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40 ORDINANCE NO. 40 AN URGENCY ORDINANCE OF THE CITY COUNCIL OF THE CITY OF GRAND TERRACE, SAN BERNARDINO COUNTY, CALIFORNIA, ESTABLISHING PRIORITIES FOR ALLOCA- TION OF SEWER CONNECTIONS. WHEREAS, there exists a temporary shortage of sewer capacity within the Colton Wastewater Treatment System, which temporary shortage creates an urgent need to establish priorities for the use of those connections and capacity which were made available to the residents of the City of Grand Terrace pursuant to the settlement of a litigation en- titled City of Colton vs. City of Grand Terrace concerning the use and operation of said Colton Wastewater Treatment System; and WHEREAS, it is necessary to adopt this Ordinance as an urgent measure in order to protect the health, safety, and welfare of the citizens of said City: NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF GRAND TERRACE DOES HEREBY ORDAIN AS FOLLOWS: Section 1 . There shall be established in the City of Grand Terrace four priorities of connection to the sewer system, said priorities to exist until such time as the old 2.4 MGD Colton Sewage Treatment Plant is repaired and back on the line. Section 2. On October 2, 1980, the City Council of the City of Grand Terrace established an Urgency Ordinance No. 39 providing for a thirty (30) day moratorium. Said Ordinance is hereby rescinded as of the effective date of this Ordinance. Said Ordinance No. 39 shall have no further effect. Section 3. The four priority categories shall be as follows: (1 ) FIRST PRIORITY - Construction which will not require additional sewer connections, or connections necessary to alleviate a serious public health hazard certified by the County Health Department. (2) SECOND PRIORITY - Commercial construction or industrial construction. (3) THIRD PRIORITY - Construction for which building permits had been issued prior to the date of the temporary restraining order in the above-entitled litigation (July 23, 1980) , and upon which substantial on-site work had begun prior to the date of said injunction. (4) FOURTH PRIORITY - All other construction. Section 4. This Ordinance shall remain in effect until such time as the existing 2.4 MGD plant (the old plant) has been renovated by the City of Colton and is operational , at which time the urgency for this present Ordinance will be alleviated. Section 5. The City Clerk shall cause this Ordinance to posted within fifteen (15) days after its adoption in three (3) public places within said City. This Ordinance was read at a special meeting of the City Council of said City held on the 9th day of October, 1980, and adopted and ordered posted at said meeting. ayo of the Cit ran r ce and of the C' Council thereof. ATTEST: i City `-1 k of the City of Grand Terrace and of the City Council thereof. Approved as to form: Cit orney -2- STATE OF CALIFORNIA COUNTY OF SAN BERNARDINO ) ss. CITY OF GRAND TERRACE ) I, MYRNA LINDAHL, City Clerk of the City of Grand Terrace, DO HEREBY CERTIFY that the foregoing Ordinance was duly adopted by the City Council of said City at a special meeting of the City Council held on the 9th day of October, 1980, and that it was so adopted by the following vote: AYES: Councilmen Grant, Petta, Nix; Mayor Tillinghast. NOES: None ABSENT: Councilman Rigley City C1 k of the City 6f Grand Terrace and of the City Council thereof. STATE OF CALIFORNIA ) COUNTY OF SAN BERNARDINO ) ss. CITY OF GRAND TERRACE ) I , MYRNA LINDAHL, City Clerk of the City of Grand Terrace, DO HEREBY CERTIFY that the above and foregoing is a full , true, and correct copy of Ordinance No. 40 of said City Council , and that the same has not been amended or repealed. DATED: October 9, 1980 City rk of the City of Grand Terrace and of the City Council thereof.