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56-93 ORDINANCES ¢o~ss~o. ~,¢?~o.: ~ bg ORDINANCE NO. 56-93 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING CHAPTER 54, "SEWERS", OF THE CODE OF ORDINANCES OF THE CITY OF DELRAY BEACH, FLORIDA, BY AMENDING SECTION 54.31, "CONNECTION CHARGES; EXCEPTION", TO CLARIFY WHEN A SEWER CONNECTION CHARGE MUST BE PAID; BY REPEALING SECTION 54.32 AND ENACTING A NEW SECTION 54.32, "SERVICE RATES AND CHARGES"; BY AMENDING SECTION 54.33, "TIME AND METHOD OF PAYMENT OF SERVICE CHARGE", TO CLARIFY THE COLLECTION METHOD OF SEWER CHARGES; PROVIDING A SAVING CLAUSE, A GENERAL REPEALER CLAUSE AND AN EFFECTIVE DATE. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS: Section 1. That Section 54.31, "Connection Charges; Exception", of the Code of Ordinances of the City of Delray Beach, Florida is hereby amended to read as follows: (A) Connection charges. (1) In addition to the rates set forth in Section 54.32, there is established a sewer connection charge for each connection to the city sewage collection system. The sewer connection charge shall be $1084 for each separate residential unit or per Equivalent Residential Connection for non-residential units. W~/~6/6~/~6~/f~~/~/Z~*~/6~/~/~ ~~II~I~IZZI~I~~I~I~I~I~~I~~ZI~ZZ~I~L ~ZZ~/~ A residential dwellin9 unit is defined in Section 54.32. (2) Connection charges by users of the city sewerage system wholly outside the corporate limits of the city are fixed at sums equal to the rates shown in the above schedule in division (A) of this section, plus 25% of each respective classification. The connection charge shall be paid to the city at the time of obtaining a permit for a connection and shall be in addition to the permit fee. The size of the connection shall be determined by the Plumbing Inspector in accordance with Chapters 161 and 164. (B) There shall be a non-residential sewer connection charge which shall be based on $1084 Der Equivalent Residential Connection (E.R.C.) Equivalent Residential Connection shall be calculated as follows: Estimated Flow in Gallons Der Month ERC Units = 7~000 ORD. NO. 56-93 Where an estimated flow is not available the follow£n~ formula shall be used with reference to the standard Plumbing Code adopted by reference in Cha~ter 161. Total Fixture Units ERC Units = 16 Section 2. That Section 54.32, "Service Rates and Charges", is hereby repealed in its entirety and a new section 54.32 is hereby enacted to read as follows: (A) For the purpose of this section the following definitions shall apply unless the context clearly indicates or requires a different meaning. (1) "CAPACITY CHARGE." The charges calculated to cover cost incurred to have the system available and in good operating condition without regard to use, which shall include, but not be limited to, costs of minimum personnel, capital outlay, debt service, insurance, transfers, reserve requirements, and debt service coverage. (2) "COMMODITY CHARGE." The charges calculated to cover the costs which vary with the level of service provided, the amount of water produced or sewage processed, which shall include, but not be limited to, costs of personnel to operate the system, electricity, repairs and maintenance, and operating supplies. (3) "CUSTOMER CHARGE." The charges calculated to cover the costs incurred in the billing system, which shall include, but not be limited to costs of meter reading, recording, data processing, billing, and collecting. (4) "RESIDENTIAL DWELLING UNIT." One or more rooms connected together, constituting a separate, independent housekeeping establishment and physically separated from any other dwelling unit which may be in the same structure, and which contains independent sanitation, living, cooking and sleeping facilities. (B) The following rates and charges shall be collected from the users of the city sewerage system: (1) Residential dwelling units. A monthly sanitary sewerage service charge is imposed upon each residential dwelling unit to which sanitary sewerage service is available through the municipally-owned sewerage system, according to the following schedule: Inside Outside Residential City City (a) Customer charge $ 1.55 $ 1.93 ORD. NO. 56-93 (b) Capacity charge (pek residential dwelling unit) 9.27 11.58 (c) Commodity charge (based on metered water with maximum of 12,000 gallons): City (per 1,000 gallons) 1.08 1.35 South Central Regional Wastewater Treatment Disposal Board (per 1,000 gallons) .71 .88 Notes: (1) Where no water service is provided and the user is connected to the sanitary sewer system, there shall be a monthly customer charge of $5.00 per residential dwelling unit, and the commodity charge shall be based on the maximum of 12,000 gallons. This is in addition to the capacity charges as set forth above. (2) Where no water service is provided and the user is not connected to the sanitary sewer system, and sewer service is available for connection, there shall be a monthly customer charge of $5.00 per residential unit and a capacity charge as set forth above. (2) Nonresidential/commercial units. A monthly sanitary sewerage service charge is imposed upon each nonresidential and commercial unit to which sanitary sewerage service is available through the municipally-owned sewerage system, according to the following schedule: Inside Outside Nonresidential/Commercial City City (a) Customer charge $ 1.55 $ 1.93 (b) Capacity charge (per meter): 3/4-inch meter 7.62 9.53 1-inch meter 12.73 15.91 1-1/2-inch meter 25.38 31.73 2-inch meter 40.63 50.78 3-inch meter 88.95 111.19 4-inch meter 160.07 200.08 6-inch meter 355.73 444.66 (c) Commodity charge: City (per 1,000 gallons) 1.08 1.35 South Central Regional Wastewater Treatment Disposal Board (per 1,000 gallons) .71 .88 ORD. NO. 56-93 Note: For those nonresidential/commercial units where water service is not available, and the user is connected to the sanitary sewer system or sewer service is available for connection, there shall be a monthly customer charge of $5.00 and a capacity charge as set forth above. The commodity charge shall be based on the average usage for the type of business or non-residential use. (3) When effective. 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 engineer, and accepted by the city. Section 2. That Section 54.33, "Time and Method of Payment of Service Charge", Subsection (B), of the Code of Ordinances of the City of Delray Beach, Florida, is hereby amended to read as follows: (B) Sewer service charges shall apply and be collected monthly on a year-round basis whenever water service is ~rovided and without regard to occupancy. Section 3. 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 all ordinances or parts of ordinances in conflict herewith be, and the same are hereby repealed. Section 5. That this ordinance shall become effective October 1, 1993. PASSED AND ADOPTED in regular session on second and final reading on this the 12th day of October , 1993. ATTEST: ity Clerk First Reading September 14t 1993 Second Reading October 12, 1993 ORD. NO. 56-93 MEMORANDUM TO: MAYOR AND CITY COMMISSIONERS FROM: CITY MANAGER ~>'~/ SUBJECT: AGENDA ITEM ~ /0 ~ - MEETING OF OCTOBER 12. 1993 ORDINANCE NO. 56-93 DATE: October 7, 1993 At the September 14th regular meeting, Ordinance No. 56-93 passed on first reading by a 4-0 vote. The significant aspects of this ordinance include clarifying the charges to be paid for residential dwelling units where sewer service is available, but the dwelling is not connected to the sewer service and water service is not provided by the City. The ordinance also specifies how to calculate the number of Equivalent Residential Connections for non-residential customers, and clarifies when sewer service charges apply. Subsequently, we have received a proposal from the Environmental Services Department to further modify this ordinance. As these changes can be handled separately, I recommend that Ordinance No. 56-93 be approved as written. Recommend approval of Ordinance No. 56-93 on second and final reading. TO: David T. Harden, City Manager~ ~~/~ FROM: Wil 1 iam Greenwood, ~ Director of Environmental Services DATE: September 20, 1993 SUBJECT: Proposed Ordinance No. 56-93 Sewer Revising the proposed ordinance to allow water consumed by a process to be metered separately would permit utilizing meter equivalents for both the proposed water and sewer ordinances. Commercial and/or industrial users whose establishment utilizes process water that does not become process waste water may request separate water meters be installed to calculate water charges. The term process waste water means any water which, during manufacturing or processing, comes into direct contact with or results from the production or use of any raw material, intermediate product, finished product, by product, or waste product. This process waste water would be charged at the applicable rates including any surcharges for high strength waste water. (Definition copied from EPA 401.11) File: Letters to City Manager cc: David Tolces, Asst. CA TO: MAYOR AND CITY COMMISSIONERS FROM: CITY MANAGER ~ ORDINANCE NO. 56-93 DATE: September 24, 1993 This is the second reading of an ordinance amending Chapter 54, "Sewers" of the Code of Ordinances to clarify sewer service charges for customers who do not have water service. The significant aspects of this ordinance include clarifying the charges to be paid for residential dwelling units where sewer service is available, but the dwelling is not connected to the sewer service and water service is not provided by the City. The ordinance also specifies how to calculate the number of Equivalent Residential Connections for non-residential customers, and clarifies when sewer service charges apply. This change will result in a better public policy and will not materially affect revenues. At the September 14th regular meeting, Ordinance No. 56-93 passed on first reading by a 4-0 vote. Subsequently, we have received a proposal from the Environmental Services Department to further modify this ordinance. As there has not been sufficient time to investigate this proposal, I am recommending that the public hearing on this Ordinance be continued to the October 12th regular meeting. Recommend continuation of the public hearing on Ordinance No. 56-93 until the October 12th regular meeting. MEMORANDUM TO: MAYOR AND CITY COMMISSIONERS FROM: CITY. MANAGER SUBJECT: AGENDA ITEM % i~-~ - MEETING QF SEPTEMBER 14~ 1993 ORDINANCE NO. 56-93 DATE: September 10, 1993 This is the first reading of an ordinance amending Chapter 54, "Sewers" of the Code of Ordinances to clarify sewer service charges for customers who do not have water service. The significant aspects of this ordinance include clarifying the charges to be paid for residential dwelling units where sewer service is available, but the dwelling is not connected to the sewer service and water service is not provided by the City. The ordinance also specifies how to calculate the number of Equivalent Residential Connections for non-residential customers, and clarifies when sewer service charges apply. This change will result in a better public policy and will not materially affect revenues. Recommend approval of Ordinance No. 56-93 on first reading. If passed public hearing September 28th. Agenda Item No.: AGENDA REQUEST Date: 08-31-93 Request to be placed on:, X Regular Agenda Special Agenda Workshop Agenda When:. Re§ular: 09-14-93; Regular: 09-28-93 (lst reading) (2nd reading) Description of agenda item (who, what, where~ how much): Revision to sewer ordinance clarifying sewer service charges for customers who do not have water service. ORDINANCE/ RESOLUTION REQUIRED: Y~.S/NO Draft Attached: vw.~/NO Recommendation: Approval is recommended. Determination of Consistency ~i~Comprehensive Plan: ~N/A City Attorney Review/ Recommendation (if applicable): N/A Budget Director Review (required on all items involving expenditure of funds}: Funding available: YES/ NO Funding alternatives: (if applicable) Account NO. & Description: Account Balance: City Manager Review: Agenda Coordinator Review: Received: Action: Approved/Disapproved MEMORANDUM TO: William Greenwood, Director o1' Environmental Services FROM' Jan Williams, Utility Billing Manager_~/~ THRU: Joseph Safford, Director o1' F~anc~-- DATE: May 24, 1993 SUBJECT: '~i~'$ewer Service Charl:jes-Ordinance Revision Due to the recent volume of customer complaints regarding sewer service charges where no water service is provided, I recommend that the Note in Section 1 of Ordinance 32-92 be revised as follows: (See attached ordinance) a) Where no water service is provided and the user is connected to the sanitary sewer system, there shall be a monthly customer charge of $5.00 per residential unit and the commodity charge shall be based on the maximum of 12,000 gallons. This Is in addition to the capacity charges as set forth above. b) Where no water service is provided and the user is nqt connected to the sanitary sewer system, and sewer service is available for connection, there shall be a monthly customer charge of $5.00 per residential unit and a capacity charge as set forth above. ,'This change will result in a better public policy and will not materially affect our revenue. Please provide me with any comments you or your staff might have on this matter. If you approve, I will submit for an ordinance revision. cc: Robert Phillips, Utility Inspector I' A PUBLIC HEARING will he held on the following proposed Ordinances at 7:~0 P.M., (or at any continuation of such meeting which is set by the Com- 1~, in the Ci~ Commission C~am- ~rs, 1~ N.W. Isl Avenue, Delray Beach, al w~ich time the City Commi~ pr~ ordinanc~ may he insured at ~e ~ice ~ t~e City Clerk at the City Hall 1~ N.W. 1st Avenue, ~lray P~., Mo~ay t~rou~ Friday~ except ~lidays. All int~est~ parti~ are i~ vJt~ to a~d and ~ ~ard with r~ ~t to the pro~ Ordinance. AN O~DINANCE OF THE CITY COM- MISSION OF THE CITY OF DELRAY BEACH, FLORtOA, AMENDING Monday through Sunday c,.~ OF OE[.A~ ,~c., ~o~,. Boca Raton, Palm Beach County, Florida 'DISCONTINUING SERVICE AT QUEST OF CUSTOMER', TO CLARI. Delray Beach, Palm Beach County, Florida FY T,E T~M 'T~PORARY'; B~ ~ENDING SECTION "MINIMUM SiZ~ OF METERS', TO SEPARATELY SPECIFY METER S~ZES REQUIR~D AT PLACES O~ BUSINESS A~D TO REDESIG~ATE SECTION 52.3L 'CO~NECT~O~ COUNTY OF PALM BEACH c.~o~s', SUBSECTION (A), TO NECTION IS CHARGED; BY Before the undersigned authority personally ~.o,.o s~c,,o~ ~, 'DEPOSITTO GUARANTEE PAY- ME~T', TO PROVIDE FO~ AN IN. appeared Nancy Smith. Inside Sales Man- C.E~,. o~.os,.~ lNG SECTION ~.3~, 'WATER ager of The News, daily newspapers pub- .A,~S', SUBSECTION (BI, 'MONTHLY RATES", TO P~VIDE lishod in Boca Raton in Palm Beach County, CHARGEsFOR AN INCREASEBy METEREDJN COMMODITY Florida; that the attached copy of advertise- su.s~c,,0.su~"°"' ..{C~,~.AC,,.O.~[.0~.C.A ment was published in said ~ewspapers in CONSERVATION",RATE AJUST~ENT ToFOR PROVIDEWATER FOR A SURCHARGE DURING PERI- the issues of: eob O~ ~NOAT~O WATER SUBSECTIONS (C) AND (0) T0 (D) AND (E~; BY AMENDING SECTION WATER [S TURNED ON', TO ADD . AN EXCEPTION; BY REDESIGNAT- lNG SECT~N 52.3L 'TEMPORARY USE; TAPPING CHARGES AND DE. ~SIT", AS S~CTION 52.38; BY RE. DESiGNATIN~ ~2.38, 'SERVICE CHARGE FOR AFTER HOUR CALLS", AS SECTIO~ 52.37 AND ~ENOING IT TO ADD THE WORDS "IF APPLICABLE"; BY AMENDING SECTION 52.~, ~THER FEES', BY ENACTING A NEW SUBSECTION Affiant further says that The News is a (E), 'METER REREAD CHARGE', TO PROVID[ FOR A Palm Beach County, Florida Monday ~, ENACTING A NEW SUBSECTION ~ (FL 'REMOVAL OF SERWCE through Sunday, and has been entered as T.E .E~ov~ oF ~ LINE, BY ~"ACT~NG A NEW second class matter at the post office in stc,,o. (G), "REINSTALLATION OF A SERVICE LINE', TO PROVIDE Boca ~aton. Palm Beach County, Florida, Fo, A c.~,~ ~o~ T.~ for a period of one year next preceding the ~.D BY ENACTING A NEW SU~ SECTION IH), 'DESTRgCTION OF first publication of the attached copy of ~ETER AND/OR RE~T~D EQUIP- ~EN~ TO .~ov,~E ~o~ advertisement; and affiant further says that ,. THE EVENT OF DESTRUCTION OF A METE~ AHD/O~ ~ELATED he has neither paid nor promised any EQUIPMENT; BY AMENDING SEC- TION 52.~, 'RENDERING OF WHEN PAY~ENT DUE~, TO person, firm or corporation any discount, /~,.E ~ 8'LLING CYCLE; 'Y ~ENDING SECTION 52.~, rebate, commission or refund for the pur- ~ESUM'NG SERVICE A~TE" pose of securing this advertisement for pub- c,., su,s~cT,o. ~,, *o THE RECONNECTION CHARGE; lication in said newspapers. GENERALPROVIDING AREPEALERSAVING CLAUSE,cLAusEA AND AN EFFECTIVE DATE, AN ORDINANCE OF THE CITY  ~}S~ON OF THE CiTY O~ DELRAY ~~~~ BEACH, FLORIDA, AMENDING CHAPTER ~, 'SEWERS", OF THE CODE OF ORDINANCES OF THE  C~TY OF DELRAY BEACH, FLORI- DA, BY AMENDING SECTION 'CONNECTION CHARGES; EXCEP- TION', TO CLARIFY WHEN A SEW- Sworn to and subscribed before me this ~R CONNECTION CHARGE MUST BE PAID; BY REPEALING SEC~IO~ TION ~.~, 'SERVICE RATES AND CHARGES'; BY AMENDING PAYMENT OF SERVICE TO C~RI~Y THE COLLECtlO~ ~~ ~)~)~)))))2))~ PROVIDING A ~VING CLAUSE, A ~ ~ GENERAL REPEALER CLAUSE ANDAN EFFECTIVE DATE, (Seal, Notary Pu c. St of Flc~~~ · a. o~o,.A.c~ o~ T.~ C,T, c~ ~ss~oa o~ T~E CiTY OF DELRAY No~ Publ~,S aEAC~, FLOmOA, A~EaD~& Commi~i~ No. CCm~TI9 TUE v, 'PUeUC WOe~S', C~APTEe ~1, ~ARBAGE AHD T~ASH', My~m~ion~x~ms~ ~ ~ 1~4~ THE CODE OF OeDmASCES OF My Commission expire~ .............. ~.~;.r~ T.E c,r~ o~ o~R~, 'REGULAR CHARGES LEVIE~, TO P~OVIOE FO~ INCREASED BAGE AND TRASH SERVICE CHARGES AND FEE5 FO~ RES1- SMaN aHJ. '31V0 3hll~gd~g NY ~NIOIAO~d ~3Sfl~3 ~3qY~3~ qV~3N39 V ~NIGIAO~d ~g31Aa~ UO~ 3OlAO~d 01 ~331A~3S NOII ~09 33~ 3HZ NI 3SV3~1 ~V ~0~ SGIAO~d 01 ~321A~3S ~lq3 -IS3~ HO~ 33~ 3HL NJ 3SV~H~ '~3S 3V13~3~3 NOd .S~3d