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43 ORDINANCE NO. 43 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF GRAND TERRACE, CALIFORNIA, ESTABLISHING A SYS- TEM OF CHARGES AND THE COLLECTION THEREOF, AND DECLARING THIS ORDINANCE TO BE AN URGENCY ORDI- NANCE. WHEREAS, the City of Grand Terrace has entered into an agree- ment with the City of Colton requiring the City of Grand Terrace to collect funds to be paid to the City of Colton for sewer services; and WHEREAS, the City of Grand Terrace must begin collecting said funds for sewer services for the purpose of a March 1 , 1981 , payment to the City of Colton; and WHEREAS, it is necessary to establish a system for such charges and the collection thereof; NOW, THEREFORE, the City Council of the City of Grand Terrace does hereby ORDAIN as follows: SECTION 1 . Definitions: (a) Sewerage system is composed of those pipe lines and appurtenances constructed, maintained, controlled, or operated by the City primarily for the collection of sewage and the conveyance thereof to the City of Colton's sewage treatment plant. (b) Apartment is a building or portion thereof containing three or more dwelling units. (c) Dwelling unit is a suite of one or more rooms which is occupied by or intended to be occupied by one family and which contains facilities for cooking. (d) Duplex is a building containing two dwelling units. (e) Lot is a parcel of land consisting of one or more con- tiguous lots of record in one ownership. (f) Multiple residential complex is one or more buildings or portion thereof, containing three or more dwelling units. (g) Premise is any lot, piece or parcel of land, any building or other structure, or any part of any building or structure used or useful for human habitation or gathering or carrying on any business or occupation. (h) User is any person owning property to which a sewer connection exists and for which sewer service is provided. (i ) Residential user is any user whose premises are used solely for residential purposes. (j) Commercial and/or Industrial user is any user not defined as a residential user, whose premises are not used primarily as a church, or whose premises are not used primarily as a public school . SECTION 2. Sewer Service Charges - Every person whose premises in the City are served by a connection with the sewerage system of the City shall pay a Sewer Service Charge, the amount of said charge to be established from time to time by resolution of the City Council . SECTION 3. Collection of Charges - Sewer Service Charges shall be billed on a bi-monthly basis, in advance of service. All such charges will be due and payable on the date of such billing and shall become delinquent thirty (30) days thereafter. All unpaid delinquent bills be assessed against the using property in the manner provided for by law. In addition, the City Manager is directed to use any and all other means as provided for by law for the collection of said unpaid delinquent bills. SECTION 4. Waiver by City Council - The City Council may waive any provision provided for herein as to any particular user and may hear requests for such waiver due to special hardship or special conditions. SECTION 5. Declaration of Urgency - This Ordinance is hereby declared to be an urgency measure and is for the immediate preservation of the public peace, health, and safety. The facts constituting said urgency are these: The City has contracted for sewer treatment and disposal services and the payment of said Sewer Service Charges is necessary to continue sewer services to the community; any discontinua- tion would result in a significant danger and health hazard to the community. SECTION 6. Effective Date - This Ordinance shall take effect immediately. SECTION 7. Posting - Within fifteen (15) days after the passage of this Ordinance, the City Clerk shall cause it to be posted in the three public places designated by the City Council . ADOPTED this 18th day of December, 1980. -2- ay o th and Terrace and of Ci oun it thereof. ATTEST: City C1 k of the City of Grand Tarrac and of the City Council thereof. Approved as to form: City Attorney -3- STATE OF CALIFORNIA ) COUNTY OF SAN BERNARDINO ) ss. CITY OF GRAND TERRACE ) I , MYRNA LINDAHL, City Clerk of the City of Grand Terrace, DO HEREBY CERTIFY that the foregoing Ordinance was duly adopted by the City Council of said City at a regular meeting of the City Council held on the 18th day of December 1980, and that it was so adopted by the following vote: AYES: Councilmen Grant, Petta, Nix, Rigley; Mayor Tillinghast. NOES: None ABSENT: None i City cl of the Cat of Grand Terrace and of the City Council thereof. STATE OF CALIFORNIA ) COUNTY OF SAN BERNARDINO ) ss. CITY OF GRAND TERRACE ) I , MYRNA LINDAHL, City Clerk of the City of Grand Terrace, DO HEREBY CERTIFY that the above and foregoing is a full , true and correct copy of Ordinance No. 43 of said City Council , and that the same has not been amended or repealed. DATED: December 18 , 1980 City Cj k of the City of Grand Terrace and of the City Council thereof.