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Ord 39-07r ~. ORDINANCE N0.39-07 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 52.34, "WATER RATES", SUBSECTION 52.34(B), TO PROVIDE FOR CHANGES IN RATES FOR FY 2008; PROVIDING A GENERAL REPEALER CLAUSE, A SAVING CLAUSE, AND AN EFFECTIVE DATE. WHEREAS, to provide for accurate accounting of services, the City Commission desires to more accurately reflect the payment for services provided for the rendition of water services on a prorated basis. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS: Section 1. That Title V, "Public Works", Chapter 52, "Water", Section 52.34, "Water Rates", subsection 52.34(B), of the Code of Ordinances of the City of Delray Beach, Florida, is hereby amended to read as follows: (B) Monthly rates. The monthly rates (except for fire hydrants as set forth in Sec. 52.03) for water furnished by the water facilities or plant of the City to customers within and outside the corporate limits of the City, which unless otherwise indicated shall include the appropriate customer charges, capacity charges, and commodity charges for all customers, are fixed as shown in the following schedule: Type of Customer Residential Customer charge (per meter) Inside City Outside City 4~4 2~ Capacity charge (charged to all ~§1 12.17 44~F8 15.21 customers, per residential dwelling unit) 1 \ / ~i Residential Inside City Outside City Commodity charge (all metered consumption-per 1,000 gallons) Zero to 3,000 gallons X34 ~Z 4,000 to 20,000 gallons ~ ,~$~ ~9 2. 1 21,000 to 35,000 gallons 4:94 (4 2~ ~ 36,000 to 50,000 gallons ~ ~ ~3 2.7 Above 50,000 gallons X49 ~ X99 3 Nonresidential and Irrigation Customer charge (per meter) x-94 ?~$4 x:42 ~ Capacity charge (based upon meter size): 3/4-inch meter x:54 12.17 X 445 15.21 1-inch meter X33 20.30 2 46 25.37 1-1/2-inch meter 38:~ 40.50 4 8~ 50.62 2-inch meter ~5 64.84 ~9 81.05 3-inch meter 1 2~ 141.93 46 8:~i 177.41 4-inch meter ~~ 255.43 39 4:98 319.29 6-inch meter 349~r~ 567.64 ~ §.~6 709.55 8-inch meter 92:64 972.97 -4 58.39 ~1(,~ 10-inch meter 5 1 1 ~ 4:AEi 91 25.77 ~ Commodity charge (all metered consumption-per 1,000 gallons) ~ ~ ~ e do 2. That all ordinances or parts of ordinances in conflict herewith be, and the same are hereby repealed. S n 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 this ordinance shall become effective on October 1, 2007. 2 ORD. N0.39-07 \ ~ 1 PASSED AND ADOPTED in regular session on second and final reading on this 18`~ day of September, 2007. '~Q~ ~ . MAYOR ATTEST: ~~~ City Clerk First Reading ~ ~~ Second Reading ~ v 3 ORD. N0.39-07 MEMORANDUM TO: MAYOR AND CITY COMMISSIONERS FROM: CTI'Y MANAGER ~~ DATE: SEPTEMBER 14, 2007 SUBJECT: ORDINANCE N0.39-07 (AMENDING CHAPTER 52 WATER") ITEM BEFORE COMMISSION This ordinance is before Commission for second reading to amend Chapter 52 "Water" of the Code of Ordinances by modifying Section 52.34, "Water Rates" to provide for changes in residential, nonresidential and irrigation rates for FY 2008. These new rates go into effect on October 1, 2007. BACKGROUND This ordinance proposes a 5% increase to capacity and commodity charges for customers in the City, and increases of approximately 5% for customers outside of the city. The per meter customer charge is proposed to increase by approximately 44%; this charge is based on the actual cost of meter reading, billing and collecting. At first reading on September 4, 2007, the Commission passed Ordinance No. 39-07. FUNDING SOURCE N/A RECOMMENDATION Recommend approval of Ordinance No. 39-07 on second and final reading. S:\City Cleric\AGENDA COVER MEMOS\Ordinance Agenda Memos\Ord 39-07 WATER 091807.doc ORDINANCE N0.39-07 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 DELR.AY BEACH, BY AMENDING SECTION 52.34, "WATER RATES", SUBSECTION 52.34(B), TO PROVIDE FOR CHANGES IN RATES FOR FY 2008; PROVIDING A GENERAL REPEALER CLAUSE, A SAVING CLAUSE, AND AN EFFECTIVE DATE. WHEREAS, to provide for accurate accounting of services, the City Commission desires to more accurately reflect the payment for services provided for the rendition of water services on a prorated basis. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS: Section 1. That Tide V, "Public Works", Chapter 52, "Water", Section 52.34, "Water Rates", subsection 52.34(B), of the Code of Ordinances of the City of Delray Beach, Florida, is hereby amended to read as follows: (B) Monthly rates. The monthly rates (except for fire hydrants as set forth in Sec. 52.03) for water furnished by the water facilities or plant of the City to customers within and outside the corporate limits of the Ciry, which unless otherwise indicated shall include the appropriate customer charges, capacity charges, and commodity charges for all customers, are fixed as shown in the following schedule: Type of Customer Residential Customer charge (per meter) Inside City Outside City 4634 x.80 2~ 3.50 Capacity charge (charged to all ~b9 12.17 448 15.21 customers, per residential dwelling unit) Residential Inside City Outside City Commodity charge (all metered consumption-per 1,000 gallons) Zero to 3,000 gallons ~-§4 1~(7 4~ 2.09 4,000 to 20,000 gallons ~H ~ ~ 2. 1 21,000 to 35,000 gallons x:44 ?~ ~ 2.55 36,000 to 50,000 gallons ~ ~ ~3 2.76 Above 50,000 gallons ~4A ~ ~ 3.15 Nonresidential and Irrigation Customer charge (per meter) ~4 ~ ~ 3.50 Capacity charge (based upon meter size): 3/flinch meter ~3~3 12.17 X 4:48 15.21 1-inch meter 4~3 20.30 2 4~~ 25.37 1-1 /2-inch meter 35:~~ 40.50 4 5:~ 50.62 2-inch meter ~5 64.84 ~9 81.05 3-inch meter ~~ 141.93 4H ~8:~Fi 177. 1 4-inch meter ~] ALTTGT 255.43 31 .29 6-inch meter ~ 567.64 709.55 8-inch meter 4 972.97 -1-~ §8:3A 1 1 . 10-inch meter 5 1 1 ~$3 4:AEi 1925.77 Commodity charge (all metered consumption-per 1,000 gallons) ~~ _$,5 ~A ?.~ section 2. That all ordinances or parts of ordinances in conflict herewith be, and the same are hereby repealed. 'on 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: That this ordinance shall become effective on October 1, 2007. 2 ORD. N0.39-07 PASSED AND ADOPTED in regular session on second and final reading on this the day of .2007. MAYOR ATTEST: City Clerk First Reading Second Reading ORD. N0.39-07 Ci L ; c- ~-v)'c t a a_ Boca Raton/Delray Beach News - Friday-Saturday, September 7-8, 2007 • www.bocanews.com u I T Ot oELRAY BEACH,FLI>plpA NOTICE OF PUBLIC HEARING A Pl1BUC HEARING wdl be held on the blbu'^n9 WoPosed ortlinances at 7:00 p.m. on TUESDAY, S~PTEM- BER 18, 2007 or at-any cont'varation of such meeting which is set by the Cammissiar),_ in the City Commission Ctwgbers, 100 N.W. ist Avenue, Del- ray Beach, Forida, at which lima the City Commissar will consider their adoption. The proposed ordinances may be respected at the Office of .the City Clerk at City HaA, 100 N.W. 1st Avenue, Delray Beach, Florida, be- tween the hours of 8:00 a.m. and 5:00 p.m., Monday lhrougM1 Friday, except holidays. AY interested parties are re- viled to attend and be head wi07 re- spect to the proposed ordinances. ORDINANCEN0.36-07 AN ORDINANCE OF THE CITY COM- MISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING THE LANG DEVELOPMENT REGULA- TIONS OF THE CITY OF DELRAY BEACH, BY AMENDNG SECTION 2.2.3, 'THE SITE PLAN REVIEW ANO APPEARANCE BOARD', SUBSEC• TION (D), `DUTIES, POWERS AND RESPONSIBILITIES", AND SECTION 2.2.4, `THE BOARD OF ADJUST- MENT', SUBSECTION (D), 'DUTIES, POWERS AND RESPONSIBILITIES', TO PROVIDE FOR A METHOD FOR APPEALS; AMENDING SECTION. 2.4.8, "PROCESSING SCHEDULES', IN ORDER TO PROVIDE 30 DAYS FOR REVIEW OF BEACH PROPER- TY PLANS IN ACCORDANCE WITH THE BEACH PROPERTY OWNER'S DESIGN MANUAL; AMENDING SEC TION 4.4.3, `SINGLE FAMILY REST- OENTIAL (R-1) DISTRICTS', SUB- SECTIONS (A), `PURPOSE AND IN- TENT", (E), "REVIEW AND APPROV- AL PROCESS', (F), 'DEVELOPMENT' STANDARDS", AND (G), 'SUPPLEMENTAL DISTRICT REGU- LATIONS", AND AMENDING SEC- TION 4.5.13, "NORTH BEACWSEA- GATE AND OCEAN NEIGHBOR- HOOD OVERLAY DISTRICTS', TO PROVIDE THAT VISUAL COMPAT- 181LITY MAV BE REGULATED IN AC- CORDANCE WITH THE NORTH BEACH AND SEAGATE NEIGHBOR-' HOODS DESIGN MANUAL; PROVID-' ING A SAVING CLAUSE, A GENER- AL REPEALER CLAUSE, AND AN EFFECTIVE DATE j ORDINANCE N0.37-07 AN ORDINANCE OF THE CITY COM- MISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING THE LANG DEVELOPMENT REGULA-I 710NS OF THE CITY OF DELRAY BEACH, AMENDING APPENDIX 'A" 8Y ENACTING DEFINITIONS FOR "ADULT MATERIAL°, 'SPECIFIED ANATOMICAL AREAS' AND 'SPECIFIED SEXUAL ACTIVITIES"; PROVIDING A SAVING CLAUSE, A GENERAL REPEALER CLAUSE,I AND AN EFFECTIVE GATE. ORDINANCE N0.39-07 AN ORDINANCE OF THE CITY (~M- MISSION OF THE CITY OF DELRAY REACH, FLORIDA, AMENDING CHAPTER 52, "WATER', OF THE CODE OF ORDINANCES OF THE CITY OF DELRAY BEACH, BV AMENDING SECTION 52.34, `WATER RATES', SUBSECTION 52.34(8), i0 PROVIDE FOfl CHANG- ES IN RATES FOR FY 200B;.PRO- VIDING AGENERAL REPEALER CLAUSE, A SAVING CLAUSE, ANO AN EFFECTIVE DATE ORDINANCE N0.40-07 I VIDE FOR INCREASED RESIDEN- TIAL AND NONRESIDENTIAUCOM- MERCIAL RATES FOR FY 2008; PROVIDING A GENERAL REPEALER CLAUSE, A SAVING CLAUSE, AND AN EFFECTIVE DATE ORDINANCE N0.41-07 I 1 BEACI+, BY AMENDING SECTION 57.7Q.'REGULAR CHARGES LEV- '~. IED', TO PROVIDE FOR INCREASED RESIDENTIAL AND COMMERCIAL COLLECTION SERVICE RATES FOR ' FY 2008; PROVIDING A GENERAL REPEALER CLAUSE, A SAVING -0LAUSE, AND ~AN EFFECTIVE DATE. ORDNANCE N0. 42-07 AN ORDINANCE OF THE CITY CAM- MISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING CHAPTER 50, 'UTILITIES GENER- ALLY; PUBLIC SERVICE TAX', SEG TION 50.15, "LEVY OF TRX', TO PROVIDE FOR AN INCREASE IN THE TAX CHARGED; PROVIDING A SAVING CLAUSE, A GENERAL RE- iPEALER CLAUSE, AND AN EFFEG ` TIVE DATE. j ORDINANCE N0.43-07 AN ORDINANCE OF THE CITY COM- MISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING THE CODE OF ORDINANCES, 8Y AMENDING CHAPTER 59, 'RECLAIMED WATER", SECTION 59.08, "USE OF RECLAIMED WATER WITHIN THE CITY OF DELRAY BEACH UTILITY SERVICE AREA", TO PROVIDE THAT ALL CUSTOM- ERS SHALL CONNECT TO THE RE- CLAIMED WATER SYSTEM;AMEND- ING SECTION 59.09, "FEES, RATES AND CHARGES", TO INCREASE THE WHOLESALE RATE AND AMENDING SECTION 59.73, 'APPROVED USES IOF RECLAIMED WATER"TO PRO- '. VIDE FOR HOURS OF USE FOR IR- RIGATION; PROVIDING A SAVING CLAUSE,A GENERAL REPEALER CLAUSE, AND AN EFFECTIVE DATE ORDINANCE N0.44-07 AN ORDINANCE OF THE CITY COM- MISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING THE 'LANG DEVELOPMENT REGULA- TIONS OF THE CODE OF ORDI- NANCES, BY AMENDING SECTION 2.4.3, "SUBMISSION REOUIRE- MENTS°, SUBSECTION 2.4.3(K), 'FEES", SUB-SUBSECTION 2.4.3(K)(7), 'DEVELOPMENT APPLI- _CATIONS', TO REDUCE THE FEE FOR HISTORIC PRESERVATION BOARD VARIANCES; PROVIDING A SAVING CLAUSE, A GENERAL RE- PEALER CLAUSE, AND AN EFFEC- T1VEDATE. Please be atlvised that N a person de- ' titles to appeal any decision made by 'the City Commission with respect to any mailer considered at these hear- '. ags, such person may creed to ensure ~. that a verbatim record includes the '~. testimony and evidence upon which the appeal is to be based. The City '. does not provide nor prepare such record pursuant to ES. 286.0705. I CITY OF DELRAY BEACH Chevelle D. Nubin, CMC City Clerk Publish: Friday, September 7, 2007 Boca RatonlDelray Beach News 10 ,q ~ P~'" CHAPTER 57, "GARBAGE ANDj TRASH', OF THE CODE OF ORDI-