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HomeMy WebLinkAboutOrdinance No. 106 ORDINANCE NO. 106 AN ORDINANCE OF THE BOARD OF DIRECTORS OF COUNTY SANITATION DISTRICT NO. 1 ESTABLISHING SANITARY SEWER SERVICE CHARGES The Board of Directors of County Sanitation District No. 1 of Orange County, California, does hereby ORDAIN as follows: Section 1: Purpose. The purpose of this Ordinance is to establish a system of sanitary sewer service charges required to be paid by property owners for the services and facilities furnished by the District in connection with its sanitation treatment works and sewage collection system. Revenues derived under the provisions of this Ordinance shall be used for the acquisition, construction, reconstruction, maintenance and operation of the sewage collection facilities and wastewater treatment and disposal facilities of the District, together with costs of administration and provisions for necessary reserves. Section 2: Annual Sanitary Sewer Service Charge. Commencing July 1, 1985, each parcel of real property located within the District which is improved with structures designed for residen- tial, commercial or industrial use and connected to the District's system, shall pay a sanitary sewer service charge based on the average volume of wastewater discharged by a class of users in the sum or sums as set forth in Table A of this Ordinance. Section 3: Application of Ordinance. The provisions of this -1- Ordinance shall be in addition to Ordinance No. 104 and 105 of the District establishing regulations for use of District's sewage facilities, including provisions for payment of charges or fees related thereto. Section 4: Exceptions. Except as expressly provided in Section 5 hereof, the provisions of this Ordinance shall apply to all properties in the District, and no exception shall be provided for properties otherwise deemed exempt from payment of taxes or assessments by provisions of the State Constitution or statute, including properties owned by other public agencies or tax exempt organizations. Section 5: Exemptions and Appeals. in recognition that certain legal parcels of real property exist within the District which are not connected to the District system and that other properties acquire considerably greater potable water than is ultimately discharged to the District's system, it is the intent of the District that said parcels be exempt totally or in part from the payment of charges as prescribed herein. Any property owner may appeal the assessment of the charges and submit a claim for rebate to the District on the forms prescribed and provided by the District, within one hundred twenty (120) days after the annual bill is mailed. All applica- tions for rebate of the annual sewer service charge will be determined by the General Manager of the District, who may grant a partial or full rebate or adjustment of the charge based on receiving satisfactory proof that an inequity exists between the -2- amount and the amount of wastewater discharged to the District's systems. Such inequities may include, but are not limited to the following instances: a) the use of the parcel differs from the use indicated by the charge; b) no service connection to the District system exists from the parcel charged; c) the principal water use is agricultural d) any other use wherein the amount of wastewater discharged to the District's system is significantly less on a regular basis than the amount that would normally be expected to be discharged by the class of property in question. Section 6: Annual Charge Based on Fiscal Year. The sanitary sewer service charge established by this Ordinance shall be for the fiscal year commencing July 1 and terminating June 30, and there shall be no proration of such charges. Section 7: Credit for Industrial Permittees: A credit shall be allowed to all dischargers permitted pursuant to Article 3 of Ordinance No. 104 in an amount equal to the annual sanitary sewer service charge established by Section 2 of this Ordinance. Said credit shall be made in the same manner as credit is allowed for ad valorem taxes pursuant to Section 302.6, 303.6 and 304.5(B) (4) of Ordinance No. 104. Section 8: Severability. If any provision of this Ordinance or the application to any person or circumstance is held invalid -3- by order of court, the remainder of the Ordinance or the application of such provision to other persons or other circumstances shall not be affected. Section 9: Effective Date: This Ordinance shall become effective thirty days after its adoption. Section 10: The Secretary shall certify to the adoption of this Ordinance and shall cause the same to be published in a newspaper of general circulation in the District as required by law. PASSED AND ADOPTED THIS 4th day of October , 1984. Chairman ofthe Boarder Directors of County Sanitation District No. 1 of Orange County, California ATTEST: �� Secretary or i�°i eBOard O Dim rectors of County Sanitation District No. 1 of Orange County, California -4- TABLE A Class of Basis of 1985-86 Minimum Annual User Change Annual Rate Charge per Unit Single-Family Charge per $ 60.00 $ 60.00 Dwellings dwelling unit Multi-Family Charge per 36.00 36.00 Dwellings/Mobile dwelling unit Banes Conrercial/ Charge per 1000 42.95 42.95 Industrial/Other square feet of (government building buildings, utilities, non-profit organizations, etc.) STATE OF CALIFORNIA) ) SS. COUNTY OF ORANGE ) I, RITA J. SHOWN, Secretary of the Board of Directors of County Sanitation District No. 1 of Orange County, California, do hereby certify that the above and foregoing Ordinance No. 106 was passed and adopted at an adjourned regular meeting of said Board on the 4th day of October, 1984, by the following vote, to wit: AYES: Directors Robert Hanson, Chairman, Dan Griset and Don Saltarelli NOES: None ABSTENTIONS: None ABSENT: Director Roger Stanton IN WITNESS WHEREOF, I have hereunto set my hand this 4th day of October, 1984. Rita J. Brown .Y Secretary of the Board of Directors County Sanitation District No. 1 of Orange County, California