Ordinance 3282CITY OF ALAMEDA ORDINANCE NO. 3282
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 June 16, 2020, 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 XI liD
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 City1S sewer facilities and appurtenances thereto; to repay principal and
interest on bonds issued for such purposes and to reimburse the City1S 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.
Attest:
*****
I, the undersigned, hereby certify that the foregoing ordinance was duly and
regularly adopted and passed by the Councii of the City of Alameda in a regular meeting
assembled on the 7th day of July 2020, by the following vote to wit:
AYES: Councilmembers Daysog, Knox White, Oddie, Vella and
Mayor Ezzy Ashcraft-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 ath day of July 2020.
Yibin ShenrCify Attorney
City/'rtreda