23-82 ORDINANCE NO. 23-82
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
DELRAY BLEACH, FLORIDA, AMENDING CHAPTER 29, "WATER
AND SEWERS", ARTICLE II, "WATER SERVICE", DIVISION 1,
"GENERALLY", OF THE CODE OF ORDINANCES OF THE CITY OF
DELRAY BEACHr FLORIDA,. BY REPEALING DIVISION l',
"GENERALLY", AND ENACTING A NEW DIVISION i, "GENER-
ALLY''; PROVIDING FOR MINIMUM SIZE OF WATER METERS;
PROVIDING FOR METER INSTALLATION CHARGES FOR INSIDE
AND OUTSIDE THE CITY; PROVIDING FOR WATER CONNECTION
CHARGES~ EXCEPTIONS TO SUCH CHARGES; AND FOR
CHARGES TO USERS OUTSIDE THE CITY; PROVIDING FOR TAP°
PING CHARGES AND DEPOSITS FOR TEMPORARY USE; PROVID-
iNG FOR DEPOSITS AND CHARGES FOR USE' OF WATER FROM
FIRE HYDRANTS; PROVIDING FOR WATER SERVICE RATES, FOR
BOTH RESIDENTIAL AND NONRESIDENTIAL CUSTOMERS, BOTH
INSIDE AND OUTSIDE THE CITY, BASED UPON CERTAIN CUS-
TOMERt CAPACITY AND COMMODITY CHARGES; PROVIDING
FOR DEFINITIONS OF RESIDENTIAL DWELLING UNIT5 AND OF
SUCH. CUSTOMER, CAPACITY AND COMMODITY CHARGES; PRO-
VID1NG FOR CHARGED WHEN BOTH RESIDENTIAL AND NONRESI-
DENTIAL USER5 ARE ON THE SAME METER; PROVIDING FOR
ANNUAL CHARGERS FOR FIRE.. HYDRANT RENTAL, AND FOR
STANDPIPE AND SPRINKLER SYSTEMS; PROVIDING FOR THE
CHARGING OF CUSTOMER AND CAPACITY CHARGE5 AS LONG
AS THE METER IS INSTALLED, REGARDLE$5 OF WHETHER
TURNED ON. OR OFF, AND WITHOUT REGARD TO USAGE;. PRO-
VIDIN(~. FOt~ DF,POSITS TO GUAR~ANTEI~' PAYMENT FOR USER.S:.
BOTH INSIDE AND OUTSIDE THE CITY; PROVIDING FOR TURN-
ING ON OF SERVICE AND CHARGES FOR SUCH TURNING ON OF
SERVICE;. PROVIDING FOR BILLS TO BE RENDERED MONTHLY
AND TO BE DUE AND PAYABLE FORTHWITH; PROVIDING FOR
PROCEDURES AND NOTICES FOR WHEN BILLS DELINQUENT
AND FOR DISCONTINUING SERVICE; PROVIDING FOR DISCON-
TINUING SERVICE AND FOR THE: CONTINUANCE OF BILLS
DURING TEMPORARY CUT-OFFS; PROVIDING FOR RESPONSI-
BILITY OF PROPERTY OWNER FOR ALL CHARGES FOR WATER
USE AGAINST THAT PROPERTY; PROVIDING FOR RESUMING
SERVICE AFTER DISCONTINUANCE FOR DELINQUENCY; PRO-
VIDING FOR REMOVAL OF METERS WHEN SERVICE DIS-
CONTINUED AND FOR CONTINUED BILLING FOR CUSTOMER
AND CAPACITY CHARGES FOR METERS REMOVED LESS THAN
TWELVE (12) MONTHS; PROVIDING FOR SERVICE CHARGES FOR
AFTER HOUR CALLS: PROVIDING FOR TESTING OF METERS AND
CHARGES FOR SAME; PROVIDING FOR MULTIPLE CONNECTIONS
THROUGH ONE METER; PROVIDING FOR MAKING UNLAWFUL
TAMPERING WITH OR DAMAGING EQUIPMENT; PROVIDING FOR
PRIMA FACIE EVIDENCE OF VIOLATION; PROVIDING A SAVING
CLAUSE; PROVIDING AN EFFECTIVE DATE.
WHEREAS, the City Council of the City of Delray Beach, Florida, commissioned a study
of ~he City's Water and Sewer Fund Rates for the fiscal year ending Sep'cember 30, 1982 and to
include calculations for debt reduc'cion amounts through March 31, 1982; and,
WHEREAS, said rate study dated November, 1981 and transmit-ted by letter dated
February 15, 1982, prepared by May, Zima & Company, Cer'eified Public Accountants, has proposed
new water and sewer rate schedules, new special service ra~e schedules and a new methodology for
the just and equitable calculation of such rates and charges; and,
WHEREAS, the City Council of the City of Delray Beach, Florida, deems it to be in the
best interests of all residents and citizens of the City ot Detray Beach, Florida, and all other users
of the City's water and sewer services, to adopt these recommendations, by incorporating same into
the City's water and sewer ordinances; and,
WHEREAS, the City Council of the City of Delray Beach, Florida, does hereby declare
the rates and charges set forth in this ordinance to be just and equitable, and necessary to meet
current expenses, future capacity, and to provide for future debt service coverage.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
DELRAY BEACH, FLORIDA, AS FOLLOWS:
Section 1. That C~apter 29 "Water and Sewers", Article II, "Water Service", Division 1,
"GeneraJly", of the Code of Ordinances ot the City of Oeltay l~tch, Florida,, be, and the same Lt
hereby repeaJed, and a new Divi~on l, "Generally", L~ hereby enacted to read as follows:
DMSION 1. GENERALLY
Sec. 29-t3. Minimum size of meters.
The mb~imurn sLze meter to be used at the residence or place of business of a water
customer of the city shall be az follows:
3/A~ inch. meter - Users having 7 fixtures' or less
I inch meter - Users having from g to 20 fixtures, both inclusive
I 1/2 inch meter - Users having from 21 to ~0 fixtures, both inclusive
For users having more than forty (~0) fixtures, the size meter to be determined l~y the
city water department. (Each exterior outlet shall be considered a separate fixture.)
Sec. 2%lAt. Meter insta'~ion, charge..
Meter installation charges, shall be az follows:
Inside City Outside City
Meter Size Charge Charge
3/6 inch ............................ · $ 260.00 $ 32§.00
I inch ............................ 3~0.00 ¢25.00
i I/2 inch ............................ 570.00 712.50
2 inch ............................ 760.00 950.00
3 inch ............................ A/C* A/C + 25%*
¢ inch ............................ A/C A/C + 25%
6 & $ inch ........ A/C A/C + 25%
' *A/C -- Actu~ Cost to City az. determined by the Director of Public Utilities.
See. 29-15. Connection charges.
(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 one hundred and fifty dollars ($150.00)
per residential dwelling unit. A residential dwelling unit is herein defined to be any
family llvin~ unit, and, where two. (2) or more families are living on the same
premises, each shall be considered as a separate residential dwelling unit. In
apartment buildings, condominiums, cooperatives, duplexes, resort dwelling units
and the like, and per each trailer space in a trailer park, each such living unit shaft
be considered a separate residential dwelling unit.
(2) There shall be a nonresidential water connection charge which shall be ba~ed on
two hundred dollars ($200.00) per one inch size water meter installed.
ORD. NO. 23-82
(b) Exceptions to water connection charge. Any structures that would ordinarily be
subiect to the connection charges set forth above shall be exempt if:
(1) The s~cructure is in a development in which the owner or developer at his expense
has cons'u'uc~ed and turned over to the city permanent water u'eatment and/or
transmission facilities adequate to serve such properW and is a party to the
Southwest Developers Agreement and/or the Northwest Developers Agreement or
me sl~u~e is in a developmenl: tha~ is'. at leas~ t~venty-five per cent (2~%)
complete, on 3une 31, 15}77. For the purposes of this paragraph 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 adve~ising and sale.
(2) As to a particular s~uc~ure, ail permits includin{[ but not limited to buildin{{
permit=,, water and sewer permil=, have been issued not later than 3anuary 2~+, 15}71,
and t~e mete= inslmliations and water connection for such. ~~ occur, no1=
lazer than July 2~+,
(3) The' exceptions created herein shall not apply to any permit issued prior to 3une
1977; only those structures for which permits are issued subsequent to June 31, 1977,
and which otherwise meet the above criteria, shall be exempt from the connection
charges.
~ .4 Y (c) Oul~de city, The connection charges to; users wholly oul~ide the corporate Emits'
of the city shall be twenty-five per cent (25%) higher than for the applicable charge to users within
the corporate limits of the city.
Sec- 25}-16. Tapping,,. charge, deposit for tempora~'y use,
Tapping charges to con'cractors and other persons requiring water for temporary use only,
shag[ be char~ed to. cover the: citer acta iai cos~ as. determined by the Dh-ec~er o~ Public Utilities, lr~ .:.
lnsmllin~ and remova~ and fro-' equipment damaged while on the job; and a reasonable deposit shall be
made, to cover such labor and damage, in addition to the deposit insuring payment for water
Sec. 2D-17. Use of water from hydrants.
Fire hydrants shrill not be used for obtaining water under any circumstances, except by
consent of the fire chief, and under his regulation and control, or some employee of the water
department under the direction of the chief of the fire department. In case fire hydrants are used
on a temporary basis for obtaining water, a four hundred dollar ($~00.00) deposit shall be required
and a charge of fourteen dollars ($1¢.00) shall be made for each connection. All water shall be
metered and a charge of thirty-four cents (S0.3~) for inside the city and forty-two and one-half
cents ($0.¢2§) for outside the city per thousand (1,000) §nHons shall be made for al1 water consumed.
The minimum dnily charge for water fi-om such hydranl~ shall be five dollars ($§.00).
Sec. 25}-1S. Rates.
(a) Definitions. As used in this Chapter, unless otherwise defined or required by
contents, the following words and phrases shall have the meaning indicated:
(1) Residential dwelling unit means any family living unit, ~nd, where two (2) or more
families are living on the same premises, each shall be considered as a separate
residential 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 shrill be considered a separate residential dwelling unit.
(~) Customer charge means the charges calculated to cover the costs incurred in the
~ billing system, which shall include, but not be limited to costs of meter reading,
. . recording, data processing, billing and collecting.
(3) Capacity charge means the charges calculated to cover costs incurred to have the
system available and in good operating condition withou~ regard to use, which shall
include, but not he,limited to costs of minimum personnel, capital outlay, debt
service, insurance, trans[ers, reset,ye requirements and debt service coverage.
3 ORD. NO .... 23-82
(4) Commodity charge means the charges calculated to cover the costs which vary
with the level o~ service provided, the amount of water produced or sewage
processed, which shrill include, but not be Limited to costs of personnel to operate.
the system, electricity, repairs and maintenance, and operatin§ supplies.
(b) The monthly rates (except for fire hydrants as set forth in Section 29-i7) for water
furnLshed by the: water facLLittes or plant oi the city to customers, within and outside the corporate
limits ot the ci'L'y, which unles~ otherwise indicated shall include the appropriate customer charges,,
capacity charges, and commodity charges for ~L[ customers, are hereby fixed as shown in the
following schedute:
Type of Customer inside City Outside City
Residential
Customer Charge (per meter) $ 2.22 $ 2,77
Capacity Charge (charged to all 6.12 7.65
customers, per residential dwelling unit)
Commodity Charge .3~per 1,000 gal. .~25 per 1,000 gal.
Nonresidential .c?
Customer Charge (per meter) S 2.22 $ 2.77
Capadty Charge (based~ upon meter size):
3/~ and I inch meter 6.12 7.65
L t/2 inch. me:er 13.;r~' 17.IT-..
2' inch meter 2~.5~ 30.67
3 inch meter 55.13 68.9t
· ~ inch meter 97.25 121.56
6 inch meter 216.96 271.20
Commodity Charge .3z~ per 1,000 gal. .~25 per 1,000 gal.
NOTE: Whenever both residential and nonresidential users areeon the same meter, the capacity
charge is to be computed as if each nonresidential user on said meter was a residential
dwelling unit, or all the users shall be charged based on the nonresidential capacity
charge rate, whichever is the greater.
(c)Fire Hydrant/Standpipe Charges (Annual)
Fire Hydrant Rental (Per Fire Hydrant)
Inside City - $165.00' annually
Outside City - 206.25 annually
Standpipes and Sprinklers Charge (Per Separate System)
e
Inside City - $165.00 annually
Outside City - 206.25 annually
(d) The customer charges and capacity charges as set iorth in this section shall be due
and payable each and every month, for as long as the meter is installed, regardless of whether or not
the meter is actually turned on or off, and without regard to usage.
Sec. 29-19. Deposit to guarantee payment.
A guarantee-of-payment deposit ~or all bills shall be made by each consumer or owner,
varying according to the size of the meter in use, as follows: '
ORD. NO. 23-82
Deposit
Inside City Out~ide City
Single Family Residence ................. $ 50.00 $ 62.50
Multi-family and Nonresidential
Meter Size
inch ............................$ 50.00 $ 62.50
I inch 50.00 62J0.
2 inch... ............................... 100.00 125.00
3 inches ............................. 125.00 156.25
t+ inches ............................ 200.00 250.00
6 inches ........................... ~00.00 500.00
8 inches ........................... 600.00 750.00
See. 29-20. Turning on of service.
Upon. application for water service and payment of a deposit as required by this.'
chapter, water will be turned on as soon as practical. There shall be a charge of thirteen dollars
($13.00) for each time water is turned on, except when the provisions of Sec.. 29-26 apply regardin8
turn on as a result of a shut off notice.
Sec, 29-21. Rendering of bills; when due and payable.
BLLLa loc ali water se~wice, includin& the customer charge, capacity, cha~ge and: .
commodity charge, shall be rendered to each customer (the person whose name the account is in)
upon installation of the meter, and on a monthly basis thereafter, and sha~ be due and payable
Sec. 29-22. When bills delinquent; discontinuing service; procedure.
Any bill remaining unpaid for a period of thirtT (30) days after rendition shall become
delinquent. If a delinquent bill is not paid within eighteen (18) days, the water will be cut off and the
service terminated, unless a protest and/or appeal is filed pursuant to the following procedure:
(a) After the customer's account is delinquent, the water department shall notify the
customer in writing that it intends to terminate water service eighteen (18) days
from the date of the delinquency, staring the reasons therefor, the amount of
arrearage, if any, and the date after which water service may be-terminated. The
water department mu~t include in this notification that the customer has six (6)
bu~ine~ days (from the date of postmark) in which to make a written protest to a
designated officer or managerial employee of the water department, stating in the
notification the last day for filing said protest. The protest will be considered.
timely flied if it is received or postmarked not later than the last day for filing
said protest. Any legible written statement which may be reasonably construed as
a protest and filed within the prescribed time shall be accepted. If a protest
hereunder is filed, water service will not be terminated while said protest is
pending.
(b) If a protest is not filed, then after the expiration of said period of eighteen (18)
days and before the water service is terminated, the water department shall
determine if the customer and water user are one and the same person. If they are
one and the same person, the water service will then be terminated. If the user is
a different person from the customer, the user (if less than eight (8) per one
account) shall be notified in writing of the delinquent bill; that the water
department intends to terminate the water service eighteen (18) days from the date
of postmark, if the notice to the user is mailed, or from date of delivery, Lf the
notice to the user is personally delivered; the reasons therefor; the amount of
: 5 ORD. NO. 23-82
arrearage, if anyI the date after which water service may be terminated and that
the user has six (6) business days (from the date of delivery of notice, if personally
delivered, or from the date of postmark, if said notice is malted) in which tO make
a written protest to a designated officer or managerial employee of the water
department, stating in the notice the last day for fLUng' said protest.
If the ctmtomer is. the owner or representative of eight (8) or more usersr a~
in the case of, but not limited to; an apartment house, condominium,, cooper'4tive
or muitifamily residence building, the users will be notified by posting a written
notice on the premises of the delinquent bill, stating that the water department
intends to terminate the water service eighteen (18) days from the date of the
notice posted, the reasons therefor, the amount of arrearage, if any, the date after
which the water-service may be terminated ancL that the users, h~ve six (6) busines~
days (from the date of posting the notice) in which to make a written protest to &
designated of:ricer oF managerial employee ot the water department, stating, in the
notice the last day for fLLing said protest,
The protest will be considered timely filed if it is received or postmarked not
later than the last day for filing said protest. Any legible written statement which
may be reasonably construed as a protest and filed within the prescribed time shall
be accepted. If a protest hereunder is fL[ed, water service will not be terminated
while said protest is pending,
(c) If a protest if fL[ed pursuant to the aforementioned procedure,' the water
department officer or managerial employee shall address~ himself to the customed~
or user's communication, make a bona fide inquiry into the dispute presented by the
customer or users and make a direct individual responser explaining in detail the
water department's position upon the matter. If such response is oral, the water
department shall, within a reasonable time thereafter, reduce the same to writing
and deliver. ~ copy, thereof.. ~ the customer. The written response shall contair~ a~ ·
notice that the customer or users may fL[e an appeal requesting a hearing, if the
customer or users are not satisfied with the aiorementioned finding of the water
department, within six (6) busines~ days (from the date of postmark) stating~ the
last day for filing said appeal; that said appeal must be in writing and must be
accompanied by a deposit of twenty-five dollars ($2§.00) or an amount equal to the
water department's bill to the customer or residence of user for the month prior to
the month said account became delinquent, whichever is lower. If there was no bill
for the month prior to the month said account became delinquent, the deposit shall
be twenty-five dollars ($25.00). The deposit shall be made with the city and held in
an escrow account until the hearing is concluded and a decision rendered by the
person conducting it. Water service will not be terminated pending the outcome of
said hearing. Any legible, written statement which may be reasonably construed as
an appeal ~nd fL[ed within the prescribed time will be accepted as a proper request
for a hearing. The appeal will be considered timely if received by the water
department or postmarked not later than the last day for filing said appeal.
{d) Upon receipt of a request for a hearing and applicable deposit, the protest and
request for hearing shall be assigned by the water department to a person to
conduct the hearing. The hearing may be conducted by any adult person, including
an employee of the city, provided he or she is not an employee of the water or
finance departments. The person to whom the protest has been assigned for
hearing shall notify the customer dr user as to the date, place and time of the
hearing. This notice shall be at least five (5) business days prior to the date of the
hearing. The hearing shall take place within thirty (30) calendar days from the
date the request for hearing is received by the water department, and shall be open
to the public.
(e) The hearing shaJl be as informal as is compatible with justice and shall include the
following procedures:
(1) A11 parties shall have an opportunity to respond, to present evidence and
argument on all issues involved, to conduct cross-examination and submit
rebuttal evidencel
'6 ORD. 510. 23-82
(2) Irrelevant, immaterial or unduly repetitious evidence shall be excluded, but
ail other evidence of a type commonly relied upon by reasonably prudent
persons in the conduct of their affairs shall be admissible, whether or not
such evidence would be admissible in a trial in the courts of Florida~
(3) Any par~ of the evidence may be received in written form, and all testimony
of parties and witnesse~ shall be made under oath; and
(~) Hearsay evidence may be used for the purpos~ of supplementing or explainin~
other evidence, but it shall not be sufficient in itself to support a finding,
unless it would be admissible over objection in civil actions.
(f) The customer or user will be. notified of the outcome of the above hearing and the
rea.~ons for the deci?)on. I~ the dec,on is~ in favor of the customer or user and: no.
portion o5 the bill. is. found due, the a~nount o5 said deport sha~L be returned to hLm
immediately, l~ the dec, on is. adverse to the customer or user~, the amount o5 said'
deposit shall be applied against the arrearage found due the water department. L(
the deposit is in excess of said arrearage, the excess shall be remitted to the
customer or user. If the deposit is less than said arrearage, the notice shah ir~(orm
the customer or user of the amount of the arrearage due, after crediting the
deposit, and that water service will be terminated five (§) days after the notice
postmarked. The notice well specify the date after which service may be
terminated.. ~'the customer or user tenders the amount o5 the arrearage due the
water department prior to the a~orementioned termination date, the-customer's or
user's account wLll be credited, and water service will not be terminated.
(g) The water department will. not terminate water service while any of the aforemen-
tioned procedures are pending.
(h) Provided further that prior to the filing of any lien for unpaid water bLUs~ the
water department shall notify by first class mail the owner cfi the subject reaJ.
property agal~t which the lien wLU be-imposed (as said ownership and addre~ of
said owner(s) appears on the current Palm Beach County taJc rolls) that the City
shall f. ilea lien against said real property in the amount of the. unpaid bill fifteen
(1§) days after the date of said notice if the amount in arrears remains unpaid as of
that date.
Sec. 29-23. Discontinuing service at request of consumer.
T/ater will be cut off at any time requested by the customer and guarantee of deposit
refunded upon settlement of ail back charges incurred bx the customer. However, water service
biLEs shall continue during the time of any temporary cut-offs, and shall be payable as set forth in
Sec. 29-21 and 29-24.
Sec. 2!)-2~. Owner responsible for charges. .
The owner of the property being serviced by city water shall be responsible for
c~arges against that property for water use.
Sec. 2D-25. ReSuming service after discontinuance for delinquency.
In the event the water use charges a§alnst it become delinquent and said services are
discontinued by the city, as herein provided, said services shall not be restored until ail delinquent
charges plus penalties, shutoff and reconnection charges are paid in full; provided, however, the city
shall not refuse to accept an application 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.
Sec. 29-2G. ~emoval of meters when service discontinued; temporary removal subject to
retroactive bills.
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
7 ORD. NO. 23-82
department for nonpayment of charges, or for other reasons, and a service charge of fourteen
dollars ($1¢.00) plus 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 twelve {12) month period, shall not
dLscontinue bLL[in~ for customer and capacity charges, and said charges may be billed retroactively
for such service-in- a lump sum upon reirmtallation oi the meter prior to expiration of the twelve (12)
month period.
Sec. 29-27. Service charge for after hour calls.
^ charge of twenty doUars ($20.00) in addition to the turn on/turn off charges per
service tail shail be-made for all service calls made by the water department between 5:00 p.m. and
8=00 a.m. and on Saturdays, Sundays and holidays.
Sec. 21)-2~. Testing oi meters.
Any person using' a water meter may have the same tested for accuracy by the city by
requesting such test from the city manager and by depositing the sum of forty doLlars ($¢0.00) for ail
meters 3/¢ inch through 2 inch, and the actual cost of such testing (with a minimum of forty dollars
($¢0.00)) as determined by Director of Public Utilities for meters 3 inches and lar§er, with the city
manager to cover the cost for such testing. I/such test revenis that the meter is accurate, the sum
paid shaJl be retained by the cityt if such test reveals that the meter is inaccurate and to the
detriment of the user, the c./ty manager shaJl have a new meter installed for such water use., and the
sum pa/d will be returned to the- person depositing same.
Sec. 2!)-2!). MuLtiple connections through one. meter.
Not more than two (2) dweLUng houses, tenant houses, apartment houses or other budding'
suitable for living quarters or store buildings shall herea/ter be connected through one water meter
to the city water supply.
Sec. Z9-30. Interconnection of public and private systems prohibited.
No-physical connection shall be permit-ted between a distribution system of the city
public water supply and that of any other water supply.
Sec. 2!)-31. Tampering with, dama~ng equipment.
It shall be unlawiul for any person other than an authorized employee of the water
department to turn on water service) or to tamper or meddle with any meter or other appliance or
any part oi the water system in such manner as to cause loss or .damage to the water department; or
to prevent any meter instaJJed for registering water from registering the quantity which otherwise
would pass through the same; or in any way to hinder or interfere with the proper action or just
registration of any such meter; or fraudulently to use, waste or su/fer the waste oi water passing
through any such meter, pipe or fitting, or ocher appliance or appurtenance connected with or
belonging to the water department, after such meter, pipe, fitting, appliance or appu~enal~ce has
been tampered with, iniured or altered.
Sec. 21)-32. Prima facie evidence of violation.
The existence of any connection,, conductor, meter alteration or any device whatsoever,
which a/fects the diversion of water without the same being measured or re§istered by or on a
meter installed by the water department, or which nffects the use of water furnished by the water
department without its being measured or registered on a meter provided therefor, or the flowin§ of
water through such meter a/ret having been shut off for nonpayment of char§es or other reason and
before such service is restored by an authorized employee of the water department, shall be prima
facie evidence of intent to violate and of the violation of this chapter by the person usinB or
receiving the direct benefits from the use of water passing throuih such connection, device or
meter, or oi being used without being measured or registered on a meter as nforesaid, or oi bein§
used without payment of charges therefor.
Section 2. That should any section or provision of this ordinance or any portion thereof,
any para§raph, sentence, or word be declared by a Court of competent )urisdiction to be invalid,
such decision shall not a/fect the validity of the remainder hereof as a whole or part thereof other
than the part declared to be invalid. '~
ORD. ~lO. 23-82
SecTion 3. That this ordinance shalt become effective aU 12:01 a.m. on April l) I982.
PASSED AND ADOPTED in regular session on second and final reading on this the 23rd
day of March ,1982.
MAYOR -"
LEON M. ~EEKES
ATTEST:
Cit~gClerk
Fir$~ Reading March 9, 1982
Second Reading March 23, 1982
9 ORD. NO. 23-82