ORDINANCE NO. 15

ORDINANCE AND ORDER OF THE GOVERNING BOARD OF THE SUMMERLAND SANITARY DISTRICT AMENDING ORDINANCE NO. 9 AND REVISING AND AMENDING CERTAIN SEWER SERVICE CHARGES ESTABLISHED BY ORDINANCE NO. 9

Be it ordained by the Governing Board of SUMMERLAND SANITARY DISTRICT as follows:

RECITALS

• A. The Board of Directors (“Governing Board”), in accordance with applicable law (including but not limited to Sections 5471, 6520.5, respectively, of the California Health and Safety Code, and Sections 53750, et seq. of the California Government Code), desires to amend and update its Ordinance No. 9 pertaining to the adoption and collection of sewer service rates and charges; and
• B. The Board has given the notices required by law with the prescribed time, has held a public hearing as required, has received competent evidence concerning the proposed rates, and has determined that there is no majority protests;
• C. The Board desires to repeal those portions of prior sewer service charge ordinances of the District which are inconsistent with the provisions herein; and
• D. The Board hereby makes the following findings of fact following the public hearing referred to in Recital B:

a. The revenues derived from the sewer service rates and charges provided in this Ordinance do not exceed the amount required to provide the service for which the rates and charges are imposed.
b. The revenues derived from the sewer service rates and charges shall be used in accordance with laws governing the District and shall not be used for any purpose other than that for which the rates and charges are imposed.
c. The amount of the sewer service rates and charges imposed upon any parcel do not exceed the proportional cost of service attributable to the parcel.
d. Sewer service is actually used by or immediately available to the owners of parcels upon which the sewer service rates and charges are imposed.
e. The sewer service rates and charges are imposed for the use of the District’s sanitary sewer facilities and not for general governmental services.
f. The District has complied with the procedural requirements of section 6 of the Article XIII D of the California Constitution in enacting this ordinance.

NOW, THEREFORE, BE IT ORDAINED as follows:
Sewer Service Rates and Charges
Section 1. Amendment to Ordinance No. 9

Ordinance No. 9 is hereby amended to reflect the schedule of sewer service charges that have been approved and adopted by the Board of Directors of the Summerland Sanitary District at its public hearing held on June 13, 2013.

“Section 2. Sewer Service Rates and Charges. The following are annual sewer service charges. To compute the monthly rate, divide the specified number by twelve (12).”

When, in the opinion of the District Board and General Manager a non-residential charge appears to be inequitable, the District may elect to charge based on water consumption and on the appropriate strength factor. For example, the strength factor for a restaurant is 2.3, while most other user categories have a strength factor of 1.0

Lift Station Charges

For each parcel of property that is served by a lift station, the following charges will be imposed beginning on July 1, 2013. The lift station charge shall be in addition to the user classification fee imposed as addressed in Section 2.

For fiscal year 2013/2014 $ 400.00
For fiscal year 2014/2015 $ 800.00
For fiscal year 2015/2016 $1,200.00

The rates hereinabove set forth shall be effective as of July 1, 2013. This declaration of the effective date shall not change the lien date as set forth in Health and Safety Code § 5473.5.

Section 3.

In all other respects, Ordinance No. 9 shall remain in full force and effect as adopted.

Exemption From CEQA

Pursuant to Section 21080(8) of the Public Resources Code and 14 Cal. Code Regs. Section 15273(a), the Board finds and determines that: (a) the establishment of the charges, rates and fees imposed by this Ordinance are exempt from the requirements of the California Environment Quality Act (CEQA) for the reasons set forth in Section 21080 of the Public Resources Code; and (b) the changes, rates and fees adopted hereby are for the purposes set forth in the above-cited provisions.

Publication and Effective Date
1. This Ordinance shall be published or posted in accordance with California Health and Safety Code Section 6490 and shall be effective as of July 1, 2013.

PASSED AND ADOPTED by the Governing Board of SUMMERLAND SANITARY DISTRICT this 13th day of June, 2013, by the following vote:
AYES: 4
NAYS: 0
ABSENT: 1
Jolene Colomy, President
Board of Directors
SUMMERLAND SANITARY DISTRICT
ATTEST:
Betty Franklin, Secretary
Board of Directors
SUMMERLAND SANITARY DISTRICT