Ordinance No. 11-09 CITY OF TIGARD, OREGON
TIGARD CITY COUNCIL
ORDINANCE NO. 11- ()q
AN ORDINANCE ADDING CHAPTER 12.01, UTILITY SERVICES RULES AND REGULATIONS,
TO TIGARD MUNICIPAL CODE TITLE 12,WATER AND SEWERS
WHEREAS,Title 12 of the Tigard Municipal Code is outdated;and
WHEREAS, the City Council unanimously authorized the use of administrative rules in Ordinance No. 11-06
on August 23,2011;and
WHEREAS, the city intends to implement the use of administrative rules for the water and sewer utility
services described in Title 12;and
WHEREAS, Chapter 12.01 establishes definitions, authority and responsibility, identifies agreements, and
allows for the creation and use of administrative rules as they pertain to Title 12;and
WHEREAS,Chapter 12.01 was reviewed by the city attorney.
NOW,THEREFORE,THE CITY OF TIGARD ORDAINS AS FOLLOWS:
SECTION 1: Chapter 12.01, Utility Services Rules and Regulations, (Exhibit A), is added to the Tigard
4 Municipal Code.
SECTION 2: This ordinance shall be effective 30 days after its passage by the council, signature by the
mayor,and posting by the city recorder.
PASSED: By Luiani 5 vote of all council members present after being read by number
and title only,this — day of (71 - Ia#.) ,2011.
oav�- '—t0UL"U"
Catherine Wheatley,City Recorder
APPROVED: By Tigard City Council this--I!day of '�O bX—fL—, ,2
Craig Dirksen,Mayor
Approved as to form:
ity Attorney
[y' l ��
Date
ORDINANCE No. 11- 0q
Page 1
New Chapter Exhibit A
Chapter 12.01 UTILITY and procedures. In areas where two or
SERVICES more entities exist with authority to
RULES AND manage, set fees and charges,and adopt
REGULATIONS. and enforce practices and procedures,the
Managing Authority shall be designated by
Sections: agreement between such entities.
12.01.010 Definitions.
12.01.020 Purpose. Permit means the National Pollutant
12.01.030 Clean Water Services; Discharge Elimination Permit issued to
Authority. Clean Water Services.
12.01.035 Tigard Water Service Area;
Authority. Person means any individual,group or
12.01.040 Amendments. legal entity.
12.01.050 Utility Fees and Charges.
12.01.060 Application for Utility Responsible Party means the Person
Services. responsible for curing or remedying a
12.01.070 Responsibilities of Property violation of this title and includes:
Owners and Tenants.
12.01.080 Utility Services A. The owner of the property, or the
Administrative Rules. owner's manager or agent or other person
in control of the property on behalf of the
12.01.010 Definitions. owner;
City shall mean the City of Tigard. B. The Person occupying the property,
including lessee, tenant or other person
City Maaagcr shall mean the City Manager having possession;
of the City of Tigard or the City Manager's
designee.
C. The Person who is alleged to have
Clean Water Services is a county service committed unauthorized or illegal acts or
agency organized under ORS 451 with omissions, or created or allowed an
managing authority for the sanitary sewer unauthorized or illegal condition to exist.
and surface water management systems
within the City of Tigard boundary. Turd Water Service Area shall mean the
territory within the boundaries of City of
Customer means the person in whose Durham,City of King City,Tigard Water
name service is rendered, as evidenced by District and the portion of the City of
a request for service,receipt of service, Tigard not served by Tualatin Valley
signature on an application for service or Water District.
by receipt and payment of bills for service.
Edity means sewer,water and surface
Managing Au_thorn shall mean the entity water management services provided by
assigned authority to manage, set fees and the City of Tigard.
charges, and adopt and enforce practices
12-01-1 Code Update:
12.01.020 Purpose.
12.01.040 Amendments.
This chapter provides provisions,rules,
and regulations applicable to all other With regard to water facilities and service,
sections within Title 12,Water and Sewer. the City may at any time amend, change or
modify any rule, rate or charge, or make
12.01.030 Clean Water Services; any special rule,rate or contract.
Authority.
12.01.050 Utility Fees and Charges.
Clean Water Services as the Permit holder
is responsible for the management and A. Utility fees and charges shall be
operation of the public sanitary sewer and applied to all persons who use property in
the public storm and surface water . a manner which requires city utility
systems within its boundaries. The City facilities or services. If a customer does
has certain responsibilities for the not put property to a use which requires
operation and maintenance of the public one or more of the utility facilities or
sanitary sewer and the public storm and services,the customer shall not be charged
surface water systems within the City for such service.
limits, as provided through
intergovernmental agreement with Clean B. Utility fees and charges shall be
Water Services. Clean Water Services, as established by resolution of the City
the Managing Authority may adopt orders, Council in an amount reasonable and
standards, specifications,work programs, necessary to fund the administration,
reporting requirements, and performance planning, design, construction,water
criteria for the proper and effective quality programming, operation,
operation of the sanitary sewer and storm maintenance and repair, and debt service
and surface water systems and to meet or and other revenue requirements as
comply with state and federal permits, required by bond covenants of the City's
laws and regulation. Utility systems. The charges shall be based
on use of the Utility service.
12.01.035 Tigard Water Service
Area;Authority. 12.01.060 Application for Utility
Services.
The City is the Managing Authority to
provide water service to the Tigard Water Application to use the Utility system shall
Service Area through the adoption of be made to the City. The application will
intergovernmental agreements. be made in the format required by the
City. The City will require such
All City provisions, rules,regulations, application to be in writing, or may allow
standards, fees, and charges regarding application by telephone or other method.
water service provided by the City as All Persons receiving Utility service but
Managing Authority shall also apply to all for whom no account exists to pay for
Customers and Persons within the Tigard such services shall be deemed to be
Water Service Area.
12-01-2 Code Update:
applicants for such service and shall be
billed for such service.
12.01.070 Responsibilities of
Property Owners and
Tenants.
Owners of property served by City Utility
facilities and services who are not the
Customer shall not be responsible for any
delinquent Utility charges which the
Customer fails to pay. If service is
terminated because of delinquent non-
payment, and the Customer vacates the
premises leaving an outstanding bill,
service shall be restored at the request of
the property owner or new tenant without
requiring the property owner or new
tenant to pay the outstanding bill.
A Customer who is a tenant shall continue
to be responsible for delinquent Utility
charges until paid regardless of relocation
to a premise different from the premise at
which the delinquent charges were
accrued. The City may refuse to provide
service to such tenant at any new address,
may add the delinquent charge to the
tenant's utility bill, and/or may terminate
water service until the delinquent bill is
paid. The City may also pursue any action
available under the laws of the City or
State of Oregon to recover payment.
12.01.080 Utility Services
Administrative Rules.
The City Manager is authorized to
approve administrative rules related to the
provisions of Utility services and
consistent with the provisions within Title
12,Water and Sewer. Such rules shall be
approved pursuant to TMC 2.04.
12-01-3 Code Update.