Chapter 13.40


13.40.010    Purpose.

13.40.020    Utility reserve fee – Billing and collection.

13.40.010 Purpose.

The purpose of this chapter is to establish a utility reserve charge, which charge when collected will subsidize costs and expenses city incurs for, among other things, (1) repair, maintenance, replacement, and purchase of equipment used by city’s water and sewer departments, (2) repair, maintenance, replacement, and additions to city water and sewer lines, (3) testing, monitoring, repair, updates, and maintenance of city’s water and sewer systems and related infrastructure, and (4) planning for and updates to city’s water and sewer systems. All funds collected under this chapter will be paid into a city water and wastewater reserve fund. Notwithstanding anything contained in this chapter to the contrary, the charge is (5) a charge for service and not a charge against property, (6) premised on the direct and indirect use or benefit derived from use of city’s water and sewer system, and (7) not a property tax or subject to the limitations of Article XI, Section 11 of the Oregon Constitution. [Ord. 20-872 § 2, 2020]

13.40.020 Utility reserve fee – Billing and collection.

The city hereby establishes and authorizes the imposition and collection of a utility reserve charge in the amount of $6.00 per sewer utility customer, per month, effective January 10, 2020. Subject to the provisions of this chapter, the utility reserve charge will be collected from each city sewer customer inside and outside city’s incorporated limits. The utility reserve charge may be adjusted from time to time by resolution of the council. The utility reserve charge will be billed and collected monthly, or at such other interval determined by city, from the person responsible for a sewer utility account in a manner similar to the process used for collection of utility bills for city utility services; provided, however, the council may adopt, by resolution, such additional policies and/or procedures necessary for calculating, billing, and/or collecting the utility reserve charge. Without otherwise limiting the generality of the immediately preceding sentence, city reserves the right to enforce this chapter and any violation hereof, including, without limitation, any failure to pay the utility reserve charge, subject to and in accordance with any enforcement procedures contained in Chapter 13.10 BMC, including, without limitation, imposing penalties for late payments and/or delinquent accounts; provided, however, the remedies provided in Chapter 13.10 BMC are not exclusive and will not prevent city from exercising any other rights and/or remedies available under law and/or in equity. All available remedies are cumulative and may be exercised singularly or concurrently. The utility reserve charge is in addition to, and not in lieu of, all other taxes, fees, and charges of every kind. [Ord. 20-872 § 3, 2020]