40-90 ORDINANCE NO. 40-90
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF
DELRAY BEACH, FLORIDA, AMENDING TITLE V, "PUBLIC
WORKS, CHAPTER 51, "GARBAGE AND TRASH", BY ENACTING
A NEW SECTION 51.76, "ANNEXATION, UNBILLED PROPER-
TIES; REMEDIAL PROVISIONS", TO PROVIDE FOR BILLING
OF ANNEXED PROPERTIES AND PREVIOUSLY UNBILLED
PROPERTIES, PROVIDING A SAVINGS 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 Title V, "Public Works", Chapter 51, "Garbage
and Trash, of the Code of Ordinances of the City of Delray Beach,
Florida, be same hereby by enacting a new
and
the
is
amended
Section
51.76, "Annexation, Unbilled Properties; Remedial Measures" to read as
follows:
Section 51.76. Annexation, Unbilled Properties; Remedial
Measures
(a) Dwelling units serviced by contractor, which were annexed
into the City prior to October 1, 1989 shall be added as
additional units and the contractor shall be compensated
for the services provided to the annexed units from
October 1, 1989 through September 30, 1990 to the extent
that the City is able to bill and collect for the
services provided. The above described annexed units
shall be added to the monthly billing statement, provided
by contractor effective October, 1990. Each successive
year, the contractor shall be allowed to add annexed
dwelling units for the previous fiscal year.
(b) The contractor is entitled to payment for services
rendered to properties for each dwelling unit within the
City. If it is discovered that dwelling units have not
been billed for services rendered, then the City shall
bill for the total of all monthly service charges due,
retroactive to the date services started or the beginning
of the fiscal year, whichever date is later. Thereafter,
service charges for such units shall be billed monthly as
provided in Section 51.71. The City shall compensate its
contractor for service to previously Unbilled units
discovered between October 1, 1989 and September 30, 1990
to the extent that the City is able to bill and collect
for the services provided.
(c) Dwelling unit is defined in Section 173.001, "Defini-
tions'', of the Code of Ordinances of the City of Delray
Beach or as described in Section 1.4.5, "Definitions" of
the Land Development Regulations of the Code of
Ordinances of the of Florida.
City
Delray
Beach,
Section 2. 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 3. 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 upon
passage on second and final reading.
PASSED AND ADOPTED in regular session on second and final
reading on this the llth day of Se t__~_~ 1990.
ATTEST:
p
City Clerk ~ Y /
First Reading August 28, 1990
Second Reading September 11, 1990
2
ORD. NO. 40-90