VII(A) First Reading of Ordinance No. 2002-19 Revisions to Miscellaneous Water Utility Fees Agenda 7-16-2002
y e Center of Good LI Item VII A
Mayor b v111Commissioners
S. Scott Vandergrift '11014,1111640" -`?
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Danny Howell, District 1
rit Scott Anderson, District 2
City Managerit0 4601•10,sRusty Johnson, District 3
Jim Gleason \ (
. � Nancy J. Parker, District 4
MEMORANDUM
TO: The Honorable Mayor and Board of City Commissioners
FROM: James W. Shira, P.E., City Engineer/Utilities Directo
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.ocoee.fl.us
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 ef-$20 must be paid. If service restoration is
requested after 5:00 p.m. or on a weekend, the service
- . . _ •. '. e. 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 be fifteen dollars ($15.) 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 in § 173
41 -abeve of a service restoration fee as provided in §173-4B
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:
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(2) All past due accounts shall be charged a five-dollar 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 City Commission.
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 set forth in the
schedule-bei 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
connections
B. Fee schedule. This schedule establishes the The meter
installation fees established by the City Commission are
minimum fees and assumes assume that the consumer's facility is
ready for a meter set. The city Utility Department 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 be deemed a separate, distinct and independent
provision and such holding shall not affect the validity of the remaining portion hereto.
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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 AND 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
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