Ordinance 2084CITY OF ALAMEDA ORDINANCE NO. 2084
New Series
AMENDING THE ALAMEDA MUNICIPAL CODE BY ADDING CHAPTER 3
TO TITLE VI THEREOF ESTABLISHING SEWER SERVICE CHARGES,
PROVIDING FOR COLLECTION THEREOF AND PENALTY FOR
DELINQUENCY, REMEDIES AND ENFORCEMENT, AND ESTABLISHING
THE SEWER SERVICE CHARGE FUND
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF ALAMEDA that:
Section 1 . Title VI of the Alameda Municipal Code is
hereby amended by adding Chapter 3 thereto to read as follows:
CHAPTER 3. SEWER SERV CHARGE
Article 1. Title and D efinitions
Sec. 6 -311. Title. This chapter shall be known as the
"Sewer Service Charge Ordinance of the City of Alameda."
Sec. 6 -312 Definitio Except where the context
otherwise requires, the definitions given in the following
sections govern the construction of this chapter.
(a) "Sewer facilities" shall mean and include the
sewerage collection systems owned and operated by the
City and all appurtenances thereto, and all portions
thereof.
(b) "City" shall mean the City of Alameda.
(c) "Person" shall mean and include any person,
firm, association, organization, partnership, corpora-
tion, public corporation, political subdivision, county,
district of the State of California or of the United
States of America or any department or agency thereof.
(d) "District" shall mean the East Bay Municipal
Utility District or other person authorized by contract
or resolution to collect the charge imposed hereunder.
(e) "Elderly resident" shall mean a person qualifying
by age and /or income as set by Resolution of the City
Council.
(f) "Tax Collector" shall mean the Alameda County
Tax Collector who, for purposes of collection of fees
hereunder, may be designated as City's collection agent.
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Article 2. Sewer Service Charge
Sec. 6 -321 Charge I mposed. Every person owning real
property which is connected to the City sewer facilities
shall pay a charge for sewer service based upon the use of
such property in accordance with the following rates:
(a) A monthly charge of Two Dollars ($2.00) per
dwelling unit is hereby established and assessed, and
applicable to all billings from and after May 1, 1982,
for the use of sewer facilities for residential premises.
The charge shall be Fifty Cents ($0.50) for Elderly
Residents who may apply for a refund of the balance.
Such charge shall become due and payable upon receipt of
bill therefor. Such charge shall be paid directly to
the City, or to the District, as directed upon the bill.
(b) For premises not included in (a) above a charge
based upon the cubic feet of water used on the premises,
plus a base charge, and applicable to all billings for
consumption cycles commencing on and after May 1, 1982,
will be made for the use of sewer facilities, which
charge shall be:
(1) Twenty -one and eight- tenths Cents ($0.218)
for every 100 cubic feet measured pursuant to Sub-
section (d) of this Section 6 -321; plus
(2) Nine and 33/100 Dollars ($9.33) per year
per equivalent meter.
(c) "Equivalent meter" hereunder shall mean a 5/8
inch standard water meter. Other meter sizes shall be
charged by multiplying the equivalent rate by the
following rations:
Meter Size Equivalent Meter Ratio
(1)
3/4
x
1.5
(2)
1
x
2.2
(3)
1 1/2
x
4.2
(4)
2
x
6.2
(5)
3
x
15.0
(6)
4
x
25.0
(7)
6
x
50.0
(8)
8
x
75.0
(9)
10
x
100.0
In no case shall the total monthly charge be less than
Two Dollars ($2.00) per month.
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(d) The applicable volume of water upon hich e
charges established and assessed in subparagraph
shall be based will be determined as follows:
(1) For premises where no portion of the water
received from any source is consumed in manufacturing
or is removed from the premises by means Other than
sewers, the sewer service charge shall be applied
against the total amount °f water
District from
for sewage
the
sources, as ascertained by
disposal service charges imposed D by such District
within the City.
(2) For premises where a portion of the water
received from any source does not flow into sewers,
because of manufacturing or removal b of e against the
can s,
the sewer service charge shall be such premies into
v of water discharging
sewers, as ascertained by the District for sewage
disposal service charges imposed by said District
within the City. The burden of proving that all
water does not flow into the sewer shall be on the
user.
(e) The charges established and assessed in sub-
paragraph (b) shall become due and payable
tly
of bill therefor. such charges shall be paid direc ector,
to the City, or to the District, or to the
as directed upon the bill.
Sec. 6 -32 2. When Due. Upon the expiration of fifteen
(15) days after billing for sewer charges as herein provided,
the charges shall become delinquent if the bill, or that
portion thereof which is not in bona fide dispute, remains
unpaid.
Sec. 6 -323. Impos?ti °n o f ableL Delinquent
h made
service s which are paya a connection to the
a lien upon the real property served by
City sewer system and such en shall continue until the
charges thereon are fully paid.
sec. 6-324. penalties and A ctions .
(a) Any service user who fails to pay any charges
imposed by this Chapter within forty -five (45) days of
the date of receipt a
of notice and of fifteen thamount of (15 )
charges due shall pay P
of the amount of the charges.
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(b) Actions to Collec Any charge required to be
paid under the provisions of this Chapter shall be deemed
a debt owed to the City. Any person owing money to the
City under the provisions of this Chapter shall be liable
to an action brought in the name of the City for the
recovery of such amount.
Sec. 6 -325 Remedies In addition to other remedies
provided by law including the discontinuance of water service
in accordance with District procedure, an action may be
brought in the name of the City in any court of competent
jurisdiction for the collection of delinquent charges and
to enforce the lien of the charges thereon. The remedies
herein established shall be cumulative and in addition to
any or all other remedies available to the City for the
collection of said charges.
Sec. 6 -326 Sewer Servic u
e Charge Fund The sewer
servicecharge fund is hereby established. Money collected
by the City for sewer service charges as herein set forth
shall be placed in the sewer service charge fund and shall
be used only for the construction, reconstruction, repair,
maintenance and operation of sewer facilities and appurte-
nances 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.
Sec 6 -3 27. moment. The sewer service charge herein
established shall be paid to the Treasurer of the City or
to any other person authorized by the Council to receive
payment thereof. It shall be the duty of the Finance
Director to enforce collection of said sewer service charges,
and to act as the representative of the City for liaison with
District in the disposition of disputed accounts and other
matters relating to billing and collection of the sewer
service charge by District.
Section 2 . The purpose of this Ordinance is to provide
funds for the maintenance of the City's sewer system which is
deteriorating and can no longer be maintained by general funds.
Rates shall be set from time to time so that only the cost of
maintaining the system on a long term basis shall be raised hereunder
Those costs shall be equitably apportioned, practically, according
to use of the system.
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Section 3. 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.
0
Pre Of ficer of the Council
Attest:
City Clerk
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I, the undersigned, hereby certify that the foregoing Ordinance was
duly and regularly adopted and passed by the Council of the City of
Alameda in regular meeting assembled on the 16th of March, 1982, by
the following vote to wit:
AYES: Councilmen Diament, Gorman, Sherratt, Stone, and President Corica - 5.
NOES: None.
ABSENT: None.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official
seal of said City this 17th day of March, 1982.
Q 0,- , jz
City Clerk of thf City Alameda