Ord 23-04ORDINANCE NO. 23-04
AN ORDINANCE OF THE CITY COMMISSION OF THE
CITY OF DELRAY BEACH, FLORIDA, AMENDING
CHAPTER 53, "SANITARY SEWERS", OF THE CODE OF
ORDINANCES OF THE CITY OF DELRAY BEACH,
FLORIDA, BY AMENDING SUBSECTION 53.130(F),
"WHOLESALE SEWER RATES", TO PROVIDE FOR
RATES AND CHARGES FOR WHOLESALE USERS OF
THE CITY'S SEWERAGE SYSTEM; PROVIDING A
SAVINGS CLAUSE, A GENERAL REPEALER CLAUSE,
AND AN EFFECTIVE DATE.
WHEREAS, the City Commission of the City of Delray Beach has determined that there is a
need to set the rates and charges for wholesale users of the City's sewerage system.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE
CITY OF DELRAY BEACH, FLORIDA:
Section 1. That Chapter 53, "Sanitary Sewers," Section 53.130, "User Charges;
Wholesale Sewer Rates; Calculation of Sewer Surcharge.", Subsection 53.130(F), "Wholesale Sewer
Rates", of the Code of Ordinances of the City of Delray Beach, be amended to read as follows:
IVhoksale Sewer Rates.
(1)
This Section is applicable to those wholesale customers which maintain their own
wastewater collection systems. They shall be charged a fiat rate per one thousand (1,000)
gallons, the quantity of which shall be determined by the metering of the wastewater
discharge from each wholesale customer's individual wastewater collection system.
The metering device shall be satisfactory to the City and shall provide for a separate remote
thirty-day recording device which shall have a totali~er. Location of the metering device shall
be at an accessible location as agreed upon by the parties involved and as further explained
and stipulated in an agreement to be executed by both pardes.
All costs incident to the furnishing, installation, initial calibration, and maintenance on a
continuing basis of the meter, are and shall, be, the wholesale customer's responsibility. The
wholesale customer will provide to the City or its designated representative full details on the
proposed meter installation and assurance that the installation will commence only upon the
written authorization of the City. The City shall provide an authorization within ten (10) days
after receipt by the City of the details of the above proposed meter installation.
The meter shall be read monthly by a duly authorized agent of the City, and the wholesale
customer shall provide access to the meter for this purpose. In the event of suspected
inaccuracy in meter readings, the City shall have the fight to request that the meter be tested
by an independent organization in accordance with standard practices. If the meter shall be
found inaccurate or defective, the cost of the meter test shall be borne by the wholesale
customer. If the meter shall be found to be accurate and in good condition, the cost of the
meter test shall be borne by the City.
(5)
In the event of extenuating circumstances, the Commission may, at its discretion, direct that
sufficient proof other than the inst~!l~tiun of a metering device may be acceptable to
determine the quantity of wastewater discharge.
Rates and charges to be collected from wholesale users of the City sewerage system ~h~l! be
the sum of the Commodity Charge and the South Central Re~unal Wastewater Treatment
and Disposal Board Charge for inside City. customers as stated in Sec. 53.130(D)(2).
Section 2. 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 3. That all ordinances or parts of ordinances in conflict herewith be, and the
same are hereby repealed.
Section 4. That this ordinance shall become effective mediately upon its passage on
second and final reading.
PASSED A~ID ADOPTED in regular session on second and final reading on this the
~ day of ~ ,2004.
ATTEST:
CITY CLERK
First Reading ~g~'~j ~tSIO~
Second Readin~ 4ga <:~D~t'$
MEMORANDUM
TO:
FROM:
SUBJECT:
DATE:
MAYOR AND CITY COMMISSIONERS
CITY MANAGER ~
AGENDA ITEM # ~ {~ ~ - REGULAR MEETING OF MAY 4. 2004
ORDINANCE NO. 23-04 (AMENDING CHAPTER 53. "SANITARY
SEWERS")
APRIL 30, 2004
This ordinance is before Commission for second reading and public hearing to amend Chapter 53,
"Sanitary Sewers" of the City Code of Ordinances, Subsection 53.130(F), "Wholesale Sewer Rates" to
provide for rates and charges for wholesale users of the City's sewerage system.
At the first reading on April 13, 2004, the Commission passed Ordinance No. 23-04.
Recommend approval of Ordinance No. 23-04 on second and final reading.
S:\City Clerk\agenda memo. OM 23.04. Wholesale Sewer Rates.05.04.04
MelTIO
To; City Commission
,4
Frmm David Harden
CC:
Dat~: Apdl 6, 2004
Re~ Wholesale Sewer Rates
While reviewing our agreement with Highland Beach for conveyance and tm, atment of their
sanitary sewage, we discovered that our City Code does not cleady establish the rate to be
charged for this service. The following ordinance will correct this housekeeping error.
The rate determined by this ordinance is the rate we ara currently charging. It is based on
the fact that Highland Beach has their own collection system which they maintain. They
pump their sewage to our mutual boundary where it comes into our sewerage system and is
pumped to the treatment plant via our force mains.
ORDINANCE NO. 23-04
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY
OF DELRAY BEACH, FLORIDA, AMENDING CHAPTER 53,
"SANITARY SEWERS", OF THE CODE OF ORDINANCES
OF THE CITY OF DELRAY BEACH, FLORIDA, BY
AMENDING SUBSECTION 53.130(F), "WHOLESALE SEWER
RATES", TO PROVIDE FOR RATES AND CHARGES FOR
WHOLESALE USERS OF THE CITY'S SEWERAGE
SYSTEM; PROVIDING A SAVINGS CLAUSE, A GENERAL
REPEALER CLAUSE, AND AN EFFECTIVE DATE.
WHEREAS, the City Commission of the City of Delray Beach has determined that
there is a need to set the rates and charges for wholesale users of the City's sewerage
system.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY
OF DELRAY BEACH, FLORIDA:
.Section 1. That Chapter 53, "Sanitary Sewers," Section 53.130, "User Charges;
Wholesale Sewer Rates; Calculation of Sewer Surcharge.", Subsection 53.130(F),
~/holesale Sewer Rates", of the Code of Ordinances of the City of Delray Beach, be
amended to read as follows:
(F) Wholesale Sewer Rates.
(1)
This Section is applicable to those wholesale customers which maintain their own
wastewater collection systems. They shall be charged a fiat rate per one thousand
(1,000) gallons, the quantity of which shall be determined by the metering of the
wastewater discharge from each wholesale customer's individual wastewater
collection system.
(2)
The metering device shall be satisfactory to the City and shall provide for a separate
remote thirty-day recording device which shall have a totalizer. Location of the
metering device shall be at an accessible location as agreed upon by the parties
involved and as further explained and stipulated in an agreement to be executed by
both parties.
(3)
All costs incident to the furnishing, installation, initial calibration, and maintenance on
a continuing basis of the meter, are and shall, be, the wholesale customer's
responsibility. The wholesale customer will provide to the City or its designated
representative full details on the proposed meter installation and assurance that the
installation will commence only upon the written authorization of the City. The City
shall provide an authorization within ten (10) days after receipt by the City of the
details of the above proposed meter installation.
(4)
The meter shall be read monthly by a duly authorized agent of the City, and the
wholesale customer shall provide access to the meter for this purpose. In the event of
suspected inaccuracy in meter readings, the City shall have the right to request that
the meter be tested by an independent organization in accordance with standard
practices. If the meter shall be found inaccurate or defective, the cost of the meter test
shall be borne by the wholesale customer. If the meter shall be found to be accurate
and in good condition, the cost of the meter test shall be borne by the City.
(5)
In the event of extenuating circumstances, the Commission may, at its discretion,
direct that sufficient proof other than the installation of a metering device may be
acceptable to determine the quantity of wastewater discharge.
(6)
Rates and char,qes to be collected from wholesale users of the City seweraqe system
shall be the sum of the Commodity Char.qe and the South Central Reqional
Wastewater Treatment and Disposal Board Char.qe for inside City customers as
stated in Sec. 53.130(D)(2).
Section 2. 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 3. That all ordinances or parts of ordinances in conflict herewith be, and
the same are hereby repealed.
Section 4. That this ordinance shall become effective immediately upon its
passage on second and final reading.
PASSED AND ADOPTED in regular session on second and final reading on this the
day of ., 2004.
ATTEST:
MAYOR
CITY CLERK
First Reading
Second Reading
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