HomeMy WebLinkAbout121 - 11/17/2009 - AMENDING CHAPTER 26 ARTICLE XII OF THE CITY CODE RELATING TO BILLING ERRORS ORDINANCE NO. 121, 2009
OF THE COUNCIL OF THE CITY OF FORT COLLINS
AMENDING CHAPTER 26 ARTICLE XII OF THE CODE OF THE CITY OF FORT
COLLINS RELATING TO BILLING ERRORS
WHEREAS, the City maintains water, wastewater, stormwater and electric utilities, each
with several thousand customers; and
WHEREAS,while City staff endeavors to accurately compute all billings to the City's utility
customers, data errors and equipment failures do occur; and
WHEREAS, in 2000, City staff adopted an administrative policy to address billing errors;
and
WHEREAS, City staff believes that formalizing the utility's administrative billing errors
policy in the City Code will provide clarity with regard to the limitations and requirements associated
with utility billing errors; and
WHEREAS, the City Council has determined that the amendments accomplished by this
Ordinance are in the best interests of the City.
NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF FORT
COLLINS as follows:
Section 1. That Section 26-119 of the Code of the City of Fort Collins is hereby amended
to read as follows:
Sec. 26-119. Charges in event of meter failure.
If any meter should fail to properly register a customer's water use in any
billing period, the user shall be charged according to the average quantity of water
used by such customer in a similar period as shown by the meter when performing
properly.In the case of a discrepancy between the readings at the remote readout and
the head of the meter, the amount of water registered at the head of the meter
governs.Additional charges or customer refunds related to a meter or meter readout
malfunction will be made in accordance with §26-721 and the administrative rules
and regulations adopted by the Financial Officer pursuant to §26-720.
Section 2. That the title of Section 26-720 of the Code of the City of Fort Collins is
hereby amended to read as follows:
Sec. 26-720. Administrative rules and regulations
Section I That Chapter 26,Article XII of the Code of the City of Fort Collins is hereby
amended by the addition of a new section 26-721 which reads in its entirety as follows:
See. 26-721 Billing errors.
(a) When an error has been made in an account, the following shall apply:
(1) When the utility determines that a utility customer has overpaid for utility
service and the overpayment occurred no more than six (6) years before the
date the error is made known to the utility, the utility will issue to the
customer a credit or a refund, without interest, as reimbursement for the
overpayment if each of the following conditions is met:
(i) the customer could not have discovered the error with reasonable
inquiry prior to the date of discovery;
(ii) documentation evidencing the overpayment is available in utility
records or has been provided to the utility; and
(iii) the utility confirms the accuracy and sufficiency of the documentation
based on utility records.
(2) When the utility determines that a current utility customer has been
undercharged and has underpaid for utility service, the customer shall be
billed for the undercharges unless the undercharges occurred more than six
(6) years before the date the error is discovered and either of the following
conditions is met:
(i) the undercharges are for a minimal amount based on a threshold
established by the administrative rules and regulations adopted by the
Financial Officer pursuant to 26-720; or
(ii) the customer could not have discovered the error with reasonable
inquiry.
(b) Any attempt or action by a utility customer to mislead the utility with regard
to a billing error shall be a violation of the Code, punishable as provided in §1-15.
Each day upon which any violation shall continue shall constitute a separate offense,
publishable as such.
(c) Each utility customer is responsible for using reasonable diligence to review
billing statements and for immediately notifying the utility of a billing error.
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Introduced, considered favorably on first reading, and ordered published this 3rd day of
November, A.D. 2009, and to be presented for final passage on the 17th day of November, A.D.
2009.
000,
Mayo
'ATTEST:
City Clerk
Passed and adopted on final reading on the 17th day of November, A.D. 2009.
Mayor
ATTEST: ,
City Clerk
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