Ordinance No. 19939 - Laserfiche WebLink

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terms 1 i steel below are replaced i n this ordinance as indicated below: Historic term Repl a,~,, ntt,,,erm drainage stormwater sanitary sewer wastewater system sewage wastewater sewer service stormwater service and wastewater service storm sewer stormwater system F. ~t is more equitable if the charges for stormwater service are calculated i n a manner that reflects the use of the stor~ater service. The presence of impervious surface on property i s a reasonabl a indicator of the amount of water that may be discharged into the city stormwater system and, therefore, i s a reasonabl a basis upon which to determine the charge for stormwater service, G. The Council desires that those who use stormwater service pay for the service. Those who dispose of stormwater without using the city stormwater system should not have to pay for stormwater service. H. The City provides a valuable public service by providing stormwater systems for the cal l ect~ on and d~ sposal of stormwater discharged from properties within and without the city and from the public rights-of -way within the city. The city stormwater system con st i tutes a publ i c ut i 1 i ty owned and operated by the City of Eugene. The ut~1 qty exists for the benefit of any person within the city who wants to have the system oval 1 abl a for the diversion, col 1 ectivn and di sposal of stormwater from the person's premises and represents a muni ci pal service i n a level oped urban envy ronment which i s essential to the public health, safety and welfare. I. Developers, owners, or occupants of property who use stormwater service ought to be charged rates that reflect the operation of the city stormwater system as a publ i c uti 1 i ty. Developers, owners, or occupants of property ought not be compelled to use this uti 1 i ty, nor to pay monthly uti 1 i ty rates, i f the uti 1 i ty i s not to be used by the person, Developers, owners, or occupants of property who undertake the installation of foci 1 i ti es on real property that reduce or eliminate the discharge of stormwater into the city stormwater system ought to be given credit, i n prapart i on to the degree of reduction or elimination, against stormwater service charges that would otherwise be due. J . Accordingly, the structure of the stormwater ut i 1 i ty i s intended to be a fee far service and not a charge against property. Although this structure i s intended to contt i tute a servi ce charge, even i f i t i s viewed as a char e 9 agar nst property or agar nst a property owner as a d~ rect consequence of ownershi p of that property, the ut i 1 i ty's rate structure should nanethel ess allow the owner to have the ability to control the amount of the charge. Similarly, the uti 1 i ty's rate structure shoul d refl ect the actual costs of providing the service and not impose charges on persons not receiving a service. The actual costs may include al 1 costs the uti 1 i ty might incur were i t i n private ownership. k. Improperly drained property and poorly maintained drainage courses Ordinance - 2