HomeMy WebLinkAbout2002-09-17; City Council; NS-642; South Agua Hedionda Interceptor Sewer Fee Increase...1
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ORDINANCE NO. NS-642
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
THE CARLSBAD MUNICIPAL CODE TO INCREASE FEES IN
CARLSBAD, CALIFORNIA, ADDING SECTION 13.10.080 TO
SEWER BENEFIT AREAS C, D, E & F (SOUTH AGUA
HEDIONDA INTERCEPTOR SEWER).
WHEREAS, the City prepared a study entitled "Updated Fee Study Report for Sewer
Benefit Areas C, D, E, and F," dated July 19, 2002, which updated the Sewer Benefit Area Fees
for Sewer Benefit Areas C, D, E, and F, the "Engineer's Report"; and
WHEREAS, the Engineer's Report is incorporated as Exhibit "A to this ordinance; and
WHEREAS, the Engineer's Report estimates the capital costs of construction of
improvements to the South Agua Hedionda Interceptor Sewer; and
WHEREAS, fees to implement the construction of those improvements in Sewer Benefit
Areas C, D, E, and F are set forth in the Engineer's Report; and
WHEREAS, the fees so established do not exceed the reasonable costs of constructing
these facilities and the fees are not levied for general revenue purposes; and
WHEREAS, the Engineer's Report was available for public inspection and review fourteen
days (14) prior to this public meeting; and
WHEREAS, the Finance Director is directed to establish a fund or funds necessary to
collect the fees so imposed and to maintain said fund or funds and the interest collected therein
and to authorize expenditures for only those projects, bond payments or other construction
activities set forth in the Engineer's Report. The Finance Director is further directed to make a
report, at least annually, and within 60 days of the close of the fiscal year, determining the
beginning and ending balances for the fiscal year and the fees, interest and other income and
amount of expenditure on each public facility. The fees deposited in the fund or funds shall not be
commingled with any other fees or revenue of the City. The Finance Director is further directed to
make this information available to the public and to report to the City Council not less than 15 days
after making said information available to the public. The Flnance Director shall monitor these
funds so that, if required, the City Council may make written findings that all or any portion of the
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fees remaining unexpended or uncommitted in the fund for five or more years are still necessary
and needed for the purpose to which the fee is to be expended and demonstrate a reasonable
relationship between that fee and the costs of the improvements.
NOW THEREFORE, the City Council of the City of Carlsbad, California does ordain as
follows:
SECTION I: Section 13.1 0.080 is hereby added to Title 13, Chapter 13.1 0 of the Carlsbad
Municipal Code to read as follows:
“Section 13.10.080
SEWER BENEFIT AREA FEES
“Except as provided, every person who wishes to use the City’s South Agua Hedionda
Interceptor Sewer shall pay to the City, prior to the issuance of a sewer permit, a sewer benefit
area fee of one thousand six hundred fifteen dollars per equivalent dwelling unit for sewer benefit
area C; one thousand six hundred eighteen dollars per equivalent dwelling unit for sewer benefit
area D; two thousand three hundred eighty six dollars per equivalent dwelling unit for sewer
benefit area E; and two thousand three hundred ninety nine dollars per equivalent dwelling unit for
Sewer Benefit Area F. The fee established by this section shall apply to building permits issued
and industrial buildings.
thirty (30) days following adoption of this ordinance for residential developments, and commercial
Engineering News Record Los Angeles Construction Cost Index with a base year index reported
“The sewer benefit area fees shall be adjusted annually effective July 1, according to the
on April 1 of each year with a base year index of 7500.”
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Page 2 of 3 of Ordinance No. NS-642
Engineering News Record Los Angeles Construction Cost Index with a base year index reported
“The sewer benefit area fees shall be adjusted annually effective July 1, according to the
on April 1 of each year with a base year index of 7500.”
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Page 2 of 3 of Ordinance No. NS-642
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EFFECTIVE DATE: This ordinance shall be effective thirty days after its adoption, and the
Gity Clerk shall certify the adoption of this ordinance and cause it to be published at least once in
a newspaper of general circulation in the City of Carlsbad within 15 days after its adoption.
INTRODUCED AND FIRST READ at a regular meeting of the Carlsbad City Council on
the 17th day of September 2002, and thereafter,
PASSED AND ADOPTED at a regular meeting of the Carlsbad City Council on the
2Uday of September 2002, by the following vote, to wit:
AYES: Council Members Lewis, Finnila, Hall
NOES: None
ABSENT: Council Members Kulchin, Nygaard
APPROVED AS TO FORM AND LEGALITY
ATTEST:
a?/U&& h. m
LO#RdlNE M. WOOD, City Clerk
(SEAL)
Page 3 of 3 of Ordinance No. NS-642