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Ord 2058 - Sewer Cap Fee Py Plan COUNCil Bill NO. 1291 ORDINANCE NO. 2058 AN ORDINANCE AllOWING A SEWER CAPACITY FEE PAYMENT PLAN FOR CERTAIN PROPERTIES UTiliZING SUBSURFACE SEWAGE DISPOSAL SYSTEMS AND DECLARING AN EMERGENCY. WHEREAS, the city discourages subsurface sewage disposal systems by not allowing new developments to use such systems; and WHEREAS, a failure of such system could create a health hazard; and WHEREAS, the problem becomes more acute when the contamination is from a concentrated source, such as a mobile home park; and WHEREAS, the city values natural resources and wants to help protect all underground water sources; and WHEREAS, the city has substantial investment in its sewage treatment facility and removes contaminants from the city's wastewater; and WHEREAS, the wastewater facility capability should be made available to those properties utilizing subsurface sewage disposal systems; and WHEREAS, the properties allowed to benefit from the treatment facility must pay for the normal capacity fees; and WHEREAS, a payment plan to the normal capacity fee will encourage the property owners to take corrective action without wanting to postpone it due to a prohibitive front end cost when a large number of units are concerned; and WHEREAS, the City does not lose resources by allowing a payment plan which accrues interest to certain properties, NOW, THEREFORE, THE CITY OF WOODBURN ORDAINS AS FOllOWS: Section 1. Definitions. The following definitions apply: (A) "City Engineer" shall mean the City Engineer of the City of Woodburn. (B) "Finance Director" shall mean the Finance Director of the City of Woodburn. Page 1 - COUNCil BILL NO. 1291 ORDINANCE NO. 2058 (C) "Local Government Investment Pool" shall have the meaning given that term in ORS 294.805 to 294.895. (D) "Owner" shall mean any person, firm, corporation, or other entity having legal title to real property subject to the applicable sewer capacity fee and possessing legal authority to authorize the docketing of a lien against said property. (E) "Sewer Capacity Fee" shall mean a non-refundable fee charged by the city to allow an owner to use a portion of the city's sewerage capacity, also known as a sanitary sewer connection fee or systems development charge. (F) "Subsurface Sewage Disposal System" shall have the meaning given that term in ORS 454.605. Section 2. General Provisions (A) The owner of real property utilizing a subsurface sewage disposal system incorporating twenty (20) or more dwelling units has the option of paying sewer capacity fees utiliZing a four-year payment plan. (B) The first installment of said fees described above is due and payable at the time of connection, with the remaining installments payable on the basis determined by the City according to the payment plan. (C) This installment payment plan of sewer capacity fees is exercised at the option of the owner. Written application for such option must be filed by the owner, and approved by the city prior to connection. (D) The owner is responsible to insure that all scheduled payments are made when due. The owner is not relieved of this obligation even though the city may allow the due date to pass without receiving payment. The city may declare the remaining balance due and payable in full when the owner fails to make scheduled payments on time. At the city's option, failure to make scheduled payments may result in disconnection. (E) If the installment payment option is utilized, the balance owed to the city, including interest thereon, may be paid in advance by the owner at any time without penalty. Section 3. Administration. The City Engineer shall be responsible for implementation of this ordinance by allowing the connections to the city sewerage system and by making other technical and payment plan decisions. The Finance Director shall be responsible to program the servicing plan so that bills are sent to owners. The City Page 2 - COUNCIL BILL NO. 1291 ORDINANCE NO. 2058 ~ .-. ,....,.. _.__"_'._......m'._._.,._...~___._~_________~_____.._ Engineer shall provide documents needed by the Finance Director for serving of the payment plan. Section 4. Interest Rate. Interest shall be fixed at the date of inception of the plan at the rate quoted by the local government investment pool (per annum) plus 1 '12% rounded to the nearest one-tenth of one percent. Section 5. Severability. If any section, clause, or phrase of this ordinance is determined by any court of competent jurisdiction to be invalid or unenforceable for any reason, such determination shall not affect the validity of the remainder of this ordinance which shall continue to be in full force and effect. Section 6. Emeraencv Clause. This ordinance being necessary for the immediate preservation of the public peace, health, and safety, 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: City Attorney Date APPROVED,~0 ~ F d W. Kyser, May6r ' Passed by the Council April 8, 1991 Submitted to the Mayor April 9, 1991 Approved by the Mayor April 9, 1991 Filed in the Office of the Recorder April 9, 1991 ATTEST: ~ ~ Mary ~nt, Deputy Recorder City of Woodburn, Oregon Page 3 - COUNCIL BILL NO. 1291 ORDINANCE NO. 2058 ~....__...,_...- ...,."..~ "->----_..~.~..,-_.- --...,-.-.