1992-11 Water Deferred Pymt PlanRESOLUTION NO. 92-11
A RESOLUTION ESTABLISHING A DEFERRED PAYMENT PLAN FOR
WASTEWATER CUSTOMERS; PROVIDING FOR AN EFFECTIVE DATE:
BE IT RESOLVED by the City Council of the City of Okeechobee,
• Florida, as follows:
Section One: The City of Okeechobee hereby establishes a Deferred
Payment Plan for wastewater customers to pay for wastewater
connection and system capacity fees only.
Section Two: The provisions of the Deferred Payment Plan for
wastewater customers are as follows:
1. Any customer wanting wastewater service may sign up for
the Deferred Payment Plan.
2. Wastewater customers can pay on the Deferred Payment Plan
up to 36 months.
3. The Deferred Payment Plan's monthly amount will be added
to the customer's monthly consolidated city utility bill.
4. If a consolidated City Utility Bill (which includes this
Deferred Payment Plan) is allowed to become delinquent 60
days after the due date; the customer will be in default
and will receive a full refund of all the monies paid
into the Plan. The customer will no longer be able to
participate in the Plan. The customer will be required
to pay all fees in full at the established rates in
effect; not what the fees were at the time of entering
into the Deferred Payment Plan.
5. 10 days prior to a customer defaulting on their Deferred
Payment Plan; the City will notify the customer by
regular U.S. Mail of the impending default. It is
customer's responsibility to keep the Public Utilities
Department informed of a current address. If customer
should fail to do so, so that he or she cannot be
contacted by the City by regular U.S. Mail, and there are
sums on deposit with City under this plan which are not
claimed by customer within 364 days of termination of
this agreement, or sale or transfer of the property; or
within 364 days of last payment, whichever first occurs,
then customer agrees that all sums paid hereunder shall
be forfeited to the City as agreed and reasonable
liquidated damages in consideration of the City's
assistance in permitting customer to enter into this
Deferred Payment Plan.
6. In the event customer should sell, assign, or otherwise
transfer their interest in the real property subject to
service under this agreement, all sums paid to date by
the customer shall, at the election of the customer, be
refunded to the customer, or applied to the remaining
balance due under this plan, and the payment plan assumed
by the new owner/assignee. If refunded, the new
owner/assignee will be subject to payment of the total
fees required at the time of transfer of ownership, and
not the total fees in effect at the time customer
originally entered into this agreement. This right of
refund to customer shall not apply if the property is
leased out, or if customer's property is foreclosed upon
by a mortgagee.
7. The City will not rebate or refund any difference in fees
because a customer did not sign up in time to avoid any
changes in the fees.
• 8. No wastewater service will be provided to any customer
until the connection and system capacity fees on the
Deferred Payment Plan are paid in full. All other fees
are not eligible for the Deferred Payment Plan and must
be paid in full prior to service being provided by the
City.
9. The City reserves the right to phase connecting
wastewater customers to the City's wastewater system.
10. The Deferred Payment Plan's terms and conditions in this
section will remain in effect as long as the customer
continues to fulfill their obligation in a timely
• manner to the City.
Section Three: The provision of the Deferred Payment Plan for
customers seeking wastewater capacity allocations pursuant to
Resolution 89-10 are as follows:
1. Any customer who fulfills the requirements of Resolution
89-10 may sign up for the Deferred Payment Plan upon
payment of 50% of the required connections and system
capacity fees and 100% of all other required fees.
2. Wastewater customers can pay on the Deferred Payment Plan
up to 36 months.
3. If a consolidated City Utility Bill (which includes this
Deferred Payment Plan) is allowed to become delinquent 60
days after the due date; the customer will be in default
and will receive a full refund of all the monies paid
into the Plan. The customer will no longer be able to
participate in the Plan. The customer will be required
to pay all fees in full at the established rates in
effect; not what the fees were at the time of entering
into the Deferred Payment Plan. Wastewater allocation
will also be recaptured by the City.
4. 10 days prior to a customer defaulting on their Deferred
Payment Plan; the City will notify the customer by
regular U.S. Mail of the impending default. It is
customer's responsibility to keep the Public Utilities
Department informed of a current address. If customer
should fail to do so, so that he or she cannot be
contacted by the City by regular U.S. Mail, and there are
sums on deposit with City under this plan which are not
claimed by customer within 364 days of termination of
this agreement, or sale or transfer of the property; or
within 364 days of last payment, whichever first occurs,
then customer agrees that all sums paid hereunder shall
be forfeited to the City as agreed and reasonable
liquidated damages in consideration of the City's
assistance in permitting customer to enter into this
Deferred Payment Plan.
5. In the event customer should sell, assign, or otherwise
transfer their interest in the real property subject to
service under this agreement, all sums paid to date by
the customer shall, at the election of the customer, be
refunded to the customer, or applied to the remaining
balance due under this plan, and the payment plan assumed
by the new owner/assignee. If refunded, the new
owner/assignee will be subject to payment of the total
fees required at the time of transfer of ownership, and
not the total fees in effect at the time customer
originally entered into this agreement. This right of
refund to customer shall not apply if the property is
leased out, or if customer's property is foreclosed upon
by a mortgagee.
6. The City will not rebate or refund any difference in fees
because a customer did not sign up in time to avoid any
changes in the fees.
7. No wastewater service will be provided to any customer
until the connection and system capacity fees on the
• Deferred Payment Plan are paid in full.
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8. The Deferred Payment Plan's terms and conditions in this
section will remain in effect as long as the customer
continues to fulfill their obligation in a timely manner
to the City.
Section Four: This Resolution will take effect upon its adoption
• this 21st day of July, 1992.
CITY OF OKEECHOBEE
el
J E. Kirk Mayor
ATTEST:
Bonnie S. Thomas, CMC, City Clerk
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