HomeMy WebLinkAboutResolution 1983 - 0190 (REPEALED)RESOLUTION NO.83-190
REVISING PROCEDURES FOR COLLECTION OF DELINQUENT
OBLIGATIONS AND REPEALING RESOLUTION NO.82-19
A JOINT RESOLUTION OF THE BOARDS OF DIRECTORS OF COUNTY
SANITATION DISTRICTS NOS.1,2,3,4,5,6,7 AND 11
OF ORANGE COUNTY,CALIFORNIA REVISING PROCEDURES
FOR THE COLLECTION OF DELINQUENT OBLIGATIONS OWING
TO THE DISTRICTS AND REPEALING RESOLUTION NO.82-19
WHEREAS,in the course of conducting the business affairs of the Districts,
certain accounts receivable become delinquent and,in fact,uncollectable;and,
WHEREAS,the costs incurred by the Districts in attempting collection of
delinquent accounts receivable can exceed the amounts recovered;and,
WHEREAS,costs and efficiency can be greatly improved by the adoption of
certain policies relating to the collection of accounts.
NOW,THEREFORE,the Boards of Directors of County Sanitation Districts Nos.1,
1,2,3,4,5,6,7 and 11 of Orange County,California,
DO HEREBY DETERMINE,RESOLVE AND ORDER:
Section 1 The Finance Director is authorized to write off as an
uncollectable debt any delinquent obligation owing to the Districts in excess of
ninety (90)days and not exceeding the sum of One Hundred Dollars ($100.00).
Section 2 The Finance Director is authorized to assign for collection
to a person or firm of his choosing,any delinquent obligation owing to the
Districts in excess of thirty (30)days and not exceeding the sum of One
Thousand Five Hundred Dollars ($1500.00).Ninety (90)days after assigning
the obligation for collection,the Finance Director is authorized to write
off as an uncollectable debt,any portion of the obligation which is still
tstanding.
REPEALED BY
88-61
Section 3 The Finance Director is authorized to file the necessary
roceedings in the Small Claims Court of the respective judicial district
of the County of Orange in order to collect any delinquent obligation owing
to the Districts in excess of thirty (30)days and not exceeding the sum of
One Thousand Five Hundred Dollars ($1500.00).Upon obtaining a judgment in
favor of the Districts,the Finance Director and General Counsel shall take all
legal measures necessary to enforce the terms of the judgment.Ninety (90)
days after receiving a final judgment in favor of the Districts,the Finance
Director is authorized to write off as an uncollectable debt,any portion of
the obligation which is still outstanding.
Section 4 In addition to the above,the Finance Director shall forward
any delinquent obligation in excess of One Thousand Five Hundred Dollars
($1500.00)to the General Counsel for the Districts who shall submit his
econunendation to the Boards of Directors as to the method of collection of
aid account.
Section 5 In addition to the above authorizations,the Finance Director
is directed to exercise all available lawful methods to insure prompt and
full recovery of all obligations owing to the Districts.
Section 6 The Finance Director is authorized to offset against any sums
held on deposit by the Districts on behalf of any person who owes a delinquent
obligation to the Districts.
Section 7 The Finance Director is authorized to withhold the approval
of any permits otherwise to be issued by the Districts to any person who has
an outstanding debt obligation owing to the Districts until such time as said
debt obligation is paid in full.
Section 8 In the event of a delinquent obligation,in an amount up to
10,000.00,owing by an industrial waste permittee where a formal written request
is submitted by the permittee indicating that the permittee is in a position of
financial hardship as evidenced by accompanying documentation outlining the
permittee’s financial condition,the Finance Director and the General Counsel are
authorized to negotiate and execute a deferred payment agreement with such
permittee in accordance with guidelines established herein.
The installment payment agreement shall be for a maximum term not to exceed six
months.The agreement shall provide for payment of interest on the principal
amount owing at the prime rate plus 2½%.The prime rate shall be established as
the rate set and in effect by Bank of America,San Francisco,California on the
date of the agreement.The agreement shall provide for payment of all costs of
preparing and administering the payment agreement,including legal and
~ministrative costs.
The agreement shall stipulate the penalties to which the permittee shall be
subjected in the event of non—payment of any of the payments specified in the
agreement,including initiation of legal action or permit revocation,as
recommended by the General Counsel.
If the delinquent obligation is greater than $10,000.00,any deferred payment
agreement shall be submitted to and approved by the Boards of Directors,who shall
prescribe the terms and conditions.
Section 9 That Resolution No.82—19 is hereby repealed and made of no further
effect.
Section 10 The effective date of this resolution is December 15,1983.
PASSED AND ADOPTED at a regular meeting held December 14,1983.
STATE OF CALIFORNIA)
SS.
~OUNTY OF ORANGE
I,WILLIAM H.BUTLER,Secretary of the Boards of Directors of County
Sanitation Districts Nos.1,2,3,5,6,7 and 1].of Orange County,
California,do hereby certify that the foregoing Resolution No.83—190 was
passed and adopted at a regular meeting of said Boards on the 14th day of
December,1983,by the following vote,to wit:
AYES:Ruth Bailey,Barbara Brown,Sam Cooper,Norman Culver,Richard
Edgar,Bruce Finlayson,Henry Frese,Victor Grgas,Don Griffin,
Dan Griset,Robert Hanson,Donald A.Holt,Jr.,Elvin Hutchison,
Carol Kawanami,Frank Marshott,Philip Maurer,Gerald Mullen,
Carrey Nelson,Ron Pattinson,Bob Perry,Ruthelyn Plummer,Don
Roth,Donald J.Saltarelli,Don Smith,Charles E.Sylvia,John A.
Thomas,Bill Vardoulis,James Wahner,Henry Wedaa,Dorothy Wedel,
Harriett Wiedér,Duane Winters
NOES:None
ABSENT:None
IN WITNESS WHEREOF,I have hereunto set my hand and affixed the official
seal of County Sanitation District No.1 on behalf of itself and Districts
Nos.2,3,5,6,7 and 11 of Orange County,California,this 14th day of
December,1983.
William H.Butler,ecretary
Boards of Directors,County
Sanitation Districts Nos.~1,2,3,
5,6,7 and 11 of Orange County,
Californja