HomeMy WebLinkAboutOCSD-04 REPEALED BY
OCSD-9
ORDINANCE NO. OGSD-04
AN ORDINANCE OF THE BOARD OF DIRECTORS OF ORANGE
COUNTY SANITATION DISTRICT ADOPTING CAPITAL
FACILITIES CONNECTION CHARGES
WHEREAS, former County Sanitation Districts Nos. 1, 2, 3, 5, 6, 7, 11, 13 and
14 of Orange County, California (the "Predecessor Districts"), were nine individual
county sanitation districts organized pursuant to the County Sanitation District Act
(California Health & Safety Code Sections 4700 et seq.). By action of the Boards of
Directors of the Predecessor Districts, pursuant to specific legislation enacted by the
California State Legislature in 1996, an application was submitted to the Orange
County Local Agency Formation Commission to legally consolidate the nine
Predecessor Districts into one single sanitation district for all purposes. The
application was approved, with an effective date of July 1, 1998. As of July 1, 1998,
the Predecessor Districts cease to exist, and one single consolidated county sanitation
district, known as the "Orange County Sanitation District' (the "District"), comes into
existence in place of the Predecessor Districts. The District is formed to carry on the
functions, and by operation of law, succeeds to all of the rights, title and obligations of
the Predecessor Districts; and,
WHEREAS, the Boards of Directors of the Predecessor Districts previously, by
duly adopted Ordinances, established capital facilities connection charges, to be paid
by all persons obtaining a permit to connect to the Districts' system; and,
WHEREAS, the Board of Directors of the District has determined that it is
necessary, for the immediate preservation of the public health and safety, and in order
to continue the provision of wastewater collection, treatment, and disposal services, to
continue the provisions of those Ordinances in effect, without interruption; and,
WHEREAS, the Board of Directors of the District has received a management
report, including financial needs of the District, and wishes to reaffirm the policy of the
Predecessor Districts of imposing connection fees when new territory is annexed to the
District, and to adopt findings supporting the amount of the fees adopted pursuant to
this Ordinance.
The Board of Directors of Orange County Sanitation District does hereby FIND:
A. That a comprehensive 30-year Master Plan of Capital Facilities
entitled, "Collection, Treatment and Disposal Facilities Master Plan - 1989", hereinafter
the"Master Plan", which includes detailed financial and engineering reports, has been
prepared, approved and adopted by the Boards of Directors of the Predecessor
y�y
z4022LI
� 1
Districts identifying the required future development of District facilities, including the
financial projections for providing sewer service to all properties within the District's
service areas; and,
B. That the financial and engineering reports of the Master Plan have been
made available to the public and have been subject to noticed public hearings, all in
accordance with the provisions of law, and,
C. That the revenues derived under the provisions of this Ordinance will be
used for the acquisition, construction, reconstruction, maintenance, and operation of
the wastewater collection, treatment and disposal facilities of the District; to repay
principal and interest on debt instruments, or to repay federal or state loans for the
construction and reconstruction of said sewerage facilities, together with costs of
administration and provisions for necessary reserves; and,
D. That the properties upon which the fees established by this Ordinance are
levied, will discharge wastewater to the District's collection, treatment and disposal
facilities; that the costs of operating and maintaining said facilities has constantly
increased due in part to increased regulatory requirements to upgrade the treatment
process; and that said costs will exceed the amounts of any ad valorem tax revenues
derived from said property; and,
E. That the connection fees imposed by authority of this Ordinance do not
exceed the estimated amount required to provide access to the sewer service for which
the fee is levied, as provided in California Constitution Article XIIID; and,
F. That the fees adopted by this Ordinance are a re-enactment of fees
previously adopted by authority of actions taken by the Boards of Directors of the
Predecessor Districts, and are established upon a rational basis between the fees
charged each property that is connecting, and the service and facilities provided to
each connected property by the District; and
G. That the District has, by Ordinance No. OCSD-02, established separate
revenue areas based upon numerous factors, including but not limited to, geographical
features, Predecessor Districts' boundaries, drainage areas, and costs of service, with
the intention that fees and charges, including connection fees, would continue at the
same rate within a revenue area as existed in the Predecessor Districts, except to the
extent of any individual adjustments based upon approved studies and reports; and,
H. That the adoption of this Ordinance is statutorily exempt under the
California Environmental Quality Act from further environmental assessment pursuant
to the provisions of California Public Resources Code Section 21080(b)(8), and 14
California Code of Regulations Section 15273(a).
20904W
6402s i 2
NOW, THEREFORE, the Board of Directors of Orange County Sanitation District
does hereby ORDAIN:
Section 1: Connection Permits. Required.
A. Connection permits are required of dwelling units, buildings and
structures connecting directly or indirectly to the District's sewerage facilities. Included
are the connections of laterals to local municipal sewerage facilities, and the
connection of local municipal sewerage facilities and laterals to the District's facilities.
B. No permit shall be valid unless the real property to be served by
use of the permit is included within the boundaries of the District and within the
boundaries of a local sewering agency authorized to maintain public sewering facilities.
However, a permit may be issued for property to be served outside the boundaries of a
local sewering agency if a local sewering agency makes application for the issuance of
such permit.
C. There will be no capital facilities connection charges assessed to
local government agencies for connecting directly or indirectly to District's sewerage
facilities; however, a connection permit must be obtained.
D. Payment of capital facilities connection charges established by this
Ordinance for connection to the District's sewerage facilities shall be required at the
time of issuance of the building permit for all construction within the District, excepting
in the case of a building legally exempt from the requirement of obtaining a building
permit. The payment of the sewer capital facilities connection charge for such
buildings will be required at the time of and prior to the issuing of a plumbing
connection permit for any construction within the territorial limits of the District.
E. A schedule of the capital facilities connection charges specified
herein will be on file in the office of the Secretary of the District and in the Building
Department of each City within the District.
Section 2: District has, by Ordinance No. OCSD-02, established separate
revenue areas based upon numerous factors, including but not limited to, geographical
features, the Predecessor Districts' boundaries, drainage areas, and costs of service,
with the intention that fees and charges, including connection charges, would continue
at the same rate within a revenue area as existed in the Predecessor Districts, except
to the extent of any individual adjustments based upon approved studies and reports.
64023J 3
Section 3: Revenue Area No. 1 Capital Facilities Connection Charges.
A Connection Charge: Payment Required. No application for a
permit for a connection to a District sewerage facility or to any sewerage facility which
discharges into a District sewerage facility shall be considered until a District capital
facilities connection charge is paid by the applicant. No connection permit shall be
issued unless there is an established use of the property to be served or a valid
building permit issued which establishes the use of said property.
B. District Connection Charge Amounts - Revenue Area No. 1.
(1) Capital facilities connection charge for new construction,
dwelling buildings:
For each new dwelling unit constructed, the capital facilities
connection charge shall be $2,360.00 per dwelling unit.
(2) Capital facilities connection charge for existing dwelling
buildings:
For the connection of each existing dwelling unit, the capital
facilities connection charge shall be $2,360.00 per dwelling
unit.
(3) Capital facilities connection charge for new construction and
existing structures, other than dwelling buildings:
For all other new construction, including but not limited to,
commercial and industrial buildings, hotels and motels and
public buildings, the capital facilities connection charge shall
be $472.00 per 1,000 square feet of floor area contained
within such construction, provided that the minimum capital
facilities connection charge for such new construction shall
be $2,360.00.
(4) Capital facilities connection charge for replacement
buildings:
For new construction replacing former buildings, the capital
facilities connection charge shall be calculated on the same
basis as provided in subparagraphs (1) and (3) above. If
such replacement construction is commenced within two (2)
years after demolition or destruction of the former building, a
meoaoo 4
� i
credit against such charge shall be allowed and shall be the
equivalent capital facilities connection charge for the
building being demolished or destroyed, calculated on the
basis of current charges for new construction. In no case
shall such credit exceed the capital facilities connection
charges.
(5) Capital facilities connection charges for additions or
alterations of existing buildings:
In the case of structures where further new construction or
alteration is made to increase the occupancy of family
dwelling buildings or the area of buildings to be used for
other than family dwelling buildings, the capital facilities
connection charge shall be $2,360.00 for each dwelling unit
added or created, and in the case of new construction other
than family dwelling buildings, it shall be $472.00 per 1,000
square feet of additional floor area contained within such
new construction, provided such new construction shall
contain additional plumbing fixture units.
Section 4: Revenue Area No. 2 Capital Facilities Connection Charaes.
A. Connection Charge: Payment Required. No application for a
permit for a connection to a District sewerage facility or to any sewerage facility which
discharges into a District sewerage facility shall be considered until a District capital
facilities connection charge is paid by the applicant. No connection permit shall be
issued unless there is an established use of the property to be served or a valid
building permit issued which establishes the use of said property.
B. District Connection Charge Amounts- Revenue Area No. 2.
(1) Capital facilities connection charge for new construction,
dwelling buildings:
For each new dwelling unit constructed, the capital facilities
connection charge shall be $2,360.00 per dwelling unit.
zoso-3oo
seoza , 5
(2) Capital facilities connection charge for existing dwelling
buildings:
For the connection of each existing dwelling unit, the capital
facilities connection charge shall be $2,360.00 per dwelling
unit.
(3) Capital facilities connection charge for new construction and
existing structures, other than dwelling buildings:
For all other new construction, including but not limited to,
commercial and industrial buildings, hotels and motels and
public buildings, the capital facilities connection charge shall
be $472.00 per 1,000 square feet of floor area contained
within such construction, provided that the minimum capital
facilities connection charge for such new construction shall
be $2,360.00.
(4) Capital facilities connection charge for replacement
buildings:
For new construction replacing former buildings, the capital
facilities connection charge shall be calculated on the same
basis as provided in subparagraphs (1) and (3) above. If
such replacement construction is commenced within two (2)
years after demolition or destruction of the former building, a
credit against such charge shall be allowed and shall be the
equivalent capital facilities connection charge for the
building being demolished or destroyed, calculated on the
basis of current charges for new construction. In no case
shall such credit exceed the capital facilities connection
charges.
(5) Capital facilities connection charges for additions or
alterations of existing buildings:
In the case of structures where further new construction or
alteration is made to increase the occupancy of family
dwelling buildings or the area of buildings to be used for
other than family dwelling buildings, the capital facilities
connection charge shall be $2,360.00 for each dwelling unit
added or created, and in the case of new construction other
than family dwelling buildings, it shall be $472.00 per 1,000
zaxi ao
saa13 1 6
square feet of additional floor area contained within such
new construction, provided such new construction shall
contain additional plumbing fixture units.
Section 5: Revenue Area No. 3 Capital Facilities Connection Charges.
A. Connection Charge: Payment Required. No application for a
permit for a connection to a District sewerage facility or to any sewerage facility which
discharges into a District sewerage facility shall be considered until a District capital
facilities connection charge is paid by the applicant. No connection permit shall be
issued unless there is an established use of the property to be served or a valid
building permit issued which establishes the use of said property.
B. District Connection Charge Amounts - Revenue Area No. 3.
(1) Capital facilities connection charge for new construction,
dwelling buildings:
For each new dwelling unit constructed, the capital facilities
connection charge shall be $2,360.00 per dwelling unit.
(2) Capital facilities connection charge for existing dwelling
buildings:
For the connection of each existing dwelling unit, the capital
facilities connection charge shall be $2,360.00 per dwelling
unit.
(3) Capital facilities connection charge for new construction and
existing structures, other than dwelling buildings:
For all other new construction, including but not limited to,
commercial and industrial buildings, hotels and motels and
public buildings, the capital facilities connection charge shall
be $472.00 per 1,000 square feet of floor area contained
within such construction, provided that the minimum capital
facilities connection charge for such new construction shall
be $2,360.00.
640M-Io 7
(4) Capital facilities connection charge for replacement
buildings:
For new construction replacing former buildings, the capital
facilities connection charge shall be calculated on the same
basis as provided in subparagraphs (1) and (3) above. If
such replacement construction is commenced within two (2)
years after demolition or destruction of the former building, a
credit against such charge shall be allowed and shall be the
equivalent capital facilities connection charge for the
building being demolished or destroyed, calculated on the
basis of current charges for new construction. In no case
shall such credit exceed the capital facilities connection
charges.
(5) Capital facilities connection charges for additions or
alterations of existing buildings:
In the case of structures where further new construction or
alteration is made to increase the occupancy of family
dwelling buildings or the area of buildings to be used for
other than family dwelling buildings, the capital facilities
connection charge shall be$2,360.00 for each dwelling unit
added or created, and in the case of new construction other
than family dwelling buildings, it shall be $472.00 per 1,000
square feet of additional floor area contained within such
new construction, provided such new construction shall
contain additional plumbing fixture units.
Section 6: Revenue Area No. 5 Capital Facilities Connection Charges.
A. Connection Charge: Payment Required. No application for a
permit for a connection to a District sewerage facility or to any sewerage facility which
discharges into a District sewerage facility shall be considered until a District capital
facilities connection charge is paid by the applicant. No connection permit shall be
issued unless there is an established use of the property to be served or a valid
building permit issued which establishes the use of said property.
zoeoaoo
6W29_1 8
B. District Connection Charge Amounts - Revenue Area No. 5.
(1) Capital facilities connection charge for new construction,
dwelling buildings:
For each new dwelling unit constructed, the capital facilities
connection charge shall be $2,360.00 per dwelling unit.
(2) Capital facilities connection charge for existing dwelling
buildings:
For the connection of each existing dwelling unit, the capital
facilities connection charge shall be $2,360.00 per dwelling
unit.
(3) Capital facilities connection charge for new construction and
existing structures, other than dwelling buildings:
For all other new construction, including but not limited to,
commercial and industrial buildings, hotels and motels and
public buildings, the capital facilities connection charge shall
be $472.00 per 1,000 square feet of floor area contained
within such construction, provided that the minimum capital
facilities connection charge for such new construction shall
be $2,360.00.
(4) Capital facilities connection charge for replacement
buildings:
For new construction replacing former buildings, the capital
facilities connection charge shall be calculated on the same
basis as provided in subparagraphs (1) and (3) above. If
such replacement construction is commenced within two (2)
years after demolition or destruction of the former building, a
credit against such charge shall be allowed and shall be the
equivalent capital facilities connection charge for the
building being demolished or destroyed, calculated on the
basis of current charges for new construction. In no case
shall such credit exceed the capital facilities connection
charges.
zoso.am 9
soon i
(5) Capital facilities connection charges for additions or
alterations of existing buildings:
In the case of structures where further new construction or
alteration is made to increase the occupancy of family
dwelling buildings or the area of buildings to be used for
other than family dwelling buildings, the capital facilities
connection charge shall be $2,360.00 for each dwelling unit
added or created, and in the case of new construction other
than family dwelling buildings, it shall be $472.00 per 1,000
square feet of additional floor area contained within such
new construction, provided such new construction shall
contain additional plumbing fixture units.
Section 7: Revenue Area No. 6 Capital Facilities Connection Charges.
A. Connection Charge: Payment Required. No application for a
permit for a connection to a District sewerage facility or to any sewerage facility which
discharges into a District sewerage facility shall be considered until a District capital
facilities connection charge is paid by the applicant. No connection permit shall be
issued unless there is an established use of the property to be served or a valid
building permit issued which establishes the use of said property.
B. District Connection Charge Amounts - Revenue Area No. 6.
(1) Capital facilities connection charge for new construction,
dwelling buildings:
For each new dwelling unit constructed, the capital facilities
connection charge shall be $2,360.00 per dwelling unit.
(2) Capital facilities connection charge for existing dwelling
buildings:
For the connection of each existing dwelling unit, the capital
facilities connection charge shall be $2,360.00 per dwelling
unit.
10
(3) Capital facilities connection charge for new construction and
existing structures, other than dwelling buildings:
For all other new construction, including but not limited to,
commercial and industrial buildings, hotels and motels and
public buildings, the capital facilities connection charge shall
be $472.00 per 1,000 square feet of floor area contained
within such construction, provided that the minimum capital
facilities connection charge for such new construction shall
be $2,360.00.
(4) Capital facilities connection charge for replacement
buildings:
For new construction replacing former buildings, the capital
facilities connection charge shall be calculated on the same
basis as provided in subparagraphs (1) and (3) above. If
such replacement construction is commenced within two (2)
years after demolition or destruction of the former building, a
credit against such charge shall be allowed and shall be the
equivalent capital facilities connection charge for the
building being demolished or destroyed, calculated on the
basis of current charges for new construction. In no case
shall such credit exceed the capital facilities connection
charges.
(5) Capital facilities connection charges for additions or
alterations of existing buildings:
In the case of structures where further new construction or
alteration is made to increase the occupancy of family
dwelling buildings or the area of buildings to be used for
other than family dwelling buildings, the capital facilities
connection charge shall be $2,360.00 for each dwelling unit
added or created, and in the case of new construction other
than family dwelling buildings, it shall be $472.00 per 1,000
square feet of additional floor area contained within such
new construction, provided such new construction shall
contain additional plumbing fixture units.
11
Section B: Revenue Area No. 7 Capital Facilities Connection Charoes.
A. Connection Charge: Payment Required. No application for a
permit for a connection to a District sewerage facility or to any sewerage facility which
discharges into a District sewerage facility shall be considered until a District capital
facilities connection charge is paid by the applicant. No connection permit shall be
issued unless there is an established use of the property to be served or a valid
building permit issued which establishes the use of said property.
B. District Connection Charge Amounts - Revenue Area No. 7.
(1) Capital facilities connection charge for new construction,
dwelling buildings:
For each new dwelling unit constructed, the capital facilities
connection charge shall be $2,360.00 per dwelling unit.
(2) Capital facilities connection charge for existing dwelling
buildings:
For the connection of each existing dwelling unit, the capital
facilities connection charge shall be $2,360.00 per dwelling
unit.
(3) Capital facilities connection charge for new construction and
existing structures, other than dwelling buildings:
For all other new construction, including but not limited to,
commercial and industrial buildings, hotels and motels and
public buildings, the capital facilities connection charge shall
be $472.00 per 1,000 square feet of floor area contained
within such construction, provided that the minimum capital
facilities connection charge for such new construction shall
be $2,360.00.
(4) Capital facilities connection charge for replacement
buildings:
For new construction replacing former buildings, the capital
facilities connection charge shall be calculated on the same
basis as provided in subparagraphs (1) and (3) above. If
such replacement construction is commenced within two (2)
years after demolition or destruction of the former building, a
12
credit against such charge shall be allowed and shall be the
equivalent capital facilities connection charge for the
building being demolished or destroyed, calculated on the
basis of current charges for new construction. In no case
shall such credit exceed the capital facilities connection
charges.
(5) Capital facilities connection charges for additions or
alterations of existing buildings:
In the case of structures where further new construction or
alteration is made to increase the occupancy of family
dwelling buildings or the area of buildings to be used for
other than family dwelling buildings, the capital facilities
connection charge shall be $2,360.00 for each dwelling unit
added or created, and in the case of new construction other
than family dwelling buildings, it shall be $472.00 per 1,000
square feet of additional floor area contained within such
new construction, provided such new construction shall
contain additional plumbing fixture units.
(6) Trunk capital facilities connection charge, residential uses:
Family dwelling unit: $6.00 per front foot for the real property
fronting on and connecting to a trunk sewer, provided that
no such charge shall be less than $400.00, plus the
applicable regular capital facilities connection charge for
dwelling units hereinabove specified.
(7) Trunk capital facilities connection charge, commercial or
industrial establishments:
$10.00 per front foot for the real property fronting on and
connecting to a trunk sewer, provided that no such front foot
charge shall be less than $500.00, plus the applicable
regular capital facilities connection charge for new
construction and existing structures other than dwelling
buildings hereinabove specified.
aaeo aoo
saoz, , 13
(8) Assessment District capital facilities connection charge:
The regular capital facilities connection charges provided in
the preceding subparagraphs of this Section, plus a sum of
money equal to the assessment charge without interest, or
Treasurer's charge which would have been made against
the real property on which said improvements are located,
had said real property been assessed within the
Assessment District which constructed or acquired the
Assessment District sewer to which connection is made.
Section 9: Revenue Area No. 11 Capital Facilities Connection Charges.
A Connection Charge: Payment Required. No application for a
permit for a connection to a District sewerage facility or to any sewerage facility which
discharges into a District sewerage facility shall be considered until a District capital
facilities connection charge is paid by the applicant. No connection permit shall be
issued unless there is an established use of the property to be served or a valid
building permit issued which establishes the use of said property.
B. District Connection Charge Amounts- Revenue Area No. 11.
(1) Capital facilities connection charge for new construction,
dwelling buildings:
For each new dwelling unit constructed, the capital facilities
connection charge shall be $2,360.00 per dwelling unit.
(2) Capital facilities connection charge for existing dwelling
buildings:
For the connection of each existing dwelling unit, the capital
facilities connection charge shall be $2,360.00 per dwelling
unit.
(3) Capital facilities connection charge for new construction and
existing structures, other than dwelling buildings:
For all other new construction, including but not limited to,
commercial and industrial buildings, hotels and motels and
public buildings, the capital facilities connection charge shall
be$472.00 per 1,000 square feet of floor area contained
within such construction, provided that the minimum capital
sei 14
facilities connection charge for such new construction shall
be $2,360.00.
(4) Capital facilities connection charge for replacement
buildings:
For new construction replacing former buildings, the capital
facilities connection charge shall be calculated on the same
basis as provided in subparagraphs (1) and (3) above. If
such replacement construction is commenced within two (2)
years after demolition or destruction of the former building, a
credit against such charge shall be allowed and shall be the
equivalent capital facilities connection charge for the
building being demolished or destroyed, calculated on the
basis of current charges for new construction. In no case
shall such credit exceed the capital facilities connection
charges.
(5) Capital facilities connection charges for additions or
alterations of existing buildings:
In the case of structures where further new construction or
alteration is made to increase the occupancy of family
dwelling buildings or the area of buildings to be used for
other than family dwelling buildings, the capital facilities
connection charge shall be $2,360.00 for each dwelling unit
added or created, and in the case of new construction other
than family dwelling buildings, it shall be $472.00 per 1,000
square feet of additional floor area contained within such
new construction, provided such new construction shall
contain additional plumbing fixture units.
Section 10: Revenue Area No. 13 Capital Facilities Connection Charces.
A. Connection Charce: Payment Required. No application for a
permit for a connection to a District sewerage facility or to any sewerage facility which
discharges into a District sewerage facility shall be considered until a District capital
facilities connection charge is paid by the applicant. No connection permit shall be
issued unless there is an established use of the property to be served or a valid
building permit issued which establishes the use of said property.
eai3 15
B. District Connection Charae Amounts - Revenue Area No 13.
(1) Capital facilities connection charge for new construction,
dwelling buildings:
For each new dwelling unit constructed, the capital facilities
connection charge shall be $2,360.00 per dwelling unit.
(2) Capital facilities connection charge for existing dwelling
buildings:
For the connection of each existing dwelling unit, the capital
facilities connection charge shall be $2,360.00 per dwelling
unit.
(3) Capital facilities connection charge for new construction and
existing structures, other than dwelling buildings:
For all other new construction, including but not limited to,
commercial and industrial buildings, hotels and motels and
public buildings, the capital facilities connection charge shall
be $472.00 per 1,000 square feet of floor area contained
within such construction, provided that the minimum capital
facilities connection charge for such new construction shall
be $2,360.00.
(4) Capital facilities connection charge for replacement
buildings:
For new construction replacing former buildings, the capital
facilities connection charge shall be calculated on the same
basis as provided in subparagraphs (1) and (3) above. If
such replacement construction is commenced within two (2)
years after demolition or destruction of the former building, a
credit against such charge shall be allowed and shall be the
equivalent capital facilities connection charge for the
building being demolished or destroyed, calculated on the
basis of current charges for new construction. In no case
shall such credit exceed the capital facilities connection
charges.
16
(5) Capital facilities connection charges for additions or
alterations of existing buildings:
In the case of structures where further new construction or
alteration is made to increase the occupancy of family
dwelling buildings or the area of buildings to be used for
other than family dwelling buildings, the capital facilities
connection charge shall be $2,360.00 for each dwelling unit
added or created, and in the case of new construction other
than family dwelling buildings, it shall be $472.00 per 1,000
square feet of additional floor area contained within such
new construction, provided such new construction shall
contain additional plumbing fixture units.
Section 11: Exceptions. The provisions of this Ordinance shall apply to all
owners of properties within the District, including those properties otherwise deemed
exempt from payment of taxes or assessments by provisions of the State Constitution
or statute, including properties owned by other public agencies or tax-exempt
organizations.
Section 12: Payment of Capital Facilities Connection Charges. Payment of
capital facilities connection charges shall be required at the time of issuance of the
building permit for all construction within the Revenue Area, excepting in the case of a
building legally exempt from the requirement of obtaining a building permit. The
payment of the capital facilities connection charge for such exempt buildings will be
required at the time of, or prior to, the issuance of a plumbing connection permit for any
construction within the Revenue Area.
Section 13: Payment of Capital Facilities Connection Charoe: Off-Site Sewers
Not Part of Master Plan Relative to Reimbursement Agreements. The charges for
connections to off-site sewers which are not included as part of the District Master Plan
and for which a Non-Master Plan Reimbursement Agreement has been entered into
between the District and the property owner, shall be in the amount provided for in said
Agreement. The amount set forth in said Agreement shall be the amount due, whether
the original Agreement is still in force, has been extended, or has expired. The capital
facilities connection charges shall be in addition to any other charges hereinabove
established for the property connecting to said facilities.
Section 14: Upon application of any property seeking to connect to the
District's system, the Board of Directors of District, in its sole and absolute discretion
and upon a finding of compelling need, may, pursuant to the authority of California
Health & Safety Code Section 5474, approve of an agreement with the property owner
for the payment of the applicable connection charge in installments over a period of not
640ML1 17
to exceed five (5) years, bearing an interest rate on the unpaid balance of not to
exceed ten (10%) percent per annum, and that the charges and interest shall constitute
a lien on the property.
Section 15: Severability. If any provision of this Ordinance or the application to
any person or circumstances is held invalid by order of Court, the remainder of the
Ordinance, or the application of such provision to other persons or other
circumstances, shall not be affected.
Section 16: This Ordinance is enacted as an urgency measure to take effect
immediately in order to fulfill the on-going obligations of the Predecessor Districts,
which, by operation of law, are now the District, with all legal rights and obligations
being immediately transferred from the Predecessor Districts to the District.
Section 17: This Ordinance shall take effect immediately upon adoption.
Section 18: The Secretary of the Board shall certify to the adoption of this
Ordinance and shall cause a summary to be published in a newspaper of general
circulation as required by law.
PASSED AND ADOPTED by the affirmative vote of not less than two-thirds of
the Board of Directors of the Orange County Sanitation District at a Special Meeting
held July 1, 1998.
Chair, Board of Dire tors
Orange County Sanitation District
A TT�ST7 : y�
/0,
Secrete f the B d of Directors
Orange,County Sa nation District
homas L. Woodruff, General Counsel
e1 18
STATE OF CALIFORNIA )
)SS.
COUNTY OF ORANGE )
I, PENNY KYLE, Secretary of the Board of Directors of Orange County
Sanitation, do hereby certify that the above and foregoing Ordinance No. OCSD-04
was passed and adopted at a special meeting of said Board on the 1 st day of July,
1998, by the following vote, to wit:
AYES: Burnie Dunlap, Chair; George Brown; John Collins; Jan Debay;
Barry Denes; Harry Dotson; James M. Ferryman; Mark Leyes;
Patsy Marshall; Pat McGuigan, Darryl Miller, Eva Miner-Bradford,
Mark A. Murphy, Margie Rice, Thomas R. Saltarelli; Christina
Shea; William G. Steiner; Dave Sullivan; Charles E. Sylvia
NOES: None
ABSENT: Steve Anderson, Don Bankhead; Norman Z. Eckenrode, John M.
Gullixson; Anna L. Piercy; Bob Zemel
IN WITNESS WHEREOF, I have hereunto set my hand this 1st day of July,
1998.
/// .
Penny M. Ie
Secretary o the Boarcaf Directors of
Orange County Sanitation District
H:MP.DTA\AOMINI&SORDINANCES\1998\OCS CERTIFICATION.O