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