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41-91 ORDINANCE NO. 41-91 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING TITLE V, "PUBLIC WORKS", CHAPTER 52, "WATER", OF THE CODE OF ORDINANCES OF THE CITY OF DELRAY BEACH, FLORIDA, BY AMENDING SUBHEADING "BILLINGS", SECTION 52.52, "RESUMING SERVICE AFTER DISCONTINUANCE FOR DELINQUENCY", TO PROVIDE FOR A DECREASE IN THE GUARANTEE-OF-PAYMENT DEPOSIT; PROVIDING A SAVING CLAUSE; PROVIDING A GENERAL REPEALER CLAUSE; PROVIDING 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 52.52, "Resuming Service After Discon- tinuance for Delinquency", of the Code of Ordinances of the City of Delray Beach, Florida, is hereby amended to read as follows: (A) In the event the water use charges against it become delin- quent and said services are discontinued by the city as herein provided, said services shall not be restored until all delinquent charges plus a $10.00 penalty for late payment and shutoff and reconnection charges are paid in full. If the present ~uarantee-of-payment deposit is less than the current schedule as set forth in Section 52.33, an additional guarantee-of- payment deposit shall be required so that the actual deposit held by the city shall be equal to ~i~/~M~/~6~/6f/~M~/~/~~6f~ ~%~/~/~//f6~/i~//~i6~/~f~ the current ~uarantee-of-payment schedule. However, the city shall not refuse to accept an application for water service or to open a separate water service account because of an outstanding delinquent bill on the subject property which was not incurred by the applicant. Section 2. That should any section or provision of this ordi- nance 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 3. That all ordinances or parts of ordinances in conflict herewith be, and the same are hereby repealed. Section 4. That this ordinance shall become effective immedi- ately upon its passage on second and final reading. PASSED AND ADOPTED in regular session on second and final reading on this the 14th day of May , 1991. ATTEST: City cler~ / First Reading April 23, 1991 Second Reading May 14, 1991 ORD. NO. 41-91 Section 118.52. Penalties. Any person, firm, or corporation who violates any provision of' this subchapter shall, upon conviction, be subject to a fine not exceeding five hundred dollars ($500.00) or imprisonmentl for a term not exceed ninety (90) days, or both. Each day any violation shall continue to exist shall constitute a separatel offense. Section 2. That should any section or provision of this ordinance o-~--~ p~tion thereof, any paragraph, sentence, or word be declared by a Court of competent jurisdiction to be invalid, suchI decision shall not affect the validity of the remainder hereof as aI whole or part thereof other than the part declared to be invalid. Section 3. That all ordinances or parts of ordinances conflict herewith be and the same are hereby repealed. Section 4. That this ordinance shall become effective within ten (10) days of its passage on second and final reading. PASSED AND ADOPTED in regular session on second and final reading on this the 9th day of July . 19 91 ATTEST: Ci~y-Cie~k- -- ~ - First Reading June 25, 1991 Second Reading July 9, 1991 2 ORD. NO. 41-91 BOC~. 'RATOi~ NEWS DELRAY BEACH NEWS BOYNTON BEACH NEWS Published Daily Mon'day thru Sunday Boca l%a~on, Palm Beach County, Florida Delray Beach, Palm Beach County, Florida COUNTY OF PALM BEACH Before the undersigned authority personally appeared NANCY WATT who on oath says that she ^ PU~.,~ is the Classified Advertising Manager of the Boca ~ ~ Raton News and the Delray Beach News, daily · ~m~ ~, newspapers published at Boca Raton in Palm A~ ~,, Beach County, Florida; that the attached copy of ~ ~. advertisement was published in said newspapers ~,j,~ ~ ~ ~.W.~ ~~,~ c~ in the issues of: - ~' ~m' ~':m AN ~ ~THE C~ MI~I0~ ~ TH~ CiTY ~ ~LRAY BEA~, ~FL~I~" ~EN~ . TI- TLE V, ~ C .~K~,~C~PTER DINANCES OF THE CITY OF DE~- RAy ~CH,. FLOR~ ..BY ~E~ , SUBNEA~G Affiant further says that the said Boca Raton 'RESU~N$ CONT~ F0~ NeWS ~nd De~rsy Beach N~s ar~ new~Daper~ Dub- c~, ~o 11shed ~ Boca ~aton, in said Palm Beach Court[7, ~ I~ A ~V NG~C~; Florida, Monday through Sunday, and have been ~ 'A ~tt '~E~ entered as second class matter at the post office in Boca Raton, Palm Beach County, Florida, for ape- P~ ~ tied of one year next preceding the f~st publica- ~ m any ~,~ d~ tion o~ bhe atb~ched cody o~ adverti6emen~; an~ ~q~m,~f:wm affiant ~urther says bhmb she has ne2~her paid nor ~m~ Drom~ed ~ny Derson, ~m or corDor~Cio~ &ny dis- d ~ ~ count, rebate, commission or refund for the put- ~ ~ ~,h pose of securing this advertisement for publication ,~r~ ~.~. ~.~:~ ~.s. in said newspapers. C~ PUBLISH:'~y 2, THE ~a Ri~ray~ Sworn to and subscribed before ~e this My Commission e