HomeMy WebLinkAboutCity of Tamarac Resolution R-2010-043Temp. Reso. #11794 — 3/25/10
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CITY OF TAMARAC, FLORIDA
RESOLUTION NO. R-2010-
A RESOLUTION OF THE CITY COMMISSION OF THE CITY
OF TAMARAC, FLORIDA, AUTHORIZING THE
APPROPRIATE CITY OFFICIALS TO APPROVE AN
EXCEPTION TO CITY CODE SECTION 22-131 (A),
"ADJUSTMENT TO BILLS", TO ALLOW A REFUND ON THE
5915 BLUE BEECH COURT WATER AND SEWER UTILITY
ACCOUNT, RELATING TO EXCESS CONSUMPTION
CHARGES FOR WATER AND SEWER; PROVIDING FOR
CONFLICTS; PROVIDING FOR SEVERABILITY; AND
PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, the City of Tamarac provides utility service to 5915 Blue Beech Court,
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Tamarac, a single-family residence; and
WHEREAS, City staff discovered that the meter located at 5915 Blue Beech Court,
Tamarac, has been registering water consumption for that residence, as well as another
residence located at 5917 Blue Beech Lane, Tamarac, as a result of an improperwater line
installation; and
WHEREAS, upon investigation, it was determined that the owner of 5915 Blue
Beech Court has been paying for excess water and sewer consumption charges since
1998; and
WHEREAS, once the meter line was corrected the consumption history on the
account was monitored indicating that the consumption is far below the average
consumption since 1998; and
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WHEREAS, City Code Section 22-131 (a), "Adjustment to Bills" provides:
When a consumer has been overcharged or undercharged as a result of
incorrect application of the rate schedule, incorrect reading of the meter,
incorrect connection of the meter or other similar reasons, the amount may
be credited or billed to the consumer, as the case may be. Any credit to the
consumer shall be calculated and credited for a period not to exceed three
(3) months; and
WHEREAS, City staff recommends that the City Commission make an exception to
City Code Section 22-131 (a), to allow the account owner at 5915 Blue Beech Court,
Tamarac, to be refunded $4,199.98 for water consumption charges and $2,206.45 for
sewer consumption charges for utility account 32809-1741060; and
WHEREAS, the Director of Parks and Recreation and the Utilities Director '
recommend the City Commission approve an exception to City Code Section 22-131 (a),
Adjustment of Bills, to allow the account owner at 5915 Blue Beech Court, Tamarac, to be
refunded $4,199.98 for water consumption charges and $2,206.45 for sewer consumption
charges for water utility account 32809-1741060; and
WHEREAS, the City Commission of the City of Tamarac, Florida, deems it to be in
the best interest of the citizens and residents of the City of Tamarac to approve an
exception to City Code Section 22-131 (a), Adjustment of Bills, to allow the account owner
at 5915 Blue Beech Court, Tamarac, to be refunded $4,199.98 for water consumption
charges and $2,206.45 for sewer consumption charges for water utility account 32809-
1741060.
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NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE
CITY OF TAMARAC, FLORIDA:
SECTION 1: That the foregoing "WHEREAS' clauses are hereby ratified and
confirmed as being true and correct and are hereby made a specific part of this Resolution.
Exhibits attached hereto are expressly incorporated herein.
SECTION 2: That the appropriate City officials are hereby authorized to allow a
refund equaling $4,199.98 for water consumption charges and $2,206.45 for sewer
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consumption charges for water utility account 32809-1741060.
SECTION 3: All resolutions or parts of resolutions in conflict herewith are hereby
repealed to the extent of such conflict.
SECTION 4: If any clause, section, other part or application of this Resolution is
held by any court of competent jurisdiction to be unconstitutional or invalid, in part or
application, it shall not affect the validity of the remaining portions or applications of this
Resolution.
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SECTION 5: This Resolution shall become effective immediately upon its passage
and adoption.
PASSED, ADOPTED AND APPROVED this //. day of +-41 , 2010.
r
BETH TALABISCO
MAYOR
ATTEST:
(,RECORD OF COMMISSION VOTE:
MARION WENS N, CMC MAYOR TALABISCO
CITY CLERK DIST 1: COMM. BUSHN L�I_oA/
DIST 2: COMM. ATKINS-GRAD(rJLV
DIST 3: COMM.GLASSER
DIST 4: VM. DRESSLER s
I HEREBY CERTIFY that
I have approved this
RESOLUTION as to form.
;O/j iv
MUEL"& OREN
CITY ATTCFRNEY