HomeMy WebLinkAboutCity of Tamarac Resolution R-2009-171Temp. Reso. #11740 -- 11 /18/09
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CITY OF TAMARAC, FLORIDA
RESOLUTION NO. R-2009- / 7
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 CREDIT
ADJUSTMENTS ON KINGS ARBOR KEYS, LLC, WATER
AND SEWER UTILITY ACCOUNTS, RELATING TO
OVERBILLING FOR WATER AND SEWER CONSUMPTION
CHARGES; APPROVING EXECUTION OF A MEMORANDUM
OF UNDERSTANDING BETWEEN THE CITY OF TAMARAC
AND KINGS ARBOR KEYS, LLC, RELATING TO MONIES
OWED TO THE CITY BY THE ASSOCIATION; PROVIDING
FOR CONFLICTS; PROVIDING FOR SEVERABILITY; AND
PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, the City of Tamarac provides water service to Kings Arbor Keys, LLC, a
multi -family community; and
WHEREAS, multi -family dwellings are charged for water and sewer consumption
based on the number of units; and
WHEREAS, City staff discovered that the meter readings did not match the readings
on the customer account in the City's computer system resulting in inaccurate readings;
and
WHEREAS, upon further investigation, it was determined that the Kings Arbor Keys,
LLC, began having account inaccuracies beginning in March 2006; and
WHEREAS, a computer report was utilized to re -calculate the water and sewer
charges for Kings Arbor Keys, LLC, from March 2006 through September 2009; and
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Temp. Reso. #11740 —11 /18/09
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WHEREAS, the inaccuracies in billing to the customer, Kings Arbor Keys, LLC,
occurred over a 43 month period; and
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), and credit Kings Arbor Keys, LLC, water accounts $9,175.16
and $20,176.09 for the overbilled water and sewer consumption for the past 43 months,
including the 10% penalty charge on those totals; and
WHEREAS, Kings Arbor Keys, LLC, has executed a Memorandum of
Understanding relating to monies owed to the City by the Association as a result of
delinquent utility payments, a copy of said Memorandum attached here to as "Exhibit 1 ";
and
WHEREAS, in an effort to ensure continued water service to the Association, the
City and the Association have agreed to a payment plan which would enable the
Association to pay off its outstanding debt in exchange forthe City's willingness to provide
such service; and
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Temp. Reso. #11740 —11 /18/09
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WHEREAS, the Director of Parks and Recreation and Utilities Director recommend
the City Commission approve an exception to City Code Section 22-131 (a), Adjustment of
Bills, and allow a credit adjustment equaling $9,175.16 on Kings Arbor Keys, LLC, water
account #63663-9990774, and $20,176.09 on account #63663-9990776, and accept and
execute the Memorandum of Understanding between the City of Tamarac and Kings Arbor
Keys, LLC; 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, and allow a credit
adjustment equaling $9,175.16 on Kings Arbor Keys, LLC, water account #63663-
9990774, and $20,176.09 on account #63663-9990776, and accept and execute a
Memorandum of Understanding between the City of Tamarac and Kings Arbor Keys, LLC.
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
credit adjustment equaling $9,175.16 on Kings Arbor Keys, LLC, water account #63663-
9990774, and $20,176.09 on account #63663-9990776.
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SECTION 3: That the appropriate City Officials are hereby authorized to approve
and execute a Memorandum of Understanding, attached hereto as "Exhibit 1 ", between
the City of Tamarac and Kings Arbor Keys, LLC, relating to monies owed to the City by the
Association.
SECTION 4: All resolutions or parts of resolutions in conflict herewith are hereby
repealed to the extent of such conflict.
SECTION 5: 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.
SECTION 6: This Resolution shall become effective immediately upon its passage
and adoption.
PASSED, ADOPTED AND APPROVED this Nday of A, 2009.
ATTEST:
MAR109 SWENSON, CMC
CITY XERK
I HEREBY CERTIFY that
I have approved this
RESO TION as to form.
Tk
S�AMUPL- S. GOREN
0 CITY ATTORNEY
BETH FLANSBAUM-TALABIS 0
Mayor
RECORD OF COMMISSION VOTE:
MAYOR FLANSBAUM-TALABISCO
DIST 1: COMM BUSHNELL 4440
DIST 2: COMM ATKINS-GRA
DIST 3: COMM GLASSER
DIST 4: VM DRESSLER !�
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Temp. Reso. #11740 —Exhibit 1
MEMORANDUM OF UNDERSTANDING
This MEMORANDUM OF UNDERSTANDING ("MOU") is entered into between the
CITY OF TAMARAC, 7525 N.W. 88th Avenue, Tamarac, Florida 33321 (the "CITY") and the
ARBOR KEYS CONDOMINIUM ASSOCIATION, 4501 Treehouse Lane, Tamarac, Florida
33319 (the "ASSOCIATION") for the purpose of clarifying and confirming the understanding
and agreement between the CITY and ASSOCIATION with respect to monies owed to the CITY
by the ASSOCIATION as a result of delinquent utility payments. CITY and ASSOCIATION
may be collectively referred to as the "Parties".
WHEREAS, as of October 29, 2009, the ASSOCIATION owes the CITY $188,318.04 in
unpaid utility bills for water, sewer, stormwater and recycling service provided by the CITY; and
WHEREAS, in an effort to ensure continued water service to the ASSOCIATION, the
CITY and the ASSOCIATION have agreed to a payment plan which would enable the
ASSOCIATION to pay off its outstanding debt in exchange for CITY's willingness to provide
such uninterrupted service; and
WHEREAS, the Parties agree that the terms and conditions set forth herein are in their
individual and collective best interests.
NOW THEREFORE, the Parties agree as follows:
1. The foregoing "Whereas" clauses are true and correct and incorporated herein.
2. The ASSOCIATION shall remain current on its utility payments from the date of
the execution of this MOU forward. Any additional delinquent utility payments after the
execution of this MOU shall result in a re-evaluation of the terms and conditions set forth herein
as well as, at the CITY's sole discretion, additional action by the CITY, which may include, but
not be limited to, the disconnection of service.
3. The ASSOCIATION shall remit an additional $3000.00 per month payment to the
CITY along with the regular utility payments as set forth in Section 2, above.
4. The ASSOCIATION acknowledges that it is owed approximately $800,000.00 in
outstanding payments from delinquent unit owners within Arbor Keys. The CITY shall receive
sixty percent (60%) of all receivables paid to the ASSOCIATION by delinquent unit owners to
be applied to the debt owed to the CITY. Payment of these funds shall be made to the CITY by
the ASSOCIATION monthly. If no payments are received by the ASSOCIATION from
delinquent unit owners in a particular month, the ASSOCIATION shall notify the CITY in
writing that no payments were received. Payments pursuant to this section shall be made by the
ASSOCIATION to the CITY until all outstanding utility payments owed to the CITY have been
satisfied.
SSG/JGH 11-4-09
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5. The ASSOCIATION shall provide the CITY with monthly written reports
detailing the ASSOCIATION's budget and indicating the amount of funds available and received
each month.
6. The ASSOCIATION shall grant the CITY access to the ASSOCIATION to allow
for members of the CITY's Utility. Department to review the ASSOCIATION's water usage
practices. Such access shall be provided monthly, or as otherwise requested by the CITY. The
CITY, in its sole discretion, may request reasonable changes to the ASSOCIATION's water
usage practices, and the ASSOCIATION shall immediately implement and/or incorporate such
requested changes.
7. All notices and reports required under this MOU shall be provided to the
following:
City of Tamarac
Parks and Recreation Department
Attn: Greg Warner, Director
6001 Nob Hill Road
Tamarac, Florida 33321
8. Both Parties acknowledge that they have had an opportunity to have this
Memorandum of Understanding reviewed by independent legal counsel.
9. The Memorandum of Understanding shall become effective as of the date it is
ratified by both parties.
CITY OF TAMARAC
BETH FLANSBAUM-TALABISCO
Mayor
9t4-,)
Date
APPROVED AS TO LEGAL FORM
4ANFFICIENY:
Ff the C41ity Attorney
ARBOR KEYS CONDOMINIUM
ASSOCIATION
Print:
Title: IG"'' C �r 11
Date
SSG/JGH 11-4-09
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