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HomeMy WebLinkAbout93-9 - Amending Chapters 14.12 and 14.33, and Repealing Chapter 14.32 of the Newport Beach Municipal CodeNO. 93- 9 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF NEWPORT BEACH AMENDING CHAPTERS 14.12 and 14.33, AND REPEALING CHAPTER 14.32 OF THE NEWPORT BEACH MUNICIPAL CODE. •The City Council of the City of Newport Beach does hereby ordain as follows: SECTION 1: Section 14.12.020 of Chapter 14.12 of the Newport Beach Municipal Code shall be amended to read as follows: Chapter 14.12 WATER RATES AND CHARGES section: 14.12.020 Water Rates Established. Section 14.12.020 Water Rates Established. The following rates, fees and charges are hereby established and shall be charged • and collected in accordance with the provisions of this Chapter: (A) There shall be charged and collected a monthly water service charge from each customer for each meter on the basis of the following schedule: For 3/4 -inch meter or less . . . . . . . . . $ 2.00 For 1 -inch meter . . . . . . . . . . . . . 2.50 For 1 1/2 -inch meter . . . . . . . . . . . . 4.00 For 2 -inch meter . . . . . . . . . . . . . 5.00 For 2 1/2 -inch meter . . . . . . . . . . . . 8.00 For 3 -inch meter . . . . . . . . . . . . . . 10.00 For 4 -inch meter . . . . . . . . . . . . . . 15.00 For 6-inch meter . . . . . . . . . . . . . . 20.00 For 8 -inch meter . . . . . . . . . . . . . . 25.00 For 10 -inch meter . . . . . . . . . . . . . 30.00 For each living unit in excess of one per water meter, per month . . . 1.00 For each hotel or motel unit and each hospital or convalescent home bedroom in excess of one per water meter, per month. . . . . . . . . .50 (B) The rate for water supplied to consumers through a meter, other than pursuant to a written contract approved by the City Council, shall be $ 1.69 per 100 cubic feet. City water rates shall be adjusted to reflect Metropolitan 1 Water District rate changes. Should the automatic adjustments require a water rate increase, the amount of the increase shall be added to the quantity charges and shall be equal to the Metropolitan Water District increase, raised to the next highest whole penny for each 100 cubic • feet used. SECTION 2: Sections 14.33.010, 14.33.020, 14.33.040, 14.33.050, 14.33.070, and 14.33.110 of Chapter 14.33 of the Newport Beach Municipal Code shall be amended to read as follows: Chapter 14.33 WATER CAPITAL IMPROVEMENT CHARGES Sections: 14.33.010 Policy Statement. 14.33.020 Definitions. 14.33.040 Water Capital Improvement Charges. 14.33.050 Time of Payment • 14.33.070 Water System Development Fund. 14.33.110 Administration and Appeals. Section 14.33.010. Policy Statement. The City Council hereby making the following findings: It is anticipated that the City will experience a period of rapid some growth during the next several decades. Mest Part of this growth will occur in those areas of the City which are now relatively undeveloped. In addition, it is likely that new territory will be added to the City by annexation. In order to provide water service to these areas as the need for such service, arises, it will be necessary for the City to undertake a long -range improvement program entailing a major expansion of its •capital water system. As a matter of policy, the City Council has determined that the costs of the new water system facilities which will be needed should be financed by the lands which will be benefitted by said facilities. E By enacting this chapter, it is not the intention of the City to guarantee the financing or completion of the Master Plan Facilities. The responsibility of the City shall be limited to the disbursement of the funds actually collected pursuant to this chapter for the purposes stated herein. •14.33.020 Definitions. For the purpose of this chapter, the words hereinafter defined shall have the meanings assigned to them unless it appears from the context that a different meaning is intended. "Water capital improvement charges" shall mean the acreage charges established by Section 14.33.040 of this chapter. "Water System Master Plan" or "Master Plan" shall mean the plan adopted by the City Council which shows the projected water system facilities that will be needed to provide water services to the undeveloped areas of the City. Utilities Director" or "Director" shall mean the Utilities Director of the City. 14.33.040 Water Capital Improvement Charges. A water capital • improvement charge in the amount of Two Thousand, Nine Hundred, Fifty Dollars ($2,950) per gross acre is hereby established which shall be applicable to all benefitted lands, as shown upon the maps adopted by the City Council pursuant to Section 14.33.030 of this Chapter. For fractional portions of an acre the charge shall be calculated in direct proportion to the actual area of the parcel of land. The fees shall be computed on the basis of gross acreage of the property, or portions thereof, to be served or benefitted, including abutting streets, rights of way and easements, both public and private. 14.33.050 Time of Payment. The water capital improvement charge for any lot, parcel or tract of land which is subject to •said charge shall be paid at the time arrangements are made to connect such land to the City water system or at such time as application is made for a building permit to construct buildings on said land, whichever event first occurs, and the payment of said charge shall be a condition precedent of the approval of such 3 connection or issuance of a building permit. In no event shall water capital improvement charges be assessed against any lot, parcel or tract of land for which said charges were previously paid. Any lot, parcel, or tract of land that is subject to said •charge and that is served by the City water system as of the effective date of this chapter, and on which additional buildings are to be constructed, shall be subject to said charge for the land occupied by such buildings, and their appurtenant uses. 14.33.070 Water System Development Fund. A special fund designated as the Water System Development Fund is hereby established. All water capital improvement charges collected pursuant to the provisions of this chapter shall be deposited in said fund. The moneys deposited shall be used by the City to pay for design and construction of Master Plan facilities constructed by the City, and to make reimbursement to persons who have constructed such facilities and transferred them to the City. Ten percent of all such charges collected by the City pursuant to this • chapter shall be retained by the City to defray the costs of administration, including plan checking and construction inspection. 14.33.110 Administration and Appeals. The Utilities Director shall be charged with the duty of administering the procedures set forth in this chapter and any rules and regulations adopted pursuant to its authority. Any person who is dissatisfied with a decision of the Utilities Director may appeal such decision to the City Manager by filing a written statement of appeal with the City Clerk within 15 days after he has received notice of the decision. The City Manager shall fix a date for hearing the appeal and shall give notice thereof to the party appealing. The decisions of the • City Manager on such appeals shall be final and conclusive. SECTION 3: Chapter 14.32 is hereby repealed and deleted. 4 SECTION 4: This ordinance was introduced at a regular meeting of the City Council of the City of Newport Beach held on the 10th day of May, 1993, and adopted on the 24th day of May, 1993, by the following vote, to -wit: • • wb \ordin \watrplaim.ord 5/24/93 • AYES, COUNCILMEMBERS SANSONE, WATT, TURNER DEBAY NOES, COUNCILMEMBERS HEDGES ABSENT COUNCILMEMBERS NONE 5