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Ord 61-06 . (' , /'1 ORDINANCE NO. 61-06 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING CHAP1ER 52, "WATER", OF THE CODE OF ORDINANCES OF THE CITY OF DELRA Y BEACH, BY AMENDING SECTION 52.03, "USE OF WATER FROM HYDRANTS", TO PROVIDE FOR AN INCREASE IN THE SECURITY DEPOSIT FOR HYDRANT METERS AND TO PROVIDE FOR AN INSTALLATION/REMOVAL FEE OF THE HYDRANT METER BY CITY STAFF; PROVIDING A GENERAL REPEALER CLAUSE, A SAVING CLAUSE, AND AN EFFECTIVE DATE. WHEREAS, the City currendy allows contractors to use hydrant meters, owned by the City, in order to obtain water at various construction sites throughout the City; and WHEREAS, the meters are sometimes damaged or not returned or moved from site to site by contractors; and WHEREAS, the City wishes to increase its deposit for the meters to accurately reflect the cost of the meters and to provide that only City staff may install and remove the meter. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF DELRA Y BEACH, FLORIDA, AS FOLLOWS: Section 1. That Chapter 52, "Water", Section 52.03, "Use of Water from Hydrants", of the Code of Ordinances of the City of Delray Beach, Florida, be and the same is hereby amended to read as follows: CHAP1ER 52. WATER GENERAL PROVISIONS Sec. 52.03. USE OF WATER FROM HYDRANTS. (A) Fire hydrants shall not be used for obtaining potable water, except under certain extenuating circumstances wherein a request, which must be in writing, may be made to the Director of Environmental Services or his/her designee for permission to use a fire hydrant for potable water on an interim or temporary basis. The Director of Environmental Services or his/her designee must approve all such requests. (" /,\ (B) If permission to use a fire hydrant is approved by the Director of Environmental Services, or his/her designee, on an interim and temporary basis, the applicant shall be required to submit an application including a minimum deposit of three lUlfltkea fifty dollars ($350.00) seven hundred fifty dollars ($750.00). A nonrefundable installation/removal fee in the amount of one hundred fifty dollars tS150.00) will be required to cover the City's cost for meter installation and removal. The customer charges and capacity charges for a two- inch meter as set forth in Section 52.34, shall be due and payable each and every month, for as long as the meter is installed, regardless of whether the meter is actually turned on and without regard to usage. All charges must be paid in full and the meter returned in serviceable condition before the deposit of three lU:lfl6:rea fifty dOHar3 ($350.00) seven hundred fifty dollars ($750.00) is returned to the customer. Section 5. That should any section or provision of this ordinance or any portion thereof, any paragraph, sentence, or word be declared by a Court of competent jurisdiction to be invalid, such decision shall not affect the validity of the remainder hereof as a whole or part thereof other than the part declared to be invalid. Section 6. That all ordinances or parts of ordinances in conflict herewith be and the same are hereby repealed. Section 7. That this ordinance shall become effective upon its passage on second and final reading. ~.sSED A~ in regular session on second and final reading on this the _ day of 2006. ~o~ 4. ATTEST: ~~~~'"~.~~ City Clerk First Reading \ ~ "~\)\.o " " Second Reading \.~ '"'\~\() ORD NO. 61-06 MEMORANDUM TO: FROM: A.~OR AND CITY COMMISSIONERS FtCITY MANAGER AGENDA ITEM # 10 .D- REGULAR MEETING OF NOVEMBER 7,2006 ORDINANCE NO. 61-06 (AMENDING SECTION 52.03) SUBJECT: DATE: NOVEMBER 3, 2006 This ordinance is before Commission for second reading to amend Section 52.03, "Use of Water from Hydrants," of the Code of Ordinances to provide for an increase in the security deposit for hydrant meters in addition to a nonrefundable installation/removal fee to cover the cost of City employees installing and removing the hydrant meter. At the first reading on October 17, 2006, the Commission passed Ordinance No. 61-06. Recommend approval of Ordinance No. 61-06 on second and final reading. s:\City Clerk\AGENDA COVER MEMOS\Ordinance Agenda MemoslOrd 61-06 Amend See 52.03 Use of Water Hydrants 11.07.06 2nd reading.doc [ITY DF DELIA' BEA[H CITY ATTORNEY'S OFFICE 200 NW 1st AVENUE' DELRAY BEACH. FLORIDA 33444 TELEPHONE: 56I/243-7090' FACSIMILE: 561/278-4755 DELRAY BEACH F LOR IDA D.e:d All-America City , IIII!OATE: Writer's Direct Line: 561/243-7091 MEMORANDUM October 9, 2006 1993 2001 FROM: City Commission David Harden, City Manager L..,,~ .. Brian Shutt, Assistant City Attorney TO: SUBJECT: Proposed Code Revision to Section 52.03 Ordinance No. 61-06 provides for an increase in the security deposit of hydrant meters from $350.00 to $750.00 and also provides for a nonrefundable installation/removal fee of $150.00 to cover the cost of City employees installing and removing the hydrant meter. Public Utilities has experienced problems with the failure of contractors to return the meters and/or damaging the meters, which in turn can lead to unaccounted for water usage. (See attached memo from Richard Hasko). Our office requests that this item be placed on the October 17, 2006 City Commission agenda. Please call if you have any questions. Attachment cc: Chevelle Nubin, City Clerk Richard Hasko, Environmental Services Director t2.B ()"<)-II' 0.... f " o'~'_. ~ ~ ~4y &~~fJ City Of Delray Beach Department of Environmental Services MEMORAN D u M www.mydelraybeach.com TO: David T. Harden, City Manager FROM: Richard C. Hasko, P.E., Environmental Services Director SUBJECT: PROPOSED CODE REVISION DATE: September 28, 2006 Attached is a memo from our Public Utilities Division identifying our need to modify our Water Ordinance as it relates to the issuance and tracking of hydrant meters generally used by contractors for construction water. Our current program allows us to collect a nominal deposit upon issuance of a hydrant meter assembly to a contractor and allows the contractor to essentially assume custody of the assembly. The current deposit ($350) is not adequate to provide for replacements for assemblies that are damaged or not returned. In addition, we often lose track of the meters and their flows go unaccounted for because contractors move them from site to site and sometimes out of the City completely. I have attached proposed language revisions to Title 5, Chapter 52, Section 52.03. Essentially we are proposing to increase the required deposit to $750, refundable upon return of an operational assembly. Weare also proposing to institute a nonrefundable $150 installation fee that would cover the cost of City staff installing and securing the assembly, and removing it when it is no longer needed. We will no longer allow contractors to install the meters themselves and assume custody of the equipment. We will install the meters properly to ensure that flow registration is not defeated and secure them to the hydrants so that their locations are known for purposes of monthly reading and post construction retrieval. Please review this proposal at you convenience and let me know if you approve of proceeding with the revision. Cc: Susan Ruby, City Attorney Victor Majtenyi, Deputy Director of Public Utilities Scott Solomon, Water/Sewer Network Manager ORDINANCE NO. 61-06 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRA Y BEACH, FLORIDA, AMENDING CHAPTER 52, "WATER", OF THE CODE OF ORDINANCES OF THE CITY OF DELRA Y BEACH, BY AMENDING SECTION 52.03, "USE OF WATER FROM HYDRANTS", TO PROVIDE FOR AN INCREASE IN THE SECURITY DEPOSIT FOR HYDRANT METERS AND TO PROVIDE FOR AN INSTALLATION/REMOVAL FEE OF THE HYDRANT METER BY CITY STAFF; PROVIDING A GENERAL REPEALER CLAUSE, A SAVING CLAUSE, AND AN EFFECTIVE DATE. WHEREAS, the City currently allows contractors to use hydrant meters, owned by the City, in order to obtain water at various construction sites throughout the City; and WHEREAS, the meters are sometimes damaged or not returned or moved from site to site by contractors; and WHEREAS, the City wishes to increase its deposit for the meters to accurately reflect the cost of the meters and to provide that only City staff may install and remove the meter. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF DELRA Y BEACH, FLORIDA, AS FOLLOWS: Section 1. That Chapter 52, "Water", Section 52.03, "Use of Water from Hydrants", of the Code of Ordinances of the City of Delray Beach, Florida, be and the same is hereby amended to read as follows: CHAPTER 52. WATER GENERAL PROVISIONS Sec. 52.03. USE OF WATER FROM HYDRANTS. (A) Fire hydrants shall not be used for obtaining potable water, except under certain extenuating circumstances wherein a request, which must be in writing, may be made to the Director of Environmental Services or his/her designee for permission to use a fire hydrant for potable water on an interim or temporary basis. The Director of Environmental Services or his/her designee must approve all such requests. (B) If permission to use a fire hydrant is approved by the Director of Environmental Services, or his/her designee, on an interim and temporary basis, the applicant shall be required to submit an application including a minimum deposit of three lmndred fifty dollars ($350.00) seven hundred fifty dollars ($750.00). A nonrefundable installation/removal fee in the amount of one hundred fifty dollars ($150.00) will be required to cover the City's cost for meter installation and removal. The customer charges and capacity charges for a two-inch meter as set forth in Section 52.34, shall be due and payable each and every month, for as long as the meter is installed, regardless of whether the meter is actually turned on and without regard to usage. All charges must be paid in full and the meter returned in serviceable condition before the deposit of three hundred fifty dollars ($350.00) seven hundred fifty dollars ($750.00) is returned to the customer. Section 5. That should any section or provision of this ordinance or any portion thereof, any paragraph, sentence, or word be declared by a Court of competent jurisdiction to be invalid, such decision shall not affect the validity of the remainder hereof as a whole or part thereof other than the part declared to be invalid. Section 6. That all ordinances or parts of ordinances in conflict herewith be and the same are hereby repealed. Section 7. That this ordinance shall become effective upon its passage on second and final reading. PASSED AND ADOPTED in regular session on second and final reading on this the _ day of 2006. MAYOR ATTEST: City Clerk First Reading Second Reading te,' LtUlef dt:t- -W 32 Boca Raton/De/ray Beach News - FridaylSaturday, October 27-28, 2006 . www.bocanews.com 100 ANNOUNCEMEN1l5 101 Legal Xotices . CITY OF DElRAY BEACH,FlORlDA NOTICE OF PUBlIC HEARING A PUBlIC HEARING w~ be held on the toftowing proposed ordinances at 7:00 p.m on TUESDAY. NOVEMBER 7. 2006 or at any oontinualion ot such meeting which is . set by the Commission). in IheCity Commission Chambers. 100 NW. 1st A....... Del- ~ 1leacI1. .Florida. .. wiJich time Ihe City CommisshJn will consider their adoption. The proposed ordinances may be inspected at Ihe Office ot the City CIeri< at CIy Hall. 100 N.W.. 1st Avenue, Oetray Beach, Florida. be- tween Ihe hours of 8:00 am. and 500 p.m.. Monday tIvough Friday. except holidays. All interested parties are in- vited 10 attend and be heard with 18' sped 10 Ihe proposed ordinances. ORDINANCE NO. 6Q.06 AN ORDINANCE OF THE CITY COM- MISSION OF THE CITY OF DaRAY BEACH. FlORIDA. AMENDING SEC- TION 10.99. "GENERAL PENALlY'. OF THE CODE OF.ORDINANCES BY ADDING CIVIL CITATIONS UNDER SECTION 37.45 AS AN .ENFORCE- MENT METHOD ADOPTED BY THE CITY; PROVIDING A SAVINGS CLAUSE. A GENERAL REPEALER CLAUSE. AND AN EFFECTIVE DATE. OROtHANCE NO. 6HI6 AN ORDINANCE OF THE CITY COM. MISSION OF THE ClTY OF IlElRAY BEACH. FLORIDA. AMENDING CHAPTER 52. "WATER". OF THE . CODE OF ORDINANCES OF THE CITY OF DELRAY BEACH. BY AMENDING SECTION 52.03. "USE OF WATER FROM HYDRANTS'. m PROVIDE FOR AN INCREASE IN THE SECURITY DEPOSIT FOR HY- DRANT METERS AND m PROViDE FOR AN INSTAUATlONIREMOVAL FEE' OF THE HYDRANT METER BY CITY STAFF; PROVIDING A GEN. ERAL REPEALER CLAUSE. A SAV- ING CLAUSE, AND AN EFFECTIVE DATE. Please be advised that if a person de- cides 10 appeal any ~sion made by the City Commission with respect to any maner considered at these hear- ings. Sudl. person may need to ensure thai a verbatim record in dudes the testimony and evidence upon wtlich the appeal is to be based. The City does not prOvide noc prepare such record. Pursu&-ltlo F.S. 286.0105 CITY OFOELRAY BEACH Chevelle 0."""'. Cf.C COy Cle<k PUBUSH, Friday. 0d0tJer27, 2006 Boca RatonIOeIraYl3ead1 News ~ Iv II \f\ \D JiY ~uf'