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HomeMy WebLinkAboutResolution 1980 - 0089p4. RESOLUTION NO.80-89-2 APPROVING AMENDMENT NO.1 TO AGREEMENT WITH THE CITY OF BREA FOR ANNEXATION NO.38 -CARBON CANYON ANNEXATION NO.1 TO COUNTY SANITATION DISTRICT NO.2 RE USER FEES A RESOLUTION OF THE BOARD OF DIRECTORS OF COUNTY SANITATION DISTRICT NO.2 OF ORANGE COUNTY, CALIFORNIA,APPROVING AMENDMENT NO.1 TO ANNEXATION AGREEMENT WITH ThE CITY OF BREA FOR ANNEXATION NO.38 - CARBON CANYON ANNEXATION NO.1 TO COUNTY SANITATION DISTRICT NO.2 RE USER FEES ***************** WHEREAS,County Sanitation District No.2 has heretofore entered into an agreement with the City of Brea providing for Annexation No.38 -Carbon Canyon Annexation No.1 to County Sanitation District No.2 and deferment of payment of fees therefor;and, WHEREAS,at the time of execution of said agreement the proposed formation of Sewer Assessment District No.78-1 to finance facilities to serve the territory and pay annexation and associated fees was uncertain;and, WHEREAS,the City of Brea has now held public hearings and it appears that Sewer Assessment District No.78-].will be formed and annexation to District No.2 will proceed;and, WHEREAS,the monthly user fee established in the annexation agreement was set at $20 per month per connection in the event the territory was not annexed to the District;and, WHEREAS,Sewer Assessment District No.78-1 will be proceeding to successful conclusion,the monthly user fee established in the annexation agreement appears punitive,and the City of Brea has requested that it be reduced;and, WHEREAS,the District staff has recommended that the monthly user fee be reduced from $20.00 per month per connection to $5.00 per month per connection, subject to successful completion of the annexation to the District. NOW,THEREFORE,the Board of Directors of County Sanitation District No.2 of Orange County,California, DOES HEREBY RESOLVE,DETERMINE AND ORDER: Section 1 That Amendment No.1 dated May 14,1980 to that certain Annexation Agreement dated October 10,1979,with the City of Brea for deferred payment of annexation fees relative to proposed Annexation No.38 -Carbon Canyon Annexation No.1 to County Sanitation District No.2,providing for a reduction in the monthly user fee from $20.00 per month per connection to $5.00 per month per connection,commencing January 1,1979,to the date the annexation is completed and filed,subject to successful completion of the annexation proceedings,is hereby authorized and approved;and, Section 2 That the Chairman and Secretary of the District are hereby authorized and directed to execute said Amendment No.1 on behalf of the District in form approved by the General Counsel. PASSED AND ADOPTED at a regular meeting held May 14,1980. STATE OF CALIFORNIA ) )SS. COUNTY OF ORANGE ) I,J.WAYNE SYLVESTER,Secretary of the Board of Directors of County Sanitation District No.2 of Orange County,California,do hereby certify that the above and foregoing Resolution No.80-89-2 was regularly passed and adopted at a regular meeting of said Board on the 14th day of May , 1980 ,by the following vote,to wit: AYES:Donald Holt,Jr..(Chairman pro tern),Marion Corbett,Don Fox,Carol Kawanami,Bob Perry,Donald Roth,Don Smith, Roger Stanton,Harriett Wieder,Duane Winters and Harry Yain~amoto NOES:None ABSENT:Henry Wedaa IN WITNESS WHEREOF,I have hereunto set my hand and affixed the official seal of County Sanitation District No.2 of Orange County, California,this 14th day of May , 19 80. of Or ge County,California 3-104