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Ordinance 94-2939 ORDINANCE NO. 94-2939 AN EMERGENCY ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, AMENDING MIAMI BEACH CITY CODE CHAPTER 45, ENTITLED, "WATER"; AMENDING SECTION 45-20.2, ENTITLED "SANITARY SEWER SERVICE CHARGE", TO INCREASE THE SANITARY SEWER SERVICE CHARGE IMPOSED BY THE CITY UPON ALL PREMISES CONNECTED TO OR USING THE CITY'S SANITARY SEWER SYSTEM, FROM ONE DOLLAR AND NINETY-FOUR CENTS PER THOUSAND GALLONS TO TWO DOLLARS AND FOURTEEN CENTS PER THOUSAND GALLONS, EFFECTIVE OCTOBER 1, 1994; PROVIDING FOR REPEALER; SEVERABILITY; AND AN EFFECTIVE DATE. WHEREAS, the Miami Dade Water and Sewer Authority will be increasing the wholesale water and sewer rates for,the fiscal year, beginning October 1, 1994; and WHEREAS, it is necessary to pass these rate increases on to the consumers; and WHEREAS, if the City's proposed rate increases do not go into effect by the date when the County's increase becomes effective, the City will lose revenues necessary to provide needed services to its citizens; and WHEREAS, in order to have the City's increased water and sewer rates effective on the date when the County's increases become effective, it is necessary to adopt these increases as an emergency ordinance. NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA: SECTION 1: That Section 45-20.2 of Miami Beach City Code Chapter 45, entitled "Water", is hereby amended to read as follows: Sec. 45-20.2. Sanitary sewer service charge. There is hereby imposed, upon all premises within the city connected to or using the facilities of the city's sanitary sewer system, a monthly sanitary sewer service charge. -1- 3 Such sanitary sewer service charge shall be in an amount equal to one dollar and niftety-feuf two dollars and fourteen cents per thousand gallons of water delivered to the consumer as shown by the water bills rendered in accordance with this Chapter. The sanitary sewer service charge shall be applied to all accounts based upon meter readings on or after October 3, 43 1994. The amount of such sanitary • sewer service charge shall be shown as a separate item on such water bills and shall be paid by the owner, tenant or occupant in possession of such premises at the same time and in the same manner as is provided in this chapter for the payment of water bills. The sanitary sewer service charge imposed hereby shall become effective upon the expiration of thirty days' written notice thereof to each and every owner affected thereby as provided herein. Provided, however, that the customer may file (between October 1 and September 30 of each year) an affidavit on the form prescribed by the city, stating that water was used regularly for sprinkling or for other purposes that did not enter the system during the preceding fiscal year (October 1 through September 30). Upon verification by a representative of the city, the customer shall receive a credit equal to six percent of the total amount of sanitary sewer service charges paid by the customer during the preceding year. Further provided, that the provisions of this section shall not be applicable to any water sold and delivered through separate meters measuring water delivered and consumed solely for swimming pools, lawn sprinkler systems or other purposes not requiring the use of sanitary sewer system facilities of the city. SECTION 2. REPEALER. All Ordinances or parts of Ordinances in conflict herewith be and the same are hereby repealed. SECTION 3. SEVERABILITY. If any section, subsection, clause or provision of this Ordinance is held invalid, the remainder shall not be affected by such invalidity. -2- 3 SECTION 4. EFFECTIVE DATE. Pursuant to Section 2.05 of the City Charter this emergency ordinance shall become effective on the 1st day of October, 1994. PASSED and ADOPTED THIS 26th day of Setember , 1994. Mayor ATTEST: City Clerk Words in seugh type are deletions from existing Ordinance. Words in underscored type are additions. DR\RDR c:\cm\swr-ord.945 1st reading 9/8/94 2nd reading 9/26/94 FORM APPROVED LEGAL DEPT. By e 9 Date -3- CITY OF MIAMI BEACH CITY HALL 1700 CONVENTION CENTER DRIVE MIAMI BEACH FLORIDA 33139 COMMISSION MEMORANDUM NO. '72.-7, • TO: Mayor Seymour Gelber and DATE: September 26., 1994 Members of the City Commission FROM: Roger M.Carl = ( City Manager SUBJECT: APPROVAL OF AN EMERGENCY ORDINANCE AMENDING THE CITY OF MIAMI BEACH CITY CODE CHAPTER 45, SECTION 45-202 TO INCREASE THE SANITARY SEWER SERVICE CHARGE IMPOSED BY THE CITY FROM ONE DOLLAR AND NINETY-FOUR CENTS ($1.94) PER THOUSAND GALLONS TO TWO DOLLARS AND FOURTEEN CENTS ($2.14) PER THOUSAND GALLONS, EFFECTIVE OCTOBER 1, 1994. ADMINISTRATION RECOMMENDATION: The Administration recommends that the City Commission approve an emergency ordinance amending Chapter 45, Section 45-20.2 to increase the sanitary sewer service charge imposed by the City upon all premises connected to or using the City's sanitary sewer system from One Dollar and Ninety-Four Cents ($1.94) per thousand gallons to Two Dollars and Fourteen Cents ($2.14) per thousand gallons, effective October 1, 1994. BACKGROUND The Miami-Dade Water and Sewer Authority Department is increasing the volume sewer customer rates for the fiscal year beginning October 1, 1994, and it is necessary to pass these rate increases on to the consumers. In keeping with the Miami- Dade Water and Sewer Authority rate increases, on September 8, 1994 the City Commission approved an ordinance which parallels the Miami- Dade Water and Sewer Department volume sewer rate increase to municipal customers by amending Chapter 45, Section 45-20.2 of the Miami Beach City Code to pass these increased rates to consumers. If the City's proposed rate increases do not go into effect by the date when the County's increases become effective, the City will lose revenues necessary to provide needed services to its citizens. ` 16 AGENDA ITEM R-3' u DATE 9- —9 L( r Commission Memorandum Page 2 September 2 6, 1994 However, an ordinance does not become effective until at least 10 days after adoption unless they are passed as emergency ordinances. In order to have the City's increased water and sewer rates effective on the date when the County's increases become effective, it is therefore necessary to adopt these increases as an emergency ordinance. Due to notice requirements, the second reading of the emergency ordinance must be changed from September 22, 1994 to September 26, 1994. CONCLUSION The City of Miami Beach, as a volume user customer, is subject to periodic rate increases in accordance with the contract with the Miami-Dade Water and Sewer Authority Department. In order for the City to recover the increases, they are passed through to the retail users. It is recommended that the proposed emergency ordinance be passed and that the second reading of the proposed ordinance from September 22, 1994 to September 26, 1994. RMC/DR/RDR Attachment �\rdr\cm\sar2ra«.945 17 Lr-1 • a) • 3 a) a) cn CA C..) 0CV) 4J :1 a) •r-I • :NJ rt7J o ( Ni" C.) C./) cf% • • • 4-)• CNI • C) •H • • C) • CNI • = I • -I C.) ir) • ' -1- • (1.1 .03 • r-1 1).0 •r-f a) 'ae• cti .1-I CID E rI cd (1.) Eo O• cti • (3) ••• ci 3.4 • cd •