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87-1354 }' '"E - UTV CLERK � - FINANCE COIUICII o � /� ARY -DEPARTMENT GITY OF SAINT PAUL t � /J (� BLVE -MAVOR . . F11C NO• �+ � R��� ( + � _. - � ' . • � . rdin CG Ordinance rl�. ����-�-�_ � , ; Presented By Referred To Committee: Date � Out of Committee By Date An ordinance amending chapter 91 of the Saint Paul Legislative Code pertaining to Water Code-Miscellaneous Provision. THE COUNCIL OF THE CITY OF SAINT PAUL DOES ORDAIN: Section 1 . � Tha� section 91 .12 of 'the Saint Paul Legisla�ive Code be and is hereby amended to read as follows : 91 . 12. Shut-off for non-payment or violation of rules. For violation of any rule or for non-payment of any and all cnarges , including waLer bills , wren due , the board may discontinue service and shut ofi the water supply, in accordance with Chapter 46 of the St. Paul Legisla�ive Cocle. The board shall not discon-�inue service to a tenant because of a delinquent account owed or incurred � by a prior custorner at the service adaress . The Board shall no� �:nowirngly bill a tenant for a d�linquent account owed or incurred by a prior customer at the service addres�. S e c t i on 2. That sec�cion 91 . 14 of the Sain� Paul Legislative Code be and ws hereby amended �o delete the existing provisions thereof and to a�?.��rt }�e �ollowing in lieu and in place 'chereof: 3I . 14. Unpaid service charges. Unpaid service charges �;:all becorne a con-tinuing lien upon the ;�roperty served �ntil paid. Service charges , including sewer service charges , which are delinquent as of September l of each year rnay be certified to the county auditor t,o be collecte� and remitted to the city treasurer in the sarne manner as assessrnen�s for local improvements. COUNC[LMEN Requested by Department of: Yeas Nays Drew wdt tl�1 t�/ Nicosia ln Favor Rettman s��e�� Against BY Tades�, eneral Manager wilson i Form Approved City Attorney Adopted by Council: Date Certified Passed by Council Secretary BY By Approved by Mayor: Date Approv y ayor for Su mis io o Cauncil By WHITE - CITV CLEftK PINK - FINANCE C I TY O F SA I NT PA U L Council Q �� ��.,� CANARV - DEPARTMENT BLUE - MAVOR File NO. a f�� � � 0 din� G Ordinance N 0. � ��!� Presented By , � f Referred To Committee: Date Out of Committee By Date Section 3. This ordinance shall take effect and be in force thirty days from and a�'ter its passage , approval and publication. 2. COUIVCILMEN Requested by Department of: Yeas Nays Drew Water U i 1 i ty �;.rii In Favor Rettman s�ne�nei � Against BY S°T ",��.�q�. General Manag � w��son Adopted by Council: Date ��T — � ��� Form Approve y City Atto ey Certified P y ouncil BY By Appro y Mayor. Date _ !! Approv by ayor for Su 's i�n to Council t By By p�m1.iSNED 0 C T � �I 1987 �'7-�3�'� . .. , � ; �PARTMEN7 ' -�� O8r��91 . . , i y�f�'� lh�as ,p. �naren ONTACT 398-4100 PHONE .�lqust 28. 1987 DATE ���� �r � ASSIGN NUhBER FOR ROUTING ORDER (Clip All Locations for Signdture) : v, � a.'k"�� ✓1 Department Director Director of Marr ent/Mayor � �� Finance and Management Services Director � _ � City Clerk � Budget Director ��oar�d of Water Commissioners � City Attorney �IAT WItL BE ACHIEVED BY TAKING ACTION ON THE ATTACHED MATERIALS? (Purpose/ Rationale) • City Council approval of.the attached amendment to the Legislative Code wi11 � enable the Water. Utilaty to certify del�nquent service charges to the tax rolls in instances where a bi�l is owed or incurred by a prior customer at the service ' address. Sueh an amen�ment to the code will permit the Water Utility to continue service to a present tenant while pursuing collection of the delinquent amount. COSTJBENEFIT, BUDGETARY AND P�RSONNEL IMPACTS ANTICIPATEO: Ten�nts will benefit from not having to be involved in disputes over delinquent charges owed .by previous tenants. There are no apparent additional costs or benefits to the Water Utility resulting . fram the proposed Legislative Code amendment. � FINANCING SOURCE AND BUDGET ACTIVITY NUMBER CHARGED OR CREDITED: (Mayor's signa- - ture not re- Total Amount of'Transac�ion: N/A quired if under " $10,000) Funding Source; Activity Number: ATTACHMENTS (List and Number All Attachments) : Proposed City of Saint Paul Ordinance Board of`Water Coir�nissioners� Resolution 3805 � DEPARTMENT REVIEW Ordinance CITY ATTORNEY REYIEW X Yes No Cnuncil Resokr�i�o� Required? ` Resolution Required? Yes No Yes X No Insurance Required? � Insurance Sufficient? Yes No Yes X No Insurance.Attached: � . . _ . . �� (SEE •REVERSE SIDE FOR INSTRUCTIONS) , Revised 12/84 . . y�-�% '/`='`'� f ?Y�,' ��}U�11111I / �>���T• �:�Q CITY OF SAINT PAUL 3�0 �i;, ;; � OFFICE OF 7HE CITY ATTORNEY , ���u�u��� ;!, '�,m ����°f " � � EDWARD P. STARR, CITY ATTORNEY ^` �.�_ . , ��.y; ''r�;;�.�'n°'m���'�� ��`. ' .� ���,�� , � 647 City Hall, Saint Paul, Minnesota 55102 � R� �; 612-298-5121 GEORGE LATIMER L�� � � � . MAYOR ' �_.._ ���t �::�� � SEP301987� 9 September 30, 1987 � r- ��u[����Me�e�s o ;��f\�(k(l �O.NNEN/ i Council Member Kiki Sonnen � N Seventh Floor City Hall Dear Council Member Sonnen: Regarding the proposed amendment to section 91 . 12 of the Legis- lative Code pertaining to billings by the Water Department, the Council has before it the following amendment: The Board shall not discontinue service to a tenant because of a delinquent account owed or incurred by a prior customer at the service address . The Board shall not bill a tenant for a delinquent account owed or incurred by a prior customer at the service address . It is proposed to amend the above language as follows : The Board shall not discontinue service to a tenant because of a delinquent account owed or incurred by a prior customer at the service address . The Board shall not knowingly bill a tenant for a delinquent account owed or incurred by a prior customer at the service address . (New word to be added is under- scored. ) The purpose of adding the word "knowingly" is to make it clear than an unintentional billing of a tenant for an account incurred by a previous customer will not be a violation of the ordinance . I believe that is consistent with the original intent of the author of the ordinance , and if you have any further questions , please call me . Y rs very tru , l ) J � J . S GAL As ' sta ity Attorney � JS:cg Mayor Council Members City Clerk Thomas Mogren ' �� � � - � �-�,� ��J� . ����� . i.ww orricas or SOUTHERN MINNESOTA REGIONAL LEGAL SERVIGES, INC. 300 MINNESOTA BUILDINO FOURTH AND GEDAR STREETS ST. PAUL, MINNESOTA 55101 ATTORNEYS � MARY JO HROOKS �812� 2Q2-3$63 MARTHAA.EAVES 1(AREN P.ELLIN650N HRUCE A.sENEAE HERNICE L PIELDS tXtCUTIVt DllllCiOf ELLEN OAV1N KATHERINS HADLEY PATAIGIA ANN HRUMIiER HVE R.HERSHGOPP . fR0 AoNO COpRD1NwiOR . � �ERALD O.KALUZNY PAS�LEOwLS - ROYCC LAwSON JANES A.LEE.JR. r�7RICL O�ltNNOtlfi STEVEN C.NOON It�7HLE[N M.tv6sLOt September 1 5� 19 87 THOtdAS O.SpUIRE 1[�7HY MCDONOUON lIARY ovtRTON �WEN A.N'EgNER JANET WERWESS ������ STEVEN wOLFE Jerome J. Segal . • Assistant City Attorney � Office of the City Attorney 647 City Hall . St. Paul, MN 55102 Dear Mr. Segal: . Thank you for sending me a copy of the proposed ordinance which would amend Section 91.12 of the St. Paul Legislative Code. I have reviewed the proposed ordinance and I believe that an • additional sentence should be added to the proposed ordinance to clarify that tenants will not be billed for water service charges which they have not incurred. I am proposing that the proposed amendment to Section 1 12 0� � the St. Paul Legislative Code read as follows: ���rt/r' The Board shall not discontinue e ice to tenant because of a delin uent ccount owed or incurred b a rior customer the service � address. The Board shall no bill a tenant for a delinquent account owed or incurred by a prior customer at the service�a dress. I believe tlzat the above noted change is necessary so that tenants are not billed for water service for which they are not legally liable. One of my clients has informed me that she recently received a bill. from the water utility which includes the delinquent charges from the previous customer at her service address. This appears to be an attempt by the water utility to collect water service charges from a tenant who has not incurred the charges. Therefore, I believe it is important that the proposed change to the ordinance include a provision that tenants will not be billed for water service charges which they have not incurred. • � � � - . . . �7-���,� � • - ,• ' � CITY OF ST. PAUL No.��� � yY�7 OFFICE OF THE BOARD OF WATER COMMISSIONERS RESOLUTION—GENERAL FORM COMMISS ONER �chrac� DATF_�Lt�d� lgw, 1987 RESOLVED WI-�ERD�•S, The present policy o£ the Hoard of Water Commissioners as set forth in the City Code does not provide that the Board wi11 not discontinue water service to a tenarat because of the non-payment of a previous bill incurred or owed by a previous tenant; and WHEREAS, The staff of the Water Utiiity recommends that this poliey of the Board be revised and th�t the City Council be request�d to concur in this regard by amending �ection 91.12 of the Legislative Cod� containing the regulations of �he Water Utility; and WHEREAS, The Board has a continuing lien upon the real prop�rty served by the Utility for unpaid water services and the staff vf the Utili.ty has recommended that th� City Council authorize the colleetion caf unpaid water and sewer s�rvice charges by the certification thereof to the County Auditor to be collected with the other taxes on the served property; now, therefore, be it RESOLVED� By the Board of Water Commissioners of the City of Saint Paul that the Council of the City of Saint Paul is hereby requested to adopt the following amendments to the Saint Paul Legislativ� Code� being the regulation� for the Water Utility: 91.12. Shut-off for non-payment or violation of rules, r^or violation of any rule or for non-payment of any and all charges, including water bills, when due� the board may discontinue �ervice and shut off the water supply, in accordance with Chapter 46 of the St. Paul Legislative Code. The board shall not discontinue service to a tenant because of a delinquEnt account owed or incurred by s prior customer at the service address. 91.14. Unpaid service ch�rges. Unpaid service charges shall become a continuing lien upon th� property 5erved until paid. �ervice charges, including sewer gervic� eharges, which ar� delinquent as of September 1 of each year may be certified to the county auditor to be collected and remitted to the city treasurer in the �ame manner as are assessments for local improvements. Water Commissioners Adopted by the Board of Water Commissioners Yeas Nays Drs� Vic• Prasid•n� �a►chrach Au�at I9 $7 19 — PrRSidsnt Nicoaia In favor � — Opposed � �- � SECY. �S66 1M 10-60 � p (��'� �-�J`J 7 � / 7�f91 Proposed Amendment to Section 91.12 of the St. Paul Legislative Code After the last sentence of Section 91. 12 insert: The Board shall not bill a tenant for a delinquent account owed or incurred by a prior custamer at the service address. ��t — .� �7 � . �2nd' ' -a?� -�7 � , 7 3rd Q-�3`�7 Adopted 7 —�a�'�7 � Yeas �a�ys 7—8 / DRc"W NICOSIA ���7— /�S y �rl , !. _ KETTt�IAN � � � . SCFiEIBEL , - SO\'\�v . WILS 0� 4r'EIDA PFtSIDENT: ' , � . .�____�__..._.e,v�_.._ �____..._..._._-- ' � �� _ _ ' \ . = • ' _ -- ' . .._.