HomeMy WebLinkAbout176 - 11/07/2006 - AMENDING CHAPTER 26, ARTICLES I AND XII OF THE CITY CODE RELATING TO UTILITY BILLS AND NOTICES AND A ORDINANCE NO. 176, 2006
OF THE COUNCIL OF THE CITY OF FORT COLLINS
AMENDING CHAPTER 26, ARTICLES I AND XII OF THE CODE OF THE
CITY OF FORT COLLINS RELATING TO UTILITY BILLS AND NOTICES
AND ADMINISTRATIVE REGULATIONS FOR BILLING AND COLLECTION
WHEREAS, the City Council is empowered and directed by Article XII, Section 6, of the
Charter of the City of Fort Collins, Colorado, to provide for the collection of rates, fees or charges
for utility services furnished by the City; and
WHEREAS, Chapter 26 of the City Code requires that utility bills and notices be mailed to
the user; and
WHEREAS,new technologyhas made it possible for the City to deliver such utility bills and
notices electronically; and
WHEREAS, many users prefer the convenience of receiving their utility bills and notices
electronically and they do not desire to receive them through delivery by the Postal Service; and
WHEREAS,the delivery of a utility bill and notices via electronic mail is cost effective;and
WHEREAS, the City Manager has recommended to the City Council that the Code be
changed to allow users an option of electronic delivery of utility bills and notices; and
WHEREAS,the monthly rates and fees established in Chapter 26 by City Council are based
on costs of providing typical or normal utility services; and
WHEREAS,Section 26-720 of the City Code authorizes the Financial Officer to promulgate
administrative rules and regulations for the administration of utility billing and collections; and
WHEREAS,in order to clarify that reasonable billing practices related to account corrections,
write-offs and adjustments are authorized within the scope of such rules and regulations, staff has
proposed a revision to Section 26-720 to that effect.
NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF FORT
COLLINS as follows:
Section 1. That Section 26-1 of the Code of the City of Fort Collins is hereby amended
to add a definition of the term "Customer" and the term "Mailing address" and to revise the
definition of the term "Utility bill'to read as follows:
Sec. 26-1. Definitions.
Customer shall mean a user of one(1)or more city utility services in whose name
an account for related charges or other related financial responsibilities is maintained
by the Financial Officer.
Mailing address shall mean the postal address or electronic mail address that has
been provided by the customer to the General Manager, as shown in the records of
the Financial Officer,and to which all utility bills and notices to said customer shall
be sent.
Utility bill shall mean the bill issued by the Financial Officer to a utility customer
for utility services furnished,charges assessed,adjusted or negotiated and payments
due thereon,late payment fees,penalties and all other sums due to the City from said
customer.
Section 2. That Section 26-5 of the Code of the City of Fort Collins is hereby amended
to read as follows:
Sec. 26-5. Notice requirements generally.
Unless otherwise specified, whenever notice is required to be given by the
provisions of this Chapter,it shall be to the last known mailing address of the person
to be notified as shown on the records of the City. Service of such notice shall be
effective upon the date of mailing.
Section3. That Section26-711 ofthe Code of the Cityof Fort Collins is hereby amended
to delete the definitions of the term"Owner" and the term"Utility bill".
Section 4. That paragraph(b)of Section 26-713 of the Code of the City of Fort Collins
is hereby amended to read as follows:
Sec. 26-713. Due date; delinquency.
(b) All charges and fees on utility bills shall be effective as of the date mailed
to the last known mailing address of the customer,and shall be considered delinquent
if payment is not received by the City by midnight of the due date as specified on the
utility bill.
Section 5. That subsection(e)of Section 26-718 of the Code of the City of Fort Collins
is hereby amended to read as follows:
Sec. 26-718. Unpaid charges a lien.
(e) Delinquent fees together with interest and collection costs may also be
collected by civil suit against the owner of the property served or by any other lawful
means, at any time after the charges become delinquent. The remedies provided
under this Article are cumulative and supplemental to each other.
Section6. That Section 26-720ofthe Code oftheCi of City Fort Collins is hereby amended
to read as follows:
Sec. 26-720. Administrative procedures.
The Financial Officer may formulate and promulgate rules and regulations for the
administration of this Article, not inconsistent with the provisions of this Article,
with respect to the billing and collection of utility fees and charges and other matters
relating to the administration of customer accounts. Said rules and regulations may
regulate without limitation,the forms and procedures for giving notice to customers;
policies for adjusting billed amounts as necessary to correct errors or for
administrative efficiency or to achieve equity,procedures for appeals;and procedures
for the documentation of liens. Any rules or regulations promulgated by the
Financial Officer hereunder shall be effective upon the Financial Officer's filing of
the same with the City Clerk.
Introduced, considered favorably on first reading, and ordered published this 17th day of
October, A.D. 2006, and to be presented for final passage on day of November,AV. 2006.
ay r
ATTEST:
City Clerk .
Passed and adopted on final reading on the 7th day of N mber, A.D. 2006.
/ � 1
May
ATTEST:
City Clerk