HomeMy Public PortalAboutOrd. 587 - City Water Service, Repealing Sec. 8-1-17 of City CodeAo. --.,..~
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Cl ... ORD IN.ANCE NO . SSt'f
AN ORDINANCE RELATING TO CITY WATER SERVICE; REPEALING
SECTION 8-1-17 OF THE VILLAGE CODE OF l1cCALL, IDAHO;
Al1ENDING CHAPTER 1 OF TITLE VIII OF THE VILLAGE CODE
OF l1cCALL, IDAHO, BY THE ADDITION OF A NEW SECTION
8-1-17 OF THE VILLAGE CODE OF l1cCALL, IDAHO, TO PROVIDE
FOR NOTICE TO THE CITY TREASURER FOR TURN ON .AND TURN
OFF OF WATER SERVICE, TO PROVIDE FOR A TURN ON FEE .AND
TO PROVIDE THAT NO FEE SHALL BE CHARGED FOR WATER TURN
OFFS; REPEALING SECTION 8-1-18 OF THE VILLAGE CODE OF
l1cCALL , IDAHO; Al1ENDING CHAPTER 1 OF TITLE VIII OF THE
VILLAGE CODE OF l1cCALL .. IDAHO, BY THE ADDITION OF A
NEW SECTION 8-1-18 OF THE VILLAGE CODE OF UcCALL, IDA.HO ,
TO REQUIRE A $50 . 00 REFUNDABLE DEPOSIT FOR WATER SERVICE ..
TO PROVIDE EXE11PTIONS FROU PAY1'1ENT OF SUCH DEPOSITS , TO
PROVIDE FOR A DEFINITION ; REPEALING SECTION 8-1-19 OF
THE VILLAGE CODE OF l1cCALL , IDA.HO; Al1ENDING CHAPTER 1 OF
TITLE VIII OF THE VILLAGE CODE OF l1cCALL , IDAHO , BY THE
ADDITION OF A NEW SECTION 8-1-19 OF THE VILLAGE CODE OF l1cCALL ,
ID&~O, TO PROVIDE FOR REFUNDS OF WATER DEPOSITS , TO PROVIDE FOR
THE 11Al·niER IN WHICH REFUNDS SHALL BE l1ADE .AND TO PROVIDE
THAT HITEREST SHALL BE PAID ON WATER DEP OSITS .AND TO
PROVIDE HOW SUCH INTEREST SliALL BE PAID . REPEALING
SECTION 8-1-21 , SECTION 8-1-23, SECTION 8-1-34 AND SECTION
8-1-46 OF THE VILLAGE CODE OF l1cCALL , IDA.HO ; Al1ENDING
CHAPTER 1 OF TITLE VIII OF THE VILLAGE CODE OF UcCALL,
IDA.HO , BY THE ADDITION OF A NEW SECTION 8-1-46 OF THE
VILLAGE CODE OF l1cCALL , IDAHO , TO PROVIDE THAT UNPAID
WATER CHARGES, PENALTIES AND SERVICE CHARGES SHALL BE
CERTIFIED TO THE VALLEY COUNTY TAX COLLE CTOR TO BE CHARGED
AGAINST THE PREl1ISES TO WHICH WATER SERVICE WAS FURNISHED,
.AND TO BE COLLECTED IN THE l1ANNER PROVIDED BY LAW; REPEALING
SECTI ON 8-1-51 OF THE VILLAGE CODE OF l1cCALL , IDA.HO ;
Al1ENDING CHAPTER 1 OF TITLE VIII OF THE VILLAGE CODE OF
l1cCALL .. IDA.HO, BY THE ADDITION OF A NEW SECTION 8-1-51 OF
THE VILLAGE CODE OF :t1cCALL , IDA.HO, TO PROVIDE FOR DISCON-
THWANCE OF WATER SERVI CE, TO PROVIDE FOR NOTICE OF TE~'.l1INA
TION OF WATER SERVICE, TO PROVIDE FOR A PRETER:t1INATION
HEARING IF REQUESTED , BEFORE THE CITY COtn·1CIL , TO PROVIDE
THAT OWNERS AND TENANT'S UAY BE REPRESDITED BY COtn·1SEL, TO
P~'.OV IDE THAT A WRITI'EN RECORD OF SUCH HEARING SHALL BE KEPT,
TO PROVIDE FOR A WRITI'EN DECISION BY THE CITY comrCIL IN A
REASONABLE Til1E , TO PROVIDE THAT WATER SE~:VICE SHALL NOT BE
DISCONTINUED PENDING A HEARING , PROVIDING FOR PAY1'1ENT AND
PROVIDING FOR TillE OF PAY1'1ENT IN THE EVENT OF A DECISION
RE QUIRING PAY1'1ENT OF SUCH WATER BILL PRIOR TO DISCONTINU-
ANCE OF WATER SERVICE , 'ro PROVIDE THAT REQUIRED NOTICES BY
THE CITY SHALL BE IN WRITING .AND THE 11ANNER OF SERVICE
THERE OF , TO PROVIDE FOR APPEALS TO THE DISTRICT COURT, TO
REQUIRE THAT A COPY OF THIS SECTION SHALL .ACCOtlP.ANY EACH
NOTICE OF DELINQUENCY IN PAY1'1ENT FOR WATER SERVICE GIVEN
tnIDER THIS SECTION, AND TO PROVIDE FOR AN EFFECTIVE DATE .
BE IT ORDAHIED BY T'rlE UAYOR AND COUNCIL OF THE CITY
OF l1 cC ALL , IDA.HO , AS FOLL OWS:
section · -. -'h".iat Sect-ion o-1-!7-0t tb~ Vi'ttaqB"-eude of m..:Cr.:i.
Idaho, be , and the same is hereby repealed.
-Section 2 . That Chapter 1 of Title VIII of the Village Code of
l1cCa. l l , Idal10 , be , and the same is hereby amended by the e.dd it ion
thereto of a NEW SECTION, to be known and designated as Section
8-1-17 of the Village Code of l1cCall, Idaho, and to ree.d as
follow::s :
8-1-17: TURNING ON WATER-CHARGES-TURNING OFF WATER: Whenever
the owner or ciccupant of any premises connected with the City
water supply ::•ystem de::.ires to be1;;rin w·a ter service, he shall
notify the City Treasurer and pay a turn on fee of thirty dollars
($30.00) and shall be charged the full monthly rate for the month
in which service begin::s . Whenever the owner or occup;:i.nt of any
premises co1mected with the City water supply system, and receive:::
such we. ter service , desires to discontinue such service he shall
notify the City Treasurer. No fee st.i.all tie ch:i.rged for such turn
off except tt.i.a t the full monthly rate st.i.all be ct.i.arged for the
month in which such service is discontinued .
Section 3. Tt.i.at Section 8-1-18 of the Village Code of l1cCall ,
Idaho , be , and the same is hereby rep e:3. l e1j .
Section 4 . That Ct.i.apter 1 of Title VIII of the Villa1;;re of
tlc:Call , Idaho , be, and the same is hereby amended by tt1e addition
ttJ.ereto of a NEW SECTION to be known and designated as Section
8-1-18 of the Village Code of tlc:Call, Idaho , and to read as
follows:
8-1-18 : DEPOSIT REQUIRED -EXEl1PTIONS: E:~.ch applic:~.nt for
·water service shall pay a reftmijatile deposit of fifty dolar;:;
( $50 . 00) i.mless the applicant is the owner of the premises to
which water service is t o t ie provided or the applicant has t1ad ;:;,.
water accc11.mt at another premises service1j by the City we. ter
supply system within the past five (5) years, in his o·wn name and
has he.d a sa tisfe.ctory payment recor1j for the le.st twelve months
such acco1_mt was in effect . A s ;3. tisfactory pa}"ID.ent record st.i.all
be defined as one in which all pa}"ID.ents were m.•5.de on or before the
date due.
Section 5 . Tt1a t Section 8-1-19 of the Village Code of ticCall,
Idaho , be , and the same is her et1y rep ea 1 ed .
Section 6. Tt.i.a t Chapter 1 of Title VIII c1f the Village Code of
tlcCall, Idaho , be, and the same is hereby amended by the addition
thereto of a NEW SECTION, to be known and designated as Section
8-1-19 of the Villa1;re Code of tlc:Call, Idaho, and to read as
follows: ·
8-1-19 : DEPOSIT REFUNDS -INTEREST PAID ON DEPOSITS. Deposits
collected under the provisions of Section 8-1-18 strull tie tJ.eld by
th,:. (~; t 'i;" 1 n) t ; 1 th"" n:=. 'i;"o=o p l-,:. m 1.:0 "'t "' rl ; '°" i' Ill) t ; Ylll~ Yl r·"" "f To'l'$'l t ""l-s e rYi c e ..., ••• _. --'""..! ... "'"" .. 'J .i.. .....• .,, ...... ._. r''-"'..! --.. "-''-1 '•"''-·-._._ ---~··_,-........................ _ ....... _,_ -· .,._, . .,,._, ....
or until the payee ha::; attained a ::•a ti:::fa.ctory par.w.ent record for
twelve continuous months as defined in this Ct.i.apter . Deposit
1' .... . .
refunds shall be in the form. of a credit _tQ the __ acc_ount_ of __ the
payee. A cash refund e~..tal to the amount of the deposit plus
interest earned and less any outstanding account balance shall b 1
paid upon discontinuance only . While any deposit is held by thE
City, the City shall pay intere st in the amount of one-half of .J
percent (0.5%) of the amount of the deposit each month for an
annual rate of six percent (6%). Interest shall be applied to
account of the payee and paid in cash only upon discontinuance .
Section 7. That Sections 8-1-21, Section 8-1023, Section
8-1-34 and Section 8~1-46 of the Village Code of HcCall, Idaho ,
be, and the same are hereby repealed.
Section 8 . That Chapter 1 of Title VIII of the Village Co } of
HcCall, Idaho, be, and the same is hereby am.ended by the addit i n
thereto of a NEW SECTION to be known and designated as Section
8-1-46 of the Village Code of HcCall , Idaho, and to read as
follows:
8-1-46: lHlPAID WATER CHARGES : On or before the 1st day o
AUJ;rust of each year, the mayor anij clerk of the city are heret1}
ordered and. directed to certify to the Valley County Tax
Collector, all tmp aid water ch;:trges, penal ties and service cha r es
incurred by the owners of the premises to which water services
were provided, together with a legal description of the said
premises , the same to be charged against such premises and to
become a. lien thereon , anij the same to be collected in the ma .r
provided by law for the collection of State anii County taxes .
Section 9. Tha.t Section 8-1-51 of the Village Code of Hc C 1 1,
Idaho, be , and the same is hereby repealed .
Section 10 . That Chapter 1 of Title VIII of the Village Code
of HcCall, Idaho, be, and the same is hereby am.ended by the
ad.di ti on thereto of a NEW SECTION to be known and designa te1j a.
Section 8-1-51 of the Village Code of HcCall, Id8.ho , and to rea d
as follows :
8-1-51: DISCONTINUANCE OF WATER SERVICE : Notwithstanding any
other provisions of this Chapter, water service to any premises
shall not be discontinued tmtil the f ollowini;;r procedure has be en
followed :
(A) If an accom1t rem.;:i.ins tmp;:i_id thirty ( 30) da.ys after it
becomes delin~.ient as provided in Section 8-1-41 of
this Code , the City Clerk shall notify the owner of
the premises to which such water service was furnished
or the tenant thereof if the accoi.mt be in his name,
in writing of such delin~ency and if such water bill
is not paid in full within twenty (20) days
thereat ter, such ·w'a ter sery·ice ~·t1'9.ll be discontinued
unless such owner or tenant re~ests a pretermination
of service hearing .
(B) in the event a pretermination hearini;r is requested
such hearing shall be held bef cire the City Council
...
,
,
(('' .,, )
(D)
(E)
a.f ter timely notice to such owr1er or tenant who shall
l".18.ve the r11;Tht to be representeil ?:1y counsel ani
present witnesses in his be1'1:J.lf ; a writ ten record of
such hearing st.18.ll be kept by the City and a written
decision sta tini;r the re::i.son therefor shall be rer.Ldere1j
by the City Council within 8 . rea.sona.ble time .
W8.ter service shall not tie discontinue1j pending such
hearini;r , but in the event of a deci:::ion requiring
payment of such bill or any portion therec1f, the same
must be paid within ten ( 10) days a.f ter service or
mailing of notice of such decision to the owner or
tenant or water service shall be discontinue1j .
All notices required heretm.der ::;J:"i...a.11 t ie in writing and
shall be mailed by U.S . certified mail, return receipt
requested, with posta1;re prepaid thereon or per:::onally
served upon the owner or tena.nt of such premises .
Service shall be deemed complete upi:1n 1j ;3, te of service
or ma.iling .
The owner or ter.1.8.nt of the premises involved :::h3.ll have
the right of a.ppe•3.l to the Di::;tri ct Court fr om :3.ny
adverse decision of the City Council .
A copy of this Section :::J:'i;:t.11 8.ccomp8.ny each notice of
delinquency in payment for W•3. ter servi 1:e 1;ri ven i.m.der
the provision of this section .
Section 11 . This ordinance sh3.ll be in full force an1j effect
from ::t.nd ::i.f ter it::: pas;::;:t.ge , apprc1v;:i.l •3.n1j publica. ti on as requirei:i
by law .
U3.yor ~
CERTIFICATE OF RECORDI NG OFFICER
STATE OF IDAHO )
) SS
COU NTY 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. S 8 7 is a true and correct
copy of an ordinance passed at a regular meeting of the Council of
McCall City held on d ~ cl z 19 1 / , 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 e x tent 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
o ff icial seal of the City of McCall, Idaho, this
(} \41c> .e ' 19 ..i.L.
(Seal of the City)
hand and affixed the
cP r":!:? day of
Publisher 's Affidavit of Publication
STATE OF IDAHO}
.SS
County of Valley
I, Bobette S. Steffler , be ing duly sworn and say, I am the receptionist
of The Central Idaho Star-News, a weekly newspaper published at McCall, in
the County of Valley, State of Idaho ; that said newspaper is in general
circulation in the county of aforesaid and is a legal newspaper; that the
NOTICE OF ORDINANCE NO. 587, a copy of which is enclosed hereto and is
a part hereof , was published in said newspaper once a week for one consecu-
tive week in the regular and · · e of every number there of during the
period of time of publi ion , and was pub had in the newspaper proper and
~~~ e , nd that publication of uch notice began July 4 , 1991
~.,,~I ' 91.
STATE OF IDAHO
COUNTY OF VALLEY }
On this 17th day of Ju ly , in the year of 1991 , before me , a Notary
Public , personally appeared Bobette S . Steffler, known or identified to me to
be the person whose name subscribed to the within instrument, and being by
me first duly sworn, declared that the statements the rein are true , and acknowl-
edged to ~~.•h :t she exec,ted the sam:/:= ~
-~
----~Grote
Notary Public for Idaho
Res iding at McCall , Idaho
Comm i ssion Expires : 1993
EPT, 0 PROVIDE FOR A terest in the amount of one-half of one
WRITTEN DECISION BY THE CITY percent (0.5'11.) of the amount of the de-
COUNCIL IN A REASONABLE TIME, posit each month for an annual rate of
TO PROVIDE THAT WATER SERVICE six ~t (6'11.). Interest shall be aP:
SHALL NOT BE DISCONTINUED plie<l to the account of the payee and
PENDING A HEARING, PROVIDING paid in cash only~ discontinuance.
FOR PAYMENT AND PROVIDING Section. Z. -That Sections 8-1-21,
FOR TIME OF PAYMENT IN THE Section S:1b23, Section 8-1-34 and
EVENT OF A DECISION REQUIRING Section 8-1-46 of the Village Code of
PAYMENT OF SUCH WATER BILL McCall, Idaho; be, and the same are
PRIOR TO DISCONTINUANCE OF hereby r~led.
WATER SERVICE, TO PROVIDE THAT Section 8. That Chapter 1 of Title
REQUIRED NOTICES BY THE CITY VIII of theVillage Code of McCall,
SHALL BE IN WRITING AND THE Idaho, be, and the same is hereby
MANNER OF SERVICE THEREOF, TO amended~the addition thereto of a
PROVIDE FOR APPEALS TO THE NEW_SE_N to be known and desig-
DISTRICT COURT, TO REQUIRE nated as ion 8-1-46 of the Village
THAT A COPY OF THIS SECTION Code of McCall, Idaho, and to read as
SHALL ACCOMPANY EACH NOTICE follows:
OF DELINQUENCY IN PAYMENT 8-1-46: UNPAID WATER
FOR WATER SERVICE GIVEN UNDER CHARGES: On or before the 1st day of
THIS SECTION, AND TO PROVIDE August of each year, the mayor and
FOR AN EFFECTIVE DA TE. clerlc of the dty are hereby ordered arid
BE IT ORDAINED BY THE MAYOR directed to certify to the Valley Cowlty
AND COUNCIL OF THE CITY OF Tax Collector, all unpaid water char~,
McCALL, IDAHO AS FOLLOWS: penalties and service charges incun:\\d
Section 1. That Section 8-1-17 of the by the owners of the premiSes to whkb
Village Code of McCall, Idaho, be, and water services were provided, together
ORDINANCE NO. 587 the same is hereby repealed. with a legal description of the s ~d
McCALLCITYWATERSERVICE Section 2. That Chapter 1 of Title premises, the same to be chargJd
VIII of the Village Code of McCall, against such premises and to becom8'a
AN ORDINANCE RELATING TO CITY Idaho, be, and the same is hereby lien thereon, and the same to be cfJ-
WA TER SERVICE; REPEALING amended by the addition thereto of a lected in the manner provided by llOv
SECTION 8-1-17 OF THE VILLAGE NEW SEC'JJON. to be known and desig-for the collection of State and County
CODE OF McCALL, IDAHO; nated as Section 8-1-17 of the Village taxes. •
AMENDING CHAPTER 1 OF TITLE Code of McCall, Idaho, and to read as Secti~. That Section 8-1 -51 of tlie
VIII OF THE VILLAGE CODE OF follows: Village COde of McCall, Idaho, be, and
McCALL, IDAHO, BY THE ADDmON 8-1-17: TURNING ON WATER-the same is hereby repealed. ·
OF A NEW SECTION 8-1-17 OF THE CHARGES-TURNING OFF WATER: Section 10. That thapter 1 of Tide
VILLAGE CODE OF McCALL, IDAHO, Whenever the owner or OCCUP!llt of any VIII of the Village Code of McCall,
TO PROVIDE FOR NOTICE TO THE premises connected with the Oty water Idaho, be, and the same is hereby
CITY TREASURER FOR TURN ON supply system desires to begiri water amended~the addition thereto o~ a
AND TURN OFF OF WATER service, he shall notify the City NEW.SE_~ to be known and desig-
SERVICE, TO PROVIDE FOR A TURN Treasurer and pay a tum on fee of thirty nated as ion 8-1-51 of the Village
ON FEE AND TO PROVIDE THAT NO dollars ($30.00) and shall be charged Code of McCall, Idaho, and to read as
FEE SHALL BE CHARGED FOR the full monthly rate for the montli in follows:
WATER TURNOFFS; REPEALING which service begins. Whenever the 8-1-51: DISCONTINUANCE OF
SECTION 8-1-18 OF THE VILLAGE owneroroccupa!!tofanypremisescon-WATER SERVICE: Notwiths tanding
CODE OF McCALL, IDAHO; nected with tile .Qty water supply sys-any other provisions of this Chapter,
AMENDING CHAPTER 1 OF TlnE tem, and receives sudt water service, ae-water service to any J>remises shall not
VIII OF THE VILLAGE CODE OF sires to discontinue such service he shall be discontinued until the following pro-
McCALL IDAHO BY THE ADDmON notify the Qty Treasurer. No fee shall cedure has been followed:
OF A NEW, SE=:L.ON 8-1-18 OF THE be-~~ ch off ( 11..:11 Ulill 1or su turn except that A) U an account remains unpaid
VILLAGE CODE OF McCALL, IDAHO, the monthly rate shall be cliarged thirty (30) days after it becomes aelin-
TO REQUIRE A $50.00 REFUNDABLE for the month in which such service is quent as provided in Section 8-1-41 of
DEPOSIT FOR WATER SERVICE, TO discontinued. this Code, the Oty Clerk shall notify
PROVIDE EXEMPTIONS FROM Secti<m....3. That Section 8-1-18 of the the owner of the premises to which such
PAYMENT OF SUCH DEPOSITS, TO Village COde of McCall, Idaho, be, and water service was furnished or the
PROVIDE FOR A DEFINITION; the same is hereby repealed. tenant thereof if the accoun t be in his
REPEALING SECTION 8-1-19 OF THE Section 4. That Chapter 1 of Title name, in writing of such delin~ency and
VILLAGE CODE OF McCALL, IDAHO; VIII of the Village of McCall, Idaho, if such water bill is not paid in full
AMENDING CHAPTER t OF TITLE be, and the same is hereby amended by within twenty (20) days thereafter,
VIII OF THE VILLAGE CODE OF the addition thereto of a ~ such water service shall tie discontinued
McCALL, IDAHO, BY THE ADDmON SECTION to be known and desi8!'8ted as unless such owner or tenant requests a
OF A NEW SECTION 8-1-19 OF THE section 8-1 -18 of the Village Code of pretermination of service hearing.
VILLAGE CODE OF McCALL, IDAHO, McCall, Idaho, and to read as follows: (8) In the event a pretermination
TO PROVIDE FOR REFUNDS OF 8-1-18: DEPOSIT REQUIRED -hearing is requested sudl hearing shall
WATER DEPOSITS, TO PROVIDE FOR EXEMPTIONS: Each applicant for wa-be hela before the Qty Council after
THE MANNER IN WHICH REFUNDS ter service shall pay a refundable de-timely notice to such owner or tenan t
SHALL BE MADE AND TO PROVIDE ~t of fifty dollars ($50.00) unless the who shall have the right to be repre-
THAT INTEREST SHALL BE PAID ON applicant iS the owner of the premises sented b)' counsel and present witnesses
WATER DEPOSITS AND TO PROVIDE to which water service is to be provided in his behalf; a written record of such
HOW SUCH INTEREST SHALL BE or the applicant has had a water ac-hearing shall be kept by the Oty and a
PAID. REPEALING SECTION 8-1-21, count at another J>remises service by the written decision stating the reason
SECTION 1-n ~-.::~~~.}~ " · ~ · Oty water supply system withiri the therefor shall be renderea by the Oty
,VllO.LSVd five (5) J~· in his own name and Council within a reasonable time. ~-_..---~:UNI l.LDVQU\.Tr.vn v ·u -----
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