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Home My WebLink AboutVI (A) Public Hearing Ordinance No. 2002-19 Relating to Certain Fees and Charges in Connection with the Provision of Water and Sewer Service Agenda 8-06-2002 e Center of Good Li_ Item VI A Mayor 'Sb 70� Commissioners S. Scott Vandergrift Danny Howell, District 1 t Scott.Anderson District 2 City Manager a RE Ruty Johnson, District3 Jim Gleason 1 Nancy J. Parker District 4 MEMORANDUM TO: The Honorable Mayor and Board of City Commissioners FROM: James W. Shira, P.E., City Engineer/Utilities Directorr�� DATE: July 9, 2002 RE: Revisions to Miscellaneous water utility fees Attached for your review and approval is a list of proposed changes to several water utility fees. These proposed changes are to fees collected for things like meter installation, late payment, etc. These proposed changes do not affect current water rates in any way. The attached ordinance is before you on July 16, 2002 for first reading, and will have its second reading on August 6, 2002. Upon second reading on August 6, 2002, the ordinance will repeal the existing fees as currently listed in various parts of the City Code, and at that second reading, a resolution will be presented which, upon adoption, will enact the new fees. The existing and proposed fees are attached for your review. I recommend that the City Commission adopt Ordinance No. 2002-19 repealing the referenced water utility fees, and adopt Resolution No. 2002-14 enacting new water utility fees as listed. JWS/jbw \ Attachment The City of Ocoee • 150 N Lakeshore Drive• Ocoee,Florida 34761 phone: (407)905-3100 • fax: (407)656-8504 •www,ci.ococc flux N ORDINANCE NO. 2002 -19 AN ORDINANCE OF THE CITY OF OCOEE, FLORIDA RELATING TO CERTAIN FEES AND CHARGES IN CONNECTION WITH THE PROVISION OF WATER AND SEWER SERVICE IN ORDER TO ALLOW FOR THE ADOPTION OF SUCH FEES AND CHARGES BY RESOLUTION OF THE CITY COMMISSION; AMENDING CITY CODE SECTION 173- 4.B WITH RESPECT TO SERVICE RESTORATION CHARGES; AMENDING CITY CODE SECTION 173-4.D WITH RESPECT TO CERTAIN SPECIFIC CHARGES TO BE COLLECTED FROM CONSUMERS; AMENDING CITY CODE SECTION 173-4.E WITH RESPECT TO RETURNED CHECK CHARGES; AMENDING CITY CODE SECTION 173-4.G(2) WITH RESPECT TO LATE FEES; AMENDING CITY CODE SECTION 173-17 WITH RESPECT TO METER INSTALLATION FEES; 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. Authority. 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.B of Article I of Chapter 173 of the Code of Ordinances of the City of Ocoee, Florida, is hereby amended to read as follows: B. The billing period for water and sewer charges shall be monthly. All billings for water and sewer charges shall be due and payable 15 calendar days after the date of the billing. The due date shall be shown on each utility bill. Consumers shall have five calendar days from the due date to make payment. Payment in full must be made by the due date; otherwise, the account will be past due. If an account is two months or more in arrears, the city may terminate all water and sewer service and apply the deposits to payment of the past due balance. Prior to restoration of service, the entire past due balance and a service 006.262117.1 restoration charge of—$20 must be paid. If-service restoration i, requested after 5:00 p.m. or--on a weekend, the service restoration charge hall be S30, The service_restoration charges shall be established by resolution of the City-_Commission. Restoration of service will require new deposits. SECTION 3. Section 173-4.D of Article I of Chapter 173 of the Code of Ordinances of the City of Ocoee, Florida, is hereby deleted in its entirety and the following is adopted in lieu thereof: D. Specific charges. The City Commission may establish by resolution specific charges to be collected by the City from each consumer under the circumstances described in such resolution. Such specific charges may include but shall not be limited to charges for the following: turnon/turnoff for customer convenience; unauthorized connection penalty; fire hydrant meter deposit; tanker fill-up/bulk water charges; tampering with meter or installation of unauthorized bypass; fire lines; and meter testing. SECTION 4. Section 173-4.E of Article I of Chapter 173 of the Code of Ordinances of the City of Ocoee, Florida, is hereby amended to read as follows: E. Nonsufficient funds or returned checks. The fee for checks returned to the city for nonsufficient funds or uncollected funds shall he fifteen dollars (S15.) per check established by resolution of the_City- Commission—.Notification will be made to the customer advising that payment in the form of cash, money order or cashier's check must be received by the Utility Department within twenty-four (24) hours of notification or service will be terminated. Payment shall include the amount of the check plus the aforementioned fee. If service is terminated, restoration of service will require payment as set forth-hr§17-3- 4Btabove of_a_ service restoration fee as provided in §17 4B above. SECTION 5. Section 173-4.G(2) of Article I of Chapter 173 of the Code of Ordinances of the City of Ocoee, Florida, is hereby amended to read as follows: 006262117.1 2 (2) All past due accounts shall be charged a fi dallar late fee each month if there is any outstanding balance due on the account five (5) working days after the due date. The city must have actually received the payment in order to avoid the late fee. Mailing prior to the late fee date will not be sufficient. Late fees shall be established by resolution of the Cit3Commission. SECTION 6. Section 173-17 of Article II of Chapter 173 of the Code of Ordinances of the City of Ocoee, Florida, is hereby amended to read as follows: § 173-17. Meter installation fees. A. Ocoee will charge to each prospective consumer requesting water service a meter installation fee et forth in the. schedule-below to defray the city's cost of the meter and meter appurtenances and the cost of installation and related administrative and overhead costs. Such meter installation fees shall be in accordance with the meter installation fee schedule established by resolution_of the City Commission. The city will require the payment of such meter installation fee concurrently with the request by prospective consumers for the meter installation. The meter installation fee shall be charged only one (1) time for the installation of a meter at any one (1) location; provided, however, that requests to exchange existing meters for meters of a larger size will result in a charge to the prospective consumer of the difference between the existing smaller size meter and the requested larger single size meter. This-is presently incorporated into the connection-fees-fer—esidern',al connections. B. F�^he ule_—Th s-sbhe ' o establishes- the- The meter installation fees _established _by the City gmmisssion_ are minimum fees and assumes assume that the consumer's facility is ready for a meter set. The city Utility_Peparttment may assess such other fees as necessary to recover the cost of meter installation. SECTION 7. 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 he deemed a separate, distinct and independent provision and such holding shall not affect the validity of the remaining portion hereto. -3- 006.262117.1 SECTION 8. 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 9. Effective Date. This Ordinance shall become effective immediately upon passage and adoption. PASSED AND ADOPTED this day of , 2002. APPROVED: ATTEST: CITY OF OCOEE, FLORIDA Jean Grafton, City Clerk S. Scott Vandergrift, Mayor (SEAL) FOR USE ANI) RELIANCE ONLY BY ADVERTISED July 25,2002 THE CITY OF OCOEE, FLORIDA; READ FIRST TIME July 16,2002 APPROVED AS TO FORM AND LEGALITY READ SECOND TIME AND ADOPTED this day of , 2002. , 2002 UNDER AGENDA ITEM NO. FOLEY & LARDNER By - City Attorney -4- 006.262111.1