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ORDINANCE NO. 125



AN ORDINANCE PRESCRIBING A SEWER
STANDBY CHARGE FOR FISCAL YEAR
2004-2005 AND REPEALING ORDINANCE NO. 120




BE IT ORDAINED by the Board of Directors of Brooktrails Township Community Services District as follows:


Section 1. A sewer standby charge of FIFTY DOLLARS ($50.00) per year is hereby fixed for each parcel of land in the District which has the capability of receiving sewer service from the District without the requirement of a sewer-mainline extension, whether said service is used or not. This change does not represent an increased charge from that assessed in Fiscal Year 2003-2004 or from that in effect as of November 5, 1996.

Section 2. Revenues derived under this Ordinance shall be used only for acquisition, construction, reconstruction, maintenance and operation of water systems and sewage or sewage facilities, provided however, that such revenue shall not be used for the acquisition or construction of new local street sewers or laterals as distinguished from main trunk, interceptor and outfall sewers.

Section 3. The charges as fixed in Section One shall be for Fiscal Year 2004-2005, to wit July 1, 2004 to June 30, 2005, and shall be collected on the tax roll in the same manner, by the same persons and at the same time as, together with and not separately from the County of Mendocino=s general taxes.

Section 4. The General Manager of the District is hereby directed to prepare and file with the Clerk of the District a written report containing a description of each parcel of real property subject to the sewer standby charges established herein and further stating the charge for each parcel for Fiscal Year 2004 - 2005. The parcels of real property included in said report may be described by reference to maps prepared in accordance with Section 327 of the Revenue and Taxation Code of the State of California and on file in the office of the County Assessor of Mendocino County, California, or by reference to plats or maps, on file in the office of the District.

Section 5. The Secretary of the District shall cause notice of the filing of said report and of the time and place of hearing thereupon to be published prior to the date set for hearing in The Willits News once a week or oftener, with at least five days intervening between the respective publication dates, not counting such publication dates. The period of notice commences upon the first day of publication and terminates at the end of the 14th, including therein the first day.

Section 6. At the time stated in the above-mentioned notice, the Board of Directors shall hear and consider all objections and protests, if any, to said report referred to in said notice and may continue the hearing from time to time. If said Board finds that protest is made by owners of a majority of separate parcels of property described in the report, then the report shall not be adopted and the charges shall be collected separately from the tax roll and shall not constitute a lien against any parcel or parcels of land.

Upon conclusion of the hearing, the Board may adopt, revise, change, reduce or modify any charge or overrule any or all objections, and shall make its determination upon each charge as described in said report, which determination shall be final.

Section 7. On or before the 10th day of August, 2004, the District Secretary shall file with the Auditor of the County of Mendocino a copy of said report with a statement endorsed thereon over his signature that it has been finally adopted by the Board of Directors, and Auditor of said County shall enter the amounts of the charges against the respective lots or parcels of land as they appear on the current assessment roll.

Except as provided in Section 5473.8 of the Health and Safety Code, the amounts of the charges shall constitute a lien against the lot or parcel of land against which the charge has been imposed as of noon on the first Monday in March immediately preceding the date of the levy.

Section 8. The Tax Collector of the County of Mendocino shall include the amount of the charges on bills for taxes levied against the respective lots and parcels of land.

Thereafter, the amount of the charges shall be collected at the same time and in the same manner and by the same person as, together with and not separately from, the general taxes for the District and shall be delinquent at the same time and therefore be subject to the same delinquency penalties. All laws applicable to the levy, collection and enforcement of general laws of the District, including but not limited to those pertaining to matters of delinquency, collection, cancellation, refund and redemption, are applicable to such charges, except as otherwise provided in Section 5473.8 of the Health and Safety Code.

Section 9. If any section, subsection, clause or phrase of this Ordinance or the application thereof to any person or circumstance is for any reason held to be unconstitutional or invalid, such decision shall not affect the validity of the remaining portions of this Ordinance or the application of such provision to other persons or circumstances. The Board of Directors hereby declares that it would have passed this Ordinance or any section, subsection, sentence, clause or phrase hereof irrespective to the fact that any one or more of said provisions be declared unconstitutional or invalid.

Section 10. Ordinance No. 120 is hereby repealed.

Section 11. This Ordinance shall take effect thirty (30) days from the date of adoption.

Section 12. This Ordinance shall not take effect unless passed by a two-thirds vote of the Board of Directors.

Introduced April 27, 2004 and adopted this 11th day of May, 2004, at a regular meeting of the Board of Directors of the Brooktrails Township Community Services District by the following vote:


AYES: Directors: Ziady, Skezas, Pohlson, Orth
NOES: Directors: None
ABSENT: Directors: Horrick



ATTEST: CHARLES A. ORTH, President


MIKE CHAPMAN, Secretary


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