RES-10638 Revising Master Fee Schedule For Water RatesRESOLUTION NO. 10638
A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF ORANGE AMENDING AND REVISING
THE MASTER SCHEDULE OF FEES AND
CHARGES FOR WATER RATES.
WHEREAS, on March 27 2012, 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; and
WHEREAS, by February 9 2012, the notice required by the majority protest
procedure set forth in Article 131), 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 February 9 2012, 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 March 15 of 2012; 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, Government Code section 53756 authorizes the City to adopt a
schedule of fees or charges authorizing automatic adjustments that pass through increases in
wholesale charges for water and adjustments for inflation; 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 pursuant to Article X11113, Section 6
and Government Code Section 53756 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 RESOLVE AS FOLLOWS:
1. The Master Schedule of fees and Charges is hereby amended to include
Attachment "A1" (Water Rates).
2. The City Council finds that the rates and fees set forth in Attachment "A1" 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 January 1St,
2013, January 1 2014, January 1St 2015, January 1 2016, and January 1 2017.
4. The City Council finds that the formula set forth in Attachment "B" is in
accordance with Government Code Section 53756 and will calculate costs of
providing the respective goods, facilities and services for which the rates and fees
are charged.
5. If any rates, fee, or charges set forth in this Resolution 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 Resolution are declared to be severable.
6. Prior to the implementation of any pass- through adjustments in water rates and
fees authorized by this Resolution, such pass- through adjustments shall be placed
on the City Council agenda as a report and file item under the Consent Calendar.
ADOPTED this 27" day of March, 2012.
ATTEST:
Mary E. , , City Cl , nge
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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 Resolution was duly and regularly adopted by the City Council of
the City of Orange at a regular meeting thereof held on the 27 day of March, 2012, by the
following vote:
AYES: COUNCIL MEMBERS: Whitaker, Smith, Cavecche, Bilodeau
NOES: COUNCIL MEMBERS: Dumitru
ABSENT: COUNCIL MEMBERS: None
ABSTAIN: COUNCIL MEMBERS: None
Mary E. , City Cit of Orange
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