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Home My WebLink AboutOrdinance 2007-08 Chapter 19 Amendment City's Billing Utility Policy ORDINANCE NO. 2007-08 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF WINTER SPRINGS, FLORIDA, AMENDING SECTIONS 19-97 AND 19-100 OF THE CITY CODE REGARDING THE CITY'S UTILITY BILLING POLICY; PROVIDING FOR THE REPEAL OF PRIOR INCONSISTENT ORDINANCES AND RESOLUTIONS; PROVIDING FOR INCORPORATION INTO THE CODE; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City is granted the authority, under Section 2(b), Art. VIII of the State Constitution, to exercise any power for municipal purposes, except when expressly prohibited by law; and WHEREAS, the City Commission desires to provide additional administrative flexibility to the City Manager to handle billing delinquency issues regarding the City's utility billing process; and WHEREAS, the City Commission of the City of Winter Springs, Florida, hereby finds this ordinance to be in the best interests of the public health, safety, and welfare of the citizens of Winter Springs. NOW, THEREFORE, THE CITY COMMISSION OF THE CITY OF WINTER SPRINGS HEREBY ORDAINS, AS FOLLOWS: Section 1. Recitals. The foregoing recitals are hereby fully incorporated herein by reference as legislative findings of the City Commission of Winter Springs. Section 2. 19-97 Code Amendment. The City of Winter Springs Code Section 19-97 is hereby amended as follows (underlined type indicates additions and strikeout type indicates deletions): Sec. 19-97. Billing, payment, delinquency. Users of the water and/or wastewater system, or garbage collection shall be billed monthly and payment shall be due when rendered. Ifpayment is not received by the city in full within twenty (20) days from the date of mailing, the unpaid amount is to be considered to be in arrears and shall be considered delinquent and a delinquent City of Winter Springs Ordinance No. 2007-08 Page 1 of 4 notice will be issued. If there is an arrearage amount due when the delinquent bill is printed, a late fee will be assessed at the rate of five (5) percent per month on the arrearage amount or five dollars ($5.00), whichever amount is greater; except the city manager is authorized to waive the late fee one time during the lifetime of a customer's account. The customer shall be notified of the delinquent amount along with the late fee charges by reference in the mailing of a delinquent notice as considered necessary by the city manager or his designee. lithe entire bill if not paid in full within ten (10) days from the date of mailing of the delinquent notice, service shall be discontinued. A fee of thirty dollars ($30.00) shall be assessed to reinstate service, and a fee ofthirty-five dollars ($35.00) shall be assessed for reinstallment of a meter if removed for nonpayment or unable to lock-off. However. if a customer has never previously been disconnected by the city and has had no more than two late fees over the previous three year period. the city manager is authorized to waive the reinstatement fee. A fee of twenty dollars ($20.00) or five (5) percent of the face amount ofthe check, whichever is greater, shall be assessed for each check returned for insufficient funds or closed account. Any customer who has two (2) returned checks within a six -month period will be required to make payment in cash or money order. Section 3. 19-100 Code Amendment. The City of Winter Springs Code Section 19-100 is hereby amended as follows (underlined type indicates additions and strikeout type indicates deletions): Sec. 19-100. Application requirements. 1. (a) All applications shall be made at the business office during office hours. (b) Each applicant shall be required to provide information and pay fees at the time of application. (1) Residential users. Application shall include but not be limited to the following information: a. Name(s) of applicant; b. Address for which the service is requested and the residence of the applicant, if different; and c. Residence telephone number of the applicant at the service address and at the residence address, if different. A deposit fee and an application fee shall be assessed at the time of application for service. The deposit fee shall accrue interest at a rate not to exceed six (6) percent per annum as determined periodically by the city manager or his designee, and shall be City of Winter Springs Ordinance No. 2007-08 Page 2 of 4 paid annually to the applicant. Upon completion of twenty-five (25) months of service with no delinquents during the previous twenty- four (24) months, the deposit will be refunded. The twenty-five-month time period will commence again upon the first turn off of service for nonpayment. A new deposit will be required to be paid by the customer upon the first time service is discontinued after the original required deposit has been refunded. However. if a customer has never been previously disconnected by the city and has had no more than two late fees over the previous three year period. the city manager is authorized to waive the new deposit. When service is terminated, the deposit plus the interest less any outstanding fees and charges shall be refunded to the user. The residential deposits will be based on the services provided by the city to such residence. The following deposit schedule shall apply: Residential Deposit Amount * Water only service. . . $30.00 Sewer only service. . . 70.00 Water and sewer service. . . 100.00 *Reflects deposit for water and wastewater service only; other deposits for services billed on the utility bill, if any, are in addition to the above-referenced deposits. An inspection fee shall be assessed at application and for each connection when applicable; refer to miscellaneous charges, section 19-102(5)c. (2) Nonresidential users. Application shall include such information as the utility director prescribes and that is necessary for classification, reference, and other similar identification purposes. A deposit fee and an application fee shall be assessed at the time of application. The deposit fee shall accrue interest at a rate not to exceed six (6) percent per annum as determined by the city manager or his designee, and shall be paid annually to the applicant. The deposit shall be held for the term of service. When service is terminated, the deposit plus interest less any outstanding fees and charges shall be refunded to the user. The deposit shall be equal to two (2) times the average monthly bill for service as determined by the city manager or his designee, but in no event shall the deposit be less than two hundred twenty-five dollars ($225.00). An inspection fee shall be assessed at application and for each connection when applicable; refer to miscellaneous charges, section 19-102(5)c. City of Winter Springs Ordinance No. 2007-08 Page 3 of 4 Section 4. Repeal of Prior Inconsistent Ordinances and Resolutions. All prior inconsistent ordinances and resolutions adopted by the City Commission, or parts of prior ordinances and resolutions in conflict herewith, are hereby repealed to the extent of the conflict. Section 5. Incorporation Into Code. This Ordinance shall be incorporated into the Winter Springs City Code and any section or paragraph, number or letter, and any heading may be changed or modified as necessary to effectuate the foregoing. Grammatical, typographical, and like errors may be corrected and additions, alterations, and omissions, not affecting the construction or meaning of this Ordinance and the City Code may be freely made. Section 6. Severability. If any section, subsection, sentence, clause, phrase, word or provision of this ordinance is for any reason held invalid or unconstitutional by any court of competent jurisdiction, whether for substantive, procedural, or any other reason, 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 ordinance. Section 7. Effective Date. This Ordinance shall become effective immediately upon adoption by the City Commission of the City of Winter Springs, Florida, and pursuant to the City Charter. ADOPTED by the City Commission of the City of Winter Springs, Florida, in a regvlar meeting assembled on the ~ day of A ril , 2007. AS TO LEGAL FORM AND SUFFICIENCY OF WINTER SPRINGS ONLY. ANTHONY A. GARGANESE City Attorney First Reading: March 12, 2007 Second Reading: April 9, 2007 Effective Date of Ordinance: See Section 7. City of Winter Springs Ordinance No. 2007-08 Page 4 of 4 Orlando Sentinel Published Daily ~tate OfjflOttba} 5.5. COUNTY OF ORANGE roRIS J. HaRrON Before the undersigned authority personally appeared , who on oath say's that he/she is the Legal Advertising Representative of Orlando Sentinel, a dally newspaper published at ~LT1\MJNTE SPRINGS in SEMINOLE NOT I"' E I ,~ c'quE.nf!>'....FBI<:>rid?; that the attached copy of adv.e.r:lis~ment, being a l . C ;.:; '., ~. t: . ~ ,; in the matter of **&,*.wlf6*ORD. #2007-08 in the SEMIN~ ..., . 1~' 'C -I' was published in sal newspaper in the issue; of (),3 /. .::ll ), Court, Affiant further says that the said Orlando Sentinel is a newspaper published at al tamonw springs , in said ~IE. County, Florida, and Tnaflfle said newspaper has heretofore been continuously published in said SEMINOLE County, Florida, each Week Day and has been entered as second-class mail matter at the post office in ALTAM:)N'T'F. SPRTN~S in said !=:F.MINOLE County, Florida, for a period of one year next preceding the first publication of the attached copy of advertisement; and affiant further says that he/she has neither paid nor promised any person, firm or corporation any discount, rebate, commission or refund for the purpo ~ of securin his ad ertisez. ent for publication in the said newspaper. -JL;.'" . , 'l/ 0 t)VL, The foregoing instrument was acknowledged before e this16th day of MARCH , 20 JrL, by S J. HaRrON who is personally known to me and w digJtake an h. (SEAL) - L NOTICE IS HEREBY GIVEN THAT THE CITY OF WlNTlR SPRINGS PROPOSES TO ADOPT THE FOLLOWING ORDI. NANCE TO THE WINTER 'SPRINGS CODE OF ORDI. I NANCES: I OROIN~NCE NO. 2007.08 II ~gM'UlJ~7t:CE 0 ET~MlbJ r~~~BIN f~BnN\ 119- RD. ~ I:E~ I ~ ~<<~ IN FDR 'B ING ON MDNDAY1fsARiH 2&. 2007 OR SOONAfttERlA'FnR IN THE' COMMISSION CHAMBERS LO~?~GAiT CTHE WlNTlR 11- EAST :lTY HAU .. TATI ROAD 434 I WINTER SPRINGS. FLORIDA l;,~~ g~Oi~~~:~te~rg~ n/:'?ir': . ested parties between 8 ~ti'rou~~d M;I~y, ~~n~~~ City's Clerk's Office, locot. ed at 1126 East State Rood ~~~, ~Irnt~o~e"~~nf~~'rrfa~~:;~ call (407) 327-1800 #227. Per- sons with disabilities need. ing assistance to participate ~~0~7~ g~Jra~~e i~~o~~~I~~~ ee Relations Department Coordinator, 48 hours In ad- vance of the meet.lng at (407) 327-1800, Extension 236. This Is a public hear- Ing. If YOU decide to appeal a.nv recommendation/deci- sIon made bv the City Com- mission with respect to any matter considered at this ~ll(JI~~, r~~ ~~'6c"e~i~~;; and for such purposes. YOU ~~ba?i~d r~go~as~i~h~h~tro~ ;,tl~~~~~ ~~p~f?se bg~~d~ Interested parties ore ad- vised that they may appear at. the meeting and be heard ~~~~n~~~~ct to the proposed OLS253467 3/15/07 --------.IIt....-----=---._.~, ~~.--.-::.~