HomeMy WebLinkAboutAgenda Report - March 4, 1992 (59)1"1
CITY OF LODI
I
TITLE: Rblic Hearing tD Consider Changing the Lodi Municipal Code to Authorize the City
to Colt Late. Ebes for Delinquent Utility Bills
� MELTM DATE: March 4, 1:992
PREPARED BY: Finance Director
RECOMMENDED ACTION: That trc City Council, following a public hearing on the matter,
adopt the attached Ordinance entitled "An Ordinance of the Lodi
City Council Amending Lodi Municipal Code Chapter 13.0-4—
Service Generally" and consider for adoption the attached Resolution
entitled "A Resolution of fte Lodi City Council Setting a Labe Fee for Delinquent Utility Bills" at the
appropriate time.
BACKGROUND WMRMATiON: At a ft& Sleeve Session on December 10, 1991, the City Council
whewed sscveral proposals made by staff to encourage the timely
payment of the City's utility bills. One proposal made vias to
impose and collect a fee for late or delinquent payment of utility
bills, Based on the dinoction given by Council on December 10, 1941, this matter has been scheduled for
public hearing March 4, 1492,
FUNDING: None
H. D. Flynn
Finance Director
Attachments:
Utility Fees and Deposits Policy
Draft Ordhw=
Draft Resolution
CC: City Attomey
Electric Utility Director
Public Works Director
APPROVED. A
THOMAS A. PETERSON 9CV@wd P&OW
City Manager
CC -1
RESOLUTION NO. 92-41
A RESOLUTION OF THE LODI CITY COUNCIL
SETTING A LATE FEE FOR DELIOUENT UTILITY BILLS
WHEREAS, it is the policy of the City Council that the enterprise activities (water, sewer, electric,
saW waste) of the City be efficiently managed and bad on sound economic principles by following
pnident btgness per; and
WH1 ' it is thepoliq of the City Council to encourage customers to pay utility bills or.a timely
basis and to discourage deliquent utility bills; and
WMMFAS, it is the policy of the City Council that City staff will be sensitive 1D customer hardships
cr other unusual circumstances that preclude timely payment of utility bills.
NOW, ji tEFORE, BE IT RESOLVED by the Lodi City Council that the following late fees for
ddigna Why bllh is approved and that the Director of Finance may waive gees feu when in his
opinion a customer has presented reasonable evidence of financial hardship or convincing information that
timely payment could not have been expected:
-t
First
Second
Third
Final
Dated:
Amount
utility Rate Only
Utility Rate Only
utility Rate plus $10 late charge
utility Rate plus $25 ]-JE charge
I hereby certify that Resolution No. 92-41 was passed and adopted by the City Comncil of the City of
Lodi in a regtnlar meeting held by the following vote:
Ayac Council Members -
Noes: Council Members -
Abatnt: Council Members -
Alice M. Reimche
City Clerk
a Ab
CITY OF LODI - FINANCE DEPARTKE24" F
UTILITY kXES AND DEPOSITS POLICY
RATES, FEES, AND DEPOSITS
The City of Lodi will provide reliable and cost effective utility services to its customers. In
accomplishing this goal, utility operations will be efficiently managed and based on sound economic
principles, which in part means, Mowing prudent business practices and setting equiW ie service rates,
few, and deposits. As such, rates, fees, and deposits will be based on the cost of service, encourage
eonscsvati-on, promote timely cumin Vr paymw s, and will be sensitive to customer needs, capacity to
pay, and the comic health of the community.
Mrs AMON OF SERVICE:A,ND DELINQUENCY DEPOSITS
All applicants for utility services will establish credit by depositing in advance tte amount of a monthly
see charge. Such deposits vin be either credited to the customer's rtguIar bill or closing bill.
following one. yrar of satisf wUxy payment history or by agreeing to attend a utility conservation class
(electrical, gas, water, sewer, garbage) approved by the City. After establishing good credit with the
City, d^pasits for rcw or additioral accents will not be mqui-red, The Finance Director may waive ibe
iratiA deposit for ;rrit b al and oarmerc al customers to promote economic stability and cmuercial.
growth; t owcrer, a deposit will be required from tl ese customers whose account is closed for failure to
pay pdw to rCOMMM*q services.
NEW SERVICE DEPOSIT
CLASS INSIDE C TTY OUTSIDE CITY
Residential $ 50 $ 8 0
Mobile Home Park 1,200 1.800
Group 1 120 180
G rau p 2 through 5 2,200 3,300
RESWRATION-RECONNECTION CHARGE
A zesW Mion-recondxxWoncharge will be paid by customers prior to restoring and re -connecting City
ljdUtus for non-payment as pmvaded below:
During normal working hours: $33
Wee -kends, holidays, and after
normal work hours: • $48
. ALso the charge to be levied for new service connections after nomuil worm hours, on holidays and
weekoemb.
DELINQUENT CHARGES (not to be implemented until approved by Council)
A delinquent charge of $10 after 60 days (third bill) and $25 after 90 days (closing or final bill) shall be
applied to all past due accounts until sealed for nonpayment or until no prior month charges are
outstanding.
a
The E mme Dbector may waive delinquent charges in whole or pmt to promote goodwill va#li City
customtrs vyh n requested by a customer for reasons of hardship cr timely payment could nit have been
reasonably expected based on personal considerations.
CUSTOMER ASSISTANCE
At the time utilities are ditconramd £ca: non-payment and reinstatement of services is requested by a
c ustonw, the Finance Dimtor may negotiate a one-time repayment schedule for up to six months for
those cum who can demonstrate their ability to pay. Normally a repayment schedule will be
established when a City customer can demonstrate financial hardshipduc to the recent loss of employment
or other unusual hardship conditions.
In all other cases the City will refer customers to appropriate assistance agencies such as 'Reach
Program" offered by. ft Salvation Army and 'Energy Crises Intervention Program' offered by Sart
Joaquin County Department of Ageing.
2
ORDINANCE NO. 1543
AN ORDINANCE OF THE LODI CITY COUNCIL
AMENDING LO D I MUNICIPAL CODE CH A I'' TR 13.04 -
"SERVICE GENERALLY"
BE IT ORDAINED BY TEE WDI CITY COUNCIL AS FOLLOWS:
SECTION 1. Lodi Municipal Code Chapter 13.04 is hereby amended as follows:
(Parts removed frons the existing code are in slriheM and additions �)
Ciwpter 13.4, SERVICE GENERALLY
Suc1ic ns:
13.04.010
Definitims
13 -04 -MO
APPUcafim frr service or discontinuance
13.04.030
Bill payment and delinquency
13.04.040
Connecdm generally
13.04.050
C.onr ion charges
13.04.060
Apartn* is and flats
13.04.070
Restriction or interruption
13.04.080
Connection or reconneeti'ai by plumbers
13.04.094 Right of acs for inspection
13.04.100 Pipe and facility maintenance
13.04.110 Service only to contracted premises
13.01.320 Hill a4ustnent
13 04.130 Low income. ad}ushnents
13.04.030 Bill payment and delinquency.
A Payment. All bills for the semens en u mtmte d in this chapter art due and payable upon rece* thereof,
at Ov fina of departrnent, City H31, Lodi, California, and become del-:nqutnt twenty days a{),er the
postmark date of the bill.
B. Delinquency. The diro= of finance shall send notice of delinquent bills, and if all delinquent charges
for 3exvice are i" paid within ten days ager mailing this notice, then the director of finance may
discontinue all eervioe furnished to the customer by the city, the custerner shall be given ft opportunity
io be heard as toany ,,ss#}uMT&nt cf any bill. The htaring shallbe held (More the di i tor
of fire= of his designee. In the vent of a discontinuance of service, as providad in this sub -section, the
dire-.ar of ftra = may requi m as a condition prudent to the resumption of serrice that the customer pay
1. TU amount cf the delinquent biil,
2. The ow4 io the city of discontinuing and resuming ser nee, and
3. A deposit in an amo in t not ex cued i ng the este mated amount of charges for two months' sc rvice.
60
C. Closing Bills. Closing bills arc due on the date on which service is discontinued. (Ehd. 1333 del
(9)(A); prkw code & 2-39)
SEC17ON 2. All ordinances and parts cf ordinances in conflict herewith are repealed insofar as such
conflict may exist:
SECTION 3. This ordinance shall be published one time in the "Lodi News Sentinel,` a daily newspaper
of gmad chtukfim pciaied and ptibluW ori the City of Lodi and shall be in force and take effect tirty
days from and a1%- its pasge and approval.
Approved this day of
JAMES W. PINKER7jfJN, JR.
Mayor
Attest
ALICE M.
City Clerk
State of California
County of San Joaquin, ss.
I, Alice M. Reimhe, City Clerk of the City of Lodi, do hereby Certify
that ordinance Pb. 1543 was introduced at a regular meting of the City
0-,u i.l of tie City of Lodi held i 1&rc h 4, 1992 and was thereafter
passed, adapted and ordezed to print a t a regular meeting of said
Council held , 1992 by the following vote:
Ayes: Council Members -
Noes: Coe=d Meters -
Absent: Council Members -
Abstain: Council. Menbers -
I further certify that Ordinance No.
Mayor on the date of its passage
pursuant to law.
Approved as to Form
HCBRY W. McNAIT
City Attorney
e•81 a+ • at
1543 was approved and signed by the
and the sane has been pwblishec3
ALICE M. �iE
C it y Clerk
RESOLUTION NO. 92-41
A RESOLUTION OF THE LODI CITY COUNCIL
SETTING A LATE FEE FOR DELINQUENT UTILITY BILLS
WHEREAS, it is the policy of the City Council that the enterprise
activities (water, sewer, electric, and solid waste) of the City be efficiently
managed and based on sound economic principles by following prudent business
practices; and
WHEREAS. it is the policy of the City Council to encourage customers to
pay utility bills on a timely basis and to discourage delinquent utility bills;
and
WHEREAS, it is the policy of the City Council that City staff will be
sensitive to customer hardships or other unusual circumstances that preclude
timely payment of utility bills.
NOW, THEREFORE, BE IT RESOLVED by the Lodi City Council that the following late
fees for delinquent utility bills is approved and that the Director of Finance
may waive these fees when in his opinion a customer has presented reasonable
evidence of financial hardship or convincing information that timely payment
could not have been expected:
Bill
Amou n t
First Utility Rate Onlv
Second Utility Rate Only
Third Utility Rate plus $10 late charge
Final Utility Rate plus $25 late charge
BE IT FURTHER RESOLVED by the Lodi City Council that this Resolution will be
effective concurrent with the effective date of Ordinance No. 1543. '
Dated: March 4, 1992
1 hereby certify that Resolution No. 92-41 was passed and adopted by the
City Council of the City of Codi in a regular meeting held March 4, 1992 by the
following vote:
Ayes: Council Members - Hinchman. Pennino. Sieglock, Snider and
Pinkerton (Mayor)
Noes: Council Members - None
Absent: Council Members - None
&a A.
Alice M. RoweA)
che
City Clerk
RES9241/TXTA.02J
o« CITY
OF
L:OT10E OF PUBLIC HEARING
Date: March 4, 1992
CARNEGiE FORUM
305 West Pine Street, Lodi Time: 7:30 p.m.
For Information regarding this Public Hearing
Please Contact:
All" M. Relmahe
City Clark
Telaplrorw: 333.6M
NOTICE OF PUBLIC HEARING
March 4, 1992
NOTICE S HEREBY GIVEN that on Wednesday, at the hour of 7:30 p.m., or as
soon thereafter as the matter may be heard, the City Council will conduct a
public hearing to consider the following matter:
a) introduction of an ordinance entitled, 'An Ordinance of the Lodi
City Council Amending Lodi Municipal Code Chapter 13.04 -
'Services Generally"' which ordinance would amend the Lodi
Municipal Code to authorize the City to impose and collect late
fees for delinquint utility bills.
All interested persons are invited to present their views and comments on this
matter. Written stat5ments may be filed with the City Clerk at any time prior
to the hearing scheduled herein, and oral statements may be made at said
hearing.
If you challenge the subject matter In court, you may be limitedto raising only
those Issues you or someone else raised at the Public Hearing described in
this notice or in written correspondence delivered to the City Clerk, 221 West
Pine Street, at or prior to the Public Hearing.
By Order Of the Lodi City Council:
Alice M. Reir the
City Clerk
Dated: February 5, 1992
Approved as t form:
� L �
Bobby W. McNatt
City Attorney