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HomeMy WebLinkAboutOrdinance 5841 02/03/1997 . . . i. . ~ . ORDINANCE NO. 5841 (GENERAL) AN ORDINANCE CONCERNING SANITARY SEWER CONNECTION CHARGES; AMENDING SECTION 2-10-3 OF THE SPRINGFIELD CODE 1965 WHICH ESTABLISHED A REGIONAL SANITARY SEWER EQUALIZATION CHARGE AND DECLARING AN EMERGENCY. The City Council of the City of Springfield finds that: 1. On February 9, 1977, the City of Springfield entered into an agreement with the City of Eugene and Lane County, said agreement is commonly known as the Intergovernmental Agreement. 2. The Intergovernmental Agreement established the Metropolitan Wastewater Management Commission. 3. Section 3.f of the MWMC Intergovernmental Agreement (IGA) provides that the Commission shall "adopt a .... connection charge for sewer services. II 4. On November 26, 1990 the Commission adopted the MWMC Facility Equalization Charge Study prepared for the Commission by LCOG and thereby approved a connection charge for connecting to the regional sewerage system and established a methodology for the determination of that charge. 5. The connection charge methodology established the equivalent dwelling unit (EDU) as a standard unit to be used in measuring the portion of the plant and facilities capacity that new development would use. The study also indicates that determining the number of EDUs of a new development is '~..typically done by counting plumbing fixture units... II and "sixteen fixture units is commonly used as the equivalent of a dwelling unit/~ 6. In accordance with Section 8.c of the IGA which provides that the Governing Bodies must "adopt rates and charges not less than those required by the Commission II the cities of Eugene and Springfield ac!opted MWMCs connection charge methodology including language that the number of EDUs of a new development would be determined by counting fixture units. 7. The Governing Bodies have advised the Commission that their experience has shown that for large developments, those anticipating the discharge of more than an annual average of 100,000 gallons of sewage per day, a count of fixture units does not estimate the number of EDUs which such developments represent with sufficient accuracy. 8. The Commission reviewed the MWMC Facility Equalization Charge Study and found that I~n EDU is based upon the average flow generated by a single family dwelling unit': The Commission has determined that the typical dwelling unit discharges an annual average of 200 gallons of sewage per day. The Commission therefore found that equating an EDU to 200 gallons per day is consistent with their adopted methodology. The Commission further found that in lieu of counting fixture units for new developments with an anticipated discharge of more than 100,000 gallons of sanitary sewage per day to determine the number of EDUs, the equivalent number of dwelling units could be determined by dividing the anticipated daily sanitary sewer discharge by 200. 9. On September 19, 1996 the Metropolitan Wastewater Management Commission approved an interim methodology to be used for computing the Regional Sanitary Sewerage Facility Equalization/Connection Charge for dischargers of greater than Ordinance. 5841 Page Two.: an annual average of 100,000 gallons per day using an EDU equivalent of 200 gallons per day pending completion of a formal study of the results gained from several years' experience with the 1990 methodology. . 10. The Metropolitan Wastewater Management Commission has begun a study of the methodology to be used for computing the Regional Sanitary Sewerage Facility Equalization/Connection Charge. The Study is expected to be completed by April of 1997 and that any new methodology resulting from the Study will be implemented on or about July 1, 1997. It is the intent of the Metropolitan Wastewater Management Commission that the interim methodology not result in a charge greater than that which would result from the Commissions new study. Under the terms of the Intergovernmental Agreement the City is required to adopt rates and charges not less than those required by the Metropolitan Wastewater Management Commission. NOW, THEREFORE, THE SPRINGFIELD CITY COUNCIL DOES ORDAIN AS FOLLOWS: Section 1. Section 2-10-3 of the Springfield Code 1965 is revised to provide: 2-10-3 Sewer Connection - Regional Sanitary Sewerage Facility Equalization Charge The rates and charges provided herein are for incurred costs based upon use or availability for use of a regional (and local) sewer and sewage disposal system, the availability of which is necessary for the regulation of, and provision for, the public health, safety, and welfare. The charge is controlled by the user's (or potential user's) request and choice of the kind, nature, and quantity of use. . (1) A Regional Sanitary Sewerage Facility Equalization Charge shall be paid to the City prior to issuance of a permit to connect to the sanitary sewer system of the City. The Regional Sanitary Sewerage Facility Equalization charge rate shall be established by resolution of the City Council and shall be: (a) Per plumbing fixture unit (as defined in the State plumb,il)g code) to be connected to the sanitary sewer system for all developments which anticipate discharging an annual average of less than 100,000 gallons per day to the sanitary sewer; or (b) Per plumbing fixture unit (where an equivalent dwelling unit ( EDU) standard of 200 gallons per day is equal to 16 plumbing fixture units) for developments which anticipate discharging in excess of an annual average of at least 100,000 gallons per day (eg. The equalization charge for a developement anticipating an annual average discharge of 120,000 gallons per day would be calculated as follows: 120,000 gal/day /200 = 600 EDUs x 16 PFU/EDU = 9600 PFU) (2) A credit for property taxes on real property paid to retire bonded debts incurred for the construction of regional sewerage facilities shall be deducted from the Regional Sanitary Sewer Connection Charge. The credit shall accrue from the year of annexation to the City, and be based on the assessed value at the time of obtaining the permit in accordance with the credit table established by resolution of the City Council. . . . . Ordinance 5841 Page Three (3) If a Regional Sanitary Sewerage Facility Equalization charge paid pursuant to 2-10-3 (1)(b) is greater than the charge resulting from a calculation based on the adopted methodology resulting from a Metropolitan Wastewater Management Commission study, the difference shall be refunded to the payee of the charge. Such refunds shall be made within 90 days following the adoption of the final methodology. Section 2: It is hereby found and determined that the amendment of the Springfield Code 1965 Concerning sewer connection charges including Regional Sewerage Facility Equalization charges is a matter affecting the public health, safety, and welfare, and that an emergency therefore exists, and that this ordinance shall therefore take effect immediately upon this passage by the Council and approval by the Mayor. Adopted by the Common Council of the City of Springfield the 3rd day of February , ~~ 1997 by a vote of ~ for and ~ against. Greg Shaver ATTEST: I, Eileen Stein, being first duly sworn, say that Bill Morrisette signed this document in my presence. Subscribed and sworn to me this 3rd day of February ,t991&. 1997 4dt~ -t !stu~- City Recorder I _ ClFFICtN.8M. , BLEEH F 8TEIN \. ) NOTARY PU8UC. OREGON '. ,./ COMMISSION NO. 040189 MY COMMISSION EXPIRES FEB. 19. 1999 AevtIWlD' APPROvED A8~~' . OAiE~ r~~ l ~i'i~ OFFiCe OF CITY AnoANIV V:\ENVI ROSV\SDCOR96.DOC