HomeMy WebLinkAboutO-2002-030 ORDINANCE NO. 2002-030
AN ORDINANCE OF THE CITY OF DANIA BEACH, FLORIDA,
PERTAINING TO WATER AND SEWER SERVICES; AMENDING
SECTIONS 27-23 AND 27-55 OF THE CITY CODE OF ORDINANCES
TO PROVIDE FOR A REFUND OF DEPOSITS TO CUSTOMERS WHO
SATISFACTORILY MEET ESTABLISHED CRITERIA AND TO PROVIDE
FOR THE PAYMENT OF INTEREST ON DEPOSITS;. PROVIDING FOR
CONFLICTS; PROVIDING FOR SEVERANCE; FURTHER, PROVIDING
FOR AN EFFECTIVE DATE.
WHEREAS, Sections §27-23 (7) and § 27-55 (a) of the Code of Ordinances
require water and sewer customers, respectively, upon applying for such utility service,
to make a deposit, which shall serve to "guarantee the payment of all water and sanitary
sewer service furnished" (pursuant to Code Section 27-23); and
WHEREAS, under Sections §27-23(7) and §27-55(c), respectively, when a
request for accounts to be closed is made, a final reading of the water meter is taken to
determine the final amount due on the account for water and sewer services provided,
and the final amount due is deducted from the deposit amount, with the balance
returned to the customer in the form of a refund check; and
WHEREAS, the City has conducted a review of utility customers' records and
wishes to reimburse deposits based on satisfaction by such customers of established
criteria and to amend the City Code of Ordinances accordingly; and
WHEREAS, the City has reviewed its policy on payment of interest on utility
deposits and wishes to pay same on those deposits it otherwise retains;
E/566001:/Ordinances:/Water Deposit Refund 1
ORDINANCE NO.2002-030
NOW THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE
CITY OF DANIA BEACH, FLORIDA:
Section 1. That §27-23 (7) of the Code of Ordinances of the City of Dania Beach,
Florida, is amended to read as follows:
Sec. 27-23 Deposits to secure payment.
(7)(a) After a consumer has established a satisfactory payment record and had
continuous service for a period of 23 consecutive months, the payment of the deposit as
required under this section shall be refunded, provided that the consumer has not, in the
preceding twelve (12) months:
(i) Made more than one (1) late payment of the utility bill (after the bill has
become past due); or
(ii) Paid with a check refused by a bank; or
(iii) Had service disconnected; or
(iv) Tampered with the meter; or
(v) Used service in a fraudulent or unauthorized manner.
(b) Deposits will accrue interest at the average annual rate earned by the City on its
pooled investments. The interest will be applied to the customer utility account for which
the deposit is held, at the close of the fiscal year for each account which has been open
for a year.
(c) Upon meeting all of the criteria established under §27-23 (7) (a), the customer
shall be reimbursed the full deposit amount plus interest earned as provided by §27-23
(7) (b) via a refund check or a direct credit to the applicable account.
(d) When a requests for an accounts to be closed a-re is made, a final reading of the
meter will be taken to determine the final amount due on the account for water used.
This amount will be deducted from the deposit posted and a refund check, in the event
the bill is less than the deposit, will be mailed to the customer. No refunds for less than
one dollar ($1.00) will be issued. In the event the final amount due exceeds the amount
of deposit, a final bill will be mailed to the customer for payment.
• P/566001:/0rdinances:/Water Deposit Refund 2
ORDINANCE NO.2002-030
Section 2. That §27-55 of the Code of Ordinances of the City of Dania Beach, Florida
is amended to read as follows:
is Sec. 27-55 Deposits for sewer service.
(c) After a consumer has established a satisfactory payment record and had
continuous service for a period of 23 consecutive months, the payment of the deposit as
required under this section or Section 27-23, as applicable, shall be refunded, provided
that the consumer has not, in the preceding twelve (12) months:
(i) Made more than one (1) late payment of the utility bill (after the bill has
become past due); or
(ii) Paid with a check refused by a bank; or
(iii) Had service disconnected; or
(iv) Tampered with the meter; or
(v) Used service in a fraudulent or unauthorized manner.
(d) Deposits will accrue interest at the average annual rate earned by the City on its
• pooled investments. The interest will be applied to the customer utility account for which
the deposit is held, at the close of the fiscal year for each account which has been open
for a year.
(e) Upon meeting all of the criteria established under §27-55 (c), the customer shall
be reimbursed the full deposit amount plus interest earned as provided by §27-55 (d)
via a refund check or a direct credit to the applicable account.
(f) When a requests for an accounts to be closed a-re is made, a final reading of the
water meter will be taken to determine the final amount due on the account for water
used. This amount will be deducted from the water/sewer deposit posted and a refund
check, in the event the bill is less than the deposit, will be mailed to the customer. No
refunds for less than one dollar ($1.00) will be issued. In the event the final amount due
exceeds the amount of deposit, a final bill will be mailed to the customer for payment.
Section 3. That except as amended above, all other provisions of Chapter 27 of the
Code of Ordinances of the City of Dania Beach, Florida, shall remain in full force and
effect.
Section 4. That all ordinances or parts of ordinances and all resolutions or parts of
resolutions in conflict with this ordinance are repealed to the extent of such conflict.
R/566001:/Ordinances:/Water Deposit Refund 3
ORDINANCE NO.2002-030
Section 5. That if any section, clause, sentence or phrase of this ordinance is for any
reason held invalid or unconstitutional by a court of competent jurisdiction, the holding
shall not affect the validity of the remaining portions of this ordinance.
Section 6. That this ordinance shall be in force and take effect immediately upon its
passage and adoption.
PASSED AND ADOPTED on first reading on May 28, 2002.
PASSED AND ADOPTED on second reading on June 11, 2002.
ATTEST:
[_� L
R B RT H. CHUNN, JR.
MAYO — COMMISSIONER
CH RLENE J ON
CITY CLERK
ROLL CALL.-
COMMISSIONER BERTINO - YES
COMMISSIONER MCELYEA - YES
COMMISSIONER MIKES — OUT OF ROOM
VICE-MAYOR FLURY - YES
MAYOR CHUNN - YES
APPROVED AS TO F RM AND CORRECTNESS:
BY:
THOMAS J". AN BRO
CITY ATTORNEY
• F:/566001:/0rdinances:/Water Deposit Refund 4
ORDINANCE NO.2002-030
AGENDA REQUEST FORM
CITY OF DANIA BEACH
q ,$
AGENDA ITEM NO.
q_
1. DATE OF COMMISSION MEETING: 06/11/02
2. DESCRIPTION OF AGENDA ITEM: PROVIDING FOR A REIMBURSEMENT OF
UTILITY DEPOSIT TO EACH ELIGIBLE UTILITY CUSTOMER.
3. COMMISSION ACTION BEING REQUESTED:
Adopt Resolution or Ordinance ® Expenditure ❑ Award Bid/RFP ❑
Presentation ❑ General approval of item ❑ Continued from 05/28/02 meeting
Other(please explain) ❑
4. SUMMARY EXPLANATION & BACKGROUND:
PROVIDE UTILITY DEPOSIT REIMBURSEMENTS TO THOSE CUSTOMERS WHO HAVE
MET ESTABLISHED CRITERIA.
5. ATTACHED EXHIBITS AND ADDITIONAL BACKUP MATERIALS (PLEASE LIST):
• MEMO TO CITY MANAGER
6. FOR PURCHASING REQUESTS ONLY: Dept: N/A
7. Amount: N/A
Fund: GENERAL: ❑ WATER: ❑ SEWER: ❑ STORMWATER: ❑
Account name:—N/A Account#: N/A
Finance Director Approval: \�' Date: `/C//--0 a-
7. REVIEWED AND APPROVED FOR ADDITION ON AGENDA:
Macctotr%0 Ltvo t S
Submitted by: Date
Administr, tive Services/Risk Management Date
inn
Department Director Date
City Manager Date
applicant will be expected to pay all charges, fees and expenses incident to service to
his/her use as deemed necessary or proper by the city; including cost of construction as
incurred by the city.
(Ord. No. 30-91, § 1, 9-11-91; Ord. No. 04-98, § 4, 2-24-98)
Sec. 27-22. Sale of unmetered water and water outside city authorized corporate
limits.
(a) The city is authorized to sell water outside its corporate limits.
(b) Schedule of charges for sales and services for customers outside city limits will be
twenty-five (25) percent greater than in-city charges.
(c) The city is authorized to sell nommetered water to pest control and other such
companies. Charges for water for these companies will be ten dollars ($10.00) per truck
per fill not to exceed three thousand (3,000) gallons. Prior to filling trucks, companies
must notify the utility department and pay the fee of ten dollars ($10.00) prior to
withdrawing water. In the event prior notification and payment is not made, a penalty of
twenty-five dollars ($25.00) will be added to the fee.
(Ord. No. 30-91, § 1, 9-11-91)
Sec. 27-23. Deposits to secure payment.
With respect to premises within the city where there is a water meter, or where a water
® meter will be installed at the time of application for water service, each applicant for water
service shall pay a deposit according to the schedule below at the time that application is made
for the furnishing of water service to the premises and such deposit shall serve to guarantee
the payment of all water and sanitary sewer service furnished to the premises by the city, under
the terms of this chapter.
Schedule of deposits to secure payment.-
(1) Where sewer service is not available. All deposits for residential, multi-family,
business, commercial, sprinkler meters, and industrial users will be according to
meter size but not less than an estimated sixty (60) day average water bill, to be
determined by the utility department.
Amount
Owner of single-family residential unit . . . $40.00
Tenant of single-family residential unit . . . 75.00
Nonresidential and business:
Meter Size In Inches
5/8 . . . 75.00
1 . . . 100.00
11/2 . . . 170.00
2 . . . 410.00
® 3 . . . 645.00
4 . . . 800.00
6 . . . 935.00
(2) Where sewer service is available. All deposits for residential, multi-family,
business, commercial, sprinkler meters, and industrial users will be according to
meter size but not less than an estimated sixty (60) day average water bill, to be
determined by the utility department.
Amount
Owner of single-family residential unit . . . $100.00
Tenant of single-family residential unit . . . 150.00
Nonresidential and business:
Meter Size In Inches
5/8 . . . 150.00
1 . . . 260.00
1 1/2 . . . 440.00
i 2 . . . 640.00
3 . . . 1,005.00
4 . . . 1,245.00
6 . . . 1,465.00
(3) Deposit for fire hydrant meter:
2-inch meter . . . $500.00
Connection . . . 125.00
(4) In cases where a number of houses or premises are supplied through one (1)
meter and service, if at any time such houses or premises are sold, transferred
or otherwise passed under separate ownership, the seller shall be required to
disconnect such house or premise and have separate service and meter
installed for each separate owner.
(5) The utility department may, in its judgment, in cases of repeated delinquency in
payment of rendered bills by a customer or owner, require additional deposit to
be posted by the owner or customer; such deposit to be a sum equivalent to the
total of the past three (3) highest billings rendered in the preceding year or
fraction thereof. The utility department may, in those cases where in the
judgment of the utility department an applicant or prospective user will depart
from normal usage, require the deposit to be in the amount of three (3) times
the monthly estimated consumption of the prospective user; such estimate made
. by the utility department.
(6) Contractors and other persons will be supplied with water for temporary use, and
will be required to pay the regular guarantee of payment deposit, pay regular
charges according to meter size, pay for removal of meter and service if
required, and pay for water metered at the prescribed rate. Contractors will pay
for water metered at the designated construction meter only where there is more
than one (1) meter installed on the construction site. Water service to the
remaining meters will commence and begin to be billed upon issuance of the
certificate of occupancy or one hundred twenty (120) days after installation,
whichever is the least amount of time. Water for temporary use will not be
permitted to be taken from fire hydrants except by the city utility department,
and then only through a hydrant meter approved by the utility department.
Hydrant meters must be installed with backflow valve after April 1, 1988, on all
water connect installations. A charge of one hundred twenty-five dollars
($125.00) must be paid by the applicant for the installation and removal of
hydrant meters and in addition shall pay the meter deposit as set forth in section
27-23(3) hereinabove.
(7) When requests for accounts to be closed are made, a final reading of the meter
will be taken to determine the final amount due on the account for water used.
This amount will be deducted from the deposit posted and a refund check, in the
event the bill is less than the deposit, will be mailed to the customer. No refunds
for less than one dollar ($1.00) will be issued. In the event the final amount due
® exceeds the amount of the deposit, a final bill will be mailed to the customer for
payment.
(8) Owners of more than one (1) unit supplied by one (1) meter will be required to
post the deposit. Tenant deposits will not be accepted by the city for said
service.
(Ord. No. 30-91, § 1, 9-11-91; Ord. No. 19-93, § 3, 9-14-93; Ord. No. 02-94, § 4, 3-8-94; Ord.
No. 04-98, § 5, 2-24-98)
Sec. 27-24. Rates and charges for consumption of water.
(a) Rates and charges for consumption of water will be set from time to time by resolution
of the city commission.
(b) All water bills are due when rendered and are delinquent twenty (20) days after the initial
rendition of the bill.
(c) Partial payments not provided for.
(1) Partial payment of utility bills is not provided for by the city. However, request
may be made to the city manager or his/her designee who shall thereafter
consider the circumstances and therefore be empowered in his/her discretion, to
grant partial payments.
(2) In the event a tenant requests to pay a partial payment, before the city manager
ior his/her designee may grant approval of said partial payment, the owner or
Type of Structure ERC per Unit in Gallons
per Day
Residences
Single-family,detached,GPD each 350
Multifamily buildings,GPD per unit 250
Motel/hotel units,GPD per bedroom 150
Bedroom additions to SFE,GPD per bedroom 150
Mobile homes,GPD each 200
Restaurants
24-hour runoff,per seat(including bar) 50
Less than 24 hour runoff/seat(including bar) 30
Drive-ins,per space 15
Carry out facilities,per 100 sq.ft.floor space 50
per employee 110
In addition to seat and drive-in space charge
TABLE INSET:
Elementary High
Schools
Each pupil per day 10 15
Add for shower/pupil 5 5
Add for cafeteria/pupil 5 5
• Boarding each pupil 100 100
TABLE INSET:
Service stations
Full-service stations:
First two bays 759
Each additional bay 300
Per fuel pump 100
Self-service stations:
Per fuel pump 150
Shopping centers
Per sq.ft.of floor space(no food service or laundry) 0.1
Theaters
Indoor,per seat 15
Outdoor,per speaker 110
Warehouses
Per sq.ft.of storage space 10.1
(Ord. No. 30-91, § 1, 9-11-91)
• Sec. 27-55. Deposits for sewer service.
(a) Security deposits shall be made to the utility department for sewer services. In case of
(b) In the case of the addition or extension of sewer service to those users already supplied
by water, and who have a security deposit as in section 27-23 (1), such deposit shall be
increased by the amount necessary to meet the requirements of section 27-23 (2) as
sewer connection is accepted by the city.
(c) When requests for accounts to be closed are made, a final reading of the water meter
will be taken to determine the final amount due on the account for sewer service
provided. This amount will be deducted from the water/sewer deposit posted and a
refund check, in the event the bill is less than the deposit, will be mailed to the
customer. No refunds for less than one dollar ($1.00) will be issued. In the event the
final amount due exceeds the amount of the deposit, a final bill will be mailed to the
customer for payment.
(Ord. No. 30-91, § 1, 9-11-91; Ord. No. 19-93, § 5, 9-14-93)
Sec. 27-56. Rates and charges for sewer service.
(a) General. Rates and charges for sanitary sewerage disposal service will be set from time
to time by resolution of the city commission.
(b) Due dates of sewer bills. All sewer bills are due when rendered and are delinquent
twenty (20) days after the initial rendition of the bill.
(c) Reduction in.rate for laundromats. Due to the evaporation, rate, commercial laundries
and laundromats will receive a reduction of ten (10) percent in their sewer charge.
• (d) Sprinkler meters; no charge. When a separate water meter is installed for the sole
purpose of irrigation of lawns or gardens, and no sewer connection exists, no sewer
charge shall be imposed for such use.
(e) Adjustments in special cases. The city manager shall have the right to make
adjustments in special cases where it has been determined that large quantities of water
supplied did not flow into the sewer system, such as the filling of a swimming pool or
other similar isolated occurrence, but shall not apply to ordinary circumstances as use of
water for lawn sprinkling where no separate sprinkler meter exists. In no event shall the
basic minimum monthly charge be reduced or eliminated.
(f) Abatements or deductions in meter readings. No abatements or deductions on sewer
service shall be .made or allowed except for errors in water meter readings on which
such charges are based, or inaccuracies in the registration of any water meter, or in the
event of an error on the part of the utility department in the making of a charge or in the
amount thereof, and then providing that any and all applications or requests for refunds
or adjustments of sewer charges be made not later than sixty (60) days from and after
September 30th of each fiscal year, with such refunds or adjustments limited to charges
made and paid during that fiscal year.
(g) Abatements or deductions in accounts for other than sewer service. No abatement or
deduction on any bill, account or charge rendered or made for sewer service of any kind
will be allowed, unless and providing that any and all applications or requests are filed
no later than sixty (60) days from and after September 30th of each fiscal year, with
such refunds or adjustments limited to charges made and paid during that fiscal year.
SUN- SENTINEL
PUBLISHED DAILY
FORT LAUDERDALE, BROWARD COUNTY, FLORIDA BEFORE CITY OF HEARING
CITY OF DANIA
BOCA RATON, PALM BEACH COUNTY, FLORIDA BEACH, FLORIDA, RE-
MIAMI MIAMI DADE COUNTY FLORIDA CARDING ADOPTION of
, r THE FOLLOWING PRO-
POSED ORDINANCES: .
NOTICE IS HEREBY GIVEN
that the City Commission
STATE OF FLORIDA of the City of Dania Beach,
Florida,on June 11,2002,
COUNTY OF BROWARD/PALM BEACH/MIAMI DADE at 7:00 p.m. or as soon
thereafter as the matter
BEFOR Z,411�NED AUTHORITY, PERSONALLY APPEARED may be heard, will con-
duct a public hearing in
the City Commission
WHO, ON OATH, SAYS THAT Chambers of the Dania
Beach City Hall, 100 West
HE E A DULY AUTHORIZED REPRESENTATIVE OF THE CLASSIFIED (Dania Beach Boulevard.
Dania Beach; Florida to
PARTMENT OF THE SUN-SENTINEL, DAILY NEWSPAPER PUBLISHED consider the proposed
IN BROWARD/PALM BEACH/MIAMI DADE COUNTY, FLORIDA, AND THAT THE adoption of the following
;Ordinances erititled:
ATTACHED COPY OF ADVERTISEMENT, BEING A: ;AN ORDINANCE of THE
.CITY OF DANIA BEACH,
FLORIDA,AMENDING SEC-
JUNE 11 MTG TIONS 4-18 AND 4-18.1 OF
THE CITY CODE OF ORDI-
NANCES TO CHANGE THE
IN THE MATTER OF: TIME AT WHICH ALCOHOL-
IC BEVERAGES MAY BEGIN'
TO BE SOLD ON SUNDAYS,'
BY ALLOWING SUCH:
June 11 2002 mt9 SALES TO BEGIN AT NOON
INSTEAD OF 1:00 P.M.;
PROVIDING .FOR CON
IN THE CIRCUIT COURT, WAS PUBLISHED IN SAID NEWSPAPER IN THE FLICTS; PROVIDING FOR
SEVERANCE; FURTHER,
ISSUES OF: PROVIDING FOR AN EF-
FECTIVE DATE.
AN ORDINANCE OF THE
5/31 10922492 CITY OF DANIA BEACH,
FLORIDA, PERTAINING T0.
WATER AND SEWER SER-
AFFIANT FURTHER SAYS THAT THE SAID SUN-SENTINEL IS A NEWSPAPER VICES; AMENDING sea;
TIONS 27-23 AND 27-55 OF
PUBLISHED IN SAID BROWARD/PALM BEACH/MIAMI DADE COUNTY, FLORIDA, THE CITY CODE OF ORDI--
NANCES TO PROVIDE FOR:
AND THAT THE SAID NEWSPAPER HAS HERETOFORE BEEN CONTINUOUSLY A REFUND OF DEPOSITS,
• CUSTOMERS WHO SAT-'
PUBLISHED '
D IN SAID BROWARD/PALM BEACH/MIAMI DADE COUNTY, FLORIDA, T ISO CUSTOM
MEET ES-',
EACH DAY,AND HAS BEEN ENTERED AS SECOND CLASS MATTER AT THE TABLISHED CRITERIA AND,
TO PROVIDE FOR THE PAY-s,
POST OFFICE IN FORT LAUDERDALE, IN SAID BROWARD COUNTY, FLORIDA, MENT OF INTEREST ON DE-
FOR A PERIOD OF ONE YEAR NEXT PRECEDING THE FIRST PUBLICATION OF CONFLICTS; PROVIDING,
ATTACHED COPY OF ADVERTISEMENT;AND AFFIANT FURTHER SAYS THAT FOR SROVIDI G FUR-:
THER, PROVIDING FOR AN
gg�
HE/SHE HAS NEITHER PAID, NOR PROMISED,ANY PERSON, FIRM, OR EFFECTIVE
FFECTI fEtDATEA copy hese propdsedt
CORPORATION,ANY DISCOUNT, REBATE,COMMISSION, OR REFUND, FOR THE Ordinances are on file inr
PURPOSE OF SECURING THIS ADVERTISEMENT FOR PUBLICATION IN SAID the office of the City-
Clerk, City Hall, 100 West
NEWSPAP Dania Beach Boulevard,'
Dania Beach, Florida,and
may be inspected by the
public during normal
(SI ATURE OF AFFIANT) working
gte partiesmayap-
pear at the aforesaid
meeting and be heard)
SWORN TO AND SUBSCRIBED BEFORE ME with respect to the pro-i
posed. Any person who
ON: 31-May-2002 A.D. decides to appeal any de-
cision made by.the City
Commission with respect
to any matter considered
at this hearing will need a
record of the proceedings
and for such purpose may
(SIGNATURE OF NOTARY PUBLIC) need bo ensure that ver-
batim record of the pro-
Tara L.Bezak ceedings is made, which
record includes the testi-
:.= tw COMMISSION# DD024939 EXPIRES mony and evidence upon
July 20,2005 which the appeal is to be
�oraFUn1eUTRGYFAM nuU..QANC:,lr4c based.
In accordance with the
American with Disabilities
Act, persons needing.as-!
(NAME OF NOTARY,TYPED, PRINTED, OR STAMPED) sistance to participate in r
any of the proceedings.
should contact Charlene
PERSONALLY KNOWN OR Johnson, City Clerk, 100
West Dania Beach Boule-
vard,Dania Beach,Florida
• PRODUCED IDENTIFICATION least
(hou prior 22 at
least 48 hours prior Lo the
meeting.
-" '-- /s/ Charlene Johnson,
CIVIC
` City Clerk
May 31,2002
?-002
i