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Ord 0129 06/2001ORDINANCE NO. 129 AN ORDINANCE OF THE VALLECITOS WATER DISTRICT AMENDING AND MODIFYING ORDINANCE NO. 114 AND 127 AND REPEALING ESTABLISHED SEWER RATES AND FLOW CHARGES BE IT ORDAINED by the Board of Directors of the Vallecitos Water District as follows: SECTION 1: The Board of Directors finds and determines that the following facts are true and correct: Section 1.1: The Vallecitos Water District ("District") has the authority to establish sewer rates and flow charges for services provided within the District boundaries in accordance with Water Code Section 31101, et seq. Section 1.2: Reports have been prepared by the management and staff of the District on the potential sewer rates and flow charges and charges based upon service levels and funding requirements for fiscal year 2001-2002. Section 1.3: At least 10 days prior to June 20, 2001, public data was made available indicating the amount of costs required to provide sewer service including the revenue sources anticipated to provide the necessary services. Section 1.4: The recommendations of District staff have been considered by the Board of Directors of the District. Section 1.5: Having heard, considered, and reviewed staff reports and information from interested persons who have had an opportunity to express their views to the Board of Directors, and being fully advised regarding the consequences of the proposed increases in sewer rates and flow charges, it is in the interest of the District and the people served to approve the sewer rates and flow charges for fiscal year 2001-2002 contained in this ordinance. SECTION 2: In accordance with the California Environmental Quality Act Guidelines Section 15061, the Board of Directors ordains that the rates established by this ordinance are exempt from CEQA for the following reasons: 1. The sewer rates and flow charges 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 effect upon the environment Ordinance No. 129 Page 2 pursuant to Guidelines Sections 15061(b)(3). SECTION 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. SECTION 4: Ordinance No. 114 and 127, Section 4, Article II: Monthly Sewer Service, is hereby amended to read as follows: ARTICLE II: MONTHLY SEWER SERVICE The monthly Sewer Service Charges shall be effective on all bills mailed after July 31, 2001. Said charges shall be due and payable monthly as follows: Category Single Family Residential * Apartment * Condominium * Duplex/Triplex * Mobile Home Comm/Ind (Per Employee) Restaurant (Per Seat) Hotel/Motel/Conv. (Per Living Unit) Laundromat (Per Machine) Schools (Per Student) Church/Theater (Per Seat) Industrial (Flow in HCF) ** Minimum commercial charge Monthly Sewer Energy Rate Surcharge $ 15.55 $ 1.40 14.10 1.25 14.10 1.25 14.10 1.25 12.45 1.10 1.40 0.11 1.00 0.08 8.00 0.70 12.95 1.15 0.32 0.03 0.13 0.03 2.05 0.11 8.46 .66 Total Monthly Charge $ 16.95 15.35 15.35 15.35 13.55 1.51 1.08 8.70 14.10 0.35 0.16 2.16 9.12 *A Frugal User rate of $12.45 plus a $1.10 surcharge shall apply only to sewer customers that are also water customers, when water consumption in the month is 5 units or less per dwelling unit. **For Industrial Flow, all water entering the property through the water meter is assumed to reach the sewer unless the discharger presents evidence to the contrary which is satisfactory to the District. The District Manager, with Board approval, may adjust the charges in those cases where a significant percentage of the water entering the property does not enter the sewer system; but in no case shall he adjust the sewer service charge so that the resulting monthly charge is Tess than $12.45 per month. Any and all units that have sewer characteristics which the District deems to be unusual, Ordinance No. 129 Page 3 Any and all units that have sewer characteristics which the District deems to be unusual, including any of the above, shall have monthly rates established upon study and recommendation by the Manager and approval of the Board of Directors. ALL OTHER ORDINANCES, ARTICLES OR SECTIONS OF ORDINANCES, OR AMENDMENTS IN CONFLICT HEREWITH ARE HEREBY REPEALED. This ordinance shall become effective July 1, 2001, and shall be published in a newspaper of general circulation within the District. PASSED, APPROVED, AND ADOPTED by the Board of Directors of the Vallecitos Water District at a regular meeting held this 20th day of June, 2001, by the following roll call vote: AYES: CRUZ, DAVY, HANNAN, MASON, FERGUSON NOES: ABSTAIN: ABSENT: ATTEST: William W. Rucker, Secretary Board of Directors Vallecitos Water District Marget E. Fergus•j, President Boar. of Directors Vallecitos Water District