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