Fort Walton Beach Ordinance — 2210-Amending COO Section 10.50.09 Utility Deposits, Clarifying Requirements — reading text

READING DATE 1st nom 2nd ORDINANCE 2210 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF FORT WALTON BEACH, FLORIDA; AMENDING SECTION 10. 50. 09, UTILITY DEPOSITS, OF THE CODE OF ORDINANCES BY CLARIFYING DEPOSIT REQUIREMENTS, UPDATING LANGUAGE PERTAINING TO LENGTH OF TIME UTILITY DEPOSITS ARE HELD, AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the City of Fort Walton Beach provides utility services to residents and businesses and must ensure the timely payment of charges associated with such services; and WHEREAS, utility deposits serve as a reasonable and necessary mechanism to secure payment of final bills and reduce the financial risk to the City' s utility system; and WHEREAS, the City Council desires to clarify and update deposit requirements to better reflect current billing practices, account risk factors, and administrative efficiency; and WHEREAS, establishing deposit amounts and related requirements by resolution within the Comprehensive Fee Schedule allows the City to respond more efficiently to changing economic conditions without the need for repeated ordinance amendments; and WHEREAS, the City Council finds that the amendments to Section 10. 50.09 are in the best interests of the public health, safety, and welfare and are authorized pursuant to Section 166. 021, Florida Statutes and the City Charter. NOW, THEREFORE, be it ordained by the City Council of the City of Fort Walton Beach. Florida as follows: Section 1. AUTHORITY AND INTENT The authority for enactment of this ordinance is contained in Chapter 166.021, 163. 3202, and other provisions of the Florida Statutes and Section 2 of the City Charter. Section 2. AMENDMENT OF SECTION 10. 50. 09, UTILITY DEPOSITS, OF THE CODE OF ORDINANCES. Section 10. 50.09 of The Code of Ordinances of the City of Fort Walton Beach is hereby amended to read as follows with additions underlined and deletions stricken-thrbugh: Section 10. 50. 09, Utility Deposits. The City shall collect a deposit for the activation of all utility accounts to ensure payment of final bills. The minimum utility deposits amount shall be established by the City Council by resolution and outlined in the Comprehensive Fee Schedule. general fcc schedule. If any utility service of a resident should be discontinued due to nonpayment two 2) times within a twelve ( 12)- month period, or if the resident customer has an unpaid balance greater than sixty ( 60) days, the City may collect an additional deposit equal to  one ( 1) month' s average billing rounded up to the nearest $ 5. 00 will be required prior to resumption of service or beginning new service. Deposits collected will be refunded on all accounts that have remained current in will be applied to the utility bill(s). Deposits will be held until the account is terminated. The deposit will be applied to the final bill, and any remaining credit will be refunded to the customer. and garbage rates schedules. Section 3. SEVERABILITY. If any section, phrase, sentence, or portion of this Ordinance is, for any reason, held invalid or unconstitutional by any court of competent jurisdiction, such portion shall be deemed a separate, distinct, and independent provision, and such holding shall not affect the validity of the remaining portions thereof Section 4. EFFECTIVE DATE. This ordinance shall become effective upon its adoption b t - City Council and signature by the mayor. Adopted: _ { u_ Ni' Allegr- ayor Attest: Approved as t', leg. orm and sufficiency for the City : I Fo 1alton Beach, only. Ki . Barnes, City Clerk I Jeffrey L. F+ r- rty Attorney Additions are underlined; deletions are stricken. y w roti a %/ 046 f. Filar- VON