HomeMy WebLinkAboutOrdinance No. 1408 ORDINANCE NO. 1408
AN ORDINANCE OF THE BOARD OF DIRECTORS OF
COUNTY SANITATION DISTRICT NO. 14 OF ORANGE
COUNTY, CALIFORNIA, RELATING TO PAYMENT OF EXCESS
CAPACITY CHARGES
WHEREAS, the Board of Directors of County Sanitation District No. 14 of Orange
County, California ("District") has heretofore adopted Ordinance No. 1403, an Ordinance
Establishing Wastewater Discharge Regulations for Use of District Sewerage Facilities; and,
WHEREAS, Section 309 of Ordinance No. 1403 was amended by the adoption of
Ordinance No. 1407 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. 14 of
Orange County, California,
DOES HEREBY ORDAIN AS FOLLOWS:
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Section 1: Section 309.5 is hereby added to Ordinance No. 1403 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 309.1, 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 (10) 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 II: 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.
Chair, Board of Dii u tors
County Sanitation District No. 14 of
Orange County, California
Secretary o B9&#J of Directors
County San ion ' trict No. 14 of
Orange County, Ca ifomia
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STATE OF CALIFORNIA)
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COUNTY OF ORANGE )
I, PENNY KYLE, Secretary of the Board of Directors of County Sanitation District
No. 14 of Orange County, California, do hereby certify that the above and foregoing
Ordinance No. 1408 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: Thomas R. Saltarelli, Chair, Barry Hammond, William G.
Steiner, Peer A. Swan
NOES: None
ABSTENTIONS: None
ABSENT: Mark A. Murphy
IN WITNESS WHEREOF, I have hereunto set my hand this 23rd day of August,
1995.
Penny Kyle
Secretary of Ve Vrd of Directors
County Sanitation District No. 14.:
of Orange County, California '.
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