Ordinance 82-2306ORDINANCE NO. 82-2306
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY
OF MIAMI BEACH, FLORIDA, AMENDING SECTION 45-
20.2 OF THE CITY CODE 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 FIFTY-ONE CENTS PER
THOUSAND GALLONS TO SIXTY-ONE CENTS PER THOU-
SAND GALLONS.
LEGISLATIVE INTENT
Since approximately July, 1981, the Miami Dade Water and Sewer
Authority ("WASA") has attempted to increase its sewage rates to the
City of Miami Beach from $0.2804 to $0.3779 per thousand gallons of
usage. The City of Miami Beach, on behalf of its residents, has
filed suit to challenge that increase on the grounds that it is dis-
criminatory and unjust. However, as more specifically described in
the accompanying Commission Memorandum from the City Manager, the
City's auditors have made the preliminary determination that approx-
imately one-half of the WASA rate increase is probably reasonable.
For that reason, the City Commission believes it is in the best in-
terest of the City to increase its rates to reflect this portion of
the WASA increase, and collect and escrow those funds pending reso-
lution of the litigation. Such collections will demonstrate the
City's good faith in seeking an equitable settlement with WASA of
the disputed charges. Accordingly, based on the recommendations of
the City Manager and City Attorney, the City Commission finds that
it is in the best interest of the City and its residents to increase
the Miami Beach sanitary sewer service rates as provided below.
THEREFORE,
BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF MIAMI
BEACH, FLORIDA:
SECTION 1 INCREASE OF RATES
Pursuant to Section 28(2) of the Miami Beach City Charter, the City
Commission of the City of Miami Beach hereby amends the second sen-
tence of §45-20.2 of the City Code as follows:
"Such sanitary sewer service charge shall be in
an amount equal to f ty-ene sixty-one cents per
thousand gallons of water delivered to the con-
sumer as shown by the water bills rendered in
accordance with this chapter."
SECTION 2 PAYMENT TO DADE COUNTY
The Administration is authorized to escrow the funds collected as a
result of this increase, or to pay such funds to the Miami -Dade
Water & Sewer Authority, as recommended by the City Attorney and
special counsel, or as required by court order.
SECTION 3
All other ordinances or parts of ordinances in conflict herewith be
and the same are hereby repealed.
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OFFICE OF THE CITY ATTORNEY - 1700 CONVENTION CENTER DRIVE - MIAMI BEACH, FLORIDA 33139
SECTION 4
This ordinance shall take effect 10 days after adop-
tion on May 1 , 1982.
1982.
ATTEST
PASSED and ADOPTED this 21st day of
April
MAYOR
CITY CLERK
(Words underscored are added, words stfeeh thteligh are deleted.)
1st reading - March 17, 1982
2nd reading - April 21, 1982
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APPROVM
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OFFICE OF THE CITY ATTORNEY - 1700 CONVENTION CENTER DRIVE - MIAMI BEACH, FLORIDA 33139
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