HomeMy WebLinkAbout2007-07-26 - Resolution No. 07-13RESOLUTION NO. 07-13
A RESOLUTION OF THE BOARD OF DIRECTORS OF
THE YORBA LINDA WATER DISTRICT ADOPTING SEWER MAINTENANCE
CHARGES FOR FISCAL YEARS COMMENCING 2007-2008 AND RESCINDING
RESOLUTION NO. 03-10
WHEREAS, pursuant to Water Code Section 31007, the Board of Directors of the
Yorba Linda Water District ("District") is required to set sewer rates at a level which
will pay for the provision of sewer services including depreciation and other
overhead; and,
WHEREAS, as of this year, the rate increase here is subject to the substantive and
procedural requirements of Proposition 218 (California Constitution Art. X111 D) and
meets all such requirements; and,
WHEREAS, pursuant to those requirements, the District mailed notice of a sewer
rate increase to property owners, residents and other customers; and,
WHEREAS, the notice identified the property; explained the maximum rate proposed,
the reason for the increase and the way in which it was calculated, and gave notice
of a public hearing on such increase; and,
WHEREAS, the District also published notice of the proposed increase and its
collection on the tax roll in areas outside the District (including Locke Ranch) in
compliance with its past practice; and,
WHEREAS, as explained in the notice, the District made available at the District
office the Sewer Maintenance Charge Report, which explains the rate structure and
proposed increase in greater detail; and,
WHEREAS, as explained in the Notice and the Sewer Maintenance Charge Report
document, the rate increase is not being used for a general governmental purpose
but to pay for sewer service actually provided to the property identified in the notice;
and,
WHEREAS, the revenues from sewer rates do not exceed the amount required to
provide such service and are equivalent to the amount of service received; and,
WHEREAS, the revenues collected from sewer rates have been and will be used
only to pay for the sewer services for which they were collected; and,
WHEREAS, the sewer service provided is not a standby charge, but for sewer
services immediately available to the property identified; and,
WHEREAS, on July 26, 2007, the Board conducted a public protest hearing on the
sewer rate increase; and,
WHEREAS, the Board considered all comments, for and against, such sewer rate
increase, and specifically considered all protests, written and oral, against the
proposed increase, and entered such written protests into the record of such hearing;
and,
WHEREAS, only 21 owners of identified property filed written protests at or before
the time for hearing which does not constitute a majority protest; and,
WHEREAS, the Yorba Linda Water District Rules and Regulations for the
Rendition of Sanitary Sewer Service ("Sewer Rules") include a provision that sewer
maintenance charge rates shall be adopted by resolution; and,
WHEREAS, the Board of Directors of the Yorba Linda Water District have,
from time to time, adopted Ordinances and Resolutions to change the Sewer
Maintenance Charge rates for services provided by the District; and,
WHEREAS, such the Sewer Maintenance Charges adopted herein shall take
effect for all billings on and after September 1, 2007 and shall remain in effect during
fiscal year 2007-2008 and thereafter, with discretionary CPI increase capped at 5%
per year until changed by the Board after notice and hearing.
NOW, THEREFORE, THE BOARD OF DIRECTORS OF THE YORBA LINDA
WATER DISTRICT RESOLVES AND ORDERS AS FOLLOWS.
1. All Recitals set out above are true and correct.
2. The charge authorized in Section 15.01 of the Sewer Rules shall be follows:
A. Commercial-industrial and Public Schools:
1. For all sewer customers in this category who use water meter
readings, the rate is as follows:
a. First 2,200 cubic feet per month of water consumption per
month: $5.50 per month.
b. All water consumption in excess of 2,201 cubic feet per month:
$4.62 per 1,000 cu. ft.
2. Alternatively, for customers who have a sewer meter or who can
demonstrate to the District's satisfaction that 100% of the water
meter reading ends up in the District's sewer system, the rate is as
follows:
a. First 1,100 cubic feet per month: $5.50 per month
b. All metered use in excess of 1,101 cubic feet per month at
$5.06 per 1,000 cu. ft.
B. Residential:
1. Residential - individually metered $5.50 per month
2. Residential - master metered $3.85 per month per unit
3. Staff is directed to take any and all steps necessary to implement such rates.
4. Resolution No. 03-10 is hereby rescinded effective midnight August 31, 2007.
PASSED AND ADOPTED this 26th day of July 2007 by the following called vote:
AYES: Directors Armstrong, Beverage, Collett, Mills and Summerfield
NOES: None
ABSENT: None
ABSTAIN : None
President, Ric Collett
Yorba Linda Water District
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ATTEST:
Secretary, is ael A4Pa
Yorba Linda Water D3