Boynton

Plaintiff property owners appeal from a decision upholding the constitutionality of the method by which the City of Lakeport fixes sewer rates and water rates.

The trial court found that the classification of the sewer rates was “uniform and reasonable and is not arbitrary, discriminatory or capricious,” and that only an additional water charge of $.25 per dwelling unit over two in number was invalid.

We have concluded for the reasons and facts hereinafter set forth that (1) the sewer rate plan is not discriminatory and is a valid rate plan, and (2) the ordinance fixing water rates is invalid to the extent it charges larger minimum rates to commercial users with the same number of meters as others charged a lower rate.

Sewer Rates

On April 24, 1967, the City Council of the City of Lakeport, sitting as the governing body of the City of Lakeport Municipal Sewer District No. 1, adopted ordinance No. 427 pertaining to sewer rates which, among other things, provided that: “Section V. Maintenance Fees: The City Council shall prescribe by Resolution the charges, time and manner of collection of all sewer maintenance fees.

“The City Council may by Resolution, classify or…