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Reso 0547-07/1980 RESOLUTION NO. 547 RESOLUTION OF THE SAN MARCOS COUNTY WATER DISTRICT ESTABLISHING THE RULES AND REGULATIONS FOR ALLOCATION OF SEWER CAPACITY WHEREAS, the Board of Directors of the San Marcos County Water District (BOARD) has adopted Ordinance Number 63 establishing the District policy for allocation of available sewer capacity; and WHEREAS, The Board desires to implement that policy by establishing specific rules and regulations for the allocation of available capacity. NOW, THEREFORE, THE BOARD OF DIRECTORS OF THE SAN MARCOS COUNTY WATER DISTRICT DOES HEREBY FIND, DETERMINE, ORDER AND RESOLVE AS FOLLOWS: Section 1: The following procedure is established for allocating available capacity. 1.1 When capacity initially is available, five percent (5%) of the total number of available connections (D.U.E.'s) shall be reserved for emergency use, including but not limited to connections for septic tank failure. 1.2 An allocation list shall be maintained by the District. 1.3 Applications for sewer connections shall be made by signing the District form and accepted, processed and placed on the allocation list, upon payment of a One Hundred Dollars ($100.00) deposit for each D.U.E. Submission of an application and payment of the deposit shall constitute a pledge by the applicant to pay the balance of the connection in effect at the time capacity is made available. 1.4 An application pertains to a specific parcel of land and is not transferable to another parcel of land. 1.5 Each application shall specify the proposed use of the property (the project) and the number of D.U.E.'s required For that use and is not transferable to another project. 1.6 When capacity has been developed by the District and is available for use by applicants, and the Board of Directors has determined the number of permits which may be issued, the appropriate applicants for whom Resolution No. 547 capacity is available as determined according to established priority on the allocation list shall be notified of the availability of their permit(s). 1.7 Any notice required by this resolution shall be deemed delivered when deposited, certified mail, in the United States mail and addressed to the applicant at the address given on his or her application. Notice to the District, by the Applicant, of a change of address shall not be deemed effective until received by the District. 1.8 Upon notification, applicants have sixty (60) calendar days to pay (as previously pledged) the total connection fee then in effect for each D.U.E. (less the original deposit). On failure to pay said fee in full during the sixty (60) day period, the applicant shall be eliminated from the allocation list without further notice. 1.9 Upon receipt by the District of connection fees in full, applicant will be issued a nontransferable permit for the project to connect to the District's system. Failure to connect within 365 calendar days shall cause the permit to expire. 1.10 The connection permit fee for each D.U.E. is hereby established by the Board of Directors of the District as $2,400 and is subject to change by the Board without prior notice to applicants (Permitees). 1.11 If the Permittee does not connect to the sewer system and discharge sewage into the District system and pay the monthly charges for use of the sewer system, within the initial 365 day period, the Permittee may obtain a new permit for an additional 365 days upon payment of One Hundred Dollars ($100.00) per dwelling unit equivalent. The first renewal (second 365 day period), second renewal (third 365 day period) and third renewal (fourth 365 day period) shall be made automatically by the District management provided the necessary fees are paid and arrangements are made with the District by the Permittee prior to the expiration of an existing permit. A total of four (4) periods of 365 days each is allowed for construction and connection of a project. Thereafter, any further renewals must be authorized by the Board of Directors and are subject to such terms as the Board, as a matter of discretion, may impose, including but not limited to payments of additional fees. -2- Resolution No. 547 ~'~ Section 2: The allocation list shall be established as follows: 2.1 A list shall be created for applicants who request one or more D.U.E.'s but not to exceed seventy (70) D.U.E.'s for any single application. 2.2 Priority on the allocation list shall be determined by date of receipt, and applicants will be added to the list in the order in which applications are received. 2.3 If an applicant requests more than seventy (70) D.U.E.'s by filing two or more applications, when the applicant becomes first in ranking on the allocation list for the first application, and capacity is available, the District will issue a maximum of seventy (70) D.U.E.'s for a 365 day period. The other application(s), over seventy (70) D.U.E.'s, will maintain their position on the list but will be passed over by those lower in ranking until the 365 day period has expired for the first seventy (70) D.U.E.'s, or the seventy (70) D.U.E.'s have been fully utilized, whichever is latest in time, at which time, if capacity is available, the next application(s) will be processed in the same manner in maximum increments of seventy (70) D.U.E.'s. 2.4 If a Permittee (but not an applicant) determines that he or she has unused, or surplus, capacity rights, the Permittee may request the District to re-purchase the surplus capacity under the following conditions. 2.4.1 The repurchase price shall be the original cost paid by the Permittee, less the total of all One Hundred Dollar ($100.00) initial or renewal deposits for each D.U.E. 2.4.2 There must be an allocations list of applicants for which the District has not provided capacity, and such applicants must purchase the capacity from the District. 2.4.3 If there is no allocation list, the decision to re-purchase and resell the capacity is discretionary with the District. 2.5 At the discretion of the Board, Governmental agencies within the District, including but not limited to Cities, Fire Protection Districts, Cemetery Districts, Schools, Colleges, and agencies of San Diego County shal. 1 be issued sewer connection permits upon request or as they become available. Such requests shall take precedence over other applicants. -3~ Resolution No. 547 Section 3: The District will supply sewer service to each applicant who, prior to the effective date of this Resolution is entered on a District allocation list. 3.1 For such an applicant to continue to be eligible to obtain sewer service, that applicant must comply with the requirements of this Resolution. 3.2 Sewer service shall be granted to such applicants in the same order that prior deposits were paid until the capacity has been utilized, provided that the applicant complies with the requirements of this Resolution. 3.3 To purge the list of prior applicants who desire to be released from obligations under Ordinance Number 63 and this Resolution, each such applicant will be provided a copy of Ordinance Number 63 and this Resolution and accorded a sixty (60) day opportunity to conform to the current rules by submitting a new application or, on request for a refund or failure to file a new application, such applicant will be refunded all deposits and will be removed from the application list without further notice. Section 4: The provisions of this Resolution are subject to change by the Board of Directors, and applicants and permittees must comply with the terms of this or any subsequent Resolution which is in effect at the time each stage of procedure relating to the applicant or permittee occurs. Section 5: This Resolution is effective on adoption. PASSED, ADOPTED AND APPROVED this 21 day of July , 1980, by the following roll call vote: AYES: Directors' Holms, Waller, Mahr, Ferguson NOES: Directors Mason ABSTAIN: Directors None ABSENT: Directors None (S E A L) ATTEST: ~S~ry -4- Resolution No. 547 '~ 3 ~ STATE OF CALIFORNIA ) : ss COUNTY OF SAN DIEGO ) I, JAMES F. McKAY, Secretary of the SAN MARCOS COUNTY WATER DISTRICT, do hereby certify that the foregoing is a true and correct copy of Resolution No. 547 adopted by the Board of Directors of the SAN MARCOS COUNTY WATER DISTRICT at a regular meeting of the Board on July 21, 1980, which Resolution is part of the Official Records of the District. DATED: · , etary ar~~R DISTRICTS (S E A L) -5-