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HomeMy WebLinkAbout2013-07-25 - Resolution No. 13-13 RESOLUTION NO. 13-13 RESOLUTION OF THE BOARD OF DIRECTORS OF THE YORBA LINDA WATER DISTRICT SETTING WATER RATES EFFECTIVE JULY 1, 2013, AND RESCINDING RESOLUTION NO. 12-13 WHEREAS, pursuant to Water Code Section 31007, the Board of Directors of the Yorba Linda Water District (YLWD) is required to set water rates at a level which will pay for the provision of water services; and WHEREAS, pursuant to Government Code Section 53756, YLWD may adopt a schedule of fees or charges authorizing automatic adjustments that pass through increases in wholesale charges for water; and WHEREAS, the Board of Directors previously adopted Resolution No. 12-13, which established water rates effective July 1, 2012; and WHEREAS, YLWD has determined the unit cost of changes in rates from the Metropolitan Water District of Southern California (MWD), the Municipal Water District of Orange County (MWDOC) and Orange County Water District (OCWD) for FY 2013/14; and WHEREAS, YLWD has prepared a budget for FY 2013/14, which includes the unit cost of the MWD, MWDOC and OCWD pass-through applied to the commodity charge of YLWD rates in accordance with Government Code Section 53756; and WHEREAS, on April 26, 2012 the Board of Directors considered Water Rate Study 2012 which included recommended water rates for FY 2012/13, FY 2013/14 and FY 2014/15 and the Board of Directors determined that the water rate increases described in Water Rate Study 2012 are necessary and sufficient to cover, without exceeding, the cost to provide water service to each customer; and WHEREAS, pursuant to and in compliance with Proposition 218 (California Constitution Art. XIII D), the District on May 4, 2012 mailed a notice of water rate increase to all customers which included the proposed rates for FY 2012/13, FY 2013/14 and FY 2014/15, and the Board of Directors has received a proof of mailing; and WHEREAS, pursuant to Proposition 218 on June 21, 2012 the Board of Directors held a hearing regarding water rate and pass-through charges for FY 2012/13, FY 2013/14 and FY 2014/15 and heard and considered protests; and Resolution No. 13-13 Setting Water Rates 1 WHEREAS, on June 21, 2012 the Board of Directors adopted Resolution FY 2012/13 establishing water rates for the FY 2012/13 fiscal year; and WHEREAS, the Board of Directors desires to establish water rates for the FY 2013/14 fiscal year. NOW THEREFORE, the Board of Directors of the Yorba Linda Water District does hereby find, determine, and resolve the following: Section 1. Resolution No. 12-13 is hereby rescinded. Section 2. Water rates for service defined in Section 3.8 of the Rules and Regulations of the Yorba Linda Water District are hereby amended as follows, to take effect on July 1, 2013: For All Potable Water Service: All Water Usage shall be charged at $2.64 / 100 Cu. Ft. (includes FY 13/14 pass-through charge) Basic Service Charge for: 5/8" and 3/4" Meters $8.80 / Month 1" Meters $14.67 / Month 1 1/2" Meters $29.34 / Month 2" Meters $46.94 / Month 3" Meters $102.67 / Month 4" Meters $187.80 / Month 6" Meters $410.67 / Month Section 3. Additional rates and fees for service are as follows: 3.a Permanent Untreated Water Service: The current MWD Untreated Full rate, plus charges by MWDOC, plus any other fees, charges or penalties as may be imposed by MWD and/or MWDOC, plus $13 per acre foot. 3.b The charge for Temporary service as defined in Section 3.5.1 of the Rules and Regulations for Water Service shall be as follows: 3.5.1 TEMPORARY SERVICE: The rate per hundred cubic feet shall be two times the rate specified for all water service plus $2.50 per day for each day that the meter is available for use by the customer. A security deposit of $1,000 is required at the time of rental and the deposit will be returned within 15 days of the return of the meter. Resolution No. 13-13 Setting Water Rates 2 3.c The monthly rates for Private Fire Service Protection, as defined in Section 3.6 of the Rules and Regulations for Water Service, shall be as follows: Meter Size Monthly Charge 4 inch $16.00 6 inch $35.00 8 inch $59.00 10 inch $94.00 PASSED AND ADOPTED this 25th day of July 2013 by the following called vote: AYES: Directors Beverage, Collett, Hawkins, Kiley and Melton NOES: None ABSTAIN: None ABSENT: None Gary Me6n, President Yorbanda Water District ATTEST: . Steven R. Conklin, Secretary Yorba Linda Water District Reviewed as to form by General Counsel: Arthur G. Kidman, Esq. Kidman Law, LLP Resolution No. 13-13 Setting Water Rates 3