HomeMy WebLinkAboutResolution 2005-21 Stormwater Utility Fees
RESOLUTION NO. 2005-21
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF
WINTER SPRINGS, FLORIDA, ESTABLISHING A POLICY FOR
THE COLLECTION OF UNBILLED OR IMPROPERLY BILLED
STORMW A TER MANAGEMENT UTILITY FEES; PROVIDING
FOR THE REPEAL OF PRIOR INCONSISTENT RESOLUTIONS;
PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN
EFFECTIVE DATE.
WHEREAS, the City has established a stormwater management utility fee for the
purpose of funding the storm water management system; and
WHEREAS, the rates for stormwater services are applicable to all developed
parcels located within the corporate limits of the City; and
WHEREAS, from time to time the stormwater management utility fee may not
be billed, or may be improperly billed, where stormwater management services are being
provided in accordance with Chapter 19 of the City Code; and
WHEREAS, in recognition of the foregoing, it is the City's intent to adopt a
uniform policy providing for the collection and settlement of unbilled or improperly
billed stormwater management utility fees; and
WHEREAS, the City Commission of the City of Winter Springs 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 RESOLVED BY THE CITY COMMISSION
OF THE CITY OF WINTER SPRINGS, SEMINOLE COUNTY, FLORIDA, AS
FOLLOWS:
Section 1. Incorporation of Recitals. The foregoing recitals are deemed true and
correct and are hereby fully incorporated herein by this reference.
Section 2, Definitions, In addition to the definitions provided within Chapter 19,
Article V of the City Code, the following words or phrases shall have the meanings
indicated below:
A. Unbilled Stormwater Management Utility Fee shall mean the stormwater
management utility fee due for storm water management services provided to a
developed property, as contemplated and provided by Chapter 19 of the City
Code, as may be amended, for which a stormwater management utility fee has not
been imposed upon the property,
City of Winter Springs
Resolution No, 2005-21
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B, Improperly Billed Stormwater Management Utility Fee shall mean the stormwater
management utility fee due for storm water management services provided to
developed property, as contemplated and provided by Chapter 19 of the City
Code, as may be amended, for which a stormwater management utility fee was
imposed inconsistent with the rate algorithm provided in Chapter 19 of the City
Code,
Section 3. Unbilled Stormwater Management Utility Fees Policy. The following
policy is adopted regarding unbilled stormwater management utility fees:
A. Upon discovery of stormwater management services being provided which have
not been billed, the City shall provide prompt notification to such property owner
of the service and establish a proper billing record to bill for all future stormwater
management services, beginning with the next regular billing cycle, Such
notification will be by certified letter return receipt requested or other means as
deemed appropriate by the City,
B. The City utility department shall investigate, through the use of public records
and other appropriate means, the duration of time for which storm water
management services have been provided to the property and not billed, in order
to determine the amount of the stormwater management utility fee due, based on
the rate(s) in effect during the time services were provided but unbilled.
C, In no event, however, will the City collect for unbilled stormwater management
utility fees incurred more than twelve (12) months from the date the City
determined stormwater management services were being provided but unbilled,
D, The amount determined due and owed for unbilled stormwater management
utility fees shall be invoiced on the customers' next regular invoice, and payment
shall be due and payable in full upon receipt. However, any unbilled amounts
that exceed one month shall be billed as follows: current month plus one month
unbilled charges until the unbilled charges have been billed and paid in full.
E, If a customer has elected the installment method of payment for unbilled
stormwater management utility fees and becomes delinquent in the payment of
such fees, the City will have the right to charge a late payment penalty on the
delinquent balance, If payment is not made after notification, the City may
discontinue all utility services to such customer and the uncollected balance of the
stormwater management utility fee will be due and payable in full prior to the
reestablishment of service to such account. If the City requests a stormwater
management utility fee deposit, as a matter of policy, from all new stormwater
management customers, the City will also require the payment of a storm water
management utility fee deposit as a condition of the reestablishment of utility
serVIce,
City of Winter Springs
Resolution No, 2005-21
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F, If the customer terminates service, the uncollected balance of the stormwater
management utility fees will be due and payable in full at time of service
termination,
Section 4. Improperly Billed Stormwater Management Utility Fees Policy. The
following policy is adopted regarding improperly billed stormwater management utility
fees to customers:
A. If the City determines that an existing stormwater management system customer
has been overcharged for storm water management service and such customer has
paid the City for such excess stormwater management utility fees, then the City
will immediately refund such overpayment to the customer in accordance with
City policy. No interest will be paid to the account for funds inadvertently billed
to the account and collected and held by the City,
B. If the City determines that an existing stormwater management system customer
has been undercharged for stormwater management service, the customer will be
responsible for the payment of such additional charges that were not billed to such
customer. The amount of customer liability will be determined in accordance
with the collection procedures identified in Section 3 above,
Section 5. 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 6. 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,
Section 7. Effective Date. This Resolution shall become effective immediately
upon adoption by the City Commission of the City of Winter Spring, Florida,
RESOLVED by the City Commission of the City of Winter Springs, Florida, in a
regular meeting assembled on the 27th day of 2005,
JOHN F. BUSH, MAYOR
ATTEST:
ANDREA LORENZO-LUACES, City Clerk
Approved as to legal form and sufficiency for
the City of Winter Springs only:
ANTHONY A. GARGANESE, City Attorney
City of Winter Springs
Resolution No, 2005-21
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