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LTC 222-2008 FY 2008/09 Water and Sewer Rates and Stormwater Ratesm ,11AMIBEA OFFICE OF THE CITY MANAGER NO. LTC # 222-2008 LETTER TO COMMISSION TO: Mayor Matti H. Bower and Members of the City Commission FROM: Jorge M. Gonzalez, City Manag r~~C- i ~- DATE: September 4, 2008 SUBJECT: FY 2008/09 Water and Sewer Rates and Stormwater Rates This Letter to Commission (LTC) is to provide you copies of the September 8, 2008 budget hearing memoranda on the proposed water and sewer and stormwater rate increases. My office will contact your offices to offer individual briefings before the scheduled budget hearing. JM M/FHB/ F: ALL1(1) EMPLOYEE FOLDERSIKEITH WILDER1Commission ItemslWater and Sewer Rates LTC.doc r~ ~ -< co ~ ~ ~} cn r,~v ~l r rT' ~ ~:_ ~ `~ ;~:. :- v> ~ "~"- c; i"~f --~ ~ ~ -•, tD COMMISSION ITEM SUMMARY :ondensed Title: An Ordinance of the Mayor and City Commission of the City of Miami Beach, Florida, Amending Chapter 110 of the Miami Beach City Code entitled "Utilities," amending Article IV, entitled "Fees, Charges, Rates and Billing Procedure Thereof," Amending Division 2 Thereof Entitled "Rates, Fees and Charges;" De{eting Section 110-168 (b} entitled "Sanitary Sewer Charge," 7o Provide Additional Water Meter Fees; and also amending Appendix A, (Entitled "Fee Schedule,") to increase the Sanitary Sewer Charge imposed by the City Pursuant to Sections 110-166 (a) and (b), ... __.___~:ra.. .....t .,., Cfforfiva Harp Supporting Data (Surveys, Environmental Scan, etc.): In the 2007 Community Satisfaction Survey, 84% of ___.~....,...,..~„+~a ,.~.,~+ai nr~~PrtG as excellent or oood. aauc. Shall the Mayor and City Commission approve the amendment to the Ordinance on first rea mg an sc e u e ;em ~ummar IRCVVII l111GUM~/~w... The City's utility rates are structured to collect the necessary revenues to meet operating and maintenance costs o the water and 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 regards to water consumption, our projections are that water consumption levels would continue t0 be somewhat below budgeted amounts and prior year levels, yet these decreases will be offset by decreased system water losses and operational savings. The first component of the water and sewer rates is the Miami-Dade Water and Sewer Department (WASD) pass through rate. WASD proposed water rate for FY2008/09 is $1.4649, an increase of $0.3649 or 33.17% above the current rate of $1.10. WASD proposed sewer rate is $1.6869, a decrease of $0.0481, or 2.77% below the current rate of $1.7350. The second component of the proposed water and sewer rates is the need forfuture City revenue bond requirements to finance improvements to the City's aged water and sewer infrastructure, the majority of which has been in place for over 50 years. At the August 21, 2008 Finance and Citywide Projects Commiftee (FCWPC} meeting the Administration recommended a combined increase of water and sewer rates of $2.95. At the direction of the FCWPC, the Administration evaluated phasing of the financing of the bonds, and as a result, the Administration proposes a revised 2008!09 water rate of $4.13 and a sewer rate of $6.16 for a combined rate of $10.29 for the fist phase of rate increases. This represents a reduction of $0.82 of the combined water and sewer rate, which represents a reduction of $9.02 for the average 11,000 gallons per month customer. After reviewing our existing fees, it was determined that the tapping fee should be revised to reflect the actual operational expense for tapping work. The other ordinance change proposes the elimination of the sanitary sewer rebate. The rebate program entitles customers who use their domestic water service for irrigation to sign an affidavit, upon which they would be entitled to a `credit' of six {6) per cent of the total amount of sanitary sewer service charges paid by the customer during the preceding year. Most water and sewer municipal service providers allow installation of a separate irrigation meter to account for the water consumed for irrigation purposes. The City has already in place an irrigation meter program. A more sound business practice is to use actual meter readings rather than an affidavit, which is difficult to verify and poses an administrative burden. The Administration recommends approving the amendment to the Ordinance on first reading and t•Inanc~ai mrorrn auv„' Amount Account A roved pp Source of Funds: 1 $2,474,964 425-8000-343310 Water ~`~ ~ 2 $4,797,575 425-8000-343510 Sewer I OBPI - Total $7,272,539 ` }~ RGENDA 1TEN1 ~s~ ,mss l ~ ~M 1 ~ ~~~/ ~ DATE q-~~OR~ Im MIAMIBEACH City of Miami Beach, 1700 Convention Center Drive, Miami Beach, Florida 33139, www.miamibeachfl.gov COMMISSION MEMORANDUM TO: Mayor Matti Herrera Bower and Members of the City Commissio FROM: Jorge M. Gonzalez, City Manag~~~--. DATE: September 8, 2008 FIRST READING SUBJECT: AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, AMENDING CHAPTER 110 OF THE MIAMI BEACH CITY CODE ENTITLED "UTILITIES," AMENDING ARTICLE IV, ENTITLED "FEES, CHARGES, RATES AND BILLING PROCEDURE THEREOF;" AMENDING DIVISION 2, ENTITLED "RATES, FEES AND CHARGES," BY DELETING SECTION 110-168 (b) THEREOF, ENTITLED "SANITARY SEWER SERVICE CHARGE," TO PROVIDE ADDITIONAL WATER METER FEES; AND ALSO AMENDING APPENDIX A TO SECTION 110-166, (ENTITLED "FEE SCHEDULE,") TO INCREASE THE SANITARY SEWER SERVICE CHARGE IMPOSED BY THE CITY PURSUANT TO SECTIONS 110-166 (a) AND (b), AND 110-168 (a); PROVIDING FOR CODIFICATION, REPEALER, SEVERABILITY, AND AN EFFECTIVE DATE. ADMINISTRATION RECOMMENDATION The Administration recommends approving the Ordinance amendment on first reading and scheduling a second reading public hearing. ANALYSIS The City's utility rates for water and sanitary sewer services are structured to collect the necessary revenues amounts 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 wa#er p~,~rchased, the treatment of the City's sewage and other fees. Increasing the water and sanitary sewer rates in the amounts levied by the County and to pay all other costs listed above will keep the City water and sewer funds balanced. In general, the rates for water supply and sanitary sewer services consist of apass-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 Series 2000 Water and Sewer Revenue Bonds and the 2006 Gulf Breeze Loan (which financed some water and sewer projects); operating and maintenance costs for the water and sewer utility; and a 7.5°/a fee of previous year total revenue paid to the Miami-Dade County Environmental Resource Management Department (DERM). On August 21, 2008, at the Finance and Citywide Projects Committee (FCWP) meeting, the Administration provided an update of Fiscal Year (FY) 2007/08 water consumption trends and discussed proposed FY2008/09 water and sewer rates. Commission Memo September 8, 2008 Water and Sewer Rate Ordinance Memo Page 2 of 5 In regard to water consumption, our projections are that water consumption levels would continue to be somewhat below budgeted amounts and prior year levels, yet these decreases will be offset by decreased system water losses and operational savings. It is expected that SFWMD wilt continue the same level of irrigation restrictions long-term; therefore, we are using current fisca! year's water consumption levels to forecast future fiscal year revenues which reflects the current decreased consumption of water. In regard to FY 2008/09 water and sewer rates, the Administration presented a rate increase proposal to cover the County rate increase and the need for additional water and sewer bonds which would have resulted in a water and sewer bill increase to an average residential customer of $32.45 per month based on 11,000 gallons consumption per month. The FCWP expressed concern regarding the amount of the proposed increase and directed staff to evaluate a phased rate increase for the future based on a more detailed analysis of the timing of the capital projects. A discussion of the County and the City components of the proposed rate increases is provided below. FY2008l09 Miami Dade Count Wholesale Water and Sewer Rates The Miami-Dade Water and Sewer Department (WASD) had informed all wholesale customers of rate changes proposed for FY2008/09. The proposed water rate would be $1.4649, an increase of $0.3649 or 33.17% above the current rate of $1.10. The total cost of the proposed FY2008109 water rate increase to Miami Beach, even with the decreased consumption, is approximately $1.8 million. While the City has concerns with the County's cost allocation methodology, to date the County's position is that their methodology is sound. The Manager's proposed budget of August 6, 2008 includes the increase in the City water fees in order to pass through the wholesale rate increase proposed by the County. All other operational expenditures increases related to Cost of Living Adjustment to salaries, increased costs of health insurance and pension, and increases in other operating costs have been absorbed without fee increases, including a $474,088 true-up for FY2006l07 water cost for the County WASD has also notified wholesale customers that the proposed sewer rate will be $1.6869, a decrease of $0.0481, or 2.77% below the current rate of $1.7350. WASD has determined that the City is entitled to a credit of $1,660,338 for FY2006/07 sewage treatment charges. The Manager's proposed budget as distributed August 21, 2008 did not recommend a decrease in City's fees despite the $.048 decrease in the wholesale rate from the County as this somewhat mitigates additional rate increases needed in both water and sewer funds for coverage requirements related to the sale of additional bonds. The proposed wholesale water and sewer rates are subject to approval by the Board of County Commissioners at their second Public Budget Hearing, scheduled for Thursday, September 18, 2008. Rate Requirements for Additional Bonds The second component of the proposed water and sewer rates is the need for future water and sewer revenue to finance the replacement of the City's aged water and sewer infrastructure, the majority of which has been in place for over 50 years. At the Special Finance and Citywide Projects Committee meeting of June 30, 2008, a summary of future water and sewer bond funding needs for the Neighborhoods Right-of-Way projects was presented. At this meeting, the additional water and sewer funding need of $50 million and $21 million respectively for CIP managed projects was presented. An additional $8.9 million was identified for Public Works managed projects. Commission Memo September 8, 2008 Water and Sewer Rate Ordinance Memo Page 3 of 5 Subsequent to the meeting Public Works and CIP staff worked together to better define the scope of work requirements for water line replacements in future neighborhood projects and sewer improvements. In the case of the water main replacements, part of the objective is to identify water main sections in good condition, whose replacement could be deferred to at least 15 years in to the future. As part of this review, the City hired an engineering consultant to perform an updated hydraulic modeling of the City's water system; in addition, the consultant conducted soil resistivity tests to determine areas where the soil conditions would be a cause of pipe corrosion concern. Based upon the consultant's study, water main sections located in areas where soil conditions were considered corrosive were further investigated. To this end, Public Works staff took "coupons," cutting actual sections of pipe to visually examine levels of possible tuberculation, a condition that: (a) reduces the pipe's carrying capacity; (b) also causes loss of pressure; and, (c) can impact water quality. Using the engineering consultant's report and the results of the pipe coupons, City staff developed several tiers of potential funding level requirements based on water main construction opportunities and more recent costs estimates for future neighborhood projects. Using the information provided by the City and its Financial Advisor, the City's rate consultant completed a series of pro forma analyses that provide rate increase ranges for the different tiers that differentiate capital needs from a more to less conservative perspective In calculating the future rates, the City's consultant had to consider debt service coverage requirements which must be met for two conditions. The first condition, termed the additional bonds test, and requires that net revenues available for debt service must be not less than 110 percent of the maximum annual debt service of the outstanding plus prospective debt to be issued, for at least 12 months prior to the issuance of additional bonds. The second condition, which must be fulfilled annually, irrespective as to whether issuance of any prospective debt is contemplated, is termed the rate covenant. Net revenues available for debt service in each fiscal year must be not less than 110 percent of the principal and interest requirements for such fiscal year to meet the rate covenant. in addition to meeting the two debt service coverage conditions, annual revenues must be sufficient to meet other revenue requirements without resulting in a cash flow deficit. At the FCWP meeting of August 21, 2008, the Administration recommended the rate increase proposal of $1.47 per 1,000 gallons of water and $1.58 per 1,000 gallons of sewer; for a combined total of $2.95 per 1,000 gallons based on the unfunded future water bond requirement of $45.4 million and the future sewer bond of $4.9 million (including separate financing for the construction of the South Pointe Booster pump station). These increases were necessary to cover the pass-through County increase of $0.3649 per 1,000 gallons of water (partially offset by a decrease of $0.0481 per 1,000 gallons of sewer) in addition to the future water and sewer bond debt. The FCW P requested that the water and sewer rates not be increased all at once, but a phased rate increase approach be developed and brought back to the Commission at the Budget Hearing on September 8, 2008. To create a phased rate increase, the Administration has reviewed ways to spread out the tax- exempt bond issuance for the remaining water and sewer funded projects. As explained at the August 21.2008 FCWPC meeting, the proposed approach will be to seek a line of credit for water and sewerfunded projects, which will allow the City to have the necessary funding capacity to enter into new projects while allowing the City more time to both build the necessary capacity to issue additional tax-exempt bonds through rate increases and also spend down the current fully committed but unspent bond proceeds. While the General Fund will obtain the line of credit, the Water and Sewer Enterprise fund will pay for the origination and carrying costs as well as for any payments required by draws against the lines. Following a thorough review of the expected timing Commission Memo September 8, 2008 Water and Sewer Rate Ordinance Memo Page 4 of 5 of funding needs for remaining water and sewer projects, we could issue bonds in two series. The Water and Sewer Enterprise fund is expected to have the capacity to issue tax-exempt debt by October 2009, therefore, it could sell the first series of bonds to cover projects in the amount of $22.3 million plus any costs required to refund the line of credit. The second issue of $28 million could be issued in either October 2010 or 2011, as the funding is needed. Both alternatives are based on projects totaling estimated costs of $50.3 million as presented at the FCWP meeting of August 21, 2008. Alternative 1 projects issuance of tax exempt bonds in 2009 and 2010 while Alternative 2 projects issuance of tax exempt bonds in 2009 and 2011. The decision on which alternative to utilize will depend on the rate of cash disbursement of existing bond proceeds and the timing of the project startups. In both Alternatives 1 and 2, the recommended rate for FY2008! 09 is the same and therefore, until a decision is made on which alternative wild be used, the Administration at this time only recommends the adoption of the FY2008/09 rate. The FY2008/09 rate for water is $4.13/ 1,000 gallons and thre tact of the combed w/ater0andasewer~ateCncreases would be $23.43$month for0a gallons. The p typical user of 11,000 gallons per month. Alternative 1 . Cumulative Per 1,000 Gallons Current Rate FY2009 FY2010 FY2011 FY2012 FY2013 FY2014 Increase $1 53 Water $3.23 $4.13 $4.46 $4.50 $4.57 50% 1 $4.62 00% 1 $4.76 00% 3 . 47.37% Increase 28.00% 16 $6 8.00% 28 ~ $6 1.00% $6.41 . $6.47 . $6.53 . $6.53 $1.60 Sewer $4.93 . 25 00% . 2.00% 2.00% 1.00% 1.00% 0.00% 31.24% Increase . Per 1,000 gallons $2.13 $0.45 $0.17 $0.13 $0.11 $0.14 $3.13 or verage Water and Residential Sewer combined Use of Increase 11,000 Gallons Per Month $23.43 $4.95 $1.87 $1.43 $1.21 $1.54 $34.43 Alternative 2 Cumulative Per 1,000 Gallons Current Rate FY2009 FY2010 FY2011 FY2012 FY2013 FY2014 Increase 53 $1 Water $3.23 $4.13 $4.28 % $4.44 65% 3 $4.53 00% 2 $4.62 2.00% $4.76 3.00% . 47.37% increase $4 93 28.00% $6.16 3.65 $6.28 . $6.41 . $6.47 $6.53 $6.53 $1.60 Sewer . 00% 25 2.00% 2.00% 1.00% 1.00% 0.00% 31.24% Increase . Per 1,000 allons $2.13 $0.27 $0.29 $0.15 $0.15 $0.14 $3.13 Water and For Average Sewer Residential combined Use of Increase 11,000 Gallons: Per Month $23.43 $2.97 $3.19 $1.65 $1.65 $1.54 $34.43 Commission Memo September 8, 2008 Water and Sewer Rate Ordinance Memo Page 5 of 5 The recommended rate is conservative .in the area of needed bond coverage based on the information developed to date. The Administration will continue to work on the bond debt needs and anticipates having more information before it is necessary to actually issue the bonds. It may be possible to reduce the rates at that point. As shown in the table below by phasing the financing of the future water and sewer bond as recommended by the FCW PC members, the combined water and sewer for FY2008/09 rates were reduced by $0.82 from the rates presented on August 21, 2008, which represents a reduction of $9.02 for the average 11,000 gallons per month customer. Fee FY 8/21/08 Difference 9/08/08 Difference (per thousand 2007108 Proposed From FY Proposed From FY Difference _ _ nnn7~ns2 Rafia x(107/08 from 8/21/0 Combined Monthly Impact to 11,000 gallon Fee Chances After reviewing our existing fees, it was determined that the tapping fee should be revised to reflect the actual operational expense for tapping fees. Tapping is a significant operational expense, and a periodic review of the cost of making taps to our water and sewer system is appropriate and ensures that we are recovering the city's costs. The other ordinance change is the elimination of the sanitary sewer rebate. The rebate program entitles customers who use their domestic water service for irrigation to sign an affidavit, upon which they would be entitled to a `credit' of six (6) per cent of the total amount of sanitary sewer service charges paid by the customer during the preceding year. This type of rebate is not provided by other municipal water and sewer service providers and poses an administrative burden. Further, a more sound business practice is to use actual meter readings rather than an affidavit which is difficult to verify. Mast water and sewer providers allow the installation of a separate irrigation meter to account for the water consumed for irrigation purposes. The customer will not pay sewer fees water for the water accounted for by the irrigation meter. The City has already in place an irrigation meter program. CONCLUSION: The Administration recommends approving the Ordinance amendment on first reading and scheduling a second reading public hearing. JMG/RCM/FHB T:IAGENDA12008\Sepember 81FY09 Water and Sewer Rate Ordinance MEMO.doc ORDINANCE NO. AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, AMENDING CHAPTER 110 OF THE MIAMI BEACH CITY CODE ENTITLED "UTIL{TIES," AMENDING ARTICLE IV, ENTITLED "FEES, CHARGES, RATES AND BILLING PROCEDURE THEREOF;" AMENDING DIVISION 2 THEREOF, ENTITLED "RATES, FEES AND CHARGES;" AMENDING SECTION 110-168 (b) THEREOF, ENTITLED "SANITARY SEWER SERVICE CHARGE," TO PROVIDE ADDITIONAL WATER METER FEES; AND ALSO AMENDING APPENDIX A, (ENTITLED "FEE SCHEDULE"} TO INCREASE THE SANITARY SEWER SERVICE CHARGE IMPOSED BY THE CITY, PURSUANT TO SECTIONS 110-168 (a) AND (b), AND 110- 168 (b); 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 1995, the first series of Water and Sewer Revenue Bonds were issued to construct Phase I improvements for the Program; and WHEREAS, in 2000, the Series 2000 Water and Sewer Revenue Bonds were issued to continue the Program; and WHEREAS, the rate increases pr to the wateeandrsewerhnfrast uct tref and phased in debt instruments to continue improvements WHEREAS, the rate increases provided herein include the increases for water supply imposed by Miami-Dade County; and WHEREAS, with ongoing drought restrictions, the City anticipates a continuation of its decrease in water consumption and its corresponding decrease in water and sewer revenues; and WHEREAS, existing fees are being revised to reflect operational expenses for water main tapping services; and WHEREAS, the existing fee for sewer service disconnect is being increased to reflect actual costs being incurred by the City. NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, as follows: SECTION 1. That Chapter 110, Article IV, Division 2, Section 110-168 (b) of the Miami Beach City Code is hereby amended as follows: Chapter 110. Utilities Article IV, Fees, Charges, Rates and Billing Procedure Division 2. Rates, Fees and Charges Sec. 110-168. Sanitary Sewer Charge. --. .. --:r:_~~:..., h., ~ r v + •~„ of--the si~~-~.e SECTION 2. That Appendix A to Section 110, entitled "Fee Schedule," of the Miami Beach City Code is hereby amended as follows: Appendix A Fee Schedule 110-166{a) Size of Meter 3/ " 4 1" 1.5" 2" 3" 4" 6" 8" Size of Meter 3/ " 4 1" 1.5" 2" 3" 4" 6" 8" Size of Meter 3/ " 4 1" 1.5" 2" 3" 4" 6" 8" Minimum service charge: Gallons of Minimum Monthly Service Charge Water (effective for billings on or after October 1, 2000) per Month 5,000 $11.05 7,000 15.47 11,000 24.31 17,000 37.57 40,000 88.40 80,000 176.80 120,000 265.20 200,000 442.00 Gallons of Minimum Monthly Service Charge Water (effective for billings on or after October 1, 2001) per Month 5, 000 $11.30 7,000 15.82 11,000 24.86 i 7-,000 38.42 40,000 90.40 50,000 180.80 120,000 271.20 200,000 452.00 Gallons of Minimum Monthly Service Charge Water (effective for billings on or after October 1, 2002) per Month 5,000 $11.55 7,000 16.17 11, 000 25.41 17,000 39.27 40,000 92.40 80,000 184.80 120,000 277.20 200,000 462.00 Gallons of Minimum Monthly Service Charge Size of Water (effective for billings on or after October 1, 2003) Meter per Month 3/4" 5,000 $11.88 1 ~~ 7,000 16.60 1.5" 11,000 26.04 2" 17,000 40.20 3~~ 40,000 94.48 4~~ 80,000 188.88 6,~ 120,000 283.28 g°~. 200,000 472.08 Size of Gallons of Minimum Monthly Service Charge 4 Mater ) (effective for billings on or after October 1, 200 Meter per Month 3/4°~ 5,000 $12.13 1 °~ 7,000 16.95 1.5~° 11, 000 26.59 2°° 17,000 41.05 3°~ 40,000 96.48 4" 80,000 192.88 g~~ 120,000 289.28 g" 200,000 482.08 e of Si Gallons of Minimum Monthly Service Charge z Water (effective for billings on or after October 1, 2005) Meter per Month 3/4" 5,000 $12.38 1 °~ 7,000 17.30 1.5" 11,000 27.14 2„ 17,000 41.90 3" 40,000 98.48 4" 80,000 196.88 6" 120,000 ~ 295.28 g" 200,000 492.08 Size of Gallons of Minimum Monthly Service Charge Water (effective for billings on or after October 1, 2006} Meter. per Month 3/,°~ 5, 000 $13.95 1 ~~ 7,000 19.53 1.5" 11,000 30.69 2„ 17, 000 47.43 3" 40,000 111.60 4" 80,000 223.20 6" 120,000 334.80 g°~ 200,000 558.00 Size of Gallons of Minimum Monthly Service Charge Water (effective for billings on or after October 1, 2007} Meter per Month /4" 5, 000 $16.15 1 ~° 7,000 22.61 1.5" 11,000 35.53 2" 17,000 54.91 3" 40,000 129.20 4" 80, 000 258.40 6°' 120,000 387.60 g" 200,000 646.00 Size of Gallons of Minimum Monthly Service Charge Meter Water (effective for billings on or after October 1, 2008_} per Month 3/4„ 5,000 46-a-5 20.65 1 ~° 7,000 x-6-1- 28.91 1.5" 11,000 3~ 45.43 2°~ 17,000 54.-a1- 70.21 3" 40,000 42.8 165.20 4°~ 80,000 ~:~8 330.40 6" 120,000 ~:~69 495.60 g" 200,000 646:-89 826.00 Description Section this Code Water in excess of subsection 110-166(a}, shall be as follows: $2.21 per 1,000 gallons, effective with e ilW th b~l nos oneorOafteb OctobeoO, $2.26 per 1,000 gallons, effectiv 9 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 110-166(b) after October 1, 2003; $2.49 per 1,000 gallons, effective effecti e s on or after October 1, 2004; and $2.54 per 1,000 gallons, with billings on or after October 1, 2005; and $2.79 per 1,000 gaNons, 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 4.13 er 1 000 allons effective with billin son or after October 1 2008. 110-168(x) Sanitary sewer service charge, shall be as follows: $3.73 per 1,000 2000' $3.81 per gallons, effective with billings on or after October 1, , 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 $ 616 per 1,000 Amount 110-166(d) Tapping fee, per size of tap in inches q,gg 4,726 3/Qn 688 4,665 1" g4.8 5.106 1.5" ~g 5,116 2" _~ 5.627 3" 4;87-8 6,189 4" X68 6.808 6" - o SECTION 3. CODIFICATION and it It is the intention of the Mayor and City Commission of the City of Miami Beach, is hereby ordained that the provisions of this ordinance shall became 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 15` day of October, 2008. PASSED and ADOPTED this day of , 2008 ATTEST: MAYOR CITY CLERK T:IAGENDA120081Sepember 81FY09 Water and Sewer Rate Ordinance1stRdg.d AppROVED AS TO GnRM & LANGUAGE COMMISSION ITEM SUMMARY Ke Intended Outcome Su ortea: Ensure well maintained infrastructure. Supporting Data (Surveys, Environmental Scan, etc.): In the 2007Community Satisfaction Survey, 84% of residents and 86% of businesses rated the recent) com leted ca ital ro'ects as excellent or ood. approve the amendment to the Ordinance on first reading Item Summa /Fiecommenaa~wn: At the Special Finance and Citywide Projects Committee meeting of June 30, 2008, a summary of future stormwater bond funding needs for the Neighborhoods Right-of-Way projects were presented. At this meeting, the additional stormwater funding need of $94.6 million was identified, based on anticipated scope of work requirements for future stormwater construction across the not-yet-started neighborhood projects. After the June 30, 2008 meeting, Public Works Department (PW) staff and Capital Improvement Projects (CIP) office staff met several times to review the unfunded capital needs for stormwater improvements in the future. Subsequently, CIP worked with PWD to hire a consultant to conduct an evaluation of the need to replace the existing stormwater culvert system; the consultant determined that the culvert system didn't need to be replaced. Staff believes a stormwater solution that reduces the amount of stormwater infrastructure improvements can be engineered with further hydraulic analysis of this neighborhood. Once a consultant is retained and a hydraulic model run, the design scope would be further refined and a cost reduction opportunity quantified. On August 21, 2008, at the Finance and Citywide Projects Committee (FCWPC) meeting, the Administration provided an overview of the proposed FY2008/09 stormwater Rates. The Administration recommended a rate increase of $7.25 to support a future bond debt requirement of $94.6 million. The Committee supported the rate increase but directed staff to evaluate the phasing of the financing to better spread the rate increases over several years. The Administration recommends that the future stormwater debt be kept at the $94.6 million required to fund components of the City's Capital Improvement Program, including recent, newly identified areas where flooding is a concern, for example the recently discussed hot spots. The City's Stormwater Improvement Program is meant to be for those areas in which private property is negatively affected by stormwater levels or a roadway becomes impassable by stormwater elevations exceeding the 5 year storm event. Those areas that are subject to nuisance flooding, where temporary accumulations of stormwater on a right-of-way are experienced and vehicular movement is not hindered would generally not be considered as part of this program. Nuisance flooding is permitted under the County's stormwater storage criteria up to a 5 year storm event, allowing rainfall water runoff to accumulate up to the crown of the road and up to 15 feet from private properties. As directed by the FCWPC, the Administration has evaluated phasing the financing of this future $94.6 million debt, which reduced the proposed rate increase for FY 2D08/09 from $7.25 per month for the average residential customer to $3.65 per month, a $3.60 reduction. THE ADMINISTRATION RECOMMENDS APPROVING THE AMENDMENT TO THE ORDINANCE ON FIRST o~nniwr_ et~n Sr:NEDULING A SECOND READING PUBLIC HEARING. Financial Inform urce of S ation: Amount Account .roved APP o Funds: 1 $4,035,314 427-8000-343710 stormwater 2 OBPI Total $4,035,314 Cit Clerk's Office Le islative TracKm Keith Wilder, ext 6192 Si n-Offs: De artment Director Assists t Mana er ana er FHB „ ci ~nene .i.,~ T:IAGENDA120D8\Sepember 8~r-YOy stormwa~er rca~c v~un~a~~~ ~~~•~.•~•~- . ` AGENDA ITEM .,~ l V l ~ ~ ~ ~~~~ DATE Q-~-O$ I[A- MIAMIBEACH City of Miami Beach, 1700 Convention Center Drive, Miami Beach, Florida 33139, www.miamibeachfl.gov COMMISSION MEMORANDUM TO: Mayor Matti Herrera Bower and Members of the City Commission q ,~~~ FROM: Jorge M. Gonzalez, City Manage ~-- FIRST READING DATE: September 8, 2008 SUBJECT: AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, AMENDING CHAPTER 110 OF THE MIAMI BEACH CITY CODE, ENTITLED "UTILITIES;" BY AMENDING ARTICLE IIt THEREOF ENTITLED "STORMWATER UTILITY;" AMENDING SECTI BY 110-109 (c) THEREOF ENTITLED "STORMWATER UTILITY FEES," AMENDING APPENDIX "A" THEREOF TO INCREASE THE STORMWATER UTILITY SERONCREPEALER, SEVERABIBLITY, ANDIAN~EFFEC TV DATOE. CODFFICAT , ADMINISTRATION RECOMMENDATION The Administration recommends approving the Ordinance amendment on first reading and scheduling a second reading public hearing. BACKGROUND At the Special Finance and Citywide Projects Committee meeting of June 30, 2008, a summary of future stormwater bond funding needs for the Neighborhoods Right-of-Way projects were presented. At this meeting, the additional stormwaterfunding need of $94.6 million was identified, based on anticipated scope of work requirements for future stormwater construction across the not-yet-started neighborhood projects. After the June 30, 2008 meeting, Public Works Department (PW) staff and Capital Improvement Projects (CIP) office staff met several times to review the unfunded capital needs for stormwater improvements in the future. The Flamingo neighborhood was identified as a potentia(opportunityfor cost reduction based on the fact that original planning considerations entailed a full replacement of all below grade infrastructure. Subsequently, CIP worked with PWD to hire a consul{het consultant an evaluation of the need to replace the existing stormwater culvert system; determined that the culvert system didn't need to be replaced. Staff believes a stormwater solution that reduces the amount of stormwater infrastructure improvements can be engineered with further hydraulic analysis of this neighborhood. Once a consultant is retained and a hydraulic model run, the design scope would b edun the future because the City has fou Pd more effic ent Iwlays to des gn project costs maybe reduc and build the projects. On August 21; 2008, at the Finance and Citywide Projects Committee (FCWPC) meeting, the Administration provided an overview of the proposed FY2008/09 stormwater Rates. The Administration recommended a rate increase of $7.25 to support a future bond debt requirement of $94.6 million. The Committereadphertatet ncreases ove seveaal yeatls.taff to evaluate the phasing of the financing to better sp ANALYSIS The City hired a rate consultant to calculate the potential future rates. The rate calculation had to consider debt service coverage requirements under two conditions. The first condition, termed the additional bonds test, required that net revenues available for debt service be no less than 110 percent of the maximum annual debt service of the outstanding plus prospective debt to be issued, for at least 12 months prior to the issuance of additional bonds ros ecti~e debt tl~clont mplat d,Ss be fulfilled annually, irrespective as to whether issuance of any p p termed the rate covenant. Net revenues available for debt service in each fiscal year must be not less than 110 percent of the principal and interest requirements for such fiscal year to meet the rate covenant. In addition to meeting the two debt service coverage conditions, annual revenues must be sufficient to meet other revenue requirements without resulting in a cash flow deficit. Using information provided by the City anases reauiredto c'o~er debttrepayment of aI future stormwater pro formas that provide rate ~ncre q bond. City staff will perform hydraulic modeling to further evaluate potential reductions in current capital project requirements for neighborhood projects. Until this engineering evaluation is completed The Administration recommends that the future stormwater debt be kept at the $94.6 million required to fund components of the City's Capital Improvement Program, including recently newly identified areas where flooding is a concern, for example the recently discussed hot spots. Flooding for purposes of the stormwater improvement Program is meant to be for those areas in which private property is negatively affected by stormwater levels or when a roadway is not safely passable by virtue of stormwater elevations exceeding the 5 year event on the road surface for longer than acceptable durations. Those areas that are subject to nuisance flooding, where temporary accumulations of stormwater on a right-of-way are experienced and vehicular movement is not hindered would generaNy not be considered as part of this program. Nuisance flooding is permitted under the County's stormwater storage criteria up to a 5 year storm event, allowing rainfall water runoff to accumulate up to the crown of the road and up to 15 feet from private properties. These stormwater infrastructure improvements like the water and sewer upgrades, are an integral part of the G.O. Bond neighborhood projects. The Administration has evaluated phasing the financing of this future $94.6 million debt which reduced the proposed rate increase for FY 2008/09 from $7.25 per month for the average residential customer to $3.65 per month as shown in the table below along with proposed rate increases through FY2014. The current monthly charge for stormwater is $5.80 per equivalent residential unit (ERU). The number of ERUs for each account is one ERU for a single family home, multi-family and condominium residence and the total square footage of impervious area divided by 791 square feet for commercial property. Although the FCWPC accepted the higher rate for the stormwater charge pending the results of hydraulic modeling, the Administration has reviewed ways to spread out the tax-exempt bond issuance for the remaining stormwater funded projects. As explained at the August 21. 2008 FCWPC meeting, the proposed approach will be to seek a line of credit for stormwater funded projects, which will allow the City to have the necessary funding capacity to enter into new projects while allowing the City more time to both build the necessary capacity to issue additional tax-exempt bonds through rate increases and also spend down the currentfully committed but unspentexisting bond proceeds. While the General Fund will obtain the line of credit, the stormwater Enterprise fund will pay for the origination and carrying costs as well as for any payments required by draws against the lines. Following a thorough review of the expected timing of funding needs for remaining stormwater projects, it was determined that bonds could be issued in two series. The stormwater Enterprise fund is expected to have the capacity to issue tax-exempt debt by October 2009, therefore, it could sell the first series of bonds to cover projects in the amount of $39.1 million plus any costs required to refund the line of credit. The second issue of $55.5 million could be issued in either October 2010 or 2011, as the funding is needed. The size of the second issue will be better determined following the hydraulic modeling proed foa my o be'ments m other areas that havetcurrentply been disc ssed and an evaluation of the ne P Both Alternatives 1 and 2 are based on projects totaling estimated costs of $94.6 million as presented at the FCW PC of August 21, 2008. Alternative 1 projects issuance of tax exempt bonds in 2009 and 2010 while Alternative 2 projects issuance of tax exempt bonds in 2009 and 2011. The decision on which alternative to utilize will depend on the rate of cash disbursement to existing bond proceeds and the timing of the project startups. In both Altematives 1 and 2, the recommended rate for 2008! 09 is the same and therefore, until a decision is made on 008/09 rate The 2008109 rattle foesto mwater is $9.45 per ERUI month wh ch is the adoption of the 2 an increase of $3.651 month. Stormwater Cumulative Current Rate FY2009 FY2010 FY2011 FY2012 FY2013 $Y2014 Increase 7 90 ~ 5.80 $ 9.45 $ 13.70 $ - $ - $ - - - . ,. ,,,., A ~~o~ As shown in the table bethe st pmwatertrate1 wasl edufced by $3 60 from the ~ to presented on the FCWPC members, August 21, 2008. FY ~ 8/21108 2007108 ~ Proposed 13.05 Difference 9/08/08 Difference From FY Proposed From FY Difference The recommended rate is conservative in the area of needed bond coverage based on the information developed to date. The Administration will continue to work on the bond debt needs and anticipates having more information before it is necessary to actually issue the bonds. It may be possible to reduce the rates at that point. CONCLUSION: The Administration recommends approving the Ordinance amendment on first reading and scheduling a second reading public hearing. JMG/RCM/FHB T:IAGENDA\2008\Sepember 81FY09 Stormwater Rate Ordinance MEMO.doc ORDINANCE NO. AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, AMENDING CHAPTER 110 OF THE MIAMI BEACH CITY CODE, ENTITLED "UTILITIES;" AMENDING ARTICLE I11, THEREOF ENTITLED "STORMyVATER UTILITY;" AMENDING SECTION 110-109(c) THEREOF ENTITLED "STORMWATER FEES UTILITY FEES," BY AMENDING APPENDIX "A" THEREOF TO INCREASE THE STORMWATER UTILITY SERVICE CHARGE IMPOSED BY THE CITY; PROVIDING FOR CODIFICATION, REPEALER, SEVERABILITY, AND AN EFFECTIVE DATE. WHEREAS, the City owns and operates a Stormwater Utility System (System), which is currently funded by a stormwater utility service charge; and WHEREAS, a Capital improvement Program (the Program} has been developed to implement stormwater improvements for the System; and WHEREAS, it is necessary to finance the Program through the issuance of Stormwater Revenue Bonds; and WHEREAS, in 2000, the Series 2000 Stormwater Revenue Bonds were issued to continue the improvement of the System; and WHEREAS, the schedule of rate increases proposed herein will provide sufficient revenues for the payment of principal and interest on the proposed Stormwater Revenue Bonds; and WHEREAS, the rate increases proposed herein include funding for additional costs or operation and maintenance of the System; and NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, as follows: SECTION 1: That Article III of Chapter 110, Section 110-109 (c), Appendix A thereof, of the Miami Beach City Code is hereby amended as follows: Chapter 110 Utilities Article III, Stormwater Utittty Section 110-109 (c) Stormwater Utility Fees Fee Schedule Appendix A Stormwater utility service charge effective with billings on or after the following 110-109(c) dates shall be as follows; October 1, 2000 $3.25 October 1, 2001 $4.00 October 1, 2002 $5.50 October 1, 2003 $5.80 October 1, 2004 $5. SO October 1, 2005 _ $5.80 October 1, 2008 $9.45 SECTION 3. CODIFICATION and it It is the intention of the Mayor and City Commission of the City of Miami Beach, is hereby ordained that the provisions of this ordinance shall become and be made part of the Code of the City of Miami Beach, Florida. The sections of this ordinance may be renumbered or re-lettered to accomplish such intention, and the word "ordinance" may be changed to "section", "article" or other appropriate word. SECTION 4. REPEALER All ordinances or parts of ordinances in conflict herewith are and the same are hereby repealed. SECTION 5. SEVERAf31LITY If any section, subsection, sentence, clause, phrase or portion of this Ordinanced;s{'toy any reason, held invalid or unconstitutional, such portion shall be deemed a separate, and independent provision and such holding shall not affect the validity or constitutional, such portion shall be deemed a separate, distinct and independent provision and such holding shall not affect the validity or constitutionality of the remaining portions of this Ordinance. SECTION 6. EFFECTIVE DATE This Ordinance shall take effect on the 1St day of October, 2008. PASSED and ADOPTED this ________ day of _ , 2008 ATTEST: MAYOR CITY CLERK F:lworkl$ALL1(1) EMPLOYEE FOLDERSIKEITH WILDER1Commission Items1FY09 Stormwater Rate Ordinance1stRdg.doc ApppipVED AS TO ....fl.e >z t~,NGUAGE