HomeMy WebLinkAbout1983-07-20; Municipal Water District; Resolution 439RESOLUTION NO. 439
A RESOLUTION OF THE BOARD OF DIRECTORS OF
COSTA REAL MUNICIPAL WATER DISTRICT
ESTABLISHING A MAJOR FACILITIES CHARGE
AND A DIRECT CONNECTION SURCHARGE
WHEREAS, the Board of Directors of COSTA REAL MUNICIPAL
WATER DISTRICT determined that it would be to the best interests of
the inhabitants of COSTA REAL MUNICIPAL WATER DISTRICT and the citi-
zens of the City of Carlsbad, located within COSTA REAL MUNICIPAL
WATER DISTRICT, to secure an independent study of a major facilities
financing plan and a water rate study for COSTA REAL MUNICIPAL WATER
DISTRICT; and
WHEREAS, the City Council of the City of Carlsbad also re-
quested said study; and
WHEREAS, after investigation and study, the Board of Direc-
tors of COSTA REAL MUNICIPAL WATER DISTRICT employed BARTLE WELLS AS-
SOCIATES, Municipal Financing Consultants, in October, 1982, to con-
duct such a study and to submit recommendations to the Board of Direc-
tors of COSTA REAL MUNICIPAL WATER DISTRICT; and
WHEREAS, BARTLE WELLS ASSOCIATES, after a thorough study and
investigation, submitted their preliminary major water facilities fi-
nancing plan and rate study entitled:
COSTA REAL MUNICIPAL WATER DISTRICT Major Water Facilities Financing Plan and Rate Study April, 1983
hereinafter referred to as "Preliminary Study"; and ,
WHEREAS, after review of the Preliminary Study by the Board
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of Directors of COSTA REAL MUNICIPAL WATER DISTRICT, it was determined
by the Board of Directors of COSTA REAL MUNICIPAL WATER DISTRICT that
the Board of Directors of COSTA REAL MUNICIPAL WATER DISTRICT should
consider adopting some of the recommendations of BARTLE WELLS ASSOCI-
ATES in reference to the establishment of a Major Facilities Charge
and a Direct Connection Surcharge: and
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WHEREAS, the establishment of a Major Facilities Charge and
a Direct Connection Surcharge constituted the levying of a new ser-
vice charge: and
WHEREAS, on May 4, 1983, it was publicly announced at the
regular meeting of the Board of Directors of COSTA REAL MUNICIPAL
WATER DISTRICT that the Preliminary Study of BARTLE WELLS ASSOCIATES
had been delivered to COSTA REAL MUNICIPAL WATER DISTRICT and that the
c Board of Directors of COSTA REAL MUNICIPAL WATER DISTRICT would con-
sider action on some of the recommendations of BARTLE WELLS ASSOCIATES
in reference to the establishment of a Major Facilities Charge and a
Direct Connection Surcharge after a public hearing to consider the
comments of any persons wishing to comment on the matter: and
WHEREAS, on May 4, 1983, the Board of Directors of COSTA REAL
MUNICIPAL WATER DISTRICT adopted a schedule calling for a public hear-
ing on the recommendations of BARTLE WELLS ASSOCIATES in its Prelimi-
nary Study in reference to the establishment of a Major Facilities
Charge and Direct Connection Surcharge at 2:OO o'clock P. M., Wednes-
day, June 1, 1983: and
WHEREAS, thereafter, the Secretary of the Board of Directors
of COSTA REAL MUNICIPAL WATER DISTRICT did cause a legal publication
of a notice of public hearing to be published in the Carlsbad Journal,
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a legal newspaper of general circulation within the boundaries of
COSTA REAL MUNICIPAL WATER DISTRICT, on May 11, 1983; and
WHEREAS, thereafter, the Secretary of the Board of Directors
of COSTA REAL MUNICIPAL WATER DISTRICT did cause a notice of public
hearing to be mailed to all known interested parties, a copy of the
list of the addressees set forth in the official records of the public
hearing; and
WHEREAS, the Preliminary Study was available for public re-
view at the office of COSTA REAL MUNICIPAL WATER DISTRICT from May 11,
1983 and thereafter: and
WHEREAS, on June 1, 1983, at 2:OO o'clock P. M., at a regular
meeting of the Board of Directors of COSTA REAL MUNICIPAL WATER DIS-
TRICT, held at the office of COSTA REAL MUNICIPAL WATER DISTRICT at
5950 El Camino Real, Carlsbad, California, the Board of Directors of
COSTA REAL MUNICIPAL WATER DISTRICT conducted a public hearing in ref-
erence to the establishment of a Major Facilities Charge and a Direct
Connection Surcharge; and
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WHEREAS, at the request of some parties interested in com-
menting on the matter, the said public hearing was continued until
June 15, 1983, at 2:OO o'clock P. M., at the office of COSTA REAL MU-
NICIPAL WATER DISTRICT; and
WHEREAS, on June 15, 1983, at 2:OO o'clock P. M., at a regu-
lar meeting of the Board of Directors of COSTA REAL MUNICIPAL WATER
DISTRICT, held at the office of COSTA REAL MUNICIPAL WATER DISTRICT
at 5950 El Camino Real, Carlsbad, California, the said public hearing
was continued, and all parties wishing to comment were afforded the
opportunity to comment; and
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WHEREAS, all written communications received by COSTA REAL
MUNICIPAL WATER DISTRICT in reference to the establishment of a Major
Facilities Charge and a Direct Connection Surcharge were submitted and 7
I set forth in the official records of the public hearing: and
WHEREAS, after completion of the testimony of comments of all
parties who desired to comment, the public hearing was declared closed
and all evidence presented was taken under submission by the Board of
Directors of COSTA REAL MUNICIPAL WATER DISTRICT: and
WHEREAS, BARTLE WELLS ASSOCIATES have now submitted their
final major water facilities plan and rate study entitled:
FINAL REPORT COSTA REAL MUNICIPAL WATER DISTRICT Major Water Facilities Plan and Rate Study June, 1983
hereinafter referred to as "Final Report": and
WHEREAS, the recommendations of BARTLE WELLS ASSOCIATES in
the Final Report in reference to the Major Facilities Charge and a
Direct Connection Surcharge are the same as in the Preliminary Study:
and
WHEREAS, the Board of Directors of COSTA REAL MUNICIPAL WATER
DISTRICT has received written comments on the matter after the closing
of the public hearing and said written comments have been made a part
of the official records of the hearing on the matter: and
WHEREAS, after due deliberation and consideration of all of
the evidence presented to it, the Board of Directors of COSTA REAL
- MUNICIPAL WATER DISTRICT deems it proper, necessary and to the best
interests of COSTA REAL MUNICIPAL WATER DISTRICT and the inhabitants
thereof to establish a Major Facilities Charge and a Direct Connection
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Surcharge,
NOW, THEREFORE, THE BOARD OF DIRECTORS OF COSTA REAL MUNICIPAL
WATER DISTRICT DOES HEREBY RESOLVE AND ORDER AS FOLLOWS:
1. The public interest, health and general welfare of the
COSTA REAL MUNICIPAL WATER DISTRICT and its inhabitants require the
acquisition and construction of water facilities and systems neces-
sary to service new and altered structures within the boundaries of
COSTA REAL MUNICIPAL WATER DISTRICT, and the public interest and econ-
omy require that, in order to provide funds for such purposes, there
be established certain connection charges to be paid by the owner or
owners of land upon which such structures are constructed or altered,
such connection charges to be known as "Major Facilities Charge" and
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i "Direct Connection Surcharge".
2. A Major Facilities Charge is hereby established under the
following terms and conditions:
a. In addition to all other charges established by
ordinances, resolutions and rules and regulations of
COSTA REAL MUNICIPAL WATER DISTRICT, there is hereby
established a connection charge, to be known as "Major
Facilities Charge", to be applied to any new water
service or altered water service requirement within
the boundaries of COSTA REAL MUNICIPAL WATER DISTRICT.
b. The Major Facilities Charge shall be an amount
per equivalent dwelling unit (EDU) as hereinafter iden-
tified. The amount of the Major Facilities Charge per
EDU shall be as follows:
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$ 300 per EDU
$ 400 per EDU
$ 600 per EDU
$ 880 per EDU
August 1, 1983 through
December 31, 1983
January 1, 1984 through
March 31, 1984
April 1, 1984 through
June 30, 1984
July 1, 1984 and there-
after until changed by
Resolution of the Board
of Directors of COSTA REAL MUNICIPAL WATER DISTRICT
c. The Major Facilities Charge shall be payable at
the time of the issuance of a building permit and shall
be a condition precedent to connection to any water sys-
tem located within the boundaries of COSTA REAL MUNICI-
PAL WATER DISTRICT.
d. An equivalent dwelling unit (EDU) is established
as follows:
Type of Building, Structure Equivalent Dwelling or Use Unit (EDU)
Each space of a trailer
court or mobile home park 1.00
Each duplex 2.00
Each separate apartment in an apartment house 1.00
Each housing accommodation
designed for occupancy by a
single person or one family,
irrespective of the number
actually occupying such ac-
commodation
Each room of a lodginghouse, boardinghouse, hotel, motel or other multiple dwelling designed for sleeping accom- modations for one or more individuals :
1.00
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P
Without cooking facilities With cooking facilities
(6) Churches, theaters and audi- toriums, per each unit of seating capacity (a unit be- ing one hundred fifty persons or any fraction thereof)
(7) Restaurants:
No seating
Seating
Delicatessen or fast food,
using only disposable
tableware:
No seating
Seating
(8) Automobile service stations:
Not more than four gaso-
line pumps
More than four gasoline
Pumps
(9) Self-service laundries, per
each washer
(10) Office space in industrial
or commercial establish- ments not listed above and warehouses
(11) Schools:
Elementary schools For each sixty pupils or fraction thereof
’ Junior high schools
’ For each fifty pupils
or fraction thereof
High schools
For each thirty pupils or fraction thereof
0.60
1.00
1.33
2.67
2.67 plus 1.00 per each 7 seats or fraction thereof
2.67 2.67 plus
1.00 per each 21 seats or fraction thereof
2.00
3.00
.75
Divide the gross
floor area of the
building in square feet by 1800
1.00
1.00
1.00
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In the case of all commer- cial, industrial and busi- ness establishments not included in subdivisions 1 through 10, inclusive, the
number of equivalent dwel-
ling units (EDU) shall be
determined in each case by
the District Engineer.
e. Where it is proposed to alter a structure in
any way which results in a greater potential water de-
mand therefor, or to change or replace an existing
water meter by a meter of a larger size, the number of
EDU's, both prior and subsequent to such alteration or
change of meter size shall be determined pursuant to
the provisions of paragraph (d) hereinbefore, and a
Major Facilities Charge based on the difference between
the units applicable prior to such alteration or change
of meter size shall be paid. The charge provided for
in this section shall be deemed a Major Facilities
Charge for purposes of this Resolution, even if a new
physical connection of a structure is not required and
the continuance of the original physical connection is
conditioned on payment of the charge provided for in
this section.
f. No Major Facilities Charge shall be payable
when an existing water meter is replaced by two meters,
solely to provide for the separate metering of land-
scape irrigation. Sizing of meters installed pursuant
to this section shall be within the sole discretion of
the District General Manager.
3. A Direct Connection Surcharge is hereby established under
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the following terms and conditions:
a. In addition to all other charges established
by ordinances, resolutions and rules and regulations
of COSTA REAL MUNICIPAL WATER DISTRICT, there is es-
tablished a connection charge, to be known as "Direct
Connection Surcharge", to be applied to any new water
service or altered water service requirement wherein
there was no construction or dedication of water fa-
cilities to a public agency by the owner or prior
owner of the real property.
b. The Direct Connection Surcharge shall be an
amount per equivalent dwelling unit (EDU) as identi-
fied in Section (2), Paragraph (d) hereinbefore set
forth. The amount of the Direct Connection Surcharge
per EDU shall be as follows:
$ 550 per EDU January 1, 1984 and thereafter until changed by Resolution of the Board of Directors of COSTA REAL MUNICIPAL WATER DISTRICT
c. The Direct Connection Surcharge shall be pay-
able at the time of the issuance of a building permit
and shall be a condition precedent to connection to any
water system located within the boundaries of the
COSTA REAL MUNICIPAL WATER DISTRICT.
d. Where it is proposed to alter a structure in
any way which results in a greater potential water de-
mand therefor, or to change or replace an existing
water meter by a meter of a larger size, the number of
EDU's, both prior and subsequent to such alteration or
change of meter size shall be determined pursuant to
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the provisions of section (21, paragraph (d) hereinbe-
fore, and a Direct Connection Surcharge based on the
difference between the units applicable prior to such
alteration or change of meter size shall be paid. The
The charge provided for in this section shall be deemed
a Direct Connection Surcharge for purposes ‘of this Re-
solution, even if a new physical connection of a struc-
ture is not required, and the continuance of the origi-
nal physical connection is conditioned on payment of
the charge provided for in this section.
e. No Direct Connection Surcharge shall be payable
when an existing water meter is replaced by two meters,
solely to provide for the separate metering of land-
scape irrigation. Sizing of meters installed pursuant
to this section shall be within the sole discretion of
the District General Manager.
4. Any determination made pursuant to this Resolution may
be appealed to the Board of Directors of COSTA REAL MUNICIPAL WATER
DISTRICT.
5. Where, in the opinion of the Board of Directors of COSTA
REAL MUNICIPAL WATER DISTRICT, special conditions require the payment
of any Major Facilities Charges or Direct Connection Surcharges at a
time other than at the issuance of a building permit, the District may
provide for such charge to be paid at a time agreed to by written
agreement with the owner of the property to which such charge applies.
6. There is hereby created a Capital Development Fund into
which all funds collected under this Resolution shall be deposited.
The monies in such Capital Development Fund shall be used solely for
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the acquisition and construction of water facilities and systems, to
repay principal and interest on bonds issued for the construction of
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I such water facilities and systems and to repay federal or state loans
l or advances made to the COSTA REAL MUNICIPAL WATER DISTRICT for the
construction of such water facilities and systems.
ADOPTED, SIGNED AND APPROVED this 20th day of July, 1983.
, .-
/ N. M. ALMACK, President
26f COSTA REAL MUNICIPAL WATER DISTRICT ’and of the Board of Directors thereof.
ATTEST :
FRED W. MAEqgE, Secretary
of COSTA REAL IPAL WATER DISTRICT
and of the Directors thereof.
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STATE OF CALIFORNIA )
COUNTY OF SAN DIEGO )
) ss.
I, FRED W. MAERKLE, Secretary of the COSTA REAL 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 a regular meeting of the Board held
on the 20th day of July, 1983, and that it was adopted by the fol-
lowing vote:
AYES:
NOES :
ABSENT:
Directors: ALMACK, MacLEOD and
MAERKLE
Directors: BONAS and KELLY
Directors: None
&[d/* / FRED W. MA~LE, Secretary
of C~STA REAL MU PAL WATER DISTRICT
and of the Board Directors thereof.
c
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