SR-8-A (176)
5C'~-l7CJ/-oz t.--
... -'
.. ~ A
R--A-
OCT 1 199;
Santa Monica, California
.. .
..-
GS:SES:FJS:JSH:srwwratejgenserv
Council Meeting: october 1, 1991
TO: Mayor and City Council
FROM: city staff
SUBJECT: Recommendation to Approve Revised Wastewater Rate
structure and Introduce For First Reading an Ordinance
to Revise Santa Monica Municipal Code sections 7137 and
7143 Relating to Sewer Service Charges
INTRODUCTION
This staff report recommends that the City council approve a new
wastewater rate structure and adopt for first reading the
attached ordinance revising Santa Monica Municipal Code Sections
7137 and 7143 Relating to Sewer Service Charges. These changes
will- allow the City to fulfill its contractual obligations with
the City of Los Angeles to reduce contamination in Santa Monica
Bay and ensure the integrity of the City'S wastewater collection
system.
BACKGROUND
In June 1989/ the City Council gave conceptual approval to a
long-range financing strategy for the Wastewater Fund.
This
strategy encompassed a revenue bond issue for payment of the
City'S share of the Hyperion System Upgrade capital costs and a
,
sewer service charge increase.
Over the past two years, city
staff has worked in close conjunction with outside financial and
legal consultants to finalize the structure of the wastewater
revenue bond offering.
This process has been complicated and
delayed by three main factors.
First, the estimates from the
- 1 -
i-A
OCT 1 1991
city of Los Angeles of Santa Monica's 'financial obligations as
they relate to the Hyperion system Capital upgrade have been
revised several times over the past two years: second, the city's
future operation and maintenance (O&M) and capital costs, as
proj ected in a wastewater master plan currently underway, have
significantly increased: and third, the dramatic decrease in
ci tywide water usage related to water conservation efforts has
severely impacted sewer service revenues which are, at present,
driven solely by water consumption.
These compounding factors necessitated a thorough review over the
past several months of the current and projected fiscal condition
of the Wastewater Fund. The results of the analysis have led to
a reassessment of the overall financing strategy for the
Wastewater Fund.
The specific elements of this revised financing strategy as well
as an in-depth discussion of the primary cost issues facing the
Wastewater Fund are presented below.
Discussion
Since 1926, the Cities of Santa Monica and Los Angeles have
entered into various contractual agreements for the disposal and
treatment of sewage. The most recent agreement is dated February
21, 1964, and provides that Santa Monica may discharge a specific
permitted level of sewage flows into the Hyperion Treatment
System for treatment and disposal. The agreement provides that
Santa Monica will pay Los Angeles an annual O&M charge for sewage
conveyance, treatment and disposal, and will also pay for a
- 2 -
proportionate share of the capital
improvement, relocation, replacement or
Hyperion Treatment Plant and the sewage
between Santa Monica and Los Angeles.
costs of alteration,
reconstruction of the
conveyance facilities
Los Angeles is currently in the process of constructing a
large-scale wastewater system capital improvement program
mandated by federal and state upgrade requirements. The program
began in 1984 and will continue through 2001 for an approximate
total cost of $3.8 billion. Santa Monica, as with other
subscribing agencies, is responsible for financing a
proportionate share of the improvements to the Hyperion System.
The City's share is $63 million over the next ten years, based on
estimates prepared by the City of Los Angeles.
The City also is facing rising O&M and capital costs for our
local wastewater system. To aid in forecasting these local
system costs, the City contracted with the engineering firm of
CH2M Hill to prepare a wastewater system master plan. Although
the plan has not yet been completed, the consultant has estimated
that the city's local system capital needs through FY 2000-01 may
be as much as $37 million. This will be partially offset by
connection fee revenue collected from new development to pay for
capacity expansion.
In addition to the significant cost impacts as described above,
the City's sewer service revenues have decreased significantly.
The city's current wastewater rate is based solely on the amount
of water consumed. Due to the success of the cityt s water
- 3 -
conservation efforts wastewater service charge revenues collected
in FY 1990-91 were much less than had been budgeted.
Once the
drought ends, it is not anticipated that the City's wastewater
flow will return to its original level due to the aggressive
implementation by the City of permanent water conservation
measures.
The magnitude of required Hyperion System capital expenditures
over the next 10 years is too large to be equitably recovered on
a pay-as-you-go basis.
Thus,
in 1989 the Ci ty council
conceptually approved the issuance of revenue bonds to cover the
city's proportionate share of Los Angeles's wastewater system
capital improvement program.
The City selected Connell &
Associates to serve as financial advisor, and the law firm of
Orrick, Herrington, and Sutcliffe to serve as bond counsel to
City staff in preparation of the bond offering. The first bond
issue of $33 million is scheduled for November 1991.
Three
subsequent bond issues will be required to cover Santa Monica's
remaining share of the City of Los Angeles' wastewater system
capital improvement program costs. A summary of the anticipated
bond issues are as follows.
FY 1991-92
FY 1994-95
FY 1997-98
FY 1999-00
$33,235,000
19,000,000
7,995,000
7,820,000
$68,050,000
TOTAL
Additionally, the City selected the engineering conSUlting firm
of Kennedy/Jenks/Chilton (KJC) to work with staff and the
financial advisor to develop a wastewater revenue plan and a
- 4 -
projection of revenue increases which may be necessary to finance
all wastewater operation costs over the next decade.
Wastewater Revenue and Rate Analysis
The objectives of the ten-year Wastewater Revenue and Rate
Analysis prepared by KJC were to assess current projected costs,
assess annual levels of wastewater discharge to project the
city's share of Los Angeles' Capital and O&M expenses, conduct a
cost of service study to equitably allocate utility costs to
wastewater users, and recommend corresponding wastewater rate
enhancements which allow the City to meet the debt service
requirements of the proposed wastewater bond issues.
The study concluded that the following average rate increases
will be required to meet the City'S revenue requirements over the
next decade.
December 1, 1991
July 1, 1993
July 1, 1994
July 1, 1995
July 1, 1996
July 1, 1997
July 1, 1999
37 percent
8 percent
8 percent
8 percent
8 percent
8 percent
10 percent
If the City chooses not to finance its share of the Hyperion
capital upgrade costs through revenue bonds, it will be necessary
to implement a 375 percent rate increase effective January 1,
1992 in order for the City to meet its current contractual
obligations.
staff believes that bond financing offers a much
more equitable source of funding for these costs.
- 5 -
The city's Present Rate structure
The City's present wastewater rate structure consists of a
variable charge based on a percentage of water consumed times a
per hundred cubic feet (hcf) rate. The methodology which is used
to arrive at the correct percentage of water use which is sUbject
to sewer service charges is based on an assumption as to how much
of each user class' water is used for irrigation or other
exterior uses and how much constitutes interior use which becomes
sewage.
These assumptions, or discharge factors, are presented
in the table below. This rate structure has been in place for
several years with the wastewater unit rate presently at $1.59
per hundred cubic feet.
USER CLASS
single Family
Business in Residence
Duplex
Triplex
Fourplex
Over 4 Apts.
Industry
commercial
Public schools
Churches
DISCHARGE FACTOR
50%
50%
68%
76%
85%
90%
100%
100%
50%
100%
Under this rate structure, wastewater customers are charged in
direct proportion to the amount of water they consume, but there
is no minimum charge for cost of service.
.
proposed Rate structure and December 1, 1991, Rate Increase
Using FY 1989-90 data from the City's utilities billing system,
water production records, and wastewater flow records, KJC
performed a cost of service analysis. This analysis provides for
a fair and equitable distribution of costs and groups customers
with similar discharge patterns by user class. Because different
- 6 -
user classes have different wastewater system characteristics and
impose different costs for treatment, separate wastewater rates
for each user class are proposed. It is also proposed that costs
be recovered through both a fixed service charge and a variable
volume rate. Additionally, for industrial and some commercial
users with higher sewage strength, it is proposed, in accordance
with state and federal guidelines, that a charge be assessed for
sewage strength. The rate structure presented below incorporates
the proposed initial 37 percent average rate increase.
Fixed Service Charge
An important concept that emanates from the cost of service
analysis is the recouping of fixed wastewater operation costs
from a fixed service charge rather than from a variable volume
rate. The City'S present sewer service charge derives revenue
from a rate based solely on water consumption. However, under
such a revenue structure, significant reductions in water
consumption jeopardize the financial integrity of the city's
wastewater utility. Employee salaries and benefits, insurance,
legal, general maintenance and other costs of operation, and the
debt service cost for repayment of bonding for Hyperion System
upgrade costs does not vary with levels of water consumption or
amount of wastewater flows. This means that a majority of the
City'S wastewater system's costs (approximately 65%) are fixed.
These fixed costs are incurred whether or not customers discharge
wastewater and are associated with the "readiness to serve" of
the system.
- 7 -
In an effort to move the City toward recovery of all of its fixed
costs through a fixed service charge, this report recommends that
a fixed service charge be incorporated into the rate structure to
collect approximately 45 percent of the operation's fixed costs
as part of the proposed December 1, 1991 rate increase.
Subsequent increases in the fixed service charge will be
requested over time, eventually leading to full recovery of fixed
costs.
The newly proposed bi-monthly fixed service charges are:
USER CLASS SERVICE CHARGE BY METER SIZE
Meter single Multi without with
Size Family Family permit* Permit**
5/Sn-3/4 n $ 16.98 $ 34.54 $ 42.81 $ 70.54
1" 23.77 48.36 59.94 98.75
1-1/2" 30.56 62.17 77.07 126.97
2" 49.24 100.17 124.16 204.56
3" 186.76 379.94 407.96 775.92
4" 237.69 483.56 599.40 987.53
6" 356.53 725.34 899.10 1,481.29
811 492.36 1,001.66 1,241.62 2,045.60
* includes governmental, insti tutional, and commercial and
industrial without an industrial discharge permit
**includes commercial with industrial discharge permits (such as
restaurants and photo finishes) and industrial with industrial
discharge permits
variable (Flow Related) Charge
The discharge factors for the variable component of the proposed
waste'vater rate structure approximate the ci ty' s current
discharge factors:
USER CLASS
Single Family
Duplex
Triplex
Fourplex
Over 4 Apartments
DISCHARGE FACTOR
51%
68%
76%
85%
90%
- S -
Individually metered multi-
family, regardless of
number of units
Commercial and Industrial
Government (except landscape
meters)
Public Schools and Churches
Landscape Meters
Single Family
MUlti-Family
Government and Institutional
Commercial, not requiring an
industrial discharge permit
Commercial, requiring an
industrial discharge permit
Industrial, not requiring an
industrial discharge permit
Industrial, requiring an
industrial discharge permit
95%
89%
89%
89%
0%
VARIABLE FLOW CHARGE
$1.. 13 per HeF
$1.13 per RCF
$1.13 per HCF
$1.13 per HCF
$ .84 per HCF
$1. 13 per HeF
$ .84 per HeF
Strength Charge
In order to comply with state and federal regulations, the City's
wastewater utility is required to also allocate costs on the
basis of sewage strength as indicated by biochemical oxygen
demand (BOD) and suspended solids (83).
These costs are
associated with industrial users and some commercial users (such
as restaurants) whose wastewater discharge strength is stronger
than that of domestic users.
The proposed BOD and 55 charges
are:
USER CLASS
commercial and Industrial with
Industrial Permit
Commercial and Industrial with
Industrial Permit
STRENGTH CHARGE
$ .15 per pound BOD
The industrial and commercial users which fall into this category
$ .38 per pound 56
Control Ordinance.
are currently regulated by the City's Industrial Wastewater
- 9 -
Affect of proposed Wastewater Rate structure (as of December 1,
1991)
The affect of the proposed wastewater rate structure and the
December 1, 1991, increase differs with each user class, and in
some cases the proposed rate structure will result in a decrease.
A comparison of the average impact for each user class follows.
The impact on a sample of users from each user class is as
follows:
12-1-91
METER CURRENT PROPOSED DOLLAR
USER CLASS SIZE HCF BILL BILL INCR/DCRS
Single Family 3/411 32 $ 25.44 $ 35.42 $ 9.98
Multi Family 1-1/2" 92 117.02 159.24 43.91
(7 units)
Small Profes-
sional Bldg. 3/411 38 60.42 81. 02 20.60
Auto'" Repair 3/4" 6 13.88 79.43 65.50
Large Sit-Down
Restaurant 1-1/211 481 764.79 1,495.83 731.04
Laudromat 1-1/2" 496 788.64 674.61 -114.03
Car Wash 2" 517 822.03 726.44 -95.59
Hospital 2 - 4"/
2 - 611 13,186 20,965.74 20,324.36 -632.38
Hotel 3"/611 1,329 2,113.10 5,486.91 3,373.81
Due to the impact of the proposed fixed service charge, customers
in each user class will also be affected differently depending on
the amount of water consumed. Those customers in each user class
who continue to consume less than the average amount of water
will likely experience a greater percentage increase in their
wastewater bill.
The rate re-structuring proposal has been
forwarded to and discussed with Rent Control staff.
- 10 -
The attached table compares Santa Monica's proposed wastewater
rate for single family occupancies with wastewater rates of other
cities in the area.
BUDGET/FINANCIAL IMPACT
The proposed wastewater rate structure and December 1, 1991, rate
increase will generate approximately $1,396,750 in additional
revenue at account 31-500-661-00000-0165-100000 for FY 1991-92.
The estimated full year impact in FY 1992-93 will be $2,860,544.
This increased revenue is the amount necessary to meet the
proposed debt coverage and on-going operations and maintenance
costs for the wastewater system.
A proposed resolution which
sets the specific rates described above will be submitted for
Council review and action concomitant with the second reading of
the ordinance.
RECOMMENDATION
It is recommended that the city Council:
1. Approve the proposed wastewater rate structure as
described in this report; and
2. Introduce for first reading the attached ordinance
revising Santa Monica Municipal Code Sections 7137 and 7143 to
incorporate the new wastewater rate structure.
Prepared by: stan Scholl, Director of General services
F. J. Schroeder, Interim utilities Manager
Jean Stanley Higbee, Sr. Administrative Analyst
(srwwrate)
Attachment: Table "Single Family Bill comparison - city of
Santa Monica - Wastewater utility"
Ordinance
- 11 -
SINGLE FAMILY BILL COMPARISON
CITY OF SANTA MONICA - WASTEWATER UTILITY
CURRENT FY '992-93 RATE caallTJONS I
UTI I.: TY 811.1.(1) 91 LL(Z} SUBSIDY LA IEMBER I
Santa MonIca S25 .410 535.42\ IKlNE YES
Los Angeles 533. 15 139.30 ' MOllIE yES
Et SeglrlOO(3) S16. DO S17.28 ! Gen F t.n:I yES
i
:'lenaale $42.24 $04562 NOllIE YES
Severt y HI lla $40.70 $50.44 WONE YES
Las Vlrgenes $3'.50 $34.02 lfONE YES
LA CCI.rlty San. $10.00 510.60 I T ues NO
IIIu'1ICID8Lltles
Torrlll'lCe(4) $13.00 513.7! ,Gen FLRl I He
InglNOOd(4) S~S.OO S19.OS \GIn fll'lQ I MO
C,) All bIlls are bi-~thly end ~ an 32 Hc1/Cycle.
(2) FY 1991-93 prOjected bIll IS bauC en the current 1:l1ll wid, lIn
1 nc:reesec:l of !!X, wt'l1 en apprOXTlftl'Ces LA tre.a.nt end 0&14 cost
~cal.tHln fKtor.
(3) Currently 11\ Lltl;.tlGn WIth LA over caDltel cost elloeeelena.
(4) These CItIes dlsenarge wastewater to LA COuntY San. DIstrIct.
CA:RMM:moxd0002/hpw/pc
city council Meeting 10-1-91
Santa Monica, California
ORDINANCE NUMBER
(City council Series)
AN ORDINANCE OF THE CITY COUNCIL OF THE
CITY OF SANTA MONICA AMENDING SECTIONS 7137, 7143A, 7143B, 7143C,
AND 71430 OF THE SANTA MONICA MUNICIPAL CODE RELATING TO
SEWER SERVICE CHARGES
THE CITY COUNCIL OF THE CITY OF SANTA MONICA DOES ORDAIN AS
FOLLOWS:
SECTION 1. Section 7137 of the Santa Monica Municipal Code
is amended to read as follows:
SECTION 7137.
Sewer Connection
Fee.
(a) The owner or developer of a
building in the City shall pay a sewer
connection fee to the City.
This fee
shall be paid to the Department of
General Services before the issuance of
the next permi t or certificate of
occupancy of the building.
No Ci ty
permit or certificate shall be issued in
connection with a building until the
Department of General Services certifies
- 1 -
that payment of the prescribed fee has
been received.
(b)
The fee shall be established
time to time be amended or
by Resolution of the ci ty
and from
revised
Council.
(c) If the use of property subject
to this section is change so that its
sewage flow or strenqth warrants the
payment of a higher fee, as shown on the
city council Resolution setting the fee,
the owner or developer of the property
shall pay an additional fee, as
determined by the Director of General
Services.
(d) This fee shall be
supplementary to all other permit and fee
requirements of this Chapter.
SECTION 2. section 7143A of the Santa Monica Municipal
Code is amended to read as follows:
SECTION 7143A. Sewer Service
Charge. Definitions. As used in Sections
7143A through 7143E, the following words
and phrases shall have the meaning set
forth herein, unless it is apparent from
the context that a different meaning is
intended:
- 2 -
Adjustment: A determination that
the volumetric amount or strength of
sewage which enters the sewer system from
a premise is deemed to be a defined
amount substantially different from that
amount or strenqth specified in a
resolution of the City Council referred
to hereinafter.
Average sewage: The average amount
of sewage which enters the sewer system
from a user, as determined and
established for residential, commercial,
industrial and governmental users from
time to time by resolution of the city
Council.
Biochemical Oxygen Demand (BOD):
The quantity of oxygen utilized in the
biochemical oxidation of organic matter
in five (5) day at 20 degrees centigrade
expressed in terms of milliqrams per
liter (mg/l) and analyzed in accordance
with the most recent publication of
"Standard Methods for the Examination of
Water and Wastewater, n prepared and
published by the American Public Health
Association, American Water Works
Association, and Water Pollution Control
Federation.
- 3 -
commercial: That use of the sewer
system which is in any manner related to
the operation of or on any premises for
purposes of business, commerce or trade.
Discharge Factor: A factor which
shall be applied to the water usaqe of a
particular class of user to reflect the
actual or estimated percentage of water
usaqe which is discharqed to the sewer
system.
Governmental: That use of the
sewer system by a city, city and county,
county, state, federal government, or a
political subdivision of any of the
foreqoinq.
Industrial: That use of the sewer
system which is in any manner related to
manufacturing or processing activities.
Premises: A parcel of real
property, and any appurtenances and
improvements situated thereon,
discharging sewage or connected to the
sewer system.
Residential: That use of the sewer
system which is related to predominantly
residential use of the premises in
discharging sewage into the sewer system.
- 4 -
Sewage: The used, spent, or wasted
discharge of the community of the City
received, directly or indirectly, by the
sewer system from one or more of the
following sources, to wit: residences,
commercial buildings, industrial plants,
other structures and institutions,
sub-surface water, surface water, and
storm water.
Sewer service charge: That amount
imposed upon users of the sewer system as
provided for in this chapter.
Sewer System: The entire network
of appurtenances, improvements, fixtures,
real and personal property involved and
contributing to the operation and
maintenance of the sewage collection and
disposal system of the city of Santa
Monica and the city of Los Angeles,
including but not limited to sewer
facilities, pumping stations, and
treatment plants.
Residential Sewage strength: The
concentration of dissolved and suspended
matter in sewage, as indicated by
Biochemical Oxyqen Demand or Suspended
SOlids, which derives from normal
- 5 -
residential
discharges
to
the
sewer
system.
sewage strength: The concentration
of dissolved and suspended matter in
sewaqe, as indicated by Biochemical
Oxyqen Demand or Suspended Solids, as
defined herein.
Suspended Solids (SS): The total
non-filtrable residue in water,
wastewater or other liquids, which is
removable in accordance with the most
recent publication of "Standard Methods
for the Examination of Water and
Wastewater," prepared and published by
the American Public Health Association,
American Water Works Association, and the
Water Pollution Control Federation.
User:
An
owner
or
occupant,
whether commercial, governmental,
industrial or resldential, of an
appurtenance, improvement, buildlng, lot
or premises being served by the City of
Santa Monica Water Division, and
discharqinq sewage or havinq a connection
to discharqe sewaqe, to the sewer system.
User Class: A qroup of users of
the water system or sewer system which,
in the ludqment of the utilities Manaqer,
- 6 -
have similar purposes for water use,
similar wastewater discharqe requirements
and similar wastewater strenqth
characteristics.
wastewater: Synonymous with the
definition of Sewage set forth above.
SECTION 3. section 7143B of the Santa Monica Municipal
Code is amended to read as follows:
SECTION 7143B.
Charges.
Sewer Service
(a) There is hereby imposed a
sewer service charge for the receiving,
transportation, pumping, treatment, and
disposal of sewage through the sewer
system, and capital replacement costs
pertaining thereto.
(b) The sewer service charge shall
be a charge to commercial, governmental,
industrial, residential, and other users
of the sewer system. It shall have three
components as follows:
(1) A fixed rate component,
which shall be based on a user class and
the capacity in the sewer system which a
user may require, as indicated by size of
water meter, and which shall generally be
- 7 -
intended, in its aqqreqate, to recover
the City's fixed costs of service to that
particular user class.
(2) A variable rate
component, which shall be based on
estimated volume discharge of sewaqe as
determined by metered water usaqe and
adopted discharqe factors, or by measured
sewaqe discharqe, and which shall
generally be intended, in its aqqreqate,
to recover the City's variable or
flow-related costs of service.
(3) A sewaqe strength
component, which shall apply to all
commercial and industrial users who are
required by Article V, Chapter 4 of the
Santa Monica Municipal Code to obtain an
Industrial Wastewater Permit. It shall
be based on the actual or estimated
sewaqe strenqth, and shall qenerally be
intended, in its aqqreqate, to recover
the city/s variable costs of collectinq,
transportinq, treatinq and disposinq of
sewaqe which exceeds residential sewaqe
strenqth. This component may also be
applied to other users when, in the
judgment of the utilities Manager, the
- 8 -
strength of discharge of that user
exceeds residential sewage strength.
(c) The sewer service charge shall
be computed at the rates established from
time to time by resolution of the City
Council.
(d) No sewer service charge shall
be made or collected on any appurtenance,
improvementr building, lot or premises
where there is no connection to discharqe
sewaqe to the sewer system.
( e) Any user, at his or her own
option and cost, may obtain a permit from
the Department of General services and
install pursuant thereto and subject to
inspection by the Department of General
Services, a metering device or devices
approved by the Department of General
Services for measuring all of the sewage
discharged into the sewer system from his
premises. For purposes of this
subsection (e) , the total aggregate
measured through said device or devices
during a given billing period will be
deemed to be the average sewage from his
premises for said billing period.
(f) The Director of General
Services or his or her designated
- 9 -
representative shall have the power and
duty, and is hereby directed to enforce
all of the provisions of Sections 7143A
through 7143 E, incl us i ve, except as
otherwise set forth herein, and shall
provide such rules and regulations as are
consistent with the provisions of said
sections and may be necessary or
desirable to aid in the administration,
adjustments, and enforcements of said
sections.
SECTION 4. Section 7l43C of the Santa Monica Municipal
Code is amended to read as follows:
section 7143C. Billing-collec-
tions-payment of Charges-Delinquency
Penalties. The Director of General
Services shall direct, supervise and
control the collection of the sewer
serv ice charge imposed in this Chapter,
and shall arrange for the billing,
collection, delinquency penalties, and
accounting for the sewer service charge
through the available facilities of the
Water Division of the City and ln
accordance wlth its regular billing
practices, as provided in the applicable
- 10 -
sections of the Santa Monica Municipal
Code.
SECTION 5. section 7143D of the Santa Monica Monica
Municipal Code is amended to read as follows:
section 7143D.
Adjustment and
Appeals.
(a) The director of General
Services shall have the authority to
provide for adjustments in the discharge
factors and sewaqe strenqths established
Qy resolution of the City Council in
cases where the Director of General
Services determines that the actual
quantity or quality of sewage discharge
is substantially different from those
established. The Director of General
Services shall also have authority to
prorate fixed rate and variable rate
components of the sewer service charge in
cases where more than one user class are
served by a common water meter.
(b) Any user may appeal
determinations of the Director of General
Services as provided for in section 6072
of the Santa Monica Municipal Code.
- 11 -
SECTION 6.
Any provision of the Santa Monica Municipal
Code or appendices thereto inconsistent with the provisions of
this Ordinance, to the extent of such inconsistenc1es and no
further, are hereby repealed or modified to that extent necessary
to affect the provisions of this Ordinance.
SECTION 7.
If any section, subsection, sentence, clause,
or phrase of this Ordinance is for any reason held to be invalid
or unconstitutional by a decision of any court of any competent
jurisdiction, such decision shall not affect the validity of the
remaining portions of this Ordinance.
The city Council hereby
declares that it would have passed this Ordinance, and each and
every section, subsection, sentence, clause, or phrase not
declared invalid or unconstitutional without regard to whether
any portion of the Ordinance would be subsequently declared
invalid or unconstitutional.
SECTION 8. The Mayor shall sign and the City Clerk shall
attest to the passage of this Ordinance.
The City Clerk shall
cause the same to be published once in the official newspaper
within 15 days after its adoption. This Ordinance shall become
effective after 30 days from its adoption.
APPROVED AS TO FORM:
~~+~,~
ROBERT M. MYERS
City Attorney
- 12 -