HomeMy WebLinkAboutResolution 94-17
RESOLUTION NO. 94-17
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A RESOLUTION OF THE CITY OF OCOEE, FLORIDA
INCREASING THE MONTHLY REVENUE AND MAINTENANCE
FEE PER EQUIVALENT RESIDENTIAL UNIT ("ERU")
FOR CUSTOMERS HOLDING CITY SEWER PERMITS TO
$12.00 PER ERU PER MONTH; INCREASING THE
ANNUAL REVENUE AND MAINTENANCE FEE PER ERU FOR
CUSTOMERS HOLDING CITY WATER PERMITS TO $90.00
PER YEAR OR A MONTHLY REVENUE AND MAINTENANCE
FEE OF $8.00 PER ERU PER MONTH; PROVIDING THAT
THE REVENUE AND MAINTENANCE FEES FOR SEWER AND
WATER SHALL AUTOMATICALLY INCREASE $3.00 PER
ERU PER YEAR FOR THOSE CUSTOMERS PAYING ON AN
ANNUAL BASIS AND $12.00 PER ERU PER YEAR FOR
THOSE CUSTOMERS PAYING MONTHLY WITH SUCH
YEARLY INCREASE PRORATED ON A MONTHLY BASIS;
PROVIDING THAT THE ANNUAL AUTOMATIC INCREASES
IN REVENUE AND MAINTENANCE FEES FOR SEWER AND
WATER SHALL BE EFFECTIVE ON OCTOBER 1 OF EACH
YEAR; PROVIDING FOR SEVERABILITY; PROVIDING AN
EFFECTIVE DATE.
WHEREAS, the City of Ocoee, Florida has adopted Chapter
173 of the Code of Ordinances of the City of Ocoee relating to
water and sewer service; and
WHEREAS, Section 173-54 of Chapter 173 of the Code of
Ordinances of the City of Ocoee provides for the establishment by
resolution of a revenue and maintenance fee (the "Revenue and
Maintenance Fee") for those customers holding City sewer and/or
water permits;
WHEREAS, the developer I s agreements for sewer and/or
water service which may be required by the City provide that, as a
condition to the provision of sewer and/or water service capacity,
the developer thereunder agrees to pay certain rates, fees and
~ charges including, but not limited to, the Revenue and Maintenance
Fees for sewer and/or water as established by the City from time to
time; and
WHEREAS, the City sewer and water utilities require a
minimum level of guaranteed revenue in order to provide sufficient
revenue for the cost of operation and maintenance, reserve
~ capacity, improvements, and debt service; and
WHEREAS, the Ci ty Commission previously adopted
Resolution No. 92-13 which established the annual Revenue and
Maintenance Fee for customers holding City sewer permits at $112.00
per equivalent residential unit ("ERU") per year which has
automatically increased $3.00 per ERU per year pursuant to the
terms of such Resolution or a monthly Revenue and Maintenance Fee
for customers holding sewer permits of $10.00 per ERU per month;
and
WHEREAS, the City commission of the City of Ocoee desires
to increase the monthly Revenue and Maintenance Fee for customers
holding sewer permits to $12.00 per ERU per month;
WHEREAS, Resolution No. 92-13 also established the annual
Revenue and Maintenance Fee for customers holding City water
permits at $0.00 per ERU per year; and
WHEREAS, the City commission of the City of Ocoee desires
to increase the annual Revenue and Maintenance Fee for customers
holding City water permits to $90.00 per ERU per year or a monthly
Revenue and Maintenance Fee for customers holding water permits of
$8.00 per ERU per month; and
WHEREAS, the city Commission of the City of Ocoee desires
~ that the Revenue and Maintenance Fees for sewer and water shall
automatically increase $3.00 per ERU per year for those customers
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paying on an annual basis and $12.00 per ERU per year for those
customers paying monthly with such yearly increase prorated on a
monthly basis; and
~ WHEREAS, the city Commission of the City of Ocoee desires
that the annual automatic increases for Revenue and Maintenance
Fees for sewer and water shall become effective on October 1 of
each year following the Effective Date of this Resolution.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF
THE CITY OF OCOEE, FLORIDA, AS FOLLOWS:
SECTION ONE. Authoritv. The city Commission of the city
of Ocoee has the authority to adopt this Resolution pursuant to
Article VIII of the Constitution of the state of Florida, Chapter
166, Florida statutes, and Article VI of Chapter 173 of the Code of
Ordinances of the City of Ocoee.
SECTION TWO. Increase of Revenue and Maintenance Fee for
Sewer. The City Commission of the city of Ocoee, Florida, hereby
increases the monthly revenue and maintenance fee (the "Revenue and
Maintenance Fee") per equivalent residential unit ("ERU") for
customers holding City sewer permits to $12.00 per ERU per month.
SECTION THREE. Increase of Revenue and Maintenance Fee
for Water. The City commission of the city of Ocoee, Florida,
hereby increases the annual Revenue and Maintenance Fee per ERU for
customers holding city water permits to $90.00 per ERU per year or
a monthly Revenue and Maintenance Fee for customers holding City
~ water permits of $8.00 per ERU per month.
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SECTION FOUR. Automatic Increase of Revenue and
Maintenance Fees for Sewer and/or Water. The Revenue and
Maintenance Fees for customers holding City sewer and/or water
\.,.. permits shall automatically increase $3.00 per ERU per year for
those customers paying on an annual basis and $12.00 per ERU per
year for those customers paying monthly with such yearly increase
prorated on a monthly basis.
SECTION FIVE. Effective Date of Annual Increases. The
annual automatic increases in Revenue and Maintenance Fees for
sewer and/or water set forth in section Four above shall become
effective on October 1 of each year following the Effective Date of
this Resolution.
SECTION FIVE. Amendment of Resolution No. 92-13. Except
as expressly set forth in this Resolution, all of the provisions of
Resolution 92-13 shall remain in full force and effect.
SECTION SIX. 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 SEVEN. Effective Date. This Resolution shall
become effective on October 1, 1994.
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PASSED AND ADOPTED this ~ day of j 1(6 tis T
, 1994.
APPROVED:
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Clerk
CITY OF OCOEE, FLORIDA
;s :w--d
S. Scott vande~ Mayor
ATTEST:
(SEAL)
READ FIRST TIME AND ADOPTED
jl.l6liS r /-' , 1994,
UNDER AGENDA ITEM NO. /I / g
FOR USE AND RELIANCE ONLY BY
THE CITY OF OCOEE, FLORIDA
APPROVED AS TO FORM~~D. ut~ALITY
this ~ day of /tV - , 1994.
:::EY [7; ~
city Attorney
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