Water Rate Increase Effective Date Discrepancy

We received this letter from a very concerned citizen who lives in Polk County but receives utility services from Polk City. 

Subject: For Concerned Citizens - Water rate effective dates

To Concerned Citizens of Polk City,   After the 50% rate increase in the Polk City water & sewer rates, I took a look at Resolution 2010-01 dated June 8, 2010, to see when that rate increase took effect.  After reviewing the wording of that resolution and also Resolution 2009-07 dated October 13, 2009, it is evident  that Polk City charged the higher rates sooner than they should have.   For example, my meter was read on May 26, 2010.  Then the City Council passed Resolution 2010-01 on June 8 to raise the rates 50%.  Resolution 2010-01 had an effective date of July 9.  On July 10 they made out the bills and billed all the water consumed from May 26 – June 24 at the higher rate.  On the next billing period they charged the higher rate for water consumed from June 25 – July 8.  This was all water consumed before the resolution’s effective date of July 9.  Even water that was used for 2 weeks prior to the June 8 meeting date was charged at the higher rate.  I obtained signed copies of both Resolutions 2009-07 and 2010-01 from the city clerk and did some calculations.  I then sent a letter to the utility department asking for a $50 credit to my account.    Trudy Block called me soon afterward and tried to explain to me that their intent at the June 8 meeting was to have the rate increase take effect for the billing date of July 9, but this is not what the resolutions say.  I have brought this up to several friends and neighbors and they all agree that we should not have been billed the higher rate until usage of the water & sewer after the July 9 effective date.  Trudy Block sees it differently.  She told me that I shouldn’t feel singled out; they did it the same for everyone and I replied “that is exactly my point.”  I think Polk City should credit all the water and water/sewer customers for those time periods.  Via phone calls Trudy implied that there would be a legal opinion forthcoming from Tom Cloud.  So far they have used the usual stall and diversion tactics.  One email reply from her stated that “The resolution or ordinance is the legal document for the City”.  Another email reply addressed the State Statute for proper notice, but gave no further comment about a legal opinion regarding the effective dates of the resolutions.  I have given her eight weeks to resolve this and now have decided to turn over the letter I wrote to you.  I realize that this is nothing of the magnitude of your awesome research regarding gallons pumped and billed by Polk City, but if you decide that it can help your cause, feel free to use it.  I have already shared my letter with a neighbor who in turn sent it to the Polk County Manager & County Attorney on October 26.    I have followed your blog from the beginning and commend the Concerned Citizens for the fine job you have been doing.  I have stayed in the background because I do not live in the city, but rather am merely subjected to Polk City’s out of control methods of managing our water & sewer system that was previously run just fine by the County.   We have never become involved in matters such as these before.  Our plan was to retire, move to Florida, and enjoy our retirement.  We take no pleasure in keeping an eye on a city to which we don’t even belong, but this has gone on long enough.  Most people seem to acknowledge the bad things the city council is doing, but there seems to be no way to stop it.  We applaud you for your efforts with the petitions, but it seems like no matter what anyone tries, the city just deflects it.  It doesn’t appear that there is any entity in the State that oversees the cities of Florida.    If you can find a way to use my letter for your cause, feel free to do so, and keep up the good work.   Sincerely, Linda Bittel       ************* Here is a copy of Linda Bittel's letter to Polk City Utilities:  Letter to Polk City  Polk County Resolution 07-137         Polk City Resolution 2009-07 To prove her point, Linda Bittel attached a copy of Resolution 2010-01 which Polk City council passed on the 8th day of June, 2010.  Polk City Resolution 2010-01 which clearly states in Section 3 - Effective Date  "This resolution shall become effective on July 9th, 2010 which is 31 days from the adoption of this resolution as required by Florida Statute."   ADOPTED by the City Council of the City of Polk City, Florida, this 8th day of June, 2010, and signed by Joseph LaCascia, Mayor.      Directly above is the Polk City Announcements enclosure that accompanied the July, 2010 utility bill. It clearly states:  Utility Customers:    Effective on the July invoice due 07/25/10 for your utility service for June, the water and sewer rates have been increased by 50%.  The due date of the bill makes it appear that it is well passed the July 9th effective date for the rate increase.  However, on my bill for that month, dated 07/10/10, the billing period is 06/01/10 to 06/30/10, with the previous reading done on 05/26/10.  The meter reading was done on 6/29/10, well before the July 9th effective date for the 50% rate increase, and this same bill reflects the 50% rate increase.  That is unlawful!    The city is not entitled to apply this 50% increase on the water and sewer usage until the effective date of July 9th, 2010, going forward.  We should all be entitled to a refund for the water and sewer usage during the few days in May, the whole month of June, and the first 8 days of July, 2010.  As the Resolution 2010-01 clearly states in Section 3 - Effective Date:  "This resolution shall become effective on July 9th, 2010 which is 31 days from the adoption of this resolution as required by Florida Statute.  Obviously, the Florida Statute requires a 31 day notice before the effective date of the rate increase.  This was not done by Polk City Utilities.  They applied the increase to usage even before the Resolution was signed on June 8, 2010, therefore negating the 31-Day notice required by Florida Statute.  Even if you don't have you bills, you should request a copy from Polk City Utilities and request the refund you are entitled to.