Ordinance 1981-09548~A-20~a.
WMAM:SSD:ha~
02~12/8~
ORDINANCE NO. 81 - 9
AN ORDINANCE AMENDING DIVISION 3,
INDUSTRIAL SEWER CHARGES, OF ARTICLE III,
INDUSTRIAL SEWER SYSTEM, OF CHAPTER 19,
SEWERS AND SEWAGE DISPOSAL, OF THE
GILROY CITY CODE
The City Council of the City of Gilroy does ordain as follows:
Section 1. Division 3, Industrial Sewer Charges, of
Article III, Industrial Sewer System, of Chapter 19, Sewers and Sewage
Disposal, of the Gilroy Municipal Code is amended to read:
Division 3. Industrial Sewer Charges
Sec. 19.28. Charges for industrial sewer services.
Charges for the making available and the providing by
the city of an industrial wastewater collection,
treatment and disposal service shall be as fixed from
time to time by resolution of the council, a copy of
which shall be kept on file at the office of the city
clerk.
Sec. 19.29. Types of industrial sewer charges.
Charges i'nc~ude serviCe charges, sta~bY Charges and
right of use charges.
Sec. 19.30. Service charges - Basis.
Service c~'ges shall be established for services
rendered, using the criteria of biochemical oxygen
demand ("B.O.D."), suspended solids ("Solids" or
"Silt"), and effluent flow ("Flow").
Sec. 19.31. Same - B.O.D. and Solids.
Samples o~--I-~dus'trial waste discharged shall be
taken, under the direction of the director, during
each calendar month that an industrial user is in
actual operation and discharging industrial
wastewater, and analyzed for B.O.D. and Solids. The
average of the B.O.D. and Solids (in parts per
million) of all samples in any month shall be the
B.O.D. and Solids for that month.
Sec. 19.32. Same - Flow.
Any indust--~l user may select as its effluent flow
either industrial waste discharged (in metered cubic
feet) or eighty per cent of water consumption (in
metered cubic feet in excess of 20,000 cubic feet per
month.
~ ORDINANCE NO. 81- 9
Sec. 19.33. Flow metering - Generally.
(a) If the user selects industrial waste discharged
as the basis for effluent flow,.the user shall
install at its expense a sewage meter on each
industrial waste line which discharges into the
industrial sewer system.
(b) If the user selects water consumption as the
basis for effluent flow, and (1) the user uses city
water, the user shall be charged for the installation
of the water meter as set forth in Chapter 27, or (2)
the user uses other than city water, the user shall
install at its expense a water meter on all pumps
which supply water the discharge from which directly
or indirectly discharges into the industrial sewer
system.
Sec. 19.34. Same - Type, location and installation.
The type, location and ins~allati0n of 'all meters
shall be approved by the director.
Sec. 19.35. Same - Failure to install.
If the user does not install meters as directed by
the director, the director may, with the approval of
the council, install at the expense of the user a
sewage meter on each industrial waste line which
discharges into the industrial sewer system.
Sec. 19.36. Standby charges - General.
Standby charges shall be payable in the event service
is available from the city and is not received by an
industrial user during a calendar year in which bonds
issued pursuant to the City of Gilroy Sewer Revenue
Bond Ordinance for the industrial wastewater and
sewage collection, treatment or disposal facilities
or additions or improvements thereto are outstanding,
Sec. 19.37. Same - Basis.
The annual standby charge shall be based upon a ratio
computed for the latest calendar year that such
service is received by such user. The ratio is that
of the gross revenues of the city for such service
from such user to that of the gross revenues of the
city for such service from all users (including such
user) from which no standby charge was payable. Such
ratio shall be applied to the annual fiscal agent fee
and expenses, if any, and principal of and interest
on the bonds outstanding and maturing during
subsequent calendar years as reduced by any standby
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charges payable by another user the ratio of which is
computed for a calendar year preceding the calendar
year for which the ratio of such user is computed,
and the product is the standby charge of such user
for such calendar year.
Sec. 19.38. Service availability, rendition and receipt.
(a) Service shal~ be deemed to be available from the
city if the user can lawfully discharge wastewater
into the industrial sewer system within an aggregate
period of 2 months during a calendar year, shall be
deemed to be rendered by the city if the user does
discharge wastewater into such system at any time
during a calendar year, and shall be deemed to be
received by such user during such calendar year if
such user does discharge wastewater to such system
within an aggregate period of 45 days that such user
is in actual operation.during such calendar year.
(b) Neither the discontinuance of service nor the
discontinuance of city water service, to a user by
the city because of the failure or refusal of such
user to comply with provisions of law, including this
code, shall be deemed to make service unavailable
from the city to such user.
Sec. 19.39. Right of use charges.
Right of use charges shall be payable by industrial
users for which service becomes available, except
that successors by consolidation or merger of a user
which is not in default in compliance with provisions
of law, or assignees of all or substantially all of
the assets of a user which is not in default as
aforesaid and which assets are used or useful in the
business conducted at the premises of such user for
which service is available, shall not be required to
pay a right of use charge.
Sec. 19.40. Charge collection.
(a) Service charges shall be due on the first day of
the month succeeding the month in which service is
rendered and shall be delinquent the first day of the
next month thereafter, except that service charges
shall be recomputed within the last 3 months of each
calendar year, and such charges for services
rendered, together with the right of use and annual
standby charges, if any, shall be due by the 20th day
of November and shall be delinquent the 1st day of
December of each calendar year.
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(b) Ail types of charges, as defined in Section
19.29 hereof, which become delinquent, shall accrue
basic and additional penalties. The basic penalty
shall be 10% of the delinquent charges, and shall
attach the first day of the delinquency. The
additional penalties shall be 1/2 of 1% of the
delinquent charges and basic penalty per month, and
shall attach the 1st day of the month succeeding the
delinquency date and the first day of each month
thereafter.
(c) If the director is of the opinion that a deposit
is required to protect the interests of the city, he
may require a deposit not exceeding the estimated
amount of 1 year's charges before permitting the
discharge of wastewater into the industrial sewer
system, and that the deposit be maintained.
Sec. 19.41. Billings.
(a) Service charges including penalties thereon and
deposits, collected shall be together with and not
separately from the charges for domestic and
nonindustrial sewer service and the charges for city
water service, and all such charges shall be billed
monthly as a part of the same billing and collected
as one item.
(b) Service charges, standby charges and right of
use charges, as well as domestic and nonindustrial
sewer service charges and city water service charges,
shall be billed as follows:
(1) In the case of service charges, including
penalties and deposits, to the occupier of the
premises at the time service was rendered. The
occupier may be deemed, in the case of premises
connected to the city water system, to be the user
requesting such connection, or successor, or any
person requesting that billing be made to it. The
occupier may be deemed, in the case of premises not
connected to the city water system, to be the user
requesting the connection to the industrial sewer
system, or successor, or any person requesting that
billing be made to it.
(2) In the case of standby charges or right of
use charges, including penalties, and deposits, to
the owner of the premises at the time such charge
becomes due, or to the person guaranteeing payment of
charges.
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Sec. 19.41.1. Failure to pay charges.
Upon the failure to pay any charges prior to
delinquency, any one or more of the remedies provided
herein may, or where otherwise required, shall, be
taken by the city or city officials to enforce
payment.
Sec. 19.41.2. Action for unpaid charges.
The city may bring an action in any court of
competent jurisdiction, in the case of service
charges against the occupiers of the premises at the
time service was rendered, and in the case of standby
charges or right of use charges against the owners of
the premises at the time such charge became due, or
against any person guaranteeing payment of charges,
or against any or all of said occupiers, owners or
other persons, for the collection of the amount of
any required deposit or the collection of delinquent
charges and all penalties thereon.
Sec. 19.41.3. Charges to be a lien on premises.
(a) Delinquent charges and all penalties"thereon
when recorded as provided by subsection (b) shall
constitute a lien upon the real property (except that
no such lien shall be created against any publicly
owned property) and such lien shall continue until
the charges and all penalties thereon are fully paid
or the property sold therefor.
(b) The lien provided by subsection (a) shall attach
when the treasurer or other officer whose duty it is
to collect the charge records a list of delinquent
unpaid charges and penalties thereon with the county
recorder, stating the amount of each charge and the
penalty thereon, a description of the real property
upon which the same is a lien and that the amount is
payable to the City of Gilroy. Such lien shall have
the same force, effect, priority and duration as to
the property described as would the lien of an
abstract of a judgment against the owner of the real
property at the time such list is recorded and may be
enforced in like manner. Property may be discharged
from the lien within one year from the date of
recording by the payment of all delinquent charges
plus penalties. A list of all such delinquent
charges shall be recorded at least every six months,
but no delay or informality in recording the same
shall invalidate the lien or any unpaid charge or any
subsequent act or proceeding. If through error or
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otherwise the amount of any unpaid charge plus
penalties thereon as stated in said list shall be
incorrect, said error shall be disregarded and shall
not affect or invalidate the filing if said error is
one dollar ($1) or less.
Sec. 19.41.4. Action to enforce lien.
The city may bring an action'"in any court of
competent jurisdiction to enforce the lien of the
charge and all penalties thereon.
Sec. 19.41.5. Discontinuance of sewer and water service.
If all or any part Of a billing is not paid, the city
may discontinue any and all services, both sewer and
water, for which the billing is rendered. Whenever
sewer or water service to a premise has been
discontinued, such service shall not be reinstituted
until all charges billed as a part of the same
billing, including penalties, together with such
reasonable charges for reinstitution of such service
as may be fixed from time to time by the council,
have been paid.
Sec. 19.41.6. Remedies for collection and enforcement;
payment of costs.
Remedies for collecting and enforcing charges are
cumulative and may be pursued alternately, or any
thereof may be used consecutively when the council so
determines. The costs of collection and enforcement
of the remedies for the collection of charges may be
paid from the revenues. In any actions provided for
by Sections 19.41.2 or 19.41.4, the persons
delinquent or the liened premises, as the caSe may
be, shall also be liable for reasonable attorney's
fees and costs of suit.
Sec. 19.41.7. Sewer revenue agreements.
In the event the city proposes to issue or issues
bonds pursuant to the City of Gilroy Sewer Revenue
Bond Ordinance, in order to further secure such bonds
or tend to make them more marketable, the city and
users of the industrial sewer system may contract
with respect to the establishment and collection of
charges and other related matters, provided not
inconsistent with this article.
Sec. 19.41.8. Disposition of revenues.
In the event bonds pursuant to the City of Gilroy
Sewer Revenue Bond Ordinance are outstanding and not
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discharged, all charges received for, and all other
income and receipts derived from the operation of the
industrial sewer system or arising from such system,
shall be used and applied as provided in the
proceedings pursuant to which such bonds are issued.
In the event amounts are transferred to the city
pursuant to such proceedings, such amounts shall be
transferred to the general fund of the citY to be
used toward the expenses of maintaining and operating
the industrial and sanitary sewer systems.
This Ordinance is necessary as an emergency measure for the
preservation of the peace, public health and safety. The reasons
therefor are that the City has been cited for violation of the
regulations of the Bay Area Air Pollution Control District relating to
odor from industrial wastewater treatment system, and improvements
thereto must be immediately financed in order to meet such regulations.
This Ordinance is a revenue measure to provide funds therefor and for
other improvements to accomplish said purposes which are needed to be
undertaken before the Ordinance would otherwise become effective.
This Ordinance shall be introduced and adopted at one and the
same meeting and shall take effect upon adoption.
PASSED AND ADOPTED this 2nd day of March, 1981, by the following vote:
AYES:
NO ES:
ABSENT:
ATTEST:
/ Cit~ Cl~rk ~
COUNCIL MEMBERS:ALBERT, CUNNING~t~M,~UGNAN' LINK, PATE, TAYLOR an~
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COUNCIL MEMBERS.None -- /./..~~. .. /_ .......
COUNCIL MEMBERS:None - /~ayor of the City of GilrO~
(SEAL)
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I, SUSANNE E. STEINMETZ, City Clerk of the City of Gilroy, do
hereby certify that the attached Ordinance No. 81- 9 is an original
Ordinance duly introduced and adopted at a regular meeting of the
Council of the City of Gilroy held on the 2nd day of March ,
19 81, by at least five affirmative votes.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the
official seal of the City of Gilroy, this 3rd day of March ,
19 81 .
City Clerk of t~e City of G~I~6Y
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