HomeMy WebLinkAboutORD 02-11 Amending Fee Schedule and Charges for Water RatesORDINANCE NO. 02 -11
AN ORDINANCE OF THE CITY COUNCIL OF THE
CITY OF ORANGE AMENDING AND REVISING
THE MASTER SCHEDULE OF FEES AND
CHARGES FOR WATER RATES.
WHEREAS, on January 25, 2011, a hearing was held before the City Council to
consider the rates and charges assessed by the City in connection with provision of water
service, which hearing was held and then continued to February 8, 2011; and
WHEREAS, by December 10 2010, the notice required by the majority protest
procedure set forth in Article 13D, Section 6 of the California Constitution was mailed to all
owners of record to announce the hearing date and proposed water rate adjustments; and
WHEREAS, by December 10 2010, notices were also sent to all City of Orange
utility rate payers to announce the hearing date and proposed water rate adjustments; and
WHEREAS, the notice of the time and the place of the hearing was published in a
newspaper of general circulation on January 13 of 2011; and
WHEREAS, a water rate study was prepared by Black and Veatch Corporation, a
consultant selected by the City because of its expertise in preparing water rate studies on
behalf of municipalities; and
WHEREAS, the written protests received do not constitute a majority of the property
owners of the identified parcels upon which the water rate will be charged; and
WHEREAS, the City Council has determined, by at least a two - thirds votes pursuant
to Health and Safety Code Section 5471, that the proposed water rates do not exceed the
estimated reasonable cost of providing water service and that such water rates should be
amended and included in the City's Master Schedule of Fees and Charges.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF ORANGE
DOES ORDAIN AS FOLLOWS:
1. The Master Schedule of fees and Charges is hereby amended to include
Attachment "A" (Water Rates).
2. The City Council finds that the rates and fees set forth in Attachment "A" do not
exceed the City's estimated reasonable costs of providing the respective goods,
facilities and services for which the rates and fees are charged.
3. The water rates and fees include multi -year rate adjustments effective March 24,
2011 and January 1 st , 2012.
4. If any rates, fee, or charges set forth in this Ordinance or the application thereof to
any person or circumstance is held to be unconstitutional or otherwise invalid by
any court of competent jurisdiction, such invalidity shall not affect any other rate,
fee, or charge, or application thereof, which can be implemented without the
invalid rate, fee, or charge, or application thereof, and to this end the rates, fees,
and charges of this Ordinance are declared to be severable.
ADOPTED this 22 day of February, 2011.
Y , e
A'T'TEST:
Mary E. ity Clerk, City of Orange
STATE OF CALIFORNIA )
COUNTY OF ORANGE )
CITY OF ORANGE )
I, MARY E. MURPHY, City Clerk of the City of Orange, California, do hereby
certify that the foregoing Ordinance was introduced at the regular meeting of the City
Council held on the 8 day of February, 2011, and thereafter at the regular meeting of said
City Council duly held on the 22 day of February, 2011, was duly passed and adopted by
the following vote, to wit:
AYES: COUNCILMEMBERS: Smith, Whitaker, Cavecche, Dumitru
NOES: COUNCILMEMBERS: None
ABSENT: COUNCILMEMBERS: None
ABSTAIN (RECUSED): COUNCILMEMBERS: Bilodeau
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