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HomeMy WebLinkAboutVI(A3) Second Reading of Ordinance; Ordinance No. 2004-08 – Revision to City Code Chapter 173, Water and Sewer Adjustments to Utility Bills for Swimming Pools and Water Leaks Agenda 04-06-2004 Item VI A3 Mayor ��e Centex of Good Lipp Commissioners S. Scott Vandergrift Danny Howell, District 1 j l Scott Anderson, District 2 City Manager i Rr l- Rusty Johnson, District 3 Jim Gleason '4 )-"wrg"""- ( Nancy J. Parker, District 4 STAFF REPORT TO: The Honorable Mayor and City Commissioners FROM: David A. Wheeler, P.E., Director of Public Works DATE: March 9, 2004 RE: Revisions to City Code Chapter 173, Water and Sewers For Adjustments to Utility Bills for Swimming Pools and Water Leaks ISSUE Should the City Commission approve the changes to City Code Chapter 173, Water and Sewers, to allow for the adjustment of utility bills for the filling of newly constructed, resealed, or recoated swimming pools and for plumbing leaks on the customers side of the water meter. BACKGROUND/DISCUSSION The new water, sewer, and reuse rates were placed into effect starting with the first utility bill issued after October 1, 2003. Since that date some members of the City Commission have asked about adjustments to the utility bills for various options. Some of those requested adjustments were for the filling of swimming pools, new landscaping, plumbing leaks, pressure washing of houses or commercial buildings, and water to air heating ventilating and air conditioning systems. Staff members from the Finance, Customer Service, Public Works, and Legal Departments researched these possible situations to see if other Central Florida utilities allowed for a credit or adjustment of a customers utility bill. The only two options allowed for by other utilities were adjustments for filling swimming pools and for leaks. No credits were issued, but adjustments were allowed, because the utility treated the water and delivered it to the customer. The other options were deemed to fall within the parameters for water conservation and therefore were not considered for a utility bill adjustment. The City would allow a special rate for the filling of swimming pools when first constructed or when recoated or resealed that requires the pulling of a permit through the Ocoee Building Department. The owner must have a letter on the contractor's letterhead that states the volume of the pool. Upon receipt of the first utility bill after the pool has been filled the owner would produce the letter to the Customer Service Department for an adjustment to their bill. The onetime adjustment would be to reduce their overall usage amount by the volume of the pool and a charge of the pool volume times $1.05 per thousand gallons. For example: the pool volume is 18,000 gallons. The owner's utility bill for the month when the pool was filled stated that they used 50,000 gallons of water. Their overall usage would be reduced to 32,000 gallons and then a charge of 18,000 times $1.05 per thousand gallons would be added to the bill. The customer would see a decrease of 18,000 gallons times $4.93 ($5.98 - $1.05) which equals $88.74 before taxes. This reduction does not apply to customers who constantly add water to their pools during the summer months because of evaporation. If a permit is not pulled by the contractor with the Ocoee Building Department,then the customer does not get any reduction in their utility bill. The group did not feel that this was a significant effect on the utility revenues for two reasons. First, the City would receive some compensation based upon the $1.05 times the pool volume, this is the second tier rate amount. This approximates an average of the first three tiers and most pools are in the 15,000 to 20,000 range. Secondly, the City is seeing less than 36 pool permits per year and most of those are for homes located outside of the W/S service boundary. The plumbing leak would require the customer to request an adjustment to their water bill by producing a contractor's invoice or documentation for any repairs to the customers plumbing and structure. The Customer Service Department would review the customer's usage history of and adjust a bill based upon the exceedence of the past twelve month history by at least 100% consumption. The customers bill would be adjusted to charge only $1.05 per thousand gallons for that volume over the twelve month average. For example: the plumbing leak caused the customer usage to be 60,000 gallons bill for that month. The customer's average usage for the previous twelve months was 30,000 gallons. Therefore the customer's utility bill would be adjusted for that estimated 30,000 gallon leak and the customer would be charged $1.05 per thousand gallons for the leak not $5.98 per thousand gallons per the water rate structure. The customer would see a decrease of 30,000 gallons times $4.93 ($5.98 - $1.05) which equals $147.90 before taxes. The attached Ordinance No. 2004-08 provides for the aforementioned changes to City Code Chapter 173, Water and Sewers. Staff would ask that if approved these adjustments to the utility bills go into effect with the first utility bill issued after May 1, 2004. RECOMMENDATION Staff requests the Honorable Mayor and the City Commission approve the proposed changes to City Code Chapter 173, Water and Sewers as shown in Ordinance No. 2004-08 and authorize staff to place these utility bill adjustments into effect with the first utility bill issued after May 1, 2004. ORDINANCE NO. 2004-08 AN ORDINANCE OF THE CITY OF OCOEE, FLORIDA AMENDING ARTICLE I OF CHAPTER 173 OF THE CODE OF ORDINANCES OF THE CITY OF OCOEE RELATING TO WATER AND SEWERS; ADOPTING A NEW SECTION 173-5 TO ESTABLISH ADJUSTMENTS TO CHARGES AND BILLINGS OF WATER AND SEWER SERVICE; PROVIDING FOR ADJUSTMENTS TO BILLINGS OF WATER AND SEWER SERVICE FOR FILLING OF NEWLY CONSTRUCTED, RESEALED OR RECOATED SWIMMING POOLS; PROVIDING FOR ADJUSTMENTS TO BILLINGS OF WATER AND SEWER SERVICE FOR PLUMBING LEAKS; PROVIDING FOR CODIFICATION; PROVIDING FOR SEVERABILITY; PROVIDING AN EFFECTIVE DATE. WHEREAS, 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; and WHEREAS, the City Commission of the City of Ocoee desires to adopt a new Section 175-5 of Article I of Chapter 173 of the Code of Ordinances of the City of Ocoee, Florida in order to provide for adjustments to charges and billings for water and sewer service; and WHEREAS, the City Commission of the City of Ocoee desires to provide for adjustments to water and sewer charges and billings for the filling of newly constructed, resealed or recoated swimming pools; and WHEREAS, the City Commission of the City of Ocoee desires to provide for adjustments to water and sewer charges and billings for plumbing leaks. NOW, THEREFORE, BE IT ENACTED BY THE CITY COMMISSION OF THE CITY OF OCOEE, FLORIDA, AS FOLLOWS: 006.325712.1 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 173-5 of the Code of Ordinances is hereby adopted to read as follows: § 173-5. Adjustments to Charges and Billings. A customer shall be entitled to an adjustment of their monthly water and/or sewer bill, as applicable, under the following circumstances: (1) Newly Constructed, Resealed or Recoated Swimming Pools. (i) Subject to compliance with requirements of this Section 173-5(1), the volume of potable water used to fill a newly constructed, resealed or recoated swimming pool, up to the volume gallon amount specified on the letter referenced in Section 173-5(1)(iv) below, shall be deducted from the overall water volume usage amount and overall sewer volume usage amount indicated on the customer's monthly utility bill. The charges and rates specified in Section 173-4 shall apply to the resulting water and sewer volume usage amount. (ii) The customer shall be charged for water at a rate of $1.05 per 1000 gallons for each gallon of water deducted from the customer's monthly utility bill pursuant to Section 173-5(1)(i) above. The customer shall not be charged for sewer service for the sewer volume usage amount deducted from the customer's monthly utility bill pursuant to Section 173-5(1)(i) above. (iii) The adjustment provided in Section 173-5(1)(i) and (ii) above shall be applicable only if the customer, or contractor of the customer, obtains a permit to construct, reseal or recoat that customer's swimming pool from the Ocoee Building Department prior to the filling of such swimming pool. (iv) Any customer desiring an adjustment to their monthly utility bill provided in Section 173-5(i) and (ii) above shall present the utility bill to be adjusted to the Ocoee Customer Service Department, along with a copy of the permit issued by the Ocoee Building Department, as referenced in Section 173-5(1)(ii) above, and shall present a letter from the contractor or person obtaining the permit stating the volume of the swimming pool filled. No adjustment shall be made if the customer fails to present any of the documents referenced herein within three (3) months from the date of the utility bill for which the adjustment is requested. 2 006.325712.1 (2) Plumbing Leaks. (i) Subject to compliance with requirements of this Section 173-5(2), the volume of potable water used due to leakage shall be deducted from the overall water volume usage amount and overall sewer volume usage amount indicated on the customer's monthly utility bill. The charges and rates specified in Section 173-4 shall apply to the resulting water and sewer volume usage amount. (ii) The customer shall be charged for water at a rate of$1.05 per 1000 gallons for each gallon of water deducted from the customer's monthly utility bill pursuant to Section 173-5(2)(i) above. The customer shall not be charged for sewer service for the sewer volume usage amount deducted from the customer's monthly utility bill pursuant to Section 173-5(2)(i) above. (iii) The adjustment provided in Section 173-5(2)(i) and (ii) above shall be applicable only if a plumbing leak increases the overall water volume usage amount by 100% or more over the average of the overall water volume usage amount indicated on the customer's monthly utility bill for the twelve (12) months immediately prior to the utility bill presented for adjustment. (iv) Any customer desiring an adjustment to their monthly utility bill provided in Section 173-5(2)(i) and (ii) above shall present the utility bill to be adjusted to the Ocoee Customer Service Department, along with documentation and/or information evidencing that the increase in the overall water volume usage amount was due to a plumbing leak. (v) A customer shall be entitled to adjustments on a maximum of two (2) consecutive monthly utility bills for each plumbing leak. Notwithstanding the foregoing, a customer shall be entitled to adjustments for a maximum of two (2) separate plumbing leaks within a twelve (12) month period. (vi) No adjustment shall be made if the customer fails to present any of the documents referenced herein within three (3) months from the date of the utility bill for which the adjustment is requested. (vii) No adjustment shall be made in the event the City advises a customer of a potential plumbing leak and that customer fails to timely repair the plumbing leak. SECTION 3. 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 re-lettered and the word "ordinance" may be changed to "chapter," "section," "article," or such other 3 006.325712.1 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 re-lettered and the correction of typographical errors which do not affect the intent maybe authorized by the City Manager, without need of public hearing, by filing a corrected or re- codified copy of same with the City Clerk. SECTION 4. 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 5. Effective Date. This Ordinance shall become effective immediately upon passage and adoption. PASSED AND ADOPTED this day of , 2004. APPROVED: ATTEST: CITY OF OCOEE, FLORIDA Jean Grafton, City Clerk S. Scott Vandergrift, Mayor (SEAL) ADVERTISED , 2004 READ FIRST TIME , 2004 READ SECOND TIME , 2004 READ THIRD TIME AND ADOPTED , 2004 UNDER AGENDA ITEM NO. FOR USE AND RELIANCE ONLY BY THE CITY OF OCOEE, FLORIDA APPROVED AS TO FORM AND LEGALITY this day of , 2004. 4 006.325712.1 FOLEY & LARDNER LLP By: City Attorney 5 006.325712.1