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HomeMy WebLinkAboutOrdinance #4157 ORDINANCE NO. 4157 AN ORDINANCE OF THE CITY OF HUNTINGTON BEACH AMENDING SECTION 14.12.040 OF CHAPTER 14.12 OF THE HUNTINGTON BEACH MUNICIPAL CODE REGARDING WATER METER RATES AND WATER COMMODITY RATES PURSUANT TO CALIFORNIA HEALTH& SAFETY CODE SECTION 5470, ET SEQ. The City Council of the City of Huntington Beach does hereby ordain as follows: SECTION 1. Section 14.12.040 of Chapter 14.12 of the Huntington Beach Municipal Code regarding Water Fees, Rates and Deposits is hereby amended to read as follows: 14.12.040 Authority to Adopt Rates and Charges A. Pursuant to California Health & Safety Code Section 5470 et. seq., including Sections 5471 and 5474, the City is authorized to adopt rates and charges for the acquisition, construction, reconstruction, maintenance, and operation of water facilities. This Chapter is intended to ensure that sufficient revenues are collected to adequately acquire, construct, reconstruct, maintain, and operate the City's needed water facilities. By imposing a Water Meter Rate, a Water Commodity Rate, and a Capital Facility Charge that are reasonably related to the burdens imposed upon the water facilities by water service customers, the City will be able to acquire and/or construct the required capital improvements to the water facilities to maintain and improve water facilities. B. The City shall charge a Water Meter Rate and a Water Commodity Rate. The Water Meter Rate shall be charged based upon the size of the water meter, or the number of dwelling units the meter serves. The Water Commodity Rate shall be a water consumption charge for each one hundred cubic feet of water delivered. The Water Meter Rate and Water Commodity Rate shall be set by a Resolution adopted by a two-thirds vote of the members of the City Council. Both Rates shall be further defined in the Resolutions establishing the Rates. Both Rates shall be charged and collected monthly. No Resolution may be adopted except in compliance with Section 6 of Article XIIID of the California Constitution and the majority protest provisions of Government Code Sections 53755 and 53756. C. The City may charge a Capital Surcharge based upon the size of the water meter, or the number of dwelling units the meter serves. The Capital Surcharge shall be set by a Resolution adopted by a two-thirds vote of the members of the City Council. The Surcharge shall be charged and collected monthly. All monies collected by the Capital Surcharge shall be used for water projects that are consistent with the goals and objectives of the Water Master Plan adopted by the City Council. 17-6154/172162/SFF 1 ORDINANCE NO. 4157 D. As part of the Resolutions establishing the Water Meter Rate, any Capital Surcharge, and the Water Commodity Rate, the City Council may include a schedule of adjustments, effective July 1 of each year, for up to five (5) years. The adjustments may include an annual percentage adjustment reflecting the increase in the Consumer Price Index for all Urban Consumers ("CPIU") in Los Angeles, Orange and Riverside Counties established by the U.S. Bureau of Labor Statistics. Notice of any adjustment to the Water Meter Rate and any Capital Surcharge shall be provided by way of an insert in the monthly City water and sewer bill at least thirty (30) days before the effective date of the Rate and Surcharge adjustment. E. The Water Commodity Rate shall be adjusted annually, effective July 1 of each year to reflect the increase to the cost to the City of well water from the Orange County Water District, and the cost of water from the Municipal Water District of Orange County. Notice of any adjustment to the Water Commodity Rate shall be provided by way of an insert in the City monthly water and sewer bill at least 30 days before the effective date of the rate adjustment. F. Neither the Water Meter Rate, the Capital Surcharge, nor the Water Commodity Rate shall exceed the reasonable cost of providing the services, facilities or regulatory activity for which the rates or charges are imposed. G. Pursuant to Health & Safety Code Section 5472, any person may pay under protest the Water Meter Rate, Capital Surcharge, and/or Water Commodity Rate, and bring an action against the City in the Orange County Superior Court to recover money which the City refuses to refund. Any protest shall be filed with the City Clerk no later than prior to or concurrently with the date the payment of the Rate(s) and/or Surcharge are due. SECTION 2. Severability. The City Council hereby declares that the provisions of this Ordinance are severable and, if for any reason a court of competent jurisdiction shall hold any phrase, sentence, paragraph or section of this Ordinance to be invalid, such decision shall not affect the validity of the remaining parts of this Ordinance. SECTION 3. Effective Date. This Ordinance shall take effect and be in full force thirty (30) days from and after passage thereof. SECTION 4. This Ordinance shall become effective 30 days after its adoption. 17-6154/172162/SFF 2 ORDINANCE NO. 4157 PASSED AND ADOPTED b the City Council f the City of Huntington Beach at a regular meeting thereof held on the day ofpy-j , 2018. Mayor ATTEST: APPROVED AS TO FORM: r 1&�440jiti- City'Clerk ity Attorney REVIEW D AND APPROVED: TIATED AND APPROVED: Cis Manager Director of Ablic Works 17-6154/172162/SFF 3 Ord. No. 4157 STATE OF CALIFORNIA ) COUNTY OF ORANGE ) ss: CITY OF HUNTINGTON BEACH ) I, ROBIN ESTANISLAU, the duly elected, qualified City Clerk of the City of Huntington Beach, and ex-officio Clerk of the City Council of said City, do hereby certify that the whole number of members of the City Council of the City of Huntington Beach is seven; that the foregoing ordinance was read to said City Council at a Regular meeting thereof held on April 2, 2018, and was again read to said City Council at a Regular meeting thereof held on April 16, 2018, and was passed and adopted by the affirmative vote of at least a majority of all the members of said City Council. AYES: Semeta, Posey, Delgleize, Hardy, Brenden NOES: O'Connell, Peterson ABSENT: None ABSTAIN: None 1,Robin Estanislau,CITY CLERK of the City of Huntington Beach and ex-officio Clerk of the City Council,do hereby certify that a synopsis of this ordinance has been published in the Huntington Beach Wave on April 26,2018. In accordance with the City Charter of said City. Robin Estanislau City Clerk City Clerk and ex-officio Clerk or Deputy City Clerk of the City Council of the City IL4 1 of Huntington Beach, California