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ORDINANCE NO. 9774-24
AN ORDINANCE OF THE CITY OF CLEARWATER,
FLORIDA, AMENDING CODE OF ORDINANCES,
APPENDIX A – SCHEDULE OF FEES, RATES AND
CHARGES, ARTICLE XXIV PUBLIC WORKS – FEES,
RATES AND CHARGES; AMENDING SECTION (3)E
STORMWATER UTILITY RATES; AMENDING SECTION
32.244 TO ALLOW FOR BILLING A PROPERTY OWNER
FOR THE SERVICES OF STORMWATER MANAGEMENT
IRRESPECTIVE OF THE USE OF OTHER UTILITY
SERVICES AT THE PROPERTY; PROVIDING FOR
SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE
DATE.
WHEREAS, Appendix A, Article XXIV sets forth the schedule of fees, rates, and
charges to be paid by customers of the City's Stormwater Utility; and
WHEREAS, pursuant to RFQ 14-20, the City procured the services of Stantec
Consulting Services, Inc. ("Stantec") to conduct a Stormwater Revenue Sufficiency
Analysis, which was completed on July 8, 2024, and incorporated herein by reference; and
WHEREAS, based on the Stantec Report, the City's Public Works Department has
determined that current capital and operating cost projections will necessitate an annual
8.0% rate increase beginning October 3, 2024 through to September 30, 2029; and
WHEREAS, the rate increase adopted by this Ordinance is necessary to ensure
that the City has sufficient revenue to pay for the cost of operation, monitoring,
enforcement, administration and maintenance of stormwater drainage facilities; and
WHEREAS, the City has further determined that it is necessary to collect
stormwater fees for developed property directly from property owners when no other
monthly utility services are provided by the City because said properties are still users of
the stormwater system by virtue of the impervious surfaces located therein; and
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
OF CLEARWATER, FLORIDA THAT:
SECTION 1: Appendix A, Article XXIV Public Works--Fees, Rates, and
Charges, Section (3)(e) Stormwater Management Utility Rates, Clearwater Code of
Ordinances be amended by adding the underlined language and deleting the stricken
language as follows:
XXIV. PUBLIC WORKS—FEES, RATES AND CHARGES
(3) Rates:
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(e) Stormwater management utility rates. The stormwater management utility
rates shall be based upon the revenue requirements for the construction,
administration, management, engineering, operation and maintenance of the
stormwater management system, and the adopted capital improvement
program funding needs of the system. For the purpose of these rates, the terms
shall have the meanings set forth in section 32.242 or, if not defined in section
32.242, in sections 32.002 or 1.02.
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1. Basic rate. The rate per month for one equivalent residential unit or
ERU shall be established as specified below and shall be effective for
bills issued on or after the dates indicated:
10/1/2&25 10/1/2&26
Effective 10/3/22 24 10/1/-2325 10/1/-24 26 27 28
Per ERU $ 13.87 $ 14.11
14.98 $ 16.18 $ 17.47 $18.87 $20.38
SECTION 2: That Section 32.244, Article VI Stormwater Management, Fee-
Imposed; collection, Clearwater Code of Ordinances be amended by adding the
underlined language and deleting the stricken language as follows:
(1) There is hereby imposed a stormwater management utility fee against all developed
property in the city, as set forth in appendix A to this Code.
(2) A stormwater management utility fee is to be paid monthly by the owner, tenant or
occupant of each parcel which is subject to the fee. The stormwater drainage
management utility fee shall be billed and collected with the monthly utility bill for those
parcels of land utilizing any other of the city utilities. All such bills shall be rendered
monthly by the utility customer support division and shall become due and payable in
accordance with sections 32.064, and 32.066 through 32.068. Where the owner, tenant
or occupant of a parcel subject to the stormwater management utility fee is not utilizing
any other of the city utilities, the owner of the parcel shall be rendered bills or statements
for the fees of the system, which bills or statements shall be payable at the same time
and in the same manner and subject to the same penalties of a consumer of the other
utilities of the City as described in this Chapter.
SECTION 3: That Section 32.064, Responsibility for payment, Clearwater Code of
Ordinances be amended by adding the underlined language and deleting the stricken
language as follows:
(1) Owner. The furnishing of water, gas, wastewater, solid waste, stormwater
management or reclaimed water services brings a substantial and valuable benefit to the
land and premises. The owner of any premises serviced with such services shall be
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responsible for all utility charges due against the premises, except to the extent that such
charges may be incurred by a tenant of the premises who is the customer according to
the utility system account records. The payment of such charges may be a necessary
condition to the continuance or inception of utility services to the premises, and failure to
pay such charges when billed may constitute grounds to terminate services to those
premises. Unpaid charges for water, wastewater, reclaimed water, stormwater
management, or gas service, or any combination thereof, shall constitute a lien on all
premises served until paid, to the ex4eRt autheFizexcept as limited by F.S. § 159.171
and eXGept a limited by F.S. § 180.135.
(2) Tenant. A tenant of any premises serviced with water, gas, wastewater,
solid waste, stormwater management, or reclaimed water services who is the customer
according to the utility system account records shall be responsible for all utility charges
incurred at the premises. The indebtedness for unpaid utility charges incurred by a tenant
at one premises shall be personal to the tenant, and shall transfer and become cumulative
to that person at the next or any succeeding premises occupied by that person and served
by the utility system of the city. The amount due or length of time in arrears shall not be
affected by relocation of a tenant from one premises to another.
(3) Related indebtedness. Subject to the right of appeal to the city manager
pursuant to section 32.070, the city may refuse to approve an application for service, or
may discontinue service, in any case in which the applicant is:
(a) A relative or roommate of a customer or former customer whose account is
delinquent, and who resided with the customer or former customer at the time the
delinquent charges accrued in whole or in part, unless and until the delinquent charges
are paid; or
(b) A person who was a close business associate of a delinquent customer or
former customer at the time the delinquent charges accrued, or who is a related closely-
held corporation, unless and until the delinquent charges are paid. For the purposes of
this subsection, the term "close business associate" means a partner or joint venturer, or
a parent or subsidiary corporation. The term "related closely-held corporation" means a
corporation whose controlling shares of stock are owned by the same person or persons
who owned the controlling shares of stock of the delinquent corporation at the time the
delinquent charges accrued.
(4) In addition to the other remedies described herein, the City Manager may
direct the City Clerk's Office to record in the Official Records of Pinellas County a Notice
of Claim of Lien in a form acceptable to the City Attorney for any delinquent utility charges
where the length of time in arrears exceeds 180 days. The City Attorney may initiate
foreclosure based upon any perfected lien created by this Chapter with the approval of
the City Council.
However, this subsection shall not apply in any case in which an
indebtedness has been discharged through bankruptcy proceedings. In such a case, the
City may exercise all rights available to it under the Bankruptcy Code.
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SECTION 4: Should any of the clauses, sentences, paragraphs, sections, or parts
of this Ordinance be deemed invalid, unconstitutional, or unenforceable by a court of law
or administrative agency with jurisdiction over the matter, such action shall not be
construed to affect any other valid portion of this Ordinance.
SECTION 5: This Ordinance shall become effective upon approval of the City
Council.
PASSED ON FIRST READING August 15, 2024
PASSED ON SECOND AND FINAL October 3, 2024
READING AND ADOPTED
Signed by:
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Bruce Rector
Mayor
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Approved as to form: Attest:
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Jerrod Simpson Rosemarie Call
Senior Assistant City Attorney City Clerk