HomeMy WebLinkAboutResolution 1963 - 0049 •
RESOLUTION NO. 63-49-7
APPROVING INTERPRETATION #2 OF ORDINANCE 705
A RESOLUTION OF THE BOARD OF DIRECTORS OF
COUNTY SANITATION DISTRICT NO. 7 OF ORANGE
COUNTY, CALIFORNIA, APPROVING THE GENERAL
MANAGER'S INTERPRETATION NO. 2 OF PERMIT
REGULATIONS OF ORDINANCE NO. 705, AS
AMENDED BY ORDINANCE NO. 706
The Board of Directors of County Sanitation
District No. 7 of Orange County, California
DOES HEREBY RESOLVE, DETERMINE AND ORDER:
Section 1. That the General Manager's Interpreta-
tion No. 2 of Permit Regulations of Ordinance No. 705, as
amended by Ordinance No. 706, is hereby approved; and
Section 2. That said Interpretation No. 2 is
attached hereto and made a part of this resolution.
STATE OF CALIFORNIA)
SS.
COUNTY OF ORANGE )
I, FRED A. HARPER, Secretary of the Board of
Directors of County Sanitation District No. 7 of Orange County,
California, do hereby certify that the above and foregoing
Resolution No. 63-49-7 was regularly passed and adopted at a
regular meeting of said Board on the loth day of April, 1963,
by the following vote, to wit:
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AYES: Directors Loney, Cook, Hall, Meyers, Parks and Featherly
NOES: Directors None
ABSENT: Directors None
IN WITNESS WHEREOF, I have hereunto set my hand and
affixed the official seal of County Sanitation District No. 7
of Orange County, California this 10th day of April , 1963,
a .
84 e ary, Board DirVtors
Of County Sanitation District No. 7
Of Orange County, California
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GENERAL MANAGER INTERPRETATION NO. 2 OF PERMIT REGULATI).4S
OF ORDINANCE NO. 705, AS AMENDED BY ORDINANCE NO. 706.
WHEREAS, Sub-section (f) of Article 4 of Ordinance No. 705,
as amended by Ordinance No. 706 of County Sanitation District
No. 7 of Orange County, California, provides that if factual situa-
tions presented do not follow precisely within the rules promulgated
in Article 4 of said Ordinance, the General Manager shall interpret
them in a reasonable manner, and that in making such interpretations,
he shall be guided by the policy of the Districts which is to base
fees and charges in accordance with the benefits and uses supplied
by the District, and those receiving the greatest benefits and
most use of the facilities provided by the District shall proportion-
ately bear more of the costs and expenses of the District; and
WHEREAS, the Costa Mesa Sanitary District of Orange County,
California, has presented to the General Manager factual situations
within its District which do not follow precisely within the rules
promulgated in Article 4 of said Ordinance, to wit :
WHEREAS, these factual situations are:
1. That the property owners within the territory known as
Annexation No. 19, as annexed to the Costa Mesa Sanitary District
on October 22, 1957, and within Sanitation District No. 7, situated
in the general area southeasterly of Newport Boulevard and adjacent
to Palisades Road, did on September 15, 1958, authorize the
construction of trunk sewers, street sewer mains, house laterals,
and a pump station under the Improvement Act of 1911. This work
was completed and connected to the trunk sewer mains of the
Costa Mesa Sanitary District and the trunk line Of Sanitation
District No. 6 previous to October 1, 1959, all prior to the adoption
of Ordinance No. 705 of Sanitation District No. 7. The property
owners within Annexation No. 19 will be paying for the above-mentioned
sewer installations for the next seven (7) years, and will not
be directly benefited by the facilities installed by Sanitation
District No. 7 from money derived from the 1962 bond issue.
2. That the areas shown in brown on the map attached hereto
are subdivisions on which final tract maps had been filed and
recorded prior to March 1, 1962, and which subdivisions were in use
and connected to a trunk sewer main owned by Sanitation District
No. 7 prior to March 1, 1962, and were not on dry sewers as of said
date.
Therefore, because of the factual situations thus presented
and in accordance with the stated policy of the Directors of
District No. 7, as set forth in Ordinance No. 705, it is the inter-
pretation of the General Manager that the permit charges set forth
in Article 4 of Ordinance No. 705, as amended by Ordinance No. 706,
shall not apply to those properties situated in the Costa Mesa
Sanitary District, :...defined as follows:
(1) That property within the territory known as, and
described in, Annexation No. 19 to the Costa Mesa Sanitary District
in October 22, 1957, within County Sanitation District No. 7 which
was improved by the construction of trunk sewer mains, street
sewers and house laterals under the Improvement Act of 1911
proceedings, excepting those properties to be served in the future
by any newly constructed house laterals or street sewers, (those
properties to be so served in the future shall pay the permit charges
described in Article 4 of Ordinance No. 705, as amended by Ordinance
No. 706) . By house lateral is meant a lateral connecting to the
main sewer main and does not include completion of laterals from
property lines to the structure.
(2) Those properties consisting of subdivided lands
designated in brown on the map attached hereto and made a part hereof.
DATED this day of , 1963.
Lee M. Nelson, General Manager of
Sanitation District No. 7.
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