CITY OF
PUBLIC WORKS/UTILITIES DEPARTMENT
To: Mayor and City Commission
From: Richard D.
Sala, City Manager
By: Mike
Shields, Public Works Director
Date: July
17, 2007
Subject: First
Attached for the Commission’s
consideration and adoption on first reading is an ordinance revising the
existing utility billing fees and procedures.
The current City ordinance
regarding utility billing was last revised in the early 1990s. As reported to the Commission in May, staff
has been reviewing that ordinance and the entire utility billing operation for
modifications to keep pace with today’s needs.
We believe that significant
changes to the ordinance primarily by addressing fees and changes on the operational
side are needed to keep in line with how other local governments are currently
operating.
Some of the major proposed
changes, which are listed below will increase our operational efficiencies and
revenues. There may be additional
revisions and adjustments that will be incorporated into the amended ordinance
prior to the final reading.
Proposed Changes
Recommendation
The City Administration recommends Commission’s consideration and approval
of the first reading of the attached
ordinance amending
Chapter 70 of the City Code, entitled “Utilities” to revise certain billing rates
and procedures.
ORDINANCE _____________________
AN ORDINANCE OF THE CITY OF NORTH LAUDERDALE,
FLORIDA, AMENDING CHAPTER 70 OF THE NORTH LAUDERDALE CODE OF ORDINANCES,
ENTITLED “UTILITIES”; AMENDING SECTION 70-4, ENTITLED “SIMULTANEOUS WATER, SEWER
AND STORMWATER MANAGEMENT RATES”; AMENDING SECTION 70-6, ENTITLED “BILLING
PROCEDURE, DELINQUENT ACCOUNTS”, BY REVISING THE TIMEPERIOD AND FINE AMOUNTS
FOR DELINQUENT ACCOUNTS; AMENDING SECTION 60 OF APPENDIX F, ENTITLED “WATER AND
SEWER – GENERALLY”, BY SPECIFICALLY REVISING THE FINE AMOUNTS FOR THE
DISCONTINUANCE OF WATER SERVICE FOR NONPAYMENTS OF AMOUNTS BILLED; PROVIDING
FOR CODIFICATION; PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY;
PROVIDING AN EFFECTIVE DATE.
WHEREAS, on March 29, 1994 the City
Commission of the City of the City of North Lauderdale (hereinafter referred to
as the “City”) passed on second and final reading Ordinance No. 94-3-865, which
comprehensively modified the rates and charges for water, wastewater and sewer
services throughout the City; and
WHEREAS, the recent tax reforms
initiated by the 2007 Legislature of the State of Florida have had a financial
impact on the City resulting in, among other things, the City Commission’s need
to revisit the reasonable rates and charges
imposed for the City’s providing of water and sewer services; and
WHEREAS, City Staff has studied the
rates, changes and history of the same in Broward County and has advised this
City Commission that amending Chapter 70 of the City’s Code of Ordinances is
appropriate to best protect the health safety and welfare of the citizens and
residents of the City; and
WHEREAS, the City Commission deems it
to be in the best interests of the health, safety and welfare of the citizens
and residents of the City to modify the City’s water and sewer fees by amending
Chapter 70 of the City’s Code of Ordinances.
NOW,
THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF
Section
1. The foregoing “Whereas”
clauses are hereby ratified as true and correct and incorporated herein by this
reference.
Section 2. The City Commission of the City of
Sec. 70-4 Simultaneous water, sewer
and stormwater management rates
(a) The rate schedule for water and
sewer service shall be as established by ordinance.
(b) (a) Multifamily
dwelling units which have only one meter servicing more than one dwelling unit
shall be charged for water and wastewater regardless of occupancy and shall be
based on the number of equivalent residential connections (ERC's) which have
been adopted by the city for each water meter. Should all units in a
multifamily dwelling be vacant, the owner of same may cause charges to cease
upon written certification of this fact to the utility billing office; and upon
such certification, the city shall disconnect or lock the subject meter.
(c) (b) Charges
for water services and facilities, charges for sewer services and facilities
and charges for stormwater management fees shall be rendered to the utility
customers on one bill, provided that the charges shall be listed separately
thereon, and provided further, that no customer may pay the charges for any
thereof without simultaneously paying the charges for the others thereof.
(c) Water, sewer and stormwater management accounts
shall be established in the name of the property owner.
Section 3. The City Commission of the City of
Sec. 70-6. Billing
procedure; delinquent accounts.
(a) Bills for the city utility
services shall be rendered once per month, based on the rate structure then in
effect, and shall be due when rendered and past due 28 fifteen (15) days
subsequent to the billing date.
(b) If payment has not been received
by the city by the delinquency date, a "past due" notice and amount
due shall be printed on the customer's subsequent monthly bill.
(c) If payment is not received during
regular business hours within seven thirteen (13) days of the
"past due" notice, a late payment fee of $10.00 $15.00 shall
be charged to the customer's account and a remainder, in the form of a door
hanger, will be delivered to the service address.
(d) If "past due" payment
is not received during regular business hours on the 28th 5th
day following the "past due" notice, utility service will be
discontinued on the 29th 34th day.
Section 4. Section
60 of Appendix F, entitled “Water and Sewer – Generally”, is hereby amended as
follows:
Sec. 60 Water and sewer – Generally
…
(b) Water service interruption fees
as referenced in section 70-7 are as follows:
(1) For discontinuance of water
service for nonpayment of amounts billed, $25.00 $35.00.
…
(3) For initial turnon of water service to a new
account, $15.00 $25.00.
…
(d) Broken meter strap replacement fee, $25.00.
Section 5. It is the intention of the City Commission of the City of North Lauderdale that the provisions
of this Ordinance shall become and be made a part of the Code of Ordinances of
the City of North Lauderdale,
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 6. If
any clause, section or other part of this Ordinance shall be held by any court
of competent jurisdiction to be unconstitutional or invalid, such
unconstitutional or invalid part shall be considered as eliminated and in no
way affecting the validity of the other provisions of this Ordinance.
APPROVED AS TO FORM:
______________________________
SAMUEL S. GOREN
CITY ATTORNEY
____________________________________
MAYOR
JACK BRADY
ATTEST:
____________________________________
VICE MAYOR RICH MOYLE
_________________________________________
DEPUTY CITY CLERK