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HomeMy WebLinkAboutResolution 1982 - 0129RESOLUTION NO.82-129—2 APPROVING SEWER SERVICE AGREEMENT WITH NORTH ORANGE COUNTY COMMUNITY COLLEGE DISTRICT RE ANNEXATION NO.47 TO DISTRICT NO.2 A RESOLUTION OF THE BOARD OF DIRECTORS OF COUNTY SANITATION DISTRICT NO.2 OF ORANGE COUNTY,CALIFORNIA,APPROVING A SEWER SERVICE AGREEMENT WITH NORTH ORANGE COUNTY COMMUNITY COLLEGE DISTRICT FOR TERRITORY LOCATED OUTSIDE OF THE JURISDICTIONAL BOUNDARIES OF DISTRICT NO.2. **** WHEREAS,North Orange County Community College District is the owner and developer of certain land consisting of ap proximately 14.86 acres situated in the City of Yorba Linda and located contiguous to the existing jurisdictional boundaries of District No.2;and, WHEREAS,the owner/developer submitted a petition to the District for annexation to the District which was designated as Annexation No.47;and, WHEREAS,the proceedings to complete Annexation No.47 were never initiated by District No.2,because the District was unable to negotiate an agreement pursuant to the provisions of Revenue and Taxation Code Sections 99 et ~with the County of Orange relating to property tax revenues derived from the property which was the subject of the annexation petition;and, WHEREAS,owner/developer is unable to develop the property in the absence of obtaining sewer service from District; and, WHEREAS,the Yorba Linda County Water District has agreed to provide local sewering service to the property owned by developer/owner,and developer has offered to enter into an agreement with District wherein it would receive service from District No.2 in accordance with specified terms and condi tions;and, WHEREAS,the Board of lYirectors has reviewed and determined that the proposed agreement with owner/developer is in the best interests of 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 the certain sewer service agreement sub mitted this date to the Board of Directors for execution by and between County Sanitation District No.2 and North Orange County Community College District,providing for the Yorba Linda County Water District and the Sanitation District to provide sewer service to the property owned by developer/owner, is hereby approved in the final form as approved by the District’s General Counsel. Section 2 District shall provide the wastewater collection and treatment from the subject property in accordance with the terms and conditions of the aforementioned agreement,and owner/developer shall obtain no further rights except as ex— pressly set forth in said Agreement. Section 3 The General Manager or the Chairman of the District,together with the Secretary of the Board of Directors —2— are authorized to execute said Agreement in the final form as approved by the General Counsel. PASSED AND ADOPTED at a regular meeting held September 8,1982. —3— 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 foregoing Resolution No.82—129—2 was passed and adopted at a regular meeting of said Board on the 8th day of September,1982,by the following vote,to wit: AYES:Henry W.Wedaa (Chairman),Barbara Brown,Donald Fox,Donald A. Holt,Jr.,Carol Kawanaini,Robert Luxembourger,Bob Perry,Don Roth,Don E.Smith,Dorothy Wedel,Harriett M.Wieder,Duane Winters NOES:None ABSENT:None 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 8th day of September,1982. J.*~yne~71ve~~er,Secretary Board o,f/Dire~or3 of County $aniIta€i~bn Di~rict No.2 County,California