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.
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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.
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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
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CITY OF MIAMI BEACH
CITY HALL 1700 CONVENTION CENTER DRIVE MIAMI BEACH FLORIDA 33139
COMMISSION MEMORANDUM NO. '72.-7,
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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.
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AGENDA ITEM R-3' u
DATE 9- —9 L(
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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
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