEACH CITY CODE, ENTITLED"UTILITIES,"ARTICLE IV, ENTITLED"FEES, CHARGES, RATES AND BILLING PROCEDURE," DIVISION 2, ENTITLED "RATES, FEES AND CHARGES," SECTION 110-166, ENTITLED "SCHEDULE OF WATER RATES AND TAPPING CHARGES,"AND SECTION 110-168, ENTITLED"SANITARY SEWER SERVICE CHARGE,"TO INCREASE THE RATE FOR WATER SERVICE CHARGES IN EXCESS OF THE MINIMUM SERVICE CHARGE;AND TO INCREASE THE SANITARY SEWER SERVICE CHARGE BY THE SAME PERCENTAGE ENACTED BY MIAMI-DADE WATER AND SEWER DEPARTMENT (WASD) PURSUANT TO SECTION 110-168; PROVIDING FOR CODIFICATION, REPEALER, SEVERABILITY, AND AN EFFECTIVE DATE. ADMINISTRATION RECOMMENDATION The Miami-Dade Water and Sewer Department has informed all wholesale customers that the proposed water rate for FY16 would decrease by $0.0475 to $1.7341 per 1,000 gallons. WASD has also notified wholesale customers that their proposed sewer rate will be $2.7879, an increase of $0.2279 from the current rate of $2.56 per 1,000 gallons. The cost of the proposed FY16 sewer rate increase to Miami Beach is approximately 8.9%. The Administration recommends approving the Amendment to the Ordinance on Second Reading, Public Hearing. ANALYSIS The City's utility rates for water and sanitary sewer services are structured to collect the necessary revenues to meet annual operating and maintenance costs of the water and sanitary sewer infrastructure,to cover debt service for water and sewer bonds,to maintain adequate operating fund reserves, and,to pay Miami-Dade County for wholesale water purchased,the treatment of the City's sewage and other fees. In general, the rates for water supply and sanitary sewer services consist of: • Pass-through of the wholesale rate the City pays to Miami-Dade County for the purchase of potable water and treatment of sewage; • Debt service for the Water and Sewer Revenue Bonds; • Operating and maintenance costs for the water and sewer utility; Commission Memo September 30,2015 Water and Sewer Rate Ordinance Memo Page 2 of 3 • 7.5% fee of previous year total revenue paid to the Miami-Dade County Environmental Resource Management Department (DERM). FY2015/16 Miami Dade County Wholesale Water and Sewer Rates The Miami-Dade Water and Sewer Department has informed all wholesale customers that the proposed water rate for FY16 would decrease by $0.0475 to $1.7341 per 1,000 gallons. The operational expenditure decreases for the County are due to projected operating expenses, debt service increases in FY16, and other revenue, charges and adjustments such as reserve requirements, decreased interest earnings and renewal and replacement. WASD has also notified wholesale customers that their proposed sewer rate will be $2.7879, an increase of$0.2279 above the current rate of$2.56 per 1,000 gallons. The cost of the proposed FY16 sewer rate increase to Miami Beach is approximately 8.9%. The wholesale water and sewer rates were approved by the Board of County Commissioners at their Public Budget Hearings on the first and second readings on September 3, 2015 and September 17, 2015, respectively. Water and Sewer Revenue Review Recommendations Millian, Swain &Associates, Inc. (MSA)were retained to assist in evaluating the level of revenues produced by current water and sewer rates and the potential need for rate adjustments. The following are their findings: Water Revenue Review and Recommendation An increase in debt service payments for new bonds is the driver for the potential FY16 deficit. 1. The current rate of$4.43 per thousand gallons is insufficient to cover the cost of providing water service. Based upon the proposed FY16 budget,the water rate would need to be increased by 5% to $4.65 per 1,000 gallons in FY16. 2. The increase is required to cover debt service on approximately $35 million in water capital needs over the next few years. In addition $9.6 million will go towards the completion of neighborhood projects included in the FY 15 and FY 16 capital budget including the following projects: West Avenue/Bay Road Improvements, City Center (Convention Center), and La Gorce Neighborhood Improvements. 3. The City will receive a $3.3 million WASD true up credit for consumption from FY 14. This results in an anticipated WASD payment of$10.6 million for FY 16. The true-up credit for future years remains unknown and is not included when calculating the proposed rate adjustments. 4. All operational expenditure increases related to the proposed adjustments to salaries, increased costs of health insurance and pension, and increases in other operating costs can be absorbed without the requirement to increase the water rate. 5. Incorporating a 2.1% inflation factor to expenses(including WASD)and other income(excluding interest income) will result in future rate increase next year of 9.3%. Sewer Revenue Review and Recommendation An increase in WASD Sewer fees and scheduled increase in debt service payment for new bonds are the largest contributors to a rise in the projected FY16 deficit. 1. The current rate of$7.55 per thousand gallons is insufficient to cover the cost of providing sewer Commission Memo September 30,2015 Water and Sewer Rate Ordinance Memo Page 3 of 3 service. Based on the proposed FY16 budget provided by the City, rates would have to be increased by 8.9% to $8.23 per thousand gallons in FY16. 2. Rate increases are needed to cover debt service requirements of a proposed $18 million sewer debt issuance in FY16 and to cover further increases in costs (due to inflation, etc.) beyond FY15. Approximately $5 million of will go towards the completion of neighborhood projects included in the FY15 and FY16 capital budget. 3. Fees charged to Satellite Cities to transport wastewater to WASD appear to be insufficient to cover the cost of providing this service. As part of the comprehensive cost of study, MSA also performed a detailed cost allocation study to address the proper charges to the Satellite Cities and found that those charges needed to be increased from $2.727 to $3.1047 which is approximately 13.9% 4. Incorporating a 2.1% inflation factor to expenses(including WASD)and other income(excluding interest income) will result in future rate increases over the next year of 7.5%. Background At the Finance and Citywide Projects Committee(FCWPC)meeting of July 17, 2015, Public Works staff presented the MSA report and summary of their findings and recommendations. FY FY FY FY Prop. FY Difference Fee (per thousand 2011/12 2012/13 2013/14 2014/15 2015/ 16 From FY gallons) Fee Fee Fee Fee Fee 2014/15 Water $4.36 $4.36 $4.36 $4.43 $4.65 $0.22 Sewer $6.04 $6.04 $6.34 $7.55 $8.23 $0.68 Combined Fee $10.40 $10.40 $10.70 $11.98 $12.88 $0.90 Monthly Cost to 11,000 Gallon Customer $114.40 $114.40 $117.70 $131.78 $141.68 $9.90 Monthly Cost to 5,000 Gallon Customer $52.00 $52.00 $53.50 $59.90 $64.40 $4.50 Conclusion Based on the above, the Administration recommends that the City Commission approve a rate increase for water customers of$0.22 and a rate increase for sewer customers of$0.68 effective October 1, 2015. For the average 11,000 gallons per month customer, the combined water and sewer rates result in a monthly increase of$9.90 in FY2015/16. For the minimum usage customer (5,000 gallons or less per month), the combined monthly impact would be a total of$4.50. 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