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Contract - Hill, Mary - 1979-05-10 A G R E E M E N T THI AGREEMENT made and entered into this /0 day of , 1979 by and between the COSTA MESA SANITARY DIS ICT, a District formed under the Sanitary District Act of 1923, hereinafter called "DISTRICT and MARY E HILL, an individual WITNESSETH THAT WHEREAS, MARY E HILL is a resident of 2300 Mesa Drive, Santa Ana, California, being outside the present geographical limits of the DISTRICT; and WHEREAS , said MARY E HILL is now served by a septic tank which has become substantially inoperable and WHEREAS, said MARY E HILL has requested the DISTRICT to provide service to her property at the aforesaid address and WHEREAS DISTRICT is a governmental agency organized and operating to provide said service; and WHEREAS, DISTRICT has declined to annex the aforesaid property to the DISTRICT and in lieu thereof proposes to contract with said MARY E HILL; and WHEREAS, the parties hereto desire to set forth their rights and liabilities in connection herewith -1- NOW, THEREFORE, for and in consideration of the covenants herein contained, performed and to be performed, the parties hereto agree as follows I It is understood and agreed by and between the parties hereto that construction of laterals to the DISTRICT' S facili- ties in an adjoining street including clean-outs , "Y's" and all other appurtenances shall be by persons or entities other than DISTRICT and shall be done in accordance with plans and specifications approved by the DISTRICT engineer and in accordance with all laws , regulations , building and plumbing and electrical codes of whatever kind and nature and wherever applicable II It is further understood and agreed by and between the parties hereto that acquisition of any right-of-way shall be by person or entities other than DISTRICT and that DISTRICT shall be provided with proof of acquisition of right-of-ways , if any be required, prior to or at the time of the granting of construction permits byithe governmental agency having jurisdiction over said construction It is further understood and agreed by and between the parties hereto that said MARY E HILL shall pay or cause to be paid all fees in connection therewith including but not necessarily limited to sewer hookup fees DISTRICT inspection and permit fees , if any and said MARY E HILL shall also; be responsible for and shall obtain or cause to be obtained all necessary building and 1 -2- construction permits from any governmental agency having jurisdiction over said project and shall cause to be prepared and filed such environmental impact reports as shall be re- quired by any governmental agency having jurisdiction over the project III It is further understood and agreed by and between the parties hereto that the cost of maintenance , replacement, re- pair, upkeep and depreciation of any portion of the sewer facilities subject to this AGREEMENT shall be by persons or entities other than DISTRICT It is further understood and agreed by and between the parties hereto that there shall be a one-time charge as a service fee in lieu of annexation to the DISTRICT, which said charge shall be Three Hundred and Fifty-Two ($352 00) Dollars It is further understood and agreed by and between the parties hereto that if and when the improvements at the aforesaid location are demolished and new construction placed upon the property that said new construc- tion shall be subject to the requirements of Ordinance No 6 , a copy of which is attached to this AGREEMENT marked Exhibit "A" and by this specific reference made a part hereof IV It is further understood and agreed by and between the parties hereto that MARY E HILL or her contractors shall comply with all of the provisions of Sections 6500 through and including 6707 of the Labor Code, Section 4215 of the Government Code and such other laws and regulations as are -3- applicable , federal , state and local , to the construction of said facilities V This AGREEMENT shall be for the term of ten years from and after the date hereof and may be terminated sooner by the parties hereto if a governmental agency other than the DISTRICT proves facilities to serve the area served by this AGREEMENT VI It is understood and agreed by and between the parties hereto that MARY E HILL is of an advanced age and that her business affairs are conducted from time to time by her son Robert 0 Hill , and that it is understood and agreed by and between the parties hereto that said Robert 0 Hill may exe- cute this AGREEMENT on behalf of and as agent for MARY E HILL VII This AGREEMENT shall be binding upon the successors of interest of either of the parties hereto DATED the day and year first above written COSTA MESA SANITARY DISTRICT ATTEST By President) i7 -I -. .- 4 4 4II.iL. i ecretary MARY E HILL � f By r Robert 0 i Attorney in Fact -4- 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 Peimit 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 equivalent to the water (excepting irrigation water) purchased by the permittee Permittee 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 Ordinance (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 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 to discharge sewage or industrial waste 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 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 - 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 period. (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 - 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 - 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 invalid 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 - v' 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 BY p � Assi 7ant 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 y of the Board of Di ectors of the Costa Mesa Sanitary District - 10 -