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HomeMy WebLinkAboutOrdinance 94-23 ORDINANCE NO. 94- 23 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; AMENDING SECTION 173-3 RELATING TO ACCOUNT DEPOSITS; AMENDING SECTION 173-4.B. OF THE OCOEE CITY CODE RELATING TO BILLING PROCEDURES AND TERMINATION OF WATER AND SEWER SERVICE; PROVIDING FOR A $5.00 PER MONTH LATE FEE ON PAST DUE ACCOUNTS; PROVIDING FOR THE CALCULATION OF DUE DATES AND LATE FEE DATES; 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 173-3 of Article I of Chapter 173 of the Code of Ordinances of the City of Ocoee, Florida, is hereby amended to read as follows: section 173-3. Account Deposit A. Each new consumer shall apply to the city for the initiation of water or sewer service and shall provide such information as may be requested by the city on forms prepared for that purpose. Such information may include the meter size, type of account (residential, commercial or industrial), whether a residence is owned or rented and proof of identification. B. Each new consumer shall be required to place on deposit wi th the city an initial account deposit. A consumer who does not have a deposit on account with the city may be reauired to pay a deposit to the city in accordance with such policies as may from time-to-time be adopted bv resolution of the city commission. The deposit shall bear no intereot and is intended as security for the payment of any bill which may be due to the city. The deposit is transferable by the same consumer to a new service address, provided that no outstanding balance is past due, and io refundable, leoo all applicable chargeD, upon termination of an account. The amount of the deposit shall be as follows: (1) Residential (single-family residence or individually owned unit in a multiunit building) : Meter Type Water Deposit Sewer Deposit %- inch x 5/8- inch Owner of residence Renter of residence 1-inch $ 60.00 80.00 140.00 $ 60.00 80.00 140.00 (2) Commercial and industrial [includes all nonresidential buildings and all residential buildings under one (1) ownership which contain three (3) or more living units]: Meter Type Water Deposit Sewer Deposit %- inch x 5/8- inch 1-inch l~-inch 2-inch 3-inch and larger $120.00 $120.00 $300.00 $300.00 $450.00 $450.00 $520.00 $520.00 To be determined by utility Director C. The citv Commission may, bY resolution, provide for: (1) the accrual of interest on water and sewer deposits and the timinq and circumstances under which such interest will be paid to consumers, (2) the forfeiture of accrued interest on water and sewer deposits, (3) the timinq and circumstances under which water and sewer deposits will be refunded to consumers and interest thereon paid to consumers" (4) the timinq and circumstances under which water and sewer deposits will be applied to the payment of any outstandinq past due balances, and (5) such other matters related to water and sewer deposits as the city Commission may determine. SECTION 3. Subsection B of section 173-4 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 billinqs for water and sewer charqes shall be due and payable fifteen (15) calendar days after the date of the billinq. The due date shall be shown on each utility bill. Consumers shall have five (5) calendar 2 days from the due date to make payment. Payment in full must be made by the due date. If p~yment io not received \lithin thirty (30) dayo of the due date, oervice will be terminated; otherwise. the account will be past due. If an account is two (2) 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 restoration charge of twenty dollars ($20) must be paid. If service restoration is requested after 5:00 p.m. or on a weekend, the service restoration charge shall be thirty dollars ($30). If ~n account io t\lO (2) montho or more in ~rre~ro the, city m~y terminate the account and ~pply the depooit to the p~ot due balance. Reotoration of the account Restoration of service will require a new depooit deposits. SECTION 4. A new Subsection G of Section 173-4 of Article I of Chapter 173 of the Code of Ordinances of the City of Ocoee, Florida, is hereby adopted as follows: G. All past due accounts shall be charged a Five Dollar ($5.00) 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. SECTION 5. A new Subsection H of section 173-4 of Chapter 173 of the Code of Ordinances of the City of Ocoee is hereby adopted as follows: H. If a due date or late fee date established pursuant to this section falls on a weekend or City holiday, then it will be extended to the next day on which the city is open for business. SECTION 6. 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. 3 SECTION 7. 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 8. Effective Date. This Ordinance shall become effective immediately upon passage and adoption. PASSED AND ADOPTED this dod day of S~P'~M~~ , 1994. APPROVED: Clerk CITY OF OCOEE, FLORIDA ~s2ft1il~rA.aYor ATTEST: (SEAL) ADVERTISED September 4 1994 READ FIRST TIME August 16 ,1994 READ SECOND TIME AND ADOPTED tbPrt:fk~t:I- 010 , 1994, UNDER AGENDA ITEM NO. ~. 4 FOR USE AND RELIANCE ONLY BY THE CITY OF OCOEE, FLORIDA APPROVED AS TO FOR)l-,1qlD ,LEGALITY this J.0f:1" day of -)~~.t?(;,-.. , 1994. FOLEY & ~DNER . %Jr~ City Attorney By: C:\WP51 IDOCS\OCOE\ORDlNANC.173 18/10/941 DEBBIEH I PER:dh 5