HomeMy WebLinkAbout0703 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 €arty 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
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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
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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
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