Resolution 1844
RESOLUTION NO, 1844
RESOLUTION OF THE CITY COUNCI~ OE THE CITY OF GJLROY R~QUESTING
CONGRESS TO AMEND PUBLIC LAW Y2-~OU} SECTION 2UQ (b,) (1),
WHEREAS} Section 204 (b) (1) of Public Law 92-500 states that:
the Administrator shall not approve any grant for any treatment works
under Section 201 (g) (1) after March 1, 1973, unless he shall first have deter-
\I
mined that the applicant (A) has adopted or will adopt a system of charges to
assure that each recipient of waste treatment services within the applicant's
jurisdiction, as determined by the Administrator, will pay its proportionate
share of the costs of operation and maintenance (including replacement) of any
waste treatment services provided by the applicant. . .";
and
WHEREAS} the United States Comptroller General has interpreted Sec-
tion 204 (b)(l) to mean a charge to be assessed directly on each wastewater
contributor; and
WHEREAS} said interpretation precludes the use of ad valorem taxes
as a source of revenue for operation and maintenance of waste treatment faci-
1 it i es; and
WHEREAS} this resultant requirement for communities to develop the
necessary user charge system will add to wastewater treatment operating costs,
may delay approval of wastewater treatment construction grants, and reduces
the flexibility needed by communities to adapt programs to local conditions.
NOW} THEREFORE} BE IT RESOLVED that this Council hereby finds
that the requirement of Section 204 (b)(l) of Public Law 92-500, as interpreted
by the United States Comptroller General to preclude the use of ad valorem
taxes as a source of revenue for operation and maintenance of wastewater treat-
ment facilities, is counter-productive to the expeditious correction of pollu-
tion problems.
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RESOLUTION NO. 1844
',.
BE IT FURTHER RESOLVED that this Council hereby requests the
Congress of the United States to amend said Public Law so as to permit the use
of ad valorem taxes for funding operation and maintenance costs, provided it
can be demonstrated that charges are reasonably proportional to costs for ser-
vices.
BE IT FURTHER RESOLVED that the City Administrator is hereby
directed to forward certified copies of this resolution to the appropriate
Congressional Committee, the California Congressional delegation and interested
wastewater discharging agencies in the Region.
PASSED AND ADOPTED THIS 19th day of August, 1974, by the fol-
lowing vote:
AYES: COUNCIL MEMBERS: DeBELL, DUFFIN, HUGHAN, PATE, SILVA,
and GOODRICH.
NOES: COUNCIL MEMBERS: STOUT
ABSENT: COUNCIL MEMBERS: None
APPROVED:
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/s/ NORMAN B. GOODRICH
MAYOR
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I, SUSANNE E. STEINMETZ, City Clerk of the City of Gilroy~ do
hereby certify that the attached Resolution No.
1844
is an original
resolution, duly adopted by the Council of the City of Gilroy at a
regular meeting of said Council held on the 19th day of Auqust
, 19~, at which meeting a quorum was present.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the
official seal of the City of Gitroy, this ~ day of August
, 19~.