HomeMy WebLinkAboutCity of Tamarac Ordinance O-1997-0051
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Temp. Ord. # 1787
Page 1
March 26, 1997
Rev. #1: March 31, 1997
Rev. #2: April 16, 1997
CITY OF TAMARAC, FLORIDA
ORDINANCE NO.97- S
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY
OF TAMARAC, FLORIDA; AMENDING TAMARAC CITY
CODE CHAPTER 22 ENTITLED "UTILITIES," ARTICLE III,
DIVISION 4 ENTITLED "BILLING AND DISCONTINUANCE
OF SERVICE," AMENDING SECTION 22-127 ENTITLED
"DISCONTINUANCE OF SERVICE AND DISCONNECTION
OF PREMISES FROM SYSTEM FOR NONPAYMENT;
DISCONNECTION CHARGE," CHANGING THE NAME OF
DISCONNECTION CHARGE TO DELINQUENCY CHARGE ,
AMENDING SECTION 22-127(D)TO ALLOW THE CITY
DISCRETION IN DEBITING THE CHARGE AGAINST THE
DEPOSIT; PROVIDING FOR CODIFICATION; PROVIDING
FOR CONFLICTS; PROVIDING FOR SEVERABILITY; AND
PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, Section 22-127 of the Utilities chapter of the Code of Ordinances
requires "If service is disconnected pursuant to this section, a disconnecting charge shall
be made by the city."; and
WHEREAS, Section 22-127 should be amended to clarify legislative intent that the
charge on bills that are not paid within forty-five days should be called a "delinquency
charge" instead of a "disconnection charge" to eliminate any ensuing controversy resulting
from accounts having service restored within the same day as disconnection ; and
WHEREAS, Section 22-127 also provides "Such charge shall be debited against the
deposit that the consumer maintains with the city."; and
WHEREAS, from a practical standpoint, the delinquency charge should be debited
against the consumer's deposit at the City's discretion and not mandated; and
WHEREAS, the City Manager and Director of Finance recommend approval; and
WHEREAS, the City Commission of the City of Tamarac deems it to be in the
best interest of the citizens and residents of the City of Tamarac, to clarify these utilities
policies.
CODING: WOMS 6A StFuelt thfeugh type are deletions from existing law;
Words in underscored type are additions.
Temp. Ord. # 1787
Page 2
March 26, 1997
Rev. #1: March 31, 1997
Rev. #2: April 16, 1997
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE
CITY OF TAMARAC, FLORIDA:
SECTION 1: The foregoing "WHEREAS" clauses are hereby ratified and
confirmed as being true and correct and are hereby made a specific part of the
Ordinance upon adoption hereof.
SECTION 2: ARTICLE III. entitled "RATES AND CHARGES AND
BILLING PROCEDURE" is hereby amended as follows:
DIVISION 4. BILLING AND DISCONTINUANCE OF SERVICE
Sec. 22-127. Discontinuance of service and disconnection of premises from
system for nonpayment; diseenneetion eharge. delinquency charge.
(d) If sefyiee is diseeigneeted pursuant to this seetien,
shell be n9ade by the eity. Such ehafge she" be debited against the deposit
If a ment is no the Cily
within forty-five (4 days from the original rendering date.. _ dglinquengy charge
will be added to the bill. Such charge may, at the City's discretion, be debited
against -the deposit that the core_ umer maintains yvith the City.
SECTION 3: It is the intention of the City Commission and it is hereby
ordained that the provisions of this Ordinance shall become and be made a part of the
Code of Ordinances of the City of Tamarac, Florida, and that the Sections of this
Ordinance may be renumbered, relettered and the word "Ordinance" may be changed
to "Section," "Article" or such other word or phrase in order to accomplish such
intention.
SECTIO 4: All Ordinances or parts of Ordinances, and all Resolutions or
parts of Resolutions in conflict herewith are hereby repealed to the extent of such
conflict.
CODING: WeFEIS OR StFuelt thfough type are deletions from existing law;
Words in underscored type are additions.
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Temp. Ord. # 1787
Page 3
March 26, 1997
Rev. #1: March 31, 1997
Rev. #2: April 16, 1997
SECTION 5i If any provision of this Ordinance or the application thereof
to any person or circumstance is held invalid, such invalidity shall not affect other
provisions or applications of this Ordinance that can be given affect without the invalid
provision or application, and to this end the provisions of this Ordinance are declared to
be severable.
SECTION 6: This Ordinance shall become effective immediately upon its
passage and adoption.
PASSED, FIRST READING this ;p day of 1' ''44/z- 11997.
PASSED, SECOND READING this /4 day of
ATTEST:
CAROL A. EVANS
CITY CLERK
I HEREBY CERTIFY that I
have approved this
ORDINANCE as to form.
MITCHELL S' K'RA
CITY ATTORNEY
Finance/TH
14-1 /1 r , 1997.
L
JOE SCHREIBER
MAYOR
RECORD CIF
MAYOR
DIST 1»
DIST � vaj
DIST 3:
DIET 4: 1
CODING: WeFds in stpuek thFeugh type are deletions from existing law;
Words in underscored type are additions.
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