Reso 1994-552RESOLUTION NO. 94 -552
A RESOLUTION OF THE BOARD OF DIREC'T'ORS OF THE COSTA MESA SANI-
TARY DISTRICT RELATING TO CONSTRUCTION OF SEWER LINES IN EXCESS
OF SERVICE NEEDED FOR A PARCEL; PROVIDING FOR REIMBURSEMENT TO
DEVELOPER FOR PROPORTIONATE SHARE OF SEWER LINES BENEFITING
OTHER PARCELS AND STATING REASONS THEREFOR.
THE BOARD OF DIRECTORS OF THE COSTA MESA SANITARY DISTRICT OF ORANGE COUNTY,.
CALIFORNIA DOES HEREBY RESOLVE AS FOLLOWS: That
WHEREAS, it may be necessary for sewer service to a parcel or parcels to
originate beyond adjoining facilities of the District; and
WHEREAS, the developer of such parcel or parcels may be required to provide
additional lines at developer expense to service such parcel or parcels; and
WHEREAS, it is fair and equitable that other parcels benefiting from such
additional service installed at the expense of the first developer be shared on a
pro rata basis by others who benefit from such construction;.
NOW, THEREFORE, BE IT RESOLVED:
THAT District may require sewer lines to be constructed by a developer of a
parcel or parcels at developer's expense to reach District facilities not immedi-
ately adjoining developer's parcel; and
THAT such sewer line construction may benefit other parcels which adjoin the
line constructed by developer; and
THAT such other parcels should not enjoy a windfall benefit and should share
in the cost expended to sewer the first parcel or parcels; and
THAT prior to allowing connection to District facilities developers of a
subsequent parcel or parcels shall be required to enter into a contract with Dis-
trict whereby such developer of subsequent parcel or parcels agrees to such devel-
oper's pro rata share of the original construction cost under terms and conditions
established by District; and
THAT upon receipt of said sum District shall forthwith remit said sum less
administrative costs to the initial developer having paid for the entire sewer line
benefiting all parcels; and
THAT all sums unpaid when due as agreed upon by said contract shall bear
interest at the rate of six (60) percent from the time due until paid; and
THAT the District Manager /Engineer shall prepare for Board approval a report
setting forth the total cost of said sewer line construction, the cost to District
for the administration of the contract, the number and location of parcels to be
served, the total of other District fees to be shared by all benefiting parcels,
and such other data that may be necessary for reimbursement required by THIS RESO-
LUTION; and
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THAT no reimbursement will be made beyond ten (10) years from the date of
the final approval of the project by the District Manager /Engineer; and
THAT no connection to any District facility affected by THIS RESOLUTION
shall be allowed until the provisions hereof shall have been fully complied with
and approved by the District Manager /Engineer.
ATTEST:
PASSED AND ADOPTED this day of , 1994.
*PsiMn t f the Board of Directors
o Mesa Sanitary District
l f' I - M
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STATE OF CALIFORNIA)
COUNTY OF ORANGE )SS
CITY OF COSTA MESA )
I, Florine T. Reichle, Assistant Manager /Clerk of the Costa
Mesa Sanitary District, hereby certify that the above and foregoing
Resolution No. q -,ys 2--, was duly and regularly passed and adopted
by said Board of Directors at a regular meeting thereof held on the
_day of _, 19.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed
the seal of the Costa Mesa Sanitary District, this 13th day of
Assist na t Manager/Clerk
Costa Mesa Sanitary District
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