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Exh 7CAGENDA ITEM #7C SEPTEMBER 22, 2003 I ORDINANCE NO. 80-03-67 AN` ORDINANCE OF, THE CITY OF ATLANTIC BEACH, FLORIDA AMENDING CHAPTER 22 `ARTICLE 11 WATERWORKS SYSTEM SECTION 22-27(1)(a.) AND SECTION 22-27(1)(b), , CHARGES . FOR WATER 'SERVICES TO INGREASE 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 1'O INCREASE .THE BASE CHARGE FOR SEWER SERVICE, SECTION 22-7 G7 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 - DISCONl'1NUATION 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 tN WAIVING . DELINQUENT CHARGES; TO AMEND SECTION 22-2 RETURN: INVESTMENT POLICY FOR t3UCCANEER PLANT TO ALLOW FOR A LESSER TRANSFER TO THE- GENERAL FUND;: TO PROVIDE FOR SEVERABILITY;;TO PROVIDE FOR AN EFFECTIVE DATE. BE IT ORDAINED 13Y THE CITY COMMISSION OF THE CITY OF ATLANTIC BEAGH, FLORIDA: _ J SECTION 1. Article I! Waterworks System, .Section 22-27 .Charges #or water service, is amended as €oolows: - Sec. 22-27. Charges for water service The reasonable rates, rentals, fees and other. charges for'thee. use of the services and facilities of the. city waterworks system are hereby found and determined to be and are hefeby fixed and- established as follows: . ('I) Customers withim city: a. Single units. The .minimum bill for a single unit shall be ~~~° ~'^0°"° ^^^~ °~^~*~~ ^~^{ {$~89} six dollars and thirty-five ,cents ($6.35) per month for. up to three thousand (3,OOD) gallons of water. .,~ ,~,'- ___ AGENDA ITEM #7C SEPTEMBER 22, 2003 During each. monthly billing".period, each monthly bill shall also' include an additional charge of erne-ara#I,ars-~r+~i~y-eigni-c-eats-(~,-~7 .,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. . ,_ - -nvno~~nf+hroo+hni~ennr7/Qnnn\nnllnnarl~irmr.+hnnro4air4~~~w,nn+4~ -~ b. Multiple units. Formultiple units served through. the same meter; the rates and minimum charges shall. be in accordance with the following. Cale. All' multiple units wilt be bulled at ` .seventy-fine. (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 f$4.77) for two thousand. two .hundred fifty`(2,250} gallons per unit... All excess gallonage shah be charged of the same rate per one thousand (1,000) gallons as provided for single units above. , (2) Customers outside the city:. The rates applicable #o 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. 22-1:66. ?~ cap;i~hm~ t-v^{r-ate fflMonthty bBase oCharge. f~ Base charges with be levied monthly as follows: (a) Monthly base charge. A monthly base charge of e!e:c^ dc!!:rc ^^~' ~~^~+ee„ e.,+~. {~~-7~} 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: - Single-famil .residential and single-family individual-metered mobile homes $-1-a-~ 12.25 .per account Multifamil .resides#iat ~ 0..75 x $~-1-a-~ 12.25 perunit Master-metered mobile homes 0.75X$-1~ 12.25 per unit Travel trailers 0.60 X 12.25 per site Hotel/motel 0.50 X $1~--1-~ 12.25 per unit With kitchen 0:60 x $~-1-~-$ 12:25 per unit Master-metered commercial $~~ 12.25 per unit Restaurants, iauodries, and car wash connections 1~ 12.25 x ERU factor All other commercial-customers - ~1-'la-~ 12.25 x ERU factor where the ERU factorfor the commercial classification is based upon metersize as follows: (b) The. rates applicable to customers outside of the city shall be one and one quarter (4.25) 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 shah be levied upon each connection except in the. Buccaneer Water: and Sewer`Distriet in accordance with fihe following: Usa a Classification ERU Factor Sin le-famil residential and sin le-family individual-metered mobile: homes $1.00 per account Multifamily residential 0:75 per 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 per unit Master-metered commercial, more than one unit on one meter 1.OO per unit Commercial 1.84 X ERU :Factor: Restaurants, laundries, and car wash connections 1.84 X ERU Factor as provided in (a) above. SECTIQN 3, Amend Article III Division Seven Sewer User. Rates and Charges, Section 22-157 Schedule of wastewater volume-charges, as follows: Sec: 22-16i. Schedule of`wastewater volume.charges. (a) There is hereby established a uniform: volume charge per one thousand (4,000) gallans of water as follows: (1) Single-family residential` and single-family individual-metered mobile homes, thcee dollars and +~,,,+~, ~°.,e., ,.°.,+^ rQ~ ~~~ sixty-nine cents f$3.69) per one fhousand (1,000) gallons of actual residential: water consumption in excess, of three thousand (3,000).. gallons per month up to a maximum of 13;000 gallons per month. (2) `Restaurants, laundries. and all other classifications,. three dollars and {"~~*~~-°°~~°^ ^~^+ {$~-~} 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. (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 Ill Division Seven Sewer User ..Rates and Charges, Section 22-174 ©elinquent bills, as foNows: 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 date, 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 togetherwith 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 AGENDA ITEM #7C SEPTEMBER 22, 2003 the penalties thereon are paid and: the -lien-satisfied. SEGTION' 5 Article 11 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 ceiieve the consumer of any obligation under this. chapter.: The bills for serviceshall 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€i:eer-~- d~r, 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 ad}ustment 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 paymen# in a timely manner or when thaf payment was lafe due to circumstances beyond the control of the :customer. .Thee city may also grant aone-time waiver of the ..delinquent fee at the request of the-:customer after determining that the payment history is good and considering the circumstances causinca the'delinQUency (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 ___ __ -, ~~ ~- T .. -- __ .. _ _. ' 'AGENDA ITEM #7C SEPTEMBER 22, 2003 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 wilC 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; ur3less 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 investmenf 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,2Q03 Passed by the City Commission on first reading this Day of September,2003 _. _ __