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HomeMy WebLinkAboutO-1952-281 IORDINANCE NO. •� �'� _ AN ORDINANCE RtGULA'PINO Tfii,: SALE AN-D DIS- TRIBOTION OF WATER FURNISHED TO OWNERS AND CONSuMi� RS OF T.iE CITY OF DANIA: REGU- LATING THE RATES THEREFOR: PROVIDING THE PENALTIES FOR VIOLATION THEREOF: CREATION OF LIENS FOR PAST DU3 AND UNPAID ACCOUNTS: REPEALING ALL OTiDINANCES OR PARTS OF ORDINANCES IN CONFLICT HEREWITH. BE IT ORDAINM BY THE CITY COMMISSION OF THE CITY I OF DANIA, FLORIDA: Section 1: That the fol].owin rules and regulations i for the sale and distribution of water by the City of Dania, i jand rates to be charged to the consumers for water contained i in Paragraph A to Paragraph^ , inclusive, in this section are hereby adopted and promulgated and shall hereafter be observed by the City of Dania and by consumers of water supplied by I said City. %! PARAGRAPH "A"- DEFINITIONS Water Department. 1. The word "Water Department" appearing herein I means the Water Department of the City of Dania, Florida. Owner. i 2. The word "Owner" appearing herein means the per- son, firm, corporation, association, occupant or tenant having i, 1 an interest, whether legal or equitable, sole or only partial � in any premises which is, or is about to oe, supplied with } water by the Water Department and the word "Owners" means all interested. Consumer. I 3. Where the word "Consumer" As used is understood i '. to mean party, person, firm, corporation, or association using water in any premises supplied by the Water Department I Territory. j 4. The word "Territory" means, as used herein, the i territory supplied by the Water Department. ! I-1- s J PARAGRAPH "H" - SCH.I)ULL OF RITES i 1. The water rates and charges to be made by the City of Dania for water supplied by it, shall be as follows: i i (a) A minimum charge of z4;2.00 shall be made against any connected service for each month' s service connection, which charge shall cover all water used by the consumer up to 5, 000 gallons. Said minimum charge of 4p2.00 shall be made for any period less than a month as well. (b) All water over 5,000 gallons used by the consumer in any one month period shall be charged and paid for at the rate of 20 cents for each additional 1,000 gallons used Each Month a Complete Period. 2. On all water supply service each and every month shall be a complete period in itself, and no excess consumption of water during one month period shall be charged against the minimum service charge or be added to the consumption of any other month perid or periods. jTapping Charge. 3. Upon the application of the owner or consumer for water service on premises to which there has not been made any jprevious service for water, the following tapping charges shall be made to cover the cost of the tap and the installation of I the service to the property line of the lot to be supplied with lllii water service: 3 4" to 2" tap and service :gyp �.50 I 2" to 4" If " if1 .00 I +i Meter Charge. 4. Every applicant for water service at a location i I where water service has not previously been furnished shall be assessed and shall pay a meter charge in accordance with the following schedule: 5r8" vP25.0O Nye sad 1 ' 38.00 55.00 l " 75.00 2" 100.00 -2- PARAGRAPH °C" i 1. In cases where a number of houses or premises are supplied through one meter and one service, if at any time one or more of said houses or premises are sold, or transferred, or otherwise passes under separate ownership, the owners shall be required to disconnect such house or houses and have separate meters installed for each separate owner. ' Stand-By Charge. i i 2. Every person, firm or corporation who maintains a private water system and utilizes the water service of the City on a stand-by basis, only, shall pay the following charges ; 1 Residential user � 2.00 monthly Commercial or industrial user a010.00 monthly PARAGRAPH "D" - APPLICATION AWD CONTRACT Where Made. 1 y I 1. All applications for water supply service must i I I j be made at the office of the Water Department in the City of Dania, Florida, on a blank prepared by the Water Department for that purpose. i By Whom Made. 2. The owner or owners of the premises proposed to be connected for water supply service, or his or their agent { thereunto duly authorized in writing, must sign the application for service pipe and water supply, except as hereinafter pro- vided. 3. Such application becomes a binding contract upon both the owner and the Water Department when the service con- nection for water supply service applied for has been installed I and completed. Prior to the installation and completion of such service connection, the owner may cancel or withdraw the application made, upon his written order so to do, after pay- ment to the Water Department of the actual expense not less than One Dollar (jp1.00) incurred by the Water Department in connection therewith. I I-3- I i L� I Term of Contract. i 4. All contracts for water supply service shall ex- pire at the end of the next succeed_ng calendar month from date of application, but all contracts shall continue in force by renewal without act or notice from either party to the other, from month to month unless ten (10) days notice in writing is given by either party to the other of a desire to terminate the contract at the expiration of the then calendar month, and the charging for and payment of water rates in any manner, and at any interval or period, shall not be construed as altering the period of the contract or any renewal thereof under this rule. 1 Change of Ownership or Occupancy. I $. In the event of any change in ownership or occu- nancy of any nrerii.ses connected to the system, the Water Depart- ment shall be immediately notified in writing of such change, giving in such notice the name and address of the new owner or occupant. In the absence of such application by such new owner or occupant, the use of the Water Department service made, at jthe option of the Water Department, be taken and construed to j be an acceptance by such new owner or occupant of all the con- tract obligations of the preceding owner with and to the Water Department. In the event any owner !'ails to notify the Water Department, in writing, of a change in ownership or occupancy of any premises for water supply service, such owner shall con- tinue to be liable to the dater Department for all rates and charges accrued and accruing for such service until either the and of the contract period, in which he may later notify the 1 Water Department of his desire to cancel, or the Water Depart- ment shall, of its own volition, have cancelled the contract i with said owner, but this clause shall not preclude the Water Department from also demanding from the new owner or occupant the payment of all or any charges and rates which shall, at the time of such demand, be unpaid or unsecured, without regard to whether the same accrued prior or subsequent to such change � I I A Ifl { I 1 in ownership or occupancy, and upon failure of such new owner to comply with such demand within twenty-four (24) hours after j written notice thereof, the dater Department shall have the i j ri ht to shut off the water supply and discontinue its service. iIn no case of change or ownership shall the preceding owner or owners be released from any contract obligations to and with the Water Department until the expiration of trie contract period, i properly terminated in accordance with this Ordinance except at i the option of the Water Department, evidenced by a written re- lease from the Water Department. 6. When application for water supply service is made, the service together with the charges and rates therefor, shall begin on the date of the completion of the service connection i by the Water Department, unless the owner shall state in writing • 1N in the application that said service connection shall be shut off immediately upon its installation in which event the said i' connection shall be shut off, and shall thereafter be turned on by the Water Department only upon the request, in writing, of the owner and the charges and rates for water supply service shall commence from date of such turn-on in accordance with this i Ordinance in every respect as thoq�,,h such turn-on request had i been an original application. Whenever, in a case as herein- above provided, there shall have been a change in ownership prior to the turn-on of the service cunnection, the new owner must sign the application for water supply upon the regular I form. PARAGRAPH °E° - CANCL,LLATIUN OF CUNTRAC'TS A1VD DIS- CONTIvUANCE OF Sh4VICE BY THE WATER DEPARTi',I:NT. j All contracts shall be subject to cancellation and r j service thereunder discontinued by the Water Department; (a) For misrepresentations or concealment in the J application as to the premises or fixtures to be furnished with water supply service, or ti,e use to be made of such service. t i i (b) For waste or excessive use of water through improper I or inipei-fecb pipes, fixtures or appliances, or in any other manner. �- L� ! (c) For refusal or neglect to comply with any re- quirements of the Water Department as to meter or service con- nection maintenance, alteration or renewal or other requirement I relating to the water supply service of the Water Department. (d) For the use of water supply service for or in connection with or for the benefit of an other y premises or i purpose than that stated in the application. I (a) For any interference or tampering, whether by act of commission or omission, with the meter measuring the water supply, or with seals of any meter, or with any meter box , or vault, or with service pipes, or valves of any seals thereon, or with any appliance of the Water Department or with any appliance of the owner, which was or is required by the Water Department for controlling or regulating the water supply ser- vice, or who shall make or cause to be made any connection with Iany main service pipe or other pipe, appliance or appurtenances i used for or in connection with the Water Department of the City of Dania in such manner as to supply water from such connection i to any faucet or other outlet whatsoever without such water passing through a meter or other measuring device used by the Water Department for measuring and registering the quantity so j 3 passing through, or shall make or cause to be made without the i written consent of the Water Department any connection with any main, pipe, service pipe, or other instrument or appliance in such manner as to take used or waste water, or shall make or cause to be made any connection with any premises or buildings i i other than the premises or building intended as stated in the application for service to be served by such water connection, i or with intent to defraud the Water Department, and for the j purpose of this regulation and interference or tampering with 1 any appliances used in connection with or for controlling or regulating the water supply service to any premises, shall be construed and taken to be the act of the owner or consumer using 1 water service at said premises. I i I I L� -1 (f) Where there has been a change in the ownership I of the premises, but no application from the new owner or owners i has been made and approved by the Water Department. i (g) Wherein the owner or consumer refuses or neglects i I j payment of bill, account, or charge, by whomsoever incurred, for ior on account of the premises where said water supply is fur- nished. I i (h) Where the Water Department has been or is being i i defrauded in any way. (i) Where the contract has been in any way terminated 1 by the owner. (j) The violation of any rules of the Water Department. PARAGRAPH "F° - TAPPING, MAIN6, SERVICE PIPES AND CONNECTIONS. j 1. The Water DeFa rtment shall lay the service pipe to the property line of the owner who has signed a contract for a water service provided the property line or lines correspond to I such lot lines as are dedicated and recorded in some subdivision plat. In other words, the Water Department shall not run ser- vice connections into lots or harts of lots that have been di- vided and no provisions for easements or alleys have been madd for water supply lines and recorded. 2. In case the service supplying a house or building I I is found not to be large enough due to additions to the building or an increase or change in the number of fixtures, the Water i Department will make the larger tap and install the larger ser- vice upon the payment of the tapping charge for the size of the i new service. No credit will be given for the service already in place that is found to be insufficient in size. 3. The owner shall be required to place a gate valve i on the service between the building and the meter box so the supply may be turned off by the owner in case of a break or re- pairs being made in the building. -7- I ! I i i i j Size of Service Connection Prescribed. 4. The Water Department in every instance reserves I the right, at its option, to designate and prescribe tha size i j of a service connection, either upon original installation of a new connection, or upon any renewal or replacement of any old i connection and in any case, where a size of service other than I that applied for by the owner, or previously existing, is so designated and prescribed by the Water Department, the owner shall be bound thereby. Other Requirements Relating to Service. 5. The Water Department reserves the right, at its option, where and when, in its discretion, the conditions may or might require it, ht any time to require any owner to install 1 on his service connection a tank, check valve or valves, cock 1 or gate valve, pressure regulator or other appliances, apparatus or equipment of such type and design as is approved by the Water Department and thereafter to require any change, alteration, i substitution or addition of and to any such tank, etc. , as afore- said, and failure upon the part of the owner to comply with such ) requirements of the Water Department within thirty (30) days •.. after written notice to the owner, or within some agreed ex- tension beyond such thirty (30) days also in writing shall 1 ! i authorize the Water Deportment at its option, and without further notice, to cancel the contract for such service and discontinue same. PARAGRAPH "G" - METERED WATER SUPPLY Srs'RVICE z 1. All meters over top - " - - ` shall be furnished by th ; consumer and all meters shall be installed i by the Water Deoa.rtment upon the application of any owner or I responsible party paying the minimum service charge as hereto- fore provided, and all meters furnished and/or installed shall I be and remain subject to the absolute and exclusive control of the Water Department. 1 ! I i j 1 2. In every instance of metered water supply service, { the owner shall provide and maintain a location for the meter, i acceptable to the Water Department. When any meter has once been placed, its position shallnot be changed, except by the Water Department with its consent and at the cost of the owner, and in the event any owner makes any change in his premises, which in the discretion of the ":later Department requires any change in the location of position of the meter or meter box, such change in location or position shall be made by the Water Department at the cost and expense of the owner. Repairs, Renewal and Replacement of 1ieters. i - i 3. Repairs, renewals and replacements of water meters and meter boxes with connections and appliances, shall be made by the Water Department and the cost of all repairs, and all i repairs on meters e - shall be charged and paid by the consumer. i Reading of Meters. i 4- Readin;; of meters shall be made monthly. PARAGRAPH "H" - TESTING AND CHANG.ENG 1i�STLRS 1 1. All meters shall be carefully tested before they are installed, and after their installation they shall be tested i as frequently as circumstances seem to the Water Department to i warrant. Should the owner, at any time, question the accuracy of the meter on his service, the Water Department shall, upon his written application, accompanied with a payment of One Dollar (N1.00) for each meter in question, to cover the cost of i test thereof, remove the meter and test it in the presende of the owner or his authorized a,rent, if such presonce is desired by the owner. If the test shows that the meter has been over- registering more than two percent (2jo) , the one dollar for each so paid shall be returned to the owner, and the bill rendered, i based on the last reading of such meter or meters, shall be corrected accordingly. If the test shows that the meter is not over-ragistering more than two percent (2%) as aforesaid, the I i -9- h I t {{I Il l one dollar paid by the owner shall be retained by the 'crater Department and in addition thereto, if the test siiows that the { meter has been under-registering more than two per cent (21/0) the bill tendered, based on the last reading of such meter or meters, shall be corrected accordingly. The Water Department j reserves the right to remove and best any meter at any time, and if such meter is found to be inaccurate, to substitute I j another meter of the same size in its )lace, either permanbntly or temporarily. In the event of such test as last mentioned, the Water Department further reserves the right to .make any correction in the bill rendered based on the last readin- of i such meter, in accordance with the result of such test. i 2. The quantity of water recorded by the meter shall i be conclusive on both the owner and the Water Department ex- cent when the meter has been found to be defective, or ceases to register. In case the meter has been found to be defective or has ceased to register, the quantity of water supplied since 1 the last reading shall be determined by the average registration of another meter for a period of twenty (20) days, or of the , off same meter for a like period after it has been repaired and tested, or by mutualagreement the quantity of water supplied may be prorated upon the previous corresponding period from the date of the last reading preceding the time the meter has I been or become defective or has failed to register to the time I such meter is repaired or replaced. 3. The owner of, or consumer at every premise shall pay to the Water Department the sum of Five Dollars (g5.00) for i each and every time the seal on any meter or its coupling on i or for such premise is found broken or removed, the Water De- partment hereby reserving the right to out on such seals in or i for any premise at any time, and upon the second occurence of i such offence, the Water Department, may, at its option, shut i off the supply and discontinue its service, and may further I refuse to again turn on the sane and resume its .service to such j -10- i i premises, so long as the owner of or consumer at the premise i at the time of the breaking or removal of such seal shall con- tinue to be the owner of or consumer at the premise. PARAGRAPH "I" - PAYNENTS i 1. Payment of all bils and accounts of the Water Department must be made at the office of the Water Department in the City of Dania. Water service will be discontinued with- out further notice on all accounts not paid within fifteen (15) days of the date of the bill. 2. The date of cancellation by post office depart- ment shall be taken as the date of payment for all remittances by mail for bills and accounts due the Water Department. PARAGRAPH "J" - ABAM,,'EN'T AIM REFUNDS 1. No abatements or deductions on metered service charges shall be made or allowed, except for errors, in meter i readings on which such charges are based, or inaccuracies in the registration of any meter or in the event of error on the part of the Water Department in the making of any charge or in i the amount thereof, and then only provided claim for such abate- ment or deduction is made in writing within ten (10) days after the date of the rendition of the bill or account in dispute. Other Bills, Accounts or Charges. i 2. No abatementsor deductions on any bill, account or charge rendered or made by the Water Department for any ser- vice or purpose other than metered service, will be made or l allowed, unless and only when claim for such abatements or de- duetions is made in writin- within ten (10) days after the date i of the rendition of the bill or account in dispute. i No Abatement for Leaks, etc. 3. Under no circumstances will abatements, allowances, jdeductions or refunds be made on actual or alleged excessive metered water supply service bills, accounts or charges, for or on account of water used, lost or wasted through leaks, care- . -11- 1 lessness, neglect or otherwise, after the sa:ue has passed through the meter. PARAGRAPH "K" - DLLINQUMTT ACCOUNTS 1. All bills and accounts rendered and charges made i iby the Water Department which are in arrears as provided in these i rules, shall be termed delinquent accounts. All Other Delinquent Accounts, 2. All delinquent accounts, including metered water supply service may cause the service of Water Department to be I discontinued and the water supply to be shut off from and to the i premises of the owner or consumer from whom such account is in arrears, immediately upon such accounts becoming delinquent or as soon thereafter as practicable, without notice, and such serv- ice will not be resumed and the water turned on to such premises j until the amount of the delinquent account and the sum of One Dollar (�1.00) for turning on the supply to each premises so shut off, has been paid. 3. When an owner or consumer vacates or sells property leaving a delinquent bill against such property vacated or sold, I the Water Department may, at its option, refuse service on any other service the same owner or consumer may be using or intends to use in the future until the date the original delinquent account I is paid regardless of whether the other accuunts of the owner or jconsumer are in good standing or not. i Creation of Liens for Past Due and Unpaid Accounts. 4. When water is furnished to the owner, occupant or occupants of premises, the charge for such water service shall be and constitures a lien against the premises and shall :)ecome i effective and binding as such lien from the date upon which the j acco:mt becomes due, unpaid and in arrears. Liens ac :rued as set a � out in this paragraph shall be of the same dignity as liens acquired by virtue of city charter. The remedy provided in this paragraph ' i i jshall be cumlative and shall not be construed to waive the right jof the city to require payment of any bill in arrears before re- newing water service to the premises in question. I -12- 1 PARAGRAPH "L" - TURN-ON AND SHUT-OFF 1. The Curb Cock on any and all service connections 1 shall not be in any way used by the owner, his employees or agents for turning on or shutting off the water supply. All such j turning on or shutting off the water supply by the owner shall be j i made with a separate stop-cock, located or to be located on the house side of the service curb cock. All turning on or shutting off of the water supply at and with the curb cock shall be done exclusively by the Water Department. 2. A violation of Paragraph "L", I of this Ordinance upon the part of the owner, his employees or I agents, shall subject the owner or consumer to a 'penalty of Five Dollars (%p5.00) for the first offence and upon the second offence the Water Department may at its option discontinue the service and shut off the water supply to said premises so long II as the owner or consumer continues to reside at said premises. i Charge for Shut-Off and Turn-On. 1 j 3. There shall be no separate charge made for shut- ting off the water supnly to and for any premises, but in every instance when such shut off was originally made for non-payment 1 of any delinquent account or any other violation of any rule I 1 of the Water Department a � 1.00 turn-on charge shall be collect- ed, also in cases where the same person requires a turn-on at a service where the last out off had been in his name a y111.00 turn-on fee shall be collected. I 4. All requests of the owner or consumer for shut- off or turn-on of water supply shall be made to the Water Depart- ment i ment in writing on forms prepared for that purpose. i Accidents, Breakdown, Etc. 5. In case of accidents, breakdown, shortgage of water i supply or any causes beyond its control, or because of any act or omission on the part of the City or Water Department, or their agents, or any of them or in case of the making of repairs, re- newals, or replacements, the Water Department reserves the right to shut off the water supply from any one or any number of prem- ises without notice, and shall in no manner be held responsible for any consequences of such shut-off. i ! � i Notice of Shut-Off. 6. The Water Department will give notice in the manner j i deemed in its discretion to be most effective, of any shut-off of the water supply wherever and whenever the giving of such notice i j is practicable, but nothing in this Ordinance shall be construed to require the giving of such notice under any circumstances. Shut-Off Not Cause for Abatement or Refund. 7. The shutting-off of the water supply from and the discontinuance of service to, any premise or premises for any i cause shall not entitle the owner to any abatement or deduction I in or from the water service charges, nor to any refund on any I such charges paid in advance, durinn or for the time of such I shut-off unless such period of shut-off continues and extends i into the next fiscal month followin;-; that in which such shut-off i was made. 1 A j PARAGRAPH "M" - LEAKS AND WASTE. i 1. It shall be the duty of every owner, his agent or I tenant, to at all times exercise due diligence to prevent the f I i waste of water, and to this end shall immediately stop all leaks i on his premises, and shall notify the Plater Department promptly { of any leak discovered other than upon his premises, thus to ? enable the prompt stopping thereof. 2. Persisting in any wilful waste, or neglect to promptly stop water through leaks on part of any owner, his agent or tenant, shall be sufficient cause to authorize the Water De- partment to discontinue its service and shut off the water supply from and to the premises in question, without notice . I When Turned On. Again. i 3• Whenever the water supply to and for any premises j has been shut-off because of leaks or waste as in this section i ! provided, the same shall not be turned on again until all cause or causes for shut-off shall have been remedied or removed, and I until satisfactory assurance shall be given to the Water Department that the condition causing the shut-off will not again exist by the owner, or his agent or tenant, and the sum of one Dollar ($1.00) shall have been paid to the Water Department to cover the cost of again turning on said water supply. ` PAIVIVPH nNrr - GENd TLAL 1. Each -and every owner will, be held fully responsible and liable by and to the Water Denartment for all that is done or omitted on, or about any premises by any agent or tenant or other persons not in the employ of the Water Department, who may gain access thereto. 2. The tenant in or upon any premises of any owner, shall at all times and for all purposes connected with or arising from the Water Department's water supply service to and for such premises except the making of the original application for water supply service pipe and contract, be taken and construed to be the properly constituted went of the owner. SERVICE OF NOTIOSS: 3. Any notices, as prescribed herein, shall be deemed to have been properly service if left upon the premises of the owner or if mailed to the owner, directed to, or left at his address as shown on records of the Water Department. All notices of a general character, affecting or likely to affect more than one owner, if reo_uired by these rules to be given, shall be deemed to have been oronerly given or served if advertised at least once in one of the weekly newspapers. AMENDMENTS 90 RATES AND RULES. 4. Each and every addition or modification, alteration or amendment to and of any of the rates or rules of the 'rlater Department , shall be and become binding upon, and shall form a part of the contract with each and every owner, upon the expiration of thirty (30) days' notice thereof in writing, to each and every owner affected thereby unless and except any such addition or modification, alteration or amendment is by this ordinance provided to be and become nthenaise effective and binding on every such owner, or any or more thereof. Rates and Rules Part of Contract. 5. All of the foreooinF rates ar.6 roles shall be considered and taken to be a hart .of !'.he contract, so far as the same may l5 - I F7 be applicable to the class of service covered by and included in such contract, with every owner or consuml,r who shall make appli- cation for the water supply service of the icater Department or whose premises are furnished with, or are connected to the system of the Water Department for such service, and every such owner jshall be considered as having, and be taken and construed to have expressed his consent to be bound thereby whenever application for such water supply service is made, or so lone as the premises of any such owner are furnished with, or are connected to the system of the Water Department for such service. Section 2; Any person, firm or corporation, found guilty I of violation of any of the foregoing rules and regulations of this i ordinance or who shall fail to observe any of the foregoing regu- lations, or who shall take and use water of said City without paying therefor in accordance with Section one hereof, or who shall connect his premises with any water main, or water pipes, of of said -4ater Department, shall be saidCity without the permission I g Two Hundred Fifty Dollars (40250.00) punished by a fine not exceedin s or both, in the or imprisonment not exceeding ninety (90) da Y discretion of the Municipal Judge. { Section 3: All ordinances and/or all parts of ordinances in conflict herewith are hereby repealed. 1 Section 4. The invalidity of any section or paragraph of i this ordinance shall not affect the validty of any remaining sec- tion hereof. Section 5. This ordinance shall be in force and take effect immediately upon its passage and adoption. PASSED MID ADOPT on First reading this �� day of A. D. , 1952• PASSED. AND ADOI'TLD on Second reading this day of A. D. , 1952. this 5 day of PASSED AND ADUPTiD on Third reading � A. ll. , 1952. 11ayo -Commissioner I I ATTEST: j City erk and Auditor -16- f j _.