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HomeMy WebLinkAboutReso 2006-196 - Council Policy No 1412 e e -, RESOLUTION NO. 2006 - 196 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF REDDING ADOPTING CITY COUNCIL POLICY NO. 1412 RELATING TO THE REFUND AND RECOVERY OF UTILITIES' SERVICES AND FEES WHEREAS, the Customer Service Division is charged with the responsibility of administering the utilities' billing and collection system for the City's electric, water, wastewater, solid waste, and storm drain utilities. WHEREAS, Council Policy 203 sets forth the City's Risk Management Policy and grants authority to the Risk Manager to administer claims relating to liability resulting from harm to person or property. WHEREAS, the City has established no formal policy for the administration of claims made by customers who believe that they have paid for services not rendered. WHEREAS, the City has established no formal policy setting forth the parameters by which the Customer Service Division may recover funds due to the City for situations in which services have been provided, but inadequate payment or no payment has been received. WHEREAS, Government Code ~ 935.4 permits the City Council to delegate the administration of such claims to the Customer Service Division. NOW, THEREFORE, IT IS RESOLVED by the City Council of the City of Redding that the attached City Council Policy No. 1412, entitled "Refund and Recovery of Utilities' Services and Fees," is hereby adopted. I HEREBY CERTIFY that the foregoing resolution was introduced, read, and adopted at a regular meeting ofthe City Council on the 7th day of November, 2006, by the following vote: AYES: NOES: ABSENT: ABSTAIN: COUNCIL MEMBERS: Dickerson, Mathena, Stegall and Murray COUNCIL MEMBERS: None COUNCIL MEMBERS: Pohlmeyer COUNCIL MEMBERS: None Attest: Form Approved: ~ " J R1~~rney ~ o 0\ , """" -C> ()'\ ~ J e . " CITY OF REDDING, CALIFORNIA COUNCIL POLICY SUBJECT RESOLUTION NUMBER POLICY NUMBER EFFECTIVE DATE PAGE Refund and Recovery of Utilities' Services and Fees 2006-196 1412 11/07/06 1 BACKGROUND The Customer Service Division is charged with the responsibility of administering the utilities' billing and collection system for the City's electric, water, wastewater, solid waste, and storm drain utilities. PURPOSE The purpose of this Policy is to provide uniform and consistent guidelines for determining the course of action regarding the recovery and refund of utilities' services and fees. Pursuant to Government Code ~ 935.4, the Customer Service Division is charged with the administration of claims for the refund of utilities' services and fees and the collection of amounts due and owing to the City pursuant to state law and in accordance with this Policy. Council Policy 203 (Risk Management Policy) shall have no application to the administration of such claims. POLICY The following is the policy of the City Council of the City of Redding regarding the refund and recovery of utilities' services and fees: 1. The City of Redding may recover utilities' services and fees due and owing for a period of up to three (3) years prior to the date of discovery. Utilities' services and fees due and owing shall be recovered as a line- item on customer utility billing statements. To minimize financial hardship, the City may amortize the amount due and owing on the customer's billing statement for a period of up to twelve (12) months. 2. The City of Redding will reimburse utilities' customers with the amount of utilities' services and fees owed at their current service location for a period of up to three (3) years prior to the date of discovery by the City or the date upon which written demand by the customer is received by the City, whichever is earlier. 3. Utilities' customers who believe they are due a refund and who are no longer receiving utilities' services at a service location, must file a written demand for a refund to the City of Redding Customer Service Division. Upon receipt of a written demand, the City of Redding will reimburse utilities' customers in the amount of utilities' services and fees owed for a period of up to three (3) years prior to the date upon which written demand by the customer is received by the City. 4. Claims for sewer service fees paid before January 1, 1992, shall be administered in accordance with the requirements of Government Code ~ 53082. 5. Except where Government Code ~ 53082 applies, the Electric Utility Director and Municipal Utilities Director, as applicable, are hereby permitted the latitude to make case-by-case adjustments to the portions of this Council Policy relating to the refund and collection of funds to former and present customers, if claims are reasonably substantiated and the interest of justice so require. This Policy shall not be construed to limit or modify any defense including, but not limited to, defenses based upon the statute of limitations, which may be available to the City should litigation result.