61-93 ORDINANCES
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COMMISSION ACTION
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ORDINANCE NO. 61-93
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY
BEACH, FLORIDA, REPEALING ORDINANCE NUMBER 56-93 IN ITS
ENTIRETY, AND ENACTING A NEW ORDINANCE 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 That Ordinance Number 56-93 is hereby repealed in its
entirety.
Section 2. 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~~/~/~*~/6~/~/~
~~/~ A residential dwelling unit is defined in Section 54.32.
(2) Connection charges by users of the 6ity 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 ~er Equivalent Residential Connection (E.R.C.)
Equivalent Residential Connection shall be calculated as follows:
ORD. NO. 61-93
Estimated Flow in Gallons per Month
'ERC Units = 7,000
Where an estimated flow is not available the following formula shall be used
with reference to the standard Plumbing Code adopted by reference in Chapter
161.
Total Fixture Units
ERC Units = 16
Section 3. 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) "COM}{ODITY 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:
ORD. NO. 61-93
Inside Outside
Residential City City
(a) Customer charge $ 1.55 $ 1.93
(b) Capacity charge (per 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 9.27 11.58
1-inch meter 15.48 19.35
1-1/2-inch meter 30.86 38.58
2-inch meter 49.40 61.74
3-inch meter 108.15 135.19
4-inch meter 194.61 243.27
6-inch meter 432.51 540.63
(c) Commodity charge (based on metered water
consumption):
City (per 1,000 gallons) 1.08 1.35
ORD. NO. 61-93
South Central Regional Wastewater Treatment
Disposal Board (per 1,000 gallons) .71 .88
Note: For th~se 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) Application. Rates and charges provided for in this
section shall not apply to water billings for such meters as have been
determined by the city to have no relationship to the use of the municipal
sanitary sewer system. Such determination shall be based upon an application
submitted by the user to the city, which application shall be accompanied by
evidence that the water passing through the subject water meter is not
connected to the sanitary sewer system, and is not connected to septic tanks
in areas where the sanitary sewer system is available as defined in this
chapter.
(4) 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 4. 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 mended 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 5. 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 6. That all ordinances or parts of ordinances in conflict
herewith be, and the s~e are hereby regaled.
Section 7. That this ordinance shall become effective December 1,
1993.
PASSED AND ~OPTED in re~lar session on second and final reading on
this the 9th day of November , 1993.
ORD. NO. 61-93
ATTEST:
CtClerk
y. '
First Reading October 26, 1993
Second Reading November 9, 1993
ORD. NO. 61-93
MEMORANDUM
TO: MAYOR AND CITY COMMISSIONERS
FROM: MANA ,R -
ORDINANCE
DATE: November 3, 1993
This is the second reading of an ordinance repealing Ordinance No.
56-93, in its entirety, and enacting a new ordinance amending Chapter
54, "Sewers", to clarify when a sewer connection charge must be paid;
enacting new service rates and charges; clarifying the the collection
method of sewer charges and changing the effective date.
This ordinance is necessary because the typist inadvertently inserted
the water rates into Ordinances No. 56-93.
At the October 26th regular meeting, Ordinance No. 61-93 passed on
first reading by a 5 to 0 vote.
Recommend approval of Ordinance No. 61-93 on second and final reading.
MEMORANDUM
TO: MAYOR AND CITY COMMISSIONERS
ORDINANCE NO. 61-93
DATE: October 22, 1993
This is the first reading of an ordinance repealing Ordinance No.
56-93, in its entirety, and enacting a new ordinance amending Chapter
54, "Sewers", to clarify when a sewer connection charge must be paid;
enacting new service rates and charges; clarifying the the collection
method of sewer charges and changing the effective date.
This ordinance is necessary because the typeset inadvertently inserted
the water rates into Ordinances No. 56-93.
Recommend approval of Ordinance No. 61-93 on first reading. If passed
public hearing November 9th.
Agenda Item No.:
AGENDA REQUEST
Date: 10-18-93
Request to be placed on:,
X Regular Agenda Special Agenda Workshop Agenda
When:. 10-26-93 '(first reading); 11-09-93 (second reading)
Description of agenda item (who, what, where, how much): Repealing Ordinance
Number 56-93 (revisions to sewer ordinance) and enacting Ordinance Number, 61-93 as some
wording was inadvertently omitted in Ordinance Number 56-93. Additionally, the effective
d'ate of the Ordinance needed to be chanKed from the ori~inal date of October 1; 1993 to
December i. 1993 to accommodate rate chanKe implementation.
ORDINA/~CE/ RESOLUTION REQUIRED: YES/NO Draft Attached: YES/NO
Recommendation: Approval is recommended.
N/A
City Attorney Review/ Recommendation (if applicable):
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:
Approved for agenda: E~/
Hold Until:.
Agenda Coordinator Review:
Received:
Action: Approved/Disapproved
MEMORANDUM
TO: David T. H~rden
City Manager
FROM: J~seph M. ~
Director o
SUBJECT: Agenda Request - Sewer Ordinance Revision
New Ordinance Number 61-93
DATE: October 18, 1993
Sewer Ordinance Number 56-93, which was recently approved by the City
Commission, inadvertently omitted some wording which should have been included
in the rewrite of Section 54.32. Additionally, as the City Commission did not
approve the Ordinance prior to October 1, 1993, the effective date of the
Ordinance should have been changed to December 1, 1993 to accommodate the
implementation of the rate changes for billing purposes.
The City Attorney advised that it would be necessary to repeal Ordinance
Number 56-93 and enact a new Ordinance. We were further advised that this
Ordinance would need to go through a first and second reading process.
We have attached a corrected Sewer Ordinance Number 61-93 so that it may be
included on the City Commission Agenda of October 26, 1993 for first reading
and the Agenda of November 9, 1993 for second reading. If approved, the rates
will become effective December 1, 1993. This same effective date has been
established for the Water Ordinance rate changes, if the Ordinance meets with
the City Commission's approval.
/sam
Attachment
cc: Jan Williams, Utility Billing Manager
NO~¢E OF PUBLIC NEAIIIN(I
bets, 10g N.W st Aveoue, OeJray
~)) F~0~oa, from 8:00 A.M t0
hoIidays AH interes]ed parties are m-
~ riled t0 ~ttend aha ~ heara with re-
O[NANCE NUMBER 56-93 JN ITS EN.
Published Daily T~w, AND ENACTING A NEW
Monday ~hrough S~nday ~,, ,s~w~s, OF T~ co~ O~ o~.
DINANCES OF THE CiTY OF
BOO& ~a~O~, P~m Beach Coun~, F~orida RAY BEACH, FLORIDA. BY
gelray Beach, Palm Beach County, Florida 'CONNECTION CHARGES; EXCEP'
TION', TO CLARIFY WHEN A SEW-
ER CONNECTION CHARGE MUST
5432 AND ENACTING A NEW SEC'
TION 54~2, 'SERVLCE RATES ANO
~ O~ ~0~I~ CHARGES' BY AMEND'NG SECTION
54~, "TIME AND METHOD OF PAY'
~O~ O~ ~ ~O~ MENT OF SERVICE CHARGES', TO
CLaRiFY THE COLLECTION METM'
OD OF SEWER CHARGES; PROVIO'
lNG A SAVING CLAUSE, A GENER'
Before the undersigned authority personally ~ ~EPEALER CLAUSE AND AN
appeared Michelle Bernzweig, Marketing
Services Manager of The News, daily news-
papers published in Boca Baton in Palm
Beach County, Florida; that the attached ~ ~ ~c~ o~ ~0
copy of advertisement was published in said ,~ o~ ~c ,~,~0~0o0
M[RCLAL) D~STRICT, ~OD
newspapers in the issues of: ~o~,o~ 0~,c~ ~'S'
TRICT) AND RM (MULTIPLE F~I-
LY RESiDENTiAL - MEDIUM DEN-
* EAST, PALM BEACH COUNTY,
FLORIDA, LOCATED ON THE
N~RTH S~DE OF WEST ATLANTIC
AVENUE BETWEEN BARWICK
MO~E PARTICULARLY DE.
SCRIBEDHERE~N; REDEFININ~
THE BOgNgARIES OF SAID CITY
GATIONS OF SA~D LAND;
Affiant further says that The News is a ,N~ A GENERAL REPEALER
AN ORDINANCE OF TH~ CiTY coM.
through Sunday, and has been entered as ~,~,0,0FT"EC'T~°~
BEACH, FLORLDA, AMENDJN~
second class matter at the post office in CHAPTER ', 'ZON'NG RE~ULA'
TJONS", SECTION 44.]3 'CENTRAL
Boca Ratonl Palm Beach County, Florida, BUSINESS (CBD) DISTR~CT"' SUB'
SECTION 4&13
for a period of one year next preceding the 'SUPPLEMENTAL DtSTRICT REGU'
LATIONS", OF THE LAND OEVEL'
first publication of the attached copy of OPMENT REGULATIONS OF THE
CODE OF ORDINANCES OF THE
advertisement; and affiant further s&ys th&t C~T~ o~ OEL~A~ ~EAC,. ~O~l-
DA, TO CLARIFY THE PARKING
REQUIREMENTS FOR THE CEN.
he has neither paid nor promised any ~ BUSLNESS DiSTRiCT, PRO-
VIDING A SAVING CLAUSE, A GEN-
person, firm or corporation any discount, ~ ~ c~us~,
rebate, commission or refund for the pur-
pose of securing this advertisement for pub- ~ o~o,~ 0~ ~ ~,-~0~
MISS~ON 0F THE C~TY 0~
lication in said newspapers. ~, ~o~,
CHAPTER 4, 'ZONJNG
~ARKING R EGgkATIONS',
Sworn to and subscribed before me this ~c[, p~ov,ol~G A
CLAUSE, A GENERAL REPEALER
~l, O~ a a ~e NANCES OF THE CiTY O~ DELRAY
m. ~. ~-~-~ SUBSECTION 4.4.24(G)
My Com~i~i'~ expires ' OOCTION IN THE PARKING RE-