HomeMy Public PortalAboutOrd. 598 - Supporting DocsCity of McCall
OFFICE OF THE CLERK
BOX 1065
MCCALL, IDAHO 83636
December 19,1991
TO: Mayor and Council
FROM: City Administrator
RE: Proposed Ordinance, amending 8-1-48, City Code
The language proposed by the city attorney simply readopts
a section of the city code from an older version. This
includes references to Churches, charitable institutions,
and industry. The only customer class apparently held out
from this section is residential customers. I thought from
the discussion on December 12, that you wished an
amendment to address only other tax -supported governmental
units.
I believe the language of providing special considerations
to churches may be a constitution concern. If you wish the
discretionary power to be sufficiently broad to address the
hardships of any customer, this language does not permit
that in the case of the largest segment of your customer
base, residential customers. I do not think the procedure
for dealing with these considerations is addressed in this
amendment, which I understood from your discussion to be
that the Treasurer would recommend adjustments to the
Council in lieu of conducting hearings.
Please consider these issues and provide direction. I
recommend that you do not read this ordinance and return
it to staff with specific direction on these matters for
redrafting.
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ROBERT H. REMAKLUS, LAWYER P.A.
PROFESSIONAL CENTER BUILDING
POST OFFICE BOX 759
CASCADE, IDAHO83611
TELEPHONE (208) 382-4267
December 13, 1991
Arthur J. Schmidt, Jr.
City Clerk/Administrator
P. O. Box 1065
McCall, Idaho 83638.
Dear Bud:
Enclosed is the proposed amendment to Section 8-1-48 of the
city code concerning the waiver of penalties for lat payment
of water charges. I think it captures the intent of the
council as expressed at the meeting of December 12th.
Also, I orally reported that the Sportsmen's Bar is eligible
for a liquor license upon payment of the fee and presentation
of evidence of its state license. This is to confirm such
report.
With Best Wishes for a Merry Christmas, I am,
Very truly _yours,
Robert H.
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ORDINANCE NO.
AN ORDINANCE RELATING TO WATER SERVICE; AMENDING
SECTION 8-1-48 OF THE McCALL CITY CODE TO PROVIDE
THAT UNIr2S OF GOVERNMENT SHALL BE ELIGIBLE FOR
SPECIAL CONSIDERATION AND 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: SPECIAL CONSIDERATIONS; PAID FROM GENERAL FUND;
WAIVER OF PENALTY: (1) If the City Council desires to offer to
any church, school, public hospital, charitable institution,
unit of government or industry, certain consideration in the
matter of the cost of water supply, the same shall not be accomp-
lished by any modification of rates or schedules as herein con-
tained, but may be made by computing the difference between
the scheduled rate and the allowed rate, and paying the differ-
ence between the scheduled rate and the allowed rate, and paying
the difference out of the General Fund into the water rate
fund and - crediting the same to the account of the
consumer so allowed.
(2) The City Council may in its discretion under conditions
it deems justified, for the benefit of any church, school,
public hospital, charitable institution, unit of government
or industry, waive the penalty provided in Section 8-4-41 of this
code, without paying such penalty from the General_ Fund.
Passed and approved this 30th day of December, 1991.
Mayor
Attest:
City Clerk