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HomeMy WebLinkAbout2002-09-24; City Council; 16907; Amending the Municipal Code to Increase Sewer FeesAB# 16,907 MTG. 9-24-02 DEPT.= YTY OF CARLSBAD - AGENDA BILL ADOPTION OF ORDINANCE NO. NS-642 AMENDING THE CARLSBAD MUNICIPAL CODE TO INCREASE SEWER FEES DEPT. HD. CITY ATTY. CITY MGR RECOMMENDED ACTION: 9dopt Ordinance No. NS-642 adding Section 13.10.080 to the Carlsbad Municipal Code to increase fees in Sewer Benefit Areas C, D, E & F (South Agua iedionda Interceptor Sewer). ITEM EXPLANATION: 3rdinance No. NS-642 was introduced and first read at the City Council meeting leld on September 17, 2002. The second reading allows the City Council to adopt the ordinance, which would then become effective in thirty days. The City 3erk will have the ordinance published within fifteen days, if adopted. FISCAL IMPACT: See Agenda Bill No. 16,896 on file with the City Clerk. EXHIBITS: 1. Ordinance No. NS-642. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 ORDINANCE NO. NS-642 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA, ADDING SECTION 13.10.080 TO THE CARLSBAD MUNICIPAL CODE TO INCREASE FEES IN ‘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 Finance Director shall monitor these funds so that, if required, the City Council may make written findings that all or any portion of the 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 ees remaining unexpended or uncommitted in the fund for five or more years are still necessary md needed for the purpose to which the fee is to be expended and demonstrate a reasonable elationship between that fee and the costs of the improvements. NOW THEREFORE, the City Council of the City of Carlsbad, California does ordain as 311ows: SECTION I: Section 13.10.080 is hereby added to Title 13, Chapter 13.10 of the Carlsbad Aunicipal Code to read as follows: SEWER BENEFIT AREA FEES “Section 13.10.080 “Except as provided, every person who wishes to use the City’s South Agua Hedionda Iterceptor Sewer shall pay to the City, prior to the issuance of a sewer permit, a sewer benefit rea fee of one thousand six hundred fifteen dollars per equivalent dwelling unit for sewer benefit lrea C; one thousand six hundred eighteen dollars per equivalent dwelling unit for sewer benefit ,rea D; two thousand three hundred eighty six dollars per equivalent dwelling unit for sewer enefit area E; and two thousand three hundred ninety nine dollars per equivalent dwelling unit for ;ewer Benefit Area F. The fee established by this section shall apply to building permits issued birfy (30) days following adoption of this ordinance for residential developments, and commercial lnd industrial buildings. “The sewer benefit area fees shall be adjusted annually effective July 1, according to the ingineering News Record Los Angeles Construction Cost Index with a base year index reported Nn April 1 of each year with a base year index of 7500.” / 7 7 7 I I I I ?age 2 of 3 of Ordinance No. NS-642 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 EFFECTIVE DATE: This ordinance shall be effective thirty days after its adoption, and the I i City 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 ATTEST: (SEAL) Page 3 of 3 of Ordinance No. NS-642