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HomeMy WebLinkAbout2009 11 09 Other Resolution 2009-57 Payment Plan from Customers for Water, Wastewater, and Reclaimed Water Rate Adjustments Date: November 9, 2009 The attached was Approved at the November 9, 2009 Regular City Commission Meeting during the latter part of the Meeting (during Commissioner Gary Bonner's last "Report RESOLUTION NO. 2009- 57 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF WINTER SPRINGS, SEMINOLE COUNTY, FLORIDA, PROVIDING THAT DUE TO THE RECENT WATER, WASTEWATER, AND RECLAIMED WATER RATE ADJUSTMENTS APPROVED BY THE CITY COMMISSION, AUTHORIZING THE CITY MANAGER OR HIS DESIGNEE, ON A TEMPORARY BASIS, TO ACCEPT A PAYMENT PLAN FROM CUSTOMERS UPON HARDSHIP REQUEST; PROVIDING FOR THE REPEAL OF PRIOR INCONSISTENT RESOLUTIONS, SEVERABILITY AND AN EFFECTIVE DATE. WHEREAS, the City is granted the authority, under 2(b), Art. VIII of the State Constitution, to exercise any power for municipal purposes, except when expressly prohibited by law; and WHEREAS, on September 28, 2009, the City Commission adjusted water, wastewater, and reclaimed water rates and charges pursuant to Ordinance 2009 -13; and WHEREAS, the City Commission desires to afford customers a period of time to get accustomed to the new rates and charges by authorizing the City Manager to accept payment plans under the terms and conditions set forth herein; and WHEREAS, City Commission deems that this Resolution is in the best interests of the public health, safety, and welfare of the citizens of Winter Springs. NOW, THEREFORE, BE IT DULY RESOLVED BY THE CITY COMMISSION OF THE CITY OF WINTER SPRINGS, SEMINOLE COUNTY, FLORIDA, THAT: Section 1. Incorporation of Recitals. The foregoing recitals are deemed true and correct and are hereby fully incorporated herein by reference. Section 2. Hardship Payment Plan. Notwithstanding the twenty (20) day payment due date set forth under section 19 -97, Winter Springs Code, the City Commission of the City of Winter Springs, Florida hereby grants the City Manager or his designee authority to temporarily suspend the twenty (20) day due date upon hardship request by the customer and accept a payment plan for water, wastewater, and reclaimed charges invoiced by the City in October, November, and December 2009. The payment plan shall be approved at the City Manager's or his designee's reasonable discretion. Charges paid in accordance with the payment plan approved by the City Manager or his designee shall not be considered delinquent under section City of Winter Springs Resolution No. 2009 -37 Page 1 of 2 19 -97, Winter Springs Code, provided said charges are paid in full within forty (40) days from the date of mailing. Section 3. Severability. If any section, subsection, sentence, clause, phrase, word, or portion of this Resolution is for any reason held invalid or unconstitutional by a court of competent jurisdiction, whether for substantive or procedural reasons, such portion shall be deemed a separate, distinct, and independent provision, and such holding shall not affect the validity of the remaining portions of this Resolution. Section 4. Repeal of Prior Inconsistent Resolutions. All prior resolutions or parts of resolutions in conflict herewith are hereby repealed to the extent of the conflict. Section 5. Effective Date. This Resolution shall become effective immediately upon its adoption by the City Commission of the City of Winter Springs, Florida. ADOPTED by the City Commission of the City of Winter Springs, Florida,, in a regular meeting assembled on this 9th day of November, 2009. T, 8 JOHN F. BUSH Mayor ATTE T A y ORENZO LUACES, City Clerk s Approved as to legal form and sufficiency for the Cit. f Winter Springs only: A ANTHONY A. GARGANESE, City Attorney City of Winter Springs Resolution No. 2009 S Page 2 of 2