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HomeMy WebLinkAboutORD NO 2576ORDINANCE NO. 2576 NEW SERIES AN ORDINANCE OF THE COUNCIL OF THE CITY OF BAKERSFIELD AMENDING CHAPTER 8.72 OF THE BAKERSFIELD MUNICIPAL CODE RELATIVE TO SEWERS--USE AND CONNECTIONS BY NON-RESIDENTS. BE IT ORDAINED by the Council of the City of Bakersfield as follows: SECTION 1. Chapter 8.72 of the Bakersfield Municipal Code is amended to read as follows: Sections: 8.72.010 8.72.020 8.72.030 8.72.040 8.72.050 8.72.060 8.72.070 8.72.080 8.72.090 8.72.100 Written Agreement. Persons paying service charge to sanitation district exempt from user and capacity charge. Disconnection where no agreement. Rates and charges. Basis and purpose of rates and charges. Change in occupancy or use. Right to terminate agreement. Agreements may contain additional provisions not in conflict with chapter. Failure to comply with agreement-notice-court action. Application of chapter. 8.72.010 Written Agreement. (a) Whenever an application is made for a sewer connection to a city sewer within an unincorporated area which constitutes an island, or essentially an island, bounded by the city, the City Engineer is authorized to enter into an agreement for such sewer connection in accordance with this chapter. (b) The City Council may establish by resolution other areas of unincorporated territory within which the City Engineer is authorized to enter into agreements for suburban sewer connection in accordance with this chapter. 8.72.020 Persons paying service charge to sanitation district exempt from user and capacity charge. Notwithstanding any pro- visions of this chapter to the contrary, whenever any such property mentioned in Section 8.72.010 hereof is within a sanitation district, which sanitation district is paying a fee to the City of Bakersfield pursuant to the terms of a contract with the city for the use of city's sewer line, the owner of the property shall be exempt from the payment of the annual charge to the city if the owner pays a service charge to the sanitation district. 8.72.030 Disconnection where no agreement. All private sewer lines heretofore connected to the out-fall-main sewer system of the City of Bakersfield, without the owner of the property having entered into a written agreement with the City of Bakersfield for the payment of sewer user and capacity charge connection, shall be disconnected under the direction of the City Engineer upon thirty days' written notice to the property owner of the property, given by the City Engineer, unless within that time the owner of the property executes an agreement for the payment of charges in accordance with the adopted schedule of rates and charges hereinafter set forth in Section 8.72.040. Notice sent by registered mail to the property owner at his last known address, or to the occupant of said property, shall be sufficient notice under this chapter. 8.72.040 Rates and charges. (a) The annual rate and charges for connections to a city sewer outside of the City Limits shall be composed of the sum of a capacity and use charge, as follows: (1) A use charge, which shall reasonably represent a measure of the applicant's use of the system. The use charge shall be as per schedule adopted by the City Council annually, plus (2) A capacity charge, which shall be for the purpose of reserving a portion of the city's trunk-line and sewage treatment facilities for the applicant. The capacity charges shall be as follows: ONE FAMILY DWELLING: (Includes condominiums and mobilhome subdivisions). Capacity charge Thirty Dollars ($30.00) for each unit. TWO OR MORE FAMILY DWELLING: (Includes multiple dwellings). Capacity charge Thirty Dollars ($30.00) for first unit plus Twenty Dollars ($20.00) for each additional unit. TRAILER COURT: Toilet and laundry rooms (each toilet room and laundry room shall be considered as a separate unit). Capacity charge Thirty Dollars ($30.00) for the first unit plus Twenty Dollars ($20.00) for each additional unit. Trailer spaces (equipped with sewer connections) capacity charge of Thirty Dollars ($30.00) per trailer space. HOTEL OR MOTEL: Capacity charge Thirty Dollars ($30.00) for first restroom or bathroom plus Five Dollars ($5.00) for each additional restroom or bathroom. GARAGE: Capacity charge Thirty Dollars ($30.00). GASOLINE SERVICE STATION: Capacity charge Thirty Dollars ($30.00). RESTAURANT: Capacity charge Thirty Dollars ($30.00). (b) Occupancies listed above shall be construed and defined as provided in Title 17 of this code and amendments thereto, unless a different meaning and/or construction is herein specified and/or provided for. (c) Occupancies not listed above will be charged at a rate per year to be determined by the City Engineer with the approval of the City Manager. Said rate per year shall be determined after an inspection of the property sought to be connected, as interpreted in the light of this schedule, but in no case shall the rate for capacity be less than Thirty Dollars ($30.00) per unit or store per year. (d) Approval of the City Engineer shall be obtained before any connection is made to the City's sewerage system. Upon such approval, the City Engineer shall be and he is hereby authorized to execute a contract for as required in this chapter. (e) Contracts as provided above provisions: 1. 2. and on behalf of the City of Bakersfield, shall include the following The contract shall not be transferable. The contract shall not extend for longer than ten years, plus the unexpired portion of the calendar year in which it commences. 3. Charges for sewer service shall be made on a bi- monthly basis commencing with the first of the month following the month in which the connection is made. All such charges are due and payable in advance. 4. A contract shall be deemed canceled if payment in full as provided in the foregoing paragraph is not made within one hundred twenty days (120) after it becomes due and payable. The service line shall, in that event, be disconnected. 5. Any willful misrepresentation by any person, agent or representative, as to the use of the premises to be served, shall be cause for immediate termination of the contract with the City upon ten (10) days written notice to said person, duly mailed to said persons's last known address as shown on the records of the City Engineer. 8.72.050 Basis and purpose of rates and charges. The rates and charges fixed in this chapter are hereby declared to be necessary to compensate the city for the expense incurred in furnishing sewer facilities, equipment, supervision, and regulation of sewage dis- posal and the sewer farm, for property owners outside the city limits of the City of Bakersfield who have connected their property with the main sewer system of the City of Bakersfield, and said rates and charges are found to be a reasonable fee for the privilege and the service. Said rate and charges are based upon service to the property or properties connected, and no combination of facilities served shall alter the rate to be charged for each facility. 4 o 8.72.060 Change in occupancy or Use. No change shall be made in the status of any occupancy or facility served which would cause an increase in the service and an increase in the rate to be paid to the City of Bakersfield as provided in Section 8.72.040 hereof, by the owner or occupant of said property, without having first secured a permit from the City Engineer authorizing said change, and it shall be the duty of the owner or occupant of said facility served to secure said permit before said change has been made in the facility served, and to enter into a new agreement with the City of Bakersfield at the increased rate necessitated by said change, within thirty days after said change has been made. If the owner or occupant fails to secure a permit, or to enter into a new agreement, as stated above, the city may disconnect said private sewer upon thirty days' written notice, as provided in Section 8.72.030 hereof, or may charge said owner or occupant a penalty of fifty percent which shall be based upon the new and correct rate for the increase in service, said penalty to be charged only upon the first year's charges at the increased rate. 8.72.070 Right to terminate agreement. Notwithstanding any pro- vision to the contrary in this chapter, the right to terminate any agreement under this chapter shall be set forth in each individual agreement. 8.72.080 Agreements may contain additional provisions not in conflict with chapter. Any agreement made under this chapter may incorporate provisions not contained herein, if not in conflict herewith. 8.72.090 Failure to comply with agreement-notice-court action. In any case where a property owner has entered into a written agree- ment with the City of Bakersfield for the payment of sewer user and capacity charges for the privilege of connecting his private sewer line or lines with the main sewerage system of the City of Bakers- field, and fails to pay his charges at the time and in the manner required by this chapter and said agreement, or fails to keep, observe, or perform any covenant or condition contained in said agreement, the City Engineer may, upon ten days written notice to such property owner sent by registered mail at his last known address, or upon ten days written notice to the occupant of the premises served by said private sewer line or lines which are connected to the main sewerage system of the City of Bakersfield, sent by registered mail, immediately disconnect said private sewer line from said main sewerage system of the City of Bakersfield, unless charge has been paid within said ten days time, or said covenants or conditions have been kept, observed or performed or the breach thereof has been remedied within said ten days time; and/or he may refer the matter to the City Attorney, who shall bring an action in a court of competent jurisdiction for the collection of any and all sums of money due and owing to the City of Bakersfield under said contract and/or damages suffered by said City of Bakersfield for any violation thereof. 8.72.100 Application of chapter. The terms and conditions specified in this chapter shall apply only to contracts to be entered into from and after the effective date of this chapter, and to all renewals of contracts now in force and effect. SECTION 2. This ordinance shall be posted in accordance with the City Charter provisions and shall become effective thirty (30) days from and after the date of its passage. .......... 000 .......... I HEREBY CERTIFY that the foregoing Ordinance was passed and adopted by the Council of the city of Bakersfield at a regular meeting thereof held on the 29th day of October , 1980, by the following vote: CITY C~RK aSfd Ex~fficio Clerk of the Council of the city of Bakersfield APtROVED this _2,9~ d~a~_.of October , 1980 APPROVED as to form: ,~ .~~ ~F'-- - . CITY ATTORNEY c~the City ~f Bakersfzeld AffrayS! of r tnan es STATE OF CALIFORNIA, } County of Kern ss. H. E. BERGEN, being duly sworn, deposes and says: That he is the duly appointed, acting and qualified City Clerk of the City of Bakersfield; and that on ................................Q..qt.qb_..~_~?......~.~[~ ............................................, 19...~.(~.. he posted on the Bulletin Board at the City Hall, a full, true and correct copy of an ordinance passed by the Council of said City at a meeting thereof duly held on .............. Q.~..t....o...l~.~.~.....~..~. ........................., 19..~..Q...., which ordinance was numbered.. 2P.~.~ ........ New Series, and entitled: AN ORDINANCE OF THE COUNCIL OF THE CITY OF BAKERSFIELD AMENDING CHAPTER 8.72 OF THE BAKERSFIELD MUNICIPAL CODE RELATIVE TO SEWERS--USE AND CONNECTIONS BY NON-RESIDENTS. Subscribed and sworn to before me this 3~cd day of Novemb~ , 19 80