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O#80 ORDi~[ANCE ~0. 80 AN RDi~AI~CE PROVIDI~G-AND ADOPTI~G RULES, PLiTES AND REGU~T!0NS FOR THE GOV~:R!~I~T~'~ ~ OF THE ~ITER DEPARTUrE'IrT OF THE T0iYN OF BOYNTON, PAL}¢~ BPIiCH COUt~T¥, FLORIDA PROVIDII~G PENAL~ FOR ~fi0L'~TION FOR T>~0F. BE IT ORDAIz~D BT the Town Comnaission of the Town of Boynton, Palm Beach County, Florida: That the following rules, rates and regulations governing the ~ater Department of the Town of Boynton, Palm Beach County, Florida b~ and they are hereby adopted and ordained and shall become· effective on and after J~ anuary 1st, 1927. ARTICLE i - DEFI~ITI 0NS SUPERINTE~DENT Section A. The Board of Town Commissioners shall aoooint~ ~ a Superintendent of the ~fa~-~ ~- Department herein after called the Superintendent who shall serve during the pleasure~of the Board of Towm CommissionSrs · and whose duties it shall be to have charge of the ~fater Department and distribution and supplying water to the inhabitants of the said To~,,rn of Boyn~on and such other persons finns and corporations outside of the Corporate Limits of said To'~m of Boynton as the Board of Town Commissioners may grant permission to sue water supplied through the To~m of Boynton water mains. The Superin- tendent sna=l perform such other duties, as may be pre- scribed by the Board of Town commissioners and as pre- scribed by Law. ~A~EE COL,~Cm0R 3,0 Section B. The Board of Tovm Commis~ oners shall appoint a ~fater Bollector hereinafter called the ~fater Collector who shall serve druing the pleasure~:~of the Board o£ Town Commissioners and whose duties it shall be to have charge of the V~'ater Office and collection of all accounts of said ?~ater Department. Said ~?ater Collector shall file a bond in the sum of Five Thou- sand ($5000.00) Dollars conditioned upon the faithful performance of his or her duties and the accounting of all of the funds of the Town of Boynton which may come into his or her hands. Surety on such bond to be approved by the Board of Town Commissioners. Said t~'ater Collector in addition to other records shall keep a record showing the names and collections of all consumers and accounts with them for water, labor and material furnished. All funds received by the ~ater Collector shall be paid over to the Town ~reasurer and receipts of Town Treasurer taken there- fore. 0Wh~ERS Section C. Owner as used in this Ordinance shall mean to include individuals, firms, or corporations having an interest, whether legal or equitable, sole or only partial in any premises which is, or is about to be supplied with water by the ?~'ater Department, and the wo~d Owners-means all interested. C 0~ SU~ER Section D. Consumer aS used in this 0~dinance shall mean to include individuals, firms, or corpora- ~ions using water in any premises supplied by the Water Department. ARTICLE 2 - RATES Section A. Every metered water supply service shall have a quarterly~minimum demand charge or rate on each service installed, varying with and based upon the size of service pipe required and installed in accordance witiu the rules of the Commission. ~ais minim~n demand charge shall be in accordance with the following schedule and shall entitle the consumer, with- out excess charge, to have supplied through the meter the number of gallons of water set forth in the table. M.N~NU~ DE~ND CHARGE AND V~TER A~D WITHOUT ~J~ESS Service ~in. Quarterly -~4mount of water allowed Demand Charge. per Qtr. for Min. Charg~e. 10,000 Gallons Domestic ~4.50 Commercial or V~,olesale Rates 49.50 ~50,000 ~ The meter rate for water supply service in excess of the amount allowed per quarter for the minimum charge shall be in accordance with the following meter rates for D0~STIC EETERS. Next 30,000 gals. per qtr. @ ~ .30 per 1,000 gals.. Next 30,000 gals pe~ qtr. @ ~ .25 per 1,O00 gals. Next 30,000 gals. per qtr. © ~ .20 per 1,000 gals. Next 250,000 'gals. per qtr. ~ ~ .15 per 1,000 gals. All in excess of 250,000 gallons per quarter at twelve cents (12~) per 1,000 gallons. The meter rate for water supply service in excess of the amount allowed per quarter for the minimum charge sh~a!! be in accordance with the following meter rates for C~TCIAL ~ETERS. Ail over 280,000 gallons shall be charged at the rate of twelve cents (t~') per 1,000 gallons. EACH QUARTER A CO~LETE PERIOD! Section B. On all metered water supply service each and every q~r shall be a complete period in itself, and no excess conso~ption of water during one quarter shall be charged against the minimum charge or rate or be added to the consumption of any other quarter or quarters. SPECIAL PRIVATE PROTECTION SERVICE RATES, Section C. The charges or rates for special private fire service, based on the size of the connection with the ?~ter Department distributing system therefor, are as follows: 1 in. attac~hment for fire use only, in. attachment for fire use only, in. attachment for fire use only, in. attachment for fire use only~ in. attachment for fire use only, in. attachment for fire use only, in. attac~ms~t for fire use only, 30.00 per yr. 50.00 per yr. 70.00 per yr. 80.00 per yr. !00.00 per yr. 250o00 per yr. 800.00 per yr. ~he~ this service is used to supply an automatic sprinkler system exclusively a charge of not more than One Hundred (~100.00) Dollars per year will be made. PUBLIC FiRE PROTECTIO~ SERVICE RATES~ Section D. The charge or rate for public fire_pro- tection service given through fire hydrants installed on the public h~ghways or private thoroughfares, at the L~- stance of and under agreement with the public authorities, is to stand as the charges will be arranged by mutual agreemen~t of Board of Town Commissioners. ARTICLE S. APPLICATION AND CONTR~&CT. Section A. All applications for water supply service must be made at the Town Hall of the Town of Bo~mton, Palm Beach County, Florida on a blank pre- pared by the Board of Town Commissioners of the Town of Boynton, Florida. 1. The Owner or Owners of the premises proposed to be connected for water supply service, or his or their agent thereunto duly authorized in w~'itZ~.g, must sign the application for service pipe and water supply service except hereinafter provided. 2. Such application becomes a binding contract upon both the o~er and the ~ater Department when the Service connection for water supply service applied for has been installed and completed. Prior to the in- stallation and completion of such Service connection, the owner may cancel or withdraw the application made, upon his written .order to do so, after payment to the ~'ater Collector of the actual expense, not less than One Dollar (~l.O0) incurred by the ~ater Department in connection therewith. ~. ~enever 'an application is made for water supply service, the ~¥ater Collector sha~l requira~a deoosit to guarantee a ~ . ~ p ymen~ of water used The amount of this deposit shall be the sum of approximate the bill for at least five months but~, in no case shall it be less than Seventy-Five Dollars (~78.00) for Commer- cial Service or less than Seven Dollars and Fifty Cents (~7.$0) for Domestic Service. Interest at the Rate of four per cent. (4~) per annu~ will be paid on this de- posit, provided the deposit remains in the possession of the Town of Boynton Water Department not less than one year. 4. All contracts for water supply service shall expire at the next succeeding calender quarter from date of application, but all contracts shall continue in force by renewal without act or notice from either party to the etcher, from quarter to quarter unless ten days (10) notice in w?iting is given to either party to the other, of a desire to terminate the contract at the expiration of the then calender quarter and the charging for and payment of ~ater rates or rents monthly, or in any manner, and at any interval or period, other that quarterly~ shall not be construed as altering the period of the contract or any renewal tne~eof~ ~ under this rule~. 8o in the event of any change in ownership of any premises connected to the system of the ~¥ater Depart- ment for water supply service, the ~¥ater Department shall be immediately notified in writing of such change, giving in such notice the name and address of the new owner, wher, eupon the ~?ater Department may at its option, require the new owner to make applica- tion for water supply service in the same manner as is provided for new service connections, in the absence of such application by such ~ew o~,mer, the use of the Water Department service may, at the option of the Water Department, be taken and construed to be an acceptance by such new o~wner of all the contract obligations of the preceding owner with and to the ~Tater Department. 8. In the event any owner fails to notify the Water Department in writing, of a change in m~znership of any premises for water supply service, such owner shall continue.to be liable to the Water Department for all rates and charges, accrued and accruing for such Service, un- til either, the end of the contract period in which he may later notify the Water Department of his desire to cancel, or the Water Department shall, of its,~own vo- lition, have cancelled the contract with said owner, but this clause shall not preclude the Water Depart- ment from also demanding from the new ov~er the payment of all or any charges and rates which sha!!~ at the time such demand, be unpaid or unsecured, without regard to whether the same accrued prior or subsequent to such change in o~mership, and upon failure of such new o~.mer to comply with such demand-within five (5) days after written notice thereof, the Water Department shall have the right to shut-off the water supply and discon- tinue its service. In no case of change of o~rner~hip shall the preceeding owner or owners be released fro~ any contract obligations to and with the ~¥ater Depart- ment until the expiration of the contract period, pro- perly terminated in accordance with these rules except at the option of the ~ater Department, evidence by a written release from the ~Vater Department. 7. ~en application for water supply service is made, the service, together with charges and rates therefor, shall begin on the date of the completion of the service connection by the ~?ater Department, un- less the owner shall state in writing in the application that the Service connection shall be shut-off immediately upon its installation, in which event the said connec- tion 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 commence from date of such turn-on in accordance with these rules in every respect as though such turn-on request had been an original appli- cation. ~enever, in case as herein above provided, there shall have been a change in the OWnership prior to the turn-on of the service connection. The new owner must sign an application for water supply upon the regular form. Section B. All contracts shall be subject to cancellation and service thereunder discontinued by the ~¥ater Department:- 1. For waste or excessive use of water through improper or imperfect pipe, fixtures or appliances, or in any other manner. 2. For telesat or neglect to make any advance payment, if such is required by the ?:later Department, or for refusal or neglect to comply with smy require- ment of the ~'ater Department as to meter or service connection maintenance, alteration or renewal or other requirement relating to the water supp!~ service -the ¥~ater Department. 3. For the use of water supply service for in connectio~ with or for the benefit of any other premises or purpose than. that in the application. 4. For any interference of tampering, whether by act o£ commission or omission, with' the meter measuring the water suppl~, or with seals or~~any meter, or with any meter bos or vault, or with pipes or valves or any seals thereon~ or with the c.~rb stop cock, or with any appliance of the ~?ater Departme~at,~ or with any appliance of the ~.¥ner, which was or is required by the ~f~ater Department for con- trolling or reguia~ting the water supply service, and ~o_ the purpose of this rule, any interference of tam- pering with any appliances used in connection with or for controlling or r~gulat~ng the water supply service to amy premises, shall be construed and taken to be the act of the owner or consumers using water service at the said premises.. 5. in case of continued vacancy of the premises. 6. For violation of any rule of the ~ater De- partment. 7. ~3~luere there has been a change in ownership of the premises, but no application from the. new owner or o;wners has been made and approved by the Water Department. 8. Where there has been a discontinuance of the use of water or the service of the Water- Department 9. ~£nere the contract has been in any way termi- nated by the owner. 10. i~ere any owner or consumer refuses or neg- te6ts payment of any bill, account or charge, by whomsoever incurred, for or on account of the premises. ti. ~ere any writ has been issued against the ov~er or consumer or any of them. !~. ~ere any execution is levied against the premises or against any personal property of any owner or consumer thereon. 13. ~t~ere the owner or consumer or any of them, commit any act of bankruptcy or made an assignment for the benefit of creditors, or have made~:~against him or them, or any of them an application for the appointment of receivers. 14. ~ere the Water Department has been, or is being defrauded in any way. 15. ~,q~ere any ovmer or consum, er or any of them, become insane or other wise irresponsible, or upon his or their, or any of their death. ARTICLE 4. TAPPING. ~iI~S.~ SERVI~CE PIPES A~D C0h~ECTIONS. Section A. No water will be furnished by the ~gater Department through distribution or service pipes laid by private parties, unless such pipes have been laid umder the permission and inspection, and to the sa~is- faction of the ?~ater Department. Section B. The ~Vater Department shall lay the Service Pipe to the curb at the expense of the owner, who shall make a deposit therefore of an amount equiva- lent to the ~ater Department's estimate of the exact cost thereof, plus ten per cent. (10%) for supervision and use of tools, etc., excepting such cases where it is deemed advisable by the ~?ater Collector to charge the exact cost plus ten per cent. (10%) for supe.~vi- sion, re'se af tools, etc., to the o~n~er, on the next quarterly bill rendered after the installation of the service' connection. 1. ~enever upon the c~pletion, of installing any service connection it is found that the estimates of cost, as provided for in these regulations, paid in advance by the owner, are less than the actual cost of the work, plus ten per cent. (lO~) for supervision and use of too-ls, the amount of such excess cost over and above the e'~timated cost shall be paid by the owner within ten (lC) days fror~ the rendition of the bill therefore, and in like ~anner, whenever upon the completion of installing any service connection, it is found that the estimate in advance by the owner, is an excess of the actual cost of the work thus estimated upon, plus ten per cent. (10%) for supervision and use of tools, the amount of such excess in the estimate shall be refunded by the ~?ater Department to ~the owner within three (3) days from the date of rendition of credit memorand~n therefore but in no case shall the cost of tapping the m~in, baying a service pipe, and installing a meter, be less than 2. ~ae Tater Depart~ent in every instance, re- serves the right, at it option, to designate and pre- scribe the size of a service connection, either upon original installation or a new connection, or upon any renewal or replacement of any old connection and in any case where a size of service other tb~n that applied for by the o~mer, or previously exisint, if so designated and prescribed by the ~Vater Department, the ov~ner shall be so bound thereby. ~. Each separate premise, except ~s provided in Subdivision four (~) of this Section herein after written, shall have its s~parate and distinc~1 service connection, and in no case shall more than one pre- mise be furnished with service from one such eonnec- tion~ except only in cases where, in the discretion of the V~ater Department, the conditions make this' impossible or impracticable, ~n which event the VYater Department may permit the use of one service connection for more than one premise, 'but in each case, subject to such requirements and conditions~as the V~ater Department may prescribe. 4. An additional minimum quarterly service ckmrge shall be made for ~ach additional dwelling or tenement containing five rooms or less owned by the same landlord and built in connection on the same or adjoining lot supplied by or service pipe. 5. No premise shall have more than one service connection except only in cases where, in the dis- cretion of the Water Department, the condition sur- rounding and affecting any such premise make it impossi- ble or impracticable to adequately f~.rnish water supply service thereto through o~e service connection in which event the Water Department may assent to the installa- tion and use of more than one such connection, but in each case subject to requirements and conditions as the Water Department may, in each such case, prescribe~ 5. The rules of the Water Department relating to the installation of connections to is distributing system for private fire pr0tedtion and for public fire hydrants are set forth in the article hereof relating to these two classes of service. 7. The Water Department reserves the right, at its option, where and when, in its discretion, the conditions may or might require it, at any time to require any owner to install, on his service connec- tion a tank~ check valve or valves, cock or gate valves, pressure regulator or other appliances, apparatus and equipment of' such type and design as is approved by the Water Department and thereafter to requlre change, alteration, substitution or addition of and to any such tank~ etc., as aforesaid, and failure upon the part of the owner to comply with such requirements of the ~fater Department within thirty days after written notice to the o~mer, or within-some agreed extension beyond such thirty days also in w~iting shall authorize the Water Department at its option, and wit]oout further notice, to cancel the contract for such service and discontinue the same. The Water Department further reserves the right, at its option, and without n~tice if the conditions in its discretion warrant and justify such action for the good of the service, to disc~n tinue this service to any premise or premises where and when, continuance of the service of such premise or premises will reduce or in any manner will effect the efficiency of any of the rest of the' ~ffater Department (as, for instance, in the case of water hammer trouble along force mains, or in air trouble resulting from connec- tions for service to premises at high elevations or locations, etc.,) ARTICLE 5. ~iETE~D ~¥ATER SUPPLY SERVICE Section A. Ail meters ahil be furmished and in- stalled by the ~'~ater Department upon the application .of any ov~er or responsible party making application for water supply service as hereinbefore provided and all meters so furnished and installed shall be and remain the property of the Water Department of the Town of Boy, ton, Palm Beach County, Florida~ subject to the absolute and conelusive control of the said P~ater Department of the Town of Boynton, Palm Beach Co~uaty, Florida. Section Bo in every instance of metered supply service, the owner shall provide and maintain a location for the meter, acceptable to the ~ater Department. ~ghen any meter has once bee~ placed, its position shall not be changed, except by the ~Vater Department with its consent and at the cost of the ov~er, and in the event any o~mer makes any change in his premises, which in the discretion of the ~Vater Department requires any change in the l$oation or position of the meter or meter box, such change in location or position shall .be made by the V~ater De- partment at the cost and expense of the ~vner. Section C. V~enever in the installing of any ~ater Neter, together with meter b~xes or receptacle therefore, it is necessary to remove or disturb any portion of any sidewalk, the owner shall pay tb the Water Department, in &dvance~ an amount eq~uivalent to the ~ater Department's estimate of the cost of the necessary restoration of the removed or dis- turbed portion of such sidewalk to its original condition, plus ten per cent. (10%) for supervision, use of tools, etc. Section D. Repairs, renewals, and replacements, of all ~?ater meters, meter boxes, with connections and appliances, shall be made by the ~ater Department at its own expense where said repairs, renewals and replacements are due to the ordinary wear and tear of service. Section E. The owner shall be respnnsib!e for the care of any meter, together with meter box or vault and appurtenant connections and appliances, in- stalled upon his service c manection, for any accidental or wilful injury thereto whether by his own act or that of others not in the employ of the ~ter Department and in the event of any accidental or wilfu~ injury of any meter as aforesaid, the o~vner sh~l promptly notify the Water Department thereof, and shall pay the Water De- partment within twenty days after the date of the ren- dition of bill therefore, the cost of the necessary repairs occasioned therefore plus ten per cent. (10%) for supervision and use of tools and etc., Section F.. Reading of meters are to be made quar- 2~rly in March, June, September and December and if the meter is in good order and has been~so during the time since the last previous reading~ bills are ren- dered in accordance therewith, but the Water Depart- ment reserves the right at its option, in case of large users of water supply service, or for any other reason deemed by it to be sufficient thereto, to read any meter or meters and to render bills thereon, in the same manner as stated above for quarterly readings, at mnnthly or more frequent intervals. Ail readings of meters shall be taken as near practicable on the same c~tendar day of each qUarter. Section G. All meters are carefully tested before they are installed, and after their installa- tion they are tested as frequently as cirucmstances seem to the ~Yater Department to warrant. Should the -owner, at any time, question the accuracy of the meters on his service the Water Department shall, upon his written application, accompanied ~th the payment of two (~2.00) Dollars for each meter in question, to cover the charge of t est thereof re- move the meter and test it in the presence of the owner or his authorized agent, if such presence is desired by the-owner. If the test shows that the meter has been over-registering more than two per cent. (2~) the two (~2.00) dollars for each meter so paid shall be returned to the owner and the bill rendered, basSd on the last reading of such meter or meters, should be corrected accordingly. The ~fater Department re~ serves the right to remove and test any meter at any time, and if such meter is fround to be inaccurate, to substitute another meter of the same szie in its place, either permantly or temporary. In the event of such test as last mentioned the Water Department fur- ther reserves the right to make any correction in ,the bill rendered, based on the last reading of such meter, in accordance with a result of such t est. Section H. All meters shall be tested on the test- ing machine of the ~Yater Department located in there warehouse at Boynton, Florida. Section I. The quantity of ~Yater recorded by the meter shall be conclusive on both the o~mer and V~ater Department except when the meter has been found to be defective or ceases to register. In case the meter has been fo~und to be defective or has ceased to register the qUantity of ~ater supplied since the last reading shall be deter~uined by the average registration of another~ meter for a period of thirty (30) days, or of the same meter, for a like period after it has been repaired and tested, or by mutual agreement the quantity 0f'i~water~supplied may be pro-rated upon two (~) pre- vious corresponding periods from the day of the last reading preceding the time the meter has been or come defective o~ has failed to register to the time of such meter was repaired or replaced. Section K. The o~rner of or consumer at every pre- mise shall pay the sum of five (~8.00) dollars for each and every time the seal of any meter or its couplings on or for such premise is found broken or removed. The ~ater Department hereby reserving the right to put on such seals in or for any premise at any time, and upon the second such offense, the ~ater Department may at its option shut-off the supply and discontinue its service an~ may further refuse to again turn-on the same, and resume its service to such premise so long as the owner of or sons,met at the premise at the time of the breaking or removal of such seal shall continue to be the owner of or consumer at the premise. ARTICLE 6. PAY~'[~qTS Section A. Payments of all bills and accounts of the ~ater Department mmst be made at its executive office in the Town Hall of the Town of Bo~auton, Palm Beach County, Florida. The territory served by the ~ater Department is such that the employment of collec- tors c~nnot be undertaken. If at any time arrangements are made for the convelence of the ~?ater Department's patrons, for payment of bills and accounts elsewhere than at the executive office, such facts will be clearly noted on the bill of account, or by enclosure therewith so that all patrons affected by such arrange- ments may avail themselves thereof, if so de~ired. Section B. All bills and accounts are due and payable on the date of rendition thereof unless other- wise provided, and likewise, unless otherwise providid, all such bills and acco~mts are in arrears from and after ten (10) days of date of rendition thereof. Section D. The date of cancellation by Post Office Department shall_be taken as date of payment for all remittances by mail for bills and accounts due ~ater Department. AR_ I ~E 7. A~_ELE~TS A~ ~FU~S ment or~ deduction Section A. Any claim made by the owner for abatement f~om any bill or account~or charge, will not effect an:~extension of time of pa~nent but such disputed bill, account or charge will be in arrears from and after the last day allowed for payment and thereafter all additional charges, if any, will be attached, The payment or accrual of additional charges on any disputed bill, account or charge about to be in arrears except interest penalty at the rate of ten per cent. (10%) thereof in case of non-payment can be avoided by either the payment of the face mount of such bill, account or charge in dispute, or by giving or furnishing satisfactory security to the Water De- partment, assuring the payment of such disputed bill, account or charge either as rendered and made or as corrected with interest penalty as aforesaid, upon adjustment thereof by ~[ater Department. Ail payments made of 8~sputed bills, accounts and charges, in ex- cess of the amount finally found to be correct upon adjustment by the VCater Department will be immedi2tety thereafter refunded to the payer,, uoon his application. Section B. No abatements or deductions on metered Service charges will be made or allowed, except if errors in meter readings of which such charges are based or inaccuracy~s in the registration of any mete~ or in the event of error on the part of the Water De- partment in making of any charge or in the amount thereof amd then only provided claim for such abate- is made in writing w~hin ten (t0) days after the date of the rendition of the-bill or account in dispute. Section C. No abatements or deductions or any bill, account or charge rendered .or made by the D~partment for any Service or purpose other than metered Service, v~lll be made or allowed unless and only when claim for such abatements or deductions are made in writing within ten (10) days of the rendition of bill or account in disoute. Section D. Under no circumstances will abatements, allowances, deductions br refunds be made on actual or alleged excessive metered water supply service, bills, accounts or charges, for or on account of W:~ er useS, lost or wasted through leaks, carelessness, neglect, or otherwise, after the same is passed through the meter. ARTICLE 8. .~u COUI TS DELINQUENT ~ ~ Section A. All bills and accounts ~rendered which are in arrears as provided in those bills shall b e termed delinquent accounts o Section B. The ~ater' Collector shall upon the day following that upon which such o~naers or consomme, ers become delinquent in the payment of a water bill mail to the premises against which said water bills are charged, a statement to o~er of the property setting forth notice and amount of bill then remaining unpaid. In the event that any such. bills remains unpaid after the expiratiom of a period of ten (t0) days after the date of mailing of the aforementioned notices, them the Water Collector shall prepare a list of person~, firms~ or corporations, so delinquent and shall brimg it to the notice of the Board of Town Commissioners, who ~ha!! thereupon give a written order to the Superimtendent of the Water Department to discontinue ~ur~ishing water service to "premises named in the list as having charged against them ~u~col!ected or unpaid water bills. The Superintendent of the Water Department must upon the receipt of said order promptly put same into execution by sh~ttimg off water supply at the curb cock on the premises named in the order. Sectio~ C. it shall be the duty of the V!ater ~oi_ec~or to prepare a statement for the Board of To~;~m Commissioners setting forth any and all unpaid water bills which ha~e undergone the aforementioned collection procedure a~d which still remain uncollec- ted upon the first Tuesday in October of each year. The statement must show in detail the amou~t and nature of said un~aid bill, and explanation of the period of time during which s~id water bill was incurred upon the property, the name of the owner o£ property and its location. The Board of Town Commissioners shaI1 there- upon loause the above list and statememt to be delivered to the Collector of Taxes and Assessments together With a statement signifying that it is the wish Bf the Board of To¥~aa Commissioners that the ~paid water charges be collected from the persons named in the manner provided by statute and the money so col~tec- ted is to be turned over to the Treasurer of the Town of Boynton to the credit of the V~ater Department appro- priati on. Section D. The Water Collector shall upon written instructions from the Board of Town Cormm. issioners enter in the ?~ater Department consumers ledger opposite to the accounts in question, the statement, "Turned over by order of Board of Town Commissioners to the Collector of Taxes and Assessments for collection". Upon receipt from the Town Treasurer of a~statement of water accounts collected in the above mentioned manner the ~¥ater Collector shall credit ths accounts in question with the amount so collected together with the entry with a statement as follows ~'Collected by the Collector of Taxes and assessments and paid by him to the Town Treasurer~. ARTICLE 9. ~VJRN-0N AND SHUT-OFF Sedtion A. The Curb cock on any and all Servic8 Connections shall not be in any way used by the owner or his employees or agents in turning on or shutting off water supply. All such turning on or ~hutting off water supply by the owner shall be made with a separate stop-cock, loaated 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 ~ater Department. Section Bo A violation of the above regulation on the part of the owner, his emPloyees or agents, shall subject the owner or cam sumer to a penalty of five (.~5.00) dollars for 'the first offense, and upon the second such offense the Water Deoar~ment may at its option discontinue the Service and shut-off the water supply to said premises so long as the owner or cons~er continues to reside at said premises. Section D. There shall be no separate charge made for shutting off the water supply to and for any premises, but in every instance, whether such Shut-off was originally made for non-payment for any delinquent account or accounts or any other violation of any rule of the ~i~ater Department or at the request of the owner, the charge for turning on the water ~upply shall be T?~O (~.00) DOLL~RS, payable in ad- vance for ~ch service connected with is so turned on. 'Section E. All request of tB~e owner or consumer for shut-off or turn-on of water supply shall be made to the ~fater Department in writing on forms prepared for that purpose. Section F. in case of accidents, break downs, shortage of water supply, or any other causes beyond its cause, or becamse of any act or omissio~ on the part of the public authorities, or their agents or any of them, or in case of the making or repairs, renewals or replacements~,, the ~i~ater Department reserves the right to shut-off the water supply from an one or any number of premises, without notice and shall in no manner be held responsible for any consequence of such shut-off. Section G. The '~¥ater Department will give notice, in the manner deemed in its discretion to be most effective of any shut-off of the water ~upply wherever and Whenever the giving of such notice is practicable but nothing in these rules cont-~ ned shall be con- strued to require the giving of such notice zu~der any ci rcums tanc e s. Section H. The shutting off of the water supply form and the discontinuances of service to, any pre- mise or premises for any cause shall not entitle the owner to any abatement or deduction in or f rom the water charges, not to any refund on any such charge paid in advance, during or for the time such shut- off, unless such period of shut-off continues and ex- tends into the next fiscal quarter following that in which shun-off was made, and then only provided such shut-off extends and continues throughout the whole of such fisca~ quarter next following that in which the shut-off was made. ~fhen such shut-off extends and continues throughout the whole of such fiscal quarter next following that in which the shut-off was made, any abatement or deduction from or refund of water supply service charges shall apply only from and after the close of the fiscal quarter in which such shut-off was made. in other words, the shuttirig o£f of the water supply for an.y cuase, to and for any pre. raise or premises shall not work a cancellation of ~y comtract for water supply service, except at the option of the ~ater Department, or upon the notice of the owner to the ~Tater Department as provided in Sub- die, is ion I~umber Four (z~) of Section (A) Article Three ($) of ~these ~uieso ARTICLE !Oo INSPECTI0~? OF PRE~IZSE Section A. Every premise connected with the ~fa~er Department system of water supply service shall at all reasonable hours be open to the en~ployees of the ~Vater Department for the purpose of installing a~d reading meters, inspecting the connections and water fixtures and appliances therein, for repairing or repiaci~g any Water- pipes, meters or appliances, or ?~i!e other- wise properly engaged i~ the service of the ~9'ater Pa~tment; such employees, however, to be indentified by'a badge or by a certificate signed by the ~anager or Superintendent of the Water Department. The con- ~tinuai refus!a, by act or omission on the part of ~he f owner or consumer, of admittance to the employees of the ;J?ater Department when properly indentified may su!t in the shutting off of the ~ater supply service. ARTICLE !i. LEAKS A~?D Section A. It shall be the duty of every owner, his agent or tenant, to at al! *' ~ vlm~s exercise due dil- ig'ence to prevent the waste of water, and to this end shall immediately stop leaks on his premises, with~at regard to whether such premises are furnished with water supply service upon a metered or flat r~ate basis and shall notify the TM ~,~ate~ Department promptly of any leak discovered other than upon his premise, thus to enable the prompt stopping thereof. 'Seciion B. Persisting in any wilful waste, or neglect to promptly-stop such water through leaks or extravagant and unnecessary use of water supply by or on the part of any ovzner, his agent or tenant, without regard to whether the water supply service to the pre- mise of such ~vner be furnished upon a metered or flat rate basis, shsgl be sufficient cuase to authorize the Water Department to discontinue its service and shut- off the water supply from and to the oremises in ques- tion, without notice ~ilowmno the water to run on the premises, without regard to whether the service is furnished on a~ metered or ~lat rate basis, in order to preveno freezing, and the sprinkling of streets, roads, lawns and grounds contrary to the provisions of these rules or any modification, alteration or amendment thereof, shall be deemed to be such waste of water of the water supply as to bring the same within the scope of t~,~ pa~agraph. Section C. V~enever the water supply to and for any premises has been shut off because of leaks or waste as in this section provided, the same shall not be turned on again until all cause or causes for shut- o£f shall have been remedied or removed~ and until satis- factory~ass~ance shall have been given to the ~gater Department that the condition causing the shut-off will not again exist by the o~mer, or his agent or tenant, and the sum of 0!~ DOLLAR (~$i.00) shall have been paid to the ~?a~er Department to cover the cost of turning on the water supply again. ARTICLE I~. SPRI ~[!(LING Section A. Sprinkling on metered water supply service shall, under ordinary conditions, be optional v~ th the owner ~xcept that all such sprinkling shall b~e confined to an area not to extend beyond'the center of the street or road in front of the owner's .~remise, nor beyond the width of the said premise supplied v~th water through the meter on the service connection there- to; $~bject, however, to the right reserved by the ~'Vater Department to restrict or entirety prohibit all such sprinkling for any cuase deemed sufficient therefor the discretion of the ~a _ ~ ter Department, upon notice to the ~vner of such ~restrict~o~ or prohibition. Section B. Ail sprinkling during a fire in ~he vicinity of any crier's premises of which such owner, his agent or tenant has, or may reasonably be pre- s~ned to have knowledge or notice of is prohib'ited, unless such sprinkling is for protection against such fir e. ARTICLE 13. PRIVATE FiRE PROTECTION SERV'I. CE. Section A. Ail private fire protection service will be installed by the Water Department whi~I~ will ascertai~ the best location for same, and lay the pipe from the ~treet main to a~ point just inside the wa~l! of building, or w~thim the building line of open yeards where buildings are set back f~om the building lime. The owner will be charged ~th the exact ~ost of iabor~ and materials used in ~he work of installing the service, with an addition of ten per cent. (10%) to co~er the cost of supervision and use of tools. Section Bo in all cases the Water Department shali decide the size of serv±c~ pipe required, which shall be determined by the size of the street maim, the available pressure on the mai~, and the nature and capacity of the fire protection equipment within the buiiding~ In all cases where vu~d~rwriters' pumps are to be installed, a suction pipe of su£ficient in- ternal area to deliver a quantity of water ecua! to the full rated capacity of the pump will be allowed, amd mo enlargement of such suction ~oi~oe i~side of the premises will be permitted. In a'i! such cases however, this service ~ipe must be provided with a surge tank or air chamber placed in close proximity to the p~mp all to the satisfaction of the ~ater Department. Section C. One service only will be a!to~ved to any one building or premises, unless in the opinion of the ?.later Department more than one is absolutely necessary for the proper protection of the premises. Ail fire pro~.,~ect_.on~ equipment connected to the '~Mter Department's mains shall be confined within the build- ing or o;a the premises named in the application, and where two or more connections are for one 'building or premises, they shall be kept separated, unless s,vecia! permission is obtained from the ~?ater Department to connect the same in a manner to be approved by it. Section D. I'~o water shall be drawn from the fire service pipes for any purpose whatsoever, other than for the extinguishment of fires, and no connection shall be made between ~, ~e fire service pipe system and the regular water supply to the premises. The valves on hose outlets, drain cocks and other appliances or. the pipe system, shall be of a s~yle Unat can be sealed by the V~ater Department and when any such valve or cock is opened, the woner or occupant of the premises shall notify the ~;fater Department at once, so that the same can be reseaied. This paragraph is not to be construed as prohibiting a reasonable use of water for draining of a system to p~_~event freezing, or other reasonable use in connection with proper fire pro- tection, but does not permit of the use water throug~ the system for fire d rills, except l~y and with the con sent of the ;~ater Department first had and ob- tained by the owner i~ every instance ~'hen such drill is to be had. ~enever a fire service System ~s to be tested under the re~lations of the fire insurance underwriters, the owner must notify the ~?ater Depart- ment of such proposed t est, naming the day and hour whe~ the same is intended to be made, so that, if de- sired, the ?later Department may have an inspector pre- sent during the test. Section E. Any fire protection system supplied with water from the l~ater Department Ys service shall be supplied exclusively with such water, and no connec- tion will be allowed with any other system drawing its supply from any other source ~hereby the ~¥at-er Depart- ment~s water supply may be contaminated by the failure to close valves, or leaking check valves', etc., and no auxiliary or secondary suction pipe to any undez~.~ritersy pump taking water from the harbor, streams or other s~rce whatever will be permitted. Any fire protec- tion system using water from the harbor, streams, or other sources than the ~ ~'~r Department ~s service, shall be kept separate from any such system supplied from the !~¥ater Department ~s Service. Section F. Ail fire service shall be subject to inspection by the ]?ater Department from time to time, and the ~o~ner or tenant shall give the inspectors all reasonable facilities for making the inspections, and any information concerning the same that the ir_~spector of the ??ater Department may require. Care will always be tauten that inspections will be made with as little inco~yenience to the owner, consu~ner or occupant as possible. Section G. in amy case when the owner, consumer or occupant of any premises is found to be using water from a fire service for other purposes t~n fire pro- tection, or fails to comply ~ith any of tbs foregoin~ ~he service shall be discontinued ~d the water shut-off from the sa~e~ ~t__out ~ ~ notice, and the owner shall thereupon z_~emmate!y be and become liable to the V~ater Department for the s~ of ONE i~NDRED DOL~S (~t00 00) as compensation to the ~at~r ~epart~ent~for a~y and all damage sustained by it for such wrongful use of its water s~oply, or for failure to comply with such ruies~ In such event the fire service shall be res~ed and re-op~ned only ~ter such sum of 0}~E DRED D~LL~R~ (e~00.O0) ~hai! have been paid, and the cause of complaint entirely removed. ~ second viola- tion of this rule will again mak~ the o~er immediately liable to the ~ater Department for a second sum of ONE HUND~D DOLLARS (~$!00.00) as in the event of a first violation and further will be sufficient cause fo~ cutting the service off at the main, and refusing to reconnect the same while the offender occupies the premises. Section H. ~he Water Department in no manner ~arantees to furnish a proper quantity of water through the fire protection service for fire pro- tection, nor does it ~dertake to g~rantee anything relative to ~uy service, but it Will make every effort to maintain the ~' ~ e~mczoncy of it~ service under conditions. The ~?ater Department will not be re- sponsible in any manner for failure of its water supply ~ring a fire, or at any other time. Section !. ~ae ~gater Department may at its option require the owner to file with the ~¥ater Department a satisfactory bond, in the penalty of ONE THOUSAI~D DOL~&RS (,~!,000.00), conditioned upon the faithful observance of all the r~les of tlae ~!/ater Department and of the contract entered into covering said service, and shall continue said bond in force during the con- tinuance of said agreement. aR_~CL~ 14. PUBLIC FY_RE t~_,~ZDRA~ITS Section A. U:oon receint of instructions from the ~ublic authorities, tlne ~iater Department at its own cost and exnense will install, at any location on any public or private highway or thoroughfare, a standard fire hydrant or plug, and s~ix inch cast iron service pipe from ~he ~Vater Department's erect main, provided the total distance from the street main to the locatior~ of the proposed fire hydrant or plug is not in excess of twenty-five (25) feet, smd provided further the size of the street main and the surround- ing distributing system, and the available nressur'e on said street main and the surro~znding distributing system is, in the discretion of the ~¥ater Department, suf_,mcment to enable the giving of proper service at the fire hydrant under normal and ordinary conditions. Section B. Ail fire hydrants or plugs, whether i~sta!!ed by tile ¥?ater Department at the instance of the public authorities, or otherwise, are to be-used for fire protectiom purposes exclusively. Ail use of fire hydrants or plugs for sprinkling, sewer flushing, filling sprimkting, watering or other carts or recep- tacles, for fire drills or fire company testing, con- test or practice, and any use of £~re hydrants or plugs other than for strictly fire protection (meaning thereby extenguishment of fires or wetting d~n surround pro- perties d~m~ing a fire to preve~t its spreading) is pro- hibited unless any such other use is permitted by the ~ater Department and evidemced by a written permit signed by its ~anager or Superintendent, which said ~e~mit shall b~ exhibited to any and all employees of the ~ater Department, or to the regular constituted police force of said To¥~ of Boymton, F!orida. Section C. Permits for use of water from fire hydrants or plugs for any purpose other than for fire protectio~ will ~ot be granted by the ~¥ater Department except in cases where such use is deemed by the Water Department to be urgent amd other means of obtaining water are not available, but 'all permits so granted shall be revocable at the p!easure~of the ~ater De- partment in every instance and ~thout regard to re- ference to any terms or provisions in such permits to be contrary notwithstanding. ARTICLE 18. Section A. Each and ~very o~ner will be held fully responsible and liable by and to the ~/ater De- partment for all that is done or omitted on, in or about any premises by amy agent or tenant or other persons not in the employ of the~=a~ ter Department, who may gain access thereto. c~ ~- benan~ ~ecuion B. The ~ ~ in or uoon any premises of any o..~e_, shall at all ti;~es, and ,or all purposes connected ~ith or arisimg fro~ the ~ater Department's water supply service to and for such premises, except the maki~g of the original - app._cat,on for water supply service pipe and contract, be taken and construed to be bhe properly constituted age~t of the owner. Section C. Any notices in these rules provided to be given shall be deemed to have been properly served if left upon the premises of the owner, or if mailed to the owner, directed to, or left at, his address as sho~m on records of the Water Department. Ail notices of a general character, a~ectmno or likely to affect more than one owner, if required by these rules t~ be given shall be deemed to'have been properly given or served if advertised at least once in a news~aper published in the Town of Boynton. Section D. Each and every addition or modi~icatiom, ~Iterat_on or amendment to and of any of the rates or rules of the ~f/ater Department, shall be and become binding upon, and shall fo_.~ 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 therey unless and such addition or modification, alteration or amendment is by these l~u. les provided to be and become Otherwise effective -and binding on every such o~mer, or any one or more thereof. Section E. Ail of the foregoing rates and rules shall be considered and taken to be a part of the con- tract, so far as the same may be .applicable to the class of service ¢'overed by and included in such con- tract, with every owner or consumer who makes applica- tion for the water supply service of the ?~ater De- partment or whose premises are £~.rnished with, or are connected to the system of the Vfater Department for such service~ and every such owner shall be considered as having, and be taken and construed to have expressed his consent to be bound thereby whenever application for such water sup~61y service is made, or are connected to the system of the Water Department for such service. The right is reserved by the Water Depart~.~ent, at its option, to discontinue its service without notice, and to enforce such requirements and ma.~e and collect such charges as may be in any and all such cases prescribed in said rules. And no method of enforcement of any pro- visions thereof~ pro~ided for in the foregoing rules shall be deemed or taken to be ~x~.lusive, but each such method of enforcement shall leave the t?ater Department free to pursue any and all other remedies, either under the said rule, or at law, or in equity. Section F. The Water Department will make every effort to give continuous and uninterrupted service, but nothing in this contract s[aat! be construed as a guarantee, covenant, or agreement, to give such con- tinuous and ~ninterrupted service, and the applicant hereby waives all claims for damages of whatsoever nature growing out of a failure on the part of the ;~fater Department to give a continuous and uninterrupted servic e. Section G. N~.th~ng in these rules, nor any con- tract, nor representation, verbal or written, of the ~ffater Department or any of its employees, shall be taken or construed in any manner to be or constitute a guarantee to furnish a proper quantity and quality of water through any service connection, whether for domestic, commercial, industrial or manufacturing uses, or for private or public fire protection purposes, nor shall a~uy of these rules and regulations be ccm_strued in any way as an undertaking on the part of the ~?ater Depart~ment to guarantee anything relative to any ser- vice furnished or provided by said ~¥ater Department. Section H. The ~'ater Department u~dertakes to make every effort to maintain the high ~uaiity and efficiency of its water supply service, under all conditions, and it is. mutually agreed by and between the applicant and the ~ater Department that the li- ability for damages in case o£ a failure upon the part of the Water. Department to maintain the high. quality of ~ter supply shall be limited to the value of water supplied consumer during the period of time of such failure. Section I. Ail under~a~mnoS of the Water Depart- ment under the foreoing schedule and rules; or its con- tracts, shall be subject to the valid regulations of the local, state and national authorities. All Ordinances, Resolutions or Orders or parts of Ordinances, Resolutions or Orders inconsistent or in conflict herewith be, and the same are hereby, rescinded and repealed, and the orders herein con- tained shall go into effect ten (10) days after the passage and adqotion thereof. The above Ordinance No. 80 having been read in full at a meeting of the Board of Tovm Commissioners of the Town of Bo~tuaton, Florida, held on the mleventh day of December A~ D. 19~, was adopted and passed at a ~egular ~eeting of the Board of Town Commissioners held on the Twenty-mecond day of December A. Do and a copy thereof posted at the front' door of the T~Vn Hall~ of the Town of Boynton, Florida, on the Twenty-third day of December A. D. ~. O. I¥~yers ~!ayor Harry Bens on Vice Mayor E. L. Wincheste~ Town Clerk (Signed) (Signed) (Signed)