HomeMy WebLinkAboutCity of Tamarac Ordinance O-2003-018Temp Ordinance #2014 -- June 9, 2003
Revision #1 07/02/03
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CITY OF TAMARAC, FLORIDA
ORDINANCE NO. 0-2003-
AN ORDINANCE OF THE CITY COMMISSION OF THE
CITY OF TAMARAC, FLORIDA, AMENDING CHAPTER 22
ENTITLED, "UTILITIES", ARTICLE III ENTITLED, "RATES
AND CHARGES AND BILLING PROCEDURE", DIVISION 4
ENTITLED, "BILLING AND DISCONTINUANCE OF
SERVICE", SECTION 22-132 ENTITLED, "CONSUMER
DEPOSIT", ALLOWING FOR THE RETURN OF
CONSUMER DEPOSITS FOR CUSTOMERS IN GOOD
FINANCIAL STANDING; PROVIDING FOR
CODIFICATION; PROVIDING FOR CONFLICTS;
PROVIDING FOR SEVERABILITY; AND PROVIDING FOR
AN EFFECTIVE DATE.
WHEREAS, currently, consumer deposits remain with the city as long as
utility customers continue to take service; and
WHEREAS, the city believes it is in the best interest of the customer and
the utility to return consumer deposits to those customers who have
demonstrated good payment histories with the utility; and
WHEREAS, good payment history consists of incurring no more than one
(1) late fee in a twelve (12) month period commencing October 1 and ending
September 30, for two consecutive years; and
WHEREAS, Section 22-132 of the City of Tamarac Code of Ordinances
must be amended to authorize the return of deposits to customers in good
financial standing with the utility-, and
WHEREAS, consumer deposits shall be refunded to consumers
demonstrating good payment histories effective October 1, 2003, and every year
thereafter; and
WHEREAS, the Director of Finance and the Director of Utilities
recommend approval of the proposed amendment to Chapter 22, Article III,
Division 4, Section 22-132; and
WHEREAS, the City Commission of the City of Tamarac has deemed it to
be in the best interest of the citizens and residents of the City of Tamarac to
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WORIS in undcrsCcirrd 1vlu• arc additions.
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amend Chapter 22 entitled "Utilities", Article III entitled, "Rates and Charges and
Billing Procedure", Division 4 entitled "Billing and Discontinuance of Service",
Section22-132 entitled, "Consumer deposits" to allow return of deposits to
customers who have demonstrated good payment histories with the utility.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE
CITY OF TAMARAC, FLORIDA, THAT:
SECTION 1. The foregoing whereas clauses are hereby ratified
and confirmed as being true and correct and are hereby made a specific part of
this Ordinance upon adoption hereof.
SECTION 2. Section 22-132 of the Tamarac Code is hereby
amended to read as follows:
Sec. 22-132. Consumer deposit.
tea} Before rendering service a deposit or guarantee satisfactory to the city
to secure the payment of bills, and any expense incurred by the city is
required. The city shall give the consumer a nonnegotiable and
nontransferable deposit receipt. Such deposits shall bear no interest
fad-e sewir-e. Deposits made prior to March 19, 1980 that were in
conformance with existing regulations need not be increased to meet
the requirements of this section. Deposits shall be made in
accordance with the rate schedule of the city in effect at time of
payment.
kl� Consumer deposits shall be returned to consumers demonstrating
good payment histories with the utility. Good payment history shall
consist of incurring no more than one (1) late fee in a twelve (12)
month period commencina October 1 and endina September 30, for
two consecutive years.
c, Consumer deposits returned due to good payment histories shall be
returned in the form of a credit to the consumer's utility account.
) Upon final settlement of the consumer's account, any unused
balance of the deposit will be refunded. Refund is contingent upon
CODING: Words in 114"+g4i type are deletions from existing law.
work in under"cored type are adcliti011s.
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surrender to the city of the applicable deposit receipt or, when the
receipt cannot be produced, upon adequate identification.
(G4 Le� An additional deposit for consumers with bad payment record or
average usage in excess of deposit may be required by the city
manager or his authorized representative.
J41 (f) All deposits shall be accounted for separately from other funds of
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 or reletterd and the word
"Ordinance" may be changed to "Section", "Article" or such other word or phrase
in order to accomplish such intention.
SECTION 4. All Ordinance or parts of Ordinances and all
Resolutions or parts of Resolutions in conflict herewith are hereby repealed to
the extent of such conflict.
SECTION 5. 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.
('ODINU Words in s4kle T44 type are dcictions I'rcam cxist1112 1MV
Word", in iuuierscored t\l)c ;Irc ❑didiition�.
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SECTION 6. This Ordinance shall become effective immediately
upon its passage and adoption.
PASSED, FIRST READING this 9th day of July, 2003.
PASSED, SECOND READING this 27th day of August, 2003.
ATTEST:
JOE SCHREIBER
MAYOR
LJ
MARION SWENSON, CMC
CITY CLERK
I HEREBY CERTIFY that
I have approved this
ORDINANCE as to form.
MITCHELL S. KRAFT
CITY ATTORNEY
RECORD OF COMMISSION VOTE: 1st R ading
MAYOR SCHREIBER
DIST 1: COMM. PORTNER
DIST 2: COMM. FLANSBAUM-TALABISC
DIST 3: COMM. SULTANOF
DIST 4: V/M ROBERTS
RECORD OF COMMISSION VOTE: 2nd ading
MAYOR SCHREIBER
DIST 1: COMM. PORTNER
DIST 2: COMM. FLANSBAUM-TAILABIStOLLaL
DIST 3: COMM. SULTANOF
DIST 4: V/M ROBERTS
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CODING: Words in StRi k thi-owgh type are deletions I'rom existing law.
Words in underscored lvtic arc additicros