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Councihnember Zimmerman stated that turning off the water should be the City's last resort. He <br />inquired if there was any action the City could take to assure that the City will get paid the <br />amount owed if the business goes bankrupt. <br /> <br />City Attorney Goodrich explained that if the City were to add the amount to the business tax levy <br />it would be a lien on the property that could not be dismissed as part of a bankruptcy. <br /> <br />Finance Officer Lund explained that it is the City's standard policy that any utility bill that is 60 <br />days past due is placed on a certification list and the property owner has until October of that year <br />to pay the amount due or it is added to their next year property tax statement to be paid in one <br />year. <br /> <br />Councilmember Elvig felt that with the businesses that owed a large amount the City should <br />probably take a more proactive approach, but inquired if that would place the City in a situation <br />of treating people differently. <br /> <br />City Attorney Goodrich replied that he would recommend that the City give all businesses <br />impacted by the error a certain amount of time to pay the amount due and then if they don't pay, <br />than the City should place a lien on all of the properties that have not paid. <br /> <br />Councilmember Cook stated that people might be willing to negotiate a payment plan rather than <br />having a lien placed on their property, which requires the entire amount to be paid in one year. <br /> <br />Councihnember Zimmerman inquired if the City should be sending out a letter to the businesses <br />explaining the error or should the letter come from Connexus Energy since it was their mistake. <br /> <br />Mayor Gamec replied that he would prefer that the letter come from Connexus. <br /> <br />Councihnember Elvig inquired if the City would have some rights to collect the amount of <br />money the City has lost from Connexus Energy. <br /> <br />City Attorney Goodrich replied that the City could file a claim against Connexus, but Connexus <br />would probably file a counter claim against the City, which would most likely include all of the <br />customers impacted by the error. <br /> <br />Mayor Gamec stated that he would like to meet with Connexus and try and work out an <br />arrangement where possibly the City and Connexus share 25 percent of the cost and the <br />remaining 50 percent is billed out. <br /> <br />Councihnember Kurak replied that she would not agree with that. <br /> <br />Councihnember Strommen stated that she thought it made sense to start with Connexus and see <br />if they are willing to take some responsibility and then send out a letter to the customers <br />impacted by the error. <br /> <br />City Council Work Session/October 14, 2003 <br /> Page 2 of 5 <br /> <br /> <br />