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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 -2- Latomis n° PIP GR F oa G9" ,1,1coo oPrl co' so to, ft oolo d0of a 1,, ig �4•,,eenr �� s4.V74 4N/1 C^UA/tR Y CLUP EXHIBIT "A" REVISED 09/1991 fJ4 lire s al412 Ireeec I wJ Lam, LJ _Jfl 1 Hl ,,,<ir nnr- , a y 1' rerrer a _rr� Lro-E a'.w ir_ ` many,rvrwera •`° cif - A,, ir„,. orz.i:Ty• J'e gp2 _RV RE4Va 'WOW 'MAW Mall A%Mw J - art of 'errarr xr4 Bl►nwr (CAST PROPERTIES IN C.N.B. BEING SERVED DIRECTLY BY C.M.S.D. PROPERTIES IN C.M.S.D. BONG SERVED DIRECTLY BY C.N.B. SOO 100 0 100 100 E IIBIT "Er WTOBER 1991 EMSTINO OXSD. MAW MORA iL • _I`r II w LiV • 4-�: '6/18P8CI% WEST POt77 ONLY • • , \ I ' 7• ` r y0\ \ ` \ - COSTA MESA SANITARY aSTR/CT Kumme r t cJOS.n ) USRS OF PROPOSED 0Emc,WCIrr MISTING CAS. SEWER ARMS I - oleo+ C.Cia SEVER SYSTEM - C=S.0. UPC 10 SE T NrFOm TO CAS. SCALE 5 • OITA*. • SANITg4p COSTA MESA DISTRICT 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 0 COSTA MESA �/DISTRICT Y � rylspoitast �e - 5e4T 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 ' ressidentide /3 CITY OF NEWPORT BEACH -7- J% i .P<NTA 11114 COUNTRY CLUB it e. . 0 Areas of C.N.B. within C.M.S.D. and Served by C.M.S.D. -- 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. — .« i•fJ49, 41:lcI .04: •^ Vtet 6 .a L.i vs I s;0rr. mm11 t r ..i . .wnnxs 4.,20.:02 6/1 SC J:N✓ , i NINo opt'Fpoo �yrGmJt rpR Li0°:r 7✓VV`'n%��� \\\\i 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 - 6 - M 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 - 7 - MI 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. - 8 - 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. - 9 - 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 - 10 - 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." - 1 - M 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 - 2 - 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 - 3 - 41 N 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