Chapter 13.20
SYSTEMS REPLACEMENT CHARGES
Sections:
13.20.010 Creation of utility systems replacement fund.
13.20.030 Depositing of moneys received.
13.20.035 Future revisions to systems replacement charges.
13.20.040 Responsibility for payment.
13.20.050 Payment and nonpayment of bills, contracts.
13.20.060 Fees and charges consolidated – Liens.
13.20.070 Violations – Penalties.
13.20.010 Creation of utility systems replacement fund.
There is hereby created a utility systems replacement fund within the reserve fund of the city as provided by Chapter 3.05 BMC, to receive funds to be collected under BMC 13.20.020. The purpose of the fund shall be to finance the capital replacement, noncapacity increasing extension and noncapacity increasing expansion of municipal utility facilities, including the acquisition of land or rights-of-way thereto. [Ord. 06-O-574 § 2; Ord. 87-O-419 § 1.]
13.20.020 Monthly charges.
As of the date of enactment of the ordinance codified in this chapter, the following monthly charges are to be collected from all persons, firms or corporations receiving utility service or services from the city of Brookings or its contractors for each service provided or used for the capital replacement of each utility:
A. Water system replacement charge: $2.50 per month;
B. Sewer system replacement charge: $2.50 per month;
C. Street system replacement charge: $2.50 per month. [Ord. 87-O-419 § 2.]
13.20.030 Depositing of moneys received.
All moneys collected from the charges established herein shall be received by the city recorder and shall be deposited into the appropriate accounts within the utility systems replacement fund according to the purpose for which collected and shall not be otherwise appropriated or expended by the city. [Ord. 87-O-419 § 3.]
13.20.035 Future revisions to systems replacement charges.*
All future revisions to the systems replacement charges as presented in BMC 13.20.020 shall be by resolution of the council. [Ord. 06-O-574 § 3.]
* Code reviser’s note: Ord. 06-O-574 § 3 adds this section as BMC 13.20.030. It has been editorially renumbered to avoid duplication in numbering.
13.20.040 Responsibility for payment.
The utility systems replacement charge shall be entered upon the monthly bills of all customers of the city or of its contractors for each service received whether or not such customers shall be residents of the city. Every dwelling unit, commercial, industrial, manufacturing, agricultural or other unit receiving and paying a bill for service shall be responsible for paying the monthly utility system replacement charge whether service is provided directly or by contract through a third party. [Ord. 87-O-419 § 4.]
13.20.050 Payment and nonpayment of bills, contracts.
A. At the end of each month the city shall mail or deliver bills to all consumers for utility systems replacement fund charges accruing to such consumers during the month, together with the regular utility service billing. All such bills are payable to the city on the date of such mailing or delivering and become delinquent 10 days thereafter, except in cases where specific contracts in writing specify the monthly payment date.
B. The city shall discontinue utilities services to all consumers whose bills for utility systems replacement fund charges become delinquent. Such service shall not be again furnished at the same premises or to the same consumer, or to any member of his household, at any other premises, until all of said charges to such consumer shall be paid in full, and in such case each applicant for water service shall pay, in advance, a turn-on charge of $10.00.
C. The city reserves the right to make special contracts, the provisions and conditions of which are different from or have exceptions to the regular published schedules. Special contracts shall be in writing and signed by the proper customer and the mayor, after a resolution authorizing such contract shall have been passed by a majority vote of the city council; provided however, that temporary contracts may be entered into by the city subject to the approval of the city council at its next council meeting.
D. Except for special contracts which specify the length of time to which the contract rate shall be extended, all rates, rules and regulations are subject to change or modification by the city without notice. [Ord. 87-O-419 § 5.]
13.20.060 Fees and charges consolidated – Liens.
A. The city manager and the city recorder are authorized and directed to consolidate all fees and charges for all utilities and/or city services into one account against each property or person served, or for which property or person such services are made and kept available.
B. All fees and service charges of any kind and character, and for whatsoever purpose the same may be levied, shall constitute a perpetual lien upon any lots, lands, buildings or premises served, or for which the service may be made and kept available. Payment of the charges may be enforced by any remedy or means provided by the statutes of the state of Oregon or by the ordinances of the city of Brookings, in such case made and provided. All such remedies are declared to be cumulative. [Ord. 87-O-419 § 6.]
13.20.070 Violations – Penalties.
A. It shall be a violation of these rules and regulations for any person or persons to make connections with the city water or sewer mains or service lines; or to make alterations in any conduit pipe, meters or other fixtures connected therewith; or to connect pipes when they have been disconnected; or to turn water off or on to any premises without first having paid appropriate systems development charges and obtaining the written consent of the city.
B. It shall be a violation of these rules and regulations for any person or persons to use or tamper with any valve, curb stop, hydrant, meter or other portion of the municipal water system.
C. Upon any violation of any of the provisions of this chapter by any owner or consumer, the water supply and sewer service to any such owner or consumer may be shut off by the city without notice until any and all rates, fees and charges for all utility services due and owing to the city shall have been paid for.
D. Pursuant to Chapter 1.05 BMC. [Ord. 07-O-590 § 7; Ord. 87-O-419 § 7.]
13.20.080 Construction.
The rules of statutory construction provided in ORS 174.010 through 174.110 are adopted and by this reference made a part of this chapter. [Ord. 87-O-419 § 8.]