Loading...
26-72 ORDINANCE NO. 26-72. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING CHAPTER 27, SECTION 27-2, SECTION 27-3, SECTION 27-5 AND SECTION 27-28, OF THE CODE OF ORDINANCES OF THIS CITY, PERTAINING TO WATER METER INSTALLATION COST, WATER RATES, SERVICE CHARGES AND SEWER RATES AND CHARGES. WHEREAS, due to the growth of the City of Delray Beach, it is necessary to provide for new sewage treatment facilities, force mains and sewer collection system improvements, sewer system and rehabilitation and repairs to the existing collection facilities, the sewering of unsewered areas, water main extensions, water treatment plant expansion, water supply and water main extensions, and WHEREAS, the income derived from existing rates charged for water and sewer service furnished are insufficient to provide funds (1) to pay the cost of maintaining, repairing and operating the water and sewage plant and water and sewage facilities, and to provide reserves therefor, and for replacements and depreciation and necessary extensions and enlargements; (2) to pay the principal and interest on all outstanding revenue bonds and/or certificates payable therefrom, as the same shall become due and provide reserves therefor; and (3) to provide a margin of safety for making such payments and providing such reserves, and WHEREAS, it is deemed advisable and in the best economic interest of the City to construct and acquire additions, extensions and improvements to the water system and the sanitary sewer system of said City, and WHEREAS, the City is under Mandate from the State to improve its sewage treatment, and WHEREAS, it is necessary to issue revenue bonds to finance the said improvements, and WHEREAS, to obtain the necessary income to issue a revenue bond, the water and sewer charges must be increased; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS: Section 1. That Section 27-2, Chapter 27 of the Code of Ordinances of the City be amended to read as follows: "Sec. 27-2. Meters--Minimum size; cost of installation; use of fire hydrants. (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: 3/4 inch meter--users having 10 fixtures or less 1 inch meter--users having from 11 to 24 fixtures, both inclusive 1 1/2 inch meter--users having from 25 to 50, both inclusive For users having more than fifty (50) fixtures, the size meter to be determined by the City Water Department. (Each ex- terior outlet shall be considered a separate fixture.) (b) Meter installation charges shall be as follows: Meter Size Charge 3/4" $ 120.00 1" 170.00 1 1/2" 280.00 2" 380.00 3" 1,040.00 4" 1,490.00 (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 schedule set forth in subparagraph (a) hereinabove plus twenty-five per cent (25%) of each respective classificiation. (d) Tapping charges to contractors and other persons requiring water for temporar~ use only, shall be charged to cover labor in installing and removal and for equipment damaged while on the job; and a reasonable deposit shall be made to cover such labor and damage, in addition to the deposit insuring payment for water consumed, as hereafter set forth. (e) Fire hydrants shall not be used for obtaining water under any circumstances, except by consent of the Fire Chief, and under his regulation and control, or some employee of the Water Department under the direction of the Chief of the Fire Department. In case fire hydrants are used for obtaining water, a twenty dollar ($20.00) deposit shall be required and a charge of five dollars ($5.00) shall be made for each connection. All water shall be metered and a charge of forty cents ($0.40) per thousand (1,000) gallons shall be made for all water consumed. The minimum daily charge for water from such hydrants, shall be two dollars ($2.00)". Section 2. That Section 27-3, Chapter 27 of the Code of Ordinances of the City be amended to read as follows: "Sec. 27-3. Rates. (a) The rates for water furnished by the water facilities or plant of the City of Delray Beach, Florida, to consumers within the corporate limits of said City be and the same are hereby fixed as shown upon the following schedule: (1,000 Gals.) 3/4" Meter 1" Meter 1 1/2" Meter 2" Meter 0-5 Min. $3.60 Min. $4.50 Min. $7.20 Min. $8.40 5-10 .30 .30 Min. $7.20 Min. $8.40 Ail above 10 .30 .30 .30 .30 -2- Ordinance No. 26-72. (b) The rates for water furnished by the water facilities or plant of the City of Delray Beach, Florida, to consumers 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 subparagraph (a) hereinabove plus twenty- five per cent (25%) of each respective classification." Section 3. That Section 27-5, Chapter 27, of the Code of Ordinances of the City be amended to read as follows: "Sec. 27-5. Application for service; non-payment of bill; suspension of service; reinstallation of service; testing meters. (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 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 without notice to the consumer. Water will be cut off at any time requested by the consumer and guarantee of deposit refunded upon settlement of all back charges. (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 of the consumer or by the Water Department for non-payment 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. (c) Any person using a water meter may have the same tested for accuracy by the City requesting such test from the City Manager and by depositing the sum of five dollars ($5.00) for 3/4" and 1" meters or twenty dollars ($20.00) for 1 1/2" meters and larger with the City Manager to cover the cost for such testing. If such test reveals that the meter is accurate, the sum paid shall be retained by the City; if such test reveals that the meter is inaccurate and to the detriment of the user, the City Manager shall have a new meter installed for such water used, and the sum paid will be returned to the person depositing same." Section 4. That Section 27-28, Chapter 27, of the Code of Ordinances of the City be amended to read as follows: "Sec. 27-28. Rates and charges for services and facilities. The following rates and charges shall be collected from the users of the City sewerage system: (a) Residential units. 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, for the first 4 fixtures or less contained therein, $4.50, for the next 8 fixtures contained therein, $0.40 per fixture and for all fixtures contained therein over 12, $0.25 per fixture.) -3- Ordinance No. 26-72. (b) Commercial and nonresidential units. A monthly sanitary sewage service charge is hereby imposed upon each commercial and nonresidential 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 2 fixtures contained therein, $4.50, for the next 8 fixtures contained therein, $.75 per fixture and for all fixtures contained therein over 10, $.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 per cent (25%) of each respective classification. (d) For the purpose of the foregoing schedule each plumbing fixture or drain that is connected to a sewer, including, but not limited to, a toilet, washbasin or lavatory, bath, floor drain, laundry tub, kitchen sink, slop basin or wash sink, washing machine, equipment or device if so constructed as to discharge its water contents into any of the foregoing or directly into a sewer, shall be regarded as a "fixture". (e) The initial rates for charges shall be effective the first day of the month following the date when the system is constructed, certified for use by the consulting engineers, and accepted by the City." Section 5. The rates and charges shall become applicable on the lst day of the month following the effective date of this ordinance. Section 6. All ordinances or parts of ordinances in conflict herewith be and the same are hereby repealed. Section 7. If any section, subsection, sentence, clause, phrase, or portion of this ordinance is for any reason held invalid or unconstitutional by any court of competent jurisdiction, such portion shall be deemed a separate, distinct, and independent provision and such holding shall not effect the validity of the remaining portions hereof. PASSED AND ADOPTED in regular session on the second and final reading on the28th day of August , 1972. City Clerk./ First Reading . August .~4,. %972 Second Reading. August 28, 1972. - 4 - Ordinance No. 26-72 Delray Beach, Florida August 28, 1972. The City Council of the City of Delray Beach, Palm Beach County, Florida, met in regular public session at the regular meeting place of the City Council in the City Hall in the City of Delray Beach at 7:30 o'clock P.M. on August 28, 1972, with Mayor James H. Scheifley and the following members present: GRACE S. MARTIN J. L. SAUNDERS LEON M. WEEKES O. F. YOUNGBLOOD Absent: none. There were also present Hallie E. Yates, City Clerk, J. Eldon Mariott, City Manager, and G. Robert Fellows, City Attorney. After the meeting had been duly called to order by the Mayor and the minutes of the preceding meeting had been read and approved the following ordinance was introduced in written form by J. Eldon Mariott, was read by caption and discussed. Pursuant to motion made by J. L. Saunders and seconded by O. F. Youngblood, the ordinance was adopted on second and final reading by the following vote: AYE: MAYOR JAMES H. SCHEIFLEY GRACE S. MARTIN J. L. SAUNDERS LEON M. WEEKES O. F. YOUNGBLOOD NAY: None. The ordinance is as follows: (Other business not pertinent to the foregoing appears in the minutes of the meeting.) Pursuant to motion duly made and carried the council adjourned. /s/ James H. Scheifley MAYOR ATTEST: /s/ Hallie E. Yates City Clerk STATE OF FLORIDA COUNTY OF PALM BEACH I, HALLIE E. YATES, do hereby certify that I am the duly qualified and acting City Cler~ of the City of Delray Beach, Palm Beach County, Florida. I further certify that the above and foregoing constitutes a true and correct copy of the minutes of a meeting of the 'City Council of said city held on August f8, 1972, and of an ordinance adopted on second and final reading at said meeting, as said minutes and ordinance are officially of record in my possession. IN WITNESS WHEREOF, I have hereunto subscribed my official signature and impressed hereon the official seal of the City of Delray Beach this 30th day of October, 1972. Cit~ Clerk/~ 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 personal~v appeared ..... ~..~...L ..... .~.o. od~ ............... who on oath says that he/s~e is .... ~.l]~.].~le.~ ................................... of The DeIray Beach News-Journal, a weekly newspaper published at Delray Beach in Palm Beach County, Flor- ida; that the attached copy of advertisement, being a I1.../]x.d...C~12.~o~tl...~.~.~..-..7~ ....... in the matter of ..A~endinq....Chaptex....2.7.,....Se.at...2.7..-..2.;....2~_-..3....~./;.~ ........ in the ...................................................................... Court, w~s published in said newspaper in the Attgu .t 17. ~ ~97.2 i~ue~ of ..................... s ..........2.4., ......................................................................... 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 Pal~ Beach County, Florida, each week and has been entered as second class mail matter at the post office in Delray Beach, in said p~lm 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 of securing th/s advertisement for publica~on in th~sahi newspaper. .............. .................... Sworn to and subscribed before me this .... ..2...~...~...h.. ..... da~of ....~...~..Q~I~J~ ........ /A.D. 197..2. PK__I..:~F?~T RATES AND C}L~RGES The City Council of Delray Beach adopted Ordinance G-494 in July 1963 that provides for the present schedule of charges for water and sewer service both inside and outside the city limits of Delray Beach, Florida, as follows: CITY OF DELRAY BEACH WATER RATES MINIMUM CHARGES Meter Size No. of Gallons Inside City Outside City 3/4" 0- 5 M $3.00 $ 3.75 1" 0- 5 M 3.75 4.69 1%" 0-10 M 6.00 7.50 2" 0-10 M 7.00 8.75 Inside City Limits - 25¢ for each 1M gallons over minimum Outside City Limits -31¢ for each 1M gallons over minimum METER INSTALLATION CHARGES M_e. ter~ Size Inside City Outside Citer Deposit Required 3/4" $ 120.00 $ 150.00 $ 15.00 1" 170.00 212.50 25.00 1%" 280. O0 350. O0 35.00 380.00 475.00 40.00 3" 1,040.00 1,300.00 50.00 4" 1,490.00 1,862.50 100.00 Service Calls - $1.50 per call or for temporary disconnect and reconnect to system SEWER RATES ~ESIDENTIAL UNITS Fee Per Month 4 F~xtures or less $ 2.50 Next 8 fixtures .25 each All over 12 .15 each COMMERCIAL AND NON RESIDENTIAL UNITS or less $ Fixtures ~ext 8 fixtures .50 each All over 10 ,25 each -25- TABLE G CITY OF DELRAY BEACH PROPOSED WATER RATES l~eter Size No. of Gallons Inside/ Outside City 3/4" 0- 5 M $3.6~ $4.50 1" 0- 5 M 4.50 5.63 2" 0-10 M 8.40 10.50 Inside City Limits - 30¢ for each 1M gallons over minimum Outside City Limits -37 1/2¢ for each 1M gallons over minimum METER INSTALLATION CHARGES M.eter size Inside City Outside City Deposit ReRuired 1" 170.00 212.50 25.00 1½" 280.00 350.00 35.00 2" 380.00 475.00 40.00 3" 1,040.00 1,300.00 50.00 4" 1,490.00 1,862.50 100.00 Service Calls - $3.50 per call or for temporary disconnect and reconnect to system _RESIDE~ITIAL UNITS Fee Per Month 4 Fixtures or less--- $ 4.50 Next 8 fixtures .40 each Ail over 12' - .25 each COMM]~RCIAL AND NON RESIDENTIAL UNITS 2 F~xtures or less $ 4.50. Next 8 fixtures .75 each All over 10 .40 each 100 N.W. ]ST AVENUE 305/278-204! DELRAY BEACH, FLORIDA 33444 J.ELDON MARIOTT JACK L. SAUNDERS, MAYOR CiTYMANAGE~. GRACE S. MARTIN, VICE-MAYOR JAMES H. $CHEIFLEY, COUNCILMAN LEON M.WEEKES, COUNCILMAN OZIE F. YOUNGBLOOD, COUNCILMAN August 4, 1972 Mr. John Klinck c/o Russell'& Axon Consulting Engineers P. O. Box 1837 · Delray Beach, Florida Dear Mr. Klinck: Enclosed please find a. copy of the proposed Ordinance No. 26-72 for your' review and comment if necessary per the City Attorney's request. City Council will hold its next meeting Monday, August 14, 1972, at which time Ordinance 26-72 will be presented for .first'reading. Yours very truly, CITY OF DELRAY BEACH City Clerk./ HEY/c f s Enc. ,-- ~ ¥~.7~.,~~ ~:~ :i' ~' i,,. ~ ~,M.~ -~ '~;;~ :7 2 ~00 N.W. lST AVENUE 305/278-2841 DELRAY BEACH , FLORIDA 33444 J.EL~N MARIOTT JACK L. SAUNDERS, ~YOR CiTY ~NAOER O~C~ S. MARTIN, VICE-MAYO~ JAMES H. SCHflFLEY, COUNCIL~N LEON M. WEEKES, COUNCILMAN OZlE F. YOUNGBLOOD, COUNCILMAN August 4, 1972 Mr. Stanley E. Ross Reynolds Securities Inc. 202 S. E. First Street Miami, Florida 33131 Dear Mr. Ross: Enclosed please find a copy of the proposed Ordinance No. 26-72 for your review and comment if necessary per the City Attorney's request. The next regular City Council meeting is Monday, August 14, 1972 at which time Ordinance No. 26-72 will be presented for first reading. Yours very truly, CITY OF DELRAY BEACH City Clerk HEY/cfs Enc. ORDINANCE NO. '72_ k - 7 71~, AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING CHAPTER 27, SECTION 27-2, SECTION 27-3, SECTION 27-5 AND SECTION 27-28, OF THE CODE OF ORDINANCES OF THIS CITY, PERTAINING TO WATER METER INSTALLATION COST, WATER RATES, SERVICE CHARGES AND SEWER RATES AND CHARGES. WHEREAS, due to the growth of the City of Delray Beach, it is ; necessary to provide for new sewage treatment facilities, force mains and sewer collection system improvements, sewer system and rehabilitation and repairs to the existing collection facilities, the-sewering' (,~ unsewered areas, water main extensions, water treatment plant expansion, water supply and water main extensions, and WHEREAS, the income dervied from existing rates charged for water and sewer service furnished are insufficient to provide funds (1) to pay the cost of maintaining, repairing and operating the water and sewage plant and water and sewage facilities, and to provide reserves therefor, and for replacements and depreciation and necessary extensions and enlargements; (2) to pay the principal and interest on all outstanding revenue bonds and/or certificates payable therefrom, as the same shall become due and provide reserves therefor; and (3) to provide a margin of safety for making such payments and providing such reserves, and WHEREAS, it is deemed advisable and in the best economic interest of the City to construct and acquire additions, extensions and improvements to the water system and the sanitary sewer system of said City, and WHEREAS, the City is under Mandate from the State to improve its sewage treatment, and WHEREAS, it is necessary to issue revenue bonds to finance the said improvements, and WHEREAS, to obtain the necessary income to issue a revenue bond, the water and sewer charges must be increased; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS: Section 1. That Section 27-2, Chapter 27 of the Code of Ordinances of the City be amended to read as follows: "Sec. 27-2. Meters--Minimum size; cost of installation; use of fire hyd rants. (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. 3/4 inch meter--users having 10 fixtures or less 1 inch meter--users having from 11 to 24 fixtures, both inclusive 1 1/2 inch meter--users having from 25 to 50, both inclusive For users having more than fifty (50) fixtures, the size meter to be determined by the city water department. (Each exterior outlet shall be considered a separate fixture. ) (b) Meter installation charges shall be as follows: Meter Size Charge 3/4" $120.00 1" 170.00 1 1/2" 280.00 2" 380.00 3" 1,040.00 4" 1,490.00 (c) The charges to users wholly outside the corporate limits of said city be, and the same are hereby fixed at sums equal to the rates shown in the schedule set forth in subparagraph (a) hereinabove plus twenty-five per cent (25%) of each respective classification. (d) Tapping charges to contractors and other persons requiring water for temporary use only, shall be charged to cover labor in installing and removal and for equipment damaged while on the job; and a reasonable deposit shall be made to cover such labor, and damage, in addition to the deposit insuring payment for water consumed, as hereafter set forth. (e) Fire hydrants shall not be used for obtaining water under any circumstances, except by consent of the fire chief, and under his regulation and control, or some employee of the water department under the direction of the chief of fire department. In case fire hydrants are used for obtaining water, a fi~l~!!ar 4$A~.QO) deposit shall be required and a charge of 4~ -2- and a charge of t~-2~per thousand (1,000) gallons shall be made for all water consumed. The minimum daily charge for water from such hy- drants, shall be ~~O~SD)." Section 2. That Section 27-3, Chapter 27 of the Code of Ordinances of the City be amended to read as follows: "Sec. 27-~ Rates. (a) The rates for water furnished by the water facilities or plant of the City of Delray Beach, Florida, to consumers within the corporate limits of said city be, and the same are hereby fixed as shown upon the following schedule: (1,000 Gals.) 3/4" Meter 1" Meter 1 1/2" Meter 2" Meter 0-5 Mtn.S3.60 Min. $4.50 Min. $7.20 Min. $8.40 5-10 .30 .30 Min. 7.20 Min. $8.40 All above 10 .30 .30 .30 .30 (b) The rates for water furnished by the water facilities or plant of the City of Delray Beach, Florida, to consumers 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 subparagraph (a) hereinabove plus~ twenty-five per cent (25%) of each respective classification." Section 3. That Section 27-5, Chapter 27 of the Code of Ordinances of the City be amended to read as follows: "Sec. 27-5. Application for service; nonpayment of bill; suspension of service; reinstallation of service; testing meters. (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 days after rendition shall become delinquent, and if not paid within eighteen days after being delinquent, the water shall be cut off and service terminated without notice to the consumer. Water will be cut off at any time requested by the consumer and guarantee of deposit refunded upon settlement of all back charges. -3- II I (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 of the consumer or by the water department for nonpayment of charges, or for other reasons, and a charge of three ~ollars ~nd fifty cents ($3.50) shall be paid befor~ ~~d. (c) Any person using a water meter may have the same tested for accuracy by the city by requesting such test from the city manager and by depositing the sum of t~'~~' ~ ~y"'eents'with the city manager to ~1~ ,....~,,~.~ ~ ~ .... ,' " ..~ ~ .... cover the cost for such testing. ~ such test reveals that the meter is accurate, the sum ~-~.~.n~..~,~O) shall be retained by the city; if such test reveals that the meter is inaccurate and to the detriment of the user, the city manager shall have a new meter installed for such water used, and the sum ~ - ",y ~r~c ($~_~ will be returned to the person depositing same. Section 4. That Section 27-28, Chapter 27 of the Code of ~dinances of the City be amended to read as follows: "Sec. 27-28. Rates and charges for services and facilities. The following rates and charges shall be collected from the users of the city sewerage system: (a) Residential u~ts. A monthly sa~tary 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 mu~cipally owned sewerage system, according to the following s chedu] : Single family residential dwelling, for the first 4 f~tures or less contained therein, $4.50, for the next 8 fixtures contained therein, $.40 per fkture and for all fktures contained therein over 12, $. 25 per f~tur e. (b) Commercial and nonresidential u~ts. A monthly sa~iary sewage service charge is hereby imposed upon each commercial and nonresidential u~tto which sa~tary sewage service is available through the facilities afforded by the mu~cipally owned -4- II I sewerage system, according to the following schedule: For the first 2 fixtures contained therein, $4.50, for the next 8 fixtures contained therein, $. 75 per fixture and for all fixtures contained therein over 10, $.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 (25~3 per cent of each respective classification. (d) For the purpose of the foregoing schedule each plumbing fixture or drain that is connected to a sewer, including, but not limited to, a toilet~ washbasin or lavatory, bath, floor drain, laundry tub, kitchen sink, slop basin or wash sink, washing machine, equipment or device if so constructed as to discharge its water contents into any of the foregoing or directly into a sewer, shall be regarded as a "fixture''~. (e) The initial rates for charges shall be effective the first day of the month following the date when the system is constructed, certified for use by the consulting engineers, and accepted by the City." ~ ~PASSED AND ADOPTED in regular session on the second and final reading on the day of , 1972. MAYOR ATT EST: CITY CLERK First Reading. Second Reading.