Resolution 2006-28RESOLUTION NO. 2006 -28
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
GILROY UPDATING TERMS AND CONDITIONS FOR
SEWER AND WATER CAPACITY ALLOCATIONS.
WHEREAS, Section 19.115 of Article 8 of Chapter 19 of the Code of the City of Gilroy,
California ( "City Code ") states that "all owners or developers of commercial and industrial
property shall purchase a daily allocation for sewer capacity for each such developed property in
the city on such terms and conditions as may be established from time to time by council
resolution;" and
WHEREAS, Section 27.76 of Article 4 of Chapter 27 of the City Code states that "all
owners or developers of commercial or industrial property shall purchase a peak daily usage
allocation for water capacity for each developed property in the city on such terms and
conditions as may be established from time to time by council resolution;" and
WHEREAS, regulation of water and sewer allocation contracts for new non - residential
construction, calculation of water and sewer allocations for existing non - residential buildings,
and rules setting forth amounts to be paid for additional allocations to such buildings are
reasonable terms and conditions related to daily allocation for sewer and water capacity as set
forth in the above - referenced sections of the City Code; and
WHEREAS, the City Council passed Resolution 86 -58 setting forth the original terms
and conditions for sewer and water capacity allocations on September 9, 1986; and
WHEREAS, said terms and conditions were updated per Resolution 89 -50, adopted
October 3, 1989; and
WHEREAS, the City Council has determined that these terms and conditions are in need
of an additional update.
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Gilroy
approves the following terms and conditions and adopts the same to apply in the City of Gilroy:
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Resolution No. 2006 -28
New Construction.
For all new construction, one (1) allocation agreement must be signed with the City
Administrator, which agreement will establish the average daily sewer usage, certain Council
imposed performance dates and peak daily water usage.
Existing Non - Residential Buildings.
For all existing commercial, industrial and other non - residential buildings or properties in
use, water and sewer allocations will be assigned using the following techniques:
a. Research existing development agreements, building permits, and the like for
capacities purchased at the time of original construction.
b. Research water meter books for present usage.
Conversion of Residential Buildings to Non - Residential Uses.
a. Properties developed as single family residential, which are converted to non-
residential uses, shall receive a sewer allocation of two hundred seventy (270)
gallons per day, per existing residential unit and a water allocation of nine
hundred sixty (960) gallons per day, per existing residential unit.
b. Properties developed as multi family residential, which are converted to non-
residential uses, shall receive a sewer allocation of two hundred ten (210) gallons
per day, per existing residential unit and water allocation of nine hundred sixty
(960) gallons per day per existing residential unit.
For purposes of this Resolution, "single family" and "multi - family" shall have the meanings set
forth in the Public Facilities Nexus Study, dated October 2004, and any subsequent amendments,
revisions or restatements thereof.
Calculations.
When the City must research water meter books to calculate an existing usage the
following methods will be utilized:
a. Sewer:
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1. For an account that has an irrigation water meter or has no landscaping,
the average of the highest four consecutive months of water usage will be
utilized.
2. For an account that has landscaping irrigation but does not have an
irrigation meter, the average winter (November- February) usage will be
utilized.
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Resolution No. 2006 -28
b. Water:
1. For all accounts the peak water flow in any one -(1) month will be utilized.
Note: Months that reflect an abnormally high usage because of a water leak or the like will not
be utilized in any of the above calculations.
Base Year:
The base years for the above calculations will be the most recent twenty -four (24)
months. If the business or property was out of use during that period, the last representative year
will be reviewed.
Payments for Additional Allocations:
For any existing account that has previously purchased a water or sewer capacity and is
using more than the purchased allocations, said account must pay for the difference between
what was originally purchased and present usage under the following schedule:
Sewer: 100% of current rate
Water: 100% of current rate
If documentation cannot be located to prove that an existing account has water or sewer
allocations, then the account water usage, per the calculation process described above, will
become the account's formal allocation at no additional cost.
PASSED AND ADOPTED this 17th day of April, 2006, by the following vote:
AYES: COUNCILMEMBERS: ARELLANO, BRACCO, GARTMAN,
VELASCO and VALIQUETTE
NOES: COUNCILMEMBERS:
ABSENT: COUNCILMEMBERS
ATT S .
Rh nda Pellin, City Clerk
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NONE
CORREA and PINHEIRO
Russ Valiquette,
Tempore
Resolution No. 2006 -28
I, RHONDA PELLIN, City Clerk of the City of Gilroy, do hereby certify that the attached
Resolution No. 2006 -28 is an original resolution, or true and correct copy of a city resolution,
duly adopted by the Council of the City of Gilroy at a regular meeting of said Council held on the
17th day of April, 2006, 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 Gilroy this 20th day of April, 2006.
City Clerk of the City of Gilroy
(Seal)