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HomeMy WebLinkAboutOrdinance No. 15-19981 1 ORDINANCE NO. 15-98 AN ORDINANCE OF THE CITY OF CAPE CANAVERAL, BREVARD COUNTY, FLORIDA, AMENDING CHAPTER 78, ARTICLE IV, RECLAIMED WATER, BY AMENDING SECTION 78 -176, DEFINITIONS, AND SECTION 78 -177, CONNECTION TO THE SYSTEM AND ADDING SECTION 78 -181, RIGHT TO REFUSE SERVICE, OF THE CODE OF CAPE CANAVERAL, FLORIDA, PROVIDING FOR SEVERABILITY; PROVIDING FOR REPEAL OF CONFLICTING ORDINANCES AND RESOLUTIONS; AND PROVIDING FOR AN EFFECTIVE DATE. BE IT ORDAINED, by the City Council of the City of Cape Canaveral, Brevard County, Florida, as follows: SECTION 1. Section 78 -176, Definitions, is hereby amended by the addition of the following definitions: Hose Bib — means a special connection installed and provided by the city at certain points of delivery of reclaimed water that will enable the customer to attach a hose to use reclaimed water for non - potable water purposes. Service Line — shall mean that conduit to convey reclaimed water from the distribution main to the applicant's property line. SECTION 2. Section 78 -177, Connection to the System, is hereby deleted in its entirety, and the following is adopted in lieu thereof: (a) Reclaimed water service may be provided for properties located within the city service area which comply with the provisions for such as set forth in this article and the Land Development Code. Reclaimed water may be available to properties within the service area as the distribution system is extended. All applications for service shall be reviewed by the City Manager and the Public 1 City of Cape Canaveral, Florida Ordinance No. 15 -98 Page 2 Works Director, who shall approve such service only if an adequate supply of reclaimed water is and will be available to meet all the anticipated needs. The City Manager and Public Works director shall review and technically approve all service line sizes and all other necessary design components. (b) The existence of a reclaimed water main adjacent to or near the premises of an applicant for the service does not necessarily mean that the service is available to that location. The city may install a reclaimed water service line upon request by an applicant and payment of any /all appropriate fees by the applicant. SECTION 3. Section 78- 181 — Right to Refuse Service, is hereby adopted as follows: No payment of fees, submittal of an application, or other act to receive reclaimed water service shall guarantee such service. The city shall have the right, at all times, to refuse to extend service on the basis of a use detriment to the system, inadequate supply of reclaimed water, lack of payment of required fees, or for any other reason which, in the judgement of the city manager, will cause the extension not to be of benefit to the city. SECTION 4. SEVERABILITY. If any section, paragraph, phrase, or word of this Ordinance is held to be unconstitutional or invalid, such portion shall not affect the remaining portions hereof, and it shall be construed to have been a legislative intent to pass this Ordinance without such unconstitutional or invalid part. SECTION 5. CONFLICTING PROVISIONS. Any ordinance or resolution, or parts of an ordinance or resolution, in conflict herewith re repealed. City of Cape Canaveral, Florida Ordinance No. 15 -98 Page 3 SECTION 6. EFFECTIVE DATE. This Ordinance shall take effect immediately upon its adoption. ADOPTED BY the City Council of the City of Cape Canaveral, Florida, this 17th day of March, 1998. BURT BRUNS 0. Sims, CITY CLERK TONY HERNANDEZ X Rocky Randels, MAYOR FOR AGAINST b ' UZZ PETSOS X ROCKY RANDELS JOY SALAMONE \\CAP&Nllcityolark\Cityelk\O Oenaes\Reolarmed We4erAvaiLable.doa 1 Second Absent Motion First Reading: March 3, 1998 Posted: March 4, 1998 Published: March 7, 1998 Second Reading:March 17, 1998