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HomeMy WebLinkAboutResolution No. 10-7173 - Set Hrg. 03-23-10 sanitary sewer rates/property owner/rate payers notificationRESOLUTION NO. 10-7173 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DOWNEY SETrING THE TIME AND PLACE FOR A PUBLIC HEARING ON ESTABLISHING RATES FOR SANITARY SEWER SERVICE AND AUTHORIZING STAFF TO NOTIFY PROPERTY OWNERS AND RATE PAYERS. WHEREAS, Proposition 218, the “Right To Vote On Taxes Act”, was passed by California voters in 1996 adding Articles XIII C and D to the California Constitution; and WHEREAS, Proposition 218 protects taxpayers by limiting the methods by which local governments exact revenue from taxpayers without their consent; and WHEREAS, increases in property-related fees and charges, including sanitary sewer, are subject to the requirements of Article XIII D, Section 6 of the California Constitution; and WHEREAS, a sewer rate increase is necessary to meet mandatory Sewer System Management Plan (SSMP) requirements, to replace critical/aging infrastructure, and to ensure the future Sewer Fund is self supporting; and WHEREAS, City Council will be voting at a future Public Hearing to adopt, by Resolution, new rates for sanitary sewer service; and WHEREAS, rates for water and trash (AB939) service will remain unchanged but will be carried over and included in the proposed Resolution for new sanitary sewer service rates for future ease of reference; and WHEREAS, Resolution 05-6861 containing current rates for water, sanitary sewer, and trash (AB 939) service will be repealed should the proposed Resolution for new sanitary sewer service rates be adopted; and WHEREAS, the City is following Proposition 218 notice and hearing procedures necessary for increasing sanitary sewer rates as provided in Article XIII D, Section 6 of the California Constitution. NOW. THEREFORE. THE CITY COUNCIL OF THE CITY OF DOWNEY DOES HEREBY RESOLVE AS FOLLOWS: SECTION 1. Pursuant to Article XIII D, Section 6 of the California Constitution, a special notice proceeding is hereby called on the proposition of increasing rates for sanitary sewer servIce SECTION 2. The special notice proceeding on the proposition of increasing rates for sanitary sewer service pursuant to Article XIII D, Section 6 of the California Constitution consists of a notice mailed to the property owners and rate payers of record within the City as of the latest City database. The notice will include the following proposed sewer rate structure: /// /// RESOLUTION NO. 10-7173 PAGE TWO fIXED BI-MONTHLY SANITARY SEWER CHARGE Meter Size ChargeCustomer Class $ 5.48Single Family Residential $ 3.28Multi-Family Residential (per unit) $ 5.485/8'Non-Residential 6.883/4”Non-Residential 8.38Non-Residential 1 -1 /2”12.94Non-Residential 20.022 1 1Non-Residential 3”30.04Non-Residential 42.164 1 1Non-Residential 60.10Non-Residential 6 1 1 80.10Non-Residential 8’ Non-Residential 100.1210” Compound meters billed according to the larger side of the meter VARIABLE BI-MONTHLY SANITARY SEWER CHARGE ChargeBasis $ 0.10Per 100 cu-ft (CU) water use GENERAL Policy Customers deemed by the City to qualify under more than one type of customer class will be charged the higher of the associated rates Category Customer Class Each property owner and rate payer has the right to submit written protest against the proposed rate by mail or in person to the City Clerk no later than the conclusion of the Public Hearing to be held on March 23, 2010. The City shall consider protests against the proposed rates at the Public Hearing, pursuant to Article XIII D, Section 6 of the California Constitution.