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53-76 ORDINANCE NO. 53-76 AN ORDINANCE OF T~E CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING CHAPTER 27 "WATER ~D SANITARY SEWERAGE" OF THE CITY'S CODE OF ORDINANCES BY REPEALING SECTION 27-2(b) AND INSERTING A NEW SUBSECTION (b) TO ADD CHARGES FOR METER INSTALLATION, FIRE HYDRANTS AND WATER CON- NECTIONS AND EXCEPTIONS TO WATER CON~ECTION CHARGE; ~ENDING SECTION 27-2(c) RELATIVE TO SURCHARGE; REPEALING SECTION 27-3(a)(b) AND (c) AND INSERTING A NEW SUBSECTION (a)(b) AND (c) RATES FOR WATER INSIDE AND OUTSIDE CITY; ~iENDING SECTION 27-28(a) TO ADD THE WORD "UNIT"; FURTHER ~4ENDING SECTION 27-28(a) TO PROVIDE A SEWER SERVICE CHARGE FOR ALL TRAILER PARKS SERVED BY CITY WATER; AMENDING SECTION 27-28.1 TO ADD EXCEPTION TO'.SEWER CONNEC~T~ON CHARGE; REPEALING ALL ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT HEREWITH; PROVIDING A SAVING CLAUSE; PRO- VIDING 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 That Section 27-2(b) is hereby repealed and a new subsection (b) is hereby inserted to read as follows: (b) Meter installation charges shall be as follows: Meter Size Inside City Outside City ...C~ar~e Charge 3/4 inch $ 120.00 $ 150.00 1 inch 170.00 212.50 1% 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 Fire Hydrants 850.00 1,062.50 There shall also 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 considered as a separate resi- dential dwelling unit. In apartment buildings, coopera- tives, duplexes and the like, each living unit shall be considered a separate residential dwelling unit. There shall also be a non-residential water connection charge which shall be based on $200.00 per one inch size of water meter installed. Exception to water connection charge: Any structures that would ordinarily be subject to the connection charges set forth above shall be exempt if: (1) They are located within a development that has final plat approval as of the effective date of this ordinance (which was granted on or after January 1, 1972) for 50% or more of the develop- ment. (2) That as of the effective date of this ordinance, the development shall be under active construction. Active construction, as used herein, shall mean one or more structures in the process of being constructed on the effective date of this ordinance and/or one or more structures for which a certificate or certificates of occupancy have been issued not more than six months preceding the effective date of this ordinance. (3) That, as to a particular structure, all permits including but not limited to building permits, water and sewer permits, have been issued not later than January 24, 1978, and that the meter install~tion and water connection for such structures occur not later than July 24, 1978. (4) The exception created herein shall not apply to any permits issued prior to the effective date of this amendment; only those structures for which permits are issued subsequent to the effective date of this amendment, and which otherwise meet the above criteria shall be exempt from the connection charges. Section 2. That Section 27-2(c) is hereby amended to read as follows: (c) The charges to users wholly outside the corporate limits of said City be, and the same are hereby fixed at sums equal to the rates shown in the se~e~e column set forth in subparagraph hereinabove ~espee~&~e-e~ess~ea~e~ designated "outside City charqe".. Section 3. That Section 27-3 (a) (b) and '(c) is hereby repealed and new subsections (a)(b) and (c) are hereby inserted to read as follows: (a) The monthly (except for fire hydrants)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 shown in the following schedule: Consumption (1000 qals.) Per Meter Inside City Outside City 0 - 5 Min. $3.60 Min. $4.50 Each 1 over 5 .30 .375 Fire Hydrants 42.50 per 53.13 per annum annum (b) The above water rates shall apply to all uses. (c) The minimum water rates for residential use shall be applied on a per residential dwelling unit basis, except for trailer parks which shall be charged one minimum charge and thereafter on the basis of actual use. Section 4. That the second paragraph of Subsection 27-28 (a) be amended to read as follows: Single family residential dwelling unit 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 ($0.40) per fixture and for all fixtures contained therein over twelve (12), twenty-five cents ($0.25) per fixture. Section 5. That Subsection 27-28 (a), as amended, be further amended by adding the following paragraph to read as follows: Sewer service for all trailer parks served by City water will be based upon total water used on a monthly basis as follows: Each 5000 gallons of water registered on the water meter or portion thereof, shall con- stitute one residential dwelling unit. For each 5000 gallons or portion thereof, the minimum monthly charge of $4.50 shall be levied. Section 6. That Section 27-28.1 be amended to add as a third paragraph the following: Exception to sewer connection charge: Any structures that would ordinarily be subject to the connection charges set forth above shall be exempt if: (1) They are located within a development thac has final plat approval as of the effective date of this ordinance (which was granted, on or after January 1, 1972) for 5~/~ or more of the develop- ment. (2) That as of the effective date of this ordinance, the development shall be under active construction. Active construction, as used herein, shall mean one or more structures in the process of being constructed on the effective date of this ordinance and/or one or more structures for which a certificate or certificates of occupancy have been issued not more than six months preceding the effective date of this ordinance. (3) That, as to a particular structure, all permits including but not limited to building permits, water and sewer permits, have been issued not later than January 24, 1978, and that the sewer con- nection for such structures occur not later than July 24, 1978. (4) The exception created herein shall not apply to any permits issued prior to the effective date of this amendment; only those structures for which permits are issued subsequent to the effective date of this amendment, and which otherwise meet the above criteria shall be exempt from the connection charges. Section 7. That all ordinances or parts of ordinances in cOnflict - 3 - Ord. No. 53-76. herewith be and the same are hereby repealed. Section 8. 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 9. That this ordinance shall become effective ten days- after.passage on second and final reading. PASSED AND ADOPTED in regular session on second and final re~ding on this the 24th day of January , 1977. ATTEST: City Clerk First Reading January 10~ 1977. Second Reading January 24, 19.77. - 4 - Ord. No. 53-76.