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Home My WebLink AboutItem VI(B) Resolution No 94-17, relating to Water Revenue and Maintenance Fees j 5 AGENDA 8-16-94 "CENTER OF GOOD LIVING-PRIDE OF WEST ORANGE" Item VI B t• /Oco :e COMMLSSIONERS :4:04\ a CITY N.OF OESHORE C OEEVE RAST. J FOSTER v O OCOEE FLORIDA 34761-2258 VERN COMBS � yv (4�656-2322 JIM GLEASON vE.....(4_3 ‘..‘ GOOD�` QTY MANAGER ELLIS SHAPIRO MEMORANDUM To: The Honorable Mayor and Board of City Commissioners From: Montye Beamer, Administrative Services Director 9)--)! Date: August 12, 1994 Re: Resolution No. 94-17 - Establishment of Revenue and Maintenance Fees for water capacity customers and a mechanism by which the monthly charges increase annually. Resolution No. 92-13 set into place the Revenue and Maintenance Fees for water and sewer as contemplated in the Code of Ordinances and the Developer's Agreements for water or sewer capacity purchase customers. The sewer fees were $112/ERU/year or $10/ERU/month. These fees have, also by Resolution No. 92-13, had one increase to $115 in FY93 and have a planned increase to $118 in FY94. There were no Revenue and Maintenance Fees for customers having purchased water capacity. This ResolutionN sets Water Revenue and Maintenance Fees at $90/ERU/year or e�►t $8.00/ERU/y' a The estimated revenue is $390,700 and has been incorporated into the FY95 Budget for Fund 401. Since those capacity holders paying monthly are billed and processed identical to the regular consumers, there needs to be a $12.00 increase yearly on those customers who pay Revenue and Maintenance Fees monthly. This would be prorated monthly and be realized as a $1.00 increase per month. Staff recommends that Resolution No. 94-17 be approved on August 16, 1994 to allow time for water capacity holders to be notified. Actual billing will not begin until November as all billing is in arrears. Action Requested The Honorable Mayor and Board of City Commissioners approve Resolution No 94-17 and authorize Mayor and City Clerk to execute. 01/17 G �J RESOLUTION NO. 94-17 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 ' 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 City 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 2 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. Authority. 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. 3 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 . 4 PASSED AND ADOPTED this day of , 1994 . APPROVED: ATTEST: CITY OF OCOEE, FLORIDA Jean Grafton, City Clerk S. Scott Vandergrift, Mayor (SEAL) ADVERTISED , 1994 READ FIRST TIME AND ADOPTED , 1994 , UNDER AGENDA ITEM NO. FOR USE AND RELIANCE ONLY BY THE CITY OF OCOEE, FLORIDA APPROVED AS TO FORM AND LEGALITY this day of , 1994 . FOLEY & LARDNER By: City Attorney \ RESO.WT'_'.8,1:94 OCOEE EASEMENT(DISK)',SWZ:dp 5