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Ord G-296(20-58) EMERGENCY ORDINANCE G-296 AN EMERGENCY ORDINANCE RELATING TO WATER SERVICE AND REGULATIONS, AMENDING SECTIONS 27-4, 27-5(a) and (b), and 27-7 OF THE CODE OF ORDINANCES OF THE CITY OF DELRAY BEACH, FLORIDA; PROVIDING NEW SCHEDULE FOR WATER DEPOSITS; REVISING REGULATIONS FOR RENDITION AND PAYMENT OF WATER BILLS; PRO- HIBITING UNAUTHORIZED PERSONS TURNING ON WATER SERVICE; PHOVIDING P~ALTIES AND RULE OF EVI- DENCE; AND REPEALING ORDINANCES IN CONFLICT H~RE- WITH. BE IT 0RDAINE1) BY THE CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA: SECTION 1. Section 27-4 of the Code of Ordinances of the City of Delray Beach, Florida, is amended to read: "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" meter ........ $ 15.00 1" meter ........ 25.00 1-1/2" meter .............. 35.00 2" meter ..... 40.00 3" meter ...... 50.00 4" meter - - 100.00" SECTION 2. Section 27-5(a) of the Code of Ordinances of the City of Delray Beach, Florida, is amended to read: "(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 forth- with. Any bill remaining unpaid for a period of 30 days after rendition shall become delinquent, and if not paid within 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." SECTION 3. Section 27-5(b) of the Code of Ordinances of the City of Delray Beach, Florida, is amended to read: "(b) At the option of the water department, the water meter may be removed by the water department whenever water is cut oI'f, either by request of the consumer or by the water department for nonpayment of charges, or for other reasons, and a charge of One Dollar and fifty cents shall be paid before the meter shall be again installed." SECTION 4. Section 27-7 of the Code of Ordinances of the City of Delray Beach, Florida, is amended to read: "It shall be unlawful for any person other than an authorized employee of the water department to turn on water service; or to tamper or meddle with any meter or other appliance or any part of the water system in such manner as to cause loss or damage to the water department; or to prevent any meter installed for registering water from registering the quantity which otherwise would pass through the same; or in any way to hinder or interfere with the proper action or just registration of ~ny such meter; or fraudulently to use, waste or suffer the waste of water passing throu~ any such meter, pipe or fitting, or other appliance or appurtenance connected with or belonging to the water department, after such meter, pipe, fitting, appliance or appurtenance has been t~mpered with, injured or altered." SECTION 5. Chapter 27 of the Code of Ordinances of the City of Delray Beach, Florida, is amended by adding the following new section: "~ny person who violates the provisions of this Ordinance, as hereby amended, shall upon conviction, be punished as provided in Section 1-6 of the Code of Ordinances of the City of Delray Beach, Florida." SECTION 6. Chapter 27 of the Code of Ordinances of the City of Delray Beach, Florida, is amended b~o:adding the following new section: "The existence of any connection, conductor, meter alter- ation, or any device whatsoever, which effects the diver- sion of water without the same being measured or regis- tered by or on a meter installed by the water department, or which effects the use of water furnished by the water department without its being measured or registered on a meter provided therefor, or the flowing of water through such meter after having been shut-off for non-payment of charges or other reason and before such service is restored by an authorized employee of the water depart- merit, shall be prima facie evidence of intent to violate and of the violation of this chapter by the person using or receiving the direct benefits from the use of water passing through such connection, device, or meter, or of being used without being measured or registered on a meter as aforesaid, or of being used without payment of charges therefor." SECTION 7. This ordinance repeals only those ordinances specifically set forth. SECTION 8. It is the intention of the City Council that each separate provision of this ordinance shall be deemed inde- pendent of all other provisions herein, and it is further the intention of the City Council that if any provision of this ordi- nance be declared invalid, all other provisions thereof shall remain valid and enforceable. SECTION 9. This ordinance shall take effect immediately upon adoption. PASSED AND ADOPTED on first and final reading on this the 25th day of August, 1958. ~/~ M' A ~ 09 '~'~'--[- ATTEST: 1st reading AU8 ~5 ~958 Affidavit of Publication DELRAY BEACH NEWS Published Weekly Delray Beach, Palm Beach County, Florida STATE OF FLORIDA COUNTY OF PALM BEACH Before the undersigned authority personally appeared ....... who on oath says that ....... =~-.'s .......... _-a~j~..~ ................... i .......................................... of the~Delray Beach NEWS, a weekly newspaper published at Delray Beach in Palm Beach County, Florida; that the attached copy of advertisement, being a ....... ...... in the matter oiL_..; .................................................... in the .................................................................... Court, was published in said newspaper ~n the issue (s) Affiant further says that the said Delray Beach NEWS is a newspaper published at Delray Beach, in said Palm Beach County, Florida, and that the said newspaper has heretofore been con- tinuously published in said Palm Beach County, Florida, each Thursday and has been entered as second class mail matter at the post office in Delray Beach, in said Palm Beach County, Flor- ida, for a period of one year next preceding the first publication of the attached copy of adver- tisement; and affiant further says thaL___.~_(L. ..... has neither paid nor promised any person, firm or corporation any discouut, rebate, commission or refund for the purpose of securing this adver- tisement for publication in the said ~ewsoaoer, 4. Sworn~t° and sub~e me this~__~_.,__ day of ..... ~/]/~_~.~_- .............. A. D. 19~ (SEAL) ., ' / ~, Notary Public ,My Commission Expires No¥. 6. I?~,9