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HomeMy WebLinkAboutOrd 1991-2477 ORDINANCE NO. 2477 AN ORDINANCE OF THE CITY OF CHULA VISTA ESTABLISHING A SPECIAL SEWER SERVICE RATE AREA AND SEWAGE PUMP STATION CHARGE FOR THE WOODCREST TERRA NOVA SUBDIVISION WHEREAS, the City of Chula Vista provides sewer service within the boundaries of the City; and, WHEREAS, the Woodcrest Tetra Nova Subdivision requires the ongoing maintenance and operation of a sewer pump station which should not be paid for by City funds; and, WHEREAS, Tetra Nova Associates, the owner of Woodcrest Terra Nova Subdivision, has entered into a Supplemental Subdivision Agreement (approved by City Council on 10/18/90 by Resolution No. 15904) consenting to the imposition of a special fee to cover the costs of operating and maintaining a sewer pump station serving the area of the Woodcrest Terra Nova Subdivision and certain other costs; and, WHEREAS, the City of Chula Vista has the authority to impose special sewer service rates and charges by ordinance pursuant to Health and Safety Code Section 5471. NOW, THEREFORE, BE IT ORDAINED AS FOLLOWS: SECTION I. The City Council of the City of Chula Vista hereby establishes a special sewer service rate area within the boundaries of Woodcrest Terra Nova Subdivision of the City of Chula Vista, as described in Exhibit I and depicted on the map, Exhibit II, attached hereto, for the purpose of providing special sewer services to said area through a sewer pump station. The name of the special area is "Parkside Drive Special Sewer Service Rate Area". SECTION II. An operations and maintenance surcharge (Sewer Pump Station Charge) shall be annually assessed for each user serviced within the Parkside Drive Special Sewer Service Rate Area in addition to the domestic sewer service charge imposed on other similarly situated parcels within the service area of the City. SECTION III. The initial surcharge established herein shall be in effect commencing from the effective date of this ordinance. The initial surcharge for the remainder of the current fiscal year (ending June 30, 1992) and the following fiscal year (ending June 30, 1993) shall be $90 per year per parcel. Not later than June 30 of every year, commencing with June 30, 1993, the Director of Public Works shall determine the Ordinance No. 2477 Page 2 established costs for maintenance and operation of said pump station for the fiscal year beginning on the following July i and shall determine the actual funds on deposit with the City available as of June 30 {Actual Funds). Said estimated cost plus a reserve amounting to between 25 and 50 percent of said cost, as determined by the City Engineer, shall constitute the required operating funds for the following fiscal year {Required Funds). Any deficit or excess resulting from a difference between the estimated costs and actual costs shall be corrected by adjustments to the rates charged to the Property owners during the succeeding year. After the reserve reaches at least 25 percent, but not more than 50 percent, it shall be maintained to provide necessary cash flow for operations and a reasonable buffer against large variations in annual assessments. Such charges shall be based upon full cost recovery of City expenses and shall include, but not be limited to, labor, materials, power and water costs for operation and maintenance of the sewer pump station and ongoing costs associated with providing emergency alarms. The annual Sewer Pump Station Charge shall be determined by the following formula: (Required Funds - Actual Funds) divided by the number of customers connected to the pump station on said June 30. Said surcharge may, at the discretion of the Director of Public Works, continue to be charged to customers after the pump station is bypassed or removed and said customers are connected to a gravity sewer system provided that: 1) such charges do not exceed the charge in effect for the last full year of operation of said pump station, and 2) such charges do not exceed the actual cost of bypassing or removing said pump station. SECTION IV. The surcharge, after June 30, 1993, shall be calculated and assessed administratively, unless the surcharge exceeds the previous fiscal year's surcharge. In that event, the proposed increase shall be approved by Council by ordinance at a noticed public hearing, in advance of its imposition, prior to June 30. The surcharge shall be collected in monthly or bi-monthly installments with the water bill, annually on the tax bill, or as the City otherwise determines. SECTION V. Said surcharge, together with interest, costs, late charges and reasonable attorney's fees, shall be a charge on the property served and shall be a continuing lien upon the property served against which each such surcharge is made, the lien to become effective upon recordation of a Notice of Ordinance No. 2477 Page 3 Delinquent Pump Station charge, as provided in Section 8 herein. East such surcharge, together with interest, costs, late charges and reasonable attorney's fees, also shall be the personal obligation of the person who was the owner of such property served at the time when the surcharge was levied. The personal obligation for delinquent Pump Station charges shall not pass to an owner's successors in title as their personal obligation unless expressly assumed by them. SECTION VI. Any Pump Station Charge imposed in accordance with this ordinance shall be a debt of the owner of property served from the time the surcharge is levied. At any time after any surcharges have become delinquent, the City may file for record in the office of the San Diego County Recorder, a Notice of Delinquent Pump Station Charge as to such property served, which notice shall state all amounts which have become delinquent with respect to such property served and the costs {including attorneys' fees), late penalties and interest which have accrued thereon, and the amount of any surcharges relating to such property served which is due and payable although not delinquent. The notice also shall contain a description of the property served with the name of the record or reputed record owner of such property, and the name and address of the trustee authorized by the City to enforce the lien, if by nonjudicial foreclosure as provided in Section g below. Immediately upon recording of any Notice of Delinquency pursuant to the foregoing provisions of this Section, the amounts delinquent, as set forth in such notice, together with the costs (including attorneys' fees), late penalties and interest accruing thereon, shall be and become a lien upon the property served described therein, which lien also shall secure all costs {including attorneys' fees), late charges and interest which have accrued on such amounts, are paid fully or otherwise satisfied prior to the completion of any sale held to foreclose the lien provided for in this ordinance, the City Engineer shall record a further notice, similarly signed, stating the satisfaction and release of such lien. SECTION VII. Each Pump Station Charge lien may be foreclosed as and in the same manner as the foreclosure of a mortgage upon real property under the laws of the State of California, or may be enforced by sale pursuant to Sections 2924, 2924{b), 2924(c) and 1367 of the California Civil Code, or any successor statute or law, and to that end, the right to enforce the lien by sale is hereby conferred upon the City and its trustee designated in the Notice of Delinquent Pump State Charge, or a trustee substituted pursuant to Ordinance No. 2477 Page 4 California Civil Code Section 2934a. The City shall have the power to bid for the property served at a foreclosure sale, and to acquire and hold, lease, mortgage and covey the same. Suite to recover a money judgment for unpaid surcharges, costs, late penalties and attorneys' fees shall be maintainable without foreclosing or waiving the lien securing the same. In any action by the City to collect delinquent surcharges, accompanying late charges or interest, the prevailing party shall be entitled to recovery of its costs and reasonable attorneys' fees. SECTION VIII. When a Notice of Delinquent Pump Station Charge has been recorded, it shall constitute a lien on that respective property by parcel and shall be prior and superior to all other liens except all taxes, bonds, assessments and other levies which, by law, would be superior thereto. Sale or transfer of any property served shall not affect the assessment lien. SECTION IX. All surcharge collections shall be placed in a separate fund _ or account, as determine by the Finance Di rector, established for the purpose of administering this ordinance. All interest accruing in such account shall remain therein. SECTION X. This ordinance shall continue in full force and effect until repealed. SECTION XI. The City Clerk of the City of Chula Vista is hereby directed to publish this ordinance within fifteen {15) days after its passage in the Chula Vista Star News, a newspaper of general circulation published in the City of Chula Vista. SECTION XII. This ordinance shall take effect and be in full force on the thirtieth day from and after its adoption. Presented by Approved as to form by Ordinance No. 2477 Page 5 EXHIBIT I Leqal Description Lots 1 through 56 and 60 through 85 inclusive of Chula Vista Tract 89-06 according to Map thereof No. 12732, as filed in the Office of the County Recorder, County of San Diego, State of California on November 2, 1990. Ordinance No. 2477 Page 6 ~JEXHIBIT TI N thL[ NO. EY WOODCRES"r 'rN SPECIAL SEWER SERVICE RATE AREA Ordinance No. 2477 Page 7 PASSED, APPROVED and ADOPTED by the City Council of the City of Chula Vista, California, this 17th day of September, 1991, by the following vote: AYES: Councilmembers: Grasser Norton, Malcolm, Moore, Nader, Rindone NOES: Councilmembers: None ABSENT: Councilmembers: None ABSTAIN: Councilmembers: None Tim Nader, Mayor ATTEST: Beverly~. ~Uthelet, ~i~3F Clerk STATE OF CALIFORNIA COUNTY OF SAN DIEGO ss. CITY OF CHULA VISTA I, Beverly A. Authelet, City Clerk of the City of Chula Vista, California, do hereby certify that the foregoing Ordinance No. 2477 had its first reading on September 10, 1991, and its second reading and adoption at a regular meeting of said City Council held on the 17th day of September, 1991. Executed this 17th day of September, 1991. B~verly A./Auth~let, Ci~ Clerk