HomeMy Public PortalAboutOrd. 598 - Amending Water Ordinance Penalty ExemptionsORDINANCE NO.. 3- 3
AN ORDINANCE RELATING TO WATER SERVICE; AMENDING SECTION
8-1-48 OF THE McCALL CITY CODE TO PROVIDE THAT WATER USERS
MAY BE ELIGIBLE FOR RELIEF UNDER EXTRAORDINARY CIRCUMSTANCES
OR IN THE EVENT OF UNDUE HARDSHIP; ALSO PROVIDING THAT
PENALTIES FOR LATE PAYMENT OF WATER CHARGES MAY BE WAIVED AT
THE DISCRETION OF THE CITY COUNCIL.
BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF
McCALL, IDAHO, AS FOLLOWS; •
Section 1. That Section 8-1-48 of the McCall City Code be,
and the same is hereby amended to read as follows:
8-1-48: ePBeIkh-C-eNSE3PRATE4NSr-PAI.B-PReli-eRNERAh
FUNS :- --�€ -€ke-ei.ty-eettneil.-desires.-te -e€€er -to -any
ehupeh,--sehee�--pula�ie-heapktaI--eharitabl.e
instkttt 4emr-er-iftdtts-trp---eertain-eonsideratDerr-in-tire
matter -e€ -tite -eoat -e€ -water-s.upp�y ,- -the -same -shai i -not
be-aGeemp3c}shed-lay-arry mee keatkert-e€-rates-er
seheehtIes-as Aerekrt-effirtairedr-laut-Keay-be-maele-bp
eemputkag-the-chi€€erenee-between-tlge-seiledu ed-rate-and
the-allowed-rate,--amel-paykng-the-d erertee-otrt-a€-the
Gepte-lit}sd•- ata-the-water-rate-€ttnd-and-ereating-tire
same.2644-th-e-aGGeiknrt-a€-the-eenstrmer-se-aewee7 Relief
for Extraordinary Circumstance or Undue Hardship;
General Fund Reimbursement; Waiver of Penalty.
(1) For good cause shown, demonstrating unusual or
extraordinary circumstances, or in order to avoid undue
hardship the City Council at its discretion, may
provide relief to a water user, whether individual,
partnership, corporate, unincorporated association, or
governmental in nature. In the event relief is
granted, it shall be accomplished not by modification
of the otherwise applicable rates or schedules as
herein contained, but by determining a differential
between the usual rate and the allowed rate; the
differential shall be reimbursed from the General Fund
by crediting said amount to the account of the user
receiving the allowance.
(2) For good cause shown, demonstrating unusual or
extraordinary circumstances, or in order to avoid undue
hardship, the City Council, at its discretion, may also
waive the penalty provided in Section 8-4-41 of this
code, otherwise imposed or imposable on a water user,
whether individual, partnership, corporate,
Ordinance No. l Page Two
unincorporated association or governmental in nature,
without reimbursement of same by transfer from the
General Fund.
(3) Any user seeking relief or waiver as above
provided shall submit a written application to the City
Treasurer detailing the consideration sought. The
application shall set forth in sufficient detail the
facts and circumstances alleged to support the
particular relief or waiver sought; the treasuer shall
review the application and if complete, submit same
with a recommendation to the Council for their
consideration; if incomplete, the applicant shall be so
advised and given the opportunity to re -submit.
Section 2. This ordinance shall be in full force and effect
upon passage and publication in one (1) issue of the Central
Idaho Star News.
Passed and approved this day ofa/44i i' , 1992.
L. A. Smit
Attest:
Arthur J„! Schmidt, City Clerk
, " • ,
STATE OF IDAHO )
COUNTY OF VALLEY)
CERTIFICATE OF RECORDING OFFICER
SS
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. ,j f 7 is a true and correct
copy of an ordinance passed at a regular meeting of the Council of
McCall City held on a.14, 9 , 199.2, 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 /a day of
0-44, •- 199Z.
(Seal of -the City)
Publisher's Affidavit of Publication
STATE OF IDAHO
.SS
County of Valley
I, Ramona A. George, being 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 598, 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 entire issue of every number there of during the
period of time of publication, and was published in the newspaper proper and
not in a supplement; and that publication of such notice began January 16,
19 and ended January 16, 1992.
bscribed and sworn befor
STATE OF IDAHO
COUNTY OF VALLEY
thisth= 1
h day of January, 1992.
On this 16th day of January, in the year of 1992, before me, a Notary
Public, personally appeared Ramona A. George, 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 therein are true, and acknowl-
edged to me that she executed the same.
Tom Grote
Notary Public for Idaho
Residing at McCall, Idaho
Commission Expires: 1993
ORDINANCE NO. 598
1 CITY OF McCALL
' AN ORDINANCE RELATING TO
WATER SERVICE; AMENDING
SECTION 8-1-48 OF THE McCALL CITY
CODE TO PROVIDE THAT WATER
' USERS MAY BE ELIGIBLE FOR RELIEF
UNDER EXTRAORDINARY.
CIRCUMSTANCES OR IN THE EVENT
OF UNDUE HARDSHIP; ALSO
PROVIDING THAT PENALTIES FOR
LATE PAYMENT OF WATER
r CHARGES MAY BE WAIVED AT THE
I DISCRETION OF THE CITY
COUNCIL.
BE IT ORDAINED BY THE MAYOR
AND COUNCIL OF THE CITY OF
McCALL, IDAHO, AS FOLLOWS;
Section 1. That Section 8-1-48 of the
McCa11 City Code be, and the same is
hereby amended to read as follows:
8-1-48: SPECIAL CONSIDER
ATIONS; PAID FROM GENERAL
FUND: If the City Council dcnires to
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