HomeMy WebLinkAboutOrdinance No. 1125 ORDINANCE NO. 1125
AN ORDINANCE OF THE BOARD OF DIRECTORS OF COUNTY
SANITATION DISTRICT NO. 11 OF ORANGE COUNTY,
CALIFORNIA ESTABLISHING INCREASED SANITARY SEWER
SERVICE CHARGES
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 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 10 years of 1997-98 to 2006-07, 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,
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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,
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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 State General Fund as a result of state legislative action on
September 2, 1992, and in subsequent years.
NOW, THEREFORE, the Board of Directors of County Sanitation District No. 11
of Orange County, California, does hereby ORDAIN as follows:
Section 1: Puroose. 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
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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. 1116 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 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:
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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 n 8: Credit for Industrial Permittees. A credit shall be allowed to all
discharges permitted pursuant to Article 3 of Ordinance No. 1116, 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. 1116.
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Section Severabili . 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. 1108 and 1115 that are consistent herewith and that the fees and
charges established by this Ordinance No. 1125, 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. 1115 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. 11 of Orange County, California, at a regular meeting held May 28, 1997,
Chaired of Director,/
County Sa�ation District No. 11 of Orange
County, California
ATTE
Secretary f(t oa FA of Directors
County Sanit on District No. 11 of
Orange County, California
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TABLE A
ANNUAL SEWER SERVICE USER FEES
1992-93 THROUGH 1996-97
COUNTY SANITATION DISTRICT NO. 11
Adopted by Ordinance No. 1115 September 16, 1992
To remain in effect
COMMERCIAL,
SINGLE FAMILY MULTI-FAMILY INDUSTRIAL,
RESIDENTIAL RESIDENTIAL GOVERNMENTAL,
FISCAL YEAR PER UNIT PER UNIT NON-RESIDENTIAL
19924993/1996-1997 $60.00 $36.00 $42.9011,000 sq.ft.
ANNUAL SEWER SERVICE USER FEES
1997-98 THROUGH 200"7
COUNTY SANITATION DISTRICT NO. 11
........... COMMERCIAL_
SINGLE FAMILY = MULTIFAMILY INDUSTRIAL,..........
RESIDENTIAL RESIDENTIAL GOVERNMENTAL,
FISCALYEAR PER UNIT PER UNIT NON-RESIDENTIAL
1997-1998 $ 70.00 $ 42.00 $ 50.0511,000 sq.ft.
1998-1999 $ 80.00 $ 48.00 $ 57.20/1,000 sq.ft.
1999-2000 $ 90.00 $ 54.110 $ 64.35/1,000 sq.ft.
2000-2001 $10125 $ 60.75 $ 72.39/1,000 sq.ft.
2001-2002 $113.91 $ 68.35 $ 8IA5/1,000sq.ft.
2002-2003 $125.02 $ 75.01 $ 89.39/1,000 sq.ft.
2003-2004 $13721 $ 82.33 $ 98.11/1,000 sq.ft.
2004-2005 $150.58 $ 90.35 $107.6611,000 sq.ft.
2005-2006 $165.26 $ 99.16 $118.1611,000 sq.ft.
200e-2007 $181.37 $108.82 $129.68/1,000 sq.ft.
STATE OF CALIFORNIA )
)SS.
COUNTY OF ORANGE )
I, PENNY KYLE, Secretary of the Board of Directors of County Sanitation District
No. 11 of Orange County, California, do hereby certify that the above and foregoing
Ordinance No. 1125 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: Shirley Dettloff, Chair; Dave Sullivan, William G. Steiner
NOES: None
ABSENT: None
IN WITNESS WHEREOF, I have hereunto set my hand this 28th day of May,
1997. >
Penny Kyle
Secretary of B of Directors of County
Sanitation District No. 11 of Orange County,
California
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