59-90 ORDINANCE NO. 59-90
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF
DELRAY BEACH, FLORIDA, AMENDING TITLE V, "PUBLIC
WORKS", CHAPTER 52, "WATER", OF THE CODE OF ORDINANCES
OF THE CITY OF DELRAY BEACH, FLORIDA, BY AMENDING
SUBHEADING "METERS, SECTION 52.16, "TESTING OF METERS",
TO PROVIDE FOR AN INCREASE IN THE SUM REQUIRED TO BE
DEPOSITED WITH THE CITY TO COVER THE COST OF TESTING
ALL THREE-QUARTER INCH THROUGH TWO INCH METERS AND
INCREASING THE MINIMUM DEPOSIT AMOUNT REQUIRED FOR
TESTING OF METERS THREE INCHES AND LARGER; BY AMENDING
SECTION 52.18, "REMOVAL OF METERS WHEN SERVICE
DISCONTINUED; TEMPORARY REMOVAL SUBJECT TO RETROACTIVE
BILLS", TO PROVIDE FOR AN INCREASE IN THE SERVICE
CHARGE FOR REMOVAL OF WATER METERS; BY AMENDING
SUBHEADING "RATES, CHARGES, AND FEES", SECTION 52.31,
"CONNECTION CHARGES", TO PROVIDE FOR AN INCREASE OF THE
WATER CONNECTION CHARGE FOR BOTH RESIDENTIAL AND
NONRESIDENTIAL CUSTOMERS AND INCREASING THE VEGETATION
WATER METER CONNECTION CHARGE BASED UPON ONE INCH
INCREMENTS, OR PORTION THEREOF, IN METER SIZE; BY
AMENDING SECTION 52.32, "METER INSTALLATION CHARGE", TO
PROVIDE FOR AN INCREASE IN METER INSTALLATION CHARGES,
BOTH INSIDE AND OUTSIDE THE CITY, BASED UPON METER
SIZE; BY A~NDING SECTION 52.33, "DEPOSIT TO GUARANTEE
PAYMENT", TO PROVIDE FOR AN INCREASE IN THE
GUARANTEE-OF-PAYMENT DEPOSIT REQUIRED FOR SINGLE FAMILY
RESIDENCE, MULTI-FAMILY, NONRESIDENTIAL AND VEGETATION
CUSTOMERS, BOTH INSIDE AND OUTSIDE THE CITY; BY
AMENDING SECTION 52.34, "WATER RATES", SUBSECTION (B),
"MONTHLY RATES", TO PROVIDE FOR AN INCREASE IN WATER
RATES, FOR BOTH RESIDENTIAL AND NONRESIDENTIAL
CUSTOMERS, BOTH INSIDE AND OUTSIDE THE CITY BASED UPON
CERTAIN CUSTOMER, CAPACITY AND COMMODITY CHARGES TO
INCREASE SAID CUSTOMER, CAPACITY AND COMMODITY CHARGES;
BY AMENDING SECTION 52.36, "CHARGE FOR EACH TIME WATER
IS TURNED ON", TO PROVIDE FOR AN INCREASE IN THE CHARGE
FOR EACH TIME WATER IS TURNED ON; BY AMENDING 52.38,
"SERVICE CHARGE FOR AFTER HOUR CALLS", TO PROVIDE FOR
AN INCREASE IN THE CHARGE PER SERVICE CALL FOR ALL
SERVICE CALLS MADE AFTER HOURS; BY ENACTING A NEW
SECTION 52.39, "OTHER FEES", TO PROVIDE FOR A PROJECT
PLAN REVIEW FEE, A PROJECT INSPECTION FEE AND A UTILITY
STANDARDS FEE; BY AMENDING SUBHEADING "BILLINGS",
SECTION 52.52, "RESUMING SERVICE AFTER DISCONTINUANCE
FOR DELINQUENCY", TO PROVIDE FOR A $10.00 PENALTY FOR
LATE PAYMENT IN ADDITION TO DELINQUENT CHARGES; BY
REPLACING, THROUGHOUT THE CHAPTER, REFERENCE TO
DIRECTOR OF PUBLIC UTILITIES WITH DIRECTOR OF
ENVIRONMENTAL SERVICES; PROVIDING A SAVING CLAUSE;
PROVIDING A GENERAL REPEALER CLAUSE; PROVIDING AN
EFFECTIVE DATE.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY
OF DELRAY BEACH, FLORIDA, AS FOLLOWS:
Section 1. That Section 52.16, "Testing of Meters", of the Code
of Ordinances of the City of Delray Beach, Florida, is hereby amended to
read as follows:
Any person using a water meter may have the same tested for
accuracy by the city by requesting the test from the City Manager and by
depositing the sum of $~ $100 for all meters 3/4-inch through two-inch,
and the actual cost of the testing (with a minimum of ~ $100 as
determined by the Director of Environmental Services for meters three
ORD. NO. 59-90
inches amd larger), with the City Manager to cover the cost for the
testing. If the test reveals that the meter is accurate, the sum paid
shall be retained by the city; if the test reveals that the meter is
inaccurate ~/~/~/~/6f/~/~, the City Manager shall have a
new meter installed for water use, and the sum paid will be returned to the
person depositing same.
Section 2, That Section 52.18, "Removal of Meters when Service
Discontinued; Temporary Removal Subject to Retroactive Bills", of the Code
of Ordinances of the City of Delray Beach, Florida, is hereby amended to
read as follows:
At the option of the Water Department, the water meter may be
removed by the Water Department whenever water is cut off, either by
request of the consumer or by the Water Department for nonpayment of
charges, or for other reasons, and a service charge of Sf~ ~20 plus $60 for
the actual costs of replacement shall be paid before water service is
resumed. Any meter removed at the request of the consumer for less than a
12-month period, shall not discontinue billings for customer and capacity
charges, and those charges may be billed retroactivel~ for that service in
a lump sum upon reinstallation of the meter prior to the expiration of the
12-month period.
Section 3. That Section 52.31, "Connection Charges", of the Code
of Ordinances of the City of Delray Beach, Florida, is hereby amended to
read as follows:
(A) Required. In addition to the meter installation charge,
there shall be connection charges as follows:
(1) There shall be a water connection charge of Sf~ $788
per residential dwelling unit. A residential dwelling unit is herein
defined to be any family living unit, and, where two or more families are
living on the same premises, each shall be considered as a separate resi-
dential dwelling unit. In apartment buildings, condominiums, cooperatives,
duplexes, resort dwelling units, and the like, and per each trailer space
in a trailer park, each living unit shall be considered a separate residen-
tial dwelling unit.
(2) There shall be a nonresidential water connection charge
which shall be based on $~ }78.8 per ~/~~//~//~
~M~6ff/~//~/~f Equivalent Residential Connection (E.R.C.). An
E.R.C. is found b~ dividin~ monthly water consumption bM 7,500 ~allons.
(3) There shall be a vegetation water meter connection
charge which shall be based on ~ $788 per ~/~~/6~/~6~6~
~M~6ff/~/~/~f ~.~uivalent Residential Connection.
(B) Exceptions to water connection charge. Any structures that
would ordinarily be subject to the connection charges set forth above shall
be exempt if:
(1) The structure is in a development in which the owner or
developer at his expense had constructed and turned over to the city
permanent water treatment or transmission facilities adequate to service
that property and is a party to the Southwest Developers Agreement or the
Northwes~ Developers Agreement or the structure is in a development that is
at least 25% complete on June 30, 1977. For the purposes of division
(B)(1), the meaning of the word development shall include but not be
limited to structures, units or interests that are offered as a part of a
common promotional plan of advertising and sale.
(2) As to a particular structure, all permits including but
not limited to building permits, water and sewer permits, have been issued
not later than January 24, 1978, and the meter installations and water
connection for those structures occur not later than July 24, 1978.
2 ORD. NO. 59-90
(3) The exception created herein shall not apply to any
permit issued prior to June 30, 1977; only those structures for which
permits are issued subsequent to June 30, 1977, and which otherwise meet
the above criteria, shall be exempt from the connection charges.
(C) Outside City. The connection charges to users wholly
outside the corporate limits of the city shall be 25% higher than for the
applicable charge to users within the corporate limits of the city.
Section 4. That Section 52.32, "Meter Installation Charge", of
the Code of Ordinances of the City of Delray Beach, Florida, is hereby
amended to read as follows:
Meter installation charges shall be as follows:
Inside Outside
Meter Size City Charge City Charge
3/4-inch ~]~ $ 400~00 ~2~f~ $ 500.00
1-inch ~d~f~ 525.00 d2~/0~ 650.00
1-1/2-inch ~7~f~ 875.00 712f~ 1,100.00
2-inch 7~/~ 1,175.00 9~f~ 1,475.00
3-inch A/C* A/C + 25%*
4-inch A/C* A/C + 25%*
6-inch and 8-inch A/C* A/C + 25%*
Fire Hydrants A/C* A/C + 25%*
*A/C = Actual cost to the City as determined by the Director of
Environmental Services.
Note: Any other combination of services will be at actual cost as
determined by the Director of Environmental Services.
Section 5. That Section 52.33, "Deposit to Guarantee Payment",
of the Code of Ordinances of the City of Delray Beach, Florida, is hereby
amended to read as follows:
A guarantee-of-payment deposit for all bills shall be made by
each consumer or owner, varying according to the size of the meter in use,
as follows:
(A) Single-family residence:
Deposit
Inside City Outside City
$~ $75.00 ~6Z]~ $93.75
(B) Multi-family, nonresidential, and vegetation:
Meter Size
(Inches) Inside City Outside City
3/4 ~/~ $ 75.00 ~/6Z]~ $ 93.75
1 ~]~ 75.00 ~Z]~ 93.75
1-i/2 7~f~ 100.00 9~7~ i25.00 .
2 I~ 125.00 ~Z~I~ 156.25
3 fZSfM~ 150.00 f~6fZ~ 187.50
4 ~f~ 225.00 Z~]~ 281.25
6 ~f~ 425.00 ~f~ 531.25
8 ~f~ 625.00 l~¢f~ 781.25
Section 6. That Section 52.34, "Water Rates", Subsection (g),
"Monthly Rates", of the Code of Ordinances of the City of Delray Beach,
Florida, is hereby amended to read as follows:
3 ORD. NO. 59-90
(B) Monthly rates. The monthly rates (except for fire hydrants
as set forth in Section 52.03) for water furnished by the water facilities
or plant of the city to customers within and outside the corporate limits
of the city, which unless otherwise indicated shall include the appropriate
customer charges, capacity charges, and commodity charges for all custom-
ers, are fixed as shown in the following schedule:
Inside Outside
Type of Customer City City_
Residential
Customer charge (per meter) ~//~f~ $ 1.77 $ ~f~ $ 2.21
Capacity charge (charged to
all customers, per residential
dwelling unit) ~//TfTf 8.14 ~//~f~ 10.18
Commodity charge (per 1,000
gallons) f~ .96 f~ 1.19
Nonresidential and Vegetation
Customer charge (per meter) ~//~ff~ $ 1.77 ~//~fTM $ 2.21
Capacity charge (based upon
meter size):
1-inch meter 7171 13.58 ~l~ 16.98
1-1/2-inch meter ~TJ~ 27.09 ~J6; 33.86
2-inch meter ~MI~6 43.36 ~l~7 54.20
3-inch meter ~l~ 94.93 ~l~ 118.66
4-inch meter 170.83 213.54
6-inch meter ~fl~ 379.64 ~fl~ 474.55
Commodity charge (per 1,000
Note: Whenever both residential and nonresidential users are on the same
meter, the capacity charge is to be computed as if each nonresidential user
on the meter was a residential dwelling unit, or all the users shall be
charged based on the nonresidential capacity charge rate, whichever is the
greater.
Section 7. That Section 52.36, "Charge for each Time Water is
Turned On", of the Code of Ord%nances of the City of Delray Beach, Florida,
is hereby amended to read as follows:
There shall be a service charge of ~ $15 for each time water is
turned on, except when the provisions of Section 52.18 apply regarding turn
on as a result of a shut-off notice.
Section 8. That Section 52,38, "Service Charge for After Hour
Calls", of the Code of Ordinances of the City of Delray Beach, Florida, is
hereby amended to read as follows:
A charge of SZ~ $40 in addition to the turn on/turn off charges
per service call shall be made for all service calls made by the water
department between 5:00 p.m. and 8:00 a.m. and on Saturdays, Sundays and
holidays.
Section 9. That a new Section 52.39, "Other Fees", of the Code
of Ordinances of the City of Delray Beach, Florida, is hereby enacted to
read as follows:
SEC. 52.39 OTHER FEES.
4 ORD. NO. 59-90
(A) Project Plan Review Fee. The Environmental Services
Department will estimate the construction cost of water and sewer
improvements for each project based on the owners approved quantity take
off. A one-time fee of 2.0% of the estimated water and sewer improvements
cost will be charged to the project owner, but not less than $25.00.
Project owner's plans will not be approved until full payment of the fee is
received.
(B) Project Inspection Fee. The E~vironmental Services
Department will estimate the construction cost of the water and sewer
improvements to be inspected. The inspection fee will be charged to the
project owner and will be calculated as construction cost of water and
sewer improvements x 3.0%, but in no case less than $25.00. In addition,
the project owner will pay all inspection fees at an overtime rate of
$40.00 per hour per inspector. Fees will be billed to project owner
periodically and all fees will be paid before the certificate of occupancy
is issued.
(C) Utility Standards Fee. The charge for the minimum construc-
tion standards book (Utility Standards) issued by the Environmental Servic-
es Department is $25.00.
Section 10. That Section 52.52, "Resuming Service After Discon-
tinuance for Delinquency", of the Code of Ordinances of the City of Delray
Beach, Florida, is hereby amended to read as follows:
(A) In the event the water use charges against it become delin-
quent and said services are discontinued by the city as herein provided,
said services shall not be restored until all delinquent charges plus
~ a $10.00 penalty for late payment and shutoff and reconnection
charges are paid in full. An additional guarantee-of-payment deposit shall
be required so that the actual deposit held by the city shall be equal to
twice the amount of the current guarantee-of-payment schedule as set forth
in Section 52.33. However, the city shall not refuse to accept an applica-
tion for water service or to open a separate water service account because
of an outstanding delinquent bill on the subject property which was not
incurred by the applicant.
(B) If, after one full year from the date that the increased
deposit was required to resume service after disconnection for delinquency,
there has been no additional nonpayment disconnection, the customer may
request reduction of deposit to the current deposit rate as set forth in
the schedule in Section 52.33.
Section 11. That throughout Chapter 52, "Water", reference to
Director of Public Utilities shall be replaced by Director of Environmental
Services.
Section 12. That should any section or provision of this ordi-
nance 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 13. That all ordinances or parts of ordinances in
conflict herewith be, and the same are hereby repealed.
Section 14. That this ordinance shall become effective immedi-
ately upon its passage on second and final reading. That the rates shall
become effective with the water bills prepared after January 1, 1991.
PASSED AND ADOPTED in regular session on second and final reading
on this the llth days of December , 1990.
5 ORD. NO. 59-90
ATTEST:
C-ity Cler~ ~ - ~
First Reading December 4, 1990
Second Reading December 11, 1990
6 ORD. NO. 59-90
AN ORDtNANCI:- OF THE CiTY CO~
~, ~.., o~ T,~ ~o~ o~ o..
DELRAY BEAC~ NEWS ~ ~c,, ;~o~,0~,
'METERS', SECTION ~,16,
SUM RE~IRED TO BE OE~SIT-
ED WITH THE CiTY TO C~ER THE
COST OF TESTING ALL
p~blished Daily T.,~U~.~, ~,C,
T~ IN~ METERS AND
Monday thru Sunday ,~ T.~ ~.a
~OUNT RE~UI~ED FOR THE
TE~T~NG OF ~ETERS' THREE
Boca Ra~on. Palm Beach County. Florida ~.c.~s ~,o ~,; ~
~NG SECTION ~.1~, 'RE~AL
METERSWHEN SERVICE DISCO~
T;NUED;TEM~RARY R~OVAL
SUBJECTTO RETR~CTIVE
B}L~~, TO PROVIDE FOR A~ tN-
CREASE ,IN THE SERVICE
FOR RE~VAL OF WATER
STATE OF ~LO~ZD~ ~erees; e~ ~E,O~,~
HEABING 'RATES, CHARGES, AND
COUNTY OF PALM BEAC~ · ~ES'. SEC~O~
'CONNECT~0N CHARGESt T0
appeared NANC~ WA~ who on oat~ says that she ~o~ ~o~..ES~E.~
.O.~ES~O~.Z~ CUS~EeS
is the Classified Advertising ManageF of the Boca A~ ~.C~e~S~.O r.~ V~e~TA-
RaiDs News and the De~ay Beach News, davy c~.~ ~s~o u~ ~
iNCREMENTS, O~ ~RTIO~
newspapers published at Boca RaiDs in Palm ~o~, ~. ~. s~zs;
~[ND~NG SECTION ~,~. 'METER'
Beach County. Florida; that the attached copy of ~.ST*~*~O. C.*eO~', ~0
advertisement was published In said newspapeFs ~ZEe ,.ST*~A~O.
BOTH ~NSIOE AND OUTSIDE THE~
CITY, eA~O U~N ~ETER
in the issues of: ~ ~.~,.~ s~c~o, s.~,
~ ~ ~ - ~ CREASE ~N THE GUARA~
IDENCE, MBLTI-F~ILY~
IDENTIAL ANO VE~AT~ CUD
T~ERS, ~TH I~l~ A~ ~T-
SiDE THE CITY; BY ~EN~NG
SECTION ~.~ ~ATER RATE~,
SUB~CTION . (8}.. "M~THLY
RATES', ;0 PR~I~ F~ ~
CREASE tN ~ATER ~ES, FOR
BOTH RESIDENT)AL ~NO
Affiant further says that the s~d Boca Raton IDENTIAL CUST~ERS, ~TH
AND O~SI~ THE CITY
BASED U~ CERT~fN C~
News and Delray Beach News a~e newspapers pub-
CHARGES TO INCREASE ~ID
lished at Boca Raton, in said Palm Beach Count~,
TOMER/CAPACI~ A~
TY CHARGES; BY ~EN~ ~C-
~, ~on&~Y ~o~g~ ~&Y, ~n~ ~ve been
T~Oa ~.~, ~ ~Oa UC~
eeov~ ~oe *~ ~aCeE*SE
I$ TURNED Off; BY
~NG SECT)ON ~,~,
riod o~ one year next preceding the f~st publica-
CkLLS', TO PROV~E FOR ~N ~N~
tion of t~e attached cop7 of advertisement; and
affiant further says that she has neither paid nor s~.v,cE c~L Fa ,L~
AFTER ~R~ IY
ENACTING A NEW SECTt~
promised any person, f~m o~ ca~po~ation any dis- ~
pose of securing this advertisement ~or publication ur,utv .aae~ ~a~
AMENO(NG '
in said newspapers. 'RESUMIK ~RVt~ ~
CO~TI~A~ ~ ~US~
CY', TO ~ROVIOE F~ A
PENALTY ~R ~TE ~Y~
ADDITI~ TO ~LI~NT
CHARGES; BY REP~ING,
THROUGHOUT THE CH~ER REF-
ERENCE ~ DIRECT~ OF
UTtL~TIE~ WITH DIRECTOR OF
~ VIRON~NTAL SERViCe; PR~
rIDiNG A SAVING C~USE~
CLAUSE; PR~~
.bscribed before ~e this
~ ' : da~ ofc' ~, A.D., ~9 '~ ~ ~ ~