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HomeMy WebLinkAboutOCSD-03 REPEALED BY OCSD-21 ORDINANCE NO. OCSD-03 AN ORDINANCE OF THE BOARD OF DIRECTORS OF ORANGE COUNTY SANITATION DISTRICT ADOPTING FEES, PROCEDURES, AND POLICIES CONCERNING ANNEXATIONS OF TERRITORY TO 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, the Boards of Directors of the Predecessor Districts previously, by duly adopted Ordinances, established fees, procedures and policies concerning annexations of territory to the Predecessor Districts; and, WHEREAS, the Board of Directors of the District has determined that it is necessary for the immediate preservation of the public health and safety, and in order to continue the provision of wastewater collection, treatment and disposal services, to continue the provisions of those Ordinances in effect, without interruption; and, WHEREAS, the Board of Directors of the District has received a management report, including financial needs of the District, and wishes to reaffirm the policy of the Predecessor Districts of imposing annexation fees when new territory is annexed to the District, and to adopt findings supporting the amount of the fees adopted pursuant to this Ordinance. The Board of Directors of Orange County Sanitation District, does hereby FIND: zaso-3oo 1 a3eaa_+ A. That a comprehensive 30-year Master Plan of Capital Facilities entitled, "Collection, Treatment and Disposal Facilities Master Plan - 1989', hereinafter the "Master Plan", which includes detailed financial and engineering reports, has been prepared, approved and adopted by the Boards of Directors of the Predecessor Districts identifying the required future development of District facilities, including the financial projections for providing sewer service to all properties within the District's service areas; and, B. That the financial and engineering reports of the Master Plan have been made available to the public and have been subject to noticed public hearings, all in accordance with the provisions of law; and, C. That the revenues derived under the provisions of this Ordinance will be used for the acquisition, construction, reconstruction, maintenance, and operation of the wastewater collection, treatment and disposal facilities of the District; to repay principal and interest on debt instruments, or to repay federal or state loans for the construction and reconstruction of said sewerage facilities, together with costs of administration and provisions for necessary reserves; and, D. That the properties upon which the fees established by this Ordinance are levied, will discharge wastewater to the District's collection, treatment and disposal facilities; that the costs of operating and maintaining said facilities has constantly increased due in part to increased regulatory requirements to upgrade the treatment process; and that said costs will exceed the amounts of any ad valorem tax revenues derived from said property; and, E. That the District will not receive any tax exchange from said annexed properties because of an agreement with the County of Orange under which there is no tax exchange for newly-annexed property; and, F. That the annexation fees imposed by authority of this Ordinance do not exceed the estimated amount required to provide access to the sewer service for which the fee is levied, as provided in California Constitution Article XIIID; and, G. That the fees established by this Ordinance will not necessarily result in an expansion of facilities to provide for growth outside the existing service area. The collection of these annexation fees will not result in any specific project, and will not result in a direct physical change in the environment; and, H. That the fees adopted by this Ordinance are a re-enactment of fees previously adopted by authority of actions taken by the Boards of Directors of the Predecessor Districts, and are established upon a rational basis between the fees charged each property that is annexing, and the service and facilities provided to each zaeo-aoo eseea r 2 annexed property by the District; and I. That the District has, by Ordinance No. OCSD-02, 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 Districts, except to the extent of any individual adjustments based upon approved studies and reports; and, J. 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 District, does hereby ORDAIN: Section 1: Purpose. The purpose of this Ordinance is to establish fees by this consolidated Sanitation District in the same amounts and for the same purposes that have been previously established by actions adopted by the governing Boards of Directors of the Predecessor Districts for the annexation of property to the District. Revenues derived under the provisions of this Ordinance shall be used for the acquisition, construction, reconstruction, maintenance and operation of the wastewater collection, treatment and disposal facilities of the District; to repay principal and interest on debt instruments; or to repay federal or state loans issued for the construction and reconstruction for said sewerage facilities, together with costs of administration and provisions for necessary reserves. Section 2: That the proponents of any application for annexation of any territory to the District are requesting that the annexed property become a part of the District's jurisdiction, and that by doing so, they become entitled to receive the benefits of having access to the use of the extensive capital facilities system and to receive the District's service, and shall, as a condition to securing approval of the Board of Directors of the District to such annexation, agree to and comply with the following requirements: A. Payment of all administrative costs incurred by the District in processing the annexation. zosawo a3eaa i 3 B. Payment of annexation acreage fees, as follows: Beginning July 1, 1998, the sum to be paid for annexation of territory to the District for which no tax exchange is negotiated between all affected agencies is hereby fixed for property located within each of the following Revenue Areas, as created by Ordinance No. OCSD-02. Revenue Area No. 1 N/A Revenue Area No. 2 $3,908.00 per acre Revenue Area No. 3 $4,139.00 per acre Revenue Area No. 5 $4,084.00 per acre Revenue Area No. 6 N/A Revenue Area No. 7 $3,883.00 per acre Revenue Area No. 11 $5,830.00 per acre Revenue Area No. 13 N/A Revenue Area No. 14 N/A C. The annexed territory shall be subject to the terms and conditions of all Ordinances and Resolutions pertaining to fees for connection to the District's facilities and use of said facilities, including but not limited to, industrial discharge permit fees, connection charges, and sewer service user fees. D. The annexed territory shall be annexed into an appropriate local sewering agency, or obtain the written approval of the designated local sewering agency, such as a city, for the purpose of maintaining and operating the local sewer system, including pumping stations and force mains. E. The territory, upon annexation, shall be subject to all ad valorem taxes required for the retirement of the existing and future bonds of the District and all other applicable ad valorem taxes of the District. Section 3: The General Manager is hereby authorized and directed to establish procedures and fees for processing annexation of territory to the District. Said procedures may include provisions for collection by the District of fees charged by other local and state agencies involved in the annexation process for submittal to said agencies by the District on behalf of the annexation proponent. The District's Staff is hereby directed to provide the proponents of any proposed annexation a copy of procedures and fee schedules established pursuant to the authority of this Section. Section 4: That the Staff be directed to transmit to the Orange County Local Agency Formation Commission a certified copy of this Ordinance. �wo-soo 4 sssaa i Section 5: If any of the provisions of this Ordinance or the application to any persons or circumstance are held invalid by order of Court, the remainder of this Ordinance, or the application of such provision to other persons or other circumstances, shall not be affected. Section 6: This Ordinance is enacted as an urgency measure to take effect immediately in order to fulfill the on-going obligations of the Predecessor Districts, which, by operation of law, are now the District, with all legal rights and obligations being immediately transferred from the Predecessor Districts to the District. Section 7: That the provisions of this Ordinance shall become effective July 1, 1998, and shall apply to all annexations to the District on or after said date. Section 8: That 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 greater than two-thirds of the Board of Directors of the Orange County Sanitation District at a Special Meeting held July 1, 1998. Chair, Board of Directors Orange County Sanitation District ATTE T: Secretary the Boa 0 of Directors Oran a County Sanitation District Z homas L. Woodruff, General Counsel exa_i m41LI 5 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-03 was passed and adopted at a special meeting of said Board on the 1st day of July, 1998, by the following vote, to wit: AYES: Burnie Dunlap, Chair; George Brown; John Collins; Jan Debay; Barry Denes; 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. < le Seuetary of the Boar of Directors of Orange County Sanitation District N:\WP.DTAWMIN1R RDINANCES%19M CS .CERTIFICAT*N-DDC