TO: Honorable Mayor & Members of the North Port Commission
FROM: A. Jerome Fletcher II, ICMA-CM, MPA, City Manager
TITLE: An Ordinance of the City of North Port, Florida, Amending the Code of the City of North Port, Florida, Appendix A - City Fee Structure, to Change Certain Building, Fire Rescue, Police, Parks and Recreation, Facility Rental, Solid Waste, Utilities, and Road And Drainage Fees; Providing for Findings; Providing for Conflicts; Providing for Severability; Providing for Codification; and Providing an Effective Date.
Recommended Action
First Reading:
Continue Ordinance No. 2023-21 to second reading on September 12, 2023.
Second Reading:
Adopt Ordinance No. 2023-21 as presented.
Background Information
The following provides a chronological order of events pertinent to Ordinance No. 2023-21:
Ø July 25, 2023: During the City Commission Regular Meeting, the Commission reviewed and considered the first reading of Ordinance No. 2023-21, amending the Code of the City of North Port, Florida, Appendix A, City Fee Structure. At the conclusion of their review, a motion was made to continue Ordinance No. 2023-21 to second reading on September 12, 2023, to include the following change to the utility unauthorized connection fee from $1,000 to $10,000 pending review and input from staff and City Attorney.
Information for Second Reading:
In accordance with the Commission’s direction provided at the City Commission Regular Meeting on July 25, 2023, the Department of Utilities submitted a legal request to research the maximum unauthorized illegal connection fee that could be charged for theft of utilities. Legal analysis was performed and the following three potential options were identified:
Ø Option No. 1: Perform an analysis of the current city’s rate taking into consideration all required resources for abatement of the illegal connection. After analysis, the fee would have to be enacted via Ordinance for the change in the miscellaneous fee structure.
Ø Option No. 2: Seek criminal prosecution for theft of utility service, which would require consultation with North Port Police Department for required documentation for a prosecution.
Ø Option No. 3: Issue fines and penalties through the City’s current code enforcement system. This would require a code amendment enacted via Ordinance.
Staff has performed a cursory review of all three options. However, it is necessary that staff can defend the fee and provide justification that the fee is fair and reasonable for its purpose and not a fine or penalty. As such, staff would need to perform a comprehensive analysis of the three options. Accordingly, staff recommends deleting the following verbiage from Ordinance No. 2023-21, Section 2.07, APPENDIX A - CITY FEE STRUCTURE, J. UTILITIES FEES (page 19):
Unauthorized connection fee $300.00 $1,000.00 penalty + recovery of actual costs and revenue determined by utility staff
This would allow staff time to perform a comprehensive analysis of the three options and bring back a proposed Unauthorized Connection Fee change at a later date. Accordingly, should the City Commission approve the deletion of the proposed change to the Unauthorized Connection Fee, the existing Unauthorized Connection Fee in the amount of $300.00 will remain in effect.
Ordinance No. 2023-21 has been reviewed by the City Attorney and is legally correct as to form.
Strategic Plan
Good Governance
Financial Impact
City revenues will be impacted by the final changes to the City-Wide Fee Schedule which is adopted by the Commission.
Procurement
Not applicable.
Attachments:
1. Ordinance - First Reading
2. Ordinance - Second Reading
3. Ordinance No. 2023-21 City Fee Structure
Prepared by: Tiffany Fowler, Accountant III
Department Director: Kimberly Williams, Finance Director