HomeMy WebLinkAboutOrdinance No. 20432COUNCIL ORDINANCE NUMBER 20432
COUNCIL BILL NUMBER 5000
AN ORDINANCE CONCERNING WASTEWATER
AND STORMWATER SERVICE AND AMENDING
SECTIONS 6.411 AND 6.421 OF THE EUGENE
CODE, 1971.
ADOPTED: April 27, 2009
PASSED: 810
REJECTED:
OPPOSED:
ASSENT:
EFFECTIVE: Ma 29, 2009
ORDINANCE NO. 20432
AN ORDINANCE CONCERNING WASTEWATER AND STORMWATER
SERVICE AND AMENDING SECTIONS 6.411 AND 6.421 OF THE
EUGENE CODE, 1971.
THE CITY OF EUGENE DOES ORDAIN AS FOLLOWS:
Section '1 . Sections 6.411 and 6.421 of the Eugene Code, 1971, are amended to
provide as follows:
6.411 Ratemakin�
(1) Ratemaking procedure
(a)
Investigation_ of proposed charges Before proposing to impose or
amend a charge for wastewater service, stormwater service or for
regional wastewater treatment service, the city manager shall
conduct an investigation of the revenue needs of the city in
conducting these operations. Based on that investigation, and
using the criteria set out in subsection 6.411(2), the city manager
shall develop proposed charges for these services.
(b)
Notice Prior to the imposition of any charge for wastewater
service, stormwater service or regional wastewater treatment
service, the city manager shall give notice of the proposed rate or
charge by:
1 . Making copies of the notice of intended charges available to
the news media, to any person who has requested such
notice, to the mayor and city councilors, and to interested
governmental agencies (including the United States
Environmental Protection Agency, the Department of
Environmental Quality, the Metropolitan Wastewater
Management Commission, and the Eugene water & Electric
Board).
2. Publishing notice of intended charges on two separate
occasions in a newspaper of general circulation within the
city.
3. Posting the notice at two locations at city hail.
(c)
Contents of notice The notice of intended charges shall state the
current and proposed charge, the results of the city manager's
investigation, and the time, place and manner in which interested
persons may present their views on the intended action.
(d)
Public hearing and opportunity 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
Ordinance - Page 1 of 5
interested persons reasonable opportunity to submit data or views
in writing on the proposed charge.
(e) Decision The city manager, on the basis of his or her
investigation 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 6.411(2). 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 councilors. Unless
reviewed by the council, the decision is final on the eleventh day
after it is rendered.
(f) Review of decision At the request of the city manager or a
majority 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 or review the order solely on the
basis of the administrative record before the city manager. After
this review, the council 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 6.411(2), and shall be mailed to all interested persons.
The order is final on the date rendered.
(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
Ordinance - Page 2 of 5
(3)
(4)
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;
Qi) 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;
and
�} In addition to the forgoing considerations, in determining the
amounts or rates to be charged for stormwater and wastewater
service, the city manager shall consider the value of the use and
occupancy of the city's right -of -way by the city stormwater system
and city wastewater system.
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.
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 loading strengths.
(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
Ordinance - Page 3 of 5
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.
6.421 . Charges - Collection and Payment The Eugene water & Electric Board is
directed to collect the charges provided for in sections 6.401 through 6.610.
Charges levied pursuant to sections 6.401 through 6.610 shall be determined
by the city manager or his/her designee and certified to the Eugene water &
Electric Board and any other water utility obligated to collect such charges.
Revenue collected by the Eugene water & Electric Board shall be paid
monthly to the city and shall be deposited in the appropriate fund for
wastewater operations or for stormwater operations for use in providing
sewer service including debt service and such other services as the council
may direct, except that revenue collected based on the criteria contained in
subsection ( of section 6.411 of this code shall be deposited in the
appropriate fund for road operations to be used for the reconstruction, repair,
maintenance, operation, and preservation of city -owned roads and streets
within the city, roads and streets which the city is contractually or legally
obligated to operate and maintain, or roads and streets for which the city has
accepted responsibility under intergovernmental agreement. Revenue
collected based on the criteria contained in subsection (2)0) of section 6.411
of this code may not be used for capacity - enhancing street improvements.
Section 2 . The City Recorder, at the request of, or with the consent of the City
Attorney, is authorized to administratively correct any reference errors contained herein,
or in other provisions of the Eugene Code, 1971, to the provisions added, amended or
repealed herein.
Section 3 . Notwithstanding Section 6.421 of the Eugene Code, 1971,
$500,000.00 from the fund for stormwater operations and /or the fund for wastewater
operations may be used during FY 10 for the reconstruction, repair, maintenance,
operation, and preservation of city -owned roads and streets within the city, roads and
streets which the city is contractually or legally obligated to operate and maintain, or
roads and streets for which the city has accepted responsibility under intergovernmental
agreement.
Ordinance - Page 4 of 5
Passed by the City Council this
27 day of April, 2009
Aciing City Recorder
Approved by the Mayor this
28 day of April, 2009.
VIn t
r�
ayor
Ordinance - Page 5 of 5