HomeMy WebLinkAboutOCSD 06-24RESOLUTION NO. OCSD 06-24
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 INCIDENTAL TO THE
CONNECTION OF ASSESSOR'S PARCEL NO. 503-301-04 and 502-232-
06 TO THE SEWER SYSTEM.
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WHEREAS, in accordance with the provisions of Ordinance No. OCSD-308, 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 which
ordinarily would be due and payable 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-308.
NOW, THEREFORE, THE BOARD OF DIRECTORS OF ORANGE COUNTY
SANITATION DISTRICT DOES HEREBY RESOLVE, DETERMINE AND ORDER:
Section 1: This Board finds that:
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 CFCCs which ordinarily would be due and
payable at the time of connecting such premises to the sewer system; and;
and
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; and
C. Levying assessment installments in lieu of payment of sewer system
CFCCs 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.
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D. The total amount of the sewer system Capital Facilities Capacity Charges
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-308,
assessments in lieu of the payment of sewer system Capital Facilities
Capacity Charges 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.
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 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.
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 33, Chapter 4, Part 1, Division 2, Title 5 of the
California Government Code (commencing with Section 52930) 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.
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Section 2: This Resolution shall become effective immediately upon adoption.
PASSED AND ADOPTED at a regular meeting of the Board of Directors held
September 27, 2006.
ATTEST:
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