Chapter 13.10


13.10.010    Authority – Rates established.

13.10.020    Charge against property owner.

13.10.030    Monthly service charge.

13.10.040    No free use of sewer system – City use.

13.10.050    Connection requirements.

13.10.060    Unlawful use of sewer system.

13.10.070    Charges payable when – Delinquency.

13.10.080    Unpaid charges.

13.10.090    Sewer late fee.

13.10.100    Bookkeeping.

13.10.110    Use of funds.

13.10.120    Transfer of funds.

13.10.010 Authority – Rates established.

Pursuant to the authority vested in Chapter 289, Oregon Laws 1933 (ORS 224.210 to 224.260), as amended by Section 99(c) of the Charter of the city of Burns, the common council of said city does hereby fix the charges and rates for the use of the services rendered by the sewage treatment and disposal plant and sewer system (hereinafter referred to as the “sewer system”) of said city to the users thereof. [Ord. 402 § 1, 1960]

13.10.020 Charge against property owner.

All rates to be paid for said sewer service shall be deemed a charge against and shall be paid by the owners of the respective parcels of real property served, notwithstanding the fact that such property may be occupied by a lessee or other occupant. [Ord. 402 § 2, 1960]

13.10.030 Monthly service charge.

Each user (person, firm or corporation) having a service connection to the sewer system to the city of Burns shall, from and after the passage of the ordinance codified in this section, pay the city of Burns a monthly service charge as set by resolution. A deposit established by resolution will be required on all new accounts. [Ord. 10-809, 2010]

13.10.040 No free use of sewer system – City use.

None of the facilities afforded by the sewer system shall be furnished free; and in the event that the city or any department, agency or instrumentality thereof shall avail itself of the services afforded by the sewer system, the charge for such service shall be the same as the rates fixed in BMC 13.10.030. [Ord. 402 § 4, 1960]

13.10.050 Connection requirements.

It shall hereafter be unlawful for any person, firm or corporation to have, make or use any connection with the sewer system of the city of Burns, without having first obtained the written consent of the city water department; provided, however, that no written consent shall be required for service connections heretofore made. It shall be unlawful to connect any roof drain or surface water drain or storm drain with the sewer system of the city of Burns, and no permit shall at any time be issued for the connections of a roof drain, surface water drain or storm drain with such sewer system; provided, however, that such connections as were made prior to passage of the ordinance codified in this chapter are hereby approved. The city water department shall advise the clerk in writing of every new connection made and, at the request of the clerk, of any existing connections. [Ord. 402 § 5, 1960]

13.10.060 Unlawful use of sewer system.

Any person, firm or the managing officers of any corporation who shall wilfully make any connection with the sewer system of the city of Burns without having first obtained the written consent of the city water department shall be guilty of a crime against the city and shall, upon conviction thereof, be punished by a fine of not more than $100.00, or by imprisonment in the city jail one day for each $2.00 thereof unpaid, or by imprisonment in the city jail for a term not to exceed 50 days, or by both such fine and imprisonment, as the clerk shall decide. [Ord. 402 § 6, 1960]

13.10.070 Charges payable when – Delinquency.

The service charge herein fixed shall be due and payable monthly on or before the first day of each month hereafter, and all payments shall be made to the clerk. All of said monthly payments shall become delinquent 10 days subsequent to the due date thereof, and shall bear interest at the rate of eight percent per annum from the date of delinquency to the date when paid. The clerk shall not be required to notify any owner, lessee or other occupant of any parcel of real property served, now or hereafter subject to the payment of the service charge fixed herein, that a payment is due unless otherwise instructed from time to time by the common council. [Ord. 402 § 7, 1960]

13.10.080 Unpaid charges.

All unpaid sewer charges including late charges shall accrue interest at the legal rate and shall be collectible by the city of Burns by the use of any means allowable under Oregon law. [Ord. 681 § 2, 1991]

13.10.090 Sewer late fee.

Sewer bills sent shall contain the final date on which payment is due. If the bill is not paid by that date, the account shall be considered delinquent unless other arrangements have been made with the city manager or clerk, in writing, which specifies another due date. Bills not paid by the due date on which $5.00 or more is owed shall be assessed a late charge or penalty of not less than $2.50. [Ord. 683 § 2, 1992]

13.10.100 Bookkeeping.

All revenues resulting from the rates and charges fixed by this chapter, received by the clerk, shall be separately kept, designated and paid over by him to the city treasurer of the city of Burns at intervals of not greater than one week; and such funds shall be kept by the city treasurer separate and apart from all other funds; and such system of bookkeeping shall be adopted by him as shall show at all times all receipts in and disbursements from said fund, and the purpose to which disbursements have been applied. [Ord. 402 § 9, 1960]

13.10.110 Use of funds.

The common council shall cause to be filed with the clerk vouchers for necessary disbursements to be covered by warrants drawn by the clerk against said fund in the hands of the city treasurer out of the revenues received from said sewer system, as above provided, for the cost of maintenance and operation of said sewer system; and after such payment of all of the remaining or net revenues of said sewer system necessary for the payment of principal of and interest on the city of Burns Sewer and Water System Bonds, Series 1956, and any other sewer and water bonds of the city which have been duly authorized but not yet issued, shall be placed in a special fund which shall be designated sewer and water interest and sinking fund, which special fund shall be irrevocably pledged to and used solely for the payment of principal of and interest on said sewer and water bonds when due, so long as any of the said bonds or coupons thereto appertaining remain outstanding and unpaid, and the interest of which said special fund shall be credited thereto and become a part thereof; provided, however, that no further payments need be made into said special fund whenever a reserve has been accumulated therein equal to the principal and interest requirement of the bonds for the next ensuing two years, said reserve to be maintained at all times; and, provided further, that whenever the total amount contained in said special fund shall be equal to the total amount of the principal and interest on all outstanding bonds to the last maturity thereof, then no further revenues need be deposited in said special fund. [Ord. 402 § 10, 1960]

13.10.120 Transfer of funds.

All funds collected pursuant to this chapter are hereby transferred to the special fund referred to in BMC 13.10.110. The treasurer of the city of Burns is hereby ordered and directed to make such transfer. [Ord. 402 § 11, 1960]