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Res 1359-61 Delray Beach, Florida November 6, 1961 The City Council of the City of Delray Beach, Palm Beach County, Florida, met ~n Special public session at the regul~ meeting place of the City Council in the City Itall in the City of Delray Beach at 8:00 o'clock P.M. on November 6, 1961, with Mayor George V. ~!arren and the following members present: A1 C. Avery Dugal Go Campbell Glenn B. Sundy John A. Thayer There were absent: NONE There were also present R.D. Worthing, City Clerk, Louis J. Smitzes, City Manager, and John Ross Adams, City Attorney. After the~meeting had been duly called to order by the Mayor and the minutes of the preceding meeting had been read and approved, the Mayor announced that one purpose of the meeting was to hold a public hearing on the schedule of rates, fees and charges to be imposed for the services and facilities to be supplied by the mu-~ nicipal sanitary sewage collection and disposal system of the City of Delray Beach, in accordance with the resolution adopted by the City Council on October 23, 1961. The City Clerk presented a publisher's affidavit with newspaper clipping attached showing that notice of hearing in form prescribed by Section 2 of said resolution was pub- lished one time in the Delray Beach Nev~s-Journal, a newspaper publish- ed and having general circulation in the City of Delray Beach on October 26, 1961, said date being at least ten days prior to the date fixed for hearing. The Mayor announced that all of the users of the sewage collection ~nd disposal system of the cit~ and owners, tenants or occupants of property served or to be served thereby and all others interested might then and there be heard concerning the proposed rates, fees and charges. All such users, owners, tenants, occupants and other interested persons desiring to be heard on the matter were then heard and all suggestions for change in said proposed rates, fee~ and charges were considered. Thereupon, the following resolution was introduced in written form by R.D. Uorthing, was read in full and discussed, after which pursuant to motion made by Dugal G. Campbell and seconded by Glenn B. Sundy the resolution was adopted by the following vote: Aye: Mayor George V. Warren Dugal G. Campbell Glenn B. Sundy John A. Thayer Nay: A1 C. Avery The resolution was thereupon signed by the Mayor, attested by the City Clerk, approved as to form, language and execution by the City Attorney and declared to be in effect. The resolution is as follows: RESOLUTION NO. 1359. A RESOLUTION confirming the initial schedule of rates and charges for sanitary sewer services to be rendered by the sanitary sewage collection and disposal system of the City of Delray Beach. YL~EREAS the City of Delray Beach has, pursuant to notice of public hearing as required by Section 184.09 of the Florida Statutes, held a hearing on the schedule of rates, fees and charges to be im- posed for t he services and facilities to be supplied by the sanitary sewage collection and disposal system of said city and said hearing has been held in accordance with said notice and in accordance with the resolution fixing said schedule adopted by this City Council on October 23, 1961; and WHEREAS it is now desired to confirm the rates, fees and charges for which provision was made in said resolution; NOW, TP~FORE, BE IT Resolved by the City Council of the City of Delray Beach, Palm Beach County, Florida, as follows: Section 1. That beginning at the time when the system is constructed, certified for use by the consulting engineers and accept- ed by the City, subject to such revision from time to time thereafter --2-- as may be necessary to carry out the requirements of proceedings to be adopted for the authorization of revenue bonds or certificates to pay the cost of making improvements, extensions, renewals, replace- ments or repairs to such system, the rates, fees and charges to be imposed for the services and facilities to be supplied by the sani- tary sewage collection and disposal system of the City of Delray Beach shall be as follows: ~ESI~ENTIAL UNITS A monthly sanitary sewage service charge is hereby imposed upon each residential dwelling unit, as more specifically set forth below, to which sanitary sewage service is available through the fa- cilities afforded by the municipally owned sewage system, according to the following schedule: Single family residential dwellings, for the first ~ fixtures or less contained therein, $2.50, for the next 8 fixtures contained therein, $.25 per fixture and for all fixtures contained therein over 12, $.15 per fixture. COMMERCIAL AND NON,.~ESIDENTIAL UN~TS A monthly sanitary sewage service charge is hereby imposed upon each commercial and non-residential unit to which sanitary sew- age service is available through the facilities afforded by the mu- nicipally owned sewage system, according to the following schedule: For the first 2 fixtures contained therein $2.50, for t he next 8 fixtures contained therein, $.50 per fixture and for all fix- tures contained therein over lC, $.25 per fixture. For the purpose of t he foregoing schedule each plumbing fixture or drain that is conn~cted to a sewer, including, but not limited to, a toilet, wash basin or lavatory, bath, floor drain, laundry tub, kitchen sink, sl°p basin or wash sink, washing machine, equipment or device if so constructed as to discharge its water con- tent into any of the foregoing or directly into a sewer, shall be re- garded as a "fixture". Penalties shall be impoSed for failure to connect with any available sewer as will be provided in the aforesaid ordinance. Sectign.2~ That this resolution shall take immediate effect. Adopted and approved November 6, 1961. /s/ .... Mayor -3- Attest: Is~ ,, Approved by me as to form, language and execution this day of November, 1961. /s/, JOHN ROSS ADAMS ..... City 'Attorney .... (Other business not pertinent to the above appears in the minutes of the meeting.) Pursuant t o motion duly made and carried, the City Counoil adjourned. /s/ George V. Warren May r Attest: /s/ R .D. ? W.or.t. hi.n$~ -City Clerk STATE OF FLORIDA ) COUNTY OF PALM BEACH ) I, R.D. Worthing, the duly qualified and acting City Clerk of the City of Delray Beach, Palm Beach County, Florida, do hereby certify that the above and foregoing constitutes a true and correct copy of excerpts from the minutes of a meeting of the City Council of said city held on November $, 1961, and of a resolution adopted at said meeting as said minutes and resolution are officially of re- cord in my possession. ~N.W~TNESS W.H~..RE~F, I have hereunto subscribed my official signature and impressed hereon the official seal of said city this 7th day of November, 1961. (SEA ) - ~ - Delray Beach, Florida November 6, 1961 The City Council of the City of Belray Beach, Palm Beach County, Florida, met in regular public session at the regular meetinE place of the City Council in the City Hall in the City of Delray Beach at 8:00 o'clock P.M. on November 6, 1961, with Nayor George V. Warren and the following members present: AL C. AVERY DUGAL G. CAMPBELL GLENN B. SUNDY JOHN A. THAYER Absent: None. There were also present R. B. Worthing, City Clerk, Louis J. Smitzes, City Manager, and John Ross Adams, City Attorney. After the meeting had been duly called to order by the Mayor and the minutes of the preceding meeting had been read and approved the following resolution was introduced in written form by Louis J. Smitzes, was read in full and discussed.. Pur- suant to motion made by DUGAL G. CAMPBELL and seconded by GLENN B. SUNDY, the resolution was adopted by the following vote: AYE: MAYOR GEORGE V. WARREN DUGAL G. CAMPBELL GLENN B. SUNBY JOHN A. THAYER NAY: AL C. AVERY The resolution is as follows: