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.
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(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
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(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.
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(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