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HomeMy WebLinkAbout060 - 05/03/1994 - AMENDING CITY CODE REGARDING TAX AND UTILITY REBATES ORDINANCE NO-.- 60, 1994- OF THE COUNCIL OF THE CITY OF FORT COLLINS AMENDING CHAPTERS 25 AND 26 OF THE CODE OF THE CITY OF FORT COLLINS REGARDING TAX AND UTILITY REBATES WHEREAS, in 1972, 1975, and 1985 respectively, the City Council (the "Council ") established property tax, utility, and sales tax rebate programs for low-income, elderly, and disabled residents of the City to provide some financial relief to those members of the population who may have difficulty paying routine bills and to help make the cost of food and housing more affordable to these residents; and WHEREAS, the last update to the Code of the City of Fort Collins pertaining to rebate programs was made in 1989; and WHEREl4S, the Stormwater Utility was never added- to the utility rebate program; and WHEREAS, the Council believes that it is in the best interest of the citizens of Fort Collins to continue the rebate program and to modify the Code of the City of Fort Collins to ensure that the intent of the program is maintained. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF FORT COLLINS as follows: Section 1 . That Section 25-26 of the Code of the City is hereby amended to read as follows: Sec. 25-26. Definitions. Income shall mean total income, including but not limited to salaries, scholarships, grants and loans, wages, tips, employee compensation, interest, dividends, business or farm income, rents, royalties, social security benefits, public and private pension payments, annuities, support money, cash public assistance and relief, veterans benefits (except Medicare and service connected disability payments) workers' compensation and unemployment compensation benefits and all other forms of revenue. Section 2. That Section 25-29 of the Code of the City is hereby amended by the addition of a new subsection (5) as follows: Sec. 25-29. Qualifications. (5) Any applying household or member thereof shall be in full compliance with all provisions of the City Code and shall not be in default of the terms of any obligation, contract or other agreement with the city. Sec. 25-31. Refunds payable only to applicant. (a) The city shall make tax refunds pursuant to this Division only directly to the applicant who qualifies therefor and, except as provided in subparagraph (b) below, refunds shall not be paid to anyone other than the applicant. If an applicant dies prior to receiving or cashing a refund pursuant hereto, any check representing such refund shall be null and void, and such refund shall not become an asset of the decedent's estate. if the decedent is survived- by a spouse who would be qualified as an applicant for such refund, the city will honor an application for a refund by such surviving spouse, even though the application is not timely made in accordance with the provisions of this Division. (b) If any application for a refund is approved under the provisions of this division, and the applicant for such refund subsequently becomes delinquent in the payment of any utility bill (s) owed to the City, the refund otherwise due the applicant may be applied by the City in whole or in part toward the payment of the delinquent bill (s) . Section 3. That Section 25-46 of the Code of the City is hereby amended to read as follows: Sec. 25-46. Definitions. Income shall mean total income, including but not limited to salaries, scholarships, grants and loans, wages, tips, employee compensation, interest, dividends, business or farm income, rents, royalties, social security benefits, public and private pension payments, annuities, support money, cash public assistance and relief, veterans benefits (except Medicare and service connected disability payments) workers' compensation and unemployment compensation benefits and all other forms of revenue. Section 4. That Section 25-49(2) of the Code of the City is hereby amended to read as follows: Sec. 25-49. Qualification. In order to qualify for the rebate, the following requirements must be met: (2) Any applying household or member thereof shall be in full compliance with all provisions of the City Code and shall not be in default of the terms of any obligation, contract or other agreement with the city. If any application for a rebate is approved under the provisions of this division, and the applicant for such refund subsequently becomes delinquent in the payment of any utility bill (s) owed to the city, the rebate otherwise due said applicant may be applied by the City in whole or in part toward the payment of the delinquent bill (s) . 2 Section 5. That Article IX of Chapter 26 of the Code of the City is hereby amended to read as follows: DIVISION 2. WATER, WASTEWATER, STORMWATER, ELECTRIC UTILITIES REFUND PROGRAM Section 6. That Section 26-612 of the Code of the City is hereby amended to read as follows: Sec. 26-612. Requirements for qualification. In order to qualify for the refund hereunder, in addition to meeting the qualifications required in 25-29 of this Code, et , the following requirements shall be met: (1) All utility bills for the property occupied by the applicant must be paid current. If any application for a refund is approved under the provisions of this division, and the applicant for such refund subsequently by comes de-l_inquent_ in the payment of any utility bill (s)_ owed to the City, the refund otherwise due said applicant may be applied by the City in whole or in part toward the payment of the delinquent bill (s) . (2) The property occupied by the applicant must receive water, wastewater, stormwater or electric utility service from the City. Section 7. That Section 26-614 of the Code of the City is hereby amended to read as follows: Sec. 26-614. Amount of refund. (a) The annual amount of refund payable hereunder shall be based on the average monthly consumption of water, wastewater, stormwater, and electric services by a residential unit in the City, determined pursuant to the administrative rules and regulations of this Division. An applicant shall be entitled to a refund only for those utility services received. Section 8. That Section 26-631 of the Code of the City is hereby deleted in its entirety. Section 9. That Section 26-711 of the Code of the City is hereby amended to read as follows: Sec. 26-711. Definitions. The following words, terms and phrases, when used in this Article, shall have the meanings ascribed to them in this Section: 3 Customer Information and Services shall mean the division of the Financial Administration Unit responsible for billing and collection of charges due the city. Section 10. That Section 26-712(a) of the Code of the City is hereby amended to read as follows: Sec. 26-712. Utility bill authorized; procedures. (a) The fees and charges established by this Code for services from the electric, stormwater, water and wastewater utilities may be billed together in one (1) utility bill with such fees and charges separately itemized, and shall be billed to utility users not less than once each month. The Customer Information and Services Division shall collect, receive and disburse all such fees and charges for the separate utility funds in accordance with the Charter and related provisions of this Code. Section 11. That Section 26-714 of the Code of the City is hereby amended to read as follows: Sec. 26--7I4. Contributions may be passed on to consumer. A contribution to the general fund by the city's utilities pursuant to the Charter in lieu of taxes and franchise fees that would be paid by a private utility may be passed on to the user. Introduced, considered favorably on first reading, and ordered published this 19th day of April , A.D. 1994, and to be presented for final passaa�P on the 3rd day of May, A.D. 1994. ayor ATTEST: City Clerk Passed and adopted on final reading this 3rd day of ay, A.D. 1994. ATTEST: City Clerk 4