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HomeMy WebLinkAboutOrdinance No. 206 ORDINANCE NO. 206 AN ORDINANCE OF COUNTY SANITATION DISTRICT NO. 2 OF ORANGE COUNTY, CALIFORNIA, ESTABLISHING SEPARATE SERVICE AREA ZONES AND ESTABLISHING A SCHEDULE OF CONNECTION CHARGES AND SEWER USE CHARGES FOR THE USE OF DISTRICT SEWERAGE FACILITIES BY PROPERTIES LOCATED OUTSIDE THE PRESENT DISTRICT BOUNDARIES WHEREAS, there exists considerable real property located outside the District boundaries, but which has a natural drainage into District No. 2 and District No. 7; and WHEREAS, this District and District No. 7 have presently filed a petition (known as Reorganization No. 65) with the County of Orange Local Agency Formation Commission to form a new County Sanitation District No. 13 , and to provide for an exchange of certain parcels of real property between Districts Nos. 2, 7, and 13; and WHEREAS, County Sanitation Districts Nos. 1 , 2 , 3 , 5, 6 , 7 , and 11 of Orange County, California are organized to operate pursuant to a Joint Administrative Organization Agreement, which provides for the joint ownership of sewage treatment works, ocean outfall and related facilities; and WHEREAS, the Joint Administrative Organization has approved of District No. 13 joining as a member agency upon the approval of the formation of said District, provided that District No. 13 is able to meet certain financial obligations, including the purchase of a pro rata share of the existing and future capital facilities, and to pay its annual share of the costs of operation and maintenance of the joint facilities; and WHEREAS, the District No, 2 Board of Directors has received 1 an engineering report on the subject of all applicable costs for the formation of District No. 13; and WHEREAS, the Board of Directors has determined that certain properties that will eventually be located in District No. 13 , will be requesting sewer service prior to formation, which service can be provided by District No. 2; and WHEREAS, California Health & Safety Code Section 5471 authorizes a County Sanitation District to establish charges for service and facilities furnished by it to properties located within or without its territorial limits. NOW, THEREFORE, the Board of Directors of County Sanitation District No. 2 of Orange County, California, does hereby ORDAIN as follows: Section 1: District agrees that it shall provide or cause to be provided by other Sanitation Districts who are members of the Joint Administrative Organization, sewer service to all that certain territory to be included in County Sanitation District No. 13 upon its formation, which is particularly legally described in the pending petition for formation with the County of Orange , and the Orange County Local Agency Formation Commission and as shown on Exhibit "A", attached hereto and incorporated herein by reference. Section Z: The territory ultimately to be located outside the Districts Nos. 2 and 7 boundaries and within new District No. 13, as described in Section 1, is divided into three (3) separate zones for purposes of regulation of sewage facility use. Said zones are established as Zones A. B and C, and the boundaries of each are set forth on Exhibit "A" of this Ordinance. 2 Section 3.: Ordinance No. 205 of County Sanitation District No. 2, and any amendments thereto, hereinafter enacted, shall, except for Section 702 thereof, be applicable to all territory as described in Section 1 . Section 4: Connection Fees. Before any connection permit shall be issued, the applicant shall pay to the District, or its agent, the charges specified as follows: Zone B: (1) Connection charge for new construction: For each new dwelling unit constructed, the connection charge shall be $220 .00 per dwelling unit. (2) Connection charge for existing dwelling buildings: For the connection of each existing dwelling unit, the connection charge shall be $220.00 per dwelling unit. (3) Connection charge for new construction and existing structures, other than dwelling buildings : For all other new construction, including but not limited to, commercial and industrial buildings, hotels and motels and public buildings, the connection charge shall be $45.00 per 1,000 square feet of floor area contained within such construction, provided that the minimum connection charge for such new construction shall be $220.00. (4) Connection charge for replacement buildings: For new construction replacing former buildings, the connection charge shall be calculated on the same basis as provided in Paragraphs ( 1) and (3) above. if such replacement construction is commenced within two years after demolition or 3 construction of the former building, a credit against such charge shall be allowed and shall be the equivalent connection charge for the building being demolished or destroyed, calculated on the basis of current charges for new construction. In no case shall such credit exceed the connection charges. (5) Connection charges for additions or alterations of existing buildings : In the case of structures where further new construction or alteration is made to increase the occupancy of dwelling buildings, the connection charge shall be $220.00 for each dwelling unit added or created, and, in the case of new construction other than family dwelling buildings, it shall be $45.00 per 1 ,000 square feet of additional floor area contained within such new construction, provided such new construction shall contain additional fixture units. Zone &: ( 1) Connection charge for new construction: For each new dwelling unit constructed, the connection charge shall be $1,250 .00 per dwelling unit. (2) Connection charge for existing dwelling buildings: For the connection of each existing dwelling unit, the connection charge shall be $1 ,250 .00 per dwelling unit. (3) Connection charge for new construction and existing structures, other than dwelling buildings: For all other new construction, including but not limited to, commercial and industrial buildings, hotels and motels and public buildings, the connection charge shall be $250.00 per 1 ,000 square feet of floor area contained within such 4 construction, provided that the minimum connection charge for such new construction shall be $1,250 ,00, (4) Connection charge for replacement buildings: For new construction replacing former buildings, the connection charge shall be calculated on the same basis as provided in Paragraphs (1) and (3) above. If such replacement construction is commenced within two years after demolition or destruction of the former building, a credit against such charge shall be allowed and shall be the equivalent connection charge for the building being demolished or destroyed, calculated on the basis of current charges for new construction. In no case shall such credit exceed the connection charges. (5) Connection charges for additions or alterations of existing buildings: In the case of structures where further new construction or alteration is made to increase the occupancy of dwelling buildings or the area of buildings to be used for other than dwelling buildings, the connection charge shall be $1,250.00 for each dwelling unit added or created, and, in the case of new construction other than family dwelling buildings, it shall be $250.00 per 1,000 square feet of additional floor area contained within such new construction, provided such new construction shall contain additional fixture units. Zone f—: (1) Connection charge for new construction: For each new dwelling unit constructed, the connection charge shall be $1,500 .00 per dwelling unit. 5 (2) Connection charge for existing dwelling buildings: For the connection of each existing dwelling unit, the connection charge shall be $1,500.00 per dwelling unit. (3) Connection charge for new construction and existing structures, other than dwelling buildings : For all other new construction, including but not limited to, commercial and industrial buildings, hotels and motels and public buildings, the connection charge shall be $300.00 per 1,000 square feet of floor area contained within such construction, provided that the minimum connection charge for such new construction shall be $1,500.00. (4) Connection charge for replacement buildings : For new construction replacing former buildings, the connection charge shall be calculated on the same basis as provided in Paragraphs (1) and (3) above. If such replacement construction is commenced within two years after demolition or destruction of the former building, a credit against such charge shall be allowed and shall be the equivalent connection charge for the building being demolished or destroyed, calculated on the basis of current charges for new construction. In no case shall such credit exceed the connection charges. (5) Connection charges for additions or alterations of existing buildings: In the case of structures where further new construction or alteration is made to increase the occupancy of dwelling buildings or the area of buildings to be used for other than dwelling buildings, the connection charge shall be $1,500.00 for each dwelling unit added or created, and in the case of new 6 construction other than family dwelling buildings, it shall be $200.00 per 1,000 square feet of additional floor area contained within such new construction, provided such new construction shall contain additional fixture units. (6) In addition to the charges set forth in Paragraphs (1) through ( 5) inclusive, above, each applicant for a connection permit for property located in Zone A shall pay to District or its agent, an initial service fee in an amount equal to the annexation acreage fee that was in effect by the applicable District on the date application for annexation was made by the property owner or its representative. Section 5: Annual Sanitary Sewer Use Charge. A. Each parcel of real property located within the area described in Section 1 above, which is improved with structures designed for residential, commercial or industrial use and connected to the District's system, shall pay a sanitary sewer use charge in connection with the schedule set forth on Table A of this Ordinance. B. The sanitary sewer use charge shall be for the period commencing with the effective date of this Ordinance ending June 30, 1985. Section ¢,: The Secretary shall certify to the adoption of this Ordinance and shall cause the same to be published in a newspaper of general circulation in the District as required by law. 7 PASSED AND ADOPTED at a regular meeting of the Board of Directors this 8th day of August , 1984. airman ATTEST: Secretary (6.) �I 8 I TABLE B SANITARY SEWER USE FEES For those properties presently situated within the boundaries of County Sanitation Districts Nos. 2 and 7, which will be included in County Sanitation District No. 13 upon formation and for which the Districts receive no ad valorem property tax: $70.00 per year . For those properties not presently situated within the boundaries of any County Sanitation District of Orange County, California, which will be included in County Sanitation District No. 13 upon formation and for which the Districts receive no ad valorem property tax: $140 .00 per year. 9 STATE OF CALIFORNIA) ) SS. COUNTY OF ORANGE ) I, RITA J. BROWN, Secretary of the Board of Directors of County Sanitation District No. 2 of Orange County, California, do hereby certify that the above and foregoing Ordinance No. 206 was passed and adopted at a regular meeting of said Board on the Sth day of August, 1984, by the following vote, to wit: AYES: Directors Henry N. Wades, Chairman, Don Roth, Richard Buck, Sam Cooper, John C. Holmberg, Carol Kawanami, James Neal, Bob Perry and Don E. Smith NOES: None ABSTENTIONS: None ABSENT: Directors A. B. Catlin, Dan Griset and Roger Stanton IN WITNESS WHEREOF, I have hereunto set my hand this 8th day of August, 1984. Rita Secretary of the Board of Directors of County Sanitation District No. 2 of Orange County, California