Exh 7BAGENDA ITEM #7B
JANUARY 14, 2002
AGENDA ITEM:
CITY OF ATLANTIC BEACH
CITY COMMISSION STAFF REPORT
First reading of Ordinance 80-O1-64 amending chapter 22 of the
code of ordinances of the City of Atlantic Beach Florida.
SUBMTTTED BY: Nelson Van Liere, Finance Duector
DATE: December 3, 2001
BACKGROUND: As was reported at an earlier Commission lVleeting, the City
currently has no authority to make special arrangements for
customers regarding the payment of utility bills. Several other
utilities have policies on adjustments, waivers and extensions with
certain criteria for approval. In the past the only adjustments the
City could make were those that were made to correct an error on
the part of the City.
The changes recommended give the authority to the City to
approve adjustments, waivers or extensions under certain
circumstances. The changes also give the authority to make
special arrangements for the customers demonstrating that paying
their utility bills on time creates a hardship, as may be the case
with a customer on a fixed income.
Also included in this code revision is a change in the requirement
for the City to enter into an annual agreement with a social service
agency to administer the "Atlantic Beach Cares" program. Instead,
the Staff would prefer an on-EOing co~rtract with a provision
whereby either party can cancel the agreement upon athirty-day
written notice to the other.
BUDGET The cost to implement these changes should be insignificant to the
budget.
RECOMMENDATION: Approve ordinance 80-O1-64 amending Chapter 22 ofthe
City of Atlantic Beach Code of Ordinances.
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AGENDA ITEM #7B
JANUARY 14, 2002
ORDINANCE NO. 80-01-64
AN ORDINANCE OF THE CITY OF ATLANTIC BEACH, FLORIDA,
AMENDING CHAPTER 22 UTILITIES, ARTICLE I, IN GENERAL;
SECTION 22-3 VOLUNTARY COLLECTION PROGRAMfTRUST
FUND TO ASSIST NEEDY WITH UTILITY BILLS, CHANGING
REQUII2EMENTS ON THE CONTRACT FOR SERVICES;
AMENDING SECTION 22- 4, AUTHORITY TO ADNST CHARGES IN
APPROPRIATE CASES, ADDING .PROVISIONS TO EXTEND DUE
DATES AND WAIVE PENALTY CHARGES IN APPROPRIATE
CASES, UNDER CERTAIN CII2CUMSTANCES, AND PROVIDING AN
EFFECTIVE DATE
WHEREAS, the City currently has an existing utility paymenf assistance
program called "Atlantic Beach Cares" being administered by anot-for-profit agency by
an annual contract, and
WHEREAS,. the City finds it unnecessary to enter into a new contract annually
and would prefer to enter into an on-going contract with a provision for cancellation by
either party upon an advance 30-day written notification.
WHEREAS, the City recognizes that from time to time circumstances arise that
aze beyond the control of our customers causing them to be late in the payment of their
utility bills.
WHEREAS; it is not the intention of the City to create or add to circumstances
that create a hazdship for any of its utility customers.
WHEREAS; in the current code, no authorization exists allowing the city
manager to waive or extend deadlines except in those circumstances involving some
error on the part of the City.
.WHEREAS; in order to accommodate customers with special needs, the
granting of authority to the city manager to adjust due dates and charges under certain
circumstances is necessary.
WHEREAS; the requirements may include the customer signing a statement
attesting to income limitations that create a hardship and presenting other evidence
acceptable to the city manager as justification for special-consideration.
WHEREAS; the City will considef all requests for special consideration and
approve or deny them as deemed appropriate by the city manager.
NOW, THEREFORE, BE IT ENACTED BY THE CITY COMMISSION
ON BEHALF OF THE PEOPLE OF THE CTI'Y OF A TLANTIC BEACH,
FLORIDA, that;
AGENDA ITEM #7S
JANUARY 14, 2002
1. Section 22-3 of the Code of Ordinances of the City of Atlantic Beach,
Florida is hereby amended to read as follows:
Sec. 22-3. Voluntary Collection Prograzrt~uxd to assist needy with utility bills.
The director of finance shall ^°* ••~ ^ '~•^' a...a °^^'• ~°^^' ^°^~ *^ accept voluntary
donations to be used to assist the needy to pay city utility bills. The city manager and
mayer are is authorized e^^w~°~^'7eaz to contract with tie a social service agency ivhe
' to administer the city's "Atlantic Beach
Cazes" program of assistance. All guidelines for the program will be set forth in a
contract with the administering agency, such contract
. will include a
cancellation provision whereby either party maXterminate the contract upon a 30-day
advance written notice to the other.
2. Section 22-4 of the Code of Ordinances of the City of Atlantic Beach,
Florida is hereby amended to read as follows:
Sec. 22-4 Authority to adjust or waive charges in appropriate cases
(a) Right to Dispute. Every utility customer shall have the right to have any
disputed or believed erroneous billing reviewed by an employee of the finance
department who is empowered to adjust such billings for overchazging or
charging for services not rendered. The finance director shall designate such
employees to hear customer disputes and adjust bills to rectify any error and
shall make at least one (1) such employee available to customers during
regular office hours and such other times as the finance director deems
necessary and appropriate.
(~} Authority to adjust or waive chazees. The adjustment. will be made in those
cases where the complaints aze well founded and adjustments are appropriate
. The city may waive or assess late fees
and service chazges when there is a reasonable basis to believe that the fees or
service chazges have been assessed or not assessed in error. The city may also
waive late fees when it apgeazs that the customer has made a reasonable effort
to deliver payment in a timely manner or when that payment was Late due to
circumstances beyond the control ofthe customer. `I"-°~ ^ ^°^'°-~°- ~°
,~
the susterne~
AGENDA ITEM #7B
JANUARY 14, 2002
services at anytime during the month without ~enahy. The extension however
(e~~ Terms of adjustment.
metering, incorrect application of rate schedule fees and chaz¢es, or a mistake
in b~7ling or in the billing and collection process, the amount so determined
may be credited or back billed to the customer. The. adjustment shall be
accomplished over a period not to exceed six (6) months, unless otherwise.
directed by the finance director or his authorized representative and so noted
on the account. If meter malfunctions aze caused by tampering or customer-
inflicted damage, the back-billed period may be extended to the maximum
period allowed by state statute.
3. This ordinance shall take effect immediately upon its adoption.
Passed by the City Commission on first reading this day of December,
2001.
Passed by the City Commission on second and final reading this day of
January, 2002.
John S. Meserve
Mayor /Presiding Officer
Approved as to form and correctness: ATTEST:.
Alan C. Jensen, Esquire Maureen King, CMC
City Attorney City Clerk
in the household. The customer must attest that the only household income
received is that of social securit~or disability income or that the total income
of the household is lower than an amount considered a on verty income level