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HomeMy WebLinkAboutOrdinance No. 19613ORDINANCE N0. 19613 AN ORDINANCE ESTABLISHING SANITARY SEWER, STORM SEWER, AND REGIONAL SANITARY SEWAGE TREATMENT CHARGES; AMENDING SECTIONS 1.420, 1.023 AND 7.025 OF THE EUGENE CODE, 1911; AND DECLARING AN EMERGENCY. THE CITY OF EUGENE DDES ORDAIN AS FOLLOWS: Section 1. There is hereby imposed on all water users, the following sanitary sewer service, storm sewer service, and regional sanitary sewage treatment charges, to become effective on the dates indicated: 1. Residential sanitary sewer user monthly charges for local and regional sanitary sewer service: Re ianal Sanitar Sewa a Treatment Rates Effective 1 1 89 Effective 1 1 90 Single dwelling unit ...,$1.54/mo+ $.515/1000 $1.57/mo+ $.587/1000 gal volume gal volume Duplex beach unit} ......$1.54/mo+ $.575/1000 $1.51/mo+ $.581/1000 gal volume gal volume Local Sanitar Sewer Rates Effective 7 1 89 Effective 1 1 90 Single dwelling unit ....$0.59/1000 gal volume $0.61/1000 gal vol Duplex beach unit} ......$0.59/1000 gal volume $0.67/1000 gal vol 2. All other sanitary sewer user monthly rates and charges for local and regional sanitary sewer service; Re i anal Sanitar Sewa a Treatment Rates b voi ume} Effective 7 1 89 Effective 1 1 90 General Customer: Low strength ....... ...$,515/1000 gal + $.581/1000 gal + $1.54/mo $1.51/mv Medium strength .... ...$0.82/1000 gal + $.838/1000 gal + $1.54/mo $1.57/mo High strength ...... ...$1.312/1000 gal + $1.34/1000 gal + $1.54/mo $1.57/mv Industrial strength ...$.575/1000 gal + $.587/1000 gal + $1.54/mo $1.57/mo Surchar a rates BOD ........... ...$141.11/1000 lbs $143.286/1000 lbs SS ............ ...$153.96/1000 1bs $157.482/1000 lbs Septage Hauler Fee ... ...$33.108/1000 gal $33.849/1000 gal Ordinance - 1 Local Sanitar Sewer Rates b Volume Effective 1/1,89 Effective 1 ~ 90 General Customer: ~~ Sanitary ...............$0.59/1000 gal $0.61/1000 gal When the sanitary sewer rate specified in this sectian is based on volume, the volume shall be calculated in the manner prescribed in subsec- tion 1.0204}~f} of the Eugene Code, 1971. The definitions set forth in sec- tion 1.010 of the Eugene Code, 1971, shall apply to the terms used in this section. 3. The monthly storm sewer service charge for a single family dwelling unit and fvr each dwelling unit within a duplex within the city shall be $2.99 effective 7/1/89 and $3.16 effective 7/1/90. 4. The monthly charge fvr all other storm sewer users shall be based on the size of the water meter as follows: Meter Size Stormwater Charge Effective l 1 89 Effective 7 1 90 Under 1" $ 14.95 $ 15.80 1.0" $ 23.92 $ 25.28 1.5" $ 35.88 $ 31.92 2.0" $ 47.84 $ 50.56 3.0" $ 11.16 $ 75.84 4.0" $ 95. fib $101.12 6.0" $143.52 $151.68 8.0" $191.36 $202.24 10.0" $239.20 $252.80 For water users at the time of the adoption of this subsection, the size of the water meter in use on July 1, 19$9, shall be used in determining the storm sewer service charge unless the charge is adjusted under section 7.023 of the Eugene Cade, 1911, or increased because of the installation of a larger water meter. Section 2. Section 1.020 of the Eugene Code, 1911, is amended to pro- vide: 7.020 Charges for Sanitary and Storm Sewer Service. ~1} Charles. A~1 water users shall pay the charges for sanitary sewer service, storm sewer service and regional sanitary sewage treatment that are enacted under this section. A1~ septage haulers shall pay the ser- vice charges for disposal of wastes that are enacted under this section. The city manager shall review and determine the monthly charges far regional sani- tary sewage treatment, 1 ocal sanitary sewer service, and starm sewer service on at least an annual basis. The city manager shall set these charges using the procedures, criteria and 1 i mi tat i ons set out i n this section . septage hauling fees shall be determined using the procedure and criteria set out in this section. Ordinance - 2~ ~Z} Ratemakin rocedure. ~a} Investi ation of ro osed char es. Before proposing to impose or amend a charge for the use of sanitary or storm sewers or for regional sanitary sewage treatment, the city manager shall con- duct an investigation of the revenue needs of the city in conducting these operations. Based on that investigation, and using the cri- ter~a set out ~n subsection 7.OZ0~3}, the city manager shall develop proposed charges for these services. 4b} Notice. Prior to the imposition of any charge for the use of sanitary or storm sewers or regional sanitary sewage treatment, the city manager shall give notice of the proposed rate Or charge by 1. Making copies of the notice of intended charges avail- able to the news media, to any person who has requested such notice, to the mayor and city councilors, and to interested governmental agencies ~inc1uding the United states Environ- mental Protection Agency, the Department of Environmental Quality, the .Metropolitan Wastewater Management Commission, and the Eugene Water & Electric Board}. Z. Publishing notice of intended charges on two separate occasions in a newspaper of general circulation within the city. 3. Pasting the notice at two locations at city hall. ~c} Contents of notice. The notice of intended charges shall state the current and proposed charge, the results of the city manager's ~nvest~gation, and the time, place and manner in which interested persons may present their views on the intended action. ~d} Public hearin and o ortunit to comment. No earlier than ten days after the first publication of notice of the intended charges, the city manager or the manager's designee shall conduct a public hearing on the proposed charge, The city manager shall give interested persons reasonable opportunity to submit data or views in writing on the proposed charge. fie} Decision. The city manager, on the basis of his or her ~nvest~gat~on and the comments of interested persons, shall approve, modify, or disallow the proposed charge by order. The order shall contain written findings and conclusions based on the standards set forth in subsection l.OZ0~3}. The city manager shall mail copies of the decision to all persons who have submitted written or oral comments on the charge or who have requested a copy of the decision. The city manager shall also promptly deliver copies of the decision to the mayor and city counci 1 ors. Unless reviewed by the counci 1, the dec~s~on ~s final on the eleventh day after it is rendered. ~f} Review of decision, At the request of the city manager or a ma~or~ty of the members of the council, made within ten days of the city manager's decision, the decision, or any part thereof, shall be reviewed by the council. The council may conduct a public hearing on the proposed charge yr review the order solely vn the bass of the administrative record before the city manager. After this review, the council shall approve, modify or disallow the pro- posed charge by order. The order shall contain written findings and conclusions based on the standards set forth in subsection 7.aZ0~3}, and shall be mailed to all interested persons. The order is final on the date rendered , Ordinance - 3 ~3} Standards. The amount or rate of any charge for sanitary sewer service, storm sewer service or regional sanitary sewage treatment shat] be based on the following: ~a} The amount charged for such service in the past; fib} The recommendation, if any, of the Metropolitan Waste- water 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 assist- ance agreement; ~d} The amounts charged or proposed to be charged by the city of Springfield and other providers of storm or sanitary sewer services for comparable services; fie} The revenue needed to pay for the direct and indirect expected casts of constructing, operating, maintaining, and re- placing local and regional sewerage facilities based on the adopted budgets of the city of Eugene and the Metropolitan Wastewater Man- agement 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, and the expected need far financial reserves and contingencies; ~f} other relevant adopted policies of the council; fig} The terms of any applicable intergovernmental agreement relating to sewer services or regional wastewater treatment; and ~h} The obtaining of equity between different classes of ratepayers so that one class of ratepayer does not pay more than Tts propart~onate share of the expenses of operating the facilities. ~4} Limitations. The following limitations apply to charges set by the city manager for sanitary sewer service, storm sewer service and regional wastewater treatment service; ~a} Charges shall be imposed on a monthly basis. Each custo- mer shall be notified, in at least one annual billing for the ser- vice, of the rate or the amount of the charge and the allocation of revenue expected from application of the charge. . ,fib}. The charges far regional sanitary sewage treatment shall distinguish between the following classes of users: single dwe11- ~ng units, dwelling units within a duplex, and general customer use based on law, 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 leve] s, ~c} The charges for local sanitary sewer service may, but need not, dist~ngu~sh between classes of customers. . ~d} The monthly charge for sanitary sewer service and regional sanitary sewage treatment shall be a fixed fee together with a fee based on volume of use of water partial flow-based rate}. fie} The charges for storm sewer service shall be a fixed charge far single family dwelling units and each dwelling unit within a.duplex. Dther storm sewer users shall pay a charge based on the size of their water meter, ~f} When the sanitary sewer rate is based on volume, the volume shat 1 be calculated by actual measurement of the sewage di s- charged the costs of measurement to be borne by the user} or by an estimate based on the sanitary sewer user's average monthly water Ordinance - 4 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 users for residential users} or actual monthly water consumption for non-residential users}. Section 3. Section 1.023 of the Eugene Code, 1911, is amended to pro- vide: 7.D23 Charges - Adjustments. ~~ 1 } Any person~~~~ s~eeki ng a modi f i cati on to a charge imposed on that person far sanitary sewer, storm sewer, or regianal wastewater treatment ser- vice shall seek an informal resolution of the issue with the city. 1f no agreement is reached, a sewer customer may apply to the city manager for a reduction of the charge, and, if applicable, a credit for any excessive charges paid during all or part of the 12 months preceding the application. The application shall be an a farm provided by the city and shall be accom- panied by the fee set by the city manager under section 2.D2o of this code. The city manager or the manager's designee shall approve or deny the appli- cation using the procedures and criteria set forth in this section. €2} The monthly sanitary sewer charge shall be reduced, and the appropriate credit given, if the customer shows that: ~a} Actual water consumption exceeds the amount of water dis- charged into the sanitary sewer system; or, fib} An error has been made in determining the loading strength of the customer's effluent for purposes of calculating the applicable regional sanitary sewage treatment rate. Customer proof must include reliable BOD and S5 test data from a qualified wastewater testing laboratory and/or test samples by the city or the regional sewerage agency. ~3} Storm sewer service charges for single family or duplex dwell- ings may not be reduced. Any other storm sewer charge shall be reduced, and the appropriate credit given, if the customer shows that mare than 5D% of the customer's water meter size is required for an adequate water supply for fire protection. In such a case, the meter size used for the storm sewer service charge shall be the size needed for water supply far non-fire protection needs. ~4} The city manager or the manager's designee shall conduct a hearing on the application for reduction of a charge using the applicable procedures set forth at sections 2.392 to 2.400 of this code. The determina- tion on the application shall be in writing and shall be issued within 10 days of the hearing. On the date of issuance, a copy of the decision shall be mailed to the applicant, parties who have requested a copy, and, if a reduction is ordered, to the Eugene Water & Electric Board staff. The deci- sion of the city manager or the manager's designee shall be final. Section 4. Section 1.o25 of the Eugene Code, 1971, is amended to pro- vide: Ordinance - 5 7.025 Char es ~ Collection and Pa ment. The Eugene Water & Electric Board is directed to collect the rates and charges provided far in this chapter from each water user. Charges levied pursuant to section 1.020 shall be determined by the city manager ar his/her designee and certified to the Eugene Water & Electric Board. All revenue collected by the Eugene Water & Electric Board shall be paid monthly to the finance officer who shall deposit it in the "sewer operating fund" for use in providing sewer service and such other services as the Counci 1 may direct. sectian 5. The rates established in Section 1 of this Ordinance shall remain in effect until changed in the manner provided in Section 1.020 of the Eugene Code, 1971, as amended herein. Section 6, The City Recorder, at the request of, or with the concurrence of the City Attorney, is authorized to administratively correct any reference errors contained herein or i n other provisions of the Eugene Code, 1911, to the provisions added, amended or repealed herein. Section 1. That the matters contained herein concern the public health, safety and welfare, and therefore, an emergency is hereby declared to exist, and this Ordinance shall become effective immediately upon its passage by the City Counci 1 and approval by the Mayor. Passed by the City Council this 24th day of May, 1989 ~~- ~ ~ City Re order Approved by the Mayor this 24th day of May, 1989 ,~~ r r~ ~ ~A t~ ayor Ordinance - 6