HomeMy WebLinkAboutOCSD 10-08RESOLUTION NO. OCSD 10-08
AUTHORIZING A PAYMENT DEFERRAL OPTION OF CAPITAL
FACILITY CAPACITY CHARGES THROUGH JUNE 30. 2011 FOR
CERTAIN LARGE DEVELOPMENT PROJECTS
A RESOLUTION OF THE BOARD OF DIRECTORS OF THE ORANGE
COUNTY SANITATION DISTRICT DEFERRING THE COLLECTION OF
CAPITAL FACILITY CAPACITY CHARGES THROUGH JUNE 30, 2011
FOR CERTAIN LARGE DEVELOPMENT PROJECTS
The Board of Directors of the Orange County Sanitation District does hereby find:
A. The Board of Directors of the Orange County Sanitation District ("OCSD")
has previously adopted Ordinance No. OCSD-40 which, among other actions,
establishes Capital Facilities Capacity Charges to be imposed when properties either
newly-connect to the OCSD's system, or expand the use of the property previously
connected to OCSD; which Ordinance is presently in full force and effect.
B. The OCSD Board of Directors has also established agreements with the
local sewer service providers within its service area to establish a practice in which: the
local sewer service provider collects OCSD's Capital Facilities Capacity Charge on
behalf of OCSD at the time it issues a local sewer service connection permit and collects
its own local sewer service connection fees; and monthly remits payment of such OCSD
Capital Facilities Capacity Charge to OCSD less five percent retention for administrative
costs.
C. Some local sewer service providers within OCSD's service area have
informed OCSD that they intend to defer collection of local sewer service connection
fees for certain projects within their service areas until a time subsequent to the local
sewer service provider's issuance of a local sewer service connection permit.
NOW, THEREFORE, the Board of Directors of Orange County Sanitation District,
DOES HEREBY RESOLVE, DETERMINE, AND ORDER:
Section 1: That, except as provided in Section 2 herein, Capital Facilities
Capacity Charges greater than $30,000 which are paid to OCSD through a third-party
local sewer service provider shall be, and hereby are, deferred to the same extent and to
the same time as the local sewer service connection fee charged by said third-party local
sewer service provider.
Section 2: That, in addition to any other obligation of a local sewer service
provider to OCSD by law or contract, each local sewer service provider deferring the
payment of any local sewer service connection fee within its service area, must provide
a list of any fee deferrals as part of its monthly reporting of remitted Capital Facilities
Capacity Charges to OCSD. In addition, any local sewer service provider having
adopted, or which does adopt prior to June 30, 2011, written criteria for the evaluation of
potential local sewer service fee deferrals shall, concurrently with its next monthly report
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to OCSD, or with the next monthly report after said adoption as the case may be, submit
a copy of said written criteria to OCSD with its monthly report. The requirements of this
section are a precondition to the operation of Section 1 as to each local sewer service
provider.
Section 3: That the OCSD Director of Finance is hereby granted discretion
and authority to defer Capital Facilities Capacity Charges greater than $30,000 which
are paid directly to OCSD (such as in unincorporated Orange County), subject to
requirements of Section 5 hereof.
Section 4: That the Board of Directors of Orange County Sanitation District
shall review the effect on OCSD of this Resolution prior to June 30, 2011.
Section 5: That all OCSD Capital Facilities Capacity Charges deferred
pursuant to this Resolution are due and payable at the time the corresponding local
sewer service connection fee is paid or on June 30, 2011, whichever date is earliest in
time.
Section 6: That the General Manager, or his designee, be, and is hereby
authorized and directed, to execute any necessary documents or agreements to effect
the orders set forth in Sections 1 through 5 herein.
PASSED AND ADOPTED at a regular meeting held June 23, 2010.
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