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HomeMy WebLinkAboutC-1034 - Sewer connection chargesj AGREEMENT FOR COLLECTION OF SEWER CONNECTION CHARGES THIS AGREEMENT, made in the City of Newport Beach, California, by and between the City of Newport Beach, a municipal corporation, hereinafter called "City ", and County Sanitation District No. 5 of Orange County, hereinafter called "District ", W I T N E S S E T H: WHEREAS, District has by the enactment of Ordinance No. 5023 as amended, established a schedule of sewer connection charges; and WHEREAS, City is entirely contained within the territorial limits of District; and WHEREAS, all of the improved territory of the District is also within the city limits of City; and WHEREAS, the City by and through its building department regulates all new construction within the City; and WHEREAS, it is for the mutual benefit of City and District that the sewer connection charges provided for in said Ordinance No. 502, as amended, of the District be collected in a manner most expedient and least burdensome on the owners of property within the City; and WHEREAS, the City will benefit by the construction and maintenance of sewerage facilities of the District.within the city limits of City by District from the funds to be collected from said sewer connection charges. NOW, THEREFORE, it is mutually agreed as follows: 1. City as agent will and does hereby agree to issue permits and collect the charges established by District under said Ordinance No. 502, as amended. 2. City will account for the charges collected and remit to District on a regular basis not less frequently than quarterly the monies so collected. 0 0 3. District does hereby appoint and nominate Ci* and its agents and employees as the same may be designated by City as agents of the District for the purpose of issuing permits and determining and collecting the sewer connection charges established under Ordinance No. 502, as amended. This does not authorize City to act as agent for the General Manager or to perform the duties of the General Manager of the District as set forth and established in said Ordinance No. 502, as amended, except as expressly set forth in this Agreement. 4. City agrees to act as agent for District as herein provided for a fee equal to four dollars ($4.00) for each District connection permit issued by City under the provisions of said Ordinance No. 502, as amended, irrespective of whether a District connection charge is payable for any such permit issued, and District agrees to pay said fee. Said fee may be deducted from the monies so collected by City. 5. That certain agreement effective May 24, 1965 between the parties hereto is hereby terminated as of the effective date of this agreement. 6. This agreement may be terminated by either party giving' ninety (90) days written notice to the other party designating a termination date, "which date shall be the first day of a calendar month. 7. This Agreement shall become effective on the 1st day of April, 1966. CITY OF NEWPORT BEACH (SEAL) a municipal corporation Mayor By +� 5-, City Clerk CITY COUNTY SANITATION DISTRICT NO. 5, (SEAL) of Orange County, California, a public corporatio 0 -2- i TRS; a 3'28 1 CtPr NO. s... :. 2 A "SOLUTION 091 THE CITY COIL Of THN CITE OF =WORT BEACH Ai T8=20C THE 6.XRCf7TIt3g OF 3 A4&MNWX FOR COWACTM 01 SEWER Ct9 ION 4 WHEREAS, the City of Rapport Beach and County $anita- 5 tion Mistrict No. 5 of Cr#pgs County are parties to an agreement 6 effective pay 240 1965, under which the City has Men acting as 7 agent for the District for the purpose of issuing Permits and 8 determining and collecting suer connection charges Ntablisi�ed 9 under, ordinance so. SO2 of District for a fee eq"a to one and 10 one- quarter percent of all of the money collected by City for 11 such permits; and 12 k1[BREAS, there has been presented to this City Council 15 a raw agreement to become effective April 1, 1966 with sub - 14 stauti.ally the *ms provisions as the existing agreownt with the 15 District except that the fee to be paid the City would be equal 16 to four dollars for each permit issued by the City irrespective of 17 whether a District connection charge is payable for any such per - 18 mci't issued; and 19 WEXREAS, said new agreement further terminates the 20 present agreement as of its effective date of April 1, 1966; and 21 ►S, the city Council has considered the terms and 22 conditions of said agreement and determined that it would be to 23 the mutual advantage of the parties and in the public interest fo3 24 the City to enter into the same; 25 NOW, THEREFORE, BE IT RESOLVED that said Agreement for 26 Collection of Sewer Connection Charges be approved and the Mayor 27 and City Clerk are hereby authorized and directed to execute the 28 same on behmli of the city of Newport Beach. 29 ADOPTED this 28th day of Marc 1966. 30 31 ATTEST:, Mayor - -3 " 32 °�_ T City Clerk r 0 ORDINANCE NO. 503 AN ORDINANCE AMENDING ORDINANCE NO. 502 PROVIDING RULES AND REGULATIONS RELATING TO CONNECTIONS TO DISTRICT SEWERAGE FACILITIES, ESTABLISHING CHARGES THEREFOR AND PROVIDING PENALTIES FOR VIOLATIONS, AND REPEALING ORDINANCE NO. 501. The Board of Directors of County Sanitation District No. 5, of Orange County, California, does ordain as follows: ARTICLE 1 ARTICLE 4 - PERMIT CHARGES, under Ordinance No. 502 is hereby amended to read as follows: "ARTICLE 4 - CONNECTION 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 $120.00. "(b) Connection Charge for New Construction, Multiple Dwelling Buildings. For each new multiple dwelling building constructed, the connection charge shall be $120.00 for each dwelling unit or $6.00 for each plumbing fixture unit contained within such construction, whichever sum is less. "(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 $6.00 for each plumbing fixture unit contained within such construction, pro- vided that the minimum connection charge for such new con- struction shall be $60.00. "(d) Connection Charges for Replacement Buildings. For new construction replacing former buildings, the connection 3y charge shall be 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, and such demolition or destruction occurs after July 1, 1965, a credit against such charges shall be allowed calculated at $120.00 per dwelling unit replaced or $6.00 per plumbing fixture unit replaced, whichever sum is more. "(e) Connection Charges for Additions to or Alterations of Existing Buildings. For additions to or alterations of existing buildings, the connection charge shall be $6.00 for each plumbing fixture unit added, provided that no charge shall be made for the first twelve (12) fixture units added. In the event that such alterations or additions include the elimination of existing fixture units, a credit, calculated on the same basis, shall be allowed against the connection charge for such alterations or additions. "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, ex- cepting in the case of a building legally exempt from the requirement of obtaining a building permit in the City of Newport Beach. The payment of the sewer connection charge for such buildings will be required at the time of and prior to the issuing of a plumbing connection permit for any con- struction within the territorial limits of the District. "Schedule of Charges. A schedule of charges specified herein will be on file in the office of the Secre- tary of the District and in the office of the Building Depart- ment of the City of Newport Beach and will be based on plumbing fixture units as defined and specified in Sections 402 and 403 of the Western Plumbing Officials Uniform Plumb- ing Code, 1964 Edition, as adopted by the City of Newport Beach on March 24, 1965." -2- 0 0 ARTICLE 2 - 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 circumstance 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 County Sanitation District No. 5, of Orange County, California, hereby declares that it would have adopted this ordinance and each and every article, section, sub- section, sentence, clause or 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 invalid. ARTICLE 3 - EFFECTIVE DATE The Chairman of the Board of Directors shall sign this ordinance and the Secretary of the District shall attest thereto and certify to the passage of this ordinance, and shall cause the same to be published once in the DAILY PILOT , a daily newspaper of general circulation, printed, published and circulated in County Sanitation District No. 5, of Orange County, California, within fifteen (15) days after the date of the passage of this ordinance by said Board of Directors, and said ordinance shall take effect March 1, 1966. PASSED AND ADOPTED by the Board of Directors of County Sanitation District No. 5, of Orange County, California, at a special meeting held the 24th day of January 1966. ATTEST: hairman, Board of Directors of County Sanitation District No. 5 Secretary, Board of Directors of County Sanitation District No. 5 Wz County Sanitation District No. 5 County of Orange 10844 Ellis Avenue P. O. Box 5175 Fountain Valley, California 92708 Gentlemen; Attached is a duly executed copy of the agreement for collection of sewer charges by the City of Newport Beach and County Sanitation District No. 5 of Orange County. Subject agreement was authorized by the Council of the City of Newport Beach on March 28, 1966 by the adoption of Resolution 6323, copy of which is attached. Yours very trulyp Margery Schrouder City Clerk City of Newport Beach MS.IcI Encle. cc - City Manager c�2.81.966a, ry ryIF .c� Jme 14 o 1963 'lull 144tw"O=Niar WALUIng and $46" Kr**t*r City Clett laotiou Of "Wer e�"ti" =w"Wft"ft%"OMlty ualtation vistriot no, 5 Att&*W PLOSeS find the followingi 1. Copy of aboveemationed ASrommeat, Z. Copy of Resolution No. 6134 sutborlab4oaid Agred8fint• 3-, Copy of County Sanitation District got 3 Ordinance me. $02. city CMK WF"'ry r MBS45 luelse TO: Finance Director FROM: City Clerk SUBJECT: Contract Contract No. 970 Date ,Tune 14. 1965 Authorized by Resolution No.6154 , adopted on May 24 -1965 Date Mayor and City Clerk executed Contract ,Tune 2, 1965 Effective date of Contract May 24, 1965 Contract with County Sanitation District No. 5, of Orange County Address 10844 Ellis Avenue (P. 0. Box 5175) Fountain Valley, California 92708 Brief description of Contract -Agreement for Collection of Sgpwar Connection Charges Amount of Contract City Clerk NOTE: Attached also are copies of the County Sanitation District No. 5 Ordinance No. 502, and City of Newport Beach Resolution No. 6154. Ar E DRAFT May 19,.196.5. AGREEMENT FOR COLLECTION OF SEWER CONNECTION CIiARGES THIS AGREEMENT, made in the City of Newport Beach, California, by and between the City of Newport Beach, a municipal corporation, hereinafter called "City ", and County Sanitation District No. 5 of Orange County, hereinafter called "District ", WITNESSETH• WHEREAS, District has by the enactment of Ordinance No. 502 established a schedule of sewer connection charges; and WHEREAS, C is entirely contained within the territorial limits of Distric arf WHEREAS, all mproved territory of the District is also within the city limif City; and WHEREAS, the City by and ro gh its building department regulates all new construction withiity; and WHEREAS, it is for the mutual b/erYef� City and Dis- trict that the sewer connection charges provVdf in said Ordinance No. 502 of the District be collected innner most expedient and least burdensome on the owners of property within the City; and WHEREAS, the City will benefit by the construction and maintenance of sewerage facilities of the District within the city limits of City by District from the funds to be collected from said sewer connection charges. NOW, THEREFORE, it is mutually agreed as follows. 1. City as agent will and does hereby agree to issue permits and collect the charges established by District under said Ordinance No. 502. 2. City will account for the charges collected and remit to District on a regular basis not less frequently than quarterly the monies so collected. 3. District does hereby appoint and nominate City and its agents and employees as the same may be designated by City as agents of the District for the purpose of issuing permits and determining the sewer connection charges established under Ordinance No. 502 and collecting the same. This does not authorize City to act as agent for the General Manager or to perform the duties of the General Manager of the District as set forth and established in said Ordinance No. 502, except as expressly set forth in this Agreement. 4. City agrees to act as agent for District as herein provided for a fee equal to one and one - quarter percent (1 1/4 %) of all of the money collected by City for District for sewer connection permits and District agrees to pay said fee. Said fee may be deducted from the monies so collected by City. 5. This agreement may be terminated by either party giving ninety (90) days written notice to the other party designating a termination date, which date shall be the first day of a calendar month. 6. This Agreement shall become effective on the-2-�__/4-day of 1965. CITY OF NEWPORT BEACH, (SEAL) a municipal corporation By p f Mayor By ! 1 c - I okl "Q , _. IT CITY, (SEAL) COUNTY SANITATION DISTRICT NO. 5, of Orange County, California, a public corgora-tion ! a ' [/y Board Board of DISTRICT. -2- 11 2 3 4 5 6 7 8 9 10 11 12 13 141 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 t1a> UAGI.. SIZING TU EV=TIM OF AN FOX COLLECTIOil by SELEVt CQWWTI4N F.i. WHEREAS, tftare has been presented .to tho.41ty Council of the Citj of lWevport Beach a proposed Agre4miant for 1lution Of Sewer Connaction Charges between the City of Savrort i*ech and +Cormfiy 6aAiiation District Nos 3 of ©range Constr wherab t City agrees 'to act 4a the agent of said District.lor the ��'of issuing parmits to connect to the seveerap latilitt" of the District, determining the seater.connection tp6aagesi'And coU00ting said charges established byIOrdiaamce No. 502 of said Disttikt; sad WBt MUM the city Council has considered thA teams and co�ditions of said agreemos►t and determined that it vmId be.,to the mutuatl advantage of the parties sad in the public interest for the City to -enter into the same; IWW , TRKRU E, BE 17 RY8OLM that said. Agreement. for Collection of fieaar Connection Chasgaa be approve4 and the Nayor*sAd City Clerk are hereby authorised and directed to Mcecute the sass on behalf of the City of Newport Beach. ADOPM this 24th day of May, 1465. yor. . ATTBST: j Mkcy Clark ti I • • RESOLUTION N0. 65 -80 -5 APPROVING AGREEMENT FOR COLLECTION OF SEWER CONNECTION CHARGES A RESOLUTION OF THE BOARD OF DIRECTORS OF COUNTY SANITATION DISTRICT NO. 5, OF ORANGE COUNTY, CALIFORNIA, APPROVING AND AUTHORIZING EXECUTION OF AGREEMENT WITH THE CITY OF NEWPORT BEACH FOR COLLECTION OF SEWER CONNECTION CHARGES The Board of Directors of County Sanitation District No. 5, of Orange County, California, DOES HEREBY RESOLVE, DETERMINE AND ORDER: Section 1. That the certain agreement with the City of Newport Beach, providing for the collection of sewer connection charges established by Ordinance No. 502, be approved; and, Section 2. That the Chairman and the Secretary of the Board of Directors are hereby authorized and directed to execute said agreement on behalf of the District as prepared by the General Counsel. STATE OF CALIFORNIA) COUNTY OF ORANGE 3 SS 0 I, FRED A. HARPER, Secretary of the Board of Directors of County Sanitation District No. g , of Orange County, Cali- fornia, do hereby certify that the above and foregoing Resolution No. 6 was regularly passed and adopted at an adjourned regular meeting of said Board on the J*th day of 1965 , by the following vote, to wit: AYES: "noun t Gruter me 81"t"a NOES: now ABSENT: 1w" IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal of County Sanitation District No. S , of Orange County, California, this Afth day of Nil► , 196 S. Fred Harper, ecre ary, Board of Directors of County Sanitation District No. of Orange County, California • Administrative Office i Area Code 714 962-2411, COUNTY SANITATION DISTRICTS Treatment Plant Offices Code 714 of ORANGE COUNTY, CALIFORNIA 545 -7147, Am 10844 FLLis AVENUE, P. 0. Box 5175, FOUNTAIN VALLEY, CALIFORNIA, 92708 June 10, 1965 City of Newport Beach City Hall 3300 W. Newport Boulevard Newport Beach, California Attention: Margery Schrouder City Clerk Reference: Our Ordinance No. 502, and Agreement for Collection of Sewer Connection CharLzes An original and four copies of the referenced agreement are enclosed for your records. A certified copy of Ordinance No. 502 was mailed to you June 3rd. Should any further information be required, please advise. CITY CLEM, Jul. i 1965 �' CITY Of j NEWPORT BEACH, CAUT. Fred A. Harper, Secre ary County Sanitation District No. 5 /jb Enclos. 5+ copy: H. Hurlburt, City Manager • * Administrative Office i Area Coda 714 962-2411, COUNTY SANITATION DISTRICTS Treatment Plant Offices of ORANGE COUNTY, CALIFORNIA 545 -7147, Area Code 714 10844 ELLIs AVENUE, P. 0. BOX 5175, FOUNTAIN VALLEY, CALIFORNIA, 92708 June 3, 1965 City of Newport Beach 3300 Newport Blvd. Newport Beach, California Attention: Marjorie Schrouder City Clerk Reference: County Sanitation District No. 5, Ordinance No. 502 RECEIV:'; a CITY ClTI -' if CITY OF NEWPORT BEACH, r CALIF. / Per your telephoned request this date, enclosed is a certified copy of the referenced ordinance which was adopted by the Board of Directors on May 24th, 1965. Fred A. Harper, Secretary County Sanitation District No /rw Enclos. i 1] Fred A. Harper, Secretary County Sanitation District No. 5 10844 Ellis Avenue P. 0. Box 6175 Fotmtain Valley, California 92708 Dear Mr. Harper: a June 3, 1965 Attn: Jean Bankston Re: Your Ordinance -No. 502, and Agremnent for Collection of Sewer Connection Charges In accordance with our recent telephone conversation, I an enclosing eight copies of the Agreammt for Collection of Sewer Connection Charges between the City of Newport Beach and County Sanitation District No. 6 f Orange County,, which have been executed by the City of Newport Beach. It is requested that one of the originals and four copies be returned for our records after the Board has executed the Agrement, It is my understanding that you will forward to me one certified copy of your, Ordinance No. 502. Very truly yours MS/mjc Encl. Margery Schroeder City Clerk City of Newport Beach Administrative OFFice Are& Code 714 COUNTY SANITATION DISTRICTS Treatment Plant 0FFices Code 714 of ORANGE COUNTY, CALIFORNIA 545-7147, A,. 10844 ELLIs AVENUE, P. 0. BOX 5175, FOUNTAIN VALLEY, CALIFORNIA, 92708 May 28, 1965 Margery Schrouder City Clerk City of Newport Beach �,� CITY of 3300 West Newport Boulevard NEeMPCA , t "�' GE1l1.F. , Newport Beach, California Reference: Ordinance No. 502, and Agreement for Collection of Sewer Connection Charges Pursuant to your request, we are enclosing fifteen copies of Ordinance No. 502 of County Sanitation District No. 5, and nine copies of the agreement with the City relative to collection of connection charges. After the agreement has been signed, please forward the required number of copies to us for execution by the District's Chairman. As previously discussed, this could be accomplished at the June 9th meeting. /Jb y Al ,:V L C, �h R. A Fred A. Harper, Secretary County Sanitation District No &` ._ �v. L I ORDINANCE NO. 502 AN ORDINANCE PROVIDING RULES AND REGULATIONS RELATING TO CONNECTIONS TO DISTRICT SEWERAGE FACILITIES, ESTABLISHING CHARGES THEREFOR AND PROVIDING PENALTIES FOR VIOLATIONS, AND REPEAL- ING ORDINANCE NO. 501. The Board of Directors of County Sanitation District No. 5, of Orange County, California, does ordain as follows: ARTICLE 1 Ordinance No. 501 entitled "An Ordinance Providing Rules and Regulations Relating to Connections to District Trunk Sewers" is hereby repealed. ARTICLE 2 - DEFINITIONS For the purposes of this ordinance, certain words and terms are defined as follows: (a) Connection Manhole. Shall mean a manhole constructed in the main line of a District trunk or sub -trunk 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. (b) District Connection Charge. Is a connection charge imposed by District No. 5 as a charge for the use of District's sewerage facilities whether such connection is made directly to a District sewerage facility or to a sewer which ultimately dis- charges into a District sewerage facility. (c) District Sewerage Facility. Shall mean any property belonging to County Sanitation District No. 5 used in the treat- ment, transportation or disposal of sewage or industrial wastes. (d) 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. (e) Industrial Waste. Shall mean any and all liquid or solid waste substance, not sewage, from any producing, manufactur- ing or processing operation of whatever nature. (f) 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. (g) Plumbing Fixture Unit. A plumbing fixture unit as used in this Ordinance is defined as being the same as set forth in the Western Plumbing Officials Uniform Plumbing Code, 1964 Edition, as adopted by the City of Newport Beach, on March 24, 19653 a copy of which is on file in the office of the Secretary of the District. (h) Pretreatment. Shall mean treatment prior to dis- charge into a District sewerage facility by means of an industrial waste treatment plant or facility. (i) Public Corporation. Shall mean any city, district or public agency (other than County Sanitation District No. 5 of Orange County), duly authorized and existing under the laws of the State of California. (j) Sewerage Facilities. Are any facilities used in the collection, transportation, treatment or disposal of sewage and industrial wastes. (k) Single Family Dwelling. A single family dwelling is defined as a building containing only one kitchen designed for or used to house not more than one family including all necessary employees of such family. (1) Trunk Sewer M"nholes. Shall mean those manholes constructed as a part of the District's sewer system. ARTICLE 3 - PERMIT REGUTATIONS (a) Requirements. No person or public corporation shall be permitted to connect to, use or maintain a connection to the -2- 0 a sewerage facilities of the District without a valid permit. This shall mean that all new construction occurring within the bounda- ries of the District from and after the effective date of this ordinance shall be required to have a valid permit from County Sanitation District No. 5 before it can connect to a sewerage facility or discharge sewage or industrial waste into a sewerage facility within the District. (b) Condition Precedent. No permit shall be valid unless the real property to be sewered by use of the permit shall be in- cluded within the boundaries of County Sanitation District No. 5 and within the boundaries of a public corporation authorized to maintain public sewerage works. (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 or sewerage facility subject to a District connection charge as hereinabove defined under conditions set forth in said permit; and secondly, a use permit for dis- charging sewage and industrial wastes 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 wastes. Any such requirements shall be set forth in the permit by the General Manager. -3- (3) Surcharges for Use Permit. The District hereby establishes the quantity of 7,500 cubic feet of non - residential sewage or industrial waste per month per acre of territory served as the maximum allowable effluent to be discharged into the District's sewerage facilities without the payment of surcharges. Each user discharging more than 7,500 cubic feet of non - residential sewage or industrial wastes per month per acre shall be charged $0.50 per 1,000 cubic feet or any portion of 1,000 cubic feet in excess of the 7,500 cubic feet maximum. Measure- ments may be required by the permittee, or permittee's effluent may be considered equivalent to the water or some portion of the water (excepting irrigation water) purchased or used by the permittee. Per - mittee shall upon demand provide District with his or its water usage records. (4) All existing permits shall be modified or amended to comply with the provisions of this ordi- nance. (d) Suspension of Use 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 regu- lations of the District thirty (30) days after receiving a formal written notice of such violation and a demand for correc- tion thereof from the District. Such formal written notice shall be given only upon recommendation of the General Manager and approval of the Directors of the District. No formal written notice of violation shall be authorized unless the General Manager of the District has first given an informal written notice of violation to the subject -4- 0 w permittee at least fifteen (15) days in advance of action by the Board of Directors. (e) Violation. For each day or part of a day a permittee whose permit has been suspended continues to discharge sewage or industrial wastes into a District sewerage facility in violation of the permit or of the ordinances, rules or regulations of the District, he or it shall be charged the sum of ten percent (10%) of the District connection charge applicable to his or its permit. 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 ten percent (10%) of the District connection charge applicable to his or its permit per day or any part of a day for intermittent violations. Notwithstanding the foregoing, if the violation of a permittee causes damage to the sewerage facilities of the Dis- trict, the District shall have the right to charge and collect for the damages to its facilities caused by such violations by an action of law. In all cases a formal notice of violation as herein- above provided for shall set forth the fine or other charges to be imposed for violations after the thirty (30) day correction period. (f) Procedure to Acquire Permit. An applicant for a permit or his agent shall make application on a form furnished by the District or an agent designated to act for the District. The permit application shall be supplemented by such plans, speci- fications or other information considered pertinent in the judgment of the General Manager of the District. The permit fees and charges as hereinafter described shall be paid to the District or an agent designated to act for the District. -5- 0 0 (g) Disposition of Charges. All surcharges and penal- ties under this Article, when collected, shall be deposited in the District's Operating Fund. follows: ARTICLE 4 - PERMIT CHARGES The District connection charge shall be determined as (a) A charge of $120.00 per unit for all new single family dwellings within the District. (b) All other construction including but not limited to multiple family dwellings, commercial, industrial and public building construction shall be charged a connection fee in accord- ance with the number of plumbing fixture units contained within such construction. The connection fee shall be calculated to be a sum totalling $6.00 per plumbing fixture unit, provided that the minimum sewer connection fee shall be $120.00 for all new construction as differing from the remodeling of or additions to a structure already connected to an existing sewer. A schedule of such charges 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 Newport Beach and will be based on plumbing fixture units as defined and specified in the Western Plumbing Officials Uniform Plumbing Code, 1964 Edition, as adopted by the City of Newport Beach on March 24, 1965. (c) Payment of a sewer connection fee shall be required at the time of the issuance of the building permit for all con- struction within the District, excepting in the case of a building legally exempt from the requirement of obtaining a building permit in the City of Newport Beach. The payment of the sewer connection fe.&_for such buildings will be required at the time of and prior to the issuing of a plumbing connection permit for any construc- tion within the territorial limits of the District. EM ARTICLE 5 - FACILITIES REVOLVING FUND There is hereby established the Facilities Revolving Fund of the District. All charges as established by Article 4 hereof, when collected, shall be deposited in said Fund. Said Fund may have one or more accounts within itself to be used for the purposes of accounting for the sewer connection fees originating in various territorial areas of the District. Said Fund shall be used only for the acquisition, construction, reconstruction, maintenance and operation of sewerage facilities and other purposes described in Section 5474.9 of the Health and Safety Code of the State of California. ARTICLE 6 - INTERPRETATION OF PERMIT REGULATIONS If the factual situations presented do not follow pre- cisely within the rules herein promulgated in this Article, the General Manager shall interpret them in a reasonable manner. In making such interpretations, the General Manager 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 7 - APPEAL If an applicant disagrees with the requirements directed by the General Manager in Article 5, he or it may appeal by written notice stating his or its grievance. The Board of Direc- tors shall hear such appeal at its regular meeting next occurring fourteen (14) days after the filing of such written appeal or sooner at the pleasure of the Directors. The decision of the Directors shall be final. -7- ARTICLE 8 - PENALTIES AIM VIOLATIONS For each day or part of a day that any person, govern- mental agency or public corporation is without a valid permit and is connected directly to a District sewerage facility or to a sewerage facility which discharges into a sewerage facility, he or it shall be liable to the District in a sum equal to ten per- cent (10 %) of the permit charge applicable to the property so connected. ARTICLE 9 - 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 County Sanitation District No. 5, of Orange County, California, and each permittee. ARTICLE 10 - 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 circumstance 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 County Sanitation District No. 5, of Orange County, California, hereby declares that it would have adopted this ordinance and each and every article, section sub- section, 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 invalid. ARTICLE 11 - EFFECTIVE DATE The Chairman of the Board of Directors shall sign this Ordinance and the Secretary of the District shall attest thereto 10 I � and certify to the passage of this Ordinance, and shall cause the same to be published once in the DAILY PILOT, a daily newspaper of general circulation, printed, published and circulated in County Sanitation District No. 5, of Orange County, California, within fifteen (15) days after the date of the passage of this Ordinance by said Board of Directors, and said Ordinance shall take effect July 1, 1965. PASSED AND ADOPTED by the Board of Directors of County Sanitation District No. 5, of Orange County, California, at an adjourned regular meeting held on the 24th day of May, 1965. Chairman of the Board of Directors ATTEST: Secretary of the Board of irec ors -9- STATE OF CALIFORNIA) 3 SS. COUNTY OF ORANGE I, FRED A. HARPER, Secretary of the Board of Directors of County Sanitation District No. 5, of Orange County, California, do hereby certify that the foregoing Ordinance No. 502 was passed and adopted at an adjourned regular meeting of the Board of Directors of County Sanitation District No. 5 on the 24th day of May, 1965, by the following roll call vote, to wit: AYES: Directors James Stoddard, Paul J. Gruber and William Hirstein NOES: None ABSENT: None IN WITNESS WHEREOF; I have hereunto set my hand and affixed the official seal of County Sanitation District No. 5, of Orange County, California, this 24th day of May, 1965. Q. Fred rper, ecre ar o e Board of Directors of County Sanitation District No. 5, of Orange County, California AGREEa4ENT FOR COLLECTION OF SEWER CONNECTION CHARGES THIS AGREEMENT, made in the City of Newport Beach, California, by and between the City of Newport Beach, a municipal corporation, hereinafter called "City ", and County Sanitation District No. 5 of Orange County, hereinafter called "District ", W I T N E S S E T H: WHEREAS, District has by the enactment of Ordinance No. 502 established a schedule of sewer connection charges; and WHEREAS, City is entirely contained within the territorial limits of District; and WHEREAS, all of the improved territory of the District is also within the city limits of City; and WHEREAS, the City by and through its building department regulates all new construction within the City; and WHEREAS, it is for the mutual benefit of City and Dis- trict that the sewer connection charges provided for in said Ordinance No. 502 of the District be collected in a manner most expedient and least burdensome on the owners of property within the City; and WHEREAS, the City will benefit by the construction and maintenance of sewerage facilities of the District within the city limits of City by District from the funds to be collected from said sewer connection charges. NOW, THEREFORE, it is mutually agreed as follows. 1. City as agent will and does hereby agree to issue permits and collect the charges established by District under said Ordinance No. 502. 2. City will account for the charges collected and remit i to District on a regular basis not less frequently than quarterly ; the monies so collected. 4 -_ 0 W 3. District does hereby appoint and nominate City and its agents and employees as the same may be designated by City as agents of the District for the purpose of issuing permits and de't'ermining the sewer connection charges established under Ordinance N -, 502 and collecting the same. This does not authorize City tc. act as agent for the General Manager or to perform the duties of the General Marager of the District as set forth and established in said Ordinance No, 502: except as expressly se*_ forth in this Agreement 4. City agrees to act as agent fcr District as herein provided for a fee equal to one ar.3 r._e- qua_'cfar pea-re: t '1 1/4 %) :f all of the money collected by City for District fc.r sewer connection permits and District agrees to pay said fee. S3'..3 fee may be deducted from the monies so collected by City. 5. This agreement- ay T,c *E __ d by e :tAer party giving n-.r.ety (90) days written_ notice tc. o:::.e: _arty deslgnating a termination date, which date shall be the fir =- i,y ^.f a calendar month. 6, This Agreement s :,a_l bec< (- - effective on :he day of 1965. CITY OF NEWPORT BEACH (SEAL) .) mur.ci.pai ccrpuration (SEAL.'. -2- r n rm t� _ N DISTRICT NO. 5, or _ _3 e: '_ u. }. California, a pub! I.0 C--';%, ' r. D'Y _ `irmar.. Board of Directors Secretary =card of Directors DISTRICT. •0 !0 May 27, 1965 On this day I talked with Jean Bankston, 962 -2411, at the County Sanit ' n District ek No. 5 of Orange County. She told me that she will forward tom 7 opies of the Agreement for Collection of Sewer Connection Charges, the draft of which, dated May 19, 1965, is in our file. They are preparing the finalized Agreement. She will also forward fifteen copies of the District's Ordinance No. 502. After the Mayor and I have signed the Agreement, two copies for the District, four copies fo(the City, are to be returned for the District's execution (one copy is to be retained in my file until the District has executed the other copies). Executed copies %re to be distributed here: City Attorney, 1; Building Dept. , 1; Public Works Dept., 1; and the original in my files. The documents for the District's execution are to be sent to the County San itation Districts, P. O. Box 5175, Fountain Valley. , M. Schrouder '�/1)