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Ord 0344-PRESCRIBE, REVISE, AND COLLECT FEES, TOLLS, RATES, RMALS AND OTHER CHARGES FOR SERVICES AND FACILITIES FURNISHED BY THE TOWN OF LOS GATOS IN CONNECTION WITH ITS SANITATION OR BEVERAGE SYSTEMSORDINANCE NO. 344 AN ORDINANCE OF THE TOWN OF LOS GATOS TO PRESCRIBE, REVISE, AND COLLECT FEES, TOLLS, RATES, RMALS AND OTHER CHARGES FOR SERVICES AND FACILITIES FURNISHED BY THE TOWN OF LOS GATOS IN CONNECTION WITH ITS SANITATION OR BEVERAGE SYSTEMS THE TOWN COUNCIL OF THE TOWN OF LOS GATOS DOES ORDAIN AS FOLLOWS: Section 1. The revenues derived by the Town of Los Gatos under the provisions of this Ordinance shall be used only for the acquisition, construction, reconstruction, maintenance, end operation of its sanitation and sewerage facilities, to pay the County Sanitation District No. 4 of Santa Clara County, California, its sewer service charges and sewer rental charges to the Town of Los Gatos for use of its sanitary sewerage facilities, to repay principal and interest on bonds issued for the construc- tion or reconstruction of such sanitary or sewerage facilities, and to repay f ederal or state loans or advances made to the Town of Los Gatos for the construction or reconstruction of sanitary or sewerage facilities; provided,. however, that such revenues 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 2. SEWER RENTAL CHARGES There is hereby levied and assessed upon each premises having any sewer connection with the sewerage system of the Town of Los Gatos a service charge or rental payable semiannually on the first day of June and December of each year at the office of the Town Tax Collector and in an amount provided as follows: RESIDENTIAL (a) For each single family dwelling $3.20, (b) For each church #3.20, (c) For each unit of a trailer court, duplex, flat, apartment, multiple dwelling, court, lodging house, boarding house, or hotel $3.20. ®1- For the purpose of this Ordinance the term "Unit" is herein defined as follows: Each available trailer space of a trailer court, whether occupied or not, is one "Unit". A duplex, whether occupied or not, shall constitute two "Units". Each separate apartment in an apartment house, whether occupied or not, shall constitute one "unit". Each housing accommodation designed for occupancy by a single person or one family irrespective of the number actually occupying said accommodation and whether occupied or not in a "court" or a "flat" shall constitute one "Unit". Each room of a lodging house, boarding house, or other multiple dwelling designed for sleeping accommoda- tions for one or more individuals, whether occupied or not, constitute one "Unit". CON.~~CIAL For each laundry, hospital, rest home, and college For each unit of an office or commercial building where such unit is provided with sanitary facilities including wash basin and sink and for each club, lodge, fraternity or sorority house, restaurant, restaurant and bar, ice cream parlor, and for each other commerical establishment $6.40. The owners of the establishments set forth in sub- paragraph (a) above may avail themselves of a service charge to be determined by the Tax Collector in accordance with the average use of water by such establishment during the months of October, November, December, January, February, March, April, and May as follows: The owners of said establishments will present evidence to the Tax Collector of the total consumption'of water on said premises for said eight months period and the Tax Collector will divide said total by 8 to determine the basic average consumption 3 ' ® ® f 1 of water of said establishment and upon the same being determined, the service charge will bebased thereon as follows: First 500 cubic feet 03.20, All over 500 cubic feet $.40 for each 100 cubic feet or fraction thereof. INDUSTRIAL (a) For each industry, commercial packing plant, creamery manufacturer, or similar establishment $160.00. The owners of the establishments set forth in sub- paragraph (a) above may avail themselves of a service charge to be determined by the Tax Collector in accordance with the average use of water by such establishment during the months of October, November, December, January, February, March, April, and May as follows:. The owners of said establishments will present evidence to the Tax Collector of the total consumption of hater on said premises for said eight months period and the Tax Collector will divide said total by 8 to determine the basic average consumption of water of said establishment and upon the same being determined, the service charge will be based thereon as follows: First 50,000 cubic feet $120.00, All over 50,000 cubic feet $1.20 per 1,000 cubic feet or fraction thereof. SCHOOLS (a) For elementary schools, a semiannual charge based upon the average daily attendance during the school year of $0.06 per average daily attendance. (b) For high schools a semiannual charge based upon the average daily attendance during the school year, including night and adult classes of $0.12 per average daily attendance. PREMISES OUTSIDE TERRITORIAL BOUN'DARIE5 OF THE TOWN OF LOS GAS` OS (a) For each single family dwelling outside the Town -3- t ~ of Los Gatos there is hereby levied and assessed upon each such premises having a sewer connection with the sewerage system of the Town of Los Gatos or which is discharging sewage which ultimately passes through the sewerage system of the Town of Los Gatos a semi- annual charge in the amount of $9.60; (b) For each premises other than a single family dwelling outside of the Town of Los Gatos the service charge shall be determined by the Town Council--by Resolution at the time applica- tion is made for sewer service by the owner of said premises; (c) Application for a sewer connection for premises owt ide of the Town of Los Gatos which is to be connected with the sewerage system of the Town of Los Gatos or which is to discharge sewage which ultimately passes through the sewerage system of the Town of Los Gatos shall be made directly to the Board of Directors of County Sanitation District No. 4 of Santa Clara County, and a copy of the application shall be presented to the Town Council of the Town of Los Gatos. The connection and inspection fees and service and rental charges shall be determined by the Town Council of the Town of Los Gatos and shall be payable directly to the Town of Los Gatos by the applicant. The Town Council of the Town of Los,Gatos reserves the right to determine whether or not the application will be accepted or rejected. Section 3. WHEN CHARGES DUE All accounts are due and payable by the owners of the premises at the office of the Town Tax Collector semiannually as follows: (a) Due June 1, delinquent July 1; (b) Due December 1, delinquent January 1. For new connections the service charge for six (6) months or portion thereof shall be prorated and shall be paid at the time application for sewer connection permit is made. Section 4. PENALTIES FOR FAILURE TO PAY CHARGES WHEN DUE ®4- For failure to pay the service charge or renta3.charge when due, the Tax Collector shall add a penalty of fifty (50%) per cent of said charge on the delinquent date after the due date thereof. Section 5. CHARGES A DEBT The amount of service charge or rental charge, interest, and penalties imposed by the provisions of this Ordinance shall _ be deemed a debt to.the Town of Los Gatos. Any person failing or refusing to pay said service charge or rental charge within thirty (30) days after the'same has become delinquent shall be liable to an, action brought in the name of said Town of Los Gatos in any Court of competent jurisdiction for the amount of said charge, interest, and penalties imposed by the provisions of this Ordinance. Section 6. AUTHORITY TO DISCONNECT In the event of a failure to pay the charge as provided herein for sewerage service, the 'S'own Magineer is authorized to. disconnect the sewerage. When service has been disconnected, as herein provided, the. Town Council may require a person or persons requesting that such service,be re-established to furnish a bond in the sum of Five Hundred ($500.00) Dollars payable to the Town of Los Gatos and conditioned upon compliance with the provisions of this Ordinance before granting permission to make such connection. The person or persons making application for such re-establishment of service shall pay all expenses incurred or to be incurred by the Town of Los Gatos in causing such disconnection and reconnection before such permission may be granted. Section 7. The Town Tax Collector shall cause to be mailed to owners of premises having any sewer connection with the sewerage system of the Town of Los Gatos or premises discharging sewage which ultimately passes through the sewerage system of the Town, a state- ment of the charge levied and assessed upon each such premises. Said notice shall be mailed to each of said owners at his address as the same appears on the last assessment roll of the Town of Los - 5- Said notice shall be mailed on or before the first day of June and the first day of December of each semiannual period except for the notices for the sewer service charge or rental charge due June 1, 1952, and delinquent July 1, 1952; and said notices for said period shall be mailed immediately upon this Ordinance taking effect, Any failure to mail notices as.aforesaid or failure of the owners of said premises to receive said notices shall not invalidate the service charge or rental charge levied and assessed upon each such premises nor invalidate any proceedings to enforce this. Ordinance. Section B. DISPOSITION OF FUNDS The funds received from the collection of service charges or rental charges authorized by this Ordinance shall be deposited with the treasurer of the Town of Los Gatos, and shall be accounted for and be known as the Sewer Connection and Rental Fund. Section 9. The conviction and fining or imprisonment of any person for a violation of this Ordinance shall not relieve such person from paying the charges, penalties, and interest provided for herein nor shall the payment thereof prevent a criminal prosecu- tion for the violation of any of the provisions of this Ordinance. All remedies prescribed hereunder shall be cumulative and the use of one or more remedies by the Town of Los Gatos shall not bar the use of any other remedy for the purpose of enforcing the provisions Section 10. ADDITIONAL RULES AND REGULATIONS Any and all additional rules and regulations pertaining to connections, rates, rentals and other charges for services and facilities furnished by the Town of Los Gatos in connection with its sanitation or sewerage system and the administration of the same may be adopted by Resolution passed by a four-fifths vote of the Town Council. Section 11. SEVERABILITY If any section, sub-section, sentence, clause, or phrase of this Ordinance is for any reason held by .a Court of competent Jurisdiction to be invalid, such decision shall not affect the validity of the remaining portions of this Ordinance. The Town Council hereby declares that it would have passed this.Ordinance and each section, sub-section, sentence, clause, and phrase hereof, irrespective of the fact that any one or more sections, sub-sections, sentences, clauses, or phrases be declared invalid. If any provision of this Ordinance or the application thereof to any person or circumstances is held invalid, such invalid- ity shall not affect other provisions or. applications of the Ordin- an.Ge- which can be given effect without the invalid provision or application., and to this end the provisions of this Ordinance are declared to be severable. Section 12. Any person violating any of the provisions of this Ordinance shall be deemed guilty of a misdemeanor and on convic- tion thereof, shall be fined the sum not to exceed Five Hundred and no/100 ($500.00) Dollars or imprisonment in the County Jail not to exceed six (6) month or by both such fine and imprisonment. Section 13. This Ordinance shall be published.once in the LOS GATOS DAILY TMES, a newspaper published in the Town of Los Gatos. The above and foregoing Ordinance was duly and regularly INTRODUCED at a regular meeting of the Town Council of the Town of Los Gatos held on the 5th day of May, 1952, and was thereafter at a continued regular meeting of the Town Council of the Town of Los Gatos held on the 12th day of May, 1952, duly and regularly ADOPTED by the following vote: .AYES: COUNCILMEN NOES: COUNCITMEN ABSENT: COUNCILMEN F, =014 OF T TO OF L09 G TO TOWN CL M OF THE TOWN OF LOS GATOS ATTEST: -7-