O R D I N A N C E NO. 156
ORDINANCE OF THE MONTARA WATER AND SANITARY DISTRICT RESTATING AND AMENDING MASTER FEE SCHEDULE

WHEREAS, the Montara Water and Sanitary District Code (MWSD Code) includes regulations governing connections to and use of the District’s water and sewerage facilities, the construction, operation and maintenance thereof and for the establishment and collection of all fees and charges pertaining thereto; and

WHEREAS, said Code further provides for the establishment and collection of monthly rates to be charged for the collection, removal, and disposal of refuse and for recycling services performed by the District’s franchisee under agreement with the District; and

WHEREAS, said Code provides that such fees and charges may be set forth in a Master Fee Schedule; and

WHEREAS, periodically such fees and charges are reviewed and adjusted to conform to the costs corresponding to the services, commodities and facilities to which they pertain; and

WHEREAS, the fees and charges pertaining to water and sewer services and facilities set forth herein do not exceed the corresponding maximum amounts heretofore approved in accordance with the requirements of law including, to the extent applicable, the provisions of Section 6 of Article XIII D of the California Constitution (enacted by Proposition 218, November 6, 1996 Statewide election); and

WHEREAS, a notice was published twice in the Half Moon Bay Review, a newspaper of general circulation, giving notice of a public hearing to consider adoption of the herein revised Master Fee Schedule; and

WHEREAS, on June 18, 2009 a public hearing upon the proposed fees and charges set forth in Sections 1 – 4 hereof was held by this Board and all persons present at the hearing and interested in the matter were heard or given the opportunity to be heard on the enactment of said fees and charges;

NOW, THEREFORE, THE BOARD OF THE MONTARA WATER AND SANITARY DISTRICT, A PUBLIC AGENCY IN THE COUNTY OF SAN MATEO, CALIFORNIA, DOES ORDAIN AS FOLLOWS:

SECTION 1. The following provisions of the Master Fee Schedule are hereby amended and enacted:

SEWER SERVICE CHARGE RATES

The annual sewer service charge for property occupancy uses corresponding to the categories specified hereinafter, shall be, and is hereby established as an amount equal to the applicable rate hereinafter specified times the cubic feet of water consumption attributable to such property per annum divided by one hundred (MWSD Code §4-2.100).

ClassificationRate/HCF*Minimum Charge
Residential$30.42$486.72
Restaurants $55.18 $882.88
Motels $32.70 $523.20
Offices $26.89 $430.24
General Commercial $29.14 $466.24
All other Commercial $31.70 $507.20
Schools $27.38 $438.08
Hospitals $30.60 $489.60
*Hundred cubic feet

Upon new connection to the District’s sewerage system, the applicant shall pay the pro-rated amount of sewer service charges for the remainder of the fiscal year in which connection is made based upon the average annual sewer service charge of all users within the applicant’s user classification.
(MWSD Code §4-2.100(f))

SECTION 2. The hereinafter described fees are revised as follows:

Description of Fee*Fee
Sewer Connection Permit
(MWSD Code §3-9.500)		$20,423
Fixture Unit Charge
(MWSD Code §3-9.500)		$817
Sewer Connection Permit for Conversion from Septic System to Sewerage System
(MWSD Code §§3-4.800, 3-9.500)		$12,975
Fixture Unit Charge—Conversion from Septic System to Sewerage System
(MWSD Code §§3-4.800, 3-9.500)		$519
Sewer Connection Permit for Second Dwelling Units—FixtureUnit Charge
(MWSD Code §3-10.200)		$519
Connection Permit Administrative Fee
(MWSD Code §3-9.600,)		Actual Cost
($409 minimum)
Connection Permit Inspection Fee
(MWSD Code §3-9.600,)		Actual Cost
($387 minimum)
Remodel Permit Fee
(MWSD Code §3-9.500)		Actual Cost
($286 minimum)
Private Sewer System Permit
(MWSD Code §3-4.200,)		Actual Cost
($132 minimum)
Private Sewer System Deposit for Hydrologic Investigation
(MWSD Code §3-4.1200 (c))		Actual Cost
($2,313 minimum)
Connection Permit Administrative Fee - Subdivisions & Commercial Units
(MWSD Code §3-9.600,)		Actual Cost
($409 minimum)
Connection Permit Inspection Fee - Subdivisions & Commercial Units
(MWSD Code §3-9.600,)		 Actual Cost
($387 minimum)
Administrative Fee for Reimbursement Actual Cost Agreement
(MWSD Code §3-9.500)		 Actual Cost
($409 minimum)
Administrative Fee for Main Line Extension Agreement
(MWSD Code §3-9.500)		 Actual Cost
($409 minimum)
Connection Fee to Connect to Interceptor
(MWSD Code §3-9.500)		 Prorata share of current value of interceptor
Miscellaneous Inspection Fee
(MWSD Code §3-9.500)		 Actual Cost
($387 minimum)
Second Unit Connection Fee—Studio Unit (10 fixture units)
(MWSD Code §3-10.200)		 $8,171
Second Unit Connection Fee—One Bedroom Unit (11 fixture units)
(MWSD Code §3-10.200))		 $8,988
Second Unit Connection Fee—Additional Fixture Units
(MWSD Code §3-10.200)		 $817
Second Unit Permit Application Fee
(MWSD Code §3-10.400)		 Actual Cost
($409 minimum)
Developer Service Fee:
(MWSD Code §§5-3.102, 5-3.210)		 $2,213 minimum deposit against which all District costs to process application are charged.
PROPERTIES IN SEAL COVE ASSESSMENT DISTRICT
(i) Reimbursement to District for Class 1 undeveloped properties. To be determined by Board
(ii) Reimbursement to District for Class 4 undeveloped properties. To be determined by Board
(iii) Reimbursement to District for Class 5 undeveloped properties. To be determined by Board
(iv) Credit offset to Sewer Connection Charge for Class 2 undeveloped properties. To be determined by Board
 
Administrative Charge for Processing Collection of Delinquent Refuse and Water Charges On Tax Roll
(MWSD Code §1-5.200)		 $35 per account
Charge to Photocopy Documents $1.17 per page for first four pages; $0.29 for each page over four.
Charge for Failure to Obtain Permit
(MWSD Code §1-5.200)		 Double amount of Permit Fee, minimum (actual collection costs, if in excess of minimum)
*Where minimums or deposits are specified, no District services will be provided when the estimated costs to complete the services exceed the minimum paid or when the deposit has been exhausted unless and until an amount equal to the estimated cost for completion has been deposited with the District. Balances remaining upon completion of services will be refunded.

SECTION 3. The hereinafter described fees are revised as follows:

WATER RATES.

Quantity Rate per Hundred Cubic Feet of Water (HCF), Tier 1:$5.240 for 0 to and including 19 HCF.
Quantity Rate per Hundred Cubic Feet of Water (HCF), Tier 2:
(MWSD Code §5-5.102)		$7.393 for 20 HCF and above.
Service Charge Per Meter Per Month: (MWSD Code §5-5.102)
5/8 x 3/4–inch meter:$35.05
3/4-inch meter:$41.81
1-inch meter:$56.91
1 1/2-inch meter: $76.02
2-inch meter:$102.70
3-inch meter:$189.99
4-inch meter:$258.41
Private Fire Protection Per Meter Per Month:(MWSD Code §5-5.106)
4-inch connection or smaller:$13.89
6-inch connection:$19.69
8-inch connection:$26.24
10-inch connection:$55.31
12-inch connection:$77.18
Private Fire Protection Administrative Fee:* (MWSD Code §5-3.208)$409 minimum
Installation of Private Fire Protection Service from Meter to District Main:* (MWSD Code §5-5.204,) Cost invoiced to District
by contractor; estimated
cost to be deposited
Private Fire Protection Connection Charge (3/4” to 5/8” meter):$4,186
Private Fire Protection Connection Charge (1” meter):$6,990
Private Fire Protection Connection Charge (1 1/2 “ meter):$13,938
Private Fire Protection Connection Charge (2” meter):$22,309
Private Fire Protection Connection Charge (3” meter):$41,854
Private Fire Protection Connection Charge (4” meter):$69,776
Private Fire Protection Connection Charge (6” meter):$116,311
Private Fire Protection Connection Charge (8” meter):$193,890
Private Fire Protection Connection Charge (10” meter):$323,214
(MWSD Code §5-3.208)
 
Private Fire Protection Inspection Fee:* (MWSD Code §5-3.210)$387
 
Miscellaneous Service Fees:*
Check Not Honored by Bank:(MWSD Code §§1-5.200, 5-5.122)$22
Poor credit history deposit: (MWSD Code §§1-5.200, 5-3.210)twice estimated first payment
Reconnection Charge due to Non-Payment: (MWSD Code §§5-3.210, 5-5.120)$56
Developer Service Fee: (MWSD Code §§5-3.102, 5-3.210)$2,213 minimum deposit
against which all District costs
to process application are charged.
Hydrant Meter Deposit: (MWSD Code §5-4.227)$1,000 against which water use charged.
Service Charge for Posting Door Tag for Delinquent Account: (MWSD Code §§1-5.200, 5-3.210)$24 per customer per incident.
Credit for Customer paying bill using ACH: (MWSD Code §5-3.200)$1 per bill.
Service Charge for Unauthorized Use of Fire Hydrant: (MWSD Code §5-5.202)$118 per incident
plus actual water used plus damages.

    *Where minimums or deposits are specified, no District services will be provided when the estimated costs to complete the services exceed the minimum paid or when the deposit has been exhausted unless and until an amount equal to the estimated cost for completion has been deposited with the District. Balances remaining upon completion of services will be refunded.



    SECTION 4. The following provisions of the Master Fee Schedule are hereby restated:

    The monthly rates to be charged by the District’s Franchisee for the collection, removal, and disposal of refuse for all occupied premises (except agricultural premises) and recycling services within the District effective for the years indicated are:

    (MWSD Code §2-7.100)

    Description of Fees 2007 2008 2009 2010 2011
    RESIDENTIAL
    1. Weekly collection, single container placed in front of premises, wet and dry garbage ("first can" service):
    a. Container limits: volume - 20 gals. (3/10 cu. Yd.), weight--40 lbs.-per mo. $7.99 $8.71 $8.89 $9.06
      $9.24
    b. Container limits: volume - 30 gals. (1/4 cu. Yd.), weight--60 lbs.-per mo. $11.47 $12.50 $12.75 $13.00 $13.26
    2. Weekly collection, container(s) placed in front of premises in addition to initial ("first can") container, wet and dry garbage
    a. Container limits: volume - 30 gals. (1/4 cu. Yd.), weight-- 60 lbs.-per mo. $16.81 $18.32 $18.68 $19.06 $19.44
    3. Occasional collection(s) combined with weekly collections, but not on a regular, recurring basis: Container limits: volume 30 gals. (1/4 cu. Yd.), weight--60 lbs.
    a. Combined with 30 gal. first can service--per container $3.21 $3.50 $3.57 $3.64 $3.71
    4. Special Services (charges added to above, basic charges):
    a. Container placed at side or rear of dwelling--per container $2.96 $3.23 $3.30 $3.36 $3.43
    b. Container not placed at specified collection point and return call required--per container $6.06 $6.61 $6.74 $6.87 $7.01
    c. Excess volume charge for each gallon exceeding 30 gallon limit--per gallon $0.85 $0.93 $0.95 $0.97 $0.99
    d. Special collections combined with regular service, including collections for brush, yard clippings, boxes, etc. Estimate Estimate Estimate Estimate Estimate

    5. Twice-yearly "cleanup days" limited to nine (9) 30-gallons containers

    Reserved

    Reserved

    Reserved

    Reserved    		 Reserved
    6. Weekly recyclable materials collection No charge No charge No charge No charge No charge
    7. Twice monthly "greenwaste" (yard trimmings, etc.) collection, limited to four (4) 30-gallon containers bi-monthly No charge No charge No charge No charge No charge
    Description of Fees 2007 2008 2009 2010 2011
    8. Bulky Goods collection service, limited to three (3) times per year No charge No charge No charge No charge No charge
    9. Bulky Goods drop-off service, Montara/Moss Beach service area, limited to two (2) times per year No charge No charge No charge No charge No charge


    MULTIFAMILY, COMMERCIAL AND INDUSTRIAL SERVICE
    1. Service to restaurants, hotels, cafes, apartment houses, stores and similar places of business, factories, schools and institutions, wet and dry garbage--container limits: volume - 30 gal. cans (1/4 cu. Yd), weight--75 lbs.
    a. Regular collections:
    (1) 1 collection per week--per mo. $15.57 $15.88 $16.20 $16.52 $16.85
    (2) 2 collections per week--per mo. $32.49 $33.14 $33.80 $34.48 $35.17
    (3) 3 collections per week--per mo. $46.82 $47.75 $48.71 $49.68 $50.68
    (4) 4 collections per week--per mo. $60.96 $62.18 $63.42 $64.69 $65.99
    (5) 5 collections per week--per mo. $78.02 $79.58 $81.17 $82.79 $84.45
    b. Special Service--excess volume charge for each gallon exceeding 30 gal. limit--per gal. $1.00 $1.02 $1.04 $1.06 $1.08
    c. Occasional collection(s) combined with regular collections, but not on a regular, recurring basis:
    (1) Container limits: not applicable to can containers; weight --70 lbs.--per collection $15.62 $15.93 $16.25 $16.57 $16.90
    2. Commercial Container Rental:
    a. 1 cubic yard box--per mo. $22.80 $23.26 $23.73 $24.20 $24.68
    b. 2 cubic yard box--per mo. $29.58 $30.17 $30.77 $31.39 $32.02
    3. Commercial Container Collections:
    a. 1 cubic yard box--per collection $19.62 $20.01 $20.41 $20.82 $21.24
    b. 2 cubic yard box--per collection $39.02 $39.80 $40.60 $41.41 $42.24
    4. Compacted Commercial Container Service:
    Description of Fees 2007 2008 2009 2010 2011
    a. 1 cubic yard box--per collection $37.63 $38.38 $39.15 $39.93 $40.73
    b. 2 cubic yard box--per collection $76.00 $77.52 $79.07 $80.66 $82.27
    5. Special Services Requiring Use of Truck and Driver--per hour $127.73 $130.29 $132.89 $135.55 $138.26
    6. Recyclable material collection--as needed No charge No charge No charge No charge No charge

    SPECIAL PROVISIONS
    1. Senior Citizens weekly collection for single container placed in front of premises, wet and dry garbage ("first can" service):
    a. Container limits: 30 gal. (1/4 cu. Yd.) weight--60 lbs.--per mo. $8.66 $8.83 $9.01 $9.19 $9.37
    2. Collections requiring entry on private driveways:
    a. 1-30 ft. entry No charge No charge No charge No charge No charge
    b. 31-100 ft. entry--per mo. $2.98 $3.04 $3.10 $3.16 $3.22
    c. over 100 ft. entry--per mo.for each 50 ft. or portion thereof $4.46 $4.55 $4.64 $4.74 $4.83
    3. Administrative charge for processing the collection of delinquent refuse charges on the tax roll--per account $28.75 $29.33 $29.91 $30.51 $31.12
    4. Charge to photocopy documents--first page $1.15 $1.17 $1.20 $1.22 $1.24
    Each additional page $0.29 $0.29 $0.30 $0.31 $0.31

    SECTION 5. All ordinances or portions thereof in conflict herewith shall be, and hereby are, repealed to the extent of such conflict.

    SECTION 6. Upon adoption, this ordinance shall be entered in the minutes of the Board and posted for one week in three (3) places in the District and shall become effective immediately upon the expiration of one week following said posting; provided, that the provisions of Sections 1-3, inclusive, shall be operative retroactively with regard to services for which invoices are sent for billing cycles commencing immediately prior to the effective date hereof.

    _____________________________________

    President, Montara Water and Sanitary District

    COUNTERSIGNED:

    _____________________________________

    Secretary, Montara Water and Sanitary District

    * * *

    I HEREBY CERTIFY that the foregoing Ordinance No. 156 was duly and regularly adopted and passed by the Board of the Montara Water and Sanitary District, San Mateo County, California, at a meeting thereof held on the 18th day of June 2009, by the following vote:

      AYES, Directors:

      NOES, Directors:

      ABSENT, Directors:

    _____________________________________

    Secretary, Montara Water and Sanitary District