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31-76 ORDINANCE NO. 31-76 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING CHAPTER 27 "WATER AND SANITARY SEWERAGE" OF THE CITY'S CODE OF ORDINANCES BY AMENDING SECTION 27-2(a) TO REDUCE THE NUMBER OF FIXTURES; REPEAL- ING SECTION 27-2(b) AND INSERTING A NEW SUBSECTION (b) TO ADD CHARGES FOR WATER METERS INSIDE AND OUTSIDE CITY; REPEALING SECTION 27-3(a) AND (b) AND INSERTING A NEW SUBSECTION (a)(b) AND (c) RATES FOR WATER INSIDE AND OUTSIDE CITY; AMENDING SECTION 27-4 TO INCREASE WATER DEPOSITS; AMENDING SECTION 27-5(a) BY ADDING LANGUAGE TO MAKE OWNER OF PROPERTY RESPONSIBLE FOR ALL CHARGES AGAINST THE PROPERTY FOP. WATER USE; AMENDING SECTION 27-5(b) TO ESTABLISH A CHARGE FOR SERVICE CALLS; AMENDING SECTION 27-26 TO INCP~EASE CONNECTING COST; AMENDING SECTION 27-28(a) BY ADDING DEFINITION OF RESIDENTIAL DWELLING UNIT; REPEALING FIRST PARAGRAPH OF SECTION 27-28.1 AND INSERTING NEW LANGUAGE TO ESTABLISH SEWER CONNECTION CHARGES; AMENDING SECTION 27-29 BY ADD- ING LANGUAGE TO MAKE OWNER OF PROPERTY RESPONSIBLE FOR ALL CHARGES AGAINST THE PROPERTY FOR SEWER USE; REPEALING SECTION 27-30(ck; REPEALING ALL ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT HEREWITH; PROVIDING A SAVING CLAUSE; PROVIDING AN EFFECTIVE DATE. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS: SECTION 1. That Section 27-2(a) be amended to read as follows: (a) The minimum size meter to be used at the residence or place of business of the water customers of the City shall be as follows: f/'4 .... ~ ~. 3/4 inch meter - users having ~ 7 fixtures or less 1 inch meter - users having-from ~-~e-~4 8 to 20i~fixtures, both inclusive 1½ inch meter - users having from ~§-~e-~0 21 to 40 fixtures, both inclusive For users having more than ~y-~ fortY, (40) fixtures, the size meter to be determined by the City water department. (Each exterior outlet shall be considered a separate fixture.) SECTION 2. That Section 27-2 (b) is hereby repealed and a new subsection (b) is inserted to read as follows: (b) Meter installation charges shall be as follows: Meter Size Inside city Outside City Charge. Charge 3/4 inch $ 120.00 $ 150.00 1 inch 170.00 212.50 1½ inch 280.00 350.00 2 inch 380.00 475.00 3 inch 1,040.00 1,300.00 4 inch 1,490.00 1,862.50 In addition to the regular meter installation charge, there shall be a water connection charge of $150.00 per residential dwelling unit. 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 con- sidered as a separate residential dwelling unit. In apartment buildings, condominiums, cooperatives, duplexes and the like, each living unit shall be considered a separate residential dwelling unit. SECTION 3. That Section 27-3(a) and (b) is hereby repealed and new subsections (a) (b) and (c) are hereby inserted to read as follows: (a) The rates for water furnished by the water facilities or plant of the City of Delray Beach, Florida, to customers within and outside of the corporate limits of said City, be and the same are hereby fixed as sho~ in the following schedule: Number of Gallons Inside Outside Per Meter City City 0 - 5M Min. $3.60 Min. $4.50 Each 1M over 5M .30 .375 (b) The above rates shall apply to all residential, com- mercial and other uses. (c) The minimum water rates set forth in paragraph (a) above shall be applied on a per residential dwelling unit~asis. SECTION 4. That Section 27-4 be amended to read as follows: A guarantee of payment deposit for all bills, shall be made by each consumer or owner, varying according to the size of the meter in use, as follows: 3/4 inch meter $~i~§=80 25.00 1 inch meter ~08 40.00 1~ inch meter ~=88 50.00 2 inch meter 4~0~ 60.00 3 inch meter ~8=~8 75.00 4 inch meter --- ~80~8~ 150.00 SECTION 5. That Section 27-5(a) be amended by adding the following language: (a) Upon application for water service, and payment of deposit as required by this chapter, water will be turned on as soon as practical. Bills shall be rendered each customer each month, and shall be due and payable forthwith. Any bill remaining unpaid for a period of thirty (30) days after rendition shall become delinquent, and if not paid within eighteen ~(18) days after being delinquent, the water shall be cut off and service terminated w~he~-~ee-~e-%he-es~s~me~. Water will be cut off at any time requested by the consumer and guarantee of deposit refunded upon settlement of all'back charges. The owner of the property beinq serviced by City water is to be held responsible for all charqes aqainst that propert~ for water use. In the i! event the water use char~es a.gainst it become delinquent and said services are discontinued by the City said services shall not be restored until all delinquent ~charqes ~lus penalties, - 2 - Ord. No. 31-76 shut-off, and reconnection charges are paid in full. SECTION 6. 'That Section 27-5(b) be amended by adding the following language: (b) 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 ~f the consumer or by the water depart- ment for nonpayment of charges, or for other reasons, and a charge of three dollars and fifty cents ($3.50~ shall be paid before water service is resumed. A Charge of $15.00 per service call shall be made for all service calls made between 5:00 P.M. and 8:00 A.M. and on Saturdays, Sundays, and Holidays. SECTION 7. That Section 27-26 be amended to read as allows: Sec. 27-26. Additional Sewer Connections: Cost to be borne by person connecting. Amy-sewe~-ee~eee~ea-~eq~e~-by-eh~s-ehapee~-sha~-be-ma~e will pay the cost of constructing one sewer tap to the property line of the person making the connectionr--A~e~eaa& any additional connections will be at the expense of the owner~ subject to the approval of the city Engineer, s~a~-be-a-ee~eee&~g at a cost of one hundred fifty dollars ($150.00) paid to the City. On all properties where any building drain is too low to permit gravity flow to the public sewer, sanitary sewage carriSd by such drain shall be lifted by approved artificial means and disc.barged to the public sewer at no cost to the City. SECTION 8. That Section 27-28(a). be.amended~by adding a definition of a residential dwelling unit as follows: (a) Residential dwelling units. A residential dwelling unit is herein defined to be any..f~mil¥ liy~ng unit, and, where two .(2) or more fami.lies, are.. living on the same premises, each shall be considered as a separate residential dwelling unit. In apartment buildings, condominiums, cooperatives, duplexes and the li~e, each livinq~unit shall be considered a separate residential dwellinq 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 avail- able through the facilities afforded by the municipally owned sewerage system, according to the following schedule: Single family residential dwelling, for the first four (4) fixtures or less contained therein, four dollars fifty cents ($4.50); for the next eight (8) fixtures contained therein, forty cents(S0.40) per fixture and for all fixtures con- tained therein over twelve (12), twenty-five cents ($0.25) per fixture. - 3 - Ord. No. 31-76 SECTION 9. That Section 27-28.1 be amended by repealing the first paragraph of said Section preceding the last paragraph on Page 298.6 of the Codified Ordinances_of~the City of Delray Beach and in- serting the following in lieu thereof: In addition to the rates set forth in Section 27-28 there is hereby established a sewer connection charge for each connection to the City's sewage collection system. The sewer connection charge is $250.00 per residential dwelling unit for all residential connections. The sewer connection charge for connections other than residential dwelling units is $400.00. 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 residential dv~e!!ing unit. In apartment buildings, condominiums, cooperatives, duplexes and the like, each living unit shall be considered a separate residential dwelling unit. A sewerage connection serving a motel or hotel shall be considered a nonresidential connection. SECTION 10. That Section 27-29 be amended by adding the following language: All statements for sewer service shall be submitted monthly on the same statement as the charges for water service and shall be due and payable at the same time as the statement for water services; provided, however, the charge for sewer service shall be made a separate item thereon; and further provided that nonpayment of such charge shall render the user subject to the provisions and penalties provided for nonpayment of water bills as now or hereafter established by the ordinances of this City. The owner of the property beinq serv.iced by c.ity sewer is to be held responsible for all charqeD aqainst that property for. sewer use. SECTION 11. That Section 27-30 be amended by repealing paragraph (c) thereof. SECTION 12. That all ordinances or parts of ordinances in con- flict herewith be and the same are hereby repealed. SECTION 13. That should any section or provision of this ordinance br 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 va-lidity of the remainder hereof as a whole or part thereof other than the part declared to be invalid. SECTION 14. That this ordinance shall become effective November 1, 1976. PASSED AND ADOPTED in regular session on second and final reading on this the llth., day of . Qctober , 1976. ATTEST: ~/ City Clerk First Reading September 13, 1976 Second Reading October 11, 1976 - 4 - Ord. No. 31-76