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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