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Home My WebLink AboutVI(A5) Ordinance No. 98-34, Reinstatement On January 1, 1999 Of Water Rates In Effect On January 1, 1998 Agenda 12-01-98Agenda 11-17-98 Item VI A 5 Item VII A 5 FOLEY & LARDNER ATTORNEYS AT LAW CHICAGO POST OFFICE BOX 2193 SACRAMENTO DENVER ORLANDO, FLORIDA 32802-2193 SAN DIEGO JACKSONVILLE I I I NORTH ORANGE AVENUE, SUITE 1 800 SAN FRANCISCO LOS ANGELES ORLANDO, FLORIDA 32801-2386 TALLAHASSEE MADISON TELEPHONE: (407)423-7656 TAMPA MILWAUKEE FACSIMILE: (407)648-1743 WASHINGTON, D.C. ORLANDO WEST PALM BEACH WRITER'S DIRECT LINE 244-3248 EMAIL ADDRESS CLIENT/MATTER NUMBER prosenthal@foleylaw.com 020377-0107 November 10, 1998 TO: Honorable Mayor and City Commissioners of the City of Ocoee FROM: — Paul E. Rosenthal, Esq., City Attorney 1/ DATE: November 10, 1998 RE: Ordinance No. 98- 34 : Reinstatement of Water Rates in Effect on January 1, 1998 Pursuant to your direction, attached hereto is a proposed Ordinance which would amend the monthly charges for water services so as to reinstate, as of January 1, 1999, the water rates in effect prior to January 1, 1998. The proposed Ordinance will take effect on January 1, 1999 and will apply to all bills issued after that date without regard to the date of the meter reading. I have advised Grace Dunlap, the City's Bond Counsel, regarding the proposed Ordinance. Her preliminary review indicates that there are no bond covenants adversely affected by the proposed Ordinance. We will have a final report from her prior to the public hearing. This proposed Ordinance is being placed on the Agenda for first reading on November 17 and for the second reading and public hearing on December 1, 1998. /jh Enclosure 006.115863.1 ESTABLISHED 1 842 aL ORDINANCE NO. 98- 34 AN ORDINANCE OF THE CITY OF OCOEE, FLORIDA RELATING TO THE SCHEDULE OF MONTHLY CHARGES FOR WATER SERVICES; AMENDING SECTION 173-4.A OF CHAPTER 173 OF THE CODE OF ORDINANCES OF THE CITY OF OCOEE WITH RESPECT TO THE MONTHLY CHARGES FOR WATER SERVICE IN ORDER TO REINSTATE AS OF JANUARY 1, 1999 THE WATER CHARGES IN EFFECT PRIOR TO JANUARY 1, 1998; PROVIDING FOR SEVERABILITY; PROVIDING FOR CODIFICATION; PROVIDING AN EFFECTIVE DATE. BE IT ENACTED BY THE CITY COMMISSION OF THE CITY OF OCOEE, FLORIDA, AS FOLLOWS: SECTION 1. The City Commission of the City of Ocoee has the authority to adopt this Ordinance pursuant to Article VIII of the Constitution of the State of Florida and Chapter 166, Florida Statutes. SECTION 2. Section 173-4.A of Article I of Chapter 173 of the Code of Ordinances of the City of Ocoee, Florida, is hereby amended to read as follows: §173-4. Charges and Billing. A. The following shall be the schedule of monthly rates and charges for water and sewer service provided by the city. Meters containing two (2) register units shall be billed based upon the base facility charge for the larger of the two (2) nominal diameter flow paths, plus the sum of the volumetric charges as determined by the current readings of both registers. (1) Water. 006.114135.2 (a) Base facility charge (zero consumption), effective Jeauafy-17 4998 for all bills issued after January 1, 1999 without regard to the date of the meter reading: Meter Type Charges 5/8-inch $7.00 7.64 1-inch 17.50 19.10 1 1/2-inch 35.00 38.20 2-inch 56.00 61.12 3-inch 112.00 122.24 4-inch 5.00 191.00 6-inch 3-50.00 382.00 8-inch 660:00 611.00 10-inch 805.00 878.60 12- inch 505.00 1,642.60 (b) Plus: volumetric (gallons); , up to 25,000 gallons, plus $1.25 per 1,000 gallons for use over 25,001 galleas- charge of fifty-one cents ($0.51) per one thousand (1,000) gallons. (2) Sewer. (a) Base facility charge (zero consumption), effective October 1, 1991. Size of Meter Charges (inches) 5/8 $13.81 1 34.53 1 1/2 69.05 2 110.48 3 220.96 4 345.25 6 690.50 8 1,104.80 10 1,588.15 12 2,969.15 (b) Plus: charge per 1,000 gallons of $1.47, provided that, for those residential consumers with a five-eighths-inch meter, the maximum 006.114135.2 2 sewer service charge shall be calculated as the base facility charge plus the current charge per 1,000 gallons up to a maximum of 12,000 gallons. (3) The schedule of monthly rates and charges for water and sewer service provided by the city as set forth in this Subsection A shall be applicable only to consumers located within the corporate limits of the city. The schedule of monthly rates and charges for water and sewer service provided by the city to consumers outside the corporate limits of the city shall be as provided in § 173- 5.1 of this chapter. SECTION 3. SEVERABILITY. If any section, subsection, sentence, clause, phrase or portion of this Ordinance is for any reason held invalid or unconstitutional by any court of competent jurisdiction, such portion shall be deemed a separate, distinct and independent provision and such holding shall not affect the validity of the remaining portion hereto. SECTION 4. CODIFICATION. It is the intention of the City Commission of the City that the provisions of this Ordinance shall become and be made a part of the Code of Ordinances of the City; and that sections of this Ordinance may be renumbered or relettered and the word "ordinance" may be changed to "chapter", "section", "article", or such other appropriate word or phrase in order to accomplish such intentions; and regardless of whether such inclusion in the code is accomplished, sections of this Ordinance may be renumbered or relettered and the correction of typographical errors which do not affect the intent may be authorized by the City Manager, without need of public hearing, by filing a corrected or recodified copy of same with the City Clerk. SECTION 5. EFFECTIVE DATE. This Ordinance shall become effective on January 1, 1999. 006.114135.2 3 PASSED AND ADOPTED this day of , 1998. APPROVED: ATTEST: CITY OF OCOEE, FLORIDA Jean Grafton, City Clerk S. Scott Vandergrift, Mayor (SEAL) FOR USE AND RELIANCE ONLY BY ADVERTISED NOVEMBER 19, 1998 THE CITY OF OCOEE, FLORIDA READ FIRST TIME gpril.;17 , 1998 APPROVED AS TO FORM AND LEGALITY READ SECOND TIME AND ADOPTED this day of , 1998 , 1998 UNDER AGENDA ITEM NO. FOLEY & LARDNER By: City Attorney 006.114135.2 4 K-4 The Orlando Sentinel,Thursday,November 19,1998 SE NOTICE OF PUBLIC HEARING is 1�eCsITY OF OCOEEby glven gEE yet Arti- cle Na II of theConetlWtion of the State Statu that the Ocoee Florida and Section l City wise Commission C_Ityhea Hal„ in the Hal locat- ed at 150 N.Lakeshore Ocoee, Florida during a regular session to be held on December 1, 1998, at 7:15 p.m.,f possible, in to ido soon thereafter pon of the ORDINANCE NO.98-34 AN ORDINANCE OF THE CITY OF OCOEE FLORIDA,RELATING TO THE SCHEDULE OF MONTHLY CHARGES FOR WATER SERVICES,AMENDING SECTION 173-4A OF CHAPTER 173O THE CCITTY OF OCCEE OF ERWDIITNH RESPECT TO THE MONTHLY CHARGES FOR WATER SERVICE IN ORDER TO REIN- STATE AS OF JANUARY 1 1999 THE WATER CHARGES IN EFFECT PRIOR TO JANUARY 1 1998; PROVIDING FOR SEVERABILI�TY•PROVIDING FOR CODIFICATION•PROVIDING AN EFFECTIVE DATE.In es may appear meetingt anded dbbe heard with respectet t to the proposed action.A copy of the pro- posed ordinance mrq be examined at City Hall 150 N. Lakeshore Drive Ocoee,Florida,between the hours of t8:0o0u�aa.m. and 5::00 p.m., Monday Fri appeal any E n l da on who desires to respect 'lusting ai l need nr consid- ered d such a record • pof the proceedings end for. such pre- ppie record of the r I need to ensure that s made, which record inUudes the mony and evidence upon which the*peel is based.Parsons with disabilities need- ingassistance to pate any tese proceedings should contactt the Office of the City_Clerk,150 N.Lake- shore Drive, Ocoee, FL 34781, (407)&58-2322 Ext. adventsof the r p.. hours in OLS18 Clerk NOV.19.1998