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HomeMy WebLinkAboutOCSD-04 REPEALED BY OCSD-9 ORDINANCE NO.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