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HomeMy WebLinkAbout2007 04 09 Public Hearing 502 Ordinance 2007-08 Amending Sections 19-7 and 19-100 COMMISSION AGENDA ITEM 502 Consent Informational Public Hearing x Regular April 9. 2007 Meeting ;J-~ Mgr. / Att. / Dept. REQUEST: The City Attorney's Office requests the City Commission consider adopting on Second and Final Reading Ordinance No. 2007-08 amending sections 19-97 and 19-100 of the City Code regarding the imposition ofutility late fees and reinstatement and new deposits for delinquent utility accounts. PURPOSE: The purpose of this Ordinance is to provide a more lenient utility collection process by providing a one time exemption from late fees, reinstatement fees, and new deposits under certain circumstances. APPLICABLE LAW AND PUBLIC POLICY: 1. Florida Municipal Home Rule Authority 2. Chapter 180, Florida Statutes. CONSIDERATIONS: 1. Relevant to the City's utility billing process, the City Commission accepted three recommendations presented by City staff at the February 26, 2007 Commission meeting, as follows: (A) Permit a one life-time waiver ofthe $5.00/5% late fee. (B) Permit a one time waiver of the $30 reinstatement fee, provided that the customer has not previously been disconnected and provided that there were no more than two late fees during the previous three year period. (C) Permit a one time waiver of the $100 new deposit, which is required from delinquent accounts, provided that the customer has not previously been disconnected and provided that there were no more than two late fees during the previous three year period. 2. The proposed changes provide a more lenient collection policy for first time delinquent or disconnected customers. 3. The proposed Ordinance does NOT change any rate or fee. ST AFF RECOMMENDATION: The City Manager and City Attomeyrecommend adoption of Ordinance 2007-08 on Second and Final Reading. ATTACHMENT: Ordinance No. 2007-08 COMMISSION ACTION: 1. At the February 26, 2007 meeting, the City Commission tentatively approved the aforementioned changes subject to the adoption of Ordinance No. 2007-08. 2. At the March 12, 2007 meeting, the City Commission passed this Ordinance on First Reading. 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. WHEREA..8. 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 ofthe 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 [mdings 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 ~b.;](cout type indicates deletions): Sec. 19-97. Billing, payment, delinquency. Users of the water and/or wastewater system, or garbage collection shall be billed montWy 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. Ifthere 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 durin~ 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. lfthe entire bill ifnot 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 bv 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 S~l ikcotlt type indicates deletions): Sec. 19-100. Application requirements. I. (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 of4 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 vear 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; referto 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 ofthis 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 regular meeting assembled on the _ day of , 2007. JOHN F. BUSH, Mayor ATTEST: ANDREA LORENZO-LUACES City Clerk APPROVED AS TO LEGAL FORt'\1 A.i\'!> SUFFICIENCY FOR THE CITY OF WINTER SPRINGS ONLY. ANTHONY A. GARGANESE City Attorney First Reading: Second Reading: Effective Date of Ordinance: City of Winter Springs Ordinance No. 2007-08 Page 4 of 4 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