HomeMy WebLinkAboutSANITATION DISTRICT NO. 11 - 1977-09-06 CRDINANCE NO . 1105
AN ORDINANCE OF THE BOARD OF DIRECTORS OF COUNTY
SANITATION DISTRICT NO. "1 AMENDING SECTION 402
OF ORDINANCE NO. 1103 PERTAINING TO SEWER CONNEC-
TION CHARGES FOR USE OF DISTRICT SEWAGE
FACILITIES
The Board of Directors of County Sanitation District No .
11 of orange County , California , does hereby ORDAIN as follows :
Section 1 : Ordinance No . 1104 is hereby repealed .
Section 2: Section 402 is hereby added to Ordinance No .
1103 to read :
11402 . DISTRICT NO. 11 CONNECTION CHARGES
1. District 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 chargs for new construction ,
family dwelling buildings .
For each new family dwelling building
constructed , the connection charge shall be
$1 , 250 . 00 per dwelling unit .
( b ) Connection charge for existing family
dwelling buildings .
For the connection of each existing
family dwelling building , the connection charge
shill be $1 , 250 . 00 per dwelling unit .
( c ) Connection charge for new construction
and existing structures , other than family dwelling
buildings .
For all other new constru,;cion , including
but not limited to commercial and industrial
buildings , hotels and motels and public buildings ,
the connection charge shall be $250 . 00 per 1 , 000
square feet of floor area contained within such
construction , provided that the minimum connec-
tion charge for such nev construction shall be
$ 1 , 250 . 00 .
( d ) Connection charge for replacement
buildings .
For new construction replacing former buildings
the connection charge shall be calculated on the
same basis as provided in Paragraphs ( a ) and ( c )
above . If such replacement construction is com-
menced within two years after demolition or destruc-
tion of the former building, a credit against such
charge shall be allowed and shall be the equivalent
connection charge for the building being demolished
or des-Toyed , calculated on the basis of current
charges for new construction. In no case shall
such credit exceed the connection charge .
( 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 of family dwelling buildings or
the area of buildings to be used for other than
-2-
family dwelling buildings , the connection charges
shall be $ 1 , 250 . 00 added or created and in the
case of a new construction other than Family
dwelling buj. ldings , it shall be $250 . 00 per
1, 000 square feet of additional floor area con-
tained within such new construction , provided
such new construction shall contain additional
fixture units .
( f ) When charge is to be paid .
Payment of connection charges shall be re-
quired at the time of issuance of the building
permit for all construction within the District ,
excepting in the case of a building legally
exempt from the requirement of c,ataining a
building permit . The payment of the sewer
connection charge for such b•aildings will be
required at the time of and prior to the is-
suing of a plumbing connection permit for any
construction within the territorial limits of
the District.
( g ) 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 Building Department of each
City within the District .
-3-
(h) Biennial Review of Charges .
At the end of two years from the effective date
of this Ordinance , and every two years thereafter, the
Board of Directors shall review the charges established
by this article and if, in its judgment , such charges
require modification, on amenement to this Ordinance
will be adopted establishing such modification . "
Section 3 : The effective date of this Ordinance shall
be July 10 , 1981 .
PASSED AND ADOPTED at a regular meeting of the Board of
Directors of County Sanitation District No . 11 of Orange County,
California , this loth day of June , 1981 .
Chairman of the Board of Directors
County Sanitation District No. 11
of Orange County , California
ATTEST :
• 1
Secretary,'o he Board of Directors
County Sanit 'ion District No . 11
of Vrance Co nty , California ,
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STATE OF CALIF GRNIA)
) SS .
COUNTY OF ORANGE )
I , J. WAYNE SYLVESTER, Secretary of the Board of Directors
of County Sanitation District No . 11 of Orange County , California,
do hereby certify that the above and foregoing Ordinance No . 1105
was passed and adopted at a regular meeting of said Board on the
10th of June , 1981 , by the following vote , to wit :
AYES : Directors Ron Pattinson , Ruth Bailey and Harriett Wieder
NOES : None
ABSTENTIONS : None
ABSENT: gone
IN WITNESS WHEREOF , I have hereunto set my hand this
10th day of June , 19PI .
1
V'ayn, Sy ster
et�Ty o the Board of Directors
ty✓Sanitation District No. 11
of Grange County , California
• aa,�1;p] ..
ORDINANCE ' NO. 1104
AN ORDINANCE AMENDING ORDINANCE NO. 1103 ,
ESTABLISHING SEWER CONNECTION CHARGES
FOR USE OF DISTRICT 51;%•7EIRAGE FACILITIES
The Board of Directors of County Sanitation District
No. 11 of Orange County, California , does hereby ORDAIN
as follows :
Section 1 : Section 402 of Ordinance No . 1103 is hereby
repealed.
Y Section 2 : Section 402 is hereby added to Ordinance
No. 1103 to read:
" 402 . DISTRICT NO. 11 CONNECTIOIJ CHARGES
1 . District 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 ,
family dwelling buildings .
For each new family dwelling building
constructed, the connection charge shall be
$250 per dwelling unit .
(b) Connection charge for existing family
dwelling buildings .
For the connection of each existing
family dwelling building, the connection
charge shall be $250 per dwelling unit.
i}
r
(c) Connection charge for new construction
and existing structures , other than •family dwelling
buildings .
For all other new construction, including
but not limited to commercial and industrial
buildings , hotels and motels and public
buildings, the connection charge shall be
$50 per 1000 square feet of floor area con-
tained within such construction, provided
that the minimum connection charge for such
new construction shall be $250 .
(d) Connection charge for replacement buildings .
For new construction replacing former
buildings , the connection charge shall be
calculated on the same basis as provided in
Paragraphs (a) and (c) above. If such re-
placement construction is commenced within
two years after demolition or destruction
of the former building , a credit against
such charge shall be allowed and shall be
the equivalent connection charge for the
building being demolished or destroyed, cal-
culated on the basis of current- charges for
new construction. In no case shall such credit
exceed the connection charce.
(e) Connection charges for additions to or
alterations of existing buildings .
In the case of structures where further now
construction or alteration is made to increase
the occupancy of family dwelling buildings or
the area of buildings to be used for other than
family dwelling buildings , the connection
charges shall be $250 for each dwelling unit
added or created and in the case of a new
construction other than family dwelling
buildings , it shall be ;50 per 1000 square
feet of additional floor area contained
within such new construction , provided such
new construction shall contain additional
fixture units .
-2-
0 �
(f) When charge is to be paid .
Payment of connection charges shall be re-
quired at the time of issuance of the building
permit for all construction within the District,
excepting in the case of a building legally
exempt from the requirement of . Y)taining a
building permit. 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 construction within the territorial limits
of the District.
(g) 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 Buildina Department
of each City within the District.
(h) Biennial Review of Charges .
At the end of two years from the effective
date of this Ordinance , and every two years
thereafter, the Board of Directors shall review
the chz,rges established by this article and
if in its judgment such charges require modi-
fication, an amendment to this Ordinance
will he adopted establishing such modification . "
Section 3 : The effective date 'of- this Ordinance shall be
September 9 , 1977.
PASSED AND ADOPTED by the Board of Directors of County
Sanitation District No. 11 of Orange County, California , at a
regular meeting held on the loth day of August 1977 .
Chairman of tiie Board of Directors ,
Co,inty Sanitation District No . 11
n of Orange County , California
i
ATTEST:
i
Secret zhe Board of birectors ,
QountylSa tation District No. 11
o Or y` County , California
h
` Y
A,
STATE OF CALIFORNIA )
SS,
COUNTY OF ORANGE )
J, .7. WAYNE SYLVESTER, Secretary of the Boards of Directors of
County Sanitation District No. 11 of Orange County, California, do hereby
certify that the above and foregoing Ordinance No. 1104 was regularly
passed and adopted at a regular meeting of said Board on the loth day
of August 1977 , by the following vote, to wit:
AYES: Directors Ron Pattinson and Laurence J. Schmit
NOES: None
ABSTENTIONS: None
ABSENT: Director Ron Shenkman
IN WITNESS UEREOF, I have hereunto set my hand this loth day of
August , 1977 .
J. Iayn 1 uster, Secretary,
BI rd Di ctors, County
nit ion iistrict No. 11 of
Orange County, California
COUNTY SANITATION DISTRICTS AREA CODE 714
CALIFORNIA -2910
OF ORANGE COUNTY, \�� 962-gait
C.,
P ❑. 6❑X 8127. FOUNTAIN VALLEY. CALIFORNIA 92708
10844 ELLIS AVENUE (EUCLID OFF-RAMP. 5AN DIECQ FREEWAY)
September 1.6 , 1977
City of Huntington Beach
P. 0. Box 190
Huntington Beach, CA 92648
Attention : Alicia M. Wentworth
City Clerk
Subject : Standard Agreement for Collection of District
No. 11 Connection Fees by the City
Enclosed herewith please find one fully-executed copy of subject
agreement for your files.
l�
J. Wayne- . Sylvester
Director of Finance
and Board Secretary
JWS: rb
Enclosure
v.
r
City of Huntington Beach
P.O. BOX ISO CAL17ORNiA 6260
CHI' LEI OFFICEC)I l:fH C I CLERK
September 8, 1977
County Sanitation District
of Orange County California
P. O. Box. 8127
Fountain Val.-ay, CA 92708
Attention: J. Wayne Sylvester
Gentlemen:
The City Council of the City of Huntington Beach at its regular
meeting held September 6, 1977 approved an agreement between the
City and the County Sanitation District No. 11 providing; for the
City to collect on behalf of the District, sewer connection charges
for use of District sewer facilities .
We ar;: enclosing three duly executed agreements and would appreciate
you returning a copy when executed by the District , for our files .
Please return the Ciry' s copy to Office of the City Clerk, P. 0.
Box 190, Huntington Beach, CA 92648.
Sincerely your.;,
Alicia M. Wentworth
City Clerk
A,�1W:CB:wm
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COUNTY SANITATION DISTRICTS �'�����:� AREA CODE 714
/' S4D-291l:7
OF ORANGE COUNTY, CALIFORNIA 9 62-2a 1 1
P. O. BOX 8127. FOUNTAIN VALLEY. CALIFORNIA 92708
10844 ELL IS AVENUE (EUCLID OFF-RAMP. SAN DIEGO FREC`NAY)
August 24 , 1977
City of Huntington Beach
P. 0. Box 190
Huntington Beach, CA 92648
Attention : H. E . iiartge
Director of Public Works
i
Subject: Ordinance No. 1104 , An Ordinance Amending
Ordinance No. 1103 , Establishing Sewer Connection
Charges for Use of District Sewerage Facilities
Enclosed herewith for your information is a certified copy o �
subject Ordinance implementing connection charges in District 11.
,1
S. Wayne Syfvester
Director of Finance
and Board Secretary
JWS : rb
Enclosure
e
Ij CityHuntingtonof Beach
qRP.O. BOX 190 CALIFORNIA 92648
ENGINEERING DEPARTMENT a17
A'Cr1Z�►� rr.
AG G 17 1977
� ___ ._� ITY OF HUNTINGTON BEACH
�•••..."' GI''Y `L ADMINISTRATIVE OFFICE
TO: Honorable Mayor and City—
ATTN: Floyd G. Belsito , City Administrator
FROM: H . E. Har-'-ge, Director of Public Works
DATE: August 16 , 1977
SUBJECT. Agreement for Collection of Sewer Connection Charges (�
1J
STATEMENT OF PROBLEM:
The Orange County Sanitation District No. 11 recently
passed Ordinance No. 1104 Establishing sewer connection
charges for use of District sewerage facilities . The
District requests that the City collect these charges on .
their behalf .
RECOMMENDED ACTION:
It is recommended that the City Council approve the standard
agreement for collection of sewer connection charges and
authorize the Mayor to execute the agreement on behalf of
the City.
ANALYSIS :
The agreement authorizes the Cite to collect the sewer
connection charges on behalf of the Sanitation District
No. 11 . In exchange for this service, District agrees to
pay the City 5 percent of the fees collected. The identical
service is presently being performed for County Sanitation
District No. 3 .
ALTERNATIVES :
There is no alternative unless the City desired more than the
5 percent of the permit fee for performing the collection
f service.
FUNDING SOURCE :
No City funds are required.
HEH :MZ : jy
I, 7
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• '
COUNTY SANITATION DISTRICTS t � AREA CODE 714
540.2910
OF ORANGE COUNTY, CALIFORNIA �-.�"°- 9 e 2-24 1 1
C
P. Ci. BOX 8127. FOUNTAIN VALLEY. CALIFORNIA 92708
1OB44 ELLIS AVENUE ( EUCLID OFF-RAMP. 5AN DIEGO FREEWAY )
August 23, 1977
City of Huntington Reach
2000 Main Street
Huntington Beach, CA 9264S
Attention: Alicia Wentworth
City Clerk
Subject : Standard Agreement for Collection of D.i.strict. No. 11 Connection
Fees by the City
On August Gth we submitted a formal request to the City Council to enter into
subject agreement. Pursuant to our telephone conversation, in the event the
Council acts favorably on said request, we are enclosing herewith three copies
of said agreement. Please ha,ie all three copies signed and returned to the
District. Upon final execution by our office, one copy will be returned to
the City.
If you have any questions, please do not hesitate to contact me.
r ;
J. Iti' 1 1le ylvegtpr
Di I cto of Fi.,� . .:e
a d Board Sec.-ecary
JWS:jc
Enclosures
cc: H. F. Hartge
I
COUNTY SANITA-fION DISTRICTS
�� a TELEPHONG9:
i
' $ ��� � a AREA CODE 714
saa-2910
OF ORANGE COUNTY, CALIFORNIA � 962-2 11
�:
P. O. BOX 6127. FOUNTAIN VALLEY. CALIFORNIA 92700
10844 ELLIS AVENUE ( EUCLID OFF-RAMP. SAN DIEGO FREEWAY )
August 5, 1977
1077
Honorable City Council CITY OF H1J,1!IN( T0N i?(ACH
City of Huntington Beach ('IT'.' GOUFICIL f1Fr'!'I-
11. 0. Box 190
Huntington Beach, CA 92645
Subject: Standard Agreement for Collection of District No. 11
Connection Charles by the City
The Board of Directors of County Sanitation District No. 11 recently gave
tentative approval to its Master Plain of trunk sewer facilities . In order to
assist in the financing of these major facilities to serve the residents of
Huntington Beach and the District, tile. 13)oaTa is in the process of adopting
and implementing Ordinance No. 1104, establishing sewer connection fees for
use of the Districts ' sewerage facilities . '17ie sewer connection fee will not
only provide a new source of revenue to meet anticipated cash flow requirements
for construction of the new facilities, but will also help establish a system
of assessing and recovering the cost of providing sewage services equitably
among users and potential users of the Districts ' expanded sewerage system.
The purpose of this letter is to formally request your Council to approve
entering into an agreement with County Sanitation District No. 11 to provide
for the collection of the newly adopted District connection charges as City
building permits are issued. The agreement, which is the same as the existing
contract with the City for collection of District No. 3 connection fees, also
provides for retention of 5% of the fees collected to defray any administrative
costs.
Should the Council or staff have any questions regarding the new connection
charge ordinance or the standard agreement, the Districts' staff is available
at your convenience. Please contact the undersigned 1 you esire :additional
information in this regard.
yne Sylvester
MIS:jc Di ct of finance
cc: Director Pattinson Director Gibbs
Director Shenkman Bud Belsito, City Manager
Director Wieder Bill Htartge, Director of Public. Works
Enclosures : Ordinance 1104
Standard Agreement
c t
STANDARD AGREEMENT FOR COIAA-I'CTTON OF
SEWER CONN17CTION CHARGES
THIS AGREEMENT, made and entered into this � da of
! , by and between the City of 1-1 � TiIIII1CII'�;_ CC'2'p-
oration, hereinafter called "City" , and the County Sanitation
District No. 11 of Orange County, California , hereinafter called
"District" ,
W I 'I' N E S S E T I•i :
WHEREAS , District has by the enactment of Ordinance No. 1.1.O4
established a schedule of sewer connection charges ; and
WHEREAS , all or a portion of the improved territory of the
District is within the city l. i.mi. ts of City ; and
hIliF.RI'AS , the City by and through its bui lc3i.ng department
regulates all now construction within the City; and
t1HEIREAS , it is for the mutual henefit of City and District that
the sever connection charges provided for in said Ordinance No . l ';
of the Di strict be collected in a M IIIYIE'I.- expedient and least-
burdensome on the ovnier-s of nrO'Del,ty within the City ; and
I.111ERFAS , the Cite will ben(--f i t by tl" - construction and main-
tenance of seweriiae facilities of the District within the city limits
of Cite by District I:roIll the func?s to be collected from said sewer
connection charcies .
1,101; THFREFORE , it i,S mutually agreed as follovs :
! . City as agent will and does hereby acree to issue permits
and collect the charnes cstablis'hed by District unOler said Or(llnor)ce
as ar-,(,'nded f?-om t 1 1;iE' to time .
2 . District shall proscribe those classifications of cal, roes
to be collected by City .
3 . City will account `e:- the charc:es col 1 c-c o(I., and to
District monthly the T-,onies so collected , except as provided in
Section G hereof .
4 . Procedures mutually agreeable to City and District shall
be established for collection and remittance of said fees .
r
5 . District does hereby appoint and nominate City and its
Agent 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. ilo4, 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. 11011, as emended , except as expressly set
forth in this Agreement.
6. City agrees to act as agent for District as herein provided
for a fee equal to five percent (5% ) of the fees collected by City
for permits issued pursuant to the provisions of this agreement,
and District agrees to pay said fee monthly. Said five percent ( 5% )
fee of City shall be deducted from the charges collected by City
and the balance remitted to District pursuant to Section 3 herein .
7 . If City is presented t,+ith a dispute as to the validity ,
reasonableness , enforcibil. ity, or. applicability of the charges
agreed to be collected by it for District , City shall notify District
of the problem and District shall take over the collection and
enforcement of its ordininnces in subject cases . It is contemplated
that this shall be the procedure For serious disputes made upon
some current lqual right or basis as di :st: ingwished from crank-type
or ill-founded di.sagrec_�ments .
8 . City shall not be .liable to District for its unintentional
and inadvertent failure to collect a connection change actually
due District or its unintentional or inadvertent miscalculation of
the amount of the charges , fee , or fees due District .
9 . District hereby agrees to hold City free and harmle., of
any and all liability that might arise if any such fees collected
by City shall be cieter.minc6 to have been illegally collected .
10 . District agrees to provide legal services in the defense
of any action seeking to collect sewer connection fees alleged to
have been illegally collected.
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ll . It is arvoed -'0. the request of c l.t;hcr -irt,y i,,eret')"
formal renegotiation of this ,ij-re('M ant shall bc� made at. tv;o years
from the effective date hereof.
12 . This agreement may be terminated by either party giving a
180--day written notice to the other party designating a termination
date , which date shall be the first day of a calendar month .
• 13 . This agreement; shall become effective on the 9th day of
September 1971 ,
CITY : CITY OF HUNTINGTON BEACH ,
a municipal corporation
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DIS`I'RI(AT: COUNTY SAINT T`PA`1'ION DISTRICT HO . 12.
of Oranf-e Country , C"al i. fornia ,
a public; orporat:ion
rrnpfi , %oard of li:ircctors
7 I.)
of
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APPROVED AS TO FOR1..
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