HomeMy WebLinkAboutAgenda Report - March 16, 2011 G-02 PHAGENDA ITEM r L
ah CITY OF LODI
COUNCIL COMMUNICATION
W
AGENDA TITLE: Public Hearing to Consider Resolution Setting Residential Meter Installation
Charges
MEETING DATE: March 16, 2011
PREPARED BY: PublicWorks Director
RECOMMENDEDACTION: Public hearing to consider resolution setting residential meter
installation charges.
BACKGROUND INFORMATION: The City Council, on October 20, 2010, approved capping the
property owner payment at $300 for the residential property owner
portion of the Water Meter Program. At the same time, the Council
approved a seven-year construction schedule (2011— 2017);
lump -sum payment period from April 1, 2011 through June 30, 2011; and an optional three-year monthly
installment payment program beginning July 1, 2011 . The low-income assistance program was
eliminated on the basis the $300 capped payment met the objective of that program.
On July 1, 2011 or soon thereafter, a lien for an unspecified amount will be recorded against each parcel
that has not made the lump -sum payment. At the end of the three-year installment payment period, a
lien release removing the lien will be filed with the San Joaquin County Recorderand paid for by the City.
Properties that sell during the three-year installment payment period will be required to pay off the
remaining water meter charge, and the property owner will be required to file the lien release with the
San Joaquin County Recorder. Property owners will have the option to pay off the water meter charge
during the three-year installment period and the City will file the lien release with the San Joaquin County
Recorder. The proposed lien and lien release documents are provided in the attached Exhibit A.
As required by Proposition 218, notifications were sent to property owners 45 days prior to the public
hearing. The notices advised the property owners of the $300 charge per meter and the payment option.
The notice is provided in Exhibit B. The charge applies only to single-family detached, duplex, triplex,
and fourplex residential properties.
FISCAL IMPACT: Setting the $300 charge ensures the City will have the funds to implement
the State -mandated water meter program according to City Council
direction.
FUNDING AVAILABLE: Not applicable.
'�"" J'.'
F. Wally andelin
Public Works Director
FWS/pmf
Attachments
cc: Steve Mann, Information Systems Manager
APPROVED:
, City Manager
K:\WP\PROJECTS\WATERWIeterMCC PH MeterCharge.doe
3/7/2011
•� CITY OF LODI
PUBLIC WORKS DEPARTMENT
221 WEST PINE STREET
LODI, CALIFORNIA 95240
Phone: (209) 333-6706
Fax: (209) 333-6710
WHEN RECORDED MAIL TO: City of Lodi
Attn:
P. O. Box 3006
Lodi, California 95241
DATE:
TO: San Joaquin County Recorder
FROM: Wally Sandelin
Lodi Public Works Director
SUBJECT: STATEMENT OF DELINQUENT UTILITY CHARGES
In accordance with Lodi Municipal Code § and State of California Health and Safety
Code, Section 5473.11, please place a lien against the parcel in the amount indicated on the
attached plus additional accrual until date of payment:
SEE ATTACHED: Lien date is
This is a NO FEE document recorded for the benefit of the City of Lodi, Department of Public
Works Administration, by lien clerk.
Department of Public Works
221 West Pine Street
Lodi, California 95240
NOTARY ACKNOWLEDGMENTS
STATE OF CALIFORNIA
COUNTY OF
On before me, , personally
appeared , personally known to me (or
proved to me on the basis of satisfactory evidence) to be the person(s) whose name(s) is/are
subscribed to the within instrument and acknowledged to me that he/she/they executed the
same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the
instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the
instrument.
WITNESS my hand and official seal.
Signature (Seal)
[Date]
[Name]
[Address]
Lodi, California
CITY OF LODI
PUBLIC WORKS DEPARTMENT
221 WEST PINE STREET
LODI, CALIFORNIA 95240
Phone: (209) 333-6706
Fax: (209) 333-6710
Re: Account Number:
Parcel Number:
Service Address:
As owner of the above referenced parcel, you are hereby notified that a lien has been
recorded on , in Book Page of the Official
Records of San Joaquin County.
IF YOU HAVE SOLD THIS PROPERTY, PLEASE ACCEPT OUR APOLOGIES AND
DISREGARD THIS NOTICE.
For further information contact:
City of Lodi
Department of Public Works
221 West Pine Street
Lodi, California 95240
(209) 333-6706
•� CITY OF LODI
PUBLIC WORKS DEPARTMENT
221 WEST PINE STREET
LODI, CALIFORNIA 95240
Phone: (209) 333-6706
Fax: (209) 333-6710
Recording Requested By:
City of Lodi
Attn:
P. O. Box 3006
Lodi, CA 95241
TERMINATION OF LIEN OF DELINQUENT
CITY OF LODI UTILITY CHARGES
I hereby certify that the lien of Delinquent City of Lodi Utility Charges recorded on
in BOOK , PAGE , in the office of the County
Recorder, is no longer in force or effect.
Said notice was filed against property described as follows:
Owner:
Parcel #:
Address:
Lien Clerk
NOTARY ACKNOWLEDGMENT
STATE OF CALIFORNIA
COUNTY OF
On before me, , personally
appeared , personally known to me (or
proved to me on the basis of satisfactory evidence) to be the person(s) whose name(s) is/are
subscribed to the within instrument and acknowledged to me that he/she/they executed the
same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the
instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the
instrument.
WITNESS my hand and official seal.
Signature (Seal)
January
L0 '
V �
C� tiPNOTICE
Proposition 218 notification and hearing process
The Lodi City Council will con-
sider a one-time proposed water
meter installation fee at a public
hearing at 7 p.m. Wednesday,
March 16, 2011, at the Carnegie
Forum, 305 W. Pine St., Lodi.
Proposition 218 requires that the
City provide a notice of the pro-
posed fee to all property owners
forty-five (45) days prior to
holding a public hearing. If a
majority of the property owners
file oppositions to the infrastruc-
ture charge, the infrastructure
charge will not take effect.
Property owners may file a
written and signed protest
against the proposed fee with the
City Clerk at or before the close
of the public hearing. A protest
must contain a description of the
property owned sufficient to
identify the property (The ad-
dress or assessor's parcel num-
ber is shown on this mailing).
If you own more than one parcel,
you may file a single protest but it
must identify each parcel you
own. If the name on the written
protest is not shown on the last
equalized assessment roll of San
Joaquin County as the owner of
the property or on the utility ac-
count, the signer of the protest
must also submit written evidence
of ownership and utility infra-
structure charge responsibility.
The City of Lodi proposes to es-
tablish a fee and payment sched-
ule to fund the installation of wa-
ter meters. The Water Meter in-
frastructure fee is proposed to be
set at $300.00 per meter installa-
tion and proposed to be assessed
against all single-family homes
and two-, three- and four -unit
residential buildings that are cur-
rently separately served. The fee
will be due by June 30, 2011.
Properties not paying by June
30, 2011 will be automatically
enrolled in a 36 -month install-
ment plan bearing interest at the
Local Agency Investment Rate
as of December 2010 plus 1 per-
cent for a total interest rate of
1.46 percent. Payments would
total $8.52 per month.
Properties that have already
paid for a meter will not be
charged for their meter instal-
lation. Properties that in-
stalled their own meters in
2010 will be refunded the dif-
ference between their installa-
tion costs.
At the public hearing, Council
shall hear all protests and tabu-
late the ballots. One written pro-
test per parcel, filed by the prop-
erty owner of the parcel shall be
counted in calculating a majority
protest to the proposed new fee
or charge subject to the require-
ments of Section 6 of Article
XIII D of the California Consti-
tution. If the votes conflict, the
City will count the no vote.
Written protests may be mailed
to:
City of Lodi
Attn: City Clerk
P O. Box 3006
Lodi, CA 95241-1910
Written protests may also be de-
livered in person to the City
Clerk, 221 West Pine Street,
Lodi, or at the public hearing.
The charge is being proposed in
order to recover the cost of pro-
viding and installing the meter,
which is required by the 2004
State law, AB 2572.
The $300.00 meter infrastructure
fee was established using the lat-
est contract costs for meter pur-
chases and installation.
If you have questions about the
fee or a refund, please call the
Public Works Department at
(209) 333-6706 between 8 a.m.
and 5 p.m., Monday through Fri-
day.
RANDI JOHL, City Clerk
City of Lodi
RESOLUTION NO. 2011-36
A RESOLUTION OF THE LODI CITY COUNCIL
SETTING RESIDENTIAL WATER METER
INSTALLATION CHARGES
WHEREAS, the Council of the City of Lodi finds as follows:
1. The City of Lodi provides water supply service to its citizens;
2. The State has mandated that all water supply services be metered by
January 1,2025;
3. Staff recommends establishment of a fee and payment schedule to fund
the installation of water meters;
4. The water meter infrastructure charge is to be set at $300 per meter
installation and is to be assessed against all single-family homes and
duplex, triplex, and fourplex residential buildings that are currently served;
5. The water meter infrastructure charge will be due on June 30, 2011;
6. Properties not paying by June 30, 2011, will be automatically enrolled in a
36 -month installment plan bearing interest at the Local Agency
Investment Fund rate as of December 2010 plus one percent, for a total
interest rate of 1.46 percent and a payment total of $8.52 per month;
7. Propertiesthat have already paid for a meterwill not be charged anything
for their meter installation:
8. Properties that installed their own meters will be refunded the difference
between their installation costs and $300;
9. The Council directed that notice of a hearing thereon be given to the
property owners and water service utility customers in the City, with such
notice to include, among other matters, the information required to be
included pursuantto California law;
10. Pursuant to California Constitution, Article XIIIC and Government Code
53755, such notice has been mailed to those property owners and
account holders, at least 45 days before the hearing, as evidenced by a
Certificate of Mailing on file with the City Clerk;
11. The Council also directed that notice of a hearing thereon be given with
such notice to include the information required to be included pursuant to
Government Code section 54354.5;
12. Such notice has been published once each week for two weeks, in
accordance with Government Code section 54354.5, in the Lodi News -
Sentinel as evidenced by Proofs of Publication on file with the City Clerk;
13. On March 16, 2011, the City Council conducted said public hearing, at
which time the City Council heard all objections and protests to the
proposed residential water meter installation charges;
14. Written protests against the proposed residential water meter installation
charges were not presented by a majority of the property owners and
water utility customers; and
15. The proposed residential water meter installation charges are not
discriminatory or excessive, are sufficient under Government Code
section 54515, comply with the provisions or covenants of any
outstanding revenue bonds of the City payable from the revenues of the
enterprise, comply with the provisions of Title 5, Division 2, Chapter 6 of
the Government Code, and are in compliance with all other applicable
law.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Lodi as
follows:
Section 1. Recitals. The foregoing recitals are true and correct.
Section 2. Lew of Charges. Pursuant to Sections 13.08.010, 13.12.240, and
13.16.110 of the Lodi Municipal Code, residential water meter installation
charges as attached hereto as ExhibitA are hereby approved.
Section 3. Delinquency/Assessment. Properties not paying by June 30, 2011, will
be delinquent and automatically enrolled in a thirty-six month installment
plan bearing interest at the Local Agency Investment Rate as of
December 2010 plus 1 percent for a total interest rate of 1.46 percent.
Payments will total $8.52 per month. The delinquency shall be secured
as a lien on the applicable property as authorized by Government Code
Section 54354.
Section 4. Effective Date. This resolution shall take effect from and after the date of
its passage.
Dated: March 16, 2011
I hereby certify that Resolution No. 2011-36 was passed and adopted by the City
Council of the City of Lodi in a regular meeting held March 16, 2011, by the following
vote:
AYES: COUNCIL MEMBERS — Hansen, Katzakian, and Mayor Johnson
NOES: COUNCIL MEMBERS — Mounce and Nakanishi
ABSENT: COUNCIL MEMBERS— None
ABSTAIN: COUNCIL MEMBERS— None
2011-36
ExhibitA
RESIDENTIAL WATER METER INSTALLATION CHARGES
Water Meter Procurement and Installation
$300 due by June 30, 2011
Due June 30, 2011
36 -Month installment Plan
$8.52/month
July 1,2011 —June 30,2014
Engineering
Public Hearing
Item G - 2
March 16, 2011
I
Water Meter Program
• Residential Meter Installation Only
• Single Family Detached (11,880)
• Duplex, Triplex, and Fourplex (1,044)
• $300 Per Meter Assembly
• Single Meter Per Parcel
• Additional Meter - Property Owner Cost
• Advanced Payment Avoids Rate Increase
Meter Payment Plan
• April Invoice to All Property Owners
• Full Payment Due By June 30, 2011
• Automatic 3 -Year Installment Plan Begins
July 1, 2011
• Unpaid Property Liens Filed July 1, 2011
Property Liens
• City Pays to File Liens (9,047)
• City Pays to Release Lien Upon Full
Payment
• Properties Sold During 3 -Year Period Pay
Off Balance and Pay to Release Lien
Next Steps
• Multi -Family Residential (4,504)
— 171 Parcels (5 — 10 units)
— 43 Parcels (11 — 20 units)
— 26 Parcels (21 — 40 units)
— 87 Parcels (41 — 100 units)
• Commercial & Industrial (80% metered)
• Condominiums (600)
• Public and Quasi -Public
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CITY CLERK'S CERTIFICATE
RE: WRITTEN PROTESTS
RESIDENTIALWATER METER INSTALLATION CHARGES
1,RANDI JOHL, City Clerk of the City of Lodi hereby certify that City Clerk
staff have personally received and assembled all written protests returned by
mail or delivered in person.
At the conclusion of the public hearing on March 16, 2011, 1 tabulated the
written protests and certify the result of that tabulation to be as follows:
TOTAL NUMBER OF RESIDENTIAL PROPERTIES: 12,273
on which the rates are imposed as shown
on the last equalized assessment roll of
San Joaquin County and City utility billing
records pursuantto Proposition 218
requirements
TOTAL NUMBER OF WRITTEN PROTESTS RECEIVED: 280
to the proposed residential water meter
installation charges
I make this certification on March 17,201 1
RANDI JOHL
CITY CLERK
N:\Administration\CLERK\Election\Prop_218\Certification Results_WaterMeters.doc
�OF�
SUBJECT:
PUBLISH DATE:
Please immediately confirm receipt
of thisfax by calling 333-6702
CITY OF LODI
P.O. BOX 3006
LODI, CALIFORNIA 95241-1910
ADVERTISING INSTRUCTIONS
PUBLIC HEARING TO CONSIDER SETTING RESIDENTIAL METER
INSTALLATION CHARGES
SATURDAY, FEBRUARY 5,2011
SATURDAY, MARCH 5,2011
TEAR SHEETS WANTED: One (1) please
SEND AFFIDAVIT AND BILL TO:
LNS ACCT. #0510052
DATED: TUESDAY, FEBRUARY 1,2011
ORDERED BY: RANDI JOHL
CITY CLERK
NIFER . ROBISON, CMC
SSIST NT CITY CLERK
fortnAadvins.doc
RANDI JOHL, CITY CLERK
City of Lodi
P.O. Box 3006
Lodi, CA 95241-1910
MARIA BECERRA
ADMINISTRATIVE CLERK
• CITY OF LODI
Carnegie Forum
305 West Pine Street, Lodi
NOTICE OF PUBLIC HEARING
Date: March 16, 2011
Time: 7:00 p.m.
For information regarding this notice please contact:
Rand! Johl
City Clerk
Telephone: (209) 333-6702
NOTICE OF PUBLIC HEARING
NOTICE IS HEREBY GIVEN, pursuant to Government Code 954354.5, that on
Wednesday, March 16, 2011, at the hour of 7:00 p.m., or as soon thereafter as the
matter may be heard, the City Council will conduct a public hearing at the Carnegie
Forum, 305 West Pine Street, Lodi, to consider the following matter:
a) Resolution setting residential meter installation charges (as identified on the
attached Exhibit A).
Information regarding this item may be obtained in the Public Works Department,
221 West Pine Street, Lodi, (209) 333-6706. All interested persons are invited to
present their views and comments on this matter. Written protests may be filed with the
City Clerk, City Hall, 221 W. Pine Street, 2"d Floor, Lodi, 95240, at any time prior to the
hearing scheduled herein, and oral statements may be made at said hearing.
If you challenge the subject matter in court, you may be limited to raising only those
issues you or someone else raised at the public hearing described in this notice or in
written correspondence delivered to the City Clerk at, or prior to, the public hearing.
At said hearing, any person interested, including any person owning property in the City,
may be heard as to whether said charges are discriminatory or excessive, or will not be
sufficient under Government Code Section 54515, or will not comply with the provisions
or covenants of any outstanding revenue bonds of the City payable from the revenues of
the respective enterprise, or will not comply with the provisions of Title 5, Division 2,
Part 1, Chapter 6 "The Revenue Bond Law" of the Government Code, or an any other
matter related to the proposed charges or their method of adoption.
Or of the Lodi City Council:
R
�)�
City Clerk
Dated: January 19,2011
JACITYCLRKWORMMPH NOTICE publication ResMeterinstallCharges_Prop218.doc 1121111
EXH'10T A
RESOLUTION NO. 2011-
A RESOLUTION OF THE LODI CITY COUNCIL
SETTING RESIDENTIAL WATER METER
INSTALLATION CHARGES
WHEREAS, the Council of the City of Lodi finds as follows:
1. The City of Lodi provides water supply service to its citizens;
2. The State has mandated that all water supply services be metered by
January 1, 2025;
3. Staff recommends establishment of a fee and payment schedule to fund
the installation of water meters;
4. The water meter infrastructure charge is to be set at $300 per meter
installation and is to be assessed against all single-family homes and
duplex, triplex and fourplex residential buildings that are currently served;
5. The water meter infrastructure charge will be due on June 30, 2011;
6. Properties not paying by June 30, 2011 will be automatically enrolled in a
36 -month installment plan bearing interest at the Local Agency
Investment Fund rate as of December 2010 plus one percent, for a total
interest rate of 1.46 percent and a paymenttotal of $8.52 per month;
7. Propertiesthat have already paid for a meter will not be charged anything
for their meter installation;
8. Properties that installed their own meters will be refunded the difference
between their installation costs and $300;
9. The Council directed that notice of a hearing thereon be given to the
property owners and water service utility customers in the City, with such
notice to include, among other matters, the information required to be
included pursuant to California law;
10. Pursuant to California Constitution, Article XIIIC and Government Code
53755, such notice has been mailed to those property owners and
account holders, at least 45 days before the hearing, as evidenced by a
Certificate of Mailing on file with the City Clerk;
11. The Council also directed that notice of a hearing thereon be given with
such notice to include the information required to be included pursuant to
Government Code section 54354.5;
12. Such notice has been published once each week for two weeks, in
accordance with Government Code section 54354.5, in the Lodi News -
Sentinel as evidenced by Proofs of Publication on file with the City Clerk;
follows:
13. On March 16, 2011, the City Council conducted said public hearing, at
which time the City Council heard all objections and protests to the
proposed residential water meter installation charges;
14. Written protests against the proposed residential water meter installation
charges were not presented by a majority of the property owners and
water utility customers; and
15. The proposed residential water meter installation charges are not
discriminatory or excessive, are sufficient under Government Code
section 54515, comply with the provisions or covenants of any
outstanding revenue bonds of the City payable from the revenues of the
enterprise, comply with the provisions of Title 5, Division 2, Chapter 6 of
the Government Code, and are in compliance with all other applicable
law.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Lodi as
Section 1. Recitals. The foregoing recitals are true and correct.
Section 2. Levy of Charges. Pursuant to Sections 13.08.010, 13.12.240, and
13.16.110 of the Lodi Municipal Code, residential water meter installation charges as
attached hereto as Exhibit are hereby approved.
Section 3. Delinquency/Assessment. Properties not paying by June 30,
2011, will be delinquent and automatically enrolled in a thirty-six month installment plan
bearing interest at the Local Agency Investment Rate as of December 2010 plus 1
percent for a total interest rate of 1.46 percent. Payments will total $8.52 per month.
The delinquency shall be secured as a lien on the applicable property as authorized by
Government Code Section 54354.
Section 4. Effective Date. This resolution shall take effect from and after the
date of its passage.
Dated: March 16, 2011
---
I hereby certify that Resolution No. 201 1- —eras passed and adopted by the
City Council of the City of Lodi in a regular meeting held March 16, 2011, by the
following vote:
AYES:
COUNCIL MEMBERS –
NOES:
COUNCIL MEMBERS –
ABSENT:
COUNCIL MEMBERS –
ABSTAIN:
COUNCIL MEMBERS –
RANDI JOHL
City Clerk
2011-
Exhibit A
RESIDENTIAL WATER METER INSTALLATION CHARGES
Water Meter Procurement and Installation
$300 due by June 30, 2011
Due June 30,2011
36 -Month Installment Plan
$8.52/month
July 1,2011—June 30,2014
USPS - Postage Statement Wizard 25.0.0
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Postage Summary
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PRESORTCENTER
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Certification
The mailer's signature certifies acceptance of liability for and agreement to pay any revenue deficiencies assessed on this mailing, subject to appeal. If
an agent signs this form, the agent certifies that he or she is authorized to sign on behalf of the mailer, and that the mailer is bound by the certification
and agrees to pay any deficiencies. In addition, agents maybe liable for any deficiencies resulting from matters within their responsibility, knowledge,
or control.
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• City of Lodi
Public Works Dept.
P.O. Box 3006
Lodi, CA 95241
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Stockton. CA
Permit No. 269
Proposition 218 notification and hearing process
The Lodi City Council will con-
sider a one-time proposed water
meter installation fee at a public
hearing at 7 p.m. Wednesday,
March 16, 2011, at the Carnegie
Forum, 305 W. Pine St., Lodi.
Proposition 218 requires that the
City provide a notice of the pro-
posed fee to all property owners
forty-five (45) days prior to
holding a public hearing. If a
majority of the property owners
file oppositions to the infrastruc-
ture charge, the infrastructure
charge will not take effect.
Property owners may file a
written and signed protest
against the proposed fee with the
City Clerk at or before the close
of the public hearing. A protest
must contain a description of the
property owned sufficient to
identify the property (The ad-
dress or assessor's parcel num-
ber is shown on this mailing).
If you own more than one parcel,
you may file a single protest but it
must identify each parcel you
own. If the name on the written
protest is not shown on the last
equalized assessment roll of San
Joaquin County as the owner of
the property or on the utility ac-
count, the signer of the protest
must also submitwritten evidence
of ownership and utility infra-
structure charge responsibility.
The City of Lodi proposes to es-
tablish a fee and payment sched-
ule to fund the installation of wa-
ter meters. The Water Meter in-
frastructure fee is proposed to be
set at $300.00 per meter installa-
tion and proposed to be assessed
against all single-family homes
and two-, three- and four -unit
residential buildings that are cur-
rently separately served. The fee
will be due by June 30,2011.
Properties not paying by June
30, 2011 will be automatically
enrolled in a 36 -month install-
ment plan bearing interest at the
Local Agency Investment Rate
as of December 2010plus 1 per-
cent for a total interest rate of
1.46 percent. Payments would
total $8.52 per month.
Properties that have already
paid for a meter will not be
charged for their meter instal-
lation. Properties that in-
stalled their own meters in
2010 will be refunded the dif-
ference between their installa-
tion costs.
At the public hearing, Council
shall hear all protests and tabu-
late the ballots. One written pro-
test per parcel, filed by the prop-
erty owner of the parcel shall be
counted in calculating a majority
protest to the proposed new fee
or charge subject to the require-
ments of Section 6 of Article
XIII D of the California Consti-
tution. If the votes conflict, the
City will count the no vote.
Written protests may be mailed
to:
City of Lodi
Attn: City Clerk
P O. Box 3006
Lodi, CA 95241-1910
Written protests may also be de-
livered in person to the City
Clerk, 221 West Pine Street,
Lodi, or at the public hearing.
The charge is being proposed in
order to recover the cost of pro-
viding and installing the meter,
which is required by the 2004
State law, AB 2572.
The $300.00 meter infrastructure
fee was established using the lat-
est contract costs for meter pur-
chases and installation.
If you have questions about the
fee or a refund, please call the
Public Works Department at
(209) 333-6706 between 8 a.m.
and 5 p.m., Monday through Fri-
day.
RANDI JOHL, City Clerk
City of Lodi