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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 -isa.u-uou io; puss! sassed 8iZ` `*mdwgo mama' so; puss! aia, sassed gZS`ZZ lggl nnals spiMag l suiu2 sal®u •sav! 2119.1gls Jo; Loops tpui 1010 sMopeow gum pato •aiuoti le a; sawa wog •AoTTA smopuow .1i uosuas aql tlstm; twit Aupimus nouno0 pug Aupu3 uo apugcuu j ayi 1su►ggg xaann siyl sawg� •AoTTA smopeow lg £Z ugf uo 2ui -upoci wowguinoi yuoil III lolls! ;_ ayLio;_ own uusnf pure mad .path -