CITY OF
PUBLIC
WORKS/UTILITIES DEPARTMENT
To: Mayor and City Commission
From: Richard
D. Sala, City Manager
By: Mike
Shields, Public Works Director
Date: November
13, 2007
Subject: Second Reading: Utility Billing Ordinance revising
Fees and Procedures
Attached for the Commission’s consideration and adoption on the second and
final reading is the ordinance on utility billing fees and procedures.
The current City ordinance regarding utility billing was last revised in the early 1990s. Earlier this year, staff started to review the existing code pertaining to the Utility billing operations and draft 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.
As you may recall, the first reading of the amended ordinance was
presented to the Commission for consideration and approval on July 17, 2007.
The Commission, after discussion, approved the first reading with certain
amendments that they recommended to be made.
Working with the City Attorney’s office, Staff has addressed and
incorporated all of the Commission’s recommended changes. These changes are
listed below:
In addition, the following changes were previously approved on first reading on July 17, 2007 and we are presenting them tonight for second reading and final adoption
We strongly believe that these changes to the utility billing fees and procedures will increase our operational efficiencies and revenues.
With the approval of this ordinance tonight, staff is prepared to implement these changes in conjunction with the new computer system conversion to the Munis/Opus system, which is scheduled to go live on February 1, 2008. Appropriate notification to our customers of these changes will take place prior to the conversion date.
Recommendation
The City Administration recommends Commission’s consideration and approval of the second and final reading of the attached ordinance amending Chapter 70 of the City Code, entitled “Utilities” to revise certain billing rates and procedures.
ORDINANCE NO. ____________________
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 32nd
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.
(2) For restoring
water service hours after discontinuance after normal working hours, $35.00 $50.00.
…
(3) For initial turnon of water service to a new account, $15.00 $25.00.
…
(d) Broken meter
strap replacement fee, $2580.00.
(e)
If an inspection of a faulty meter box requested by the customer turns out to
be false, the customer shall be charged a service fee in the amount of $35.00.
Section 5. Section 61 of Appendix F, entitled “Same – Security Deposit”, is hereby amended as follows:
Sec. 61 Same-Security Deposit
(a) The security deposit required by section 70-5 is as follows:
(1) Residential customers:
a. Owner-occupied
dwelling unit: $60.00 $200.00 per
equivalent residential connection (e.g., the deposit for a 100-unit apartment
complex shall be $6,000.00$20,000).
Section 6. 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
7. 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.
Section 8. 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 9. This Ordinance shall become effective upon passage and adoption.
PASSED AND ADOPTED BY THE CITY
COMMISSION OF THE CITY OF
PASSED AND ADOPTED BY THE CITY
COMMISSION OF THE CITY OF
APPROVED AS TO FORM:
______________________________
SAMUEL S. GOREN
CITY ATTORNEY
____________________________________
MAYOR
JACK BRADY
ATTEST:
____________________________________
VICE
MAYOR RICH MOYLE
_______________________________