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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 -1- 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 7 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, -2- 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 - 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 7 -3- 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 -4- 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 t- 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: -5- - $ 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 -6- 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 -7- 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 -a- 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 -9- 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 - 10 - the acquisition and construction of water facilities and systems, to repay principal and interest on bonds issued for the construction of 7 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. - 11 - 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 - 12 -