HomeMy WebLinkAboutResolution 1982 - 01304 ~.
RESOLUTION NO.82-130-2
APPROVING SEWER SERVICE AGREEMENT WITH JOHN
D.LUSK &SON RE ANNEXATION NO.52 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 JOHN D.LUSK &SON FOR TERRITORY
LOCATED OUTSIDE OF THE JURISDICTIONAL BOUNDARIES
OF DISTRICT NO.2
WHEREAS,John D.Lusk &Son is the owner and developer
of certain land consisting of approximately.366.02 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.52.Said petition was received and approved
for initiation of proceedings by the adoption of Resolution
No.82—23—2 by District No.2;and,
WHEREAS,the proceedings to complete Annexation No.52
were never initiated by District No.2 because the District
was unable to negotiate an agreement pursuant to the pro
visions 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,the owner/developer is unable to develop the
property in the absence of obtaining sewer service from
District;and,
b
WHEREAS,the City of Yorba Linda 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 conditions;and,
WHEREAS,the Board of Directors has reviewed and de
termined 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
submitted this date to the Board of Directors for execution
by and between County Sanitation District No.2,the City of
Yorba Linda,and John D Lusk &Son providing for the Sanitation
District to provide sewer service to the property owned by
developer/owner,is hereby approved in the final form as ap
proved by the District’s General Counsel.
Section 2 District shall provide the wastewater collec
tion 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
expressly 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
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
—2—
STATE OF CALIFORNIA)
SB.
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—130—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 Kawanami,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.
3.~aynqS~L~eflter,Secretary
Boafrd cv~Dir~4ors of County
:Sa ita~ion ~trict No.2
~Or,~nge C~nty,California