O95-32ORDINANCE NO. 095-~
AN ORDINANCE OF THE CITY COMMISSION OF
THE CITY OF BOYNTON BEACH, FLORIDA,
AMENDING CHAPTER 26 OF THE CODE OF
ORDINANCES, WATER, SEWERS, AND CITY
UTILITIES TO PROVIDE FOR CREATION OF
SECTION 26-8.1 TO PROVIDE THAT ALL
UTILITY DEPOSITS SHALL BE MAINTAINED IN A
NON-INTEREST BEARING ACCOUNT AND TO
PROVIDE FOR THE RETURN OF UTILITY
DEPOSITS TO RESIDENTIAL CUSTOMERS AFTER A
SATISFACTORY PAYMENT RECORD FOR A
CONSECUTIVE TWELVE MONTH PERIOD; THAT
EACH AND EVERY OTHER PROVISION OF CHAPTER
26 NOT HEREIN SPECIFICALLY AMENDED SHALL
REMAIN IN FULL FORCE AND EFFECT AS
PREVIOUSLY ENACTED; PROVIDING FOR
CONFLICTS, SEVERABILITY, CODIFICATION AND
AN EFFECTIVE DATE.
WHEREAS, the City Commission of the City of Boynton
Beach, Florida, has determined that it is in the best
interests of the citizens and residents of the City to provide
that all utility deposits shall be maintained in a non-
interest bearing account;
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF
THE CITY OF BOYNTON BEACH, FLORIDA, THAT:
Section 1. Chapter 26, Sec. 26-8 of the Code of
Ordinances of the City of Boynton Beach, Florida is hereby
amended by adding the words and figures in underlined type and
by deleting the words and figures in struck-through type, as
follows:
W~ter · and Sewer
Deposits: Accounts.
Credits. Termination
~nd Re-connection.
IAI Accounts. Ail utility deposits collected by
the City pursuant to this Chapter shall be
maintained in a non-interest bearina account.
(B) Credits on Deposits for Residential Customers.
On December 1st of each year the City will refund
utility deposits to residential customers who have
maintained a consecutive twelve month satisfactory_
p~ym~n~ r~¢ord and have established services for a
consecutive twenty-four month period. Accounts
classified as commercial are not eligible for
refunds described in section (B) hereof prior to
termination of service. For purposes of this
section a ~"satisfactory payment record" shall mean
that the customer:
(i) Has not made more than one late payment after
the expiration of 30 days from the date of mailing.
(2/ H~s not paid with a check refused by the bank.
(3) H~$ not been disconnected for non-payment.
(4) H~ nQt tampered with the meter.
(5) H~S no% used service in a fraudulent or
unauthorized manner.
Notwithstanding the foregoing, if subsequent to the
refund of the deposit to the residential customer,
the customer shall become delinauent for a period
in excess of 30 days the City may require the
customer to Day a new deposit within 15 days of
written notice. Said deposit shall also be subject
to refund in accordance with the provisions of this
section.
(C) Termination of Service. Upon termination of
service the deposit, if not already refunded to the
customers account, shall be credited against the
final bill and the balance, if any. shall be
returned to the customer in the form of a check.
(D) Re-connection. Customer shall be rec_uired to
place a new deposit on account according to the
~h~n current rate upon re-connection to the City
system.
~ Each and every other provision of Chapter
26 not herein specifically amended shall remain in full force
and effect as previously enacted.
~ Ail ordinances or parts of ordinances in
conflict herewith be and the same are hereby repealed.
Section 4. Should any section or provision of this
ordinance or any portion thereof be declared by a court of
competent jurisdiction to be invalid, such decision shall not
affect the remainder of this ordinance. In the event any
portion of this ordinance which imposes a fee or tax is
declared invalid, the fee or tax previously imposed by the
City by prior legislation shall be imposed
Ordinance.
Authority is hereby given to codify this
S~i~iQ~u_~_~ This ordinance
immediately upon passage.
FIRST READING this ~ day of
shall become effective
~~W~~ , 1995.
SECOND READING AND FINAL
~z~-/~ , 1995.
ATTEST:
Ci~ Clerk
PASSAGE this /~ day of
CITY OF BOYNTON BEACH, FLORIDA
Mayor
Vice Mayor
~o~r ~sio~e~
issi6~
Sec.26
DeDosits.8/31/95