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4723 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; 2Page 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 3(Page_ 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 41 Page 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 5 (Page 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 6 1 P a g e 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 71 Page • 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. 111)Ll-e 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. 2` .