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HomeMy WebLinkAboutOrdinance No. 1118 ORDINANCE NO. 1118 /- - AN ORDINANCE OF THE BOARD OF DIRECTORS OF COUNTY SANITATION DISTRICT NO. 11 OF ORANGE COUNTY, CALIFORNIA, AMENDING ORDINANCE NO. 1108 ESTABLISHING SANITARY SEWER SERVICE CHARGES AND REPEALING ORDINANCE NO. 1115 The Board of Directors of County Sanitation District No. 11 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, 2 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. 11 of Orange County, California, does hereby ORDAIN: Section 1: Section 1 of Ordinance No. 1108 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. 1108 is hereby amended to read: "Section 2: Annual Sanitary Sewer Service Charge. 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 3 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 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 4: Effective Date. This Ordinance shall become effective October 16, 1992. Section 5: Ordinance No. 1115 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. 4 PASSED AND ADOPTED by the affirmative vote of greater than two-thirds of the Board of Directors of County Sanitation District No. 11 of Orange County, California, at a regular meeting held , 1992. Chairman of the Board of Directors County Sanitation District No. 11 of Orange County, California ATTEST: Secretary of the Board of Directors County Sanitation District No. 11 of Orange County, California 5 DISTRICT NO. 11 September 16. 1992 TABLE A CLASS OF BASIS OF 1992-93 NHNIMUM ANNUAL USER CHARGE ANNUAL RATE CHARGE PER UNIT Single-Family Charge per $72.47 $72.47 Dwellings/ Dwelling Unit Condominiums Multi-Family Charge per $43.48 $43.48 Dwellings Dwelling Unit Mobile Homes/ Apartments Commercial/ Charge per $51.82 $51.82 Industrial/ 1,000 square '.' Other feet of building (government '. Buildings, utifitits. '.'.. non-profit organizaflons, etc.)