HomeMy WebLinkAboutCity of Tamarac Ordinance O-1978-050Introduced by: co;�
Temp. #566
Revised 7/17/78
Revised 7/13/78
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FLORIDA:
CITY OF TAMARAC, FLORIDA
ORDINANCE NO. Q - 7,P .,5-0
AN ORDINANCE PERTAINING IO THE FURNISHING OF WATER
SERVICE IN THE CITY OF TAMARAC; PROVIDING FOR
APPLICATION FOR WATER SERVICE; REQUIRING WATER
METERS; PROVIDING FOR WATER SERVICE DEPOSITS;
PROVIDING THE MANNER IN WHICH DEPOSITS ARE TO BE
TREATED BY THE CITY; PROVIDING THAT DEPOSITS ARE
TO BE USED TO SEE THAT ALL MONIES OWED THE CITY ARE
PAID; PROVIDING FOR FEES FOR CONNECTION TO THE CITY'S
WATER SYSTEM; ADOPTING RATES FOR USAGE OF THE CITY'S
WATER SYSTEM; PROVIDING ADDITIONAL CHARGE FOR DE-
LINQUENT WATER SERVICE BILLS; PROVIDING FOR NOTICE
OF HEARING AND OPPORTUNITY FOR HEARING TO CONTEST
WATER SERVICE BILLS WHEN THERE IS A CLAIM OF OVER-
CHARGING OR CHARGING FOR SERVICES NOT RENDERED; PRO-
VIDING FOR DISCONTINUANCE OF WATER SERVICE UNDER
CERTAIN CIRCUMSTANCES; PROVIDING DISCONNECTION AND
RECONNECTION CHARGES; PROVIDING FOR HANDLING OF DIS-
CONNECTION OF SERVICE UNDER CERTAIN CI RCUMSTANIE_S__, ._..
PROHIBITING INJURING OR TAMPERING WITH THE FACILITIES
OF THE CITY'S WATER SYSTEM; PROHIBITING CONNECTIONS
OR ANY OTHER METHOD OF BY-PASSING METERS IN THE CITY'S
WATER SYSTEM; REQUIRING CONSENT OF THE CITY TO TAP INTO
IN ANY WAY THE CITY'S WATER SYSTEM; PROVIDING FOR COD-
IFICATION; PROVIDING FOR REPEALER; PROVIDING FOR
SEVERABILITY; PROVIDING FOR PENALTY AND PROVIDING
FOR AN EFFECTIVE DATE.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF TAMARAC,
SECTION 1: Application for water service.
Applications for water from the city waterworks system
shall be made to the Finance Department on appropriate forms
furnished for that purpose and shall be signed by the owner of the
property, or his agent, or tenant, or the consumer.
SECTION 2: Water meters required.
At least one water meter shall be installed in the water
connection to each building, except fire hydrants which need not be
metered.
SECTION 3: Water Service Deposit - Required prior to
connection to water system.
The City, through the Finance Department, shall collect
a water service deposit from any person securing water connection
with the city waterworks system as follows:
METER SIZE
5/8" x 3/4"
MINIMUM DEPOSIT
$ 60.00
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1 "
L,N
$ 145.00
290.00
460.00
1720.00
Where a consumer utilizes more than one water meter, the
deposit for the additional meter(s) shall be determined by the City
Manager in relation to the estimated total amount of water to be
consumed.
For four -.inch meters whe-r-e— the. -- ---
monthly water bill substantially exceeds the deposit required by
this section, the City Manager may require an additional deposit
in relation to the estimated amount of water to be consumed.
Such deposits shall bear no interest and shall remain with
the water utility as long as the consumer continues to take water.
Deposits made prior to the effective date of this ordinance that
were in conformance with existing regulations need not be increased
to meet the requirements of this section.
SECTION 4: Same - Purpose; charges against; refund.
Water service deposits required by this ordinance shall
constitute a guarantee to the City that all sums of money, due by
virtue of the furnishing of water service, meters or any other
service related to the furnishing of water service to the person
making such deposit, are fully paid, and upon the payment of all sucl
sums the City shall upon the disconnection of water service, refund
and return to the person making such deposit the amount of such
deposit or the net amount thereof, after deducting such sums as
may be due the City.
SECTION 5: Same - Disposition.
All water service deposits made under the provisions of
this ordinance shall be deposited in the utility system fund, and
such funds shall be kept separate from all other funds of the City.
SECTION 6. Fees for connection to water system.
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The following connection charges shall apply to bring the
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water distribution service line to the owner's property line:
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5/8"& 3/4" _ $ 60:00
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1" 150.00
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1 ' 210.00
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211 300.00
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Any meter size over 2" actual cost of installation
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SECTION 7: Schedule of water rates and charges.
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Water rates shall be as set in Ordinance 77-31.
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SECTION 8:
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Each business or residence served by the City's waterworks
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system must have and pay for a water meter which meter remains the
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property of the City and is not transferable to another residence
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or business site. This meter is to be used for measuring flow.
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Flow will be the ultimate basis for water charges. The City is in
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the process of installing water meters for each customer and must
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charge for said meters before they are all installed to obtain the
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capital for said meters. The City has obtained a federal grant to
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assist its residents in keeping the meter installation charge as low
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as possible. This grant is for all residences served by the City as
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of the effective date of this ordinance. The water meter fee for
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these residences is established at $60.00 payable in $15.00 install-
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ments due on March 30, 1978, June 30, 1978, September 30, 1978, and
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December 31, 1978. Payments not received within fourteen days of
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their due date will be considered to be delinquent and the City shall
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proceed under the provisions of Section 10 to have water service
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discontinued.
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The water meter installation fee for those residences and
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businesses connecting to the City's waterworks system after the
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effective date of this ordinance shall be $100.00 per meter.
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SECTION 9: Delinquent water bill - Additional chare
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after fifteenth day after billin .
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If the water bill, including water service charges, is not
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in.January, July 14 for bills rendered in April, October 14 for
bills rendered in July and January 14 for bills rendered in October,
an additional charge of ten percent of the current billing shall be
added thereto. For the purpose of this ordinance,the word paid mean
received or postmarked on or before the day after due date.
SECTION 10. Delinquent Water Bill - Opportunity for
Hearing. Discontinuance of service and disconnection of premi.ses
from system after thirty days; disconnection charge.
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If the water bill or meter installation or other charge is
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not paid within fourteen days after the due date, by April 14
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for bills rendered in January, July 14 for bills rendered in April,
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October 14 for bills rendered in July and January 14 for bills ren-
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dered in October, the Finance Department will mail a notice to the
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party posting the deposit, to the person(s) shown on the latest
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Broward County Tax Records as the owner of the property, and to the
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premises, advising the party using the water service, the property
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owner and any other party known to the City who may be affected by
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the termination of water service of their right to a Hearing before
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an individual within the City Administration designated by the City
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Manager. The notice will provide that the Hearing must be requestedl'
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in writing within two weeks of receipt of notice of the right to havf
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a Hearing. The Hearing shall be informal and for the purpose of
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determining whether the City is overcharging, or charging for
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services not rendered. A party may be represented by counsel at
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the Hearing. The Hearing Officer is entitled to resolve the dispute
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by waiving or modifying any charges imposed by the City. The Hearin(
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Officer is also empowered to find that the billing was proper. If
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it is determined by the Hearing Officer that monies are due the City
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for water service, or meter installation or other charge, he shall
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so notify in writing the party(s) shown on the latest Broward
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County Tax Records as the owner of the property and the party postini,
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the deposit and mail a copy of his findings to the property. If
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full payment is not made within fourteen days of the date of the
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notice, water service will be shut off.
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If a Hearing is not requested, and if any water bill is
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not paid within thirty days from the original due date of payment,th
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service shall be discontinued and -the premises of such delinquent
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customer shall be disconnected from the water system of the City
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immediately upon the expiration of said thirty days. If water
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service is disconnected pursuant to this section, a disconnecting
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charge of $5.00 shall be made by the City.
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Such charge shall be debited against the deposit that the customer
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maintains with the City.
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All monies owed the City for water service shall be deemed
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liens on the property which liens may be filed in the Official
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Records of Broward County.
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SECTION 11: Same - Prerequisites to reconnection within
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thirty days; removal of meter after thirty days.
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If, within thirty days after disconnection pursuant to
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Section 10, the delinquent customer has not paid his bill in full
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and restored the $5.00 disconnecting
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charge to his water meter deposit account, plus the payment of an
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additional $5.00 to the City as a
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reconnecting charge, the meter on the premises of such delinquent
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customer shall be removed, and any balance in the water meter
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deposit fund of such delinquent customer shall be refunded to him.
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SECTION 12: Same - Prerequisites to reinstalling meter.
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After removal of a meter pursuant to Section 11, such
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meter shall not be reinstalled on the same premises until such
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delinquent bill is paid in full, in the event the bill exceeded
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the amount of the meter deposit in the customer's account with the
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City, plus the $5.00 disconnecting
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charge, and unless the meter deposit account is restored to the City
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for such premises, and unless a sum of $5.00
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is paid to the City for the cost of reinstalling such meter.
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SECTION 13: Disconnection of service after first of month.
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If the disconnection of water service is made at any time
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bill shall be prorated so that the customer will pay for service
for that whole month but not for subsequent months within the
billing period.
SECTION 14: Injuring, tampering with, etc., facilities of
water o1ant or water system.
No person shall injure or knowingly suffer to be injured
any meter, pipe or fittings connected with or belonging to ,the
City water system, tamper or meddle with any meter or other,
appl,icances or any part of such system in such manner as to cause
loss or damage to the City; prevent any meter installed for register-
ing water from registering the quantity which otherwise would pass
through the same; alter the index or break the seal of any such
meter; in any way hinder or interfere with the proper action or
just registration of any such meter; fraudulently use, waste or
suffer the waste of water passing through any such meter, pipe or
fitting, or other applicance or appurtenance connected with or
belonging to such system after such meter, pipe, fitting applicance
or appurtenance has been tampered with, injured or altered..
SECTION 15: Connections, etc., used to bypass, etc.,meters.
No person shall make or cause to be made any connection
with any main service pipe or other pipes, applicance or appurtenance
used for or in connection with the city water system in such manner
as to cause to be supplied water from such plant to any faucet or
other outlet whatsoever without such water passing through a meter
provided by the City and used for measuring and registering the
quantity of water passing through the same, or make or cause to be
made, without the consent of the City, any connection with any such
plant or any main, pipe, service pipe or other instrument or
applicance connected with such plant in such manner as to take or
use, without the consent of the City, any water.
SECTION 16: Prima facie evidence of violation of sections
14 and 15.
The existence of any connection, wire, conductor, meter
alteration or any device whatsoever which offsets the diversion of
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water without the same being measured or registered by or on a
meter installed for that purpose by the City, or the use or waste of
water furnished by the City without its being measured or registered
on a meter provided therefor by the City, shall be prima facie
evidence of intent to violate and of the violation of sections 14
and 15 by the person using or receiving the direct benefits from the
use of the water passing through such connection, device or altered
meter, or being used without being measured or registered on a meter,
SECTION 17. Consent of Cit,� required to tap mains, etc.;
use of water without consent of City.
No person, without the consent of the City or any of its
officers, agents or employees shall tap any pipe or main belonging
to the City water system for the purpose of taking or using water
of the water system from such pipe or main, or for any other purpose:
or without the consent of the City, its officers, agents or em-
ployees, shall take or use any water from the City water system pipe!
or mains, or from any hydrant used for the purpose of taking or
drawing water from such pipes or mains.
SECTION 18. Codification.
Specific authority is hereby granted to codify this
ordinance.
SECTION 19. Severability.
Should any section or provision of this ordinance or any
portion hereof or any paragraph, sentence or word be declared by a
Court of competent jurisdiction to be invalid, such decision shall
not affect the validity of the remainder hereof as a whole or any
part hereof other than the part declared to be invalid.
SECTION 20. Repealer.
All ordinances or parts of ordinances in conflict herewith
are repealed to the extent of such conflict.
SECTION 21. Penalty.
Violation of any provision of this ordinance shall be
punishable by a fine not to exceed five hundred ($500.00) dollars
or by incarceration not to exceed sixty (60) days or both.
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SECTION 22: Effective date.
This ordinance shall become effective immediately upon
its final passage. -
PASSED FIRST READING this 1 day of ,1978.
PASSED SECOND READING this a,O day of �1978.
ATTEST:
I HEREBY CERTIFY that I have
approved the form and correct-
ness of this ORDINANCE
CITY ATTORNEY
R
RECORD 07 COUNCIL VOTE
MAYOR W. FALCK
vIM H. MASSARO —6�, -- —
CIM H. WIENER __. ---
CIM I.M. DISRAELLY w �/
CIVJ M. KELC//_