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Ord 0121 03/1999ORDINANCE NO. 121 AN ORDINANCE OF THE BOARD OF DIRECTORS OF THE V ALLECITOS WATER DISTRICT REGARDING A PASS-THROUGH OF THE SAN DIEGO COUNTY WATER AUTHORITY AND METROPOLITAN WATER DISTRICT FEES AND CHARGES FOR WHOLESALE WATER AND WATER RELATED SERVICES BE IT ORDAINED by the Board of Directors of the Vallecitos Water District ("District") as follows: Section 1. Declaration ofPolicv and Background. The Vallecitos Water District is the retail water purveyor within the service area boundaries of the District. The San Diego County Water Authority ("Water Authority") is the wholesale water purveyor, who purchases all of its water from the Metropolitan Water District of Southern California ("Metropolitan Water District"). The Board of Directors of the District have evaluated the equities of passing through, to the customers of the District, all Water Authority and Metropolitan Water District fees and charges for wholesale water and water related services, including the Water Authority montWy infrastructure access charges and future increases. The District, by this ordinance, desires to establish a policy of automatic pass- through to the customers served by the District of all said charges and fees. Section 2. Findings, The Board of Directors of the District finds and determines and as follows: (a) The matters set forth in the declaration of policy and background to this ordinance are true and correct statements. (b) The Board of Directors of the District have evaluated the pass-through to the customers of the District of all future Water Authority and Metropolitan Water District wholesale water and waterrelated service fees, including the Water Authority infrastructure access charges and determines that the pass-through of said charges, including increases, are an equitable means of collecting the fees and charges imposed by the Water Authority and the Metropolitan Water District. (c) The District Board of Directors held a public hearing on March 17, 1999, at 4:00 p.m., at the District Administrative Headquarters for the purpose of receiving public comments on the proposed ordinance. The Board authorized and directed the District Secretary to give notice of the public hearing and notice was given by publication in a newspaper of general circulation within the District at least 10 days prior to the public hearing and by giving that notice to each person who so requested. The District Secretary was further authorized and directed to make available, for public inspection at least 10 days prior to the public hearing, the data authorizing the pass-through of all Water Authority and Metropolitan Water District fees and charges for wholesale water and water related services, including the Water Authority infrastructure access charges. On March 17, 1999, at the time and place set for the public ordinance, the ordinance was considered and the Board heard and considered the comments of all persons appearing at the hearing and all written comments which were submitted. Ordinance No. 121 Page 2 (d) The Board finds that the pass-through to the customers of the District of the wholesale water and water related service fees and charges, including the Water Authority infrastructure access charges, is an equitable means of collecting the fees and charges imposed by the Water Authority and the Metropolitan Water District. (e) Prior to adoption ofthis ordinance the Board of Directors of the District have evaluated the environmental impacts of the pass-through of fees and charges pursuant to this ordinance and has approved and ordered that a notice of exemption be filed. (f) The General Manager of the District is hereby authorized and directed to pass- through to the customers of the District all Water Authority and Metropolitan Water District fees and charges for wholesale water and water related services, including the Water Authority infrastructure access charges and future increases. Section 5. Effective Date. This ordinance shall be effective immediately upon passing by the Board of Directors. The Assistant Secretary of District shall publish this ordinance two (2) times on successive weeks in an adjudicated newspaper of general circulation within the District. ALL OTHER ORDINANCES, ARTICLES, OR SECTIONS OF ORDINANCES, OR AMENDMENTS IN CONFLICT HEREWITH ARE HEREBY REPEALED. PASSED, APPROVED, AND ADOPTED by the Board of Directors of the Vallecitos Water District at a regular meeting this seventeenth day of March, 1999, by the following roll call vote: A YES: CRUZ. DAVY , FERGUSON, MASON NOES: ABSENT: THIELEN ABSTAIN: .0~1:M-d)~ Dale Mason, President Board of Directors Vallecitos Water District ATTEST: wMJ ~9 William W. Rucker, Secretary Board of Directors Vallecitos Water District