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HomeMy WebLinkAbout1977-07-15; Municipal Water District; Resolution 363RESOLUTION NO. 363 RESOLUTION OF THE BOARD OF DIRECTORS OF CARLSBAD MUNICIPAL WATER DISTRICT FIXING RATES AND CHARGES OF WATER SUPPLIED BY CARLSBAD MUNICIPAL WATER DISTRICT AND RESCINDING RESOLUTION NO. 335 WHEREAS, Article I11 of Ordinance No. 26 of CARLSBAD MUNICIPAL WATER DISTRICT provides that the water rates and all charges for all water delivered by CARLSBAD MUNICIPAL WATER DISTRICT shall be fixed and changed by Resolution; and WHEREAS, the existing Resolution pertaining to rates and charges of CARLSBAD MUNICIPAL WATER DISTRICT is deemed to be inadequate; and WHEREAS, a special committee of the members of the Board of Directors and members of the staff of CARLSBAD MUNICIPAL WATER DISTRICT carefully investigated the matter and arrived at - the conclusion that a revision of the schedule of rates and charges for water delivered which would create a water rate in- crease would be necessary; and WHEREAS, the said special committee reported the conclu- sion to the Board of Directors of CARLSBAD MUNICIPAL WATER DIS- TRICT; and WHEREAS, on March 2, 1977, after investigation and care- ful deliberation, the Board of Directors of CARLSBAD MUNICIPAL WATER DISTRICT employed WESTEC SERVICES, INC. to investigate and prepare an initial study on the proposed water rate increase in accordance with the Local Guidelines Implementing the CALIFORNIA ENVIRONMENTAL QUALITY ACT, herein for convenience - I I referred to as "CEQA", as adopted by the CARLSBAD MUNICIPAL WATER DISTRICT by Resolution No. 356 on January 5, 1977; and WHEREAS, WESTEC SERVICES, INC. conducted a detailed and -1- thorough initial study on the proposed water rate increase, in accordance with CEQA and the Local Guidelines, to determine if the proposed water rate increase would have a significant ef- fect on the environment; and WHEREAS, on May 4, 1977, WESTEC SERVICES, INC. submitted a written initial study to CARLSBAD MUNICIPAL WATER DISTRICT, entitled "INITIAL STUDY OF CARLSBAD MUNICIPAL WATER DISTRICT PROPOSED WATER RATE INCREASE", hereinafter for convenience re- ferred to as "INITIAL STUDY", which concluded that the proposed water rate increase would not have a significant effect on the environment; and WHEREAS, on May 4, 1977, it was publicly announced at the regular meeting of the Board of Directors of CARLSBAD MUNICIPAL WATER DISTRICT that the INITIAL STUDY had been delivered to CARLSBAD MUNICIPAL WATER DISTRICT and that the Board of Directors would consider action on the INITIAL STUDY at the next regular meeting of the Board of Directors on May 18, 1977 and that the original INITIAL STUDY would be available thereafter at the office of CARLSBAD MUNICIPAL WATER DISTRICT for review by any interested party; and WHEREAS, on May 18, 1977, at the regular meeting of the Board of Directors of CARLSBAD MUNICIPAL WATER DISTRICT, repre- sentatives of WESTEC SERVICES, INC. reviewed the INITIAL STUDY prepared by them and answered any questions about the INITIAL STUDY; and WHEREAS, the President of the Board of Directors of CARLS- BAD MUNICIPAL WATER DISTRICT reported there was no written cor- respondence or written comments in reference to the INITIAL STUDY; and - WHEREAS, the President of the Board of Directors of CARSL- BAD MUNICIPAL WATER DISTRICT requested any comments from the -2- audience on the INITIAL STUDY; and WHEREAS, there were no comments from the audience; and WHEREAS, on May 18, 1977, after due discussion, the INITIAL STUDY was adopted by the Board of Directors of CARLSBAD MUNICIPAL WATER DISTRICT, concluding that the proposed water rate increase would not have a significant effect on the environ- ment; and WHEREAS, on June 20, 1977, in accordance with CEQA, a Notice of Preparation of Negative Declaration was posted by the District Manager (acting General Manager) on the bulletin board of the office of CARLSBAD MUNICIPAL WATER DISTRICT, 5950 El Camino Real, Carlsbad, California, indicating that the CARLSBAD MUNICIPAL WATER DISTRICT intended to adopt a Negative Declara- tion in reference to the proposed water rate increase in that such proposed water rate increase would not have a significant effect on the environment; and WHEREAS, on July 1, 1977, at an adjourned regular meeting of the Board of Directors, a Negative Declaration was adopted by the Board of Directors of CARLSBAD MUNICIPAL WATER DISTRICT in reference to the proposed water rate increase; and WHEREAS, on July 1, 1977, the Board of Directors of CARLSBAD MUNICIPAL WATER DISTRICT did cause a Notice of Determi- nation, together with a copy of the Notice of Negative Declara- tion, as set forth in CEQA, to be posted on the bulletin board of the office of CARLSBAD MUNICIPAL WATER DISTRICT, 5950 El Camino Real, Carlsbad, California; and WHEREAS, on July 6, 1977, a copy of the said Notice of Determination, together with a copy of the Notice of Negative Declaration, and the INITIAL STUDY was filed with the Clerk of San Diego County; and WHEREAS, after July 1, 1977, and after the adoption of -3- the Negative Declaration by the Board of Directors of CARLSBAD MUNICIPAL WATER DISTRICT, a copy of the Negative Declaration and the INITIAL STUDY have been on file in the office of the CARLSBAD MUNICIPAL WATER DISTRICT and have been available for public inspection; and WHEREAS, the Board of Directors of CARLSBAD MUNICIPAL WATER DISTRICT has received no comments from the public in ref- erence to the Notice of Negative Declaration and INITIAL STUDY; and WHEREAS, the Board of Directors of CARLSBAD MUNICIPAL WATER DISTRICT deems it expedient, proper, necessary and to the best interest of the CARLSBAD MUNICIPAL WATER DISTRICT to re- vise the schedule of rates and charges for all water delivered and to approve the proposed water rate increase. NOW, THEREFORE, THE BOARD OF DIRECTORS OF CARLSBAD MUNICI- PAL WATER DISTRICT DOES HEREBY RESOLVE AS FOLLOWS: 1. Resolution No. 335 of the Board of Directors of CARSL- BAD MUNICIPAL WATER DISTRICT, adopted August 6, 1975, is hereby rescinded and the proposed water rate increase is approved, and it is determined that the proposed water rate increase will not have a significant effect on the environment. 2. The monthly ready-to-serve charge for each meter con- nection shall consist of a charge for the size of the meter as hereinafter set forth and a charge for the type of use as here- inafter set forth: .- Charge for Meter Size 5/8" 3/4" 1 -4- Charge $ 4.00 $ 4.00 $ 5.00 Size 1 1/2" 2 3 I' 4 6 I' 8 I' Charge $ 7.00 $ 11.50 $ 17.50 $ 34.50 $ 50.00 $ 75.00 Charge for Type of Use Retail - Individual Retail - Agricultural None Retail - Special (Hotels and $1.00 for each living unit Motels, with trans- within the multiple serv- ient customers ) ices through the same meter. Retail - Multiple $2.30 for each dwelling or Retail - Condominium living unit within the mul- Retail - Mobile Home Parks tiple services through the Retail - Camp Parks same meter. Retail - Fire Protection $8.00 per connection. Service 3. The rates on a monthly basis charged for all water de- livered by the District shall be as follows: Wholesale: $14.00 per acre foot, plus the average cost of the water to the District for the preceding month. The cost of the water to the District shall be the amount charged by San Diego County Water Authority for the water, plus the cost of chlorination used for water purification. There shall be an additional charge of $13.00 per acre foot for water sold for use in Improvement Districts 2 and 3. There shall be an additional charge of $1.00 per acre foot per mile for any water using the pipelines of Improvement Districts 2 and 3, to trans- port water for sale outside of Improvement Districts 2 and 3. -5- Retail - Individual $0.33 per 100 cubic feet Retail - Mobile Home Parks or fraction thereof. Retail - Camp Parks Retail - Construction .- Retail - Multiple Same as "Retail - Individual" Retail - Special (Hotels and except that the price bracket Motels with transient shall be increased by the customers) multiple of the number of dwelling units to be served by the connection. Retail - Condominium Retail - Agricultural (A user utilizing District water to produce agricultural products, of whatever nature or kind, for sale and pur- suant to regulations of METROPOLITAN WATER DISTRICT and SAN DIEGO COUNTY WATER AUTHORITY wherein water usage qualifies for agricul- tural rebate.) The commonly owned property within a condominium shall be served by one or more connec- tions and the rates charged on each connection shall be the same as "Retail - Indivi- dual" rates. In the event one or more dwel- ling units are served by the same meter the "Retail - Mul- tiple" rates shall apply. $0.22 per 100 cubic feet or fraction thereof. 4. Wholesale Water Readings and Billings - Wholesale water meter readings shall be made monthly and billings shall be rendered on a monthly basis. 5. Retail Water Readings and Billings - a. Type of user (1) For all users of retail water, other than agricultural users and users whose meter is more _- than six inches (6") in size, water meter readings shall be made bi-monthly and billings shall be rendered on a bi- monthly basis. -6- (2) For all users of retail water whose meter is six inches (6") or more in size, water meter readings shall be made monthly and billing shall be rendered on a monthly basis. (3) For all agricultural users who have established to the satis- faction of the District that they are the owners in fee of the property being served water by the District, water meter readings shall be made monthly and billing shall be rendered on a monthly basis. (4) For all agricultural users who do not establish to the satis- faction of the District that they are the owners in fee of the property being served water by the District, the District may require a deposit by the agricultural user for payment of water bills and any expenses of the District chargeable to the agricultural user, prior to al- lowing a connection to the Dis- trict water system. The amount of the deposit shall be deter- mined by the District and such deposit shall be delivered to -7- the District prior to securing a connection to the District system. Thereafter, water meter readings shall be made monthly and billings shall be rendered on a monthly basis. b. Delinquency (1) Any water bill unpaid fifteen (15) days after the date of mailing of said water bill shall be deemed delinquent. (2) Any delinquent bill shall be sub- ject to a penalty of ten per cent (10%) of the amount due. (3) Any connection with a delinquent water bill shall be subject to discontinuance and removal until all charges are paid. c. Reconnection Fee A reconnection of a meter connection shall be subject to the actual cost of such reconnection or the sum of $10.00, whichever is greater. 6. Control of Service Connections - All service connec- tions to facilities of the District shall be under the exclusive management and control of the District, or through its designated agent, and no user, wholesale or retail, shall have the right to operate any connections, meter, recording device or valve used in conjunction therewith. Any violation of this section shall entitle the District to discontinue the delivery of water to the party violating this section. -8- The District shall be responsible for maintenance and re- pair of service connections and meters connected directly to its lines. At the discretion of the Board, the cost of repair for i- c f I damaged meters where the damage is caused by other than ordinary use, shall be borne by user. The District shall have the right of access at all reasonable times to user's premises for any purpose normally connected with the furnishing of water service. 7. Apportionment During Times of Shortage - During times of shortage, or threatened shortage, of supply, the Dis- trict will apportion available water among its wholesale and retail users in accordance with the provisions of the Municipal Water District Act of 1911, as amended, assigning priorities to domestic and other uses as may be found necessary by the Board of Directors of the District after due process. 8. Fire Service - Fire service connections may be in- stalled at the expense of the user provided that no water from such connections shall be used for purposes other than to ex- tinguish fires. 9. Effective Date of Rates and Charges - The rates and charges set forth herein shall become effective July 15, 1977. ADOPTED, SIGNED AND APPROVED this 15th day of July, 1977. President of CARLSBAD MUNICIPAL WATER DISTRICT and of the Board of Directors thereof. ATTEST : Secretary of MUNICIPAL WATER DISTRI of Directors thereof. -9- STATE OF CALIFORNIA ) COUNTY OF SAN DIEGO ) 1 ss. I, FRED W. MAERKLE, Secretary of the CARLSBAD MUNICIPAL WATER DISTRICT and of the Board of Directors thereof, DO HEREBY CERTIFY that the foregoing Resolution was duly adopted by the Board of Directors of said District at an adjourned regular meeting of the said Board held on the 15th day of July, 1977, and that it was adopted by the following vote: AYES : Directors: Engelmann, Kelly, MacLeod, Maerkle and Uhlinger. NOES : Directors: None. ABSENT : Directors: None. e&&d@ FRED W ./mERKLE Secretary of ~~SBAD MUNICIPAL WATER DISTRI T and of the Board of Directors thereof. - 10 -