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HomeMy Public PortalAboutOrd. 874 - Continuous Utility BillingORDINANCE NO. 874 AN ORDINANCE OF THE CITY OF MCCALL, A MUNICIPAL CORPORATION OF THE STATE OF IDAHO, AMENDING TITLE VI -UTILITY SERVICES, OF THE CITY CODE, MCC 6.4.150, TO IMPLEMENT CONTINUOUS UTILITY BILLING; PROVIDING FOR EXEMPTIONS; PROVIDING SEVERABILITY; REPEALING CONFLICTING PROVISIONS; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the City of McCall currently allows approximately 200 (and growing) seasonal customers to tum services on or off at their discretion; and WHEREAS, this practice by customers is becoming more common and is impacting the operating revenue of the sewer and water funds; and WHEREAS, the Mayor and City Council are cognizant of their duty to heed the well being and best interests of the citizens of the City of McCall as a whole, and that sometimes such best interest of the community as a whole will be in conflict with the interests of some individuals residing in the community; and WHEREAS, the Mayor and City Council desire to provide the best utility customer service possible at the most reasonable rates attainable and believe it is their duty to take the necessary actions to minimize losses and undue administrative costs caused by customers who tum services on or off at their discretion; and WHEREAS, on April 24, 2008 the City Council adopted Ordinance 855 authorizing the issuance of sewer revenue bonds; and WHEREAS, on April 24, 2008 the City Council adopted Resolution 08-10, setting the sewer base rate to a rate that would make it possible for the City to pay the revenue bonds; and WHEREAS, on November 19, 2009 Council directed staff to review the Sewer rate model to determine if it would be possible to reduce the base rates; and WHEREAS, on December 17, 2009 Council directed staff to pursue a code change to authorize continuous utility billing; and WHEREAS, on January 21, 2010 Council had a water/sewer rate model work session; and WHEREAS, a Public Hearing was held on February 11, 2010 to hear public testimony regarding continuous utility billing; and WHEREAS, the Mayor and City Council desire to minimize service revenue losses from accounts that have turned off service and is of the opinion that under certain conditions, to mitigate such loss, it is reasonable for all service accounts to pay the base rate even when service has been turned off; and Ordinance No. 874 April 22, 2010 WHEREAS, some expenses related to the water and sewer utilities are not dependent upon actual use of those utilities; and WHEREAS, some expenses related to the water and sewer utilities are necessary in order to maintain those utilities and allow them to be available when needed; and WHEREAS, some of the expenses related to the water and sewer utilities are payments on bonded indebtedness that do not change regardless of usage; and WHEREAS, continuing to allow seasonal customers to tum off water service with resulting non-collection of base water and sewer utility charges places an undue burden on other utility customers and jeopardizes the City's ability to operate and maintain its water and sewer utilities; and WHEREAS, requiring all water and/or sewer utility customers to pay base rates, subject to certain exemptions, will improve the financial viability of those utilities; and WHEREAS, it is reasonable to consider, on a case-by-case basis, an exemption for certain classes of accounts, including irrigation-only accounts and accounts held by governmental entities; and WHEREAS, the Mayor and City Council believe it is in the best interest of all rate payers that all rate payers pay the base water and/or sewer charges, subject to certain exemptions. NOW, THEREFORE, BE IT ORDAINED by the Mayor and City Council of the City of McCall, Valley County, Idaho as follows: Section 1. Title 6, Chapter 4, Section 150 shall be amended to read as follows: 6.4.150: FEES AND REQUIREMENTS FOR TURNING ON/OFF WATER, AND SEWER SERVICES CHA.RGE8 TURNING OFF 'Ni\.TER: Whenever the owner of any premises connected with the city water supply system and/or sewer collection system, or his their legally authorized agent, desires to begin sewer and/or water service .. he the owner or agent shall notify the city treasl:1rer Utility Billiftg Specialist City at least 48 hours in advance and pay a tum on fee in the amount set from time to time by the city council by resolution and shall be charged the full monthly rate for the month in which service begins. Whenever the owner of any premises connected with the city water supply system or sewer collection system, and receiving such water sef\'ice and/or sewer services, or his their legally authorized agent, desires to discontinue such service, he the owner or agent shall notify the city treasl:1rer Utility BiUiftg Specialist City in writing at least 2 (two) days in advance. A fee shall be charged for such turnoff in the amount set from time to time by the city council by resolution .. and the full moftthly rate shall ae charged f'Qr the moftth ift 'lfhich service is discofltiRl:1ed. Beginning when the water and/or sewer service is first turned on after April Ordinance No. 874 April 22, 20 I 0 2 22,2010 and during any subsequent time period in which sewer and/or water service is turned off, there will be no reduction in the monthly water and sewer base charges. Section 2. Title 6, Chapter 4 shall be amended to add a new Section 151, to read as follows: 6.4.151: EXEMPTIONS A water user which is also a public, governmental entity, or a water user with an account which is for irrigation water only, may apply to the City for permission to temporarily suspend water service and the associated monthly charges related thereto. If the City grants such permission, the water user will pay a tum off fee, the water account and corresponding wastewater account (if any) will be placed on hold, and monthly water and wastewater charges shall be suspended until such time as the water user pays the tum-on fee and the water service is restored to the water user's account. This section providing for exemptions shall expire on July 1, 2013 and thereafter no exemptions will be granted. Section 3. Severability. This ordinance is hereby declared to be severable. Should a court of competent jurisdiction declare any portion of this ordinance invalid, the remaining provisions shall continue in full force and effect and shall be read to carry out the purpose(s) of the ordinance before the declaration of partial invalidity. Section 4. Effective Date. This ordinance is effective immediately after its passage and publication as required by law. PASSED BY THE MAYOR AND COUNCIL OF THE CITY OF McCALL, IDAHO, THIS 22 DA Y OF APRIL, 2010. CITY OF McCALL Valley County, Idaho Ordinance No. 874 April 22, 2010 3