Submitted By: William E. Sexton, City Attorney
Presentation By: William E. Sexton
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Department: City Attorney
STAFF RECOMMENDATION (Motion Ready):
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Introduce Ordinance 2024-13 revising Section 70-685(a) of the Code of Ordinances concerning the procedure for the maintenance and refund of residential utility service deposits
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OCALA’S RELEVANT STRATEGIC GOALS:
Operational Excellence
PROOF OF PUBLICATION:
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BACKGROUND:
In accordance with Section 70-683, Code of Ordinances, City of Ocala, Florida, and prior to the initiation of utility services, the City of Ocala, Florida requires all customers to provide a deposit.
Currently, Section 70-685(a), Code of Ordinances, City of Ocala, Florida, provides for the procedure to be utilized when refunding the aforementioned utility service deposits for residential accounts.
Following a review by City of Ocala staff of the procedures associated with the maintenance and refund of said residential utility service deposits, it has been determined that these procedures warranted an update and revision to improve the efficiency and efficacy of said procedures.
Staff has determined that the procedure for the maintenance and refund of utility service deposits could be improved if residential utility customers who (1) have been provided utility service for a period of at least 24 months; and (2) who have demonstrated not less than 12 months of satisfactory payment history should be eligible for a refund of their utility service deposit.
While staff intends to undertake a review of all accounts initially eligible for a refund following the proposed amendment of Section 70-685(a) proposed herein, future refunds in accordance with the amended Section 70-685(a) will only be made on a periodic basis, as initiated by City of Ocala staff, and/or following a specific request made by a City of Ocala utility service customer.
In addition to providing a benefit to customers who satisfy the requirement to have their utility service deposit waived, the amendment proposed herein will alleviate the need to account for and audit the significant number of utility service deposits currently maintained by the City of Ocala.
FINDINGS AND CONCLUSIONS:
The City Council of the City of Ocala, Florida finds, determines and concludes that the amendment of Section 70-685(a), Code of Ordinances, City of Ocala, Florida; revising the procedure for the maintenance and refund of utility service deposits:
• Makes significant operational improvements to the internal processes of the City of Ocala, Florida by increasing efficiency and efficacy of the same;
• Is intended to and does protect and promote the health, safety, and welfare of the citizens of the City of Ocala, Florida; and
• Is in the best interest of the City of Ocala, Florida, and its citizens.
FISCAL IMPACT:
None.
PROCUREMENT REVIEW:
N/A
LEGAL REVIEW:
Ordinance 2024 - XX was prepared and drafted by the City Attorney’s Office and has been reviewed and approved as to form and legality by William E. Sexton, City Attorney.
ALTERNATIVE:
• Approve with changes
• Deny
• Table
ORDINANCE 2024-13
AN ORDINANCE OF THE CITY OF OCALA, FLORIDA AMENDING AND REVISING SECTION 70-685(A), CODE OF ORDINANCES, CITY OF OCALA, FLORIDA, TO REVISE THE PROCEDURE FOR THE MAINTENANCE AND REFUND OF RESIDENTIAL UTILITY SERVICE DEPOSITS; PROVIDING DIRECTION TO STAFF; PROVIDING DIRECTION TO THE CODIFIER; REPEALING INCONSISTENT AND/OR CONFLICTING PROVISONS; PROVIDING FOR SEVERABILITY OF ORDINANCE PROVISIONS; PROVIDING FOR MODIFICATIONS ARISING FROM CONSIDERATION AT A PUBLIC HEARING; AND PROVIDING AN EFFECTIVE DATE.
WHEREAS, the City of Ocala, Florida operates municipal utility services including electric, fiber, water and wastewater utility services; and
WHEREAS, the City of Ocala, Florida, in order to ensure the payment by customers for the utility services provided by the City, requires that customers of said utility services provide a deposit prior to the initiation of their utility services; and
WHEREAS, the City of Ocala, Florida previously established regulations concerning the refund of said utility service deposits for residential customers which were codified at Section 70-685(A), Code of Ordinances, City of Ocala, Florida; and
WHEREAS, staff for the City of Ocala, Florida has determined that the maintenance and refund of said utility service deposits could be improved by amending Section 70-685(A), Code of Ordinances, City of Ocala, Florida, so as to provide revised conditions under which residential utility service deposits may be refunded; and
WHEREAS, staff for the City of Ocala, Florida has determined that Section 70-685(A), Code of Ordinances, City of Ocala, Florida, should be amended so as to provide residential utility service deposits may be refunded at the sole and exclusive discretion of the City and only when residential utility service customers have (1) been customers of the City of Ocala, Florida utility for a period not less than twenty-four (24) months; and (2) demonstrated a satisfactory payment record; and
WHEREAS, the City Council of the City of Ocala, Florida has reviewed the findings and recommendations by staff and finds and determines that the maintenance and refund of said utility service deposits could be improved by amending Section 70-685(A), Code of Ordinances, City of Ocala, Florida, so as to provide revised conditions under which residential utility service deposits may be refunded; and
WHEREAS, the City Council of the City of Ocala, Florida further finds and determines that Section 70-685(A), Code of Ordinances, City of Ocala, Florida, should be amended so as to provide residential utility service deposits may be refunded at the sole and exclusive discretion of the City and only when residential utility service customers have (1) been customers of the City of Ocala, Florida utility for a period not less than twenty-four (24) months; and (2) demonstrated a satisfactory payment record; and
WHEREAS, the City Council of the City of Ocala, Florida now desires to amend Section70-685(A), Code of Ordinances, City of Ocala, Florida, so as to provide for the aforementioned improvements to the maintenance and refund of residential utility service deposits; and
WHEREAS, the City Council of the City of Ocala, Florida finds and determines that this ordinance and the amendment to Section 70-685(A), Code of Ordinances, City of Ocala, Florida, contained herein, is intended to and does protect the health, safety and welfare of the citizens of Ocala, Florida; and
WHEREAS, the City Council of the City of Ocala, Florida finds and determines that this ordinance and the amendment to Section 70-685(A), Code of Ordinances, City of Ocala, Florida, contained herein is in the best interest of the City of Ocala, Florida and its citizens; and
NOW THEREFORE, be it ordained, by the City Council of the City of Ocala, Florida, in regular session, as follows:
Section 1. Ratification, Adoption and Incorporation of Recitals.
The City Council of the City of Ocala, Florida ratifies the above-outlined recitals as true and correct; adopts and incorporates them herein as part and parcel of this ordinance.
Section 2. Purpose and Authority for Ordinance.
This ordinance is adopted for the purpose of amending and revising Section 70-685(A), Code of Ordinances, City of Ocala, Florida, so as to revise the procedure for the maintenance and refund of residential utility service deposits and is adopted pursuant to the authority granted by Chapter 166, Florida Statutes; and other relevant provisions of Florida and federal law.
Section 3. Amendment of Section 70-685(A), Code of Ordinances, City of Ocala, Florida.
Section70-685(A), Code of Ordinances, City of Ocala, Florida, is hereby amended by replacement in its entirety with the following:
i. The City of Ocala, Florida, may, from time-to-time and at its sole and exclusive discretion, refund residential utility service deposits, provided that the customer which provided said deposit has met the following criteria:
a. The customer which provided the utility service deposit has been a customer of the City of Ocala, Florida utility for a period not less than twenty-four (24) consecutive months prior to the refund; and
b. The customer which provided the utility service deposit has demonstrated a satisfactory payment record - which is specifically defined herein and for this purpose as (1) a payment history consisting of fewer than two penalties; (2) no returned checks; and (3) no delinquencies - foe a period not less than twelve (12) consecutive months prior to the refund.
ii. The City of Ocala, Florida may, following a specific request received from a customer, but at its sole and exclusive discretion, refund a residential utility service deposit, provided that the customer which provided said deposit has satisfied the criteria outlined in Section 70-685(A)(i), above and herein.
Section 4. Direction to Staff.
The City Council of the City of Ocala, Florida directs staff to take any and all steps necessary to effectuate the adoption and implementation of this ordinance; and all other matters as provided for above and herein as well as to ensure the orderly and effective administration and implementation of the intent of this ordinance and the specific matters outlined herein.
Section 5. Direction to the Codifier.
It is the intention of the City Council of the City of Ocala, Florida that (1) this ordinance shall become and be made a part of the Code of Ordinances, City of Ocala, Florida, (2) the sections and paragraphs of this ordinance may be renumbered or relettered in order to accomplish said intention; (3) terms or headings not affecting the intent of this ordinance may be changed to further accomplish said intention; and (4) any scrivener’s error(s) contained herein which do not affect the intent of this ordinance be corrected with the authorization of the City Manager or their designee and without the need for additional public hearings or consideration by the City Council.
Section 6. Repealing Inconsistent and/or Conflicting Provisions.
The City Council of the City of Ocala, Florida hereby specifically repeals, to the extent of any such conflict, any and all ordinances, resolutions, policies, procedures and/or other articles which are conflicting and/or inconsistent with this ordinance and the intent and direction provided by the City Council herein.
Section 7. Severability of Ordinance Provisions.
If any section, phrase, sentence or portion of this ordinance is for any reason held invalid or unconstitutional by any court of competent jurisdiction, it is the intent of the City Council of the City of Ocala, Florida that (1) such portion shall be deemed a separate, distinct and independent provision; (2) such holding shall not affect the validity of the remaining portions hereof; and (3) this ordinance be adopted as though any such provision was not included herein.
Section 8. Modifications Arising from Consideration at a Public Hearing.
It is the intention of the City Council of the City of Ocala, Florida that (1) the provisions of this ordinance may be modified as a result of its consideration by the City Council of matters that may arise during the public hearing(s) at which this ordinance is considered; and (2) any such modifications shall be incorporated into the final version of this ordinance.
Section 9. Effective Date of Ordinance.
This ordinance shall become effective immediately upon approval by the Mayor or becoming law without such approval.
PASSED AND ADOPTED, in a regular session with a quorum present and voting, by the City Council of the City of Ocala, Florida this ____ day of January 2024.
ATTEST: CITY OF OCALA
By: By:
Angel B. Jacobs Barry Mansfield
City Clerk President, Ocala City Council
Approved/Denied by me as Mayor of the City of Ocala, Florida, on __________________, 2023.
By: __________________________________
Ben Marciano
Mayor
Approved as to form and legality:
By: _________________________________
William E. Sexton
City Attorney
Ordinance No: 2024-13
Introduced: Click or tap to enter a date.
Adopted: Click or tap to enter a date.
Legal Ad No: Click or tap here to enter text.