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Home My Public Portal AboutOrd. 727 - Amending Title VI, Utility ServicesORDINANCE NO. 727 CITY OF MCCALL, VALLEY COUNTY, IDAHO AN ORDINANCE AMENDING TITLE VI, UTILITY SERVICES; CHAPTER 4, . CONTRACTS BILLING AND COLLECTION; SECTION 240, CLAIM FOR ADJUSTMENT; AND AUTHORIZING THE CITY TREASURER OR THE CITY MANAGER TO CORRECT OR ADJUST WATER BILL(S). WHEREAS, the Mayor and City Council desire to provide a means for utility service customers of the City to obtain reasonable and timely consideration of applications for correction or adjustment; and WHEREAS, the Mayor and City Council are of the opinion that it is in the best interest of both the water service customer and the City to resolve applications for correction or adjustment of water utility bills objectively, equitably and quickly, and WHEREAS, the Mayor and City Council are of the opinion that the majority of application for correction or adjustment of water bills need not be brought before City Council at a regular meeting in order to be satisfactorily resolved in the best interest of both the water service customer and the City, and WHEREAS, the Mayor and City Council are of the opinion that, except in unusual circumstances, quick and satisfactory resolution of said application for correction or adjustment is best achieved administratively, by the City Treasurer or the City Manager, and WHEREAS, the Mayor and City Council are of the opinion that utility service customers will be better served in a more efficient and timely fashion by authorizing the City Treasurer and/or the City Manager to have the authority to correct and/or adjust water bill(s) on behalf of the City Council, and WHEREAS, Ordinance No. 727 provides the means and authority for the City Treasurer or the City Manager to correct and/or adjust water bill(s). BE IT ORDAINED by the Mayor and city council of the city of McCall, Valley County, Idaho as follows: Section 1: Section 6-4-240 relating to procedures and authorization to correct or adjust any water bill is amended to read as follows: 6-4-240 ims for adjustment of water bills shall be made -ea the-paymen+ io due and if net so ..,..r1 lo, , n the bills of the " Y"1�� v u l VV �r1UU fallowing period, their next regular -meeting -after its ro fustment-sgall-be made of -allowed -except -upon a resolution -by -the -Mayor -and City CouesiEdaly-adepted-and-entered-upon-ttae-miaetes-e f the -meeting. No person, and City Council as above prescribed. (Ord. 632, 7 28 93). Ordinance No. 727 Page 1 of 2 Adopted at the October 8th regular meeting. 6-4-240 APPLICATION FOR CORRECTION OR ADJUSTMENT; WAIVER OF PENALTY (A) Definitions "Correction" as used in this Section, based on the facts and circumstances, applies to situations when the reason for the unusually high water bill(s) in question is in fact or most likely due to an error or faulty equipment on the part of the City. Corrections and waivers of the associated penalty may be made as often as necessary, based on facts and circumstances. The estimate of water used shall be calculated pursuant to Section 6-4-170. "Adjustment" as used in this section, based on the facts and circumstances, applies to situations when the reason for the unusually high water bill in question is in fact or most likely not due to an error or faulty equipment on the part of the City, but from some other anomaly, such as broken water line(s) or other leak(s); the water having flowed through the meter. Adjustment and waiver of the associated penalty may be made only once per user, per year. Such year will be measured from the date of the last adjustment or waiver. No adjustment under this Section is applicable unless the water bill in question exceeds 120 percent of the estimated water used calculated pursuant to Section 6-4-170 as though the aforementioned anomaly had not occurred. Any adjustment granted pursuant to this Section shall not exceed the sum calculated by subtracting 120 percent of the estimated water used from the water bill in question. Should such sum be less than zero, no adjustment is applicable under this Section. (B) Administrative Review For good cause shown, demonstrating circumstances, any water user seeking correction or adjustment or waiver of penalty for any water bill 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 correction, adjustment or waiver sought. The Treasurer shall review the application and, if complete, may correct or adjust water bill(s), and/or may waive the associated penalty as provided in Section 6-4-210, at his/her discretion. In the absence of the City Treasurer, the City Manager may act in the same manner. (C) Appeal Process Nothing in this Section is intended to prevent any water user who receives an adverse administrative decision from having the application as provided for herein from being appealed in writing to the Mayor and Council. Such appeal must be filed with the City Treasurer or the City Manager within seven (7) days of said administrative decision. The appeal will then be scheduled at a regular Council Meeting. The Treasurer or City Manager shall review the application and, if complete, submit same with a recommendation to the Mayor and Council for their consideration. If incomplete, the applicant shall be so advised and given the opportunity to resubmit. Section 2: This Ordinance shall take effect and be in full force upon its passage, approval and publication in one issue of a newspaper of general circulation in the City of McCall. APPROVED AND PASSED THIS twenty fourth day of September, 1998. Kirk Eimers Mayor ATTEST: Ch rr Woodbury City lerk Ordinance No. 727 Adopted at the October 8th regular meeting. Page 2 of 2 Publisher's Affidavit of Publication STATE OF IDAHO .Ss County of Valley I, Carol J. Wright, being duly sworn and say, I am the receptionist of The 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 afore said and is a legal newspaper; that the PUBLIC NOTICE, a copy of which is enclosed hereto and is a part hereof, was published in said newspaper once a week for a period of one 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 publica- tion of such notice began September 17, 1998, and ended September 17, 1998. cw.IC Subscribed and sworn before me this the 25th day of September, 1998. STATE OF IDAHO COUNTY OF VALLEY On this 25th day of September, in the year of 1998, before me, a Notary Public, personally appeared Carol J. Wright, 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 acknowledged to me that she executed the same. Tom Grote Notary Public for Idaho Residing at McCall, Idaho Commission Expires: 1999 0 VeC ORDINANCE NO.727 - CITY OEMCCALL, VALLEY COUNTY, f IDAHO AN ORDINANCE AMENDING TITLE VI,i UTILITY SERVICES; CHAPTER 4, CON- TRACTS BILLING AND COLLECTION; SECTION 240, CLAIM FOR ADJUSTMENT; ND AUTHORIZING THE CITY TREASURER R THE CITY MANAGER TO CORRECT OR rADJUST WATER BILL(S). WHEREAS, the Mayor and City Council desire to provide a means for utility service cus- tomers of the City to obtain reasonable and timely consideration of applications for correction or ad- justment; and WHEREAS, the Mayor and City Council are of i the opinion that it is in the best interest of both the 1 water service customer and the City to resolve ' applications for correction or adjustment of water 1 utility bills objectively, equitably and quickly, and l WHEREAS, the Mayor and City Council are of 1 the opinion that the majority of application for correction or adjustment of water bills need not be I brought before City Council at a regular meeting in I order to be satisfgctorily resolved in the best inter- I est of both the water service customer and the City, and • WHEREAS, the Mayor and City Council are of 1 s gal iMayb, a I:000Gt at thou u,.Xt ,,,gurm t,, ,,,t stall Lc madc or�How�k�7n.cpt upon a a1„Nt, d a„1 ,,t , 1 aN.,,, th ,,,1„at..a llf t I, 111,,,.t;116. No Y,., ff,.,., ,,, 61, 0.,,,;,s L dy Shall bay, tia, autl,o, ity to co, n,et or adjust any 'oat., bill, and a eept the Mayo. and City Conn,,:l as above pte.e,Ala (en17-632 7-26- 1 93APP ICATION FOR CORRECTION OR ` ADJUSTMENT; WAIVER OF PENALTY 1(A) Definitions "Correction" as used in this I Section, based on the facts and circumstances, applies to situations when the reason for the I unusually high water bill(s) in question is in fact or most likely due to an error or faulty ; equipment on the part of the City. Corrections and waivers of the associated penalty may be kmade as often as necessary, based on facts and circumstances. The estimate of water used shall! I1 be calculated pursuant to Section 6-4-170, "Adjustment" as used in this section, based on ' the facts and circumstances, applies to situa- ' tions when the reason for the unusually high water bill in question is in fact or most likely not i due to an error or faulty equipment on the part of the City, but from some other anomaly, such. ,as broken water line(s) or other leak(s); the water having flowed through the meter. Ad- t justment and wavier of the associated penalty' 1,---may bei&de-Onty-olice.pe'r-user;•per year:Such year will be measured from the date of the last adjustment or waiver. No adjustment under this , Section is applicable unless the water bill in question exceeds 120 percent of the estimated ' water used calculated pursuant to Section 6-4- 170 as though the aforementioned anomaly had , I notoccurred. Any adjustment granted pursuant to this Section shall not exceed the sum calcu- latedbysubtracting 120percentofthe estimated I water used from the water bill in question.l Should such sum be less than zero, no adjust- i ment is applicable under this Section. (B) Administrative Review For good cause shown, demonstrating circumstances, any wa- ter user seeking correction or adjustment or waiver of penalty for any water bill shall submit 1 a written application to the City Treasurer , �detailing the consideration sought. The appli- i v " cation shall set forth in sufficient detail the facts and circumstances alleged to support the par- ticular correction, adjustment or waiver sought. The Treasurer shall review the application and, 1 if complete, may correct or adjust water bill(s), and/or may waive the associated penalty as provided in Section 6-4-210, at his/her discre- tion. In the absence of the City Treasurer, the City Manager may act in the same manner. (C) Appeal Process Nothing in this Section is intended to prevent any water user who receives an adverse administrative decision from having the application as provided for <<,herein from being appealed in writing to the Mayor and Council. Such appeal must be filed with the City Treasurer or the City Managerwithin seven 1 ministrative decision. The appeal ywill then bes of said scheduled at a regular Council Meeting. The Treasurer or City Manager shall review the application and, au-1umu,,.mwulw L,1ta shall L„ ' ifcomplete m l the submit same with a recommenda- tionMayor and Council for their dfi1,�N,that„ff,.,,,,,,L,fi,,.U, consideration. If incomplete, the applicant shall 5,,.,,a„ 1 '_ be so advised and g opportunity to h. `-' day of th, ,,,�„th �„ •wh•, , t ... Yay,m..,,t ,� I given the opp y ' resubmit. ` " "d FY i i a�Section rr This Ordinance shagd,a pprolect _ adj�t t,�cut „ia,l if a, v shah a 1 . ,, t _ iz ll�_ 1 _ of tl,,, f„llioa n , ,,8d. ' -force upon its passage, approval Th , ela'm f r adj,r..t,,,e,d shall b plae.d, ' 1 generalcirculationin the on in one Ci of a newspaper of I tL fnll , �, , ] 'of th, .a�., b f tL. I i g 1 the opinion that, except in unusual circum-I stances, quick and satisfactory resolution of said application for correction or adjustment is best achieved administratively, by the City Treasurer or the City Manager, and WHEREAS, the Mayor and City Council are of the opinion that utility service customers will be better served in a more efficient and timely fashion by authorizing the City Trea- surer and/or the City Manager to have the authority to correct and/or adjust water bill(s) on behalf of the City Council, and WHEREAS,Ordinance727 provides themeans and authority for the City Treasurer or the City Manager to correct and/or adjust water bill(s). BE IT ORDAINED by the Mayor and city council of the city of McCall, Valley County, Idaho as follows: Section 1: Section 6-4-240 relating to pro- cedures and authorization to correct or adjust any water bill is amended to read as follows 6-4-240 — — - APPROVED ANS D PASSED THIS twenty fourth day of September, 1998. Kirk Eimers, Mayor ATTEST: Cherry Woodbury, City Clerk . ber 24th regular meeting. 1 tc/9/17 Ordinance No. 727 Adopted at the Septemi j