The URL can be used to link to this page

Home My WebLink AboutOCSD 06-16RESOLUTION NO. OCSD 06-16 A RESOLUTION OF THE BOARD OF DIRECTORS OF THE ORANGE COUNTY SANITATION DISTRICT LEVYING ASSESSMENT INSTALLMENTS IN LIEU OF THE PAYMENT OF SEWER SYSTEM CAPITAL FACILITIES CAPACITY CHARGES AND ANNEXATION FEES INCIDENTAL TO THE CONNECTION OF ASSESSOR'S PARCEL NOS. 502-353-05, 502-352-06, 502-353-01, 502-361-04, 502-362-06, 502-362-05, 502-362-07, 502-362-09, 502-362-08, and 502-362-11 TO THE SEWER SYSTEM ************** WHEREAS, Ordinance No. OCSD-26 authorizes the Board, upon application of any property owner seeking to connect to the District's sewer system, to approve of an agreement with the property owner for the payment of the applicable connection charge in installments over a period of not to exceed five (5) years, bearing an interest rate on the unpaid balance of not to exceed ten (10%) percent per annum, and providing that the charges and interest shall constitute a lien on the property; and WHEREAS, on September 24, 2003, the Board adopted a policy allowing property owners currently on septic tanks to make annual payments for the Capital Facilities Charge and Annexation Fee over a period not to exceed five years at zero percent interest, to be collected on the property tax bill, and to provide that such property owners must connect to the local sewer system within three years from the time the sewer line is installed to qualify for the zero percent interest, five-year payment program for such fees; and WHEREAS, in accordance with the provisions of Ordinance No. OCSD-26 and the Board's Policy, the owner of property located in the District's service area, which is being connected to the sewer system, has filed a petition requesting this Board to levy assessment installments in lieu of the payment of the sewer system Capital Facilities Capacity Charges and applicable Annexation Fees which ordinarily would be due and payable prior to, or at the time of, connecting such property to the sewer system; and WHEREAS, this Board has considered such petition at a public meeting, notice of which was duly served on each owner of an interest in the fee title to the property; and WHEREAS, this Board now desires to grant such petition and levy the assessment installments in lieu of payment of sewer system Capital Facilities Capacity Charges requested therein in the manner provided for by Ordinance No. OCSD-26 and the Board's Policy. NOW, THEREFORE, THE BOARD OF DIRECTORS OF ORANGE COUNTY SANITATION DISTRICT DOES HEREBY RESOLVE, DETERMINE AND ORDER: Section 1: This Board finds that: 1 512757.I I Sl'.!757.l A. All owners of an interest in the fee title to the property described in the Petition for Assessment attached hereto, have executed and filed said petition requesting this Board to levy assessment installments in lieu of the payment of sewer system Capital Facilities Capacity Charges ("CFCCs") and Annexation Fees which ordinarily would be due and payable prior to, or at the time of, connecting such premises to the sewer system. B. Such premises are or were served by a private sewer system consisting of a septic tank and leach field system that was or will be abandoned at the time of the connection of the premises to the sewer system. C. Levying assessment installments in lieu of payment of sewer system CFCCs and Annexation Fees for such premises, either individually or in combination with other premises similarly connected to the sewer system will not seriously compromise the District's ability to fund any anticipated expansion of the sewer system. D. The total amount of the sewer system Capital Facilities Capacity Charges and Annexation Fees that have or become due and payable at the time of connecting such premises to the sewer system is set forth in the Petition for Assessment. E. In accordance with the provision of Ordinance No. OCSD-26 and the Board's Policy, assessments in lieu of the payment of sewer system Capital Facilities Capacity Charges and Annexation Fees shall be and are hereby levied against such premises in five installments during the years and in the amounts provided for in the schedule of assessment installments also as set forth in the Petition for Assessment, subject to the condition that the premises must be connected to the local sewer system within three (3) years from the time the sewer line is installed. F. The Board Secretary is directed to canvas a copy of this Resolution to be served on each owner of an interest in the fee total to such premises, to execute an affidavit or declaration attesting to such service after completing same, and to transmit a certified copy of this resolution and such affidavit or declaration to the Finance Director/Treasurer. G. Upon receipt of a certified copy of this Resolution, the Finance Director/Treasurer is directed to attach the affidavit or declaration attesting to the service of this resolution in the manner provided for herein to the certified copy of the resolution and to cause such documents to be recorded in the official records of the County of Orange, and the Finance Director/Treasurer is further directed to transmit the Resolution to the County of Orange Auditor-Controller with a request that the assessment installments levied hereby and set forth herein be added to the County tax rolls at the time and in the manner provided for herein. 2 H. After recordation of a certified copy of this Resolution in the manner provided for herein, the assessment installments levied by this Resolution shall become a lien on the premises as described in the Petition for Assessment, which shall have the priority and effect of an assessment lien as provided for in Article 13, Chapter 4, Part 1, Division 2, Title 5 of the California Government Code (commencing with Section 53930) or any other law of the State of California applicable to assessment liens levied by a county sanitation district. I. After transmittal of a certified copy of this Resolution to the County of Orange Auditor-Controller in the manner provided for herein, the assessment installments levied by this Resolution shall be payable in the same manner and at the same time as general taxes of the County of Orange on real property are payable, and such assessment installments and all interest therein shall become delinquent at the same time and bear the same proportional penalty and interest after delinquency as do the general taxes of the County of Orange on real property. Section 2: This Resolution shall become effective immediately upon adoption. PASSED AND ADOPTED at a regular meeting of the Board of Directors held June 28, 2006. ,'\ . . ...._ • r \, .'· •' > £t::;. .z;J;L,;,,,;/'.7. ·-· ', Chair .. ·; ._, r....:._, ', ../ , I 1 • ATTEST: 3 51~757.1