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, Section 78-24(u), Pertaining to Discontinuance and Abandonment of Water, Wastewater and Reclaimed Water Service; Providing for Findings; Providing for Conflicts; Providing for Severability; Providing for Codification; and Providing an Effective Date.
Recommended Action
First Reading:
City Commission continue Ordinance No. 2023-05 to second reading on March 14, 2023.
Recommended Action for Second Reading:
Adopt Ordinance No. 2023-05 as presented.
Background Information
The following provides a chronological order of events:
Ø November 8, 2022: During the City Commission Regular Meeting under General Business, agenda Item no. 22-3689, Water and Wastewater Base Facility Charges was discussed. Many questions were raised regarding the discontinuation of service and the costs involved for those customers impacted by Hurricane Ian. Staff reviewed options and prepared a Request for Legal Opinion to seek guidance on Bond Covenant questions and other legal concerns.
Ø December 8, 2022: During the City Commission Special Meeting under Discussion and Possible Direction, agenda item no. 22-3799, Water and Wastewater Base Facility Charges and Water Meter Abandonment Relative to Customers Impacted by Hurricane Ian, the following three motions were unanimously approved:
1. To allow the property owner to delay payment of the base facility charges for a maximum of five years in times of emergency.
2. To direct staff to revise the title of Section 78-24(u) to be Abandonment of Service versus Discontinuance of Service.
3. To direct staff to add the Line Extension Fee specifically to the Abandonment of Service for consistency in the Code to Section 78-24(u).
Ø In accordance with the Commission’s directive, staff has drafted the pertinent revisions to Section 78-24(u) incorporating the requested changes.
Information for Second Reading
During the City Commission Regular Meeting held on February 28, 2023, the Commission continued Ordinance No. 2023-05 to second reading on March 30, 2023, with the following consensus items:
Ø There was consensus to format the Code for clarity to section 78-24(u).
Ø There was consensus to include the meter removal fee as part of the deferred charges.
Ordinance No. 2023-05 has been reviewed by the City Attorney and is legally correct as to form.
Strategic Plan
Good Governance
Financial Impact
There may be a temporary negative financial impact if many customers take advantage of the new options in the Code. However, eventually the system should be made whole once service is restored at the property.
Procurement
Not applicable.
Attachments:
1. Ordinance - Second Reading
2. Ordinance - First Reading
Prepared by: Michelle Tipp, Utilities Business Manager
Department Director: Nancy Gallinaro, Utilities Director