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Ord. 2577-A - Amending Ordinance 2157 (Wastewater Discharge Fees) COUNCIL BILL NO. 3116 ORDINANCE NO. 2577 AN ORDINANCE AMENDING ORDINANCE 2157 (WASTEWATER DISCHARGE FEES) TO MODIFY THE CALCULATION PROCEDURE USED FOR WINTER AVERAGING THAT PROVIDES THE RESIDENTIAL MONTHLY SEWERAGE CHARGE AND DECLARING AN EMERGENCY WHEREAS, on November 1, 1995, the Woodburn City Council adopted Ordinance 2157 approving placement of charges on wastewater discharge utilizing water use monitoring or other estimating methods for the operation and maintenance of municipal sewerage systems, providing for such charges and the collection thereof; and WHEREAS, Section 5 of the Ordinance specifies a "winter averaging" calculation procedure for residential customers that estimates and sets the customer's monthly sewerage charge for the entire year; and WHEREAS, with the City's computer software system used for water and sewer billing, a modification to the winter averaging calculation is necessary so that the Ordinance aligns with the capabilities of the system and reflects the City's calculation procedure; NOW THEREFORE, THE CITY OF WOODBURN ORDAINS AS FOLLOWS: Section 1. Section 5.13. of Ordinance 2157 is amended to read as follows: Section 5. Monthly Sewerage Charae: The monthly sewerage charges required by Section 1 of this ordinance will be according to the following schedule: B. Residential minimum plus volume method will be the average consumption of water for the three (3) winter months of January, February, and March, and it will be considered as the amount of sewage discharged from each dwelling unit. The winter month average will be determined by the water meter readings taken or other needed estimating methods by Public Works for unusual cases. General estimating and billing methods are outlined below: 1 . In the first year of the minimum plus volume method implementation, the January, February, March bills will be based on the actual consumption for each month. Starting in April, each of the following twelve (12) months will be billed based on the average of the three (3) winter months Page 1 Council Bill No. 3116 Ordinance No. 2577 z (January, February, March). Every year a new average will be calculated using the immediately preceding winter month's consumption. 2. Residential structures that are served by the city sewerage system, but not connected to city water, will be billed at the city wide residential average consumption rate of 700 cu. ft. per unit. 3. If the winter average exceeds three other consecutive months' average, then at the request of the property owner, the city may replace the winter average with the average of three other consecutive months for the remaining future annual billing cycle. There shall be no extra charge for the adjustment. Also, Public Works shall make adjustments to wastewater charges for properties disrupted by natural disaster that affects the flow of wastewater to the city system. a. Replacement of residential winter average with average of other three consecutive months and adjustment of charges: i. If the winter average exceeds three other consecutive months' average, then at the request of the property owner, the city may replace the winter average with the average of three other consecutive months for the remaining future annual billing cycle. ii. The wastewater charges to an account when three-month average is implemented to replace winter average shall be adjusted as outlined below: Amount of credit shall be limited to the summation of actual revenue received in three months under consideration less summation of calculated revenue in the same three-month period that is used to develop lower billing average. b. Adjustment to wastewater charges for properties disrupted by a natural disaster affecting wastewater flow: i. Public Works will evaluate the disruption to wastewater flow because of a natural disaster and make adjustment accordingly. During the period while a structure is being rehabilitated and there is no wastewater flow, there shall be no wastewater charge based on the winter average, otherwise an estimate that reflects the use of least flow will be used. 4. If there is no occupancy of buildings during the winter months, then the average of two (2) prior months, (e.g. September and October), or 700 Page 2 Council Bill No. 3116 Ordinance No. 2577 cu. ft., whichever is less, may be used for billing purposes, until and unless a representative average of the winter months is developed or estimated. 5. For new structures or new customers, the city-wide residential average of 700 cubic feet per unit per month may be used until an actual average can be calculated using three (3) full months following occupancy. If the calculated average is below 700 cu. ft., then the calculated average will be used for billing, and a credit shall be given deducting the summation of the three-month average from the actual revenue received during that period. If the calculated average is above 700 cu. ft., then the city-wide residential average of 700 cul ft. will be used for billing purposes until the next winter average is calculated. For new structures, the sewer charges begin when the certificate of occupancy is issued, or three (3) months after the installation of the water meter unless the owner notifies the city that the building is not occupied. 6. All sewer structures located within 300 feet of an adequate city sewer main, and experiencing septic system failure, must connect to the city sewer system. No new subsurface wastewater treatment and disposal (septic tank system) shall be allowed within the city limits. 7. There will be no additional charge for consumption analysis and adjustments other than that for leak adjustments as outlined in Section 9. 8. When a dwelling unit has been occupied for not less than 10 days and/or the water consumption for the month is below 100 cu. ft., then partial month daily water consumption method may be used to project consumption for that month under consideration for averaging purposes. Section 2. Emergency Clause. This ordinance being necessary for the immediate preservation of the public peace, health, and safety since it is in City's best interest to adopt the winter averaging calculation procedure prior to January 2020, an emergency is declared to exist and this ordinance shall take effect immediately upon passage by the Council and approval by the Mayor. Approved as to form: LZe City Attorney Date Approved: Eric Swenson, Mayor Page 3 Council Bill No. 3116 Ordinance No. 2577 Passed by the Council 24 1 Submitted to the Mayor J z)e Approved by the Mayor Filed in the Office of the Recorder ATTEST: Heather Pierson, City Recorder City of Woodburn, Oregon Page 4 Council Bill No. 3116 Ordinance No. 2577