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Ordinance No. 80-03-67ORDINANCE NO. 80-03-67 AN ORDINANCE OF THE CITY OF ATLANTIC BEACH, FLORIDA AMENDING CHAPTER 22 ARTICLE II WATERWORKS SYSTEM SECTION 22-27(1)(a.) AND SECTION 22-27(1)(b), CHARGES FOR WATER SERVICES TO INCREASE CHARGES FOR WATER SERVICES; TO AMEND ARTICLE III WASTEWATER SYSTEM DIVISION SEVEN, SEWER USER RATES AND CHARGES, SECTION 22-166 ESTABLISHMENT OF A MONTHLY BASE CHARGE TO INCREASE THE BASE CHARGE FOR SEWER SERVICE, SECTION 22-167 SCHEDULE OF WASTEWATER VOLUME CHARGES TO INCREASE THE VOLUME RATE FOR SEWER SERVICES; TO AMEND SECTION 22-174 DELINQUENT BILLS TO ELIMINATE CONFLICTING LANGUAGE FOR THE CHARGE FOR RECONNECTION AFTER SERVICE DISCONTINUATION FOR NON-PAYMENT; TO AMEND ARTICLE II WATERWORKS SYSTEM SECTION 22-29 TO ELIMINATE CONFLICTING LANGUAGE FOR THE CHARGE FOR RECONNECTION AFTER SERVICE DISCONTINUATION FOR NON-PAYMENT; TO AMEND ARTICLE I IN GENERAL, SECTION 22-4 AUTHORITY TO ADJUST OR WAIVE CHARGES IN APPROPRIATE CASES TO ALLOW GREATER AUTHORITY IN WAIVING DELINQUENT CHARGES; TO AMEND SECTION 22-2 RETURN INVESTMENT POLICY FOR BUCCANEER PLANT TO ALLOW FOR A LESSER TRANSFER TO THE GENERAL FUND; TO PROVIDE FOR SEVERABILITY; TO PROVIDE FOR AN EFFECTIVE DATE. BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF ATLANTIC BEACH, FLORIDA: SECTION 1. Article II Waterworks System, Section 22-27 Charges for water service, is amended as follows: Sec. 22-27. Charges for water service The reasonable rates, rentals, fees and other charges for the use of the services and facilities of the city waterworks system are hereby found and determined to be and are hereby fixed and established as follows: (1) Customers within city: a. Single units. The minimum bill for a single unit shall be {$~83 six dollars and thirty-five cents ($6.35) per month for up to three thousand (3,000) gallons of water. e~wate~ During each monthly billing period, each monthly bill shall also include an additional charge of one dollar and seventy-four cents 1.74 per one thousand (1,000) gallons of water used in excess of three thousand (3,000) gallons during the previous month. Gallons used shall be determined by monthly meter readings. b. Multiple units. For multiple units served through the same meter, the rates and minimum charges shall be in accordance with the following scale. All multiple units will be billed at seventy-five (75) percent of the single-unit rate for each unit, regardless of occupancy: For each unit there will be a minimum charge of four dollars and seventy-seven cents ($4.77) for two thousand two hundred fifty (2,250) gallons per unit. All excess gallonage sh-all be charged at the same rate per one thousand (1,000) gallons as provided for single units above. /'~ ')C.111 nnllnn~ of ui7+°r (2) Customers outside the city: The rates applicable to customers outside the city shall be one and one quarter (1.25) times the above rate applicable to customers inside the city. SECTION 2. Amend Article III Wastewater System, Division Seven Sewer Rates and Charges, Section 22-166 Establishment of a monthly base charge, as follows: Sec. 22-166. c~bii~niier^rcv;-~r Monthly bBase sCharge. "~ Base charges will be levied monthly as follows: (a) Monthly base charge. A monthly base charge of °I°••°^ ~^°,M ^^-~ °~^~+°°^ ,.°^+~ ~-a--~~} twelve dollars and twenty-five cents ($12.25) per equivalent residential unit will be levied upon each connection in accordance with the following: An equivalent residential unit (ERU) is defined as a wastewater connection that delivers three hundred (300) gallons per day (gpd) of typically domestic wastewater flow to the waste stream, or equivalent to a residence serviced by athree-fourths-inch water meter. The monthly base charge is levied as follows: Sin le-famil residential and sin le-famil individual-metered mobile homes $1-1-1~ 12.25 per account Multifamil residential 0.75 X $a-'I~->~ 12.25 per unit Master-metered mobile homes 0.75 x $~>~ 12.25 per unit Travel trailers 0.60 x $~~ 12.25 per site Hotel/motel 0.50 X ~~ 12.25 per unit With kitchen 0.60 x $~-a->~ 12.25 er unit Master-metered commercial $'t-'t-1->~ 12.25 per unit Restaurants, laundries, and car wash connections $-'I-~1-1~ 12.25 X ERU factor All other commercial customers ~8 12.25 x ERU factor where the ERU factor for the commercial classification is based upon meter size as follows: Meter Size in inches ERU Factor 5/8 x '/4 $1.00 1 1.28 1 % 2.08 2 2.88 3 5.60 4 10.00 6 20.00 'x!1(11 fn 4~• elve r1~ll~+rc~ .+nr) ~+evcn nsn~c~ /Q17 !17\ ncr_ onili~.~len+ rse.irl ~ii~±l~r (b) The rates applicable to customers outside of the city shall be one and one quarter (1.25) times the rates above. (c) A monthly base surcharge for revenue generation system as required by the Federal Environmental Protection Agency and the state department of environmental regulation is as follows: A surcharge of one dollar and eighty-four cents ($1.84) per equivalent residential unit shall be levied upon each connection except in the Buccaneer Water and Sewer District in accordance with the following: Usa a Classification ERU Factor Sin le-famil residential and sin le-famil individual-metered mobile homes $1.00 per account Multifamil residential 0.75 er unit Master-metered mobile homes 0.75 per unit Travel trailer site 0.60 per site Hotel/motel 0.50 per unit With kitchen 0.60 er unit Master-metered commercial, more than one unit on one meter 1.00 per unit Commercial 1.84 X ERU Factor Restaurants, laundries, and car wash connections 1.84 X ERU Factor as provided in (a) above. SECTION 3. Amend Article III Division Seven Sewer User Rates and Charges, Section 22-167 Schedule of wastewater volume charges, as follows: Sec. 22-167. Schedule of wastewater volume charges. (a) There is hereby established a uniform volume charge per one thousand (1,000) gallons of water as follows: (1) Single-family residential and single-family individual-metered mobile homes, three dollars and *~~~*~~ ^°~~°^ ^°^*c /Q~.~" sixty-nine cents ($3.69) per one thousand (1,000) gallons of ac#ual residential water consumption in excess of three thousand (3,000) gallons per month up to a maximum of 13.000 gallons per month. (2) Restaurants, laundries and all other classifications, three dollars and {$3-3~) sixty-nine cents ($3.69) per one thousand (1,000) gallons of actual water consumption in excess of three thousand (3,000) gallons per month. ^,,*.,{~ ') 7nn1 *n *F.r°° rln~~ rc nrl c.i..+ fns ~r ^°n*c /@ 2 QA\ nor nn° *hn~ ~~..nrl /1 nnnl +~VCwe~T~ovrcv-crtr .~ ..~.... .... .~ ...... .......... ~w..... .~ ~..... ... ... ......-.......-. ~ • ~---i (b) The rates applicable to customers outside of the city shall be one and one-quarter (1.25) times the rates above. SECTION 4 Amend Article III Division Seven Sewer User Rates and Charges, Section 22-174 Delinquent bills, as follows: Sec. 22-174. Delinquent bills. If any bill for monthly sewer, water or garbage service shall remain due and unpaid on and after 5:00 p.m. on the fifteenth day from the billing da#e, dated on the bill, a penalty of ten (10) percent of the amount due shall be imposed and added to the bill. If the bill remains unpaid for a period of fifteen (15) additional days, then all services shall be discontinued and shall not be reconnected until all past due charges have been fully paid together with a reconnect charg . If, after discontinuation of services, the bill remains unpaid, the city may acquire a lien on the property being serviced which may be foreclosed within thirty (30) days by the city unless the bill and the penalties thereon are paid and the lien satisfied. SECTION 5 Article II Waterworks System, Section 22-29 Due Dates and Late Fees, is amended as follows: Sec. 22-29. Due dates and late fees. Bills for minimum and excess water will be rendered at regular intervals, but the rendering of bills is not an obligation on the part of the city, and failure of the consumer to receive the bill shall not release or diminish the obligation of the consumer with respect to payment thereof, or relieve the consumer of any obligation under this chapter. The bills for service shall be due and payable on the date of billing and shall become delinquent fifteen (15) days thereafter. If the bill is not paid within fifteen (15) additional days (or thirty (30) days from the billing date), service will be discontinued. A #i#l:een- deJ~ reconnect fee will be required to be paid, along with the full amount of the bill, prior to service being restored. SECTION 6. Amend Article I In General, Section 22-4 Authority to adjust or waive charges in appropriate cases, as follows: Sec. 22-4. Authority to adjust or waive charges in appropriate cases. (a) Right to dispute. Every utility customer shall have the right to have any disputed or believed erroneous billing reviewed by an employee of the finance department who is empowered to adjust such billings for overcharging or charging for services not rendered. The finance director shall designate such employees to hear customer disputes and adjust bills to rectify any error and shall make at least one (1) such employee available to customers during regular office hours and such other times as the finance director deems necessary and appropriate. (b) Authority to adjust or waive charges. The adjustment will be made in those cases where the complaints are well founded and adjustments are appropriate. The city may waive or assess late fees and service charges when there is a reasonable basis to believe that the fees or service charges have been assessed or not assessed in error. The city may also waive late fees when it appears that the customer has made a reasonable effort to deliver payment in a timely manner or when that payment was late due to circumstances beyond the control of the customer. The city may also grant cone-time waiver of the delin_auent fee at the request of the customer after determining that the payment history is good and considering the circumstances causing the delinauencv. (c) The city may extend the due dates for customers that are on a fixed income for a time period not to exceed fifteen (15) days past the original due date. The extensions are for the purpose of helping customers on fixed income pay for services at anytime during the month without penalty. The extension however does not extend the time period for cut- off purposes. Consideration of such an extension will be given to those customers with a good payment history and who are. willing to sign a statement regarding the income limitations of those in the household. The customer must attest that the only household income received is that of social security or disability income or that the total income of the household is lower than an amount considered a poverty income level by the department of health and human services. The city will place the customer's deposit in a hold status for the duration of the special arrangement. (d) Terms of adjustment. When a customer is determined by the city to have been overcharged or undercharged as a result of incorrect meter reading, defective metering, incorrect application of rate schedule fees and charges, or a mistake in billing or in the billing and collection process, the amount so determined may be credited or back-billed to the customer. The adjustment shall be accomplished over a period not to exceed six (6) months, unless otherwise directed by the finance director or his authorized representative and so noted on the account. If meter malfunctions are caused by tampering or customer-inflicted damage, the back-billed period may be extended to the maximum period allowed by state statute. SECTION 7 Sec. 22-2. Return investment policy for Buccaneer plant. The additional rates charged by the Buccaneer systems to customers outside the city pursuant to section 22-27(2) for water and section 22-167(b) for sewer shall be considered a return on investment, and such return on investment shall be contributed to the general fund of the city unless a lesser amount of transfer is budgeted on an annual basis. SECTION 8. Severability If any section, sentence, clause, or phrase of this ordinance is held to be invalid or unconstitutional by any court of competent jurisdiction, then said holding shall in no way affect the validity of the remaining portions of this ordinance. SECTION 9. Effective Date This Ordinance shall take effect October 1, 2003 after its final passage and adoption Passed by the City Commission on first reading this ~ Day of September,2003 Passed by the City Commission on first reading this ZZ .Day of September,2003 ATTEST: Qu~v~ MAUREEN KING City Clerk A roved to Form and Correctness: ALAN SEN, ESQUIRE City Attorney