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HomeMy WebLinkAboutResolution 1980 - 0019c~4~ RESOLUTION NO.80-19-5 ADOPTING DISTRICT POLICY RE ADVANCE PAYMENT OF CON NECTION FEES AND REIMBURSEMENT AGREEMENTS A RESOLUTION OF THE BOARD OF DIRECTORS OF COUNTY SANITATION DISTRICT NO.5 OF ORANGE COUNTY, CALIFORNIA,ADOPTING A POLICY CONCERNING THE AD VANCE PAYMENT OF CONNECTION FEES AND APPROVING RE IMBURSEMENT AGREEMENTS FOR REPAYMENT OF ADVANCED CONSTRUCTION COSTS WHEREAS,the District has completed a study of its master planned trunk sewer facilities;and, WHEREAS,the District has adopted Ordinance No.510,establishing three separate zones within the District;and, WHEREAS,the District has determined that Zone 2 (Big Canyon - lamboree Road Drainage Area)is in need of additional trunk line facilities in order to allow any further land development within the Zone;and, WHEREAS,the District has determined,that it has inadequate financial means at the present time to pay the anticipated costs of the additional necessary trunk sewer facilities within Zone 2;and, WHEREAS,District has determined that certain land owners within Zone 2 may be willing to finance the cost of construction of said new trunk sewer facilities,provided they are reimbursed by the District for any costs which exceed their liability for connection fees;and, WHEREAS,the District has determined that to allow the construction to be undertaken with funds provided as advance connection fees by property owners will minimize the total cost of construction and provide a benefit to all residents of the District. NOW,THEREFORE,the Board of Directors of County Sanitation District No.5,does hereby 1 FIND,ORDER and RESOLVE as follows: SECTION 1 That the declarations and findings set forth above are found to be true and correct and are incorporated hereat as operative provisions of this Resolution. SECTION 2~That it is the declared policy of this District to accept payment of funds from property owners of the District,either as advance payment of future connection charges due to the District or as aid in construc tion of facilities.Any such funds received by the District shall be used exdusively for construction of necessary master planned trunk sewers and facilities,which facilities shall serve,at least in part,properties owned by contributing owners. SECTION 3 That it is the declared policy of the District to reimburse to any property owner who provides funds to the District as an aid to construction, any amounts paid to District in excess of any liability to the District for connection charges.Said reimbursement shall be made by District to the property owner at such time as District is legally and financially able to do so. SECTION 4 Upon any owner offering to pay funds to the District as an aid to construction,the District and owner shall enter into a written agreement specifying all the terms and conditions of such payment and shall include,but not be limited to,provisions pertaining to the time of repayment and for applying a portion of connection fees paid by owner to the repayment of the obligation owing by District under the terms of said agreement. PASSED AND ADOPTED by the Board of Directors of County Sanitation District No.5 at an adjouTned regular meeting held January 15,1980. TLW:pj 01/02/80 01/09/80 2 STATE OF CALIFORNIA ) )SS. COUNTY OF ORANGE ) I,J.WAYNE SYLVESTER,Secretary of the Board of Directors of County Sanitation District No.5 of Orange County,California,do hereby certify that the above and foregoing Resolution No.8O-l9~5 was regularly passed and adopted at an adjourned regular meeting of said Board on the 15th day of Januarr , 1980 ,by the following vote,to wit: AYES:Paul Rycko~f (Chairn~an),Donald Strauss and Thomas Riley NOES:None ABSENT:None IN WITNESS WHEREOF,I have hereunto set my hand and affixed the official seal of County Sanitation District No.5 of Orange County,California,this 15th.day of January , 1980 J ./Wq(y-xTe ,6y~es/er,Secretary, B ar o~’/Dire~ors of County a ta~on Di’ ’trict No.5 Orai~ge County,California -j