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HomeMy Public PortalAboutOrd. 521 Water BillingORDINANCE NO. 5-1../ AN ORDINANCE RELATING TO WATER BILLING; AMENDING SECTION 8-1-41 OF THE VILLAGE CODE OF McCALL, IDAHO, TO CHANGE THE HEADING OF SUCH SECTION AND TO STRIKE PROVISIONS RELATING TO TURNING OFF WATER; AMENDING SECTION 8-1-42 OF THE VILLAGE CODE OF McCALL, IDAHO, TO STRIKE PROVISIONS RELATING TO NOT- ICE AND OF TURNING OFF WATER AND PROVIDING FOR PAY- MENT OF A MONTHLY SERVICE CHARGE BEFORE WATER IS TURNED ON AGAIN; AMENDING CHAPTER 1 OF TITLE VIII OF THE VILLAGE CODE OF McCALL, IDAHO, BY THE ADDITION OF A NEW SECTION 8-1-43D TO PROVIDE FOR A MONTHLY SERVICE CHARGE ON DELINQUENT WATER BILLS; AND AMENDING SECTION 8-1-46 OF THE VILLAGE CODE OF McCALL, IDAHO, TO PRO- VIDE THAT PENALTY CHARGES AND MONTHLY SERVICE CHARGES ON UNPAID WATER BILLS SHALL BE CERTIFIED TO THE VALLEY COUNTY TLX COLLECTOR FOR COLLECTION IN THE MANNER PROVIDED BY LAW FOR COLLECTION OF TAXES. BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF McCALL, IDAHO, AS FOLLOWS: Section 1. That Section 8-1-41 of the Village Code of McCall, Idaho, be, and the same is hereby amended to read as follows: 8-1-41: DELINQUENT BILLS - +HTEREST - PENALTY - TURNING OFF WATER: All bills for water are due and ?payable on the first day of the month following the month in which they are issued, and shall be delinquent at the close of office hours of the tenth day of the month in which such payments fall due; provided, that if such tenth day of the month falls on a legal holiday, then such bills shall be delinquent at the close of office hours of the next succeeding business day. If not paid before delin- quency a penalty of ten percent (100) of the amount so due shall be added to said amount due. When sueh water bills have heen delinguent and unpaid for five 45} days, -the eater Rate Eelleeter shall prepare and deliver to the Water Department a list of the premises en whieh said hills are delinquent and unpaid, and the Water Department shall ferthw4th turn eff the water at all sueh premises - Section 2. That Section 8-1-42 of the Village Code of McCall, Idaho, be, and the same is hereby amended to read as follows: 8-1-42: PAYMENT OF DELINQUENT ACCOUNTS -- TURNING ON WATER: He netiee shall he reguired to be g4ven to any owner, lessee er eeeupant of any premises; er to any persen interested therein; hefere the water shall he turned eff at any-sueh premises heeause of delingueney; but the terms of this ehapter shall be deemed suffieient netiee that the water, under sueh eireumstanees shall be shut eff.- When water has been turned off because of delinquency in payment, The water shall not be again turned on until such charges, including the delinquency charge of ten percent (100), monthly service charges and a special charge of sixty dollars ($60.00) for shutting off and turning on the water, shall have been added to the face of the delinquent bill and the entire sum paid. • i r- • '4 • Section 3. That Chapter 1 of Title VIII of the Village Code of McCall, Idaho, be, and the same is hereby amended by the addition thereto of a NEW SECTION, to be known and desig- nated as Section 8-1-43D of the Village Code of McCall, Idaho, and to read ab follows: 8-1-43D: SERVICE CHARGE ON DELINQUENT ACCOUNTS - NOTATION ON MONTHLY BILLING STATEMENT: (A) A 1 1/2% monthly service charge (18% annually) shall be added to any water bill not paid within thirty (30) days past the due date thereof. (B) On all monthly water billing statements the following notation shall appear: "A 1 1/2% monthly service charge (18% annually) shall be added to any water bill not paid within thirty (30) days past the due date thereof." Section 4. That Section 8-1-46 of the Village Code of McCall, Idaho, be, and the same is hereby amended to read as follows: 8-1-46: CHARGES/ A LIEN: On or before the third Monday of September of each year the chairman and clerk of the Board are hereby ordered and directed to certify all unpaid water charges ,penalties and service charges together with a legal description of the premises to which such water service was furnished, to the Tax Collector of Valley County, Idaho, the same to be charged against such premises and to become a lien thereon, and the same to be collected in the manner provided by law for collection of State and County Taxes. Passed and approved this J1---' day of , 198 Fr. • rUnLibr Itri-J HrriuHvl i ur runuum 1 lids STATE OF IDAHO SS. County of Valley I, Lorrice Platt, being duly sworn deposes and says, I am the recep- t of The Central Idaho Star -News, a weekly newspaper publish- t McCall, in the County of Valley, State of Idaho; that said ,paper is in general circulation in the county of aforesaid and is a legal newspaper; that the �3DINANOE' NO. 521 a copy of which is attached hereto and made a part hereof, was published in said newspaper once a week for con- secutive weeks in the regular and entire issue of every number thereof during the period and time of publication, and was published in the newspaper proper and not in a supplement; and that publication of such notice began, February 17 ,19 88 and ended, February 17 19 88 Subscribed and sworn before me, this the 18th day of February 19 STATE OF IDAHO, COUNTY OF VALLEY, ss.. On this1-sth day of February 19 before me, a Notary Public in and for said State, personally appeared Lorrice Platt known to me or identified to me to be the receptionist of the corporation that executed the instrument or the person(s) who executed the instrument on behalf of said cration, and acknowledged to such corporaexecutedthe same. ORDINANCE NO. 521 AN ORDINANCE RELATING TO WATER BILLING; AMENDING SEC- TION 8-1-41 OF THE VILLAGE CODE OF McCALL, IDAHO, TO CHANGE THE HEADING OF SUCH SECTION AND TO STRIKE PROVISIONS RELATING TO TURNING OFF WATER; AMENDING SECTION 8-1-42 OF THE VILLAGE CODE OF McCALL, IDAHO, TO STRIKE PROVISIONS RELATING TO NOTICE AND OF TURNING OFF WATER AND PROVIDING FOR PAYMENT OF A MONTHLY SERVICE CHARGE BEFORE WATER IS TURNED ON AGAIN; AMENDING CHAPTER 1 OF THE TITLE VIII OF THE VILLAGE CODE OF Mc - CALL, IDAHO, BY THE ADDITION OF A NEW SECTION 8-1-43D TO PROVIDE FOR A MONTHLY SERVICE CHARGE ON DELINQUENT WATER BILLS; AND AMENDING SECTION 8-1-46 OF THE VILLAGE CODE OF McCALL, IDAHO, TO PROVIDE THAT PENALTY CHARGES AND MONTHLY SERVICE CHARGES ON UNPAID WATER BILLS SHALL BE CERTIFIED TO THE VALLEY COUNTY TAX COLLECTOR FOR COL- LECTION IN THE MANNER PROVIDED BY LAW FOR COLLECTION OF TAXES. BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF McCALL, IDAHO, AS FOLLOWS: Section 1, That Section 8-1-41 of the Village Code of McCall, Idaho, be, and the same is hereby amended to read as follows: 8-1-41: DELINQUENT BILLS - INTEREST - PENALTY - TURNING OFF WATER: All bills for water are due and payable on the first day of the month fol- lowing the month in which they are issued, and shall be delinquent at the close of office hours of the tenth day of the month in which such payments fall due; provided, that if such tenth day of the month falls on a legal holi- day, then such bills shall be delinquent at the close of office hours of the next succeeding business day. If not paid before delinquency a penaltt: of ten percent (10%) of the amount so due shall be added to said amount due. When such water bills have been delinquent and unpaid for five (5) days, the Water Rate Collector shall prepare and deliver to the Water Department a list of the premises on which said bills are delinquent and unpaid, and the Water Department shall forthwith tum off ihe water at all such premises. Section 2. That Section 8-1-42 of the Village Code of McCall, Idaho, be, and the same is hereby amended to read as follows: 8-1-42: PAYMENT OF DELINQUENT ACCOUNTS - TURNING ON WATER: No notice shall be required to be given to any owner, lessee or occupant of any promises, or to any person interested therein, before the water shall be turned off at any such premises because of delinquency, but the terms of this Chapter shall be deemed sufficient notice that the water, under such circumstances shall be shut off. When water has been turned off because of delinquency in payment The water shall not be again turned on until such charges, including the delin- quency charge of ten percent (10%), monthly service charges and a special charge of sixty dollars ($60.00) for shutting off and tuming on the water, shall have been added to the face of the delinquent bill and the entire sum paid. Section 3. That Chapter 1 of Ti- tle VIII of the Village Code of McCall, Idaho, be, and the same is hereby amended by the addition thereto of a NEW SECTION, to be known and designated as Section 8-1 -43D of the Village Code of McCall, Idaho, and to read as follows: 8-1-43D: SERVICE CHARGE ON DELINQUENT ACCOUNTS - NOTA- TION ON MONTHLY BILLING STATE- MENT: (A) A 1-1/2 percent monthly ser- vice charge (18 percent annually) shall be added to any water bill not paid within thirty (30) days past the due date thereof. (B) On all monthly water billing statements the following notation shall ap- pear: "A 1-1/2 percent monthly service charge (18 percent annually) shall be added to any water bill not paid within thirty (30) days past the due date thereof." Section 4, That Section 8-1-46 of the Village Code of McCall, Idaho, be, and the same is hereby amended to read as follows: 8-1-46: CHARGES/ A LIEN: On or before the third Monday of September of each year the chairman and clerk of the Board are hereby ordered and directed to certify all unpaid water charges, penalties and service charges together with a legal description of the premises to which such water service was furnished, to the Tax Collector of Valley County, Idaho, the same to be charged against such premises and to become a lien thereon, and the same to be collected in the manner provided by law for collection of State and County Taxes. Passed and approved this llth day of February, 1988. /s/John Allen Jr. Mayor Attest: /s/Auther J. Schmidt City Clerk 2-17-1t Tom Grote Notary Public Residing at McCall, Idaho Commission Exoires: 1993 CERTIFICATE OF RECORDING OFFICER STATE OF IDAHO ) ) ss COUNTY OF VALLEY) I, the undersigned, the duly appointed, qualified, City Clerk of McCall City, Idaho, do hereby certify the following: 1. That pursuant to the provisions of Section 50-207, Idaho Code, I keep a correct journal of the proceedings of the Council of McCall City, Idaho, and that I am the statutory custodian of all laws, ordinances and resolutions of said City. 2. That the attached Ordinance No. 5/ is a true and correct copy of an ordinance passed at a regular meeting of the Council of McCall City held on jJ 1( , 19g g , and duly recorded in my office; and 3. That said regular meeting was duly convened and held in all respects in accordance with law and to the extent required by law, due and proper notice of such meeting having been given; that a legal quorum was present throughout the meeting and that a legally sufficient number of members of the Council of McCall City voted in the proper manner and for the passage of said ordinance; and that all other requirements and proceedings incident to the proper adoption and passage of said ordinance have been duly fulfilled, carried out and observed; and that I am authorized to execute this certificate. IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal of the City of McCall, Idaho, this / 7 day of , 19 Ea. Arthur J,//Schmidt, City Clerk (Seal of the City)