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Exh 7CAGENDA ITEM #7C DECE~II3ER 10, 2001 CITY OF ATLANTIC BEACIi CITY CO1viMISSION STAFF REPORT AGENDA ITEM: First reading of Ordinance 80-01-64 amending chapter 22 of the code of ordinances of the City of Atlantic Beach Florida. SUBh1ITTED BY: Nelson Van Liere, Finance Director DATE: December 3, 2001 BACKGROUND: As was reported at an earlier Commission Meeting, the City Y= currently has no authority to make special arrangements for customers regazding the payment of utility bills. Several other utilities have policies on adjustments, waivers and extensions with certain criteria for approval. 1n 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- oing contrsct with a provision whereby either party can cancel the agreement upon athirty-day ~ f written notice to the other. BUDGET The cost to implement these changes should be insignificant to the budget. RECObiMENDATION: Approve ordinance 80-O1-64 amending Chapter 22 of the City ofAtlzntic Beach Code of Ordinances. -~ AGENDA ITE:11 #7C DECEJIBER 10, 2001 ORDL~ANCE NO. 80-01-63 AN ORDLYANCE OF TEIE CITY OF ATLANTIC BEACEI, FLORIDA, ADIENDLYG CIIAPTER 22 UTILITIES, ARTICLE I, LY GENERAL, SECTION 22-3 VOLUNTARY COLLECTION PROGRAhI/I'RUST FUND TO ASSIST NEEDY WITII UTILITY BILLS, CEIANGING REQUIREh1ENTS ON THE CONTRACT FOR SERVICES; AhEENDLYG SECTION 22- 4, AUTHORITY TO ADJUST CEIARCES Ih APPROPRIATE CASES, ADDING PROVISIONS TO EXTEND DUE DATES AND WAIVE PENALTY CHARGES LY APPROPRIATE CASES, UNDER CERTALY CIRCUAISTANCES, AND PROVIDLYG AN EFFECTIVE DATE 1= WHEREAS, the City currently has an existing utility payment assistance program called "Atlantic Beach Cares" being administered by snot-for-profit agency by an annual contmct, and WHEREAS, the City finds it unnecessary to enter into a new contract annually and would prefer to enter into anon-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 are 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 hardship 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 consider all requests for special consideration and approve or deny them as deemed appropriate by the city manager. NOW, THEREFORE, BE IT E1V'ACTED BY TIIE CITY COhEhIISSION ON BEHALF OF THE PEOPLE OF THE CITY OF A TLANTIC BEACH, FLORIDA, that; AGENDA ITE11 R7C DECEMBER 10, 2001 1. Section 22-3 of the Code of Onlinances of the City of Atlantic Beach, Florida is hereby amended to read as follows: Sec. 22-3. Voluntary Collection ProgramFTfust-Fund to assist needy with utility bills. The director of finance shall set-upt~-trust-fund-eeeh-fiseal-year-te accept voluntary donations to be used to assist the needy to pay city utility bills. The city manager end mayer ere is authorized eeeh~'r~eal-year to contract with the ~ social service agency ~vho edmittistePiohber-Ee-kFeighbor-Pregram to administer the cit}rs "Atlantic Beach ayes" program of assistance. All guidelines for the program will be set forth in a contract with the administering agency, such contract te-be-rene~w~ual~osi~ The-eeeztraet-w+l]-be-appreved~nnual{y-by-the-eity-eemrnhsien. will include a ,~ cancellation provision whereby either party may terminate 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 eaoneous billing reviewed by an employee of the finance department who is empowered to adjust such b~7lings for overcharging 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. (b) Authority to adjust or waive charges. The adjustment will be trade in those cases where the complaints are well founded and adjustments are appropriate +n-the-ieterest~e€justieetu;d-fairness. The city tray waive or assess late fees and service charges when there is a reasonable basis to believe that the fees or service charges have been assessed or not assessed in error. The citysnav also eelleetion-pree terminrdtr~y-breredited-er~aek-billed-te thE-OHStAfriCF ~~~~°a'~y •~~ :ity-Ee-havekeen~verehar u1t AGENDA ITE1i #7C DECEMBER 10, 2001 (e1~ Terms of adjustment. When a customer is determined b~he city to have been in billing or in the bi]ling and collection process, the amount so determined r may be credited or back billed to the customer. The adjustment shall be accomplished ovec a period not to exceed six (~ months, unless otherwise directed by the finance director or his authorized representative and so noted on the account. If meter malfunctions are caused by tampering or customer- inflicted damage, the back-billed period may be extended to the maximum period ailowed by state statute. 3. This ordinance shall take effect immediately upon its adoption. 2001. Passed by the City Commission on fiat reading this day of December, Passed by the City Commission oa second and final reading this day of January, 2002, John S. Meserve Mayor /Presiding Officer Approved as to form and correctness: Alan C. Jensen, Esquire City Attorney ATTEST: Maureen King, CMC City Clerk services at anytime during the month without Qenalty. The extension however