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0703 Utility Deposits 2011CITY OF CHUBBUCK, IDAHO ORDINANCE NO. 703 AN ORDINANCE OF THE CITY OF CHUBBUCK, IDAHO, AMENDING SECTION 13.04.090 OF THE CHUBBUCK MUNICIPAL CODE TO PROVIDE FOR THE DEPOSIT DUE UPON INITIAL SERVICE, TO PROVIDE FUTURE CHANGES IN THE DEPOSIT MAY BE ADOPTED BY RESOLUTION OF THE CITY COUNCIL AND TO PROVIDE FOR THE DEPOSIT TO BE THREE TIMES THE MINIMUM MONTHLY BILL IN THE EVENT A CUSTOMER HAS BEEN DELINQUENT IN THE PAST; REPEALING PRIOR CONFLICTING ORDINANCES; PROVIDING FOR THE SEVERABILITY OF THE PROVISIONS OF THIS ORDINANCE; PROVIDING THAT ALL OTHER SECTIONS OF CHAPTER 13.04 NOT AMENDED SHALL REMAIL? IN EFFECT; AND PROVIDING WHEN THIS ORDINANCE IS EFFECTIVE. BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF CHUBBUCK, IDAHO: Section 1. Section 13.04.090 is amended as follows: 13.04.090: 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 sum of ÔéČarty One Hundred dollars ($46:66100)3 council for each service connection to such lot, property, building or residence in order to guaranty the payment of monthly water, sewer or garbage collection charges. 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 clerk, 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 section 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 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. to Ordinance - Page 1 chubbuck 120710 utility dep ord.wpd ADMINISTRATIVE PROVISIONS Section 1. Repeal of Conflicting Ordinances. The provisions of any Ordinance of the City and any provision of the Municipal Code which are in conflict with the provisions of this Ordinance are repealed to the extent of such conflict. All other sections of Chapter 13.04 not herein amended shall remain in effect. Section 2. Severability. The sections of this ordinance are severable. The invalidity of a section shall not affect the validity of the remaining sections. Section 3. EfL-e i'Ve Date. The rule requiring an ordinance to be read on three separate days, one of which shall be a reading in full, is dispensed with, and this Ordinance shall become effective upon its passage, approval and publication. PASSED BY THE COUNCIL AND APPROVED BY THE MAYOR OF THE CITY OF CHUBBUCK, IDAHO, this -2.'3 day of 32011 *ven England, Mayo ATTEST: &I"j. L Richard Morgan, City lerk Ordinance - Page 2 chubbuck 120710 utility dep ord.wpd LAW OFFICES JONES, CHARTERED 203 SOUTH GARFIELD P.O. BOX 967 LAMONT JONES POCATELLO, IDAHO 83204-0967 TELEPHONE: (208) 232-5911 JACK H. ROBISON FAX: (208) 232-5962 THOMAS J. HOLMES E-MAIL: tholmesid@gmail.com MR. HOLMES' TELEPHONE EXTENSION: 103 June 7, 2011 Rich Morgan City of Chubbuck P O Box 5604 Chubbuck, ID 83202 Dear Rich: Enclosed is the updated ordinance for the utility deposit with the amount of the deposit changed to $100. We recently had an ongoing discussion amongst the city attorneys on line as to the ability to assert a lien against a landlord for a tenant's utility bills and do a special assessment under Idaho Code §50-1008. It was pointed out that City of Grangeville v Haskin, 116 Idaho 535 (1989) specifically prohibited a city from filing a lien and doing a special assessment for utility bills which are a proprietary function as opposed to a governmental function. There was then an ongoing discussion about whether in setting up an account an agreement could be obtained to get a consensual lien. Most of the city attorneys agreed that would be possible however the application would need to be signed by the owner of the real estate which would be a problem with landlords. I do think we should make that part of our procedures; we may miss some landlords but at least we will have the ability to recover on home owners. Most city attorneys agreed the shut off orders worked well but it was pointed out in Boise, which is served by private water companies, they actually have to do a sewer shut off which is interesting. Additionally you sent me an e-mail on May 27 about Lindsey Steed and whether you could add that bill to Adam Steed. Lindsey and Adam would had to have been married in 2008 and both occupying 402 Briarwood in order for you to have the ability to add the $331 delinquent bill from account 1 to Adam's account number 3, and even then that may not work. Let me know if you have any other questions. Sincerely, somas J. TJH/ah chubbuck0607I Lll.wpd