HomeMy WebLinkAboutOrdinance No. 213 ORDINANCE NO. 213
AN ORDINANCE OF THE BOARD OF DIRECTORS OF
COUNTY SANITATION DISTRICT NO. 2 OF ORANGE
COUNTY, CALIFORNIA, AMENDING ORDINANCE NO.
210 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 - 1959, " hereinafter the "Master Plan, " which includes
detailed financial and engineering reports, has been prepared,
approved and adopted by the Board of Directors Betting forth and
identifying the required future development of District and
jointly-owned facilities, including the financial projections for
providing Bewer 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 have been subject
to noticed public hearings, all in accordance with the provisions
of Government Code Section 54992 which Section has been repealed
and reenacted as Government Code Section 66016 effective January
1, 1991 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
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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; 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 which Sections have been repealed and
reenacted as Government Code Sections 66013 and 66016; 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, related to the Master Plan,
including the financial program; and,
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I. That the proposed increases in the sewer service charges
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 Sections 15273 (a) .
NOW, THEREFORE, the Board of Directors of County Sanitation
District No. 2 of Orange County, California, does hereby ORDAIN:
Section 1: Section 1 of Ordinance No. 210 is hereby amended
to read:
"Section 1: Purpose. The purpose of this Ordinance is to
amend the established 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 : Section 2 of Ordinance No. 210 is hereby amended
to read:
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"Section 2: Annual Sanitary Sewer Service Charge. Commencing
July 1, 1991, each parcel of real property located within the
District which is improved with structures designed for
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: If any provision of this Ordinance or the
application to any person or circumstances 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 4 : Effective Date. This Ordinance shall become
effective July 1, 1991.
Section 5: The Secretary of the Board shall certify to the
adoption of this Ordinance and shall cause a summary to be
published in a newspaper of general circulation in the District,
as required by law.
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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
May 8, 1991.
y
Chairman of the Board of Directors
County Sanitation District No. 2
of Orange County, California
ATTEST:
Secretary Board
County Sanitation District No. 2
of Orange County, California
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TABLE A
ORDINANCE NO. 213
Class of Basis of 1991-92 Minimum Annual
User Charge Annual Rate Charge Per Unit
Single-Family Charge per $60.00 $60.00
Dwellings/ Dwelling Unit
Condominiums
Multi-Family Charge per $36.00 $36.00
Dwellings/ Dwelling Unit
Mobile Homes/
Apartments
Commercial/ Charge per $42.90 $42.90
Industrial/ 1,000 square
Other feet of building
(Government
buildings,
utilities,
nonprofit
organizations,
etc. )
STATE OF CALIFORNIA)
) SS.
COUNTY OF ORANGE )
I, 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. 213 was passed and adopted at a regular
meeting of said Board on the Bth day of May, 1991, by the following vote,
to wit:
AYES: Iry Pickler, Chairman, Fred Barrera, Bob Bell , A. B. "Buck"
Catlin, John Collins, William D. Mahoney, Robert H. Main,
Carrey J. Nelson, Arthur G. Newton, Miguel Pulido, Mark
Schwing and Roger R. Stanton
NOES: None
ABSTENTIONS: None
ABSENT: None
IN WITNESS WHEREOF, 1 have hereunto set my hand this 8th day of May, 1991.
Rita J.
Secretary of the Board of Directors
County Sanitation District No. 2
of Orange County, California