HomeMy WebLinkAbout029900 ORD - 07/16/2013Ordinance adopting the Appeals Process for the Street
Maintenance Fee attached as Exhibit "A" (Appeals Process);
authorizing the City Manager to establish rules and
procedures related to the Appeals Process; and authorizing
the City Manager to take actions necessary to effectuate its
purposes.
WHEREAS, on June 25, 2013, the City Council adopted Ordinance No. 029876
which established the Street Maintenance Fee;
WHEREAS, on June 25, 2013, the City Council adopted Ordinance No. 029877
which established the policies, rates, and methodologies for the Street
Maintenance Fee;
WHEREAS, Ordinance No. 029877 requires the City Council to adopt an appeals
process related to the Street Maintenance Fee;
WHEREAS, the City Council desires to adopt an appeals process in order to
provide customers with a way to appeal certain limited factors used to calculate
the Street Maintenance Fee;
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS
CHRISTI, TEXAS:
SECTION 1. An Appeals Process for the Street Maintenance Fee attached as
Exhibit "A" (Appeals Process) is adopted for purposes of providing a way for a
customer to appeal certain limited factors used to calculate the Street
Maintenance Fee shown as a charge on the customer's city utility bill.
SECTION 2. The City Manager is authorized to establish rules and procedures to
administer the Appeals Process.
SECTION 3. The City Manager is authorized to take all actions necessary to
give effect to the stated purposes of the Appeals Process.
Armando Chapa
City Secretary
ITY OF CORPUS CHRISTI
Nelda M rtinez
Mayor
ORD adopting Appeals Process for the Street MaintenaGtee o
Page 1 of 2
INDEXED
That the foregoing or n. ce was red fo the first time and passed to its second
reading on this the 1 day of - 2013, by the following vote:
Nelda Martinez
Kelley Allen
Rudy Garza
Priscilla Leal
David Loeb
That the for IQ 'd gong ordinance
this the (ay of
Nelda Martinez
Kelley Allen
Rudy Garza
Priscilla Leal
David Loeb
Chad Magill
Colleen McIntyre
Lillian Riojas
Mark Scott
ad for the second time and passed finally on
2013, by the following vote:
Chad Magill
Colleen McIntyre
Lillian Riojas
Mark Scott
•
PASSED AND APPROVED this the 1 day of
ATTEST:
Armando Chapa
City Secretary
, 2013.
CITY OF CORPUS CHRISTI
� 1
-.s
Nelda Martinez
Mayor
ORD adopting Appeals Process for the Street Maintenance Fee Page 2 of 2
029900
City of Corpus Christi
Street Maintenance Fee
Payment and Appeals Process
The charge of the Street Maintenance Fee (SMF) is reflected on a customer's monthly
utility bill. Calculation of the SMF is based on several factors and charged to benefitted
properties in accordance with Article XX of Chapter 55 of the Code of Ordinances. Payment
of the SMF is part of a customer's utility bill payment. Payment can be made through the
same process utilized for all other utility bill payments. The City's Utility Business Office
(UBO) is the main point of contact for customers regarding the SMF.
Residential Customers may contest their residency status or active meter status.
Once UBO receives notice of a request a change to residency status or active meter status, a
UBO Resolution Officer will verify the customer's information and status. If the requested
change is warranted, the UBO will correct the record and revise the bill accordingly.
Residential Customers who are eligible may request a Low Income Discount (Discount).
The customer will need to fill out an application form provided by UBO and then submit the
completed form to the Nueces County Department of Human Services (NCDHS) for
processing and approval (using the same screening process as NCDHS' Operation Heat
Help). If NCDHS determines the customer is eligible to receive a Discount, the NCDHS will
issue an approval voucher or certificate, which the customer will then provide to UBO in
order to apply for a Low Income Discount adjustment to the SMF. The Low Income Discount
is 50% of the customer's SMF and is good for one year only. One year after the Discount is
applied, a customer's charge of the SMF will be automatically reinstated. Customers must
reapply on a yearly basis (through the same NCDHS and UBO procedure described above) in
order for the Discount to apply to the customer's bill for the next year. It is a customer's
responsibility to apply for a Discount. If a customer fails to apply for a Discount in any year,
they will be required to pay the full amount of the SMF. The City will not issue refunds or
credit related to the Low Income Discount.
Non - Residential Customers may appeal certain factors used in calculating the SMF by
filing for an appeal. Appealable factors include: square footage (SF), land use
designation (LUD), multi- meter /single business square footage cap application,
the number of active water meters, and residency status — inside city limits/outside
city limits (ICL/OCL) status. UBO provides Appeal Request Forms with instructions.
The customer will complete an appeal form and submit it to the UBO for processing. Upon
receipt of a completed appeal form, a UBO Resolution Officer will conduct a review. . If
the UBO Resolution Officer recommends approval of the appeal, the city records will be
updated and the customer's bill will be adjusted. If the appeal is denied, a customer may
appeal to the Street Maintenance Fee Appeals Board (Board). If the Board approves,
the records will be updated and the bill will be adjusted. If the Board denies the appeal,
then there will be no change to the customer's bill. Bill adjustments will be by credit or
refund.
Appeals Process Exhibit A 1 of 3
Three types of appeals require processing.
1. Square Footage (SF) Appeal - Square footage is defined as: Square footage
as recorded by the Nueces County Appraisal District tax records as living
area'.
UBO will direct the customer to the Nueces County Appraisal District (NCAD) where
customers will file an appeal with the NCAD. Upon receipt a completed appeal form, the
NCAD will assess the property to determine whether a change to the square footage of living
area shown in the NCAD records is warranted. If NCAD approves the change, NCAD will
update the NCAD records and provide UBO with the new square footage. UBO will
coordinate with Development Services to update city records. UBO will adjust the bill and
notify the customer. Bill adjustments will by credit or refund.
2. Land Use Designation (LUD) Appeal - Land Use is defined as: Land uses
identified and described in the Street Maintenance Fee Trip Factor Index
derived from the ITE land use codes in the ITE Trip Generation Manual 9`h
Edition.
The customer will complete an appeal form and submit it to the UBO for processing. Upon
receipt of a completed appeal form, the UBO Resolution Officer will research the request and
coordinate with . Development Services staff to recommend an approval or denial of the
requested change in the land use. If a change is approved, Development Services will
update their records and coordinate with UBO to confirm the changes made and notify the
customer. Bill adjustments will be a credit or refund. If the appeal is denied, the customer
may request appeal to the Street Maintenance Fee Appeals Board. If the customer
does not appeal to the Board, there will be no change in the land usage. If the customer
requests to appeal to the Board, UBO will notify the customer of Street Maintenance Fee
Appeals Board scheduled hearings.
3. Multi - Meter /Single Business Square Footage Cap Application Appeal —
Multi-metered properties with one (1) tax id and one (1) business use
which exceed the square foot cap of 118,000 SF.
The customer will complete an appeal form and submit it to the UBO. Upon receipt of a
completed appeal form, the UBO Resolution Officer will research the appeal to make a
recommendation for approval or denial. If the requested change is approved, UBO will
update their records and notify the customer of the changes. Bill adjustments will be a
credit or refund. If the appeal is denied, the customer may appeal to the Street
Maintenance Fee Appeals Board. If the customer does not appeal to the Board, there
will be no change. If the customer files an appeal to the Board, UBO will notify the customer
of Street Maintenance Fee Appeals Board scheduled hearings.
Street Maintenance Fee Appeals Board:
Street Maintenance Fee Appeals Board will be comprised of five (5) members: 1)
Assistant City Manager over Finance, 2) Director of Water or Director of Wastewater, 3)
Director of Street Operations, 4) and 5) Two Citizens appointed by City Manager.
Street Maintenance Fee Appeals Board Hearings: UBO Resolution Officer will
provide the requested documentation and staff recommendation. Customers may advocate
their case to the Board. Development Services will present their findings and
Appeals Process Exhibit A 2 of 3
recommendation, after which the Appeals Board will decide whether to grant or deny the
customer's appeal. If the change is approved and the appeal granted, Development
Services and UBO will update the records to reflect the change. UBO will notify the customer
of the changes made and credit or refund will be made. If the change is denied, no
changes will be made, UBO will inform the customer of the decision, and no refund or credit
will be made.
For additional information contact:
Corpus Christi Call Center
(361) 826 —CITY (2489)
or visit www.cctexas.com
Appeals Process Exhibit A 3 of 3