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Ordinance 854ORDINANCE NO. 854 AN ORDINANCE ESTABLISHINGG, IMPO`'ING AND PRE- SCRIBING RATES AND CHARGES TO BE CHARGED, COL- LECTED OR RECEIVED FOR GAS FURNISHED OR SOLD WITHIN THE CORPORATE LIMITS OF THE CITY OF MIAMI BEACH BY PEOPLES WATER AND GAS COMPANY, ITS SUCCESSORS AND ASSIGNS, UNDER THE FRANCHISE GRANTED BY THE CITY OF MIAMI BEACH; DECLARING EACH VIOLATION HEREOF TO BE A SEPARATE OFFENSE AND PROVIDING PENALTIES FOR SUCH VIOLATIONS; PROVIDING FOR THE PARTIAL INVALIDITY HEREOF; REPEALING ALL ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT OR INCONSISTENT HEREWITH. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF t1IAHI BEACH, FLORIDA: SECTION 1: That from and after the effective date of this ordinance, Peoples Water and Gas Company, its successors and assigns, when rendering gas service within the corporate limits of the City of tiiami Beach under the franchise heretofore granted by the Oity of ?liami Beach, shall charge, collect or receive for gas furnished or sold within such cor- porate limits no rate or charge other than the rates and charges hereby established, imposed and prescribed and set forth in the following schedules, to -wit: GENERAL SERVICE RATE "A" Applicable to use of service for: Any use of gas for all purposes by any Consumer of gas service within the corporate limits of the City of Miami Beach. RATE Monthly billing (per meter): For the first For the next For the next For the next All over 800 cu ft 24,200 cu ft 25,000 cu ft 50,000 cu ft 100,000 cu ft or less for -:1.50 at 1.70 per M cu ft at 1.65 per M cu ft at 1.55 per M cu ft at 1.45 per M cu ft MINIMUM MONTHLY BILL The minimum monthly bill shall be $1.50. This amount shall not be reduced by any adjustment, or by any proration when service is discontinued prior to the expiration of a regular monthly billing period, and for this minimum bill 800 cubic feet of gas may be used during any such billing period. PAYMENT OF BILLS Bills are rendered on a net basis at monthly intervals except the first and final bills and are due and payable within ten (10) days from the date rendered. Service may be discontinued by the Company without notice to the Consumer if bill is not paid within fifteen (15) days after date rendered. If service is discontinued for non-payment, or at the request of a consumer who has not had at least five months active service immediately prior to the request, a charge of $2.00 shall be made by the Company and paid by the Consumer, to apply towards the cost of reinstating service. DEPOSIT (A) Unless waived, a deposit mated consumption of gas in no event less than ,I; for gas service or from any person to whom the Company may be supplying gas within the corporate limits of the City of Miami Beach to secure the payment of bills due the Company. Where a deposit is required, the Company will issue its written receipt to such depositor acknowledging receipt of the amoant deposited. Interest at the rate of not less than four per cent (4%) per annum will be credited on each deposit (a) from the effective date hereof if the deposit was made prior to such effective date, or (b) from the date when the deposit is made if made on or subsequent to such effective date; and such interest shall be paid on return of the deposit. No interest shall be paid upon any deposit returned within six months after the date upon which it is made. (B) After the effective date of this rate schedule, whenever any deposit has been held by the Company for a period of two (2) years, the accrued interest on such deposit shall be credited on the next bill rendered, and a similar credit shall be allowed and made at the expiration of each succeeding two-year period. (C) If the service is discontinued for any reason, the Company shall return to the consumer, with accrued interest on the deposit, that portion of the deposit remaining after deduction of any unpaid bills. TAXES There may be added to all bills rendered under this schedule, including the minimum monthly bill, such bills' proportionate share of all increases in licenses, taxes, or assessments im- posed subsequent to the effective date of this rate schedule by any governmental authority on, or based on, production or sale of gas or revenues derived from the sale of gas. FUEL SURCHARGE (A) There shall be added to or deducted from all gas bills computed at the above rates one (1) cent per 1,000 cubic feet of gas consumed for each seven (7) cents (and major fractional part of such amount) by which the "billing cost of oil per barrel" (as such term is hereinafter defined) exceeds or is less than $3.18 (53.18 represents the weighted average cost per barrel, F. 0. B. Company's Plant, North Miami Beach, Florida, of all oil used by the Company during 1947 for the production of gas, computed upon the following basis: all Bunker "C" oil X3.108 per barrel and all Beloil 3.228 per barrel); pro- vided, however, that in no event shall the monthly bill for gas consumed be less than x'•1.50. The "billing cost of oil per barrel" shall be the quotient obtained by dividing (a) the total cost, F. 0. B. Company's plant, North Miami Beach, Florida, of all Bunker "C" oil and all Beloil used for the production of gas, during the second month preceding the period covered by a monthly bill, by (b) the total number of barrels of oil producing such total cost. (B) There shall be added to or deducted from all gas bilis computed at the above rates one (1) cent per 1,000 cubic feet of gas consumed for each eighty-six (86) cents (and major fractional part of such amount) by which the "billing cost of coal and coke per net ton" (as such term is hereinafter defined) exceeds or is less than $14.20 ($14.20 represents the weighted average base cost per net ton, F. O. B. Company's Plant, North Miami Beach, Florida, of all coal and coke used by the Company between August 1, 1947, and December 31, 1947, for water gas generator fuel, computed upon the following basis: all coal C2 $12.31 per net ton and all coke X15.84 per net ton); pro- vided, however, that in no event shall the monthly bill for gas consumed be lass than $1.50. -2- The "billing cost of coal and coke per net ton" shall be the quotient obtained by dividing (a) the total cost, F. 0. B. Company's Plant, North 'fiami Beach, Florida, of all coal and all coke used for water gas generator fuel during the second month preceding the period covered by a monthly bill, by (b) the total number of net tons of coal and coke producing such total cost, (C) The "billing cost of oil per barrel" and the "billing cost of coal and coke per net ton", as described in (A) and (B) above, will be determined monthly by the Company. A statement showing (1) the quantities and prices used for oil, coal and coke in the development of each of such billing costs, (2) the date at which and the period for which each of such billing costs was determined, and (3) the amount of rate ad- justment per 1,000 cubic feet, and shall be filed by the Company with the City Clerk not less than three (3) days prior to the effective date of such rate adjustment. A Copy of such statement will be available for inspection by the public at the Company office at which application for service may be made. REFRIGERATION, AUTOMATIC WATER HEATER AND YEAR -AROUND SERVICE RATE "B" Applicable to use of service for: All gas used by any Consumer of gas service within the corporate limits of the City of Miami Beach who applies for service under one of the following classifications: (A) A Domestic Consumer who has in continuous use on the premises a refrigerator using gas as a fuel. (B) A Consumer who agrees that all running hot water used on the premises will be supplied by an automatically controlled water heater using gas as its fuel. (C) A Consumer who contracts to use gas for a con- tinuous 12 -months o± longer period at one meter location and in one name. RATE Monthly billing (per meter) For the first 800 cu ft or less For the next 1,200 cu ft For the next 3,000 cu ft For the next 20,000 cu ft For the next 25,000 cu ft For the next 50,000 cu ft For the next 100,000 cu ft All over 200,000 cu ft $1.50 1.70 per M, cu ft 1.55 per M: cu ft 1.45 per M cu ft 1.30 per M cu ft 1.20 per M cu ft 95 per M cu ft .85 per M cu, ft MINIMUM MONTHLY BILL For classifications "A" and "B" shown above, the minimum monthly bill shall be $1.50, and for this minimum bill 800 cubic feet of gas may be used during any monthly billing period. This amount shall not be reduced by any adjustment or any proration when service is discontinued prior to the expiration of a regular monthly billing period. For classification "C" shown above, the minimum bill rendered for gas used shall be $3.00 per month for each 150 cubic feet, or fraction thereof, of the aggregate "Rated Hourly Consumption" of all gas appliances located on Consumer's premises during the contract period. For contracts covering four (4) or more apart- ment units, 66-2/3% of the aggregate "Rated Hourly Consumption" shall be used as the basis for computing the minimum monthly bill. This minimum bill shall not be reduced by any discount or adjustment. PAYMENT OF BILLS Bills are rendered on a net basis at monthly intervals except the first and final bill and are due and payable within ten (10) days from the date rendered. Service may be discontinued by the Company without notice to the Consumer if bill is not paid within fifteen (15) days after date rendered. If service is discontinued for non-payment, or at the request of a consumer who has not had at least five months active service immediately prior to the request, a charge of 12.00 shall be made by the Company and paid by the Consumer, to apply towards the cost of reinstating service. DEPOSIT (A) Unless waived, under Classifications (A) and (B), a deposit of an amount equal to the estimated consumption of gas for two (2) calendar months, but in no event less than ",10.00, will be required from each applicant for gas service or from any per- son to whom the Company may be supplying gas within the corporate limits of the City of Miami Beach to secure the payment of bills due the Company. Under Classification (C), a deposit equivalent to at least twelve times the minimum monthly bill, or the esti- mated billing for two (2) calendar months, whichever is the greater, shall be made by the Consumer to the Company at the time the contract for service under this schedule is signed. Where a deposit is required, the Company will issue its written receipt to such depositor acknowledging receipt of the amount deposited. Interest at the rate of not less than four per cent (4%) per annum will be credited on each deposit (a) from the effective date hereof if the deposit was made prior to such effective date, or (b) from the date when the deposit is made if made on or subsequent to such effective date; and such interest shall be paid on return of the deposit. No interest shall be paid upon any deposit returned within six months after the date upon which it is made. (B) After the effective date of this rate schedule, whenever any deposit has been held by the Company for a period of two (2) years, the accrued interest on such deposit shall be credited on the next bill rendered, and a similar credit shall be allowed and made at the expiration of each succeeding two-year period. (C). If service is discontinued for any reason, the Company shall return to the Consumer, with accrued interest on the deposit, that portion of the deposit remaining after deduction of any unpaid bills, and in the computation of unpaid bills for Con- sumers under Classification (C) the minimum monthly bills for the remainder of the contract term shall be included. TAXES There may be added to all bills rendered under this schedule, including the minimum monthly bill, such bills' proportionate share of all increases in licenses, taxes, or assessments im- posed subsequent to the effective date of this rate schedule by any governmental authority on, or based on, production or sale of gas or revenues derived from the sale of gas. FUEL SURCHARGE (A) There shall be added to or deducted from all gas bills computed at the above rates ono (1) cent per 1,000 cubic feet of gas consumed for each seven (7) cents (and major fractional part of such amount) by which the "billing cost of oil per barrel" (as such term is hereinafter defined) exceeds or is less than $3.18 ($3.18 represents the weighted average cost per barrel, F. O. B. Company's Plant, North T^.iami Reach, Florida, of all oil used by the Company during 1947 for the production of gas, computed upon the following basis: all Bunker "C" oil @ $3.108 per barrel, and all Beloil @ $3.228 per barrel). The "billing cost of oil per barrel" shall be the quotient ob- tained by dividing (a) the total cost F. 0. R. Company's Plant, North ik'iami Beach, Florida, of all Bunker "C" oil and all Belail used for the production of gas during the second month preceding the period covered by a monthly bill, by (b) the total number of barrels of oil producing such total cost. In no event shall the aprlication of this adjustment reduce the minimum charge below :';1.50 per meter per *month under Classi- fications (A) and (B) or below '3.00 per meter per month for each 150 cubic feet, or fraction thereof, of the aggregate "Rated Hourly Consumption" of all gas appliances located on the Consumer's premises under Classification "C". (B) There shall be added to or deducted from all gas bills com- puted at the above rates one (1) cent per 1,000 cubic feet of gas consumed for each eighty-six (86) cents (and major fractional part of such amount) by which the "billing cost of coal and coke per net ton" (as such term is hereinafter de- fined) exceeds or is less than 114.20 014.20 represents the weighted average base cost per net ton, F. 0. B. Company's Plant, North Miami Beach, Florida, of all coal and coke used by the Company between August 1, 1947, and December 31, 1947, for water gas generator fuel, computed upon the following basis: all coal @ $12.31 per net ton and all coke 0'$15.84 per net ton). The "billing cost of coal and coke per net ton" shall be the quotient obtained by dividing (a) the total cost, F. 0. B. Company's Plant, North Miami Beach, Florida, of all coal and all coke used for water gas generator fuel during the second month preceding the period covered by a monthly bill, by (b) the total number of net tons of coal and coke producing such total cost, In no event shall the application of this adjustment reduce the minimum charge below $1.50 per meter per month under Classi- fications (A) and (B) or below $3.00 per meter per month for each 150 cubic feet, or fraction thereof, of the aggregate "Rated Hourly Consumption" of all gas appliances located on the Consumer's premises under Classification '(C) . (C) The "billing cost of oil per barrel" and the"billing cost of coal and coke per net ton", as described in (A) and (B) above, will be determined monthly by the Company. A statement showing (1) the quantities and prices used for oil, coal and coke in the development of each of such billing costs, (2) the date at which and the period for which each of such billing costs was determined, and (3) the amount of rate adjustment per 1,000 cubic feet, shall be filed by the Company with the City Clerk not less than three (3) days prior to the effective date of such rate adjustment. A copy of such statement will be available for inspection by the public at the Company office at which application for service may be made. "FCTION 2: That each violation of the provisions of Section 1 hereof shall constitute a distinct and separate offense punishable by a fine not exceeding Five Hundred Dollars ($500.00). SECTION 3: That if any section, part of section, paragraph, sentence or clause of this ordinance shall be adjudged by a court of competent jurisdiction to be invalid, such decision shall not affect the validity of any other portion hereof, but shall be restricted and limited in its operation and effect to that specific portion hereof involved in the con- troversy in which such decision shall have been rendered. - 5- SECTION 4o That all ordinances or parts of ordinances, insofar as they are in conflict or inconsistent with the provisions of this ordinance, are hereby repealed. SECTION 5; That this ordinance shall become effective imme- by law PASSED and ADOPTED this 16th day of June, A. D. 1948. ATTEST: diately upon its passage and posting as required City Clerk 1st reading - 2nd reading - 3rd reading - POSTED - June 5, 1948 June 5, 1948 Juno 16, 1948 Juno 16, 1948 4 Mr.Y Mayor 01. a.:••.L STATE OF FLORIDA COUNTY OF DADE: I, C. W. TOMLINSON, City Clerk in and for the City of Miami Beach, Florida, do hereby certify that Ordinance No. 854, entitled: "AN ORDINANCE ESTABLISHING, IMPOSING AND PRESCRIBING RATES AND CHARGES TO BE CHARGED, COLLECTED OR RECEIVED FOR GAS FURNISHED OR SOLD WITHIN THE CORPORATE LIMITS OF THE CITY OF MIAMI BEACH BY PEOPLES WATER AND GAS COMPANY, ITS SUCCESSORS AND ASSIGNS, UNDER THE FRANCHISE GRANTED BY THE CITY OF MIAMI BEACH; DECLARING EACH VIOLATION HEREOF TO BE A SEPARATE OFFENSE AND PROVIDING PENALTIES FOR SUCH VIOLATIONS: PROVIDING FOR THE PARTIAL INVALIDITY HERE- OF; REPEALING ALL ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT HEREWITH OR INCONSISTENT HEREWITH", having been passed and adopted by the City Council of the City of Miami Beach, Florida, has been posted by me in three conspicuous places in the City of Miami Beach, Florida, one of which was at the door of the ;;ity Hall in said City on the 16th day of June A. D. 1948, and that said Ordinance remained posted for a period of at least thirty days in accordance with the re- quirements of the City Charter of the City of Miami Beach. IN WITNESS WHEREOF I have hereunto set my hand and affixed the official seal of the City of Miami Beach, Florida, on this the 21st day of July A. D. 1948. City.Clerk 4 03 r