Aklufi’s Legal Opinion on Violating Prop 218

Beaumont City Attorney Sends Letter to Water Control Board Stating No Vote Required to Raise Sewer Fees

By: Libi Uremovic | Original Article at patch.com

May 8, 2013

State Water Resources Control Board
Division of Financial Assistance
Post Office Box 944212
Sacramento, California 94244-2120

Re: City of Beaumont Applications for Financial Assistance
Attachment 7 – “Financial Assistance Credit Review Checklist,”
Item 9. “Legal Opinion Prop 218 and Pledged Revenue”

To Whom It May Concern:

I am the City Attorney for the City of Beaumont and the purpose of this letter is to convey my legal opinion with regard to the source of repayment for the funding applied for under the above-referenced matter.

I have personal knowledge of the following facts:

1. That the source of repayment is to be sewer service rates paid by the residents and businesses of the City of Beaumont who use the City’s publicly-owned wastewater collection, treatment and disposal facilities.

2. That the City is authorized to levy and collect sewer service rates pursuant to Chapter 13.08, Section 13.08.320 of the Beaumont Municipal Code, and City of Beaumont Resolution No. 2013-06. There are no conditions that prevent or otherwise restrict the use of the revenue generate thereunder for repayment.

3 The sewer system rates were most recently adjusted on March 5, 2013, at a duly-noticed regular meeting of the City Council of the City of Beaumont, conducted pursuant to a notice mailed to each of the ratepayers of February 26, 2013.

4. I hereby certify that the rate settings proceedings were conducted in compliance with the substantive and procedural requirements of Proposition 218 and, pursuant to Proposition 218, no election was required because there was no significant protest.

I declare under penalty of perjury under the laws of the State of California and the foregoing is true and correct.

AKLUFI AND WYSOCKI
JOSEPH S. AKLUFI, City Attorney for the
CITY OF BEAUMONT

JSA:dvh

Prop 218, California Constitution Article XIII C and D, prohibit local governments from imposing property-related fees and assessments without property owners’ consent.