HomeMy WebLinkAboutOrdinance No. 20386
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COUNCIL ORDINANCE NUMBER 20386
COUNCIL BILL NUMBER 4947
AN ORDINANCE CONCERNfNG SETTING FEES
AND CHARGES AND AMENDING SECTIONS
2.020, 2.442, and 6.411 OF THE EUGENE CODE,
1971.
ADOPTED: May 29, 2007
PASSED: 8:0
REJECTED:
OPPOSED:
ABSENT: 0
EFFECTIV~~
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ORDINANCE NO. 20386
AN ORDINANCE CONCERNING SETTING FEES AND CHARGES AND
AMENDING SECTIONS 2.020, 2.442, and 6.411 OF THE EUGENE
CODE, 1971.
THE CITY OF EUGENE DOES ORDAIN AS FOLLOWS:
Section 1. Subsections (2) and (3) of Section 2.020 of the Eugene Code, 1971,
is amended to provide:
2.020 City Manaaer - Authoritv to Set Fees and Charaes.
(2) Unless the city manager determines in writing that consideration of one
or more of the following factors is irrelevant or inapplicable, in
determining the amount of any such fee the city manager shall
consider:
(a) Applicable policies, enactments and directives of the council;
(b) The amount charged by the city in the past;
(c) The full costs of providing the service supported by the fee;
(d) The amounts charged by other comparable providers; and,
(e) The revenue needs of the city as determined by the adopted city
budget.
(3) At least 15 days prior to the initiation of a new fee or change in the
amount of such a fee, the city manager shall give notice of the
proposed fee by:
(a) Making copies of a notice of intended charges available to the
mayor and city council, including the city manager's written
determination, if any, that one or more of the factors listed in
subsection (2) of this section is irrelevant or inapplicable;
(b) Making copies of a notice of intended charges available to any
persons who have requested such notice;
(c) Publishing a notice of intended charges in a newspaper of general
circulation within the city if the fee or charge is or is likely to be
$250.00 or greater; and,
(d) Posting such notice at two locations at city hall.
Section 2. Section 2.442 of the Eugene Code, 1971, is amended to provide:
2.442 Airport Fees and Charaes - Standards.
(1) Unless the city manager or council, as apposite, determines in writing
that consideration of one or more of the following factors is irrelevant or
inapplicable, in determining the amount or rate of any charge, fee or
rent imposed for the use of Mahlon Sweet Airport, the city manager or
council shall consider the following:
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(a) The amount charged for such use in the past;
(b) Comparable amounts or rates, if any, charged by other airports;
(c) The amounts or rates and other municipal benefits agreed to by
comparable users of the airport in a contract, lease, or permit;
and,
(d) The revenue needs of the airport.
(2) If the city manager determines that one or more of the factors listed in
subsection (1) of this section is irrelevant or inapplicable, the city
manager shall notify the mayor and council of that determination.
Section 3. Subsection (2) of Section 6.411 of the Eugene Code, 1971, is
amended, subsection (3) is renumbered to (4), and a new subsection (3) is added, to
provide:
6.411 Ratemakina.
(2) Standards. Unless the city manager determines in writing that one or
more of the following factors is irrelevant or inapplicable, the amount or
rate of any charge for wastewater service, stormwater service or
regional wastewater treatment service shall be based on the following:
(a) The amount charged for such service in the past;
(b) For regional wastewater treatment services the recommendation,
if any, of the Metropolitan Wastewater Management Commission,
or any successor agency;
(c) Applicable federal or state regulations or conditions imposed as
part of a federal or state grant or financial assistance agreement;
(d) The amounts charged or proposed to be charged by the city of
Springfield and other providers of stormwater or wastewater
services for comparable services;
(e) The revenue needed to pay for the direct and indirect expected
costs of constructing, operating, maintaining, and replacing local
and regional sewerage facilities based on the adopted budgets of
the city of Eugene and the Metropolitan Wastewater Management
Commission or its successor, the debt obligations of the city or
other entities for construction of the facilities, adopted capital
improvement plans of the council, the expected need for financial
reserves and contingencies, and other sources of revenue;
(f) For an individual stormwater service customer that discharges
stormwater that requires extraordinary expense to the city, special
surcharge rates based on the type, concentration, quantity, quality
and frequency of the discharge.
(g) Other relevant adopted policies of the council;
(h) The terms of any applicable intergovernmental agreement relating
to wastewater or stormwater services or regional wastewater
treatment service; and
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(I) The obtaining of equity between different classes of customers so
that one class of customers does not pay more than its
proportionate share of the expenses of providing sewer service.
(3) If the city manager determines that one or more of the factors listed in
subsection (2) of this section is irrelevant or inapplicable, the manager
shall notify the mayor and council of that determination.
(4) Limitations. The following limitations apply to charges set by the city
manager for wastewater service, stormwater service and regional
wastewater treatment service:
(a) Charges shall be imposed on a monthly basis. Each
customer shall be notified, in at least one annual billing for
the service, of the rate or the amount of the charge and the
allocation of revenue expected from application of the
charge.
(b) The charges for regional wastewater treatment service shall
distinguish between the following classes of customers:
single dwelling units, duplexes, and general wastewater
customer use based on low, medium, and high or industrial
loading strengths and may impose a surcharge on high
strength industrial users based on biochemical oxygen
demand and suspended solids concentrations in excess of
domestic strength levels.
(c) The charges for local wastewater service may, but need not,
distinguish between classes of customers.
(d) The monthly charge for wastewater service and regional
wastewater treatment service shall be a fixed fee together
with a fee based on volume of use of water (partial flow-
based rate).
(e) When the wastewater service rate is based on volume, the
volume shall be calculated by actual measurement of the
wastewater discharged (the costs of measurement to be
borne by the customer) or by an estimate based on the
wastewater customer's average monthly water consumption
during the previous December through April period, or, if no
water consumption figures are available for at least three full
months during this period, the consumption of other similar
customers (for residential customers) or actual monthly
water consumption (for non-residential customers).
(f) The charges for stormwater service shall distinguish between the
following classes of customers: small residential, medium
residential and general stormwater customer, based upon the
actual number of equivalent service units for each developed
property or an average number of equivalent service units for a
specific class. Special surcharges for stormwater service
customers who receive extraordinary service shall be in addition
to the standard charges for the customer's classification.
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Section 4. The City Recorder, at the request of, or with the concurrence of the
City Attorney, is authorized to correct any reference errors contained herein, or in other
provisions of the Eugene Code, 1971, to the provisions added, amended or repealed
herein.
Passed by the City Council this
29th day of May, 2007
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Approved by the Mayor this
'3 ( day of May, 2007
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ayor
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