Ordinance 22-07

Amending Ordinance 82-08 and Declaring an Emergency

Whereas, Ordinance 82-08 ordains procedures governing the payment of water utility bills and shutoff procedures,

Whereas, Ordinance 17-01 ordains the most recent procedures governing the payment of water utility bills and shutoff procedures,

Whereas, the necessity for Sodaville citizens to be governed by uniform ordinances that do not conflict requires immediate changes to the City’s water system ordinance,

Resolved,

THE CITY OF SODAVILLE ORDAINS AS FOLLOWS:

Ordinance 82-08 is hereby amended as follows:

Section 1.

Section 12 is amended as followed:

1. Meter readings:

   1. The Water Utility will read all meters quarterly or when service is terminated monthly, when service is terminated, and other occasions at the discretion of the Public Works Director.

2. Meter reading accounts:

The Water Utility will keep an accurate account on its books of all readings of meters and such account so kept shall be offered at all times, places, and courts as prima facia evidence of the use of water service by the customer.

3. Rendering of bills:

   1. The monthly minimum may be paid monthly without billing.

   2. All meters shall be read and bills adjusted quarterly monthly.

   3. Bills for other than normal billing period. Opening or closing bills, or bills that for any other reason cover a period containing 10 percent more days or 10 percent less days than in the normal billing period shall be prorated.

   4. Adjustments on accounts shall be made after the quarterly monthly reading or at termination in order to reflect any overcharge or undercharge since the last actual reading.

   5. Bills for more than one meter. All meters supplying a customer's premises shall be billed separately, except that where the Water Utility has for operating purposes installed two or more meters in place of one, the reading may be combined for billing.

   6. Bills shall be delivered by mail and postmarked no later than the 10th day of the month.

4. Disputed bills: When a customer disputes the correctness of a bill, he shall deposit the amount of the disputed bill at the time the complaint is lodged, to preclude discontinuance of service pending final settlement of the bill or bills. Subsequent bills shall be paid or placed on deposit in a similar manner. Failure of the customer to make such a deposit shall warrant discontinuance of service as provided under subsection (6) of this section.

5. Payment of bills: Payment is due at the Sodaville City Finance Office no later than the twenty-fifth of the month following the month the bill was mailed. If the bill is not paid by the date, the account shall be considered delinquent, unless other arrangements have been made with the Water Department in writing that specify another due date.

6. Method of payment: Checks or money orders will serve as receipts. Cash payments may also be made.*

7. Delinquent Accounts: shall be handled in the manner prescribed by the City’s Fee Ordinance.

   1. Past Due Notice: A reminder that the account is delinquent will be sent on the tenth day after the account becomes delinquent.

   2. Urgent Notice: On the twentieth day after the account becomes delinquent, an urgent notice will be sent to the customer's service address, and, if different to the property owner's address stating that if the account is not paid in full within 10 calendar days of the date of the Urgent Notice, the following may occur.

      1. Water service at this location may be discontinued.

      2. This delinquent account may be transferred to an other account that the customer may have within the city resulting in immediate disconnection of water service at these locations.

      3. Legal proceedings may be instituted for collect ion the account.

      4. A substantial deposit may be required in addition to payment of the delinquent accounts before water service will be resumed.

This action to be taken is within the City Council. A rebilling charge of $2.50 will be added to the amount past due to cover the cost of processing this notice. The notice will also state that the Water Utility charges 1% a month service charge on the delinquent balance.

3. Turn Off Notice: On the thirtieth day after the account becomes delinquent, a turn-off notice will be handed delivered to the service address stating that the water will be turned off if payment in full is not received within 5 days. A delivery of turn-off notice charge of $7.50 will be added to the amount past due to cover the cost of delivering this notice.

4. Service turn-off: On the turn-off date, the Public Works Superintendent or other agent of the City of Sodaville shall deliver a written notice to the customer stating that the water service is being turned off until all delinquent amounts have been paid. The Public Works Superintendent or other agent of the City shall immediately thereafter turn off the service. A delivery to the premises served by the meter shall be considered a delivery to the customer. A turn-off charge of $10.00 will be added to the amount past due.

• Installment payments of delinquent accounts: In cases of extreme hardship, the City Finance Officer shall have the discretion of renewing service to a delinquent account upon receipt of a satisfactory installment plan for the payment of the overdue amount, installment period not to exceed the period of time the account was delinquent.

Section 2.

The following references to “Public Works Superintendent” and “Common Council shall be respectively replaced by “Public Works Director” and “City Council”:

Section 3. Common City Council: The legally elected group of Councilors and the Mayor, the Common City Council of the City of Sodaville, Oregon, having the power and authority to set rates, fees, penalties and other charges for the consumption of water and use of Water Utility facilities.

Section 3. Public Works Director Superintendent: The person hired by the Common City Council to superintend to the affairs of the Water Utility.

Section 5.5. Special Contracts: When the applicant's requirements for water are unusual or large, such as an independent water district, or necessitate considerable special or reserve equipment or capacity, the Public Works Department, by authorization of the Common City Council, reserves the right to make special contract, the provisions of which are different from and have exceptions to the regularly published water rates, rules and regulations. This special contract shall be in writing, signed by the applicant and approved by the Common City Council and City Attorney and signed by the Mayor and City Recorder of the City of Sodaville.

Section 5.6. Resale of Water. Resale of water shall be permitted only under special contract, in writing, between the Common City Council and the persons, parties or corporation selling the water.

Section 7.1. Within the city limits: Water main extensions to areas within the city limits not presently served with water shall be installed by the developers of said areas, under provisions to be established by the Common City Council, entirely at the expense of the developer.

Section 7.2. The Common City Council shall determine the size of the main extension and all extensions shall be of a suitable material approved by the Common City Council.

Section 8.2. The Water System Charge shall be determined by the Common City Council and published in the current Fee Ordinance.

Section 8.4. The minimum size or service shall be five-eights inch. The Water Utility may refuse to install a service line which is under-sized or oversized as determined by a study and report of the Public Works Director Superintendent to the Common City Council.

Section 9.3. The size and type of meter: Applicant may request and receive any size meter regularly stocked or furnished by the Public Works Department, provided the request is reasonable and further provided that the meter is not greatly oversized or undersized, as determined by the Public Works Director Superintendent.

Section 9.4. Location of meters: Meters shall normally be placed at the curb or property lines. The meter will be installed where the applicant desires within reason, but the location must be approved by the Public Works Director Superintendent.

Section 13.2.2. This fee shall be $15.00 for meters 3/4 inch and smaller, and for meters larger than 3/4 inch shall be an estimate of the cost of testing the meter as determined by the Public Works Director Superintendent.

Section 17. All duly appointed employees of the Public Works Department, under the direction of the Public Works Director Superintendent shall have free access at all reasonable hours of the day to any and all parts of structures and premises in which water is or may be delivered for the purposes of inspecting connections, the conditions of conduits and fixtures, and the manner and extent in which the water is being used.

Section 3.

Section 6.5 is hereby abolished and Section 6.6 is hereby renumbered Section 6.5.

Section 4.

Section 9.2 is amended to read: Installation of water meters shall be performed only by authorized employees or contractors authorized by the Public Works Director of the Public Works Department.

Section 5.

Section 10.4 is amended to read: The City Recorder Finance Officer shall have authority to deprive the property concerned of said water service for failure to pay the water service charges.

Section 6.

Section 15.1 is amended to read: Restoration of service after discontinuance for nonpayment of bills shall be made after payment of current and past due charges in accordance with the City’s Fee Ordinance plus $10.00 for restoration charge and posting a deposit as hereinto provided.

Section 15.2 is amended to read: The restoration charge shall be governed by the City’s Fee Ordinance $35.00 plus any other charges due or past due that the Water Utility may have incurred to correct the irregularity.

Section 7.

It is hereby declared that conditions in the City of Sodaville are such that this Ordinance is necessary for the immediate preservation of the peace, health, safety and general welfare of the City and the residents thereof, and an emergency is hereby declared to exist and this Ordinance shall be in full force and effect from and after its passage by the City Council and signing by the Mayor.

Passed by the Council this 20 day of October, 2022.