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HomeMy WebLinkAboutOrdinance No. 1303 ORDINANCE NO. 1303 AN ORDINANCE OF THE BOARD OF DIRECTORS OF COUNTY SANITATION DISTRICT NO. 13 OF ORANGE COUNTY, CALIFORNIA ESTABLISHING SANITARY SEWER SERVICE CHARGES AND REPEALING SECTIONS 703, 704, 705 AND 706 OF ORDINANCE NO. 1301 The Board of Directors of County Sanitation District No. 13 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. That the new sewer use 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. The Board of Directors of County Sanitation District No. 13 of Orange County, California, does hereby ORDAIN: Section 1: Sections 703, 704, 705 and 706 of Ordinance No. 1301, are hereby repealed. Section 2: 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 -1- 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 3: Annual Sanitary Sewer Service Charge. Commencing July 1, 1988, each parcel of real property located within the District which is Improved with structures designed for residential , commercial or industrial use and 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 4: Application of Ordinance. The provisions of this Ordinance shall be in addition to Ordinance No. 1301 of the District establishing regulations for use of District's sewage facilities, including provisions for payment of charges or fees related thereto. Section 5: 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 6 hereof. Section 6: Exemptions and Appeals. In recognition that certain legal parcels of real property exist within the District which are not connected to -2- o 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 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 7: 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 adapted by the District ordinance are changed, and there shall be no proration of such charges in any fiscal year. -3- Section 8: Method of Collection. Pursuant to the authority granted by California Health and Safety Code Section 5473 and District's Resolution adopted, as authorized by 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 terns 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 9: Credit for Industrial Permittees. A credit shall be allowed to all discharges permitted pursuant to Article 3 of Ordinance No. 1301 in an amount equal to the annual sanitary sewer service charge established by Section 3 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. 1301. Section 10: This Ordinance shall become effective July 1, 1988. ., 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. -4- PASSED AND ADOPTED by the Board of Directors of County Sanitation District No. 13 of Orange County, California, at an adjourned regular meeting held June 1, 1988. hairman oor t ar of Directors County Sanitation District No. 13 of Orange County, California ATTEST: Secretary of the 'Board of Directors County Sanitation District No. 13 of Orange County, California -5- TABLE A ORDINANCE NO. 1303 Basis of Minimum Annual Charge Annual Rate Charge Per Unit Single-Family Charge per $78.40 $78.40 Dwellings Dwelling Unit Multi-Family Charge per $47.04 $47.04 Dwellings/Mobile Dwelling Unit Homes Commercial/ Charge per 1,000 $56.12 $56.12 Industrial/Other square feet of (government building buildings, utilities, nonprofit organizations, etc.) STATE OF CALIFORNIA) ) SS. COUNTY OF ORANGE ) I, RITA J. BROWN, Secretary of the Board of Directors of County Sanitation District No. 13 of Orange County, California, do hereby certify that the above and foregoing Ordinance No. 1303 was passed and adopted at an adjourned regular meeting of said Board on the 1st day of June, 1988, by the following vote, to wit: AYES: Todd Murphy, Chairman, Ben Bay, Don E. Smith and John Sutton NOES: None , ABSTENTIONS: None ABSENT: Don R. Roth IN WITNESS WHEREOF, I have hereunto set my hand this 1st day of June, 1988. Rita<Qt�Brown J. Secretary of the Board of Directors County Sanitation District No. 13 of Orange County, California