5314-92i
ORDINANCE NO. 5314-92
AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA,
RELATING TO UTILITIES; AMENDING SECTIONS 50.04 AND
50.05, CODE OF ORDINANCES, RELATING TO UTILITY DEPOSITS,
TO PROVIDE FOR THE PAYMENT OF INTEREST ON DEPOSITS AND
THE METHOD OF CALCULATING AND CREDITING INTEREST ON
UTILITY DEPOSITS; PROVIDING A METHOD FOR DETERMINING
DEPOSITS FOR RESIDENTIAL PREMISES WITH NO PRIOR
CONSUMPTION HISTORY; PROVIDING AN EFFECTIVE DATE.
BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF
CLEARWATER, FLORIDA:
Section 1. Sections 50.04 and 50.05, Code of Ordinances, as amended by
Ordinances 4951-90, 499390, 4994-90, 5015-90, 5058-90, and 5062-90, are further
amended to read:
Sec. 50.04. Application for service.
(d) Conditions precedent to final acceptance of application:
(1) No application for utility service shall be finally accepted from any
applicant who is delinquent on any utility charges, until such time as the
charges are paid. In cases where the premises is rental property, the tenant is
the customer, and the tenant has left owing unpaid utility charges, the account
will be finaled and the deposit, including any interest earned thereon, will be
applied to the unpaid charges. Owners and tenants who have incurred delinquent
utility charges shall be listed in an uncollected final bill listing to be
maintained by the utility customer support division. An application for utility
services shall not be accepted from airy person listed in the uncollected final
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bill listing until the unpaid charges are paid.
Sec. 50.05. Deposits, fees, charges and other rates.
(b) Deposits for service.
(1) Water.
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a. Domestic water service. Each meter service shall be secured by a
minimum deposit of thirty dollars ($30.00) or three times the minimum monthly
charge or three +4 times the average monthly bill for domestic water service,
whichever is greatest greater.
b. Lawn water service. Each lawn meter service shall be secured by a
minimum deposit of thirty dollars ($30.00) or three times the minimum monthly
charge or three times the average monthly bill for lawn water service, whichever
is greatest greater.
C. Temporary potable service. Temporary potable service shall be
secured by a deposit according to the following table:
Less than 1" meter $ 80.00
1" meter 160.00
1 1/2" meter 500.00
2" meter 900.00
3" meter 1,250.00
4" meter 2,500:00
d. Temporary nonpotable service. Temporary nonpotable water or "hydrant
meter" service shall be secured by a minimum deposit of five hundred dollars
($500.00) plus an amount sufficient to cover the cost'of water consumed and any
other charges incurred. Such service will be provided by a temporary meter on
a fire hydrant. Charges will be at the same rate as for a two-inch lawn meter.
The final bill shall be for a sum equal to the minimum charge, the cost of water
consumed, and a twenty-five dollar ($25.00) service charge.
e. Domestic water service, one week maximum. Domestic water service for
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not more than seven consecutive days, upon application by property owner or the
owner's agent, shall be secured by a deposit of sixty-five dollars ($65.00).
f. Domestic water service, three day maximum. Domestic water service
for not more than three consecutive days, upon application by property owner or
the owner's agent, shall be secured by a deposit of forty dollars ($40.00).
(2) Gas. Each meter service shall be secured by a minimum deposit of
twenty dollars ($20.00) or three 4-34 times the average monthly bill for gas
service, whichever is greater.
(3) Solid waste. Each customer shall be secured by a minimum en dollar
($10.90) deposit of three times the minimum monthly-charge or three (3)
far solid waste collection service, wh4eheT? .-ater.
(4) Wastewater collection. Each customer shall be secured by a minimum
ten dellap deposit of three times the minimum monthly charge or three
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4-3? times the average monthly bill for wastewater collection service, whichever
is greater.
(5) Deposits of cash equivalents to guarantee payment of bills.
Commercial deposits in excess of one thousand dollars ($1,000.00) may be made by
a surety bond written by an insurance company authorized to do business in the
State of Florida, or through furnishing a letter of credit from a bank, by making
an assignment to the city of a savings and loan investment certificate or
passbook, or a commercial bank savings or time deposit certificate, the form for
which shall be approved by the city attorney.
(6) Housing authorities. A housing authority created pursuant to
Chapter 421, Florida Statutes, may fulfill deposit requirements for the agency
or tenants of the agency by letter of agreement to be financially responsible for
the required depositor portion thereof.
(7) Determination of average monthly bill. For the purpose of
determining the amount of any deposit based upon the average monthly bill, the
?. average monthly bill shall be determined according to actual consumption at the
premises, regardless of changes in ownership or occupancy of the premises, during
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the preceding 12 twelve(12--} months of actual consumption. For new remises
without a prior service history, the deposit for each service shall initially be
the specific amount required above or three times the minimum monthly charge,
whichever is greater. At the end of the first six months of service an average
monthly bill for all services shall be dete_rmined_ according to consumption at the
premises -during- the first- six months of service and the deposit shall be
recalculated. If the recalculated de osit is less than 90 percent of the deposit
paid- by_ the customer,- the^difference _ between- the deposit maid and the
recalculated deposit shall be credited to the account:-provided, however, that
the total deposit retained by the city shall be not less than the sum of the
specific amounts required above or three times the minimum monthly charges,
whichever is greater, for each service. If the recalculated deposit is greater
than 110 percent of the deposit aid b the customer, the difference between the
deposit paid and the recalculated deposit shall be char_"d against the account._
(8) Recalculation of deposits.
a. The amount of a required deposit may be reviewed and adjusted based
upon actual consumption at the end of dur-ing the customer's initial six months
of service or most recent 12 months of service, upon request of the customer.
b. The city may increase the deposit requirement on any account to three
4 times the current monthly average bill at any time should that account be in
arrears, or if the customer has presented a subsequently dishonored check for
payment or has had more than two 4-2} past due reminders in any consecutive 12
twelve (1-2} month period.
(9) Refund of deposits. The deposit for a residential or community
service organization account with an individual meter shall be returned after two
continuous years of good account experience. For the purpose of this paragraph
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and for paragraph (10) below, "good account experience" means not'more than two
past-due reminders in any twelve-month period, no disconnection of service for
nonpayment, no dishonored checks, no evidence of meter tampering, and no evidence
of fraudulent use of the utilities system.
(10) deposit requirement exemption. Except for temporary service, an
applicant for service to a residential or community service organization account
with an individual meter shall be exempt from the deposit requirement if the
applicant presents written verification from a public utility that the applicant
has had good account experience during the most recent 12-month twely ^9f+t
period, or the last 12'-month twelve Ffle period of service by the public utility
if occurring within the preceding 24 twee feu-r- months. However, if the account
should at any time be in arrears, or if the customer should receive more than two
past-due reminders in any 12-month twelye mVIFttF period or present a subsequently
dishonored check, or in the event of meter_tamperino or fraudulent use of the
utilities system by the customer, the city may require a deposit in the amount
required for a new account.
11 Interest on deposits. Interest on deposits held b the city shall
accrue beginning as of October 1 1992. The interest rate shall be an index rate
established as of October I each Year, and the index rate shall remain in effect
through the next Se tember 30. The index rate shall be the three-"month average
of two-year Treasury security yields for the period from Jul 1-through September
30 immediate) preceding the fiscal year in which the index rate is applicable.
Interest accruing from October 1, 1992, ,throucgh September 30, 1993, ,shall be the
three-month avers e of two-year Treasury security yields for the period from Jul
1 through September 30, 1992. Thereafter, the index rate shall be annual)
recalculated and effective from October 1 throe h tile following September 30.
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Annual payment will occur as a credit posted to the customer's account commencing
with the first bill rendered on or after October 1 1993.-and-each October 1
thereafter. A customer who posts a deposit after October 1 1 92 will receive
interest calculated from the deposit-date and credited to the account on each
October 1 for as long-as the city retains the_deposit._ A customer who terminates
service or whose service is terminated will receive a pro-rated interest credit
to the termination date on the final bill. A customer who _qualifies. for a
de osit refund will receive a .-pro-rated interest credit to the refund date.
Notwithstanding the fore win an interest payment or deposit refund in an amount
less than one dollar 1.00 MU-be-paid in cash but shall not be mailed.
Section 2. This ordinance shall take effect immediately upon adoption,
subject to approval by the court of the settlement agreement, including this
ordinance, and the entry of final judgment in F. Wallace Pone, Jr. v. City of
Clearwater, Case No. 90-1062-Civ-T-99A (M.D. Fla.). Provided, however, that the
entitlement to interest pursuant to this ordinance shall not extend to any
utility system customer who elects to be excluded from participation in the
settlement of said case.
PASSED ON FIRST READING
PASSED ON SECOND AND FINAL
READING AND ADOPTED AS AMENDED
Attest:
Cynt to E. Gou eau, City Merk
November 5, 1992
December 3, 1992
Rita Garvey
Mayor-Commissioner
Approved as to form and correctness:
M. A. Gal rait , r., ity Attorney
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