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12-007 11 1 ORDINANCE NO. 12 -007 2 3 AN ORDINANCE OF THE CITY COMMISSION OF THE 4 CITY OF BOYNTON BEACH, FLORIDA AMENDING 5 CHAPTER 26, WATER, SEWERS AND CITY UTILITIES, 6 SECTIONS 26 -8 AND 26 -8.1 TO REVISE THE FEES FOR 7 PARTICULAR SERVICES TO UTILITY CUSTOMERS; 8 PROVIDING FOR CONFLICTS, SEVERABILITY, 9 CODIFICATION AND AN EFFECTIVE DATE. 11 12 13 WHEREAS, the Meter Services Division is responsible for field response to customer 14 requests for assistance, investigations from bill irregularities and other work order issues for 15 field verification in relation to utility services; and 16 WHEREAS, there has been an increasing demand for these field services, often 17 requested by the customer, which in many cases, there are no fees; and 18 WHEREAS, an analysis was prepared documenting staff time and material costs 19 compared to other nearby jurisdictions; and 20 WHEREAS, the provisions of Section 180.136, Florida Statutes, requiring notice of 21 proposed increase to any rate, charge or fee for water or sewer utility service, have been 22 ' i satisfied, as the required notice has been furnished to each utility customer through the City's 23 I regular billing process; and 24 WHEREAS, the City Commission of the City of Boynton Beach, based upon the 25 , justification provided by City staff, deems it to be in the best interests of the citizens and 26 residents of the City to amend Chapter 26, Water, Sewers and City Utilities, of the City of 27 1 1 Boynton Beach Code of Ordinances to provide for these necessary changes. 28 NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF 1 { I I 1 1 THE CITY OF BOYNTON BEACH, FLORIDA, THAT: 2 Section 1. Each Whereas clause set forth above is true and correct and incorporated 3 herein by this reference. 4 Section 2. That Chapter 26, Article I, Section 26 -8, entitled Water and sewer 5 connection, deposit and service charges, is hereby amended in part by adding the words in 6' underline and deleting the words that are struck - through as follows: 7 Sec. 26 -8. Water and sewer connection, deposit and service charges. 8i , There is hereby established a fee structure for water and sewer service, field visits, turn ons, meter 91 connections and deposits, and miscellaneous services as set forth below: Field Visit Services Charge Per Occurrence Turn on Field visit (Including, but not limited to: initial read on, initial read shut, fina $20 read on, final read shut, temporary disconnects, non - emergency shut off for repair customer requested meter locates, and installation, movement, or removal o hydrant/construction meters.) Turn off $29 Turn-on after hours $55 Turn-off after hours $55 Meter test (Based on meter size)* $28 $130 1" $150 1 '/z" $206 2" $230 3" and above $515 Re -read* (customer request) $20 Residential $30 Commercial / Multi- Family $40 Water shut -off charge for non - payment $40 ' 1 Labor charge for meter upgrades $60 2 I G ' I s Flow test* $30 Dishonored checks $25 Late payment $10 *No charge if meter error, city's error, or substandard flow rate is detected. Any adjustments to the utility bill will be no more than three (3) months. 1 , 2 Customer Tampering/Damages The Utilities Department is authorized to collect expenses for damages to meters /servicf by customers. If damages result from tampering, a per hour rate for staff time an Charge Per material will be applied. All charges will be assessed to the account when Occurrence tampering/damages occurred. Unauthorized reconnection of service $150 Pulled meter / reinstallation (In addition to the unauthorized reconnection of service $50 charge for instances in which unauthorized connections cannot be securely disconnected 1 due to tampering and/or damages or inability to lock the meter.) Illegal meter bypass (For theft of service after meter has been pulled or if jumper lines $150 are used around existing meter. This charge may be applied alone or in addition to other tampering charges.) 3' Meter Connection Charges Meter Size (in inches) Inside City Outside City Deposit 5/8" and 3/4" $220 $275 $100 1" $255 $315 $125 1 1 /2" $455 $565 $250 2" $530 $660 $400 + i 3" Furnished and installed by and at the expense o $750 customer 3 gl to 4" Furnished and installed by and at the expense o $1,250 customer 6" Furnished and installed by and at the expense o $2,500 customer 8" Furnished and installed by and at the expense o customer $4,000 {s Construction Meters 1 11 Meter Size (in inches) Penalty for Nonread/month Deposit 1 3 /4" $25 $100 I , 1" $25 $100 1 1 I 1 V2" $25 $200 !' 1 2" $25 $200 Hydrant meter $150 $600 i If the customer requests to increase the size of his water meter to a size greater than originally installed, I the customer shall pay only the differential cost between the original meter and the cost of the new meter for both the connection and deposit charges. fl d ' Section 3. That Chapter 26, Article I, Section 26 -8.1, entitled Water and sewer I 81 deposits; accounts, credits, termination and re- connection is hereby amended by adding section i ' 9 (g) as follows: 10i 1 Sec. 26 -8.1 Water and sewer deposits; accounts, credits, termination and re- connection. 111 (a) Accounts. All utility deposits collected by the city pursuant to this chapter shall be 12 maintained in a non - interest bearing account. i 131 (b) Credits on deposits for residential customers. On December 1st of each year the city 1 will refund utility deposits to residential customers who have maintained a consecutive twelve 1 1 (12) month satisfactory payment record and have established services for a consecutive twenty - 1 , four (24) month period. Accounts classified as commercial are not eligible for refunds !I 4 j 1 1 1 described in section (b) hereof prior to termination of service. For purposes of this section a 2 "satisfactory payment record" shall mean that the customer: 3 (1) Has not made more than one late payment after the expiration of 30 days from the 4 date of mailing. 5 (2) Has not paid with a check refused by the bank. 6 (3) Has not been disconnected for non - payment. / (4) Has not tampered with the meter. 8 ! (5) Has not used service in a fraudulent or unauthorized manner. 91 Notwithstanding the foregoing, if subsequent to the refund of the deposit to the residential 10 customer, the customer shall become delinquent for a period in excess of 30 days the city may 11 ,, require the customer to pay a new deposit within 15 days of written notice. Said deposit shall 12 also be subject to refund in accordance with the provisions of this section. 13' (c) Termination of service. Upon termination of service the deposit, if not already 11 refunded to the customers account, shall be credited against the final bill and the balance, if 1$ any, shall be returned to the customer in the form of a check. 16 (d) Re- connection. Customer shall be required to place a new deposit on account 1'/ ! according to the then current rate upon reconnection to the city system. 18' (e) Billing for utility service for parcels that will receive both water and sewer service 1 ; shall commence on the first day that either a sewer connection is made, or the water meter is set 2( 1 1 in place. Billing for parcels receiving sewer service shall commence on the day that the sewer 2 1 1 service line is connected to the City's utility system. For initial billing periods of less than 41 thirty (30) days, the base facility charge will be pro -rated by multiplying the standard base 2i facility charge by the number of days the service was provided, and then dividing by thirty (30). 1 2 (f) Base facility charge. The base facility charge is defined as the monthly base fee 2 charged per unit that shall be levied upon the initiation of service. The base facility charge is used to defray those non - consumption related operational expenses such as salaries, debt 28 service, meter reading, billing and maintenance activities associated with the City's utility 29 department, that are incurred regardless of water usage. 3(11 (g) Temporary account activation for purpose of property inspection. Customer shall be 3' I required to open a new account including a deposit under current rates. All charges will be 321 applied in same manner as they are for all new accounts. 311 34 Section 4. Each and every other provision of Chapter 26, not herein specifically 3 ,' amended shall remain in full force and effect as previously enacted. 5 Section 5. All ordinances or parts of ordinances in conflict herewith be and the 2 same are hereby repealed. 3 Section 6. Should any section or provision of this ordinance or portion hereof, any 4 paragraph, sentence or word be declared by a court of competent jurisdiction to be invalid, 5 such decision shall not affect the remainder of this ordinance. 6 Section 7. Authority is hereby granted to codify said ordinance. 7 Section 8. This ordinance shall become effective July 1, 2012. 8 FIRST READING this 1st day of May, 2012. 9, 10 SECOND, FINAL READING AND PASSAGE this 5 day of 11 Jae„ , 2012. 12 13 CITY 0 :OYNTON BEACH, - ORIDA 14 16 Mayor — Wo • row r� 18 �. 19 ' ce Mayor — :ck McCray 22 Com 'p — William Orlove 23 /� ' 24 . � �' 25 i Commiss • -y' St ven o 26 Z 27 28 ATTEST: Commissioner — Marlene Ross 29 30 31 ��a� _ U • rL 32 j et M. Prainito, CMC 33 i ity Clerk 37 IRATE AL) apt, �� ti 6