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HomeMy WebLinkAboutOrdinance No. 210 ORDINANCE NO. 210 AN ORDINANCE OF THE BOARD OF DIRECTORS OF . COUNTY SANITATION DISTRICT NO. 2 OF ORANGE COUNTY, CALIFORNIA, ESTABLISHING SANITARY SEWER SERVICE CHARGES The Board of Directors of County Sanitation District No. 2 of Orange County, California, does hereby FIND: A. That a Comprehensive 30-year Master Plan of Capital Facilities entitled "Collection, Treatment and Disposal Facilities Master Plan - 198911, hereinafter the "Master Plan", which includes detailed financial and engineering reports, has been prepared, approved and adopted by the Board of Directors setting forth and identifying the required future development of District and jointly-owned facilities, including the financial projections for providing sewer service to all properties within the District service area; and, B. That the financial and engineering reports of the Master Plan have been made available to the public and been subject to noticed public hearings, all in accordance with the provisions of Government Code Section 54992 and other provisions of law; and, C. That the revenues derived under the provisions of this Ordinance will be used for the acquisition, construction, reconstruction, maintenance and operation of the sewage collection facilities, wastewater treatment and disposal facilities of the District; to repay principal and interest on debt instruments or to repay Federal or State loans issued for the construction and reconstruction of said sewerage facilities, together with costs of 1 administration and provisions for necessary reserves; and, D. That the properties upon which the fees established by this ordinance are levied, discharge wastewater to the District's collection, treatment and disposal facilities. The costs of operating and maintaining said facilities has constantly increased due in part to increased regulatory requirements to upgrade the treatment process, and said costs now exceed the amounts of any ad valorem tax revenues received from said properties; and, E. That the need for upgraded and improved treatment of all wastewater collection, treatment and disposal facilities is required to protect the public health and safety to preserve the environment without damage; and, F. That the new fees established by this Ordinance do not exceed the estimated amount required to provide the sewer service for which the fee is levied, as provided in Government Code Sections 54991 and 54992 ; and, G. That the change in rate structure will not necessarily result in an expansion of facilities to provide for growth outside the existing service area. The adoption of these rates will not result in any specific project nor result in a direct physical change in the environment; and, H. That the District has, on July 19, 1989, adopted a Final Program Environmental Impact Report in accordance with legally required notices and public hearing, relating to the Master Plan, including the financial program; and, I. That the proposed increases in the sewer service charges 2 are established upon a rational basis between the fees charged each customer and the service and facilities provided to each new customer to the District; and, J. That the adoption of this Ordinance is statutorily exempt under the California Environmental Quality Act from further environmental assessment pursuant to the provisions of California Public Resources Code Section 21080(b) (8) and California Code of Regulations Section 15273 (a) . NOW, THEREFORE, the Board of Directors of County Sanitation District No. 2 of Orange County, California, does hereby ORDAIN: 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, wastewater treatment and disposal facilities of the District; to repay principal and interest on debt instruments or to repay Federal or State loans issued for the construction and reconstruction of said sewerage facilities, together with costs of administration and provisions for necessary reserves. Section 2 : Annual Sanitary Sewer Service Charge. Commencing July 1, 1990, each parcel of real property located within the District which is improved with structures designed for 3 residential, 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 Ordinance shall be in addition to Ordinance Nos. 208 and 209 and Resolution Nos. 89-110-2 and 89-128-2 of the District establishing regulations for use of District's sewerage facilities, including provisions for payment of charges or fees related thereto. Section 4 : Exceptions. 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, except as expressly provided in Section 5 hereof. 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 4 (120) days after the annual bill is mailed. All applications for rebate of the annual sewer service charge will be determined by the General Manager of the District or his designee, who may grant a partial or full rebate or adjustment of the charge based on receiving satisfactory proof that an inequity exists between the amount and the amount of wastewater discharged to the District's system. 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's 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 remain in effect until such time as the rates adopted by the District Ordinance are changed, and there shall be no proration of such charges in any fiscal year. Section 7: Method of Collection. Pursuant to the authority granted by California Health & Safety Code Section 5473, all charges established herein shall be collected on the County Tax Roll in the same manner, by the same persons and at the same time 5 as, together with and not separately from, its general taxes. The County Tax Collector is authorized and hereby ordered to make said collections in accordance with the terms and conditions of agreements between the County of Orange and this District. In the event the District determines that errors or inequities exist in the amount of charges to be collected by the County Tax Collector, District may submit a bill for any difference directly to the property owner. Said invoiced amount shall be due and payable within thirty (30) days of invoice date. Section 8: Credit for Industrial Permittees. A credit shall be allowed to all dischargers permitted pursuant to Article 3 of Ordinance No. 208 in an amount equal to the annual sanitary sewer service charge established by Section 2 of this Ordinance in the same manner as credit is allowed for ad valorem taxes pursuant to Sections 302 .6 (B) , 303 .6(B) , and 304.6 (B) (4) of Ordinance No. 208. Section 9: Severability. If any provisions of this Ordinance or the application to any person or circumstance is held invalid 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 10: Effective Date. This Ordinance shall become effective July 1, 1990. Section 11: The Secretary of the Board 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. 6 PASSED AND ADOPTED by the affirmative vote of greater than two-thirds of the Board of Directors of County Sanitation District No. 2 of Orange County, California, at a regular meeting held February 14, 1990. Chairman of the BoaAA of irectors County Sanitation Iristrict No. 2 of Orange County, California ATTEST: Secretary o the Board of Directors County Sanitation District No. 2 of Orange County, California 7 SABLE A Class of Basis of 1990-91 Minimum Annual User Charge Annual Rate Charge Per Unit Single-Family Charge per $55.00 $55. 00 Dwellings/ Dwelling Unit Condominiums Multi-Family Charge per $33. 00 $33. 00 Dwellings/ Dwelling Unit Mobile Homes/ Apartments Commercial/ Charge per 1,000 $39.00 $39.00 Industrial/ square feet of Other building (government buildings, utilities, nonprofit organizations, etc. ) STATE OF CALIFORNIA) ) SS. COUNTY OF ORANGE ) 1 , RITA J. BROWN, Secretary of the Board of Directors of County Sanitation District No. 2 of Orange County, California, do hereby certify that the above and foregoing Ordinance No. 210 was passed and adopted at a regular meeting of said Board on the 14th day of February, 1990, by the following vote, to wit: AYES: Roland E. Bigonger, Chairman, A. B. "Buck" Catlin, Dan Griset, William D. Mahoney, James Neal , Carrey J. Nelson, Arthur G. Newton, Bob Perry, Iry Pickler, Don E. Smith, and Roger R. Stanton NOES: None ABSTENTIONS: None ABSENT: Wayne Silzel IN WITNESS WHEREOF, 1 have hereunto set my hand this 14th day of February, 1990. Rite Secretary of the Board of Directors County Sanitation District No. 2 of Orange County, California