HomeMy WebLinkAboutOrdinance No. 309 ORDINANCE NO. 309
AN ORDINANCE OF THE BOARD OF DIRECTORS
OF COUNTY SANITATION DISTRICT NO. 3 OF
ORANGE COUNTY, CALIFORNIA, ESTABLISHING
SANITARY SEWER SERVICE CHARGES
The Board of Directors of County Sanitation District No. 3 of Orange
County, California, does hereby FIND:
A. That a financial and engineering report has been prepared setting forth
the financial projections for providing sewer service to properties within the
District; and
B. That the financial and engineering reports have been made available to
the public in accordance with the provisions of Government Code Section 54992;
and
C. 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; 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
-I-
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. The establishment of the charges herein are for the purpose of
(1) meeting operating and maintenance expenses of the District, including
employee wages and benefits; (2) purchasing and leasing of supplies, materials
and equipment; and (3) meeting financial reserve needs and requirements, all as
more particularly set forth in the Staff Report dated January 18, 1989 and
attached Schedules, and the current fiscal year Joint Operating and District
Budgets, considered by the Board as a part of the proceedings to adopt this
Ordinance. Based thereon, the adoption of this Ordinance is exempt from the
provisions of the California Environmental Quality Act, Section 21080(8).
NOW, THEREFORE, the Board of Directors of County Sanitation District No. 3
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 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, 1989,
each parcel of real property located within the District which is improved with
structures designed for residential , commercial or industrial use and connected
-2-
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 No. 306 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. 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 (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
-3-
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 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 and 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 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
-4-
all dischargers permitted pursuant to Article 3 of Ordinance No. 306 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 Section 302.6, 303.6 and 304.5(B)(4) of Ordinance
No. 306.
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 July 1,
1989.
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.
PASSED AND ADOPTED by the Board of Directors of County Sanitation District
No. 3 of Orange County, California, at a regular meeting held March 8, 1989.
ha 'man of the Board -of Directors
County Sanitation District No. 3
of Orange County, California
ATTEST:
Secretary of the Board of Directors
County Sanitation District No. 3
of Orange County, California
-5-
TABLE A - ORDINANCE NO. 309
Basis of Minimum Annual
Charge Annual Rate Charge Per Unit
Single-Family Charge per $30.36 $30.36
Dwellings/ dwelling unit
Condominiums
Multi-Family Charge per 18.22 18.22
Dwellings/Mobile dwelling unit
Homes/Apartments
Commercial/ Charge per 1,000 21.71 21.71
Industrial/Other square feet of
(government building
buildings,
utilities,
non-profit
organizations,
etc.)
STATE OF CALIFORNIA)
) SS.
COUNTY OF ORANGE )
I, RITA J. BROWN, Secretary of the Board of Directors of County
Sanitation District No. 3 of Orange County, California, do hereby certify that
the above and foregoing Ordinance No. 309 was passed and adopted at a regular
meeting of said Board on the 8th day of March, 1989, by the following vote,
to wit:
AYES: Richard T. Polls, Chairman, Edward L. Allen, Wes Bannister,
A. B. "Buck" Catlin, Norman E. Culver, Don R. Griffin, Dan
Griset, John Kanel , William D. Mahoney, James Neal , Carrey J.
Nelson, Iry Pickler, Don R. Roth, J. R. "Bob" Siefen,
Charles E. Sylvia and Edna Wilson
NOES: None
ABSTENTIONS: None
ABSENT: None
IN WITNESS WHEREOF, I have hereunto set my hand this 8th day of March, 1989.
Rita j. brown-
Secretary of the Board of Directors
County Sanitation District No. 3
of Orange County, California