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HomeMy WebLinkAbout1964-02-26 - Resolution No. 100r t ` RESOLUTION NO. 100 RESOLUTION OF THE YORBA LINDA COUNTY WATER DISTRICT PROVIDING FOR SANITARY SEWER SERVICE THROUGH ON-SITE LATERAL SEWER MAINS WHEREAS, applications for sanitary sewer service have been and will be received by the District which will require the installation of on-site lateral sewer mains which can provide sanitary sewer service to property in addition to the property described in such applications; and WHEREAS, the Yorba Linda County Water District desires to provide sanitary sewer service to such applicants; and WHEREAS, the Rules and Regulations of the District with regard to the provision of sanitary sewer service do not contain a specific and equitable method for the provision of such service; NOW, THEREFORE, BE IT RESOLVED that the Rules and Regulations of the District with regard to the provision of sanitary sewer service are amended to provide as follows: I. All property within the District for which application is made for sanitary sewer service from an on-site-, " lateral sewer main, which main can provide sanitary sewer service to property in addition to the property described in the application for such sanitary sewer service shall pay the following charges: A. Service Charge: A charge as determined elsewhere in the Rules and Regulations of the District. B. Records and Overhead Charge: A charge as determin- ed elsewhere in the Rules and Regulations of the District. C. House Connection Inspection Charge: A charge as determined elsewhere in the Rules and Regulations of the District. -1- • Frontage Charge: A charge equal to the "final cost of installation of the on-site lateral sewer main," as defined in Sec. II-D hereof, divided by the "probable number of service connections to the on- site lateral sewer main," as determined in Sec. III-C hereof, but not less than the frontage charge as provided by District Resolution No. 41, as amended from time to time. All applicants who desire sanitary sewer service to proper- ty within the District and who must construct, at the expense of applicant, on-site lateral sewer mains which can provide sanitary sewer service to property in addi- tion to that property described in the application for sanitary sewer service to such property, shall enter into an agreement with the District which provides as follows: A. That applicant shall have installed, in accordance with the Rules and Regulations, Standard Plans, and Specifications of the District, those sanitary sewer facilities required to provide service to the property described in such application. B. That the cost of said installation shall be paid by the applicant, and shall include the cost of engineer- ing, the sewer contractor's invoice cost, the land acquisition and legal cost, and the plan check and inspection charges paid by applicant in connection with said installation. C. That the applicant shall report such cost of said installation to the District in a form approved by the District, and all items of such cost of installa- tion thus reported shall be supported by invoices or statements verified to the satisfaction of the -2- t i District. D. That the "final cost of installation of the on-site lateral sewer main" shall be the cost of said installation as verified by the District plus an allowance for the overhead of the applicant as deter- mined by the Board of Directors of the District, but not to exceed 15% of the cost of said construction. E. That the applicant shall transfer title of said sanitary sewer facilities to the District in accord- ance with the Rules and Regulations of the District. III. In the event the cost of said installation exceeds the Frontage Charge, said excess amount shall be subject to a refund contract between the District and the applicant. The refund contract shall provide as follows: A. That the District shall collect frontage charges from all properties later connecting to said on-site later- al sewer main, and said frontage charges shall be paid to those parties entitled to refunds pursuant to this resolution. ^ B. That such refunds shall be paid from the frontage charges collected by the District,. without interest; and that if the District fails to charge and collect said sums, the District shall make such refunds from other District funds. C. That the District shall calculate and determine the amount of such refund as follows: 1. The District shall determine the probable number of service connections which will be made to the on-site lateral sewer main. This number shall not include those connections which, though possible, are doubtful at the time of application. -3- 2. In the event the actual number of service con- nections to said on-site lateral sewer main exceeds such probable number of service connec- tions to said on-site lateral sewer main, the frontage charge shall be determined by the follow- ing formula: F = T t N Where: F is the Frontage Charge T is the-total cost of installation N is the actual number of service connections including the connection for which the frontage charge is to be deter- mined. 3. All sums collected with respect to a particular on-site lateral sewer main shall be paid only to the first applicant who was required to con- struct said on-site lateral sewer main until such time as all of such refunds to which said applicant is entitled hereunder have been paid. 4. All right to such refunds, and all duty of the district to collect such frortage charges with which to pay such refunds hereunder shall termin- ate on a date ten (10) years after the date on which such refund contract is fully executed. D. In the event the actual number of service connections to said on-site lateral sewer main exceeds the probable number of service connections to said on-site lateral sewer main, refunds shall be made as follows: 1. The amount of refund shall be determined in accordance with the following formula: -4 - R = F s (N-1) Where: R is the amount of the refund per connection t is the frontage charge N is the actual number of service connections including the connection for which the frontage charge was collected. 2. Such refund shall be made to the applicant who had installed the on-site lateral sewer main, for the property owned at the time of installa- tion, and refund shall be made to the owner of the real property at the time of refund for any other real property which obtained sanitary sewer service from said on-site lateral sewer main after the time of installation. IV. The term "on-site lateral sewer main", as used in this resolution, shall mean a sewer main that has not been established by the District as a trunk sewer, subtrunk sewer, or principal lateral sewer main. ADOPTED, SIGNED, and APPROVED this o20` day of f e_6t-c.ar,_ , 1964. Secretary 6f the Yorba Linda County Water District and of the Board of Directors thereof. -5-