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City Council Packet - 10/19/2010 ■ City of Tigard al • Tigard Workshop Meeting - Agenda TIGARD TIGARD CITY COUNCIL MEETING DATE AND TIME: October 19, 2010 - 6:30 p.m. MEETING LOCATION: City of Tigard - Town Hall - 13125 SW Hall Blvd., Tigard, OR 97223 PUBLIC NOTICE: Times noted are estimated. Assistive Listening Devices are available for persons with impaired hearing and should be scheduled for Council meetings by noon on the Monday prior to the Council meeting. Please call 503- 639 -4171, ext. 2410 (voice) or 503- 684 -2772 (TDD - Telecommunications Devices for the Deaf). Upon request, the City will also endeavor to arrange for the following services: • Qualified sign language interpreters for persons with speech or hearing impairments; and • Qualified bilingual interpreters. Since these services must be scheduled with outside service providers, it is important to allow as much lead time as possible. Please notify the City of your need by 5:00 p.m. on the Thursday preceding the meeting by calling: 503- 639 -4171, ext. 2410 (voice) or 503- 684 -2772 (TDD - Telecommunications Devices for the Deaf). Workshop meetings are cablecast on Tualatin Valley Community TV as follows: Replay Schedule for Tigard City Council Workshop Meetings - Channel 30 • Every Sunday at 11 a.m. • Every Monday at 6 a.m. • Every Tuesday* at 2 pm ( *Workshop meetings are not aired live. Tuesday broadcasts are a replay of the most recent workshop meeting.) • Every Thursday at 12 p.m. • Every Friday at 3 a.m. SEE ATTACHED AGENDA City of Tigard ; . , T Workshop Meeting - Agenda TIGARD TIGARD CITY COUNCIL MEETING DATE AND TIME: October 19, 2010 - 6:30 p.m. MEETING LOCATION: City of Tigard - Town Hall - 13125 SW Hall Blvd., Tigard, OR 97223 6:30 PM 1. WORKSHOP MEETING A. Call to Order- City Council B. Roll Call C. Pledge of Allegiance D. Council Communications & Liaison Reports E. Call to Council and Staff for Non - Agenda Items 2. JOINT MEETING WITH THE BUDGET COMMITTEE 6:35 p.m. (Time is estimated) 3. UPDATE AND DISCUSSION ON WATER RATE STUDY AND WATER SDC - ECONOMIC CRISIS ASSISTANCE PROGRAM 7:05 p.m. (Time is estimated) 4. DISCUSS UPDATING TIGARD MUNICIPAL CODE CHAPTER 12, WATER AND SEWER , AND CORRESPONDING POLICIES AND PROCEDURES 7:20 p.m. (Time is estimated) 5. RECEIVE UPDATE ON URBAN FORESTRY CODE REVISIONS PROJECT 7:50 p.m. (Time is estimated) 6. COUNCIL LIAISON REPORTS 7. NON AGENDA ITEMS 8. EXECUTIVE SESSION: The Tigard City Council may go into Executive Session. If an Executive Session is called to order, the appropriate ORS citation will be announced identifying the applicable statute. All discussions are confidential and those present may disclose nothing from the Session. Representatives of the news media are allowed to attend Executive Sessions, as provided by ORS 192.660(4), but must not disclose any information discussed. No Executive Session may be held for the purpose of taking any final action or making any final decision. Executive Sessions are closed to the public. 9. ADJOURNMENT 8:20 p.m. (Time is estimated) AIS -162 Item #: 2. Workshop Meeting Date: 10/19/2010 Length (in minutes): 30 Minutes Agenda Title: Conduct Quarterly Budget Committee Meeting Prepared By: Liz Lutz, Financial and Information Services Item Type: Budget Committee Meeting Type: Council Workshop Mtg. Information ISSUE Quarterly Budget Committee meeting STAFF RECOMMENDATION / ACTION REQUEST Informational item only. Review materials provided at the meeting and provide direction to staff as needed. KEY FACTS AND INFORMATION SUMMARY 1. Finance staff will be well into preparation of the Comprehensive Annual Financial Report for Fiscal Year 2010 for our auditors to review. We will bring you up to date on the process, next steps, and any inportant findings. 2. At the July Budget Committee meeting, the Committee requested a quarterly financial report. We will bring an initial report for the Committee to review for the first quarter of FY 2011. This item will cover the information in the report and solicit comments from the Committee on the format of the report to improve the document as a communication tool. 3. The forcast for FY 2012 -2016 is being developed during this time. Staff will update the Committee on progress. OTHER ALTERNATIVES None COUNCIL GOALS, POLICIES, APPROVED MASTER PLANS Develop a long -term financial strategy. DATES OF PREVIOUS COUNCIL CONSIDERATION NA Fiscal Impact Fiscal Information: None Attachments No file(s) attached. .. 45end } JC 1 131 2 06 - f. 19 ;era 14 '' City of and Ti 2 - tY g . Memorandum To: City of Tigard Budget Committee From: Toby LaFrance, Tigard Finance and Information Services Director Re: FY 2011 First Quarter Financial Report Date: October 18, 2010 Introduction I am pleased to provide you with the FY 2011 First Quarter Financial Report. This is our first attempt at providing the Budget Committee with a quarterly financial report and I look forward to discussing this tomorrow night during our Workshop. Please bear in mind that the numbers on the following pages are not the official audited financials of the City of Tigard. This means that the amounts represent the current fiscal situation of the City but may change with further accounting review. I intend to expand the content and analysis within the report as it develops over time. I look forward to your comments and feedback about what we could do to improve the report and make this a meaningful document for the Budget Committee and Tigard citizens. With the development of this report, we can continue to increase fiscal transparency and accountability. How to Read the Report The tables on the following pages report the progress against budget through the first three months of the fiscal year. Each page contains funds that are grouped to a similar purpose (e.g. transportation funds, water funds, etc). For each fund, the table provides the amount of the budget, the progress against budget and the percent of budget complete. At the top of the page are the resources for each fund. The resources start with the funds' Beginning Fund Balance, which represents the amount of savings in the fund at the beginning of the fiscal year. Next are the revenues of the fund grouped by revenue type. For more information on the particular revenues within a revenue type, see the Revenue Analysis section and the Fund Summaries section of the Adopted FY 2011 Budget Document. The Beginning Fund Balance plus the Revenues make up the Total Resources of the funds. The bottom half of the report shows the fund Requirements. The Requirements start with the Expenditures by type. For more information on the specific expenditures within a type, see the Program Summaries section and the Fund Summaries section of the Adopted FY 2011 Budget Documents. By subtracting the Total Expenditures from the available Total Resources, the Change is Fund Balance is calculated. By combining the Change in Fund Balance and the Beginning Fund Balance at the top of the page, the Ending Fund Balance is derived. Finally, the Ending Fund Balance is added to the Total Expenditures to calculate the Total Requirements. The total Requirements equals the total Resources to balance the budget. Summary of Findings Eventually, I intend there to be a summary for each fund group. At this time, I will present a brief overall summary. Again, bear in mind that the financials here are not the official audited financials of Tigard, but represent the current financial situation and may change with further accounting review. Ideally, our expenditures are at, or below, 25 percent and our revenues are at, or above, 25 percent. This is not always the case and is often expected. Our operating expenses should adhere to this rule, but capital, transfer, and other expenses will not. Revenues are often seasonal, dependent on a collection schedule, or dependent on the schedule of other agencies. 1. Budget amounts reflect the two budget adjustments that have been adopted by Council since the budget was adopted. 2. Operating Expenditures are all under 25 percent spent. 3. General Fund revenues are well below 25 percent. This is expected since Property Taxes are mostly received in November and December. 4. Development Funds have higher resources than budgeted. Development activity remains at levels above 2008 & 2009 activity and FY 2011 will be the first full fiscal year with the Building Fee increases implemented during FY 2010. The increase in resources is reflected in higher than anticipated fund balances in the Building Fund, Electrical Inspection Fund, Tree Replacement Fund, TIF, and Water SDC Fund. In addition, Licenses & Permits revenue in the Building Fund, Electrical Inspection Fund, and Water SDC Fund are over 25 percent of budget. In part this is due to the seasonal nature of the development industry, but can also be attributed to a continued increase in activity above budgeted amounts. 5. In the first page of Transportation Funds, the Beginning Fund Balance in the Gas Tax and City Gas Tax are significantly different than Budget. a. In the City Gas Tax Fund, it can be traced to a wet spring which slowed construction related expenses at the end of FY 2010, adding to the Beginning Fund Balance of FY 2011. b. In the Gas Tax Fund, forecasted expenses in FY 2010 were lower than actual expenses, reducing the Beginning Fund Balance in FY 2011. City staff will meet to address potential impacts this may have on expenditures in FY 2011 and report back to the Budget Committee at the next quarterly meeting. 6. The Sanitary Sewer Beginning Fund Balance is healthy, but lower than budgeted. This is due to lower revenues and additional work in new reimbursement districts created at the end of the fiscal year. FY 2011 - First Quarter Report (july thru Sept. - 25% of the year) General Fund General Fund - 100 Budget YTD* % of Budget Resources Beginning Fund Balance 6,489,077 7,244,960 112% Revenues Taxes 12,218,117 100,284 1% Franchise Fees 4,706,831 1,069,154 23% Special Assessments - - 0% Licenses & Permits 861,296 217,818 25% Intergovernmental 5,986,533 532,430 9% Charges for Services 254,793 51,045 20% Fines & Forfeitures 936,000 215,846 23% Investment Earnings 102,184 27,434 27% Other Revenue 22,209 28,242 127% Proceeds from Loan Repayment 249,000 - 0% Transfers In 3,523,981 1,537,437 44% Tc+tal ev nes - 28;840,944 ''13V-3170;.,.901. 13 joitiOom Total Res`ourees'° „ ,_ , 35;3 11,024,650 31% Requirements Expenditures Policy & Administration 808,510 153,798 19% Community Development 3,053,620 644,346 21% Community Services 19,443,946 4,560,379 23% Public Works 4,569,690 979,041 21% Debt Service - - 0% Capital Improvement 5,024 0% Loan to CCDA 249,000 - 0% Transfers Out 1,679,561 754,359 45% Contingency 710,659 - 0� >46# ericlitur :. N 514986 : 11141;Q9 `946 ' 2074 Change in Fund Balance (1,654,042) (3,317,256) 201% Ending Fund Balance 4,835,035 3,927,704 81% Total Requir z 35,350;0 „ ,.,1 024 650 4 M 31 *Note: Financials presented are not the official audited financials of the City of Tigard, but represent the current financial situation and may change with further accounting review. 10/18/2010 1:30 PM 1 of 10 FY 2011 - First Quarter Report Ply thru Sept. - 25% of the year) Central Service Funds Central Svc Fund - 600 Fleet /Prop Mngmt Fund - 650 Insurance Fund - 660 Budget YTD* % of Budget Budget YTD* % of Budget Budget YTD* % of Budget Resources Beginning Fund Balance 58,376 8,706 15% 174,751 95,151 54% 941,944 929,152 99% Revenues Taxes - - 0% - - 0% - - 0% Franchise Fees - - 0% - - 0% - - 0% Special Assessments - - 0% - - 0% - - 0% Licenses & Permits - - 0% - - 0% - - 0% Intergovernmental - - 0% - - 0% - - 0% Charges for Services 20,000 10,520 53% - - 0% - - 0% Fines & Forfeitures - - 0% - - 0% - - 0% Investment Earnings 584 564 97% - 212 0% 9,419 1,173 12% Other Revenue - - 0% - 211 0% 30,000 - 0% Proceeds from Loan Repayment - - 0% - - 0% - - 0% Transfers In 6.512.436 1,257,641 19% 1.713.117 361.107 21% - - 0% p15iii iteieRiiiitWOONAM b;533,tZO 1,? ... 1914 IOR 361;530 21° 0 _ 39'419 ,41 13 Agan14 r - -- .� �. - ''., f r ,_ r , V-;',,''-?':',13.,;‘:-:4„,°,70` . in*,.! s Total ' � „ �_" � �,�" � ''6 591;39� 6; ' l� , 77 430.E k-'''''' . ,,� 1 •s` X456;682 �E X981 363, ��930 325, � i , ; , _ ., Requirements Expenditures Policy & Administration 6,090,887 1,279,864 21% - - 0% 15,000 - 0% Community Development - - 0% - - 0% - - 0% Community Services - - 0% - - 0% - - 0% Public Works - - 0% 1,602,691 361,107 23% - - 0% Debt Service - - 0% - - 0% - - 0% Capital Improvement - - 0% - - 0% - - 0% Loan to CCDA - - 0% - - 0% - - 0% Transfers Out - - 0% - - 0% 200,000 200,000 100% Contingency 499.639 0% 222.000 - 0% _026 i peiidi eSW , 6i 90;524a 1� ' M J :: 824x6 : libit mfism201 !1M50 x 2OO °1u Change in Fund Balance (57,506) (11,139) 19% (111,574) 423 0% (175,581) (198,827) 113% Ending Fund Balance 870 (2,433) - 280% 63,177 95,575 151% 766,363 730,325 95% Total ,Requtrements u ; °,6,591;396 L ,,.;1277,430* i, , r,t)1(% ? 1;887 t ,, 456;682' .- :. . ' 24% 1 81,363' . ;930325; ,1 .'95 *Note: Financials presented are not the official audited financials of the City of Tigard, but represent the current financial situation and may change with further accounting review. 10/18/2010 1:30 PM 2 of 10 FY 2011 - First Quarter Report (July thru Sept. - 25% of the year) Development Funds Building Fund - 230 Elec. Insp. Fund - 220 Budget YTD* % of Budget Budget _ YTD* % of Budget Resources Beginning Fund Balance 162,031 406,639 251% 79,293 108,897 137% Revenues Taxes - - 0% - - 0% Franchise Fees - - 0% - - 0% Special Assessments - - 0% - - 0% Licenses & Permits 900,818 377,991 42% 146,726 63,175 43% Intergovernmental 1,470 2,135 145% - - 0% Charges for Services - - 0% - - 0% Fines & Forfeitures - - 0% - - 0% Investment Earnings 19,489 641 3% 1,189 165 14% Other Revenue 9,793 150 2% - - 0% Proceeds from Loan Repayment - - 0% - - 0% Transfers In 175,000 - 0% - - 0% ''o><aL ove ues1.0a 57O 38t '417 3 ti 47 , X6 �4 ° a ' %- o 1,'.,,1; ! 7,555 - , r . _ . 62% .. 227:208 ; t; 172,237 76% Total R , � � . , �:, .� � _ , , _ 78 Requirements Expenditures Policy & Administration - - 0% - - 0% Community Development 1,113,673 223,137 20% - - 0% Community Services - - 0% - - 0% Public Works - - 0% - - 0% Debt Service - - 0% - - 0% Capital Improvement - - 0% - - 0% Loan to CCDA - - 0% - - 0% Transfers Out 94,031 23,508 25% 175,000 43,750 25% Contingency 60,129 - 0% - - 0% oral ` .'enda 1414411643 IN,:,:-.748$4, ".. 424044 gristmo 175,1 r.(. mitr, 3 7 Q . faseloy Change in Fund Balance (161,263) 134,272 -83% (27,085) 19,590 -72% Ending Fund Balance 768 540,911 70431% 52,208 128,487 246% TotaliRecjutiements,: & ; -Sifh, 1;268,601° 787555 ; , , ,62 %0 ;.; 227;208 172,237x, ` 76% *Note: Financials presented are not the official audited financials of the City of Tigard, but represent the current financial situation and may change with further accounting review. 10/18/2010 1:30 PM 3 of 10 FY 2011 - First Quarter Report (July thru Sept. - 25% of the year) Parks Funds Parks Capital Fund - 420 Parks SDC Fund - 425 Tree Replcmt. Fund - 260 Budget YTD* % of Budget Budget YTD* % of Budget Budget YTD* % of Budget Resources Beginning Fund Balance 115,020 178,913 156% 2,561,398 2,512,658 98% 92,634 193,065 208% Revenues Taxes - - 0% - - 0% - - 0% Franchise Fees - - 0% - - 0% - - 0% Special Assessments - - 0% - - 0% - - 0% Licenses & Permits - - 0% 356,976 120,275 34% - - 0% Intergovernmental 3,350,000 - 0% - - 0% - - 0% Charges for Services - - 0% - - 0% - - 0% Fines & Forfeitures - - 0% - - 0% - - 0% Investment Earnings - 68 0% 19,489 2,968 15% 4,000 1,781 45% Other Revenue - - 0% - - 0% 40,000 873,750 2184% Proceeds from Loan Repayment - - 0% - - 0% - - 0% Transfers In 2.692.100 - 0% - - 0% 371.778 371.778 100% "TotaltR.e Hues . 1 6 0 42; 00' v ` 68 : - 76;465, : ;2431 3$, 0 Ism 81 7 - 3, 0 ., . -,- :..+, ate.: .. # `1 �. <�. ,.. .,: ..a, .: ,. I . ' $ ,- 3 "'Ai x:�. 4 "._ s ..., �, y .,. . ,'. , o ." :': '�- r 1 `2 178982 -= �.3% -g 29 37863 : 26 901 ,_ ". i90°lo A i,508412�.x ,,, }1 1 283./0 r o_, � x � X6;157, 0. � �_ _ a....�__ -. _. r ,�.� ��.. ,_. .. . z.�, ���.� ,��� ,.�_,., . „ � Toral�Resources, �. _.. .. - w.�,� ` . � � __ __ _ � � �t__ Requirements Expenditures Policy & Administration - - 0% - - 0% - - 0% Community Development - - 0% - - 0% - - 0% Community Services - - 0% - - 0% - - 0% Public Works - - 0% - - 0% - - 0% Debt Service - - 0% 281,848 - 0% - - 0% Capital Improvement 6,074,100 - 0% - - 0% - - 0% Loan to CCDA - - 0% - - 0% - - 0% Transfers Out 71,898 52,612 73% 2,423,263 273,233 11% 204,500 - 0% Contingency ° - o 7 g1 4 }I11 . X273 , . 10 .° '441204; ooh s o ff % of ... °.. a ■d � . :7400,99g1- �'S ^f1 ;,. �.: -� :� �s `ff. � ..�., ` Change in Fund Balance (103,898) (52,544) 51% (2,328,646) (149,990) 6% 211,278 1,247,309 590% Ending Fund Balance 11,122 126,369 1136% 232,752 2,362,668 1015% 303,912 1,440,374 474% Total Requt eements Shit 6;1,°57,120 ,. 1 W .;; !' `, 2;937,863 ,2 ,6351901, ',' 90% k s°`508t412 -- '1,440 ,4,, {43 %0 *Note: Financials presented are not the official audited financials of the City of Tigard, but represent the current financial situation and may change with further accounting review. 10/18/2010 1:30 PM 4 of 10 FY 2011 - First Quarter Report (July thru Sept. - 25% of the year) Transportation Funds Gas Tax Fund - 200 City Gas Tax Fund - 205 Street Maint. Fee Fund - 412 Budget YTD* % of Budget Budget YTD* % of Budget Budget YTD* % of Budget Resources Beginning Fund Balance 3,963,528 3,341,623 84% 2,384,221 3,285,354 138% 201,256 346,601 172% Revenues Taxes - - 0% - - 0% - - 0% Franchise Fees - - 0% - - 0% - - 0% Special Assessments - - 0% - - 0% - - 0% Licenses & Permits 2,602 22,500 865% - - 0% - - 0% Intergovernmental 2,586,716 485,778 19% 665,000 - 0% - - 0% Charges for Services - 130 0% - - 0% 1,266,046 186,411 15% Fines & Forfeitures - - 0% - - 0% - - 0% Investment Earnings 54,906 9,945 18% 34,071 8,000 23% 2,013 268 13% Other Revenue - - 0% - - 0 % - - 0 % Proceeds from Loan Repayment - - 0% - - 0% - - 0% Transfers In 877,310 12,500 1° s 210.000 - 0% - - 0°)0 a e. T rx x Y 5B` ,atal = ::#1. vexaue s � 521,53? � 3fl.,85� _ i �"Of� ,w �8 �sE � _� � 1 °o z 1 �°i 59 � 11�G;&?<� 1 3� i 2 �'s ' ''; . ., Y ��'g' : •: :;x.: � ,., F ... +.. d. �..sa : v.;�� :. '�� . ?: °� - �'�5Y'^ , O��t , . � `_-'%. ,�,, a�. _ >.� ._ �2 $ s� �.�.fi '� O 3��s°� C� ` i,%°, °^' �. ..._ v= = � §�, d` �, � O o Tota gesources 7 r 'r' 48 062 _ 292 3 293 ,,,.1 _ T00./o , , i 1 315 .533 280 , ; ; .z „ 3G / - ._._ � . 3 > . _ 3 476 �"� - ,�.�52/0 � : 3 � , .�.. � r .� � , Requirements Expenditures Policy & Administration - - 0% - - 0% - - 0% Community Development - - 0% - - 0% - - 0% Community Services - - 0% - - 0% - - 0% Public Works 1,986,472 410,625 21% - - 0% - - 0% Debt Service 564,000 - 0% 399,000 - 0% - - 0% Capital Improvement 4,187,915 609,462 15% 2,253,900 37,987 2% 840,400 246 0% Loan to CCDA 200,000 - 0% - - 0% - - 0% Transfers Out 506,778 118,906 23% 279,257 85,163 30% 254,454 63,614 25% Contingency 26,844 - 0% - - 0% 0% . -z .. 147 0097 11381992 15¢:0 iilitilml,511 ' ;49° #4,s ff 2511:70 *8W Tashroi, Change in Fund Balance (3,950,475) (608,139) 15% (2,023,086) (115,150) 6% 173,205 122,820 71% Ending Fund Balance 13,053 2,733,484 20941% 361,135 3,170,204 878% 374,461 469,421 125% �,,. -- u., e-. . M r , ,; a;; 3 o o '.: 3 93292 x =3 293 ;353 '. 10P4 ' Total, Re u�ements =- ` � _ .-._., w.9 �. r _ � � � ��,.�, €.. �� ��,° w . �'' 7;,485 062, � � � 3;872476. .,;� . :� 52 /. �> a,? ._ ., � , ., � �_,. _ ..,.,�._ ,- � ._. , .. _ . 0 1';469,315 �. � `;533,280 ,.�- - *Note: Financials presented are not the official audited financials of the City of Tigard, but represent the current financial situation and may change with further accounting review. 10/18/2010 1:30 PM 5 of 10 FY 2011 - First Quarter Report (July thru Sept. - 25% of the year) Transportation Funds (Continued) TDT Fund - 405 TIF Fund - 410 Underground Util. Fund - 411 Budget YTD* % of Budget Budget YTD* % of Budget Budget YTD* % of Budget Resources Beginning Fund Balance 116,433 168,770 145% 740,788 964,716 130% 470,191 484,159 103% Revenues Taxes - - 0% - - 0% - - 0% Franchise Fees - - 0% - - 0% - - 0% Special Assessments - - 0% - - 0% - - 0% Licenses & Permits 166,536 143,238 86% 64,000 9,148 14% 15,629 3,150 20% Intergovernmental - - 0% - - 0% - - 0% Charges for Services - - 0% - - 0% - - 0% Fines & Forfeitures - - 0% - - 0% - - 0% Investment Earnings 11,112 213 2% 11,112 1,860 17% 7,053 622 9% Other Revenue - - 0% 510 - 0% - - 0% Proceeds from Loan Repaymen - - 0% - - 0% - - 0% Transfers In 0' - - 9__°A A - - 0° ritaiktiVeta es �- � a , 43' '$1 a , - 75 , 2 �1 1,EM. b °6 22,66$ , j k�° 17 Ai a.., t z :: * i e mo w-- " s k o »: . ;�-ti 97 g Total Resources r 294 081 312,222a ,e. ? 106 /, ,816,410, 6 5724 „ ',120% .4 9 2 ; 873 ; ,e,-,:,„; e'' 2 9 % Requirements Expenditures Policy & Administration - - 0% - - 0% - - 0% Community Development - - 0% - - 0% - - 0% Community Services - - 0% - - 0% - - 0% Public Works - - 0% - - 0% - - 0% Debt Service - - 0% - - 0% - - 0% Capital Improvement - - 0% - - 0% - - 0% Loan to CCDA - - 0% - - 0% - - 0% Transfers Out 36,403 - 0% 313,408 12,990 4% 97,202 11,974 12% Contingency 0°L - 0°L 0� f / AMa ,tAf 2 Amt sw3'- r . ,, ' r, l3 b 0 ® /r 313 12 qf 4M - 97;292 ~ � 7!. 8 e - xflt�d�� . °. fi�ti1C�S �� M . � .. , .. 7 , .-_ Y �� �!. ,a,i., . ? mere M, , . . ,.. Change in Fund Balance 141,245 143,451 102% (237,786) (1,982) 1% (74,520) (8,202) 11% Ending Fund Balance 257,678 312,222 121% 503,002 962,735 191% 395,671 475,957 120% - .ask: �,;-�, .r.. -.,� `.� "�'� „ ., a ; �',� s..:'a"z..: p :s7. """ �z, z %.dam. -`* � � -., i"� ' iari�' — .0„ Total;Re Witi „,, • y_a. n.< ;,,N 9 , N 294E081 ,, 5.- 3'12,222 Eili ,. (i % ;.�: .�816410, i' �s,,'' 975;724 120/ ' ,r „,492,873:' ,,. - 487,931E' , , : ; 99/0 *Note: Financials presented are not the official audited financials of the City of Tigard, but represent the current financial situation and may change with further accounting review. 10/18/2010 1:30 PM 6 of 10 FY 2011 - First Quarter Report (July thru Sept. - 25% of the year) Sani / Stormwater Funds Sanitary Sewer Fund - 500 Stormwater Fund - 510 Water Qual /Quant Fund - 511 Budget YTD* % of Budget Budget YTD* % of Budget Budget YTD* % of Budget Resources Beginning Fund Balance 9,884,621 8,622,358 87% 781,889 813,970 104% 1,487,844 1,534,671 103% Revenues Taxes - - 0% - - 0% - - 0% Franchise Fees - - 0% - - 0% - - 0% Special Assessments - - 0% - - 0% - - 0% Licenses & Permits 25,000 4,600 18% - - 0% 4,250 2,325 55% Intergovernmental - - 0 % - - 0 % - - 0% Charges for Services 1,700,000 173,473 10% 1,796,757 434,894 24% - - 0% Fines & Forfeitures - - 0% - - 0% - - 0% Investment Earnings 98,846 11,124 11% 7,819 802 10% 14,878 1,969 13% Other Revenue 125,000 17,168 14% - 1,089 0% - - 0% Proceeds from Loan Repayment - - 0% - - 0% - - 0% Transfers In ° - / % 0% of ' e eflx es ° 1;q 84� . ' ' 2#00, 5 * . " ` 11°a 1,80415,7610, 436,78 24'le ` 9,"! : 4 � 220/t; .: _ r. > -.;.... �,� -xa , •:, - v .,,_,, <,.�..,..._ t .q� ° `'.:�.,`5� ;, :� '. Y .. �' ` Win _° . S ,,... -. s ° < : . 2�,..:� " XS .4 t.f .. "- _0, Total ResOii. - B ?' '`1.1;833 467 8 0 :,7 3 7 /0 P 586,465 , , r 55 < ,,, -,„ < .;48 /0 „1,06,,972 x ... 1,538,966 kW: X10 % Requirements Expenditures Policy & Administration - - 0 % - - 0 % - - 0% Community Development - - 0% - - 0% - - 0% Community Services - - 0% - - 0% - - 0% Public Works 1,068,269 138,947 13% 1,315,372 248,103 19% - - 0% Debt Service - - 0% - - 0% - - 0% Capital Improvement 829,667 53,008 6% 304,000 522 0% - - 0% Loan to CCDA - - 0% - - 0% - - 0% Transfers Out 219,656 49,072 22% 245,995 53,710 22% - - 0% Contingency 241,633 926 238.844 0% - 0% 1 oral rictt ii - : 2;35' L ' 500002V , 1U° e six, 1.0,211 :, : 30?.,,05 US . '. % Ognia Oe/ Change in Fund Balance (410,379) (34,662) 8% (299,635) 134,450 -45% 19,128 4,294 22% Ending Fund Balance 9,474,242 8,587,696 91% 482,254 948,420 197% 1,506,972 1,538,966 102% mow+ . , ' �; ,i ., ;= o ; ' fi ,1 . , 4 1l ,,: 7 2, 5- 8 :102 %0 Total° Requirements �_„��;����� � - ,� ��1�1833 467 � � 828 723 _,� � � ��:�,75 /0 �,�. 2,586 „46 r _;,� 1,2 � � � 48,/0 ,,,.��, ,506,9 - f , ,.:1,53 , 66'• *Note: Financials presented are not the official audited financials of the City of Tigard, but represent the current financial situation and may change with further accounting review. 10/18/2010 1:30 PM 7 of 10 FY 2011 - First Quarter Report (July thru Sept. - 25% of the year) Water Funds Water Fund - 530 Water SDC Fund - 531 Water CIP Fund - 532 Budget YTD* % of Budget Budget YTD* % of Budget Budget YTD* % of Budget Resources Beginning Fund Balance 2,410,162 2,492,900 103% 76,749 207,483 270% 2,290,176 2,328,066 102% Revenues Taxes - - 0% - - 0% - - 0% Franchise Fees - - 0% - - 0% - - 0% Special Assessments - - 0% - - 0% - - 0% Licenses & Permits 55,000 26,247 48% 78,947 41,201 52% 70,000 38,720 55% Intergovernmental - - 0% - - 0% 3,543,043 - 0% Charges for Services 8,067,083 2,039,775 25% - - 0% - - 0% Fines & Forfeitures - - 0% - - 0% - - 0% Investment Earnings 24,086 3,130 13% 230 533 232% 12,902 5,697 44% Other Revenue - - 0% - - 0% - - 0% Proceeds from Loan Repaymen - - 0% - - 0% - - 0% Transfers In 235.006 - 0% - - 0% 3.261.652 673.942 21% ; oral *R veti s _ ;`g $, 751 Mg; ,+ 94153 ° tligk° a 79,17?i 41734 fieltiM2 ,88o ` X$0. 9 0°fo „ 4,562 ; 053 ; § _n�42-/ r 1:551926' , 249;17 , 1¢0 %d c �2177,773 3 ; 046,425 • ° Total Re .`� ° ` „ . - . .10 791337 ' 33 / Requirements Expenditures Policy & Administration - - 0% - - 0% - - 0% Community Development - - 0% - - 0% - - 0% Community Services - - 0% - - 0% - - 0% Public Works 6,569,344 1,263,845 19% - - 0% - - 0% Debt Service - - 0% - - 0% 225,000 18,336 8% Capital Improvement - - 0% - - 0% 7,143,043 831,726 12% Loan to CCDA - - 0% - - 0% - - 0% Transfers Out 3,910,366 130,201 3% 25,000 1,745 7% 1,141,024 277,558 24% Contingency 70.487 0% - % 0% o F.Epea d itt o . Wi w . 7 :._ :! .1197 94 r , 4 , . o I 2S ; i 111100 s : , a • P a irk . ° 7 ; Ilificitioginso,i o Change in Fund Balance (2,169,022) 675,107 -31% 54,177 39,989 74% (1,621,470) (409,261) 25% Ending Fund Balance 241,140 3,168,007 1314% 130,926 247,472 189% 3,168,706 1,918,805 61% 1 ' 4,- 562;0531 , ;,, 42 %e _' -, 1551926 . i r ; . V , 3046425 26, %a Total Re ui-em �.� F o • ; .. r �- - A � 2 49 ;2. 17 . 1GQ% ��1;1,677, 773; �. ,: >, _ �. ,.. " , . q *Note: Financials presented are not the official audited financials of the City of Tigard, but represent the current financial situation and may change with further accounting review. 10/18/2010 1:30 PM 8 of 10 FY 2011 - First Quarter Report Quly thru Sept. - 25% of the year) Debt Service and Other Funds GO Debt Svc Fund - 350 Bancroft Debt Svc Fund - 300Libr. Donations /Bequests - 98(Criminal Forfeiture Fund - 240 Budget YTD* % of Budget Budget YTD* % of Budget Budget YTD* % of Budget Budget YTD* % of Budget Resources Beginning Fund Balance 78,761 163,697 208% 954,003 1,105,198 116% 466,322 469,290 101% 56,852 57,246 101% Revenues Taxes 988,883 11,232 1% - - 0% - - 0% - - 0% Franchise Fees - - 0% - - 0% - 0°% 0% Special Assessments - - 0% 120,000 16,416 14% - - 0% - - 0% Licenses & Permits - - 0% - 0% - - 0% - - 0% Intergovernmental - - 0% - - 0% - - 0% - - 0% Charges for Services - - 0% - _ 0% - - 0% _ - 0% Fines & Forfeitures - 0% - - 0% - - 0% - - 0% Investment Earnings 4,544 196 4% 36,913 32,331 88% 4,663 593 13% 1,864 71 4% Other Revenue - - 0% - - 0% - - 0% - - 0% Proceeds from Loan Repaymen - - 0% - - 0% - - 0% - - 0% Transfers In - 0°M0 0°�0 0� 02A . 'Tout es*enttes % `t . 993;4274 AVf 11;4 ifteatt Figs 619 3 .14$717 015 Ficy.60,4 _ , .. .5434 Inpzi 48641 ptanani VIRtly4 -_ - a w '" ° f,:1 110,916: * ; 1 153;945 1 04% 0 A'47Q985, ; 469 ;t r r 100% 58 716 _ = .57;317¢ 98% Total'Resou , '� , „ , „ K .,1;072 t88'� 1 75126 ,5 16/0 ,,,,. _._ �. �� - - Requirements Expenditures o Policy & Administration - - 0% - - 0% - - 0% - - 0% Community Development - - 0% - - 0% - - 0% - - 0% Community Services - - 0% - - 0% - - 0% - - 0% Public Works - - 0% - - 0% - - 0% - - 0% Debt Service 976,383 - 0% 193,378 - 0% - - 0% - - 0% Capital Improvement - - 0% - - 0% - - 0% - - 0% Loan to CCDA - - 0% - - 0% - - 0% - - 0% Transfers Out - - 0% 800,000 800,000 100% 100,000 - 0% 15,000 - 0% Contingency - 0% - TA - CrAi 0% .., _ , o8le 99 3 78' : 8fl40 90, . 4t 81% ' ItI O'(N191 st:7 ..' 0 °fe i*1S4 "' . .< .�, (f%e �7?ettcli �. � �,976�831 � .. . r` � a t ,�..... .,.. Change in Fund Balance 17,044 11,428 67% (836,465) (751,253) 90% (95,337) 593 -1% (13,136) 71 -1% Ending Fund Balance 95,805 175,126 183% 117,538 353,945 301% 370,985 469,883 127% 43,716 57,317 131% Total Requirements . ' : x. 6 ;1'072588. 's _ . ,175;126 n, <., -;t, 16 /a 1,110;916 °:1,153;945. _ 104% 0_'' „, 47.0;985 : x469;883' ;`100%0 t x 158,716: R--.; 57;3174: ' 98. °l0 ' *Note: Financials presented are not the official audited financials of the City of Tigard, but represent the current financial situation and may change with further accounting review. 10/18/2010 1:30 PM 9 of 10 FY 2011 - First Quarter Report (July thru Sept. - 25% of the year) City Center Development Agency Funds U.R. Debt Svc Fund - 930 U.R. Capital Fund - 940 Budget YTD* % of Budget Budget YTD* % of Budget Resources Beginning Fund Balance 414,993 412,966 100% 42,500 42,445 100% Revenues Taxes 212,600 2,247 1% - - 0% Franchise Fees - - 0% - - 0% Special Assessments - - 0% - - 0% Licenses & Permits - - 0% - - 0% Intergovernmental - - 0% 449,000 - 0% Charges for Services - - 0% - - 0% Fines & Forfeitures - - 0% - - 0% Investment Earnings 6,225 522 8% - 55 0% Other Revenue - - 0% - - 0% Proceeds from Loan Repayment - - 0% - - 0% Transfers In n - n_ T4 ` Venuet� t _. 8 ,' ' .2,7I ; 1° e 9;000 5 0% Total Resources s , - t -, '633'81& ,,` 415736 e # ' ' 66 % /0 , , :. 491•500 , "42;500 <9% Requirements Expenditures Policy & Administration - - 0% - - 0% Community Development - - 0% - 2,519 0% Community Services - - 0% - - 0% Public Works - - 0% - - 0% Debt Service 249,000 - 0% - - 0% Capital Improvement - - 0% 491,500 32,078 7% Loan to CCDA - - 0% - - 0% Transfers Out - - 0% - - 0% Contingency - - rii ett<ci Wi . sv. `` ' .. 240060' 11.230° . g kW Na 7 °i Change in Fund Balance (30,175) 2,770 -9% (42,500) (34,542) 81% Ending Fund Balance 384,818 415,736 108% - 7,903 0% Total Regturemei is ,. 633,818 r, . `4,15,736 %u„ e -66 %0 , - ; :: 497, ;.. , M .42; m , 9 *Note: Financials presented are not the official audited financials of the CCDA, but represent the current financial situation and may change with further accounting review. 10/18/2010 1:30 PM 10 of 10 OIOZ '9Z Alnr `AepuoI l I. • se 3o I (EP JUVtitd P3 (Suppe, spa(old sazguoud weal dl0 (\-` weal dl3 01 is uo! {eznuoud / sap!nod specs kosinpy pavei aq o{ pry pe(oid samedaid ca /Md Sw1O j lsanbaa pa(oid dl0 sa/edaid pue use Pa(oid satenlena 03 /Md i suogeu!wou 1oa(old sapnpu! (PO IdaS) Pouad {uawuio0 110/NON poolvoqtg weal dIO 01 slag 1oa(old pwgns ( 3 1a 'a0!3d 'Md '00) sluawl+edaO dIO 6u!►s! sue{d ialseyy- woy padolanap luawssassy spaaN lei!de3 eua1u3 uogezquoud Melnal- weal dI0 /M Bugaayr 11043!)4 WCJSO1d ,UaW3AOJdWI in!deD /\t 0 a O Q CD 1 1� ?qD 1101 J - tat'p11 1 -oui1t'I:dO .' !3 2 C Operating; Budget Flowchart Capital City / CCDA Improvement Financial Po - Budgets Program g (Finance Internal Proces; GIP Team provides Finance with fist of new CIP .__.1 Allrf projects only w/ - project costs - L.. — -� N .0 E / V / CIP Team G) C evaluates & C) • ranks projects B ■ Instructions given to departments CIP Team Dept. budgets due CO 0 provides final CIP to Finance & new C project list to -- FTE/Rectass t0 Finance forms due to HR to ` -J v I draft of CIP .pt budget Soc. Service (Community Plan is completed meetings w/ — Events & Applications sent and posted on city Finance out website i Y Neighborhood — Schedules Social Service Network Open subcomml tspeeting House - education I of CIP and its • : pt. meetings w - T process (only) J City Manager I Send tax abatement f applications Ir V v HR FIE & reclass reports due to I Soc Serv/Comm Events Finance /7\‘‘. Grants due 8 distributed \ ' to subcommittee. and City ' IN & City Mana I Recorder develops Proposed > \ Budget/CIP / \ ail \ / IN & City Manage develops Proposed Y Budget/CIP 0) LL • Monday, July 26, 2010 ■ 3 City Operating Budget Flowchart Capital City / CCDA Improve Financial Forec• Budgets Program Finance Internal Proces � CI P Te Depts. £* / finale CIP/ - _ Requests � due to Finance FIN meetings FIN meetings w/ I Submit Comm Events wl City City Manager to — I pact et to Council Manager to finalize Proposed �- -- finalize CIP Budget I Meetings with Council & I I Suboommittee to review Comm Evts grants Proposed CIP sent to Proposed Budget — r I printer sent to printer I 4' I d' FIN prepares white I Final revisions w/ papers I technical adjustments I completed in CIP < T Plan T Budget/CCDA hearing �` a notice to Tigard Times I 1 Budget Committee — — ,, ■ I Budget Budgets issued to C ommitte e Budget Committee Meetings ; -- Technical Techni Submit financial Adjustments Adj I Washington County J I .T Operating budget City Council pac►.ets CIP adopted by & CCDA budget due to City Recorder _,T -----" ../ Council adopted by Council 5 Filing of State j documents Including LP I H --- 1 -3.50, UR 50, & CIP a ` __ _ - to BOLI >' Print Adopted CIP Print Adopted 0 Document Budget Monday, July 26, 2010 ■ AIS -122 Item #: 3. Workshop Meeting Date: 10/19/2010 Length (in minutes): 15 Minutes Agenda Title: Water Rate Study and Water SDC Update - Economic Crisis Assistance Program Prepared By: John Goodrich, Public Works Item Type: Update, Discussion, Direct Staff Meeting Type: Council Workshop Mtg. Information ISSUE Should the City authorize the Mayor to sign a Memorandum of Understanding (MOU) with a 501C(3) community charitable organization to administer a "City of Tigard Utility Financial Assistance Program" for eligible Tigard Water Service Area (TWSA) household rate payers experiencing economic hardship or crisis? STAFF RECOMMENDATION / ACTION REQUEST Staff recommends Council review the information provided. If directed by council, staff will bring the MOU back for council consideration by council at a future business meeting. KEY FACTS AND INFORMATION SUMMARY Problem: How can the City of Tigard provide financial aid assistance in water utility billing for eligible TWSA customers experiencing economic hardship? Objective: Provide fair and equitable financial aid on an "as needed basis" for qualified TWSA customers that may need financial assistance based on economic factors or hardship. Goal: To provide financial aid or assistance to water utility customers on an as needed basis in paying their water bills. Program Requirements: • Fair and equitable administration and distribution of financial aid assistance • Financial aid assistance for billed water utility costs only • A financial means test that does not involve City staff in determining eligibility or the amount of need. • Fund the program through rate payer donation assistance to a community organization based on a fixed percentage of adopted budget water utility sales (propose .5% pass - through or approximately $37,500) Program Proposal: The City of Tigard enters into an agreement (MOU or contract) with the 501C(3) charity organization "Care to Share" located in Aloha, Washington County to provide financial aid assistance to water utility customers within the TWSA (Durham, King City, Tigard, and Tigard Water District). Care to Share would be the "administrator" of the City of Tigard Utility Financial Assistance Program. As administrator, "Care to Share" would provide financial aid assistance for the water bill portion to program eligible customers, and use funds provided by the City on an annual basis. Under City agreement, the administrator would receive ten percent (10 %) for overhead costs. The administrator would conduct the financial means test to determine qualification for assistance. The administrator would also provide a monthly accounting of the number of customers that were provided service, and dollar amounts expended. A detailed description of the proposed program is attached. OTHER ALTERNATIVES Council could choose to not authorize the Mayor to sign the MOU and request staff to administer a utility financial assistance program adopted by Council. Council could also decide not to fund or provide a financial assistance program for water utility rate payers in economic crisis. COUNCIL GOALS, POLICIES, APPROVED MASTER PLANS Council Long Range Objectives: Basic city services provided to citizens are cost effective and are delivered without interruption. Programs and activities are available in the community to meet the needs of a diverse population. DATES OF PREVIOUS COUNCIL CONSIDERATION Public Works Director Koellermeier initially informed Council at the September 21, 2010 work shop that staff would be coming forward with a proposal for discussion and consideration regarding water customer economic crisis financial assistance. Fiscal Impact Cost: $18,750 Budgeted (yes or no): no Where Budgeted (department /program): Water Additional Fiscal Notes: Funding would be determined each budget cycle for adoption based on 0.5% of sales revenue, per the MOU. For FY 2011, half of the budget year is complete and only half of the program cost will be incurred for a total of $18,750. Staff will look at repriorizing the adopted budget to absorb this additional expense; however, a budget amendment may be necessary for FY201 1. Attachments Outline for Tigard Water Utility Financial Aid • Water Utility Financial Aid T I G A R D Tigard Water Service Area Customers Problem: How can the City of Tigard provide financial aid assistance in water utility billing for eligible TWSA customers experiencing economic hardship? Objective: Provide fair and equitable financial aid on an "as needed basis" for qualified TWSA customers that may need financial assistance based on economic factors or hardship. Goal: To provide financial aid or assistance to water utility customers on an as needed basis in paying their water bills. Program Requirements: • Fair and equitable administration and distribution of financial aid assistance • Provide financial aid assistance for billed water utility costs only • Provide a financial means test without involving City staff in making the eligibility or determination of amount of need • Fund the program through rate payer donation assistance to a community organization based on a fixed percentage of adopted budget water utility sales Program Proposal: The City of Tigard enters into an agreement (MOU or contract) with the 501C(3) charity organization "Care to Share" located in Aloha, Washington County to provide financial aid assistance to water utility customers within the Tigard Water Service Area (Durham, King City, Tigard, and Tigard Water District). Care to Share would be the "administrator" of the City of Tigard Utility Financial Assistance Program. As administrator, Care to Share would provide financial aid assistance for the water bill portion only of a program eligible customer, and use funds provided by the City on an annual basis. Under City agreement, the administrator would receive ten percent (10 %) for overhead costs. The administrator would conduct the financial means test to determine qualification for assistance. The administrator would also provide a monthly accounting of the number of customers that were provided service, and dollar amounts expended. Proposed Funding: The administrator would receive an annual water rate payer charity donation dollar sum equivalent of .5% (0.005) of the adopted budget forecasted revenues for utility water sales each year. This budget amount would be identified as a line item dollar amount under 530 6500 54402 "Contributions to Community Organization ". These funds would be available each fiscal year (July). Example: Water utility sales are forecasted at $7.9 million for FY2011. Based on the multiplier of 0.005, Care to Share would be paid $39,500. After administrative costs of 10 %, this would provide $35,550 for financial assistance. An average of 100 customers per month could be provided financial assistance based on the median water bill of $30.00 /month. This financial assistance could help 0.6% of the residential population within the TWSA. This example is using anticipated rate increase cost adjustments. Each customer would still be responsible for the other charges associated with their utility bill (CWS, Street Maintenance Fees, etc.). Those customers unable to provide these additional funds for full payment would be ineligible for assistance. Additional Program Funding: The City can also provide information to the public and employees regarding "additional" charitable contributions to the program administrator. These additional contributions can be directly made to the charitable organization administrator and identified by each contributable donor as TWSA water customer eligible only. Information regarding the availability to donate locally for this program can be communicated through CityScape and Iunow H2O newsletters, City website, billing invoices and bill staffers, and other media. City staff would not be involved in administering the collection of private, public and /or employee donations. Program Requirements: The administrator shall be responsible for the following: • Determine the eligibility of individuals and families within the Tigard, Durham, King City and Tigard Water District seeking financial aid or assistance toward payment of their water utility bill • Eligibility will be based on any "reasonable or standard means or needs" test determined solely under the control of the administrator. The City shall make no determination or recommendation for eligibility or requirements. • Ensure that each individual or family has the "other" financial means to make full payment on portions of the City billing invoice not associated with water utility service. Those individuals or families not financially able to make full payment toward other expenses shall be ineligible for the program and no financial assistance shall be provided. The program objective is to avert shut off for non- payment or delinquent account by making full payment of City billing invoice within the allowed time frame. • Individual or families may be eligible multiple times per year, but no more than 3 times within a one year period. The administrator shall have full authority to make this determination and disperse financial aid as needed under this restriction. • Only individual or families within the Tigard Water Service Area shall be eligible. Multiple family units or businesses are ineligible for the program. • Individual or families seeking financial assistance that meet the administrator's eligibility requirements may use financial aid to make payment toward credit for leak adjustments. Individual or families eligibility is restricted to once every three years regarding credit for leak adjustments. • The maximum amount of funds given to an individual or family seeking financial assistance for water utility service shall be only eligible for costs associated with the fixed or base charge and first (1") tiered water block. Any costs associated with second or third tiered rate blocks shall be paid for by the customer unless the customer is seeking financial assistance for a credit for leak adjustment. • The administrator is responsible for following reasonable business practices regarding distribution of financial assistance or aid funds provided by the City. Each month, the administrator shall provide reporting to the City regarding the number of individuals or families rendered assistance, and the dollar amounts provided. • If the funding provided is dispersed before the end of the fiscal year due to increased activity, the City may make a determination to provide additional funds. The City is under no obligation to provide additional funding and all funding is budget based through adoption by City Council. • Administrator shall track all employee and rate payer donations within the TWSA. These donations would not be subject to any overhead fees or charges, and will be utilized by the program for financial aid assistance as deemed by the individual donor. Proposed Benefits: This program will allow community leaders to address water utility customers concerns regarding those individuals and families within the service area that may need financial aid assistance as water rates increase to fund the Lake Oswego Tigard Joint Water Supply Project. It will allow city staff to direct customers in need of financial assistance to a third party administrator. City staff will not be involved with determining eligibility, or the time necessary to discuss individual needs or problems associated with financial aid. Providing partial financial assistance (water billing only) may reduce or avert notification and shutoff for eligible customers needing financial assistance due to economic factors or hardship. Involving the charity organization administrator Care to Share may allow at a future date the use of additional monies collected from donations by employees of Clean Water Services for financial aid assistance toward CWS utility billing charges. AIS -42 Item #: 4. Workshop Meeting Date: 10/19/2010 Length (in minutes): 30 Minutes Agenda Title: Discuss Updating of TMC Title 12, Water and Sewer; and Corresponding Practices and Procedures Prepared By: Kathy Mollusky, Public Works Item Type: Update, Discussion, Direct Staff Meeting Type: Council Workshop Mtg. Information ISSUE This is a discussion and overview of major revisions to the Tigard Municipal Code (TMC) Title 12 Water and Sewer; and newly written administrative rules and supplemental regulations pertaining to practices and procedures for utility services and utility billing. STAFF RECOMMENDATION / ACTION REQUEST Review and discuss information presented and provide direction to staff on preferred alternatives. KEY FACTS AND INFORMATION SUMMARY The City of Tigard Municipal Code Title 12 - Water and Sewer - is outdated. This title and chapters are being reviewed and revised to allow for the use of administrative rules and supplemental regulations. These are separate "stand alone" written policies and procedures regarding the enterprise utility business practices. These supplemental written procedural policies allow for the day -to -day business practices to be identified, referred to and provided as information to utility services customers and public. This project has 8 attachments — Summarized below: TMC Title 12 Water and Sewer chapter revisions (seven attachments - one new TMC 12.01, three clean copies for clarity and three redline /strikeout): • TMC 12.01 — UTILITY SERVICES RULES AND REGULATIONS — covers definitions, authority, agreements, etc. — newly created document • TMC 12.02 — SANITARY SEWER AND SURFACE WATER MANAGEMENT — rules and regulations pertaining to sanitary sewer and surface water management — minor changes to existing TMC language • TMC 12.03 — BILLING AND COLLECTION OF UTILITY CHARGES — Rates, charges, fees, penalties, collections — changes to existing TMC language • TMC 12.10 — WATER SYSTEM RULES AND REGULATIONS — Rules and regulations applicable to Water Utility Services Policy — changes to existing TMC language Utility Services Administrative Rules and Supplemental Regulations - one attachment with the following policies bookmarked within the attachment summarized below: I. GENERAL UTILITY SERVICES POLICY — definitions, power to grant variances, amendments and agreements, etc. 2. UTILITY SERVICES BILLING AND PAYMENT POLICY — billing cycle, payments, other fees and charges, adjustments and payment agreements, etc. 3. RESIDENTIAL CREDIT FOR LEAK ADJUSTMENT POLICY — credit for leak adjustment calculations, appeal process 4. DELINQUENT ACCOUNT POLIES — delinquent payment practices and procedures for multi- family /commercial, single family, metered business utility services, and billing and collection of utility charges accounts 5. TEMPORARY UTILITY SERVICE POLICY — temporary water service procedures 6. WATER UTILITY SERVICE POLICY — meter installations, master metering, access to water meter, etc. 7. WATER METER MAINTENANCE POLICY — accuracy of water meter, replacement, damage and tampering 8. CROSS CONNECTION CONTROL PROGRAM POLICY — cross connection control testing, notification, program practices and procedures 9. WATER EMERGENCY AND CURTAILMENT POLICY — curtailment process, stages, notification and public information 10. WATER CURTAILMENT PLAN — detailed water curtailment stages At this time, staff is sharing these practices and procedural changes to Council for information and discussion. Most of these practices have been in place, but need to be clearly written and provided to customers and public. At a later date, staff will ask Council to consider adopting an ordinance to make the recommended changes to TMC Title 12 Water and Sewer, and also to initially approve the use of these 10 administrative rules and supplemental regulation utility services policies, and procedures regarding best utility business practices for our utility customers. OTHER ALTERNATIVES The Council could choose to not make any changes to TMC Title 12 - Water and Sewer and staff will continue working with the outdated TMC. COUNCIL GOALS, POLICIES, APPROVED MASTER PLANS None DATES OF PREVIOUS COUNCIL CONSIDERATION None. Fiscal Impact Fiscal Information: There is no fiscal impact through the revisions proposed to TMC Title 12 - Water and Sewer. Most of these practices, procedures, and policies are already in place. Staff has identified that they need to be separately written and available to customers and public. Attachments Redline TMC 12.10 Redline TMC 12.02 Redline TMC 12.03 TMC 12.01 TMC 12.02 TMC 12.03 TMC 12.10 Utility Services Rules and Regulations Attachment 1 TIGARD MUNICIPAL CODE !Chapter 12.10 WATER SYSTEM RULES Authorized Representatives. j Comment []LDI.]: NO CITY ATTORNEY AND REGULATIONS. 12.10.280 Power To Grant Variances. l REVISIONS TO THIS DOCUMENT 1 12.10.300 Findings And Declaration Of A • - { Formatted: Indent: Left: 0.1" Sections: Water Emergency. 12.10.310 Levels Of Prohibition. 12.10.010 Rules and Regulations 12.10.320 Enforcement. Applicable to Water Utility Services 12.10.330 Penalties. Policy . 12.10.340 Water Shut -Off. 12.10.020 Use Of Water. 12.10.350 Definition. 12.10.030 Service Size. ./..{ Formatted: Font: Bold 12.10.040 Separate Connection. -.__ sup ie .:_ F — 12.10.050 Furnishing Water. 12.10.060 Service °-'_-r, �.ate-Ser viee- Pipes._ the-eustemer-first- • { Formatted: Indent: Left: 0" Standard and Maintenance :._ 12.10.070 Credit For Water Leaks. 12.10.080 Jurisdiction. OF -43- 34)12.10.010 12.10.090 Waste - Plumbing - Inspection. Rules and Regulations 12.10.100Physical Connections With AApplicable to Utility Other Water Supplies Or Services. Billing -and- Systems. 12.10.110Cross Connection Control 1. Adoption of Administrative Rules and Program. Supplemental Regulations. 12.10.120Payment - Delinquency. (Repealed By Ord. 96 -02). The City Council has the authority 12.10.130 Water Rates. , -{ Formatted: Condensed by 0.05 pt 12.10.140 Discontinuance Of Service. a. I to— adopt initial Pe—initial 12.10.150Interrupted Service - Changes • { Formatted: Condensed by 0.05 pt In Pressure. administrative rules and supplemental regulations 12.10.160Service Connection related to the provisions of the Water Utility __ _---{ Formatted: Condensed by 0.05 pt Maintenance. tility services. Such initial _ - -{ Formatted: Expanded by 0.15 pt 12.10.170 Main Extensions. rules and regulations shall be adopted by 12.10.180Limitation On The Use Of resolution. Water. 12.10.190Temporary Or Transient b. The Service. City Manager or designee has 12.10.200 Construction Water. the authority to adept --- and - -amend the 12.10.210 Meter Out -Of -Order - Test. administrative rules and supplemental regulations 12.10.220 Fire Hydrants. related to the provisions of the – Water 12.10.230 Fire Hydrant - TemporaryUse. u- utility &services Palie -res as prescribed 12.10.240Illegal Use Of Fire Hydrant Or in Chanter 12.01.100 Rules and Regulations - - - -{ Formatted: Font: Bold Meter. Applicable to Utility Services Code. The Finance 12.10.250Amendments - Special Rules - ity Manager or { F ormatted: F ont: 11 pt Contracts. designee has the authority to administer the rules 12.10.260 Grievances. and regulations. Changes to any administrative 12.10.270The Public Works Director And 12 - 10 - Code Update: 11/08 TIGARD MUNICIPAL CODE rules or supplemental regulations, or any ' additional interim rules shall follow all procedures - - : : - • • - • ::: • : as described in Chapter 12.01.100.--whether Y• • adoptw or di n . • • • t h e ,.� �--i;r � _ . _ -- - ... .. Formatted: Indent: Left: 0" seetion. 3. Interim Rules. Formatted: Indent: Left: 0.25 ", Space Before: • • . _ . - _ ... - Interim rue.. , at be a ffective f .. a - o d 12.6 pt, No bullets or numbering Formatted: Indent: Left: 0.25 ", Space After: will Not more than 30 days after Opt, No bullets or numbering { Formatted: Line spacing: single • • - _.. - • , _ .. . _ .. - • _ _ . be-obtained- : . • , .. _ r- -. Formatted: Left, Indent: Left: 0.25 ", First A A11 p _..1 : _ i le.. m the line: 0" The Finance and Information 12.10.020 Use Of Water. prepeaml-Fele: Water will be furnished for ordinary domestic, business and community purposes, and fire protection only. No water will be furnished for the direct operation of steam boilers, machinery or golf courses, except on an : • : : • _ .:•• •• : • :-•: = '5.. interruptible basis, and the City will assume no responsibility therein. (Ord. 93 -34) • - • • ••• 12.10.030 Service Size. Upon the application for single new water Oireeter-5 service, and payment of all charges, the City will install a service connection and meter of such size • • - • • .' • - : • • • -• and location as approved by the Public Works Department:_ Meter and water service piping shall 12 - 10 - Code Update: 11/08 TIGARD MUNICIPAL CODE I be sized as—using the fixture count method as described in the State of Oregon Uniform Plumbing Code. The minimum size of any water meter, which connects to the city water system, shall be five - eights /three - fourths inch diameter. In new subdivisions, the City may allewrequires the installation of water mains, valves, fire hydrants, and -water services, and any other water related appurtenances by the developer as a part of improvements in— this — ehapter. All improvements and installations shall be in accordance of the Public Improvement Design Standards. (Ord. 02 -31; Ord. 93 -34) 12 -10 -3 Code Update: 11/08 TIGARD MUNICIPAL CODE 12.10.040 Separate Connection. A separate service connection will be required for each dwelling, apartment or motel, place of business, and institution. All outlying buildings and premises used as a part of such dwelling place or business or institution may be served from such connection, as well as all burgs I on such p penises created mkt thecne management The City shall prescribe the number of buildings to be served from one meter and such determination shall be final. (Ord. 02 -31; Ord. 93 -34) • { r Formatted: Space Before: 0 pt t 1 Formatted: Left, Indent: First line: 0 ", Space :: • : `Before: Opt a 0231-) - { Formatted: Space Before: 0 pt 12.10.050 Furnishing Water. The City shall not be obligated to furnish and install, at its expense, system facilities for all property within the City. The City shall, so far as reasonable, practicable, and within its financial means however,provide adequate source of supply, necessary— primary €eedeFtransmission mains, storage facilities and other improvements necessary to make water service generally available to all areas within the City. Extensions to furnish water to areas not now served by the City will be made at the expense of those persons requesting service. Such extensions will be made by the City or by those expressly authorized by the City. All 12 -10 -4 Code Update: 11/08 TIGARD MUNICIPAL CODE _ — { Formatted: Indent: First line: 0" Consideration will be given to the City's ability • , • to serve and to eligibility for annexation to the iertifr City of the property to be served. The City may contract with other governmental entities for the provision of water. The terms of service will be defined by agreement and consistent with the terms of this Chapter. (Ord. 93 -34) _ e. . 12.10.060 Service Pipe Standard and Ord. 96 02: Ord. 93 31) Maintenance. 12.10.080 Jurisdiction Of Water System. Service pipes of all sizes, within or without the premises, whether for domestic, commercial, The operation and repair of the City's water or fire protection purposes, must be materials, system, including pipes, valves, pumps, storage quality, class, and size as specified by the state reservoirs, fixtures, etc. is the complete plumbing code, Public Improvement Design responsibility of the City Public Works Standards, or regulations of the City. Department. No plumber, contractor, or other person will be allowed to connect to or operate The service pipe within the premises and any part of the City's water system up to and throughout its entire length to the water meter or including the water meter. (Ord. 02 -31; Ord. 93- to the property line if the water meter is set behind the property line, must be kept in repair and protected from freezing at the expense of the customer, lessee, or agent, who shall be responsible for all damages resulting from leaks ••• :. _ . : • . _.. : .. •• or breaks. (Ord. 02 -31; Ord. 93 -34) , -{ Formatted: Font: Bold }2.,n 0 70 — Credit For ` ater Leaks. :.-.•• .. - -- - _ • Formatted: Indent: First line: 0 ", Space Before: 14.4 pt 34) 12.10.090 Water Waste -- Plumbing— Inspection. Water will not be furnished to premises where it is allowed to run or waste to prevent freezing or through defective plumbing or otherwise. All l ilumbing sheuldall be ef•high t and first class and in conformance with 12 - 10 - Cade Update: 11/08 TIGARD MUNICIPAL CODE the appropriate codes of the jurisdiction issuing the building permit Oregon epartment of become high on 5/8" x 3/1" and 1" meters, a Human Services. (Included in this category are all • . • ,; ::: : - pipe lines, appurtenances and facilities of the City • . . • _ . e • .• _ system and all pipes, appurtenances, pumps, tanks, " : , _. •_ ' _ storage reservoirs, facilities, equipment, installing-a appliances, etc., of other systems whether located within or on public or private property, or the premises of a water customer. pressures. The Public Works Director or 3 • • • • -- • __. - --{ Formatted: Space Before: 10.8 pt 3 at -{ per times -(Ord. 93 -34) •. ; • ' _ • e'. -::. - . 12.10.1 Physical Connections With Other Water Supplies Or Systems. Neither cross connections nor physical • . . : _ : .. • _ . connections of any kind shall be made to any .. .: : other water supply, whether private or public, without the written consent and approval of the City Council, and the written approval of the Any such connection shall be removed by the customer within ten days after written notice to • f Formatted: Space Before: 10.8 pt remove is given by the City. If not removed within the time specified, the City may remove or discontinue service to any connection which it may have for sewieingwater service to the property. No person shall interfere with or attempt to prevent the Public Works Director or other authorized representative from entering upon private premises and inspecting the property when an emergency exists or the Public Works Director or authorized representative exhibits a warrant authorizing entry. (Ord. 93 -34) 12 -10 -6 Code Update: 11/08 TIGARD MUNICIPAL CODE 12.10.110 Cross Connection Control Program. : _ : • . • ... , . .. ... .. _ • . _ . , , Formatted: Indent: First line: 0.5 ", No The City maintains a cross seetieet bullets or numbering, Tab stops: Not at 037" connection control program is—to protect the public water supply of - the -fly from contamination or pollution from potential cross connections; and to assure that approved backflow eeffneetieni prevention assemblies or devices are tested and/or inspected annually,- es- fellewse_ The policies, procedures, and criteria for determining appropriate levels of protection shall be in accordance with the Accepted Procedure and Practice in Cross Connection Control Manual, American Water Works Association, Pacific Northwest Section, current edition (OR Admin. Rules. Ch. 333 - 61.070). directed by the City or it3 authorized Feffeseatative(ok . _ • • ... .. \ •. Rules, Ch. 333 61.070). • 12 - 10 - Code Update: 11/08 TIGARD MUNICIPAL CODE height approwil-ef-the-City: _ ' ' .. • - -. . . - .. _ • . / 1 • • •. • .. . .. . _ ter. .... • .. ' •• .. . . . .... .. •' n • • •...- ._ ._ _. . •- 144ee b ,..1. cyatcm. (Ord. 07 11; Ord. 93 34) 12 10 -8 Code Update: 11/08 TIGARD MUNICIPAL CODE freezing, hot water, traffic hazards, and other 12.10.120 Payment - Delinquency, causes, in default of which, such customer shall (Repealed by Ord. 96 -02). pay to the City the full amount of the resulting damage. (Repealed by Ord. 96 -02, Ord. 96 -02; Ord. 93 -34) 12.10.130 Water Rates. All rates, fees and charges shall be set by resolution of the Tigard -City Council. (Ord. 93- Each customer is required to maintain 34) vegetation and other obstruction free zones around water meters, fire hydrants or other water appurtenances. mne–of–a–minimum–ef–twe–feet 12.10.140 Temporary " : : • _ " - ' ' " • ' • Service _ :.: :...: - ::: :: ! :.: .: • . • : Formatted: 0.95", S pace Left, 12 Left: 0 , n9 _ Hanging: 9 . , _ _ . - - - • _. - . _ . The City shall have no liability for trimming of maintaining vegetation in order to access ' reedwater meters, fire hydrants. or other water appurtenances. (Ord. 02 -31; Ord. 93 -34) 93-34) — 12.10.150 Interrupted Service - Changes 12 •' 0.170 MainEateesieea. In Pressure. The water may be shut off at any rime for repairs or other necessary work with or without notice. Conditions may cause a variation of the water pressure. The City will not be responsible for - • -• • • - . ••• • • - • • - ' any damage caused by interruption of service or varying pressure. • _ ' Ord. 93 -34) Size of such extensions 12.10.160 Service Connection Maintenance. The City will maintain all standard service • connections in good repair without expense to the _ ' • customers. Each customer is required to use : reasonable care and diligence to protect the water meter and meter box from loss or damage by _ 12 - 10 - Code Update: 11/08 TIGARD MUNICIPAL CODE • • ' =• •.• - • • •• • . • - • • - -- { Fo matted: Justified, Line spacing: single ,. . Y• .- unauthorized: eteteeisien: (Ord. 02 3 1; Ord. 93 31) 12.10.180 Limitation On The Use Of Water. Formatted: Indent: First line: 0.25 ", No Limitation on the use of water as to bullets or numbering, Tab stops: Not at 0.37" hours, purpose, or manner may be prescribed from time to time by order of the City Public Works 12 - 10 - 10 Code Update: 11/08 TIGARD MUNICIPAL CODE Director, based on a finding that the limitation is reasonable given the available and projected water 12 M 9eF st supply and demand. Any order under this section shall be reviewed by City Council at its next session following issuance of the order. The City Council may affirm, withdraw or amend the order. B The City Public Works Director, the City _ Manager or the City Council may call for voluntary reductions in water use,, incl but .. " "' " " (Ord. 01 -15 §1, Ord. 93 -34) �_ - -- Formatted: Justified, Space Before: 10.8 pt, 12.10.220 Fire Hydrants. Line spacing: single Repealed by Ord. 02 -31. (Ord. 93 -34) Servie Temporary or transient aorvioo for 12.10.230 Fire Hydrant- Temporary Use. Any person who desires to use a fire hydrant - � - for temporary water supply must obtain - permission of the City. The charge for temporary use shall be set by resolution of the City Council. Customer is • . -•• •• • •. •• • responsible for repair and/or replacement • - of damaged meter. (Ord. 93.34) penoinsion • installed,(014,9-3-34-) 12.10.240 Illegal Use Of Fire Hydrant Or • . .. .. _- Meter. Connection to a fire hydrant or meter without proper authority is a Class 1 civil infraction. (Ord. 02 -3 1; Ord. 93 -34) (Ord. 93 31) 12.10.250 Amendments - Special Rules - Contracts. - - --{ Formatted: Justified, Line spacing: single The City may at any time amend, change or modify any rule, rate or charge, or make any special rule, rate or contract, and all water service is subject to such power. (Ord. 93 -34) ----- Formatted: Left: 0.75 ", Right: 1.19", Bottom: 1.37 ", Section start: Continuous, Col #1 width: Any grievance as to service or 2.49 ", Col #1 spacing: 1.4 ", Col #2 width: 12.10.260 Grievances. 2.5" 12 -10 -11 Code Update: 11/08 TIGARD MUNICIPAL CODE complaints shall be made to the City services policies administrative rules Public Works Director, who shall and supplemental regulations. attempt to resolve the problem. Any Formatted: Left, Indent: First line: 0 ", Space • unresolved grievances as to service or 12.10.320 Enforcement. Before: 14.4 pt J complaints shall be reported and will be considered by the Intergovernmental A. Warning. The City shall send a Water Board at the Board's next letter of warning for each meeting. (Ord. 93 -34) violation of a curtailment restriction if no previous letter 12.10270 - Th•e - P:bac Works of warning has been sent to the Director - And person responsible for the Authorized violation. The letter of Wives warning shall specify the violation, may require . - -{ Formatted: Indent: Left: 0.25 ", First line: 0" compliance measures and shall be served upon the person responsible for the violation. Service may be in person, by (Ord. 93 34) office or substitute service or by certified or registered mail, _ - - -- Formatted: Left, Indent: First line: 0 ", Space 12.10.300 Findings And Declaration return receipt requested. Before: 14.4 pt of A Water Emergency. B. Civil Infraction. After the Upon finding that the municipal person responsible for the water supply is incapable of providing violation has received a an adequate water supply for normal warning letter, any usage due to a drought, system subsequent violation shall be failure or any other event, the City treated as a civil infraction Council may declare a water emergency under Chapter 1.16. (Ord. Ol- and require that water usage must be 15 44) curtailed. The declaration shall include the effective date, the reason for the declaration and the level of prohibition declared. The City Council may include an estimated time for review or revocation of the declaration. (Ord. 01- 15 §2) 12.10.310 Levels Of Prohibition. The City Council may adopt Formatted: Indent: Left: 0 ", Space Before: 9 Pt levels of prohibitions and restrictions for water use as described in the Water Management and Conservation Plan, and utility 12 -10 -12 Code Update: 11/08 TIGARD MUNICIPAL CODE - Formatted: Left, Indent: First line: 0 ", Space 12.10.330 Penalties. Before: 14.4 pt A. First Violation — Warning ,. _ ; , .. . • letter. _ - Formatted: Space Before: 14.4 pt, No bullets A. E - or numbering, Tab stops: Not at 0.37" B. Second Violation of the _ • same type — Class 3 thin :,oction, upon application, thc infraction $50. C. Third violation of the same B. 1 type — Class 2 infraction ... . $100. C. v D. Fourth and subsequent violations of the same type — Class 1 infraction $250. fOrd. 01 -15 451 Tigard "^h Formatted: Left, Space Before: 14.4 pt, No 12.10.340 Water Shut - Off, D. ` f bullets or numbering, Tab stops: Not at 0.37" After the third violation of a curtailment restriction, the Public Works Director may order that the water service to the location where the violation has occurred shall be shut- off or reduced. A shut -off notice shall be posted on the property at least 48 hours prior to the scheduled shut -off or reduction. The shut -off notice shall specify the reasons for the shut -off or Council. reduction. Any person wishing to avoid a shut -off must provide the Public E. T Works Director with evidence that the ht -Intergeyernmental-Water-Bsard- shut -off will create a health or safety risk. All shut -offs imposed under this section shall be temporary, not to . exceed thirty (30) days, provided the (Ord. 93 31) applicable charges are paid prior to - -{ Formatted: Left, Space Before: 14.4 pt reconnection. The reconnection charge and, if applicable, the meter disconnection charge imposed under Water EEnergeney Section 12.03.030 shall be paid before - - - -- Formatted: Left, Indent: First line: 0 ", Space the reconnection. (Ord. 01 -15 46) _ .. Before: 14.4 pt 12 -10 -13 Code Update: 11/08 TIGARD MUNICIPAL CODE due-te-a-dreugh-systent failure or any other event the City Council ma declare a water emergency ------ { Formatted: Left, Space Before: 14.4 pt and-require-that-water-usage-must-he t-tt -, • : ." deelaratien-anfl4he-level-efiarehibitiott .• ••: an-eatifnated-time-fer-review-er • : • t . , • : • . e ! 1442-) ! ! _ • : • • . --- Formatted: Left, Indent: First line: 0", Space Ar•hevel-I—Lintited,The-fallewing- Before: 14.4 pt activities or actions are prohibited under a Level I declaration: Foneatted: Left, Indent: Left: 0", Space Before: 14.4 pt - • • - • - ' ' • " lawn, gratis-er-tui#ekeeptiensi Formatted: Left, Space Before: 14.4 pt, No (a) N bullets or numbering ekv-lawa grass or turf that has been seeded or sodded 90 days prior to declaration of a water shortage may be : t: . ' • t:•.; _---- Formatted: Space Before: 14.4 pt, No bullets (b) H or numbering, Tab stops: Not at 0.37" igh use athletic fields that aFe-tided-fer-eFgal+izeil-Playi -- Formatted: Left, Indent: Left: 0", First line: (e)-if-the-hevel-i-deelaFation-so- 0", Space Before: 14.4 pt provides, a mandatory rotational watering plan may be imposed rather than an Formatted: Indent: Left: 0", Space Before: absolute prohibition 0A_ P watering Formatted: Left, Indent: Left: 0", First line: • • 0", Space Before: 14.4 pt . ' ; : ' • • - • • 12-10-14 Code Update: 11/08 TIGARD MUNICIPAL CODE floweraT-Plants:-shothbery7-grounfl- antl-streandess-the reeirmilated-througii-the-deeeFative froni-649-prm,to-10:00-&ffr: dc-net-include-ecatincoms-er- eaastent Formatted: Left, Space Before: 14.4 pt, Line 3. Washing, wetting down or included:. spacing: Multiple 1.17 li Formatted: Left, Indent: Left: 0", Space sweepmg with water, sidewalks, 6. Wasting water by kavin Before: 14.4 pt unattended-heses-Funaing: ground exceptions: oeiiiieotien-with-een*tfuotion- _---- Formatted: Left, Space Before: 14.4 pt, No projects; exception: (a) bullets or numbering here-there4s-a-demenatFatable-need- •::•: •'-: : in-eFder-te-meet-publie-health-and- water-facilities sefety-requir-ements . ••• •• t:•: . : '; • •:. : ; : : determines should be restricted consistent with a Level pit1 Formatted: Left, Indent: Left: 0", Space control to meet air quality including any restriction o Before: 14.4 pt Fequirements-mandated-hy-the eurtailment-imposed-on-tlie-Gity-by water Formatted: Indent: Left: 0", Space Before: Oregon Department of regulation-or-order, 14.4 pt Environmental Quality; Bl.evel-11--ktederate. The followin!.. , • • • , • . • • . Formatted: Left, Space Before: 14.4 pt, No (b) p a bullets or numbering . • • : . , :.• : homes prior to painting, m . -. remodeling and a solely Fonnatted: Left, Indent: Left: 0", First line: regaraleas r 0", Space Before: 14.4 pt tfaetofs-and-ether--land-whie4es-er-beats- 3. Watering, sprinkling or irrigating or flowers, plants, shrubbery, gfoundeeverrePS Formatted: Left, Indent: Left: 0", Space except by commercial trees. Before: 14.4 pt Formatted: Left, Space Before: 14.4 pt, Line spacing: Multiple 1.1711 : • - • - • • : - : • : _---- Formatted: Left, Indent: Left: 0", Space welfare of the public is Before: 14.4 pt *.- hose exception: contingent upon frequent 12-1 0-1 5 Code Update: 11/08 TIGARD MUNICIPAL CODE vehicle cleaning, such as: to 4. { Formatted: Left, Space Before: 14.4 pt clean garbage trucks and ashing of vehicles other than in vehicles that transport food establishments ---- Formatted: Left, Indent: Left: 0", Space and other perishables, Of 5. p Before: 14.4 pt ower washing of buildings, ---f Formatted: Left, Space Before: 14.4 pt otherwise required by law. regardless of purpose, is prehibited. 0wilefsi-eper-Mer-s-ef-41+ese Formatted: Left, Indent: Left: 0", Space 4-- vehicles are encouraged to Before: 14.4 pt Formatted: Left, Indent: Left: 0", Space Before: 14.4 pt, After: 0 pt 5. Cleaning, filling or maintaining deeecative-watec-features Ratuiel ------ Formatted: Space Before: 14.4 pt, No bullets • • : : • • : : : --- — : - - . !.. - ! or numbering ceufteil-detemiues-should-be-restFieted- \ • Formatted: Left, Indent: Left: 0", First line: 0", Space Before: 14.4 pt eeasisteut A. 1 Formatted: Left: 0.75", Right: 1.19", Top: aftiing,Tite 1.48", Bottom: 1.37", Section start: €,Leve1414—Severe,18-additien-te-the- wafai4ig Continuous, Col #1 width: 2.49", Col #1 spacing: 1.4", Col #2 width: 2.5" cestFietiefis Formatted: Left, Line spacing: Multiple 1.17 li Level II, the City Council may impose letteF Formatted: Left, Space Before: 14.4 pt, No any-othef-restfietion-on-water-use-or- t : : :•. bullets or numbering, Tab stops: Not at 0.37" aetivities-that-twef require-the-fteed-fer- violation, may require compliance . •. .::• may per-sou-responeible-for--the-vialation, eveuts-that-ereate.-a-FislE-ef-ftr-e:-lu- substitute-serviee-er-boertifted-or- cesommended-by-the-Publie4liefks- B. : 1.- • the City. (Ord.01 15 §3) feeek‘ecl—a---Wafffilit—tett-eFrat+y-- 12-10-16 Code Update: 11/08 TIGARD MUNICIPAL CODE 1-2,1 0.330 Penalties. 1.16. (Ord. 01 15 §1) -- Formatted: Space Before: 14.4 pt, Line A • F spacing: Multiple 1.17 li, No bullets or numbering, Tab stops: Not at 0.37" Formatted: Space Before: 14.4 pt, Line spacing: Multiple 1.17 li B. • u Formatted: Space Before: 14.4 pt, No bullets _ • or numbering Cl 3 i f rac ti on $5n C. T 2 i $10n Formatted: Left, Space Before: 14.4 pt, No ` D. F - bullets or numbering, Tab stops: Not at 0.37" (Ord. 01 15 §5) - Formatted: Space Before: 14.4 pt, Line 12.10.310 Water Shut OR spacing: Multiple 1.17 li Formatted: Left, Indent: First line: 0 ", Space Before: 14.4 pt ' S Formatted: Left, Space Before: 14.4 pt 12 -10 -10 Code Update: 11/17 ii TIGARD MUNICIPAL CODE and, if applicable, the meter diseemestien-ehafge-impesd-under Sectien42:03430-shall -betaid-befere the-reeenneetien4Off6011316) Formatted: Space Before: 14.4 pt, Line 12.10.350 Definition. • spacing: Multiple 1.17 Ii Formatted: Indent: First line: 0", Space re: As used in Sections 12.10.180 through • Befo 14.4 pt 12.10.350: Formatted: Left, Indent: First line: 0", Space • Before: 14.4 pt for watering lawns and/or gardens on specific days or at specific times and not on other days or times. A rotational watecifig-plan-may-be-veluntafy-er mandately,(04-041-54-7);J 12-10-10 Code Update: 11/18 Attachment 2 TIGARD MUNICIPAL CODE (Chapter 12.02 SANITARY SEWER AND b. The City Manager or desig has _ -__ -- Comment pLD1]: Is 12.02 to be repealed - is SURFACE WATER the authority to amend administrative rules and this all new? MANAGEMENT, supplemental regulations related to the provisions of utility services as prescribed in Sections: Chapter 12.01.100 Rules and Regulations Applicable to Utility Services Code. The City 12.02.010 Rules and Regulations Manager or designee has the authority to administer Applicable to Sanitary Sewer and Surface the rules and regulations. Changes to any - -- { Comment [LD2]: new ) Water Management Services PolicyTitle.] administrative rules or supplemental regulations, -. { Comment pLD3]: What happened to 12.02.020? ) . or any additional interim rules shall follow all 12.02.030 Purpose.' procedures as described in Chapter 12.01.100. _ _. -- { Comment pLD4]: old 12.02.040Clean Water Services Rules Adopted { Comment []LD5]: old 12.02.050 Use And Operation; Charges Imposed For Use; Appeat { Comment pLD6]: old J Procedures And Enforcement. 12.02.060 Charges, Rates And Fees; Associated Penalties.{ ... _ •. • .. .. • _ _ . .: „ _ _ - { Comment (LD7l: old 12.02.070Pretreatment By Industrial . Users. -- -, - _ , { Comment pL083: old ) 12.02.080Temporary Adoption Of Unified Sewerage Agency Ordinances, Resolutions And The n. -, li t,, _,. *,:_ . _ , ., Orders. - __- _- { Comment pLD91: old ) 12.02.090Immediate Remedial Action Required { Comment [7LD101: old 12.02.100 Penalty. { Comment [7LD11.]: old 12.02.010 Rules and Regulations Applicable to Sanitary Sewer and Surface Water Management Services PolicvTitle. - e' __ . , • . _ , _- . _ • - _ . This chapter shall be known as the "sanitary sewer - • , , - ; , - _ , , - • . . . . . . - a n d surface water management chapter" and may also be referred to as "this chapter." (Ord. 94 -191 . • .. - , •, • { Comment pLD12]: old { II. Adoption of Administrative Rules and Comment pLD13]: new Supplemental Regulations. a. The City Council has the authority to adopt initial administrative rules and , supplemental regulations related to the provisions .. • _ ■:: • : , - of utility services. Such rules and regulations . _ . _ . _. _ • - '. shall be adopted by resolution. 12 -02 -1 Code Update: 10/02 TIGARD MUNICIPAL CODE , -- -- d { Formatted: Condensed by 0.1 pt • .. _, - .... _ Formatted: Right: 0 ", Space Before: 0 pt, - l Line spacing: single The Public Works Directef —will '{ Formatted: Font: Bold, Condensed by 0.1 pt Y _ { Formatted: Left •' , _ , " Formatted: Left, Space Before: 0 pt, No bullets or numbering, Tab stops: Not at 0.36" Formatted: Space Before: 0 pt, Line spacing: rr .. u b s t an ti a 1 o difii ca ti o ., single, No bullets or numbering, Tab stops: �; Not at 0.36" •. .. • . •_ -. .. • ... , . { Formatted: Font: Bold • - . . ..... • _ , { Formatted: Font: Bold, Condensed by 0.1 pt { Formatted: Font: Bold Formatted: Left, Indent: First line: 0 ", Space Before: 0 pt • • - - • 12.02.030 Purpose. ,{ Formatted: Font: Bold, Condensed by 0.1 pt This chapter adopts the ordinance and rules of Clean Water Services that pertain to the operation and use of sanitary and surface water systems and •- ' ! _ = • • to systems development charges. This chapter •• does not regulate the collection of user fees. (Ord., - • - - - • - _•• - • 02 -28, Ord. 94-19) • = 12.02.040 Clean Water Services Rules .• : _ ...: _. -. 2 •. : _ Adopted. Clean Water Services Resolution and Orders No. 3 . I Rues• 91-47 (excluding Chapter 2) as amended, Construction Standards and Regulations • - • • pertaining to the sanitary sewerage and stone and surface water management systems are adopted and shall be in full force and effect as part of this Not more than 30 days after code. (Ord. 02 -28, Ord. 94 -19) 12.02.050 Use And Operation; Charges _ - Imposed For Use; Appeal Procedures And Enforcement. Clean Water Services Ordinance Nos. 26 through 4 -A ll _ erman e n t an d ...,.: mus be 28 as amended are adopted by reference and shall .. • „ •, , _ - „ ! • , • . be in full force and effect as part of this municipal code. (Ord. 02 -28, Ord. 94 -19) 12.02.060 Charges, Rates And Fees; 12 -02 -2 Code Update: 10/02 TIGARD MUNICIPAL CODE Associated Penalties. Clean Water Services Resolution and Order No. 93 -33 as amended is adopted by reference and shall be in full force and effect as part of this municipal code. (Ord. 02 -28, Ord. 94 -19) 12 - - Code Update: 10/02 TIGARD MUNICIPAL CODE 12.02.070 Pretreatment By Industrial Users. (b) A finding of a violation of this Chapter and imposition of a fine pursuant to this code shall Clean Water Services Resolution and Order No. not relieve the responsible party of the duty to 92 -60 as amended is adopted by reference and abate the violation. A civil fine imposed pursuant shall be in full force and effect as part of this to this Section is in addition to and not in lieu of municipal code. (Ord. 02 -28, Ord. 94 -19) any other remedies available to the City. . 12.02.080 Temporary Adoption of Clean (c) If a provision of this Chapter is violated Water Services Ordinances, by a finn or corporation, the officer or officers, or Resolutions And Orders. person or persons responsible for the violation shall be subject to the penalties imposed by this The City Manager, without prior Council Section. approval, may adopt and enforce amendments and revisions to any Ordinances and /or Resolutions (d) A finding of a violation of this Chapter and Orders promulgated by Clean Water Services shall not result in imprisonment, nor shall a jury to be in effect for a period of no longer than trial be available in the adjudication of an ninety days from the date of adoption by the allegation of such violation. Manager. In order for such Ordinances and /or Resolutions and Orders to remain in effect (e) A finding of a violation of this Chapter permanently, the City Council must adopt them shall be a civil infraction pursuant to Tigard prior to the expiration date of the temporary Municipal Code Section 1.16 and may be adoption by the Manager. (Ord. 02 -28, Ord. 94- prosecuted in the Municipal Court of the City. 19) (Ord. 94 -19) • 12.02.090 Immediate Remedial Action Required. If the Code Enforcement Officer determines that there has been a violation of this chapter, or that conditions exist that are likely to result in a violation, the officer may require immediate remedial action by the responsible party. If the Code Enforcement Officer is unable to serve a notice of infraction on the responsible party or, if after such service, the responsible party refuses or is unable to remedy the infraction, the City may proceed to remedy the infraction as provided in Section 1.16.340 of this code. (Ord. 94 -19) 12.02.100 Penalty. (a) Each day that violation of this Chapter is committed or is permitted to continue shall constitute a separate violation. 12 - Code Update: 10/02 Attachment 3 TIGARD MUNICIPAL CODE Chapter 12.03 BILLING AND COLLECTION ' OF UTILITY CHARGES. Sections: — 12.03.020Rates, Charges, Fees, Penalties, Collections. user. (Ord. 02 29) 12.03.030 Rules and Regulations Applicable to Utility 12.03.020 Rates, Charges, Fees, Penalties, Services Billing and Collections. Payment. (a) Clean Water Services Resolution and Order number 95 -34 and Ordinance Number 26,27,28, and 29 as amended are hereby adopted by reference and shall be in full force and effect as OnlyCustomers part of this municipal code. I 03 O500 F A _a p p ncn Charges. _. (b) Collections from utility customers will be applied Adjustments A ..d D...........♦ and -- eltaFges� flteirproportionately among the rest An d - Pa of- charges for servic Agreements. 1 03 n70C A ppea l Process. (c) All Fees and Charges set forth in this -03 8 :8 Be 'Rn.tier.T chapter shall be set by resolution by the Tigard City Council. (Ord. 02 -29) 12.03.030 ProeeduresRules and ' Regulations Applicable to Utility Services Billing and :Payment. 1. Adoption of Administrative Rules and Supplemental Regulations. a. The City Council has the authority '•• - • - t adopt the initial administrative rules and • supplemental regulations related to the provisions of the t4utility Sservices. - -{ Formatted: Indent: Left: 0" 010 a Policies. Such initial rules and regulations shall be adopted by resolution. - {Formatted: Left, Space Before: 12.6 pt 12-03-1 Code Update: 10/02 TIGARD MUNICIPAL CODE b. The Finns andlnformation Setwiess-DiceetetCity Manager or designee has the ' .:: f :. ' • . • _ • . • ... : _ : : • : authority to adopt -- and -amend the administrative -. . - . - . . • . _ • - _ e ' •••• : rules and supplemental regulations related to the provisions of ,.the 13 utility S- services as Direetor- .. - - -{ Formatted: Font: Bold prescribed in Chapter 12.01.100 Rules and Regulations Applicable to Utility • :• . • • • . ... _. Services Code. Bit — and — Payment- Policies. The . ._ .... • .. DireetoiCity Manager or designee has the authority - : : - : • - - , - - - - to administer the rules and regulations.-whethe - • • .... • • Y = : • , ' .. - - - • . _ ... _ _ .. . mad d o dd f th ., to T•i.e Changes to any _ .. administrative rules or supplemental regulations, - . :: • :... • .. •. or any additional interim rules shall follow all procedures as described in Chapter 12.01.100. • • - • • - • • • • • - - Not more than 30 days after o f .. p ru t h e Fi nance an d . . - • .. • • • • ,• - - - --- Formatted: Left, Indent: First line: 0.25 ", No bullets or numbering e Fin nd Infor nation .. ... .. • . • - •• • .. . If a substantial modification is 12 - - Code Update: 10/02 TIGARD MUNICIPAL CODE Y • Y. .` . . _ _. ... •. (d) Shut Off Procedure All accounts • .. _. _. .. . - •.. • .. . - . S . :• . • • .. . . . . _ . _ • .. • _ ... .. _ •_ • . .. _ 1 1 1 (Ord. 02 29) the list: 12.03.040 Delinquency Collection •. - _ n •ee S_ O • Payment A charge will be added-- to —eaeh Gestenter% . Y . • . S (b) Delinquent utility charges -- maybe 12 - - Code Update: 10/02 TIGARD MUNICIPAL CODE .' July 15. • • 12 0•vs850 Oth c...... ♦...a Ch and-S-eFyi-e-es Oncc instnllcd, any cost -s matetials,(Ord,02-29) 12 -03 -4 Code Update: 10/02 TIGARD MUNICIPAL CODE fellewsi .. $500.00 .,1.,.11 be ma th 12.03•0090 /`...,4.......r A.._.....1 D............ 12 -03 -5 Code Update: 10/02 TIGARD MUNICIPAL CODE Director decisions may be appealed to the City the Intergovernmental Water Board. Board decisions arc considered final. (Ord. 02 29, Ord. 96 02). a 12 -03 -6 Code Update: 10/02 Attachment 4 Chapter 12.01 UTILITY SERVICES impervious surface that would contribute RULES AND REGULATIONS. the same amount of runoff to the city's storm and surface water drainage system Sections: as the impervious surface on an average 12.01.010 Definitions. single family residential user. One (1) 12.01.020 City Authority. ESU equals 2,640 square feet of 12.01.030 Power to Grant Variances. impervious surface area or any portion 12.01.040 Amendments. thereof. 12.01.050 Agreements with other Utility Services Providers. Intergover-nfnental Water Board (IWB) is a 12.01.060 Utility User Charge. represe board of five (5) members 12.01.070 Application for Utility and was e stablished through Services. intergoverirnental agreement between the 12.01.080 Responsibility of Property City of Tigard with the City of Durham, Owners and Tenants. 'and City of Kink City, and the Tigard 12.01.090 Violation of Utility Services Water District. Eachyjurisdiction is Code. represen ted by a mem =ber.and one 12.10.100 Rules and Regulations appo at large. The Applicable to Utility Services purp®se of the IWB is to make Code. / recommendations to the Tigard City Council onwater related issues and to 12.10.010 Definitions. , carry out other responsibilities set forth in the "agreement. City shall mean the City of Tigard;, m Managing Authority shall mean the entity City Manager shall mean *the City1MVl�anager -assigned authority to manage, set fees and of the City fgard or the - CitOanager s c = arges, and adopt and enforce policy and designe(OTide 2, Section 2.04) procedures. Clean Water Services is they pecial district Person means any individual, group or with managing:authority for t c San legal entity. Sewer and Surfa Water Management systems within the f it of Tigax Responsible Party means the person boundary. y responsible for curing or remedying a 1 � 4 , violation, and includes the owner of Customer means the person in whose property, or the owner's manager or agent name service is rendered, as evidenced by or other person in control of the property a request for service, receipt of service, on behalf of the owner; person(s) signature on an application for service or occupying the property, including lessee, by receipt and payment of bills for service. tenant or other person having possession; person(s) alleged to have committed the Equivalent Service Unit (ESU) is a unit of acts or omissions, created or allowed the measure of impervious surface. One ESU condition to exist, or placed or is equal to the estimated amount of 12 -02 -1 Code Update: 09/10 transported eroded soil, tampered, or with other municipal corporations and enacted the violation. special districts. The City collects fees and charges associated with water service to Surface Water Management System means the Tigard Water Service Area and fees all natural and man -made facilities utilized and charges associated with City services by the Surface Water Utility to regulate the and sewer for portions of the city which quantity and quality of surface water, are provided water service by Tualatin including drainage easements, culverts, Valley Water District (TVWD). storm drains, catch basins, stream fk+/f 6 Y ' P . corridors, rivers, ponds, wetlands and All City provisions, rules, regulations, impoundments. standars, fees, and charges regarding water utility services provided by the City Tigard Water Service Area (TWSA) shall as° maanagir= g authority shall apply to the mean the territory within the boundaries 4.'4' igard Water Sevice Area. The City of City of Durham, City of King City, Manager or designee shall have the Tigard Water District and the portion of y,, authority to establishwritten policies to the City of Tigard not served by Tualatin '4%/inform and enforce provisions, rules, Valley Water District (TVWD). regula1io.. s, standards, fees and charges as adopted by City Council. Water Unit is a measure of one hundred' ,,. (100) cubic feet of volume of water, often 12.01.030Power To Grant Variances. referred to as 100 CCF and. equals 748 gallons of water use. 'r ! a ° 'The4 C ouncil authorizes the power to grant variances related to utility services as Utility means sewer, water and surface follows: water management services ided by the City ofTig ;4 1. The City Manager or designee shall have the power to waive water utility fees Utility Wale means the c o , mbined eater, ` and charges up to an amount adopted by sewer and surface water management resolution by the City Council and service rates imposed pursuant to this Intergovernmental Water Board. section. 2. The City Manager or designee is 12.01.020 City Auth authorized to make leak adjustment credit ''C; , ; ..t or waiver of fee determinations based on The sewer and surface water management City policy and all decisions are considered utility systems, and other services within final. (Ord. 02 -29, Ord. 96 -02, TMC the City limits including all connections 12.03) and contributions to the utility systems, are under the exclusive control of the City. The City also is the managing authority to 3. The Intergovernmental Water provide water service to the Tigard Water Board may grant variances from the water Service Area by adoption of system rules and regulations enacted by intergovernmental cooperative agreement the City of Tigard when it finds that: 1) 12 -02 -2 Code Update: 09110 strict application of the rules and regulations create undue economic hardship for the applicant with no significant benefit to the water system; 2) 3. Provision of utility services within the variance requested has no material the City limits by any other municipal adverse effect upon the water system and corporation, special district or utility it is consistent with established policies of company. the Tigard City Council. 12.01.060 Public Works Utilities Fees and Charges Schedule. 4. The Intergovernmental Water Board may not grant variances relating to 3 % 4iblic Works Utilit fees and annexation of property, fire protection charges shall be applied to all persons who requirements, cross- connection use property in a manner which requires requirements, fees, rates and charges. C ity utility facilittis or services. The Public (Ord. 93 -34) Works utility fees anfr charges shall consist of the following th ree do ponent charges: 12.01.040 Amendments. 'The water ,utility user "customer charge ", c , the sa =nitary sewer service Base and Use The City may at any time amend, char e / charge and the "storm and surface water" or modify any rule, rate or charge, or�iake*� service charge and surcharge. If a any special rule, rate or contract, and ally �oustomer does not put property to a use water service is subject t ®,such power. which,;equires one or more of the (Ord. 93 -34) c�omponenu utility facilities or services, the customer shall not be charged for such 12.01.050 Agreements wi th Other � component utility service. Uti-lit � Service Provi wit' ders � ty` � y 4: ,,40,100 , ''' 4 00 , ,,,i , 'i*- 'k,--,,,,,,,, ' 2. Public Works Utilities fees and charges The City may provide utility service to or shall be established by resolution of the receive qty service from many other utility City Council in an amount reasonable and services prow, ers pursuant agreement necessary to fund the administration, authorized by the City Councils Such planning, design, construction, water agreements may include, but are�riot quality programming, operation, limited to: maintenance and repair of the City's utility e , ..1 systems. The component utility charges 1. Sale or purchase of surplus water shall be based on use of the component to or from any other municipal utility service, determined as follows: corporation, special district or utility company. a. Water Usage Charges shall be based on the amount of water used by the 2. Sale or purchase of treatment customer as indicated by a water meter services to or from any other municipal and /or the cost of providing water service corporation, special district or utility to a structure. company. 12 -02 -3 Code Update: 09/ 10 b. Sanitary Sewer Service base and rates as listed in the City of Tigard Fees use charges shall be based a customer's and Charges Schedule. average water use during three applicable winter billing cycles. The rationale for this 12.01.070 Application for Utility method of calculating sewer use is that Service. water is used primarily for in house purposes in the winter and is thus Application to use the City utility system discharged in an equivalent amount into shall be made to the City Finance / the City's sanitary sewer system. If no Information Department. The application average water charge is available for a shall be made in such form as may be particular account, the sewer utility user required�:by the City. The City may require charge shall be based upon an estimated such appliccation to be in writing, or may equivalent until such time as average water allow i Lion by telephone or other use can be determined. If actual average ethod. All pe sons receiving utility water use is lower than the estimated service but for wh ®m no account exists to equivalent, the customer shall be entitled pay for such services;shall be deemed to to a refund of the amount charged in fi b e applicants for such se rice and shall be excess of actual average water use. billed foar s ch service. • c. Storm and Surface Water service Water' Service within the Tigard Water and surcharge fees shall be based uponthe 4 Service Area will be furnished for ordinary amount of impervious surface used by a-, domestic, business and community customer. Owners or4occupants of - rposes, and protection only. No undeveloped property shall not be, water service w be provided for the charged. Each customer using a location ,� direct operation of steam boilers, for single family residential shall be . ` machinery or golf courses, except on an � � ice,. ' < chargedfo 3,rate based � upon basis, and the City will e for containing One equivalent service unit ��. assume no responsibility therein. ESU �TT�le char all other (- ) ti.• charge y p arcels shall be based upon the to ��o3f 12.01.080 Responsibilities of Property measured i surfac divided Owners and Tenants. by one ESU ana, to thenearest whole number. Th = a service charge Owners of property served by City utility shall be computed by .multipl =y ng the facilities that are not the customer shall amount of ESUs measured each use by not be responsible for any delinquent the rate established for each ESU. utility charges which the customer fails to pay. If water service is terminated because of delinquent non - payment, and the 3. Street Maintenance Fees shall be customer vacates the premises leaving an billed and collected during the same billing outstanding bill, service shall be restored frequency as other utility fees and charges. at the request of the property owner or These fees are adopted by Council and are new tenant without requiring the property based on residential and non - residential owner or new tenant to pay the outstanding bill. 12 - - Code Update: 09/10 A customer who is a tenant shall continue 3. Tampering. to be responsible for delinquent utility charges until paid regardless of relocation No unauthorized person shall tamper to a premise different from the premise at with, alter, or damage any part of the City which the delinquent charges were utility system, reservoir system, pumping accrued. The City may refuse to provide station, surface water management system, service to such tenant at any new address, metering facilities, open or close any fire may add the delinquent charge to the hydrant or service line. No person shall tenant's utility bill, and /or may terminate alter the utility service in a manner which water service until the delinquent bill is would all w service to more than one paid. The City may also pursue any action houshold..without applying for service available under the laws of the City or anti with this Code. The State of Oregon to recover payment. , Council may esablish a tampering fine by re solution forviolation of this provision. 3 This fine may be included in the utility bill. 12.01.090 Violation of Utility Services Failure to °pay that fine Can result in Code. d isconti=nu"ance of service* 1. Waste ' .., 4 p , - Surface Water -Sewer Connection P ohibited. No customer shall cause or permit `;• water to run or be discharge,d",through the = ' A 4,4 ' o person shall attach or fixtures, pipes or faucets on the ustomer m aint a in an existing attachment of a of Nir p remises in excess e q uanti ;t t storm water sewer, surface water necessary for domestic, i oth er drainage or storm drain to the City's permitted e. ,u uses . under this ede. " sewage disposal system. The City may ,,,-#7' W " " condition approval of development, 2. ''Damage. building or occupancy permits or �„ business licenses on removal of the No person lit_ shall willfully or�mahciou�sly connection. damage or in any manner interfere with or remove any of the p ipes, valy' back flow B. No person shall attach or prevention devices meters lock seals ? , , maintain an existing attachment of a surface water managementsystems or sanitary sewer or wastewater pipe or other property belonging to the City or drainage to the City's surface water used in connection with the City utility management system. The City may system. Any person violating this section condition approval of development, shall be charged for all costs associated building or occupancy permits or with repairing any such damage or business licenses on removal of the interference, plus any penalty. This charge connection. may be added to the utility bill. Failure to 5. Disposal of Septic Waste into City pay such repair charges shall be a basis for discontinuance of service. System Prohibited. 12 - - Code Update: 09/ 10 No person shall dump or discharge Applicable to Chapter 12 septic tank waste in the City sewer system. Utility Services Code. 6. Prohibited Conduct. 1. Adoption of Administrative Rules and Supplemental Regulations pertaining A. No person shall dump or to all sections of Chapter 12 — Utilities discharge debris, soil, and pollutants such Services Code. as fuels, lubricants, bitumen, sewage, paint and other harmful or hazardous materials a. The City Council has the into the surface water management authority to adopt the initial administrative system. ,' rules �and,,supplemental regulations related B. No person shall discharge to',%the priOions of the Utility Services "P , olicies. Such initial rules and regulations place, deposit, dump or otherwise � � z contribute a solid or liquid material into , , shall be adopted. b, esolution. the public surface water system, either" It directly or indirectly, which may obstruct b. The City tanager or designee flow or otherwise interfere with the has ,- the)? authority tq% amend the operation or function of the public surface a dmire strative rules and supplemental water management facility. This shall, regulations related to the provisions of include, but is not limited to, placing o f ,"the Utility Services Policies. The City � M er or�desi ee has the authority to rock or soil without an approved fill g gn ry � the rules and regulations permit, or the dumping o`�f�debris rubbish, � g trash or other waste. aterial whether adopted by the City Council or by �; the City Manager under interim permanent rules subsequent to the procedures. Rules subse C. Violation of.t�his scc�tton p q punishable by a fie'of not more than `s 4 nitial rules adopted by City Council will $5,000olation o �thts section a second z b adopted according to the procedures or subsequent time within a''' "' in this section. period is p nishable by a fine o f not l ess 500 and not more th 2. Permanent Administrative Rules than S1,500 - and Supplemental Regulations. u 7. Code Violation Civil Violation. Prior to the adoption of a permanent administrative rule or In addition to the oth enalties supplemental regulation, the City provided by this Code and State law, a violation of any requirement of the Utility Manager or designee Utility will: Code shall be a civil violation pursuant to a. Publish a notice in a Tigard Municipal Code 1.16 and may be newspaper of general circulation in the City. prosecuted in the Municipal Court of the The notice must be published not less City of Tigard. (Ord. 94 -19) than 14 days before the deadline for receipt of comments. The notice shall 12.10.100 Administrative Rules and provide a brief description of the subjects Supplemental Regulations covered by the proposed administrative 12 -02 -6 Code Update: 09/ 10 rule or supplemental regulation; the final proposed rule or regulation shall be final date for acceptance o written comments; and effective upon passage. the location to submit comments and the location where copies of the full set of 3. Interim Rules. the proposed rules may be obtained. a. Interim administrative rules b. The City Manager or designee or supplemental regulations will be will receive written comments regarding effective for a period of not longer than the proposed administrative rule or 180 days. supplemental regulation. The City Manager or designee will take into consideration the /b. Not more than 30 days written comments received and may either afte-rtad Lion of an interim adopt, modify or reject the proposed a dip r - i istrati e rule or supplemental administrative rule or supplemental reegulation, p ubli c notice of the inter regulation. rule or regulation %must be published in a x , , newspaper of generalcirculation in the c. If a substantial City. Such‘notice mu entify the location modification is made to the ro osed p P f at whicll' of the full sea of the administrative rule or supple interim dministrative rules or regulation, the City Manager or designee s supplemental regulations may be obtained. may adopt the modification as an interim administrative rule or supplemental 4 Al'l permanent and interim regulation, or provideadd nonal pub% 4 ru les and supplemental comments prior to adoption. regulatonmust be filed in the office of the City Manager or designee. (Ord. 09 -05 d. Unless Othwise oiled, all administrate; e rules or' supplemental /i regulations -will beds" fe tiveo" the 1 ; :y, day afteidoption by the -City Manager o designee , unless a written prost is received by the -City Managero r designee. _ r e. If written pro t of the proposed administrative rule or supplemental regulation received by the City Manager or des on or before the fourteenth day after adoption, the City Manager or designee shall refer the administrative rule or supplemental regulation to the City Council for a public hearing. The Council may adopt, modify or reject the rule or regulation. The Council's decision on the contents of the 12 - - Code Update: 09/10 Attachment 5 TIGARD MUNICIPAL CODE Chapter 12.02 SANITARY SEWER AND of utility services. Such rules and regulations SURFACE WATER shall be adopted by resolution. MANAGEMENT. b. The City Manager or designee has Sections: the authority to amend administrative rules and supplemental regulations related to the provisions 12.02.010 Rules and Regulations of utility services as prescribed in Applicable to Sanitary Sewer Chapter 12.01.100 Rules and Regulations and Surface Water Applicable to Utility Services Code. The City Management Services Policy. Manager or designee has the authority to administer 12.02.030 Purpose. the rules and regulations. Changes to any 12.02.040 Clean Water Services Rules administrative rules or supplemental regulations, Adopted. or any additional interim rules shall follow all 12.02.050 Use And Operation; Charges procedures as described in Chapter 12.01.100. Imposed For Use; Appeal Procedures And Enforcement. 12.02.030 Purpose. 12.02.060 Charges, Rates And Fees; Associated Penalties. This chapter adopts the ordinance and rules of 12.02.070 Pretreatment By Industrial Clean Water Services that pertain to the operation Users. and use of sanitary and surface water systems and 12.02.080 Temporary Adoption Of to systems development charges. This chapter Unified Sewerage Agency does not regulate the collection of user fees. (Ord., Ordinances, Resolutions 02 -28, Ord. 94 -19) And Orders. 12.02.090 Immediate Remedial Action 12.02.040 Clean Water Services Rules Required. Adopted. 12.02.100 Penalty. Clean Water Services Resolution and Orders No. 91 -47 (excluding Chapter 2) as amended, 12.02.010 Rules and Regulations Construction Standards and Regulations Applicable to Sanitary pertaining to the sanitary sewerage and storm and Sewer and Surface Water surface water management systems are adopted Management Services and shall be in full force and effect as part of this Policy. code. (Ord. 02 -28, Ord. 94 -19) This chapter shall be known as the "sanitary sewer and surface water management chapter" and may 12.02.050 Use And Operation; Charges also be referred to as "this chapter." (Ord. 94 -19). Imposed For Use; Appeal Procedures And Enforcement. 1. Adoption of Administrative Rules and Supplemental Regulations. Clean Water Services Ordinance Nos. 26 through 28 as amended are adopted by reference and shall a. The City Council has the authority be in full force and effect as part of this municipal to adopt initial administrative rules and code. (Ord. 02 -28, Ord. 94 -19) supplemental regulations related to the provisions 12 -02 -1 Code Update: 09/10 TIGARD MUNICIPAL CODE 12.02.060 Charges, Rates And Fees; proceed to remedy the infraction as provided in Associated Penalties. Section 1.16.340 of this code. (Ord. 94 -19) Clean Water Services Resolution and Order No. 93 -33 as amended is adopted by reference and shall be in full force and effect as part of this 12.02.100 Penalty. municipal code. (Ord. 02 -28, Ord. 94 -19) (a) Each day that violation of this Chapter is committed or is permitted to continue shall 12.02.070 Pretreatment By Industrial constitute a separate violation. Users. (b) A finding of a violation of this Chapter Clean Water Services Resolution and Order No. and imposition of a fine pursuant to this code shall 92 -60 as amended is adopted by reference and not relieve the responsible party of the duty to shall be in full force and effect as part of this abate the violation. A civil fine imposed pursuant municipal code. (Ord. 02 -28, Ord. 94 -19) to this Section is in addition to and not in lieu of any other remedies available to the City. 12.02.080 Temporary Adoption of Clean Water Services Ordinances, (c) If a provision of this Chapter is violated Resolutions And Orders. by a firm or corporation, the officer or officers, or person or persons responsible for the violation The City Manager, without prior Council shall be subject to the penalties imposed by this approval, may adopt and enforce amendments and Section. revisions to any Ordinances and /or Resolutions and Orders promulgated by Clean Water Services (d) A finding of a violation of this Chapter to be in effect for a period of no longer than shall not result in imprisonment, nor shall a jury ninety days from the date of adoption by the trial be available in the adjudication of an Manager. In order for such Ordinances and /or allegation of such violation. Resolutions and Orders to remain in effect permanently, the City Council must adopt them (e) A finding of a violation of this Chapter prior to the expiration date of the temporary shall be a civil infraction pursuant to Tigard adoption by the Manager. (Ord. 02 -28, Ord. 94- Municipal Code Section 1.16 and may be 19) prosecuted in the Municipal Court of the City. (Ord. 94 - 19) • 12.02.090 Immediate Remedial Action Required. If the Code Enforcement Officer determines that there has been a violation of this chapter, or that conditions exist that are likely to result in a violation, the officer may require immediate remedial action by the responsible party. If the Code Enforcement Officer is unable to serve a notice of infraction on the responsible party or, if after such service, the responsible party refuses or is unable to remedy the infraction, the City may 12 -02 -2 Code Update: 09/10 Attachment 6 TIGARD MUNICIPAL CODE Chapter 12.03 BILLING AND COLLECTION supplemental regulations related to the provisions OF UTILITY CHARGES. of the utility services as prescribed in Chapter 12.01.100 Rules and Regulations Sections: Applicable to Utility Services Code. The City Manager or designee has the authority to administer the rules and regulations. Changes to 12.03.020 Rates, Charges, Fees, Penalties, any administrative rules or supplemental Collections. regulations, or any additional interim rules shall follow all procedures as described in Chapter 12.03.030 Rules and Regulations 12.01.100. Applicable to Utility Services Billing and Payment. 12.03.020 Rates, Charges, Fees, Penalties, Collections. (a) Clean Water Services Resolution and Order number 95 -34 and Ordinance Number 26,27,28, and 29 as amended are hereby adopted by reference and shall be in full force and effect as part of this municipal code. (b) Collections from utility customers will be applied proportionately among the charges for services. (c) All Fees and Charges set forth in this chapter shall be set by resolution by the Tigard City Council. (Ord. 02 -29) 12.03.030 Rules and Regulations Applicable to Utility Services Billing and Payment. 1. Adoption of Administrative Rules and Supplemental Regulations. a. The City Council has the authority to adopt the initial administrative rules and supplemental regulations related to the provisions of the utility services. Such initial rules and regulations shall be adopted by resolution. b. The City Manager or designee has the authority to amend the administrative rules and 12 -03 -1 Code Update: 10/02 Attachment 7 TIGARD MUNICIPAL CODE Chapter 12.10 WATER SYSTEM RULES 12.10.010 Rules and Regulations AND REGULATIONS. Applicable to Utility Services. Sections: 1. Adoption of Administrative Rules 12.10.010 Rules and Regulations and Supplemental Regulations. Applicable to Water Utility Services Policy. a. The City Council has the 12.10.020 Use Of Water. authority to adopt initial administrative 12.10.030 Service Size. rules and supplemental regulations 12.10.040 Separate Connection. related to the provisions of utility 12.10.050 Furnishing Water. services. Such rules and regulations 12.10.060 Service Pipe Standard and shall be adopted by resolution. Maintenance. 12.10.080 Jurisdiction. b. The City Manager or 12.10.090 Waste - Plumbing — Inspection. designee has the authority to amend 12.10.100 Physical Connections With administrative rules and supplemental Other Water Supplies Or regulations related to the provisions of Systems. utility services as prescribed in 12.10.110 Cross Connection Control Chapter 12.01.100 Rules and Program. Regulations Applicable to Utility 12.10.120 Payment - Delinquency. Services Code. The City Manager or (Repealed By Ord. 96 -02). designee has the authority to administer 12.10.130 Water Rates. the rules and regulations. Changes to 12.10.150 Interrupted Service — Changes any administrative rules or supplemental In Pressure. regulations, or any additional interim 12.10.160 Service Connection rules shall follow all procedures as Maintenance. described in Chapter 12.01.100. 12.10.180 Limitation On The Use Of Water. 12.10.020 Use Of Water. 12.10.220 Fire Hydrants. 12.10.230 Fire Hydrant - Temporary Use. Water will be furnished for 12.10.240 Illegal Use Of Fire Hydrant Or ordinary domestic, business and Meter. community purposes, and fire protection 12.10.250 Amendments - Special Rules - only. No water will be furnished for Contracts. the direct operation of steam 12.10.260 Grievances. boilers, machinery or golf courses, 12.10.300 Findings And Declaration Of A except on an interruptible basis, and the Water Emergency. City will assume no responsibility 12.10.310 Levels Of Prohibition. therein. (Ord. 93 -34) 12.10.320 Enforcement. 12.10.330 Penalties. 12.10.030 Service Size. 12.10.340 Water Shut -Off. Upon the application for single new water service, and payment of all charges, 12 - 10 - 10 Code Update: 11/1 TIGARD MUNICIPAL CODE the City will install a service connection and meter extensions will be made by the City or of such size and location as approved by the by those expressly authorized by the Public Works Department. Meter and water City. service piping shall be sized using the fixture count method as described in the State of Consideration will be given to the Oregon Uniform Plumbing Code. The minimum City's ability to serve and to eligibility size of any water meter, which connects to the for annexation to the City of the city water system, shall be five- eights /three- property to be served. The City may fourths inch diameter. contract with other governmental entities for the provision of water. The terms of In new subdivisions, the City requires the service will be defined by agreement installation of water mains, valves, fire hydrants, and consistent with the terms of this water services, and any other water related Chapter. (Ord. 93 -34) appurtenances by the developer as a part of improvements. All improvements and 12.10.060 Service Pipe Standard installations shall be in accordance of the Public and Maintenance. Improvement Design Standards. (Ord. 02 -31; Ord. 93-34) Service pipes of all sizes, within or without the premises, whether for domestic, commercial, or fire 12.10.040 Separate Connection. protection purposes, must be materials, A separate service connection will be quality, class, and size as specified by p the state plumbing code, Public required for each dwelling, apartment or motel, Improvement Design Standards, or place of business, and institution. All outlying regulations of the City. buildings and premises used as a part of such dwelling place or business or institution may be The service pipe within the premises served from such connection, as well as all and throughout its entire length to the buildings on such premises operated under the one water meter or to the property line if the management. The City shall prescribe the number water meter is set behind the property of buildings to be served from one meter and such line, must be kept in repair and protected determination shall be final. (Ord. 02 -31; Ord. from freezing at the expense of the 93 -34) customer, lessee, or agent, who shall be responsible for all damages 12.10.050 Furnishing Water. resulting from leaks or breaks. (Ord. 02- 31; Ord. 93 -34) The City shall not be obligated to furnish and install, at its expense, system facilities for all 12.10.080 Jurisdiction Of Water property within the City. The City shall, so far as reasonable, practicable, and within its financial System. means provide adequate source of supply, primary transmission mains, storage facilities and The operation and repair of the other improvements necessary to make water City's water system, including pipes, service generally available to all areas within the valves, pumps, storage reservoirs, City. Extensions to furnish water to areas not fixtures, etc. is the complete now served by the City will be made at the responsibility of the City Public Works expense of those persons requesting service. Such Department. No plumber, contractor, or 12 -10 -10 Code Update: 11/2 TIGARD MUNICIPAL CODE other person will be allowed to connect to or an emergency exists or the Public Works operate any part of the City's water system up to Director or authorized representative and including the water meter. (Ord. 02 -31; Ord. exhibits a warrant authorizing entry. 93- 34) (Ord. 93 -34) 12.10.090 Water Waste Inspection. 12.10.110 Cross Connection Control Program. Water will not be furnished to premises where it is allowed to run or waste to prevent The City maintains a cross freezing or through defective plumbing or connection control program to protect the otherwise. All plumbing shall be i n public water supply from contamination conformance with the appropriate codes of or pollution from potential cross the jurisdiction issuing the building permit. (Ord. connections; and to assure that approved 93 -34) backflow prevention assemblies or devices are tested and/or inspected annually. 12.10.100 Physical Connections With Other Water Supplies Or The policies, procedures, and Systems. criteria for determining appropriate levels of protection shall be in Neither cross connections nor physical accordance with the Accepted Procedure connections of any kind shall be made to any and Practice in Cross Connection other water supply, whether private or public, Control Manual, American Water without the written consent and approval of the Works Association, Pacific Northwest City Council, and the written approval of the Section, current edition (OR Admin. Oregon Department of Human Services. Included Rules, Ch. 333-61.070). in this category are all pipe lines, appurtenances and facilities of the City system and all pipes, 12.10.120 Payment - Delinquency. appurtenances, pumps, tanks, storage reservoirs, (Repealed by Ord. 96- facilities, equipment, appliances, etc., of other 02). systems whether located within or on public or private property, or the premises of a water (Repealed by Ord. 96 -02, Ord. 96- customer. 02; Ord. 93 -34) Any such connection shall be removed by the 12.10.130 Water Rates. customer within ten days after written notice to remove is given by the City. If not removed All rates, fees and charges shall be within the time specified, the City may remove or set by resolution of the City Council. discontinue service to any connection which it may (Ord. 93- 34) have water service to the property. 12.10.150 Interrupted Service — No person shall interfere with or attempt to Changes In Pressure. prevent the Public Works Director or other authorized representative from entering upon The water may be shut off at any private premises and inspecting the property when time for repairs or other necessary work with or without notice. Conditions may 12 - 10 - 10 Code Update: 11/3 TIGARD MUNICIPAL CODE cause a variation of the water pressure. The City 12.10.220 Fire Hydrants. will not be responsible for any damage caused by Repealed by Ord. 02 -31. (Ord. 93- interruption of service or varying pressure. (Ord. 34) 93 -34) 12.10.160 Service Connection 12.10.230 Fire Hydrant - Temporary Use. Maintenance. Any person who desires to use a fire The City will maintain all standard service hydrant for temporary water connections in good repair without expense to the supply must obtain permission of customers. Each customer is required to use the City. The charge for reasonable care and diligence to protect the water temporary use shall be set by meter and meter box from loss or damage by resolution of the City Council. freezing, hot water, traffic hazards, and other Customer is responsible for causes, in default of which, such customer shall repair and /or replacement of pay to the City the full amount of the resulting damaged meter. (Ord. 93.34) damage. 12.10.240 Illegal Use Of Fire Each customer is required to maintain Hydrant Or Meter. vegetation and other obstruction free zones around water meters, fire hydrants or other water Connection to a fire hydrant or meter appurtenances. The City shall have no liability without proper authority is a Class 1 for trimming of maintaining vegetation in order civil infraction. (Ord. 02 -3 1; Ord. 93- to access water meters, fire hydrants, or other 34) water appurtenances. (Ord. 02 -31; Ord. 93 -34) 12.10.250 Amendments - 12.10.180 Limitation On The Use Of Special Rules - Water. Contracts. Limitation on the use of water as to hours, The City may at any time amend, purpose, or manner may be prescribed from time to change or modify any rule, rate or time by order of the City Public Works Director, charge, or make any special rule, rate or based on a finding that the limitation is reasonable contract, and all water service is subject given the available and projected water supply and to such power. (Ord. 93 -34) demand. Any order under this section shall be reviewed by City Council at its next session 12.10.260 Grievances. following issuance of the order. The City Council may affirm, withdraw or amend the order. Any grievance as to service or complaints shall be made to the City The City Public Works Director, the City Public Works Director, who shall Manager or the City Council may call for attempt to resolve the problem. Any voluntary reductions in water use. (Ord. 01 -15 unresolved grievances as to service or §1, Ord. 93 -34) complaints shall be reported and will be considered by the Intergovernmental Water Board at the Board's next meeting. (Ord. 93 -34) 12 -10 -10 Code Update. 11/4 TIGARD MUNICIPAL CODE 12.10.300 Findings And Declaration of A Water Emergency. 12.10.330 Penalties. Upon finding that the municipal water A. First Violation — Warning supply is incapable of providing an adequate letter. water supply for normal usage due to a drought, system B. Second Violation of the failure or any other event, the City Council may same type — Class 3 declare a water emergency and require that water infraction $50. usage must be curtailed. The declaration shall include the effective date, the reason for the C. Third violation of the same declaration and the level of prohibition declared. type — Class 2 infraction $100. The City Council may include an estimated time for review or revocation of the declaration. (Ord. D. Fourth and subsequent 01 -15 §2) violations of the same type — Class 1 infraction $250. (Ord. 12.10.310 Levels Of Prohibition. 01 -15 §5) The City Council may adopt levels of 12.10.340 Water Shut -Off. prohibitions and restrictions for water use as described in the Water Management and After the third violation of a Conservation Plan, and utility services curtailment restriction, the Public Works policies administrative rules and Director may order that the water supplemental regulations. service to the location where the violation has occurred shall be shut - 12.10.320 Enforcement. off or reduced. A shut -off notice shall be posted on the property at least 48 hours A. Warning. The City shall send a letter of prior to the scheduled shut -off or warning for each violation of a reduction. The shut -off notice shall curtailment restriction if no previous specify the reasons for the shut -off or letter of warning has been sent to the reduction. Any person wishing to avoid person responsible for the violation. a shut -off must provide the Public The letter of warning shall specify the Works Director with evidence that the violation, may require compliance shut -off will create a health or safety measures and shall be served upon the risk. person responsible for the violation. Service may be in person, by office or All shut -offs imposed under this substitute service or by certified or section shall be temporary, not to registered mail, return receipt requested. exceed thirty (30) days, provided the applicable charges are paid prior to B. Civil Infraction. After the person reconnection. The reconnection charge responsible for the violation has and, if applicable, the meter received a warning letter, any disconnection charge imposed under subsequent violation shall be treated as Section 12.03.030 shall be paid before a civil infraction under Chapter 1.16. the reconnection. (Ord. 01 -15 §6) (Ord. 01 -15 §4) 12 -10 -10 Code Update: 11/5 Attachment 8 = Utility Services Administrative Rules TIGARD and Supplemental Regulations General Utility Services Practices and Procedures Effective XX- 1X -XXXX The sewer and surface water management utility systems, and other services within the City limits including all connections and contributions to the utility systems, are under the exclusive control of the City. The City also is the managing authority to provide water service to the Tigard Water Service Area by adoption of an intergovernmental cooperative agreement with other municipal corporations and special districts. The City collects fees and charges associated with water service to the Tigard Water Service Area and fees and charges associated with City services and sewer for portions of the city which are provided water service by Tualatin Valley Water District (1'VWD). All City provisions, rules, regulations, standards, fees, and charges regarding water utility services provided by the City as managing authority shall apply to the Tigard Water Service Area. The City Manager or designee shall have the authority to establish written practices and procedures to inform and enforce • provisions, rules, regulations, standards, fees, and charges as adopted by City Council. Definitions The following definitions are used within the Utility Services practices and procedures. • City shall mean the City of Tigard • City Manager shall mean the City Manager of the City of Tigard or the City Manager's designee (Title 2, Section 2.04) • Clean Water Services is the special district with managing authority for the Sanitary Sewer and Surface Water Management systems within the City of Tigard boundary. • Customer means the person in whose name service is rendered, as evidenced by a request for service, receipt of service, signature on an application for service or by receipt and payment of bills for service. • Equivalent Service Unit (ESU) is a unit of measure of impervious surface. One ESU is equal to the estimated amount of impervious surface that would contribute the same amount of runoff to the city's storm and surface water drainage system as the impervious surface on an average single family residential user. One (1) ESU equals 2,640 square feet of impervious surface area or any portion thereof. • Intergovernmental Water Board (IWB) is a representative board of five (5) members and constituting the Tigard Water Service Area and was established through intergovernmental agreement between the City of Tigard with the City of Durham, and City of King City, and the Tigard Water District. Each jurisdiction is represented by a member and one member is appointed at large. The purpose of the IWB is to make recommendations to the Tigard City Council on water related issues and to carry out other responsibilities as set forth in the intergovernmental agreement. • Managing Authority shall mean the entity assigned authority to manage, set fees and charges, and adopt and enforce practices and procedures. The Cite of Tigard is the rater Provider for the Tigard Water Service. Providing a clean, safe, dependable supply of drinking water to the residents in Durham, K'ng City, Tigard and Tigard Water District. • Person means any individual, group or legal entity. • Responsible Party means the person responsible for curing or remedying a violation, and includes the owner of property, or the owner's manager or agent or other person in control of the property on behalf of the owner; person(s) occupying the property, including lessee, tenant or other person having possession; person(s) alleged to have committed the acts or omissions, created or allowed the condition to exist, or placed or transported eroded soil, tampered, or enacted the violation. • Surface Water Management System means all natural and man -made facilities utilized by the Surface Water Utility to regulate the quantity and quality of surface water, including drainage easements, culverts, storm drains, catch basins, stream corridors, rivers, ponds, wetlands and impoundments. • Tigard Water Service Area (TWSA) shall mean the territory within the boundaries of City of Durham, City of King City, Tigard Water District and the portion of the City of Tigard not served by Tualatin Valley Water District (TVWD). • Water Unit is a measure of one hundred (100) cubic feet of volume of water, often referred to as 100 CCF and equals 748 gallons of water use. • Utility means sewer, water and surface water management services provided by the City of Tigard. • Utility rate means the combined water, sewer and surface water management service rates imposed pursuant to this section. Power to Grant Variances The City Council authorizes the power to grant variances related to utility services as follows: 1. The City Manager or designee shall have the power to waive utility fees and charges up to an amount adopted by resolution by the City Council and Intergovernmental Water Board. 2. The City Manager or designee is authorized to make leak adjustment credit or waiver of fee determinations based on City practices and procedures and all decisions are considered final. (Ord. 02 -29, Ord. 96 -02, TMC 12.03) 3. The Intergovernmental Water Board may grant variances from the water system rules and regulations enacted by the City of Tigard when it folds that: 1) strict application of the rules and regulations create undue economic hardship for the applicant with no significant benefit to the water system; 2) the variance requested has no material adverse effect upon the water system and it is . consistent with established practices and procedures of the Tigard City Council. 4. The Intergovernmental Water Board may not grant variances relating to annexation of property, fire protection requirements, cross - connection requirements, fees, rates and charges. (Ord. 93 -34) Amendments The City may at any time amend, change or modify any rule, rate or charge, or make any special rule, rate or contract, and all water service is subject to such power. (Ord. 93 -34) Agreements with Other Utility Service Providers The City may provide utility service to or receive utility service from any other utility services providers pursuant to agreement authorized by the City Council. Such agreements may include, but are not limited to: 1. Sale of purchase of surplus water to or from any other municipal corporation, special district or utility company. 2. Sale or purchase of treatment services to or from any other municipal corporation, special district or utility company. 3. Provision of utility services within the City limits by any other municipal corporation, special district or utility company. The of Tigard is the Water Provider for the Tigard Water Service. Providing a clean, safe, dependable supply of drinking water to the residents in Durham, King CiO Tigard and Tigard Water District. Public Works Utilities Fees and Charges 1. Public Works Utilities fees and charges shall be applied to all persons who use property in a manner which requires City utility facilities or services. The Public Works Utilities fees and charges shall consist of the following three component charges: The water utility user "customer charge ", the "Sanitary Sewer Service" Base and Use charge, and the "Storm and Surface Water" service charge and surcharge. If a customer does not put property to a use which requires one or more of the component utility facilities or services, the customer shall not be charged for such component utility service. 2. Public Works Utilities fees and charges shall be established by resolution of the City Council in an amount reasonable and necessary to fund the administration, planning, design, construction, water quality programming, operation, maintenance and repair of the City's utility systems. The component utility charges shall be based on use of the component utility service, determined as follows: a. Water usage Charges shall be based on the amount of water used by the customer as indicated by a water meter and /or the cost of providing water service to a structure. b. Sanitary Sewer Service, base and use charges shall be based a customer's average water use during three applicable winter billing cycles. The rationale for this method of calculating sewer use is that water is used primarily for in house purposes in the winter and is thus discharged in an equivalent amount into the City's sanitary sewer system. If no average water charge is available for a particular account, the sewer utility user charge shall be based upon an estimated equivalent until such time as average water use can be determined. If actual average water use is lower than the estimated equivalent, the customer shall be entitled to a refund of the amount charged in excess of actual average water use. c. Storm and Surface Water service and surcharge fees shall be based upon the amount of impervious surface used by a customer. Owners or occupants of undeveloped property shall not be charged. Each customer using a location for single family residential shall be charged a uniform rate based upon containing one equivalent service unit (ESU). The charge for all other parcels shall be based upon the total amount of measured impervious surface used divided by one ESU and rounded to the nearest whole number. The actual service charge shall be computed by multiplying the amount of ESUs measured for each use by the rate established for each ESU. 3. Street Maintenance Fees shall be billed and collected during the same billing frequency as other utility fees and charges. These fees are adopted by Council and are based on residential and non- residential rates as listed in the City of Tigard Fees and Charges Schedule. Application for Utility Service No services shall be supplied or furnished to any premises without the customer first requesting service with the City. Application to use the City utility system shall be made to the City Finance Department. The application shall be made in such form as may be required by the City. The City may require such application to be in writing, or may allow application by telephone or other method. All persons receiving utility service but for whom no account exists to pay for such services shall be deemed to be applicants for such service and shall be billed for such service. Water service within the Tigard Water Service Area will be furnished for ordinary domestic, business and community purposes, and fire protection only. No water service will be provided for the direct operation of The of Tigard is the Water Providerfor the Tigard Water Service. Providing a clean, sale, dependable supply Oinking water to the residents in Drnhanz, King City, Tigard and Tigard Water District. steam boilers, machinery or golf courses, except on an interruptible basis, and the City will assume no responsibility therein. • Responsibilities of Property Owners and Tenants Owners of property served by City utility facilities that are not.the customer shall not be responsible for any delinquent utility charges which the customer fails to pay. If water 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. Violation of Utility Services Code The following are general violations of the municipal code: 1. Waste No customer shall cause or permit water to run or be discharged through the fixtures, pipes or faucets on the customer's premises in excess of the quantity necessary for domestic, irrigation or other permitted purposes under this Code. 2. Damage. No person shall willfully or maliciously damage or in any manner interfere with or remove any of the pipes, valves, back flow prevention devices, meters, lock seals, surface water management systems or other property belonging to the City or used in connection with the City utility system. Any person violating this section shall be charged for all costs associated with repairing any such damage or interference, plus any penalty. This charge may be added to the utility bill. Failure to pay such repair charges shall be a basis for discontinuance of service. 3. Tampering. No unauthorized person shall tamper with, alter, or damage any part of the City utility system, reservoir system, pumping station, surface water management system or metering facilities or open or close any fire hydrant or service line. No person shall alter the utility service in a manner which would allow service to more than one household without applying for service and complying with this Code. The Council may establish a tampering fine by resolution for violation of this provision. This fine may be included in the utility bill. Failure to pay that fine can result in discontinuance of service. 4. Surface Water -Sewer Connection Prohibited. a. No person shall attach or maintain an existing attachment of a storm water sewer, surface water drainage or storm drain to the City's sewage disposal system. The City may condition approval of development, building or occupancy permits or business licenses on removal of the connection. b. No person shall attach or maintain an existing attachment of a sanitary sewer or wastewater pipe or drainage to the City's surface water management system. The City may condition approval of development, building or occupancy permits or business licenses on removal of the connection. The City 0 is the Water Pr ovider, fir the Tigard Water Sei vice. Avoiding a clean, sale, dependable supply of drinking water to the residents in Durham, King City, Tigard and Tigard Water District. 5. Disposal of Septic Waste into City System Prohibited. No person shall dump or discharge septic tank waste in the City sewer system. 6. Prohibited Conduct. A. No person shall dump or discharge debris, soil, and pollutants such as fuels, lubricants, bitumens, sewage, paint and other harmful or hazardous materials into the surface water management system. B. No person shall discharge place, deposit, dump or otherwise contribute a solid or liquid material into the public surface water system, either directly or indirectly, which may obstruct flow or otherwise interfere with the operation or function of the public surface water management facility. This shall include, but is not limited to, placing of rock or soil without an approved fill permit, or the dumping of debris, rubbish, trash or other waste material. C. Violation of this section is punishable by a fine of not more than $5,000. Violation of this section a second or subsequent time within a 24 -month period is punishable by a fine of not less than $1,500 and not more than $5,000. 7. Code Violation a Civil Violation. In addition to the other penalties provided by this Code and State law, a violation of any requirement of the Utility Code shall be a civil violation pursuant to Tigard Municipal Code 1.16 and may be prosecuted in the Municipal Court of the City of Tigard. (Ord. 94 -19) Appeal Process • If a customer is aggrieved by a billing decision, the customer may appeal to the Assistant Finance director. • The appeal must be in writing and must detail the customer's reason for appealing the decision. Supporting documentation must be included. These documents must be delivered within 30 days of the original billing decision to: Assistant Finance Director City of Tigard 13125 SW Hall Blvd. Tigard OR 97223 Approved by: Dennis Koellermeier Date Public Works Director Toby La France Date Finance & Information Technology Director The CO of Tigard is the Voter Provider for the Tigard rater Service. Providing a cleat, sate, dependable supply of drinking water to the residents in Durham, King City, Tigard and T igarl rater Dishict. gi Utility Services Administrative Rules TIGARD and Supplemental Regulations Utility Services Billing and Payment Practices and Procedures Effective XX -XX -XXXX The City bills for the following utility services: Water, Sewer, Surface Water Management and Street Maintenance. The City bills on a 61 -day billing cycle for all services. A schedule of when the accounts are to be billed is available upon request. Billing Cycle • The City shall read water meters every 61 days. This could change based on weather or holidays. The meters will be read within one week of the 61 days. • The week after the meters are read, a bill will be processed and mailed to the customers by United States Mail (U.S. Postal System) within 7 days of the meter being read. • The due date is not less than 14 days from the date the bills are mailed. • Bills not paid by the due date fall under the Utility Services Delinquent Account Practices and Procedures. Payments • Utility bills are to be paid in full by the due date shown on the original bill unless other arrangements have been made in advance. • There are many payment options available: - On -line at www.tigard- or.gov - Over the phone using a major credit card (Visa, MasterCard or Discover) 503 -718- 2460 - Automatic withdrawal from a checking or savings account - At the Utility Billing counter 8 am to 5 pm Monday thru Friday using cash, check, cashier's check, money order or credit card (Visa, MasterCard or Discover) - By mail at 13125 SW Hall Blvd, Tigard OR 97223 or PO Box 3129, Portland OR 97208 - At one of the following drop box locations using a check or money order: o Drop Box in the parking lot at 8777 SW Burnham St., Tigard, Oregon o Drop Box at 13125 SW Hall Blvd, Tigard, Oregon o King City — City Hall at 15300 SW 116th Ave., King City, Oregon o Postal Connection at 16200 SW Pacific Hwy Ste. H, Tigard, Oregon • If a customer pays less than the total amount owed, the payment will be applied proportionately among the four utility services. Any notations on checks with the intent of affecting the application of payment or waiving of City rights shall be null and void. • All electronic payments via the customer's online banking may take up to two weeks to process. The City of Tigard is the Water Provider for the Tigard Water Service. Providing a clean, safe, dependable supply of drinking water to the residents in Durham, King City, Tigard and Tigard Water District. Payment Arrangements • If a customer is unable to pay their utility bill by the due date, they need to contact the Utility office by telephone at 503 - 718 -2460 prior to the due date to set up a payment arrangement. • Payment arrangements or extensions of credit shall be at the discretion of the Finance Director or designee. • If after a customer has received a credit for leak adjustment or any other adjustment and is unable to pay their bill, they may enter into an extended payment plan with the City. A customer will be eligible to use a payment plan only if new bills are paid in full by the original due dates. • The payment plan for any back charges shall be set up in equal monthly installments. • The payment plan will not extend beyond one year from the date the plan is entered into. Other Fees and Charges • Returned Check Charge — A charge will be added to accounts for any checks returned from the bank unpaid for any reason. The charge shall be set by resolution of the City Council. • Repair or Replacement of Water Meters and Services - Once installed, any costs associated with the repair or replacement of damaged or missing meters and services will be charged to the owner of the property. Such costs may include but are not limited to gaskets, meter boxes, lid inserts, meters, pressure regulator valves, related labor, equipment, vehicles, and materials. Utility Charge Adjustments and Payment Agreements • Errors in billing or collection shall be corrected in a timely manner by the City. Resulting credits on accounts or refunds shall be made as expeditiously as possible. Disputed billings or other collection transactions shall be dealt with as follows: - The Finance Director or designee shall have the authority to waive utility charges up to $250.00. The City Manager or designee shall have the authority to waive utility charges up to $500.00. The Finance Director, City Manager, or designee shall receive a written report of findings from staff and weigh the evidence presented by the customer and the staff before making any such waiver. - Waivers may be made based upon a written request from the customer specifying the reason for the waiver. Waivers shall only be granted for good cause shown. Good cause may include but is not limited to correction of user or account information, failure of the City to send a bill, demonstrated failure of a user to receive a bill, correction of measurement of either fixture units or equivalent service units and adjustments to the time in which requester became the user. Waivers may include returned check charges, disconnection charges or utility charges. All waivers granted shall be reported to the Intergovernmental Water Board each month upon their request. - The City may enter into a payment agreement with a customer to facilitate the payment of delinquent utility charges. Such agreements shall not exceed the term of one year, current charges must be paid when due, and the agreement must be signed The o� Tigard is the Voter Pmviider /or the Tigard [Voter Service. Providing n clean, safe, dependable .apple of drinking water to the residents in Durham, King City, Tigard and Tigard Water Dist by both parties and must be a legally binding agreement. Breach of such an agreement by the customer shall result in further collection efforts. Payment agreements for amounts over $10,000 must be approved by the Tigard City Council. Appeal Process • If a customer is aggrieved by a billing decision, the customer may appeal to the Assistant Finance director. • The appeal must be in writing and must detail the customer's reason for appealing the decision.. Supporting documentation must be included. These documents shall be delivered within 30 days of the original billing decision to: Assistant Finance Director City of Tigard 13125 S \V Hall Blvd. Tigard OR 97223 Approved by: Dennis Koellermeier Date Public Works Director Toby La France Date Finance & Information Technology Director The Cite of Tigard is the Water Pm/ der for the Tigard Water Service. Providing a clean, sage, dependable supply of diiuking water to the residents in Durham, King Cite, 'lipid and Tigard Water District. ip, Utility Services Administrative Rules : . q and Supplemental Regulations TIGARD Utility Services Delinquent Account Practices and Procedures Effective xx- xx -xxxx The City requires timely payment for all utility services. Customers who fail to keep their utility service account in good standing will be assessed fees and charges related to the collection of their delinquent bill. Unpaid utility bills can result in termination of water service. The City will take the following action with regard to unpaid utility service accounts: Single Family Dwelling & Metered Business Accounts Urgent Notice • If the bill is not paid by the due date, an Urgent Notice will be mailed to the customer within 14 days of the due date on the original bill. • The Urgent Notice will specify a new due date. Final Notice • If the bill is not paid by the due date specified in the Urgent Notice, a Final Notice will be posted on the front door of the dwelling or place of business at least 36 hours before water service is terminated. • The 36 hours shall not include City holidays or weekends. • The Final Notice will detail the amounts and types of charges that are past due and the date and time such charges must be paid to avoid termination of water service. • Per the City's fees and charges schedule, a Final Notification Process Fee will be added to the account to recover the City's costs in issuing the Urgent Notice and Final Notice. Termination of Water Service • Accounts that remain unpaid 36 hours following the issuance of a Final Notice will be scheduled for shut -off. • On shut -off day, accounts will be reviewed at 10 a.m. to determine if any payments have been received. • Those accounts still unpaid will have their water service terminated and their water meter locked. • Per the City's fees and charges schedule, a Water Disconnection Charge will be added to the account to recover the City's costs in terminating the service. The charge shall apply even if the actual water service termination is not performed. Reinstatement of Water Service • Water service will be reinstated on the day the bill is paid in full if payment is received before 5:00 p.m. Charges may include, but are not limited to: - The outstanding bill - Any fees and charges related to the outstanding bill The Ci of Tigard is the Water Provider for the Tigard Water Service Arra. Piovidiug a clean, .rate, dependable supply of drinking water to the residents in Dunham, King Ci Tigard and Tigard Water District. - A deposit, if required - Meter damage charges, if applicable (See the City's Water Meter Practices and Procedures) • If payment is made after 5 p.m., water service will be reinstated on the next regular business day. Water service will not be reinstated outside normal City business hours or on City holidays or weekends. Payment on Past Due Accounts • The City does not recommend past due accounts be paid through on -line banking. Such payments are not credited to an account until processing is completed; processing can take up to two weeks. • If a payment is made by check, and the bank returns the check unpaid for any reason: - Any fees and charges avoided by this payment will be assessed. - Per the City's fees and charges schedule, a returned check fee will be added to the account to recover any bank fees along with the City's costs in collecting payment. Deposit Required for Recurring Past Due Accounts • If a customer has been issued three Final Notices within a 12 month period, a proportional deposit will be required. • The total deposit will equal the average of the two most recent billing cycles. • The deposit will be credited back to the account once two full years have elapsed since issuance of customer's last Final Notice or the date the deposit was received, whichever occurs later. • If a final bill is issued and the deposit is greater that the final bill, the deposit will be applied to the customer's account and a refund will be issued. If the final bill is greater than the deposit, the deposit will be credited to the final bill and the customer will be responsible for paying the remaining balance. Multi- Family and Commercial Accounts The City defines a multi - family unit as a property having more than two single - family dwellings with a common water meter. A commercial unit is a property having multiple businesses with a common water meter. The City will take the following action with regard to unpaid utility service accounts: Urgent Notice • If the bill is not paid by the due date, an Urgent Notice will be mailed to the customer within 14 days of the due date on the original bill. • The Urgent Notice will specify a new due date. Final Notice • If the bill is not paid by the due date specified in the Urgent Notice, a Final Notice will be mailed to the customer notifying them that the water service will be terminated in 30 calendar days. • To the extent possible, tenants of the property will be notified 30 calendar days prior to water service termination. Notification shall be placed on the door of each dwelling or place of business. • Per the City's fees and charges schedule, a Final Notification Process Fee will be added to the account to recover the City's costs in issuing the Urgent Notice and Final Notice. Termination of Water Service • Accounts that remain unpaid 30 calendar days following the issuance of a Final Notice will be scheduled for shut -off. The of Tigard is the Water Provider Jor the Tigard Water Service Area. Providing a clean, sal dependable supply Oinking water to the residents in Durham, King Cif. Tigard and Tigard Water District. • On shut -off day, accounts will be reviewed at 10 a.m. to determine if any payments have been received. • Those accounts still unpaid will have their water service terminated and their water meter locked. • Per the City's fees and charges schedule, a Water Disconnection Charge will be added to the account to recover the City's costs in terminating the service. The charge shall apply even if the actual water service termination is not performed. Reinstatement of Water Service • Water service will be reinstated on the day the bill is paid in full if the payment is paid in full by 5 p.m. Charges may include, but are not limited to: - The outstanding bill - Any fees and charges related to the outstanding bill - A deposit, if required - Meter damage charges, if applicable (See the City's Water Meter Practices and Procedures) • If payment is made after 5 p.m., the water service will be reinstated on the next regular business day. Water service will not be reinstated outside normal City business hours or on City holidays or weekends. Payment on Past Due Accounts • The City does not recommend past due accounts be paid through on -line banking. Such payments are not credited to an account until processing is completed; processing can take up to two weeks. • If a payment is made by check, and the bank returns the check unpaid for any reason: - Any fees and charges avoided by this payment will be assessed. - Per the City's fees and charges schedule, a returned check fee will be added to the account. Deposit Required for Recurring Past Due Accounts • If a customer has been issued three Final Notices within a 12 month period, a proportional deposit will be required. • The total deposit will equal the average of the two most recent billing cycles. • The deposit will be credited back to the account once two full years have elapsed since the customer's last Final Notice or was issued, or the date the deposit was received, whichever occurs later. • If a final bill is issued and the deposit is greater that the final bill, the deposit will be applied to the customer's account and a refund will be issued. If the final bill is greater than the deposit, the deposit will be credited to the final bill and the customer will be responsible for paying the remaining balance. Sewer Services Only Account Delinquency Collection Procedures — Sewer Only Customers The City requires timely payment for all utility services. Customers who fail to keep their utility service account in good standing may be assessed additional fees related to the collection of their delinquent bill. Unpaid utility bills can result in termination of service. For utility charges on accounts without water service, delinquent amounts may be collected using the following collection methods instead of the notification and shutoff procedure: • The City Manager or designee shall have the authority to select a collection agent to recover delinquent utility accounts. The City of Tigard is the Water Provider for the Tigard rater Service Area. Providing a clean, safe, dependable supply of dzi'nking water to the residents is Durham, King City, Tigard and Tigard Water Dilchia. • Delinquent utility charges may be collected by filing a claim in the appropriate court. The City Manager or designee shall have the authority to request pursuit of such claims by the City Attorney and shall have the authority to sign and file necessary documents. • Delinquent utility charges may be collected by turning the uncollected balance over to the Washington County Tax Assessor for inclusion on tax bills. This method of collection shall only be used if the user of the services being billed is also the owner of the premises connected to the system. The owner's approval must be received in writing allowing the turnover. Accounts being collected in this manner shall be charged a turnover fee and shall be turned over to the Assessor each year by July 15. • Delinquent utility charges may also be collected by disconnecting utility services. Disconnection may involve the physical disconnection of incoming or outgoing utility service pipes and facilities. Disconnection shall be pursued with the approval of the City Manager or designee. Actual costs of disconnection shall be calculated and must be paid by the utility service user before reconnection is established. Administrative Rules and Supplemental Regulations Damage or Tampering with a Disconnected Water Meter (See the City's Water Meter Practices and Procedures) • Customers will be charged the actual cost to repair any damage to the water meter or meter lock caused by the willful act of the customer or other party. Appeal Process • If a customer is aggrieved by a billing decision, the customer may appeal to the Assistant Finance Director. • The appeal must be in writing and must detail the customer's reason for appealing the decision. Supporting documentation must be included. These documents must be delivered within 30 days of the original billing decision to: Assistant Finance Director City of Tigard 13125 SW Hall Blvd. Tigard OR 97223 Approved by: Dennis Koellermeier Date Public Works Director Toby La France Date Finance & Information Technology Director The of Tigard is the Water Provider for the Tigard Water Service Area. Providing a clean, sale, dependable supply o, d,Znking water to the residents in Durham, King Cite, Tigard and Tigard Water District. Utility Services Administrative Rules and Supplemental Regulations TIGARD Residential Credit for Leak Adjustment Practices and Procedures Effective xx- xx -xxxx All water lines and plumbing on the outlet side of the water meter are considered "private" and are the responsibility of the customer /property owner. However, the City recognizes leaks in water lines, plumbing, and water- related equipment occur, despite proper maintenance and diligence on the part of the customer /property owner. In order to provide financial relief to customers /property owners who experience sizeable water leaks, the City will consider granting an adjustment to the customer's water bill under the following circumstances: • The leak did not result from a willful or negligent act on the part of the customer /property owner. • The customer can demonstrate the leak was repaired within 10 days of discovery. • The customer's account is current, unless prior arrangements have been made. • The customer has not received a leak adjustment within the past 36 months. • The water customer completes and submits a "Credit for Leak Adjustment" form, along with proof of the repair, within 30 days of making the repair. Forms can be obtained on -line at www.tigard- or.gov under "City Hall /Service /Utility Billing" or by calling City of Tigard Utility Billing at 503.639.4171. The City: • Will only issue credit for actual water consumption. • Will not issue credit under $10; $10 is the minimum credit that may be issued. • Will not issue credit in excess of $2,000; $2,000 is the maximum credit that may be issued. • Will not issue credit for leaks related to water features (fountains, ponds, etc.), swimming pools, and hot tubs. • Will not issue credit for more than two billing periods. • Assumes no responsibility for damage, repairs or inspections necessitated by leaks. Credit for Leak Adjustment Calculations • Past usage for the same billing period Past usage equals the five -year average usage for the billing period in which the leak occurred. If a five -year history has not been established, the average will be based on whatever history is available for the billing period. If no history exists for the billing period, the past usage will equal the system average of 16 ccf per billing cycle. (A ccf equals 100 cubic feet or 748 gallons of water.) Example: Customer Tina Drip's usage for the past five January /February billing cycles has been 18 ccf, 17 ccf, 14 ccf, 18 ccf, and 13 ccf. I -Ier five -year average for this billing cycle equals 16 ccf, (80 ccf divided by 5 years). • Amount of the leak The difference between past usage and current usage for the same billing period equals the amount of the leak. Example: Ms. Drip's usage for the current January /February billing cycle is 31 ccf. The current ccf minus her past usage (31 ccf minus 16 ccf) means the amount of her leak equals 15 ccf. The City of Tigard is the rater Pi ovider for the Tigard Water Service Area. Pi voiding a clean, safe, dependable stpp/y of drinking water to the residents in Durham King GO', Tigard and Tigard Water District. Credit for Leak Adjustment Calculations Continued • Retail mark -up on the leak The retail mark -up of the leak equals the City's retail mark -up on the water (retail cost minus wholesale cost) times the amount of the leak. The retail mark -up is established annually based upon the rates at which the City purchases water. Example: Assuming a retail mark -up of $1.48 per ccf, Ms. Drip's leak would result in a credit of $22.20, ($1.48 retail mark -up per ccf times 15 ccf. Appeal Process • Should any customer /property owner feel these practices and procedures were not implemented correctly, they may appeal the staff decision to the Intergovernmental Water Board (IWB). • The appeal must be in writing and must outline how the practices and procedures were improperly implemented. Supporting documentation must be included. These documents must be delivered within 30 days of the staff decision to: Assistant Finance Director City of Tigard 13125 SW Hall Blvd. Tigard OR 97223 • The IWB will review the documentation from the customer and the City at a public meeting. The customer /property owner will be informed of the meeting date and may attend the meeting if they so choose. • Within the scope of this policy, the IWB will either uphold the staff decision or inform staff how the policy was improperly implemented. If it is determined the policy was improperly implemented, staff will recalculate the credit for leak adjustment per the IWB's instruction. • The IWB has the final authority in determining if the policy was properly implemented. However, the IWB does not have the authority to deviate from existing policy or to issue credits which fall outside the minimum and maximum amounts outlined in this policy. Approved by: Dennis Koellermeier Date Public Works Director Toby La France Date Finance & Information Technology Director The City of Tigard is the rater Provider for the Tigard I1 Service Area. Prnuiding a clean, sale, dependable s»ppl of drinking water to the residents in Durham, King City, Tigard and Tigard Water Dishict. C n Utility Services Administrative Rules TIGARD and Supplemental Regulations Water Utility Service Practices and Procedures Effective xx-xx-xxxx The water service connection, including the water meter, meter box and all distribution lines connected to the water meter will be owned and maintained by the City. The Customer is responsible for the installation and maintenance of water pipe or tubing beyond the end of their service connection at the outlet side of the water meter, and providing clear access for the purpose of meter reading. Meter Installation Fee • Water utility service to new development shall not begin until the customer has obtained all the proper permits and paid the associated fees and charges for a water meter. • A separate service connection will be required for each dwelling, business, or institution. • The City shall designate the location of every meter. When practicable, the meter and related appurtenance shall be installed on a public easement or right -of -way. If the meter or related appurtenance must be located on private property, the property owner shall provide the City with a utility maintenance easement as a condition of obtaining service. • The customer is responsible for any damage to the meter, meter box or water service connection due to negligence during any construction phase associated with the property or development. Failure to repair or pay to have repairs made shall result in termination of water utility service. • The City shall not be obligated to furnish and install water system facilities for all properties within the Tigard Water Service Area or within the City limits. The City shall, as reasonable and practicable, provide an adequate source of supply, transmission water pipelines, water storage facilities, and other improvements necessary to provide water service generally available to all areas within the Tigard Water Service Area. Water system extensions to provide water to areas outside the Tigard Water Service Area are prohibited. Master Metering • The City may permit the master metering of more than one water service. The property owner shall designate the person or firm that will be responsible for the payment of all water charges. If any payment is not made in full when due, the City may terminate service even if partial payment is tendered by other occupants of the premises. • Master metered property with more than three private water meter service connections, or with 10 or more persons receiving water service, shall comply with state rules. The property The GO of Tigmd is the I Vater Mouider the Tigard Water Service Alva. Providing a clean, sa /e, dependable supply 5' of drinking water to the residents in Dunham, King City, Tigard and Tigard Water District. owner shall verify compliance by furnishing the City with a copy of their Oregon State Public Water System permit at the time of application for service. Access to Water Meter, Water Equipment, and Fire Hydrants • The service pipe within the premises and throughout its entire length to the water meter or to the property line must be kept in good condition and protected from freezing at the expense of the customer, lessee, or agent, who shall be responsible for all damages resulting from leaks or breaks. • Each property owner is required to maintain an obstruction free zone a minimum of two feet around the meter box and any other City owned water appurtenances. Clear access to the meter shall be from the street in a direct path to the water meter. If the City must remove obstructions to obtain access to the meter, the customer shall pay the cost for removal of such obstructions. • Property owners shall be required to maintain an obstruction free zone of a minimum of three feet around fire hydrants located within the public right of way adjacent to property. Failure to maintain the area will result in City personnel clearing the areas described to meet the City's meter reading, maintenance, and fire hydrant access needs. • The City shall have no liability related to the vegetation trimming or removal of obstructions required to maintain access to water meters, water appurtenances or fire hydrants. Pressure Regulator Devices on Customer Plumbing State regulations prevent the City from repairing or replacing pressure regulator devices connected to the outlet side of the Cite water meter. These devices are deemed the responsibility of the property owner, including removal, repair, or replacement. Property owners should use pressure regulating devices to protect house plumbing when water supply pressure exceeds 80 psi or required by state and local plumbing code requirements. Interrupted Service — Changes in Pressure The water may be shut off at any time for repairs or other necessary work with or without notice. Conditions may cause a variation of the pressure. The City will not be responsible for any damage caused by interruption of service or varying pressure. Approved by: Dennis Koellermeier Date Public Works Director Toby La France Date Finance & Information Technology Director The of Tigard is the 'rater Provider,forthe Tigard Water Seni e Area. Pinoiding a clean, safe, dependable supply of chinking water to the residents iu Durban', King City, Tigard and Tigard Water District. III - v Utility Services Administrative Rules TIGARD and Supplemental Regulations Temporary Utility Service Practices and Procedures Effective xx- xx -xxxx Temporary Water Service • Temporary service for construction work will be rendered upon deposit in advance of connection charge and one month's estimated water bill, and payment on the first of each month of all accrued charges. All Water SDC fees shall be waived for temporary water service in use for less than 6 months. No temporary service shall be installed for any residence or building where permanent service connection may later be installed. • Water service for irrigation of newly planted landscapes for public authority right -of -way requirements will be rendered upon deposit in advance of connection charge and one month's estimated water bill, and payment billing periods as invoiced. All Water SDC fees shall be waived. No service shall be installed for any landscaping for private residences or buildings. • Any jurisdictional member of the Intergovernmental Water Board may request municipal owned irrigation water (up to 2 inch diameter size) service rendered upon deposit in advance of connection charge and one month's estimated water bill, and payment billing periods as invoiced. All Water SDC fees shall be waived. No service shall be installed for any landscaping for private residences or buildings. • Rates, fees and charges for water used via a permanent meter installation for construction purposes shall be set by resolution of the City Council. The charges shall be billed at completion of construction, but shall not exceed a period of 6 months, unless authorized by the City. • Any person who desires to use a fire hydrant for temporary water supply must obtain permission of the City. The charge for temporary use shall be set by resolution of the City Council. Customer is responsible for repair and /or replacement of damaged meter. The City of T igard is the !Voter Piavi der fin- the Tigard IVater Service Area. Providing a clean, .ca /e, dependable s» pply of drinking water to the residents in Durham, King City, Tigard and Tigard IVater Dishict. Temporary Discontinuance of Service Temporary discontinuance of service for 30 days or more will occur without charge when the customer notifies the City of date of intent, time period of discontinuance, and provided all bills are paid. Approved by: Dennis Koellermeier Date Public Works Director Toby La France Date Finance & Information Technology Director The Ci1j of Tigard is the Water Provider for the Tigard I hater Service Area. Pronidiig a clean, safe, dependable supply of d mater to the residents in Durham, King City, Tigard and Tigar(/ Water Disflict. 1,11 C a Utility Services Administrative Rules TIGARD and Supplemental Regulations Water Meter Maintenance Practices and Procedures Effective xx- xx -xxxx The City is responsible for the repair and maintenance of all water service connections, including the water meter, meter box and all distribution lines connected to the water meter. The property owner is responsible for the installation, repair and maintenance of water pipe or tubing beyond the outlet side of the water meter. Accuracy of Water Meter • The City maintains and replaces water meters as needed to ensure the water meters are operating properly. • If a customer disputes the accuracy of their water meter dial reading, the City will provide testing of the water meter upon the customer's request, upon payment of fee set by the City Council to cover the cost of testing. o If the meter is found to be reading water volume use above 95% but below 105% of the correct value, the water meter shall be deemed accurate according to manufacturer's specifications, and the deposit will be retained to cover the cost of testing the meter. o If the meter is found to be reading water volume use above 105% of correct value, the City will reimburse customer the cost to test the meter and will adjust the previous billing period (one billing cycle) by the percent of inaccuracy above 100 %, returned to the customer as a credit on the customer's account. o If the meter is found to be reading water volume use below 95% of the correct value, the meter may be replaced by the City, and the deposit will be retained to cover the cost of testing the meter. No adjustment will be made to the customer bill. • Meters are read on a regular basis. Special meter readings will not be done when bills are estimated because of inclement weather, obstructions, or meter reading priority. • Requests for re -reads should be directed to the City Utility Billing Office and the following conditions will apply: o Customers can request that the City verify the current meter reading and calculate water usage back to the last meter reading billing date for accuracy. o Customers can request a meter reading to investigate any possible leak at any time. o Any further requests for re -reads during the same billing period may be charged at fees set by the City Council. The City of Tigard is the Water Provider for the Tigard Water Sennice. Providing a clean, sale, dependable sapply of drinking mater to the residents in Durham, King City, Tigard and Tigard Water Distiit. Meter Replacement • The City reserves the right to change meters at any time. • The City will provide ample notice to each customer before a meter change out occurs, however the City does not require permission from the customer and may change out meters without notice to the customer. • The City is not responsible for any damage or liability to customer's plumbing and /or recirculation or pressure pumps, motors or equipment should water service be discontinued for short durations due to routine meter change out. • Meters or services may be relocated at the written request of the property owner, at property owner's expense subject to approval by the City. Meters or services relocated for the convenience of the City shall be relocated at the City's expense. The City and the property owner shall be responsible for their respective costs for relocation of meter required by third party (ODOT, County, etc.). • If a customer requests a change in the size of a meter or service connection, such installation shall be considered a new service connection and all costs shall be paid by the customer. Damage or Tampering with Water Meter • Customers will be charged the actual cost to repair any damage to the water meter caused by the willful act of the customer or other party. Failure to pay shall be a basis for termination of water service. No person shall alter the utility service in a manner which would allow service to more than one household without authorization by the City. The Council may establish a tampering fine by resolution for violation of these provisions regarding tampering with or damaging to a water meter. • In the event of loss or damage to the City's property on the customer's premises arising from neglect, carelessness, or misuse by the customer, the cost of necessary repairs or replacement shall be billed to the customer. Approved by: Dennis Koellermeier Date Public Works Director Toby La France Date Finance & Information Technology Director The CO of 7 igard is the Voter Provider for the Tigard Viler Service. Pivioding a clean, sale, dependable siipply of drinking water to the residents in Dui /yam, King Cite, Tigard and Tigard UVater District. C v Utility Services Administrative Rules TIGARD and Supplemental Regulations Cross Connection Control Program Practices and Procedures Effective XX- XX -XXXX The purpose of this program is to protect the water supply from contamination or pollution from cross connections; and to assure that approved backflow devices (public and private) are tested annually as mandated by the Oregon Administrative Rules (OAR) 333 -61 -0070 Cross Connection /Backflow Rules permanently adopted January 31, 2006. • The installation or maintenance of any cross connection which would endanger the water supply of the City is prohibited. Any such cross connection now existing or hereafter installed is hereby declared unlawful and a nuisance and shall be abated as directed by the City or its authorized representative(s). • The control or elimination of cross connections shall be in accordance with the regulations of the Oregon State Health Division, and the Oregon Plumbing Specialty Code. The practices, procedures, and criteria for determining appropriate levels of protection shall be in accordance with the Accepted Procedure and Practice in Cross Connection Control Manual, American Water Works Association, Pacific Northwest Section, and Oregon Administrative Rules, Chapter 333 - 061 -0071. • Authorized employees of the City, with proper identification, shall have free access at reasonable hours of the day to those parts of a premise, or within buildings, to which water is supplied. Water service may be refused or terminated to any premise for failure to allow necessary inspections. • The water may be shut off at any time for repairs or other necessary work with or without notice. Conditions may cause a variation of the pressure. The City will not be responsible for any damage caused by interruption of service or varying pressure. When service is interrupted, hot water faucets should be kept closed to prevent backflow of hot water or steam. Testing • It is the responsibility of each property owner with backflow devices to schedule annual device testing for compliance to state rules. The backflow testing contractor shall provide documentation to the City to verify compliance. • Inspections and tests of approved backflow prevention assemblies protecting the public water system shall be conducted: - At the time of installation, any repair or relocation - Annually no later than June 1" of each calendar year • Testing of all backflow prevention assemblies within Tigard Water Service Area shall be performed by an Oregon Department of Human Services (ODHS)certifred Backflow Assembly Tester, except as otherwise provided for journeyman or apprentice plumbers. The Ci0 of Tigard is the Water Provider the Tigard Water Service. Praviding a clean, sale, dependable Ripply of rbiu/eiig water to the residents in Durham, King Cily, Tigard and Tigard Water Distiicl. • A list of certified backflow assembly testers is available upon request to water customers. To be included on this list, certified testers' information must be on file with the City of Tigard by January 31 of the current year. • When a property owner fails to conduct annual testing or their device fails the test but is not immediately repaired, the City shall send out a compliance warning letter to the property owner. • The property owner must meet compliance standards by conducting the test or removing and eliminating the physical cross connection. Removal of backflow prevention devices shall be field verified by City staff. • Failure to comply with the backflow device testing requirements may be grounds for termination of water service. Termination shall follow all notification procedures set forth in these practices and procedures. Notification Process The City's notification process to customers with backflow prevention devices shall be as follows: • 1" Notice: The City shall publish in a direct mailed newsletter a reminder that annual backflow prevention device testing is required by June 1" of each year. Backflow prevention device testing is to be completed within thirty (30) days of the date of the requirement (July 1" of each year). • 2 " Notice: If the annual test is not performed within the time specified (July 1" of each year), then a second notification shall be sent by letter or by a door hanger posted on the property. This letter will reference the first notification article in the direct mailed newsletter, and request the annual test to be performed within fifteen (15) days of receipt of the door hanger notification. • Final Notification: Failure to comply with backflow prevention device testing requirements shall result in a notification by "door hanger" to the property owner informing them that the water will be shut off if a completed backflow prevention device test report for the backflow assembly is not received within 48 hours of the date of the notification; and a "Final Notification Process Fee" shall be assessed to the customer billing charges as noted in the most current City of Tigard Fees and Charges Schedule. • Failure to complete the test within 48 hours of the final notification as described above shall result in a termination of water service, and a "Water Disconnection Charge" shall be assessed to the customer billing charges as noted in the most current City of Tigard Fees and Charges Schedule. • The City reserves the right to grant time extensions to customers due to mitigating circumstances on a case -by -case basis. Such grants of time extensions shall be in writing including approval of the amount of time extension and the final date when compliance is required. Appeal Process Property owners whose water service is being terminated due to non - compliance with backflow prevention and cross connection rules and regulations may appeal to the City Manager. The City of Tigard is the !hater Provider for the Tiga d Water Service. Providing a clean, safe, dependable snpp y of drinking water to the residents in Durham, King Gila, Tigard and Tigard Water Dist ict. All appeals must be in writing, stating the reasons for appeal in a clear and concise manner. The City Manager or designee shall conduct an investigation and provide customer a decision within 48 hours after the receipt of written appeal. All decisions by the City Manager are final. Approved by: Dennis Koellermeier Date Public Works Director Toby La France Date Finance & Information Technology Director The of Tiga d is the Water Provider for the Tigard Water Service. Providing a clean, safe, dependable supply of dran eiig realer to the residents in Durham, King City, Tigard and Tigard Water District. Utility Services Administrative Rules TIGARD and Supplemental Regulations Water Emergency and Curtailment Practices and Procedures Effective xx -xx -xxxx Upon fording that the municipal water supply is incapable of providing an adequate water supply for normal usage due to a drought, system failure or any other event, the City Council may declare a water emergency and require that water usage must be curtailed. The declaration shall include the effective date, the reason for the declaration and the level of prohibition declared. A declaration by the City Manager shall be received by the City Council within 14 days and may be affirmed, modified, or withdrawn by the City Council. Curtailment Process: • Curtailment planning is the development of proactive measures to reduce demand during supply shortages as a result of prolonged drought or system failure from unanticipated catastrophic events (for example, flooding, landslides, or contamination). • The goal of this curtailment plan is to have objective criteria that trigger actions that will ensure sufficient water to meet the water demands of the water supply system, without jeopardizing the health, safety, or welfare of the community. Curtailment Stages: The City's curtailment plan has four levels of increasing severity: Level I — Voluntary If there is a general recognition of drought conditions in Washington County or very hot, dry weather is forecasted, a Level I - Voluntary alert will be activated. Level II — Limited If a Drought Emergency for Washington County is declared by the Governor or if the City's water supply capacity is 81 to 90 percent of demand, a Level II - Limited alert will be activated. Level III - Moderate If continuation of hot, dry weather is predicted or if the City's water supply capacity is 81 to 90 percent of demand, a Level III Moderate alert will be activated. Level IV — Severe A Level IV- Severe alert will be put into effect by the City Manager if the water supply capacity is less than 80 percent of demand. The goal under Stage IV is to reduce demand by more than 20 percent or more and to maintain potable water supplies for human consumption and for public health and safety. The curtailment stages will be triggered by the criteria presented in the Water Curtailment Plan as described above. The City of Tigard is the Water Provider for the Tigard Water Service. Providing a clean, safe, dependable .nippy of drinking water to the residents in Durham, King City, Tigard and Tigard Water District. Public Information Program For all alert levels, the public information program elements will include: 1. Contacting local media outlets to publicize the voluntary or required measures, the potential for water shortages or temporary interruptions to normal service delivery. 2. Posting pre - prepared public service announcements and links to conservation tips on the City's website. 3. Providing notice on water bills or through utility bill inserts. 4. Providing handouts to field personnel with direction to remind customers of voluntary and required measures and shortage status. For Level III and Level IV alerts, the City will use the "Code Red" automated voice phone notification system to notify people within the Tigard Water Service Area of the implementation of curtailment measures. Authority Any water curtailment order by the City Manager, or designee, will be reviewed by the City Council at its next session following issuance of the order. The City Council may affirm, withdraw, or amend the order. Enforcement The City Manager or designee shall have the authority to enforce any water curtailment order. Enforcement shall follow the notification process and actions as indicated below. A. First Violation — Warning letter to cease unauthorized water use within 24 hours. B. Second Violation — 48 hour notice before installation of a flow restrictor that limits water use; and a "Final Notification Process Fee" shall be assessed to the customer billing charges as noted in the most current City of Tigard Fees and Charges Schedule. C. Third violation — Tampering with the flow restrictor shall result in immediate termination of water • service. Restoration of water service will require the installation of the flow restrictor; and a "Water Disconnection Charge for Non - payment" shall be assessed to the customer billing charges as noted in the most current City of Tigard Fees and Charges Schedule. D. Fourth violation — The water service connection shall be removed from the main water line. A "Meter Disconnection" fee shall be assessed to the customer billing charges. Reconnection of the water service shall be charged at the rate of actual material and labor costs plus ten (10) percent. All fees and charges shall be paid before reconnection is authorized. Appeal Process Customers being terminated from water service due to non - compliance with a water curtailment order may appeal to the City Manager regarding the status of their water service connection and /or flow restrictions imposed. Customers may also appeal to the City Manager regarding fees and charges imposed due to termination action. All appeals must be in writing stating the reasons for the appeal in a clear and concise manner, and shall include customers request and reasons to delay action regarding water service termination within 5 business days. The City Manager or designee shall conduct an investigation regarding the The City of Tigard is the Water Prooidei for the Tigard Water Service. Pivoiding a clean, safe, dependable supply of drinking water to the residents in Durham, King City, Tigard and Tigard Water District. facts as presented, and provide a decision to the customer regarding any further action by the City within 48 hours receipt of written appeal. All decisions by the City Manager are final. Approved by: Dennis Koellermeier Date Public Works Director Toby La France Date Finance & Information Technology Director The of Tigard is the I [dater Provider fir the Tigard plater Service. Providing a clean, safe, dependable supply of drinking water to the residents in Durham, King City, Tigard and Tigard IVater District. C a Utility Services Administrative Rules TIGARD and Supplemental Regulations Water Curtailment Plan Effective xx -xx -xxxx Water Curtailment Stages: The City's curtailment plan has four levels of increasing severity: • Level I - Voluntary • Level II — Limited • Level III — Moderate • Level IV — Severe The curtailment stages will be triggered by the criteria presented in the table below. Water Shortage Levels and Initiating Conditions Shortage Level Initiating Conditions • General recognition of drought Level I - Voluntary conditions in Washington County; or • Very hot, dry weather is forecasted. • Drought Emergency for Washington Level II - Limited County declared by the Governor; or • Supply capacity is 91 - 100 percent of demand. • Continuation of hot, dry weather predicted; Level III - Moderate • Supply capacity is 81 - 90 percent of demand ; or • Any other unanticipated reduction in supply or distribution system capacity. • A major transmission line break, contamination of multiple wells, a natural disaster, or terrorist act resulting Level IV - Severe in deprivation of water supply, or other unanticipated catastrophe that severely curtails water supply capacity; or • Supply capacity is less than 80 percent of demand. Level — Voluntary If there is a general recognition of drought conditions in Washington County or very hot, dry weather is forecasted, a Level I - Voluntary alert will be activated. The of Tigard is the Water Provider for the Tigard Dater Service. Providing a clean, sa /e, dependable supply of drinking water to the residents in Durham, King C'i y, Tigard and Tigard Water District. The City Manager will implement the actions below. The goal under Level I is to reduce demand by approximately 5 percent. When Level I is triggered, the City will request its customers voluntarily comply with the following measures: 1. Minimize landscape watering between 10 a.m. and 6 p.m., the period of highest water loss resulting from evaporation. 2. Water landscaping on alternate days (even numbered addresses water on even numbered days and odd numbered addresses water on odd numbered days). 3. Implement other conservation measures, such as those suggested on the City's website. Level II — Limited If a Drought Emergency for Washington County is declared by the Governor or if the City's water supply capacity is 81 to 90 percent of demand, a Level II - Limited alert will be activated. The City Manager will implement the actions below. The goal under Level II is to reduce demand by approximately 10 percent. When Level II is triggered, the City will prohibit the following activities or actions: 1. Watering, sprinkling, or irrigating lawn, grass or turf; exceptions: (a) New lawn, grass or turf that has been seeded or sodded 90 days prior to declaration of a water shortage may be watered as necessary until established; (b) High -use athletic fields that are used for organized play; (c) If the Level II declaration so provides, a mandatory rotational watering plan may be imposed rather than an absolute prohibition on watering. 2. Watering, sprinkling, or irrigating flowers, plants, shrubbery, ground cover, crops, vegetation or trees except from 6 p.m. to 10 a.m. 3. Using water to wash, wet down, or sweep sidewalks, walkways, driveways, parking lots, open ground, or other hard surfaced areas; exceptions: (a) Where there is a need in order to meet public health and safety requirements, such as to alleviate immediate fire or sanitation hazards; for dust control to meet air quality requirements mandated by the DEQ; (b) Power washing of buildings, roofs, and homes before painting, repair, remodeling, or reconstruction, and not solely for aesthetic purposes. 4. Washing trucks, cars, trailers, tractors, and other land vehicles or boats or other water -borne vehicles, except by commercial establishments or fleet washing facilities which recycle or reuse the water in their washing processes or by bucket and hose with a shut -off mechanism; exception: (a) Where the health, safety, and welfare of the public are contingent upon frequent vehicle cleaning, such as to clean garbage trucks and vehicles that transport food and other perishables, or otherwise required by law. Owners /operators of these vehicles are encouraged to utilize establishments that recycle or reuse the water in their washing process. The of Tigard is the Water Provider for the Tigard Water Seiz'ia. Providing a clean, safe, dependable supply of (hinking water to the residents in Durham, King City, Tigard and Tigard Water alchict. 5. Cleaning, filling, or maintaining decorative water features, natural or manmade, including, but not limited to, fountains, lakes, ponds, and streams, unless the water is re- circulated through the decorative water feature. Water features that do not include continuous or constant inflowing water are not included. 6. Wasting water by leaving unattended hoses running. 7. Water line testing and flushing in connection with construction projects; exception: (a) Testing and flushing of critical water facilities. 8. Other actions that the City Council determines should be restricted, consistent with a Level II situation, including any restriction or curtailment imposed on the City by water suppliers or applicable law, regulation, or order. Level III - Moderate If continuation of hot, dry weather is predicted or if the City's water supply capacity is 81 to 90 percent of demand, a Level III Moderate alert will be activated. Under Level III, the City Manager will implement the following curtailment program elements with a goal of reducing demand by approximately 20 percent. All of the following actions and activities are prohibited: 1. Actions and activities prohibited in a Level II situation. 2. Watering of any lawn, grass, or turf, regardless of age or usage. 3. Watering, sprinkling, or irrigating flowers, plants, shrubbery, groundcover, crops, vegetation, or trees. 4. Washing of vehicles other than in establishments that recycle or re -use the water in their washing processes. 5. Power washing of buildings, regardless of purpose. 6. Any additional actions that the City Council determines should be restricted consistent with a Level III situation. If needed, water distribution areas will be identified on the City's website, on the radio, and through county dispatch phone calls. Level IV — Severe • A Level IV- Severe alert will be put into effect by the City Manager if the water supply capacity is less than 80 percent of demand. The goal under Stage IV is to reduce demand by more than 20 percent or more and to maintain potable water supplies for human consumption and for public health and safety. The City will inform customers where to obtain potable water if a shortage or contamination occurs and as necessary will implement its emergency plan. In addition to the restrictions imposed under Level II and Level III, the City Council may impose any other restriction on water use or activities that may require the need for water supplies, consistent with the City water supply contracts, such as fireworks displays and other events that create a risk of fire. In imposing a Level IV restriction, the City Council will consider any restriction recommended by the Public Works Director or by any Fire District serving the City. The Cite of Tigard is the Water Provider, for the Tigard Water Se Providing a clean, .cafe, dependable sappy of drinking water to the residents in Durban), King City, Tigard and Tigard Water Dishict. • Approved by: Dennis Koeller7neier Date Public Works Director Toby La France Date Finance & Information Technology Director The Cite o f Tigard is the Water Pr ovider for the Tigard Water Service. Providing a clean, sate, dependable srpp/y of drinking water to the residents in Dnrhanr, King City, Tigard and Tigard Water District. AIS -163 Item #: 5. Workshop Meeting Date: 10/19/2010 Length (in minutes): 30 Minutes Agenda Title: Update on Urban Forestry Code Revisions Prepared By: Todd Prager, Community Development Item Type: Update, Discussion, Direct Staff Meeting Type: Council Business Mtg - Study Sess. Information ISSUE This is an opportunity for the City Council to receive an update from City staff on the Urban Forestry Code Revisions project. STAFF RECOMMENDATION / ACTION REQUEST Council is requested to receive an update from staff, ask questions, and provide input. KEY FACTS AND INFORMATION SUMMARY Urban Forestry Code Revisions Project Overview Tigard City Council adopted the Urban Forest section of the Comprehensive Plan in 2008 and accepted the Urban Forestry Master Plan (UFMP) in 2009 to help guide and inform an update of the City's tree and urban forestry related code provisions. On February 16, 2010, Council directed staff to pursue a comprehensive urban forestry code update (Option 1 shown in Attachment 1). It consists of a) an enhanced public involvement component; b) revisions to both the Municipal and Development Codes, and c) development of a tree grove protection program. Public Involvement Component The enhanced public involvement component is being implemented through the project's Public Involvement Plan which includes developing and regularly updating the project website; sending project updates to interested parties, and discussing the project with community members at several events such as the Farmer's Market and open houses. In addition, staff meets regularly with a Citizen Advisory Committee (CAC) and Technical Advisory Committee (TAC) to ensure the project is progressing in a manner that is consistent with community expectations and technical standards. The CAC members were appointed by City Council. Revisions to the Municipal and Development Code The Urban Forestry Code Revisions project is developing the desired code revisions through six thematic packages that span both the Municipal and Development Codes. These groupings including: 1) Hazard Trees; 2) Street Trees; 3) Use of Current Mitigation Funds; 4) Development Code I (Tree Plan Requirements); 5) Development Code II (Tree and Grove Preservation Incentives and Requirements); and 6) Non - Development Related Tree Permits. These packages are being developed sequentially by staff with input and review by the CAC and TAC. This part of the project work is expected to be completed at the end of June 2011. Following a final review by the Advisory Committees of a consolidated package encompassing all of the code amendments, the project process calls for review by a panel of development and urban forestry experts. The Planning Commission's consideration of the Development Code amendments will begin after that, with hearings anticipated during the second half of 2011. The current project schedule anticipates City Council hearings and adoption by the end of 2011. The project schedule is provided in Attachment 2. The code items currently nearing completion of the preliminary development phase include defining and prohibiting hazard trees; and refining the City's planting, maintenance, and removal standards and approval criteria for street trees during non - development scenarios. Tree Grove Protection Program Implementation of a tree grove protection program is expected to focus on an incentive based approach and requires development through the state defined Goal 5 process. City staff and a consultant (Winterbrook Planning) are completing the required inventory work to identify and evaluate tree groves based on Council input received on July 20, 2010. The first public open house with potentially affected tree grove property owners occurred on October 6, 2010. Darren Wyss, Senior Planner and project manager for the tree grove portion of the project, will update Council on November 9, 2010 about the results of this open house. The tree grove portion of the project may require revisions to the Development Code, and there will be an additional open house later in the process so affected property owners and the community can provide input on the proposed code language and other implementation strategies. More details on the Urban Forestry Code Revisions Project can be found on the project website at http://www.tigard-or.govicommunity/trees/code_revision.asp. OTHER ALTERNATIVES NA COUNCIL GOALS, POLICIES, APPROVED MASTER PLANS 2010 Council Goal 1.b - Update Tree Code 2008 Urban Forest Section of the Comprehensive Plan 2009 Urban Forestry Master Plan DATES OF PREVIOUS COUNCIL CONSIDERATION Council directed staff to complete a comprehensive update of the City's Urban Forestry Code provisions on February 16, 2010. Council provided staff additional direction on the Tree Grove Inventory and Protection Program portion of the project on July 20, 2010. Fiscal Impact Fiscal Information: None Attachments Urban Forestry Project Option 1 Urban Forestry Code Revisions Project Timeline 1 AgendaQuick©2005 - 2010 Destiny Software Inc., All Rights Reserved Draft Tree Code Project - option 1 2010 Q1 Project Launch & Q2 CAC Formation aiiiiiiiiiii a) a) Q3 0 '� OAS _ i = _ 4 0 o a , aU C ' cu = o . ,u) ° CD a _ Q4 E i it: °- 0. E a o 0 t E E o au E V V V w Q Pli 2011 Q1 t -a �o o a Q2 a a P Review z = Ca 0 a Arbor ,N > Planning Month a It Q3 v v Commission & Council Adoption Q Implementation City of Tigard Urban Forestry Code Revisions — Project Timeline June '10 July '10 August '10 September '10 October '10 November '10 December '10 January '11 February '11 I I I Project Kickoff 2 0 H Assessment and Collaboration W I I Q W Draft Code Revisions 0 0 0 . . • . . . . . . . . . Hazard Trees Hazard Trees Street Trees Use of Current Development Code I Development Code II (Non - development) Mitigation Fund Street Trees Development Code II Non - development (Non - development) Use of Current Development Code I Tree Plan Incentives Tree Grove Preservation Permits Mitigation Fund Tree Plan Requirements (Besides Street Trees) Incentives/ Requirements Exisitng Grove, GIS Review w O Tree Grove lnventory C 0 tu to ESEE Analysis Report CC I— , .._ 1 Draft Program Fl Project Kickoff W. Assessment and Collaboration i Draft Code Revisions KEY: •-•.• Technical Advisory Committee Meeting Citizens Advisory Committee Meeting •.,* Planning Commission or Council Meeting ® Tentative Citizens Advisory Committee Meeting `Dates for Planning Commission and City Council meetings are subject to change. Please check the City's website for updates. 1 City of Tigard Urban Forestry Code Revisions — Project Timeline March '11 April '11 IIMEMEIN July '11 August '11 September '11 October '11 November '11 Q) z 0 c W Peer Review US Draft Code Revisions 0 0 0 Adoption Process ♦ ♦ i 0 4,-;:, :. ••• • i ♦ ••• <.,,';> + + 4.... Non - development Comprehensive Comprehensive Planning Commission Planning Commission City Council City Council Hearing* Permits Review of Review of Workshop* Hearing* Workshop' (Besides Street Trees) Code Changes Code Changes Comprehensive Review of Code Changes w 0 w w CC t 1 111E1 Draft Code Revision, A.dortion P-ocess KEY: •:,* Technical Advisory Committee Meeting Citizens Advisory Committee Meeting ••• Planning Commission or Council Meeting ® Tentative Citizens Advisory Committee Meeting 'Dates for Planning Commission and City Council meetings are subject to change. Please check the City's website for updates. ., 6/71,14 ikr drv� h 6 f n 4 et,hcf1 / if y He Deserves ' � -'9-'0 /VI) 4ger he Clean Drinking 1iems Water Tigard Connecting People, Parks and Nature, a project of The Conservation Campaign NONPROFIT ORG. 10895 SW Tigard St. U.S. POSTAGE Tigard, OR 97223 T•32 OrA•0 PAID $ CAMPAIGN MAIL rc Pf , t , .. 111 1n,iuiriui,iuiin viii..iu1 1..ilililillillliillli �I s t n te '.` E pc o Pi 1111M . m, w E- 3,, Tigard's Water, Natural Areas and Wildlife Bond Measure will Protect Our Drinking Water Sources ' ∎� �i i. ' • Our River, Creeks and Streams are at Risk c 1,_ as Tigard Grows s We must protect the quality of our drinking water for our families. y. Measure 34 -181 will protect the lands that nourish our water sources and ' r iip. • M help to ensure that our drinking water quality will be safe for our families. • 0 ,:1111, and for our children's families. If passed, the measure would: i Protect sensitive lands along local creeks and streams a that nourish our drinking water sources • Preserve naturai areas for future generations to enjoy - Y • Preserve fish and wildlife habitat i Y 41 • Create and improve community parks � „ yam ,_ - t ;?r - Safeguards to Ensure Funds are Properly Spent 'sy ” f ' ' All spending from this measure would be subject to oversight by the local - t, - �f 11 ,, :„... . .t:P . citizen Tigard Park and Recreation Advisory Board and audited within the 4 . :. City's yearly audit to ensure that all funds are spent efficiently and appropriately + ;- ' ,; '> ' "1 J: in a balanced mariner • , 7 a --' L -� , ` ;I, ,; 1 ., ` + By law, no money can be used for administrators' salaries. Vote YES to Protect our Quality of Life for Future Generations Vote YES to Protect Tigard's River, Creeks and Streams • Vote YES on Bond Measure 34 -181 October 15 through November 2