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HomeMy Public PortalAboutOrd. 746 - Utility DepositsORDINANCE NO. 746 CITY OF MCCALL, VALLEY COUNTY, IDAHO AN ORDINANCE OF THE CITY OF MCCALL, A MUNICIPAL CORPORATION OF THE STATE .OF IDAHO, STATING A PURPOSE, AMENDING SECTION 6-4-070,; TITLE VI, UTILITY SERVICES; CHAPTER 4, CONTRACTS, BILLING AND COLLECTION; PROVIDING SEVERABILITY; REPEALING CONFLICTING PROVISIONS; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the City of McCall desires to allow citizens with a "satisfactory payment record" with another utility the opportunity to have the deposit waived. NOW, THEREFORE, BE IT ORDAINED by the Mayor and City Council of the City of McCall, Valley County, Idaho as follows: Section 1: The purpose of this ordinance is: To allow citizens with a "satisfactory payment record" with another utility the opportunity to have the deposit waived by amending section 6-4-070, of Title VI, Utility Services; Chapter 4, Contracts, Billing and Collection. Section 2: Section 6-4-070 relating to deposit required is amended to read as follows: 6-4-070 DEPOSIT REEQUIRED — EXEMPTIONS: Each applicant desiring water or sewer service or both services shall pay a refundable deposit to the City in an amount equal to the expected billings for such service(s) for three (3) months at the premises desired to be served. The City Treasurer shall determine this amount based upon pertinent past service . data and the information provided in the application for utility services required by Section 6-4-010 of this Chapter. Such deposit shall be required unless the applicant has had with the City within the past two (2) years, one or more accounts for utility service, in his/her own name, and has had satisfactory payment record for the last twelve (12) months such account(s) was (were) in effect or the applicant may provide a letter or copies of bills from another utility for 12 months of current service with such utility showing a "satisfactory payment record". A "satisfactory Payment record" shall be defined as one in which all payments were made on or before the date due, for all accounts in effect during theaforementioned twelve (12) months. Section 3: Severability. This ordinance is hereby declared to be severable. Should any provision of this ordinance be declared invalid by a court of competent jurisdiction, the remaining provisions shall continue in full force and effect and shall be read to carry out the purpose(s) of the ordinance before the declaration of partial invalidity. Page 1 of 2 September 28, 2000 Ordinance No. 746 Section 4: Repeal of Conflicting Provisions: All provisions of the current McCall Municipal Code or ordinances of the City of McCall that conflict with the provisions of this ordinance are hereby repealed to the extent of such conflict. Section 5: Effective Date: This Ordinance shall take effect and be in full force upon its passage, approval and publication in the official newspaper of the City of McCall. APPROVED AND PASSED THIS 28th day of September, 2000. Allan Muller, Mayor ATTEST: Cathleen A. Koch, City Clerk Page 2 of 2 September 28, 2000 Ordinance No. 746 City of McCall Certificate of Recording Officer STATE OF IDAHO} } County of Valley } I, the undersigned, the duly appointed, qualified, City Clerk of the City of McCall, 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 the City of McCall, Idaho, and that I am statutory custodian of all laws, ordinances and resolutions of said City. 2. That the attached Ordinance No. 746 is a true and correct copy of an ordinance passed at a special meeting of the Council of the City of McCall held on September 28, 2000 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 and that a legally sufficient number of members of the Council 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 28th day of September 2000. Cathleen A. Koch, City Clerk 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 October 19, 2000 and ended October 19, 2000. Subscribed and s(ac6rn before this the 20th day of October, 2000. STATE OF IDAHO COUNTY OF VALLEY On this 20th day of October, in the year of 2000, before me, a.Notary Public, personally appeared Carol J. Wright, known or identified to me to be the person whose name subscribed to the withininstrument, 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 2/8/06 ORDINANCE NO.746 C1TYOF MCCALL, VALLEY COUNTY; AN ORDINANCE THE CITY OF MCCALL, A MUNICIPAL CORPORATION OF THE STATE OF IDAHO, STATING A PURPOSE, AMENDING SECTION 6-4-070,; TITLE VL UTILITY SERVICES; CONTRACTS, BILLING AND COL CHAPTER PROVIDING SEVERABILITY; REPEALING CONFLICTING PROVISIONS; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the City of McCall desires to allow citizens • with a "satisfactory payment record" with another utility the opportunity to have the deposit waived. NOW, THEREFORE, BE IT'ORDAINED. by the Mayor and City Council of the. City of McCall, Valley County, Idaho as follows: ec 1° 1: The purpose of this ordinance is:• To allow citizens with a "satisfactory pay - men t record" with another utility the opportunity to have the deposit waived by amending section 6-4-070, of Title VI, Utility Services; Chapter4, Contracts, Billing and Collection. Sect. Section 6-4-070 relating to de- posit required is amended to read as follows: 6-4-070 DEPOSIT REEQUIRED — EX- EMPTIONS: Each applicant desiring water or ' sewer service or both services shall pay a re- fundable deposit to the City in an amount equal to the expected billings for such service(s) for three (3) months at the premises desired to be served. The City Treasurer shall determine this amount based upon pertinent past service data and the information provided in the application - for utility services required by Section 6-4-010 of this Chapter. Such deposit shall be required unless the applicant has had with the City within the.past two (2) years, one or more accounts for utility service, in his elerown name, -and has had satisfactory payment record for the last twelve (12) .months such account(s). was (were): in - -effect or t e applicant may To ide a l copieso billsfromanotherutili for 1 o cu nt service with such unli showtn a satisfactory pavment r turd". A "satisfactory Payment record" shall be defined as one in which date due, for all accounts m effec or before the - aforementioned twelve (12) months. e do 3: Severability. This ordinance is hereby declared to be severable. Should any provision of this ordi- nance be declared invalid by a court ofcompetent jurisdiction, the remaining provisions shall con- tinue in full force and effect and shall be read to carry out the purpose(s) of the ordinance before the declaration of partial invalidity. Section 4:. Repeal of Conflicting Provisions: All -provisions of the current McCall Mu- nicipal Code or ordinances of the City of McCall that conflict with the provisions of this ordi- nance are hereby repealed to the extent of such conflict. ec io : Effective Date: This Ordinance shall take effect and be in full force upon its passage, approval and publi- ' cation in the official newspaper. of the City of McCall. Approved and passed this 28th. day of Sep- . tember, 2000. By: Allan Muller, Mayor ATTEST: Cathleen A. Koch, City Clerk 1tc10/19