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HomeMy WebLinkAbout1961-06-23 - Resolution No. 041RESOLUTI0;1 RE SEt4ER SERVICE NO, 41 RESOLVED: That the policy of the Yorba Linda County Water District with respect to sanitary sewer line construction is as follows: I. This follcwing charge.- shall 'be collected from all properties within the District desiring tc acnneat to or participate in a sewer systems (1) SZY:,X ; g&TT U. A charge determined by multiplying the area (calculated to the nea.reut square foot including that portion of the property shown on the deed thereto which is in streets) by the rate of $300.00 per acre or $0.00688705 per square foot, with a minimum of $$0.00 for using trunk line and principal latera facil.ittes. (2) CHU!RaE. A charge equal to the wimber of service connections installed times the average cost of a service connection made in the last ten tracts. The average cost as used herein shall be determined by dividing the number of service connections made to sewers 8 inches in diameter which are not trunks, sub trunks or principal laterals into the total cost, including construction and engineering of same, if one of the following conditions apply: (a) The property has not paid for an 8-inch line across the front of the property. (b) The property has paid for an 8-inch or larger line across the front of the property and it is a trunk, sub trunk, or principal lateral sewer and has or will enter into a refund agreement with the District for same. II. With respect to refunds to persons constructing portions of the sewer system and offering them to the District as part of the Master Plan of Sewer Maine and Appurtenances for our District, the follading policy is adopted: (1) All property desiring sanitary sewer service will have the above charges aalculated and this amount shall then be deducted from the total calculated cost of trunk lines, principal, laterals, pump stations, and other facilities constructed with prior District approval. If the cost of the trunks, principal, laterals, pump stations, etc., exceed the charges in paragraphs 1 and 2, then such amount is subject to a refund contract between the District and the parson waking such improvements; if charges in paragraphs 1 and 2 are greater, then such amount, shall be paid by the subdivider to she District. All items must be verified to the satisfactton of the District. -1- The refund contract shall generally provide that all other properties in the same drainage area shell be treated the same excepting therefrom the prior- ity of payment Loo the original builder only of trunk facilities and any service charges Clol'ected from properties later connecting to the sewer facilities shall be a,v'i".Able for payment to those entitled to refunds pursuant to their contracts. RePinds shall be paid annually from service charges collected, without interest, as follows! J-11 refLuie.s shah be divided proportionately between all persons within a drainage are" a::t.tled thereto, except that all parties shall be subject to the priority provision of the contract with the original builder. The refund contract shall generally provide as follows respecting calculation of refundu and priority of payments "Any such refunds shall be calculated or determined as of December 1st of each year and refunds shall be paid on or before the following December 31st in accorda.neR with the following provisions hereofs (a) On or before the 31st day of December neat following the date hereof. 10%, of any refundable funds shall be paid to the original builder of a portion of the trunk system for the drainage area and 90;% of any refundable sums shall be paid proportionately to all parties entitled thereto, including the party receiving said 10%. (b) On or before the second 31st day of December after the date hereof, 206 of any refundable funds shall be paid to the original builder of a portion of the trunk system for the drainage area and 80% of any refundable sums shall be paid proportionately to all parties entitled thereto, including the party receiving said 20%. (c) On or before the third 31st day of December after the date hereof. 30% of ar3r refundable funds shall be paid to the original builder of a portion of the trunk system for the drainage area and 70% of any refundable sums shall be paid proportionately to all parties entitled? thereto, including the party receiving said 30;x. (d) On or before the fourth 31st day of December after the date hereof, 40% of arq refundable funds shall be paie. to the original builder of a portion of the trunk eyetem for the drainage area and 60% of any refundable sums shall be paid proportionately to all partied entitled thereto, including the party receiving said 40%. -2• l~ ~ R `t y (m) On or before the fifth 31st day of December after the date hereof, 504, of any refundable funds shall be paid to the original builder of a portlon of the trunk system for the drainage area and 50% of any refundable sums shall be paid proportionately to all parties entitled thereto, including the party receive ing said fire' ` 50- (f) On or before the sixth 31st day of December after the date hereof, 600 of any refundable f'unde shall be paid to the original builder of a portion of the trunk eyetem %'i.,orthe drainage area and 40% of any refundable sums shall be paid proportionately to all parties entitled thereto, including the party receiving said 60%. (g) On or before the seventh 31st day of December after the date hereof, 70% of any refundable funds shall be paid to the original builder of a portion of the trunk system for the drainage area and 300 of any refundable sums shall be paid proportionately to all parties entitled theretoo including the party receiving said 70%. (h) On or before the eighth 31st day of December after the date hereof, 800 of any refundable funds shall be paid to the original builder of a portion of the trunk system for the drainage area and 200 of any refundable sums shall be paid proportionately to all parties entitled thereto, including the party receiving eaid 800. (1) On or before the ninth 31st day of December after the date hereof, 90% of any refundable funds shall be paid to the original builder of a portion of the trunk system for the drainage area and 100 of any refundable sums shall be paid proportionately to all parties entitled thereto, including the party receiving said 900. (J) On or before the tenth 31st day of December after the date hereof, 100% of any refundable funds shall be paid to the original builder of a portion of the trunk system for the drainage area and no other person, firm or corporation shall be entitled to receive any part thereof. The termer proportionately or proportionatef as used in the foregoing pro- visions hereof shall be deemed to mean that the sums available for refund shall be divided proportionately among all parties that are oligible for refunds in the proportion that the unpaid balance due to each of them beare to the total unpaid balance to be repaid. _3_ When, as and if any person, firm or corporation has received all of the refunds to which hA, they or it are entitled, or at the expiration of ten (10) years from the date hereof, no further sums shall be due or payable hereunder, There is no obl.igati.ou on the part of the District to make any refunds until connections are made to tha line being installed. District agrees to charge and collect from thoss making connections not less than the amount fixed by the Board of Diraclvor3 of District and in effect as of the date of this Was- me-at. If District; fails to charge and collect such sums and connections to said line are me-is, District agrees to itself make equivalent reimbursement." III. With respect to the construction of sewer facilities to which the above referred to Refund Agreement is to apply, the following policy is adopted$ (1) Builder is to provide the required number of drawings showing streets, line locations and line sizes, and said drawings shall be marked exhibit "A". (2) Builder shall obtain and submit to District at least three (3) bids from contractors covering the proposed construction. (3) Builder is to furnish to the District a detailed statement of all expenditures made by Builder in connection with the installation of the mains and appurtenances. Said statement shall be in such form as to readily enable the District to segregate the expenditures for engineering, legal, contract cost, and overhead. Said overhead shall not exceed 5% of total cost (including engineering, legal, and contract cost). The policies set forth herein shall be carried out by the General Managers who is authorized to submit contracts implementing this program, to the Board of Directors of this District after approval by the Districts Attorneys. -tl~+