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Resolution - 5756RESOLUTION NO. 5756. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WEST COVINA AMENDING RESOLUTION NO. 5726 ESTAB- LISHING A CHARGE FOR SEWER SERVICE AND MAINTEN- ANCE. WHEREAS, State law provides that a City may fix an annual sewer service standby or immediate availability charge, and WHEREAS, the City of West Covina does make available sewer ser- vice; and WHEREAS, the City Council.of the City of West Covina does desire to discontinue its collection of sewer maintenance charges from an ad valorem tax and desires to fix charges for sewer service standby or immediate availability under provisions of State law; and WHEREAS, on June 26, 1978, the City Council adopted Resolution No. 5726 establishing a charge for sewer service and maintenance; and WHEREAS, a detailed review of the revenues and expenditures for sewer service indicates that the previously adopted schedule of charges should be reduced in order that the fees collected bear a reasonable relationship to the cost of providing the service; and NOW, THEREFORE, the City Council of the City of West Covina does resolve as follows: SECTION 1. That the present method of collecting sewer main- tenance charges from an ad valoremtax is hereby discontinued. SECTION 2. Definitions • A. Sewer Service Available - Sewer service is available to any lot or parcel when a main- line sewer of sufficient capacity is located two hundred (200) feet or less from any exterior boundary of said lot or parcel. B. Residential Dwelling Unit - Residential dwelling unit shall include any single family house, individual apartment, condom:initm unit, motel or hotel unit, and church or' church -owned building, used or religious, instructional or assembly purposes. C. Vacant Parcel - A parcel of land is con- sidered to be vacant when it contains no structures normally requiring a building permit for their construction, alteration, moving, demolition, or repair or which con- tains no improvements which may be used for residential, recreational, commercial, office, or other purposes permitted by the City of West Covina zoning ordinance. • D. Area of Structures - The area of a structure consists of the sum of the gross floor area of each story of the building, excluding basements, enclosed by the outer surface of the exterior walls and a roof. 0 SECTION 3. Schedule of Charges - The annual charge shall be computed on a parcel basis in accordance with the following schedule of charges: $4.50 per year for each residential dwelling unit with sewer service available. $4.50 per year for each acre or portion thereof for vacant parcels of land. $6.00 per year for each 1,000 square feet or portion thereof of total area of structures with other than residential use. SECTION 4. That the charges fixed shall be collected from each owner even if the owner is otherwise exempt from taxes. SECTION 5. That the charges fixed shall be collected as part of the annual general County tax bill. SECTION 6. That penalties shall be collected for late payment at the same rate as penalties for late payment of County general taxes. SECTION 7. That the charges imposed by this resolution shall be increased or decreased annually as of July 1 of each calendar year, commencing on July 1, 1979, in an amount equal to the increase or decrease from the Base Index in the then latest available Consumer Price Index, as prepared and released by the Federal Government or any other governmental agency for the Los Angeles/Long Beach area. The last index published for the month of June 1978 shall be deemed to be the base index for the purpose of this Section. SECTION 8. Validity of Resolution. If any section, subsection, sentence, clause, phrase or portion of this resolution is for any reason held to be invalid or unconstitutional by the decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this resolution. The City Council hereby declares that it would have adopted this resolution and each section, subsection, sentence, clause, phrase, or portion thereof, irrespective of the fact that any one or more sections, sub- sections, phrases, or portions be declared invalid or unconstitutional. SECTION 9. The City Clerk shall certify to -the adoption of this resolution. fin APPROVED AND ADOPTED this 14th day of August , 1978. • ATTEST: City Clerk �y Mayor ``P�;o Tem -2- I HEREBY CERTIFY that .the foregoing resolution No:5756. was duly adopted by the City Council of the City of West Covina at a regular meeting • thereof held on the 14th day of August 1978 by the following vote of the Council: AYES: Councilmen: Miller, Browne, Chappell NOES: Councilmen: None ABSENT: Councilmen: Shearer, Tice • APPROVED AS TO FORM: City,Attorney • -3- City C erk N