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0261 Utility Billing Procedures 1984CITY OF CHUBBUCK, IDAHO ORDINANCE NO. 261 AN ORDINANCE OF THE CITY OF CHUBBUCK, IDAHO, AMENDING SECTION 3 (F) OF CHUBBUCK CITY ORDINANCE NO. 256 TO PROVIDE FOR THE ESTABLISHMENT OF A REQUIREMENT THAT ANY PERSON APPLYING FOR CITY UTILITY SERVICES MUST PAY TO THE CITY A FORTY DOLLAR SECURITY DEPOSIT; AMENDING SECTION 3 OF CHUBBUCK CITY ORDINANCE NO. 256 BY THE ADDITION OF A NEW SUBSECTION (G) WHICH REQUIRES THAT ALL PAST DUE UTILITY CHARGES BE PAID PRIOR TO THE COMMENCEMENT OR RESTORATION OF CITY UTILITY 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: Amendment. Section 3 (F) of Ordinance 256 of the City of Chubbuck, Idaho, enacted on the 10th day of July, 1984 is hereby amended to read as follows: SECTION 3: Billings and Collection Procedures for Utilities. Billing and Collection Procedures for Water,Sewer and Garbage collection shall be as follows: 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 sum of Forty Dollars ($40.00) for each service connection to such lot, property, building or residence ~{{~w~n~3~-~m~u~Fes, in order to guaranty the payment of monthly water, sewer or garbage collection charges. ~e~- ~~aR-~se~,- ~h~p~- ~- ~-~e a~n~- ~- ~- Ordinance - Page 1 jm 1P-19 ~e- {~r- -~e~e~l- -t-h e- ~-f-t~ y-' ~ -wa~ r- eewe ~- e~- ~~r- ~e~-~-s&~ a~-~a--r-es & e~-~i&~i~s-&~ea~-fa-~tq~e-~-~%y .... ~e- f i ~a-~-8~t~m&~ i e~- -e ~- {4~e- ~a~- ~- ea-i~- 4~pe s &Jo-. A11 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 , 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 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: Adoption of New Section 3 (G). Section 3 of Ordinance No. 256 of the City of Chubbuck, Idaho, enacted on the 10th day of July, 1984, is hereby amended by the addition of a new Subsection (G) to read as follows: SECTION 3: Billings and Collection Procedures for Utilities. Billing and Collection Procedures for Water, Sewer and Garbage collection shall be as follows: G) Payment of Past Due Amounts. At the time of application for water, sewer or garbage collection service, or of application for restoration of the same, and prior to the commencement or restoration of such service, the owner or occupant of any lot, property, building or residence for which such service is requested shall pay to the City any and all past due amounts for water, sewer or garbage collection service due to the City by such owner or occupant, whether such past due amounts are attributable to the property for which service is now sought or are attributable Ordinance - Page 2 jm 1P-19 to other property in the City currently o__r previously owned or occupied by the applicant. For purposes of this subsection, owner shall mean any person or entity who holds legal or equitable title to the property. For purposes of this subsection, occupant shall mean a person or entity who is physically in possession__°f the property and is legally responsible for the upkeep and maintenance of the same, including, but not limited to, the head of any extended family residing thereon. SECTION 5: Repeal. The conflicting provisions of any prior ordinances are hereby repealed to the extent of such conflict. SECTION 6: Severability. 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 7: 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 THE MAYOR AND COUNCIL OF THE CITY OF CHUBBUCK, IDAHO, this 27th day of NOVEMB~ , 1984. M~YOR ATTEST: CITY CLERK Ordinance - Page 3 jm 1P-19