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1 <br />2 <br />3 <br />4 <br />5 <br />6 <br />7 <br />8 <br />9 <br />10 <br />11 <br />12 <br />13 <br />14 <br />15 <br />16 <br />17 <br />18 <br />19 <br />20 <br />21 <br />22 <br />23 <br />24 <br />25 <br />26 <br />27 <br />M <br />WHEREAS, the rates for commercial and industrial customers and significant industrial <br />customers are determined on the basis of the estimated sewer flow a property contributes to the <br />wastewater system (using monthly metered water use data) and the loads that a customer's <br />sewage discharges put on the system (based on biochemical oxygen demand and total suspended <br />solids); and <br />WHEREAS, the rates are calculated to proportionately allocate capital replacement, <br />operations, maintenance, treatment, and disposal costs to each customer class; and <br />WHEREAS, in accordance with the provisions of Article XIII D, section 6 of the <br />California Constitution, the City mailed out notices of the proposed rate increases and such <br />notices were provided to all property owners and tenants directly liable for sewer service fees <br />within the City not less than 45 days prior to the public hearing on the proposed establishment of <br />rates and fees as set forth herein; and <br />WHEREAS, the City Council conducted a public hearing on June 2, 2014, in order to <br />receive oral and written testimony regarding this Ordinance and the proposed rate increases. Said <br />date and time were not less than forty-five days after the mailing of the notice; and <br />WHEREAS, at the conclusion of the public hearing, written protests against the proposed <br />rate increases were not presented by a majority of the record owners of parcels upon which the <br />sewer service fees are imposed and tenants directly responsible for the payment of sewer service <br />fees; and <br />WHEREAS, it is deemed to be in the best interests of the City to adopt the rate increases <br />due to the fiscal impacts referenced above. <br />NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF COLTON, <br />CALIFORNIA DOES ORDAIN AS FOLLOWS: <br />Section 1. All of the foregoing Recitals are true and correct and the City Council so <br />finds and determines. The Recitals set forth above are incorporated herein, are made findings and <br />determinations of the City Council, and are made an operative part of this Ordinance. <br />23152.06000\8820533.1 - 2 <br />