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Home My WebLink AboutCity of Tamarac Ordinance O-2011-006Temp. Ordinance # 2223 April 11, 2011 Page 1 of 6 ORDINANCE NO.2011- 06 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF TAMARAC, FLORIDA, AMENDING CHAPTER 22, "UTILITIES" OF THE CODE OF ORDINANCES OF THE CITY OF TAMARAC BY AMENDING SECTION 22-96 RATES AND CHARGES APPLICABLE TO CITY UTILITY, TO PROVIDE REGULATIONS RELATING TO SERVICE AVAILABILITY CHARGES AND CONSUMPTION RATE ADJUSTMENTS; AMENDING SECTION 22-97 REVENUE GENERATION SYSTEM RELATING TO REMOVING REQUIREMENTS FOR ACCUMULATION OF FUNDS; AMENDING SECTION 22-127 'PROVIDING FOR A DELINQUENCY CHARGE; PROVIDING FOR CODIFICATION; PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY; PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City has performed an evaluation of the water and sewer rates; and WHEREAS, City Staff presented the results of the FY 2010 Water & Sewer Long -Term Financial Plan (W & S Plan) for the City of Tamarac Utilities Department to the City Commission; and WHEREAS, City Staff is in agreement with Burton & Associates W & S Plan which recommends a rate indexing structure utilizing the U.S. Consumer Price Index Water and Sewerage Maintenance Index or the recommended rate adjustment included in the W & S Plan, whichever is higher; and WHEREAS, City Staff has reviewed other sections of the current ordinance and recommends changes and adjustments to existing language; and 1 WHEREAS, the City Commission deems the proposed amendments to the City of Chapter 22 "Utilities" to be in the best interests of the health, safety, and welfare of the citizens and residents of the City of Tamarac. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF TAMARAC, FLORIDA, AS FOLLOWS: 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. That Chapter 22 "Utilities" of the City of Tamarac Code of Ordinances be amended by: Sec. 22-96. Rates and charges applicable to city utility. a. The City Commission shall, after a duly noticed public hearing, establish and adopt by resolution a schedule for fees and charges incidental to the operation of the city's utility system. b. Commencing on October 1, 2011 and effective on October_ 1_, of each year thereafter, all water and wastewater service availability charges and consumption rates shall be adjusted, without further action by the City_ Page 2 of 6 CODING: Words in strike throu type are deletions from existing law; Words in underlined type are additions. Commission b the U.S. Consumer Price Index Water and Sewers e Maintenance Index as determined in June of the calendar year of the adjustment or the annual calculated rate adjustment provided in the most recent Water and Sewer Long -Term Financial Plan whichever is greater. c. In the event that the South Florida Water Management District or other authority having jurisdiction declares a water shortage requiring mandatory curtailment to the extent of a 15 percent reduction in water usage, the water consumption charges then in effect by resolution shall be increased 18 percent. In the event that a reduction of water use in excess of 15 percent is required, the City Commission May -establish by resolution an appropriate surcharge based upon a recommendation of the City Administration as to the revenue required to comply with existing debt service covenants or to meet other requirements of the water system._ Sec. 22-97. Revenue generation system. (a) The water and sewer fund of the utility shall be structured to provide for a revenue generation system which shall include the user charge system required by F.S. § 403.1826 and associated administrative rules contained in the Florida Administrative Code established in the city's utility rate resolution aMM9MMMMTT7 M-M� W-U ef equipment, aeeeSSeFies eF appuFtenanees during the design life ef all tFeatment wer effluent limitations required- - or - - - manmade OF natuFal disasters. D- "North(1) An annual deposit shall be made kite the seweFage system capital impreyernent aeeeunt net lateF than the end ef eaeh one year peFied, beginning with the date a The pFejeet entitled 1est FeFee Main andPumping r rejeet 7630:30, shall FeqU'Fe an annual deposit of forty two-#Kwsa-,.-1 ��V�JILY 11111%.i dellaFs and sixty cents • • _ •during the peFied of its-aF - Page 3 of 6 CODING: Words in Stdke through type are deletions from existing law; Words in underlined type are additions. MrAPIMN!■ MOM Rill". All Ell I I M, Win Sec. 22-127. Discontinuance of service and disconnection of premises from system for nonpayment; delinquency charge. (a) If the service bill or other charge is not paid within twenty-five (25) calendar days after the date rendered, the city will subsequently mail a notice to the party on record. The notice, which may take any written form, will inform the consumer that if payment is not received within forty-five (45) days from the original rendering date, service shall be discontinued. (b) Any consumer contesting his bill is entitled and has a right to a hearing before an employee of the city with authority to waive or modify charges imposed by the city in the event of overcharging or charging for services not rendered. The city manager or his designated representative is authorized to meet with any consumer contesting his bill and waive or modify charges imposed by the city in the event of overcharging or charging for services not rendered. (c) If any bill is not paid within forty-five (45) calendar days from the original rendering date, the service shall be discontinued. Page 4 of 6 CODING: Words in strike throu type are deletions from existing law; Words in underlined type are additions. (d) If payment is not received by the city within forty-five (45) days from the original rendering date, a delinquency charge will be added to the bill. Such charge may, at the city's discretion, be debited against the deposit that the consumer maintains with the city. (e) All moneys owed the city for service shall be deemed liens on the property, which liens may be filed in the official records of the county_,— and foreeleeed in the sarn€ f There shall be a charge incurred on those customers delinquent in the payment of the monthly utility bills. The fee shall amount to $2.00 plus 1.5 percent permonth of the unpaid balance but not amounting to less than Section 3. It is the intention of the City Commission of the City of Tamarac 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, re -lettered and the word "Ordinance" may be changed to "Section", "Article" or such other word or phrase in order to accomplish such intention. Section 4. If any clause, section, or other part or application of this Ordinance shall be held by any court of competent jurisdiction to be unconstitutional or invalid, such unconstitutional or invalid part or application shall be considered as eliminated and so not affecting the remaining portions or applications remaining in full force and effect. Section 5. All Ordinances or parts of Ordinances, Resolutions or parts of Resolutions in conflict herewith be and the same are hereby repealed to the extent of such conflict. Section 6. This Ordinance shall become effective on immediately upon adoption, as provided by Florida law. Page 5 of 6 CODING: Words in dough type are deletions from existing law; Words in underlined type are additions. PASSED, FIRST READING this day of C .h�.% , 2011. PASSED, SECOND READING this ! day of ' 2011. y BY: am L L A ST: MAYOR PANTELA BUSHNELL �L. mo, QJRECORD OF COMMISSION VOTE ETER R[CfFkDSON, CRM, CMC MAYOR BUSHNELL CITY CLERK DIST 1: COMM. SWENSON DIST 2: V/M GOMEZ I HEREBY CERTIFY that I have approved this ORDINANCE as to form: S MUEL S. REN CITY ATTO EY DIST 3: COMM. GLASSER DIST 4: COMM. DRESSLER RECORD OF COMMISSION VOTE MAYOR BUSHNELL DIST 1: COMM. SWENSON DIST 2: V/M GOMEZ DIST 3: COMM. GLASSER DIST 4: COMM. DRESSLER Page 6 of 6 1ST Reading 2ND Reading CODING: Words in strike threuo type are deletions from existing law; Words in underlined type are additions. 1 1 L