HomeMy Public PortalAboutOrd. 599 - Amending Sewer Ordinance Penalty ExemptionsV
ORDINANCE NO. 6- !
AN ORDINANCE RELATING TO SEWER SERVICE; ADDING SECTION
8-4-3A TO THE McCALL CITY CODE TO PROVIDE THAT SEWER USERS
MAY BE ELIGIBLE FOR RELIEF UNDER EXTRAORDINARY CIRCUMSTANCES
OR IN THE EVENT OF UNDUE HARDSHIP; ALSO PROVIDING THAT
SERVICE CHARGES AND PENALTIES FOR LATE PAYMENT OF SEWER
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 8-4-3A of the McCall City Code be
enacted as follows:
8-4-3A: 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 sewer 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
contained in Section 8-4-2, 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 service charges and penalty provided in
Section 8-4-2A of this code, otherwise imposed or
imposable on a sewer user, whether individual,
partnership, corporate, 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
Ordinance No. 5'1
Page Two
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 of
Attest:
l
Arthur JSchmidt, City Clerk
L. A. Smith, Jr.; Mayor
, 1992.
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. .SpY. is a true and correct
copy of an ordinance passed at a regular meeting of the Council of
McCall City held on ail i , 19 P, , 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 day of
OAK , 19 9X .
Arthur J. midt, City Clerk
(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 599, 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
ot-i a supplement; and that publication of such notice began January 16,
K"----1992nd ended January 6, 1992.
1111.
i�
Su scribed and sworn before
STATE OF IDAHO
COUNTY OF VALLEY
is the 1
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.
li
Tom Grote
Notary Public for Idaho
Residing at McCall, Idaho
) }H Commission Expires: 1993
ORDINANCE NO.599
CITY OF McCALL
AN ORDINANCE RELATING TO
SEWER SERVICE; ADDING SECTION
8-4-3A TO THE McCALL CITY CODE
ITO PROVIDE THAT SEWER USERS
MAY BE ELIGIBLE FOR RELIEF
UNDER EXTRAORDINARY
CIRCUMSTANCES OR IN THE EVENT
OF UNDUE HARDSHIP; ALSO
'PROVIDING THAT SERVICE
I CHARGES AND PENALTIES FOR
'LATE PAYMENT OF SEWER
CHARGES MAY BE WAIVED AT THE
,DISCRETION OF THE CITY
COUNCIL.
I BE IT ORDAINED BY THE MAYOR
!AND COUNCIL OF THE CITY OF
McCALL, IDAHO, AS FOLLOWS;
Section 1. That Section 8-4-3A of the
McCall City Code be enacted as follows:
8-4-3A: Relief for Extraordinary
Circumstance or Undue Hardship;
', General Fund Reimbursement; Waiver of
Penalty.
I (1) For good cause shown, demon-
strating unusual or extraordinary cir-
cumstances, or in order to avoid undue
hardship the City Council at its discre-
lion, may provide relief to a sewer user,
whether individual, partnership, cor-
porate, unincorporated association, or
governmental in nature. In the event re-
lief is granted, it shall be accomplished•
not by modificationAithe otherwise
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