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File #: 2006-2011    Version: 1
Type: Ordinance Status: Passed
File created: 11/10/2011 In control: Rules & Reference Committee
On agenda: 12/5/2011 Final action: 12/7/2011
Title: To amend various sections of Chapter 1163 of the Columbus City Codes, 1959, that addresses Tenant Direct Billing agreements for the Power Section within the Department of Public Utilities, Division of Power and Water; and to repeal the existing sections being amended.
Sponsors: Eileen Paley
Explanation
This ordinance authorizes amendments to Columbus City Codes, Title 11, Water, Sewer and Electricity Code, Article V, Electricity, Chapter 1163, hereby removing language pertaining to tenant direct billing agreements. Tenant direct billing agreements will no longer be in use.
 
This ordinance authorizes that owners of real estate premises with City of Columbus electricity service shall, in good faith, cooperate with the Division of Power and Water's efforts to collect revenue pertaining to delinquent tenant accounts.  
 
This ordinance is necessary for the City of Columbus to ensure that the Department of Public Utilities' tenant billing business practices remain consistent with other power industry providers within the Central Ohio area.
 
Fiscal Impact: None, due to the implementation of other collection efforts.
  
Title
To amend various sections of Chapter 1163 of the Columbus City Codes, 1959, that addresses Tenant Direct Billing agreements for the Power Section within the Department of Public Utilities, Division of Power and Water; and to repeal the existing sections being amended.
Body
WHEREAS, it is necessary to amend Columbus City Codes, Title 11, Chapter 1163.20 and 1163.21 Water, Sewer and Electricity Code, Article V, to remove language referring to tenant direct billing of Power Section accounts; and
WHEREAS, the Department of Public Utilities, Division of Power and Water wishes to remain consistent with the business practices of other power industry provider in Central Ohio; and
WHEREAS, the Department of Public Utilities, Division of Power and Water is taking other active measures against Power Section delinquencies; and
WHEREAS,  it is necessary to revoke Power Section tenant direct billing agreements for the Department of Public Utilities, Division of Power and Water; now, therefore,
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF COLUMBUS:
Section 1       That Section 1163.20 of the Columbus City Codes, 1959, shall be and is hereby amended to read as follows:
 
-1163.20 - Unpaid chargesOwner liable Collection of Delinquent Charges and Owner Responsibilities.
 
A.      The division may collect unpaid City of Columbus electric charges by actions at law, in the name of the city, from an owner, tenant, or other person who is liable to pay the
      charges.
 
B.      Notwithstanding section A, owners of real estate premises with electricity services will not be held liable for electric charges incurred by tenant's usage when the tenant is the
      Division of Power and Water customer of record.
 
      Owners of real estate premises with electricity services shall, in good faith, cooperate with the Division of Power and Water in the division's efforts to collect revenue
      pertaining to delinquent tenant accounts. The owners of real estate premises installing or maintaining electricity service shall be liable for all electric charges incurred for
      service at said premises.
 
C.      The division will directly bill a tenant for electricity service if the property owner, or authorized agent of the property owner, along with the tenant, sign a written agreement
      authorizing direct billing of the tenant. Once a written agreement is signed, the division will simultaneously mail, to both the owner and the tenant, copies of any bills and notices
      concerning delinquent electricity charges. This requirement shall affect contracts made on or after the effective date of this paragraph.
 
D.      Direct billing of a tenant shall be in no way construed as to relieve the owner of the real estate premises of liability for electricity service charges. No direct billing of a tenant
      will be allowed where all delinquent electricity charges are not paid in full up until the date the direct billing agreement is accepted by the city, or where electricity service has
      been terminated for real estate premises.
 
E.      The owner of real estate premises by installing or maintaining electricity service from the city is deemed to assent to all rules and regulations of the Division of Power and
      Water and ordinance of the city pertaining to electricity service and distribution.
C.      The owner of real estate premises by installing or maintaining electricity service from the city is deemed to assent to all rules and regulations of the Division of Power and
      Water and ordinance of the city pertaining to electricity service and distribution.
 
 
 
Section 2      That Section 1163.21 of the Columbus City Codes, 1959, shall be and is hereby amended to read as follows:
 
-1163.21 - Billing, meter readingTerms of payment.
 
A.      Billing. The city may render bills for electricity service on a monthly basis.
B.      Electricity Bill Calculations. All meter readings and billings may be in units of kilowatt hours or kilowatt hours and demand and there shall be no proration of rates, except       demand and customer charges and rates which may be prorated at the time of a rate change.
 
C.      Termination for Nonpayment of Accounts. Electricity service may be terminated for nonpayment of any and all charges now and hereafter in force. Termination of electricity       service for nonpayment of account shall be pursuant to the provisions of city code Section1160.03
 
      Electricity service will not be resumed until all service charges due and payable have been collected or a suitable payment agreement has been received from the customer of       record or the owner of the real estate.
 
            The customer of record shall be responsible for payment of all applicable service charges as defined in city codeChapter 1163.
 
D.      Billing Disputes. Customers of record and owners of the real estate wishing to contest any service charges for which they have been billed shall contact the Division of Power       and Water at the phone number and/or address provided on the bill, to discuss the matter with a division customer service representative. If the billing dispute is not resolved
      through discussion with division customer service representatives, the customer of record or owner of the real estate may file a request for a hearing on the matter with the
      director, pursuant to provisions set forth in city code Section1160.03 (C).
 
Section 3      That existing Sections 1163.20 and 1163.21 of the Columbus City Codes, 1959 be and are hereby repealed.
Section 4      That this ordinance shall take effect and be in force from and after the earliest period allowed by law.