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2016-4039 Ordinance • ORDINANCE NO. 2016-4039 AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, AMENDING CHAPTER 110 OF THE CODE OF THE CITY OF MIAMI BEACH ENTITLED "UTILITIES," ARTICLE IV, ENTITLED "FEES, CHARGES, RATES AND BILLING PROCEDURE," AT SECTION 110-166, ENTITLED "SCHEDULE OF WATER RATES AND TAPPING CHARGES;" AT SECTION 110-168, ENTITLED "SANITARY SEWER SERVICE CHARGE" ARE TO BE AMENDED; AND CREATING SECTION 110-171, ENTITLED "RATE INDEXING," IN ORDER TO ADJUST AND MODIFY HOW WATER AND SANITARY SEWER RATES ARE CALCULATED AND APPLIED; AND ALSO AMENDING APPENDIX A TO CHAPTER110, ENTITLED "FEE SCHEDULE" TO INCREASE AND RESTRUCTURE THE WATER RATES AND SANITARY SEWER SERVICE CHARGES IMPOSED BY THE CITY PURSUANT TO SECTIONS 110-166, 110-168, AND 110-171; PROVIDING FOR CODIFICATION; REPEALER; SEVERABILITY; AND AN EFFECTIVE DATE. WHEREAS, Chapter 110, of the Code of the City of Miami Beach, entitled "Utilities," establishes the City's potable water rates and how to calculate the rate and apply the rate to all water users and the sanitary sewer rates and how to calculate the rate and apply the rate to all sanitary sewer users; and WHEREAS, 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 fund capital improvements to the City's utility system infrastructure, maintain adequate operating fund and capital reserves, and to pay Miami-Dade County Water and Sewer Department (WASD) for wholesale water purchased and for the treatment of the collected City sewage; and WHEREAS, WASD has historically raised the rates for wholesale water and sanitary sewer to recover its cost of providing service and it is anticipated by WASD that it will continue to raise the rates for service due operating expenditures and debt service increases and the need to fund future capital improvements; and WHEREAS, the City adopted Resolution No. 95-21585, as amended and supplemented from time to time, which authorized the issuance of utility revenue bonds to finance capital improvements to the utility system (herein after"System")which included a requirement that the revenues of the System shall at all times meet the rate covenant requirements as delineated in such resolution for the protection of the bondholders; and WHEREAS, in addition to the above WASD rate increase, the City Commission directed that the City review its utility rates and method of calculating the fees under Chapter 110; and WHEREAS, the City retained the firm of Public Resources Management Group, Inc. (PRMG) to assist in determination of revised water and sanitary sewer rates in order to meet the projected expenditure and funding needs of the City's utility system as identified in the Fiscal Year 2016/2017 budget; and Page 1 WHEREAS, PRMG recommended revised rates and rate policies to be more consistent with industry norms in the application of rates; promote water conservation and the most efficient use of potable water; initiate a rate structure that over time will more adequately recover the cost of service and promote the overall sustainability of the utility system; provide the ability to adjust rates due to changes in the cost of wholesale water and wastewater service as provided by WASD; and provide the ability to index the rates for inflation and other expenses to provide utility operating margins to fund capital improvements and the repayment of debt issued by the City in support of the funding of capital improvements; and WHEREAS, in order to properly fund the City's water and sewer program, and to implement the PRMG rate structure findings, so that the city can not only take into account the actual WASD rate increases, but, also the other PRMG recommendations due to continued inflation on the cost of providing water and sanitary sewer by the City, the City seeks to amend Chapter 110, to codify and pass through to the residents the WASD rate increases; to index rates annually to pass through to the residents increases in costs due to inflation on the cost of operations and maintenance; and to incorporate an adjustment for operating expenses would serve to keep the rate stabilization fund healthy and user fees consistent with the cost of providing service; and WHEREAS, during the August 29, 2014 meeting of the Finance and Citywide Projects Committee (FCWPC), the Committee recommended approval of the pass through of the respective water and sewer rate increases, as well as establishing a policy of automatically implementing the percentage increases of water and sewer rates that are enacted by Miami- Dade WASD to the entire fund without further Commission action; and WHEREAS, the Committee also directed the Administration to follow up with all appropriate administrative actions to assure that fees are commensurate with the cost of service provided to the Satellite Cities; and WHEREAS, the amendments set forth below are necessary to accomplish the above objectives. NOW THEREFORE, BE IT ORDAINED BY THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA: SECTION 1. Chapter 110 of the Miami Beach City Code entitled "Utilities," Article IV, entitled "Fees, charges, rates and billing procedure," at section 110-166, entitled "Schedule of water rates and tapping charges;" Section 110-168, entitled "Sanitary sewer service charge," and Section 110-171, entitled "Rate indexing" are hereby amended as follows: * * * Chapter 110— UTILITIES * * * DIVISION 2. - RATES, FEES AND CHARGES * * * Page 2 Sec. 110-166. - Schedule of monthly water user rates and tapping charges. (a) There is hereby imposed, upon all premises within the city connected to or using the facilities of the city's potable water system, a monthly water user rate. Eve service shall have premise connected to or using the facilities of the city's potable water system shall be billed monthly user rates consisting of: i) a base facility charge which serves as the monthly minimum service charge on each service installed, varying with and based upon the size of the service pipe required and meter installed in accordance with the rules of the public works department; ii) a water consumption charge; and iii) a purchased water pass-through adiustment rate to recover the cost of purchased wholesale water as billed . enacted by the Miami-Dade Water and Sewer Department (WASD). This minimum The monthly water user rates charged for service shall be in accordance with the consumer applicability provisions and the corresponding schedule set forth in Appendix A,in--appendix A and shall entitle the consumer to have supplied through the meter the number of gallons of water set forth in appendix Aas may be adiusted from time to time based on the provisions of the section. There shall not be a rental charge on meters. The monthly water user rates shall be charged to each individually metered water consumer each month in accordance with the following applicability provisions: (1) Individual Metered Residential Service — applicable to all consumers that represent service to a residential dwelling unit that is individually metered for potable water service that is not classified as irrigation service. (2) Master Metered Multifamily Residential Service - applicable to all consumers that represent service to a residential dwelling units that is master-metered (more than one residential dwelling unit being served by the water meter measuring service to the premise) which would include, but not be limited to, condominiums, apartments, and duplexes, that are not classified as irrigation service. (3) Non-residential Service — Applicable to all water customers that are not classified as individually metered residential service, master-metered residential service, or irrigation service which primarily represents service to commercial customers public authorities, and institutional customers. (4) Residential Irrigation Service — Applicable to all residential dwelling units that are individually metered for domestic water use (reference Sec. 110-166 (a)(i)) and which have a separate meter for irrigation service or other similar water use. (5) Master Metered Multifamily Residential Irrigation Service — applicable to all master metered residential customers that are individually metered for domestic use (reference Sec. 110-166 (a)(ii)) and which have a separate meter for irrigation service or other similar water use. (6) Non-residential Irrigation Service — applicable to all customers classified as non-residential that are individually metered for domestic use (reference Sec. 110- 166 (a)(ii)) and which have a separate meter for irrigation service or other similar water use. Page 3 (b)To the extent practical, all water delivered to a consumer shall be metered and shall be billed the water consumption charge and the purchased water pass-through charge, which rate shall be prorated for each 100 gallons in the event of increments of less than 1,000 gallons for all consumers of water. With respect to the billing for water use, the water consumption rates and the purchased water pass-through rate as defined in this section may be added together for rate application or billing purposes on a consumers bill. (c) Pass-Through of Purchased Wholesale Water Charges. The Purchased Water Pass-through Rate, which is applied to all water consumers being billed for potable water service, shall be increased or decreased by the city by applying a pass-through adjustment factor for any change in the average annual rates charged to the city for wholesale potable water purchased from WASD (the "Water Pass-Through Adjustment") to the Purchased Water Pass-through Rate charged by the city. (1) Adjustment Schedule. The implementation of the adjustment to the Purchased Water Pass-Through Rate for any month that a change in wholesale potable water rates by WASD is effectuated ("Water Cost Recovery") shall occur without a public hearing. Water Cost Recovery shall be employed each time that WASD adjusts the average annual wholesale potable water rates that are billed to the city. Any adjustment to the Purchased Water Pass-Through Rate based on the determination of the change in wholesale rates shall be implemented in the month immediately following the determination of the Purchased Water Pass-Through Adjustment. The Purchased Water Pass-Through Rate as shown on Appendix A and as may be further adjusted automatically in the future by the implementation of the provisions of this section and which are then in effect shall be increased or decreased by the city by applying a Purchased Water Pass-through Adjustment established in accordance with this subsection to the then effective Purchased Water Pass-Through Rate prior to such application. Nothing herein shall preclude the city from making additional changes to the monthly water user rates for service. (2) Applicability of Purchased Water Rates. The Purchased Water Pass-Through Rate shall be in addition to any water consumption rates for all retail and wholesale customers that are billed for potable water service by the city. The following are the customers that shall be subject to the application of the Purchased Water Pass-through Rate and shall be subject to the pass-through for changes in the cost of purchased water from WASD (the "Applicable Customers"): (i) The retail water customer classes that are billed the water consumption charge referenced in this section. (ii) All separate utilities or local governments that may receive wholesale potable water service provided by the city currently or in the future which is not considered as retail customers. (3) Calculation of Purchased Water Pass-Through Adjustment. The Purchased Water Pass-Through Adjustment shall be calculated using the following formula: PWPTA = ((IWWC— PWWC)* (1 / (1- (DF+T+O)) ) Page 4 Where: PWPTA = The Purchased Water Pass-Through Adjustment to be used for Water Cost Recovery to determine the monetary adjustment in the Purchased Water Pass-through Rate to be applied the Applicable Customers. The PWPTA represents the respective dollar increase or decrease to account for changes in wholesale potable water rates charged by WASD to the city that is added or subtracted, respectively to the Purchased Water Pass-Through Rate. IWWC = The increased annual average wholesale or purchased water rate charged by WASD expressed on a dollar per 1,000 gallons basis that became effective for the month immediately after the PWWC. PWWC = The prior annual average wholesale or purchased water rate charged by WASD expressed on a dollar per 1,000 gallons basis immediately prior to the billing of the adjusted wholesale or purchased water rate defined as the IWWC. DF = The fee paid to the Department of Environmental Resources Management (DERM) which is based on a percent of rate revenues billed by the city. T = Any and all taxes or tax equivalents that may be paid by the water system that is based on revenues billed by the city, including any payment in lieu of tax imposed by the city on its water system. 0 = Any and all charges that may be paid by the city on behalf of the water system that is based on revenues billed by the city, including any funding of renewals and replacement fund deposits that is determined as a percent of revenues billed. (4) Determination of Purchased Water Pass-Through Rate. The Purchased Water Pass-Through Rate shall be determined based on the addition or subtraction of the Purchased Water Pass-Through Adjustment to the rates in effect immediately preceding such adjustment and shall be rounded to the nearest cent. The Purchased Water Pass-Through Adjustment application shall be based on the following formula: APWTR = PWPTR + PWPTA Where: APWTR = The Adjusted Purchased Water Pass-Through Rate that is to be placed in effect after the application of the Purchased Water Pass-Through Adjustment to all Applicable Customers billed for potable water service. PWPTR = The Purchased Water Pass-Through Rate in effect immediately prior to the application of the PWPTA. Page 5 PWPTA = The Purchased Water Pass-Through Adjustment as determined as a result of a change in wholesale water rates as billed by WASD. (5) An example of the calculation of the determination of the Purchased Water Pass- Through Adjustment and the corresponding change to the Purchased Water Pass- Through Rate is illustrated in the following table: Line Formula No. Reference Amount Prior Wholesale Purchased Water Rate ($/1,000 gallons) 1 PWWC $1.7350 Increased Wholesale Purchased Water Rate($/1,000 gallons) 2 IWWC $1.7700 Percent Change in Wholesale Purchased Water Rate 3=(2-1)/1 2.02% Adjustments Department of Environmental Resources Management 4 DF 8.00% Taxes and Tax Equivalents 5 T 0.00% Other Adjustments 6 0 0.00% Adjustment Factor= 1/(1-(D+T+O)) =1/0.92 7 1.08696 Purchased Water Pass-Through Percent Adjustment 8=(3"7) 2.20% Prior Purchased Water Pass-Throu.h Rate './1 000 •allons 9 PWPTR $1.93 Purchased Water Pass-Through Adjustment 10=9*8 PWPTA $0.02 Adjusted Purchased Water Pass-Through Rate ($/1,000 11=9+10 APWTR $1.95 gallons) (d) Pass-Through Adjustment Charges. The Applicable Rates as shown on Appendix A and as may be further adjusted automatically in the future by the implementation of the provisions of this section and which are then in effect shall be increased or decreased by the city by applying a pass-through adjustment factor established in accordance with this subsection (the "Pass-Through Factor") to the then effective Applicable Rates for increases or decreases in the Applicable Costs. All Applicable Rates so adjusted (the "Pass-Through Rates") shall be charged by the city's water system. (1) Adjustment Schedule. The implementation of Pass-Through Rates for any month associated with a change in Applicable Costs ("Cost Recovery") shall be placed into effect automatically and shall occur without a public hearing. Nothing herein shall preclude the city from making additional changes to the monthly water user rates for service. (2) Applicable Rates. The water base facility, water consumption charges, and Purchased Water Pass-through Rate referenced in subsection 110-166(a) shall be subject to Cost Recovery. (3) .A pplicable Costs. Only the following cost categories qualify as Applicable Costs for Cost Recovery: (i) All increases or decreases in the percentage charge of the Department of Environmental Resources Management. Page 6 (ii) All increases or decreases in the application of any tax or tax equivalents, including any payment in lieu of tax imposed by the city on its water system. (iii) All other cost increases incurred by the water system as a result of any regulatory changes or requirements imposed by any regulatory agency having jurisdiction over the utility system operations (a "Regulator") (4) Calculation of Pass-Through Factor. The Pass-Through Factor shall be calculated using the following formula: PTF = ARR/ ER Where: PTF = The Pass-Through Factor used for Cost Recovery to determine the monetary adjustment in the Applicable Rates. The PTF represents the estimated annual increase in the Applicable Costs, expressed as a percentage of the most recent historical revenues derived from the Applicable Rates for the most recently completed fiscal year. ARR = Additional Required Revenue equal to the estimated annual change in the Applicable Costs that will affect the overall cost of providing water system services as determined by the city. ER = The total actual revenues earned by the Enterprise System from the Applicable Rates for the potable water system as reported in the city for the most recently completed fiscal year. (5) Determination of Pass-Through Rates. The Pass-Through Rates shall be determined based on the Pass-Through Factor applied uniformly to the Applicable Rates in effect and shall be rounded to the nearest cent. The Pass-through application shall be based on the following formula: PTR = (AR)(1 + PTF) Where: PTR = The Pass-Through Rates that are to be placed in effect for the current fiscal year through application of the Pass-Through Factor. AR = The Applicable Rates in effect immediately prior to the application of the Pass-Through Factor. PTF = The Pass-Through Factor as determined by the city to recover the net change in Applicable Costs. Page 7 (e) On all water supply service, each month shall be a complete period in itself, and no excess consumption of water during one month shall be charged against the minimum service charge or be added to the consumption of any other month. (1) Exception. The provisions contained in this subsection (e) shall not apply to an owner or consumer of a single-family home that participates in the "budget billing" process of the utility billing system. The "budget billing" process allows owners or consumers to pay the same monthly amount for water and sewer consumption based on the average of the previous annual consumption history. If the variance in actual consumption becomes more than 50 percent of the annual consumption average, the budgeted amount would be recalculated or the budget billing would cease and regular billing would commence. To be eligible to use this "budget billing" feature, the owner and/or consumer would have to submit an application to the finance department for budget billing. After the approval of the finance department, the budget billing would commence and would only cease upon written request by the owner or consumer or the failure to pay the budget amount when the payment is due. (f) A monthly base facility charge as shown on Appendix A shall be billed to all privately owned fire-protection systems and equipment connected to the city water system in accordance with the size of the service line connecting the private system to the city's system. All costs of providing fire sprinkler service, including the service lateral, meter vault and detector check meter shall be the applicant's responsibility. If any consumer shall connect any appurtenance other than sprinkler heads to a fire service line, that consumer shall pay all connection-related charges set out in this section and the monthly water service charges identified in this section regarding service to customers delineated under the general service designation. (g) Upon the application of the owner or consumer for water service on the premises to which there has not been made any previous service for water, the tapping charges as specified in appendix A shall be made to cover the cost of the tap and the installation of the service to the property line of the lot to be supplied with water service. (he) Every owner or consumer making an application for water service shall be required to make a deposit with the public works department called a guarantee of payment deposit. The amount of such deposit shall be according to the size of the service, as specified in appendix A. If the owner or consumer making such deposit wishes the service to be discontinued, the guarantee of payment deposit shall be refunded less outstanding charges for water, sewer, stormwater or garbage and waste. If at any time the total service charges for a given account exceed the amount of the deposit, the city reserves the right to demand an additional deposit up to four times the amount of any previous monthly bill on that service. (if) A request by the owner or consumer to have the water meter re-read for validation of the correctness of a meter reading will result in a fee in accordance with the schedule set forth in appendix A. This fee will be charged only if the re-read validates the accuracy of the reading in question. Qg)A request by the owner or consumer to have a special water meter read at a time other than a normally scheduled read date as set by the utility will result in a fee in accordance with the schedule set forth in appendix A. Page 8 (kh) Meter/meter equipment and City of Miami Beach utility property servicing a premises found damaged, destroyed or missing will be charged to the owner or consumer in accordance with the schedule set forth in appendix A. (I+) A request by the owner or consumer to have a field visit by a technician. This fee will be charged only if the technician finds that the problem/issue is not that of the utility. Sec. 110-168. — Schedule of monthly Ssanitary sewer user rates. service charge. (a) There is hereby imposed, upon all premises within the city connected to or using the facilities of the city's sanitary sewer system, a monthly sanitary sewer service charge user rate. --- - - - - - - - - - - -- - • - -- which charge shall be prorated for each 100 gallons of increments of less than 1,000 amount of such sanitary sewer service charge shall be shown as a separate item on such water bills and shall be paid by the owner, tenant or occupant in possession of such premises at the same time and in the same manner as is provided in this article for the - - •- -- - - - - !-__ ' ' - 0 - -- --- applied to consumption metered through irrigation meters. Every premise connected to or using the facilities of the city's sanitary sewer system shall be billed monthly user rates consisting of: (1) a base facility charge which serves as the monthly minimum service charge on each service installed, varying with and based upon the size of the meter installed in accordance with the rules of the public works department; (2) a sanitary sewer consumption charge; and (3) purchased sanitary sewer pass-through adjustment rate to recover the cost of purchased wastewater treatment and disposal services as billed by WASD. The monthly sewer user rates charged for service shall be in accordance with the consumer applicability provisions and the corresponding schedule set in Appendix A as may be adjusted from time to time based on the provisions of the section. (b) The billed sewer consumption shall be based on the metered water delivered to the consumer for which the monthly water user rates apply. The provisions of this section shall not be applicable to any water sold and delivered through separate meters measuring water delivered and consumed solely for swimming pools, lawn sprinkler systems, cooling towers or other purposes not requiring the use of sanitary sewer system facilities of the city. The system facilities of the city. Page 9 The monthly sanitary sewer user rates shall be charged to each consumer each month in accordance with the following applicability provisions; (1) Individual Metered Residential Service — Applicable to all consumers that represent service to a residential dwelling unit that is individually metered for water service. (2) Master-metered Multifamily Residential Service — Applicable to all sewer consumers that represent service to a residential dwelling units that is master- metered (more than one residential dwelling unit being served by the water meter measuring service to the premise) which would include, but not be limited to, condominiums, apartments, and duplexes. (3) Non-residential Service — Applicable to all sewer customers that are not classified as individually metered residential service or master-metered residential service which primarily represents service to commercial, public authorities, and institutional customers. (b) To the extent practical, all sanitary sewer service provided to a consumer shall be based on the metered water delivered to the premise, exclusive of water-only service which is separately metered by the city, and shall be billed the sewer consumption charge and the purchased sanitary sewer pass-through charge, which rate shall be prorated for each 100 gallons in the event of increments of less than 1,000 gallons for all consumers being billed for sanitary sewer service. With respect to the billing for sanitary sewer use, the sewer consumption rates and the purchased sanitary sewer pass-through rate as defined in this section may be added together for rate application or billing purposes on a consumers bill. (c)Pass-Through of Purchased Wholesale Sanitary Sewer Charges. The Purchased Sanitary Sewer Pass-through Rate, which is applied to all sanitary sewer consumers being billed for sewer service, shall be increased or decreased by the city by applying a pass-through adjustment factor for any change in the rates charged to the city for wholesale wastewater treatment and disposal services purchased from WASD (the "Sanitary Sewer Pass-Through Adjustment") to the Purchased Sewer Pass-through Rate charged by the city. (1) Adjustment Schedule. The implementation of the adjustment to the Purchased Sanitary Sewer Pass-Through Rate for any month that a change in wholesale sanitary sewer rates by WASD is effectuated ("Sewer Cost Recovery") shall occur without a public hearing. Sewer Cost Recovery shall be employed each time that WASD adjusts the average annual wholesale sanitary sewer rates that are billed to the city. Any adjustment to the Purchased Sanitary Sewer Pass-Through Rate based on the determination of the change in wholesale rates shall be implemented in the month immediately following the determination of the Purchased Sanitary Sewer Pass-Through Adjustment. The Purchased Sanitary Sewer Pass-Through Rate as shown on Appendix A and as may be further adjusted automatically in the future by the implementation of the provisions of this section and which are then in effect shall be increased or decreased by the city by applying a Purchased Sanitary Sewer Pass-through Adjustment established in accordance with this subsection to the then effective Purchased Sanitary Sewer Pass-Through Rate Page 10 prior to such application. Nothing herein shall preclude the city from making additional changes to the monthly sanitary sewer user rates for service. (2) Applicability of Purchased Sanitary Sewer Rates. The Purchased Sanitary Sewer Pass-Through Rate shall be in addition to any sewer consumption rates for all retail and wholesale customers that are billed for wastewater treatment and disposal services by the city. The following are the customers that shall be subject to the application of the Purchased Sanitary Sewer Pass-through Rate and shall be subject to the pass-through for changes in the cost of purchased wastewater treatment and disposal services from WASD (the "Applicable Customers"): (i) The retail water customer classes that are billed the sewer consumption charge referenced in this section. (ii)All separate utilities or local governments that may receive wholesale sewer service provided by the city currently or in the future which is not considered as retail customers. f3) Calculation of Purchased Sanitary Sewer Pass-Through Adjustment. T he Purchased Sanitary Sewer Pass-Through Adjustment shall be calculated using the following formula: PSPTA = ((IWWC— PWWC) * (1 / (1- (DF+T+O)) ) Where: PSPTA = The Purchased Sanitary Sewer Pass-Through Adjustment to be used for Sewer Cost Recovery to determine the monetary adjustment in the Purchased Sanitary Sewer Pass-through Rate to be applied the Applicable Customers. The PSPTA represents the respective dollar increase or decrease to account for changes in average annual wholesale wastewater rates charged by WASD to the city that is added or subtracted, respectively to the Purchased Sanitary Sewer Pass-Through Rate. IWSC = The increased average annual wholesale or purchased sanitary sewer rate charged by WASD expressed on a dollar per 1,000 gallons basis that became effective for the month immediately after the PWSC. PWSC = The prior average annual wholesale or purchased sanitary sewer rate charged by WASD expressed on a dollar per 1,000 gallons basis immediately prior to th e billing of the adjusted wholesale or purchased sewer rate by WASD. DF = The fee paid to the Department of Environmental Resources Management (DERM) which is based_on a percent of rate revenues billed by the city. Page 11 T = Any and all taxes or tax equivalents that may be paid by the sewer system that is based on revenues billed by the city, including any payment in lieu of tax imposed by the city on its sanitary sewer system. 0 = Any and all charges that may be paid by the city on behalf of the sanitary sewer system that is based on revenues billed by the city, including any funding of renewals and replacement fund deposits that is determined as a percent of revenues billed. (4) Determination of Purchased Sanitary Sewer Pass-Through Rate. The Purchased Sanitary Sewer Pass-Through Rate shall be determined based on the addition or subtraction of the Purchased Sanitary Sewer Pass-Through Adjustment to the rates in effect immediately preceding such adjustment and shall be rounded to the nearest cent. The Purchased Sanitary Sewer Pass-Through Adjustment application shall be based on the following formula: APSTR = PSTR + PSPTA Where: APSTR = The Adjusted Purchased Sanitary Sewer Pass-Through Rate that is to be placed in effect after the application of the Purchased Sewer Pass-Through Adjustment to all Applicable Customers billed for wastewater service. PSTR = The Purchased Sanitary Sewer Pass-Through Rate in effect immediately prior to the application of the PSPTA. PSPTA = The Purchased Sanitary Sewer Pass-Through Adjustment as determined as a result of a change in wholesale wastewater rates as billed by WASD. (5) An example of the calculation of the determination of the Purchased Sanitary Sewer Pass-Through Adjustment and the corresponding change to the Purchased Sanitary Sewer Pass-Through Rate is illustrated in the following table: Page 12 Line Formula No. Reference Amount Prior Wholesale Purchased Sanitary Sewer Rate './1 000 •allons 1 PWSC '.2.7879 Increased Wholesale Purchased Sanitary Sewer Rate '.11 000 •allons 2 IWSC '.2.9477 Percent Change in Wholesale Purchased Sanitary Sewer Rate 3=(2-1)/1 5.73% Adjustments De•artment of Environmental Resources Mana•ement 4 DF 8.00% Taxes and Tax Equivalents 5 T 0.00% Other Adjustments 6 0 0.00% Adjustment Factor = 1/(1-(D+T+O)) =1/0.92 7 1.08696 Purchased Sewer Pass-Throu•h Percent Ad'ustment 8=(3*7) 6.22% Prior Purchased Sanitary Sewer Pass-Through Rate '41 000 •allons 9 PSTR '.3.50 Purchased Sanita Sewer Pass-Throu•h Ad'ustment 10=9*8 PS PTA $0.22 Adjusted Purchased Sanitary Sewer Pass-Through Rate '41 000 •allons 11=9+10 APSTR '.3.72 (d) Pass-Through Adjustment Charges. The Applicable Rates as shown in Appendix A and as may be further adjusted automatically in the future by implementation of the provisions of this section and which are then in effect shall be increased or decreased by the city by applying a pass-through adjustment factor established in accordance with this subsection (the "Pass-Through Factor") to the Applicable Rates for increases or decreases in the Applicable Costs. All Applicable Rates so adjusted (the "Pass-Through Rates") shall be charged by the city's sanitary sewer system. (1) Adjustment Schedule. The implementation of Pass-Through Rates for any month associated with a change in Applicable Costs ("Cost Recovery") shall be placed into effect automatically and shall occur without a public hearing. Nothing herein shall preclude the city from making additional changes to the monthly sanitary sewer user rates for service. (2) Applicable Rates. The sewer base facility, sewer consumption charges, and Purchased Sewer Pass-through Rate referenced in subsection 110-167(a) shall be subject to Cost Recovery. (3) Applicable Costs. Only the following cost categories qualify as Applicable Costs for Cost Recovery: (i) All increases or decreases in the percentage charge of the Department of Environmental Resources Management. Page 13 (ii) All increases or decreases in the application of any tax or tax equivalents, including any payment in lieu of tax imposed by the city on its sanitary sewer system. (iii) All other cost increases incurred by the sanitary sewer system as a result of any regulatory changes or requirements imposed by any regulatory agency having jurisdiction over the utility system operations (a "Regulator"). (4) Calculation of Pass-Through Factor. The Pass-Through Factor shall be calculated using the following formula: PTF = ARR/ ER Where: PTF = The Pass-Through Factor used for Cost Recovery to determine the monetary adjustment in the Applicable Rates. The PTF represents the estimated annual increase in the Applicable Costs, expressed as a percentage of the most recent historical revenues derived from the Applicable Rates for the most recently completed fiscal year. ARR = Additional Required Revenue equal to the estimated annual change in the Applicable Costs that will affect the overall cost of providing sanitary sewer system services as determined by the city. ER = The total actual revenues earned by the Enterprise System from the Applicable Rates for the sanitary sewer system as reported in the city for the most recently completed fiscal year. (5) Determination of Pass-Through Rates. The Pass-Through Rates shall be determined based on the Pass-Through Factor applied uniformly to the Applicable Rates in effect and shall be rounded to the nearest cent. The Pass-through application shall be based on the following formula: PTR = (AR)(1 + PTF) Where: PTR = The Pass-Through Rates that are to be placed in effect for the current fiscal year through application of the Pass-Through Factor. AR = The Applicable Rates in effect immediately prior to the application of the Pass-Through Factor. PTF = The Pass-Through Factor as determined by the city to recover the net change in Applicable Costs. * * * Page 14 Sec. 110-171 Rate Indexing. (a) Except as otherwise provided in this subsection, the monthly user rates established in subsections 110-167(a) for the water system and 110-168(a) for the sanitary sewer system (collectively, the "Applicable Rates") as shown on Attachment A and as may be further adjusted automatically in the future by implementation of the provisions of this section and which are then in effect shall be increased by the City each year by applying the price index factor established for that year in accordance with this subsection (the "Price Index Factor") to the then Applicable Rates to offset the effects of inflation on the cost of operating and maintaining the system. The Rate Index shall never be less than 0.0%. All Applicable Rates so adjusted (the "Indexed Rates") shall be implemented by the City. (1) Adjustment Schedule. Each implementation of Indexed Rates ("Rate Indexing") shall be placed into effect automatically and shall occur without a public hearing. Rate Indexing shall not be employed more than once in any fiscal year. Any Indexed Rates based on the operating and maintenance expenses for the most recently completed fiscal year shall be implemented as of October 1st of the subsequent fiscal year. Nothing herein shall preclude the City from making additional changes to the water or wastewater rates for service. (2) Applicable Rates. The water base facility charge and water consumption charges referenced in subsections 110-167(a) for the water system and sanitary sewer base facility charge and sanitary sewer consumption charges referenced in subsections 110-168(a) for the sanitary sewer system shall be subject to Rate Indexing. The purchased water pass-through rate and the purchased sanitary sewer pass-through rates as referenced in the respective subsections shall not be subject to Rate Indexing. (3) Calculation of Price Index Factor. The Price Index Factor shall be determined based on the actual reported financial results as contained in the annual comprehensive annual financial report and the records for the most recently completed fiscal year preceding the determination of the Rate Index (the "Calculation Period"). By way of example, the Rate Index to be applied on October 1, 2017 would be based on the actual financial results for the twelve months ended September 30, 2016. The Price Index Factor shall be calculated using the following formula: PIF = ((OP - (PWE + PSE + PT)1*EPI)/ HER - PTR)/ * (1 /(1- (DF+T+O)))1 Where: PIF = The Price Index Factor used for Rate Indexing to determine the monetary adjustment in the Applicable Rates. The PIF represents the estimated increase in operation and maintenance expenses during the Calculation Period that is subject to inflation, expressed as a percentage of Applicable Rates revenues earned during the Calculation Period. The amount of the Rate Index increase is a component of any additional revenue required by the Utility System to ensure compliance with the Bond Covenants and fiscal requirements of the utility system (the "Additional Required Revenue"). Page 15 OP = The total expenses, paid or accrued, for the operations, maintenance, and repair of the water and wastewater systems as reported in the comprehensive annual financial report and other financial records for the city for the Calculation Period after excluding: (a) allowances for depreciation and amortization expense; and (b) capitalized salaries and other overhead related to the city's Capital Improvement Program (CIP). Such total expenses as adjusted for the stated exclusions are hereinafter referred to as the "Operating Expenses". PWE = That component of the Operating Expenses (OP) that represent the cost of purchased water service from WASD for the Calculation Period, adjusted to include the fee paid to the Department of Environmental Resources Management (DERM) which is based on a percent of rate revenues billed by the city for this component of expense. PSE = That component of the Operating Expenses (OP) that represent the cost of purchased sanitary sewer service from WASD for the Calculation Period, adjusted to include the fee paid to the Department of Environmental Resources Management (DERM) which is based on a percent of rate revenues billed by the city for this component of expense. PT = The sum of all other components of the Operating Expenses (OP) for the Calculation Period for which increases in those components may be recovered separately as a pass-through adjustment pursuant to subsections 110-167(d) for the water system and 110-168(a) for the wastewater system. EPI = The Consumer Price Index—All Urban Consumers, Miami-Fort Lauderdale, as published by Bureau of Labor Statistics (the "Effective Price Index") as reported for the month of April of the current year compared to the index reported for the immediately preceding month of April. By way of example, the Effective Price Index published by Bureau of Labor Statistics — All Urban Consumers, Miami-Fort Lauderdale, as of April 2015 was 245.195 and as of April 2016 was 248.741 or a change of 1.446% which shall be applied to the applicable Operating Expenses reported for Fiscal Year 2015. ER = The total actual revenues earned by the Utility System from the Applicable Rates as reported in the comprehensive annual financial reports and other financial records for the Calculation Period. PTR = The total actual revenues earned by the Utility System during the Calculation Period from the application of i) the Purchased-Water Pass- Through Rate; ii) the Purchased-Wastewater Pass-Through Rate; and iii) any other expense that was categorized as a pass-through expense and separately evaluated. (4) Price Index calculation example. (i) An example of the calculation of the Price Index Factor based on reported Fiscal Year 2015 information is illustrated in the following table: Page 16 Line Formula No. Reference Amount Total Operating Expenses 1 OP $56,906,238 Less: Purchased Water Expenses 2 PWPTR $14,258,442 Purchased Wastewater Expenses 3 PSPTR 20,865,353 Other Pass-throu•h Ex•enses 4 PT 0 Adjusted Operating Expenses 5=1-2-3-4 '.21 782 443 Effective Price Index EPI April 2015 CPI Index 6 245.195 April 2016 CPI Index 7 248.741 Change in CPI Index 8=7-6 3.546 Annual Percent Change 9=8/6 1.44% Additional Required Revenue (Numerator) 10=5*9 $313,667 Actual Applicable Rate Revenues Earned 11 ER $73,291,986 Less: PTR Purchased-Water Pass-Through Rate Revenue 12 '.15 498 307 Purchased-Sanitary Sewer Pass-Through Rate Revenue 13 22 679 732 Applicable-Rate Revenue (Denominator) 14=11-12-13 $35,113,974 Price Index Factor before Adjustments 15=10/14 0.89% Adjustments: Department of Environmental Resources 16 DF 8.00% Management Taxes and Tax Equivalents 17 T 0.00% Other Adjustments 18 0 0.00% Adjustment Factor= 1/(1-(D+T+O)) =1/0.92 19 1.08696 Price Index Adjustment 20=15*19 PIF 0.97% (ii) Determination of Indexed Rates. The Indexed Rates shall be determined based on the Price Index Factor applied uniformly to the Applicable Rates in effect and shall be rounded to the nearest cent. The determination shall be based on the following formula: IR = (AR)(1 + PIF) Where: Page 17 IR = The Indexed Applicable Rates that are to be placed in effect for the current fiscal year through application of the Price Index Factor. AR = The Applicable Rates in effect immediately prior to the application of the Price Index Factor. PIF = The Price Index Factor determined for the Calculation Period. SECTION 2. That Chapter 110, "UTILITIES," Article IV "Fees, charges, rates and billing procedures," at APPENDIX A is hereby amended as follows: APPENDIX A FEE SCHEDULE * * * Article IV. Fees, Charges, Rates and Billing Procedures Division 2. Rates, Fees and Charges 110-166(a) Minimum service charge: 441,14161-144 Gallons of Monthly Size-ef Service Charge Watec Meter (effective for billings on _r n tec October 1, 2000) a 54900 $1-1415 000 15. 17 44/212 111,000 21.31 17,000 37.57 3E 4 000 88-40 4" 80,000 176.80 Page 18 Minimum Monthly Sipe-ef W Service Charge ater Meter (effective for October 1, 2001) 9 " 5,000 $ 0 7,G00 15.82 441,2 11,000 2486 17,000 38A2 3" 21-07400 9940 4" 80,000 0 6" 0,009 271.20 6" 200,000 452.00 M4414141-61414 Monthly Size-of Gallons of Servi earge Water Meter # (effective for October 1, 2002) 5,000 $4-1.55 4'• 7,000 16.17 14,2 11,000 25.11 17,000 39: 7 3" 40,009 92.10 80,900 181.80 Page 19 6" 120,000 277.20 82 200,000 462,00 Win} Gal-lens-of Monthly Size-ef Service Chargo Meter (efen or Meter billings on or after October 1, 2003 ,000 $11.88 4" 000 46.60 4442 4-1,000 26.01 17,000 400 3" 497000 94.48 4 80,000 488.88 6" 430,000 288,28 200-,-000 472.08 um Galleas-of y ref Servise-Ghafge Water Meter b {effective for billings on or after October 1, 2004) -' 5,000 $42,-1-3 7-7000 16.95 Page 20 4 11,000 269 2-' 17,000 41.05 32 49,900 96-48 4" 80,000 192.88 62 420,000 289.28 200,000 482,08 TT MinimTQs um TVTTTTTTTT Menthly Gallons of Size Service Charge ater Meter b (effective for 1 October 1, 2005) 5,090 $42.38 4-' 7,000 47.30 444E 11,000 27.11 2" 17,000 4 1.90 3-' 40490 98 4" 80,000 4968 62 420,080 29528 200,000 492.08 Win} ref Monthly Water Meter Service Charge per-Month (effective for billings on or after Page 21 October 1, 2006) 3 ,0n 4" 77000 19.53 4442 11,000 30.69 22 47,000 '17.43 3" 40,900 111.60 4" 80,000 223.20 6" 420,000 334.80 82 200,000 558.00 Me Rthly Gallons of Size-ef Service Chargc Watec Meter b (effective for billings on or after October 1, 2007) 5,000 $ 5 4" 7,090 22.61 4,052 41,000 35,53 17,000 54.91 32 40,000 429,20 42 80,000 258.40 62 420,000 33 0 8" 200,000 646.00 Size-of Gallons-ef ` r Page 22 Meter Water y per-Month Service Charge (effective for billings on or after October 1, 2008) 9 n 640-0 $4-9-40 2716 tzY 4100 42,6.8 17,000 65796 3" 4070.00 155.20 42 80000 310.40 62 1-20;000 465:-60 82 300,000 776.00 Service Charge Size-of Gallons-af-Water Meter per-Month (effective for M billings on or after October 1, 2009) s 5, 00 $21.80 7,080 30.52 11,000 '17.96 2" 1-77000 74.12 32 40000 174.40 42 807900 34830 62 420,000 523.20 Page 23 62 200,000 X00 m Monthly Gallons of Sipe-of Service Charge Water Meter (effective for billings on or after October 1, 201'l) 5,000 $ 5 • 4•' 7-7009 31.01 4 41-7000 X18.73 22 17,000 75.31 3" � 407000 177.20 4" 80,099 35440 62 4207000 53440 6" 200,000 486,00 Section this Description Amount Code Water in excess of subsection 110 166(a), shall bo • ... . -. • • ..• 1,000 gallons, effective with billings on or after October 1, 2001; $2.31 per 1,000 gallons, effcctivo 110 _ _ .. „ e- 166(b) 1,000 gallons, effective with billings on or after with billings on or after October 1, 2001; and $2.51 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; Page 24 $3.23 per 1,000 gallons, effective with billings on or after October 1, 2007; $3.88 per 1,000 gallons, cffcctivc with billings on or after October 1, 2008; --- . on or after October 1, 2009; and $4A3 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. 110-166(a)(1) Individual Metered Residential Service Base Facilit Char•e •er meter size Rate 3/4-inch 1-inch 8.16 1-1/2-inch 8.96 2-inch 9.76 3-inch 10.24 4-inch 11.80 Water Consumption Charge (per 1,000 gallons) 0 to 8,000 Gallons $0.90 8,001 to 16,000 Gallons 2.48 16.001 to 24,000 Gallons 3.69 Above 24 000 Gallons 5.04 Purchased Water Pass-Through Rate (per 1,000 gallons) All Water Use $1.93 _110-166(a)(2) Master-Metered Multifamily Residential Service Base Facility Charge (per meter size) Rate 3/4-inch '.7.82 1-inch 16.88 1-1/2-inch 32.20 _ 2-inch 50.43 3-inch 97.39 4-inch 151.24 6-inch 302.99 8-inch 478.48 10-inch 686.84 12-inch 1 269.69 Water Consumption Charge (per 1,000 gallons) f*1 Block 1 '.1.58 Block 2 2.70 Block 3 3.60 Page 25 - Purchased Water Pass-Through Rate (per 1,000 gallons)_ _ All Water Use $1.93 (*1 Usage blocks by meter size: Block 1 Block 2 Block 3 Size of Meter (gallons) (gallons) jgallons) 3/4-Inch 0 to 16,000 16,001 to 32,000 Over 32.000 1-Inch 0 to 40,000 40,001 to 80,000 Over 80.000 1.5-Inch 0 to 80.000 80,001 to 160,000 Over 160,000 2-Inch 0 to 128,000 128,001 to 256,000 Over 256,000 3-Inch 0 to 256,000 256,001 to 512,000 Over 512,000 4-Inch 0 to 400,000 400,001 to 800,000 Over 800.000 6-Inch 0 to 800,000 800,001 to 1,600,000 Over 1,600,000 8-Inch 0 to 1,280,000 1,280,001 to 2,560,000 Over 2,560,000 10-Inch 0 to 1,840,000 1,840,001 to 3,680,000 Over 3,680,000 12-Inch 0 to 3,440,000 3,440,001 to 6,880,000 Over 6,880,000 110-166(a)(3) Non-Residential Service Base Facilit Char•e •er meter size Rate 3/4-inch 1-inch 16.88 1-1/2-inch 32.20 2-inch 50.43 3-inch 97.39 4-inch 151.24 6-inch 302.99 8-inch 478.48 10-inch 686.84 12-inch 1 269.69 Water Consumption Charge (per 1,000 gallons) f* Block 1 $1.58 Block 2 2.70 Block 3 3.60 Purchased Water Pass-Through Rate (per 1,000 gallons) All Water Use $1.93 [*1 Usage blocks by meter size: Block 1 Block 2 Block 3 Size of Meter (gallons) (gallons) jgallons) 3/4-Inch 0 to 16.000 16,001 to 32,000 Over 32.000 1-Inch 0 to 40,000 40,001 to 80,000 Over 80,000 1.5-Inch 0 to 80.000 80,001 to 160,000 Over 160,000 2-Inch 0 to 128,000 128,001 to 256,000 Over 256,000 3-Inch 0 to 256.000 256,001 to 512,000 Over 512,000 4-Inch 0 to 400,000 400,001 to 800,000 Over 800,000 6-Inch 0 to 800,000 800,001 to 1,600,000 Over 1,600,000 8-Inch 0 to 1,280,000 1,280,001 to 2,560,000 Over 2,560,000 10-Inch 0 to 1,840,000 1,840,001 to 3,680,000 Over 3,680,000 12-Inch 0 to 3,440,000 3,440,001 to 6,880,000 Over 6,880,000 Page 26 110-166(a)(4) Individual Metered Residential Irrigation Service Base Facilit Char.e •er meter size Rate 3/4-inch $7.82 1-inch 8.16 1-1/2-inch 8.96 2-inch 9.76 3-inch 10.24 4-inch 11.80 Water C onsumptionCharge •er 1,000 •allonsi 0 to 16,000 Gallons $2.47 Above 16,000 Gallons 5.04 Purchased Water Pass-Through Rate (per 1,000 gallons) All Water Use $1.93 110-166(a)(5) Master-Metered Multifamily Residential Irrigation Service Base Facilit Char.e per meter size Rate 3/4-inch '.7.82 1-inch 16.88 1-1/2-inch 32.20 2-inch 50.43 3-inch 97.39 4-inch 151.24 6-inch 302.99 8-inch 478.48 10-inch 686.84 12-inch 1,269.69 _ Water Consumption Charge (per 1,000 gallons) f* Block 1 '.2.47 Block 2 5.04 Purchased Water Pass-Throu•h Rate per 1 000 •allons All Water Use $1.93 1.*1 Usage blocks by meter size: Block 1 Block 2 Size of Meter (gallons) (gallons) 3/4-Inch 0 to 32.000 Over 32,000 1-Inch 0 to 80,000 Over 80,000 1.5-Inch 0 to 160,000 Over 160,000 2-Inch 0 to 256.000 Over 256,000 3-Inch 0 to 512,000 Over 512,000 4-Inch 0 to 800,000 Over 800,000 6-Inch 0 to 1,600,000 Over 1,600,000 8-Inch 0 to 2,560,000 Over 2,560,000 10-Inch 0 to 3,680,000 Over 3,680,000 Page 27 12-Inch 0 to 6,880,000 Over 6,880,000 110-166(a)(6) Non-Residential Irrigation Service Base Facilit Charge (per meter size) Rate 3/4-inch 1-inch 16.88 1-1/2-inch 32.20 2-inch 50.43 3-inch 97.39 4-inch 151.24 6-inch 302.99 8-inch 478.48 10-inch 686.84 12-inch 1,269.69 Water Consumption Charge (per 1,000 gallons) F*1 Block 1 '.2.47 Block 2 5.04 _ Purchased Water Pass-Through Rate (per 1,000 gallons) All Water Use $1.93 f*1 Usage blocks by meter size: Block 1 Block 2 Size of Meter (gallons) jeallons) 3/4-Inch 0 to 32,000 Over 32,000 1-Inch 0 to 80,000 Over 80,000 1.5-Inch 0 to 160,000 Over 160,000 2-Inch 0 to 256,000 Over 256,000 3-Inch 0 to 512,000 Over 512,000 4-Inch 0 to 800,000 Over 800,000 6-Inch 0 to 1,600,000 Over 1,600,000 8-Inch 0 to 2,560,000 Over 2,560,000 10-Inch 0 to 3,680,000 Over 3,680,000 12-Inch 0 to 6,880,000 Over 6,880,000 110-166 Fire s•rinkler s stem Rate Base Facility Charge (per meter size) 2-inch $9.34 3-inch 17.18 4-inch 26.00 6-inch 50.50 8-inch 79.90 10-inch 114.20 110-166(g) Tapping fee, per size of tap in inches: Rate 3/-inch 4,726.00 1-inch 4,665.00 Page 28 11/2 -inch 5,106.00 2-inch 5,116.00 3-inch 5,627.00 4-inch 6,189.00 16-inch 6.808.00 110-166(h) Guarantee of payment deposit, per service in inches: 3/ 40.00 1 50.00 1'/2 60.00 2 100.00 3 500.00 4 600.00 6 1,000.00 8 1,500.00 110-166(i) Re-read fee (Charged if meter found 25.00 to be working properly) 110-166(j) Special read fee 25.00 Servicing a meter found damaged, destroyed or missing will require 110-166() actual replacement cost plus all Actual costs costs associated with replacement of meter 110-166`) Field visit fee: Normal business hours 25.00 After normal business hours 50.00 Page 29 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 .I I . . . or after October 1, 2002; $4.03 per 1,000 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 110168(a) 1, 2005; and $4.25 per 1,000 gallons, effective with billings on or after October 1, 2006;$4.93 per 1,000 gallons, effective with billings on or after October 1, 2007; $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 billing on or after October 1, 2014; and $8.23 per 1,000 gallons effective with billing on or after October 1, 2015 110-168(a)(1) Individual Metered Residential Service Base Facility Charge fall meter sizes) Rate All Meter Sizes Sewer Consumption Charge (per 1,000 gallons) All Gallons (based on metered water consumption) $4.26 Purchased Sanitary Sewer Pass-Through Rate (per 1,000 gallons) All Gallons (based on metered water consumption) $4.76 110-168(a)(2) Master-Metered Multifamily Residential Service Base Facility Charge (per meter size) Rate 3/4-inch 1-inch 18.88 1-1/2-inch 36.25 2-inch 57.10 Page 30 3-inch 112.70 4-inch 175.25 6-inch 349.00 8-inch 557.50 10-inch 800.75 12-inch 1,495.75 Sewer Consumption Charge (per 1,000 gallons) All Gallons (based on metered water consumption) $4.26 Purchased Sanitary Sewer Pass-Through Rate (per 1,000 gallons) All Gallons based on metered water consumption '.4.76 110-168(a)(3) Non-Residential Service Base Facilit Char•e •er meter size Rate 3/4-inch 1-inch 18.88 1-1/2-inch 36.25 2-inch 3-inch 4-inch 175.25 6-inch 349.00 8-inch 557.50 10-inch 800.75 12-inch 1,495.75 Sewer Consumption Charge (p er 1,000 gallons) p 4 All Gallons (based on metered water consumption) $4.26 Purchased Sanitary Sewer Pass-Through Rate (per 1,000 gallons) All Gallons (based on metered water consumption) $4.76 * * * SECTION 3. REPEALER All ordinances or parts of ordinances and all section and parts of sections in conflict herewith be and the same are hereby repealed. SECTION 4. CODIFICATION It is the intention of the City Commission, 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 as Page 31 amended; that the sections of this ordinance may be renumbered or relettered to accomplish such intention; and that the word "ordinance" may be changed to "section" or other appropriate word. SECTION 5. SEVERABILITY If any section, subsection, clause or provision of this Ordinance is held invalid, the remainder shall not be affected by such invalidity. SECTION 6. EFFECTIVE DATE This Ordinance shall take effect ten days following adoption. PASSED and ADOPTED this a?7 day of 5epie rn ber , 2016. ' Mayor Philip Levi,e { ATTEST: / / APPROVED AS TO . Ii Ca FORM & LANGUAGE City Cler Rafael Gran do &FO EX CUTION LILA\L Or A Underline denotes new langua•;-���`"'71%o� C�tyAtto - Dote■ denotes delet=����� ae ��I1h/ i. :: /.. °1:01°.- \ t* .:INCORP ORATED: �°1'TCH 2�'9 NI Page 32 Ordinances - R5 I MIAMI BEACH COMMISSION MEMORANDUM TO: Honorable Mayor and Members of the City Commission FROM: Jimmy L. Morales, City Manager DATE: September 27, 2016 . 5:10 p.m. Second Reading Public Hearing SUBJECT: AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, AMENDING CHAPTER 110 OF THE CODE OF THE CITY OF MIAMI BEACH ENTITLED "UTILITIES," ARTICLE IV, ENTITLED "FEES, CHARGES, RATES AND BILLING PROCEDURE," AT SECTION 110-166, ENTITLED "SCHEDULE OF WATER RATES AND TAPPING CHARGES;" AT SECTION 110-168, ENTITLED "SANITARY SEWER SERVICE CHARGE" ARE TO BE AMENDED; AND CREATING SECTION 110-171, ENTITLED "RATE INDEXING," IN ORDER TO ADJUST AND MODIFY HOW WATER AND SANITARY SEWER RATES ARE CALCULATED AND APPLIED; AND ALSO AMENDING APPENDIX A TO CHAPTER 110, ENTITLED "FEE SCHEDULE" TO INCREASE AND RESTRUCTURE THE WATER RATES AND SANITARY SEWER SERVICE CHARGES IMPOSED BY THE CITY PURSUANT TO SECTIONS 110-166, 110- 168, AND 110-171; PROVIDING FOR CODIFICATION; REPEALER; SEVERABILITY;AND AN EFFECTIVE DATE. RECOMMENDATION The Administration recommends the City Commission adopt such rates to enable collecting revenues sufficient to cover the cost of operating, maintaining, repairing and financing the water and sewer enterprise funds. The Miami-Dade Water and Sewer Department (WASD) proposed a sewer rate increase to all wholesale customers of$.1598 for sewer per 1000 gallons effective October 1, 2016. In order to further the City goal of sustainability, the Administration is recommending that we transition to a conservation rate structure consistent with the guidance and recommendations of the South Florida Water Management District and approving 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 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 are based on full cost recovery principles and consist of: Page 178 of 692 • 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; 8 % fee of previous year total revenue paid to the Miami-Dade County Environmental Resource Management Department (DERM). Public Resources Management Group, Inc. ("PRMG") was asked to evaluate the current rate structure and propose alternative (redesigned) rates as necessary to recover the costs of providing service given the target monthly user rate revenues for the Fiscal Year 2016/17 for consideration by the City Commission which will incentivize conservation of valuable water resources, meet industry standards regarding cost recovery/rate application to its customers, and maintain rate reasonableness among customers. The Miami-Dade Water and Sewer Department has informed all wholesale customers that the proposed water rate for FY2016/17 will remain unchanged. WASD has also notified wholesale customers that their proposed sewer rate will be $2.9477, an increase of $0.1598 above the current rate of $2.7879 per 1000 gallons. The cost of the proposed FY2016/17 sewer rate increase to Miami Beach is approximately $2,926,000. The proposed WASD wholesale water and sewer rates are subject to approval by the Board of County Commissioners at their Public Budget Hearings, scheduled for September 8 and September 22, 2016. Based on their review of the City's existing rates and projected rate revenues, billing statistics and operating costs, and understanding the City desire to enact a conservation rate, the recommended rate structure adjustments are listed below: A) Implementation of water and wastewater monthly base facility charges for the residential class. B) Implementation of water and wastewater monthly base facility charges for the general services class (commercial, master-metered residential, government, etc.) that increase based on meter size to recognize the diverse capacity (demand) characteristics among such customers which is consistent with utility rate structure norms and structures recommended by the Florida Public Service Commission(FPSC). C) Removal of the minimum water flow in the water minimum service charges to promote conservation and provide a pricing structure where water consumption charges are based solely on the amount of water a consumer uses: D) Implementation of tiered water rates to incentivize water conservation to those customers with discretionary water use (i.e., individually metered residential and irrigation customers); and E) Provide a cost recovery mechanism to promote long-term rate sustainability by the implementation of a purchased water and wastewater pass-through and price index rate adjustment. Water Revenue Review and Recommendation All operational expenditure increases related to the proposed cost of living adjustment 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. PRMG is proposing to modify the monthly billing to consist of: i) a base facility charge which serves as the monthly minimum service charge on each service installed, based upon the size of the meter installed in accordance with the standards of the Public Works Department; ii) a water consumption charge; and iii) a purchased water pass-through adjustment rate to recover the cost of purchased water Page 179 of 692 as billed by the Miami-Dade Water and Sewer Department (WASD). The monthly water user rates charged for service have been proposed and may be adjusted from time to time. PRMG also recommends that a monthly base facility charge be billed to all privately-owned fire protection systems and equipment connected to the city water system based on the size of the service line connecting the private system to the City's system. These systems provide fire protection and are not metered. The recommended monthly base facility charges are as follows: Proposed Fire Protection Fees By Meter Size Base Facility Charge (per meter size) Rate 2-inch $9.34 3-inch 17.18 4-inch 26.00 6-inch 50.50 8-inch 79.90 10-inch 114.20 The derivation of these charges are based on the methodology utilized by the Florida Public Service Commission (the "FPSC") in the regulation of private utilities that is often applied by public utilities in the State of Florida. In accordance with Section 25-30.465 of the Florida Administrative Code: 25-30.465 Private Fire Protection Rates. The rate for private fire protection service shall be a charge based on the size of the connection rather than the number of fixtures connected. The rate shall be one-twelfth the current base facility charge of the utility's meter sizes, unless otherwise supported by the utility. Sewer Revenue Review and Recommendation A significant portion of the sewer rate revenue requirement consists of the WASD charges for sewer treatment which has increased by six percent or approximately$3 million and DERM fees of approximately $400,000. The debt service is also proposed to increase by $2.5 million. Similar to the water rate, the revenue requirements will be met utilizing a base facility charge which will serve as the monthly minimum service charge, a consumption charge, and WASD pass through charges. Based on the rate determination methodology established, PRMG also recommends the City should increase the wastewater wholesale rates charged to the Village of Bal Harbour, the Town of Bay Harbor Islands, and the Town of Surfside (collectively, the "Satellite Cities") from $3.1050 to $3.2705 per 1,000 gallons of service effective October 1, 2016. Typical Proposed Rate Comparison 3/4"-Meter Residential Customer-Domestic Fiscal Year Fiscal Year 2016 2017 Difference Water Rates Minimum Service Charge/Base Facility Charge$22.15 $7.82 Page 180 of 692 Consumption Charge per 1,000 Gallons 0 to 4,000 Gallons $0.00 $0.63 [1] 4,001 to 5,000 Gallons 0.00 1.42 [1] 5,001 to 8,000 Gallons 4.61 1.42 [1] 8,001 to 16,000 Gallons 4.61 2.21 [1] 16,001 to 24,000 Gallons 4.61. 2.99 [1] Over 24,000 Gallons 4.61 3.78 [1] Purchased Water Pass-Through Rate per 1,000 Gallons (All Usage) $1.93 [1] Wastewater Rates Base Facility Charge N/A $8.45 Consumption Charge per 1,000 Gallons (All Flow) All Flow per 1,000 Gallons $8.23 $4.26 [2] Purchased Sewer Pass-Through Rate per N/A $4.76 [2] 1,000 Gallons (All Flow) Bill Comparison Monthly Cost to 10,000 Gallon Customer Water $45.20 $39.74 ($5.46) Wastewater 82.30 98.65 16.35 Combined $127.50 $138.39 $10.89 Monthly Cost to 5,000 Gallon Customer Water $22.15 $21.41 ($0.74) Wastewater 41.15 53.55 12.40 Combined $63.30 $74.96 $11.66 Footnotes: [1]The water consumption charge per 1,000 gallons and purchased water pass- through rate per 1,000 gallons are additive [2]The wastewater consumption charge per 1,000 gallons and purchased sewer pass- through rate per 1,000 gallons are additive CONCLUSION The Administration recommends approving the Ordinance on Second Reading Public Hearing. KEY INTENDED OUTCOMES SUPPORTED Ensure Expenditure Trends Are Sustainable Over The Long Term Legislative Tracking Public Works Page 181 of 692 Sponsor Commissioner Ricky Arriola ATTACHMENTS: Description o Ordinance • Page 182 of 692