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0256 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 Ordinance No. 129 and Section 20 of Ordinance 236 of the City of Chubbuck, Idaho, are hereby repealed.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 Ordinance - Page 1 jm 1P-54 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 Ordinance - Page 2 jm 1P-54 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, Ordinance - Page 3 jm 1P-54 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 Ordinance - Page 4 jm 1P-54 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 Ordinance - Page 5 jm 1P-54