Chapter 12.30
STORMWATER UTILITY

Sections:

12.30.010    Stormwater utility.

12.30.020    Stormwater fund.

12.30.030    Adjustments, back-billing, and refunds.

12.30.040    System development charges.

12.30.010 Stormwater utility.

There is created and established a stormwater utility with the assets, authority, and responsibility for administration, planning, design, construction, maintenance, and operation of stormwater conveyances and facilities. Additional specific mandates, authority, and delegations may occur, from time to time, by appropriate City Council actions. All references to “the utility” in this title refer to the stormwater utility. The administration of the utility shall be as set forth herein. (Ord. 5876 § 3, 2016).

12.30.020 Stormwater fund.

The stormwater fund is created and established.

(1) Service Charge Imposed. A stormwater service charge shall be imposed on all persons or premises that contribute to the stormwater system or that otherwise use or benefit from the stormwater system, and said persons shall be responsible for paying the stormwater service charge. All monies received from stormwater service charges shall be deposited into the stormwater fund.

(2) Service Charge Rates Set by Council Resolution. Stormwater service charge rates will be set by Council resolution. The stormwater service charge shall be developed and implemented such that it is not a tax subject to the property tax limitation of Article XI, Section 11b of the Oregon Constitution. The Director shall recommend adjustments to the stormwater service charge rates to the City Council as it becomes necessary. The City Council shall consider such recommendations and may approve or further adjust the stormwater service charges as the Council deems necessary to meet policy objectives, to meet the utility’s revenue requirements, or to meet the overall financial needs of the utility.

(3) Customer Classification. Customer account classification and other stormwater charge-related calculations shall be determined by the Director or the duly authorized representative. Any appeal of the Director’s determination shall be made in writing to the Director in accordance with Council policy. Any request for review of the Director’s appeal determination shall be made in writing to the City Manager. The City Manager’s determination will be final. (Ord. 5876 § 3, 2016).

12.30.030 Adjustments, back-billing, and refunds.

The utility may make adjustments, back-bill, pay refunds, or waive fees and charges in accordance with City Council policy. If no Council policy exists, the utility may make adjustments where it is deemed necessary on a case-by-case basis as determined by the Director for the proper conduct of the business of the Utility. A full explanation of the reason for the adjustment or refund must be filed with the office records and, subject to Oregon public records law, will be made available upon request. Refunds are to be made to the party that made the payment. (Ord. 5876 § 3, 2016).

12.30.040 System development charges.

When adopted in accordance with Chapter 15.16 AMC, all monies received from stormwater system development charges shall be deposited into the stormwater fund. Such funds shall be accounted for separately from those received from stormwater service charges. (Ord. 5876 § 3, 2016).