HomeMy WebLinkAboutRESO 5071.. •
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ORIGINAL ·
RESOLUTION N0._.5071 _
A RESOLUTION REQUIRING PAYMENT OF A SPECIAL SEWERAGE
CONNECTION CHARGE, IN ADDITION TO OTHER CONNECTION CHARGE<;,
FOR PROPERTIES BENEFITED BY A SEWER WHICH HAVE NOT PARTICI-
PATED IN PAYING THE COST THEREOF, AND ESTABLISHING
PROCEDURES FOR PAYMENT
RESOLVED, by the Council of the City of Palo Alto, California
WHEREAS, certain real properties benefited by the sanitary sewerage
system and related-facilities of the City of Palo Alto which have not
participated in paying the cost of constructing such sewer either by
private financing or special assessment and bond proceedings. are in need
of sanitary sewerage service, and the owners of said properties now or may
hereafter desire to have such service; and
WHEREAS, pursuant to Section 12.20.010 of the Palo Alto Municipal
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Code; the Council is authorized to-establish by resolution, rules and
regulations governing utility ser~iccs, including sewers, and the fees
and charges therefor.
NOW, THEREFORE, IT IS ORDERED as follows:
1. Rates. A special charge for the privilege of connecting to
the sanitary sewerage system of the City is herp~y duly established.
Said charge is payable by the owner of any parcel of property fronting
on a sanitary sewer (herein called "the Facility11 ) which is not now connected
to the sanitary sewerage system of the City and which did not participate
in the cost of coristruction of the Facility, either by special assessment
proceedings, private firiancin(J by develooers or otherwise. Paymf:n~ of
City ad valorem taxes or other general charges related to the City sewer
system shall not be deemed to be participation in the cost of the Facility.
2. Amount. Said charge shall be computed in e~ch case by the
Director of Public Works and shall be based on the amount whi:h would
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have been payable by said parcel if it had participated in the
financing of the Facility at tne ti~e of its construction, plus
the fees and costs identified in Section 8.
3. Collection of Connection Charges. Said charge shall be
payable in cash at or p~ior to connection or $25. cash and the
balance paid in equal annual installments over a period of not
to exceed fifteen (15) years, at the option of the owner.
4. Installments--Interest Payable. In the event that said
connection charges become payable in installments, the unpaid
balance of such charges shall bear annual interest at the net
effective interest rate then being paid on bonds issued and sold
fur the construct~on of the Facility. If no such bonds have been
issued, the interest rate shall be seven and one-half percent
(7-1/2%).
5. Billing and Payment. Bills for installments of principal
and interest shall be sent by the City Controller to the owner of
record annually between January 1 and January 31. Said bills shall
cover the ensuing calendar year providing the first bill shall
include the pro-rated portion of the preceding year from date of
connection to December 31. Principal balances unpaid after June
30 shall bear accrued additional interest charges of one percent
(1%) per month until paid.
6. Period of Payment. The installment period shall be
determined with reference to the principal amount of said charge,
as follows:
Principal Amount of Charge
$ 50 499
500 1,499
1,500 up
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Payment Period
5 years
10 years
15 years
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7. Promissory Note. The obligation to pay the charge shall
be evidenced by a promissory note secured by a deed of trust, executed
by the property owner desiring connection as trustor. Said deed of trust
shall be in standard form customarily used in real estate transactions,
and shall, i11111ediately upon execution, be recorded in the office of the
County Recorder of Sant,1 Clara County, Californh. Tn the event of stile
or transfer of said property, the unpaid balance of promissory note shall
become due and payable from proceeds of escrow.
8. Costs. All costs, including documentary stamo transfer
taxes, recordation costs, and costs necessary or convenient in executing
a deed of trust dnd administering same by a disinterested trustee, shall
be included in the amount of the charge.
9. Documents. In the event that connection charges shall
become payable in installments, the Director of Public Works will
transmit to the City Controller a statement showing the computation of
the principal amoun~ to be collected in instal lrnents. : copies of the promissory
note and deed of trust.and such other information necessary to initiate
bi 11 i ng.
10. The special charge herein provided for shall be in addition to
and not excuse the payment of, all other charges duly established by the
City in connection with or related to its sanitary sewerage and sewage
disposal systen.
I hereby certify that the foregoing is a full~ true, and correct
copy of a resolution duly passed and adopted by the Council. of the City of
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Palo Alto, California, at a meeting thereof held on the 1..1.tlLday of
March , 1975, b_v the following vote of tie members thereof: ___ ;.,_ ___ _
AYES, and in favor thereof, Councilmen:Beahrs, Berwald, Clay, Comstock,
Henderson, Norton, Pearson, Rosenbaum, Sher
NOES, Councilmen: None
ASSENT, CouncilmenNone
APPROVED:
~vSL. Mayor __ _
APPROVED:
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