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File #: 24-0651    Version: 1 Name: 5/6/24 Resolution to Assess Certain Delinquent Municipal Utility Charges as a Tax and Ordering Collection Thereof
Type: Resolution Status: Passed
File created: 5/6/2024 In control: City Council
On agenda: 5/6/2024 Final action: 5/6/2024
Enactment date: 5/6/2024 Enactment #: R-24-148
Title: Resolution to Assess Certain Delinquent Municipal Utility Charges as a Tax and Order Collection Thereof
Attachments: 1. WATER SCHEDULE A.pdf, 2. R-24-148 Mike Pettigrew Certification for Tax Rolls - Utility Charges signed.pdf

Title

Resolution to Assess Certain Delinquent Municipal Utility Charges as a Tax and Order Collection Thereof

Memorandum

This Resolution requests assessment of certain unpaid charges for municipal utility services to be due as a tax as identified in the attached Schedule A.

 

Chapter 29, Section 2:72 of the City’s Code of Ordinances provides a mechanism for the City to collect unpaid charges that have remained unpaid for a period of six months as an assessment on the tax roll. Pursuant to this Chapter, owners of affected properties identified in Schedule A will be notified of the assessment by first class mail on May 7, 2024, and that the unpaid charges, plus a 10% penalty, will be placed on the July 2024 tax roll unless paid within 30 days.

 

For those customers who express difficulty in paying for service, Customer Service Staff does provide appropriate resources to assist. These resources include referrals to the Barrier Buster Program, as well as various payment plan options. In addition to individual referrals, payment assistance information is available on the City website and is included in past-due notifications. Barrier Busters receives donations from local foundations and municipalities, including the City of Ann Arbor. Based on current funding available and historical assistance usage, it is anticipated that there is funding available for those who qualify for assistance.

 

The total amount to be assessed for the July 2024 tax roll is $213,406.30 (unless paid within the time set forth in the notice to owners); $234,746.96 with the 10% penalty fee.

Staff

Prepared by:  Crystal Allen, Deputy Treasurer

Reviewed by: Michael J. Pettigrew, City Treasurer

Marti Praschan, Financial Services Area Administrator and CFO

                                          Jennifer Richards, Assistant City Attorney

Approved by: Milton Dohoney Jr., City Administrator

Body

Whereas, There were unpaid charges for municipal utility fees (“Unpaid Fees”) within the City as of November 30, 2023;

 

Whereas, All unpaid fees are chargeable against the properties identified in the attached Schedule A pursuant to ordinance, charter, or state law;

 

Whereas, Payment assistance programs, including Barrier Buster and payment plans, are available and offered by staff when needed;

 

Whereas, The City’s Chief Financial Officer has verified that the unpaid fees were incurred by the City and that they are properly chargeable to the property listed on the attached Schedule A;

 

Whereas, The owners identified on the attached Schedule A have been billed in accordance with applicable law but, as of April 8, 2024, all such bills have remained unpaid for a period of 6 months or more; and

 

Whereas, The Chief Financial Officer hereby notifies the City Council of these facts and asks that the City Council assess the amounts against the properties identified in the attached schedule;

 

RESOLVED, That the City Council determine that each unpaid charge identified in the attached Schedule A shall be charged in full and levied against the associated property (and owner thereof) identified on such Schedule A as an assessment in accordance with Chapter 29, Section 2:72;

 

RESOLVED, That the City Clerk or her designee is directed to give notice to the owners of the properties identified in Schedule A of this fact no later than May 7, 2024, in accordance with Chapter 29, Section 2:72; and

 

RESOLVED, If such assessments remain unpaid after the thirty days identified in the notice, a ten percent penalty shall be charged in accordance with Chapter 29, Section 2:72, and the Assessor and Treasurer are hereby directed to levy such assessment amount plus penalty on Summer 2024 tax roll, and shall collect such amounts in the same manner as general City taxes.