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Lake Wales (Current through Ordinance 2023-17, Adopted 7-05-2023) |
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Code of Ordinances |
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Chapter 21. Utilities |
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Article VI. Charges And Fees For Utility Services |
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Division 1. Generally |
| § 21-151. Separate connections for each single-family residential unit. |
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Latest version.
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Each single-family residential unit whether occupying one (1) or more lots and whether it shall occupy any lot or parcel jointly with any other single-family residential unit shall be considered a separate unit for the payment of utility service charges and fees, and separate connections will be required for each of such units. |
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(Ord. No. 96-06, § 1, 5-21-96; Ord. No. 2001-06, § 1, 5-15-01) |
| § 21-152. No free service. |
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Latest version.
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(a) No utility service shall be furnished or rendered free of charge to any person, firm, corporation, institution or organization. (b) The city and each and every agency, department or instrumentality which uses such services shall pay therefor at the rates established by this article. (c) No person, firm, corporation, institution or organization shall be permitted to open a new utilities account if unpaid charges exist for any account previously held by such person, firm, corporation or institution. Where a new account has been opened without payment of charges existing for a previous account, current service shall be discontinued if such charges remain unpaid for more than thirty (30) days after notification by the city that such charges exist. |
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(Ord. No. 96-06, § 1, 5-21-96; Ord. No. 2001-06, § 1, 5-15-01) |
| § 21-153. Deposit required. |
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Latest version.
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(a) Deposits are required to cover two (2) months of charges for service at eight thousand (8,000) gallons for residential use, eight thousand (8,000) gallons per ERU for irrigation use, eight thousand (8,000) gallons per unit for Multi-Family use and four thousand (4,000) gallons per ERU for commercial use. (b) If any account becomes delinquent and remains delinquent as outlined in section 21-154(e) for the second time in a twelve-month period, an additional deposit shall be required to bring the total on deposit equal to twice the amount of the deposit normally required. (c) Interest on customer deposits shall be paid annually beginning with the first billing which follows January 1, 1997, and the first interest paid on customer deposits shall be calculated from January 1, 1996 through December 31, 1996. Interest shall be paid in the form of a credit applied to the customer's bill at the rate earned during the month when the interest credit is applied. Payment of interest on a new deposit shall be calculated on a pro-rated basis. (d) Upon receipt of a request for refund of deposit, the city shall refund a customer s deposit after three (3) years of continuous service without a delinquent payment or dishonored check. A refund of deposit shall occur only after the monies have been applied to any outstanding balances in closed accounts previously held by that same customer. If the customer's service is disconnected for delinquent payment or dishonored check after a deposit has been refunded, a new deposit shall be required before service is reconnected. Payment of interest on the deposit to be refunded shall be calculated on a pro-rated basis and added to the amount to be refunded. |
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(Ord. No. 96-06, § 1, 5-21-96; Ord. No. 2001-06, § 1, 5-15-01; Ord. No. 2006-35, § 1, 10-3-06; Ord. No. 2007-37, § 1, 9-18-07; Ord. No. 2011-28, § 1, 11-1-11) |
| § 21-154. Billing, payment and mandatory discontinuation of services. |
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Latest version.
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(a) Billing period. Charges for services rendered by the utility system shall be billed by the city on a monthly basis and shall be paid by the user within twenty (20) days of being billed for such services. The "billing date" shall mean the date on which the bills are delivered to the U.S. Post Office for mailing. The date identified on the bill as the date on which the payment is due shall be twenty (20) days after the "billing date." If payment is hand-delivered to the city by the user, the "date paid" shall mean the date of receipt by the city's cashier. It the payment is mailed to the city by the user, the "date paid" shall mean the date on which the envelope is postmarked. (b) New accounts. An administrative fee in the amount of fifteen dollars ($15.00) shall be charged for the creation of a new customer account record and connection of service to the new account. (c) Dishonored checks. Service shall be disconnected if a check tendered in payment of a utility bill is dishonored for any reason. The amount due on the account shall be paid in full by cash or money order prior to the reconnection of service. A fee in the amount of five (5) percent of the amount of the check or twenty dollars ($20.00), whichever is greater, shall be assessed for each dishonored check as authorized by F.S. § 166.351. In addition, a fifteen dollar ($15.00) reconnect fee shall be charged to the customer's account. If two (2) checks are returned in a six-month period, the city shall not accept a personal check from the customer for a twelve-month period beginning with the date on which the second check is dishonored. (d) Delinquent payment. If any monthly bill for utility services shall be and remain unpaid after twenty (20) days from the date of being billed for such services, the account shall be considered delinquent. A delinquent payment penalty of one and one-half (1.5) percent of the bill shall be imposed and be added to the bill, provided, however, that said penalty shall not result in a combined penalty for water and sewer charges which exceeds fifty dollars ($50.00). Exceptions to the imposition of a delinquent payment penalty are as follows: (1) Penalty exemption. Persons who are eligible to receive Medicare or Medicaid benefits may receive an exemption from the payment of penalties on late payments provided said persons submit proof of such eligibility. (2) State agencies. State agencies shall pay penalties on late payments as provided in F.S. § 215.422. The city manager or his/her designee shall have the authority to waive the delinquent payment when extenuating circumstances exist which prevent the payment of utility charges by the date due for customer who have made timely payment for the prior twenty-four-month period. (e) Non-payment fee and mandatory cut off. In additional to the penalty imposed by paragraph (d), if any monthly bill with an outstanding delinquent balance in excess of thirty dollars ($30.00) for utility services which has remained unpaid six (6) days after the second billing notice has been mailed and no payment agreement has been executed as provided in paragraph (f) a twenty-five dollar ($25.00) nonpayment fee shall be imposed and added to the bill. The utility services provided to the user shall be discontinued on the subsequent non-Friday business day and shall not be reconnected until all required deposits as provided in section 21-153(b), nonpayment fees, and past due charges have been paid. The city manager or their designee shall have the authority to waive the nonpayment fee when extenuating circumstances exist which prevent the payment of utility charges by the date due. (f) Payment agreements. (1) Extension agreement. The city in its sole discretion may permit a user to execute an agreement for extension of the due date when extenuating circumstances exist which prevent the payment of utility charges by the date due. Extension agreements are subject to the following conditions: a. No extension shall be granted for a period greater than two (2) weeks. b. If the payment is not made by the date agreed upon, service shall be discontinued until all charges due are paid in full. If an extension payment is not made by the date agreed upon, the customer shall be ineligible for another extension agreement for a six-month period. c. No more than three (3) extension agreements per a six-month period shall be authorized. d. No extension agreement shall be authorized after service has been discontinued for a delinquent payment or for a dishonored check. A customer requiring an extension agreement shall enter into said agreement prior to having service disconnected. e. All extension agreements are subject to the approval of the city manager or his designee. f. The city manager or his/her designee shall have the authority to waive extension requirements, one (1) time per customer account, when extenuating circumstances exist which prevent the payment of utility charges by the date due providing payment in full is scheduled to be completed within forty-five (45) days. (2) Installment agreement. The city in its sole discretion may permit a user to execute an agreement for installment payment of amounts due when extenuating circumstances exist which prevent the payment of the total amount due. Installment agreements are subject to the following conditions: a. Each installment payment shall be added to the bill for current charges and shall be paid by the user within twenty (20) days of being billed. b. An administrative fee of one and one-half (1½) percent shall be assessed against the charges paid by installment agreement. c. If an installment payment is not made, the payment agreement shall be terminated immediately and service shall be discontinued until all charges due on the account are paid in full. d. An installment agreement shall not be authorized for a monthly installment payment amount less than twenty-five dollars ($25.00) and shall not be authorized for a period greater than twelve (12) months. e. No more than one (1) installment agreement per twelve-month period shall be authorized. f. No installment agreement shall be authorized after service has been discontinued for a delinquent payment or for a dishonored check. A customer requiring an installment agreement shall enter into said agreement prior to having service disconnected. g. All installment agreements are subject to the approval of the city manager or his designee. h. The city manager or his/her designee shall have the authority to waive installment requirements, one (1) time per customer account, when extenuating circumstances exist which prevent the payment of utility charges by the date due provided payment in full is scheduled to be received within twenty-four (24) months. (g) Enforcement of collections. The city is authorized to pursue and shall pursue all legal means to collect monies due the system including, but not limited to, referral of delinquent accounts to collection agencies and filing a claim of lien, after review by the office of the city manager, against a property in the amount of the unpaid charges plus legal and administrative costs of the collection. |
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(Ord. No. 96-06, § 1, 5-21-96; Ord. No. 96-22, § 1, 11-19-96; Ord. No. 2001-06, § 1, 5-15-01; Ord. No. 01-12, § 1, 9-18-01; Ord. No. 03-09, § 1, 4-15-03; Ord. No. 2006-49, § 1, 12-5-06; Ord. No. 2009-01, § 1, 2-3-09; Ord. No. 2011-28, § 1, 11-1-11) |
| § 21-155. Establishment and revision of rates and charges. |
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Latest version.
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(a) The city shall establish a schedule of rates and charges to produce revenues from the utility system sufficient to pay the cost of maintaining, repairing and operating the utility system and leave a balance of such revenues so as to pay, when due, the principal and interest on the utility system revenue bonds of the city and accumulate and maintain prescribed revenues therefor and for renewals, replacements and betterments. (b) The schedule of rates and charges established by this article shall be automatically adjusted annually beginning on October 1, 2008 to reflect an increase based on June's annual CPI or two and one-half (2.5) percent, whichever is greater, without further need for commission action. (c) The schedule of rates and charges and the percent of automatic annual CPI increase shall be reviewed periodically and revised from time to time as may be necessary to produce revenues from the utility system sufficient to pay the cost of maintaining, repairing and operating the utility system and leave a balance of such revenues so as to pay, when due, the principal and interest on the utility system revenue bonds of the city and accumulate and maintain prescribed revenues therefor and for renewals, replacements and betterments. (d) No rates, fees, rentals or other charges shall be reduced so as to render them insufficient to provide revenues in each year sufficient to pay the requirements for maintenance, repair and operating expenses and principal, interest and all reserve account payments or to comply with the rate covenants of utility system revenue bonds. |
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(Ord. No. 96-06, § 1, 5-21-96; Ord. No. 2001-06, § 1, 5-15-01; Ord. No. 01-12, § 1, 9-18-01; Ord. No. 2007-37, § 1, 9-18-07) |
| § 21-156. Reserved. |
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Latest version.
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| § 21-157. Public service tax not revenue of utility system; inclusion of other municipal charges on utility bill. |
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Latest version.
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(a) The proceeds of any public service tax imposed and collected on bills for any utility service shall not be classified or included as revenues of the utility system but shall be classified and included as revenues of the general fund of the city. (b) Bills rendered by the city for solid waste disposal or other unrelated municipal services to the same premises may be included as a separate item or items on the utility bill, but the amounts thus collected shall not be classified or included as revenues of the utility system. (c) Charges assessed against a property for any municipal purpose may be included as a separate item or items on the utility bill, but the amounts thus collected shall not be classified or included as revenues of the utility system. |
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(Ord. No. 96-06, § 1, 5-21-96; Ord. No. 2001-06, § 1, 5-15-01) |