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RESOLUTION NO. OCSD 07-26
A RESOLUTION OF THE BOARD OF DIRECTORS OF THE ORANGE
COUNTY SANITATION DISTRICT AUTHORIZING THE GENERAL
MANAGER TO APPROVE AGREEMENTS WITH CUSTOMERS LEVYING
ASSESSMENT INSTALLMENTS IN LIEU OF THE PAYMENT OF SEWER
SYSTEM ANNEXATION FEES AND CAPITAL FACILITIES CAPACITY
CHARGES INCIDENTAL TO THE CONNECTION OF ASSESSOR'S
PARCELS TO THE SEWER SYSTEM.
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WHEREAS, in accordance with the provisions of the current ordinance
establishing Annexation Fees and Capital Facilities Charges, owners of properties
located in the District's service area, which are being connected to the sewer system,
may file a petition requesting OCSD to levy assessment installments in lieu of the
payment of the sewer system Annexation Fees and/or Capital Facilities Capacity
Charges which ordinarily would be due and payable at the time of connecting such
property to the sewer system ("Petition for Assessment"); and,
WHEREAS, this Board now desires to delegate to the OCSD General Manager
the authority to grant such Petitions for Assessment and, by agreement, cause
assessment installments to be levied in lieu of payment of sewer system Annexation
Fees and Capital Facilities Capacity Charges in the manner provided for by OCSD's
current ordinance.
NOW, THEREFORE, THE BOARD OF DIRECTORS OF ORANGE COUNTY
SANITATION DISTRICT DOES HEREBY RESOLVE, DETERMINE AND ORDER:
Section 1: This Board finds that:
A. Agreeing to levy assessment installments in lieu of payment of sewer system
Annexation Fees and CFCCs, 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.
B. Agreeing to levy assessment installments in lieu of payment of sewer system
Annexation Fees and CFCCs, either individually or in combination with other
premises similarly connected to the sewer system, will further OCSD's public
purpose by facilitating the extension of OCSD's sewer system to existing
private sewer systems such as septic tank and leach field systems.
C. The total amount of the sewer system Annexation Fees and Capital Facilities
Capacity Charges that have or become due and payable at the
time of connecting to the sewer system shall be set forth in the Petition for
Assessment.
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D. Consistent with the provisions of OCSD's ordinances, assessments in lieu of
the payment of sewer system Annexation Fees and Capital Facilities
Capacity Charges may be levied in installments during the years and in the
amounts established by OCSD's General Manager.
E. The General Manager shall establish the terms of such installments by
written agreement ("Agreement") and, in making such determination, shall
take into consideration, but shall not be bound by, the schedule of
assessment installments as set forth in the Petition for Assessment.
F. The Clerk of the Board is directed to canvas a copy of the Agreement to be
served on each owner of an interest in the fee total to the premises described
in the Petition for Assessment, to execute an affidavit or declaration attesting
to such service after completing same, and to transmit a certified copy of the
Agreement and such affidavit or declaration to the Finance
Di rector IT reasu rer.
G. Upon receipt of a certified copy of the Agreement, the Finance
Director/Treasurer is directed to attach the affidavit or declaration attesting to
the service of the Agreement in the manner provided for herein 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 Agreement 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 the Agreement in the manner provided
for herein, the assessment installments described in the Agreement 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 the Agreement to the County of Orange
Auditor-Controller in the manner provided for herein, the assessment
installments established in the Agreement 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
December 19, 2007.
ATTEST:
H:\dept\gmo\150\151\BS\Resolutions\2007\07-26.GM Levying Assessment Installment.doc
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