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2008/08/26 City Council Ordinance 801 AFFIDAVIT OF POSTING STATE OF CALIFORNIA) ) ss County of Sonoma ) Terri Griffin, under penalty of perjury, deposes and says: That she is, and during all times herein mentioned was, the duly acting and qualified Deputv City Clerk of the City of Rohnert Park, Sonoma County, California; and that on the 28th day of Aue:ust. 2008, she posted and had published as required by law full, true, and correct copies of ORDINANCE NO. 801, "AMENDING CHAPTER 13.04 OF THE ROHNERT PARK MUNICIPAL CODE (CITY WATER SYSTEM) TO INCREASE WATER SERVICE RATES" in five (5) public places in said City, to wit: www.rocitv.or!! for website posting City Offices 6750 Commerce Boulevard Public Safety Main Station 500 City Hall Drive Rohnert Park Community Center 5401 Snyder Lane Library 6250 Lynne Conde Way y~~ Signed Subscribed and sworn to before me this 28th day of August, 2008. M:\Ordinances\Ordinances-200S\Affidavits of Posting\Affidavit of Posting SO I.doc ORDINANCE NO. 801 AN ORDINANCE AMENDING CHAPTER 13.04 OF THE ROHNERT PARK MUNICIPAL CODE (CITY WATER SYSTEM) TO INCREASE WATER SERVICE RATES WHEREAS, Section 13.04.030 of the Rohnert Park Municipal Code provides that the City Council shall, by ordinance, establish rates for the sale of water; and WHEREAS, the City has determined it is fiscally responsible to increase water service rates effective October 1,2008; and WHEREAS, the City has identified the parcels upon which the charges will be imposed, calculated the amount of the charge to be imposed on each parcel, mailed notice to all record owners of properties responsible for water charges, wherein the City provided written notice of the proposed charges, the amount of the proposed charges, the basis for the calculation, the reason for the charge, and the date, time, and location for a public hearing not less than 45 days after the notice; and WHEREAS, the City Council held the duly noticed public hearing and considered any and all property owner protests; and WHEREAS, written protests against the water rates were not presented by a majority of owners of the identified parcels; NOW, THEREFORE, the City Council of the City of Rohnert Park does ordain as follows: SECTION 1: In accordance with Article XIII D, Section 6(b), of the California Constitution, the City Council that: A. The revenues derived from the water service charges shall not exceed the funds required to provide water service, because the rates are calculated to allow the City to recover its costs. B. The revenues derived from the water service charge will not be used for any purpose other than that for which the charge is imposed, because the revenue will be kept in a separate fund used only for costs related to the provision of water service. C. The amount of the charge does not exceed the proportional cost of the water service attributable to each parcel, because it is based upon necessary pipe size and water consumption. 959443vl 80078/0012 D. The water service charge will not be imposed upon parcels for which water service is not available. E. The water service charge will be used to enable the City to provide water service rather than general governmental services. SECTION 2. The following water service rate schedules are adopted in accordance with Section 13.04.030 of the Rohnert Park Municipal Code after mailed notice and a public hearing: A. RATES FOR WATER SERVICE effective October 1. 2008: 1. Flow Charges: Rate per gallon. $0.003 per gallon ($3.00 per 1,000 gallon) 2. Monthly Service Charge by meter size: %" to 1" (Single Family Residence) 1 W' 2" 3" 4" 6" 8" $ 18.32 $ 30.1 0 $ 44.27 $ 79.65 $124.49 $242.45 $384.00 3. Service outside the city limits will be as listed above plus ten percent (10%). 4. A discounted flow rate of $0.0027 per gallon ($2.70 per thousand gallons) will be applied to single family residents and qualified multi-family units that use 10,000 gallons or less per month. In order to qualify for the discounted rate, multi-family complexes must sub-meter each unit, bill each unit based on consumption and have a separate meter for all irrigation. 5 Bi-monthly rates will be double the monthly rate. SECTION 4: Annual Increase. On June 1,2009, and each subsequent year, the water rates shall increase by the same percentage that the Sonoma County Water Agency charge to the City had increased in the previous year. SECTION 5: Severability. The City Council hereby declares that every section, paragraph, sentence, clause and phrase is severable. If any section, paragraph, sentence, clause or phrase of this Ordinance is for any reason found to be invalid or unconstitutional, such invalidity, or unconstitutionality shall not affect the validity or constitutionality of the remaining sections, paragraphs, sentences, clauses or phrases. SECTION 6: Effective Date: This ordinance shall be in full force and effective 30 days after its adoption and shall be published and posted as required by law. 959443vl 80078/0012 This ordinance was introduced on the 12th day of August, 2008 and DULY AND REGULARLY ADOPTED this 26th day of August following vote: , 2008 by the AYES: Five (5) Council Members Breeze, Smith, Stafford, Vidak-Martinez, and Mayor Mackenzie NOES: None (0) ABSENT: (0) None ABSTAIN: None (0) ATTEST: CITY OF ROHNERT PARK cdtv~ ~1/~) 'ty Clerk " Dip Approved M ~ ~ I ~~'r City Attorney I c=J)c; cJ~ 959443vl 80078/0012