Utilities has been authorized by the electors of the City to contract with the City, on behalf of its Stormwater Enterprise, to invoice, bill, and collect Stormwater service fees directly to the owners or occupants of property. In the context of this provision, "bill" includes invoice, bill, and collect. Upon such an agreement, for the billing of properties, Utilities will bill Utilities' applicable customers and those customers will constitute the owners or occupants of properties as established in section 14.8.109 of this Code. Utilities will bill the established fee in each applicable Utilities bill period to each applicable customer through Utilities standard billing practices. Utilities' bill periods may not align with calendar months, but customers will be billed the appropriate Stormwater service fees over time. Utilities may prorate Stormwater service fees when an applicable customer is billed for a partial bill period. Upon termination of utility service, no partial Stormwater service fee refunds will be granted, as the Stormwater service fee is incurred in full upon billing.
Except for refunds processed through Utilities' standard operating procedures, in the event that any Stormwater service fees collected by Utilities and paid to the Stormwater Enterprise are required to be refunded, the Stormwater Enterprise will be responsible to make such refunds and to comply with any applicable requirements. In accordance with Colorado Springs City Charter section 13-80, the City Attorney will defend any claim brought against Utilities related to Stormwater billing. Subject to recovery from other parties, the Stormwater Enterprise will be responsible for costs and legal expenses associated with such defense.
In the event billing and collection of Stormwater service fees, or any component portion of such fees, is handled by Utilities, such charges will be deemed to constitute "user charges" and be subject to the collection procedures and remedies provided in sections 12.1.112 and 12.1.113 of this article, in the same manner as for utility service. In such case, Utilities employees designated by the Chief Executive Officer will have the same powers and authority granted herein to City employees designated by the Stormwater Enterprise Manager to take actions for collection of Stormwater service fees and enforcement. (Ord. 18-48; Ord. 19-80)