HomeMy WebLinkAbout0256 Utility Rates and Billing Procedure 1984CITY OF CHUBBUCK, IDAHO
ORDINANCE NO.
AN ORDINANCE OF THE CITY OF CHUBBUCK, IDAHO, REPEALING
CHUBBUCK CITY ORDINANCE NO. 236 AND SECTION 20 OF
ORDINANCE NO. 251 OF THE CITY OF CHUBBUCK, IDAHO;
PROVIDING FOR CHARGES AND RATES FOR WATER AND GARBAGE
COLLECTION TO BE ESTABLISHED BY RESOLUTION; PRESCRIBING
THE BILLING AND COLLECTION PROCEDURES FOR WATER, GARBAGE
COLLECTION AND SEWER SERVICES; REPEALING THE CONFLICTING
PROVISIONS OF ANY PRIOR ORDINANCE TO THE EXTENT OF SUCH
CONFLICT, PROVIDING FOR THE SEVERABILITY OF THIS
ORDINANCE; AND PROVIDING WHEN THIS ORDINANCE SHALL
BECOME EFFECTIVE.
BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF
CHUBBUCK, IDAHO:
SECTION 1: Repeal. Ordinance No. 129 and Section 20 of
Ordinance 236 of the City of Chubbuck, Idaho, are hereby repealed.
SECTION 2: Water and Garbage Collection Rates. The schedule
of rates, fees, connection fees and charges for water furnished
through the Municipal Water System and Garbage Collection provided
through the Sanitary Services shall be set from time to time by
Resolution of the City Council. Until such time as such rates,
fees, connection fees and charges are modified by Resolution
pursuant to this Section, the rates charged for water and garbage
collection shall be those set forth in Ordinance 236 of the City
of Chubbuck, Idaho, passed and approved on September 28, 1982.
Copies of all Resolutions subsequently passed by the City Council
pursuant to this Section shall be kept on file and made available
in the Office of the City Clerk/Treasurer.
SECTION 3: Billinqs and Collection Procedures for Utilities.
Billing and Collection Procedures for Water,Sewer and Garbage
collection shall be as follows:
A) Billing Period. All services shall be billed on a
monthly basis. The billing period for water service shall extend
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from the 16th day of one calendar month to the 15th day of the
succeeding calendar month. The billing period for garbage
collection and sewer service shall extend from the first to the
last day of each calendar month. Any lot, property, building or
residence owned or occupied for a period of less than one month
shall be entitled to a prorata refund for any full day of the
billing period during which the premises were unowned or
unoccupied.
B) Rendering of Bills. All bills for water, garbage
collection and sewer services shall be rendered during the last
week of each calendar month, and shall state the charge for the
billing period during which the bill is rendered. The bills for
each service may be consolidated on a single statement, so long as
each service is separately identified and charged. Each statement
shall plainly indicate that the bill becomes past due on the 15th
day of the calendar month after which it was rendered.
C) Notice of Delinquencies and Hearing Procedures. If a
bill has not been fully paid by the 15th day of the month after
which it was rendered, the same shall become delinquent and a
written notice of the delinquency and impending termination of
water service shall be mailed to the premises. The written notice
shall be served or mailed at least fifteen (15) days prior to
suspending service. Such notice shall state the date on which
service is to be suspended, the amount of delinquent charges and
the right to request in writing a pre-termination hearing. This
hearing will be held before the City Council, who shall have the
power to review disputed bills and rectify errors in the billing,
provided said written request is received by the City Clerk, at
least one day prior to the proposed suspension date. Upon receipt
of such a timely request, the City Council shall give written
notice to the party requesting the hearing as to the date, time
and place of said hearing, which hearing will be held not sooner
than five (5) days from the date of request. The City Council
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shall make a record of any pre-termination hearing and shall
within ten (10) days of the hearing, render a decision in writing,
giving reasons for the determination.
D) Termination of Service. If a request for a
pre-termination hearing is not made within fifteen (15) days after
the written notice provided for herein is mailed to the premises,
or if an adverse decision is rendered against the party requesting
the hearing, all deposits held by the City shall be immediately
forfeited and applied to the outstanding balance of the unpaid
utility bill with any surplus refunded, upon demand, to the person
or entity who originally paid said deposit to the City or to the
assignee of such person or entity, and the City shall immediately
thereafter suspend water, garbage collection and sewer service.
E) Restoration of Service. In the event that water, garbage
collection and sewer service has been terminated, the same shall
be restored only upon the payment of any amounts still owing upon
the utility bill after the forfeiture of all deposits, plus a Ten
Dollar ($10.00) turn on/off fee, as well as the deposit required
by this Resolution; provided, however, that payment of the amount
remaining after the forfeiture of all deposits, shall not be
required in the event that the party whose water service has been
suspended for nonpayment has filed a Petition for Relief under
Chapter 7, 11 or 13 of Title 11 of the United States Code, and
this delinquent bill either has been listed or is eligible to be
listed on the schedule of unsecured creditors.
F) Amount of Deposits. At the time of application for
water, sewer or garbage collection service, or of application for
restoration of terminated water, sewer, or garbage collection
service, the owner or occupant of any lot, property, building or
residence requesting such service shall deposit with the City
Clerk the following amounts, in order to guaranty the payment of
monthly water, sewer or garbage collection charges. If the lot,
property, building or residence is devoted to residential uses,
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the deposit shall be in the amount of Forty Dollars ($40.00) for
each individual living unit located on or in such lot, property,
building or residence. For nonresidential uses, the deposit shall
be in an amount equal to one-sixth (1/6) of the total utility
bills paid for such lot, property or building over the 12-month
period during which said lot, property or building most recently
received water, sewer and garbage collection services from the
City. In the event said nonresidential lot, property or building
has not previously been connected to or received the City's water,
sewer or garbage collection services, then the amount of the
deposit shall be set by the City's Public Work Director in an
amount of one-sixth (1/6) of the estimated annual utility bill for
said lot, property or building, based on similar non-residential
lots, property or buildings located in the City. The decision of
the City Public Works Director may be appealed to the City Council
for final determination of the amount of said deposit. All
deposits shall be held in a fund known as the Utility Service
Deposit Fund and shall be retained in said fund until all water,
sewer and garbage collection services have been terminated or
until the owner or occupant shall have discontinued the ownership
or occupancy of such lot, property, building or residence. At
such time, said deposit shall be repaid to the person or entity
who originally paid said deposit to the City Council, and water,
sewer and garbage collection services for such lot, property,
building or residence shall be terminated unless a new deposit
has been paid by the new owner or occupant and all other
ordinances of the City relative to the receipt of water, sewer and
garbage collection services have been complied with. The deposits
paid under this subsection shall not bear interest payable to the
depositor while being held in the Utility Service Deposit Fund,
and shall be subject to disbursement in accordance with the
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procedures set forth hereinabove in the event of the owner's or
occupant's failure to pay in a timely fashion the monthly utility
charges.
SECTION 4: Repeal. The conflicting provisions of any prior
ordinances are hereby repealed to the extent of such conflict.
SECTION 5: Severabilit¥. If any section, paragraph, clause
or provision of this ordinance shall be held invalid by any court
of competent jurisdiction, for any reason, such holding shall not
affect the validity or enforceability of any remaining provision
thereof.
SECTION 6: Effective Date. The rule requiring ordinances to
be read on three (3) separate days is hereby dispensed with, and
this ordinance shall become effective upon its approval and
publication as provided by law.
PASSED BY ~ MAYOR AND COUNCIL OF THE CITY OF CHUBBUCK,~-
IDAHO, this /~ day of ~"~ , 1984. ~
ATTEST:
CITY CLERK
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