ITY APPROVED AS TO FORM ANt' LEGAL.

INTRODUCED BY COUNCILMAN

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83 ORDINANCE No. ' . ::";(

C. M. S.

AN ORDINANCE AMENDING SECTIONS 6- 7. 02 THROUGH 6- 7. 07 OF THE OAKLAND MUNICIPAL CODE INCREASING THE SEWER SERVICE CHARGES AND PROVIDING FOR COLLECTION BY WATER

COMPANY.

BE
as

IT ORDAINED

by

the Council

of

the City of Oakland

follows:

Sections 6- 7. 02 through 6- 7. 07 of the SECTION 1. Oakland Municipal Code are hereby amended to read as follows:
6- 7. 02 IMPOSITION OF SEWER SERVICE CHARGE. SEC. ot the District Every person in whose name sewage d1sposal serV1ce for the use of as herein a is granted shall pay provided charge the City. sewer facilities owned and operated by
One Dollar ($ 1. 00) per and applicable assessed, and family unit is hereby established the use of sewer for 1, 1968, and after to all billings from May of four or lE! SS for residential facilities premises consisting and due become shall Such payable upon receipt charge family units. to thE! City, be shall Such directly bill therefor. of paid charge bill. the directed as the District, or to upon
a)

monthly charge of

b) For premises not included in ( a) abov.~ a the cubic feet of water used on the premises, based upon charge and applicable to all billings for consumption cycles commencing 1968, will be made for the use of sewer facilion and after May 1, ties, which charge shall be computed and levied as follows:
Seven
cents ($ 0. 07)

for the month. per

feet

first

per 100 cubic 40, 000 cubic feet

Four

cents ($ 0. 04) per 100 cubic feet for over 40, 000 cubic feet up 400, 000 cubic feet per month.

to

Two

cents ($ 0. 02)
over

for
In
no

400, 000

per 100 cubic feet cubic feet per month.

case

One

00) Dollar ($ 1.

shall the total monthly per month.

charge be less than

The applicable volume of water upon ,~hich the charges established and assessed in subparagraph ( b) shall be based will be determined as follows:
1) For premises where no portion of the is consumed in manufacturing or is source from water received any other than sewers, the sewer means from the removed premises by

600- 1142

f1 In)

amount of vTater service charge shall be applied against the total for sevlage the District used from all sources, as ascertained by the City. within such District disposal service charges imposed by

where a portion of the into sewers, because flow water received from any source does not sewer service charge the of manufacturing or removal by other means, of water discharging from such shall be applied against the volume for sewage the District premises into sewers, as ascertained by the City. within said District service imposed by
2)
For

premises

disposal

charges

d) The charges established and assessed in subparagraph ( b) shall become due and payable on receipt of bill Such charges shall be paid directly to the City, or to therefor. the District, as directed upon the bill.

6- 7. 03 WHEN DUE. Upon the expiration of fifteen days after billing for sewer service charges as herein provided, the charges shall become delinquent if the bill, or that portion thereof which is not in bona fide dispute, remains unpaid.
SEC.

6- 7. 04 IMPOSITION OF A LIEN. Delinquent sewer to the City are hereby which are service charges payable dlrectly a connection to the served the real made a lien upon by property until the charges continue lien shall and such City sewer system are thereon fully paid.
SEC.
In addition to other remedies 6- 7. 05 REMEDIES. SEC. of water service in the discontinuance law including provided by action an with District accordance may be brought in procedure, the name of the City in any court of competent jurisdiction for the collection of delinquent charges and to enforce the lien of The remedies herein established shall be the charges thereon. cumulative and in addition to any or all other remedies available to the City for the collection of said charges.

The fund hereto6- 7. 06 SEWER SERVICE CHARGE FUND. SEC. established and known as the " Sewer SerVlce Charge Fund" is All moneys received from the charges established hereby continued. The moneys in shall be deposited in such fund. this Article by this fund shall be used only for the payment of costs of billing and collection by District, for the payment of the costs in connection with acquisition, construction, reconstruction, relocation, maintenance, operation and repair of the sewer facilities of the City and for the administration of this Article; provided, however, sition that the moneys in said fund shall not be used for the acqui. in unsewered areas. or construction of new sewer facilities
fore

The sewer service 6- 7. 07 PAYMENT. ENFORCEMENT. SEC. to the Treasurer of the be shall herein established pald charges City or to any other person authorized by the Council to receive It shall be the duty of the Treasurer to enforce payment thereof. collection of said sewer service charges, and to act as the representative of the City for liaison with the District in the disposition of disputed accounts and other matters relating to billing and collecting the sewer service charge by District.

SECTION 2.

This

ordinance

shall

take effect May 1,

1968.

2-

Said sections 6- 7. 02 through 6- 7. 07 hereinabove amended now read as follows: " 6- 7. 02 SEC. IMPOSITION OF SEWER SERVICE CHARGE. in whose name Every person sewage disposal service of the District is granted shall pay a charge as herein provided for the use of sewer facilities owned and operated by the City. ( a) A monthly charge of sixty cents ( 609) per family unit is hereby established and assessed for the use of sewer facilities for residential premises consisting of four or less family units. Such charge shall be billed each six months in advance. ( b) For premises not included in ( a) above a charge based upon the cubic feet of water used on the premises will be made for the use of sewer facilities, which Five cents charge shall be computed and levied as follows: 05) per 100 cubic feet for the first 40, 000 cubic feet per month. Three cents ($. 03) per 100 cubic feet for over 40, 000 cubic feet u~ to 400, 000 cubic feet per month. One and onehalf cents (~. 015) per 100 cubic feet for over 400, 000 cubic feet per month. In no case shall the total monthly charge be

less then sixty cents ( 609) per month. ( c) The applicable volume of water upon which the charges established and assessed in subparagraph ( b) shall be based will be determined as follows: 1) For premises where no portion of the water received from any source is consumed in manufacturing or is removed from the premises by means other than sewers, the sewer service charge shall be applied against the total amount of water used from all sources, as ascertained by the District for sewage disposal 2) service charges imposed by such District within the City. ( For premises where a portion of the water received from any source does not flow into sewers, because of manufacturing or the sewer service charge shall be applied removal by other means, against the volume of water discharging from such premises into sewers, as ascertained by the District for sewage disposal serd) The vice charges imposed by said District within the City. ( charges established and assessed in subparagraph ( b) shall be billed either monthly or bi- monthly in accordance with the WHEN SEC. 6- 7. 03 procedure in effect for District billings. DUE: PENALTIES FOR DELINQUENCY. Upon the expiration of thirty days after billing for sewer service charges as herein provided, the charges shall become delinquent if the bill, or that portion On thereof which is not in bona fide dispute, remains unpaid. be a basic there shall such delinquent charges penalty of . paid For each month. for the first ten per cent ( 10%) delinquent shall. there the remain month that additional delinquent charges be paid in addition one- half of one per cent per month for SEC. 6- 7. 04 non- payment of the charges and basic penalty. sewer service IMPOSITION OF A LIEN. charges and Delinquent real the a lien are made upon property served penalties hereby such lien shall sewer and to the a connection system City by continue until the charge and all penalties thereon are fully An action may be brought in the REMEDIES. SEC. 6- 7. 05 paid. name of the City in any court of competent jurisdiction for the collection of delinquent charges and penalties, and to The enforce the lien of the charges and penalties thereon. remedies herein established shall be cumulative and in addition to any or all other remedies available to the City for the collecSEWER SERVICE 6- 7. 06 SEC. tion of said charges and penalties. A fund to be known as the " Sewer Service Charge CHARGE FUND. All moneys received from the Fund" is hereby established. charges established by this Article shall be deposited in such The moneys in this fund shall be used only for the payment fund.

3-

of the costs in connection with acquisition, construction, r reconstruction, relocation, maintenance, operation and repai. of administration the and of the sewer facilities of the City this Article; provided, however, that the moneys in said fund shall not be used for the acquisition or construction of ne~' PAYMENT: 6- 7. 07 SEC. sewer facilities in unsewered areas. established herein service The sewer charges ENFORCEMENT. other shall be paid to the Treasurer of the City or to any thereof. receive to the Treasurer payment person authorized by of collection to enforce the Treasurer of the It shall be

said

sewer

service

duty charges."

APR 4
IN COUNCIL, OAKLAND, CALIF., ,

1969
19_

PASSED BY THE FOLLOWING VOTE: BINNS ENG vo( MAGGIORA, ~~ AYES .j BROM,~ m! l.

IQfI, OGAWA, OSBORNE, RlItmt, ROSE, PRESIDENT READING -

AND
L-/:

S'

NOES ABSENT - '--//

C-',>, ~/ d-;) l 4-<:<' k:

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CITY

CLERK AND :
THE

RK ~

THE
C

CDUN
LIF. /

IL' ./

OF

CITY OF OAKL.AND,

000- 242

Ill/ ool