HomeMy WebLinkAboutOCSD-03 REPEALED BY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:
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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
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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.
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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.
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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
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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
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