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.
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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
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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