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Ordinance 31560006.030.003(A) WSS /srf 07/10/97 R:07/11/97 R:07 /14 /97gjz ORDINANCE NO. 315-6- AN ORDINANCE OF THE CITY OF EDMONDS, WASHINGTON, AMENDING THE PROVISIONS OF CHAPTER 3.50 RELATING TO MISCELLANEOUS CHARGES IN ORDER TO AMEND SECTION 3.50.020 CHARGES -- INSUFFICIENT FUNDS AND OTHER RETURNED CHECKS AND ADDING A NEW SECTION 3.50.030 TO PROVIDE FOR A DELINQUENCY CHARGE ON CITY UTILITY ACCOUNTS AND FIXING A TIME WHEN THE SAME SHALL BECOME EFFECTIVE. WHEREAS, the City Council finds it to be inappropriate for the general citizenry to bear the costs imposed upon the City when an individual fails to timely pay their utility bill or when an insufficient funds check is provided to the City, and WHEREAS, the City incurs a variety of costs in order to return and process insufficient funds checks and receive payment or in the process of notifying a customer of delinquency in obtaining payment, and WHEREAS, the City Council finds that a charge of $18.00 is commensurate with the City's actual cost of processing and obtaining payment for insufficient funds checks and approximately 10 percent of the amount of the utility billing, providing the Council deems it appropriate to establish a minimum level of $21.00 relating to the threshold before a utility bill is considered delinquent in order to avoid imposing unnecessary costs on de minimis charges, NOW, THEREFORE, 167240.10 -1- THE CITY COUNCIL OF THE CITY OF EDMONDS, WASHINGTON, DO ORDAIN AS FOLLOWS: Section 1. Section 3.50.020 of the Edmonds City Code Charges -- Insufficient Funds and Other Returned Checks is hereby amended to read as follows: 3.50.020 Charges -- Insufficient Funds and Other Returned Checks. A charge of $18.00 shall be assessed against any person who has made a payment to the City by check for any fee or charge when such check is returned by the bank against whom it has been drawn due to insufficient funds on account, closure of the account, or any other reason resulting in nonpayment of the check. The $18.00 fee shall be paid prior to the application of any payment against the fee or charge initially assessed. Nothing herein shall be interpreted to limit or prohibit the City from collecting reasonable attorney's fees in the event that it is enforced to collect the account through a judicial remedy. Section 2. Chapter 3.50 Miscellaneous Charges is hereby amended by the addition of a new Section 3.50.030 Delinquency Charge to read as follows: 3.50.030 Delinquency Charge. A charge equal to 10 percent of the outstanding balance of the delinquent utility bill shall be added as a fee, except in cases of extraordinary hardship as determined by the Public Works Superintendent or his /her designee. The decision of the Public Works Superintendent shall be appealable to the Finance Committee of the Edmonds City Council. The account shall be considered delinquent 35 days after the sending of the regular billing. Such delinquency notice and billing will be provided 35 days following the mailing of a regular utility bill. This charge shall be applicable to all delinquent utility billing accounts except for commercial and sewer only accounts. In order to be considered delinquent an account must total $21.00 or more of delinquency, and no delinquency charge shall be levied against any delinquent account under $21.00. This delinquency charge shall be paid prior to the application of any payment against the fee or charge initially assessed and nothing herein shall be interpreted to 167240.10 -2- limit the City's collections of its attorney's fees and other reasonable costs and charges in the event it is forced to seek judicial remedy for collection. Section 3. Severability. If any section, sentence, clause or phrase of this ordinance should be held to be invalid or unconstitutional by a court of competent jurisdiction, such invalidity or unconstitutionality shall not affect the validity or constitutionality of any other section, sentence, clause or phrase of this ordinance. Section 4. Effective Date. This ordinance, being an administrative action, is not subject to referendum and shall take effect five (5) days after publication of an approved summary thereof consisting of the title. APPROVED: MMAYOR, BARBARA ATTEST /AUTHENTICATED : "�ZweL4, 4z. CITY CLERK, SANDRA S. CHASE APPROVED AS TO FORM: OFFICE OF THE CITY ATTORNEY: BY FILED WITH THE CITY CLERK: 08/01/97 PASSED BY THE CITY COUNCIL: 08/05/97 PUBLISHED: 08/10/97 EFFECTIVE DATE: 08/15/97 ORDINANCE NO. 3156 167240.10 -3- SUMMARY OF ORDINANCE NO. 3156 of the City of Edmonds, Washington On the 5th day of August , 199 7 , the City Council of the City of Edmonds, passed Ordinance No. 3156 A summary of the content of said ordinance, consisting of the title, provides as follows: AN ORDINANCE OF THE CITY OF EDMONDS, WASHINGTON, AMENDING THE PROVISIONS OF CHAPTER 3.50 RELATING TO MISCELLANEOUS CHARGES IN ORDER TO AMEND SECTION 3.50.020 CHARGES -- INSUFFICIENT FUNDS AND OTHER RETURNED CHECKS AND ADDING A NEW SECTION 3.50.030 TO PROVIDE FOR A DELINQUENCY CHARGE ON CITY UTILITY ACCOUNTS AND FIXING A TIME WHEN THE SAME SHALL BECOME EFFECTIVE. The full text of this Ordinance will be mailed upon request. DATED this 6th day of August , 199 7 CLERK, SANDRA S. CHASE IVED Summary of ordinance No. 3156 .. .......................................... ............................... .. ..................... ................. . .. nance will be mailed,- upon request. ................................................................. ............................... DATED this 8th .dey of " " " " "' " "' " " " " " " " " " " "' " " " " "" August, 1997. SANDRA s. CHASE a printed copy of which is hereunto attached, was published, in said City Published: A Cuglerk ust 10, 11997. newspaper proper and not in supplement form, in the regular and entire edition of said paper on the following days and times, namely: August 10, 1997 ....................................................................................................... ............................... .............L ....................................................................................... ............................... I' a tat? said newspaper was regL la r1 distributed to its subscribers darn -all of said period. ��C � j.. I! 1.,:':`\.`.- ............................ L . 7 } Principal Clerk Subscribed and sworn to before me this ..........11th .................. day August ................. ...1....................... , 4,N�otary of ............. ............ --------------- -------- Public in a or the Eate o Washington, residing at Everett, Snohomi C City. �� .��SStOH Efif►i .c V�pTARY \oF wASw�/ 0 -2 -t AUG 2 0 9997 Affidavit of Publication EDMOND$ CITY CLERK STATE OF WASHINGTON, COUNTY OF SNOHOMISH, ss SUMMARY OF — The undersigned, being first duly sworn on oath deposes and says ORDINANCE NO. 3150 of the City of Edmonds, Washington that she is Principal Clerk of THE HERALD, a daily newspaper On the 5th day of Au ust, I97, the City Council .ora the printed and published in the City of Everett, County of Snohomish, Ityy of Edmonds passed,. No. 315 A sum Ear..of ary, of the content of said n dinance, consisting : of the and State of Washington; that said newspaper is a newspaper of provides as follow V I E s: ORDNANC OF THE general circulation in said County and State; that said newspaper OTON EAMENDINGWATHE 1O VISIONS has been approved as a legal newspaper by order of the Superior OF CHAPTER 50' RELATING TO MISCEL- ,NEOUS CHARGES IN_OR- Court of Snohomish County and that the notice ......... ............................... Summary of ordinance No. 3156 .. .......................................... ............................... .. ..................... ................. . .. nance will be mailed,- upon request. ................................................................. ............................... DATED this 8th .dey of " " " " "' " "' " " " " " " " " " " "' " " " " "" August, 1997. SANDRA s. CHASE a printed copy of which is hereunto attached, was published, in said City Published: A Cuglerk ust 10, 11997. newspaper proper and not in supplement form, in the regular and entire edition of said paper on the following days and times, namely: August 10, 1997 ....................................................................................................... ............................... .............L ....................................................................................... ............................... I' a tat? said newspaper was regL la r1 distributed to its subscribers darn -all of said period. ��C � j.. I! 1.,:':`\.`.- ............................ L . 7 } Principal Clerk Subscribed and sworn to before me this ..........11th .................. day August ................. ...1....................... , 4,N�otary of ............. ............ --------------- -------- Public in a or the Eate o Washington, residing at Everett, Snohomi C City. �� .��SStOH Efif►i .c V�pTARY \oF wASw�/ 0 -2 -t