79-78 EMERGENCY ORDINANCE NO. 79-78
AN EMERGENCY ORDINANCE OF THE CITY COUNCIL OF THE CITY
OF DELRAY BEACH, FLORIDA, AMENDING CHAPTER 27, ARTICLE
III, "SANITARY SEWERAGE" OF THE CODE OF ORDINANCES BY
REPEALING ORDINANCE NO. 38-78, WHICH WAS TO BECOME
EFFECTIVE JANUARY 1, 1979, AND REENACTING SECTION 27-28
(a), (b) AND (c) AS THE SAME EXISTED PRIOR TO THE ADOPTION
OF SAID ORDINANCE NO. 38-78.
WHEREAS, the Environmental Protection Agency has indicated that
the rate structure set forth in Ordinance No. 38-78, to become effective
January 1, 1979, is not acceptable; and,
WHEREAS~ the Cindy cannot receive add~ltional grant funds unless
the rate structure is acceptable to and in conformity with guidelines
established by the Environmental Protection Agency; and,
WHEREAS, it is now necessary to repeal ORDINANCE NO. 38-78 and
reenact Section 27-28(a), (b) and (c) of Chapter 27, Article III of the
Code of Ordinances as the same existed prior to the adoption of said
ORDINANCE NO. 38-78, until further study can be made of the current rate
structure for the purpose of making revisions which will be in conformity
with the guidelines established by the Environmental Protection Agency,
and acceptable to that Agency;
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
OF DELRAY BEACH, FLORIDA, AS FOLLOWS:
Section 1. That Section 27-28(a) and (b), "Rates and Charges
for Services and Facilities" is hereby repealed and a new Section 27-28
(a), (b) and (c) is hereby enacted to read as follows:
The following rates and charges shall be collected from the
users of the city sewerage system:
(a) Residential Dwelling Units. A residential dwelling~unit
is herein defined to be any family living unit, and,
where two (2) 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 and the like, each living unit
shall be considered a separate residential dwelling
unit. A monthly sanitary sewage service charge is
hereby imposed upon each residential dwelling unit,
as more specifically set forth hereinafter, to which
sanitary sewage service is available through the facilities
afforded by the municipally owned sewerage system, according
to the following schedule:
Single-family residential dwelling unit for the
first four (4) fixtures or less contained therein
four dollars and fifty cents ($4.50); for the next
eight (8) fixtures contained therein, forty cents
($0.40) per fixture and for all fixtures contained
therein over twelve (12), twenty-five cents ($0.25)
per fixture.
Sewer service for all trailer parks served by city water
will be based upon total water used on a monthly basis
as follows:
Each five thousand (5,000) gallons of water reg-
istered on the water meter, or portion thereof,
shall constitute one residential dwelling unit.
For each five thousand (5,000) gallons, or portion
thereof, the minimum monthly charge of four dollars
and .fifty cents ($4.50) shall be levied.
(b) Commercial and Nonresidential Units. A monthly sanitary
sewage service charge is hereby imposed upon each commer-
cial and r gnresidential unit to which sanitary sewage
service is available through the facilities afforded by
the municipally owned sewerage system, according to the
following schedule:
For the first two (2) fixtures contained therein,
four dollars and fifty cents ($4.50)~ for the next
eight (8) fixtures contained therein, seventy-five
cents ($0.75) per fixture and for all fixtures con-
tained therein over ten (10), forty cents ($0.40)
per fixture.
(c) The monthly sanitation sewerage service charge by users
of the city sewerage system wholly outside the corporate
limits of said city be and the same are hereby fixed at
sums equal to the rates shown in the schedule set forth
in subparagraphs (a) and (b) hereinabove, plus twenty-five
(25) per cent of each respective classification.
Section 2. That present sections (c) and (d) are hereby re-
lettered as (d) and (e) respectively.
Section 3. 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 4. Tha~ all ordinances or parts of ordinances in conflict
with the provisions of this Ordinance are hereby repealed.
Section 5. That this Emergency Ordinance shall become effective
immediately upon passage on first and final reading.
PASSED AND ADOPTED in regular session on first and final reading
on this the llth day of December , 1978.
MA YO R~
ATTEST: LEON M. WEEKES
City Clerk
- 2 - EMER. ORD. NO. 79-78