HomeMy WebLinkAbout4723 Wastewater Back Up - Grant ProgramOrdinance No. 2023-4723
An Ordinance of the City of Sanford, Florida relating to the
creation of the City's Wastewater Back -Up Grant Program and
providing for legislative policies relating to the Program;
providing for administrative policies and procedures;
providing for the taking of implementing administrative
actions such as the adoption of administrative rules; providing
for a savings provision; providing for codification and
scrivener's errors; providing for severability; providing for
conflicts and an effective date.
Whereas, the City of Sanford owns and operates an extensive
wastewater system serving a large number of customers over a wide and
expansive geographical area; and
Whereas, the City's wastewater system is very old as to some areas
and components due to the fact that Sanford has been incorporated since 1877
and has evolved through many technologies as it addressed wastewater and
stormwater issues over time; and
Whereas, at one time the City's wastewater system and stormwater
system were unitary and the impacts and effects of that condition are still felt
today; and
Whereas, the City is subject to the vagaries of Florida's climate and
propensity to be confronted with the impacts of hurricanes; and
Whereas, being a riverine City, the City is subject to the intermittent
flooding of the St. Johns River and its tributaries that impact the City during times
of flooding; and
Whereas, from time -to -time, notwithstanding the best efforts of the
City, sewage backups may occur on properties being served with City
wastewater services such conditions occurring due to a wide array of variables
and acts of nature; and
Whereas, the City Commission of the City of Sanford desires to
provide its citizens and customers with high quality services at all times; and
Whereas, the City Commission of the City of Sanford desires to
provide its citizens and customers with appropriate remedies and potential relief
when wastewater back-ups occur on their properties; and
Whereas, the City Commission of the City of Sanford has the power
and authority to create and establish the policies and Program set forth herein
under the controlling provisions of State law such as, by way of example only, the
provisions of Article VIII, Section 2 of the Constitution of the State of Florida and
the provisions of Chapter 166, Florida Statutes, and the controlling case law of
the State of Florida; and
Whereas, the City of Sanford has complied with all requirements and
procedures of Florida law in processing and advertising this Ordinance; and
Whereas, the City Commission of the City of Sanford desires to affirm
the means and methods of the City has managed its utility systems and risk
management processes and procedures relating to wastewater system back-ups;
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Whereas, the City Commission of the City of Sanford hereby adopts
these recitals (whereas clauses) as the legislative findings and intent of and for
this Ordinance.
Now, Therefore, be it Enacted By the People of the City Of Sanford,
Florida:
Section 1. Creation Of Wastewater Back -Up Grant Program;
Legislative Policies. A new section of the Code of Ordinances of the City of
Sanford, Florida is created to read as follows:
(a). The City Commission of the City of Sanford hereby creates and
established the City's Wastewater Back -Up Grant Program to be subject to the
policies and procedures set forth in this Ordinance.
(b). The City Commission of the City of Sanford hereby adopts the
following policies:
(1). The City Commission, at its sole discretion, may budget from
fiscal year -to -fiscal year, a specific amount in each fiscal year to
fund the Wastewater Back -Up Grant Program created in this
Ordinance.
(2). Once a budgeted amount of funds for the Wastewater Back -
Up Grant Program has been depleted for a fiscal year, no more
monies will be paid by the City toward claims submitted under the
Wastewater Back -Up Grant Program that occurred in that same
fiscal year, regardless of when the claim is made.
(3). Claims that arose from events which occurred in one fiscal
year shall not be paid from future fiscal year funding of the
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Wastewater Back -Up Grant Program, except for eligible
occurrences that occur in July, August and September in one fiscal
may be honored if a Wastewater Back -Up Grant submission is
made to the City by December 31st of the immediate following
fiscal year.
Section 2. Wastewater Back -Up Grant Program Administrative
Policies And Procedures. A new section of the Code of Ordinances of the City
of Sanford, Florida is created to read as follows:
(a). An applicant who has experienced a City wastewater system back-
up on their property as a direct result of a power interruption to a City lift -station
or vacuum system caused by a confirmed act of nature may file an application for
a grant under the City's Wastewater Back -Up Grant Program seeking relief from
proven damages that directly resulted from the covered occurrence subject to the
conditions set forth in this Ordinance.
(b). The applicant must have filed a claim with both the City and their
own property insurance carrier, assuming the applicant has property insurance,
asserting coverage under the City's liability insurance program and the insurance
coverage under the insurance carried by the applicant to pay for damages
caused to their property resulting from the wastewater system back-up event.
(c). For the applicant to be eligible for a grant under this Ordinance, (1)
the City's insurance carrier must have denied the claim in writing; and (2) the
applicant's insurance company must have denied the claim in writing, if the
applicant has property insurance, and the applicant must provide the City with a
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copy of the written denial issued by the insurance companies, or as an
alternative to the applicant providing in writing that their insurance carrier denied
the claim, the applicant may provide a copy of their applicable property
insurance declaration page indicating the damages are less than their applicable
property insurance deductible.
(d). If an applicant does not maintain property insurance, the applicant
must execute an affidavit stating that the applicant owns the structure located on
the property location of the wastewater back-up event, but does not have
property insurance coverage which covers that location and the event which
occurred.
(e). Each applicant must issue a statement under oath or affirmation
that the applicant does not have any other available means of financial relief
such as, by way of example and not limitation, grants, reimbursements,
donations, insurance and that the City's Wastewater Back -Up Grant Program is
the only financial relief available to the applicant.
(f). The maximum grant paid under the City's Wastewater Back -Up
Grant Program shall be $1,000.00, and, then, only with the applicant providing
the City with reliable documentation of the true and actual costs incurred as a
direct result of the covered event and wastewater back-up occurrence.
(g). As a condition of each grant award under the City's Wastewater
Back -Up Grant Program, the applicant shall execute a release, in a form
approved by the City Attorney and the City's Director of Human Resources/Risk
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Management, that will release the City from all liability of any type or nature in
return for payment of the grant to the applicant.
Section 3. Implementing Administrative Actions. A new section of
the Code of Ordinances of the City of Sanford, Florida is created to read as
follows:
The City Manager, or designee, is hereby authorized to take all necessary
actions relative to implementing the provisions of this Ordinance such actions to
include, but not be limited to, the promulgation and adoption of administrative
procedures and rules.
Section 4. Conflicts.
All ordinances or part of ordinances in conflict with this Ordinance are
hereby repealed.
Section 5. Severability.
If any section, sentence, phrase, word, or portion of this Ordinance is
determined to be invalid, unlawful or unconstitutional, said determination shall not
be held to invalidate or impair the validity, force or effect of any other section,
sentence, phrase, word, or portion of this Ordinance not otherwise determined to
be invalid, unlawful, or unconstitutional.
Section 6. Savings; Effect Of Ordinance.
The prior actions of the City of Sanford in terms of the matters relating to
any and all actions and activities of the City pertaining to the administration,
regulation and operation of the City's wastewater utility system, or of an
associated nature, as well as all claims and risk management activities relating
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thereto, are hereby ratified and affirmed.
Section 7. Codification; Scrivener's Errors.
(a). Sections 1, 2 and 3 of this Ordinance shall be codified and all other
sections shall not be codified.
(b). The sections, divisions and provisions of this Ordinance may be
renumbered or re -lettered as deemed appropriate by the Code codifier.
(c). Typographical errors and other matters of a similar nature that do
not affect the intent of this Ordinance, as determined by the City Clerk and City
Attorney, may be corrected with the endorsement of the City Manager, or
designee, without the need for a public hearing.
Attest:
Section 8. Effective Date.
This Ordinance shall become effective immediately upon enactment.
Passed and adopted this 27th day of February, 2023.
City Commission of the City of
Sanford, Florida] A
Traci Houchin, City Clerk, CMC, FCRM H, Art W odi
a
Approved as to form and legal sufficiency. ,
ity Attorney
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• CITY OF
SkNFORD WS _ RM x
eloFLORIDA Item No.'
CITY COMMISSION MEMORANDUM 23.031
FEBRUARY 27 2023 AGENDA
TO: Honorable Mayor and Members of the City Commission
PREPARED BY: Fred Fosson, Human Resources/Risk an me irector
SUBMITTED BY: Norton N. Bonaparte, Jr., ICM a er
SUBJECT: Wastewater Back -Up Grant Program; Ordi nce No. 2023-4723
STRATEGIC PRIORITIES:
❑ Unify Downtown & the Waterfront
❑ Promote the City's Distinct Culture
❑ Update Regulatory Framework
❑ Redevelop and Revitalize Disadvantaged Communities
SYNOPSIS:
Adoption of Ordinance No. 2023-4723, creating the City's Wastewater Back -Up Grant Program
is requested.
FISCAL/STAFFING STATEMENT:
The fiscal impact of the City's Wastewater Back -Up Grant Program will be funded by the City
Commission, at its sole discretion, from fiscal year -to -fiscal year, with a specific limited amount
budgeted in each fiscal year.
BACKGROUND:
Ordinance No. 2023-4723, has been developed at the direction of the City Commission and creates
and establishes a City Wastewater Back -Up Grant Program.
The Wastewater Back -Up Grant Program, as noted above, may be funded from year-to-year by
the City Commission in its sole discretion. Once a budgeted amount of funds for the Program has
been depleted for a fiscal year, no more claims submitted under the Program that occurred in that
same fiscal year will be paid by the City, regardless of when the claim is made. Claims that arose
from events which occurred in one fiscal year will not be paid from future fiscal year funding of
the Program.
The process for adjudicating claims will commence with an applicant submitting a claim which
demonstrates that the applicant has experienced a City wastewater system back-up on their
property as a direct result of a power interruption to a City lift -station or vacuum system caused
by a confirmed act of nature. The costs incurred by the applicant must be evidenced with
appropriate documentation.
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As a condition of the City paying the claim, the applicant must have filed a claim with both the
City and their own property insurance carrier, assuming the applicant has property insurance,
asserting coverage under the City's liability insurance program and the insurance coverage under
the insurance carried by the applicant to pay for damages caused to their property resulting from
the wastewater system back-up event. The City's insurance carrier must have denied the claim in
writing and the applicant's insurance company must have denied the claim in writing, if the
applicant has property insurance, in order for payment of the claim to be warranted. Written
evidence of those denials must be submitted. As an alternative to the applicant providing in writing
that their insurance carrier denied the claim, the applicant may provide a copy of their applicable
property insurance declaration page indicating the damages are less than their applicable property
insurance deductible.
If an applicant does not maintain property insurance, the applicant must execute an affidavit stating
that the applicant owns the structure located on the property location of the wastewater back-up
event, but does not have property insurance coverage which covers that location and the event
which occurred. Also, each applicant must issue a statement under oath or affirmation that the
applicant does not have any other available means of financial relief such as, by way of example
and not limitation, grants, reimbursements, donations, insurance and that the Wastewater Back -Up
Grant Program is the only financial relief available to the applicant.
The maximum grant paid under the Wastewater Back -Up Grant Program will be $1,000 with the
applicant providing the City with reliable documentation of the true and actual costs incurred as a
direct result of the covered event and wastewater back-up occurrence.
As a condition of each grant award under the Wastewater Back -Up Grant Program, the applicant
must execute a release that will release the City from all liability of any type or nature in return for
payment of the grant to the applicant.
LEGAL REVIEW:
The Assistant City Attorney has assisted with this matter and has no legal objections.
The City Commission approved Ordinance No. 4723, on the first reading, with additional
conditions.
The City Clerk posted notice of the 2nd Public Hearing in the Sanford Herald on February 19, 2023.
RECOMMENDATION:
City staff recommends that the City Commission adopt Ordinance No. 2023-4723.
SUGGESTED MOTION:
"I move to adopt Ordinance No. 2023-4723."
Attachment: Ordinance No. 2023-4723.
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