CHARLES PARKIN
City Attorney
MlCHAELJ. MA!S
Assi:>lattt City Attvmey
OF THE CITY ATTORNEY
Long Beach, California
May 10, 2022
ORD-30
HONORABLE MAYOR AND CfTY COUNCIL
City of Long Beach
California
RECOMMENDATION:
Recommendation to declare Ordinance of the City Council of the City of Long Beach Approving Resolution No. WD-1441A, "A Resolution Of The City Of Long Beach Board Of Water Commissioners Establishing The Rates And Charges To Be Charged For Water And Sewer Service And Declaring The Urgency Thereof, And Providing That This Ordinance Shall Take Effect At 12:01 AM. On June 1, 2022". (Citywide)
DISCUSSION
On May 4, 2022, the Board of Water Commissioners of the City of Long Beach adopted Resolution No. WD-1441A reducing certain water rates, as more particularly described in the Resolution. Section 1403 of the Long Beach City Charter requires all rates and charges established by the Board of Water Commissioners to be approved by the City Council by ordinance.
SUGGESTED ACTION:
Approve recommendation.
Very truly yours,
CHARLES PARKIN, City Attorney
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By
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RICHARD F. ANTHONY
Deputy City Attorney
· · · 411 West Ocean Boulevard, 9'" Floor, Long Beach, California 90802 (562) 570-2200 Fax (562) 436-1579 · · ·. •, . " :· (562) 570-2245 Fax (562) 570-2220
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28 ORDINANCE NO.
AN ORDINANCE OF THE CITY COUNCIL OF THE
CITY OF LONG BEACH APPROVING RESOLUTION NO.
WD-1441A, A RESOLUTION OF THE CITY OF LONG
BEACH BOARD OF WATER COMMISSIONERS
ESTABLISHING THE RATES AND CHARGES TO BE
CHARGED ·FOR WATER AND SEWER SERVICE AND ·
DECLARING THE URGENCY THEREOF, AND PROVIDING
THAT THIS ORDINANCE SHALL TAKE EFFECT AT 12:01
AM. ON JUNE 1, 2022
The City Council of the City of Long Beach ordains as follows:
Section 1. That Resolution No. WD-1441A of the Board of Water Commissioners of the City of Long Beach, entitled "A RESOLUTION OF THE CITY OF LONG BEACH BOARD OF WATER COMMISSIONERS AMENDING RESOLUTION NO.
WD-1444 FIXING RATES AND CHARGES FOR WATER AND SEWER SERVICE TO ALL
CUSTOMERS, SUBJECT TO THE APPROVAL OF THE CITY COUNCIL BY ORDINANCE," adopted by said Board on May 4, 2022, and the rates fixed in the Resolution to be charged for water and sewer service are hereby approved.
Section 2. This is an emergency measure and is urgently required for the reason that in order to carry on the affairs, functions and business of the Long Beach Water Department, it is necessary to authorize the rates and charges for water and sewer service and that this ordinance be passed as an emergency measure, to take effect at 12:01 a.m. on June 1, 2022.
Section 3. If any section, subsection, subdivision, sentence, sum, percentage, clause or phrase of this ordinance is for any reason held to be unconstitutional, RFA:bg A21-01966 (05-02-2022)
01386958.DOCX
1 1 invalid or void, such decision shall not affect the validity of the remaining portions of this 2 ordinance. The City Council hereby declares that it would have passed this ordinance, and 3 every section, subsection, subdivision, sentence, sum, percentage, clause and phrase 4 thereof, irrespective of the fact that any one or more sections, subsections, subdivisions, 5 sentences, sums, percentages, clauses or phrases thereof is declared unconstitutional, 6 invalid or void.
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25 Section 4. This ordinance is an emergency ordinance duly adopted by the City Council by a vote of five of its members and shall take effect immediately. The City Clerk shall certify to a separate roll call and vote on the question of the emergency of this ordinance and to its passage by the vote of five members of the City Council of the City of Long Beach, and cause the same to be posted in three conspicuous places in the City of Long Beach, and it shall thereupon take effect and shall be operative on and after 12:01 a.m. on June 1, 2022.
I hereby certify that on a separate roll call and vote which was taken by the City Council of the City of Long Beach upon the questions of the emergency of this ordinance at its meeting of __________ , 2022, the ordinance was declared to be an emergency by the following vote:
Ayes: Councilmembers:
Noes: Councilmembers:
Absent: Councilmembers:
26 Recusal(s): Councilmembers:
27 /II
28 /II
RFA:bg A21-01966 (05-02-2022)
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1 I further certify that thereafter, at the same meeting, upon a roll call and vote 2 on adoption of the ordinance, it was adopted by the City Council of the City of Long Beach 3 by the following vote:
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RFA:bg A21-01966 (05-02-2022)
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28 I further certify that the foregoing ordinance was thereafter adopted on final reading of the City Council of the City of Long Beach at its meeting of ______ _ 2022, by the following vote:
Ayes: Councilmembers:
Noes: Councilmembers:
Absent: Councilmembers:
Recusal(s): Councilmembers:
Approved: _______ _
(Date)
RFA:bg A21-01966 (05-02-2022)
01386958.DOCX
City Clerk
Mayor
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