EXHIBIT 11-B
Excerpt
from Ordinance No. 109
AN
ORDINANCE OF THE BOARD OF DIRECTORS OF THE
MONTEREY
PENINSULA WATER MANAGEMENT DISTRICT
REVISING
RULE 23.5 AND ADOPTING ADDITIONAL PROVISIONS TO FACILITATE THE FINANCING AND
EXPANSION OF THE CAWD/PBCSD
RECYCLED WATER PROJECT
Section Three: Financing for the Project Expansion
C. Procedures for Separate
1. No such conveyance shall be effective
unless and until the writings comprising the Supplemental Financial Commitment
(as defined herein) have been received by MPWMD; and
2. Each portion of the PBC Water
Entitlement thus conveyed:
a. shall be dedicated
solely to property within the Del Monte Forest that is not owned by PBC as of
the date that that this ordinance is adopted;
b. shall
be put solely to Residential use (as
defined in Rule 11); and
c. shall be offered on the same terms and conditions to
persons on the Monterey County waiting list for approved residential
development projects within the Del Monte Forest which are awaiting water
availability .
3. As of the date that the
writings comprising the Supplemental Financial Commitment as defined herein are
received by MPWMD, each recipient of a portion of PBC’s Water Entitlement sold
and conveyed pursuant to Subsection C shall be entitled to issuance by the
General Manager of a Water Use Permit. The Water Use Permit shall authorize uses
only through a “Residential connection” (as defined in Rule 11), up to the amount of the Water Entitlement
separately conveyed as is documented and authenticated in the conveyance
documentation presented to the General Manager.
4. All Water Use Permits
issued pursuant to this Subsection to evidence the portions of the Water
Entitlement separately conveyed by PBC pursuant to Subsection C of this Section
Three shall provide that rights memorialized thereby shall be subject to
modification after year 2075 as provided in this ordinance and in Ordinance No.
39, and shall further provide that such rights shall not be Revoked (as defined
in Rule 11) or Terminated as defined herein with respect to the entire Water
Entitlement so conveyed except as provided in Subsection D of this Section
Three.
5. Each of the
restrictions of use set forth in Subsection D of Section Three shall be set
forth on the face of the Water Use Permit, and shall bind each owner of the
Benefited Property to which the conveyed Water Entitlement is assigned.
6. The General Manager
shall simultaneously make a record of the quantity of the Water Entitlement
thus conveyed and a commensurate reduction in the aggregate amounts of the
Water Entitlement thereafter held by PBC.
The Water Use Permit shall provide that MPWMD shall have such access as
may be required to enable it to account for the use of water on the Benefited
Property.
D. Restrictions on Use
of Portion of Water Entitlement Separately Sold and Conveyed
1. Any portion of the
Water Entitlement of PBC separately conveyed pursuant to Subsection C of this
Section Three may be used only on the specific property to which it is first
dedicated following the conveyance, and the water shall be put solely to Residential use (as defined in Rule
11).
2. In addition, the use of
water acquired pursuant to Subsection C of this Section Three shall not exceed
the quantity set forth in the Water Use Permit issued pursuant to Subsection C
of this Section Three and shall be measured in accordance with the water use
factors specified at the time of connection in the MPWMD Rules, as amended from
time to time. In order to facilitate
enforcement of this limitation, MPWMD shall use its existing authority,
including without limitation the provisions of Rule 42, MANDATORY RELEASE OF
CUSTOMER INFORMATION FROM WATER DISTRIBUTION SYSTEMS, and shall adopt such
additional Rules and Regulations, or execute such agreements, as are necessary
to gather information concerning the quantity of potable water obtained from
Cal-Am on a monthly and total annual basis to serve the Benefited
Properties.
3. The use of water on
each of the properties to which a portion of the Water Entitlement is dedicated
(after conveyance by PBC pursuant to Subsection A of this Section Three) shall
be measured in accordance with the water use factors specified at the time of
connection in the MPWMD Rules, as amended from time to time, and shall at all
times remain subject to the limitations and restrictions referenced in this
ordinance and Rule 23.5.
E. Use
of Water Entitlement by PBC PBC may
commence or continue to use the quantity of PBC’s Water Entitlement that is not
sold and conveyed by PBC pursuant to Subsection A of this Section on any or all
Benefited Properties owned by PBC as of the time that this ordinance is
adopted, as provided in the Fiscal Sponsorship Agreement, for any lawful use as
determined by the appropriate jurisdiction with land use authority
thereover. In addition, PBC may sell
and convey a parcel of land that it owns together with a specified portion of
PBC’s remaining Water Entitlement without being required to apply any
consideration received therefor to the Project.
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