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Ord 0158 06/2008ORDINANCE NO. 158 AN ORDINANCE OF THE BOARD OF DIRECTORS OF THE VALLECITOS WATER ®ISTRICT MODIFYING WASTEWATER CAPITAL FACILITY FEES IN CALENDAR YEAR 2008 AND REPEALING ORDINANCE NO: 150 BE IT ORDAINED by the Board of Directors of the Vallecitos Water District ("District") as follows: Section 1. Declaration of Policy and Background. On July 6, 2005, the District's Board of Directors adopted an updated Water, Wastewater, and Water Reclamation Master Plan (°Updated Master Plan"). In May of 2008, District staff presented the draft of the District's 2008/2009 Budget to all Committees of the District's Board of Directors. The District used information provided in the Updated Master Plan and draft Budget to prepare a fee study and calculate a wastewater capital fee structure that reflects the cost of facilities in the District's 2008/2009 Capital Budget. The fee study analyzes capital facilities needed by the District to serve the growing demands of new development and increasing demands of existing customers. A staff report was made available for public inspection and review ten (10) days prior to a public meeting and notice was given in compliance with Government Code section 66016. The District, by this Ordinance, desires to modify the Wastewater Capital Facility Fee Schedule in Calendar Year 2008 which reflects the costs taken from the District's 2008/2009 Budget. The Board of Directors of the District considered modifying its Wastewater Capital Facility Fee Schedule at a public meeting on June 18, 2008, in accordance with Government Code section 66018. Section 2 Findings. The Board of Directors of the District finds and determines as follows: (a) Purpose of the Fee. The purpose of the District's Wastewater Capital Facility Fee is to provide an adequate wastewater conveyance and treatment system to serve new development and additional demands from existing users within the District's service area and to provide adequate funding for future construction of facilities described in the Updated Master Plan and the District's Capital Budget. Ordinance No. 158 Page 2 (b) Use of Fees. All wastewater capital facility fees as listed on the Wastewater Capital Facility Fee Schedule, attached hereto as Exhibit "A" and incorporated herein by reference, shall be used to finance construction of wastewater facilities described in the Updated Master Plan and the District's Capital Budget. (c) Relationship between Use of Fee and Type of Development. Wastewater capital facility fees will be charged to new development and to existing users with increased demands as measured by Equivalent Dwelling Units (EDU's), which takes into consideration land use designations, type of use, and amount of flows. (d) Relationship between Need for Capital Facilities and Type of Project. The Board of Directors of the District finds and determines that, in order to provide adequate wastewater service, all new development and existing users with increased demands within the District's service area will require the capital facilities specified in the Updated Master Plan and the District's Capital Budget. (e) Relationship between Amount of Fee and Cost to Particular Projects. The wastewater capital facility fee for each new development shall be based upon the demand of a particular project on the District's wastewater system through the analysis of type of use and flaws. Excepting residential customers, existing users will be charged additional wastewater capital facility fees based on annual flow volumes. The additional wastewater capital facility fees shall be based on the purchased capacity and the increased demands as measured by EDU's of wastewater. The District finds and determines that the Wastewater Capital Facility Fee Schedule insures that each user will pay a fair share of new facility construction based upon actual demand upon the wastewater system. (f) Environmental Review. In accordance with the California Environmental Quality Act Guidelines Section 15061, the Board of Directors ordains that the capital facility fees established by this Ordinance are exempt from CEQA for the following reasons: The capital facility fees are not a "project" as defined by Guidelines Section 15378; 2. The project is exempt in accordance with Guidelines Section 15273(1), 15273(3), and 15274(4); and 3. The activity will not have any significant impact upon the environment pursuant to Guidelines Sections 15061(b)(3). The Board of Directors of the District orders and directs that the foregoing exemptions and reasons be made a part of the Notice of Exemption and that the Notice of Exemption be filed with the County Clerk of the County of San Diego. Ordinance No. 158 Paae 3 (g) Cost Estimates. The cost estimates set forth in the Master Plan Update and the District's Capital Budget are reasonable estimates for the capital facilities shown and the development fees expected to be generated by new demand will not exceed a total of these estimated costs. h) Growth and Population Projections. Given the historic growth rates of the District and the cyclical nature of new demand, District staff shall annually examine the relationship between growth projections, capacity planned, and capacity in the current system. The rate of growth shall be annually considered and the fees analyzed so the proper level of fees are in place to capture the appropriate revenues based on a reasonable relationship between the growth and the necessary service facilities. Section 3. Segregated Accounts and their Accounting. The District has established separate accounts in its accounting records segregating wastewater capacity fee revenue and related interest accrued thereon from other revenue and funds of the District. For each separate account, the District's Finance Officer shall, within one hundred eighty (180) days after the last day of each fiscal year, make available to the public and present to the District's Board of Directors a written report containing all of the information required by Government Code section 66006(b)(1). Section 4. Use of Capital Facility Fees. Capital facility fees collected pursuant to this Ordinance shall be used solely to construct the capital facilities described in the Updated Master Plan and the District's Capital Budget as Wastewater Capacity. Section 5. Commitment of Capital Facility Fees. All capital facility fees collected and remaining unexpended on the effective date of this Ordinance and all future development fees collected pursuant to this Ordinance and related interest thereon are committed by appropriation to the District's capita( improvement program and the facilities described in the Updated Master Plan. Section 6. Sewer Capital Facility Lease Pro ram. In order to implement the Capital Facility Lease Program, the Board of Directors hereby establishes a pool of two hundred fifty thousand (250,000) gallons per day (GPD) of sewer capacity in the District's sewer system which shall be available for use in the Sewer Capital Facility Lease Program. Only commercial and industrial customers are eligible and must have purchased (own) a minimum of the greater of: 250 GPD, or 25% of the required sewer capacity per location. Each eligible participant shall be allowed to lease a maximum of 10,000 GPD of sewer capacity per location. Leased sewer capacity is based on metered water use (flow) at the current capacity rate. Participation in the Sewer Capital Facility Lease Program is at the option of the user, for properties to which the Sewer Capital Facility Lease Program applies. Leased sewer capacity will not result in permanent additions of wastewater entitlement. Ordinance No. 158 Paae 4 Section 7. Capital Facility Fee Schedule and Inflationary Increases. On January 1 of each calendar year, the District will adjust the Wastewater Capital Facility Fee Schedule based on the annual percentage change in the Engineering News Record Construction Cost Index. Section 8. Effective Date. This Ordinance shall be effective immediately upon passage by the Board of Directors. The Secretary of the District shall publish this Ordinance once in an adjudicated newspaper of general circulation within the District. The new District sewer capacity fees established by this Ordinance shall be effective at 12:00 a.m. on August 18, 2008, a sixty (60) day period after adoption of this Ordinance in accordance with Government Code section 66017. Section 9. Time of Payment of Wastewater Capacity Fees. Wastewater capacity fees shall become owing, due, and payable at the time application is made to connect to the District's wastewater system, or upon billing additional capacity, and prior to commitment by the District for service. Capital facility leases will be assessed on the user's regular monthly waterlutility bill. Section 10. Vacant Property Purchase of Sewer Capacity for vacant property currently within a Sewer Improvement District shall be limited to one Equivalent Dwelling Unit. ("EDU"). Multiple EDU's may be purchased for property within a Sewer Improvement District only if there is an approved Parcel Map or approved Tentative Parcel Map. Section 11. Non-Refundable. To assure availability for proper planning and to meet obligations incurred by the system in a timely manner, all refundable. District to develop capacity in the District's water wastewater capacity fees collected shall be non- Section 12. Interpretation and Severability. Each and every section, subsection, sentence, clause, phrase, part, or portion of this Ordinance shall be construed at all times so as to be in compliance with all federal, state, and local laws, roles, and regulations governing development fees. If any section, subsection, sentence, clause, phrase, pan, or portion of this Ordinance as so interpreted is held to be invalid or unconstitutional by a final judgment of a court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this Ordinance. The Board of Directors of the District hereby declares that this measure, and each section, subsection, sentence, clause, phrase, part, or portion of this Ordinance would have been adapted or passed irrespective of the fact that any one or more sections, subsections, sentences, clauses, phrases, parts, or portions of this ordinance are declared invalid or unconstitutional. In the event a court of competent jurisdiction determines that any sentence, clause, subsection, section, phrase, or any part or portion of this Ordinance is invalid or unconstitutional, the Board of Directors of the District hereby expressly requests that the court sever the invalid portion of this Ordinance and declare the balance of the Ordinance to be valid. Ordinance No. 158 Page 5 Section 13. Limitation on Judicial Review. Any judicial action or proceeding to attack, review, set aside, void, or annul this Ordinance or any wastewater capital facility fee increase adopted as a result of this Ordinance shall be brought no later than one hundred twenty {124) days following the date this Ordinance has been adopted by the Board of Directors of the Vallecitos Water District. Any action not filed within the 124- day period shall be forever barred. 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 18t" day of June, 2448, by the following roll call vote: AYES: NOES: ABSTAIN: ABSENT: FERGUSON, GENTRY, HANNAH, POLTL, SHED ~E.3~ ~ '"' al g~" f' /. / .1 9 ~ ~ { `Timothy M. ~ ell, President Board of Directors Vallecitos Water District ATTEST: ,... William W. Rucker, Secretary Board of Directors Vallecitos Water District Ordinance No. 158 Page 6 EXHIBIT "A" Vallecitos Water District Wastewater Capital Facility Fee Schedule Adopted: June 18, 2008 Effective: August 18, 2008 The purpose of Wastewater Capital Facility Fees is to provide an adequate wastewater conveyance and treatment system to serve new demand, and to provide adequate funding for future construction of facilities described in the Master Plan Update and the District's Capital Budget. 2. Fees are based upon the amount of the increased demand as measured by Equivalent Dwelling Units (EDU's) of 250 gallons per day (GPD) of wastewater. 3. Each applicant for service is subject to analysis of land use, size of property, and type of use for capacity determination and fee calculation, with minimum capacity of one EDU. The fee for residential use is determined using the chart below. The fee calculation for non-residential use may be based on an analysis using Master Plan criteria and/or the currently adopted average flow schedule by use category as incorporated in the monthly service charge schedule. The applicant may submit information to be considered in the capacity determination. 4. Fees are owed, due, and payable at the time application is made to connect to the wastewater system, or upon billing additional capacity, and prior to commitment by the District for service. To assure availability for proper planning and to meet obligations incurred by the District to develop additional capacity in the wastewater system in a timely manner, all capital facility fees are non refundable. 5. Fallowing commencement of service, other than service far residential use, the account will be monitored for flow volume. If the flow exceeds the purchased capacity based on the most recent twelve-month average, the payment or lease a (if qualified), of additional capital facility fees may be required. Unless determined otherwise, all water entering the property through the water meter or from an on- site water source is assumed to reach the wastewater system. 6. The monthly lease charge for each user participating in the Sewer Capital Facility Lease Program shall be based on the impact to and use of the District's capital sewer facilities and shall be calculated as a product of metered water at the currently adopted rate as adjusted automatically per Section 7 of this Ordinance No. The current rate per GPD is $33.95 ($8,4881250 GPD}. The monthly lease charge rate shall be determined by the following formula: Monthly Capacity Lease Rate = 1/180 x GPD x current GPD rate x 1.15 for administration and interest. 7. The District will adjust fees on January 1 of each calendar year based on the Ordinance No. Paae 7 annual percent change in the Engineering News Record Construction Cast Index. 8. The Wastewater Capital Facility Fee Schedule is as follows: Ca ital Facility Fee Residential Category_____ GPD _ Treatment Conveyance ___ Total _ Single Famil Residence 250 $4,825 $3,663 $8,488 Multi le Famil (each unit) 225 4,342 3,297 7,639 Mobile Home (each unit in ark) 200 3,860 2,930 6,790 (Non residential fees based on actual flow capacity as determined by District review.) a Lease of capacity is subject to terms and conditions of Section 6 of this Ordinance No. EXHIBIT "A" Vallecitos Water District Wastewater Capital Facility Fee Schedule Adapted: June 18, 2008 Effective: January 1, 2009 Per Ordinance 158, Section 7 (Allowing calendar year adjustment based on Engineering News Record Construction Cast Index) 1. The purpose of Wastewater Capital Facility Fees is to provide an adequate wastewater conveyance and treatment system to serve new demand, and to provide adequate funding for future construction of facilities described in the Master Plan Update and the District's Capital Budget. 2. Fees are based upon the amount of the increased demand as measured by Equivalent Dwelling Units (EDU's) of 250 gallons per day (GPD) of wastewater. 3. Each applicant for service is subject to analysis of land use, size of property, and type of use for capacity determination and fee calculation, with minimum capacity of one EDU. The fee for residential use is determined using the chart below. The fee calculation for non-residential use may be based on an analysis using Master Plan criteria and/or the currently adopted average flow schedule by use category as incorporated in the monthly service charge schedule. The applicant may submit information to be considered in the capacity determination. 4. Fees are owed, due, and payable at the time application is made to connect to the wastewater system, or upon billing additional capacity, and prior to commitment by the District for service. To assure availability for proper planning and to meet obligations incurred by the District to develop additional capacity in the wastewater system in a timely manner, all capital facility fees are non refundable. 5. Following commencement of service, other than service for residential use, the account will be monitored for flow volume. If the flow exceeds the purchased capacity based on the most recent twelve-month average, the payment or lease a (if qualified), of additional capital facility fees may be required. Unless determined otherwise, all water entering the property through the water meter or from an on-site water source is assumed to reach the wastewater system. 6. The monthly lease charge for each user participating in the Sewer Capital Facility Lease Program shall be based on the impact to and use of the District's capital sewer facilities and shall be calculated as a product of metered water at the currently adopted rate as adjusted automatically per Section 7 of this Ordinance No 158. The current rate per GPD is $35.47 ($8,868 / 250 GPD), The monthly lease charge rate shall be determined by the following formula: Monthly Capacity Lease Rate = 1/180 x GPD x current GPD rate x 1.15 for administration and interest. 7. The District will adjust fees on January 1 of each calendar year based on the annual percent change in the Engineering News Record Construction Cost Index. 8. The Wastewater Capital Facility Fee Schedule is as follows: Capital Facility Fee Residential Category GPD Treatment Conveyance Total Single Family Residence 250 $5,041 $3,827 $8,868 Multiple Family (each unit) 225 4,536 3,445 7,981 Mobile Home (each unit in park) 200 4,033 3,061 7,094 (Non residential fees based on actual flow capacity as determined by District review.) a Lease of capacity is subject to terms and conditions of Section 6 of Ordinance No.158. ORDINANCE 158, EXHIBIT "A" EXHIBIT "A" Vallecitos Water District Wastewater Capital Facility Fee Schedule Adopted: June 18, 2008 Effective: January 1, 2010 Per Ordinance 158, Section 7 (Allowing calendar year adjustment based on Engineerin News Record Construction Cost Index) 1. The purpose of Wastewater Capital Facility Fees is to provide an adequate wastewater conveyance and treatment system to serve new demand, and to provide adequate funding for future construction of facilities described in the Master Plan Update and the District's Capital Budget. 2. Fees are based upon the amount of the increased demand as measured by Equivalent Dwelling Units (EDU's) of 250 gallons per day (GPD) of wastewater. 3. Each applicant for service is subject to analysis of land use, size of property, and type of use for capacity determination and fee calculation, with minimum capacity of one EDU. The fee for residential use is determined using the chart below. The fee calculation for non-residential use may be based on an analysis using Master Plan criteria and/or the currently adopted average flow schedule by use category as incorporated in the monthly service charge schedule. The applicant may submit information to be considered in the capacity determination. 4. Fees are owed, due, and payable at the time application is made to connect to the wastewater system, or upon billing additional capacity, and prior to commitment by the District for service. To assure availability for proper planning and to meet obligations incurred by the District to develop additional capacity in the wastewater system in a timely manner, all capital facility fees are non refundable. 5. Following commencement of service, other than service for residential use, the account will be monitored for flow volume. If the flow exceeds the purchased capacity based on the most recent twelve-month average, the payment or lease a (if qualified), of additional capital facility fees may be required. Unless determined otherwise, all water entering the property through the water meter or from an on-site water source is assumed to reach the wastewater system. 6. The monthly lease charge for each user participating in the Sewer Capital Facility Lease Program shall be based on the impact to and use of the District's capital sewer facilities and shall be calculated as a product of metered water at the currently adopted rate as adjusted automatically per Section 7 of this Ordinance No 158. The current rate per GPD is $35.84 ($8,961 / 250 GPD). The monthly lease charge rate shall be determined by the following formula: Monthly Capacity Lease Rate = 1/180 x GPD x current GPD rate x 1.15 for administration and interest. 7. The District will adjust fees on January 1 of each calendar year based on the annual percent change in the Engineering News Record Construction Cost Index. 8. The Wastewater Capital Facility Fee Schedule is as follows: 2010 Capital Facility Fee Residential Category GPD Treatment Conveyance Total Single Family Residence 250 $ 5,094 $ 3,867 $ 8,961 Multiple Family (each unit) 225 4,585 3,480 8,065 Mobile Home (each unit in park) 200 4,075 3,094 7,169 (Non residential fees based on actual flow capacity as determined by District review.) a Lease of capacity is subject to terms and conditions of Section 6 of Ordinance No.158. ORDINANCE 158, EXHIBIT "A" EXHIBIT "A" Vallecitos Water District Wastewater Capital Facility Fee Schedule Adopted: June 18, 2006 Effective: January 1, 2009 Per Ordinance 158, Section 7 (Allowing calendar year adjustment based on Engineering News Record Construction Cost Index) 1. The purpose of Wastewater Capital Facility Fees is to provide an adequate wastewater conveyance and treatment system to serve new demand, and to provide adequate funding for future construction of facilities described in the Master Plan Update and the District's Capital Budget. 2. Fees are based upon the amount of the increased demand as measured by Equivalent Dwelling Units (EDU's) of 250 gallons per day (GPD) of wastewater. 3. Each applicant for service is subject to analysis of land use, size of property, and type of use for capacity determination and fee calculation, with minimum capacity of one EDU. The fee for residential use is determined using the chart below. The fee calculation for non - residential use may be based on an analysis using Master Plan criteria and /or the currently adopted average flow schedule by use category as incorporated in the monthly service charge schedule. The applicant may submit information to be considered in the capacity determination. 4. Fees are owed, due, and payable at the time application is made to connect to the wastewater system, or upon billing additional capacity, and prior to commitment by the District for service. To assure availability for proper planning and to meet obligations incurred by the District to develop additional capacity in the wastewater system in a timely manner, all capital facility fees are non refundable. 5. Following commencement of service, other than service for residential use, the account will be monitored for flow volume. If the flow exceeds the purchased capacity based on the most recent twelve -month average, the payment or lease a (if qualified), of additional capital facility fees may be required. Unless determined otherwise, all water entering the property through the water meter or from an on -site water source is assumed to reach the wastewater system. 6. The monthly lease charge for each user participating in the Sewer Capital Facility Lease Program shall be based on the impact to and use of the District's capital sewer facilities and shall be calculated as a product of metered water at the currently adopted rate as adjusted automatically per Section 7 of this Ordinance No 158. The current rate per GPD is $35.47 ($8,868 / 250 GPD). The monthly lease charge rate shall be determined by the following formula: Monthly Capacity Lease Rate = 1/180 x GPD x current GPD rate x 1.15 for administration and interest. 7. The District will adjust fees on January 1 of each calendar year based on the annual percent change in the Engineering News Record Construction Cost Index. 8. The Wastewater Capital Facility Fee Schedule is as follows: (Non residential fees based on actual flow capacity as determined by District review.) 2 Lease of capacity is subject to terms and conditions of Section 6 of Ordinance No.158. ORDINANCE 158, EXHIBIT "A" Capital Facility Fee Residential Category GPD Treatment Conveyance Total Single Family Residence 250 $5,041 $3,827 $8,868 Multiple Family (each unit) 225 4,536 3,445 7,981 Mobile Home (each unit in park) 200 4,033 3,061 7,094 (Non residential fees based on actual flow capacity as determined by District review.) 2 Lease of capacity is subject to terms and conditions of Section 6 of Ordinance No.158. ORDINANCE 158, EXHIBIT "A" EXHIBIT "A" Vallecitos Water District Wastewater Capital Facility Fee Schedule Adopted: June 18, 2008 Effective: January 1, 2010 Per Ordinance 158, Section 7 (Allowing calendar year adjustment based on Engineering News Record Construction Cost Index) 1. The purpose of Wastewater Capital Facility Fees is to provide an adequate wastewater conveyance and treatment system to serve new demand, and to provide adequate funding for future construction of facilities described in the Master Plan Update and the District's Capital Budget. 2. Fees are based upon the amount of the increased demand as measured by Equivalent Dwelling Units (EDU's) of 250 gallons per day (GPD) of wastewater. 3. Each applicant for service is subject to analysis of land use, size of property, and type of use for capacity determination and fee calculation, with minimum capacity of one EDU. The fee for residential use is determined using the chart below. The fee calculation for non - residential use may be based on an analysis using Master Plan criteria and /or the currently adopted average flow schedule by use category as incorporated in the monthly service charge schedule. The applicant may submit information to be considered in the capacity determination. 4. Fees are owed, due, and payable at the time application is made to connect to the wastewater system, or upon billing additional capacity, and prior to commitment by the District for service. To assure availability for proper planning and to meet obligations incurred by the District to develop additional capacity in the wastewater system in a timely manner, all capital facility fees are non refundable. 5. Following commencement of service, other than service for residential use, the account will be monitored for flow volume. If the flow exceeds the purchased capacity based on the most recent twelve -month average, the payment or lease a (if qualified), of additional capital facility fees may be required. Unless determined otherwise, all water entering the property through the water meter or from an on -site water source is assumed to reach the wastewater system. 6. The monthly lease charge for each user participating in the Sewer Capital Facility Lease Program shall be based on the impact to and use of the District's capital sewer facilities and shall be calculated as a product of metered water at the currently adopted rate as adjusted automatically per Section 7 of this Ordinance No 158. The current rate per GPD is $35.84 ($8,961 / 250 GPD). The monthly lease charge rate shall be determined by the following formula: Monthly Capacity Lease Rate = 1/180 x GPD x current GPD rate x 1.15 for administration and interest. 7. The District will adjust fees on January 1 of each calendar year based on the annual percent change in the Engineering News Record Construction Cost Index. 8. The Wastewater Capital Facility Fee Schedule is as follows: (Non residential fees based on actual flow capacity as determined by District review.) 2 Lease of capacity is subject to terms and conditions of Section 6 of Ordinance No.158. ORDINANCE 158, EXHIBIT "A" 2010 Capital Facility Fee Residential Category GPD Treatment Conveyance Total Single Family Residence 250 $ 5,094 $ 3,867 $ 8,961 Multiple Family (each unit) 225 4,585 3,480 8,065 Mobile Home (each unit in park) 200 4,075 3,094 7,169 (Non residential fees based on actual flow capacity as determined by District review.) 2 Lease of capacity is subject to terms and conditions of Section 6 of Ordinance No.158. ORDINANCE 158, EXHIBIT "A" EXHIBIT "A" Vallecitos Water District Wastewater Capital Facility Fee Schedule Adopted: June 18, 2008 Effective: January 1, 2011 Per Ordinance 158, Section 7 (Allowing calendar year adjustment based on Engineering News Record Construction Cost Index) 1. The purpose of Wastewater Capital Facility Fees is to provide an adequate wastewater conveyance and treatment system to serve new demand, and to provide adequate funding for future construction of facilities described in the Master Plan Update and the District's Capital Budget. 2. Fees are based upon the amount of the increased demand as measured by Equivalent Dwelling Units (EDU's) of 250 gallons per day (GPD) of wastewater. 3. Each applicant for service is subject to analysis of land use, size of property, and type of use for capacity determination and fee calculation, with minimum capacity of one EDU. The fee for residential use is determined using the chart below. The fee calculation for non - residential use may be based on an analysis using Master Plan criteria and /or the currently adopted average flow schedule by use category as incorporated in the monthly service charge schedule. The applicant may submit information to be considered in the capacity determination. 4. Fees are owed, due, and payable at the time application is made to connect to the wastewater system, or upon billing additional capacity, and prior to commitment by the District for service. To assure availability for proper planning and to meet obligations incurred by the District to develop additional capacity in the wastewater system in a timely manner, all capital facility fees are non - refundable. 5. Following commencement of service, other than service for residential use, the account will be monitored for flow volume. If the flow exceeds the purchased capacity based on the most recent twelve -month average, the payment or lease 2 (if qualified), of additional capital facility fees may be required. Unless determined otherwise, all water entering the property through the water meter or from an on -site water source is assumed to reach the wastewater system. 6. The monthly lease charge for each user participating in the Sewer Capital Facility Lease Program shall be based on the impact to and use of the District's capital sewer facilities and shall be calculated as a product of metered water at the currently adopted rate as adjusted automatically per Section 7 of this Ordinance No 158. The current rate per GPD is $37.13 ($9,283 / 250 GPD). The monthly lease charge rate shall be determined by the following formula: Monthly Capacity Lease Rate = 1/180 x GPD x current GPD rate x 1.15 for administration and interest. 7. The District will adjust fees on January 1 of each calendar year based on the annual percent change in the Engineering News Record Construction Cost Index. B. The Wastewater Capital Facility Fee Schedule is as follows: (Non- residential fees based on actual flow capacity as determined by District review.) ° Lease of capacity is subject to terms and conditions of Section 6 of Ordinance No.158. ORDINANCE 158, EXHIBIT "A" 2011 Capital Facility Fee Residential Category GPD Treatment Conveyance Total Single Family Residence 250 $ 5,277 $ 4,006 $ 9,283 Multiple Family (each unit) 225 4,749 3,605 8,355 Mobile Home (each unit in park) 200 4,222 3,205 7,426 (Non- residential fees based on actual flow capacity as determined by District review.) ° Lease of capacity is subject to terms and conditions of Section 6 of Ordinance No.158. ORDINANCE 158, EXHIBIT "A" EXHIBIT "A" Vallecitos Water District Wastewater Capital Facility Fee Schedule Adopted: June 18, 2008 Effective: January 1, 2012 Per Ordinance 158, Section 7 (Allowing calendar year adjustment based on Engineering News Record Construction Cost Index) 1. The purpose of Wastewater Capital Facility Fees is to provide an adequate wastewater conveyance and treatment system to serve new demand, and to provide adequate funding for future construction of facilities described in the Master Plan Update and the District's Capital Budget. 2. Fees are based upon the amount of the increased demand as measured by Equivalent Dwelling Units (EDUs) of 250 gallons per day (GPD) of wastewater. 3. Each applicant for service is subject to analysis of land use, size of property, and type of use for capacity determination and fee calculation, with minimum capacity of one EDU. The fee for residential use is determined using the chart below. The fee calculation for non - residential use may be based on an analysis using Master Plan criteria and /or the currently adopted average flow schedule by use category as incorporated in the monthly service charge schedule. The applicant may submit information to be considered in the capacity determination. 4. Fees are owed, due, and payable at the time application is made to connect to the wastewater system, or upon billing additional capacity, and prior to commitment by the District for service. To assure availability for proper planning and to meet obligations incurred by the District to develop additional capacity in the wastewater system in a timely manner, all capital facility fees are non - refundable. 5. Following commencement of service, other than service for residential use, the account will be monitored for flow volume. If the flow exceeds the purchased capacity based on the most recent twelve -month average, the payment or lease a (if qualified), of additional capital facility fees may be required. Unless determined otherwise, all water entering the property through the water meter or from an on -site water source is assumed to reach the wastewater system. 6. The monthly lease charge for each user participating in the Sewer Capital Facility Lease Program shall be based on the impact to and use of the District's capital sewer facilities and shall be calculated as a product of metered water at the currently adopted rate as adjusted automatically per Section 7 of this Ordinance No 158. The current rate per GPD is $38.06 ($9,515 / 250 GPD). The monthly lease charge rate shall be determined by the following formula: Monthly Capacity Lease Rate = 1/180 x GPD x current GPD rate x 1.15 for administration and interest. 7. The District will adjust fees on January 1 of each calendar year based on the annual percent change in the Engineering News Record Construction Cost Index. B. The Wastewater Capital Facility Fee Schedule is as follows: (Non- residential fees based on actual flow capacity as determined by District review.) ° Lease of capacity is subject to terms and conditions of Section 6 of Ordinance No.158. ORDINANCE 158, EXHIBIT "A" 2012 Capital Facility Fee Residential Category GPD Treatment Conveyance Total Single Family Residence 250 $ 5,409 $ 4,106 $ 9,515 Multiple Family (each unit) 225 4,868 3,695 8,563 Mobile Home (each unit in park) 200 4,328 3,285 7,613 (Non- residential fees based on actual flow capacity as determined by District review.) ° Lease of capacity is subject to terms and conditions of Section 6 of Ordinance No.158. ORDINANCE 158, EXHIBIT "A"