Ordinance 3019CITY OF ALAMEDA ORDINANCE NO. 3019
New Series
REVISING THE CITY'S SEWER SERVICE CHARGES
WHEREAS, Section 18 -4.3 of the Alameda Municipal Code (AMC) and
Section 5471 of the California Health & Safety Code permit the City Council of
the City of Alameda to set the City's sewer service charges; and
WHEREAS, on July 6, 2010, the City Council held a full and fair public
hearing, properly noticed as required by law, at which all persons interested were
given an opportunity to provide oral and written testimony with respect to a
proposed revision of the City's sewer service charges; and
WHEREAS, the City Council desires to revise the City's sewer service
charges.
The City Council of the City of Alameda does ordain as follows:
Section 1. The City Council hereby establishes the schedule set forth in
Exhibit A to this Ordinance, which is incorporated herein by reference, as the
City's schedule of sewer service charges.
Section 2. The City Council hereby finds and determines that:
A. The City has complied with each of the requirements of Section 6 of
Article XIIID of the California Constitution with respect to the actions
taken by this Ordinance.
B. The rates established by this Ordinance do not exceed the amounts
permissible under Article XIIID for a fee for sewer service, and the
sewer service charge is not a tax.
C. A majority protest, as defined by Section 6(b) of Article XIIID of the
California Constitution does not exist with respect to the increase of the
sewer service charge.
Section 3. The City Council continues its election to collect the sewer
service charge on the tax roll in the same manner, by the same persons, and at
the same time as, together with and not separately from, its general taxes
pursuant to Section 5473 et seq. of the California Health & Safety Code and
Section 18 -4.4 of the AMC. Staff is directed to take all actions necessary to
cause such collection to occur and to request such assistance as is necessary
from the County of Alameda.
Section 4. Notwithstanding any provision of the AMC to the contrary, all
charge proceeds shall be deposited in the sewer service charge fund and shall
be used only for the construction, reconstruction, repair, maintenance, and
operation of sewer facilities and appurtenances thereto, to pay for engineering,
mapping, describing, analyzing, and planning regarding the City's sewer facilities
and appurtenances thereto; to repay principal and interest on bonds issued for
such purposes and to reimburse the City's General Fund for any payment made
therefrom, during the same fiscal year; and for any of the purposes for which
sewer service charge fund money could be expended. No charge proceeds shall
be used for any other purpose.
Section 5. For purposes of Section 18 -4.3 of the AMC, this ordinance
shall serve the purpose of the resolution described in paragraphs a, b, and c of
that section.
Section 6. The City Council hereby declares that it would have passed
this Ordinance word by word, sentence by sentence, paragraph by paragraph,
and section by section, and does hereby declare that any provisions of this
Ordinance are severable and, if for any reason any word, sentence, paragraph or
section of this Ordinance shall be held invalid, such decision shall not affect the
validity of the remaining parts of this Ordinance.
Section 7. This Ordinance shall be in full force and effect from and after
the expiration of thirty (30) days from the date of its final passage.
Presiding offic. of Co ncil
Attest:
Lara Weisiger, City Clerk
City of Alameda
1, the undersigned, hereby certify that the foregoing Ordinance was duly and
regularly adopted and passed by the council of the City of Alameda in a special
meeting assembled on the 20th day of July, 2010 by the following vote to wit:
AYES: Councilmembers deHaan, Gilmore, Matarrese, Tam,
and Mayor Johnson — 5.
NOES: None.
ABSENT: None.
ABSTENTIONS: None.
IN WITNESS, WHEREOF, I have hereunto set my hand and affixed the official seal of
said city this 21st day of July, 2010.
Lara Weisiger, Ci
City of Alameda