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repealed.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
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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
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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.
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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.
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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
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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