HomeMy WebLinkAboutC-2100 - Agreement for District Sewer Services for City (See Contract 718)I
CITY OF NEWPORT BEACH
OFFICE OF THE CITY CLERK
P.O. BOX 1768, NEWPORT BEACH, CA 92658-8915
(714) 644-3005
TO: FINANCE DIRECTOR
/2-/f-9/
FROM: CITY CLERK
DATE: December 18, 1991
SUBJECT: Contract No. C-2100(Amended)
Description of Contract Amendment to Costa Mesa Sanitary
District Agreement Increasing Fees for Service
Effective date of Contract December 12, 1991
Authorized by Minute Action, approved on November 12. 1991
Contract with Costa Mesa Sanitary District
Address P.O. Box 1200
Costa Mesa, CA 92628-1200
Amount of Contract (See Agreement)
Wanda E. Raggio
City Clerk
WER:pm
Attachment
3300 Newport Boulevard, Newport Beach
• •
(3d)
BY THE CITY i:0°.;�--..:-_
CTY OF NEWPORT BEACH
APPROVED
CITY COUNCIL MEETING
November 12, 1991
Agenda Item f'3(6)
TO: MAYOR SANSONE AND MEMBERS OF THE CITY COUNCIL
FROM: Utilities Director
SUBJECT: AMENDMENT TO COSTA MESA SANITARY DISTRICT C
AGREEMENT INCREASING FEES FOR SERVICE.
( e-771)
Recommendation: Approve an amendment to the 1979 Agreement
between the City of Newport Beach and the Costa Mesa Sanitary District
(CMSD) setting the fee for service at $17.01 per dwelling unit for those areas
within the City served by CMSD.
Background:
Portions of the City of Newport Beach adjacent to Irvine Avenue receive sewer
service from CMSD (exhibit A). In addition, certain areas of the City along the
northern side of 16th Street receive service from CMSD and/or the City of
Newport Beach (exhibit B). Service has been provided under a 1979 agreement
between the City and CMSD. The service area pockets were caused by the pace of
annexations which often followed development and the need for sewer service.
Both the City and CMSD have found that from time to time it is less expensive
and more efficient to pay a fee for service than to construct capital projects that
would duplicate facilities maintained and operated by the other agency.
The present agreement for the City to use CMSD facilities calls for periodic
increases in the fees charged to the City. Since 1979, CMSD failed to increase these
fees which remain at $11.25 per dwelling unit per year.
CMSD has requested an amendment to the agreement increasing the fee to $17.01
per unit for the properties adjacent to Irvine Avenue. An additional charge is
also placed on the property tax bills of these units by CMSD. Staff will prepare a
resolution applying the fee to the utilities bills for the dwelling units involved.
Newport Beach, in the last decade, has eliminated its service pockets in Costa
Mesa with the exception of a "border" area along 16th Street. As the sharing of
services along 16th Street are approximately equal, each agency will levy its own
charge on properties within its service area. No additional charge is proposed by
either agency for providing service in this particular area. This understanding is
formalized by the agreement.
• •
The Utilities Committee reviewed the amendment and forwards it to the City
Council with a recommendation for approval. The Committee also requested
staff to forward the agreement and documentation to the Deputy City Manager for
action on eventually annexing into the City service area those portions of the City
within the CMSD.
Respectfully submitted,
Robert J. Dixon
Utilities Director
cc Deputy City Manager
Z
AMENDMENT TO SERVICE AGREEMENT
THIS AGREEMENT is made and entered into this f day of betemIe21991, by
and between the COSTA MESA SANITARY DISTRICT, fonii d under the Sanitary District
Act of 1923, hereinafter called "DISTRICT"; and CITY OF NEWPORT BEACH, a municipal
corporation, hereinafter called "CITY".
RECITALS:
1. The parties to THIS ANIIIIDNIENT entered into a Service Agreement August 9,
1979, which said Agreement is still in full force and effect.
2. Paragraph VIII of the said Agreement sets forth the charges for the
services provided for by the Agreement and the method of increase.
3. The parties hereto desire to amend said Agreement and to set forth their
rights and obligations in connection therewith.
NOW, THEREFORE, for and in consideration of the covenants herein contained,
performed and to be performed, the parties hereto agree as follows:
I
Paragraph VIII of said Agreement is amended in its entirety to read as
follows:
"It is further understood and agreed by and between the parties hereto
that there shall be an annual service fee which shall be in lieu of
annexation to the DISTRICT and the imposition of an ad valorem tax and
that said fee shall be in the amount of Seventeen and One Hundredths
(517.01) Dollars for each single family dwelling unit, and in the amount
of Seventeen and One Hundredths ($17.01) Dollars per twenty (20) fixture
units for development other than single family as provided for in the
ordinances of the DISTRICT, payable in advance on the first day of Sep-
tember of each calendar year. Price per unit as expressed herein will be
adjusted annually to conform with the rate established by the DISTRICT at
-1-
ATTEST:
ATTEST:
City Clerk
APPROVED AS TO FORM:
Atr6rney for DIS
its annual public hearing to set the rate for the sewer user fee
charge."
II
The following paragraph is added to said Agreement as Paragraph X and said
Paragraph X in said Contract shall be deemed renumbered as Paragraph XI:
"X
Reference is made hereto to Exhibit "B" attached to THIS AGREEMENT and
made a part hereof delineating certain DISTRICT facilities within CITY
and certain CITY facilities within DISTRICT and each party to THIS
AGREEMENT shall be responsible for the collection and retention of fees
provided for herein within the geographical boundary of each party
hereto irrespective of which party actually serves the area."
III
Except as herein amended, the provisions of the Agreement of August 9, 1979
by and between the parties hereto shall remain in full force and effect.
DA1'E1J on the day and year first above written.
COSTA MESA SANITARY DISTRICT
By.
President
CITY -OF NEWPORT BEACH
Mayor
City/Attey, City of Newport Beach
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Costa Mesa Recycles
December 16, 1991
Ms Virginia Varin
Executive Secretary
City of Newport Beach
P.O. Box 1768
Newport Beach, CA 92659-1768
AMENDMENT TO SERVICE AGREEMENT DATED AUGUST 9, 1979
Dear Ms Varin:
DIRECTORS
James A. Wahner, President
James Ferryman, Vice President
Harry S. Green, Secretary
Nate Reade
Dick Sherrick
Enclosed is a fully executed agreement for your files which
amends the original agreement between the City of Newport
Beach and Costa Mesa Sanitary District, dated August 9,
1979.
Sincerely,
FLORINE T. REICHLE
ASSISTANT MANAGER/
CLERK OF THE DISTRICT
FTR
c: Robert Dixon, Utilities Director
Robin Hamers, District Engineer
Roy June, Attorney for District
P.O. BOX 1200, COSTA MESA, CALIFORNIA 92628-1200 • 77 FAIR DRIVE • (714) 754-5043
Costa Mesa Recycles
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COSTA MESA �/DISTRICT
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October 14, 1991
1114,71/
Mr. Bob Dixon
Utilities Director
City of Newport Beach
949 W. 16th Street
Newport Beach, CA 92663
RE: AMENDMENT TO CMSD/CNB AGREEMENT
Dear Bob:
Enclosed please find two copies of subject
by the Costa Mesa Sanitary District Board
meeting on October 10, 1991.
DIRECTORS
James A. Wahner, President
James Ferryman, Vice President
Harry S. Green, Secretary
Nate Reade
Dick Sherrick
amendment as approved
of Directors at their
Please have both copies executed and returned to this office
final signing by the CMSD Board.
If you have any questions, please call me at 714/631-1731.
11L
ly,
Robin B. Hamers
District Engineer
RBH/jp/cnbagre
cc. Staff
for
P.O. BOX 1200, COSTA MESA, CALIFORNIA 92628-1200 • 77 FAIR DRIVE • (714) 754-5043
CITY OF NEGRT BEACH
CALIFORNIA
City Hall
3300 W. Newport Blvd.!
Area Code 714 •
DATE August 17, 1979
TO: FINANCE DIRECTOR
FROM: City Clerk
SUBJECT: Contract No. 2100
t
Description of Contract Agreement for Sewer Service in Newport Beach
Authorized by Resolution No.
Effective date of Contract
Contract with
aS9a
?sirs.* 9, 1.979
adopted on Jtmc 25, 1979
Chs*a masa Saaitasy Cons -Tact
Address 77 Fair Drive
Costa Mesa, Calif
Amount of Contract see contract
July 9, 1979
Costa Mesa Sanitary District
77 Fair Drive
Costa Mesa, CA 92626
Enclosed are three copies of an agreement between the City
of Newport Beach and the Costa Mesa Sanitary District which
wte authorized by the City Council of the City of Newport
Beach at its meeting on June 25, 1979 by the adoption of -
Resolution No. 9594, a certified copy of which is attached.
After the -agreement has been fully executed by the District,
please return two copies for our filed.
DORIS GEORGE.
City Clerk
DO:ma
Encl.
•
PI EASE RETURN TO
CITY CLERK
CiTY CF NEWPORT BEACH
3300 NEWPORT BOULEVARD
NEWPORT BEACH, CALIF. 92663
AGREEMENT
At
THIS GREEMENT, made and entered into this 9 —
day of , 197f, by and between the COSTA
MESA SANITAfl' DISTRICT, formed under the Sanitary District
Act of 1923, hereinafter called "DISTRICT", and CITY OF
NEWPORT BEACH, a municipal corporation, hereinafter called
"CITY";
WITNESSETH: That
WHEREAS, certain properties lie within the geographi-
cal limits of CITY and outside the jurisdictional limits of
DISTRICT; and
WHEREAS, DISTRICT has established a policy of de-
clining annexations of territory within the geographical
limits of CITY and outside of the boundaries of the City of
Costa Mesa or its zone of influence; and
WHEREAS, certain undeveloped parcels of land can be
more practically and economically served by DISTRICT than
by CITY; and
WHEREAS, an alternative to annexation, being a ser-
vice contract, has developed for the use of DISTRICT and
CITY in serving said parcels; and
WHEREAS, some preexisting service contracts now
exist, the terms and conditions of which must be reassessed
in light of changing economic conditions; and
-1-
•
WHEREAS, the parties hereto desire to establish by
this AGREEMENT fixed terms and conditions to be applicable
to all contracts between DISTRICT and CITY for sanitary
sewer service; and
WHEREAS, it is the intention of the parties hereto
that this AGREEMENT establish the rights and obligations
between DISTRICT and CITY on past contracts as hereinafter
set forth and on future contracts which may, from time to
time, be entered into by and between the parties hereto; and
WHEREAS, the parties hereto desire to set forth their
rights and liabilities in connection herewith;
NOW, THEREFORE, FOR AND IN CONSIDERATION OF THE
COVENANTS CONTAINED HEREIN, PERFORMED AND TO BE PERFORMED,
the parties hereto agree as follows:
I.
It is understood and agreed by and between the parties
hereto that the terms and conditions as set forth herein
shall be applicable and effective for any sanitary sewer
service provided by DISTRICT outside the jurisdictional
limits of DISTRICT, but within the geographical limits of
CITY and within the zone of influence of CITY, all in accor-
dance with a plat map attached to this AGREEMENT and by this
specific reference made a part hereof.
II.
It is further understood and agreed by and between the
parites hereto that the terms and conditions of this AGREEMENT
-2-
are intended to be applicable to residential development and
institutional, office and professional developments within
the geographical limits of CITY and within CITY's zone of in-
fluence and is not applicable to developments other than those
specifically set forth in this paragraph.
III.
It is further understood and agreed by and between
the parties hereto that the following three (3) contracts
previously entered into between CITY and DISTRICT are hereby
deemed rescinded and the service to be performed by DISTRICT
for the territories being served by said contracts are to be
served in accordance with the provisions of this AGREEMENT.
A. That certain contract dated the 19th day of
January, 1961, relating to One Hundred Sixty-two (162)
residential lots at or near the intersection of Irvine
Avenue and Twenty-second Street, Newport Beach;
B. That certain contract dated the 14th day of
May, 1962, serving thirty-three (33) single family resi-
dences designated as Tract 4444 in the City of Newport Beach;
C. That certain agreement dated the first day of
September, 1971, relating to the Harbor Christian Church at
the intersection of Santa Isabel Avenue and Irvine in the
City of Nepwort Beach.
IV.
It is understood and agreed by and between the parties
hereto that construction of the sanitary sewer facilities,
-3-
including manholes, pump stations, underground laterals
and mains, shall be by persons or entities other than DIS-
TRICT and shall be done in accordance with plans and speci-
fications approved by the DISTRICT Engineer and in accor-
dance with all laws, regulations, building and plumbing and
electrical codes of whatever kind and wherever applicable.
V.
It is further understood and agreed by and between
the parites hereto that acquisition of any right-of-way
shall be by persons or entities other than DISTRICT and
that DISTRICT shall be provided with proof of acquisition
of right-of-way prior to or at the time of the granting of
construction permits by the governmental agency having
jurisdiction over said construction.
VI.
It is further understood and agreed by and between
the parites hereto that CITY shall require any applicant de-
siring to use facilities of DISTRICT to first obtain a per-
mit from DISTRICT. The applicant shall comply with Ordinances
No. 6 and 7 of the DISTRICT in its present form or as it
may be hereinafter amended, a copy of the current Ordinance
of which is attached to this AGREEMENT marked Exhibit "A" and
by this specific reference made a part hereof and shall pay
or caused to be paid to 'DISTRICT sewage facility use and
connection fees described therein. The applicant shall pay
-4-
or cause to be paid all other fees including but not neces-
sarily limited to Orange County Sanitation District acreage
fees, DISTRICT inspection permit fees and all other fees and
licenses legally imposed by governmental agencies having
jurisdiction over any sewer construction project. The appli-
cant shall also be responsible for and shall obtain or cause
to be obtained all necessary building and construction per-
mits from any governmental agency having jurisdiction over
said projects and shall obtain any permits necessary from
the Coastal Conservation Commission, if applicable, and
shall prepare or cause to be prepared and filed such environ-
mental impact reports or negative declarations as shall be
required by any governmental agency having jurisdiction over
the project.
VII.
It is further understood and agreed by and between the
parties hereto that DISTRICT shall not be responsible for the
maintenance, replacement, repair and upkeep of any of that
portion of the mainline sewer facilities which are installed
outside of the geographical limits of DISTRICT and DISTRICT's
responsiblity for replacement, repair and upkeep shall begin
within DISTRICT at a point where CITY's facilities connect
with DISTRICT's facilities. The maintenance, upkeep, service
and repair or replacement of laterals of said lines outside
of DISTRICT on any private property shall also be by persons
or entities other than DISTRICT.
-5-
VIII.
It is further understood and agreed by and between the
parties hereto that there shall be an annual service fee which
shall be in lieu of annexation to the DISTRICT and the imposi-
tion of an ad valorem tax and that said fee shall be in the
amount of Eleven Dollars and Twenty-five Cents ($11.25) for
each single family dwelling unit, and in the amount of Eleven
Dollars and Twenty-five Cents ($11.25) per twenty (20) fixture
units or fraction thereof for development other than single
family as provided for in DISTRICT Ordinance No. 6 attached
to this AGREEMENT, payable in advance on July 1st of each
calendar year. Price per units as expressed herein may be
adjusted annually in accordance with the United States De-
partment of Labor, Bureau of Labor Statistics, Consumer Price
Index for all Urban Consumers for the Los Angeles -Long Beach
average (1967=100).
IL.
It is further understood and agreed by and between
the parties hereto that CITY or its contractor will comply
with all of the provisions of Section 6500 through and in-
cluding 6707 of the Labor Code, Section 4215 of the Govern-
ment Code, such of the laws, rules and regulations as are
applicable, Federal, State and Local, to the construction of
said facility.
-6-
X.
This AGREEMENT shall be for a term of
ao
years from and after the date hereof and may be terminated
sooner by the parties hereto by either party's giving One
Hundred Eighty (180) days' notice in writing in advance of
the intention to terminate.
DATED on the day and year first above written.
COSTA MESA SANITARY DISTRICT
ATTEST:
ATTEST:
City Clerk
APP' f+VED AS TO FORM:
Cty y;orney
City o '-wport Beach.
Br '
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CITY OF NEWPORT BEACH
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-- Area of C.N.B. within C.M.S.D. and
Served by C.N.B.
-- Areas of C.N.B. outside C.M.S.D.
Served by C.N.B. but with C.M.S.D.
Providing Transmission Main Capacity.
— Future Areas within C.N.B. that could fat.,
be Served by C.N.B. with C.M.S.D.
Providing Transmission Main Capacity. —
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ORDINANCE NO. 6
AN ORDINANCE PROVIDING RULES AND REGULATIONS
RELATING TO CONNECTIONS TO DISTRICT SEWERAGE
FACILITIES, ESTABLISHING CHARGES THEREFOR AND
PROVIDING PENALTIES FOR VIOLATIONS.
THE BOARD OF DIRECTORS OF THE COSTA MESA SANITARY DISTRICT
DOES ORDAIN AS FOLLOWS:
ARTICLE I - DEFINITIONS
For the purposes of this Ordinance, certain words and terms
are defined as follows:
(a) Assessment Charges. Are those charges paid directly
by the property owner for the construction of street sewers.
(b) Connection Manhole. Shall mean a manhole constructed
in the main line of a District trunk or subtrunk sewer not as a part
of the original construction, or a manhole built adjacent thereto,
for the purpose of permitting sewage to flow into a District sewer.
(c) District Connection Charge. Is a connection charge
imposed directly by District as a charge for the use of the District's
sewer system,
(d) District Sewerage Facility. Shall mean any property
belonging to District used in the treatment, transportation or
disposal of sewage or industrial waste.
(e) Domestic Sewage. Shall mean the waterborne wastes
derived from the ordinary living processes which are of such volume
and character as to permit satisfactory disposal into a public sewer.
(f) Dwelling Unit. A dwelling unit shall consist of one
or more rooms in any building designed for occupany by one family
and containing one kitchen unit.
(g) Industrial Waste. Shall mean any and all liquid or
solid waste substance, not sewage, from any producing, manufacturing
or processing operation of whatever nature.
(h) Industrial Waste Treatment Plant or Facility. Shall
mean any works or device for the treatment of industrial waste prior
to its discharge into the District sewerage facilities.
- 1 -
(i) Main Sewers. Are those financed in part or totally
by District connection charges or by developers and which form the
connecting links between the trunk or subtrunk sewers and the street
sewers, including pumping facilities when such are necessary.
(j) Plumbing Fixture Unit. A plumbing fixture unit as
used in this Ordinance is defined as being the same as set forth
in Chapter 4 of the Western Plumbing Officials Uniform Plumbing
Code, 1967 Edition, as adopted by the City of Costa Mesa on
December 2, 1968, a copy of which is on file in the office of the
Secretary of the District. All roughing -in for future fixtures
will be counted as fixture units to set charge,
(k) Pretreatment. Shall mean treatment prior to discharge
into a District sewerage facility by means of an industrial waste
treatment plant or facility.
(1) Public Corporation. Shall mean any city, district
or other public agency duly authorized under the laws of the State
of California,
(m) Sewerage Facilities. Are any facilities used in the
collection, transportation, treatment or disposal of sewage and
industrial waste.
(n) Street Sewers. Are those constructed as a result of
local initiative and financing in tracts, subdivisions, commercial
and industrial developments or other built-up areas through the use
of assessment proceedings under the Street Improvement Act of 1911
or otherwise. Street sewers include dry sewers installed by
developers prior to construction of trunk and subtrunk sewers.
(o) Trunk Sewer Manholes. Shall mean those manholes
constructed as a part of the District's sewer system.
ARTICLE 2 - PERMIT REGULATIONS
(a) Requirements. No person or public corporation shall
be permitted to connect to, use or maintain a connection to the
sewerage facilities of the District without a valid permit.
(b) Condition Precedent. No permit shall be valid unless
the real property to be sewered by use of the permit shall be
- 2 -
included within the boundaries of the District or which is currently
being annexed to the District or unless said property is subject
to or being made subject to a service contract between the real
property owner and District,
(c) Permit.
(1) The permit shall be in two parts: First, a
connection permit for the purpose of authorizing connection
to a District sewerage facility under conditions set forth
in said permit; and secondly, a use permit for discharging
sewage and industrial waste into District sewerage
facilities in accordance with the rules, regulations and
ordinances of the District as to characteristics, quality
and quantity of sewage.
(2) The use permit may prescribe requirements as to
a connection manhole, an industrial waste treatment plant
or facility, or pretreatment, all to insure compliance
with the District regulations as to characteristics,
quality and quantity of sewage and industrial waste. Any
such requirements shall be set forth in the permit by the
Manager.
(3) Surcharges for Use Permit, The District hereby
establishes the quantity of 15,000 cubic feet of sewage
or industrial waste per month per acre of real property
served and subject to District's ad valorem tax as the
maximum allowable effluent to be discharged into the
District's sewerage facilities without the payment of
surcharges. Each user subject to District's ad valorem
tax and discharging more than 15,000 cubic feet of sewage
or industrial waste per month per acre shall be charged
$.50 per 1,000 cubic feet or any portion of 1,000 cubic
feet in excess of the 15,000 cubic feet maximum. Each
user not subject to District's ad valorem tax and
discharging more than 15,000 cubic feet of sewage and
industrial waste per month from any one premise shall
- 3 -
be charged $1.00 per 1,000 cubic feet or any portion
of 1,000 cubic feet discharged from such premises.
All public agencies shall be exempt from payment of
any surcharge herein established. Measurements may
be required by the permittee, or permittee's effluent
may be considered
irrigation water)
shall upon demand
usage records.
(4) All existing
amended to comply with
(d)
Suspension of Use
equivalent to the water (excepting
purchased by the permittee. Permittee
provide District with his or its water
permits shall be modified or
the provisions of this Ordinance.
Permit, The second part of the
permit may be suspended if a permittee is acting in violation of any
provision of the permit or of the ordinances, rules or regulations
of the District thirty (30) days after receiving a formal written
notice of such violation and a demand for correction thereof from
the District. Such formal written notice shall be given only
upon recommendation of the Manager and approval of the Directors
of the District,
(e) Violation. For each day or part of a day a permittee
whose permit has been suspended continues
industrial waste into a District sewerage
the permit or of the ordinances, rules or
to discharge sewage or
facility in violation of
regulations of the District,
he or it shall be charged the sum equal to 10 per cent of the
connection charge per day.
No formal written notice of violation shall be authorized
unless the Manager of the District has first given an informal
written notice of violation to the subject permittee at least
fifteen (15) days in advance of action of the Board of Directors.
The same noticing procedure set forth hereinabove shall
apply for intermittent or sporadic violators and in lieu of a
suspension of permit, the District Directors may impose a fine
of not less than $100.00 per day or any part of a day for intermittent
violations. The amount of the fine may be directly related to increased
- 4 -
t
handling costs occasioned to the District by reason of such violations
and/or damage caused to the sewerage facilities of this District by
such violations. In such cases the formal written notice of violation
shall set forth the fine to be imposed for violations after the thirty
(30) day correction periods
(f) Procedure to Acquire Permit. An applicant for a permit
or his agent shall make application on a form furnished by the District.
The permit application shall be supplemented by such plans, specifi-
cations or other information considered pertinent in the judgment of
the Manager of the District, The permit fees and charges as herein-
after described shall be paid to the District at the time the permit
application is filed.
(g) Disposition of Charges. All charges established
under this Article, when collected, shall be deposited in the
District's Revolving Fund.
ARTICLE 3 - PERMIT CHARGES
Before any connection permit shall be issued, the applicant
shall pay to the District or its agent the charges specified herein.
(a) Connection Charge for New Construction, Single Dwelling
Buildings. For each new single dwelling building constructed, the
connection charge shall be $7.50 per plumbing unit. If on or before
December 1, 1969, and on or before each succeeding December 1, the
Directors of the District by resolution duly adopted resolve and
direct, the aforesaid connection charge shall be increased effective
the next succeeding January 1 by adding thereto the sum of $.25 per
plumbing fixture unit.
(b) Connection Charge for New Construction, Multiple
Dwelling Buildings. For each new multiple dwelling building con-
structed, the connection charge shall be $7,50 for each plumbing
fixture unit contained within such construction. If on or before
December 1, 1969, and on or before each succeeding December 1, the
Directors of the District by resolution duly adopted resolve and
direct, effective the next succeeding January 1, the aforesaid
connection charge shall be increased by adding thereto the sum of
- 5 -
$.25 per plumbing fixture unit.
(c) Connection Charges for New Construction, Other Than
Dwelling Units, For all other new construction including but not
limited to commercial, industrial and public building construction,
the connection charge shall be $7.50 for each plumbing fixture unit
contained within such construction, If on or before December 1,
1969, and on or before each succeeding December 1, the Directors
of the District by resolution duly adopted resolve and direct,
effective the next succeeding January 1, the aforesaid charge for
each plumbing fixture unit shall be increased by adding thereto
the sum of $.25 per plumbing fixture unit.
(d) Connection Charges for Replacement Buildings. For
new construction replacing former buildings, the connection charge shall
be as calculated on the same basis as provided in Paragraphs (a), (b),
and (c) hereinabove, If such replacement construction is commenced
within two years after demolition or destruction of the former building,
a credit against such charges shall be allowed calculated at $7.50
per plumbing fixture unit replaced. If on or before December 1, 1969,
and on or before each succeeding December 1, the Directors of the
District by resolution duly adopted resolve and direct, effective the
next succeeding January 1, the aforesaid credit shall be increased
by adding thereto the sum of $.25 per plumbing fixture unit replaced.
(e) Connection Charges for Additions to or Alterations of
Existing Buildings, In the case of structures where further new
construction or alteration is made to increase the occupancy thereof
(including the finishing of commercial buildings into sub -lease
occupancies), the connection charge shall be $7.50 for each plumbing
fixture unit added. In the event that such alterations or additions
include the elimination of existing fixture units, a credit, cal-
culated on the same basis, shall be allowed against the connection
charge for such alterations or additions. If on or before December 1,
1969, and on or before each succeeding December 1, the Directors of
the District by resolution duly adopted resolve and direct, the
aforesaid plumbing fixture unit charge shall be increased, effective
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the next succeeding January 1, by adding thereto the sum of $,25.
When Charge is to be Paid, Payment of connection charges
shall be required at the time of the 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 in the City of Costa Mesa,. The payment of the
sewer connection charge for such buildings will be required at the
time of and prior to the issuing of a sewer connection permit
for any construction within the territorial limits of the District.
For that portion of the District within the City of
Newport Beach and within the County of Orange, said fee shall
nevertheless be paid through the offices of the Costa Mesa Sanitary
District, 77 Fair Drive, Costa Mesa, California.
Schedule of Charges. A schedule of charges specified
herein will be on file in the office of the Secretary of the District
and in the office of the Building Department of the City of Costa Mesa
and will be based on plumbing fixture units as defined and specified
in Sections 402 and 403 of the Western Plumbing Officials Uniform
Plumbing Code, 1967 Edition, as adopted by the City of Costa Mesa
on December 2, 1968.
(f) Interpretation of Permit Regulations: If the factual
situations presented do not follow precisely within the rules herein
promulgated in this Article, the Board of Directors shall interpret
them in a reasonable manner. In making such interpretations, the
Board shall be guided by the policy of the District, which is hereby
stated as follows: It is the policy of the Directors of the
District to base fees and charges in accordance with the benefits
and uses supplied by the District, Those receiving the greatest
benefits and most use of the facilities provided by the District
shall proportionately bear more of the costs and expenses of
the District,
ARTICLE 4 - PENALTIES AND SURCHARGES FOR VIOLATIONS
(a) Permits Subsequently Obtained. Any person or public
corporation connecting to a District sewerage facility or connecting
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to a sewerage facility which discharges into a District sewerage
facility without first having obtained a permit as herein provided
shall be charged double the amount hereinabove described for his
or its permit.
(b) Violations.
(1) For each day or part of a day any person is
without a valid permit connected directly to a District
sewerage facility or to a sewerage facility which
discharges into a District sewerage facility, he shall
be liable to the District in the sum of $5.00 per day;
and each day or part of a day such violation continues
shall be a separate and additional violation.
(2) For each day or part of a day any public
corporation is without a valid permit connected directly
to a District sewerage facility or to a sewerage facility
which discharges into a District sewerage facility, it
shall be liable to the District in the sum of $25.00 per
day; and each day or part of a day such violation con-
tinues shall be a separate and additional violation.
ARTICLE 5 - FACILITIES REVOLVING FUND
There is hereby established the Facilities Revolving Fund
of the District. All charges as established by Article 3 hereof,
when collected, shall be deposited in said fund. Said fund shall
be used only for the acquisition, construction, reconstruction,
maintenance and operation of sewerage facilities and other purposes
described in Section 6520.5 of the California Health and Safety Code.
ARTICLE 6 - ENFORCEMENT
The provisions of this Ordinance may be enforced by Civil
Action at law and/or by injunction. In this connection these
regulations shall be construed as a contract by the Costa Mesa
Sanitary District, and each permittee.
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ARTICLE 7 - VALIDITY
If any article, section, subsection, sentence, clause or
phrase of this Ordinance, or the application of any thereof to
any person, entity, public corporation or circumstances be held
to be invalid for any reason, such invalidity shall not affect the
validity of any other provision or application of any of the remaining
provisions or portions of this Ordinance; and to this end the Board
of Directors of the Costa Mesa Sanitary District hereby declares that
it would have adopted this Ordinance and each and every article,
section, subsection, sentence, clause and phrase thereof irrespective
of the fact that any one or more other articles, sections, subsections,
sentences, clauses or phrases, or the application of any thereof
to any person, entity, public corporation or circumstance be declared
invalich
ARTICLE 8 - EFFECTIVE DATE AND URGENCY
The Board of Directors finds and declares that numerous
applications for connections to, construction of, and the use of
sewerage facilities are being made by reason of the rapid growth
and development within the District. The Board of Directors further
declares and finds that rapid development within the District demands
and requires the establishment of procedures, regulations and
standards for sewerage facilities in order to immediately preserve
the public Health and Safety. The Board further finds and declares
that the overtaxing and overloading of district facilities necessi-
tates the immediate establishment of funding as herein set forth
to alleviate and relieve the imminent danger of major interruptions
of service. For the foregoing reasons this Ordinance shall be
effective immediately upon its passage.
ARTICLE 9 - PUBLICATION
The Secretary of the District shall certify to the passage
of this Ordinance and shall cause the same to be published once
in the Orange Coast Daily Pilot, a newspaper of general circulation,
printed, published and circulated in the Costa Mesa Sanitary District,
Orange County, California, and seven (7) days from and after its
publication it shall be in full force and effect.
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PASSED AND ADOPTED by the Board of Directors of the
Costa Mesa Sanitary District, at a regular meeting held on the
3rd day of September, 1969.
President of the Board of Directors
of the Costa Mesa Sanitary District
ATTEST:
KERM RIMA
SECRETARY
r1
BY
AssidVant Secr ary of the Board
of Directors o the Costa Mesa
Sanitary District
STATE OF CALIFORNIA )
ss.
COUNTY OF ORANGE
I, JANE ANGEL, Assistant Secretary of the Board of Directors
of the Costa Mesa Sanitary District of Orange County, California, DO
HEREBY CERTIFY that the foregoing Ordinance, being Ordinance No. 6,
was duly passed, approved and adopted as an urgency Ordinance by said
Board, approved and signed by the President of said Board, and attested
by the Assistant Secretary of said Board, all at a regular meeting of
said Board held on the 3rd day of September, 1969, and that the same
was passed and adopted by the following roll call vote:
AYES: Directors - Rima, Glockner, Warren, Briggs and Porter
NOES: Directors - None
ABSENT: Directors - None
DATED this 4th day of September, 1969.
Assis nt Secret of the Board
of Dectors of the Costa Mesa
Sanitary District
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ORDINANCE NO. 7
AN ORDINANCE OF THE BOARD OF DIRECTORS OF THE
COSTA MESA SANITARY DISTRICT, ORANGE COUNTY,
CALIFORNIA, AMENDING ORDINANCE NUMBER 6 AND
PROVIDING FOR SEWER CONNECTION FEES FOR TRAILER
PARKS AND SWIMMING POOLS.
THE BOARD OF DIRECTORS OF THE COSTA MESA SANITARY DISTRICT,
ORANGE COUNTY, CALIFORNIA, DOES HEREBY ORDAIN AS FOLLOWS:
SECTION 1. The Board of Directors of the Costa Mesa
Sanitary District finds and declares that in passing Ordinance
Number 6 sewer connection fees for trailer parks and swimming pools
were omitted and the Board further finds that said facilities, being
substantial users of the District facilities, that a charge is
reasonable and necessary.
Accordingly, Article 3 is hereby amended by changing the
designation of Subsection (f) to Subsection (h) and by adding to
said Ordinance the following Subsection (f) which shall read as
follows:
"(f) For each swimming pool constructed the connection
charge shall be assessed at six fixture units, at $7.50 per fixture
unit. If on or before each December 1st the Directors of the
District by resolution duly adopted resolve and direct, the aforesaid
connection charge shall be increased effective the next succeeding
January 1st, by adding thereto the sum of twenty-five cents p°r
plumbing fixture unit."
That there is hereby added to said Article 3, Subsection
(g) which shall read as follows:
"(g) For each trailer parking space in any trailer park
the sewer connection charge shall be calculated at twelve fixture
units, at $7.50 pPr fixture unit. If on or before each December
1st the Directors of the District by resolution duly adopted
resolve and direct, the aforesaid connection charge shall be increased
effective the next succeeding January 1st, by adding thereto the
sum of twenty-five cents pPr plumbing fixture unit."
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SECTION 2. Effective Date and Urgency.
The Board of Directors finds and declares that numerous
applications for connections to, construction of, and the use of
sewerage facilities are being made by reason of the rapid growth
and development within the District. The Board of Directors
further declares and finds that rapid development within the
District demands and requires the establishment of pica edures,
regulations and standards for sewerage facilities in order to
immediately preserve the public health and safety. The Board
further finds and declares that the overtaxing and overloading
of District facilities necessitates the immediate establishment
of funding as herein set forth to alleviate and relieve the
i*nninent danger of major interruptions of service. For the
foregoing reasons this ordinance shall be effective immediately
upon its passage.
SECTION 3. Publication.
The .,cretary of the District shall certify to the passage
of this Ordinance and shall cause the same to be published once in
the Orange Coast Daily Pilot, a newspaper of general circulation,
printed and published and circulated in the Costa Mesa Sanitary
District, Orange County, California, and seVen (7) days fran and
after its publication it shall be in full force and effect.
PASSED AND ADOPTED by the Board of Directors of the
Costa Mesa Sanitary District, at a regular meeting held on the
3rd day of December, 1969.
FT.T.IS PORTER
ATTEST:
KERM PIMA
SECRETARY
BY JANE ANGEL
Assistant Secretary
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President
•
STATE OF CALIFORNIA )
ss.
COUNTY OF ORANGE )
I, JANE ANGF:T, Assistant Secretary of the Board of
Directors of the Costa Mesa Sanitary District of Orange County,
California, DO HEREBY CERTIFY, that the foregoing Ordinance No. 7
was duly passed, approved and adopted by said Fnard, approved and
signed by the President of said Board, and attested by the
Assistant Secretary of said Board, all at a regular meeting of
said Board held on the 3rd day of December, 1969, and that the
same was passed and adopted by the following roll rail vote:
AYES: Directors - Pima, Briggs, Glockner and Porter
NOES: Directors - None
ABSENT: Directors - Warren
DATED this 4th day of December, 1969.
JANE ANbr;r,
ASSISTANT SECRETARY
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RESOLUTION NO. 9 4
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF NEWPORT BEACH AUTHORIZING THE MAYOR AND
CITY CLERK TO EXECUTE AN AGREEMENT BETWEEN
THE CITY OF NEWPORT BEACH AND COSTA MESA
SANITARY DISTRICT
WHEREAS, there has been presented to the City
Council of the City of Newport Beach a certain agreement
between the City of Newport Beach and Costa Mesa Sanitary
District in connection with the District's providing sewage
services to the City of Newport Beach; and
WHEREAS, the City Council has reviewed the terms and
conditions of said agreement and finds them to be satisfactory
and that it would be in the best interest of the City to
execute said agreement,
NOW, THEREFORE, BE IT RESOLVED by the City Council
of the City of Newport Beach that the agreement above described
is approved, and the Mayor and City Clerk are hereby authorized
and directed to execute the same on behalf of the City of
Newport Beach.
ADOPTED this 25th day of June , 1979.
Mayor
ATTEST:
City Clerk
kb
6/20/79