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0612 Utility Billing 20060 0 CITY OF CHUBBUCK, IDAHO ORDINANCE NO. 612 AN ORDINANCE OF THE CITY OF CHUBBUCK, IDAHO, AMENDING SECTION 13.04.080 TO PROVIDE FOR TURN-ON/OFF FEES THAT ARE SET FROM TIME TO TIME BY COUNCIL RESOLUTION; AMENDING SECTION 13.08.400 TO CONFORM THE CODE TO THE CURRENT PRACTICE OF HAVING THE CLERK'S OFFICE AND THE MAYOR DETERMINE THE EXCESS CONSUMPTION DUE TO LEAKAGE FOR PURPOSES OF BILL ADJUSTMENT, PURSUANT TO SECTION 13.08.400; AMENDING SECTION 13.08.470 TO PROVIDE THAT THE WATER BILLS ARE TO BE PAID ON OR BEFORE THE 15TH OF EACH MONTH AND ELIMINATING OBSOLETE PROVISIONS OF SECTION 13.08.470; REPEALING PRIOR CONFLICTING ORDINANCES; PROVIDING FOR THE SEVERABILITY OF THE PROVISIONS OF THIS ORDINANCE; PROVIDING THAT ALL OTHER SECTIONS AND PROVISIONS OF CHAPTERS 13.04 AND 13.08 NOT HEREIN AMENDED SHALL REMAIN IN FULL FORCE AND EFFECT; AND PROVIDING WHEN THIS ORDINANCE SHALL BECOME EFFECTIVE. BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF CHUBBUCK, IDAHO: Section 1. Section 13.04.080 is amended to read as follows: 13.04.080 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 for the forfeiture of all deposits, plus a ten dollar . turn-on/off fee, and, if applicable, an additional after -hour turn-on/off fee if performed at a time other than normal City business hours, as well as the deposit required by this Chapter; provided, however, that payment of the amount remaining after 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. The turn-on/off fee and the after -hour turn-on/off fee shall be set from time to time by resolution of the City Council. Section 2. Section 13.04.400 is amended to read as follows: 13.08.400 Bill payments and adjustments: Any bill for water supplied or service rendered will be considered a proper charge unless protest is made to the water department within ten days after presentation of the bill. Adjustment will only be allowed when evidence clearly shows that the excessive charge is due to leaking pipes or fixtures and not wasteful use and then only when repairs have been promptly made and reported to the water department. No allowances will be made covering more than two consecutive billing periods, including the billing period in which the protest was made. Adjustments ordinarily will be made on the basis of one-half of the excess delivery due to leakage during two consecutive billing periods, but in case of concealed leaks in underground or unexposed pipes, full access may be allowed for such two billing periods. Not more than one allowance will be made to the same consumer for the same premises in any twelve-month period. The superintendent of the water departm City Clerk or the Clerk's designee acting with the approval of the Mayor shall be the sole judge in determining the excess consumption due to leakage. Ordinance - Page 1 chubbuck041806.ordinancemiod 0 . Section 3. Section 13.08.470 is amended to read as follows: 13.08.470 Charges - Due dates and delinquent penalty: All charges for water service shall be due at the office of the city treasurer as follows: A. Water rent shall be due and payable on the first of each month and must be paid on or before the tenth fifteenth of each and every month. B. The city council may by resolution divide the municipality into subdistricts and require the water rent for each subdistrict to be due and payable upon a different date of the month. Such resolution and due dates of water rent may be altered, from time to time, at the discretion of the city council, provided all water rent in any such subdistrict shall become due an payable on the same date for all users within that subdistrict upon appropriate notice placed upon the water bill or otherwise the user of any change in the due date for water rent. ADMINISTRATIVE PROVISIONS Section 1. Repeal of Conflicting Ordinances. The provisions of any Ordinance of the City of Chubbuck, Idaho, and any provision of the Chubbuck Municipal Code which are in conflict with the provisions of this Ordinance are hereby repealed to the extent of such conflict. All other sections and provisions of Chapters 13.04 and 13.08 not herein amended shall remain in full force and effect. Section 2. Severability. If any provision of this ordinance is held invalid, for any reason, by any court of competent jurisdiction, such holding shall not affect the validity or enforceability of any of the remaining provisions. Section 3. Effective Date. The rule requiring an ordinance to be read on three separate days, one of which shall be a reading in full, is hereby dispensed with, and this Ordinance shall become effective upon its passage, approval and publication as provided by law. Ordinance - Page 2 chu bbuck041806.ordinancemiod PASSED BY THE COUNCIL AND APPROVED BY THE MAYOR OF THE CITY OF CHUBBUCK, IDAHO, this 25th day of April, 2006. L 1 MAYOR ATTEST: 40n,. t ' eA-l� RON C. CONLIN, CITY CLERK Ordinance - Page 3 chubbuck041606.ordinance.wpd