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13-72 ORDINANCE NO. 13-72. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING CHAPTER 27, SECTION 27-28, SECTION 27-28.1 AND SECTION 27-31, OF THE CODE OF ORDINANCES OF THIS CITY, PERTAINING TO SEWER RATES AND SEWER CONNECTION CHARGES FOR CONSUMERS OUTSIDE THE CORPORATE LIMITS OF THE CITY OF DELRAY BEACH, FLORIDA, AND MAKING IT UNLA~L TO INTERFERE WITH THE SEWAGE SYSTEM. WHEREAS, the City of Delray Beach, Florida, has been designated by the Palm Beach Area Pollution Board as the Service Agency for Area No. 5; and, WHEREAS, the City of Delray Beach is expanding its sewer service outside the corporate limits of the City; and, WHEREAS, Florida Statute 180.191 authorizes the City to surcharge consumers outside the City limits at twenty-five (25%) per cent of the in-city rate; and, WHEREAS, the City Council deems it to be in the best interests of the City to levy such surcharge; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS: Section 1. That Section 27-28, Chapter 27 of the Code of Ordinances of the City be amended by adding Subsection (c) which shall read as follows: "Sec. 27-28 (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 subpara- graphs (a) and (b) hereinabove, plus twenty-five (25%) per cent of each respective classification." Section 2. That Section 27-28.1, Chapter 27 of the Code of Ordinances of the City be amended as follows: (a) "Sec. 27-28.1. Sewer connection charges. 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 which shall be based on the size of pipe as follows: Size Connection Charge 4 inch $150.00 5 inch $175.00 6 inch $200.00 8 inch $250.00 10 inch $300.00 12 inch and over $350.00 -1- Connection charges 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 above schedule, plus twenty- five (25%) per cent of each respective classification. Such connection charge shall be paid to the City at the time of obtaining a permit for said connection and shall be in addition to the permit fee. The size of said connection shall be determined by the plumbing inspector in accordance with Chapter 21 of this Code." (b) That subsections (a), (b), (c), (d) and (e) of Sec.27-28~.1 shall remain in full force and effect. Section 3. That Section 27-31, Chapter 27 of the Code of Ordinances of the City be amended as follows: "Sec. 27-31. Permit required to open public sewers. It shall be unlawful for any unauthorized person to uncover, make any opening into, use, alter, or disturb any public sewer or appurtenance thereof without first obtaining a written permit from the plumbing inspector, subject to the approval of the city engineer." Section 4. Should any section or provision of this Ordinance or any portion thereof, or 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, other than the part declared to be invalid. Section 5. Authority to Codify. This Ordinance may be codified and incorporated into the City's existing code. PASSED AND ADOPTED in regular session on the second and final reading on the .10th day of Ju. ly , 1972. ATTEST: '- Ci'ty Cle~ First Reading. June 26, 1972 Second Reading July, 10, 1972 -2- ORDINANCE NO. 13-72 DELRAY BEACH NEWS-JOURNAL Published Weekly Delray Beach, Palm Beach County, Florida PROOF OF PUBLICATION STATE OF FLORIDA COUNTY OF PALM BEACH Before the undersigned authority personally appeared .....~...~...l[..y......L..-.......~...o.....o~...~..l'.. ............... who on oath says that he~ is .... ~.~.]~i.~tt~.~. ................................... of The Delray Beach News-Journal, a weekly newspaper published at Delray Beach in Palm Beach County, Flor- ida; that the attached copy of advertisement, being a n...Ox.d....~..al~..~i.o..~.....N..O...,.....~..3...-..7. 2 in the matter of .Amand£rag....Chcxpt. er....2.7.,....aect..2.7...-..i.8....ei:c....~.o.~e ......... in the ...................................................................... Court, was published in said newspaper in the ~,~e~ of ............... .3.~ne...~.9...&..J.:~ly.....~.,....l.9.7a ................................................................... Affiant further says that the said Delray Beach News-Journal is a newspaper published at Delray Beach, in said Palm Beach County, Florida, and that the said newspaper has heretofore been continuously published in said P~lm Beach County, Florida, each week and has been entered as second class mail matter at the po~t office in Delray Beach, in said p~Im Beach County, Florida, for a period of one year next preceding the first publication of the attached copy of advertisement; and affiant further says that he has neither paid nor promised any person, firm or corporation any discount, rebate, commission or refund for the purpose o! securing this advertisement for publication in the ~ nevispaper. .............. ....... Sworn to and subscribed before me this ...!.t....h .......... day o_I~ .....,I..u...1.y......, ..... A.~)(. ~9 72 ORDINANCE NO. / ?a, AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING CHAPTER 27, SECTION 27-28, SECTION 27-28.1 and SECTION 2~- .$'/ CODE OF ORDINANCES OF THIS CITY, PERTAINING TO SEWER RATES AND SEWER CONNECTION CHARGES FOR CONSUMERS OUTSIDE THE CORPORATE LIMITS OF THE C~TY OF/D~LRAY BEAC!t, FLORIDA.~ ~'~ ~.~, ~.,~ ~._~,~/~z~"~ WHEREAS, the City of Delray Beach has been designated by lhe Palm Beach ~ea Polution Board as the Service Agency for Area ~ , and WHEREAS, the City of Delray Beach is expanding its sewer service oulside lhe corporale limils of the City, and WHEg~, F.S; 180.1~1 authorizes the City to surcharge consumers outside the city limits at 25 per cent of the in-city rate, and WHEgE~, the City Council deems it to be in the best interest of the City to levy such surcharge; NOW, THEgEFOgE, BE IT OgDAINED BY THE CITY CO~CIL THE CITY OF DELgAY BEACH, FLOglDA, AS FOLLOWS: ~c~9_~.~.~.,_ That Section 27-28, Chapter 27 of the Code of ~dinances of the City be amended by adding Subsection (c) which shall read as follows: ~q~.~ 27-28 (c) The monthly sa~ta~ion sewerage service charge by users of the City sewerage system wholly outside the corporate limits of said City be and the s~e are hereby fixed at sums equal to the rates shown in the schedule set forth in subparagraphs (a) and (b) hereinaboue, plus twenty-five per cent (25%) of each respective classification. Section 2. That Section 2~-28.1, Chapter 27 of ~he C~e of Ordinances of the City be amended as follows: (a)~:::~:~ 27-28.1, In addition to the rates set forth in section 27-28, there hereby established a sewer connection charge for each connection to the city's sewage collection system which shall be based on the size of pipe as follows: Size Connection Charge 4 inch $150.00 5 inch 175.00 ¢ inch 200.00 8 inch 250.00 10 inch 300.00 12 inch and over 350.00 Connection charges 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 above schedule, plus twenty-five per cent (25%) of each respective classification. Such connection charge shall be paid to the city at the time of obtaining a permit for said connection and shall be in addition to the permit fee. The size of said connection shall be determined by the plumbing inspector in accordance with Chapter 21 of this Code.'1 (b) That subsections (a), (b), (c), (d) and (e) of 27-28.1 shall remain in full force and effect. Section 3. That Section 27-31, Chapter 27 of the Code of Ordinances of the City be amended as follows: 27-31. Permit required to open public sewers. It shall be unlawful for any unauthorized person to uncover, make any opening into, use, alter, or disturb any public sewer or appurtenance thereof without first obtaining a written permit from the plumbing inspector, subject to the approval of the city engineer. Section 4. Should any section or provision of this ordinance or amy portion thereof, or any paragraph, sentence or word be declared by a court of competent jurisdiction to be inbalid, such decision shall not affect the validity of the remainder hereof, other than the part declared to be invalid. Section 5. Authority to Codify. This Ordinance may be codified and incorporated into the City's existing code.