Ord 43-07ORDINANCE N0.43-07
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF
DELRAY BEACH, FLORIDA, AMENDING THE CODE OF
ORDINANCES, BY AMENDING CHAPTER 59, "RECLAIMED
WATER", SECTION 59.06, "USE OF RECLAIMED WATER WITHIN
THE CITY OF DELRAY BEACH UTILITY SERVICE AREA", TO
PROVIDE THAT ALL CUSTOMERS SHALL CONNECT TO THE
RECLAIMED WATER SYSTEM; AMENDING SECTION 59.09, "FEES,
RATES AND CHARGES", TO INCREASE THE WHOLESALE RATE
AND AMENDING SECTION 59.13, "APPROVED USES OF
RECLAIMED WATER" TO PROVIDE FOR HOURS OF USE FOR
IRRIGATION; PROVIDING A SAVING CLAUSE, A GENERAL
REPEALER CLAUSE, AND AN EFFECTIVE DATE.
WHEREAS, potable water and groundwater are valuable resources which must be conserved;
and
WHEREAS, reclaimed water is also a valuable resource which can safely be used for irrigation
purposes, thereby substantially contributing to the conservation of groundwater and potable water;
and
WHEREAS, the City of Delray Beach has determined to establish a reclaimed water system
which would make reclaimed water available for irrigation; and
WHEREAS, such reclaimed water system serves a valid public purpose in helping to conserve
water resources; and
WHEREAS, such reclaimed water system use shall be mandatory within 90 days of availability
of same.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY
OF DELRAY BEACH, THAT:
/ i
Section 1. That Chapter 59, "Reclaimed Water", Section 59.06, "Use of Reclaimed Water
within the City of Delray Beach Service Area" is hereby amended to read as follows:
Sec. 59.06 USE OF RECLAIMED WATER WITHIN THE CITY OF DELRAY
BEACH SERVICE AREA.
(A) Reclaimed water service will be made available within the City's Utility Service
Area as the transmission system is extended and treatment capacity becomes available.
(B) Reclaimed water service will be deemed available when Reclaimed Water
Distribution System facilities necessary for connection to the customers' irrigation system are
activated to the customers' point of service. Easements may be required across private
property to accommodate extension of the transmission system to the customers' point of
service. In the event that such required easements are not granted by the customer, reclaimed
water will be deemed available when facilities are placed in service abutting any point on the
customers property line.
(C) Connection to the Citds reclaimed water system for irrigation use shall be
mandatory. If the City's reclaimed water system is available for connection for irrigation users,
no other sources of irrigation water will be permitted. Upon notification from the City of
service availability. 6customers shall have ninety (90) days
to connect irrigation systems to the reclaimed water system with
no fees assessed by the City. Customers connecting after that time will be assessed meter
installation charges. After the stated 90 day period, exis ' irrigation connections to the City's
drinking water system will be disconnected, and customers requiring irrigation water that
remain unconnected to the reclaimed water system will be assessed a monthly capacity charge
as listed in section 59.09,,,~nd a monthly commodity charge based on 12,,000 gallons per month
billed at the current rate for irrigation water as listed in Chapter 52, Section 52.34(B). Upon
connection to the reclaimed water system, the capacity charge will cease, and the commodity
charge will be based on metered use at the rates. listed_in_~ection 59.09 for the antilicable user
classification
(D) Connection of an imgation system to the customer's side of the reclaimed
water meter is the responsibility of the customer and shall be performed at the customer's
expense.
(E) Should the customer require reclaimed water of quality or pressure varying
from that normally supplied by the city, the customer shall be responsible for any devises
necessary to make these adjustments, provided, however, that such devices will require prior
approval by the City.
2 ORD. NO. 43-07
~~
Section 2. That Chapter 59, "Reclaimed Water", Section 59.09, "Fees, Rates and Charges"
is hereby amended to read as follows:
Sec. 59.09 FEES, RATES AND CHARGES.
(A) Charges for reclaimed water use will be based on metered flows and will be
billed on a monthly basis per one thousand (1,000) gallons in accordance with the following
schedule:
1. Retail customer rate ........ ;1.00
2. Wholesale customer rate .... nv-c~ Q~$
(B) Meter installation charges, when applicable, shall be as listed in Chapter 52,
Section 52.32.
(C) Capacity charge, when applicable, shall be as listed in Chapter 52, Section
52.34(B).
'on .That Chapter 59, "Reclaimed Water", Section 59.13, "Approved Uses of Reclaimed
Water", is hereby amended to read as follows:
Sec. 59.13. APPROVED USES OF RECLAIMED WATER; HOURS OF USE FOR
IRRIGATION
(A) Reclaimed water shall be used in accordance with applicable federal, state, and
local laws, rules and regulations. Pursuant to this Chapter, reclaimed water may be used for
irrigation of residential and nonresidential lawns, golf courses, cemeteries, parks, landscaped
areas, edible crops (as set forth in Chapter 62-610, Florida Administrative Code), highway
medians, dust control, on construction sites, mixing of concrete, and cleaning of roads and
sidewalks. Any other use of reclaimed water must be approved in writing by the Director
prior to said usage.
(Bl Hours of irrigation for wholesale customers connected. to the. Ctv's reclaimed
water system shall be limited to the hours between sunset and sunrise.
Section 4. That 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 as a whole or part thereof, other than the
part declared to be invalid.
3 ORD. NO. 43-07
\.
Section,. That all ordinances or parts of ordinances in conflict herewith be, and the same
are hereby, repealed.
c ' n That this ordinance shall become effective immediately upon its passage on the
second and final reading.
PASSED AND ADOPTED in regular session on second and final reading on this 18~' day of
September, 2007.
~~ ~~
MAYOR
ATTEST:
C\ . .
City Clerk -~
First Reading \ ~~
Second Reading ~~
4 ORD. NO. 43-07
MEMORANDUM
TO: MAYOR AND CITY COMMISSIONERS
FROM:
SUBJECT:
DATE: SEPTEMBER 14, 2007
ITEM BEFORE COMMISSION
This ordinance is before Commission for second reading to amend Chapter 59, "Reclaimed Water",
of the Code of Ordinances by amending Section 59.06, "Use of Reclaimed Water within the City of
Dekay Beach Utility Service Area", to provide that all customers shall connect to the Reclaimed
Water System; amending Section 59.09, "Fees, Rates and Charges", to increase the wholesale rate; and
amending Section 59.13, "Approved Uses of Reclaimed Water", to provide for hours of use for
irrigation.
BACKGROUND
At the first reading on September 4, 2007, the Commission passed Ordinance No. 43-07.
FUNDING SOURCE
N/A
RECOMMENDATION
Recommend approval of Ordinance No. 43-07 on second and final reading.
S:\City Ck.k\AGENDA COVER MEMOS\Ordinance Agenda Memos\Ord 4347 Rechirtted Water Std Readmg 09.18.07.doc
ORDINANCE NO. 43-07 (AMENDING CHAPTER 59 "RECLAIMED
AW TER„~
MEMORANDUM
TO: MAYOR AND CITY COMMISSIONERS
FROM: R. BRIAN SHUTT, ASST. CITY ATTORNEY
THROUGH: CITY ATTORNEY
DATE: AUGUST 30, 2007
SUBJECT: AGENDA ITEM # i ~, . l~ -REGULAR MEETING OF SEPTEMI
ORD. 43-07/REVISION TO RECLAIMED WATER ORDINANCE
ITEM BEFORE COMMISSION
The item before the City Commission is Ordinance 43-07 which modifies the Reclaimed Water
provisions of the City Code.
BACKGROUND
This ordinance modifies Chapter 59, Reclaimed Water, of the Code of Ordinances by:
• Making connection to the reclaimed water system mandatoryProhibiting use of any other
water source for irrigation if reclaimed water is available
• Increasing economic inducement for connection
• Increasing the wholesale commodity rate for FY 2007/2008
• Limiting the hours of irrigation for wholesale customers.
RECOMMENDATION
Staff recommends approval.
ORDINANCE N0.43-07
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF
DELRAY BEACH, FLORIDA, AMENDING THE CODE OF
ORDINANCES, BY AMENDING CHAPTER 59, "RECLAIMED
WATER", SECTION 59.06, "USE OF RECLAIMED WATER WITHIN
THE CITY OF DELRAY BEACH UTILITY SERVICE AREA", TO
PROVIDE THAT ALL CUSTOMERS SHALL CONNECT TO THE
RECLAIMED WATER SYSTEM; AMENDING SECTION 59.09, "FEES,
RATES AND CHARGES", TO INCREASE THE WHOLESALE RATE
AND AMENDING SECTION 59.13, "APPROVED USES OF
RECLAIMED WATER" TO PROVIDE FOR HOURS OF USE FOR
IRRIGATION; PROVIDING A SAVING CLAUSE, A GENERAL
REPEALER CLAUSE, AND AN EFFECTIVE DATE.
and
WHEREAS, potable water and groundwater are valuable resources which must be conserved;
WHEREAS, reclaimed water is also a valuable resource which can safely be used for irrigation
purposes, thereby substantially contributing to the conservation of groundwater and potable water;
and
WHEREAS, the City of Delray Beach has determined to establish a reclaimed water system
which would make reclaimed water available for irrigation; and
WHEREAS, such reclaimed water system serves a valid public purpose in helping to conserve
water resources; and
WHEREAS, such reclaimed water system use shall be mandatory within 90 days of availability
of same.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY
OF DELRAY BEACH, THAT:
'on 1. That Chapter 59, "Reclaimed Water", Section 59.06, "Use of Reclaimed Water
within the City of Delray Beach Service Area" is hereby amended to read as follows:
Sec. 59.06 USE OF RECLAIMED WATER WITHIN THE CITY OF DELRAY
BEACH SERVICE AREA.
(A) Reclaimed water service will be made available within the City's Utility Service
Area as the transmission system is extended and treatment capacity becomes available.
(B) Reclaimed water service will be deemed available when Reclaimed Water
Distribution System facilities necessary for connection to the customers' irrigation system are
activated to the customers' point of service. Easements may be required across private
property to accommodate extension of the transmission system to the customers' point of
service. In the event that such required easements are not granted by the customer, reclaimed
water will be deemed available when facilities are placed in service abutting any point on the
customers property line.
(C~ Connection to the Cit.~'s reclaimed water system for irrigation use shall be
n~and~ory. If the City's reclaimed water system is available for connection for irrigation users
no other sources of irrigation water will be permitted. Upon notification from the City of
service availability. G~ustomers shall have ninety (90) days
' to connect irrigation systems to the reclaimed water system with
no fees assessed by the City. Customers connecting after that time will be assessed meter
installation charges. After the stated 90 day period, exisrine~eae tion connections to the City's
rin 'ng water system will be disconnected. and customers requiring irrigation water that
remain unconnected to the reclaimed water system will be assessed a monthly capacity charge
as listed in section 59.09' and a monthly commodity charge based on 12,000 ons per month
billed at the current rate for irrigation water as listed in Chapter 52. Section 52.34~B). Upon
connection to the reclaimed water system, the capacity charge will cease, and the commodity
charge will be based on metered use at the rates listed in Section 59.09 for the annlicable user
classification
(D) Connection of an irrigation system to the customer's side of the reclaimed
water meter is the responsibility of the customer and shall be performed at the customer's
expense.
(E) Should the customer require reclaimed water of quality or pressure varying
from that normally supplied by the city, the customer shall be responsible for any devises
necessary to make these adjustments, provided, however, that such devices will require prior
approval by the Ciry.
2 ORD. NO. 43-07
Section 2. That Chapter 59, "Reclaimed Water", Section 59.09, "Fees, Rates and Charges"
is hereby amended to read as follows:
Sec. 59.09 FEES, RATES AND CHARGES.
(A) Charges for reclaimed water use will be based on metered flows and will be
billed on a monthly basis per one thousand (1,000) gallons in accordance with the following
schedule:
1. Retail customer rate ........ $1.00
2. Wholesale customer rate .... 8:2Er (~. $
(B) Meter installation charges, when applicable, shall be as listed in Chapter 52,
Section 52.32.
(C) Capacity charge, when applicable, shall be as listed in Chapter 52, Section
52.34(B).
Section 3. That Chapter 59, "Reclaimed Water", Section 59.13, "Approved Uses of Reclaimed
Water", is hereby amended to read as follows:
Sec. 59.13. APPROVED USES OF RECLAIMED WATER; HOURS OF USE FOR
IRRIGATION
(A) Reclaimed water shall be used in accordance with applicable federal, state, and
local laws, rules and regulations. Pursuant to this Chapter, reclaimed water may be used for
irrigation of residential and nonresidential lawns, golf courses, cemeteries, parks, landscaped
areas, edible crops (as set forth in Chapter 62-610, Florida Administrative Code), highway
medians, dust control, on construction sites, mixing of concrete, and cleaning of roads and
sidewalks. Any other use of reclaimed water must be approved in writing by the Director
prior to said usage.
(~) Hours of irrigation for wholesale customers connected to the City's reclaimed
water system shall be limited to the hours between sunset and sunrise.
Section 4. That 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 as a whole or part thereof, other than the
part declared to be invalid.
3 ORD. NO. 43-07
Section 5. That all ordinances or parts of ordinances in conflict herewith be, and the same
are hereby, repealed.
~on 6. That this ordinance shall become effective immediately upon its passage on the
second and final reading.
PASSED AND ADOPTED in regular session on second and final reading on this
day of , 2007.
MAYOR
ATTEST:
City Clerk
First Reading
Second Reading
4 ORD. NO. 43-07
L ~ h ~~(aGL
Boca Raton/Delray Beach News -Friday-Saturday, September 7$, 2007 • www.bocanews.com
CITY oP DELLTAY BEACH,FLOrUOA
NOTICE OF l+UBLIC HEAFONG
A PU&JC HEARING wAl be held on
The tollowirg Proposed ordinances at
7:00 -p.m. on TUESDAY, SEPTEM-
BEfl 18, 2007 or at-any cdntinuaticn
of such meeting which is set by 8ro
Commission), in the City Commission
Chambers, 100 N.W. 1st Avenue, DeF
ray Beach, Fonda, at which time the
City Commission will consider their
adoption. The proposed ordinances
may be inspected at the Office of ttte
City Clerk at Cdy Hall, 100 N.W. 1st
Avenue, Delray Beach, Florida, be-
tween Ore hours of 8:00 a.m.and 5:00
p.m., Monday through Friday, except
holidays. All interested parties are in-
vitedro attend and be heardwiM re-
spect tithe proposed ordinances.
ORDINANCE N0.3fi-07
AN ORDINANCE OF THE CfTY COM-
MISSION OF THE CITY OF DELRAY
BEACH, FLORIDA, AMENDING THE
LAND DEVELOPMENT REGULA-
TIONS OF THE CITY OF DELRAY
BEACH, BY AMENDING SECTION
22.3, ?HE SITE PLAN REVIEW AND
APPEARANCE BOARD", SUBSEC-
TION (Dj, °DUTIES, POWERS AND
RESPONSIB7LfilES", 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 SEG
TION 4.4.3, `SINGLE FAMILY RES1-
DENTIAL (R-1) DISTRICTS', SUB-
. SECTK)NS (A), "PURPOSE AND IN-
TENT", (Ej, "REVIEW AND APPROV-
AL PROCESS', (F),'DEVELOPMENT'
STANDARDS", AND (Gj,
'SUPPLEMENTAL DISTRICT REGU-
LATIONS", AND AMENDING SEC-
TION 4.5.13, 'NORTH BEACHJSEA-
GATE AND OCEAN NEIGHBOR-
HOOD OVERLAY DISTRICTS", TO
PROVIDE THAT VISUAL COMPAT-
IBILITY MAY BE REGULATED IN AC-
CORDANCE WITH THE NORTH
BEACH AND SEAGATE NEIGHBOR-'
HOODS DESIGN MANUAL; PROVID-'
LNG A SAVING CLAUSE, A GENER-
AL REPEALER CLAUSE, AND AN
EFFECTIVE DATE
ORDINANCE N0.37-07
AN ORDINANCE OF THE CITY COM-
MISSION OF THE GTY OF DELRAY
BEACH, FLORIDA, AMENDING THE'
LAND DEVELOPMENT REGULA-I
710NS Of THE CITY OF DELRAY
BEACH, AMENDING APPENDIX °A"
BY 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 COM-
MISSION 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(8), TO PROVIDE FOA CHANG-
ES IN RATES FOR FY 2008;. PRO-
/IDING AGENERAL REPEALER
CLAUSE, A SAVING CLAUSE, AND
4N EFFECTIVE DATE
ORDINANCE N0.40-07 I
TIDE FOR INCREASED RESIDEN-
f1AL AND NONRESIDENTIAL/COM-
dERC1Al RATES FOR FY 2008;
'ROVIDING A GENERAL REPEALER
:CAUSE, A SAYING CLAUSE, AND
1N EFFECTIVE DATE
ORDINANCE N0.41-07 ~
1
BEACF+, BY AMENDING SECTION
57.70, 'REGULAfl CHARGES LEV-
IED", TO PROVIDE FOR INCREASED
RESIDENTIAL AND COMMERCIAL
COLLECTION SERVICE RATES FOR
FY 2008; PROVIDING A GENERAL
' REPEALER CLAUSE, A SAVING
CLAUSE, AND 'AN EFFECTIVE
DATE.
F ORDINANCE N0.42-07
AN ORDINANCE OF THE GTY COM-
MISSION OF THE CITY OF DELRAY
BEACH, FLORIDA, AMENDING
CHAPTER 50, °UTILITIES GENER-
ALLY; PUBLIC SEFlVICE TAX", SEG
TION 50.75, 'LEVY OF TAX", TO
PROVIDE FOR AN INCREASE IN
THE TAX CHARGED; PROVIDING A
'SAVING CLAUSE, A GENERAL RE-
iPEALER CLAUSE, AND AN EFFEC-
' T7VE DATE.
ORDINANCE N0.43-07
~ AN ORDINANCE OF THE CITY COM-
MISSION OF THE CITY OF DELRAY
BEACH, FLORIDA, AMENDING THE
CODE OF ORDINANCES, BY
AMENDING CHAPTER 59,
'RECLAIMED WATER", SECTION
59.06, "USE OF RECLAIMED WATER
WITHIN THE CITY OF DELRAY
BEACH UTILITY SERVICE AREA",
TO PROVIDE THAT ALL CUSTOM-
ERS SHALL CONNECT 70 THE RE-
CLAIMED WATER SYSTEM;AMEND-
ING SECTION 59.09, "FEES, RATES
AND CHARGES", TO INCREASE THE
WHOLESALE RATE AND AMENDING
SECTION 59.13, 'APPROVED USES
OF RECLAIMED WATER"TO PRO-
VIDE FOR HOURS OFUSE FOR IR-
RIGATION; PROVIDING A SAYING
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
LAND DEVELOPMENT REGULA-
TIONS OF THE CODE OF ORDI-
NANCES, BY AMENDING SECTION
2.4.3, "SUBMISSION REQUIRE-
MENTS", SUBSECTION 2.4.3(K),
`FEES", SUB-SUBSECTION
2.4.3(Kj(7), "DEVELOPMENT APPU-
_CATIONS", TO REDUCE. THE FEE
FOR HISTORIC PRESERVATION
BOARD VARIANCES PROVIDING A
SAVING CLAUSE, A GENERAL RE-
PEALER CLAUSE, AND AN EFFEG
T7VE DATE.
Please be advised that d a person de-
cides to appeal any decision made by
the City Commission with respect to
any matter considered al these hear-
ings, such person may need to ensure
that a verbatim record includes the
testimony and evidence upon which
[he appeal is to be based. The City
does not provide nor prepare such
record pursuant to F.S.2t)6.0105.
CITY OF OECRAV BEACH
CheveNe D. Nubin, CMC
Ciry Clerk
Publish: Friday, September 7, 2007
Boca Raton/Delray Beach News
10
~'q d~
~~
:HAPTER 51, °GARBAGE AND i
RASH', OF THE CODE OF ORDI-