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ORDINANCE NO. 95-0-06
AN ORDINANCE AMENDING SECTION 19-1 (UTILITY DEPOSIT,
SERVICE CHARGE, AND TRANSFER FEE) OF ARTICLE I (IN
GENERAL) OF CHAPTER 19 (UTILITIES AND SERVICES) OF THE
CODE OF ORDINANCES OF THE CITY OF EDGEWATER, FLORIDA;
PROVIDING FOR CREDIT REFUNDS OF UTILITY DEPOSITS FOR
OWNER-OCCUPIED RESIDENTIAL PROPERTY UPON REQUEST AFTER
ESTABLISHMENT OF THIRTEEN SUCCESSIVE MONTHS OF GOOD
CREDIT; DEFINING GOOD CREDIT; ESTABLISHING THE
REQUIREMENT FOR AN ADDITIONAL DEPOSIT AND SERVICE CHARGE
PRIOR TO REINSTITUTION OF SERVICE IF SERVICE IS SHUT OFF
AFTER THE CREDIT REFUND IS APPLIED; PROVIDING FOR
CONFLICTING PROVISIONS, SEVERABILITY AND APPLICABILITY;
PROVIDING FOR CODIFICATION, AN EFFECTIVE DATE AND FOR
ADOPTION.
WHEREAS, the City Council of the City of Edgewater, Florida,
has made the following determinations:
1. It is appropriate to give a credit refund of utility
deposits for owner-occupied residential property upon request after
the owner has established thirteen successive months of good
credit.
2. Good credit shall be defined as no service shut off or
penalty for late payment during any successive thirteen month
period.
3. An additional deposit and service charge shall be required
if subsequent to application of the credit refund, service is shut
off and a request for reinstitution of service is made.
Such
deposit and service charge shall be in the amount applicable to new
customers at the time the request for reinstitution of service is
made.
NOW, THEREFORE, BE IT ENACTED by the People of the City of
Edgewater, Florida:
PART A. AMENDMENT OF SECTION 19-1 (UTILITY DEPOSIT, SERVICE
CHARGE, AND TRANSFER FEE) OF ARTICLE I (IN GENERAL) OF CHAPTER 19
(UTILITIES AND SERVICES) OF THE CODE OF ORDINANCES, CITY OF
EDGEWATER, FLORIDA.
Section 19-1 is hereby amended to read as follows:
Sec. 19-1. Utility deposit, service charge, and transfer fee.
121 The city shall require a utility deposit and a service
charge before water or sewer service (s) are initiated to any
equivalent living unit in the city.
The utility deposits and
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service charges required before the initiation of service are:
Utility deposits:
Residential service:
Water service only............$ 45.00
Sewer service only............ 45.00
Water and sewer service....... 90.00
Nonresidential service............. Two times
average monthly bill, but not
less than residential deposit
Service charge..................... 10.00
Such deposit shall be made by the property owner and the bill for
utility services shall be in the property owner's name at all times
and shall remain with the city without interest. For customers who
have paid a deposit and were receiving service prior to June 1,
1991, and which have been disconnected for nonpaYment of utility
bills, the city may request an additional or increased deposit
equal to the amount shown above as a prerequisite to the
reinsti tution of service.
For transferring a deposit from an
existing owner to new owner on the same account, a five-dollar
transfer fee shall be charged. These monies shall be invested and
the income derived therefrom be used in the operation of the water
and sewer system thereby helping to keep the rates for said service
to a minimum.
Except upon receipt of a request for a deposit
transfer or as set forth in subsection (b) below, the city shall
retain the deposit until a reauest for termination of services is
received. At such time the deposit amount shall be applied to the
final bill. Any amount remaining shall be returned to the property
owner. However, nNo refund checks on deposits shall be issued for
an amount less than one dollar ($1.00).
iQl Upon written request on a form provided bv the Finance
Department, the owner of owner-occupied residential ~ropertv may
reauest that a credit refund in the amount of the utility deposit
be qiven after establishment of thirteen (13) successive months of
good credit. Good credit shall be defined as no service shut off
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and no penalty for late ?avment durinq any successive thirteen (13)
month period. Such thirteen month period may include time prior to
July 1, 1995. Upon receipt of the written request by the Finance
Department, the credit refund shall be applied durinq the next
possible billing cycle. An additional deposit and service charge
in the amount set forth in subsection (a) above shall be reguired
if subsequent to application of the credit refund, service is shut
off and a request for reinstitution of service is made.
PART B.
CONFLICTING PROVISION.
All conflicting ordinances and resolutions, or parts thereof
in conflict with this ordinance, are hereby superseded by this
ordinance to the extent of such conflict.
PART C.
SEVERABILITY AND APPLICABILITY.
If any portion of this ordinance is for any reason held or
declared to be unconstitutional, inoperative, or void, such holding
shall not affect the remaining portions of this ordinance. If this
ordinance or any provisions thereof shall be held to be
inapplicable to any person, property, or circumstances, such
holding shall not affect its applicability to any other person,
property, or circumstance.
PART D.
CODIFICATION.
Provisions of this ordinance shall be incorporated in the Code
of Ordinances of the City of Edgewater, Florida, and the word
"ordinance" may be changed to "section", "article", or other
appropriate word, and the sections of this ordinance may be
renumbered or relettered to accomplish such intention; provided,
however, that Parts B through F shall not be codified.
PART E.
EFFECTIVE DATE.
This Ordinance shall take effect on July 1, 1995.
PART F.
ADOPTION.
After Motion by Councilman Mitchum and Second by Councilwoman
Martin, the vote on the first reading of this ordinance held on
June 5, 1995, was as follows:
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Mayor Jack H. Hayman, Sr. AYE
Councilman Danny K. Hatfield AYE
Vice Mayor Louise A. Martin AYE
Councilman Mike Hays AYE
Councilman David L. Mitchum AYE
After Motion by Councilman Hatfield and Second by Councilman
Hays, the vote on the second reading of this ordinance was as
follows:
Mayor Jack H. Hayman, Sr. AYE
Councilman Danny K. Hatfield AYE
Councilwoman Louise A. Martin AYE
Councilman Mike Hays AYE
Councilman David L. Mitchum AYE
PASSED AND DULY ADOPTED this 19th day of June, 1995.
CITY COUNCIL OF THE
CITY OF EDGENATER, FLORIDA
By:
ack H. t n, Sr.
Mayor
APPROVED FOR FORK
AND CORRECTNESS:
Krista A. Storey
City Attorney
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