HomeMy WebLinkAbout1075 - Amending Sewer Connection Charges ORDINANCE NO. 1075
AN URGENCY ORDINANCE OF THE CITY COUNCIL OF
THE CITY OF UKIAH AMENDING SECTION 3731A OF THE
UKIAH CITY CODE
The City Council of the City of Ukiah hereby ordains as follows:
SECTION ONE
3731A: SEWER CONNECTION CHARGES:
The following charges are hereby established for the connection of the plumbing of any
building or structure which discharges to the sanitary sewer system of the City and said
charges are separate from any other charges presently levied or which may be levied in
the future:
A. Residential Schedule:
Ten thousand nine hundred eleven dollars ($10,911.00) for equivalent sewer service unit
(ESSU) per dwelling unit connected to the wastewater system based on the number of
bedrooms according to the following schedule:
1. One bedroom $9,820.00 0.9 ESSU
2. Two bedroom 10,911.00 1.0 ESSU
3. Three bedroom 12,002.00 1 .1 ESSU
4. For each additional bedroom 1,091.00 0.1 ESSU
B. Commercial and Industrial Schedule:
1 . Ten thousand nine hundred eleven dollars ($10,911.00) per ESSU for commercial and
industrial connections (reduced 50% for hotels and motels); the ESSU assignment shall
be determined by the Public Utilities Director based upon biochemical oxygen demand
removal requirements, other treatment requirements, and gallonage of flow, and any
other sewage characteristics as the Public Utilities Director deems appropriate.
2. If a discharger disagrees with the fee established by the Public Utilities Director under
subsection B.1 above, he, she or it may appeal to the City Clerk within ten (10) days of
notification of the charge. The appeal will then be heard by the City Council at its next
regularly scheduled meeting, occurring not sooner than 10 days following the receipt of
the request for appeal. At that time, the City Council shall determine whether or not the
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charge is justified.
C. Future Amendments to Fees.
The City Council may amend the connection fees, as set forth in subsections A and B,
above, by resolution without further amendment of this Code section.
SECTION TWO. SEVERABILITY.
If any provision of this ordinance or the application thereof to any person or circumstance
is held invalid, the remainder of the ordinance and the application of such provision to
other persons or circumstances shall not be affected thereby. The City Council hereby
declares that it would have adopted this Ordinance and any section, subsection,
sentence, clause or phrase thereof irrespective of the fact that any one or more sections,
subsections, sentences, clauses or phrases be declared unconstitutional or otherwise
invalid.
SECTION THREE. URGENCY ORDINANCE
This ordinance is hereby declared to be necessary for the immediate preservation
of the public peace, health, and safety and will take effect and be in force upon its
adoption by a fourth-fifths (4/5) vote of the members of the Ukiah City Council. The City
must finance the construction of the Wastewater Treatment Plant expansion and
rehabilitation project ("the Project"). Connection fees will fund the expansion portion of
the project. The City must issue bonds in connection with this financing. The connection
fee increase enacted by this Ordinance is necessary to generate sufficient revenues to
repay the portion of the bonds funding the expansion project. The rate increase must be
in effect before the City approves an Official Statement to purchasers of the bonds for the
entire Project to assure those potential buyers that sufficient revenues exist to repay the
bonds. If this ordinance is enacted without the urgency declaration and 4/5 vote of the
City Council, it could not be adopted before January 18 and could not become effective
before February 17, delaying bond issuance by two months or more. Interest rates are
increasing and the extra financing costs associated with an interest rate increase could
require a resizing of the bond issue and further delays in bond issuance. The City has
already awarded the construction contract for the Project and must have bond proceeds
available to pay the contractor under the terms of the construction contract. The timely
completion of the Project is essential to the public health and safety. Any unnecessary
delay could result in adverse impacts to public health and safety, including the failure of
fully depreciated components of the existing wastewater treatment plant This ordinance
shall be published in accordance with law within ten days after its adoption.
Adopted on January 9, 2006 by the following roll call vote:
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AYES: Councilmembers Crane, McCowen, Rodin, and Mayor Ashiku
NOES: None
ABSENT: Councilmember Baldwin
ABSTAIN: None
ark Ashiku,Vay6r
ATTEST:
Marie Ulvila, City Clerk
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