HomeMy WebLinkAboutOrdinance 1961ORDINANCE NO. IIOA(,L
AN ORDINANCE AMENDING CHAPTER 11.16 OF THE CENTRAL POINT
MUNICIPAL CODE FOR THE PURPOSE OF ESTABLISHING THE
WATER QUALITY PROGRAM FUND AND THE WATER QUALITY UTILITY FEE
Recitals:
A. The City submitted an application to the Oregon Department of
Environmental Quality to obtain a stand-alone National Pollution
Discharge Elimination System (NPDES) Phase II permit on March 13,
2012; and,
B. Upon approval of the stand-alone NPDES Phase II permit, storm and
surface water quality management responsibility will be transferred from
Rogue Valley Sewer Services to the City of Central Point; and,
C. To facilitate management of stormwater quality, the City Council
authorized the transfer of stormwater quality fee assessment collection
authority from RVSS to the City; and,
D. Words lined through are to be deleted and words in bold are added.
The people of the City of Central Point do ordain as follows:
Section 1. Section 11.16.010 of the Central Point Municipal Code is amended to read:
11.16.010 Purpose.
A. -It is the purpose of this chapter to provide revenue for a stormwater
program to plan, manage, construct, maintain, use, and carry out activities
related thereto, and to provide revenues by fixing rates and charges.
There is hereby created an enterprise fund known as the "City of Central
Point Stormwater Fund." All fees and charges imposed hereirrfor the
stormwater program -shall be placed in said this fund for the purpose of
paying any and all expenses related to the acquisition, installation,
addition, improvement, replacement, repair, maintenance, operation, or
administration of stormwater program facilities and activities.
B. It is also the purpose of this chapter to provide revenue for a
water quality program to pay for any and all expenses related to
preventing and reducing water pollution generated within the city
limits before it enters and is discharged from the municipal separate
storm sewer system (MS4) to local waterways. The City of Central
Point Water Quality Program Fund is created as an enterprise fund.
All fees and charges imposed for the water quality program shall be
placed in this fund for the purpose of paying any and all expenses
related to the operation of the Central Point MS4 to meet the federal
Ordinance No.r 9iol (062812) Pg. 1
Clean Water Act's National Pollution Discharge Elimination System
Phase II permit requirements or administration of the water quality
program.
Section 2. Section 11.16.030 of the Central Point Municipal Code is amended by
adding or amending the following definitions:
"Manager" means the city admiRiStrater manager _or designee.
"Service charges" means either the stormwater utility fee or the water quality
utility fee, as the context may require, in an amount to be determined by
applying the appropriate rate to a particular parcel of real property based upon
factors established by this chapter.
"Water quality program" means the Central Point water quality utility as
defined in this chapter.
Section 3. Section 11.16.040 of the Central Point Municipal Code is amended to read:
11.16.040 Stormwater Utility Fee_Rate structure.
A. Service charges for the stormwater utility fee are hereby authorized
and imposed, in amounts and on terms consistent with this chapter.
B. The rates and service charges shall be based on the service provided
and the relative contribution of stormwater runoff from a given parcel to
the stormwater control facilities. The estimated or measured impervious
surface area will be used to determine the relative contribution of
stormwater runoff from the parcel.
C. -Service charges shall be determined as follows:
1. Undeveloped Parcels. Undeveloped parcels shall not be
charged.
2. City Roads. City roads shall not be charged.
3. Single -Family Residences. The monthly service charge for
each single-family residence shall be the unit rate for one
equivalent service unit.
4. Other Developed Parcels. The monthly service charge for
all other developed parcels, including publicly owned
properties, shall be computed by multiplying the unit rate
times the number of equivalent service units applicable to
the parcel minus any approved rate adjustment for the
parcel as determined under Section 11.16.060.
5. Minimum Charge. There shall be a minimum monthly
service charge for all developed properties equal to the unit
rate. (Ord. 1864 §1 (part), 2005).
Section 4. The following Section 11. 16.045 is added to the Central Point Municipal
Code:
11.16.045 Water Quality Utility Fee Rate structure.
Ordinance No. 1 (� ia! (062812) Pg. 2
A. Service charges for the water quality utility fee are authorized
and imposed in amounts and on terms consistent with this chapter.
B. The rates and service charges shall be based on the service
provided and the relative rontribution of total cost of water quality
program implementation. The estimated or measured impervious
surface area will be used to determine the relative contribution of
stormwater runoff from the parcel.
Service charges shall be determined in the same manner as provided
in section 11.16.040.C.
Section 5. Section 11.16.060 is amended to read:
11.16.060 Unit rate established for the stormwater utility fee.
The unit rate per equivalent service unit for the stormwater utility fee -is hereby
established at six dollars and fifty cents and may be revised by resolution of the
city council from time to time. (Res. 1264, 2010; Ord. 1864 §1 (part), 2005).
Section 6. The following Section 11.16.065 is added to the Central Point Municipal
Code:
11.16.065 Unit rate established for the water quality utility fee.
The unit rate per equivalent service unit for the water quality utility fee is
established at one dollar and may be revised by resolution of the city
council from time to time.
Section 7. Section 11.16.080 is amended to read:
11.16.080 Stormwater or water quality rate discounts for extreme hardship.
A. Any household in the city with a combined total income falling below
the federal poverty level shall be considered eligible to apply for a
stormwater or water quality rate discount. Persons applying for a
stormwater or water quality rate discount must be the person who
receives the stormwater or water quality bill and the head of a
household.
B. Any person desiring to receive the stormwater or water quality rate
discount must submit an application to the city on forms to be provided by
the city. Subsequent to initial qualifications for utility discount, any person
must reapply on or before June fifteenth of each year thereafter. The city
adrninistrater manager shall determine whether any applicant meets the
qualifications and requirements for discount as set forth in this chapter.
C. The amount of stormwater or water quality rate discount for eligible
persons, provided under this chapter, shall be equal to the percentage
water rate discount for extreme hardship, as established in Central Point
Municipal Code Section 13.16.030.
D. It is unlawful for any person to make, assist in making or to derive the
benefits from any false application for discounts provided under this
Mt
chapter. In addition to other penalties provided by law, the city shall be
entitled to recover from any person or persons receiving the benefit of
discounts as a result of any false statement made in any application the
amount therefor, including interest at the rate of nine percent per year
from the date such discounts were granted. (Ord. 1864 §1 (part), 2005).
Section 8. Section 11.16.090 of the Central Point Municipal Code is amended to read:
11.16.090 Use of funds.
A. Service charges collected under this chapter for the stormwater utility
shall be deposited into the city of Central Point stormwater utility fund or
funds to be used only for the purpose of paying all or any part of the cost
and expense of maintaining and operating stormwater control facilities, all
or any part of the cost and expense of planning, designing, establishing,
acquiring, developing, constructing, maintaining and improving the
stormwater program and drainage facilities. (Ord. 1864 §1 (part), 2005).
B. Service charges collected under this chapter for the water quality
utility shall be deposited into the city of Central Point water quality
utility fund.
Section 9. Section 11.16.100 of the Central Point Municipal Code is amended to read:
11.16.100 Commencement of charges.
For new construction, service charges for either the stormwater utility or the
water quality utility will commence with the issuance of a building permit,
creation of an impervious surface area, or installation of a water meter,
whichever comes first. For existing structures, service charges for the
stormwater utility will commence on the effective date of the ordinance
establishing this chapter and for the water quality utility on the effective date
of the ordinance establishing the water quality utility. (Ord. 1864 §1 (part),
2005).
Passed bL the Council and signed by me in authentication of its passage this
day of `\On1p , 2012.
Mayor Hank Williams
ATTES
ity Recorder