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HomeMy WebLinkAboutAgenda Report - January 6, 1988 (72)C O U N C I L C O M M U N I C A T I O N TO: THE CITY COUNCIL COUNCIL MEETING DATE NO. J� FROM: THE CITY N[AN431S OFFICE January 6, 1988 SUBJECT: ADOPT AMENDED REFUSE RATE SCHEDULE PREPARED BY: Assistant City Manager RECOMMENDED ACTION : The City Council adopt the refuse rates shown in Table A and either Table B or C for all bills prepared after February 1, 1988. BACKGROUND INFORMATION: Our agreement with our franchise refuse hauler, Sanitary City Disposal Co. Inc., called for a review of the rate structure to begin My of 1986 to be effective July 1, 1986. I t was mutually agreed that a consultant, H jumaily-Butler Associates, would be retained to evaluate the rate schedule and the means of determining rates. Sanitary City prepared for him a budget for 1986-87 and 1987-88. These budgets were prepared in two parts - one part which was predicated on maintaining the same level of service i.e. curbside and one which,. Prov ided for mandatory curbside service. The budget for the curbside service was $264,000 more than the budget for retaining backyard service. It took an inordinate amount of time to receive a final copy of the consultant's report. As we delved into the report we discovered a number of customers were left out, revenues outside the regular pick-up were not. considered and improper assumptions relative to waste taken to the transfer station and the dump. The past two weeks we have met repeatedly with representatives of Sanitary City and developed the amount of revenue needed to sustain the .present levels of service. W used the 1987-88 budget as submitted by Sanitary City with no review or justification of the budgeted sums. For the number of customers, type of service, "e used actual figures as of November 25, 1987 and. for volumes and weights anntalized figures for 1987. Five items make up the rates to be charged: The pick-up costs were determined using the budgeted figures presented by Mr. Vaccarezza. Included in these figures are all the costs of labor to pick-up refuse, labor to repair equipment, new equipment, interest, office costs and a pro -rata share of the administrative costs of all of the operations of Sanitary City, California Waste and associated companies. A profit of 12% on al'1 pick-up costs is included in the rate. The allowed profit in these rates is $214,616 per year. A cost of $16.60 per ton is charged by California Waste to process refuse taken to the Transfer Station. This operation is not covered by the franchise and not subject to the allowed profit on costs associated with pick-up. San Joaquin County has imposed a dump fee of $13.80 per ton on all refuse taken to the landfill. This cost is a direct pass through over which neither the City of Lodi nor Sanitary City has control. This cost is equivalent to $.68 per 30 -gallon can. A franchise fee is paid to the City of Lodi equal to 8%. The City does do all of the billing and collection or' all residential and commercial refuse. It should be understood that a franchise fee is a revenue source for the City's General Fund. The franchise fee is equal to $.48 can per month. Respectfully submitted, Jerry L. Glenn Assistant City Manager JLG: br service: The following chart shows the proposed cost of COST OF REFUSE OPERATIONS Residential Commercial Total Labor 458,891 176,481 2,988,236 Shop tabor 71,416 106,982 3,3905530 Equipment 262,160 267,351 408,489 Other '168,163 140,991 2,982,041 Administration 232,801 87,799 2,293,972 Total Costs 1,193,431 779,604 1,973,035 Profi t 12% 143,212 93,552 236,764 Transfer Station 267,814 233,186 501,000 Dump Fees 218,361 190,128 408,489 Cost of Operation 1,822,818 1,296,470 3,119,288 n Franchise Fee 8% 158,506 112,736 271,242 Revenue Needed 1,981,324 1,409,206 3,390,530 Less - Bins and Special 30,000 146,832 [176,8321 Other Revenue 127,808 97,654 [225,462] From Schedule 1,823,516 1,164,573 2,988,236 TOTAL COSTS 1,981,324 1,409,206 3,3905530 Less Dump Fee 218,361 190,128 408,489 Net Cost 1,762,963 1,219,078 2,982,041 Present Revenues 1,383,801 910,171 2,293,972 Total Increase 43.2% 54.8% 47..8% Increased With . Dum Feer 27.4% 33.9% .30.0% s' 3 Table A is the proposed residential rates. Table B is the present commercial rates. Table C is a commercial rate schedule which allocates cost proportionally to the number of pick-ups per week, the size of the container, and number of containers. It is the most equitable means. Its major impact, in addition to having increased costs, i s a heavier impact on the larger user. Table D is the revised present schedule. Table B was developed by increasing all bin collections by 38% and adding $5.89 per yard per month to the rate. This procedure maintains the same inequities but everyone is treated equally. NO TABLE A RESIDENTIAL RATES 1 can 7.00 per month 2 cans 11.50 per month Waste Wheel e 11.50 per month 3 cans 16.00 per month each additional can 4.50 per month .l . .:....... .... .. .. .. .. .... ....3 .. .. ... 2 .:. .. _. . ... .. • .. . stir': .,�.:a.... :L:,,,�_...v �.. �•.:;y.y,,�..%�.� .:fir. I fu-7� 5t 0-1 7f n, in 03 C KI Lo c C., M r. Ft IN uD -Ft Ll iN C� Ki V3 -:D 0 ZN T. -,D t. -fi ED ol 0-4 L 0 LJ N, CA 1" 0 'a- 0 cr, ch I -3 t---; EO P C, 'C' D -j u l 0 :1, C IF, JL N C 'a C--4 f.--1 'r Lin It It 't rl n b ti 10: - CO 0.. :}0y0 i8. :1. 4 7 $51 .461.': - $ 1 () 2. 91 15 4. 37 4., 127 23 r $90' 79 $lei czje, ---t: 2 2 7 -V 5 12 hQ-24 Z9 9 CL- .1 L :1, :1. 6 4: 'o C)". 4-7 0 1.t'? .1J. d: 1-78. 6 :v- 15i. 4:456. 65 3, C 13. 12 2 2 Ir 1. 4� <29(, 13 2 3, -1 �.'75 1 $4273. 5. 37 -6:.:! x-17. co) 14 34 1-.-, J. 13 7 1. It 4, 2 3': 9 7 3 9 A :1 1 `;.00 1. 1, '7 5 . ... . .... ... .. .... ... 36 6 28 1 (.:)76 , . .JJI (1,A 4., ":5*:�': I.::!!: 2 9 1 d. .1. is 9 B CS 7 19 6 1`x( 4 C) u $1 4`3 1 3:2, 2C 1 62 3$ 21 133. (".)c V'6&. J.8 $399„' 6 -`7 to 2 f -2 45 05 -T, 'i 11. 4 24 4” 7 421 2 .4 5 -,674 1 $ A 1 4 Q) . 2 6 2 $2 9 6 ',5:': 2 6 9 'V1 .,2101 .63 :r. 4 C' .1 C.) 4 . cr;('7' 0.. :}0y0 i8. :1. 4 127 23 r Z9 5 L :1, :1. 6 4: 305 C)". 4-7 0 1.t'? .1J. d: 31 5 4:456. 65 3, C 13. :.r. 1. c) - V 7 , 9 "*'-' 1: 1, , F �...6 4-:2 2('. -*)3,. e.. '34" 209 •a'1:C �,;- 2 4 1 co) 34 1-.-, J. 13 7 1. 4, 2 3': 9 7 3 9 A :1 AF 3 :1 46' . ... . .... ... .. .... ... 36 6 28 1 (.:)76 , . .JJI (1,A 4., ":5*:�': I.::!!: 2 9 1 d. .1. 37 "T 3$ to 421 TABLE D Fi,V I SED F FiESL hIT :F SCI If DULL;'_ BINS 2 s _ e "' 1•.. FfJE? U9. -V1(')". 40. QA (::I,'•t1 .. a ;.., r'., - -t+ q f d .4 -tom•. ti 1. - 't1:. C,-. :'i•. 3 J..,._:•�'.. `_��:�9 . /(:) ' 1 1I"c. ;C►t X1.95 9 #;77.,`.6 ;6L.3.fFS3 r ,( ,Y ..29 v 10 - +;t - __ - - 1 - 189.2 $149.73 -; 0. . $210.26 -:r:" a .. 2 $336.32 *. W' „1 :i. 41 $ 4�_. 1 1 -x-348. _3 -k:� 62. (=�`r $570.54 <-�•6 �. , - „ _ ..not , 5 11� 14 s �•• _ 1: �`1 i`t.' •.�� .�- 9, '9c_f .� 68; 61. f _lca 29 1591. ..'r5 .14 -- AMISS V $311.49 $487.38 $649.38 $804.42 1950 WOO, $473.10 $695.16 $930.23 ,e 6 V45a,61 f if pp. f6, :1 Q1 f a;' 1 WAS Ei 7 7•ti 8( 1 r,� ::k�%•19. 8 $771.23, - ^1 .[:: -2•- lc /� r, --F'�. ,JY .'li'C. .1.-/ r� �1 r_l.' -Tv'-i C)Y _ _'�6. 7 •'� t r-. -{/b ..JJ tel. M 1 r -T? s, 1-Y.+`.. _.r •.L, � �). / d-- ?I: t yi•�l'l�t,.yt() 4 - _ 0363.-1.7 $6917 1EE:1y022.21 $1,371.25 11,175.12 12,019.81. ={' . - ']- - � -'"r 11 �4u/.-tl .. i - ��'i1•'�. - _.. _ _ - 1y•.:.._ .l .. •1.,i':%al'.1 - ..... _. sa tr , $567.16 $1 1 :_;':7 1 1.. 6 J ;i 76 .r.-... ' 1 , � . -r aP:; 7 = - �•`�E>o.�••' �.�.o .il ��, S�rc3. 7i4 ::.t y t�(7£'a. X41.Z4,846.49 -1>`.:, l;�t.. . 27 ze ...a 1. $180, 73 $327.86 $474. 98 $631 .27 $780.53 192917 3$965.91 2 - $31,104 �,��SS.:1.8- $1,159= ,�� ry,.i ..l (,)„ 'i• 30 �1 -'4"�'?'1 ':_! � -4g«(') - •7:'[� kl: `:'v6, r-{rr .L' I. -f7 i3 Q. "h $2,101.96 a, v 4 *57W61 #'i I09 7.1 •�.J-647 8 -jZj7.6U 4412M -11,00M.15_ 6 2 W63,17 1, $1,022.2/ . 1 _ . , , v ,• ]5 6 3 +'t-,1'I'.C,t:! $1,005.4s si,4 1. -b,L $2,003.51 $2,';1:.-..n ". `\.`�y FAL. �. �4, 'i,•i I_'j��" � / Cider <�, .��� �<�`"C-�1�lv'(i✓L"'"" ,`'.t�v'-L�� % SKY-- coZt.L2'"`1'-'"�-z"6&, 7 M E M 0 R A N D U M TO : honorabl e Mayor and Mernbm of the City Council FROM: Assistant City Manager DATE : January 6, 1988 S U B J : Refuse Rates Yesterday Mayor Olson asked for the following information.. What would the rates be if the City reduced its franchise fee to 4% and Sanitary City Inc.'s "Prof -it" to 6%. The following information answers that question. 4% Franchise Fee 12% Profit Residential - 4.2% 6.70 I s t can 4.20 additional can Commercial - 4.1% Franchise Fee IQ% Profit Residential - 5.4% Commercial - 5.3% 6.63 lst can 4.13 additional can 4% Franchise Fee 8% Profit Residenti a _ 6.7 Commercial - 6.5% 6.55 Ist can 4.05 additional°can, _ 4%'Franchise Fee 6% Profit Residential -' 7:9%. Commercial - 7.6% 6.47 1st can '3.93 additional can Attachment cc: Dave Vaccarezza COUNC306 In 7+ REVENUE NEEDED .24 r 7a ':: DINS, SPECIALS AND G244,486 FES x ?�h'I\1 T At COMMERCIAL 77 OTHER REVENOE a r IJIFE:.'CT`CHARGE'S ,:#:4,":iS9S91. :}>'Lic'+y4t;j. F'f;C?I''I F)C.FIF:DtJLE�S =k 1 (;:.. 5 iL::I••.l 1 3q a LABOR $71.1 a 416 I. a1F3. .I .. '� ,a :°,-.;- u • . .. D, ...-, , <f SWgF :,LALtQfi 30 ibC i x67, :ai — 1,X26^ ;l�l1 kU , r(� T (-)L cosTs 4C) 91 ,5 •{309, 154 r' 9 : OTHER.'.:-, nt. 2 $87 79 a _T>320 E,. 0 10 ADMINISTRATION.'! (f1.:90?1u.'c3) - 36 NET • I- COS ` '.•..., _ •�� J. / ('l S:1•f� f 1 r:r �..� � �T TOTAL. COS -1-S .� i %'rg c:, :4 _ • "f �: % ' . (;:..::� .I. y..�'� , .. , 13 M _ it �:.�'rW:A'-�.u.1. ,1,.F';' 3 'Y'�?»,4 .r-ar ,.: j.. ...A:� V��%.. �s t ti 1" J. f '4 t 143"•••�rd. v:•:i. t yi, ...s. 7 �.;,'cv . t . G_ c '? -- c.. �? :• 9':,9I�: 15 � � , r 39 39 1a TRANSFER. STATION 4 �» ^/ ;; `;4. H/, r w �+ 17 ; i"" " I•NCREFaSE 6dI7f"F-lOLY'i .::'7.4% 18 < ;.• DlaP FEES ?�:3 - zl =086E r` 19 70' i Ct7ST 3 QF{: flPE;rti`AT I ON *' n y 4 % ) :{: ` 1 1 cr 'ia�3 ,��6 _ , , 77 FRANCHISE= Fief; B. 00%:t,< $153,506 :V271 '.F�a� 73 � 7+ REVENUE NEEDED .24 r 7a ':: DINS, SPECIALS AND G244,486 3:41_ _,'.:94 77 OTHER REVENOE ® 75R F'f;C?I''I F)C.FIF:DtJLE�S =k 1 (;:.. 5 iL::I••.l 1 3q _... •s..', y , .'.',::..1 • . .. D, ...-, 30 •.i.. - J1 , r(� T (-)L cosTs # 1. 'f71 :: y t j+' 32 Ni rY a UMF':.Ff~E „?.t,', ..f s," (t'ic3 'E31?. (f1.:90?1u.'c3) - 36 NET • I- COS ` '.•..., _ •�� J. / ('l S:1•f� f 1 r:r �..� � �T �;�ra r� :a� �.:'' f_)'C4 a: .� q .•.. y .:. .I. y..�'� , .. , M _ 37 PRESENT REVENUES' 4. L 9 B ,801 391U, 171'._-k:r_'., 9':,9I�: 3e � � , 39 39 r r `•':r TOTAL -INCREASE • ' 4 �» ^/ ;; `;4. H/, 47. f3"l. J w i"" " I•NCREFaSE 6dI7f"F-lOLY'i .::'7.4% ------ ----- -- — --- -- -------- Ja rr wwovo V4 COST OF REFUSE OPERATIONI-3 ............. lot! -ri Ai ATOTAL S E1,q �4- 150 i , ono =00,40'3 $3,119,2SS Q0 22 yQfRApQH-1 511> FEVZ A 417 ffj 19 5 1.. 3:54,020 At jQREVENUE NEEDED 11,351,490 $5.249.250 2a S+TI�Ia SPECIALS AW 0157, 808 -.3-:244,4W QYT OTHER REV94UE WEDULES i"R 0 M $1,740,960. COSTS 32 ,jyy Q, mwo; 12SYv 33f§gLESSWUMFYFEEY'--: 34 mj�>ET COST. $1,6SO,407 $1,160,362 9� $40292 ($408,489) $2,S40,770 An-PRESENO REV Bol""" $91D 171A 293 v ,972 41.6% qT0;VXNC0EApE VIP 41 NCREASY y ITHOUT 27.5% 23.S% ADM I N I STRAT I ON Volk L. 0�,.EQRWVCHAhC', 4; `,£3,G:;91. W 493,431 own, 3yz 1 "boo ts $106.982 - H?; :iWOUIPME �: , w$262 160yQ Q67j331 $529,511 "T1 T -- , - , , -� I."' �,*,;�� 811 'I, to (�g 1.: v $309;154, MOM, WAG^ QNS01J87 _ .799 *320fain 0 :0 . �4- 150 i , ono =00,40'3 $3,119,2SS Q0 22 yQfRApQH-1 511> FEVZ A 417 ffj 19 5 1.. 3:54,020 At jQREVENUE NEEDED 11,351,490 $5.249.250 2a S+TI�Ia SPECIALS AW 0157, 808 -.3-:244,4W QYT OTHER REV94UE WEDULES i"R 0 M $1,740,960. COSTS 32 ,jyy Q, mwo; 12SYv 33f§gLESSWUMFYFEEY'--: 34 mj�>ET COST. $1,6SO,407 $1,160,362 9� $40292 ($408,489) $2,S40,770 An-PRESENO REV Bol""" $91D 171A 293 v ,972 41.6% qT0;VXNC0EApE VIP 41 NCREASY y ITHOUT 27.5% 23.S% ADM I N I STRAT I ON Volk L. i' COSTS W 493,431 $779.604 1 "boo ts - H?; R OFU0 ..... ........ . . . . . . . . . . . . . . . . . . . . . . . . . . . TRANSF`77 $267,S14 $2:- 15 all17 DUMP FEES $21S,361 19 20 OP EKAT I Omwv is �4- 150 i , ono =00,40'3 $3,119,2SS Q0 22 yQfRApQH-1 511> FEVZ A 417 ffj 19 5 1.. 3:54,020 At jQREVENUE NEEDED 11,351,490 $5.249.250 2a S+TI�Ia SPECIALS AW 0157, 808 -.3-:244,4W QYT OTHER REV94UE WEDULES i"R 0 M $1,740,960. COSTS 32 ,jyy Q, mwo; 12SYv 33f§gLESSWUMFYFEEY'--: 34 mj�>ET COST. $1,6SO,407 $1,160,362 9� $40292 ($408,489) $2,S40,770 An-PRESENO REV Bol""" $91D 171A 293 v ,972 41.6% qT0;VXNC0EApE VIP 41 NCREASY y ITHOUT 27.5% 23.S% 01 C 'OST OF REFUSE OPERAYMNS `WCOMMERCIAL' TOTAL WOQ r635,:. r17W-:� $529,511 $309,154 $320.600 17 top lit CC ST TION 1798 119AjIly "P00, WS 3, 0 7 7, W fERANUNISEAFRE on U C :$74 95& $128,326) OTHER REVENUE"" :00 WROM SCHEDULES: $1,0S9,762 12,005,060 32 Wo LE lot oil 38 39 To -mi -- ::I:_2_7,,60 i $157184.3 .. 20 COST ' OF . COPE RAT I C1N � 1 � ! 7`:, �'t:)E3t) r 1. 7 'x265 :j2t:36::k _;, c;l�.cj � :67 z, 73 962, Vt-52 -720 U ,C. :,REVENUE hic.EIJED 1"1'23 4�i3O 4::'. -#:.I.:'` i. c;.t")t`)r TNa,'.SPECaIAI._S:.AIVr7 1157g4308:' :a..:/4}y406 r ,:OTHER. : REVENUE 1 1 i:�(j EC:I IL_:DUL..E. 3 1. ,!�';r 1 , ::_`':• 4 I::I. :.);' .. i >o ' LESS BUMP : FEE - 34 E' F " (3-2 1F.3; 36 1. 32 :I. 'E3) ,; r` ,a I\II '1' C,os"r4:1, z6 S0, 6'3:1. I :I.::i:::.:', s PULa1�vfi'aO1 a 4: 1, 171 U. „ I taTAl_ •I{VC�hASE. ,r t' {J1�'1` OF t 6tG r 1.�;:.)I.. C:?E:'I:.Lf' A-r-1(JISE:) C - .,°... SxDFNTTA{_:' r DCII II U_E1(.,.Cr�l... " s ra1.1"\F.0 1- (:HARGE S 4°589cirl 41.ic),4k3a 4. 1, }1t_ J,.. �:if I(► 1iUfi $26'2 ;160 EUTF^hiENTit5ti"3,lfa :lL}c)�yt�1 qb G 799 10 F3S) t°I T IU I tii I R wr 1'. Cl N_ .., JC)TAL COSTS,.. 193, 4— :4'/:%Cr,:)'} 13 _ f7'€�'"ra'%f ' t',2f' $'2r%{ {—' c •�, •�...- Kr ,!.tro.';.I.�.I�;ri..f-` 3,".e�. i .� ,t..� �'�gg..1 �":47r4.�• { :��f.�., ,-�•�fl�-.... 15 ,.. :-. '\F^ - El." ..:) I -i 417T••v .a_f�) � , 1:3 .L ��• .1>.,.� .. _. , .L �'�%:) 17 2:I. iia 61. " is i. `; To -mi -- ::I:_2_7,,60 i $157184.3 .. 20 COST ' OF . COPE RAT I C1N � 1 � ! 7`:, �'t:)E3t) r 1. 7 'x265 :j2t:36::k _;, c;l�.cj � :67 z, 73 962, Vt-52 -720 U ,C. :,REVENUE hic.EIJED 1"1'23 4�i3O 4::'. -#:.I.:'` i. c;.t")t`)r TNa,'.SPECaIAI._S:.AIVr7 1157g4308:' :a..:/4}y406 r ,:OTHER. : REVENUE 1 1 i:�(j EC:I IL_:DUL..E. 3 1. ,!�';r 1 , ::_`':• 4 I::I. :.);' .. i >o ' LESS BUMP : FEE - 34 E' F " (3-2 1F.3; 36 1. 32 :I. 'E3) ,; r` ,a I\II '1' C,os"r4:1, z6 S0, 6'3:1. I :I.::i:::.:', s PULa1�vfi'aO1 a 4: 1, 171 U. „ I taTAl_ •I{VC�hASE. . .. ........ . --------- -- ----- --ICF1 C p -- (:;, (-, -1 - 1. (-, roll ENTI: AL' T(T I C' HAI-V"IF-S # 4 `.;C 891., L A 13 CJ R .X)9-1 1.54 10 4:2 7 147,0 -.Ir 2 67 51 E Q U I PM EN T 5 E3 242 RF*VE 'lllc lhilf.- 4 6` 17 9 76' r zr- 2 3 2ry -VE17 '799 L, Y� M r 1\11 '-FM1q.1V1- T 1% -$ 137 W.) '16 4S .X)9-1 1.54 17 [..7 is 1. 6 1. .1. 9 1. C), 19 2 q. 1. 4 9 694 D 0FJ,'0PERA7F-I ON q 77 Mi 10 242 RF*VE 'lllc lhilf.- 4 6` 17 9 76' -f0-l" iL, COST5 26 J-1 TMS' S F, E7. C I A L 9 AND -$ 137 W.) '16 4S 0 1ER REVENIUE 1- 4 6-7� 7 76`-;-� 8 382 J M SCHEI)l..Ji.:k ii 3. 1:, 66)6 7 37 1. /Y T -Y 1, 11q. 7 1 17 [..7 is 1. 6 1. .1. 9 1. C), 19 2 q. 1. 4 9 694 D 0FJ,'0PERA7F-I ON q 77 Mi 242 RF*VE 'lllc lhilf.- 4 6` 17 9 76' 26 J-1 TMS' S F, E7. C I A L 9 AND -$ 137 W.) '16 4S 0 1ER REVENIUE J M SCHEI)l..Ji.:k ii 3. 1:, 66)6 7 37 1. /Y T -Y 30 31 , TA L • cOs T s 24 '.1,79. ­ 1; 1 3 a2 f 33 -;r ;FEE L 8 6 J.,, :1 2e) 35 N E COS T :V. 1 s 6(-')5 818 37 PRESEF �FRE�VENU ES:.. V1 C) 1 -7 J. - 39 -INCRE 4 0% ."TOTAL: I 1',1CREASE' V) 11110 UT 6. HEALTH AND SAFETY CODE I HEALTH AND SAFETY CODE § 5471 etion upon order of health officer or f hen sanitary district, or other district haying ig served written notice upon the owner rase, and such owner or reputed owner t such dwelling house, together with all i, and in a sanitary manner. with the ble cost, and the person doing said work a lien upon said real estate for his work Mals furnished shall be held to hare been owner, or person claiming or having any any part of the cost or price of such aerials, or equipment far the same, and. said connection, it shall succeed to and such person or persons against the real ovided for in this section, the governing tion to the public sewer nay, by order sts of such work and the administrative roceedings, together with other charges body for the connection of the premises and tax collector of the public agency, amount of the assessment to the next d. . the same manner as those provided for n 3, of the Civil Code. 3n 5474 for levying the costs incurred fur of the nremiaes to the nublie sewer. 852, p. 1519, § 1, urgency, eff. Sept. 25, ect property to system; lien for work Set within an assessment district for the may request the governing board to the adjoining street public sewer system. k- shall have a liQ%u00%t]AeWrV tt�y f I materials furors e s a e e cd �� F, reputed owner, or person claiming or may. pay- all, or any part. of the cost oi ted labor, materials, or equipment and, to, of the connection, it shall succeed to and :ns against the property and the owner or rovided for in this section, the governing ),n to the public sewer may, by the powe� s of the legislative body, fix the cost o acllities, fix the times 3t which such cost r to the construction and connection or 1r� 1. rate of interest, not to exceed 6 percent fists, and provide that the amount of the espective 10� or pa eels upon which the Library References Municipal Corporations C-712, C.J.S. Municipal Corporations § 1805 ARTICLE 3.5. BONDS Section 5465. Repealed. § 5165. Repealed by Stats.1975, e. 552. p_1125, § 2 The repealed section. added by Stats.1975. c. 552. p 1125. Former 5 5465 was amended by Stats,i971, c. 1593. p_ 2, relating to bond election, was repealed by tort-- cf its 3252, y 191; Stats.1973, c, 1091, P. ?221, § 1, and was own terms on Jan. t, 1977. rercalcd by Stats.1975, c. 552, p. 1125. g t. ARTICLE 4. SANITATION AND SEWERAGE SYSTEMS I ection 5472. Payment of fees, rates. etc., under protest; action to recover after refusal of refund; lays governing. 5372.5. Collection of rages with rates of other utilities. § 5470. Definitions The following words wherever used in this article shall be construed as defined in this section, unless from the context a different meaning is intended, or unless a different meaning is specifically defined and more particularly directed to the use of such words: (a) Assessment Roll. "Assessment roll' refers to the assessment roll upon which general taxes of the entity are collected. (b) Auditor. "Auditor" means the financial officer of the entity. (c) Clerk. "Clerk" means the official clerk or secretary of the entitv. (d) Chambers. "Chambers" refers to the place where the regular meetings of the legislative body of the entity are held. (e) Entity. "Entity" means and includes counties, cities and counties, cities, sanitary districts, county sanitation districts, sewer maintenance districts, and other public corporations and districts authorized to acquire, construct„ maintain and operate sanitary sewers and seweraze systems. (f) Rates or Charges. "Rates or charges" shall mean fees, tolls, res. rentals or other charges for services and facilities furnished by an entity in connection with its sanitation or sewerage systerm, including garbage and refuse collection. (g) Reai 1br6e. "Real estate" includes: (1) The possession of, claim to, ownership of, or right to possession of land; and (2) Improvements on land. (h) r!c'K Collector. "Tax collector" means the officer who collects general. taxes for the entity. The amendment of this section made by the 1972 Regular Session of the Legislature does not constitute a change 1n, but is declaratory of. the preexisting Is ' (Amended by Stats.1972, c. 100, p. 138, § 1.) § 5471. Power t o prescribe and collect fees. tolls, rates, rentals or other charges; use of revenues Any entity shall have power, by an ordinance approved by a two-thirds vote of the members of the legislative body thereof, to prescribe, revise and collect, fees, tolls, rates rent -is. or other charges, Section 5474 to implement the levying o including sewer standby or immediate availability chargess or services and facilities furnished by it, yes to the public sewer. either within or without its territorial limits, in connection with its sanitation or sewerage .. . •pt. 25, 1973..) � provided, that the entity may provide that such charge Eorsuch service shall be collected with the rates. tolls and charges for any other utility, and that any or all such charges may be billed changes or additions by amendment .. - Asterisks.` • • Indicate dektions by amendment 21 :4 Wd186t Z 'WoJ7e3 V6C s](S!lals� PInW aa!Aaas Jo uonragduu (jI laaauaS al '1 lalaQ '£'utS § qS dq papuatuV) ! 019 uo sdsui 10 Ml Pus anuai►an adold lsal aqy 'sa$lcga 10 01 anllsulal(n IV Slamod alLT - : aql q -pasqa q ur pal;! s st IS 1101:X51 aql uo, aauEuiploud uO3 ul painduzoa ganS 2utataaal pall_ pus asaA 'mo -l; Alalsladas lwss agi u! 3101 slaquzaw alp jo s Sq 'Asuz 5'07199 g:n dl!lua durst .. iaa1103 .'ELY9 § laquznua-a £ § L('9 §-AllaumJ) s killm saglazol . lsyl ap!Aold ;o ualalaslp ,Pao;) pus stuaal P 1sg1. ;o glyA 10 'alUOa _ v to luawllsdap s1agj.... ]1103 '9'ZLtS § i Jami Su!S!M s•Alp J srm udojaAaQ faunas ul 'I 'IZZ § '6L9Z :LK § paugwnuai Aq popwwe 'Z § ZLts § JagjouV uongls'& l 186I 114$ Aq paPPV) -aloeailddc :.:rd 'q lalaugo °Pt+oid 1auuEul ulAEd un;aa now pie A-1113.10 ;v IfElvax luatupuawe Aq suollippe to sa6ucga soleolpul eulliapu() Alla agl lsuls8s uollas un 9uuq pun asalold lapun saE.mq:) laglo to sislual 'silos 'sales 'Saa; Bans Asd Attu uoslad :Cue 'alallls slgl of luenslnd pax!; ass saginga laglo to slejual 'salol 'salol 'saa; lagjV A>,ai :punjai 3o iusn;al jaUu xanoaai m uoilan :lsagold lapun''ala'salsl ;sac;;q lnaulAsl -ZL . § t8 Ot-1 T I -wrJ - ]std camas jrd!a!anlnl uodawl Jo Air) w-,.uAog •pganu! lnysdo L9 'luejd ]uounewl xim-A21srm a Jo uoisucdxa Jam saaiaw Jo aagtunu awns gun sjayto uegl warn le!aiaw r_uauq o] Awnoa a Aq pans! spin muaAai Jo ]uawuuas -wow aoJ sale) wnwtu!w ug2iq paxtJ ga!gm sam uIvAl aq] JO) 2ftga Aug uo3J uogaxuogjna aAtselz!8aI =.:dxa Jo aawsga aq] ut 'Idwaxa s! a!uioj!taJ Jo aids aqi -PI •aauatapio Jo uonnlos» tagi!a ;o sttleaw Aq Anfvd!a!uni!u Aq las xl plum aa!AJas sateen auoijdwaicg 't pug Jamas aoJ -i-q. tS£1,5 § -D•-q Jo-!I-!Idw! 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Jas 10 A1L'liuus pllE Erccais.ls Xnrit Bans ;O uoponimwa1 10 uoilamnsuoa aq- so; panst spuoq uo lsalalu! pur jediDu::d Srdw 04 'sa11!lba'3 aovlzras to uorlsltuvs pus SwalSAS lalum, jo uOljrlado Pur aaurualuinw 'U: ).:tnllsuoaa: 'uonznllsuoa 'uoll_:slnbaa at, l so; tluo pasn aq Ilsys 'uenaas stul u! suol gAwd au. 1anun pay.a_, saraa_ OZI :i;grin lagjo Kum 1o; sa2rlauo au1 u1ur. sa2avga a2ela.,:as iO uo MtuEs c: loiaci pau:z:go aq Ilvgs 9aua2u to :uaunlzdap :tans ;o luasuoa am 'jw uoa astalaxa lou sax) ap:•q a a2.gs;!;a! sit Zp!gt.t 12:0 Put! (ll;ua yaws ;o Aaua v ao luawl-ivaap v Aq pagsulni a�ivas +1l,a^.•.-- 10; sa lzua air. uliet Paizailoa aq of si a: lvga Bans alagAt lrgi .iaglln; papiAold :tl!q au v a,:l item L41&):� Ass$`s'i tkV H ixr3:+ HEALTH A" SAFETY CODE. :tion upon order of health officer or f lien sanitary district, or other district having g served written notice upon the owner use, and such owner or reputed owner, t such dwelling home. together witn ail 1, and in a sanitary manner, with the ble cost, and the person doing said work a lien upon said real estate for his work als furnished shall be held to hare been owner, or person claiming or navmg any my part of the cost or price of such terials, or equipment for the same, and said connection, it shall succeed to an� such person or persons against the real ovided for In this section, the governing -ion to the public sewer may, by order Sts of such work and the administrative •oceedings, together with other charges body for the connection of the premises and tax collector of the public agency, ,mount of the assessment to the next 3. the same manner as those provided for n 3, of the Civil Code. m 5474 for levvimr the costs incurred for 352, p. 1519, § 1, urgency, eff. Sept. 25 cct property to system; lien for worn ied within an assessment district for the may request the governing board to ;he adjoining streetpublie sewer system. c shall have a lien upon the property, for ! materials furnished shall be deemed to r; reputed owner, or person claiming or may pay all, or any part, of the cost or led labor, materials, or equipment and, to of the connection, it shall succeed to and ns against the property and the owner or rovided for in this section, the governing in to the public sewer may, by :he power of the legislative body, fix the cost of aeilities, fix the times at which such costs r to the construction and connection or in t rats of interest, not to exceed 6 percent _ :sts, and provide that the amount of the !spective lots or parcels upon which the Section 5474 to implement the levying of ;es to the public sewer. pt. 25, 1973.) changes cr.a.dditlons by amendment HEALTH AND SAFETY CODE Library References Municipal Corporations e-712. C.J.S.Municipal Corporations § 1805. ARTICLE 3.5. BONDS Section 5=65. Repealed. § 5471 § 5365. Repealed by Stats.1975, c. 552, p. 1125. § 2 The repealed se -mon. added by Stats.I975. c. 552, p. 1125, Former § 5465 was amended by Stats.1971, c 1593, P. 2. relating to bond election, was repealed by force of Its 3282, § I91; Stau.1973, c 1091, p. 2221. § I. a^.d was own terms on Jan. 1, 1977. repealed by Stau,1975, c. 552, p. 1125, § 1. ARTICLE 4. SANITATION AND SEWERAGE SYSTEMS Section 5472. Payment of fees, rates, etc., under protest; action to recover after refusal of refund; law governing. 54i2.5. Collection of rates with rates of other utilities. § 5470. Definitions The following words wherever used in this article shall be construed as defined in this section, unless f=m the context a different meaning is intended, or unless a different meaning is specifically defined and more particularly directed to the use of such words: ;r (a) Assessment Roll. "Assessment roll" refers to the assessment roll upon which general taxes of the entity are collected. (b) Auditor. "Auditor" means the financial officer of the entity. (c) Clerk. "Clerk" means the official clerk or secretary of the entity. (d) Chambers. "Chambers" refers to the place where the regular meetings of the legislative body of the entity are held. (e) Entity. "Entity" means and includes counties, cities and counties, cities, sanitary districts, county sanitation districts, sewer maintenance districts, and other public corporations and disuiets authorized to acquire, construct. maintain and operate sanitary sewers and sewerage systems. (f) Rates or Charges. "Rates or charges" shall mean fees, tolls, rates, rentals or other charges for services and facilities furnished by an entityin connection with it -4 sanitation or sewerage system, including garbage and refuse collection, (g) Real Fbi-abe. "Real estate" includes: (1) The possession of, claim tr),ownership of, or right to possession of land; and (2) Improvements on land. (h) Tax Collector. "Tax collector" means the officer who collects general table for the entity. The amendment of this section made by the 1972 Regular Session of the Legislature does not constitute a_change In, but is declaratory of, the preexisting law,- (Amended aw;(Amended by Stats. 1972, c. 100, p. 138, § 1.) § 5471. Powerto prescribe and collect fess. tolls. rates, rentals or other charges: use of revenues Any entity shall have power, by an ordinance approved by a two-thirds vote of the members of the legislative body thereof, to prescribe, revise and coJJr4 fees 1, rates ren-t-Ils, or other charges, including sewer standby or immediate availability e_harges`� Ior services and facilities furnished by it, either within or withcut its territorial limits, in connection with its sanitation or sewerage system; provided, that the entity may provide that such charge for such service shalt be collected with the rates, toils and charges for any other utility, and tl at any or all such charges may be billed Asterisks • •. • Indicate deletions by amendment "..21 `4 -11EAl✓TH AND SAFETY '":DF, upon L^w same bill; provided f ether, that where such charge is to be collected with the charges fo .; y alter utility service furni hod by a department or agency of such entity and over -i"", iet;ialati:c body does not exerci e control, the consent of such department or agency shall be obtained r to catiectinl' saritat!on of se:verage charges with the charges for any other utility. P.ev hues craved under the provisions in this section, shall be used only for the acquisition, construction, reconstructic n, maintenance and operation of water systems and sanitation or sewerage facilities, to repay principal and interest on bonds issued for the construction or reconstrilc6on of such tvaccr systems and sanitary or sewerage facilities 2nd to repay federal or state loans or advances made to such entity for the constriction or reconstruction of water systems and sanitary or sewerage facilities; provided, however, that such revenue shall not be used for the acquisition or construction of new local street sewers or laterais as distinguished from main trunk, '. nterceptor 2nd outfall sewers. (Amended by Stats.I973, c. 545, p_ 1048, § 4.) HF.ALT11 AN or city and tour refunc. Payme manner Provide Chapter 5, part applicable. - (added by Stag 1931 Legislation. Another § 5472, . § 2, amended by renumbered § 3472 2679. 6 2')t United States Supreme Court No. 1 (1972) 141 Cal.Rptr. 409.28 C,A,3d 91. 61 A.L.R3d 1228. 1. la general Municipal provision of sewage services, state policy to Dcveloper was n displace competition with regulation. sce Town of Hallie v. Sewer use rates. which were based on clas+iilcations of city's raising sewer City of Eau Claire. 1985, 105 S.Ct. 1713, S5 L.Ed.2d 24. properties according to use, number and type of Fixtures, Notes of Decisions Construction with other laps 2 Due process 3 Exemptions 4 Y 1. Construction and application Governmct;t Code § 34992 providing that any action by a local agency to levy a new fee or service charge or to approve an increase in existing fee or service charge shall be taken only by ordinance or resolution docs cot provide authority for public entity already bound by statutory (see this section and Government Code § 61621.5) requirements to adopt ice increases by ordinance, to ignore such limits - tions and adopt increases by resolution. Cavalier Acres Inc. v. San Simeon Acres Community Services Dist. (App. 2 Dist. M4) 199 Cal,Rptr. 4, 151 C.A.M 798. This section required that scwcr connection fees be estab- lished by ordinance, and resolution purportedly increasing saver connection fees was not authonzed either under Gov.C. 36934 or under city's police power. Pinewood Investors v, City of Oxnard (1932) 184 Cal.Rptr. 417, 133 C.A. 1030. Under principle that general provision is controlled by special one, latter being treated as exception to § 5471 would be construed as providing, inter alfa; method for setting and revising scwcr services rata where local entity is not proceeding under specific revenue bond or improvement statute. Kennedy v. City of Ukiah (1977) 138 Cat.Rptr. 207, 69 CA 3d 545. By implication of Guv,C. § 54354 charges for sewer and water service could be set by municipality by means of either resolution or ordinance, Id Water rates which fixed higher minimum rates for com- merrai users than others with same number of meters were invalid Bo nton v City of Lakeport Municipal Sewer Dist, or discrimmatory. ld. using tixtntp were not unreasonable Initiative process is riot available to amend portion of municipal ordinance which provides that city council shall determine manner offixing charges, a taxationfunetion, for connection and use of scwcr facilities. Dare . Lakeport City Council (1970) 91 Cal.Rpir. 124, 12 C,A.3d 964. Z. Construction with other laws Developer did not voluntarily waive right to refund of increase in scwcr connection (cc by building project and by not ticking any expedited romcciy pursuant to Subdivision Map Act (Gov.C. § 66}10 ct seq.) to conpelcity to act in allegedly proper manner where developer followed methal proscrilxd by this section. Pinewood Investors v, City of Oxnard (1982) 184 Cal.Rptr, 417, 133 C.A. 1030, Sanitation and flood control district ordinance which established per bed scwcr connection Pet for convalescent hospitals did not exceed the district's powers since the district was empowered by special act to ncquirc or con- struct property necessary to carry out provisions of the act and to prescribe and collect charges for services or facilities furnished by the district and therefore was not restricted by general taw (this section) prohibiting expenditures for acqui- sition and construction of local sewers orlaterals and rNuir^ ing that fees be charged only in exchange for services rendered to the public. English Manor Coy. v Vallejo Sanitation and Flood Control Dist. (1-- 315, 1" 315, 42 C.A_3d 996. '3. Due process . Where municipal resolution did not declare delinqueit charges for sewer or water services to be a lien, it was unnecessary for city council to give notice and provide hearing. Kennedy v City of Ukiah (1977) 138 Cal.Rptr. 207. 69 C.A-3d 545, 4. Exemptions The state of California is exempt, in the absence of express legislative authorization. from any charge for the retirement of revenue bonds issued by a county to Finance _ expansion of a wastewater treatment plant. 67 Ops.Atty, Y Gen. 13, 1-1044. § 5472. Payment bf fees; rates, etc.; under protest; action to recover after refusal of refund; law governing After fees, rates, tolls, rentals or other charges are fixed pursuant to this article, any perscn may pay such fees, rates, toils, rentals or other charges under prr.,test and bring an action against ll:., City Underline indicate:! changes or additions by amendment 22 § 5472.5. Colli The ra: department or a control, or with of ' ' ' that d terms and Gond: discretion of provide that ' together with, a (Formerly § 547 § 3. Renumber § 5473. Colley Any entity wY. 6520.5 may, by 1 of the members roll in the sam, separably from year' and tiled receiving such; computed in cot Any ordinance on the tax roll s is specified in t coed by -Eh The powers a alternative to c charges, The real prop Revenue and T2 or maps on Me (Amended by S! § 5473.3. Dete 1. in reoeraL BY implication o water service couh Asterisks • a 394 Cat Code -2 1967 P.P. HEALTH AND SAFETY COVE cyton upon c -der of health officer er f lien sanitary district, or other district hay.ng g served written nonce upon the owner )use, and such owner or reputed owner, L such daeiling house, together wit." ail 1, and in a sanitary- manner. with the hie cost, and the person doing said work a lien upon said real estate for his wrorK -ials iurnished shall be held to have been owner, or person claiming or having anv any part of the cost or price of such Aerials, or equipment for the same, and, said connection, it shall succeed ro and such person cr persons against the real ovided for in this section. the governing tion to the public sewer may, by order sts of such work and the administrative roceedings, together with other charges body for the connection of the premises } and tax collector of the public agency. a amount of the assessment to the nest d. the same manner as those provided for n 3, of the Civil Code. m 5474 for levyinz the costs incurre&kr of the premises to the public sewer. 852, p. 1519, § 1, urgency, eff. Sept. 25, ect property to system; lien for work fed within an assessment district for the may request the governing board to the adjoining street public sewer system. shall have a lien upon the property, for I materials furnished shall be deemed to r, reputed owner, or person claiming or may pay ail, or any part, of the cost or ied labor, materials, or equipment and, to of the connection, it shall succeed to and ns against the property and the owner or rovided for in this section, the governing v an tt the public sewer may, by the power i of the legislative body, fix the cost of 'acilitiesi fix the times at which such costs •r to the construction and connection or in > rate of interest. not to exceed 6 nercent HEALTH AND SAFETY CODE Ubrary References Municipal Corporations 6=+712. CJ.S. Municipal Corporations§ 1805. ARTICLE 3.5. BONDS Section 5-465. Repealed. § 5465. Repealed by Stats.1975, c. 552. p. 1125, § 2 $5471 ` The repealed scriott, added by Stats.1975. e. 552, p. !125, Former § 5463 was amended by Stats.1971, c. 1593, p. y 2. relating to bond election, was repealed by force of its 3252, § 191; Stats 1973. c. 1091, p. 2221, § 1, and was own terms on Jan. 1, 1977- repealed by Stats. 1975, c. 552. p. 1125, § 1. ARTICLE 4. SANITATION AND SEWERAGE SYSTEMS Section 5572. Payment of fees, rates, etc., under protest; action to recover after refusal of refund; law governing. 5472.5. Collection of rates with rates of other utilities. § 5470. Definitions The following words wherever used in this article shall be construed as defined in this section, unless from the context a different meaning is intended, or unless a different meaning is specifically defined and more particularly directed to the use of such words: tr (a) Assessment Roll. "Assessment mil' refers to the assessment roll upon which general taxes of the entity are collected. (b) Auditor. "Auditor" means the financial officer of the entity. (c) Clerk. "Clerk" means the official clerk or secretary of the entity. (d) Chambers. "Chambers" refers to the place where the regular meetings of the legislative body of the entity are held. (e) Entity. "Entity" means and includes counties, cities and counties, cities, sanitary districts, county sanitation districts; sewer maintenance districts. and other public corporations and districts authorized to acquire, construct, maintain and operate sanitary sewers and sewerage systems. (f) Rates or Charges. "Rates or charges" shall mean fees, tolls, rates, rentals or other charges for services and facilities furnished by an entity in connection with its sanitation or sewerage systems, including garbage and refuse collection. (g) Real Estate. "Real estate" includes: (1) The possession of, claim to, owner:.hip of, or right to possession of land; and (2) Improvements on land. {h) Tax Collector. `Tax collector" means the officer who collects general taxes for the entity. The amendment of this section made by the 1972 Regular Session of the Legislature does not constitute a change in, but is declaratory of, the preexisting law. -- (Amended by Stats.1972, c. 100, p. 138, § 1.) gfPA•1tY14T• T t'4[L t t f L yr k1•;F 5 Z tfGf : +< { {''-. Y. ,,11 � ... 7 5 `r:'FI :1 t t S� y { k1 ,13..7`; v .� ■ • •-i--•�v juall7puawE Aq suug1ppu ao saoumla Edjt:vipuj oVil�"N`�11 ' ynoa aDt.ux Tatem Alla agl 1SUIE2E u011nE ut 8uiaq puE 1salOjd xapun sg2.Ir :).1at(10 t0 91mal.'91101 ,sequa �'saa; tans AEd 'o UopEDtldwl Ag dem UOSjad AuE 'a[ai11E Slyl Ol luensind painj aa I: S0a`ijuga aagj0 j0 stelual 'St101 lsegej 'saa; I;njv tuawSl 131 'I' • .,, AUI 4f( 'Lib 'tjdllleJ 481 (2961? WEuxp }0 AID *A s oisOnul 2UTUtaA08 ' S201AIM JoJ a9ucyaxa u! 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Joj saXJaga ay; y11m palaal1w aq 0: st a;�jrya tans ajagAt 1ry1 'jayzanj pap!Aoad !11!q awes at;J ucmr 11. JP t ' HEALTH AND SAFETY CODE :tion upon order of health officer or C Lien sanitary district, or other district havaig :g served written notice upon the owner use, and such owner or reputed owner, t such dwelling house, together with aiI ?. 2nd in a sanitary manner, with the ale cost, acd the person doing said wor" a lien upon said real estate for his work ials furnished shall be held to have been owner. or person claiming or having any :ny part of the cost or price of such terials, or equipment for the same, and. said connection, it shall succeA to and such person or persons against the real ovided for in this section, the governing iion to the public sewer may, by order Sts of such work and the administrative •oceedings, together wV! other charges body for the connection of the premises and tax collector of the public agency, amount of the assessment to the next d. the same manner as those provided for :1 3, of the Civil Code. >n 5474 for levying the costs incurred for of the Rremises to the tnihli_ s� ewer - 852, p. 1519,§ I, urgency, eff. Sept. 25, eet property to system; lien for work Ied within an assessment district for the . , may request the governing board to :he adjoining street public sewer system. shall have a lien upon the property, for materials iurnished shall be deemed to r, reputed owner, or person claiming or, may pay all, or any part, of the cost or ' .ed labor, materials, or equipment and, to of the connection, it shall succeed to and ns against the property and the owner or , rovided for in this section, the governing m to the public sewer may, by the power. , of the legislative body, fix the cost of icilities, fix the times at which such costs HEALTH AND SAFETY CODE library References Municipal Corporations 6=712. C.J.S. Municipal Corporations § 1305. ARTICLE 3.5. BO D3 Section 5465. Repealed. § 5465. Repealed by Stats.1975, c. 552, p. 1125, § 2 § 5471 The repealed section, added by Sats 1975. c. 552, p. 1125, Former § 5465 was amended by Stats. 1971, c. 1593, P. § 2. relating to bond election, was repealed by force o: its 3252. § 191: Stacs.1973, c. 1091, p. 2221, § 1, and was own terms an ,Ian. 1. 1977. repealed by Slats. 1975, c 552. p. 1125, § 1. ARTICLE 4. SANITATION AND SEWERAGE SYSTEMS Section 5472. Payment of fees, rates, etc., under protest; action to recover after refusal of refund; law governing. 5472.5. Collection of rates with rates of other utilities. § 5-470. Definitions The following words wherever used in this article shall be construed as defined in this section, unless from the context a different meaning is intended, or unless a different meaning is specifically defined and more particularly directed to the use of such words: :} (a) Assessment Roll. "Assessment roll" refers to the assessment roll upon which general taxes of the entity are collected. (b) Auditor. "Auditor" means the financial officer of the entity. (c) Clerk. "Clerk" means the official clerk or secretary of the entity. (d) Chambers. "Chambers" refers to the place where the regular meetings of the legislative body of the entity are held. (e) Entity. "Entity" means and includes counties, cities and counties, cities, sanitary districts, county sanitation districts, sewer maintenance districts, and other public corporations and districts authorized to acquire, construct, maintain and operate sanitary sewers and sewerage systems. (f) Rates or Charges. "Rates or charges" shall mean fees, taus, rates, rentals or other eharg-z for services and facilities furnished by an entity in connection with its sanitation or sewerage systems, including garbage and refuse collection. (g) Real Estate. "Real estate" includes: (1) The possession of, claim to, ownership of, or right to possession of land; and (2) Improvements on land. (h) T3K Collector. "Tax collector" means the officer who collects general taxes Cor the entity. The amendment of this section made by the 1972 Regular Session of the IAgislature does not constitute a change in, but is declaratory of, the preexsting law. (.Amended by Stats.1972, c. 100, D. 133, § 1.) r to the construction and connection or in i rate of interest, not to exceed 6 percent sts, and provide that the amount of the § 5471. Power to prescribe and collect fees, tolls. rates. rentals or other charges; use of revenues 3spective lots or parcels upon which the Any entity shall have power, by an ordinance approved by a two-thirds vote of the members of the legislative body thereof toprescribe, revise and collect. fees, tolls, rates entab, or other charges, Sr-.etion 5444 to implement the levying of lrerhztfmg sewer mer or immediate availability eha_ rges— or services and facilities furnished by it, :es to the public sewer. either within or without its territorial limits. in connection with its sanitation or sewerage . pt 25, 1973.) �; provided, that the entity may provide that such charge for such service shall be collected :,;r1, rl,o —+ w.,11� .-A 1--- 4.— -fl— „r;l;r., .-A rl,.r ., .11 --1, h-- -- r... 1.t11..A HEALTH AND SAFET'{ CODE, a - :an lie same bill; provided further, that ,there such charge is to be collected with the charges fur ic.¢ oilier utility service iurp.isned by a deon.rtment or apticy of such entity and Over which. its bodv does not e:cercise controi, the consentof such department or agency shall be obtai.^.ed 2rior to collecting sanitation or sewerage charges with the charges for any other utility. lievenues •:i^rived under the provisions in this section, shall be used only for the acquisition. construction, recon struetinn. maintenance anti operation of water systems and sanitation or sewera.ge facilities, to repay principal and interest on bonds issued for the construction or reconstruction of such water systems and sanitary or sewerage facilities and to repay federal or state loans or advances made to such entity for the construction or reconstruction of water systems and sanitary or sewerage facilities; provided. however. that such revenue shall not be used for the acquisition or construction of neer local street sewers or laterais as distinguished from main trunk, interceptor and outfall sewers. (Ari ended by Stats.1973, c. 545, p. 1048, § 4.) United Stats Supreme Court Municipal provision of svaage seryiocs, state policy to displace competition with regulation. see Total of Hallie v. City of Eau Claire. 1955, 105 S.Ct. 1713. S5 L.Ed.2d 24. Notes of Decisions Construction with other Laws 2 Due process 3 Exemptions 4 Y 1. Construction oral application Government Code S 54992 providing that any action by a local agency to levy a new fee or semce charge or to approve an increase in existing fee or service charge shall be taken only by ordinance or resolution docs not provide authority for public entity already bound by statutory (see this section and Government Code § 61621.5) requirements to adopt fce increases by ordinance, to ignore such limita- dons and adopt increases by resolution, Caval er Anes, !ne, v, San Simeon Acres Community Services Dist. (App. 2 Disr.1984) 199 Cal.Rptr. 4, 151 C.A.3d 798. This section required that sewer connection fees be estab- lished by ordinance. and resolution purportedly increasing sewer connection fees was not aui)torized either under Gov C. 36934 or under city's police power. Pinewood Investors v. City of Oxnard (1982) 184 Cad Rptr. 417. 133 C.A. 1030. No. 1 (1972) 104 Cal.Rptr, 409. 28 C.A.3d 91, 61 A.L. R 3d 1228. Sewer use rates which were based on ciassiticadom of properties according to use, number and type of fixtures. and number of people using fixtures were notun:esssonabte or discriminatory. Id. Initiative process is not available to amend portion of municipal ordinance which providts that city council shall determine manner of fixing chnrges,'a taxation function. for connection and use of sewer facilities. Dare v. Lakeport City Council (1970) 91 Cal.Rptr. 124, 12 C.A.3d 864. 2. Construction with other taws Developer did not voluntarily waive right to refund of incrtase in sewer connection fee by building project nod by not socking any expedited remedy pursuant to Subdivision bfap Act (Gov.C. § 66410 et seq.) to compel city to act in allegedly proper manner where developer followed method pr.-scribcd by this section. Pinewood Investors v. City of Oxnard (1982) 184 Cal.Rptr. 417. 133 C.A. 1030. Sanitation and flood control district ordinance which established per bed sewer connection fee for convalescent hospitals did not cxcctd the district's powers since the district war empowered by special act to acquire or ton- struct property necessary to carry out provisions of the act and to prescribe and collect charges for services or facilities furnished by the district and the, was int restrictel by general law (14is section) prohibiting expenditures for acqui- sition and construction of local sewers or laterals and rcquir• ing that fees be charged only in exchange for services rendered to tete public. English Manor Corp. v. Yalkjo C,nitadon and Flood Control Dist. (1374) 117 Cn1,Rptr. 315 42 C.A 3d 996 Under pnnciple that general provision is controlled by special one, latter being treated as exception to § 5471 3 Due process would be construed as providing, inter alis, method for Where municipal resolution did not declare delinquent scumg and revisingxwcr services rates where localenht} is charges for sewer or water services to be a lien, it was not proceeding under specific revenue bond or improvement unnecessary for city council to give notice and provide statute. Kennedy v. Cty of Ukiah (1977) 138 Cal.Rptr, hearing. Kennedy v. City of Ukiah (1977) 138 CaLRptr. 207, 69 C A 3d 545. 207, 69 C.A.3d 545. By implication of Guv.C, 5 54354 charges for sewer and 4 Exemptions water Service could be set by municipality by means of The state of California is exempt, in the absence of either resolution or ordinance. Id. express legislative authorization, from any charge for the Water rates which fixed higher minimum rates for com- retirement of revenue bonds issued by a county to finance mercial users than others with same number cf meters were expansion of a , ;stewatcr treatment plant. 67 Ops.Atty. invalid. Boynton v. City of Lakeport Municipal Setter Dint. Gen. 13, 1-10-84. § fr172. Payment -of fees; rates, etc.; under protest; action to recover after refusal of refund: law governing After fees, rates, tolls. rentals or other charges are fused pursuant W this article, any person may pay such fees, rates, tolls. rentals or other charges under protest and bring an action against the city Underline Indicates changes cr additions by amendment 22 11FALT11 AN or circ and tour refund.pavme manner provide Chaoter 5, part applicahie. (:added by Stat 19SI T-gislstion. Another § 5472. § 2, amended by renumbered § 5472 2679. § 221. 1. In gcoaral Developer was n city's raising sewer . § 5472.5. Colit ... The ra: departmint or a control, or with of ' ' ' that d terms and condi discretion of provide that together with, a (Formerly § 547 § 3. Renumber § 5473. Collec Any entity wk, 6520.5 may, by s'<< of the members roll in the sam, separately from. W-,Aflg AW . computed in cor Any ordinance on the tax roll s: is SPecified in t _charged by the .6he powers a alternative to o charges. The real prop Revenue and T. or maps on file (Amended by S § 5473.3. Dete t In general BY implication o water service coul, Asterisks • • 39A Cal.Code —,2 1987 P.P. 'ziEALTH AND SAFETY CODE :.tion upon order of health officer or f lien sanitary district, or other district having ig served written notice npon the owner )use, and such owner or reputed owner, t such dwelling house, together with all and in a sanitary manner, with the ble cost, and the person doing said swk a lien upon said real estate for his worx ials furnished shall be held to hare been owner, or person claiming or having any any part of the cost or price of such .terials, or equipment for the same. and. said connection. it shall succeed to and such person or persons against the rea! ovided for in this section, :he governing tion to the public sewer may. by order sts of such work and the administrative roceodings, together with other charges body for the connection of the premises and tax collector of the public agency, a amount of the assessment to the next d. the same manner as those provided for n 3, of the Civil Code. in 5474 for levying the costs incurred for of the premises to the pablie sewer'.. 352, p. 1519, § 1, urgency, eff. Sept- 25, ect property to system; lien for work :led within an assessment district for the may request the governing board to the adjoining street public sewer system. :t shall have a lien upon :he property, for 1 materials furnished shall be deemed to r, reputed owner, or person claiming or may pay all, or any part, of the cost or 's ted labor, materials, or equipment and to of the connection, it shall succeed to and ns against the property and the owner or rovided for in this section, the governing = to the public sewer may, by the power 5 of the le&lative body, fix the cost of 'aeilities, fix the times at which such costs r to the construction and connection or in i rage of interest, not to exceed 6 percent ists, and provide that the amount of the espective lots or parcels upon which the Section 5474 to implement the levying of ses to the public sewer. ,pt. 2.5, 1373.) 3 changes cr additions by amendment HEALTH AND SAFETY CODE Library References Municipal Corporations 0-712. C.J.S. Municipal Corporations § 1805. ARTICLE 3.5. BONDS Section 5465. Repealed. § 5465. Repealed by Stats.1975, c. 552. p. 1125, § 2 § 5471 The repealed ssection, added by Stats.1975, c. 552. P. 1125, Former § 5465 was amended by Stats -1971, c. 1593, P. 5 2. relating to bond election, was repealed by force of its 3252. 191; Stats -1973. a 1091, P. 2221, § 1. and was own terms on Jan. I. 1977- repealed by Stats.1975, c- 552, p. 1125, § 1. ARTICLE 4. SANITATION AND SEWERAGE SYSTEMS Section 5472. Payment of fees. rates. etc., under protest; action to recover after refusal of refund; law governing. 5472.5. Collection of rates with rates of other utilities. § 5470. Definitions The following words wherever used in this articie shall be construed as defined in this section, unless fmn the context a different meaning is intended, or unless a different meaning is specifically defined and more particularly directed to the use of such words: it fa) Assessment Roll. "Assessment roll" refers to the assessment roll upon which general taxes of the entity are collected. (b) Auditor. "Auditor" means the financial officer of the entity. (c) Clerk "Clerk" means the official clerk or secretary of the entity. (d) Chambers. "Chambers" refers to the place where the regular meetings of the legislative body of the entity are held. (e) Entity. "Entity" means and includes counties, cities and counties, cities, sanitary districts, county sanitation districts, sewer maintenance districts, and other public corporations and districts authorized to acquire, construct, maintain and operate sanitary sewers and sewerage systems. (f) Rates or Charges. "Rates or charges" shall mean fees, tolls, rates, rentals or other charges for services and facilities furnished by an entity in connection with its sanitation or sewerage systems, including garbage and refuse collection. (g) Peal Estate. "Real estate" includes: (1) The possession of, claim to, ownership of, or right to possession of land; and (2) Improvetne"ts on. land. ., (h) UK Collector. `Tax collector" means the officer who collects general taxes for the entitv. I'Tamendmelt of this section made by the 1972 Regular Session of the Legislature does not constitutea changeh but is declaratory of the preexisting law. (Amended by Stats.IM, F 100, P. 133, § 1.) ¢ 5477. Power to prescribe and collect fees, tolls, rates, rentals or other charges; use of revenues Any entity shalt have power, by an ordinance approved by 3 two-thirds vote of the members of the legislative body thereof, to prescribe, revise and collect, fees, tolls, ra`,,,regt, or other charges? including sewer standby or immediate availability char e.4"—or se vices and facilities furnished by it, either within or without its territorial limits, in connection with its sanitation or sewerage • • • system, provided, that the entity may provide that such charge for such service shall be collected ••^ rates, tolls and charges for any other utility, and that any or all such charges may be billed Asterisks • • • Indicate deletions by amendment 21 5 4171 HEAL H AND SAFETY C -10D€ . ,n tae same hill: provided further. that where such charge is to be corrected with the charges for cher utility service furnished by a derartment or agency of such entity and over which its ,t ce body ices not exercise control, the consent of such department or agency shall be obtained m-ior to collecting sanitation or se'.. erage charges with the charges for any other utility. Revenues ?d under '.he provisions in this section, shall be osed only for ti:e acquisition, construction, reconstruction, maintenance and operation of water systems =Ind sanitation or Sewerage facilities, to repay principal and interest on bonds issued for the construction or reconstruction oe such water systems and sanitary or sewerage facilities and to rel -ay federal or state loans or advances trade to such entity for the construction or reconstruction of water systems and sanitary or sewerage f ;cHities; provided, however, that such revenue shall not be used for the acquisition or construction of new local street sewers or laterals as distinguished from main trunk, Interceptor and outfail sewers. (Amended by Stats.1973, c. 545, p. 1048, § 4 United States Supreme Court Municipal provision of sewage services, state policy to displace competition with regulation. see Town of Hallic v. City of Eau Claire, 1985, 105 S.Ct, 1713. 85 L.Ed.2d 24. Notes of Decisions Construction with other laws 2 Due process 3 J Exemptions 4 Y 1. Construction and application Govcrnmer:t Code § 54992providing that any action by a local agency to levy a new fee or service charge or to approve an mcre2se to existing rce or service charge shall ba taken only by ordinance or resolution does not provide authority for public entity already bound by statutory (see this sectten and Government Code § 61621.5) requirements to adopt fee increases by ordinance, to ignore such limita- tions and adopt increases by resolution. Cavalier Acres, Ire. v San Simeon Acres Community Services Dirt. (App. 2 Dist.1984) 199 Cal.Rptr 4,151 C,A.3d 793. This section required that sewer connection fees be estab- lished by ordinance, and resolution purportedly increasing stover connection rtes was not authorized either under Gov.C. 36934 or under city's police power. Pinewood Investors v. City of Oxnard (1982) 184 Cal.Rptr. 417. 133 C.A. 1030. Under principle that general provision is controlled by special one, latter being treated as exception to § 5471 would be construed as providing, inter alis, method for setting and revising sewer services rates where localentity is not proceeding under spcciric rcvcnuebond cr improvement statutes Kennedy V. City of Ukiah (1977) 138 Cal.Rptr, 207, 69 C.A.3d SO. By implication of GoY.C. § 54354 charge for sewer and water service could be set by municipality by means of either resolution cr ordinance. Id. Water rates which fixed higher minimum rates for com- mercial users than others with same number of meters were invalid. Boynton v, City of Lakeport Municipal Sewer Dirt. No. 1 (1972) 134 Cal.ltptn 409, 28 C.A.3d 91, 61 A.L.R.3d 1228. Sewer use rates which were based on cla;,iticatioas of properties according to use, number and type of fixture, and number of people using ti..mures were not unreasonable or discriminatory. Id. Initiative process is not available to amend portion of municipal ordinance which provides that city council shall determine manner of firing charges, a taxation function, for connection and use of sewer facilities. Dare v Lakeport City Council (1970) 91 Cal.Rptr. 124, I2 C.A.3d 864. 2. Construction with other laws Developer did not voluntarily waive right to refund of increase in sewer connection fee by building project and by not seeking any :xpcd;tcd remedy pursuant to Subdivision Nfap Act (Gov.C. § 66410 et sq.) to compel city to act In allegedly proper manner where developer followed method prescribed by this section. Pinewood investors v. City of Oxnard (1982) 184 Cal.Rpm 417, 133 C.A. 1030. Sanitation and flood control district ordinance which established per bcd sewer connection fee for convelesocnt hospitals did not exceed the district's powers dace the district was empowered by special act to acquire or eon• struct property ne"ssary to carry out provisions of the act and to prescribe and collect chsrges for ssrvices or facilities furnished by the district and therefore was not restricted by general law (this section) prohibiting expenditures foracqui- sitionand construction of local sewers or laterals and rcquir- ing that fees be charged only in exchange for services rendered to the public. English Nfanor Corp, v. Vallejo Sanitation and Flood Control Dist. (1974) 117 Cat.Rptr. 315. 42 C,A,3d 996. 3 Due process Where municipal resolution did not declare delinquent charges for sewer or water service:: to be a lien, it was unnecessary for city council to give notice and provide hearing. Kennedy v City of Ukiah (1977) 138 Ca1.Rptr_ 207, 69 C.A.3d 545. 4. Exemptions The state of California is exempt. in the absence of cxprcrs I.gislativc authorization, from any charge for the retirement of revenue bonds issued by a county to finance expan-ion of a wastewater treatment plant. 67 Ops.Atty. Gen. 13, I -ID -54. § 5472. Payment bf fees: rates, etc.; tinder protest; action to recover after refusal of refund; law governing After fees, rates, tolls, rentals or other charges are fixed pursuant to this article, any person may pay such fees, rates, tolls, rentals or other charges under protest and bring an action against the city HFALTH A:' or city a, -,(I cout refund. Payme manner provide Chapter 6, Par t applicable. (Added by Stat.< 1981 Legislation. Another § $472, 2. amended by renumbered 1 54)2 2679. § 221. I. In general Developer was n• city's rail ng sews . § 5132.5. Colle • • The ra: department or a control, or with of ' ' ' that d terms and condi clLmreticli of • provide that' together with, a (Formerly§ 547 § 3. Renumber § 5473. ' Collec . I Any entity wk 6520.5 may, by of the members roll in the samt separately. ft3. v. ear and ni . receiving such computed in cor. 'Anv ordinance on the tax roll st is specified in t charged by"the The powers a alternative to o charges. The real prop Revenue and 72 or maps,on file s (Amended by St § 5473.3. ` Dete i In general By implication o orator service coal, HEALTH AND SAFETY COVE _tion upon order of health officer or f lien sanitary district. or other district hav'rig :g served written notice upon the owner use, and such owner or reputed owner, t such dwelling house, together with all I, and in a sanitary manner, wit4: the ble cost, and the person doing said work a iien upon said real estate for his wcrk ials furnished shall be held to hare been owner, or person claiming or having, any any part of the cost or price of such .terials, or equipment for the same, and, : said connection. it shall succeed to and such person or persons against the real ovided for in this section, the governing non to the public sewer may. by order sts of such work and the administrative -oceedings, together wit! other charges body for the connection of the premises and tax collector of the public agency, amount of the assessment to the nest d. the same manner as those provided for :1 3, of the Civil Code. m 5474 for levying the costs incurred for of the aremlses to the Dublic sewer. 852, p. 1519, § 1, urgency, eff. Sept. 25, ect property to system; lien for work ied within an assessment district for the may request the governing board to Jhe adjoining street public sewer system. c shall have a lien upon the property, f Or • materials furnished shall be deemed to r, reputed owner, or person claiming or may pay ail, or any part, of the cost or ped labor, materials, or equipment and, to of the connection, it shall succeed to and ns against the property and the owner or -ovidcd for in this section, the governing In to the public sewer may, by the power , of the legislative body. f i i the cost, of icilities, fix the times at which such costs r to the construction and connection or in t rate of interest, not to exceed 6 percent ,sts, and provide that the amount of the _-speeUve lots or parcels upon which the Section 5474 to implement the levying of ,es to the public sewer pt, 25, 3973.) : changes or additions by amendmont HEALTH AND SAFETY CODE § 5471 Library References Municipal Corporations X712. C.I.S. Municipal Corporations § 1805. ARTICLE 3.5. BONDS Section 5465. Repealed. § 5465. Repealed by Stats.1975, C. 552, p. 1125, § 2 The repealed sr_ttoa, added by Stats.1975, c. 552, p. 1125, ¢ 4 relating ro bond election, was repealed by force of its Former § 5465 was amended by Stats.1971, e. 1593, p. 3252, § 191; Stats,1973, c. 1091, p 2221, § I. and was own terms on Jan 1. 1977. repealed by Stats.1975, c. 552. p. 1125, § L ARTICLE 4. SANITATION AND SEWERAGESYSTEMS Section 5472. Payment of fees, rates, etc., under protest; action to recover after refusal of refund; law governing. 5472.5. Collection of rates with rates of other utilities. § 5470. Definitions The following words wherever used in this article shall be construed as defined in this section, unless from the context a different meaning is intended, or unless a different meaning is specifieaUy defined and more particularly directed to the use of such words: (a) Assessment Roll. "Assessment roll' refers to the assessment roll upon which general taxes of the entity are collected. (b) Auditor. "Auditor" means the financial officer of the entity. (c) Clerk. "Clerk" means the official clerk or secretary of the entity. (d) Chambers. "Chambers" refers to the place where the regular meetings of the legislative body of the entity are held. (e) Entity. "Entity" means and includes countieq cities and counties, cities, sanitary districts, county sanitation districts, sewer maintenance districts, and other public corporations and districts authorized to acquire, construct, maintain and operate sanitary sewers and sewerage systema (f) Rates or Charges. "Rates or charges" shall mean fees, tolls. rates. rentals or other charges for services and facilities furnished by an entity in connection with its sanitation or sewerage systems, including garbage and refuse collection. (g) Real Estate., "Real estate" includes: (1) The possession of, claim to, ownership of, cr right to possession of land; and (2) Improvements on land. (h) Tax Collector. `Tax collector" means the officer who collects general taxes for the entity. The amendment of this section made by the 1972 Regular Session of the Legislature does not constitute a change in, but1­sd_ejlarntory of, the preexisting law, — (Amended by Stats.1972, c. 100, p. 138, § 1.) 5471. Power to prescribe and collectfees, tolls, rates, rentals or other charges; use ofrevenues Any entity shall have power, by an ordinance approved by a two-thirds vote of the members of the legislative body thereof, to prescribe, revive and collect, fees, balls, rates, refs or other charges, including sewer standby or immediate availability charges -"tor services and facilities furdtished by it, either within or without its territorial limits, id -connection with its sanitation or sewerage .. . s stem; provided, that the entity may provide that such charge for such seneice shall be collected with a rates, tt511s and charges for any other utility, and that nny or all such charges may be billed Asterisks • • • Indicate deletions by amendment 21 it 511 s.. iiL':1LilI AND SAFti? Y CODE upon tnc same hill; pr„vidcd father, that where such charge is to be coilected xvith the charges for cuter utility service furnished by a devartment or agency of such entity and over which its rgi,lativo body r?aes not exercise controi, the consent of such department or agency shall be obtained ririor to cePecting sanitation or sewerage charges with the charges for anv other utility. Revenues ,icrived tinder the provisions in this section, shall be used only for the acquisition, construction, reconstruction, maintenance and operation of water systems and sanitation or sewerage facilities, to repay principal and interest on bonds issued for the construction or reconstruction of such water systems and sanitary or sewerage facilities and to repay federal or state loans or advances made to such entity for the construction or reconstruction of water systems and sanitary or sewerage facilities; provided, however, that such revenue shall riot be used for the acquisition or construction of new local street sewers or laterais as distinguished from main trunk, interceptor and outfall sewers. (Amended by Stats.1973, c. 545, p. 1048, § 4.) Unitcd Statts Supreme Court Municipal provision of sewage services, state policy to displace competition with regulation, see Town of Hallie v City of Eau Claire, 1985, 105 S.O. 1713. 85 L.Ed.2d 24. Notes of Decisions Construction with other Iaxs .2 Due process 3 Excmptlow 4 1. Construction rand application Govemmeni Code § 54992 providing that any action by a local agency to levy a nese fee or service charge or to approve an intro =se to existing fee or service charge shall bt taken only by ordinance or resolution does riot provide authority for public entity already bound by statutory (sec this section and Government Code § 61621 5) requirements to adopt fee increases by ordinance. its ignore such limits - nuns and adopt increases by resolution Cavalier Acts. Inc. v. San Simeon Acres Community Senicas Dist. (App 2 Dist.1984) 199 Cal Rptr. 4, 151 C.A.3d 798. This section required that sewer connection foes be estab- lished by ordinance, and resolution purportedly mcrca.,ng ."w connection rets was not authorized tither under Gov.C. 36934 or under city's polite power Pirtmood Investors v. City of Oxnard (1982) 184 Cat Rptr. 417, 133 C.A. 1030. Under principle that general provinton is controlled by special one, letter being treated as exception to § 5471 would be construed as providing. inter alis, method for setting and revising sewer snrvices rates where local entity is nor prmccWng under specific revenue bond or improvement statute. Kcitnccly v. Oty of Ukiah (1977) 138 Cal Rptr. 207. 69 C A.3d 545. Ily Implication ofGuv,C, § 54354 charges for sewer and water service could be set by municipality by means of either r"c4utton or ordinance. Id. Water rates which fixed higher minimum rates ror com- mercial users than others with same number of meters were invalld, Boynton v. City of Lakeport Municipal Sewer Dist 'Yo 1 (1972) 104 Cal Rpir 409, 28 C A 36 91.61 A L R 3d 1228 Sewer use rates which were based on classifications of properties according to use. number and type of fixtures, and numlxr cf people using Fixtures were not unreasonable or discriminatory Id Irimativc process is not available to amend portion or municipal ordinance which provides that city council shall determine manner offising charges, a taxation function. Cor connection and use of sewer facilities. Dare v. Lakepert City Council (1970) 91 Cal.Rptr, 124, 12 C A.3d 864. 2. Construction with other IQ-$ Developer did not voluntarily waive right to refund of increau in sewer connection fee bj building protect and by not %"king any expeJiicd remedy pursuant to Subdivision Map Act (Gov C § 66410 et seq.) to compel city to act on allegedly proper manner where developer followed method prescribed by this section Pinewood Investors v City of Oxnard (1982) I S Cal Rptr 417. 133 CA 1030. Sanitation and flood control district ordinance which established per bed sewer connection fee for convalescent hospitals did not exceed the district's powers since the district was empowered by special act to acquire or con- stnict property ntcessary to carry out pravisiotts of the act and to prescribe and collect charges for services or facilities ruinishcd by the district and thererore was not restricted by general law (this section) prohibiting expenditures foracqui- %iiion and construction of local sewers or laterals road requir• ing that fees be charged only in exchange for services rendered to the public. English Manor Cory. v. Vallejo Sanitation and Flood Control Dist, (1974) 117 Cal Rptr. 315. 42 C.A-3d 996. 3. Due process Where municipal resolution did not declare delinquent charge% for sewn or water wrvtccs to be alien, it was unnecessary for city council to give notice and provide herring Kennedy v City of Ukiah (1977) 138 Cal Rptr. 207, 69 C,A,3d 545, 4. Exemptions The state cE California is exempt, in the absence of express Legislative authorization, from any charge for the retirrincnt of revenue bonds issued by n county to finance expansion of a wastewater treatment plant, 67 Ops.Atty. Gcn 13, 1-10-84. § 5472. Payment of fees', rates, etc., under protest; action to recover after refusal of refund; law governing After fees, rates, tolls, rentals or other charges are fired pursuant to this article, any person may pay such fees, rates, tolls, rentals or other charges under protest and bring an action against the city ttnderl3n_e Indicates changes cr additions by amendment 22 TIFALTH AN of city 2nd tour refund. Paym, manner provide Chapter 5, Par, applicable. (Added by Stat 1981 I.cpjslation. Another § 5471 § 2, =ended by rcnumbtred § 5,472 2679, § 22I. 1 In genera! Developer was n city's raising sewer § 5472.5, Cone ' .. The rat department or a control. or with of ... that d terms and condi discretion of . provide that ' together with, a (Formerly § 547 § 3. Renumber § 5473. Coltec Any entity wh 6520.5 may, by, of the members roll in the sam, separately from Year and filed receiving such : computed in car Any ordinanci on the tax roll si is suecified in i charged b_v the The powers a alternative to o charges. The real prop, Revenue and Ta or maps on file (Amended by St § 5473,3. Dete T• In general BY implication o. water service coui, Asterisks • • ' 394 Cat Cade -2 1987 P.P. HEALTH AND SAFETY CODE I HEALTH AND SAFETY CODE § 5471 :tion upon order of health officer or f lien sanitary district, or other district hating ig served written notice upon the owner )use, and such owner or reputed owner, t such dwelling house, together with all d, and in a sanitary manner, with the ble cost, and the person doing said work a lien upon said real estate for his work rials furnished shall be held to have been owner. or person claiming or having any any part of the cost or price of such aterials, or equipment for the same,and. f said connection, it shall succeed to and .such person or persons against the real rovided for in this section, the governing :tion to the public sewer may, by order osts of such work and the administrative iroceedings, together with other charges body for the connection of the premises and tax collector of the public agency, to amount of the assessment to the nest nd. in the same manner as those provided for ,on 3, of the Civil Code. dory 5474 for levying the sects incurred fot in of the premises to the public sewer•: :. 852, p. 1519, § 1, urgency, eff. Sept. 25, !nett property to systatt; lien lot work !uded within an assessment district for the ,es, may request the governing board to o the adjoining street public sewer system. irk shall have a lien upon the property, for `nd materials furnished shall be deemed to ner, reputed owner, or person claiming or rd may pay all, or any part, .of the cost -or ished labor, materials, or equipment and, to. ie of the connection, it shall succeed to and ".,sons against the property.and the owner or ' i pry vided for in this section. the governing ctioi to the public sewer may, by the power cry of the legislative body, fix the cost of 'a facilities, fix the times at which such costs ror to the eonstruct5on and connection or in 1i a late of interest, not to exceed 6 percent costs, and provide that the amount of the e respective lots or parcels upon which the in Section 5474 to implement the levying of :anises to the public sewer. .Sept. 25, 1973.) its$ changes or additlons by amendment Library References !Municipal Corporations C-712. C.J.S.tturicipal Corporations § 1805. ARTICLE 3.5. BONDS Section 5465. Repealed. § 5465. Repeated by Stats.I975. c. 552, p. 1125, § 2 The rexaled section, added by Stats 1975. c. 552, p_ 1125, Former § S465 was amended by Stats.I971. a 1593, p. 2, relating to bond cicctioa, was repealed by force of its 3252. § l9 t; Stats.1973, c. 1091, p 2221, § t• and was own terms on Jan. 1, 1977. repealed by Stats.1975, c. 552, p_ 1125, § !_ ARTICLE 4. SANITATION AND SEWERAGE SYSTEMS Section 5472. Payment of fees, rates, etc., under protest; action to recover after refusal of refund; law governing. 5472.5. Collection of rates with rates of other utilities. § 5470. Definitions The following words wherever used in this article shall be construed as defined in this section, unless from the context a different meaning is intended, or unless a different meaning is specifically defined and more particularly directed to the use of such words: (a) Assessment Roll. "Assessment roll" refers to the assessment roll upon which general taxes of the entity are collected. (b) Auditor. "Auditor" means the financial officer of the entity. (c) Clerk. "Clerk" means the official clerk or secretary of the entity. (d) Chambers. "Chambers" refers to the place where the regular meetings of the legislative body of the entity are held. (e) Entity- "Entity" means and includes counties, cities and counties, cities, sanitary districts, county sanitation districts, sewer maintenance districts, and other public corporations and districts authorized to acquire, construct, maintain and operate sanitary sewers and sewerage systems. (f) Rates or Charges. "Rates or charges" shall mean fees, tolls, rates. rentals or other charges for services and facilities furnished by an entity in connection with its sanitation or sewerage systems, including garbage and refuse collectgli• (g) Real EMate. "Real estate" includes: (1) The possession of, claim to, ownership of, or right to possession of land; and (2) Improvements on land. (h) '!`dpi Collector. 'MW collector" means the officer who oalltetts general taxes for the entity. The amendment of this section made by the 1972 Regular Session of the Legislature does not eonstittiw a change in, but is declaratory of, the preexisting law. (Amended by SLats,1972, G 100, p. 138, § 1.) § 5471. Power to prescribe and collect fees, to Is, rntes, rentals or other charges: use or revenues Any entity shall have power, by an ordinance approved by a two-thirds vote of the members of the legislative body thereof, to prescribe, revise and coArct, fee tolls, rates rent , or other charges, including sewer standby or immediate availability charges, orseri ieea a d facilities furnished by it, either within or without its territorial limits, in connection with its sanitation or sewerage • system; provided, that the entity may provide that such charge for such service shall be collected wit a rates, tolls and charges for any other utility, and that any or all such charges may be billed Asterisks • ' • Indicate deletions by amendment 21 ri I 5471 HEALTH AND SAFETY CODE upon rite same `ill: provided further, that where such charge is to be collected with=heeharges for other utility service furnished by a department or agency of such entity and over which its ir-gisladve body does riot ext reise controi, the consent of such department or agency shellbe obudned ,mor to eollectinl7 sanitatior or sewerage charges with the charges for any other utility. Revenues derived under !he -provisions in this section, shall be used only for the .acquisition, construction, reconstructir;n, maintenance and operation of water systems and sani(ation or sewerage facilities, to repay principal and interest on bonds issued for the construction or reconstruction of such water systems and sanitary or sewerage facilities and to repay federal or state loans or advances made to such entity for the construction or reconstruction of water systems and sanitary or sewerage facilities; provided. however, that such revenue shall not be used for the acquisition or construction of new local street sewers or iaterals as distinguished from main trunk, icterceptor and outfall Sewers. (Amended by Sirtts.1973, c. 545, p. 1043, § 4.) Unlied States Supreme Court No. 1 (1972) 104 CaMptr. 409. 28 C,A.3d 91, 61 A.L,R.3d Municipal provision of sewage services. state policy to 1228 Sewer "� rates which were based on classifications of displace competition with regulation, sea Town of Hattie NO City of Eau Claire, 1935, 105 5 Ct. 1713, 85 L E. 2d 24. properties according to use, number and type of tixturm and number of people using fixtures were not unreasonable or discriminatory. Id Initiative process is not available to amend portion of Notes of Derisions municipal ordinance which providca that city council shall determine manner or firing charges. a taxation function. for Construction with other laws 2 connection and use of sower facilities Dare v. Lakeport Due process 3 City Council (1970) 91 Cal.Rpta 124. 12 C.A.3d 664. Exemptioru 4 2. Construction with other laws Developer did not voluntarily waive right to refund of increase in sewer connection fir by building project snd by t. Construction and application not seeking say cxpcdilcd remedy pursuant to Subdivision Government W e S 54992 providing that any action by a Slap Act (Gov C § 664 10 et seq.) to compel cM to act in local agency to levv a new fee or service charge or to allegedly proper manner where developer followed method approve an increase in evsnng fee or scnice charge shall be p .-scribed by this section, Pinewood investors v. City of taken only by ordinance or resolution docs not provrde Oxnard (1982) 194 CaLRptr. 417. 133 CA. 1030 authority for public entity already bound by statutory ("t Sanitation and flood control district ordinance which this &tenon and Govemment Code § 61621.5) requirements established per bed sewer connection fee for convalescent to adopt fee increases by ordinance. to ignore such limits- hospitals did not exceed the district's powers since the ticns and adopt mcreases by resolution Cavalier Acres, district war empowered by special act to acquire or con- !tc v San Simeon Acres Camunity Services Dist, (APP 2 struct property tete >nry to tizzy out provisions of theeel Dist.1984) 199 Cal Rpu. t 151 C.A,3d 798, and to prescribe and collect charges for services or facilities This section required that sewer connection fees be estab furnished by the district and therefore NY's not restricted by general law (this section) prohibiting expenditures for acqui- purportedly po y increasing lished by ordinance, and resolutionur rtCdl fees was authorized "'t'' under sition and onstruction oflocal scwers or)aterals and rNuir. sewer connection not Gov.C. 36934 or under city's police power. Pinewood tog that be charged only in exchange for services Investors v City of Oxnard (1982) 184 Ca1,Rptr. 417, 133 tendered to the public. English Manor Corp. v. Vallejo C.A. 1030 Sanitation and Flood Control Dist. (1974) 117 Cal Rptr. Under principle that generul provision is oontrollad by 315. 42 C,A.3d 996. special one, latter being treated as exception to § 5471 3. Doc Process would be construed as providing. inter alis, method for Where municipal resolution did not dnclare delinquent setnng and revising xwer services rates where local entity is charges for sewer or water services to be s lien, it was not proceeding under specifte revenue baud or improvement unnecessary for city council to give notice and provida statute. Kennody v, Qty of Ukiah (1977) 138 Cal Rptr. hearing. Kennedy v. City of Ukiah (1977) 138 Gal Rpm 207. 69 C A, 3d 545. 207, 69 C,A.3d 545, By implication of Gov C. § 54354 charges for %ewer and 4. i•;xemptions water service could be set by municipality by means of Tlie state of California is crcmpi. in the absence of either resolution or urdinanu, Id. express Icgislalivc authorization, from tiny charge for the _. Water rates which fixed higher minimum rates for com. retirement of revenue bonds issued by n county to finance mercial users than others with lame number ofinelers were expansion rf a wastewater treatincnt plant. 67 Ups Ally. invalid. Hoyuton v. City of Lakeport Municipal Sewer Ltst. Gen. 13, 1-1044. § 5172. Payment bf fees, rates, etc., under protest; action to recover after refusal of refund; law ' governing After fees, rates, tolls, rentals or other charges are fixed pursuant to this article, any person may psy such fees, rates, tolls, rentals or other charges under protest end bring an action against the city Underline Indicates changes or additions by amendment 22 11F.AUM A` or city and cou refund. Pavm. manner provid Chapter 5, Par- applicable. (Added by Stat 1931 Legisladom Another § $472. § 2. amended by renumbered § $47: 2679. § 221. I. In general Developer was r city's raisingsewer § 5472.5. Colli ''Then department or a control, or vi th of ' ' ' that d terms and condi discretion of provide that ' together with, a (Formerly § $47 § 3. Renumber § 5473. Collect Any entity wit 6520.5 may, by s of the members roll in the same separately from, Wear and Med receiving such computed in tor. Anv ordinance on the ta., rot s , is s iiiem t) char¢ed bvim' The powers at alternative to of charges, The real prope Revenue and Ta: or maps on fie i (Amended by St: § 5473.3. Deter 1. in Rem" By implication of water service could AGREEMENT THIS AGREEMENT made and entered into as of the 1st day of July, 1979, by and between the CITY OF LODI, a municipal corporation, hereinafter called "City", and SANITARY CITY DISPOSAL COMPANY, INC., hereinafter called "Contractor" WITNESSETH= For and in consideration of the mutual covenants and agreements hereinafter contained, the parties hereto do hereby agree as follows: City, having the exclusive right and duty in the City of Lodi to collect and dispose of garbage, as the same is defined in Lodi city Code Chapter 11, does hereby grant to Contractor the exclusive right to collect garbage within the incorporated Limits of the City of Lodi for a term of ten years commencing July 1, 1979, subject to and in accordance with the following conditions contained. -herein: Al) Chapter.11 of the Lodi City Code, as the same may be amended from time to time is hereby made a part of this agreement as if set ._fox t at length herein, ' (2) Contractc r agrees to collect all garbage i n the y City of Lodi and transport, the same to the City Sanitary Fill,, or such other place as. the Lodi City Council may direct, as an independent contractor in accordance with the terms and conditions �h ..#ID.S ,. ':!iM � 4y �;.v -w�t Y/M'N..��'. :. : ,,iC.A�1"'.X871:i1' `X'S`l'��.Y+ t� --✓ �.���. . rte. ...0 --: ,-. - .,:armaaw .aiarc,x.N..w. .-Y.»e.:.,...,,.craw:...:.;.w..w...-.a.'.P:,.,...oe....;._,..�..,.—.. .'- ,,. ,.+++..w+Aw•waa ws _ wws'xgaF.+ ,m< av y ?'sr�frstii3uursur ..n�„�...w,7 of the said Chapter 11. Garbage as the word is used within this agreement, is as defined at the time of the making of this agreement, in the Lodi City Code Chapter 11-1. (3) The rates for the collection and disposal of garbage by Contractor shall be set forth in Section 11-3 of the Lodi City code as said section may be amended from time to time. The effective date for the agreed rate, at the time of signing this agreement, will be July 1, 1979. (4) It is anticipated that the rates established in said Section 11-3 shall be reviewed annually commencing May 15, 1980, based on the a 1 1 Consumer Price Index for the San Francisco -Oakland area for the twelve month period ending March 30, 1980, Increases or decreases in the rate structure will be determined:;as.follows; (a) 95%.of ariyupward or downward price adjusti..�nt wjil l be in accordance with the a 1 1 Consumer Price Index for the San Franc: sco-Oakland area. (b) 5/'of the adjustment upward ordownward will be based on any increase or.decrease in the Company's cost of vehicle fuel.during the 1 -year period then understudy. The intent of this.paragraph is demonstrated in Exhibit A ' ... _ '. assn• ft�O i' b't3 ' •:. 1:i.4....: �Nh.,'�%1�+ :.�t { :.::.,:�'^i R3���N'� � 3�A�.Z d'{*�x `ii +l attached.h_reto and ince.rporat@d, herein by reference The changes in rates shall take effect on J if any (c) In addition to the automatic annual adjustment above specified, there will be three "reasonable profit" reviews during the 10 -year period for the purpose of bringing into proper perspective the various annual adjustments. The first review will be completed and Adjustments made prior to July 1, 1980; the second review will be completed and adjustments made prior to July 1, 1983; the final review will be completed and the adjustment become effective prior to July 1, 1986. The Contractor on or before the 15-th day of ea month next succeeding the month in which said mone-y sh.-3ii have been collected by city. It is expressly understood and agreed that the percentage retained by City may be changed from time to time during the term of this agreement, upon mutual consent of the parties hereto, pursuant to Section 11-6 of said City Code. (6) City hereby agrees to keep and maintain proper records of its collection hereunder and to make such records available to Contractor or its authorized agent for audit at any reasonable time, in the Office of the city of Lodi Finance Director. (7) Contractor hereby agrees to keep and maintain proper books and records of its receipts and disbursements and to make such books and records avai1able to, City .-or.:;its,_.:. authorized agent for audit at any reasonable time. A Profit In this connection, Contractor agrees to furnish the City with evidence of compliance with the requirements of Section 11-7 of the Lodi City Code, i.e., furnishing evidence of Workers Compensation Insurance coverage and a certificate of insurance showing a minimum, of $500,000 for damage to property, and $1,000,000 for injury to persons, with the City of Lodi named as additional insured on said policy. (9) Service of all notices which will be at least 60 days regarding proposed changes in regulations or ordinances, or other proposed actions affecting the terms and provisions of this agreement, shall be made in writing, delivered as follows: (a) If on the initiative of City, notice shall be given to Contractor at 18012 North Cluff Avenue;,, .Lodi, ;.California.. _ (b) If on the initiative of Contractor, notice shall be given to the Lodi City Manager, City Hall, Lodi, California. 0 (11) In the event Contractor und: rtakes to construct, build or provide a transfer station during the term of this contract, the Contractor may then appear before the council and request a special adjustment according to such additional expenses. The City Council will have the final determination as to any such special adjustment. t IN WITNESS WHEREOF, City has caused these presents to be signed and its corporate seal to be affixed Sir its Mayor and City Clerk, thereunto duly authorized, and Contractor has caused these presents to be signed on its behalf by those persons thereunto duly authorized. CITY OF LODI Mayor f ATTEST tf /' .City le k� SANITARY CITY DISPOSAL COMPANY,INC, APPROVED AS TO FORM: !' City;.Attorney —7— .. {. + F y A- '41 4a'LW'� • f "" y,.+. 514 'k, i &x&-,,nle C, "EXHIBIT A" Assiming that the increase of the Consumer Price Index over a twelve month period arrounts to a total of 11%. Also that fuel inc- reases by 20% over the same- twelve month period. Applying the appropriate factors the increase calmilations would be as follows: k, 4xl MEMORANDUM TO: Honorable Mayor and Members of the City Council ROM : City Manager ��' GATE : December 29, 1987 SUBJ: Permit for Refuse Removal r - CIT With the adoption of the new refuse rate schedule at the regular meeting of January 6, 1988, a related item should also be addressed at that time. That item is the charge for a permit to haul one's oven refuse to the sanitary landfill and thus not utilize the services of the contract refuse hauler, Sanitary City Disposal Company. While refuse service i s mandatory, citizens do have the option of hauling their own refuse should they so choose, after first having secured such a permit. City Code Section 13.16.070 reads: REMOVAL BY OWNER - PERMIT. "Every owner of garbage shall have the right to remove the same, but it is unlawful for any person to remove garbage from more than one place, and no person, other than the regular garbage collector of the city, shall remove any garbage over any of the streets of the city without obtaining a permit to do so. Such permits shall be issued by the city clerk or the city clerk's designee on application and on the payment of an amount which shall be determined from . t- ne to tine by resolution of the Lodi city council, covering. Qne calendar year beginning January 1st." The current charge for this permit is $10 per year. Thisrate upas established in 1949 when the one -can rate was 50 cents a month, or $6.00 per year. Thus the $10 annual permit fee was 167% o f the annual one -can rate. One would conclude that this permit rate was established to discourage requests for permits. With the implementation of the new refuse rate schedule me anticipate more requests for such permits. There are at present 86 active permits, both residential and commercial. Staff recommends that the City Council increase the permit fee to an .amount at least equal to the one -can rate ($7.00 per month x..12 months $84.00 per year), prorated quarterly. If we apply the same percentage. -as used in establishing this permit rate 'initially (167X. of -the one -can .rate) the annual permit charge would be $140. I would not .recommend that: I.•. wouid;;.•aprreciate hearing from City. Councilmembers : ;should: : `. here.. be :any questions regarding this. TAP: br :. X •:T T NC A -:C t! 299. ......:.:.:..... ��0 sp• ..fin-. .. ... ..:. _.n .. ... �1 .. .. ...tilt r_ �?...... .. .:. :.. ..... :'�•�• :N... :?i Y.,: :^;2:�^i. ia. •,. Y.` -` V COST OF REFUSE OPERATIONS Residential Commercial Total Labor 458,891 176,481 Shop Labor 71,416 106,982 Equipment 262,160 267,351 r_4 Other 168 ,16 3 140,991 dmi n i st r at ion 232,801 87,799 Total Costs 1,193,431 779,604 1,973,035 P r o f i t 12% 143,212 93,552 236,764 Transfer S t a ti on 267,814 233,186 501,000 Dump Fees 218,361 190,128 408,489 Cost of Operation 1,822,818 1,296,470 3,119,288 Franchise Fee 8% 158,506 112,736 271,242 Revenue Needed 1,981,324 1,409,206 3,390,530 Less Bins and Special 30,000 246,832 °[I76,832] - Other Revenue 127,808 97,654 - [225,462] From Schedule 1,823,516 1,164,573 2,988,236 TOTAL.COSTS 1,981,324` 1;409,206 3,390,530 Less Dump Fee 218,361 190,128 408,489 Y.Net Cost.'., _. 1,762,963 1, 2,19,078 2,982,041. . Present Revenues 1,383,801 910,171 21293,972' -Total Increase 43.2-- 54:8% 47.8:, � r r Increased,Without Dump 'Fee 27.4% 33.9% 30.0% t ISI C I TY SANITARY SERVICE O MPARFJON OF RATE OF PROFIT FOR PUBLIC COMPANIES Browning-Ferris Revenue Net Income Waste Management Revenue Net Income Chemical Waste Management Revenue Net Income Western Waste Revenue Net Income 1985 1986 1,144,509 1,328,393 111,828 136,853 9.8 10.3 1,625,428 2,017,775 171,553 370,930 10.6 18.4 323,986 418,070 25,610 52,246 7.9 12.5 82,347 97,926 3,881 4,856 4.7 5.0 DEVELOPMENT FEES BASED ON A 3 -BEDROOM HOME Capital Improvement Tracy Lodi Sewer Treatment 949.00 1,725.00 Water Treatment 1,500.00 -0- Water Distribution 160.00** -0- Arterial, Streets 1,240.00*** -0- Parks 1,656.00 �0- Public Buildings 397.00 -0- Public Works/Public Safety 75.00 -0- Drainage 2,137:00 804.00* Total. per unit $ 8,114.00 $'2,529.00 Total, per acre $40,570.00 $12,645.00 edrflom Assam tion,• Five 3 b.. p homes, per :acre .% , **For.overslze mains ***Excess width `&er 40' - r .wtr?-Y-...c...,. $253,267.00 $275,000.00 VEr. -�'AT t% I` EKP D .J $1,986,872.00 (1.4% $45,600.00 . I SALARIES D.V. AND A.V. $45,600 COUNTY DUMP FEES $408,489 FRANCHISE FEE $253,267 ADMINISTRATIVE $275,000 OPERATING EXPENSE $1,986,872. PROFIT—BEFORE TAX $296,083(AFTlC_►' k AX Int -L q73, Rr�) TOTAL $3,266,111 i -2 4 } - r 14 L/v[Z/I".�<�'✓it°i7�= i /���L:'�r��Git�� !fit- .�CiC/-�i�[.- �i:=fit. .it/ . � L.z�C' �-.t���'✓ ��[_� ''_i' r ��i%`''J� _/. .. . CD - ... �c�Gt--���� _.� �.-��-�-- � i r � 1 ✓}�✓ .i�-G G-�F �lt�Z � /��� �%'X 1� d21� 1 Cit. -------- ---.___.�-L�-�,v ��-C�� `_� �L-ce�2GiL•� !J-� v��-Gt_�c�� � �� � �C�-_G'CJ_.._ - � ---- - --- - - •may_. �4'��" '-l-Z-�-. �. �•L C�- �G� ,J��%G-l�--�C -� ./3''�C�J l - . �i ' . 1��Ci�'�� ..SGA--fZ,t? �1C �,GG. .- Lc_ .c_..� .cam ;�.C�i�..GE..' r `? G� .C�'. ✓/yL-��c-:_.- ,.ZGL _ 12 (- p _... __ � � l� c.LChJ ���� �c�-C_t-cam'--��.-C.�.� �--�1�•J;�L.C�� ... _ _ _ �-G�-C' �'v ..•,�1� L,:�-� t,C'�-j'7ZC��_U ��-zL-�c1--{ �-L' • •L.' _ G L V--c- ot --c- x-Dcu -- .G'�-�'.-[_f -5... �/Il.:12.� �-C.-�G_•E'�.G.i G -f C�.G1� �'i?/ /' 1 • z � �i{- <-' �� ALL-��� _�-� E<�....�t'li� ..�C--[- �--f� . _.L� .�C�f'-"�-'�'- L �L/ �G�`�-�•••1 _ f72Gt L��- ��-2..f�•-�E.-'c.% � ..�/Z�J ��'��G<--e�[•�-�-rL--�� C,C.��--�.. .. _ __..._.._ - .met c -f`-. MEM0RAINDUM TO: The Honorable Mayor and Members of the City Council pm: City Manager DATE : November 13, 1987 SUBJ : Pol icy Discussion on Solid Waste Collection, Transport and Disposal The topic for discussion at the Shirtsleeve Session to be held Tuesday, November 17, 1987, is the City of Lodi's refuse col Tecti on service. Xt Dave Vaccarezza, of Sanitary City Disposal Co., Inc., the City's contract hauler, will be in attendance to participate in the discussion, answer questions, and generally assist the City Council by providing whatever information on his company's operations the Council should desire. Early last year the County of San Joaquin advised all haulers and agencies in the County that it would be uniformly imposing a $2.00 per cubic yard gate fee on all refuse brought to the Harney Lane Sanitary Landfill. The $2.00 charge went into effect for the City of todi industrial customers in July, 1986. At f the request of the City Council in the spring of last year, the County agreed to delay the imposition of the $2.00 gate fee for the commercial and residential customers in the City of todi until January 1, 1987. Since then the gate fee has been increased to $2:45 per cubic yard effective September I, 1987. The reason for the request was to allow the City time to conduct an in-depth evaluation of the City's rdfuse service and rate structure. On the staff recommendation, and with 1VA Vaccafezza in agreement, the City retained the firm of Eljumaily-Butler Associates, of Santa Rosa, recognized experts in the field of waste management , to, oerform .this.'revie►�and,;evaluation.y7he.; project leader z was Mr: Duane Butler, :A' senior`partner, well respected in this specialized field. The firm came highly recommended. This undertaking..was .a ponderous one, and as a result, extremely frustrating to all "fk6ts itivohved ;The 'assignment was not an easy one and the development of the necessary information was very time consuming. The report was distributed to the City Council earlier this year. The Honorable Mayor and Members of the City Council May 8, 1987 Page 2 The purpose of this Shirtsleeve Session is to provide the City Council witn an opportunity to discuss policy issues and of the various elements that go into deveiopment of a rate structure. A number of policy items will have to be addressed in the process. Among these are: Do we bring the industrial community under the franchise? (at the present time it is not) There are advantages and disadvantages to this action. On the plus side is the fact it gives the City Council greater flexibility in setting the rate schedule throughout the residential, commercial and industrial communities now and in the years to come. It also provides uniformity of service and prevents "rate wars" in that segment of our community, The down side is that it eliminates the freedom of choice of hauler for the industrial segment. But that freedom does not now exist in the residential and commercial segments. The matter of reusable materials and by-products will also have to be addressed. What should be the term of the franchise? Five years? Ten? Twenty? Should it be a rolling seven-year franchise with the ability to extend year -by -year to a maximum of 15 years? The advantages of a shorter franchise period is that it gives the City Council the opportunity to review the refuse operation at more frequent intervals and has a tendency to hold any hauler more accountable for his operation. The disadvantage is that it does not foster the kind of stability one would like to see in this: type of operation. Obviously, the reverse can be said of 0e'. - longer e .longer franchise period. The stability is there, but is it in the best interest of the City and its citizens to enter into very long-term commitments? Of course, contracts can always be terminated for cause, but that is usually a laborious and complex legal undertaking. The consultant's report recommends a rolling seven-year Franchise. Should the residential rates be partially underwritten by commercial and/or industrial service? If there is to be some support for the residential rate, what should be the level of that support? The Honorable Mayor and Members of the City Counci i May 8, 1987 Page 3 It is easy to look at "the going rate" in other communities in the area and establish a rate structure based on that approach. In some cities its done primarily in that fashion and that is not necessarily all bad. In fact, when all is said and done, there must be some consideration for what will be acceptable to the community, sophisticated formulae notwithstanding. However, the various components of the rate structure will vary from one city to another and a direct comparison can be misleading. For the City Council's information, the following rate information is presented: Residential Refuse (one -can service) 1981 $3.85 1982 4.05 + 5.2% 1983 4.45 + 9.9 1984 4.87 + 9.4% The current rate for residential refuse (one -can service) is that which was established by the City Council in 1384. I t should be noted that the rate for a commercial one -yard bin was adjusted during the years noted above of approximately the same percentages. The purpose of Tuesday morning's session is not to get into the specifics `of a , rate adjustment. That topic and the accompanying refuse collection ordinance and franchise agreement will be brought to the City Council at a later date, hopefully in the immediate future. Rather, as I mentioned earlier, the purpose of this meeting is to continue our review of the overall operation and to. devote some time to the consideration of what are key policy issues. REIMBURSEMENT OF DUMP FEES FROM CITY OF LODI MONTH AMOUNT JANUARY 1987 $26,854.00 FEBRUARY 1987 $25,'110.00 MARCH 1987 $27,136:00 APRIL 1987 s29,474.00 MAY 1987 $2$,168.00 JUNE 1387 $28,344.00 JULY 1987 $28,992.00 AUGUST 1987 $25,270.00 SEPTEMBER 1987 $32,626.65 POLICY ITEMS The following are policy i t e m s which reflect on the recommendations contained in this report. 1. Execution of the draft Franchise Agreement, provided separate y, brings industrial •'waste disposal -under the tate serring aegis of the City. 2. The draft Franchise Agreement provides for a 7 -year rolling franchise rather than for a. set number of years, with the ability to extend, year -by -year, for a maximum of 15 years. t 3. Decirie whether residential rates should be partially a underwritten by commercial and/or industrial service. -` -I-- '- -- to provide support to the residential rates, the lavel of support must be selected, and the degree of support to be provided by other users must be determined. 5. A determination should be made concerning the continuation of rear yard service (current service levels) or whether mandatory curbside automated service is to be selected, t 9 RECOMMENDATIONS Subject to the policy decisions which effect the matters discussed in this report, the following is recommended: 1, Amendments to the anunicipal. code be adopted enabling the xecution _of « rranc.n�se 1',gtrciiccii1-� and enabling City ^ �+ C^,^ dzaf t. amen t h e been provided separately. 2. Execute a Franchise Agreement with Lodi Sanitary City ' Disposal, Inc. to include residential, commercial and industrial service, A .raft agreement has been provided separately. 3. Adopt per can rates at a selected level of contractor profit before taxes. Rates may either be self—supporting or receive support from elsewhere within the system, See Table 1. 4. As an alternative, move to a flat rate of $9.50 per month for mandatory curbside wastewheeler service, Requires rare supporr. See Table I- S. Adopt commercial rates such as shown on Table 2 with the appropriate support of the residential service. (Example is 10% Contractor's profit before taxes,) 6. Adopt industrial rates such as shown on Table 3 with the appropriate support of the residential service. (Example is 14% "x1txactor's profit before taxes,) TABLE 1 RECOMMENDED RESIDENTIAL RATES PER MONTH 2 cans $11.87 per month 3 cans $14.68 per month Recommended: Flat rate, 90 gallon wastewheeler, $9.50 per month: Requires rate support, SUMMARY The following is an evaluation .of the several activities which, together, comprise the solid waste collection and transportation network for the City of Lodi. The evaluation took the form of an operational survey of residential, commercial and industrial waste collection, review of the transfer operation, and of the wood fuel composting and recycling operation. Rates for service based on the Contractor's 1986-87 and 1987-88 budgets have been calculated based on the costs of operation, profit, -disposal charge and municipal franchise fee, Rates for each type of service are examined and discussed, The report also contains a draft Franchise Agreement and a draft update of the City Code which have already been provided. The Agreement suggests a franchise which can be extended year -by -year, thereby resulting in a "rolling" multi-year agreement, The franchise may be terminated for cause, or allowed to expire in a set period. A key element of the recommendations for 1987-88 is the inclusion Of industrial refuse service, in the franchise. Commercial container rental is also included in the recommended 1,987-88 rates. This would bring all- solid waste activities under franchise': The Draft Agreement calls for all rates to be reviewea on a periodic basis with intervening adjustments based on a cost of living factor. Residential rates have been prepared for a continuation of rear yard service, and alternatively, for curbside wastewheelers, Rates have also been computed for commercial container collection service including container rental, and for collection of industrial roll -off bins, ,The residential rate may include support from other users. It has not been recommended that the public support continuation of either the cornposting project or the wood fuel reclamation operation. The Contractor has terminated both of these operations 2nd does not plan to undertake them unless economically and practically feasible. The recycling center is proposed to stay in JUI rates have been computed to indicate the amounts required to cower actual costs, and the impact of 8%franchise fees (158 as current, less 78 paid to the County), various rates of..profit., and $2.00 per cubic yard dump fee (replaces the 7%formerly remitted to the County) . else�vierenirietsliee ystaem,ra�ie unsuppoot�dratesowoulscer9frm $11.87 and $14.68 respectively for 1, 2 and 3 can service at a contractor's profit margin of 10%before taxes. A curbside wastewheeler service is. also examined, Unsupported rates of $14.00 per month are justified at 103 profit before taxes. The report describes one sample of a supported rate, $9.50 per month, and the resultant commercial and industrial contributions which would be necessary. Commercial rates are recommended to about double including provision for $2.00 per cubicyard dump fee at the landfill and container rental, Rates vary based on the number of containers and the frequency of collection. It is likely that some policy decisions will be required to establish allowable contractor's profit, type of residential service to be rendered, and the amount and manner of provision of any infusion of funds from other users to help support residential rates, Sample calculations are provided which, together with the information contained in the various tables, can be used to determine alternative rates to the specific examples shown. November 16. 1957 Lodi Citv Council City of Lodi 222 t4est Pine Street 1 o d i . CA 95240 O (61116 rn rernaval sy'de. .1 inc. Transfer & Recycling Center Re: Waste Cart Survev California Waste Removal Svstems Dear Madame Mavor and Honorable Councilmembers: On October 15. 1987. a survey of 1.988 Lodi residents currently usine waste cart service was conducted by California Waste Removal SvstPms. haste cart service has been offered to lodi residential customers for over three vears:.:" The results were lathered and comoiled throup.h November 13.;;,,1:987. (See the attached auestionnaire.) Of those customers s:urveved. 990 or 49.8% responded. The findings of this survev'"are.Dresented for your review and consideration. Of those.."who returned" their auestionnaires. 36% had soecific additional" comments which'.have' been categorized as follows: I. POSITIVE FEEDBACK A. Laree cauacity — ideal for combinine earbasae lawn and garden rubbish. B. Less noise — no clanszinQ of conventional metal cans . and' 1ids. C. Animal proof — no knocked over cans and :unsanitary coed_itians_ O 0 (Aliforn Wall remoY�l ��iiemi�' anc.�� Transfer & Recycling Center Based..on the results of the survev and the above,,,, comments, the conclusions of those currently using wa;te carts indicate a strone preference to remain with their roll-out collection system as well as an overwhelming recommendation for the,City a BroQram. From a collection companv DQFS @Cti @, a unif®mm automated. rnllorf-;i.n x! --t and efficient service. and ret)lace the immediate need for new on Ili nmont- nnil lnhnr me+c C+ter+ r.,-. --. +V V. clllF' � ­­+­ Transfer & Recycling Center Dear Valued Customer California Waste Removal Systems has offered waste cart (waste wheeler) service to the residents of Lodi for nearly three years now. Since you are one of our customers who has used the waste cart, we would like to ask you for your opinion about the waste cart system. Please complete this form and send it back in the enclosed stamped self— addressed envelope, no later than October 31, 1987. Your opinion is very important to us. W would like you to tell us how you like using your waste cart and how you compare this new service with your old standard backyard can service. 1.) Capacity Much No Not As Much Better Retter Difference Good As Worse 75% 18X Ease to Hove to the Curr 86% Spilled Trash 67% Animals/Rodents Getting 70% Into Contents Odors 51% 05% 02% 13% 16% 25% 02% 00% 01% 01% 01% 00% 00% 01% 02% 00% Neighborhood Appearance 68% 20% 08% 03% 01% on Collection Day 2.) Would you buy plastic bag liners for the waste cart, if offered by our company, at a cost: of 30 cents a piece? YES 25% NO 759 DAVID J. SHERMAN 1410 Edgewood Drive _ (209)368-1469 Lodi, California 95240 CITY of LODY City Council Honorable Council ,,Sembers, December 8, 1987 I'll be unable to attend the meeting scheduled for Dec. 8, 1987, but I'd like to present my recollections and questions for your consideration. First, I'd like to address the issue of the cost of each waste -wheeler to each customer. If memory serves me cor- rectly, the "rent" on each waste -wheeler was $2.75 per month, when the proposal was first submitted some 2 or 3 years ago. During the past 11 years, we've purchased.3 new 30 gallon garbage cans, at a cost of $5.95 ea., approximately, and wefre due, soon for a 4th can. (we subscribe to two/can pickup) Our total cost, then, is $24.00, less per year than the monthly cost presented to us in that proposal. If the waste -wheeler is cost-effective for the sanitation company, that cost-effectiveness should not be subsidized by exces- sive xces- sive "rental" fees, or any other charges. If economics dic- tate the use of waste -wheelers, a fee that more truly repre- sents our current cost is justified. In my opinion, $2.75 is exhorbitant. Also, please consider a provision that per- mits er- mits citizens to supply their own waste -wheeler, as longxas its compatible to the equipment. The sanitation firm cited a survey of some 2000 customers and I wonder who conducted the survey - the City of Lodi? the sanitation company? or an outside agency? If by an out- side ut- side agency, was it an independent agency? Again, as I re- call, the manufacturer of the waste -wheeler conducted a sur- vey during the trial period and that survey consisted only of Willow Glencitizens. Hardly representative of the whole of Lodi. Also,`'when I participated in that survey, I asked specifically of curb -siding and was assured that nothing would change. When i carve to the Council meeting, I learned differently. If that survey is the one that is currently cited, I'd like to change my response. I .would hope, how- ever that a current survey, by a dis.-interested party, has been conducted, I also oppose curbsiding in any form. Our city sidewalks look trashy on garbage .day , and garbage day is every day, Thank;you. wy�T-43 U, 14*11�1 f.r..u:��..s.<��.;'�r.�,r6>✓;r.�,.✓.:;.as:�w-�;.r,.vr.Y.x.,..,,,:-^.:-_:,:.,..w.�-,,.�s<.�,.a.��,..... x:Ya2::vo. r..�� -�;- - �:. a JAMES C MCKELLIPS 316 LOUIE AVE LODI CA 95240 P 1A CVv •---- Happiness Is Being Irish. n 13. 16.030 WEEKLY SERVICE No. of 1 68.57 116.35 lards Containers 1 2 3 4 5 6 543.62 566.50 589.34 S114.25 5137.53 5160.77 1 _7 56.12 91. +3 126.75 165.02 ZUU.97 236.97 3 b8.57 116.35 164.17 2I5.80 264.45 313.13 1 56.12 91.43 126.75 165.02 201.03 236.97 3 8I.05 141.30 201.56 166.56 327.93 389.28 3 105.97 191.17 376.35 368.I3 454.87 541.60 1 68.57 116.35 164.17 215.890 364.45 313.13 2 105-97 19I.17 276.35 368.13 454.87 541.60 3 143.30 266.00 388.58 5'0.43 645.28 770.11 Y i 1 95.01 165.66 236.32 312.55 244.48 456-43 2 150.22 282.60 411.73 550.68 682.15 313.61 4 3 211.95 399.54 587.133 733.79 957.91 1170.82 4 270.41 ! 109.62 194.90- 280.17 372.08 455.90 "545.72 2 182.71 341.07 499.43 669.73 830.63 992.2? 3 255.80 487.24 718.70 967.40 1203.05 1438.69 4 1885.20 .-x t 124.25 224.14 324.01 431.62 533."41 634.99 6 2 211.95 399.54 587.13 788.79 979.31 I170.82 3 799.66 574.96 850.25 ;1 146.01 1426.29 1706.61 250 77M77777777- 77777.- REVEhIUE WITH 'WAS'l-E CARTS v J. P ` ' V, 4 9 5 i 3814947 CI,Cq,6 cw, BUDGETS x 4=4L,YEAR- 1987-1988 j: : A 19 TOTAL S TOTAL TOTAL ROLL OFF COMMERCIAL RESIDENTIAL' DEPARTMENT DEPARTMENT DEPARTMENT TOTAL EORtMES VPYHULLt fftNl3tt):, w $294,076;00 SALARIES'� $117,057.91 $I to'goEl. E38 $52, 044.79 PAYROLL �� TAXES. i $16,P_40.90 $26,705.45 1,65 701.I7 81 10,647-52 EMPLOYEES GROUP INSURANCE %11,947.27 $1-3,039.96 $35,349.41 $60,316.64 PENSION PLAN $2,046.c9 $1,877.72 $5,623.1,4 $9,549;_E5 E WORY$17,401.70ERS COMPENSATION $20,140.62 $55,t72.99 $92,7125,31 ANDLAUPILRY UNIFORMS , Sl,t47.21 $1,E307.93 $2,96:3. 74 65,910.90 165,041.06 st76,400.513 $4 TOTAL PAYROLL�ExPENSES, $50• EGUIPMENT EXPENSES: REPAIRS PND MAINT.EUONCE-PORTS $30,395.00 s73,307.70 $39,071.44 $142,774.14 FUEL. AND OIL. s12,322.50 916,491.72 $22,934.54 $51,648.'76 EQUIPMENT LFASES $0,00 $0.00 $3,500.00 $3,500.00 DEPRECIATION $63,735,49 6124,016.16 $120,192.25 $315,943.90 SUPPLIES $2,500.00 $11,160.00 $7,560.20 $21,220.20 T RES 912,196.00 $15,470,00 $16,028.00- $41.694.00 L I CENSE$-DMV. $7,749.E9 $5,239.81 $12,662.00 $25,7'51.10 FUEL .;USE -TAX'; $a,250.00 _USE TAX; $2,431.54 92,250.00 E6,931.54 INSU4,)mCEi-'- : $16,069.68 $19,235.66 930,061.14 $64,966.49 RADIO EXPENSES $1,364.65 s1,080.62 $0.00 $2,445.27 'EXPENSES $i4e,764,t5 s267,351.67 $262,159.57 JOTAL� EOUIPMENT $619;275-39 OTHER EXPEN3ES: INTEREST $55,894,56 $109.851.48 $104,513.0e %270,261.06 x r IJT IL IT IES $644.70 $1 .003. 13 $2,707.4S $4,435,31 COMPUTER EXPENSE $650,00 s1i000.00 8900.09 $2,550.00 PERMIT AND LICENSE $450.00 950.00 9500.00 $1,000.00 DEPRECTATION-OFFICE $0.00 $0.00 $oloo 80.00 AWERT ISING $1,200.00 $2,300.00 $2 000.00 $5,300.00 & AUTO EXPENSE $0.00 $0.00 $0.00 $0.00 ,A;$0.00 ul OFFICERS LIFE INSURATICE $0.00 90.00 F_ LEGAL, $3,721.96 $1,050,00 $7,050.00 $11,Q21.96 {�f, ACCOUNTING $7,300.00 $5,200.00 $18,081 .23 $30,501.23 SUSINESS,•PROMOT ION, $5,904.00 $5,500.00 $31500.00 9I4 ,804.00 (` REPAIRS AND MAINTENANCE -GENERAL -92;020.00. SI,800.00 $2,015.00 $5,835.00 PROPER TTJAXE9 $5,000.00 j SE3,000.00 $11,500.00 $24,500.00 OFFICE SUPPLIES AND EXPENSE $3',875.00 $2,075,00 $6,500.00 $12,450.0,0 DUES -AND'. SUBSCR IPT IONS - 16000 p $375.00 $450.00 $1,005.00 FRANCHISE FEES�' $O 00'' $72,9Q6.82 $83,119.09 $136,105.91 a I E U PPIEMT RENTAL; 5f)o. 00 $0.00 $0.00 $4,*00.00 SUB CONTRACT HAUL ING $39,000.00 $0.00 $0.00 239,000.00 FREIGHT, ; , ., �,, z',� $500. 00 $100.00. $1,000.00 $1,600.00 MISCELLANEOUS $$728.2! $20.00 90,00. $748,21 RESEARCH AND., C D69LOPMENT. 81,229.00 $tl()75.00 $3,025.00 i5,325.00 PADIW.AEPAIR: EXPENS r q$0,00. �$5,579.03; $0.00 $5,1173.03 DUMP'FEES, $283,002,,00� $147,e04,00 $129,010.00 $559,816,00 J 2 TOTAL OTHE EXPENSES , R�:;X F�J�S. 1.� $422 572,19 $361,781.68 $3eO.2El2.O6 $1,164.6'$9.93 .. ....... ........... .. ... ... A . ......... 4 7777�' "Al r. Rz�r- 1 J "• i k 5 i S I - - fifA, 1� 9 FtSCAT YEAR 1987-1988 1� a AS IS TOTAL TOTAL TOTAL S ROLL OFF COMMERCIAL RESIDENTIAL i DISTRIBUTED ADMiNISTRA7tVE EXPENSES DEPARTMENT. $92,666.66 DEPARTMENT DEPARTMENT TOTAL i .ACTUAL W/0 LABOR EXPENSES :-$66,478.74 $87,798.91 $106,982.88 x232,801.25 $a 13,246.82 'x71,416.08 h DISTRIBUTED SHOP EXPENSES $0.00 $244,877.70 _ 5 ZF ! TQTAL'EXPENScS: $896 322.82 $0.00 $1,000,395.7a $0.00 $0.00 $1,405,549:73 $3,302,268.27 S ii l F i i S I 5 1_ S ii l F @hI'D i 4 1 � �s C r0:1 jw � d - x'0.��i- Q4 we. T„,t�, � Trai:�i” r�rr;;l, r�tr:•,I - F+1 6FF. �Ur`adFhl lhl r hE�Ipht•1I•f'H_—. 6i �.�:f.. T)Ft,twrm,'HT I:EPIIRTMEN I ili I'i4TCtR/ t 1141fOki -$93,031:i• !7 ",ti:5n;4C'+3,•7.t. rt66.!!P t18 1<i-: f:"'io T,87. 79 3Aq a}ei ,n.3 51 x!le`i!it.�.'-� II.�:66P 199 -110 -9'i.:it•+'r.I•-'6.IH _ OH ld l?7.hSr'.�� t3�1)•a?:.7.aa) .9..NyJn.-�•}�.,��� w , t• F Z � { _ I•ilf r r35ttt,r,l�.+r .;I,i„�la.dl ^I').5'7 ni.f'<F!,r;l,f,',9.t77.' _... T r•I�C' it ,�r1C S 9T ^17".❑ N%T�)r•r- '7i,i••I r . ` ..' -,:'.' ' , •': 't' ... I .I,q'.Y( F.OI.I.T' ;.l. r al. I?t . L.' i r I C,l .�• . f.; ,F^i•iFi•i'C-11117:F1',, ,i7F.'IT ,,.,vL ,rr'r r•ii't;;1it; f i >T ttT(Pt. s :,:nn er, �r•� - it r. nt ts.? 1 .. 5. FI:I,�4.aFr):' �>' vlq� 'T-7 t�� ,.. ,C arl.c •) R.l'r.ti r , FE3(r, fl, irc rrtrt, r`r34x3::18 Tp.00 F” rJn IrdA1.3CiiIrt". 1 ,INT ;tr tC, . bS 334, r' 163 !2.,.91 R!) „) b6 t rflPl-:."C. kl ti .,{z ^IT ^.I. �• r .. t i . "r ,; 'Su r 01 i r Its^i,l 'a1N TRANSi ,, 3T(iT[rt:••t I'31..T, r..6 b7.n) to u'1 tr,.•',n qr't 00 y > r:rr -,•. •'� . tF,i CiC+tSGtf7 FEtY(1 If�r tr tfi.`nn �) qfs SQ.nO .,.fr;T:rF FEf,I(:Llata hr'° RuC7r Is ,t)tt b,.in, ) 3 Li0[�t) F,IJC', p7i)Ltt) +;,u,llri 3i�1.,1•.) �.:r CCiA7 iQGir3.':_ tl.)_t.'ni7n FUEL tQ, i bn.itir it :r.l i4FT,. UnG� 1_ FU Cr, .F �T- ^,� _ .. ........_..fin. _;�....... .. � nn a:rprpq.-.,17Lro�,7;Cdt(i T'. Rei 3n:n� 1`I1 --,T: roMp'rJ61: t•r7,r:n'r Rn n,) f ,n', sn,,'if, �. i-� r �� , s ;nD S, -7, 1, -I. 134 RY f'.P,q £•).nr; t�.. -1 r. , ,^''7..T �ttf=T,.+..,.::R`r .. 1 --S.19?.�'3I.<n, - t6,n<) ;�t•••t .. 7. .. MI SCF C,„r„a. „� C c"'1..... �3,rnn �r ,.•: r. ^t ,^. (NFE.-T[ 0.18, TE: CAIN T:,INUfZ:i .��;rW h4y l.3..t3 �t..� i 5• 1 ;.]..f.:3 ..13 t 1 '=ficv 67 . �FLDN OF REFUSE IrJTO TRANSFER STATION 1SS7' 17H ,,'RESIOcP1TiAl COtl;IEHIAL ~INDUSTRIAL > CITY COUNTY COUNTY COUNTY TRAM FEft � � jQTnL Cf°.N1'r VEHTi'•LE F'ESIUEMTinI GOt;!:ERC InI. IiJ6U01L 1 11Gf!', ""J RNUARY r; rEFFUARY 5,t�UU 5,60J 8,948 1,650 1,2' 1 ?t1U 1,612 10 ,r f 21,y+!i 149,505 Y_.5.:Z7.;:_.u'_:..6 AFRI! J 511'. 1, 3 iC,S36 1tcIt 1,iJc� O L,14 J, IIAY_,2%: i;'[iU l 121 c1,43i� i4U 2, �G 41Rc {1,131 T JUL' �,b7� 7,165 15�54A 1,638 15665 1,121 3,364 3,322 4.',t7a 31,26; AUGUSt _ 5,24 S ,,4 a 21;958 ,: , , 2 11511 ' 1 �, 3? 508 -EP["cL1R3i � 16;435.-_.... ',`21__._._...__1-IJ ; EiiBER TOTAL 43,1?fi 54,245 112,153 12,141 12,2'2 6,6•'21 21,E�8J 23,54+ 2oh,I1.5 «55,881 :3! 14,!2'! _ �a.1 j1Cp�_ __ _ �i r� 8t gin_ '%__.� + _ a: ;tial—�'_• ? ___�� _'.•; 7 a 094 *v z r4,.i:.�::".•,T.,u Via' _..GG:,-�.�a�tr'� uaara.3..,.`;i::+.., 1n..+n'.:��. �.ad.-s:.:.�..a` wa.s. r-A:Jr`,..d=w�.e''�h,�rrJ..�211-111 PROPOSED RATES 11/25/87 - Proposal Re ular = '' Type g Qualified Service Rate Exemption Rate " A 1 can 10.50 7.90 t` 2 cans 13.65 11.00 3 cans 16.80 14.00.' Waste cart 9.50 9.50 B 1 can 9.50 7.10 1 2 cans 12..65 10.30" 3 cans 15.80 13.40 Waste carts 8.50 8.50: t. C 1 can 8.50 6.40 2 cans 11.65 9.55 3 cans 14.80 12.70` Waste carts 7.50 7.50 s D 1 can 9.50 7.10 2 cans 12.65 10.30- 1. 3 cans 1.5.80 13.40 ". Waste carts 8.50 8.50 E 1 can 8.50 6.40 r 2 cans 11.65 9.55 3 cans 14.80 12.70 Waste carts 7.50 7.50 7 1333 E. Turner Rood ✓ Post Office Box 319 / lodi, CA 95241-0319 / (209) 369-827.2 - .. .Fx�a- .. ... -.�-s:�,x..-,o-::w.�,v;u:c-.aa�.:,i;�.��.,.,�.; ;s�s.�ua..�r�.�:�..aA;s:� •. - �'- - -'zraa, e -0 REPR JCTI - VTHIS T" ' rIO DOM r4,.i:.�::".•,T.,u Via' _..GG:,-�.�a�tr'� uaara.3..,.`;i::+.., 1n..+n'.:��. �.ad.-s:.:.�..a` wa.s. r-A:Jr`,..d=w�.e''�h,�rrJ..�211-111 © C's k t� .9 REARYARD SERVICE Regular Qualified Rate Exemption n 1 can 10.50 7.90 2 cans 13.65 11.00 3 cans 16.80 14.20 t CURBSIDE WASTE CART SERVICE 9.SQ per 90 gallon u.%s,te Caaxl In this proposal, there is no support from the commercial or industrial rate customers. f Commercial rates must be adjusted to compensate for increased collection costs as needed and the increased dump fees (i.e., ' $2.45 per cubic yard). f -GaFw:n;�.�t'.'�5"...ec4,`�.".�;�'"�r,�.C$;'�'$xf.4•!?L ,uiut��:..«.a ..,... .___.. .t X PROf'(ISAI. (� NO. OF COL. LF_.CT I ONS PER WEEK ;,, NO. SUPPORT TO. RESS I DE14T I AL SITE OF NO. OF CONTAINER CONTAINERa 1 2 3 4 5 6 1 1 9;G3 $96 129 1-172 $215 9258 1 2 `586 172 $25E'. l-:�ei4 9.430 9.516 i 3 X129 $258 $307 1,516 3645 8774 2 1 $86 4172 125fl 9:344 9,4 30 $516 ? 2 $172 9344 $516 $688 $F360 41.032 2 3 9258 9516$774 61,032 $1,290 $1',548 3 1 $129 $258 $387 $516 8645 1774 3 2 $258 $516 $774 81,032 81,290 IS, 1,54© 3 3 $367 $774 $1,161 $1.548 $1,935 $2,322 4 1 $172 $344 $516 1688 $860 $1,032 4 2 - $344- $668 $],032 41,376 31,720 82,064 4 3 $516 $1,032 11,548 $2,064 $2,580 $3,096 5 1 $215 $,t 30 $645 $B60 $1,075 $1,290 - 2 $430 $860 $1,290 61,720 $2,150 92,580 5 3 $645 $1,290 $1,935 $2,580 $3,225 $3,H69 (, 1 $4'58 $51 b 9774 9:1 , 032 51,290 91 ,`i4 8 6 2` $516 $1.032 $1,548 $2,064 $2,580 $3,096 6 3 $774 $1,548 $2,322 $3,096 $3,869 84,643 1 - PROPOSAL B SUPPORTED BY COMMERCIAL RATE CUSTOMERS AT THF. LEVE!.. OF $1.0@ PER HOUSEHOLD D SERVICE Regular Qualified Rate Exemption I ran $ 9.50 7.10 f 2 cans $12.65 10.30 3 cans $15.80 13.40 CURBSIDE WASTE CART SERVICE`` a $8.50 per 90 gallon waste c arf PROPOSAL 8 ° NO. OF COLLECTIONS PER WEEK COMMTRCIAL`SUPPORT TO RESIDENTIAL CUSTOMERS -LEVEL $2,00 PER HOUSEHOLD 5 I ZF_ OF NO. OF CONTAII,IER CONTAINERS 1 2 3 4 1 1 846 `593 $139 $186 1 2 $93 $ 186 $279 8372 1 3 $139 $279 $4118 $538 R 1 $93 $ 186 8279 3372 2 2 $186 $372 $558 8744 2 3 8279 $558 $837 31,116 3 - t 9139 `5279 8418 $558 3, 2 1279 $558 8837 81,116 3 3 $418 $837 $1,255 $1,674 4 118n 5372 $558 6744 4 2 $372 6744 $1,116 $1,488 4 3 $558 $1,116$1,674 82,231 S 1 $232 $465 $697 8930 5 2 $465 $930 $1,395 $ 1,x60 5` 3 $697 81,395 $2,092 $2,789 6 1 $279 $558 $837 $1,116 b 2 $558 $1,116 '51,674 82,231 6 3 8837 $1,674 32,510 63,347 5 6 $232 $279 6465 'x558 $697 937 ii465 $558 8930 $1,116 $1,395 $1,674 8697 $837 81,395 $1,674 $2,092 `52,510 $930 81,116 81,860 82,231 $2,789 63,347 $1,162 $1,295 $2,324 $2,783 $3,487 $4,184 $1,395 81,674 $2,789 83,347 $4,184 $5,021 PROPOSAL C SUPPORTED BY COMMERCIAL RATE CUSTOMERS AT THE LEVEL OF $2.00 PER 110USE11OLD REARYARD SERVICE 1 can 2 cans 3 cans CURBSIDE WASTE CARE SERVICE Regular Qualified Rate Exemption $ 8.50 6.40 11.55 9.55 14.80 12.70 7.50 per 90 gallon waste cart In this proposal, $2.00 per household is paid by the commercial rate customers. This will add $1.61 per cubic yard to each yard of service a commercial rate customer pays. Commercial rates must be adjusted to compensate for increased collection costs as needed and the increased dump fees (i.e., $2.45 per cubic yard). ............. ................. ......... ... .....................:..... . ,... "PROP05A1� r No. OF COLLECT t 1 QN3 PER WEEK NA.,t-""..•.GQMMFRCIAL SUPPORT 'i C7 'RESIpFNTIAL CUSTOMERS -LEVEL $2.00 PSR NOIJSF:F-IOL.D OF NO .a;: •;;< 1...0NTA I N E R CONTAINERS .1 2 3 4 1 $50 5 100 $ 150 $200 2 $100 $200 $300 $400 I 3 :. -1,150 $300 $450 1,600 2 1 $100 4200 $300 $100 2 2 `.52003400 $600 '$300 2 3 $300 'v600 $900 '$ 1,200 3 1 .$150 $300 $450 8600 3 2 $300 $600 $900 $1,200 3' 3 :'': $450 $900 $1,350 31,793 :s [+ 1 $2003400 $600 $800 .4 2 $4.00 $600 $1 ,200 $1,599 .$600 51,200 $1,799 $2,399 S :: 1.:. $250 $500 8750 $1,000 v` `.: • `: 5 P_ .. $500 $1,000 $1 $1,999 J J�'_ ..'•:.'A/50 81,499 ,499 $2,249 $2,999 6 1 .:"3300 $600 $900 $1,200 co ? '`x644 $1,200 $1,799 $2,399 6 . 3 ..' $900 81,799 82,699 $3,599 5 $25,,.) $500 $750 $500 $1,000 $1,499 $750 61,499 32,249 .$ t , 000 $1,999 $2,999 `51,250 $2,499 $3 ,749 61 , 499 32,999 $4,498 6 $300 $600 $900 560t.) TL 1200 51,799 $900 51,799 32,699 $ t ,200 $2,399 $3 , 599 $1,499 $2,999 $I1 ,498 -Ti 1 , 799 $3,599 $5,398 PROPOSAL D SUPPORTED BY THE COMMERCIAL AND INDUSTRIAL RATE CUSTOMERS AT THE LEVEL OF $1.00 PER HOUSF.lIOLD EARYARD BICE 1 can 2 cans 3 cans Regular Qualif ied Kate Exemption 9.50 7.10 12.65 10.30 15.80 13.40 $8.50 per 90 gallon waste cart In this proposal, $1.00 per household is paid by the commercial and industrial rate customers. This w i 11 add $.46 per cubic yard to each yard of service commercial and industrial rate customers pay. Commercial and industrial rates must be adjusted to compensat% for increased collection costg,-gs needed and the increased dumP pL `-, PROPOSAL D $229 NO. OF COLLECT ICONS PER WEEK COMMFRICA!_ B73,F5 AND iHDlJSTRIAt- SUPPORT - LEVEL OF b1.00 PER HOUSEHOLD S I 2E OF 1\10. OF CONTAINER CONTAINERS 1 2 3 4 1 1 `546 $92 $ 138 $183 1 1 2 $92 $183 $275 6367 1 3 $ t 38 $P75 8413 6550 2 L $92 $ 1 33 $275 $367 2 2 $183 8367 $550 1734 �yt 2 3 $275 $550 $825 $1,101 ' 3 1 $138 8275 $413 $550 3 2 $2755`.10 $825 $1 , 1 O l r; 3 3 $413 $825 31,238 $1,651 4 1 $183 $367 8550 $734 t . ,.; 4 2 $367 8734 $1,101 11,468 4 3 8550 $1,101 $11651 $2,201 rt 5 1 $229 8459 $688 $917 5 2 8459 $917 $1,376 $1,834 - S 3 $688 61,376 $2 ,064 $2,752 6 1 $275 $550 $825 $1,101 6 $550 $1,101 $1,651 $2,201 # 6 3 $825 `51,651 $2,476 $3,302 1 'ROLL -OFF DEPARTMENT -RATES $4`79 $J_i() $91'7 T-1 , 101 $1,376 61,551 $688 $825 D1,376 $1,651 `52,064 $2,476 $917 $1,101 $1,834 $2,201 $2,752 03,302 $ 1, 147 $1,376 $2,293 $2,752 83)440 84,127 $ 1 ,'376 $1,651 $2,752 $3,302 $4,127 84,953 ---------------------- 16 20 25 30 35 40 (' CUBIC YARD CUBIC YARD CUBIC YARD CUBIC YARD CUBIC YARD CUBIC YARD 5353.32 a/404 .37 6 $229 '6275 -B459 Z550 $698 B73,F5 $4`79 $J_i() $91'7 T-1 , 101 $1,376 61,551 $688 $825 D1,376 $1,651 `52,064 $2,476 $917 $1,101 $1,834 $2,201 $2,752 03,302 $ 1, 147 $1,376 $2,293 $2,752 83)440 84,127 $ 1 ,'376 $1,651 $2,752 $3,302 $4,127 84,953 ---------------------- 16 20 25 30 35 40 (' CUBIC YARD CUBIC YARD CUBIC YARD CUBIC YARD CUBIC YARD CUBIC YARD 5353.32 a/404 .37 REARYARD SERVICE E [AL AND INDUSTRIAL rEL OF $2.00 PER HOUSEHOLD Regular Qua lined Rate Exemption I can 8.50 6.40 2 cans 11.65 9.55 3 cans 14.80 12.70 5 6 $239 $287 $479 $574 $718 8861 11479 $+57{+ $957 61,149 1 '4436 11. 1 ,72:? $718 $861 61,436 $1,723 $2,154 $2,584 4957 $1,149 31,914 22,297 82,872 9,3,z+46 31,196 $1,436 $2,393 $ca. , 8722 $3,589 $4,307 $1 ,436 41 , 723 $2,872 $4,307 $5, 169 -- 16 20 25 30 35 (40 CUBIC YARD CUBIC YARD CUBIC YARD CUD I C YARD CUBIC YARD CHB 1 C YARD E COMMERCIAL. 8 INDUSTRIAL SUPPORT - PROPOSAL E- LEVEL tit. $169.13 $211.41 5,266 .26 $317.12 9 $369.97 $422.62 PROPOSAL E NO. OF COLLECTIONS PER WE[ - :.COMMERICAL AND INDUSTRIAL_ SUPPORT - LEVEL OF $2.00 PER HOUSEHOLD .SIZE" OF NO-. OF "CONTAINER CONTAINERS 1 2 3 4 1 1. X48 $96 $144 $191 1 2 $96<$191 $287 4383 } 1 3 $144 `.4287 9431 $574 2 1 $96 4191 $2B7 $383 2 2 $191 $383 $574 3766 2 3 $287 4574 $861 $1,149 3 1 .$144 $287 B431 3574 3 2 $287 9574 $861 31,149 3 3 $431 $861 $1,292 81,723 r �+ 1 4191 $383 $574 $766 4 2 5383 $766 31,149 81,532 4 3 $574 $1,149 41,723 $2,297 5 1 $239 8479 $718 $957 5 2 Scs79 8957 $ 1 , 436. 81,914 5 $718 $1 , 436 $2,154 $2.872 6 1 -287 $5)74 $e61 $1 , 149 6 $5744 41,149 41,723 $2,297 6 3 $861 $$1,723 1^2,5814 $3,446 ".. ROLL OFF DEPARTMENT -HATES 5 6 $239 $287 $479 $574 $718 8861 11479 $+57{+ $957 61,149 1 '4436 11. 1 ,72:? $718 $861 61,436 $1,723 $2,154 $2,584 4957 $1,149 31,914 22,297 82,872 9,3,z+46 31,196 $1,436 $2,393 $ca. , 8722 $3,589 $4,307 $1 ,436 41 , 723 $2,872 $4,307 $5, 169 -- 16 20 25 30 35 (40 CUBIC YARD CUBIC YARD CUBIC YARD CUD I C YARD CUBIC YARD CHB 1 C YARD E COMMERCIAL. 8 INDUSTRIAL SUPPORT - PROPOSAL E- LEVEL tit. $169.13 $211.41 5,266 .26 $317.12 9 $369.97 $422.62 CITY COUNCIL EVELYN M11 OLSON. Mayor JOHN R. (Randy) SNIDER Mayor Pro Tempore DAVID Ni HINCHMAN JAMES W- PINKERTON, jr. FRED M. REID CEO CITY OF LORI CITY HALL, 221 WEST PINE STREET CALL BOX 3006 LOD1, CALIFORNIA 95241-1910 (209)334-5634 TELECOPIER (209) 3336795 January 22, 1988 1V1r David Vaccarezza Sanitary City Disposal 1102 North Cluff Avenue todi, CA 95240 Dear Mr. Vaccarezza: THOMAS A PETERSON City Manager ALICE NA REIMCHE City Clerk RONALD M STEIN City Attorney Enclosed herewith, please find certified copies of the following Ordinances which were introduced at the council meeting of January 6, 1988 and were subsequently adopted at the council meeting of January 20, 1988. Ordinance Ma 1412 Ordinance No. 1413 Ordinance No. 1414 Should you have any questions regarding this matter, please do not hesitate to call this office. Very truly yours, Alice M. Reimche City Clerk AMR: j j Enc. a ORDINANCE NO. 1412 AN ORD OF THE LODI CITY COUNCIL AMENDING LODI h:UNICIPAL CODE CHAPTER 13.16, SECTION 13.60.030 REGARDING RESIDEINTIAL SOLID WASTE COLLECTION MONITHLY PATES 6E IT ORDAINED BY THE LGDI CITY COUNCIL. SECTIOP+ 1 Lodi Municipal Code Chapter 13.15, Section 13.60.030 Solid baste as it relates to residential solid waste collection monthly rates is hereby amended to read as Follows: "13.16.030 Monthly rates. "A. The monthly rates to be charged for garbage collection service shall be as follows: 1. For any private dwelling house or residence, the rate for one weekly garbage collection shall be: a. For the first container of thirty gallons or less and not to exceed sixty pounds, seven dollars; b. For each additional container of thirty gallons or less and not to exceed sixty pounds, four dollars and fifty cents. C. For a 90 gallon waste cart, to be supplied by the garbage collector, eleven dollars and fifty cents; "2. Owners of flats, apartments, mobile home spaces or the tenants or lessees thereof shall pay an amount equal to seven dollars times the number of apartment units or mobile home spaces owned. Bin service requested shall be charged at the Class B Commercial rate, but in no event shall the City bill the tenants more than the single can rate. "B, All of the rate schedules set out in this section shall be effective on all bills which are prepared on or after March 1, 1988". SECTION 2. All ordinances and parts of ordinances in conflict herewith are repealed insofar as such conflict may exist, SECTION 3. This ordinance shall be published one time in the "Lodi News Sentinel", a daily newspaper of general circulation printed and published in the City of Lodi and shall be in force and take effect thirty days from and after its passage and approval. Approved this 20th day of January 1988 EVELYN M. OLSON Mayor Attest: ALICE M. REIMCHE City Clerk State of California County of San Joaquin, s s . I, Alice M. Reimche, City Clerk of the City of Lodi, do hereby certify that Ordinance No. 1412 was introduced at a regular meeting of the City Council of the City of todi held January 6, 1988 and was thereafter passed, adopted and ordered to print at a regular meeting of said Council held January 20, 1988 by the following vote: Ayes : Council Members - Hinchman, Pinkerton, Reid and Snider (Mayor Pro Tempore) Noes : Council Members - None ACk Ash', I further certify that Ordinance No. 1412 was approved and signed by the Mayor on the date of its passage and the same has been published pursuant to law. ALICE M. REIMCHE City Clerk Apprcgd as to Form RONALD M. STEIN City Attorney ORDINANCE NO. 1413 A14' ORDINANCE OF THE LODI CITY COUNCIL A'iEI D1P;G LODI NUN'ICIPAL CODE CHAPTER 1-3.16, SECT T014 13.60.030 REGARDING C0•,',ERCIAL SOLID WASTE COLLECTION MONTHLY RATES BE IT ORDA 'NIED BY TRt. LODI CICOUNCIL. SEC -110 1. Lodi 1101unicipal Code Chapter 13.16, Section 13.60.030 Solid Waste as it relates to commercial solid waste collection monthly rates is hereby amended to read as follows: "13.16.030 Monthly rates. "A. The monthly rates to be charged for garbage collection service shall be as follows: 113. For owners or tenants of business houses, the monthly rates shall be: a. Class A commercial collection service which exceeds the capacity of one six -cubic -yard container: i. Sixteen yards to forty yards, five dollars and thirty-six cents per yard, ii. Compacted loads, nine dollars and four cents per yard; b. Class 8 commercial collection service when required either daily or weekly and the waste can be accommodated by a one -cubic -yard to six -cubic -yard container service: -I- �k:31M.'��+W+aE+}0h'PMac2P/nRMv1V.'A•f.%�'F++N^+�•.+na.W�.e+-+•.u....+.n ✓.:... 'v ...: ............ . . n � a.:: a ' :v <_y..sur,...,�...uvi:a'x.'ti�1c:+v'.:.YY+ifd�.v:.�dtv.�.�.fi. S:lM.r:..�n... '. � .. I R WINAL 1 OERVILL. YORDO A hS,fa L 01. 55 1 L4". 06 NAO .26 *2 ty. 24 V201. 40 XE?. 23 a 14v. To "MY 16 05 WOO. V4 t 4 "Noq, 44 417 .4 i ZQ4�. 17 $80404 J. 7 s20K72 s3so.0 .1561.70 *741.00 S92XI39 01,100,01 1026.67 Wsm.62 W,OZa.N9 51,2wo,sl 9 $250.93 117� No 0645-58 5900.26 $1,155.44 11,360,95 j sadt! $21.14 146A8 &6q - so. 190.62 111MO 1140,PO 2 .1 F -69.2S j 1�1149.13 $210.26. *33613R 2 035,01 0212.331 .$274.85 : -462.09 $67B.5Z �-j 1959.40 2 $227.76 1426.VB W25,56 11;240,32 2 .4 5 $273.91:. 15102& *7M -1 "0"7 St C23.91: MW 11,272.52 *1,521.20 2....6 *12Q.2- SQ02.07 .2 ..7.: W 0-1-021.1164- *LIZ9011111W1740.62� ctQWZ.95V�j .2 a 12 =f7 V1n%sR;7Q Q80;12 11,58P,49 �4 r_ 77 SAW S1431"WWAIA1,772.97, $21208.721 Z2, 7P 2 addty�z 47060p,� �$72.Qf SK 25 $280187 • 3 SWAM S L95,90�, 02791. WNW. 1 JjQs. 41 1453.29, 1*13PA41 158 N W- V Awyvqw. 456044 -3 `0 76"Q 11J S902.YU '02.12 $2188.. SIR, - $1, 3 So -a 17- 63,�$212084' F'4 4 W7 .. 7. 0 C, W10, Wnli 03W., 510 0 "PS S3,660.16 .. ... 4*666YIN"" -;0 4 6- WOMW n jgy;262;27 S3,908.8m 3 addt I B 4qz�S1QM5j TWA �1!121" 3 1 A Jim 73 *396.00 2,..-- 3., 6254,42.,.-Q, 4364117 !„.7. SIOW 129' 76 9 A 40 MTV A 1 705 t2l 03V or Wy 7 00 -U 308-03, moll.. AL, 576. Ods - v 4 j.. maw. qjqq; SW5 7672-"-J"V�� '4'w. - Wo -P W! TWA,4; _ - _ . q � .k ;_y(1.!, r.i. .c 's=r�,—.. - tet:`... _ •- •1 '- ' t, is .k�.ri ., z.. �F)_, a 2 :.:i4 .i, c. Class C commercial collection service when required either daily or weekly and the waste can be accommodated by cne to six thirty -gallon cans not to exceed sixty pounds per can, or one 90 gallon waste cart: Class C Commercial Collection Service No. of PICKUPS PER WEEK Containers 90 GALLON WASTE CART 1 $11.50 523.00 $34.50 S46.00 $57.50 $69.00 B. All of the rate schedules set out in this section shall be effective on all bills which are prepared on or after March 1, 1988." SECTION 2. All ordinances and parts of ordinances in conflict herewith are repealed insofar as such conflict may exist. SECTION 3. This ordinance shall be published one time in the "Lodi News Sentinel", a daily newspaper of general circulation printed and -4- I 2 3 4 5 6 I $ 7.00 $14.00 $21.00 $ 28.00 $ 35.00 S 42.00 2 11.50 23.00 34.50 46.00 57.50 69.00 3 16.00 32.00 48.00 64.00 80.00 96.00 4 20.50 41.00 51.50 82.00 102.50 123.00 5 25.00 50.00 75.00 100.00 125.00 150.00 6 29.50 59.00 88.50 118.00 147.50 177.00 90 GALLON WASTE CART 1 $11.50 523.00 $34.50 S46.00 $57.50 $69.00 B. All of the rate schedules set out in this section shall be effective on all bills which are prepared on or after March 1, 1988." SECTION 2. All ordinances and parts of ordinances in conflict herewith are repealed insofar as such conflict may exist. SECTION 3. This ordinance shall be published one time in the "Lodi News Sentinel", a daily newspaper of general circulation printed and -4- published in the City of Lodi and shall be in force and take effect thirty days from and after its passage and approval. Approved this 20th day of January, 1988 ~i C E'lELYt; ; OLSON t•�ayor Attest: ALICE M. REIMCHE City Clerk State of California County of San Joaquin, s s . I, Alice M. Reimche, City Clerk of the City cf Lodi, do hereby certify that Ordinance No. 1413 was introduced at a regular meeting of the City Council of the City of Lodi held January 6, 1988 and %•ras thereafter passed, adopted and ordered to print at a regular meeting of said Council held January 20, 1988 by the following vote: Ayes: Council Members - Hinchman, Pinkerton, Reid and Snider (tl ayor Pro Tempore) Noes : Council Members - None Absent: Council Members - Olson (Mayor) Absta in: Council Members - None I further certify that Ordinance No. 1413 was approsed and signed by the Mayor on the date of its passage and the same has been published pursuant to law. 1 , ALICE M. REIMCHE City Clerk Approved as to Form FLDROM. STEIN City Attorney EA ORDINANCE K0. 1414 AN ORDINANCE OF THE LODI CITY COUNCIL AMENDING CHAPTER 13.16.070 RELATING TO PERP1IT TO REMOVE SOLID WASTE EE IT ORDAIl;ED BY THE LODI CITY COUNCIL. SECT10IN 1. Chapter 13.16.070 relating to solid waste reroval by oviner with permit, is hereby amended to read as follows: "13.16.070 Removal by owner -Permit. "Every owner of garbage shall have th right to remove th same, but it is unlawful for any person to remove garbage front more than one place, and no person, other than the regular garbage collector of the city, shall remove any garbage over any o f the streets of the city without obtaining a permit to do so. Such permits shall be issued by the city finance director or the city finance director's designee on application and on the payment of an amount which shall be equal to the amount charged for the residential 1 can monthly rate, calculated for no less than cne calendar year, beginning January 1st." SECTION 2. A17 ordinances and parts of ordinances in conflict herewith are repealed insofar as such conflict may exist. SECTION 3. This ordinance shall be published one time in the "Lodi Nms Sentinel", a daily newspaper of general circulation printed and 5S� published in the City of Lodi and shall be in force and take effect thirty days fron and after its passage and approval. Approved this 20th day of January 10,88 EVELY' Ili, OLSON Payor Attest: ALICE i'. REIMCHE City Clerk State of California County of San Joaquin, ss. I, Alice M. Reimche, City Clerk of the City of Lodi, do hereby certify that Ordinance No. 1414 was introduced at a regular meeting of the City Council of the City of Lodi held January 6, 1988, and was thereafter passed, adopted and ordered to print at a regular meeting of said Council held January 20, 1988, by the following vote: Ayes : Council Members - Hinchman, Pinkerton, Reid and Snider (Mayor Pro Tempore) Noes : Council Members - Norge Absent: Council Members - Olson (Mayor) Abstain: Council Members - None I further certify that Ordinance No. 1414 was approved and signed by the Mayor on the date of its passage and the same has been published pursuant to law. ALICE M. REIMCHE C i ty Clerk ApaNSTEIN to Form i RON City Attorney