HomeMy WebLinkAboutRes - 2023.15 - Establishing Water and Wastewater Schedule of Rates and Charges Superseding Resolution 2023.05RESOLUTION 2023.15
A RESOLUTION OF THE BOARD OF DIRECTORS OF
THE EAST VALLEY WATER DISTRICT
ESTABLISHING A SCHEDULE OF RATES AND CHARGES RELATED TO THE
PROVISION OF WATER AND WASTEWATER SERVICE AND SUPERSEDING
RESOLUTION 2023.05
WHEREAS, East Valley Water District ("District") is a county water district organized
and operating pursuant to California Water Code Section 30000 et seq.; and
WHEREAS , pursuant to applicable law, including but not limited to Water Code Sections
31007 and 31025, the District's Board of Directors is authorized to adopt by resolution such rates
and charges for incidental services related to the provision of water service and wastewater service
by the District to implement the rules and regulations set forth in District Ordinance No. 403 and
404, and to yield an amount sufficient to pay for the services provided to District ratepayers and
the regulatory costs incurred by the District in providing those services; and
WHEREAS, Ordinances 403 and 404 provide that Rates and Charges, may be changed
from time to time or new rates and charges may be established by resolution of the Board of
Directors; and
WHEREAS, Section 21080(b) (8) of the Public Resources Code provides that the
establishment, modification, structuring, restructuring or approval of rates, tolls, fares, or other
charges by public agencies are exempt from the requirements of the California Environmental
Quality Act (CEQA) provided that certain findings are made specifying the basis for the claim of
exemption; and
WHEREAS, the District, in accordance with the requirements of Article XIIID of the
Constitution of the State of California, has established rates and fees for property related services
including water and wastewater treatment; and
WHEREAS , the Board of Directors of the District deems it advisable and finds that it
would be in the best interest of the District to amend or establish certain fees and charges,
consistent with applicable constitutional and statutory requirements; and
WHEREAS, Article XIIIC Section 1 of the Constitution of the State of California, excepts
certain levies, fees and charges from the definition of "tax" thereby exempting such levies, fees
and charges from the procedural requirements established by Article XIIID . of the California
Constitution; and
WHEREAS, the District now wishes to establish fees and charges incidental and related to
the provision of services for water and wastewater treatment, but which fees and charges are not
for property related services as defined by Article XIIID of the Constitution of the State of
California and which fees and charges may be established by resolution of the Board of Directors
of the District;
East Valley Water District
Resolution 2023 .15
Page 1 of3
NOW, THEREFORE, BE IT RESOLVED by the Board of Directors of the District as
follows:
Section 1. It is hereby found and determined that the proposed changes to the Schedule of
Water and Wastewater Rates and Charges as set forth in Exhibit "A" are within the purposes set
forth in Section 21080(b) of the Public Resources Code, and therefore, that such changes are
exempt from CEQA.
Section 2. It is hereby found and determined that the capacity fees being increased hereby
do not exceed the estimated reasonable cost of providing the service for which they are imposed
and that said fees do not constitute a tax pursuant to Article XIIIC Section 1 ( e) of the California
Constitution.
Section 3. That the Secretary is hereby ordered and directed to post a certified copy of this
Resolution in a public place within the District.
This Resolution shall take effect as of the 11 th day of October 2023.
ADOPTED this 11 th day of October 2023.
Ayes: Directors: Carrillo, Coats, Goodrich, Morales, Smith
Noes: None
Absent: None
Abstain: None ~~
Phillip R.Go~
Board President
ATTEST:
Michael Moore
Secretary, Board of Directors
East Valley Water District
Resolution 2023.15
Page 2 of3
October 11, 2023
I HEREBY CERTIFY that the foregoing is a full, true and correct copy of Resolution 2023 .15
adopted by the Board of Directors of East Valley Water District at its Regular Meeting held
October 11, 2023.
Michael Moore
Secretary, Board of Directors
East Valley Water District
Resolution 2023.15
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