A. Responsibility Of City Finance Officer; Bond: The city finance officer shall be charged with the responsibility for the proper billing, collection and application of all charges due for service rendered and made available by the system, and for the discontinuance of service in case of nonpayment of charges or noncompliance with regulations; and the finance officer shall be bonded at all times with a surety company authorized to do business in Montana, pursuant to subsection 1-7-1B of this code, to assure the faithful carrying out of such duties. Any failure on the part of the finance officer to comply and to enforce compliance on the part of all officers and employees concerned with the provisions of this title, and with the city's other regulations respecting the water, sewer and solid waste systems, shall constitute malfeasance for which the finance officer and the surety on his bond shall be personally liable. (1975 Code §§ 7-3-2, 8-4-4; amd. Ord. 357, 12-1-1997; 2015 Code)
B. Default On Water Or Sewer Bonds: In the event of default on the part of the city in the payment of principal of or interest on any bond promptly as each falls due, or in the keeping of any covenants herein contained, and if such default shall continue for a period of sixty (60) days, the city council will appoint a special superintendent for the system, with the power and responsibility to operate the system for the city, and to recommend to the council such revisions of the rates and charges and operating policies as may be necessary to comply with this title, and to assure that the net revenues will be sufficient to pay all bond principal and interest, and he shall in all things so operate the system as to fully comply with all the requirements and provisions of this title. The right of the holders of the bonds to require employment of such a superintendent shall not be exclusive, and in the event of default as herein outlined, such holder or holders shall have the right to proceed at law or in equity to require the performance of the covenants herein contained, in any form of action which shall to them seem appropriate. (1975 Code § 8-4-4; amd. Ord. 357, 12-1-1997)