HomeMy WebLinkAbout1995-102
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RESOLUTION NO.
95-102
2 RESOLUTION OF THE CITY OF SAN BERNARDINO AMENDING RESOLUTION
NO. 89-510 ENTITLED IN PART "RESOLUTION ... . ESTABLISHING SEWER
3 CONNECTION AND INSPECTION FEES ... "TO AUTHORIZE A REDUCTION IN THE
SEWER CONNECTION FEE DESIGNATED FOR CONNECTION AND IMPROVEMENTS OF
4 THE WASTEWATER TREATMENT PLANT TO CONNECT TO THE CITY'S SEWER, AND
FIXING AND ESTABLISHING CREDIT FOR SEWER STAND-BY CHARGES FOR USERS
5 LOCATED WITHIN THE CITY LIMITS AND ARE WITHIN 200 FEET OF AND
SITUATED ON REAL PROPERTY ADJOINING AN EXISTING SEWER SYSTEM AND
6 NOT CONNECTED THERETO, EFFECTIVE MARCH 1, 1995, AND REPEALING
RESOLUTION 94-391.
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WHEREAS, Article VIII, Section 134 of the City Charter,
empowers the Mayor and Common Council to set user charge fees for
the
equitable
costs
distribution
of
all
associated
with
the
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wastewater collection and treatment system; and
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WHEREAS, current rates set forth in the Resolution No. 94-391
dated December 19, 1994, Section 1, subsection C. were frozen at
rates in effect on October 1, 1993;
and
WHEREAS,
Draft
and a
Sewer
and Water
Revenue
Program
a
Financing Plan were prepared to evaluate the capital charges and
user fees necessary to generate needed revenue to upgrade the
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treatment facility to achieve compliance with federal and state
regulations; and
WHEREAS, the Mayor and Common Council finds as follows:
a) The City is operating under a cease and desist order
issued in May 1990, by the California Regional Water
Quality Control Board to improve the quality of effluent
discharged to the Santa Ana River; tertiary treatment is
required.
b) The current sewer user charges and connection charges
were frozen at rates in effect on October 1, 1993.
c) John Carollo Engineers prepared the 1987 Focused Facility
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1 RESOLUTION OF TIlE CITY OF SAN BERNARDINO AMENDING RESOLUTION NO., 89.510 ENTITLED IN PART
"RESOLUTION ESTABLISHING SEWER CONNECTION AND INSPECTION FEES DESIGNATED FOR ...
AND FIXING AND ESTABLISHING CREDIT FOR SEWER STANDBY CHARGES FOR USERS WCA TED WlTIlIN TIlE CITY
2 LIMITS AND ARE WTI1IIN 200 FEET....EFFECTIVE MARCH 1. 1995. AND REPEALING RESOLUTION 94.391.
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Master Plan, and updates, identifying the capital project
necessary for compliance.
d)
The sewer capacity fee for the connection to the
Wastewater Treatment Plant will be charged to new users
to cover the capital projects, including financing costs,
for both expanding, upgrading and improving the system.
e)
It is appropriate and necessary to provide for wastewater
collection and treatment in the City; new facilities must
be constructed to meet regulatory requirements; and new
development has not contributed its fair share toward the
cost of these facilities.
f)
The Sewer Financing Plan Update and Connection Charge
Review has recommended the reduction of connection
charges to reflect the lower total capital costs as a
result of low construction bids for the tertiary and
primary hydraulic reliability projects; the deferral of
plant secondary treatment expansion; the postponement or
elimination of the ammonia and nitrogen upgrade project;
the receipt of State revolving loan funds in-lieu of
costlier loans; and bonded debt to construct required
tertiary treatment facilities.
g)
The facts and evidence presented establish that there is
a reasonable relationship between the need for the new
described public facilities and the impacts of new
March 27, 1995
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-",'--
1 RESOLUTION OF TIlE CITY OF SAN BERNARDINO AMENDING RESOLUTION NO.. 89-510 ENTITLED IN PART
"RESOLUTION ESTABLISHING SEWER CONNECTION AND INSPECTION FEES DESIGNATED FOR ...
2 AND FIXING AND ESTABLISHING CREDIT FOR SEWER STANDBY CHARGES FOR USERS LOCATED WITIlIN TIlE CITY
LIMITS AND ARE WITIlIN 200 FEET....EFFECTIVE MARCH 1. 1995. AND REPEALING RESOLUTION 94-39I.
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development planned, for which the corresponding fee is
charged, and there is a reasonable relationship between
the fees' use and the type of development for which the
fee
is charged,
as these reasonable relationships or
nexus
are
described
studies
in
detail
in
the
more
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referenced.
9 NOW THEREFORE, BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL
10 OF THE CITY OF SAN BERNARDINO AS FOLLOWS:
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SECTION 1.
Resolution No. 89-510 Section 1, Subsection
12 C,
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is amended to read:
lie.
Each application for a permit to connect any property
with a public sewer shall be
accompanied by a
connection fee
construction and improvement of
the Wastewater
designated for
Treatment Plant, to provide additional capacity to meet increased
demand, which fee shall be transmitted to the Water Department, in
an amount as follows:
1.
Residential - for each single family house and for each
dwelling unit in a duplex or triplex in accordance with
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the following schedule:
Effective Date
March 1, 1995
March 1, 1996
March 1, 1997
March 1, 1998
March 1, 1999
Amount
$2,800
$2,960
$3,130
$3,310
$3,500
2 .
Multiple residential and non-residential - for multiple
March 27. 1995
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'1':}-'(,I~
1 RESOLUTION OF TIlE CITY OF SAN BERNARDINO AMENDING RESOLUTION NO.. 89-510 ENTITLED IN PART
"RESOLUTION ESTABLISHING SEWER CONNECTION AND INSPECTION FEES DESIGNATED FOR...
2 AND FIXING AND ESTABLISHING CREDIT FOR SEWER STANDBY CHARGES FOR USERS LOCATED WITHIN TIlE CITY
LIMITS AND ARE WITHIN 200 FEET....EFFECTIVE MARCH 1, 1995. AND REPEALING RESOLUTION 94-391.
3 dwellings in excess of three units, mobile home parks,
4 motels, hotels and commercial, institutional and
5 industrial connections, and any other type of connection,
6 the General Manager of the Water Department shall
7 estimate the amount of sewage effluent resulting from the
8 connection and shall set the fee at a rate per gallon per
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day of estimated effluent
following schedule.
Effective Date
March 1, 1995
March 1, 1996
March 1, 1997
March 1, 1998
M2rch 1, 1999
in accordance with the
Amount
$ 9.95
$10.55
$11.15
$11.80
$12.45
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The General Manager's estimate may be appealed to the
Board of Water Commissioners, which shall hear and
determine the matter. The decision of the Board shall
be final."
SECTION 2.
The fees collected through this "Resolution"
shall be used to pay for the public facilities described in the
21 Focused Facilities Master Plan to be constructed by the Water
22 Department, and for the development's fair share of those capital
23 improvements already constructed by the Water Department.
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SECTION 3.
Each and all premises in the City which are
within two hundred feet of and situated on real property adjoining
an existing sewer system and not connected thereto but served by
March 27, 1995
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~.;-r-' /,.,..~
1 RESOLUTION OF TIlE CITY OF SAN BERNARDINO AMENDING RESOLUTION NO.. 89-510 ENTITLED IN PART
"RESOLUTION ESTABLISHING SEWER CONNECTION AND INSPECTION FEES DESIGNATED FOR ...
AND FIXING AND ESTABLISHING CREDIT FOR SEWER STANDBY CHARGES FOR USERS LOCATED WITHIN TIlE CITY
2 LlMlTS AND ARE WITHIN 200 FEET....EFFECTIVE MARCH 1. 1995. AND REPEALING RESOLUTION 94-391.
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City water shall be entitled to a credit for standby charges paid
to the City based on the following schedule:
Period For Which
Has Paid Standbv
Charqe
Reduction in Current
Connection
Property
Charqes
Up to 1 year
1-2 years
2-3 years
3-4 years
4-5 years
5-10 years
10-15 years
15-20 years
20-25 years
Over 25 years
2%
4%
6%
8%
10%
25%
40%
55%
70%
75%
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13 Each and all premises not within the city limits but are within the
14 wastewater treatment plant service area and served by other water
15 companies, and which are within two hundred feet of and situated on
16 real property adjoining an existing sewer system and not connected
17 thereto, and are subject to city sewer connection fees, shall be
18 eligible for the credit to the sewer connection charge as stated.
19 Each and all premises within the city limits and served by other
20 water companies, which are within two hundred feet of and situated
21 on real property adjoining an existing sewer system and not
22 connected thereto, shall be eligible for the credit to the sewer
23 connection charge as stated. The credits established by this
24 resolution shall be effective March 1, 1995
25 I HEREBY CERTIFY that the foregoing resolution was duly
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Council
City of
adopted by the Mayor and
of
the
San
Common
March 27. 1995
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/r;."'.
1 RESOLUTION OF TIlE CITY OF SAN BERNARDINO AMENDING RESOLUTION NO.. 89-510 ENTITLED IN PART
"RESOLUTION ESTABLISHING SEWER CONNECTION AND INSPECTION FEES DESIGNATED FOR ...
2 AND FIXING AND ESTABLISHING CREDIT FOR SEWER STANDBY CHARGES FOR USERS LOCATED WlTIlIN TIlE CITY
LIMITS AND ARE WITHIN 200 FEET....EFFECTIVE MARCH 1, 1995, AND REPEALING RESOLUTION 94-391.
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Bernardino at a regular meeting thereof, held on
the 3rd day of tJ#t'/1 April , 1995, by
the following vote to wit:
COUNCIL MEMBERS: AYES NAYES ABSTAIN ABSENT
NEGRETE x
CURLIN x
HERNANDEZ x
OBERHELMAN x
DEVLIN x
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POPE-LUDLAM x
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MILLER X
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~l
~f.A.--Hc-
Clark, City
Clerk
The foregoing resolution is hereby approved this
LfM day of
April
,1995. ~
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Tom Minor, Mayor
City of San Bernardino
APPROVED AS TO FORM
AND LEGAL CONTENT
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JAMES F. PENMAN
City A7'Forney /'
By: Ua~ T' fc~
fJ
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March 27. 1995
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