f

AS TO

Frc9

AND

LEGALITY

INTRODUCED BY COUNCILMEMBER
CITY ATTORNEY

ORDINANCE NO.

1. 76 08"

C. M. S.

AN ORDINANCE AMENDING PORTIONS OF ARTICLE 7 CHAPTER 6 OF THE OAKLAND MUNICIPAL CODE INCREASING THE SEWER SERVICE CHARGE, AND REDISTRIBUTING THE FUNDS COLLECTED FOR THE SEWER SERVICE CHARGE FUND

WHEREAS, the City

was

ordered

Board to eliminate wet weather overflows from

by the California Regional Water Quality Control public sanitary sewers; and
must include related storm

WHEREAS, any elimination program

work; and

drainage system

WHEREAS, City has prepared

and

Compliance Plan

to eliminate

these overflows;

WHEREAS, such Compliance Plan involves large expenditures of public funds;

now, therefore

The Council

of the

City of Oakland does ordain

as

follows:

SECTION

I:

Municipal

The sections hereinbelow listed of Article 7 of Code are amended as follows:

Chapter

6 of the Oakland

SECTION 01 67. DEFINITIONS

THE DEFINITION

LISTED AS ITEM ( a) SHALL BE CHANGED TO READ AS FOLLOWS:

Facilities" means and includes both the sanitary sewer collection a) Sewer " system and the storm sewer collection system. For purposes of this Article, storm drain system shall have the same meaning as storm sewer system.
ITEM (

e) SHALL BE ADDED TO READ AS FOLLOWS:

e) Single " Family Residence" shall
mean
a

single

common

dwelling

which also

conforms

to all

of the

following conditions:
for

1.

It is intended

longterm

habitation

as

opposed

to

transient

occupancy. 2.
It may be a single unattached dwelling or one unit of a number of units such as, but not limited to, an apartment or town house.

3.

It must be served by afivewater service meter 8") eighths ( 5/ installed by, or on behalf of, the East Bay Municipal Utility District for the purpose of measuring water flow (or such future standard metering device as determined by EBMUD or its successors as standard water service measuring devices for single family

residences.

600005 245-7/ ( 83)

3-

SECTION 06 67. SEWER SERVICE CHARGE FUND SHALL BE CHANGED TO READ AS FOLLOWS:

SECTION 06 67. SEWER SERVICE CHARGE FUND

a)The fund theretofore established and known as the " Sewer Service Charge hereby continued. All monies received from the charges established by this Article shall be deposited in such fund. The monies in this fund shall be used only for the payment of the costs in connection with acquisition, construction, reconstruction, relocation, maintenance, operation, and repair of the sewer facilities of the City and for the administration of this Article; provided, however, that the monies in said fund shall not be used for the acquisition or construction of new sewer facilities in unsewered areas. ( As amended by Ordinance No. 7783 S., C. M. passed April 4, 1968, effective May 1, 1968.)
Fund

is

after

b) The monies received from the charges established by this Article, deposit in the Sewer Service Charge Fund, shall be distributed as follows:
At least 95% shall

be for the

sanitary
storm

sewer

shall be for the and, up to 5%

sewer

system; system

The intent of this provision is to have the distribution made on the basis of the amount collected. For accounting purposes, the division of monies collected may occur a t the time that such monies are deposited in said fund. However, the establishment of separate funds or accounts shall not be

required.

SECTION II:
This ordinance shall take effect

July 1, 1987.

IN

COUNCIL, OAKLAND, CALIFORNIA, """"` ~~ ~

g$/ _,
19

PASSED BY THE FOLLOWING VOTE:

AYES-~~, CANNON, GIBBON, GILMORE, MOORE, C~ ~) 1IX(~, RILES, SPEES, and PRESIDENT WILSON NOESABSENT-

NONE

BAZILE, OGAWA NONE

ABSTENTION-

ATTEST:ARRECEJ
ON

City

Clerk and Clerk of the Council