HomeMy WebLinkAboutOrdinance No. 528 ORDINANCE NO. 528
AN ORDINANCE OF THE BOARD OF DIRECTORS OF'COUNTY
SANITATION DISTRICT NO. 5 OF ORANGE COUNTY, CALIFORNIA,
AMENDING ORDINANCE NO. 516 ESTABLISHING SANITARY
SEWER SERVICE CHARGES AND REPEALING ORDINANCE NO. 525
The Board of Directors of County Sanitation District No. 5 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 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 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 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 and 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 have constantly increased due in
part to increased regulatory requirements to upgrade the treatment process; 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 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,
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, a portion of which are necessary to
replace the loss of ad valorem property taxes which have been diverted from the District
to the State General Fund as a result of state legislative action on September 2, 1992;
and,
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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. 5 of
Orange County, California, does hereby ORDAIN:
Section1: Section 1 of Ordinance No. 516 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
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: Section 2 of Ordinance No. 516 is hereby amended to read:
"Section 2: Annual Sanitary Sewer Service Charce. Commencing October 15,
1992, each parcel of real property located within the District which is improved
with structures designed for residential, commercial or industrial use and
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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 orsums as set forth in Table A of this Ordinance."
Section 3: If any provision of this Ordinance or the application thereof to any
person or entity is held invalid by order of court, the remainder of the Ordinance or the
application of such provision to other persons or entities shall not be affected.
Section : Effective Date. This Ordinance shall become effective
October 16, 1992.
Section 5: Ordinance No. 525 is hereby repealed.
Section 6: 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. 5 of Orange County, California, at
an adjourned regular meeting held September 16, 1992.
Chairman of thU Board of Directors
County Sanitation District No. 5
of Orange County, California
ATTEST:
Assistant Se etar f the Board of Directors
County Sanitation District No. 5
of Orange County, California
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DISTRICT NO, 5 September 16, 1992
TABLE A
CLASS OF BASIS OF 1992-93 MINIMUM ANNUAL
USER CHARGE ANNUAL RATE CHARGE PER UNIT
Single-Family Charge per $96.75 $96.75
Dwellings/ Dwelling Unit
Condominiums
Multi-Family Charge per $58.05 $58.05
Dwellings Dwelling Unit
Mobile Homes/
Apartments
Commercial/ Charge per $69.18 $69.18
Industrial/ 1,000 square
Other feet of building
(government
Buildings,
utilities,
non-profit
organizations,
etc.)
STATE OF CALIFORNIA)
) SS.
COUNTY OF ORANGE )
I , PENNY KYLE, Assistant Secretary of the Board of Directors of County
Sanitation District No. 5 of Orange County, California, do hereby certify that
the above and foregoing Ordinance No. 528 was passed and adopted at an adjourned
regular meeting of said Board on the 16th day of September, 1992, by the
following vote, to wit:
AYES: Ruthelyn Plummer, Chairman, John C. Cox, Jr.
NOES: Don R. Rath
ABSTENTIONS: None
ABSENT: None
IN WITNESS WHEREOF, I have hereunto set my hand this 16th day of September,
1992.
itt
Penny Kyle, A ant Secretary
Board of DYrectbFs of County
Sanitation District No. 5
of Orange County, California