25-95 MEMORANDUM
TO: MAYOR AND CITY COMMISSIONERS
FROM: ~CITY MANAGER
SUBJECT: AGENDA ITEM ~ ~0~ - MEETING OF MAY 16, 1995
SECOND READING AND PUBLIC HEARING FOR ORDINANCE NO,
25-95/PRORATION OF INITIAL AND FINAL BILLING FOR WATER
AND SEWER SERVICE
DATE: MAY 11, 1995
This is second reading and public hearing for Ordinance No. 25-95
which amends Chapter 52, "Water", Section 52.50, "Rendering of
Bills; When Payment Due", and Chapter 53, "Sanitary Sewers",
Section 53.130, "User Charges; Wholesale Sewer Rates; Calculation
of Sewer Surcharge", to provide that initial and final billing
will be prorated based on service dates.
Per our present ordinances, if a customer sets up an account and
that particular route is billed from one to 15 days following the
date the account is established, the customer is billed for
one-half (1/2) month of the fixed charges for water and sewer.
Likewise, if a customer terminates and is in a new month's cycle
from ! to 15 days, the customer is billed for one-half month of
the fixed charges.
The HTE software used by Finance/Utility Billing allows for an
exact proration of fixed charges based upon the actual service
start and end date. Staff feels this method is more equitable
for our customers and recommends approval of an ordinance to
enact this change.
At first reading on May 2, 1995, the Commission the ordinance by
unanimous vote.
Recommend approval of Ordinance No. 25-95 on second and final
reading.
ref:agmemol0
MEMO From F~E~EIVED
CITY MANA~~"~IFFICE
CiTY A GERSOF, t~E
To: ...~_ ..~2/-...~..; -~ - a :
CITY ATTORNEY'S OFFICE
FACSIMILE 407/278-4755 W~ter's Direct L~e: (~7) 243-7091
DELRAY BEACH
Al[l~a Cib ~MO~D~
~ ~93 TO: City Co~ission
FROM: Susan A. Ruby, City Attorney
SUBJECT: Ordinance Amending Chapter 52, "Water", and Chapter 54,
"Sewers" to Provide for Proration of Initial and Final Billhlg
The change in the above stated sections of the City's Code of Ordinances was requested
by the Finance and the Utility Billing Departments to provide proration of billings. By
copy of this memorandum to David Harden, our office requests that this ordinance be
placed on an upcoming City Commission agenda for first reading.
cc: David Harden, City Manager
Alison MacGregor Harry, City Clerk
Joe Safford, Director of Finance
Barbara Schooler, Director of Utility Billing
bilE. sar
Printed on Recycled Paper
ORDINANCE NO.
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF
DELRAY BEACH, FLORIDA, AMENDING CHAPTER 52, "WATER",
OF THE CODE OF ORDINANCES OF THE CITY OF DELRAY
BEACH, BY AMENDING SECTION 52.50, "RENDERING OF BILLS;
WHEN PAYMENT DUE", BY AMENDING SUBSECTION 52.50(B),
TO PROVIDE THAT INITIAL AND FINAL BILLING WILL BE
PRORATED; AND BY AMENDING CHAPTER 54, "SEWERS", BY
AMENDING SECTION 54.33, "TIME AND METHOD OF PAYMENT
OF SERVICE CHARGE" BY AMENDING SUBSECTION (B) TO
PROVIDE THAT INITIAL AND FINAL BILLING WILL BE
PRORATED BASED ON SERVICE DATES; PROVIDING A SAVING
CLAUSE, A GENERAL REPEALER CLAUSE, AND AN EFFECTIVE
DATE.
WHEREAS, to provide for accurate accounting of services rendered, the City Commission
desires to more accurately reflect the payment for services provided for the rendition of water and sewer
services on a prorated bases.
NOW THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY
OF DELRAY BEACH, FLORIDA, AS FOLLOWS:
Section 1. That Chapter 52, "Water", Section 52.50, "Rendering of Bills; When Payment
Due'"', is hereby amended by amending subsection 52.50(B), to read as follows:
(B) A billing cycle shall consist of approximately thirty (30) days and is determined to be
fi: ading th e :. ~
om one meter re to e n xt ^ se.-".' ce ~'4^~ ^c ^ ~ +^ ~:~_... ~. ~: ..... ,.~n ~.~ ~,,.,o;a,.,~.~ ~ ^~.~ ~u,. .
..... Initial and final billine shall be
prorated based on service dates.
Section 2. That Chapter 54, "Sewers", Section 54.33, "Time and Method of Payment of
Service Charge", is hereby amended by amending subsection 54,33(B), to read as follows;
(B) Sewer service charges shall apply and be collected monthly on a year around bases
whenever water service is provided and without regard to occupancy. Initial and final billing will be
prorated based on service dates.
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. That all ordinances or parts of ordinances in conflict herewith be, and the same
are hereby repealed,
Section 5. That this ordinance shall become effective immediately upon its passage on
second and final reading.
PASSED AND ADOPTED in regular session on second and final reading on this the ~
day of ., 1995.
MAYOR
ATTEST:
City Clerk
First Reading
Second Reading
wa~r 52.ord
2 ORD NO.
ORDINANCE NO. 25-95
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF
DELRAY BEACH, FLORIDA, AMENDING CHAPTER 52, "WATER",
OF THE CODE OF ORDINANCES OF THE CITY OF DELP~AY
BEACH, BY AMENDING SECTION 52.50, "RENDERING OF
BILLS; WHEN PAYMENT DUE", BY AMENDING SUBSECTION
52.50(B), TO PROVIDE THAT INITIAL AND FINAL BILLING
WILL BE PRORATED BASED ON SERVICE DATES; AMENDING
CHAPTER 53, "SANITARY SEWERS", SECTION 53.130, "USER
CHARGES; WHOLESALE SEWER RATES; CALCULATION OF SEWER
SURCHARGE" BY AMENDING SUBSECTION 53 130(H) TO
PROVIDE THAT INITIAL AND FINAL BILLING WILL BE
PRORATED BASED ON SERVICE DATES; PROVIDING A SAVING
CLAUSE, A GENERAL REPEALER CLAUSE, AND AN EFFECTIVE
DATE.
WHEREAS, to provide for accurate accounting of <~ervices
rendered, the City Commission desires to more accurately reflect the
payment for services provided for the rendition of water and sewer
services on a prorated basis.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE
CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS:
S~c~ion 1. That Chapter 52, "Water", Section 52.50,
"Rendering of Bills; When Payment Due", is hereby amended by amending
Subsection 52.50(B) to read as follows:
(B) A billing cycle shall consist of
approximately thirty (30) days and is determined to
be from one meter reading to the next. ~ /~¢~
~~ /~ /~ /~ /~ /~ /~ /~ /¢~~ /~
9~ /~ /~~ /~¢¢~~1 Initial and final
billing shall be prorated based on service datg~,
Section 2. That Chapter 53, "Sanitary Sewers", Section
53.130, "User Charges; Wholesale Sewer Rates; Calculation of Sewer
Surcharge", is hereby amended by amending Subsection 53.130(H) to read
as follows:
(H) Ail 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
service. However, the charge for sewer service shall
be made a separate item on the statement. Initial
and final billing shall b~ prorated b~ed on service
da~es, Nonpayment of these charges shall render the
user subject to the provisions of Section 52.51
provided for nonpayment of water bills as now or
hereafter established by the ordinances of this City.
The owner of the property being serviced by City
sewer shall be responsible for all charges against
that property for sewer use, unless otherwise
prohibited by law. Charges for delinquent accounts
shall include collection costs and reasonable
attorney fees.
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, That all ordinances or parts of ordinances in
conflict herewith be, and the same are hereby repealed.
Section 5. That this ordinance shall become effective
immediately upon passage on second and final reading.
PASSED AND ADOPTED in regular session on second and final
reading on this the 16th day of May , 1995.
ATTEST: ~
J City C~erk '
First Reading May 2, 1995
Second Reading May 16, 1995
- 2 - Ord. No. 25-95
MEMORANDUM
TO: MAYOR AND CITY COMMISSIONERS
FROM: CITY MANAGER~
SUBJECT: AGENDA ITEM ~ /~'~' - MEETING OF MAY 2. 1995
FIRST READING FOR ORDINANCE NO. ~-95/PRORATION OF
INITIAL AND FINAL BILLING FOR WATER AND SEWER SERVICE
DATE: APRIL 28, 1995
This is first reading for Ordinance No. 20-95 which amends
Chapter 52, "Water", Section 52.50, "Rendering of Bills; When
Payment Due", and Chapter 53, "Sanitary Sewers", Section 53.130,
"User Charges; Wholesale Sewer Rates; Calculation of Sewer
Surcharge", to provide that initial and final billing will be
prorated based on service dates.
Per our present ordinances, if a customer sets up an account and
that particular route is billed from one to 15 days following the
date the account is established, the customer is billed for
one-half (1/2) month of the fixed charges for water and sewer.
Likewise, if a customer terminates and is in a new month's cycle
from 1 to 15 days, the customer is billed for one-half month of
the fixed charges.
The HTE software used by Finance/Utility Billing allows for an
exact proration of fixed charges based upon the actual service
start and end date. Staff feels this method is more equitable
for our customers and recommends approval of an ordinance to
enact this change.
Recommend approval of Ordinance No. 25-95 on first reading. If
passed, a public hearing will be held on May 16, 1995.
ref:agmemol0