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AND REGULATIONS, TO TIGARD MUNICIPAL CODE TITLE 12,WATER AND SEWERS WHEREAS,Title 12 of the Tigard Municipal Code is outdated;and WHEREAS, the City Council unanimously authorized the use of administrative rules in Ordinance No. 11-06 on August 23,2011;and WHEREAS, the city intends to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