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CITY COUNCIL AGENDA ITEM NO. 2

Meeting Date: June 10, 2003

Subject/Title: Second reading and adoption of Ordinance No. 747 adopting an Annual Water Service Standby Charge on Vacant Parcels of Land within the City Limits

Submitted by: Engineering: B. Grewal/D. Galey

Approved by: John Stevenson, City Manager

RECOMMENDATION
Waive the second reading and adopt Ordinance No. 747 adopting an Annual Water Service Standby Charge on Vacant Parcels of Land within the City Limits.

PREVIOUS ACTION
On May 27, 2003, the City Council waived the first reading and introduced Ordinance No. 747 adopting an annual water service standby charge on vacant parcels of land.

City Council Resolution No. 90-143 was approved on July 24, 1990 to establish the water stand-by charge.

BACKGROUND
Adoption of this ordinance will enable the City to levy an annual water stand-by, or availability, charge of $60.00 to assure future service of water and related functions on vacant parcels of land. These charges per this Ordinance will be in compliance with California Government Code Section 28743 and Health and Safety Code Section 5471.

FISCAL IMPACT
It is estimated revenue collected for the Water Service Standby Charge will be $108,000.00 for FY2003-04.

Attachments:
Ordinance
ORDINANCE NO. 747

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BRENTWOOD ADOPTING AN ANNUAL WATER SERVICE STANDBY CHARGE ON VACANT PARCELS OF LAND WITHIN THE CITY LIMITS

WHEREAS, Section 38743 of the California Government Code allows the establishment of an annual water service standby charge; and

WHEREAS, Health and Safety Code Section 5471 allows the establishment of fees for services and facilities furnished in connection with sanitation systems; and

WHEREAS, in previous years the charge has been established at sixty dollars ($60.00) per vacant parcel; and

WHEREAS, the City has studied the charge per parcel and has concluded that the charge does not exceed the reasonable cost of making available water service and facilities to vacant properties; and is proportionately representative of the costs incurred by the City and the special benefit conferred on each parcel; and

WHEREAS, the annual water service standby charge is imposed exclusively to finance the capital costs or maintenance and operation expenses for the City’s water facilities; and

WHEREAS, this annual water service standby charge is an existing assessment under Article XIII D, Section 5(a) of the California Constitution and is therefore exempt from the procedural and approval process set forth in Section 4 thereof.

NOW, THEREFORE BE IT RESOLVED by the City Council of the City of Brentwood, that the annual water service standby charge of sixty dollars ($60.00) per vacant parcel is hereby assessed on those vacant parcels within the City limits.

PASSED, APPROVED AND ADOPTED by the City Council of the City of Brentwood at a regular meeting on the 10th day of June 2003 by the following vote:

City Administration
City of Brentwood City Council
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