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HomeMy WebLinkAboutOCSD-02 REP�ALED'BY OCSD-27 ORDINANCE NO. OCSD-02 AN ORDINANCE OF THE BOARD OF DIRECTORS OF ORANGE COUNTY SANITATION DISTRICT ESTABLISHING SPECIFIED REVENUE AREAS WITHIN THE DISTRICT WHEREAS, former County Sanitation Districts Nos. 1, 2, 3, 5, 6, 7, 11, 13 and 14 of Orange County, California (the"Predecessor Districts"), were nine individual county sanitation districts organized pursuant to the County Sanitation District Act (California Health & Safety Code Sections 4700 at seq.). By action of the Boards of Directors of the Predecessor Districts, pursuant to specific legislation enacted by the California State Legislature in 1996, an application was submitted to the Orange County Local Agency Formation Commission to legally consolidate the nine Predecessor Districts into one single sanitation district for all purposes. The application was approved, with an effective date of July 1, 1998. As of July 1, 1998, the Predecessor Districts cease to exist, and one single consolidated county sanitation district, known as the"Orange County Sanitation District" (the 'District"), comes into existence in place of the Predecessor Districts. The District is formed to carry on the functions, and by operation of law, succeeds to all of the rights, title and obligations of the Predecessor Districts; and, WHEREAS, each of the nine individual Predecessor Districts, pursuant to applicable provisions of state law, previously established various fees and charges applicable to the users of the District's wastewater collection, treatment, and disposal facilities system, and to certain properties within its respective jurisdictional boundaries. Said fees include sewer service user fees, connection charges, annexation fees, industrial source control permit fees and use charges, source control fees, administrative fees, noncompliance sampling fees, and miscellaneous charges. The various fees and charges within the respective jurisdictional boundaries of the nine individual Predecessor Districts, were established pursuant to the respective Ordinances of the individual Predecessor Districts, with the exception that certain of the fees and charges applicable to the properties within the jurisdictional boundaries of Predecessor District No. 14 were established by agreement between Predecessor District 14 and the Irvine Ranch Water District; and, WHEREAS, in order to continue to provide sanitary sewer services within the geographic regions whose boundaries are coextensive with the former jurisdictional boundaries of the Predecessor Districts, and thus preserve the public health and safety and preserve the environment without damage, it is necessary to establish, effective immediately, special revenue areas with respect to those geographic regions, in order that applicable fees and charges necessary for the provision of sanitary sewer services can be adopted and levied therein; and measro eaos> > 1 WHEREAS, the provisions of California Constitution Article MID require that any fees and charges related to the ownership of property must be submitted to and approved by a majority vote of the property owners, subject to the fee or charge, except for sewer or water service; and, WHEREAS, the provisions of California Constitution Article XIIID require that any fees and charges adopted by a government agency cannot exceed the amount required to provide the property-related service; be used for any other purpose for which imposed; and may not exceed the proportional cost of the service attributable to the property being charged; and, WHEREAS, the creation of separate geographical areas within the District will allow for the establishment of fees on the basis that is fully in compliance with the requirements of the State Constitution and statutory law; and WHEREAS, the District has established separate revenue areas based upon numerous factors, including but not limited to, geographical features, Predecessor Districts' boundaries, drainage areas, and costs of service, with the intention that fees and charges, including annexation fees, would continue at the same rate within a revenue area as existed in the Predecessor District, except to the extent of any individual adjustments based upon approved studies and reports; and, WHEREAS, the Board of Directors of District finds that the proposed special revenue areas will be benefited by the maintenance and operation of sanitary sewer facilities within the respective special revenue areas and that public interest and necessity demand the creation of the respective special revenue areas, because the provision of sanitary sewer service within the special revenue areas is essential to the preservation of the public health and safety, and the preservation of the environment, without damage; and, WHEREAS, that the adoption of this Ordinance is statutorily exempt under the California Environmental Quality Act from further environmental assessment pursuant to the provisions of California Public Resources Code Section 21080(b)(8), and 14 California Code of Regulations Section 15273(a). NOW, THEREFORE, the Board of Directors of Orange County Sanitation Districts does hereby ORDAIN: m seoa7 1 2 Section 1: That nine separate geographical revenue areas are hereby established within the District, and that the geographic boundaries of such special revenue areas shall be coextensive with the respective jurisdictional boundaries of the nine individual Predecessor Districts. The legal descriptions of the jurisdictional boundaries of the nine individual Predecessor Districts, now the legal descriptions of the jurisdictional boundaries of the nine special revenue areas established hereunder, are on file with the Board Secretary of the District. Maps depicting the geographic boundaries of the special revenue areas are attached hereto as Exhibits "A', "B", "C", D" "E' "F", "G', "H", and 1", and incorporated herein by reference. Section 2: That the intention is to permit the District to immediately re- establish, by Ordinance, fees and charges of the type previously levied within the nine Predecessor Districts, to apply within the nine special revenue areas, as though the nine Predecessor Districts continued to exist. Section 3: That the names of the nine special revenue areas shall be: "Revenue Area No. 1" "Revenue Area No. 2" "Revenue Area No. 3" "Revenue Area No. 5" "Revenue Area No. 6" "Revenue Area No. 7" "Revenue Area No. 11" "Revenue Area No. 13" "Revenue Area No. 14" Each revenue area number is to correspond to the number of the respective Predecessor District whose jurisdictional boundaries were coextensive with the geographic boundaries of the new revenue area by the same number. Section 4: This Ordinance is enacted as an urgency measure to take effective immediately in order to preserve the public health and safety by fulfilling the ongoing obligations of the Predecessor Districts, which, by operation of law, are now those of the District, with all legal rights and obligations being immediately transferred from the Predecessor Districts to the District- Section 5: This Ordinance shall take effect immediately upon adoption. mea3oo e 71 3 Section 6: The Secretary of the Board shall certify to the adoption of this Ordinance and shall cause a summary to be published in a newspaper of general circulation as required by law. PASSED AND ADOPTED by the affirmative vote of not less than twothirds of the Board of Directors of the Orange County Sanitation District at a Special Meeting held July 1, 1998. Chair, Board of Direct rs Orange County Sanitation District ATTE Secretary f he Boo of Directors Oran a County S�a,��anon District mas L. oodruff, Gene I Counsel 20W-3 o s 4 aa_� STATE OF CALIFORNIA ) )SS. COUNTY OF ORANGE ) I, PENNY KYLE, Secretary of the Board of Directors of Orange County Sanitation, do hereby certify that the above and foregoing Ordinance No. OCSD-02 was passed and adopted at a special meeting of said Board on the 1 st day of July, 1998, by the following vote, to wit: AYES: Burnie Dunlap, Chair; George Brown; John Collins; Jan Debay; Barry Danes; Harry Dotson; James M. Ferryman; Mark Leyes; Patsy Marshall; Pat McGuigan; Darryl Miller, Eva Miner-Bradford; Mark A. Murphy; Margie Rice; Thomas R. Saltarelli; Christina Shea; William G. Steiner, Dave Sullivan; Charles E. Sylvia NOES: None ABSENT: Steve Anderson; Don Bankhead; Norman Z. Eckenrode; John M. Gullixson; Anna L. Piercy; Bob Zemel IN WITNESS WHEREOF, I have hereunto set my hand this 1st day of July, 1998. Penny M. l#yIe Secretary of the Bo of Directors of Orange County Sanitation District H:%WP.DTAI MINM RDINANCE$kl BB810CS .CERTIFICATION.DOC EXHIBIT "A" MAP OF REVENUE AREA NO. 1 LOS ANGELES COUN-, H LA HABRA 4c 6 P AB EA3� �- ON w...v.nww YORBA 13 LACENTIA LINDA 9cF .j L'�` B 9s y� I LL .c I O� 0 UEiIA O PARK �o PALM .y ! e 9 I ANAHEIM VILLA O 10 ..uw CYPRESS PARK LOS ISTANTON w �LAMROS s11 $ e RANGE .> +I GARDEN 3 GRO STMINSTE v [[ TUS 11 p F SANFA ANA. FOUNTA [ i ei.w.. V; ALLEY � HUN NGT N OPACIFIC , ocEnN "' COST MESA IRVINE O S NBEACH BEACH I� 0 N COUNTY SANITATION DISTRICTS . .. . OF ORANGE COUNTY, CALIFORNIA SRVM-CLR.CDR CSDOC 1195 EXHIBIT"B" MAP OF REVENUE AREA NO. 2 LOS ANGELES COUNT �9h O 6 LA HABRA p Fqh y90, Br-EA CF.C� ....... ON YORSA Y$ fE LACENTIA LINDA a,..a..wll 2 I Sim BUENA oa �4a"Y PALM �.,LA mNA„RyK a vT I I NAHEIM JI .. J CLOS YPRESS . L A O LRK LAMITOS 3 STANTON VIPA RANQE �� y-`J •I GARDEN e, GRO i STMINSTEynwm..n SE i S 7 N Y ¢� ryYOixR 'I� it II SANA $� FVALLE , VALLEY F w�- HUNTINGT N i PACwc COST OCEAN MESA IRVINE f i 5 ' NEWPORT BEACH BEACH N COUNTY SANITATION DISTRICTS OF ORANGE COUNTY, CALIFORNIA SRVM-CLR.CDR CSDOC 1/95 EXHIBIT "C" MAP OF REVENUE AREA NO. 3 LOS TNG_LS COUN- q� ry LA HABRRA C-7d `tL aF'9H .. BREA � ,� ON e.. .w YORBA 13 LACENTIA LINDA 9c�, I :. L . 2 �e pUEIIA. PALM ,,.ml wAF.K roy re CYPRESSANAHEIM I VILLA O LOS ,_s; STANTON PARK ALAMITOS S - RANGE �3 :I 3 3 GARDEN GRO STMI SfE S 11 SAA I KI 14 8: mu .„VALLEY - I . HU NGT I I PACMIG ocEAn MESA IRVINE I a� O S NBEACH BEACH I N COUNTY SANITATION DISTRICTS OF ORANGE COUNTY, CALIFORNIA SRVM-CLFLCDR CSDOC 1,95 EXHIBIT "D" MAP OF REVENUE AREA NO. 5 L05 ANGELES COUNTY H LA HA BRA 4`' 09'42 6F9ry o� wB EA F23��G'L ero ON YORBA �3 W LACENTIA LINDA 9�F eul mol . ( o. `•e 2 1 �F �e LA �UEppNA PALM uPA...IK 1 ANAHEIM I VILLA O ... ro CYPRESS ° .: PARK LOS STANTON �A LAMROS a 1I O §I a RANGE a s �1 4 u.. rJ GARDEN e GRO 4 INSia..,.. vl.. I,n... O SANTq�WOKI US 14 ANA a FOUNTA HUN INGT N u . °9 J PACIFIC COST OCEAN MESA r IRVINE O g NEWPORT BEACH N COUNTY SANITATION DISTRICTS . .� OF ORANGE COUNTY, CALIFORNIA SRVM-CLR.CDR CSDOC 1/95 EXHIBIT"E" MAP OF REVENUE AREA NO. 6 LOS ANGELS COUNTY LA HABRA d C9aL eFq I 4 °FC �90 BREA .110 ".w... ON I .e...�...n.e \ORBA 13 LACENTIA LINDA 9ct,ee.. j 93i l e .erne wa 2In 1 o c I o Aej LA I UENA od PALM ' PAJK 8 y�� ANAHEIM \ a.u�s CYPRESS VILLA O L PARK �IALAMITOS cl STANTON ! RANGE GARDEN a GRO S STMINSTE� m n 7 a TUS NedrI O 11 Ei I sANA I. ...w. �4 FOUNT }/ALLEY 1 I t J HUNTINGT N I I € .e.w. � o PACIFIC OCEAN ,IdESA, a' IRVINE d 5 t NEWPORT BEACH I'�AIIn 0 N COUNTY SANITATION DISTRICTS . . . OF ORANGE COUNTY, CALIFORNIA SRVM•CLR.CDR CSDOC 1/95 EXHIBIT"F" MAP OF REVENUE AREA NO. 7 LOS ANGELES COUNTv H LA HABRA w8 EA re ON YORBA 13 LACENTIA LINDA 9<F «a 2 1 o C LA BUENA o boa' PALMA .jP.A«R.IK I VILLA O ANAHEIM a«aroI CYPRESS I PARK LAM 3� STANTON y RAN E GARDEN 3 r GRO S TMINSTEn na.".na..w ruS 7 s .n SANTp M 14 ANA . FOUNT � VALLEY ! NUN NGT N PACIFIC COST OCEAN MESA IRVINE I 5 ? NBEACH BEACH IIAII' U N COUNTY SANITATION DISTRICTS « OF ORANGE COUNTY, CALIFORNIA SRVM-CLR.CDR CSOOC 1195 EXHIBIT"G' MAP OF REVENUE AREA NO. 11 LOS ANGELES COUNTY ..one S9n� LA HASRA CF�1yOry .wu�EREA ....as. ON "w YORBA l3 LACENTIA LINDA 9OF � I c 9f 2 1 FF E LA q UE�IA 1 �o PALM PA K I ANAHEIM VILLA 0 uuie CYPRESS I PARK L STANTON ALAMITOSI RANG E GARDEN a S GRO STMINSTE S` RRWRPM IfMR a , o S SANTI 14 3 9 FO' Ll ew.e YALLEY I 0 HU NGT N ©I PACIFIC COST OCEAN r MESA IRVINE 5 ' NEWPORT BEACH N COUNTY SANITATION DISTRICTS OF ORANGE COUNTY, CALIFORNIA SRVM-CLR.CDR CSDOC 1195 EXHIBIT "H" MAP OF REVENUE AREA NO. 13 LOS ANGELES COUNTY S, LA HABRA qy 'Ib BREA y ONn w \ORBA 13 LACENTIA LINDA 9cF, 9 I aul v I r I 2 s� e UENA LA K PALM N PA� eI I ANAHEIM CYPRESS VILLA ..0 iel PARK LOS ; STANTON q ALAMITOSI Isl r RANGE 3 J I GARDEN - i GRO 11 ST wm.m.... 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