67-91 ORDINANCE NO. 67-91
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF
DELRAY BEACH, FLORIDA, AMENDING ORDINANCE 59-90, BY
AMENDING SECTION 52.39, "OTHER FEES", AND SECTION
52.52, "RESUMING SERVICE AFTER DISCONTINUANCE FOR
DELINQUENCY", TO BE CODIFIED IN THE CODE OF
ORDINANCES OF THE CITY OF DELRAY BEACH, FLORIDA, TO
PROVIDE THAT A PENALTY SHALL BE ASSESSED IF PAYMENT
IS DELINQUENT AND/OR WHEN SERVICES ARE DISCONTINUED
BY THE CITY AS A RESULT OF SUCH DELINQUENCY;
PROVIDING FOR A DECREASED PENALTY AMOUNT; PROVIDING
A GENERAL REPEALER CLAUSE; PROVIDING A SAVING
CLAUSE; PROVIDING AN EFFECTIVE DATE.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE
CITY OF DELRAY BEACH, FLORIDA, TO READ AS FOLLOWS:
Section 1. That Section 9 of Ordinance No. 59-90, Section
52.39, "Other Fees", to be codified in the Code of Ordinances of the
City of Delray Beach, Florida, be and the same is hereby amended by
adding a new subsection (D) to read as follows:
(D} Late Payment.
In the event water use charges become delinquent and/or
water services are discontinued by the Clty~ said
services shall not be restored until all delinquent
charges plus a five dollar (}5.00) penalty for late
payment and shut off and reconnection charges are paid in
full.
Section 2. That Section 10 of Ordinance 59-90, Section 52.52,
"Resuming Service After Discontinuance for Delinquency", to be codified
in the Code of Ordinances of the City of Delray Beach, Florida, is
hereby amended by amending subsection (A) to read as follows:
(A) In the event the water use charges against it become
delinquent and /or said services are discontinued by the
City as herein provided, said services shall not be
restored until all delinquent charges plus a-ten-dokiar
%$i8~86~ five dollar (~5.00} penalty for late payment and
shutof and reconnection charges are paid in full. An
additional guarantee-of-payment deposit shall be required
so that the actual deposit held by the City shall be
equal to twice the amount of the current guarantee-of-
payment schedule as set forth in Section 52.33. However,
the City shall not refuse to accept an application for
water service or to open a separate water service account
because of an outstanding delinquent bill on the subject
property which was not incurred by the applicant.
Section 3. That all ordinances or parts of ordinances in
conflict herewith be and the same are hereby repealed.
Section 4. That should any section or provision of this
ordinance or any portion thereof, any paragraph, sentence, or word be
declared by a court of competent jurisdiction to be invalid, such
decision shall not affect the validity of the remainder hereof as a
whole or part thereof other than the part declared to be invalid.
Section 5. That this ordinance, after its passage on second
and final reading, shall become effective October 1, 1991.
PASSED AND ~OPTED in regular session on second and final
reading on this the 3rd day of Dece~er , 1991.
ATTEST:
Ci~ Clerk
First Reading Nove~er 19, 1991
Second Reading Dece~er 3, 1991
2
ORD. NO. 67-91
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advertisement; and affiant further says that ~NEFKCT~. ~
he has neither paid nor promised any . ~M:~~:,, ,,,.,~,.:' c~
person, firm or corporation any discount, AN~P'~KE~T~C'Tyc~
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FLORI~, BY' ~1~ C~p.
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My(Seal, Commission Notary ex b~ PROVIdiNG AN EF~ECT,YE DATE.
MEMORANDUM
TO: MAYOR AND CITY COMMISSIONERS
FROM: CITY MANAGER
SUBJECT: AGENDA ITEM ~ ~O~ - MEETING OF DECEMBER 3, 1991
ORDINANCE NO. 67-91
DATE: November 27, 1991
This is a second reading of an ordinance amending the Code of
Ordinances to provide for a decreased penalty charge (from $10.00 to
$5.00) for late payment of fees for utility services.
In the event water use charges become delinquent and/or water
services are discontinued by the City, said service shall not be
restored until all delinquent charges, plus the penalty for late
payment, and shut off and reconnection charges are paid in full.
Recommend approval of Ordinance No. 67-91 on second and final
reading.
MEMORANDUM
TO: City Commis~~
FROM: Joseph Saffo~~tor of Finance
DATE 9-6-91
SUBJECT: REVISION OF ORDINANCE ~59-90
Utility Bill-Late Payment Penalty Revision
Attached is a draft revising the language of Ordinance
59-90 to clarify the time when a late payment penalty is
imposed on delinquent utility bills and to reduce the
amount to $5.00 from $10.00.
I recommend that the amount be changed due to the
volume of customer complaints and the fact that a $5.00
penalty is comparable to other municipalities and other
utility companies.
[lTV OF DELRFIV BEII[H ..
100 N.W. 1st AVENUE DELRAY BEACH, FLORIDA 33444 -~07/243-7000
MEMORANDUM
TO: David Harden, City Manager _.~
FROM: Jan Williams, Utility Billing Manager~/~ "
THRU: Joseph Safford, Director of Finan~
DATE: September 12, 1991
SUBJECT: AGENDA ITEM # 12H - MEETING OF SEPTEMBER 10, 1991
ORDINANCE NO. 67-91 AMENDING THE LATE PAYMENT PENALTY
LANGUAGE AND AMOUNT
During the implementation of the rate structure reccommended by
Ernst & Young, other fees and rates were also reviewed for
possible revision. At that time, it was decided that a late
payment penalty be imposed on delinquent utility accounts. The
fee was set at $10.00.
The entire water and sewer chapter of the code of ordinances was
revised, however, the language in the body of the ordinance
relating to the late payment penalty (Section 10), did not make
it clear when a late payment penalty was to be imposed. The
original intent was clearly to assess a late payment penalty on
all delinquent accounts, and not just those where service was
discontinued. In fact, we have been assessing our utility
accounts for this late payment penalty.
In July, staff recommended that the late payment penalty be
reduced from $10.00 to $5.00 due to the increased influx of
telephone calls and complaints regarding the high fee. The City
of Boca Raton imposes a $10.00 late fee, but they bill bimonthly
so the monthly rate would be $5.00.
Attached is previous correspondence regarding this item, along
with the old ordinance and the amended item.
Please let me know if you would like further information on this
matter.
THE EFFORT ALWAYS MATTERS
MEMORANDUM
TO: MAYOR AND CITY COMMISSIONERS
FROM: CITY MANAGER ~/~
SUBJECT: AGENDA ITEM ~ /~ ~ - MEETING OF NOVEMBER 19, 1991
ORDINANCE NO. 67-91
DATE: November 15, 1991
This is a first reading of an ordinance amending the Code of
Ordinances to provide for a decreased penalty charge (from $10.00 to
$5.00) for late payment of fees for utility services.
In the event water use charges become delinquent and/or water
services are discontinued by the City, said service shall not be
restored until all delinquent charges, plus the penalty for late
payment, and shut off and reconnection charges are paid in full.
Recommend approval of Ordinance No. 67-91 on first reading.
MEMORANDUM
TO: City Commiss~
FROM: Joseph Saffo~btor of Finance
DATE 9-6-91
SUBJECT: REVISION OF ORDINANCE $59-90
Utility Bill-Late Payment Penalty Revision
Attached is a draft revising the language of Ordinance
59-90 to clarify the time when a late payment penalty is
imposed on delinquent utility bills and to reduce the
amount to $5.00 from $10.00.
I recommend that the amount be changed due to the
volume of customer complaints and the fact that a $5.00
penalty is comparable to other municipalities and other
utility companies.
£1TV DF I]ELRI ¥ BERgH
100 N.W. 1st AVENUE DELRAY BEACH, FLORIDA 33444 407/243-7000
MEMORANDUM
TO:David Harden, City Manager _~
FROM: Jan Williams, Utility Billing Man
THRU: Joseph Safford, Director of Finan~
DATE' September 12, 1991
SUBJECT: AGENDA ITEM # 12H - MEETING OF SEPTEMBER 10, 1991
ORDINANCE NO. 67-91 AMENDING THE LATE PAYMENT PENALTY
LANGUAGE AND AMOUNT
During the implementation of the rate structure reccommended by
Ernst & Young, other fees and rates were also reviewed for
possible revision. At that time, it was decided that a late
payment penalty be imposed on delinquent utility accounts. The
fee was set at $10.00.
The entire water and sewer chapter of the code of ordinances was
revised, however, 'the language in the body of the ordinance
relating to the late payment penalty (Section 10), did not make
it clear when a late payment penalty was to be imposed. The
original intent was clearly to assess a late payment penalty on
all delinquent accounts, and not just those where service was
discontinued. In fact, we have been assessing our utility
accounts for this late payment penalty.
In July, staff recommended that the late payment penalty be
reduced from $10.00 to $5.00 due to the increased influx of
telephone calls and complaints regarding the high fee. The City
of Boca Raton imposes a $10.00 late fee, but they bill bimonthly
so the monthly rate would be $5.00.
Attached is previous correspondence regarding this item, along
with the old ordinance and the amended item.
Please let me know if you would like further information on this
matter.
THE EFFORT ALWAYS MATTERS
MEMORANDUM
TO: MAYOR AND CITY COMMISSIONERS
FROM: ~CITY MANAGER
SUBJECT: AGENDA ITEM ~ I~ ~ - MEETING OF SEPTEMBER 10, 1991
ORDINANCE NO. 67-91
DATE: September 6, 1991
This is a first reading of an ordinance amending the Code of
Ordinances to provide for a decreased penalty charge for late payment
of fees for utility services.
This ordinance reduces the penalty charge from $10 to $5. In the
event water use charges become delinquent and/or water services are
discontinued by the City, said services shall not be restored until
all delinquent charges plus the penalty for late payment and shut off
and reconnection charges are paid in full.
Recommend approval of Ordinance No. 67-91 on first reading.