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HomeMy WebLinkAboutOrdinance No. 323 ORDINANCE NO. 323 AN ORDINANCE OF THE BOARD OF DIRECTORS OF COUNTY SANITATION DISTRICT NO. 3 OF ORANGE COUNTY, CALIFORNIA, RELATING TO PAYMENT OF EXCESS CAPACITY CHARGES WHEREAS, the Board of Directors of County Sanitation District No. 3 of Orange County, California ("District") has heretofore adopted Ordinance No. 317, an Ordinance Establishing Wastewater Discharge Regulations for Use of District Sewerage Facilities; and, WHEREAS, Section 309 of Ordinance No. 317 was amended by the adoption of Ordinance No. 322 by the Board of Directors, effective July 1,1995, establishing the method for calculation of excess capacity charges; and, WHEREAS, the Board of Directors has been advised that major industrial users of the District's system required to pay excess capacity charges are faced with significantly large charges that presently are required to be paid in a lump sum prior to the issuance of permits; and, WHEREAS, the Board of Directors has determined that a fair and equitable method by which the excess capacity charges are paid so as to minimize the financial burden upon the users would be to establish a program for the scheduled payment over a period of time; and, WHEREAS, the Board of Directors has determined that there are a number of pending developments for the establishment of new major industrial facilities throughout the District's service area, whose ability to proceed is dependent upon a scheduled time payment for the District's excess capacity charges. NOW, THEREFORE, the Board of Directors of County Sanitation District No. 3 of Orange County, California, DOES HEREBY ORDAIN AS FOLLOWS: Section 3: Section 309.5 is hereby added to Ordinance No. 317 to read: "Section 309.5. Excess Capacity Charge -Deferred Payment Schedules. Applicants for a permit to connect to the District's facilities which require the payment of excess capacity charges as provided in Section 309.3, may separately apply and request that the payment of the excess capacity charge be deferred in accordance with the terms and conditions of the District's standard agreement for deferred payment. Said agreement shall provide for payment over a period not to exceed ten (30) years and shall include, in addition to the basic charge, interest at a rate equal to that which is sufficient to provide to the District the present value of the applicable excess capacity charges as of the date of permit issuance. Said agreement shall be approved by the District's General Manager and Director of Finance, and shall be approved as to form by District's General Counsel." Section If: This Ordinance is enacted as an Urgency Ordinance, in order to allow for the immediate issuance of waste discharge permits to pending applicants for development and connection. In the absence of doing so, the developments may be unable to proceed, thus resulting in the immediate loss of significant numbers of employment opportunities and financial loss to the business developer. This Ordinance is effective upon adoption. Section III: The Secretary of the Board of Directors shall certify to the adoption of this Ordinance and shall cause the same to be published in a newspaper of general circulation in the District as required by law. PASSED AND ADOPTED at a regular meeting held August 23, 1995. `l Chair, Board of Di ctors County Sanitation District No. 3 of Orange County, California Secretary o h Bo of Directors County San ion trict No. 3 of Orange County, California J MPDOQ CRD�T1323 STATE OF CALIFORNIA) )SS. COUNTY OF ORANGE ) I, PENNY KYLE, Secretary of the Board of Directors of County Sanitation District No. 3 of Orange County, California, do hereby certify that the above and foregoing Ordinance No. 323 was passed and adopted at a regular meeting of said Board on the 23rd day of August, 1995, by the following vote, to wit: AYES: Sal A. Sapien, Chair, George Brown, John Collins, Burnie Dunlap, James H. Flora, Don R. Griffin, Victor Leipzig, Wally Linn, Pat McGuigan, Margie L. Rice, Julie Sa, Roger R. Stanton, Charles E. Sylvia, George Zlacket NOES: None ABSTENTIONS: None ABSENT: Cecilia Age, Bob Zemel IN WITNESS WHEREOF, I have hereunto set my hand this 23rd day of August, 1995. D &04 Penny Kyle Secretary o e o rd of Directors' County Sanitation istrict No. 3' , of Orange County, California FO 323