Ord 67-05
(" /",\
ORDINANCE NO, 67-05
AN ORDINANCE OF THE CITY COMMISSION OF THE
CITY OF DELRA Y BEACH, FLORIDA, AMENDING THE
CODE OF ORDINANCES, BY MvfENDING CHAPTER 59,
"RECLAIMED WATER", TO PROVIDE FOR
CLARIFICATION REGARDING THE DEFINITION OF
RECLAIMED WATER DISTRIBUTION SYSTEM AND
RECLAIMED WATER TRANSMISSION SYSTEM AND
INCREASING THE WHOLESALE CUSTOMER RATE TO
$.25; PROVIDING A SAVING CLAUSE, A GENERAL
REPEALER CLAUSE, AND AN EFFECTIVE DATE.
WHEREAS, potable water and groundwater are valuable resources which must be
conserved; and
WHEREAS, reclaimed water is also a valuable resource which can safely be used for
irrigation purposes, thereby substantially contributing to the conservation of groundwater and
potable water; and
! WHEREAS, the City of Delray Beach has determined to establish a reclaimed water system
which would make reclaimed water available for irrigation; and
WHEREAS, such reclaimed water system serves a valid public purpose in helping to
conserve water resources.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE
CITY OF DELRA Y BEACH, THAT:
Section 1. Chapter 59, "Reclaimed Water", Section 59.04, "Defuútions", of the Code of
Ordinances of the City of Delray Beach, Florida, be, and the same is hereby amended to read as
follows:
Sec. 59.04. DEFINITIONS.
I
As used in this article, the following words and phrases have the meaning ascribed herein,
unless a different meaning is set forth in another section of this Chapter or the context
clearly indicates otherwise.
Bacijlow prevention assemblY. A backflow prevention assembly shall mean a device and/or
method of construction used to prevent backflow into a potable and/or reclaimed water
(' /,\
system. The type of assembly used shall be based on the degree of hazard, either existing or
potential.
City. City of Delray Beach, Florida, a municipal corporation.
Cross conneaion. Any physical arrangement whereby a potable and/or reclaimed water supply
IS connected, directly or indirectly, with any other system capable of imparting
contamination to the potable and/or nonpotable water supply as the result of backflow.
Customer. Any person, dwelling unit, agent, property owner, developer, user, company,
municipal corporation, political subdivision, homeowners association or other entity which
accepts or receives reclaimed water service or benefits directly from services rendered by the
department.
I Department, The City of Delray Beach Environmental Services Department.
Development. All projects with non-residential connections and all residential projects
including twenty (20) or more dwelling units.
Direaor. The Director of the City of Delray Beach Environmental Services Department or
the duly authorized representative.
Dwelling unit. A single unit designated or intended for one-family occupancy (a household of
one (1) or more persons), including, but not limited to, one (1) single-family house, one-half
( 1/2) of a duplex, one (1) apartment, or one (1) mobile home.
Irrigation, The use of water to maintain and enhance the growth of lawns, shrubs, trees, or
edible crops as set forth in Chapter 62-610, Florida Administrative Code.
USA (Utility Se17JÌce Area), The area encompassed by the City's Planning Area as shown on
the Future Land Use Map in the City's Comprehensive Plan exclusive of the Country Club
Acres development lying west of Military Trail.
I
I Person. Includes individuals, firms, associations, joint ventures, partnerships, estates, trusts,
corporations, and all other groups or combinations.
Point of se17JÌce. The outlet side of the Department's reclaimed water meter box or other point
identified on construction plans which ends the Department's ownership, operation and
maintenance responsibility.
I Property owner. One in whom the legal title to real estate is vested as recorded in the public
records of the State of Florida.
2 ORD. NO. 67-05
II
(" /,\
i
I
&claimed water. Water that has received at least secondary treatment and basic disinfection
and is reused after flowing out of a wastewater treatment facility (Florida Administrative
Code, Chapter 62-610).
&claimed water distribution !)1st em. A network of pipes, generally 8 inch diameter and smaller.
along with pumpiftg faci1ities, 3torage facilitie3, valves. meters. and related appurtenances
designed to convey and distribute reclaimed water from oae (1) or marc wll3tewat:cr
tteMmefit faeilities tlp Reclaimed Water Transmission System to the Department's side of the
point of service.
I
I Reclaimed water irrigation [lstem. A network of pipes, pumping facilities, storage facilities,
sprinkler heads, and appurtenances on the customer's side of the point of service designed to
convey and apply reclaimed water.
Reclaimed water transmission {lstem. A network of pipes. generally 10 inch diameter and larger.
I along with pumping facilities. storage facilities. and related appurtenances designed to
convey and transmit reclaimed water from one (1) or more wastewater treatment facilities to
the Reclaimed Water Distribution System. Service connections will generally not be made
to the transmission system.
Retail Customer. Any single family residential connection regardless of meter size, and any
multi-family residential or non-residential connection requiring a meter size less than two
I inches.
, Service. The readiness and ability on the part of department to furnish reclaimed water to the
property.
S e11JÍce initiation, The date a reclaimed water meter is installed.
I Wholesale Customer. Any multi-family residential or non-residential connection requiring a
meter size of two inches or larger.
Section 2, That Chapter 59, "Reclaimed Water", Section 59.06, "Use of Reclaimed Water
within the City of Delray Beach Service Area" is hereby amended to read as follows:
Sec. 59.06 USE OF RECLAIMED WATER WITHIN THE CITY OF DELRAY
BEACH SERVICE AREA.
A. Reclaimed water service will be made available within the City's Utility Service Area
as the transmission system is extended and treatment capacity becomes available.
3 ORD. NO. 67-05
("' /~
B. Reclaimed water semce will be deemed available when Reclaimed Water
Distribution System facilities necessary for connection to the customers' irrigation
system are activated to the customers' point of service. Easements may be required
across private property to accommodate extension of the transmission system to the
customers' point of service. In the event that such required easements are not
granted by the customer, reclaimed water will be deemed available when facilities are
placed in service abutting any point on the customers property line.
C. Customers shall have ninety (90) days from the date of notification from the City of
service availability to connect irrigation systems to the reclaimed water system with
no fees assessed by the City. Customers connecting after that time will be assessed
meter installation charges. After the stated 90 day period, customers requiring
irrigation water that remain unconnected to the reclaimed water system will be
assessed a monthly capacity charge as listed in section 59.09. Upon connection to
the reclaimed water system, the capacity charge will cease.
D. Connection of an irrigation system to the customer's side of the reclaimed water
meter is the responsibility of the customer and shall be performed at the customer's
expense.
E. Should the customer require reclaimed water of quality or pressure varying from that
normally supplied by the City, the customer shall be responsible for any devises
necessary to make these adjustments, provided, however, that such devices will
require prior approval by the City.
Section 3. That Chapter 59, "Reclaimed Water", Section 59.09, "Fees, Rates & Charges", is
hereby amended to read as follows:
Sec. 59.09. FEES, RATES & CHARGES.
A. Charges for reclaimed water use will be based on metered flows and will be billed on
a monthly basis per 1000 gallons in accordance with the following schedule:
1. Retail customer rate $1.00
2. Wholesale customer rate ~ S 0.25
B. Meter installation charges, when applicable, shall be as listed in Chapter 52, section
52.32.
C. Capacity charge, when applicable, shall be as listed in Chapter 52, Section 52.34(B).
Any other combination of services will be at actual cost as determined by the Director.
I 4 ORD. NO. 67-05
{' /,\
Section 2. That should any section or provision of this ordinance, or any portion thereof,
or 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 the
second and fmal reading.
~OPTED in regular session on second and final reading on this the ~
day of , 2005.
I ~¡R~
ATTEST:
~S).~~
City Clerk
I First Reading ~ \ø \DS
" "
Second Reading C\ \ro \ <::6
\ \
5 ORD. NO. 67-05
MEMORANDUM
TO: MAYOR AND CITY COMMISSIONERS
FROM: CITI MANAGER 0'4
SUBJECT: AGENDA ITEM # \03"" - REGULAR MEETING OF SEPTEMBER 20. 2005
ORDINANCE NO. 67-05 (AMENDING CHAPTER 59 "RECLAIMED
WATER")
DATE: SEPTEMBER 16, 2005
This ordinance is before the Commission for second reading and public hearing to amend Chapter 59,
"Reclaimed Water", of the Code of Ordinances to provide for clarification regarding the definition of
reclaimed water distribution system and reclaimed water transmission system and changing the
wholesale customer rate from $0.24 to $0.25 per 1,000 gallons.
At the first reading on September 6,2005, the Commission passed Ordinance No. 67-05.
Recommend approval of Ordinance No. 67-05 on second and final reading.
S'\Clty Clerk\agenda cover memos\ordmance memos\Ord 67-05 Rechumed Water 092005
. 01<
. ~
[IT' DF DELRAY IEA[H
CITY ATTORNEY'S OFFICE 2fJ(J '\1W hI AVE\;l-E· DELR..\T BE..\CH. FLORIDA 3344-+
n-U.PHO\;E "h!!2·F-;O<;iO ·I-\C<';I\IIU: :"611278-4755
DELRAY BEACH Writer's Direct Line: 561/243-7091
f L C RID ....
D.ed
All-America City
, 1111: DATE: MEMORANDUM
August 11,2005
1993 TO: City Commission
2001
David Harden, City Manager
FROM: Terrill C. Barton, Assistant City Attorney <JCß
SUBJECT: Reclaimed Water Ordinance No. 67-05
Attached please find an ordinance clarifying the definitions of Reclaimed Water
Distribution System vs. Reclaimed Water Transmission System and changing the
wholesale customer rate from $.24 to $.25.
Please place this ordinance on the September 6, 2005 City Commission agenda
and call if you have any questions.
Thank you.
TCB:smk
Attachment
cc: Janet Whipple, Acting City Clerk
\~F
ORDINANCE NO. 67-05
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF
DELRAY BEACH, FLORIDA, AMENDING THE CODE OF
ORDINANCES, BY AMENDING CHAPTER 59, "RECLAIMED
WATER", TO PROVIDE FOR CLARIFICATION REGARDING THE
DEFINITION OF RECLAIMED WATER DISTRIBUTION SYSTEM
AND RECLAIMED WATER TRANSMISSION SYSTEM AND
INCREASING THE WHOLESALE CUSTOMER RATE TO $.25;
PROVIDING A SAVING CLAUSE, A GENERAL REPEALER
CLAUSE, AND AN EFFECTIVE DATE.
WHEREAS, potable water and groundwater are valuable resources which must be
conserved; and
WHEREAS, reclaimed water is also a valuable resource which can safely be used for
irrigation purposes, thereby substantially contributing to the conservation of groundwater and
potable water; and
WHEREAS, the City of Delray Beach has determined to establish a reclaimed water
system which would make reclaimed water available for irrigation; and
WHEREAS, such reclaimed water system serves a valid public purpose in helping to
conserve water resources.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF
DELRAY BEACH, THAT:
Section 1. Chapter 59, "Reclaimed Water", Section 59.04, "Definitions", of the Code of
Ordinances of the City of Delray Beach, Florida, be, and the same is hereby amended to read as
follows:
Sec. 59.04. DEFINITIONS.
As used in this article, the following words and phrases have the meaning ascribed herein,
unless a different meaning is set forth in another section of this Chapter or the context
clearly indicates otherwise.
Backflow prevention assembly. A backflow prevention assembly shall mean a device
and/or method of construction used to prevent backflow into a potable and/or reclaimed
water system. The type of assembly used shall be based on the degree of hazard, either
existing or potential.
City. City of Delray Beach, Florida, a municipal corporation.
Cross connection. Any physical arrangement whereby a potable and/or reclaimed water
supply is connected, directly or indirectly, with any other system capable of imparting
contamination to the potable and/or nonpotable water supply as the result of backflow.
Customer. Any person, dwelling unit, agent, property owner, developer, user, company,
municipal corporation, political subdivision, homeowners association or other entity which
accepts or receives reclaimed water service or benefits directly from services rendered by
the department.
Department. The City of Delray Beach Environmental Services Department.
Development. All projects with non-residential connections and all residential projects
including twenty (20) or more dwelling units.
Director. The Director of the City of Delray Beach Environmental Services Department or
the duly authorized representative.
Dwelling unit. A single unit designated or intended for one-family occupancy (a household
of one (1) or more persons), including, but not limited to, one (1) single-family house, one-
half ( 1/2) of a duplex, one (1) apartment, or one (1) mobile home.
Irrigation. The use of water to maintain and enhance the growth of lawns, shrubs, trees, or
edible crops as set forth in Chapter 62-610, Florida Administrative Code.
USA (Utility Service Area). The area encompassed by the City's Planning Area as shown
on the Future Land Use Map in the City's Comprehensive Plan exclusive of the Country
Club Acres development lying west of Military Trail.
Person. Includes individuals, firms, associations, joint ventures, partnerships, estates,
trusts, corporations, and all other groups or combinations.
Point of service. The outlet side of the Department's reclaimed water meter box or other
point identified on construction plans which ends the Department's ownership, operation
and maintenance responsibility,
Property owner. One in whom the legal title to real estate is vested as recorded in the
public records of the State of Florida.
2 ORD. NO. 67-05
-- -----
Reclaimed water. Water that has received at least secondary treatment and basic
disinfection and is reused after flowing out of a wastewater treatment facility (Florida
Administrative Code, Chapter 62-610).
Reclaimed water distribution system. A network of pipes, qenerally 8 inch diameter and
smaller, alonq with pumping facilities, storage facilities, valves, meters, and related
appurtenances designed to convey and distribute reclaimed water from one (1) or more
wastewater treatment facilities up Reclaimed Water Transmission System to the
Department's side of the point of service.
Reclaimed water irrigation system. A network of pipes, pumping facilities, storage facilities,
sprinkler heads, and appurtenances on the customer's side of the point of service
designed to convey and apply reclaimed water.
Reclaimed water transmission system. A network of pipes. qenerally 10 inch diameter and
larqer, alonq with pumpinq facilities, storaqe facilities, and related appurtenances desiqned
to convey and transmit reclaimed water from one (1) or more wastewater treatment
facilities to the Reclaimed Water Distribution System. Service connections will qenerallv
not be made to the transmission system.
Retail Customer. Any single family residential connection regardless of meter size, and
any multi-family residential or non-residential connection requiring a meter size less than
two inches.
Service. The readiness and ability on the part of department to furnish reclaimed water to
the property.
Service initiation, The date a reclaimed water meter is installed.
Wholesale Customer. Any multi-family residential or non-residential connection requiring a
meter size of two inches or larger.
Section 2. That Chapter 59, "Reclaimed Water", Section 59.06, "Use of Reclaimed Water
within the City of Delray Beach Service Area" is hereby amended to read as follows:
Sec. 59.06 USE OF RECLAIMED WATER WITHIN THE CITY OF DELRAY BEACH
SERVICE AREA.
A. Reclaimed water service will be made available within the City's Utility Service Area
as the transmission system is extended and treatment capacity becomes available.
3 ORD. NO. 67-05
B. Reclaimed water service will be deemed available when Reclaimed Water
Distribution System facilities necessary for connection to the customers' irrigation
system are activated to the customers' point of service. Easements may be
required across private property to accommodate extension of the transmission
system to the customers' point of service. In the event that such required
easements are not granted by the customer, reclaimed water will be deemed
available when facilities are placed in service abutting any point on the customers
property line.
C. Customers shall have ninety (90) days from the date of notification from the City of
service availability to connect irrigation systems to the reclaimed water system with
no fees assessed by the City. Customers connecting after that time will be
assessed meter installation charges. After the stated 90 day period, customers
requiring irrigation water that remain unconnected to the reclaimed water system
will be assessed a monthly capacity charge as listed in section 59.09. Upon
connection to the reclaimed water system, the capacity charge will cease.
D. Connection of an irrigation system to the customer's side of the reclaimed water
meter is the responsibility of the customer and shall be performed at the customer's
expense.
E. Should the customer require reclaimed water of quality or pressure varying from
that normally supplied by the City, the customer shall be responsible for any devises
necessary to make these adjustments, provided, however, that such devices will
require prior approval by the City.
Section 3. That Chapter 59, "Reclaimed Water", Section 59.09, "Fees, Rates & Charges",
is hereby amended to read as follows:
Sec. 59.09. FEES, RATES & CHARGES.
A. Charges for reclaimed water use will be based on metered flows and will be billed
on a monthly basis per 1000 gallons in accordance with the following schedule:
1. Retail customer rate $ 1.00
2. Wholesale customer rate $ 0.24 $ 0.25
B. Meter installation charges, when applicable, shall be as listed in Chapter 52, section
52.32.
C. Capacity charge, when applicable, shall be as listed in Chapter 52, Section
52.34(B).
4 ORD. NO. 67-05
Any other combination of services will be at actual cost as determined by the Director.
Section 2. That should any section or provision of this ordinance, or any portion thereof,
or 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
the second and final reading.
PASSED AND ADOPTED in regular session on second and final reading on this the _
day of ,2005.
MAYOR
ATTEST:
City Clerk
First Reading
Second Reading
5 ORD. NO. 67-05
~C·- CLÚl () (tLtv1-e-
www.bocanews com. Boca RatonlDelray Beach News - Fnday, September 9, 2005 23
\91-'cß --I 100 f-- ---I 100 f--
Q(à
LEGAL NOTICES LEGAL NOTICES
6ENL'Y &HVIU::::::i . at- [HI: GUut: Of GlAUSE:, ANU AN t¡-ttGIIVi: VAIt.
ORDINANCES OF THE CITY ()I' DEL- Please be advised that a a person
RAY BEACH. BY AMENDING SECTION
96 66 "EMERGENCY MEDICAL decides to appeal any deCislOO made
TRANSPORTATION FEES". SUBSEC- by the City CommissIon WIth respect to
~~E~I~NM~~~g~~c~~~ any matter considered at these hear-
ings, such person may need to ensure
ICAL TRANSPORTATION IN ACCOR- that a verbabm record Includes I:he tes-
100 DANCE WITH THE NATIONALAMERI- bmony and evidence upon wt1ICh the
CAN FEE SCHEDULE, PROVIDING A appeal.. to be based The City does
ANNOUNCEMENTS SAVING CLAUSE. A GENERAL not provide nor prepare such record
REPEALER CLAUSE AND AN EFFEC- Pursuant to F S 286 0106
--I 100 J-- TlVE DATE CITY OF DELRAY BEACH
OIIIIINAHCE NO. 71H15 CheveIIe 0 Nub,"
CltyClert<
LEGAL NOTICES AN ORDINANCE OF THE CITY COM- PUBLISH frklay. September 9. 2005
MISSION OF THE CITY OF DELRAY
CITY Of....., HMiII, fUIIUIIA BEACH. FLORIDA. AMENDING CHAP- Boca RatonÆJelr.!y Beach News
TER 52. 'WATER". OF THE CODE Of Ad #124385
NOTa Of PUIUC_ DRDlNANCES Of THE CITY Of DEL-
A PUBLIC HEARING will beheld on the RAY BEACH, BY AMENDING SECTION
52 34. 'WATER RATES". SUBSEC-
following proposed ordinances at 7 00 r~~J;'WJsIJr~~gM~
pm on TUESDAY. SEPTEMBER 20,
2005 or at any conI1nuabon Of such DENTtAL AND IRRIGATION RATES
~~~~~: FOR fY 2006. PROVIDING A GENER-
AL REPEAlfR CLAUSE. A SAVING
bofs. 100 N W 1st A......, Deiray CLAUSE. AND AN Eff£CTM DATE
Beach. Ronda. at wt1ICh time the City
Commission will consider their adop- ORDINANCE NO. 7H15
_ T11e~~~Ciy~~ AN ORDINANCE OF THE CITY COM-
::=.. lOONW 1stA........0eI- MISSION Of THE CITY Of DEtRAY
r.!y Beach. _ between the-hours BEACH. fLDRIDA. AMENDING CHAP-
of BOO..m and 5"00 pm, Monday TER 51. "GARBAGE AND TRASH". Of
through fnday. """"pi holidays All THE CODE Of ORDINANCES Of THE
_ parties are Invited to attend CITY Of DELRAY BEACH. BY AMEND-
and be hean1 wiIh respect to the pro- ING SECTION 51 70. "REGULAR
posed OrdInances CHARGES LEVIED". TO PROVIDE FOR
OROlllANCE NO. 6H15 INCREASED RESIDENTIAL AND COM-
MERCIAL COLLECTION SERVICE
AN ORDINANCE Of THE CITY COM- RATES FOR fY 2006. PROVIDING A
GENERAL REPEAlER CLAUSE. A
MISSION OF THE CITY OF DELRAY SAVING CLAUSE, AND AN ElfECTM
BEACH, FLORIDA. AMENDING THE DATE
CODE Of ORDINANCES. BY AMEND-
ING CHAPTER 59. "RECLAIMED OROINAIICE NO n-85
WATER", TO PROVIDE FOR CLARIfi-
CATION REGARDING THE DEfiNITION AN ORDINANCE OF THE CITY COM-
OF RECLAIMED WATER DISTRIBU- MISSION OF THE CITY OF DELRAY
TlON SYSTEM AND RECLAIMED BEACH. fLDRIDA. AMENDING CHAP-
WATER TRANSMISSION SYSTEM TER 53. "SANITARV SEWERS". OF
AND INCREASING THE WHOlESALE THE CODE Of ORDINANCES OF THE
CUSTOIÆR RATE TO $ 25. PROVID- CITY Of DELRAY BEACH. BY AMEND-
ING A SAVING CLAUSE. A GENERAL ING SECTION 53130. "USER
REPEAlfR CLAUSE. AND AN EFFEC- CHARGES. WHOLESALE SEWER
TM DATE RATES. CALCULATION OF SEWER
OROINAIICE NO Ii9-05 SURCHARGE". SUBSECTIDN
~~Æ~iJ R¡~IDE~~I~D :3N~
AN ORDINANCE OF THE CITY COM- RESIDENTIALICOMMERCIAL RATES
MISSIDN Of THE CITY OF DELRAV FOR FY 2006. PROVIDING A GENER-
BEACH, FLORIDA. AMENDING CHAP- AL REPEALER CLAUSE. A SAVING
TER 96. "FIRE SAFETY AND EMER-