HomeMy WebLinkAboutResolution 2009-17 Water Leak PolicyRESOLUTION NUMBER 2009-17
A RESOLUTION OF THE CITY COMMISSION OF THE
CITY OF WINTER SPRINGS, SEMINOLE COUNTY,
FLORIDA, REPEALING RESOLUTION 849; RE-
ESTABLISHING A WATER LEAK POLICY ON A
CUSTOMER'S PROPERTY; PROVIDING FOR THE
SEVERABILITY, REPEAL OF PRIOR INCONSISTENT
RESOLUTIONS, AND AN EFFECTIVE DATE.
WHEREAS, from time to time water losses occur due to the leaks on the
customer side of the water meter or service line; and
WHEREAS, in recognition of this problem and the City's desire to adopt a
uniform policy allowing an adjustment to water bills involving such leaks; and
WHEREAS, the City desires the policy to be fair, encourage customers to inspect
their water systems frequently for leaks, and to repair leaks promptly, and therefore
discourage adjusting water bills for repeat offenders; and
WHEREAS, the Commission deems that this Resolution is in the best interests of
the public health, safety and welfare of the citizens of the City of Winter Springs, Florida.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION
OF THE CITY OF WINTER SPRINGS, SEMINOLE COUNTY, FLORIDA, AS
FOLLOWS:
SECTION 1. RECITALS. The foregoing recitals are deemed true and correct
and are hereby fully incorporated by this reference.
SECTION 2. AUTHORITY. This Resolution is adopted pursuant to the
Ordinance, Chapter 166, Florida Statutes, and other applicable provisions of law.
SECTION 3. DEFINITIONS. All capitalized terms in this Resolution shall
have the meanings defined in the Resolution and the implementing resolutions adopted
pursuant thereto.
SECTION 4. LEAK ADJUSTMENT POLICY. The City Commission hereby
adopts the following policy governing the adjustment of water leaks occurring on private
property:
I. Eli ig bility for Credit:
A. Customer, residential or commercial, experiencing a water leak on the
customer side of the water meter or service line must first have the water
leak repaired; and,
B. Customer wishing to apply for an adjustment to their water bill for
excessive water use resulting from a leak on the customer's side of the
water meter or service line must present the City a request for an
adjustment and proof of repair of the leak causing the excessive water use;
and,
C. City has reviewed the billing period subsequent to the repair of the leak to
ascertain that the water use is now normalized when compared to prior
billing periods before the incidence of the leak reported by the customer.
II. Calculation of Excess Water Usage Eligible for a Credit:
A. Once a customer is determined to be eligible for an adjustment, the City
will determine the appropriate water credit to be applied to the customer
based on:
1. A review of the history of the customer metered water usage patterns
for the last twelve (12) consecutive months or other period deemed
appropriate but which is no more than twelve (12) consecutive months.
2. The water use deemed to be above (or in excess of) the average or
normal water use for the month (or billing period) when the leak was
detected.
B. The credit, if any, will be based on the application of the rate for the first
consumption block of use for the particular water customer classification
requesting the credit multiplied (X) by the amount of water use
determined to be in excess of the normal or seasonal use for this customer
at the time the leak occurred; and,
C. The credit, if any, may be calculated for a period of not to exceed two
consecutive billing periods to encourage prompt repair of leaks; and,
D. The credit, if any, should include all applicable taxes; and,
E. A determination of the normal or seasonal use will be calculated by the
City Manager or his designee.
City of Winter Springs
Resolution Number 2009-17
Page 2 of 4
III. Calculation of Excess Wastewater/Sewer Usage Eli~?ible for a Credit:
A. Once a customer is determined to be eligible for an adjustment and it is
deemed the customer had excessive metered water usage for the billing
period in which the leak was detected, the City will determine the
appropriate wastewater/sewer credit to be applied to the customer based
on:
1. A review of the history of the customer metered wastewater/sewer
usage patterns for the last twelve (12) consecutive months or other
period deemed appropriate but which is no more than twelve (12)
consecutive months.
2. The wastewater/sewer use deemed to be above (or in excess of) the
average or normal wastewater/sewer use for the month (or billing
period) when the leak was detected.
B. The credit, if any, will be equal to the excessive wastewater/sewer usage
charges calculated for and billed as a result of the excess water usage
calculated in Section II. A. 2. of this policy; and,
C. The credit, if any, may be calculated for a period of not to exceed two
consecutive billing periods to encourage prompt repair of leaks; and,
D. In no event will the adjusted usage charges exceed the maximum billing
threshold for residential customers (there is no threshold for commercial
customers); and,
E. The credit, if any, should include all applicable taxes; and,
F. A determination of the normal or seasonal use will be calculated by the
City Manager or his designee.
IV. Limitation on Eli ibility for an Adjustment:
No adjustment to a customer's water bill due to a leak on the customer side of
the water meter or service line will be permitted more than once a yeaz and no
more than twice within ten yeazs.
SECTION 5. SEVERABILITY. If any section, subsection, sentence, clause,
phrase, word, or portion of this Resolution 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.
City of Winter Springs
Resolution Number 2009-17
Page 3 of 4
SECTION 6. REPEAL OF PRIOR INCONSISTENT RESOLUTIONS. All
prior resolutions or parts of resolutions in conflict herewith are hereby repealed to the
extent of such conflict.
SECTION 7. EFFECTIVE DATE. This Resolution shall become effective
immediately upon adoption by the City Commission of the City of Winter Springs,
Florida.
RESOLVED BY the City Commission of the City of Winter Springs, Florida, in
a regular meeting assembled this 23`d day of February, 2009.
(SEAL)
ATTEST:
By:
And a Lorenzo-Luaces, City Clerk
Approved As To Legal Form
And Sufficiency For The City
Of Winter~Springs Only:
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Anthony A. Garganese, City Attorney
CITY OF WINTER SPRINGS,
FLORIDA a ~~
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y Jo .Bush, Ma}rax ~'
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City of Winter Springs
Resolution Number 2009-17
Page 4 of 4