Ordinance No. 19939 - Laserfiche WebLink

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CITY OF EUGENE INTER-DEPARTMENTAL MEMORANDUM CITY ATTORNEY -CIVIL, DEPAR'T'MENT ' i To: Kate Fieiand -Deputy City Recorder Date: May 1S, 2000 Subject: Administrative Correction to EC 6.6001} In a telephone call to our off ce you brought to our attention that Subsection ~ 1 } of Section 6.640 of the Eugene Code,1971 contains a reference to "subsection 6.6003}," and asked that we determine whether this was a scrivener's error, or if a subsection had been erroneously omitted, since there is no subsection ~3} to Section 6.600. Based on the review noted below, we conclude the intended reference was to "subsection 6.4163}," and you are requested to administratively correct the reference in EC 6.6001} from "6.6003}" to "6.4163}." The addition of Section 6.600 to the Code was effected by ordinance No.1993 9, an 18 page ordinance that restructured numerous Code provisions related to the City's wastewater and stormwater systems. This same reference error was present in the legislative drafts of the ordinance we reviewed, including the draft in the Council's October 25,1993 agenda packet. For the Council's November 10,1993 work session, staff provided the Council with responses to public testimon y received at the October 25,1993 meeting. In response to a comment that provisions for reductions or exemptions included too many loopholes, staff responded that: "The rate methodology includes provisions for reductions or exemptions form the stormwater service charge. one is an adjustment based on a reduction of the amount of impervious surface area on the property. The second type is an adjustment to the charge due to a reduction in the amount of stormwater discharged directly or indirectly into the public drainage system. ~ ~ ~" Subsection ~3} of Section 6.416 authorizes the reduction or elimination of the stormwater service charge based on several factors, including a showing of the amount of permanent reduction to the runoff from the property, and the amount of stormwater being discharged directly into other bodies of water and not directly ar indirectly using the City's stormwater system. This bein the . g only section ~n the 4rd~nance that references reductions for stormwater service charges supports our conclusion that EC 6.6001}should have referred to EC 6.4163}. once the correction has been made, you should attach a copy of this memo to ordinance No, 1993 9 and note the administrative correction in the section's legislative history. If you have an Y