Ordinance No. 80-05-70
ORDINANCE NO. 80-OS-70
AN ORDINANCE AMENDING CHAPTER 22 UTILITIES,
ARTICLE t, IN GENERAL; ADDING SECTION 22-4(e),
ADJUSTMENTS FOR LEAKS ON CONSUMER'S SIDE OF
METER; ADDING SECTION 22-4(fl, ADJUSTMENTS FOR
FILLING A SWIMMING POOL; DELETING ARTICLE II,
WATERWORKS SYSTEM, SECTION 2231, LEAKS ON
CONSUMER'S SIDE OF METER; TO PROVIDE FOR
SEVERABILITY; TO PROVIDE FOR AN EFFECTIVE DATE.
WHEREAS, the City has recently restructured its water volume rates to include
inclining block rates. This rate structure includes higher volume rates for gallons
consumed in excess of typical household consumption. This rate structure was
implemented to encourage conservation.
WHEREAS, it is not the intention of the City to create or add to circumstances
that create a hardship for any of its utility customers.
WHEREAS, the City recognizes that from time to time circumstances arise that
,,, create a hazdship on our customers that aze beyond the control of those customers.
WHEREAS, in the current code there is no provision to adjust a consumer's
utility bill for excessive water consumption for either a leak or for filling a swimming
pool.
WHEREAS, the City will consider all requests for special consideration and
approve or deny them as deemed appropriate by the city manager.
NOW, THEREFORE, BE IT ENACTED BY THE CITY COMMISSION ON
BEHALF OF THE PEOPLE OF THE CITY OF ATLANTIC BEACH, FLORIDA,
that;
1. Chapter 22 Utilities, of the Code of Ordinances of the City of Atlantic Beach,
Florida is hereby amended to read as follows:
Article I, In General:
Sec. 22-4. Authority to adjust or waive charges in appropriate cases.
(e). Adjustments for leaks on consumer's side of meter.
An adjustment may be made to the rate chazt~ed for excessive water volume
consumed as a result of a leak located on the user's side of the meter. The
adjustment for water volume charges would be based on water usage in excess of
that location's avera eg normal monthly consumption for the previous twelve-
month period. The adjusted rate for those excess gallons used would be the rate
in effect for the four (4) to eigh~8 thousand gallon usage per month block rate.
Also, an adjustment may be made to_the_sewer volume portion of the utility bill as
a result of a leak on the consumer side of the meter if the water service was
broken at a point where the discharge did not enter the sanitary sewer system.
The City shall decide the extent of the adjustment based on water usage in excess
of that location's_average normal monthly usage for the previous twelve-month
eriod.
An request for an adjustment for either water volume or sewer volume charges
must be accompanied by documentation of the leak. in a format acceptable to the
C
No allowances will be made due to running water due to weather conditions.
(fl. Adjustments for fillips a swimming Wool.
A one time, per owner, allowance or adjustment of volume billed for gallons used
may be made to the rate charged for excessive water consumed as a result of
filling a swimming,pool. The adjustment would be based on water usage in
excess of that location's normal monthly usage based on prior consumption
history of the previous twelve month period. The adjusted rate for those excess
gallons used would be the rate in effect for the four (4) to eight (8) thousand
gallon usage per month block rate.
Any request for an adjustment for water volume charges for filling a pool must be
accompanied by documentation for a new pool or repair, in a format acceptable to
the Ci
Article II, Waterworks System:
SECTION 2. Severability
If any section, sentence, clause, or phrase of this ordinance is held to be invalid or
unconstitutional by any court of competent jurisdiction, then said holding shall in
,,, no way affect the validity of the remaining portions of this ordinance.
SECTION 3. Effective Date
This Ordinance shall take effect upon its final passage and adoption.
Passed by the City Commission on first reading this 2'~+~' Day of January, 2005
Passed by the City Commission on first reading this (' ~ Day of February,2005
f
Approved as to form and correctness:
`~~ 1C ~~----""
C. Je a squire
City Att
ATTEST:
Donna Bussey
City Clerk