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HomeMy WebLinkAboutOrdinance No. 223 ORDINANCE NO. 223 AN ORDINANCE OF THE BOARD OF DIRECTORS OF COUNTY SANITATION DISTRICT NO. 2 OF ORANGE COUNTY, CALIFORNIA ESTABLISHING INCREASED 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 - 1989", hereinafter referred to as 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, both prior to and subsequent to the adoption of the Master Plan, and have been subject to noticed public hearings, all in accordance with the provisions of Government Code Section 66016, and other provisions of law; and, C. That the Joint Districts have commenced comprehensive planning, engineering and financial studies to develop an updated Comprehensive Master Plan of Capital Facilities, which studies are referred to as the Districts' "Strategic Plan"; and, D. That the District has undertaken and completed specific financial studies relating to the capital needs, as well as the operation and maintenance needs of the facilities and system for the 5 years of 1997-98 to 2001-2002; and, E. That the financial requirements of the District, as shown in the current reports prepared by Staff and Consultants relating to the Strategic Plan, are based on current, reliable information and data relating to population projections, wastewater flow and capital facilities needs and are expected to be realized in each year of the report; and, 1 F. 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, wastewater treatment and disposal facilities of the District, to repay principal and interest on debt instruments; or to repay federal and state loans issued for the construction and reconstruction of said sewerage facilities, together with costs of administration and provisions for necessary reserves; and, G. That the owners or occupants of 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 have constantly increased due in part to increased regulatory requirements to upgrade the treatment process; and, H. 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, and to preserve the environment without damage; and, I. That the charges established and levied by this Ordinance are to allow the District to recover the reasonable costs to provide a service to individual parcels of real property which have been improved for any of multiple types of uses. The basis for the respective charge is the request of the owner of a parcel, for the benefit of him/herself or the occupants of the property, to receive a service based upon actual use, consumption and disposal of water to the District's system in lieu of disposal by other means, and, J. That the new fees established by this Ordinance do not exceed the estimated reasonable cost to provide the sewer service for which the fee is levied, as provided in Government Code Sections 66013 and 66016; and, K. That the change in rate schedules 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, 2 L. 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, M. 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); and, N. 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, a portion of which are necessary to replace the loss of ad valorem property taxes which have been diverted from the District to the Slate General Fund as a result of slate legislative action on September 2, 1992, and in subsequent years. NOW, THEREFORE, the Board of Directors of County Sanitation District No. 2 of Orange County, California, does hereby ORDAIN as follows: 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 wastewater collection, treatment and disposal facilities of the District; to repay principal and interest on debt instruments; or to repay federal and 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, 1997, the owner of each parcel of real property located within the District which is improved with structures designed for residential, commercial or industrial use and which, at the request of the owner or the owner's predecessor-in-interest, is connected 3 to the District's system, shall pay an annual sanitary sewer service charge based on the respective 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 the provisions of Ordinance No. 214 of the District, establishing Wastewater Discharge Regulations for use of District's sewage facilities, including provisions for payment of charges or fees related thereto, and any other Ordinances and Resolutions not in conflict herewith. Section 4: Exceptions. The provisions of this Ordinance shall apply to all owners of 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 the owners of certain legal parcels of real property within the District have not requested to be connected to the District's system, and the property receives no service from the District, and that the owners of other properties acquire considerably greater potable water than is ultimately discharged to the District's system, it is the intent of the District that the owners of said parcels be exempt, totally or in part, from the payment of charges as prescribed herein. Any property owner may appeal the levy of the charges adopted herein, and if the charges have been paid to the Orange County Tax Collector, together with property taxes, the owner may 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 property tax 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 of the charge and the amount of wastewater discharged to the District's systems. Such inequities may include, but are not limited, to the following instances: 4 A. The owner's parcel of property is not connected to the District's system; B. The use of the parcel differs from the use indicated by the charge; 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 charges established by this Ordinance shall be effective as of July 1 of each year, as set forth in Table A, for the District's fiscal year and shall remain in effect until such time as the rates adopted herein are changed by District ordinance. 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 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 District determines that errors or inequities exist in the amount of charges 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 discharges permitted pursuant to Article 3 of Ordinance No. 214, as amended, 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. 214. 5 Section 9: Severability. If any provision 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 June 30, 1997. Section 11: It is the intent of the District in adopting this Ordinance, that it shall constitute a republication and not a reenactment of those provisions contained in Ordinances Nos. 210 and 216 that are consistent herewith and that the fees and charges established by this Ordinance No. 223, Table A, shall be supplemental to and constitute an increase in fees only to the extent of any actual increase above the fees and charges set by prior District Ordinance No. 216 which remains in effect. Section 12: The Secretary of the Board shall certify to the adoption of this Ordinance and shall cause a summary of the same to be published in a newspaper of general circulation in the District, as required by law. PASSED AND ADOPTED by the Board of Directors of County Sanitation District No. 2 of Orange County, California, at a regular meeting held ay 28, 1997. Chair o Boa of D �cto s Coun anitation District No. 2 of Orange County, California ATTES Secretary oft* B d of Directors County Sam io istrict No. 2 of Orange County, California H'.\W P.DTANDMIN�BS\ORDla7TORD223.W PD 6 TABLE A ANNUAL SEWER SERVICE USER FEES 1992-93 THROUGH 1996-97 COUNTY SANITATION DISTRICT NO, 2 Adopted by Ordinance No. 216. September 16. 1992 To remain in effect COMMERCIAL, SINGLE FAMILY MULTI-FAMILY INDUSTRIAL, RESIDENTIAL RESIDENTIAL GOVERNMENTAL, FISCAL YEAR PER UNIT PER UNIT NON-RESIDENTIAL 1992-199311996-1997 $71.52 1 $42.91 t51.14/1,000 sq.ft. ANNUAL SEWER SERVICE USER FEES 1997-98 THROUGH 2O01-02 COUNTY SANITATION DISTRICT NO. 2 COMMERCIAL, r- SINGLE FAMILY MULTI-FAMILY INDUSTRIAL, RESIDENTIAL RESIDENTIAL GOVERNMENTAL, FISCAL YEAR PER UNIT PER UNIT NON-RESIDENTIAL '.. 1997-1998 $73.00 $43.80 $52.2011,000 sq.ft. 1998-1999 $75.00 $45.00 $53.63/1,000 sq.ft. 1999-2000 $77.00 $46.20 $55.06/1,000 sq.ft. 2000-2001 $80.00 $48.00 $57.2011,000 sq. ft. 2001-2002 $82.00 $49.20 $58.63/1,000 1q.ft. STATE OF CALIFORNIA ) )SS. COUNTY OF ORANGE ) I, PENNY KYLE, 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. 223 was passed and adopted at a regular meeting of said Board on the 28th day of May, 1997, by the following vote, to wit: AYES: Norman Z. Eckenrode, Chair; Steve Anderson, John Collins, Barry Denes, Burnie Dunlap, Pat McGuigan, Sheldon S. Singer, William G. Steiner, Hank Wedaa NOES: Mark A. Murphy, Bob Zemel ABSENT: Chris Norby IN WITNESS WHEREOF, I have hereunto set my hand this 28th day of May, 1997. O, Penny Kyl Secretary Ue'Bidrd of Directors of County Sanitation District No. 2 of Orange County, California H%WP➢TAN MIN88 ROl9T .223 ,I