HomeMy WebLinkAbout1989-419
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RESOLUTION NO.
89-419
A RESOLUTION OF THE CITY OF SAN BERNARDINO APPROVING
5 INCREASES TO ACQUISITION OF SERVICE CHARGES ESTABLISHED BY THE
BOARD OF WATER COMMISSIONERS, AS SET FORTH IN RULE AND
6 REGULATION NO. 20, SECTION (H) OF THE BOARD OF WATER
COMMISSIONERS OF THE CITY OF SAN BERNARDINO.
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8 WHEREAS, Article IX, Section 163 of the City Charter, in
9 part, empowers the Board of Water Commissioners to establish all
10 water rates, collect all rentals from water bearing lands and
11 generally regulate, control, manage, renew, repair and extend
12 the entire water system of the City; and
13 WHEREAS, Acquisition of Service Charges for all new water
14 service applications are set forth in the rules and regulations
15 of the Board of Water Commissioners; and
16 WHEREAS, the current charges set forth in Rule and
17 Regulation No. 20 (Subsection h) for Acquisition of Service
18 Charges, are not sufficient to cover the costs to finance source
19 of supply, storage, transmission, treatment, conservation and
20 distribution facilities of the water system; and
21 WHEREAS, studies have been conducted and an increase in the
22 Acquisition of Service Charge has been prepared, and a Public
23 Hearing was held by the Board of Water Commissioners to receive
24 comments from
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the public on
proposed rates on October 3, 1989,
and no comments or protests were received; and
WHEREAS, the Board of Water
Commissioners adopted
Resolu-
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tlon No.
403
on October 3, 1989 approving amendments to Rule
28 and Regulation No. 20 (Subsection h), increasing the Acquisition
10-3-89
RESOLUTION APPROVING INCREASES TO ACQUISITION OF SERVICE CHARGE
1 of Service Charge, to become effective ___~~~~~~E_~___________ ,
2 1989.
3 WHEREAS, Acquisition of Service Charges established by the
4 Board of Water Commissioners, pursuant to Charter Section 163,
5 may be approved by resolution of the Mayor and Common Council
6 pursuant to Chapter 2.28, Subsection 4 of the Municipal Code.
7 NOW THEREFORE, BE IT RESOLVED BY THE MAYOR AND COMMON
8 COUNCIL OF THE CITY OF SAN BERNARDINO AS FOLLOWS:
9 S.E~I'l.Q~_.QN.E.l That the City of San Bernardino hereby
10 approves increases in rates for Acquisition of Service Charges
11 for all new water service applications by RESOLUTION NO . _4.0J_
12 of the Board of Water Commissioners, a copy of which is attached
13 hereto, marked "Exhibit 1", and is hereby referred to and made a
14 part hereof as fully as though set forth at length herein.
15 S.E~I'l.QN_I'N.Q.l That the rates approved herein shall become
16 effective ___~~h~~_________ , 1989.
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I HEREBY CERTIFY that the foregoing resolution was duly
18 adopted by the Mayor and Common Council of the City of San
19 Bernardino at a _____s~~~~S_________ meeting thereof held on the
20 _lJ).1h___ day of ___.Qf.t..Q..~E_____.____, 1989 by the follow ing vote to
21 wit:
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AYES:
Council Members:
__~.!E~,!d..!_ B~:h.~l.x.!. _~~..:!:~!.._M2~~~3.x.!.___
___~i~2ELY2~~~~u~1~~~~ill~~_________________________
NAYS:
---~~~--------------------------------------------
ABSENT:___~~~____________________________________________
10-3-89
SHA~~RK----
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RESOLUTIONS APPROVING INCREASES TO ACQUISITION OF SERVICE CHARGE
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The foregoing Resolution is hereby approved this ~2~~_
2 day of ___________, 1989.
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8 APPROVED AS TO FORM
AND LEGAL CONTENT:
9 (1 1. ~~
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11 ty Attorney
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10-3-89
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RESOLUTION NO.
403
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A RESOLUTION OF THE BOARD OF WATER COMMISSIONERS, CITY OF SAN
BERNARDINO, AMENDING RULE AND REGULATION NO. 20, SECTION (H),
INCREASING THE ACQUISITION OF SERVICE CHARGE FOR ALL DEVELOPMENTS
6 WITHIN THE SERVICE AREA OF THE SAN BERNARDINO MUNICIPAL WATER
DEPARTMENT.
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WHEREAS, Article IX, Section 163 of the City Charter, in part,
9 empowers the Board of Water Commissioners to establish all water
10 rates; and
11 WHEREAS, ACQuisition of Service Charges are set forth in the
12 rules and regulations of said Board of Water Commissioners, and it
13 is the duty of the Mayor and Common Council to pass ordinances as
14 may be necessary to enforce said rules; and
15 WHEREAS, the current rates set forth in Rule and Regulation
16 No. 20 (Subsection h) for Acquisition of Services Charge are not
17 sufficient to cover the costs to expand, improve and upgrade the
18 water system; and
19 WHEREAS, a proposed ACQuisition of Service Charge increase has
20 been prepared and a Public Hearing was held to receive comments
21 from the public on the proposed increases on October 3, 1989, and
22 no comments or protests were received; and
23 WHEREAS, studies were conducted of the impacts of contemplated
24 future development on the Water Department's existing services and
25 facilities in the entire service area, along with an analysis of
26 new, improved or expanded pUblic facilities and improvements
27 reQuired or appropriate to serve new development, and said study
28 set forth the relationship between new development, those services
Exhibit 1
1 or facilities, and the estimated costs of those improvements. The
2 studies are entitled the "Water System Master Plan, 1980",
3 "Acquisition of Service Charge Increase Analysis", and "Capital
4 Projects Needed to Meet Our 1990 Peak Summer Period", and
5 WHEREAS, these studies were available for public inspection
6 and review ten (10) days prior to this public hearing and notice
7 was given in compliance with Government Code Section 54992; and
8 WHEREAS, a public hearing, noticed pursuant to and in
9 comp 1 i ance wi th Government Code Sect ions 54944. 1 and 6062a, was
10 held at a regularly scheduled meeting of the Board of Water
11 Commissioners; and
12 WHEREAS, the Board of Water Commissioners finds as follows:
13 A.) The purpose of this fee is to finance source of supply,
14 storage, transmission, treatment, conservation and distribution
15 f ac i 1 it i es to reduce the ; mpacts upon the capac; ties and
16 capabi 1 ities of existing faci 1 ities through increased demand caused
17 by new deve 1 opment , with in the ent i re se rv ice area of the San
18 Bernardino Municipal Water Department as it exists in 1989.
19 B.) The aCQuisition of service charges collected pursuant to
20 this resolution shall be used to finance the publ ic faci 1 ities
21 described or identified in Exhibit "B", attached hereto.
22 C.) After considering the study analyses prepared and listed
23 hereinabove, and the testimony received at this public hearing, the
24 Board approved sa i d stud i es and incorporates such here in, and
25 further finds that the new development in the service area wi 11
26 generate additional needs of sources of supply, reservoirs,
27 transmission and distribution system upgrades and improvements,
28 water treatment facilities and conservation facilities within the
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impacted area, as described in the map attached hereto on Exhibit
"C", and will contribute to the degradation of water system
facilities in that area.
D.) It is appropriate or necessary in this described impact
area to provide for sources of supply, storage, transmission and
distribution systems, water treatment and conservation facilities
which have not been constructed or have been constructed, but new
development has not contributed its fair share towards these
facilities costs and said facilities.
E.) The facts and evidence presented establish that there is
a reasonable relationship between the need for the described public
facilities and the impacts of the types of development described
in Section 2 below, 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 nexes are in more detail described in
the study referenced above.
F.) The cost estimates set forth in Exhibit "B" are
reasonable cost estimates for constructing these facilities, and
the fees expected to be generated by new development wi 11 not
exceed the total of these costs.
NOW THEREFORE, the Board of Water Commissioners, City of San
Bernardino, does hereby resolve as follows:
SECTION 1.
An ACQu is it i on of Servi ce Charge sha 11 be charged upon a 11 new
water service applications and shall be paid prior to any water
27 service connection and shall be in addition to all other charges
28 imposed by the Water Department (Fire Service Excluded).
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1 SECTION 2.
2 The Acquisition of Service Charge shall be as set forth in the
3 scheduled attached hereto and marked Exhibit "Au.
4 SECTION 3.
5 The ACQu is it; on of Serv ice Charge sha 11 be used to pay for the
6 described public facilities to be constructed by the Water
7 Department and for reimbursing the Water Department for the
8 development's fair share of those capital improvements already
9 constructed by the Water Department.
10 SECTION 4.
11 Any jUdicial action or proceeding to attack, review, set aside,
12 void or annul this resolution shall be brought within 120 days.
13 SECTION 5.
14 This resolution shall become effective on November 1
, 1989.
15 I HEREBY CERTIFY that the foregoing resolution was duly
16 adopted by the Board of Water Commissioners of the City of San
17 Bernardino at a regular meeting thereof held on the 3rd day of
18 October
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(SEAL)
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, 1989, by the following vote to wit:
AYES:
CommissionersChandler.. Willis.. Urata.. Bivens.. and Garcia
NAYS:
None
ABSENT:
None
BERNARD C. KERSEY, Dep
& Ex-Officio Secretar
Y City Clerk
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EXHIBIT "AM
WATER DEPARTMENT
RULE AND REGULATION NO. 20
SECTION (h)
The acquisition of service charge will apply to all new service
applications and is based upon the demand that each service size
imposes on the municipal water system.
USE/
METER SIZE
CAPACITY
FACTOR
AMOUNT
5/811 x 3/411
3/411 x 3/4"
1 II
1 1/2"
2"
3"
4"
6"
8"
10"
4.0
6.0
10.0
14.0
35.0
50.0
60.0
$ 1, 400
1 , 400
1 , 400
5,650
8,480
14, 130
19,700
45,770
To Be Determined
To Be Determi ned
Multiple Family dwelling units, including Motels and Mobile Home
Parks, shall be charged $700.00 per dwelling unit or by meter size,
whichever is the greater amount.
The acquisition of service charge shall be paid prior to any water
service connection, and shall be in addition to all other charges
imposed by the Water Department (Fire Service excluded).
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