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HomeMy WebLinkAbout2011 09 12 Consent 205 Special Payments Arrangement Water And Sewer Utility Resolution 2011-44COMMISSION AGENDA ITEM 205 September 12, 2011 Meeting CONSENT X INFORMATIONAL PUBLIC HEARING REGULAR MGR /DEPT Authorization REQUEST: Finance and Administrative Services requests that the City Commission adopt Resolution No. 2011 -44 establishing a Special Payment Arrangement Policy for the Water and Sewer Utility. SYNOPSIS: The purpose of this Resolution is to provide a utility collection process which is more flexible and customer - focused. Short -term payment extensions would potentially be available for those customers with slight timing issues and payment installment arrangements would potentially be available for customers whose utility bill has become unduly burdensome as a result of leaks, unexplained usage and /or special hardship. CONSIDERATIONS: On August 22, 2011, Ordinance 2011 -11 was adopted for the purpose of amending certain provisions of Chapter 19, Utilities. One such amendment, 19 -97(d) provides for alternate payment arrangements as follows: 19 -97(d) The city manager or designee may authorize alternate payment arrangements to address special cases of hardship consistent with the city's special payment arrangement policy adopted by resolution of the city commission. The attached policy provides guiding documentation and defines two categories of payment arrangement: 1) payment extensions of 30 days or less 2) payment installments exceeding 30 days Payment installments would primarily be reserved for those customers with leaks and /or unexplained usage, therefore, wide utilization is not anticipated. The purpose of this revision is to work with the customer toward payment of their ongoing user fees while chipping away at their outstanding balance. Special Payment Arrangements September 12, 2011 Commission Consent Item 205 Page 2 of 2 Exhibit "A" of Resolution 2011 -44 presents a Payment Installment Plan Agreement which has been reviewed by legal counsel as to form and sufficiency and by which all future forms must substantially conform. FISCAL IMPACT: No funding is necessary to implement the Special Payment Arrangement Policy. COMMUNICATION EFFORTS: This Agenda Item Has Been Electronically Forwarded To The Mayor And City Commission, City Manager, And Is Available On The City's Website, LaserFiche, And The City's Server. Additionally, Portions Of This Agenda Item Are Typed Verbatim On The Respective Meeting Agenda Which Has Also Been Electronically Forwarded To The Individuals Noted Above, And Which Is Also Available On The City's Website, LaserFiche, And The City's Server; Has Been Sent To Applicable City Staff, eAlert/eCitizen Recipients, Media/Press Representatives Who Have Requested Agendas /Agenda Item Information, Homeowner's Associations/Representatives On File With The City, And All Individuals Who Have Requested Such Information. This Information Has Also Been Posted Outside City Hall, Posted Inside City Hall With Additional Copies Available For The General Public, And Posted At Five (5) Different Locations Around The City. Furthermore, This Information Is Also Available To Any Individual Requestors. City Staff Is Always Willing To Discuss This Agenda Item Or Any Agenda Item With Any Interested Individuals. RECOMMENDATION: Staff recommends approval of Resolution 2011 -44 establishing a Special Payment Arrangement Policy per Ordinance 2011 -11. ATTACHMENTS: Resolution 2011 -44 RESOLUTION NO. 2011-44 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF WINTER SPRINGS, SEMINOLE COUNTY, FLORIDA, ADOPTING A UTILITY BILLING SPECIAL PAYMENT ARRANGEMENT POLICY; PROVIDING FOR THE REPEAL OF PRIOR INCONSISTENT RESOLUTIONS, SEVERABILITY AND AN EFFECTIVE DATE. WHEREAS, the City is granted the authority, under § 2(b), Art. VIII of the State Constitution, to exercise any power for municipal purposes, except when expressly prohibited by law; and WHEREAS, the City Commission adopted Ordinance 2011 -11 on August 22, 2011, which, among other things, provided that the City's utility customers may seek alternative payment arrangements to address special cases of hardship; and WHEREAS, the City Commission desires to establish the City's policy on special payment arrangements for utility payments as set forth herein; and WHEREAS, City Commission deems that this Resolution is in the best interests of the public health, safety, and welfare of the citizens and utility customers of Winter Springs. NOW, THEREFORE, BE IT DULY RESOLVED BY THE CITY COMMISSION OF THE CITY OF WINTER SPRINGS, SEMINOLE COUNTY, FLORIDA, THAT: Section 1. Incorporation of Recitals. The foregoing recitals are deemed true and correct and are hereby fully incorporated herein by reference. Section 2. Special Payment Arrangement Policy. The City Commission of the City of Winter Springs hereby adopts the following as the City's Special Payment Arrangement Policy for the payment of water and sewer utility fees: A. Intent & Purpose. It is the utility customer's responsibility to pay for utility services in accordance with the requirements of the City Code and the terms and conditions of the customer's utility bill and any delinquent notice issued. However, if the utility customer is unable to make timely payment in accordance with said applicable law and policy, this Special Payment Arrangement Policy is intended to provide customers with several options to pay their bill on an extended schedule, under certain, limited circumstances, while ensuring the City continues to receive all payments due for its provision of utility services to that customer. City of Winter Springs Resolution No. 2011 -44 Page 1 of 4 B. Payment Extensions. 1. During Week of Delinquent Notice Due Date. Provided the utility customer contacts the City by the due date set forth in the delinquent notice, the City's customer service representative ( "CSR ") may extend the payment due date to Friday of that week. Total past due fees shall be paid by the extended payment due date to avoid disconnection of service the following business day. Late fees shall not be waived. If a customer has failed to make timely payment on a prior payment due date extension within the preceding 12 months, the payment due date may not be extended. 2. Post -Week of Delinquent Notice Due Date. Provided the utility customer contacts the City by the deadline set forth in the delinquent notice, the payment due date may be extended up to 30 days from the original bill due date. Approval of any such extension must be by a senior utility billing employee. Total past due fees shall be paid by the extended payment due date to avoid disconnection of service. Late fees shall not be waived. If a customer has failed to make timely payment on a prior payment due date extension within the preceding 12 months, the payment due date may not be extended. C. Payment Installment Plan. A payment installment plan may be utilized in special cases of hardship (e.g. leak, terminal illness, etc.) when a payment extension, as provided in Section B., is insufficient. 1. Procedure. Utility customers shall contact the City prior to disconnection of utility service to apply for a payment installment plan. The City Manager or designee shall review said application and either approve or deny a payment installment plan. The City Manager or designee shall consider the following in reaching his or her decision: a. The customer's account history (e.g. late payment, NSFs, disconnection of service); b. Circumstances of special hardship; C. Compliance or non - compliance with terms of previous payment extension or payment installment plan; and d. Ability to pay. City of Winter Springs Resolution No. 2011 -44 Page 2 of 4 2. Terms and Conditions of Payment Installment Plan. An approved payment installment plan does not excuse or delay the customer's responsibility to make timely payment for current and future utility fees (i.e. payment due under an installment plan is in addition to the customer's accruing monthly charges). b. Late fees incurred subsequent to the calculation of the past due balance may be eligible for waiver once the customer has satisfied the terms of the payment installment plan. C. Customer shall be required to execute a Payment Installment Plan Agreement with the City. Any such Agreement shall be in substantially the same form as Exhibit "A," attached hereto. d. Any revisions to a Payment Installment Plan Agreement shall be at the sole discretion of the City Manager and shall be based on the criteria set forth in Section C.1. herein. Customers shall not be permitted to utilize a payment installment plan under this policy for 12 months immediately following the final payment on any previous payment installment plan. 3. Breach of Payment Installment Plan. Any breach of the terms of a payment installment plan shall result in the immediate termination of the payment installment plan and may result in the disruption of utility service. The City reserves its right to pursue payment due through any and all available legal remedies. Whether a breaching customer would be permitted to enter into a future payment installment plan is at the sole discretion of the City Manager. Section 3. Severability. If any section, subsection, sentence, clause, phrase, word, or portion of this Resolution is for any reason held invalid or unconstitutional by a court of competent jurisdiction, whether for substantive or procedural reasons, such portion shall be deemed a separate, distinct, and independent provision, and such holding shall not affect the validity of the remaining portions of this Resolution. Section 4. Repeal of Prior Inconsistent Resolutions All prior resolutions or parts of resolutions in conflict herewith are hereby repealed to the extent of the conflict. Section 5. Effective Date This Resolution shall become effective immediately upon its adoption by the City Commission of the City of Winter Springs, Florida. City of Winter Springs Resolution No. 2011 -44 Page 3 of 4 ADOPTED by the City Commission of the City of Winter Springs, Florida, in a regular meeting assembled on this day of , 2011. CHARLES LACEY, Mayor ATTEST: ANDREA LORENZO- LUACES, City Clerk Approved as to legal form and sufficiency for the City of Winter Springs only: ANTHONY A. GARGANESE, City Attorney City of Winter Springs Resolution No. 2011 -44 Page 4 of 4 EXHIBIT >9 CITY OF WINTER SPRINGS, FLORIDA 1126 EAST STATE ROAD 434 WINTER SPRINGS, FLORIDA 32708 -2799 Telephone (407) 327 -1800 PAYMENT INSTALLMENT PLAN AGREEMENT Date Re: Account # John Doe Address Winter Springs, FL 32708 Phone # I agree to pay the City of Winter Springs the installment payments identified below on the dates listed below and consistent with the terms outlined herein. I understand and agree that this agreement relates to only to my past due balance and is based on my commitment to pay my current and future bills on or before the bill due date. I understand that I am responsible for any and all fees that may accrue such as disconnection, reconnection and late fees. However, late fees incurred during the payment installment time period may be removed if and when the payment installment plan is satisfied according to its terms and to the extent that current consumption charges have been paid on a timely basis. Failure to strictly adhere to this agreement shall render this Payment ainstallment plan te and may result in disruption of service The total oast due amount shall tae Installment Installment Past Due Due Date Payment Balance City: NamelTitle (print) Signature of Authorized City Representative Utility Acct Holder: Name (print) Signature of Account Holder STATE OF FLORIDA County of Seminole Swom to and Acknowledged before me this _ day of 20 by Name of Account holder Notary Public -- State of Florida (Print, Type, or Stamp Commissioned Name of Notary Public) Personally Known OR Produced ID Type of Identification Produced RESOLUTION NO. 2011 -44 A RESOLUTION OF THE CITY C..OMMISSION OF THE CITY OF WINTER SPRINGS, SEMINOLE COUNTY, FLORIDA, ADOPTING A UTILITY BILLING SPECIAL PAYMENT ARRANGEMENT POLICY; PROVIDING FOR THE REPEAL OF PRIOR INCONSISTENT RESOLUTIONS, SEVERABILITY AND AN EFFECTIVE DATE. WHEREAS, the City is granted the authority, under § 2(b), Art. VIII of the State Constitution, to exercise any power for municipal purposes, except when expressly prohibited by law; and WHEREAS, the City Conunission adopted Ordinance2011 -11 on August 22, 201.1, which, among other things, provided that the City's utility customers may seek alternative payment arrangements to address special cases of hardship; and WHEREAS, the City Commission desires to establish the City's policy oil special payment arrangements for utility payments as set forth herein; and WHEREAS, City Commission deems that this Resolution is in the best interests of the public health, safety. and welfare of the citizens and utility customers of Winter Springs. NOW, THEREFORE, BE IT DULY RESOLVED BY THE CITY COMMISSION OF THE CITY OF WINTER SPRINGS, SEMINOLE COUNTY, FLORIDA, THAT: Section L Incorporation of Recitals. The foregoing recitals are deemed true and correct and are hereby fully incorporated herein by relbrence. Section 2. Special Payment Arrangement Policy. The City Commission of the City of Winter Springs hereby adopts the lollowing as the City's Special Payment Arrangement Policy for the payment of water and sewer utility fees: A. Intent & Purpose. It is the utility customer's responsibility to pay for utility services in accordance with the requirements of the City Code and the terms and conditions of the customer's utility bill and any delinquent notice issued. However, if the utility eu toner is unable to make timely payment in accordance with said applicable law and policy, this Special Payment Arrangement Policy is intended to provide customers with several options to pay their bill on an extended schedule, snider certain, limited circumstances, while ensuring the City continues to receive all payments due for its provision of utility services to that customer. City of Winter Springs Resolution No. 201 I -44 Page I of 4 B. Payment .Extensions. 1. During Week gfDelinquent Nolice Due Data. Provided the utility customer contacts the City by the due date set forth in the delinquent notice, the City's customer service representative (:'CSR ") may extend the payment due date to .Friday of that week. Total past due fees shall be paid by the extended payment due date to avoid disconnection of service the following business day. Late ices shall not be waived. If a customer has failed to snake timely payment on a prior payment due date extension within the preceding 12 months, the pave lent due date may not be extended. 2. Post -Week of Delinquent Notice Due Date. Provided the utility customer contacts the City by the deadline set forth in the delinquent notice, the payment due date may be extended up to 30 days from the original bill due date. Approval of any such extension must be by a senior utility billing employee. Total past due lees shall be paid by the extended payment due date to avoid disconnection of service. Late fees shall not be waived. If a customer has failed to make timely payment on a prior payment due date extension within the preceding 12 months, the payment due date may not be extended. C. Payment Installment Plan. A payment installment plan may be utilized in special cases of hardship (e.g. leak, terminal illness, etc.) when a payment extension, as provided In Section B., is imUfhclent. 1. Procedure. Utility customers shall contact the City prior to disconnection of' utility service to apply for a payment installment plan. The City Manager or designee shall review said application and either approve or deny a payment installment plan. The City Manager or designee shall consider the following in reaching his or her decision: a. The customer's account history (e.g. Late payment, NSFs, disconnection of service); b. Circumstances of special hardship; C. Compliance or non - compliance with terns of' previous payment extension or payment installment plan; and d. Ability to pay. City of Winter Springs Resolution No. 201 1 -44 Page 2 of 4 2. Terans and C.'onclitions of Pa Inent Installment Plan. a. An approved payment installment plan does not excuse or delay the customer's responsibility to make timely payment for current and future utility fees (i.e. payment due under an installment plan is in addition to the customer's accruing monthly charges). b. Late fees incurred subsequent to the calculation of the past due balance may be eligible for waiver once the customer has satisfied the terms of the payment installment plan. Customer shall be required to execute a Payment installment Plan Agreement with the City. Any such Agreement shall be in substantially the same form as Exhibit "A," attached hereto. d. Any revisions to a Payment hlstalhnent Plan Agreement shall be at the sole discretion of the City Manager and shall be based on the criteria set forth in Section C.1. herein. C. Customers shall not be permitted to utilize a payment installment plan under this policy for 12 months immediately following the final payment on any previous payment installment plan. 3. Brecach of Pq Insl alfrrlew Plma. Any breach of the terms of a payment installment plan shall result in the immediate termination of the payment installment plan and may result in the disruption of utility service. The City reserves its right to pursue payment due through any and all available legal remedies. Whether a breaching customer would be permitted to enter into a future payment installment plan is at the sole discretion of the City Manager. Section 3. Severability. If any section, subsection, sentence, clause, phrase, word, or portion of this Resolution is for any reason held invalid or unconstitutional by a court of competent Jurisdiction, whether for substantive or procedural reasons, such portion shall be deemed a separate, distinct, and independent provision, and such holding shall not affect the validity of the remaining portions of this Resolution. Section 4. Repeal of Prior Inconsistent Resolutions All prior resolutions or parts of resolutions in conflict herewith are hereby repealed to the extent of the conflict. Section 5. Effective Date This Resolution Shall become effective immediately upon its adoption by the City Commission of the City of Winter Springs. Florida. City of Winter Springs Resolution No. 201 1 -44 Page 3 of 4 ADOPTED by the City Cotnniission of the City of Winter Springs, Florida, in a regular meeting assembled on this 12th day of SeptembeXo l l . A RENZO- LUACES, City Clerk Approved as to legal form and sufficiency for the City 'Winter Springs only: .. ......... ...... ......... .._... _. _ .............. ............................ ... . ...... .._ ANTHONY A. GARGANESE, City Attorney CH A ` L fit; , l vor —� City of' Winter Springs Resolution No. 2011 -44 Page 4 of 4 Afl�ll ®�IY�A EXHIBIT >s .a. 2 f- u CITY OF WINTER SPRINGS, FLORIDA Iiuocporated 2959 Ct�R1D¢' 1126 EAST STATE ROAD 434 WINTER SPRINGS, FLORIDA 32708 -2799 Telephone (407) 327 -1800 PAYMENT INSTALLMENT PLAN AGREEMENT Date Re: Account # John Doe Address Winter Springs, FL 32708 Phone # I agree to pay the City of Winter Springs the installment payments identified below on the dates listed below and consistent with the terms outlined herein. I understand and agree that this agreement relates to only to my past due balance and is based on my commitment to pay my current and future bills on or before the bill due date. I understand that I am responsible for any and all fees that may accrue such as disconnection, reconnection and late fees. However, late fees incurred during the payment installment time period may be removed if and when the payment installment plan is satisfied according to its terms and to the extent that current consumption charges have been paid on a timely basis. Failure to strictly adhere to this agreement shall render this payment installment plan terminated and may result in disruption of service. The total oast due amount shall become immediately due and owin Installment Installment Past Due Due Date Payment Balanc City: Namerritie (print) Signature of Authorized city Representative Utility Acct Holder: Name (print) Signature of Account Holder STATE OF FLORIDA County of Seminole Sworn to and Acknowledged before me this _ day of , 20_, by Name of Account holder Notary Public — State of Florida (Print, Type, or Stamp Commissioned Name of Notary Public) Personally Known OR Produced ID Type of Identification Produced