Ord 52-98
I
I
- -,---------~~-_._--- '. _._~. .__.'--"-~-'-~--'--~------- .' _._.__._---_._.~_._..-
ORDINANCE NO. 52-98
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF
DELRAY BEACH, FLORIDA, AMENDING CHAPTER 52,
"WATER", SECTION 52.39, "OTHER FEES", SUBSECTION
S2.39(H), "FEE FOR MAINTENANCE OF IMPROVEMENTS
WITHIN RIGHT-OF-WAY", OF THE CODE OF ORDINANCES OF
THE CITY OF DELRAY BEACH, TO PROVIDE FOR AN
INCREASED FEE TO COVER THE ACTUAL COST OF WATER
CONSUMPTION; PROVIDING A SAVING CLAUSE, A GENERAL
REPEALER CLAUSE, AND AN EFFECTIVE DATE.
WHEREAS, the City Commission has determined that the actual
cost of water consumption paid by the City for providing water to
maintain right-of-way improvements located along the swale areas of
Swinton Avenue exceeds the funds received by the City in order to
maintain such improvements; and
WHEREAS, Subsection S2.39(H) currently provides for only a
$5.00 per month fee per parcel adjoining the improvement to cover the
cost of providing water to such improvements within the right-of-way;
and
WHEREAS, the City Commission has determined that a fee of
$7.50 per month per parcel adjoining the improvement would allow the
City to recoup its costs and adequately fund the maintenance of an
irrigation system along with the cost of water required in connection
with such irrigation system.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF
THE CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS:
Section 1. That Title V, "Public Works", Chapter 52,
"Water", Section 52,39, "Other Fees", Subsection 52.39 (H), "Fee for
Maintenance of Improvements Within Right-of-Way", of the Code of
Ordinances of the City of Delray Beach, Florida, is hereby amended to
read as follows:
Section 52.39 OTHER FEES.
(H) Fee for Maintenance of Improvements Within
Right-of-Way. In the event the City places landscaping improvements
and irrigation systems to maintain the landscaping improvements
within the right-of-way, the City Commission may impose a fee to
cover the cost of providing water to maintain the improvements and to
provide for the cost of installing and maintaining a sprinkler or
other irrigation system. The City Commission may authorize the
payment of a fee to be collected monthly and to be included on the
.
.
f
.
----
monthly water bill for property owners whose property adjoins the -
right-of-way in which the City installed the landscaping
improvements. The fee shall be $7.50 ~~¡ØØ per month per parcel
located adjacent to the right-of-way.
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 5th day of , 1999.
.
ATTEST:
~ '/{hr,}¿¡ 1 æ¡ Ih'iiv
City C rk
First Reading December 8, 1998
Second Reading January 5, 1999
- 2 - Ord, No. 52-98
I
I
MEMORANDUM
TO: MAYOR AND CITY COMMISSIONERS
FROM: CITY MANAGER~
SUBJECT: AGENDA ITEM # /O~ REGULAR MEETING OF JANUARY 5 , 1999
ORDINANCE NO. 52-98 (FEE FOR MAINTENANCE OF IMPROVEMENTS
WITHIN RIGHT-OF-WAY)
DATE: DECEMBER 29, 1998
------------------------------------------------------------------
------------------------------------------------------------------
This is second reading and a public hearing for Ordinance No.
52-98 which amends Section S2.39(H) of the City Code by increasing
the monthly fee charged by the City for providing water to
maintain right-of-way improvements located along the swale areas
of Swinton Avenue.
The proposed increase is from $5.00 per month per parcel adjacent
to the right-of-way to $7.50 per month per parcel adjacent to the
right-of-way. Based on an analysis by the Finance Department, a
fee of $7.50 per month per parcel adjoining the improvement will
allow the City to recoup its costs and adequately fund the
maintenance of an irrigation system along with the cost of water
required in connection with the irrigation. A copy of Mr.
Safford's memorandum is included in the backup material.
At first reading on December 8, 1998, the Commission passed this
ordinance by a vote of 4 to 1 (Mr. Randolph dissenting) .
Recommend approval of Ordinance No. 52-98 on second and final
reading,
L{,/ol
p~.~
ref:agmemo12
.
.
>., .. rY1
MEMORANDUM
To: David T. Harden, City Manager
From: Joseph M.~ Director
Date: November 11, 1998
Subject: Swinton Avenue Swale Irrigation Charges
As per your instructions, we have analyzed the water consumption versus water billings for the
swale areas on Swinton Avenue. The analysis shows that we average $447.00 per month in usage
or $5,364.00 on an annual basis. We currently bill $295.00 per month to adjacent property owners
or $3,540.00 on an annual basis. This results in a shortfall of $152.00 per month or $1,824 per
year,
Ordinance No. 60-94, dated August 16th, 1994 (attached) was issued to provide for a fee to those
property owners who adjoin the right-of-way in which the City provided landscaping
improvements. Section 1.(1) establishes a fee of $5.00 per parcel to cover the cost of the following:
1. cover the cost of providing water to maintain the improvements
2. provide for. the cost of installing and maintaining a sprinkler or other irrigation system
In order to cover the actual cost of water conswnption alone, we would need to increase the $5.00
per month charge to $7.50 per month per parcel that adjoins the Swinton Avenue improvements.
Please review the attached and determine if you would like to amend this ordinance to allow for
this increase.
encl. Ordinance No. 60-94 dated August 16, 1994
cc: Barbara Schooler, Utilities Customer Services Manager
Joe Weldon, Parks & Recreation Director
.
,
,.y'
¿.'
í~l
[IT' DF DELRA' BEA[H
CITY ATTORNEY'S OFFICE 200 NW 1st AVENUE· DELRAY BEACH, FLORIDA 33444
TELEPHONE 561/243-7090· FACSIMILE 561/278-4755
Writer's Direct Line: (561) 243-7090
DELRA Y BEACH
f lOR I D A
..........
AII·America City MEMORANDUM
" III! DATE: December 1, 1998
1993 TO: City Commission
David T. Harden, City Manager
FROM: Jay T, Jambeck, Assistant City Attorney (~
SUBJECT: Fee for Maintenance of Improvements within Right-of-way
Finance has requested that the fee for maintenance of improvements within the
right-of-way, authorized by Section 52.39(H) of the Delray Beach City Code, be
increased from $5.00 per month per parcel adjacent to the right-of-way to $7,50 per
month per parcel adjacent to the right-of-way.
The attached ordinance reflects the requested fee increase and clarifies that the
$7,50 fee is to be paid on a per month basis,
Attachment
cc: Alison MacGregor Harty, City Clerk
Joseph M, Safford, Finance Director
Susan Ruby, City Attorney
Barbara Schooler, Utilities Customer Services Manager
Joe Weldon, Parks & Recreation Director
11'~
~:.>4 ¡¡' I c¡>s'
'~ 1-0 ~
L(J1¡1' ~ )
I·A
I
u: f} 1i #{rn
-
·ec Boca Raton News, Wednesday, December 23, 1998
'"
em OF DlUlAY 1UaI,...-
I01ICE OF 1'IaIC_
I
I A PUBLIC HEARING will be hold on \lie
, foIowIng ~ onIInanœs 11700
p,m, on '1(. Jonuary 5, 1999
(or at any continuation 01 such meet-
Ing which is set by the Commission),
In the City Commission Chambers,
ì~~~~'J:~~
mission will consider their adoption,
The proposed ordinances may be
== at the 0Ifiœ 01 the CIty Clerk
I II Hall, 100 NW IS1Awnue, Del-
~ Beach, FIot1da. ~ the hours
I 800 a.m, and 5:00 p,m" Monday
::U~~e::r~~~
IIId be heard wItI1 respect to the pro-
IIJIIId ordinances,
IIIIœIMIŒ l1li. ....
AN OROINANCE OF THE CI1Y COM-
MISSION OF THE CITY OF OELRA'I(
ŒACH, FLORIOA, AMENOING
CHAPTER 52, 'WATI:R", SECTION
52,39, "aTHER ÆES", SUBSECTION
52,39~. "ÆE FOR MAIN1ENANCE
Of 1M OVEMENTS WITHIN RIGHT-
Of-WAY", OF THE COOE OF ORDI-
NANCES OF THE CITY OF DELRAY
BEACH, TO PROVIDE FOR AN
INCREASED ÆE TO COVER THE
ACTUAL COST OF WATER CON-
SUMPTION: PROVIDING A SAVING
ClAUS<, A GENERAL REPEALER
ClAUS< ANO AN EFÆCTlVE DATI:,
PIoase be _thai n a person
decides to appeal any decision made
by the City Commission wItI1 respect
to any matter considered at these
hearings, such person may need to
ensure that a Y8rbatim I1ICOrd
Includes the 1BSIimany and &Vidence
~ which the appeal is to be based,
CIty does oot provide nor prepare
such I1ICOrd, Pursuant to ~S,
286,0105,
Publish: o-nÞer 23, 1996
Boca Raton News
Ad #20104
'.
ORDINANCE NO. .5d~ '1~
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF
DELRAY BEACH, FLORIDA, AMENDING CHAPTER 52,
"WATER" , SECTION 52.39, "OTHER FEES", SUBSECTION
52.39(H), "FEE FOR MAINTENANCE OF IMPROVEMENTS
WITHIN RIGHT-OF-WAY", OF THE CODE OF ORDINANCES OF
THE CITY OF DELRAY BEACH TO PROVIDE FOR AN
INCREASED FEE TO COVER THE ACTUAL COST OF WATER
CONSUMPTION; PROVIDING A SAVING CLAUSE, A GENERAL
REPEALER CLAUSE, AND AN EFFECTIVE DATE.
WHEREAS, the City Commission has determined that the actual
cost of water consumption paid by the City for providing water to
maintain right-of-way improvements located along the swale areas of
Swinton Avenue exceeds the funds received by the City in order to
maintain such improvements.
WHEREAS, Subsection 52.39(H) currently provides for only a
$5.00 per month fee per parcel adjoining the improvement to cover the
cost of providing water to such improvements within the right-of-way.
WHEREAS, the City Commission has determined that a fee of
$7.50 per month per parcel adjoining the improvement would allow the
City to recoup its costs and adequately fund the maintenance of an
irrigation system along with the cost of water required In connection
with such irrigation system.
NOW THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE
CITY OF DELRAY BEACH AS FOLLOWS:
Section 1. That Chapter 52, "Water" , Section 52.39, "Other
Fees", Subsection 52.39(H), " Fee for Maintenance of Improvements Within
Right-of-Way' lS hereby amended to read as follows:
(H) Fee for Maintenance of Improvements Within Right-of-
Way. In the event the City places landscaping improvements
and irrigation systems to maintain the landscaping
improvements within the right-of-way, the City Commission may
lmpose a fee to cover the cost of providing water to maintain
the improvements and to provide for the cost of installing and
maintaining a sprinkler or other irrigation system. The City
Commission may authorize the payment of a fee to be collected
monthly and to be included on the monthly water bill for
property owners whose property adjoins the right-of-way in
which the City installed the landscaping improvements. The
"
~
fee shall be $7.50 $5.00 per month per parcel located adjacent
to the right-of-way.
'Y
Section Æ. 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 ~. That all ordinances or parts of ordinances In
conflict herewith be, and the same are hereby repealed.
. ~
Sectlon )5. 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 , 19~
'f
MAYOR
ATTEST:
City Clerk
First Reading
Second Reading
2 ORD NO.
'.